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2005-03-15 Regular MeetingCITY OF OKEECHOBEE MARCH 15, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDAS I. CALL TO ORDER - Mayor: March 15, 2005 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Larry Kilgore, Okeechobee Church of God; 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 Lydia Jean Williams City Attorney/Interim City Administrator John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of I Council Action for the March 1, 2005 Regular Meeting. PAGE 1 OF 13 COUNCIL ACTION-.DISCU rE Mayor Kirk called the March 15, 2005 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Larry Kilgore of the Okeechobee Church of God; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present 11 Present Council Member Chandler moved to dispense with the reading and approve the Sum,.ii�., of Council Action for the March 1, 2005 Regular Meeting; seconded by Council Member Williams. ThF:e no discussior, on this item. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. L MARCH 15, 2005 - REGULAR MEETING - PAGE 2 OF 13 209 V. WARRANT REGISTER - City Administrator. A. Motion to approve the February 2005 Warrant Registers: General Fund ........................... $365,058.92 Capital Improvements Projects -Vehicles Fund ... $17,250.00 Public Facility Improvement Fund ............... $422.91 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. Council Member Watford moved to approve the February 2005 Warrant Register in the amounts: General Fund, three hundred sixty-five thousand, fifty-eight dollars and ninety-two cents ($365,058.92); Capital Improvements Projects - Vehicles Fund, seventeen thousand, two hundred fifty dollars and zero cents ($17,250.00); Public Facility Improvement Fund, four hundred twenty-two dollars and ninety-one cents ($422.91); seconded by Council Member Markham. There was no discussion on this item. 11$10 KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any additions, deferrals, or withdrawals of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A.1. a) Motion to remove from the table a motion to adopt proposed Council Member Chandler moved to remove from the table a motion to adopt proposed Ordinance No Ordinance No. 881 - City Attorney (Exhibit 1) 111 by Council Member Williams. b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. MARCH 15, 2005 - REGULAR MEETING - PAGE 3 OF 13 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Public comments and discussion. b) Vote on motion. Motion is on the floor made by Council Members Markham and Williams to adopt proposed Ordinance No. 881. Mr. Rob Willson, applicant, was present and addressed the Council officially requesting to withdraw Application 05- 001-SSA, Ordinance No. 881. He thanked the Council for their time and advised he could develop the property without the land use change. Motion and second were withdrawn from the floor. No official action was taken on this matter. B.1. a) Motion to read by title only proposed Ordinance No. 883, regarding Council Member Watford moved to read by title only, proposed Ordinance No. 883, regarding Rezoning Petition No. Rezoning Petition No. 05-001-R, submitted by David and Anita 05-001-R, submitted by David and Anita Nunez; seconded by Council Member Markham. Nunez - City Attorney (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMs - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 883 by title only. III Attorney Cook read proposed Ordinance No. 883 by title only as follows: "AN ORDINANCE OF THE CITY OF BY REZONING A CERTAIN TRACTOFLAND MOREPARTICULARLYDESCRIBED HEREIN, FROMRESIDENTIAL SINGLEFAMILY (RSF4) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THEZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYANDANEFFECTNEDATE " 2. a) Motion to adopt proposed Ordinance No. 883. III Council Member Markham moved to adopt proposed Ordinance No. 883; seconded by Council Member Chandler. b) Public comments and discussion. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. Ordinance No. 883 pertains to Rezoning Application No. 05-001-R submitted by the property owners, David and Anita Nunez. The request is to change the zoning from RSF-1 to CPO on Lots 1 and 2 of Block 78, City of Okeechobee Subdivision. The property is currently vacant and located at the corner of Northeast 3rd Avenue and 7" Street. A Small Scale Future Land Use Map Amendment (No. 05-002-SSA) was approved at the March 1 meeting. 1 MARCH 15, 2005 - REGULAR MEETING - PAGE 4 OF 13 211 a AGENDA M COUNCILACTION DISCUSSION = VOTE VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. 1 11 The amendment would make both maps consistent with each other. Planning Staff Report Analysis: (1) The proposed zoning is not contrary to Comprehensive Plan requirements. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. (3) The proposed use will not have an adverse effect on the public interest. (4) The use as a church office, or other CPO uses, is appropriate for this location. This zoning is compatible with adjacent land uses. To the North is an exiting Auto Repair Shop, with Industrial zoning and land use. To the South is RSF-1 zoning and land use. The East property is vacant with RSF-1 zoning and land use. Then to the West is a Trailer Park with RSF-1 zoning and land use. The proposed use is not contrary or detrimental to urbanizing land use patterns on this block. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) At the site plan review stage, the impact on traffic, flooding or drainage problems will be discussed. At this time, however, it does not appear that the proposed CPO zoning will negatively impact public facilities. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Clerk Gamiotea reported by memorandum in Exhibit Two, all fee's have been paid. The ordinance was advertised in the Okeechobee News on March 4. lhe Planning Meeting). The Planning Staff is recommending approval. The General Services Department mailed twenty-four courtesy notices to the surrounding property owners, with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. There is a sale pending for the property so that it may develop for an office building for Big Lake Baptist Association. The Council discussed the application noting this was another "tough call." As these areas of residential are brought before them to change to commercial each will have to be looked at individually with a decision being rendered on the neighborhoods invidual characteristics. 212 MARCH 15, 2005 - REGULAR MEETING - PAGE 5 OF 13 AGENDA COUNCIL ACTION- DISCUSSION -NOTE VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 885, amending Council Member Watford moved to read by title only, proposed Ordinance No. 885, amending the LDR, Non - the LDR, Non -Conforming Uses Regulations - City Attorney (Exhibit Conforming Uses Regulations; seconded by Council Member Williams. 3). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 885 by title only. III Attorney Cook read proposed Ordinance No. 885 by title only as follows_ "AN ORDINANCE OF THE CITY OF CHAPTER 90, ARTICLE TWO THEREOF, DEVELOPMENT OF NON -CONFORMING LOT, AS SET OUT IN SECTION 90-35 THEREOF; AMENDING SAID SECTION TO PERMIT CERTAIN NON -CONFORMING USES WITHIN RESIDENTIAL ZONING CATEGORIES, PROVIDING FOR CONFLICTS, REPEALING ALL SECTIONS INCONSISTENT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE." Attorney Cook noted he made changes to the Ordinance and the one that is being considered is revised, Exhibit Three. C. 2. a) Motion to adopt proposed Ordinance No. 885. Council Member Markham moved to adopt proposed Ordinance No. 885, as amended; seconded by Council Member Chandler. 1 MARCH 15, 2005 - REGULAR MEETING - PAGE 6 OF 13 213 ACTION -DISCUSSION -VOTE COUNCIL The original Land Development Regulations (LDR's) non -conforming use guidelines allowed properties and structures to continue in their present state including when properties were sold or the title was transferred, as long as the use was not intensified or expanded. This was later changed to not allow the nonconforming use to continue. Ordinance No. 885 will allow non -conforming residential uses or structures to continue after the record title holder has been transferred or sold but it may not be expanded, enlarged, or increase in intensity, and the residential use must be residential in nature, until the owner elects to bring the property into compliance with the current zoning and land use regulations. However, when the property is in a commercial zoning, and the record title holder is transferred or sold then the nonconforming use will cease and not be permitted to transfer as nonconforming use and any future use must be in compliance with all City Codes and LDR's. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The Council had been contacted by a citizen, Mr. Cowboy Raulerson after the first reading of this proposed ordiannce. He advised them of dwellings within his neighborhood that are basically illegal migrant housing type dwellings. He questioned that allowing the non -conforming residential uses to continue, whetherthat would encourage illegal migrant housing to continue. Attorney Cook advised that the language in the proposed ordinacne was modified from the first draft that was presented at first reading. This ordinance will give the City an opportunity to look at other factors for code violations such as fire safety, health codes and standard building codes. City Clerk Gamiotea and Council Member these problems exists in non -conforming dwellings as well. The City has adopted the Florida Standard building code which addresses overcrowding in the Standard Housing Code. Clerk Gamiotea will be meeting with ATtorney Cook, Chief Smith and the Code Enforcement Officer's to pass on the information she was able to obtain from the City of Lake Worth. Basically, the City has everything adopted that is needed to handle these types of illegal migrant housing. When asked whether he felt this would assist with his issues, Mr. Raulerson remarked that the violators are not being caught since alot of the violations are happening during the evenings and weekends when there are no Code Enforcement Officers at work. His suggestion is to have the Code Enforcement Officers work at different times to catch those violating the codes or to add more Code Enforcement Officers. Mayor Kirk added that unless the citizens inform the City of these violations, then the City is unaware of these violations 214 MARCH 15, 2005 - REGULAR MEETING - PAGE 7 OF 13 .. .: ; AGENDA � � COUNCIL ACTION - DISCUSSION` =VOTE VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:28 P.M. A.1. a) Motion to read by title only and set April 5, 2005 as a final public Council Member Watford moved to read by title only and set April 5, 2005 as a final public hearing date for proposed hearing date for proposed Ordinance No. 887, amending the City Ordinance No. 887, amending the City General Employees' and OUA Employees' Retirement System; seconded by General Employees' and OUA Employees' Retirement System - Council Member Williams. Scott Christiansen, Pension Attorney (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 887 by title only. Attorney Cook read proposed Ordinance No. 887 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY', EMPLOYEES'RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO.828; AMENDING SECTION 1, DEFINITIONS, BYAMENDING THE DEFINITION OF "RETIREMENT", AMENDING SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OFBENEFITS; AMENDING SECTION 17, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECTION 18, EXEMPTION FROM EXECUTION, NON ASSIGNABILITY; AMENDING SECTION 23, MILITARY SERVICE PRIOR TO EMPLOYMENT, AMENDING SECT ION 25, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 27, MARCH 15, 2005 - REGULAR MEETING - PAGE 8 OF 13 :AGENDA COUNCILACTION - DISCUSSION -VOTE VIII. NEW BUSINESS CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 887 by title only PRIOR GOVERNMENTSERWCE;ADDING SECTION28, DEFERRED RETIREMENT OPTION PLAN, PROVIDING continued. FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 887. Council Member Markham moved to approve the first reading of proposed Ordinance No. 887; seconded by Council 11 Member Chandler. b) Discussion. Mayor Kirk opened the floor for discussion. Mr. Scott Christiansen, Attorney for the Pension Board addressed the Council and gave an overview of each of the three plans proposed amendments. The first item is the Trustee's would like to implement the Deferred Retirement Option Plan (DROP) program. This program would allow the option for an employee to continue to work after their normal retirement date, either by years of service or normal retirment age, for an additional five years with no additional cost to Fund or the City. B.1, a) Motion to read by title only and set April 5, 2005 as a final public hearing date for proposed Ordinance No. 888, amending the Police Officers' Retirement System - Scott Christiansen, Pension Attorney (Exhibit 5). Attorney Christiansen apologized for not having a letter in writing from the acturuail confirming that implementing the DROP program would not have an adverse effect on teh plans. He advised that he would by the final public hearing. He also noted one change in the General Employee's/OUA was that should a person retire from the City and was rehired they could continue participating in the plan. Currently when an employee retires and begins receiving benefits, they cannot participate in the plan even if they became an employee again. Discussion ensued between Council and Attorney Christiansen. There were no major objections noted for the plan amendments. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 215 Council Member Watford moved to read by title only and set April 5, 2005 as a final public hearing date for proposed Ordinance No. 888, amending the Police Officers' Retirement System; seconded by Council Member Williams. 216 MARCH 15, 2005 - REGULAR MEETING - PAGE 9 OF 13 AGENDA 1I� COUNCIL ACTION - DISCUSSION = VOTE II VIII. NEW BUSINESS CONTINUED. A.1. b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 888 by title only B. 2. a) Motion to approve the first reading of proposed Ordinance No. 888. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 888 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 749, 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 F BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY, PROVIDING FOR PRERETIREMENT DEATH BENEFITS, PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS 0 REPORTS TO THE DIVISION OF RETIREMENT, 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 DOMESTIC RELATIONS ORDERS, RETIREEDIRECTEDPAYMENTS; EXEMPTIONFROMEXECUTIONAND NON ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY, PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES, PROVIDING FOR CONVICTIONAND FORFEITURE, FALSE MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR TRANSFERS WITHIN THE CITY, PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT, PROVIDING FOR PRIOR POLICE SERVICE, PROVIDING FOR A DEFERRED RETIREMENT OPTION PLAN, PROVIDING FOR REEMPLOYMENT AFTER RETIREMENT; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.,, Council Member Markham moved to approve the first reading of proposed Ordinance No. 888; seconded by Council Member Williams. LJ� E DA NEW BUSINESS CONTINUED. B. 2. b) Discussion. c) Vote on motion. C.1. a) Motion to read by title only and set April 5, 2005 as a final public hearing date for proposed Ordinance No. 889, amending the Firefighters' Retirement System - Scott Christiansen, Pension Attorney (Exhibit 6). C.1. b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 889 by title only MARCH 15, 2005 - REGULAR MEETING - PAGE 10 OF 13 'USSION - VOTE Mayor Kirk opened the floor for discussion. Please refer to the discussion noted in New Business Item A. 2. b) as most of the discussion for all three plans was during that time. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only and set April 5, 2005 as a final public hearing date for proposed Ordinance No. 889, amending the Firefighters' Retirement System; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 217 Attorney Cook to read proposed Ordinance No. 889 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE NO. 750, 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 DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM, PROVIDING FOR DOMESTIC RELATIONS ORDERS; RETIREE DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION AND NON -ASSIGNABILITY; PROVIDING FOR PENSION • MARCH 15, 2005 - REGULAR MEETING - PAGE 11 OF 13 Vill. NEW BUSINESS CONTINUED. C.1. c) City Attorney to read proposed Ordinance No. 889 by title only continued. 2. a) Motion to approve the first reading of proposed Ordinance No. 889 b) Discussion. c) Vote on motion. D. Discussion pertaining to an interlocal agreement between the City of Okeechobee and Okeechobee County regarding the CDBG Disaster Recovery Initiative Grant - Debbie Belcher, County Grant Consultant. ... �.-..'.w.. . w�.���. n�nn� �c►cHAll \//'ITC VALIDITY, PROVIDING FOR FORFEITURE OFPENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATIONAND DEFENSE OF CLAIMS; PROVIDING FOR TRANSFERS WITHIN THE CITY; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT, PROVIDING FOR DIRECT TRANSFERS OFELIGIBLEROLLOVER DISTRIBUTIONS; PROVIDING FOR PURCHASE OFCREDITFOR PRIOR FIRE SERVICE, PROVIDING FOR A DEFERRED RETIREMENT OPTION PLAN, PROVIDING FOR REEMPLOYMENT AFTER RETIREMENT, PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.° Council Member Markham moved to approve the first reading of proposed Ordinance No. 889; seconded by Council Member Watford. Mayor Kirk opened the floor for discussion. Please refer to the discussion noted in New Business Item A. 2. b) as most of the discussion for all three plans was during that time. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA L. WILLIAMS - YEA MOTION CARRIED. A proposed Interlocal Agreement was distributed at the beginning of the meeting. Council Member Watford moved to approve the Interlocal Agreement between the City and County regarding the Community Development Block Grant (CDBG) Disaster Recovery Initiative Grant; seconded by Council Member Markham. Ms. Debbie Belcher, Okeechobee County Grant Consultant was present and addressed the Council by advising that the State has opened the time for cities and counties to apply for CDBG grant monies related to hurricane disaster recovery. At first it was understood that cities would not be able to apply. However'at the nineth hour' that changed. MARCH 15, 2005 - REGULAR MEETING - PAGE 12 OF 13 219 Vlll. NEW BUSINESS CONTINUED. D. Discussion pertaining to an interlocal agreement between the City of Okeechobee and Okeechobee County regarding the CDBG Disaster Recovery Initiative Grant - Debbie Belcher, County Grant Consultant continued. Attorney Cook interjected that Robin Brock attended the grant meeting in Gainsville on behalf of the City. However, due to the tight deadlines, the City would not be able to apply for these funds on their own. The City and County can apply jointly, which is the purpose for the Interlocal. Issues of priority to be presented for the funds are the Waste Water Plant expansion for Okeechobee Utility Authority (OUA); drainage in the Southwest Section of the City and County. Various Code Violations. Mayor Kirk encouraged Council to stay in touch with the County and to attend the next County Commissioners Meeting, March 24. Council Member Dowling Watford was appointed to represent the Council at the County meeting. Any matters that related to code enforcement for clean up of properties should also be submitted to Mr. Belcher so that she can compile the list. While the Council thanked Ms. Belcher for her work on the grant, Council Member Markham voiced his concerns with getting the information as such a late hour and having to render information within 24 hours as to areas that the city needs addiitonal help with due to the hurrican damage. Ms. Belcher responded that she understood Mr. Markham's frustration, however, the state is the one dictating the deadlines and due to when they began releasing the information, it has unfortunately been a very tight time frame for the county as well. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD -YEA L. WILLIAMS - YEA MOTION ARRIED. E. Motion to approve Temporary Street Closings for the 2005 Annual Council Member Watford moved to approve Temporary Street Closings for the 2005 Annual Community Festivals: Community Festivals - (Exhibit 7). Labor Day Festival, from 7 a.m. on September 3 through to 4:30 p.m. on September 5, SW 2"d, SW 3rd, SW 4t' and SW 5"Avenues between North and South Park Streets. Freshwater Festival, from 6:00 a.m. on November 19 through to 9:00 p.m. on Nvoember 20, SW 2"d, SW 3`d and SW 4" Avenues between North and South Park Streets. His Story, December 5 - 9, SW 6" Avenue between North and South Park Streets, 3:00 p.m. to 11:00 p.m. daily. Christmas Parade, December 10, SW 2nd, SW 3`d and SW 4" Avenues between North and South Park Streets, 6:00 a.m. to 8:00 p.m.; seconded by Council Member Markham. 220 NEW BUSINESS CONTINUED. E. Motion to approve Temporary Street Closings for the 2005 Annual Community Festivals continued. 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 matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. ATTEST: Lane Gamidtea, C C, City Clerk C VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. MARCH 15, 2005 - REGULAR MEETING - PAGE 13 of 13 I DISCUSSION - VOTE THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:48 P.M. The next regularly scheduled meeting is April 5, 2005. AFFIDAVIT OF PUBLISH It OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #12698 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 03/10/2005 Affiant further says that the said Okeechobee Times is a newspaper 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. James A. Hughes, Jr., (Publisher) (! Sworn to and subscribed before me this 16 Z11 day of M G-�_S- A.D. 2005 (SEAL) Notary Public Rosealee _° `� = Commissio .� Expires: J • Bond 0, i�; 'rh"O Atlantic Bo C NOTICE OF CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee City Council will meet in Regular Session on Tuesday, March 15, 2005, 6:00pm, City Hall, 55 SE 3nl Ave., Rm 200, Okeechobee; Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863).763-3372. x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires toap- peal any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such pur- pose may need to ensure a verbatim record of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Autericans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing spe- cial accommodation to participate in this pro. ceeding should contact Lam Onniotau no later than two (2) working days pride to the proceeding at 863-763.3372 n 214; If you we hewing or voice impaired. call TDD 1-86'06 222.3448 (voice) or 1-888-447,5620 (TYY). LANE GAMIOTEA, CMC, City Clerk PUBLISH 03/10/2005 OKEECHOBEE TINES -------------------------------------------------- V Brennan .#DD318483 in 25, 2008 d T11n1 ding Co., Inc. Tape 1 side A CITY OF OKEECHOBEE - March 15, 2005 - REGULAR CITY COUNC L MEETING. HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: II. OPENING CEREMONIES: Invocation given by Pastor Larry Kilg Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Attorney John R. Cook Interim City Administrator John R. Cook Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Page -1- Okeechobee Church of God; Absent IV. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of� /Council Action for the March 1, 2005 Regular Meeting; seconded by Council Member �n �, k a "we ` ' t�2 �ZCi�u i VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS - MOTION: DENIED/CRIED. V. WARRANT REGISTER - Cl� Administrator. A. Council Member " p, C _ moved to approve the February 2005 Warrant Register in the amounts: General Fund, 16e hundred sixty-five thousand, fi ty-eight dollars and ninety-two cents ($365,058.92); Capital Projects -Vehicles, seventeen thousand, two hundred fifty dollars and zero cents ($17,250.00); Public Facility Improvement Fund four hundred twenty-two dollars and ninety-one cents ($422.91); seconded by Council Member VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED ARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on agenda. • • VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR A.1. a) Council Member X,&U moved to remove from thi Ordinance No. 881 - City Attorney (Exhibit 1); seconded by Cow b) Vote on motion to remove from the table.. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DEN 2. a) Public comments and discussion. i b) Vote on motion.�'P VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. B.1. a) Council Member t % tk moved to read by title regarding Rezoning Petitio No. 05-001-R, subrrpitted by Dayl (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ RRIED. c) Attorney Cook read proposed Ordinance No. 883 by title only as ft CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL BY REZONING A CERTAIN TRACT OF LAND MORE PARTH FROM RESIDENTIAL SINGLE FAMILY (RSF-1) ZONING PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AA ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILI' 2. a) Council Member `t lb a�J moved to adopt proposed Council Member Page -2- ADOPTION AT P.M. table a motion to ado t proposed cil Member my proposed Ordinance No. 883, and Anita Nunez - City Attorney (lows: "AN ORDINANCE OF THE ZONING MAP OF OKEECHOBEE 'ULARLY DESCRIBED HEREIN, DISTRICT TO COMMERCIAL (ENDING THE ZONING MAP 'YAND AN EFFECTIVE DATE." Ordinance No. 883; seconded by E b) Public comments and discussion.(' Page -3- Planning Staff Report Summary: The subject property is currently zoned Residential Single Family (RSF-1) and a Future Land Use category change to Commercial is pending for this property. The applicant is requesting a rezoning from RSF-1 to CPO Commercial Professional Office. The applicant is proposing to sell the property to a church for use as an office building. Planning Staff Report Analysis: (1) The proposed zoning is not ontrary to Comprehensive Plan requirements. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the use as a church office is specifically authorized under the CPO Zoning District. (3) The proposed use will not have an adverse effect on tie public interest. (4) The use as a church office, or other CPO uses, is appropriate for this location. This zoning is compatible with adjacent land uses. The proposed use is not contrary or detrimental to urbanizing land L se patterns on this block. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The proposed use can be suitab y buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborho d. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No density is involved. (8) The proposed use will not create traffic congest on, flooding or drainage problems, or otherwise affect public safety. At the site plan review stage, the imp act on traffic, flooding or drainage problems will be discussed. At this time, however, it does not appear that the proposed CPO zoning will negatively impact public facilities. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Planning Staff Report Summary and Conclusion prior to Certification: The proposed zoning would be consistent with the City's Comprehensive Plan if the Small Scale Amend ent is approved as Commercial. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF-1 to Commercial Professional Office permitting the applicant to use the property as a church office. Clerk Gamiotea reported by memorandum in Exhibit Two, all fee's have advertised in the Okeechobee News on March 4. The Planning Board N approval (February 22 Meeting). The Planning Staff is recommending Department mailed twenty-four courtesy notices to the surrounding propert,. The property was posted with a sign advertising the request of the rezo Planning Board and City Council public hearings. There is a sale pendi develop for an office building for Big Lake Baptist Q ssociation. /--��`Xe'��C,� c) Vote on motion. VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/0 YEA NAY ABSTAIN ABSENT been paid. The ordinance was oted unanimously to recommend approval. The General Services owners, with no response to date. ling, dates and times of both the ig for the property so that it may • • Page -4- C.1. a) Council Member G fit- moved to read by title only proposed Ordinance No. 885, amending the LDR, on -Conforming Uses Regulations - City Attorney (Exhibit 3); seconded by Council Member.(%CQ�rrx� . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ LA�RRIED. c) Attorney Cook read proposed Ordinance No. 885 by title only as follow : "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, CODE OF ORDINANCES, PARTICULARLY CHAPTER 90, ARTICLE TWO THEREOF, DEVELOPMENT OFNON-CONFORMING LOT, ASSET OUT IN SECTION 90-35 THEREOF, AMENDING SAI SECTION TO PERMIT CERTAIN NON -CONFORMING USES WITHIN RESIDENTIAL ZONING CATEGORIES, PROVIDING FOR CONFLICTS, REPEALING ALL SECTIONS INCONSISTENT H REWITH; PROVIDING FOR AN EFFECTIVE DATE." �' f�lC�' �t_� � �2 n:��� e�: 1 jL�d zc.� !) L�zi G` � 2. a) Council Member 4z,1 moved to a Ordinance No. 885; seconded by Council Member b) Public comments and discussion. j yd { � J �t ij r c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENT ICARRIE MAYOR KIRK CLOSED THE PUBLIC HEARING AT �P r36 P.M. 36,; J � Page -5- NEW BUSINESS. Council Member moved to read by title only and set April 5, 2005 as a final public hearing date for prop sed Ordinance No. 887, amending the City General Employees' and OUA Employees' Retirement System - Scott Christiansen, Pension Attorney (Exhibit 4); seconded by Council Member 4TXj b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ JAR�IiE�D c) Attorney Cook read proposed Ordinance No. 887 by title only as follow : "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBE AND OKEECHOBEE UTILITY AUTHORITYEMPLOYEES'RETIREMENT SYSTEM, ADOPTED PU SUANT TO ORDINANCE NO.828; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE FINITION OF "RETIREMENT", AMENDING SECTION3, BOARD OF TRUSTEES; AMENDING SE T10N 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDI SECTION 17, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECTION 18, EXEMP ION FROM EXECUTION, NON - ASSIGNABILITY; AMENDING SECTION 23, MILITARY SERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 25, REEMPLOYMENTAFTER RETIREMENT, AMENDING SECTION 27, PRIOR GOVERNMENT SERVICE; ADDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN, PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILI OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING A EFFECTIVE DATE.,, 2. a) Council Member `�1��`��^� moved to p r Ordinance No. 887; seconded by Council Member b) Discussion. �.+Lb��L.,�-" Y-'LLQ-.�L�/'� .� l•�.t����� ci��'g-�k'�/ j��Ey(. It c) Vote o motion. rC VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ 4RRIED. e first reading of proposed E 0 E • Jl- _VV14 iLp 0 Page -6- B.1. a) Council Member moved to read by title only and set April 5, 2005 as a final public hearing date for oposed Ordinance No. 888, amending the Police Officers' Retirement System - Scott Christiansen, Pension Attorney (Exhibit ); seconded by Council Member b) Vote on motion. VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DEN YEA NAY ABSTAIN ABSENT c) Attorney Cook to read proposed Ordinance No. 888 by title only as CITY OF OKEECHOBEE AMENDING AND RESTATING THE CI i POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PUR SUBSEQUENTLY AMENDED; PROVIDING FOR DEFINITIONS; PROVIDING FOR A BOARD OF TRUSTEES; PROV►DIN( MANAGEMENT, PROVIDING FOR CONTRIBUTIONS; PROVIDII ELIGIBILITY; PROVIDING FOR PRERETIREMENT DEATH BENEI BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PR( BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CL FOR REPORTS TO THE DIVISION OF RETIREMENT, PROVIDIN PROVIDING FOR A MAXIMUM PENSION LIMITATION, PRC BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; TERMINATION OF THE SYSTEM, PROVIDING FOR DOMESTIC DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION AND I FOR PENSION VALIDITY, PROVIDING FOR FORFEITURE CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORF FRAUDULENT STATEMENTS; PROVIDING FOR ►NDEMNIFICA PROVIDING FOR TRANSFERS WITHIN THE CITY, PROVIDih ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR PURI SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR PRIOR P A DEFERRED RETIREMENT OPTION PLAN, PROVIDING RETIREMENT; PROVIDING FOR CODIFICATION, PROVIDING FO REPEALING ALL ORDINANCES IN CONFLICT HEREWITHAND I )flows: "AN ORDINANCE OF THE (OF OKEECHOBEE MUNICIPAL UANT TO ORDINANCE 749, AS PROVIDING FOR MEMBERSHIP; FOR FINANCES AND FUND G FOR BENEFIT AMOUNTS AND ITS; PROVIDING FOR DISABILITY VIDING OPTIONAL FORMS OF IMS PROCEDURES; PROVIDING 3 FOR A ROSTER OF RETIREES; (IDNNG FOR DISTRIBUTION OF PROVIDING FOR REPEAL OR RELATIONS ORDERS; RETIREE DN ASSIGNABILITY; PROVIDING )F PENSION UNDER CERTAIN ITURE, FALSE, MISLEADING OR ION AND DEFENSE OF CLAIMS; 3 FOR DIRECT TRANSFERS OF HASE OF CREDIT FOR MILITARY IL10E SERVICE; PROVIDING FOR FOR REEMPLOYMENT AFTER ! SEVERABILITYOFPROVISIONS; ROVIDING AN EFFECTIVE DATE." 2. a) Council Member / 'XL1/ U.g--,-,t-) moved to approve the first reading of proposed Ordinance No. 888; seconded by Council Member .0 b) Discussion. �- l c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED ARRIED. • 0 C.1. a) Council Member---/Y-k ' moved to read by title public hearing date for pro sed Ordinance No. 889, amending Scott Christiansen, Pension Attorney (Exhibit 6); seconded by b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE /CARRIED C) Page -7- ly and set April 5, 2005 as a final Firefighters' Retirement System - ,uncil Member Attorney Cook to read proposed Ordinance No. 889 by title only s follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY 0 OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE NO. 750, AS SUBSEQUENTLYAMENDED; PROVIDING FOR DEFINITIONS; I IROVIDING FOR MEMBERSHIP, PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FORBENEFITAMOUNTSAND ELIGIBILITY, PROVIDING FOR PRE -RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OFBENEFITS; PROVIDING FOR BENEFICIARIES; PRO (DING CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF RETIREME T; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A MAXIMUM PENSION IMITATION, PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM, PROVIDIN FOR DOMESTIC RELATIONS ORDERS; RETIREE DIRECTED PAYMENTS; EXEMPTION ROM EXECUTION AND NON - ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY, PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIL ING FOR CONVICTION AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR TRANSFERS WITHIN THE CITY; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT, PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR PURCHASE OF CREW r FOR PRIOR FIRE SERVICE; PROVIDING FOR A DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR REEMPLOYMENT AFTER RETIREMENT, PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINA VCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Council Member --! x lif kJ L" --) move to approve the fi No. 889; seconded by Council Member b) Discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD r L. WILLIAMS MOTION: DENIED CARRIED. reading of proposed Ordinance ( d r r f( I l Page -8- D. Discussion pertaining to an interlocal agreement between the Cit of Okeechobee and Okeechobee county regarding the CDBG Disaster Recovery Initiative Grant - Debbie Belcher, County Grant Consultant. 1 / , e� u - (,� (mot '.�allLJ�r 37i f % J E. Council Member moved to approve temporary Street Clos ngs for the 2005 Annual Community Festi Is - City Clerk (Exhibit 7); seconded b Council Member 1. Labor Day Festival, September 3 - 5, SW 2n1, S 3rd, SW 4`h and SW 5`h Avenues between North and South Park Streets, 7:00 a.m. to 4:30 p.m. ocq 2. Freshwater Festival, November 19 - 20, SW od, SW 3rd and SW 41h Avenues between North and South Park Streets, 6:00 a.m. to 9:00 p.m. 3. His Story, December 5 - 9,SW 6th Avenue betty en North and South Park Streets, 3:00 p.m. to 11:00 p.m. 4. Christmas Parade, December 10, SW 2"1, SW 3rd and SW 4`h Avenues between North and South Park Streets, 6:00 a.m. to 8:00 p.m. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE LICAR:R:IE�) VII. MAYOR KIRK ADJOURNED THE MEETING AT — - �,Lp. • I • al-Zk M-4C /xr 64LIa - Ice ck-k"e(lie --,y f ofig-t , 7-y (Ile /t���-I�-(�-� - ^ `" -�" / f'k-�" `� .Z� - t`t_t�� �� � r�� � �. a �� .,' � i � `X��6�-� � ` ; / ' �''r �-� ���r Li `�� G�L�'�/,yZ,% (,�° �-���K-t�;� ��- I � d GLt"r�i., (.G/%it-E, `" "" �'_''' �!(�1r Ir I'LL) • /'ry �J Tape 1 side A CITY OF OKEECHOBEE - March 15, 2005 - REGULAR CITY COUNCII HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: MEETING - Page -1- II. OPENING CEREMONIES: Invocation given by Pastor Larry Kil ore, Okeechobee Church of God; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Attorney John R. Cook Interim Administrator/Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Absent X X X X X X X X X IV. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the March 1, 2005 Regular Meeting; seconded by Council Member Williams. No. Discussion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V. WARRANT REGISTER - City Administrator. A. Council Member Watford moved to approve the February 2005 General Fund, three hundred sixty-five thousand, fifty-eigh ($365,058.92); Capital Improvements Projects -Vehicles Fund, sev dollars and zero cents ($17,250.00); Public Facility Improvemei dollars and ninety-one cents ($422.91); seconded by Council Mei VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on Varrant Register in the amounts: dollars and ninety-two cents !nteen thousand, two hundred fifty t Fund, four hundred twenty-two fiber Markham. No Discussion. agenda. None. • • Page -2- VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A.1. a) Council Member Chandler moved to remove from the table a me 881 - City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to remove from the table. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. 2. a) Public comments and discussion. (Motion is on the f Williams to adopt proposed Ordinance No. 881). Watford, basis question is the area has sf homes on that block and this the applicant is here and maybe he could shed some light on the proj Rob Willson, applicant for land use change, after reading in the paper, ev( the reason why I brought it in here for change is the need for transitional hol is a need for rental homes which we do not have at this time, trying to crea is also a long term investment, the property will also allow 2 single family but we wanted to create something that is needed, is a mix use neighbor he disagree with what was discussed, good points all around were made, b those transitional. We have decided to withdraw it at this time. You need to want to be a problem with this and we thank you for how much time you I Motion and second was withdrawn from the floor. Kirk, as requested withdraw b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED / CARRIED. B.1. a) Council Member Watford moved to read by title only propo: Rezoning Petition No. 05-001-R, submitted by David and Anita seconded by Council Member Markham. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 883 by title only as fol CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL; BY REZONING A CERTAIN TRACT OF LAND MORE PARTIC FROM RESIDENTIAL SINGLE FAMILY (RSF-1) ZONING PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AM n to adopt proposed Ordinance No. Iliams. and change that nature of that block, west. ryone saw it, listened to the tapes, sing, not affordable housing, there s a project that is needed, a triplex comes and that is a proposal also, Dd no matter how you slice it, don't ngs up how are you going to use )ok at the transitional areas. Don't' ave put in it. d Ordinance No. 883, regarding lunez - City Attorney (Exhibit 2); : "AN ORDINANCE OF THE NG MAP OF OKEECHOBEE RLY DESCRIBED HEREIN, rR/CT TO COMMERCIAL iING THE ZONING MAP L� ACCORDINGLY, PROVIDING FOR CONFLICTS, Page -3- AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinan a No. 883; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether them were any questions or comments from the public. There were none. Ordinance No. 883 pertains to Rezoning Application No. 05-001-R submi ted by the property owners, David and Anita Nunez. The request is to change the zoning from RSF-1 to CPO on Lots 1 and 2 of Block 78, City of Okeechobee Subdivision. The property is currently vacant and located ai the corner of Northeast 3`d Avenue and V' Street. A Small Scale Future Land Use Map Amendment (No. 05-00 -SSA) was approved at the March 1 meeting. The amendment would make both maps consistent with each other. Planning Staff Report Analysis: (1) The proposed zoning is not contrary to Comprehensive Plan requirements. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. (3) The proposed use will not have an adverse effect on the public interest. (4) The use as a church office, or other CPO uses, is appropriate for this location. This zoning is compatible with adjacent land uses. To the North is an exiting Auto Repair Shop, with Industrial zoning and land use. To the South is RSF-1 zoning and land use. The East property is vacant with RSF-1 zoning and land use. Then to the West is a Trailer Park with RSF-1 zoning and land use. The propose use is not contrary or detrimental to urbanizing land use patterns on this block. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) At the sita plan review stage, the impact on traffic, flooding or drainage problems will be discussed. At this time, however, it does not appear that the proposed CPO zoning will negatively impact public facilities. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. Al0) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Clerk Gamiotea reported by memorandum in Exhibit Two, all fee's have been paid. The ordinance was advertised in the Okeechobee News on March 4. The Planning Board voted unanimously to recommend approval (February 22 Meeting). The Planning Staff is recommending approval. The General Services Department mailed twenty-four courtesy notices to the surrounding property owners, with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. There is a sale pendi g for the property so that it may develop for an office building for Big Lake Baptist Association. Watford, another tough call, think it would fit, think of other areas like a dent�st office in a somewhat residential area, which later converted all into commercial. Markham, agree, have to look at it seperate, commercial area seems to t enough room for them, need to look at each, individually as they come in. Watford, vacant? yes. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. moving and we do not have C.1. a) Council Member Watford moved to read by title only proposed Ordinnce No. 885, amending the LDR, Non -Conforming Uses Regulations- City Attorney (Exhibit 3);seco ded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 885 by title only as 1 CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE i PARTICULARLY CHAPTER 90, ARTICLE TWO THERE CONFORMING LOT, ASSET OUT IN SECTION 90-35 THEREC PERMIT CERTAIN NON -CONFORMING USES WITHIN RESIT PROVIDING FOR CONFLICTS, REPEALING ALL SECTION PROVIDING FOR AN EFFECTIVE DATE." Page -4- illows: "AN ORDINANCE OF THE 0.716, CODE OF ORDINANCES, IF, DEVELOPMENT OF NON - ",AMENDING SAID SECTION TO ENTIAL ZONING CATEGORIES, 'S INCONSISTENT HEREWITH; 2. a) Council Member Markham moved to adopt proposed Ordinance N o. 885 as amended; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether them were any questions or comments from the public. Markham, spoke with clerk today, just reading over it didn't sink it to exa tly what we decided to do and got that and looked at what we have to work with in the LDR's found in the L Rs' in definitions will support the ordinance, and code enforcement board, Cook, last paragraph in c, which was added after meeting with Mr. Rauler; permitted in catagory, it can continue, this requries staff to look at othE violations, standard building codes, density, how many people can live thi housing, intent of amendment is to allow, and if there are other violations Watford, so this will address the issue we were concerned with. Markham, Clerk, others discussion on migrant housing, etc discussion. Watford, thank everyone for working on this. Cowboy Raulerson, weekends and night is when the moving in and out ha people to being about to go out at different times, and more of them. Need to have the citizens reports any areas where people are leaving it c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:28 P.M. VIII. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only and set April date for proposed Ordinance No. 887, amending the City General E Retirement System - Scott Christiansen, Pension Attorney (Exhibit Williams. i, if you have a RSF use and not factors, fire safety, health code rentals being used for migrant ey will required to meet. s, need more code enforcement 5, 2005 as a final public hearing :mployees' and OUA Employees' 4); seconded by Council Member Page -5- b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 887 by title only as fc Ilows: "AN ORDINANCE OF THE CITYOFOKEECHOBEEAMENDINGTHE CITYOFOKEECHO EEANDOKEECHOBEEUTILITY AUTHORITYEMPLOYEES-RETIREMENT SYSTEM, ADOPTED URSUANT TO ORDINANCENO. 828, AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "RETIREMENT"! AMENDING SECTION 3, BOARD OF TRU TEES; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF ENEFITS; AMENDING SECTION 17, REPEAL OR TERMINATION OF SYSTEM, AMENDING S CTION 18, EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY; AMENDING SECTION 23 MILITARY SERVICE PRIOR TO EMPLOYMENT, AMENDING SECTION25, REEMPLOYMENTA ERRETIREMENT;AMENDING SECTION 27, PRIOR GOVERNMENT SERVICE; ADDING SECTI N 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION, PROVI ING FOR SEVERABILITY OF PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT EREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 887; seconded by Council Member Chandler. b) Discussion. Mayor Kirk opened the floor for discussion, Scott Christiansen, Pension Attorney addressed the Council, restated the General last year, give an ov rview in each of the 3 plans and answer some of your questions. Scott, House keeping things throughout, main thing is adding the DROP deferred retirment option plan, employee reaches date for normal retirement, they can retire stay home and send check to the house, drop says they retire from plan, work up to 5 years, calculate plan as if staying home, then continue to work each month they work instead of giving to them, we take and put the retirement check in an account for them each quarter we increase by 6%, or whatever the plan interest rate is. At end of 6 years have to stop working, has a real nice nest egg to do with whatever they decide to do. Why do it? trading 5 years of service in the plan, not gone and worked that would increase the benefit pay out, not accruing anymore service, not eliglllble for disability benefits since they are retired from the plan, its beena very popular with the FL retirement plan, added alot of these to private plans, no costs to the city for this program. Did run by the actuarial reviewed, indicated there is no costs with any and will have something in writing by final reading. Kirk questions: Do they still pay into retirement? No and neither does the city pay in. Retire by years of service or age. Yes. One reason why so popular in state is they pay 100% Page 3, 3rd paragraph, FS 175 and 185, required in Police and Fire, someone out on disability benefit, gone 2-3 years and are able to coem back to work, their service is deemed to be continuous so you do not have to start over again, they pick up where they left off. Time they were gone, that doesn't count. System is this pension plan. Page 4, optional form of benefits, someone retires paid based on ananuity, add option doesn't apply to drop people, elect to take lump sum from benefit, ie $200,000, 20% of that in a ump sum, what's left is used by actural uses to calculate. Watford and no costs associated with that since its their benefit, Yes. Reemployment section, after retiring, then comes back to work. Benefits stops and we arrange them to participate in new benefit. No costs associated. Early retirment benefit stops ntil they reach the retirment age or time. Employee retires normal, rehire them, they are not entitled to participate? P lice and Fire are different. Gen allows them to retire, draw benefit, come back to work, participate in plan an new benfit. Still no costs to the 0 • city, page 7, paragraph 2. Watford questions: Interest, 6 1/2 % because basically fl retire uses, not a good judge, no impact because long term going to get 8%, all the pension boards have approved this ? yes. cost of living with pensions? yes, page 13 of police and fire, Page -6- iting good standpoint, actural says IE: the City puts $100 in pension, don't get the money to us once its in the ystme it says in the system. Thank is correct. Scott, but, to the extent we do better than the 61/2 % then we gain and reduces the amount the city put in there. Unless you increase the benefit. And if I were sitting on the board I would do the same thing. We have ran the numbers and it evens out over the years. We can take the % out. These are good points you're making. Markham, people looking at doing this? Being put in because everyone is doing it. Can't answer if any one is looking at going in, one of those things, they talk and note it doens't cost anything, recuiting standpoint can compete, raised initially by board members to me and then I took from there, Cost of living, general plan, not compelte restatement, just sections that do not. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only and set April date for proposed Ordinance No. 888, amending the Police Offi( Christiansen, Pension Attorney (Exhibit 5); seconded by Council h b) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C) Attorney Cook to read proposed Ordinance No. 888 by title only as THE CITY OF OKEECHOBEE AMENDING AND RESTATING MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ORDINANCE 749, AS SUBSEQUENTL YAMENDED; PROVIDING F FOR MEMBERSHIP; PROVIDING FORA BOARD OF TRUSTEES AND FUND MANAGEMENT, PROVIDING FOR CONTRIBUTION; AMOUNTS AND ELIGIBILITY, PROVIDING FOR PRERETIR PROVIDING FOR D/SABILITYBENEFITS, PROVIDINGFOR VESTIA OPTIONAL FORMS OF BENEFITS, PROVIDING FOR BENEF/CI PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION C FOR A ROSTER OF RETIREES; PROVIDING FOR A MAXIM PROVIDING FOR DISTRIBUTION OFBENEFITS, PROVIDING MIS PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; RELATIONS ORDERS, RETIREE DIRECTED PAYMENTS, EXEMP NON ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY, PF OF PENSION UNDER CERTAIN CIRCUMSTANCES, PROV/DII amended. General employees 5, 2005 as a final public hearing :ers' Retirement System - Scott lember Williams. follows: "AN ORDINANCE OF HE CITY OF OKEECHOBEE ADOPTED PURSUANT TO DR DEFINITIONS, PROVIDING PROVIDING FOR FINANCES PROVIDING FOR BENEFIT EMENT DEATH BENEFITS; ►GOFBENEFITS; PROVIDING ARIES; PROVIDING CLAIMS F RETIREMENT; PROVIDING IUM PENSION LIMITATION, CELLANEOUS PROVISIONS; PROVIDING FOR DOMESTIC LION FROM EXECUTIONAND 'OV/D/NG FOR FORFEITURE IG FOR CONVICTION AND 0 • FORFEITURE, FALSE, MISLEADING OR FRAUDULENT INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDIN( CITY; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBL PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SE PROVIDING FOR PRIOR POLICE SERVICE, PROVIDING F OPTION PLAN, PROVIDING FOR REEMPLOYMENT AFTER CODIFICATION, PROVIDING FOR SEVERABILITY OF F ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AI Page -7- rATEMENTS, PROVIDING FOR FOR TRANSFERS WITHIN THE ROLLOVER DISTRIBUTIONS; 'VICE PRIOR TO EMPLOYMENT, )R A DEFERRED RETIREMENT RETIREMENT; PROVIDING FOR ZOWSIONS; REPEALING ALL EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 888; seconded by Council Member Williams. b) Discussion. Mayor Kirk opened the floor for discussion. Bas house keeping. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C. I. a) Council Member Watford moved to read by title only and set April date for proposed Ordinance No. 889, amending the Firefight( Christiansen, Pension Attorney (Exhibit 6); seconded by Council A b) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C) Attorney Cook to read proposed Ordinance No. 889 by title only as THE CITY OF OKEECHOBEE AMENDING THE CITY OF FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT T( SUBSEQUENTLYAMENDED; PROVIDING FOR DEFINITIONS, PF PROVIDING FOR A BOARD OF TRUSTEES, PROVIDING I MANAGEMENT; PROWDINGFORCONTRIBUTIONS; PROVIDING ELIGIBILITY, PROVIDING FOR PRE -RETIREMENT DEATH E DISABILITY BENEFITS, PROVIDING FOR VESTING OF BENEI FORMS OFBENEFITS, PROVIDING FORBENEFICIARIES; PROVG PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT, OF RETIREES; PROVIDING FOR A MAXIMUM PENSION LIA DISTRIBUTION OFBENEFITS; PROVIDING MISCELLANEOUS PI REPEAL OR TERMINATION OF THE SYSTEM, PROVIDING F ORDERS, RETIREE DIRECTED PAYMENTS, EXEMPTION FRI ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY, PROVI PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDIN( FORFEITURE, FALSE, MISLEADING OR FRAUDULENT ST47 INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FO CITY; PROVIDING FOR PURCHASE OF CREDIT FOR MIL11 EMPLOYMENT, PROVIDING FOR DIRECT TRANSFERS DISTRIBUTIONS; PROVIDING FOR PURCHASE OF CREDIT F PROVIDING FOR A DEFERRED RETIREMENT OPTION same changes plus some other , 2005 as a final public hearing s' Retirement System - Scott ,mber Chandler. follows: "AN ORDINANCE OF OKEECHOBEE MUNICIPAL ORDINANCE NO. 750, AS 'OVIDING FORMEMBERSHIP; 'OR FINANCES AND FUND FOR BENEFI T AMOUNTS AND ENEFITS, PROVIDING FOR ITS, PROVIDING OPTIONAL )ING CLAIMS PROCEDURES, PROVIDING FOR A ROSTER IITATION; PROVIDING FOR , ISIONS, PROVIDING FOR OR DOMESTIC RELATIONS )M EXECUTION AND NON - DING FOR FORFEITURE OF FOR CONVICTION AND EMENTS; PROVIDING FOR R TRANSFERS WITHIN THE ARY SERVICE PRIOR TO )F ELIGIBLE ROLLOVER DR PRIOR FIRE SERVICE, PLAN; PROVIDING FOR • Page -8- REEMPLOYMENT AFTER RETIREMENT; PROVIDING FOR OD/FICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 889; seconded by Council Member Watford. b) Discussion. Mayor Kirk opened the floor for discussion. Same changes proposed. Markham, military credit, then to general employees, service prior toemployment to the city, can by that, doesnt' county toward vesting. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Discussion pertaining to an interlocal agreement between the City f Okeechobee and Okeechobee county regarding the CDBG Disaster Recovery Initiative Grant Debbie Belcher, County Grant Consultant. Council Member Watford moved to approve the interlocal agreement between the City of Okeechobee and Okeechobee County regarding the CDBG Disaster Recovery Initiative Grant Debbie Belcher, County Grant Consultant, months ago, CDBG world knew money available Congress appropriate, State had time to get ready, reason didn't come to the city soon ar, thought county would get the funds and then disperse, not the case, city can apply for money to the county $4,375,000.00 biggested chunk is for wastewater plant expansion, mostly benefit the city, NE 14th AVenue, catch adn treat some of the water, 2nd and 5th streets, storm water permits and grants are iffy, other areas to look would be code enforcement, owners who don't clean up their property if you wanted to work that into this grant, public type improvement, low income area, Cook, wasn't aware of this until the week after Veach left, primarily city'sweren't award of this until now, deadline being April, we sent a rep to CDBG to Gainsville out of caution, to gel the 10 points, due to late notice and the huge volume work that would go into an application, almost impossible to have the city apply. County's intention to look at it as a county wide, OUA is always at the top of the list. WAtford, remember you said very short deadline, April 4th. No advisory committee or citizens advisory committee for this grant. Going to have a public hearing on this at the next County meeting. Having a road meeting also. Presented this grant and others, do any of those or will any of those address housing problems? Yes, another one, the governors office got a group toghether as a alloca ion system, state money the legislature has to vote on, but the recommendation out of that work group is okE e county $7 million for housing, within that they have a recommendation for set a sides from that total amoun , 3 parts, extreme low income, $700,000 for planning, cant see how to spend that for planning on housing y plan is that with the county, trying to mirror the ship program, the way it is now, assuming I'm running it f r until budget is set. the county my plan is to take some of that planning money and use actually as administrative to have more to use on housing, wont know Watford, know wastewater problem is, committed to do whatever we can to ssist.. Yes will fit that project, strategy is housing to replace, substandard lots, cant put on septic, not going to same location, You think logic will work. Yes. Markham, didn't know anything about this, wish I would have know and we cduld have thought about it and come up with areas like the county did. • • Kirk, because of time frame no. Debbie, let me know and I can bring it back to the county next week. T a surprise, Veach contacted consultant here and tend to agree with Ma was going to be the only one to apply, workshop was March 7 when the March 1 started, learned about this on march 3, sent robin up there possible, Nancy still recovering from surgery, Spoke with county and kr we were going to be able to participate at least through the county, Page -9- s not enough time. Interlocal was time frame it was orginally county :e said they needed the interlocal. get us the points in case it was they were working on it and knew Watford, probably the amount of money we could get, hurt the county in the long run, leverage the funds, think it will benefit us at least the wastewater treatment plant, support this if or no other reason, and help with flooding in the southwest section. County wouldn't do anything about it before, dont' take the money and Next Thursday at 3 a city council member attend the county commis concerns about the flooding down on that end. Okay another one atte VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E. Council Member Watford moved to approve Temporary Str Community Festivals - City Clerk (Exhibit 7); seconded by Cou it somewhere else. meeting, Dowling to attend. give Its a public meeting. Closings for the 2005 Annual Member Markham. 1. Labor Day Festival, September 3 - 5, SW 2"d, SW 3rd, S 4'h and SW 51h Avenues between North and South Park Streets, 7:00 a.m. to 4:30 p.m. 2. Freshwater Festival, November 19 - 20, SW 2"d, SW 3rd ad SW 41h Avenues between North and South Park Streets, 6:00 a.m. to 9:00 p.m. 3. His Story, December 5 - 9,SW 61h Avenue between North nd South Park Streets, 3:00 p.m. to 11:00 P.M. 4. Christmas Parade, December 10, SW 2"d, SW 3' and S South Park Streets, 6:00 a.m. to 8:00 p.m. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT 7:48 P.M. 4'h Avenues between North and IV. CITY OF OKEECHOBEE MARCH 15, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER - Mayor: OPENING CEREMONIES: March 15, 2005 City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor Lary Kilgore, Okeechobee Church of God; 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 Lydia Jean Williams City Attorney/Interim Administrator John R. Cook City Clerk Lane Gamiotea MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 1, 2005 Regular Meeting. V. WARRANT REGISTERS - Interim Administrator. A. Motion to approve the February 2005 Warrant Registers. General Fund $365,058.92 Capital Projects - Vehicles $ 17,250.00 Public Facility Improvement Fund $ 422.91 MARCH 15, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION. • A.1.a) Motion to remove from the table a motion to adopt proposed Ordinance No. 881- City Attorney (Exhibit 1). b) Vote on motion to remove from the table. 2.a) Public comments and discussion. b) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 883, regarding Rezoning Petition No. 05-001-R, submitted by David and Anita Nunez- City Attorney (Exhibit 2). b) Vote on motion to read by title only. . C) City Attorney to read proposed Ordinance No. 883 by title only. 2.a) Motion to adopt proposed Ordinance No. 883. b) Public comments and discussion. C) Vote on motion. C.1.a) Motion to read by title only proposed Ordinance No. 885, amending the LDR, Non -Conforming Uses Regulations -City Attorney (Exhibit 3). b) Vote on motion to read by titre only. C) City Attorney to read proposed Ordinance No. 885 by title only. MARCH 15, 2005 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.2.a) Motion to adopt proposed Ordinance No. 885. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. A.1.a) Motion to read by title only and set April 5, 2005 as a final public hearing date for proposed Ordinance No. 887 amending the City General Employees' and OUA Employees' Retirement System - Scott Christiansen, Pension Attorney (Exhibit 4). b) Vote on motion to read by titre only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 887 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 887. b) Discussion. B.1.a) Motion to read by title only and set April 5, 2005 as a final public hearing date for proposed Ordinance No. 888 amending the Police Officers' Retirement System - Scott Christiansen, Pension Attorney (Exhibit 5). b) Vote on motion to read by titre only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 888 by titre only. 2.a) Motion to approve the first reading of proposed Ordinance No. 888. MARCH 15, 2005 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. B.2.b) Discussion. c) Vote on motion. C.1.a) Motion to read by titre only and set April 5, 2005 as a final public hearing date for proposed Ordinance No. 889 amending the Firefighters' Retirement System - Scott Christiansen, Pension Attorney (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 889 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 889. b) Discussion. c) Vote on motion. D. Discussion pertaining to an interiocal agreement between the City of Okeechobee and Okeechobee County regarding the CDBG Disaster Recovery Initiative Grant - Debbie Belcher, County Grant Consultant E. Motion to approve Temporary Street Closings for the 2005 Annual Community Festivals - City Clerk 1. Labor Day Festival, September 3 - 5, SW 2"d, SW 3'ti, SW 4" and SW 5" Avenues between North and South Park Streets, 7:00 a.m. to 4:30 p.m. 2. Freshwater Festival, November 19 - 20, SW 2"d, SW 3`d and SW 4t" Avenues between North and South Park Streets, 6:00 a.m. to 9:00 p.m. 3. His Story, December 5 - 9,SW 6" Avenue between North and South Park Streets, 3:00 p.m. to 11:00 p.m. 4. Christmas Parade, December 10, SW 2"d, SW V and SW -C Avenues between North and South Park Streets, 6:00 a.m. to 8:00 p.m. 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 purposed 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. EXHIBIT MARCH 15, 2005 e,a,5 RACUnDANnt1M TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk SUBJECT: Ordinance No. 881/Future Land Use Map Amendmen No. 05-001-SSA DATE: February 23, 2004 This is the final public hearing for proposed Ordinance No. 881 regarding Comprehensive Plan Future Land Use Map Amendment No. 05-001-SSA submitted by Rob Willson on behalf of the property owner, CR Investments of Okeechobee. The request is to change the land use designation on Lots 14-16 of Block 19, CITY OF OKEECHOBEE from Single Family to Multi -Family. The amendment would make both the zoning and land use maps consistent since the current zoning is Residential Multiple -Family. The property is located at the corner of Northwest 3`d Avenue and 121' Street. • All fee's have been paid ($500.00). • The ordinance was advertised in the Okeechobee NEWS on February 18. • The Planning Staff found the application to be consis ent with the Comprehensive Plan has recommended pproval. The Land Plan iing Agency discussed the application at the February 22, 2005 meeting and ar recommending approval. • Due to this being a small scale (less than 10 acres) amendment, it is not required to mail notices to the surrounding property owners, nor post a sign on the property. Please do not hesitate to contact me should you requii regarding this application. Thank you. any additional information • • ORDINANCE NO. 881 AN ORDINANCE OF THE CITY OF OKEECHOBEE, F THE CITY OF OKEECHOBEE COMPREHENSIVE NO.635 AS AMENDED, BY REVISING THE FUTURE A CERTAIN TRACT OF LAND MORE PARTICUI HEREIN FROM SINGLE FAMILY TO MULTI-FAMIL INCLUSION OF ORDINANCE AND REVISED FUTUF THE COMPREHENSIVE PLAN; PROVIDING FOR AI WHEREAS, the City Council of the City of Okeechobee orderly growth and development; and :LORIDAAMENDING PLAN, ORDINANCE : LAND USE MAP ON -ARLY DESCRIBED Y; PROVIDING FOR ;E LAND USE MAP IN V EFFECTIVE DATE. nizes the need to plan for WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensiveplans; and WHEREAS, the City has received and reviewed certain application(s), No. 05-001-SSA 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; an WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the reqL irements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future lar d uses within the City; NOW, THEREFORE, it is ordained before the City Council 1 Florida; presented at a duly advertised public meeting; of the City Council; and properly executed by the M Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Development Activities Comprehensive Plan Amer 163.3187, and shall be effective within the City limits Florida. SECTION 2. AUTHORITY. r the City of Okeechobee, nd passed by majority vote yor or designee, as Chief Okeechobee Small Scale dment," pursuant to F.S. :)f the City of Okeechobee, This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately .0517 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 05-001-SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: Lots 14, 15, and 16 of Block 19, CITY according to the plat thereof recorded 5, Public Records of Okeechobee Coi F OKEECHOBEE, Plat Book 5, Page ty, 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 Ok echobee, Florida and it is hereby provided, that the provision of the Ordinance, ani I the revisions to the Future Land Use Map more particularly described as "Futur Land Use: 2000 City of Okeechobee, March 19, 1991, as amended Dece ber 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechob a 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. 81 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on this 1' day of March, 2005. James E. Kirk Mayor ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after first reading on this 1$' day of March, 2005. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney James E. Kirk Mayor Page 2 of 2 BOUNDARY SURVEY LOCATED IN SECTICN 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA DESCRIPTION Lot_ 14, 1 and 1 Block 19, OKEECHOEEE, acc-rcing tc the pic` thereof recorded in Plc- Eock 7, Page Public Records of Oke_cncbee County, Fier;dc. SUNOTES • bRVEYORS Sict to easements and restrictions of record. Leres described hereon not abstracted by this office. Uncerground utilities and foundations are not shown. The cescripticn shown hereon was provided by the cheat and/or his/her agent. Not vclic witreut the signature and the ericinei raised sec' of c Florida licensed surveyor and mapper. he s-r✓eyor aid nct interview adjoining and owners for _-regorge-- deeds or easements. Eievctions, if cry, cre based upon assumed datum. Lcrc- shown :.-.erecn are in Flood Zone C, cs scaled from .- ARM z_ne! no. 11201 7/7 02006, dated 2-4-81 . Acc =-s: NW 12TH STREET, OKEECHOBEE, FL. SURVEYORS CERTIFICATE he-eby cerify that the attached sketch of survey pr u ptiLy Is true one correct to ;. e best of my knowledge and belief as surveyed in t, e field under my direct supervision. Subject to the cualificctions noted hereon. Jame- R. Aln-cnd, PSM Prc`essional Surveycr—Mapper Ficr cc Regist-cticn No. LS5081 Drc %cn By: Li C. JAMES R. ALMC CERTIFIED TO ONLY THE FOLLOWING PARTIES: CR INVESTMENTS OF OKEECHOBEE I D, PSM 2973 SW 3RD TERRACE OKEECHOBEE, FLORIDA 34974-2684 TEL: (863) 467-5700 FAX: (863) 467-6121 EMAIL: almond®okeechobee.com SCALE: FLDSK/PAGE LREVISIONS _�• 11J/7s PROJECT Nc. SHEET Cf MAP OF BOUNDARY SURVEY l- O C c s ui 35_00_ W I I FD 5/8- A iNO ID NUMBER Z I' W IG Q I< � Ir c Mn C I ZI 00 Clln c I� z III I R'W NW 1 2TH STREET _ 150.36 FORMERLY EIGHTE_I-1 STREET EDGE OF---NENT C O 150.06, L'I FENCE CORNER S89'56'51 "E 150.C6' DZE. D.A's 50.02' M SO.C2' CM o 50.00' P 50.=2' M FD 5/B- IR 50.00' P 50.�0' P NO ID NuueER 0.52 ACRES. 'OTAL :2 I a- L O .. x o 11 o Q: o 5LOCKI9 PLAT' �BOOKS PAGE 5 OKE-CHOBE- COUNTY I FLORIDA. I 35.00, _ t 50,00' P I 50.00' P _ 50.02' M 50.02' M Sig 59' 6't SE- s/B' :RC N89'S9'OS W 50.C6' M PE„ SQB, 1 5' ALLEY 150.00' P I i I I I I � I I -CT 17 i LOT 1� SURVEY DATE: DECEMBER 29, 2004 I INCH T-S BAR IS INTENOED TO MEASURE 1 !NCH LONG AT THE SCALE SHOWN. IF BAR MEASURES DIFFERENTLY ENLARGE OR REDUCE ACCORDINGLY. LC ;4 P 50.:2' M LC 19 :E` lD O O CHAINUNK WCE ENCE CORNER D.<'E. 2.2'N o— FD 1/2- IR NO ID NUMBER LOT 2C i PREPARED FOR: CR INVESTMENTS OF OKEECHOBEE I L- END M = MEASI,R ED JIME.NSICN D = DEED .!ME.NSON P PUT OiMENS10N .M = CCNCP.—" .MCNUME4- iR - IRON CD �RC - IRON ROD WRY. CAP NM WATER METER 'NV = WATER VALVE UP = Ui,U71 POLE SPRINT - SPRINT L ARC CENTRAL ANGLE R - RADIUS DISTANCE CH CHORD EF - SQUARE FEET GAL = GALLCN D - FOUND 09 = PUT vCCK = PAGE CRB = OFr••C:L .RECCRCS ='K RAD = RAOVL SIR - NOT RAiIAL • City of Okeechobee General Services Department 55 S.F. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: ,WA IQJ Petition No. 05 _ook- A Fee Paid: 9 Jurisdiction: _ + C, C 1st Hearing: UCj 2nd Hearing: /fi Publication Dates: i-I rrn fly .�I� ��yj" 0('� /I� 1 Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: ✓Small Scale Amendment (Under 10 Acres) _ Large Scale mendment (Over 10 Acres) ✓ Name of property owner(s): � e k6eer A Owner mailing address: b - "v u er e L y t_j P P Name of applicant(s) if other than owner (state relationship): L I C Applicant mailing address: A N Name of contact person (state relationship): I� • I�DIn 5or1 T Contact person daytime hone(s): - Fax: 3- JCJ Ltb_j ✓ Property address / directions to property: SE comer i 4 n� 1VW 12-'-' Parcel Identification Number: Size of the Property (in acres): a� �/ S�- , . Current Zoning Designation: 't P R Current Future Land Use Designation: �' 1 O Existing Use of the Property: P F Proposed Future Land Use Designation: R T Proposed Use of the Property: Y C-r x ry-, u l) u.•0 \ -f— x Description of Surrounding Properties: \3d. C Irf Legal Description of the Property (Lengthy Description May be Attached): Uniform Land Use Application (rev. 12/03) Page 1 of 2 • Required Attachments 11 14"20" Scale) �Applic ion fee (non-refundable) Survey of Property ( x , City Location Map Letter Outlining Request --� Notarized Letter of Owner's Authorization Confirmation of Information Accuracy he illfor I hereby certify that the iuforu1atioii in this aI�I�lict16oll srocessinglmy request.e�False or de�I in this application is for use by the City of Okeechobee i p information may be punishable by a fine of up application. s ao $500.00 and i prisom-11 of up to misleading 3 da d ma result in the summar, denial of this � W,-USf-I-j Date Printed Name. Slunature 11...... , n r 0 E Letter of Agent Authorization The undersigned sole owners of'CR Investments of Oke authorize D. Robert Willson to be the agent representing regard to a Land Use change application on three lots in of Okeechobee submitted to the City of Okeechobee. lri/ i D. Robert Willson Date � -24— o Carl Fen ero Date State of County of On this In day of before me personally appeared _ I r _ to me known to be the person who foregoing instru t,,,and acknowl executed the sXme Els free act e SEAL (signe'd) I Notary Public echobee, Inc. hereby the Company in Block 19 of the City �A�j6�i Teresa C. 5allette a 'Commission # DD092091 - teFeb. 13, 2006 :9 ,,���;;: Bonded Thru 11.0,' � Atlantic Bonding Co., Inc. htt.11'i Prepared by and.,return.lo ff i? 1; t tr_r,`i :2-2 F'tj i. el6el JOHN D. CASSELS,JR. SlIAGI II I UI;L:I I'iUIJr Cl I'RB, 01- rI1-:1,0:I CU[IRl Attorney at Law I I;LEr H[ ITI- CDUIl l'i r f L Cassels & McCall RLCIJrIiLG O'-,/r15/2u04 O2:26:G5 Ph G:L.(Qf P.IiOC.O. Box 968 400 NW Second Street Mi NG F[GB 6.00 IN-E:r,. Okeechobee, FL 34973 h:fCUl GEl7 11 lOSNOtI rlrnu3.d File No.: 1507 Parcel Idenlificalion No 3-15-37-35-0010-00190-0140 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SEC -I ION 689.02, F.S.) This Intlentur*e made this 5th day of February, 2004 Between YOLANDA S. HARRISON whose post office address is 704 SE 14th Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor', and CR INVESTMENTS OF OKEECHOBEE, INC., a Florida corporation whose post Dffice address is 410 SE 2nd Avenue, Okeechobee, FL 34974 of the County of Okeechobee, Slate of Florida, ianlee", Witnesseth that said grantor, for and in consideration of the surn of -1 EN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, t -wit: Lots 14, 15, & 16, Block 19, CITY OF OKEECHOBEE, according to the plat thei eof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Property does not constitute the homestead og the Grantor. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. "'Grantor" and "Grantee" are used for singular or plural, as context req ices. In Witness Wher-eof, grantor has hereunto set grantor's hand and seal the clay a Signed, sealed and delivered in o presence: i I SI�rII1��55 Sr nawre YOL NDA S. 1-JAI i Is, Wifnes PnntName 4) (J." 21 W r1 s-Si"llature�/ --- rt, r � , 1Ynn lLr --- 2nd Witnc ss-Print Name Slate of Florida County of Okeechobee The fore oin� instrument was,acknowled,ed byrye me this 51h day of I'cbruary, 2004 by (_] is personally known of (1-1 has produced as ids - --"�-- , LNolary Seal] N la y Public Kann Arint d Name: mmons P My Commission Lxp�—irc My Commission DD2118B8 w n^� Expires July 11, 2007 year first above written. \ 7 I SON 'OI_ANDA S. HARRISON, who uification. • • 1375 Jacks Str Suite 206 Fort Myers . Lori*3901-2845 Phone: 2 9-334-3366 Fax: 239-334-6384 Email: la ue-planning a att.net Staff Report — Small Scale Comprehensive Plan Amendment Prepared for: Applicant: From: The City of Okeec D. Robert Wilson Single Family to Petition No. 05-001-SSA Family 0 0 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: D. Robert Wilson Petition No. 05-001-R Applicant: D. Robert Wilson Applicant Address: 410 �SE 2" Avenue, Ckeechobee 34974 Applicant Phone Number: 863-763-0999 Owner: CR Investments of Okeechobee Owner Address: Same as Above Owner Phone Number: Same as Above (Suture Land tlse Classification Single family ---- ulti Family - Zoning District RMF Residential Same General I Use of Property _ Vacant _Multi -Family (duplex) AcrPaoe 0.517 9.517 Access I Location: SE Corner of NE 3"' Avenue and NW 12"' Street Legal Description: Lots 14, 15, and 16, Block 19, OKEECH BEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Oke chobee County, Florida The applicant is requesting an amendment to the City oc Okeechobee Future Land Use Map, previously adopted by Ordinance, from Single Fanlil to Multi Family to allow a higher density on the subject property. Based on the size of the property, the application qualifies under Chapter 163 of the Florida Statutes as a Small Scale Amendment to the Plan. North: Future Land Use Classification Zoning District: Existing Land Use: East: Future Land Use Classification Zoning District: Existing Land Use: South: Future Land Use Classification Zoning District: Existing Land Use: Single Fan lily RMF residence Single Family RMF residence Single RMF vacant wily 1 • 1 • Staff Report Applicant: D. Robert Wilson Small -Scale Comprehensive Plan Amendment Petition No. 05-001-R West: Future Land Use Classification: Multi Fami Zoning District: RMF Existing Land Use: vacant The property is within the RMF zoning district and is de ignated as Single Family on the Future Land Use Map. The applicant proposes to amend the Future Land Use Map to allow Multi -Family as a land use designation on i he property. This would provide consistency with the exiting zoning and the surrc ending land uses. The applicant intends to construct a duplex on the site. A. Consistency with the Land Use Categories and Plaln Policies. Based on the application, it would appear that the pro osed use (duplex) is consistent with Objective 2 and its corresponding pol cies in the Future Land Element. In addition, the proposed Multi -Family desi nation would create consistency with the RMF zoning district for this property. B. Concurrency of Adequate Public Facilities Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies f r a site plan review. C. Compatibility with Adjacent and Nearby Land Uses The change from Single Family to Multi Family will not create an incompatible use with the surrounding neighbohood. The subject property's close location to other property zoned for multi -family uses create compatibility with the exiting land uses. Also, the southwestern portion of this Block is in the Commercial Future Land category. D. Compliance with Specific Standards of the Plan. The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. The existing Comprehensive Plan goals, objectives, and olicies will support multi- family uses at this location. Staff recommends approvalof the applicant's request to amend the Future Land Use Map from Single Family to Multi Family as the request is consistent with the City of Okeechobee's Comprehensive Plan. Submitted by: .lames G. LaRue, AICP 17 February 2005 February 22, 2005 - Land Planning Agency - Page 2 of 7 AGENDA ACTION - DISCUSSION - VOTE IV. Minutes - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action • for the January 25, 2005 regular meeting, continued. V. New Business. A. Comprehensive Plan. Future Land Use Map Amendment Application No. 05- 001-SSA. Consider a recommendation to the City Council, to change the land use designation from Single -Family to Multi -Family. The subject property is located at the Southeast corner of NW 3rd Avenue and NW 12th Street. CR' Investments of Okeechobee is the property owner, D. Robert Willson is the applicant - City Planning Consultant. VOTE JONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MAVROIDES- YEA MAXWELL - YEA MCCOY - YEA MOTION CARRIED. Jock Robertson, representative of City Planning Consultant LaRue Planning and Management. briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The property is within the RMF zoning district and is designated as Single Family on the Future Land Use Map. The applicant proposes to amend the Future Land Use Map to allow Multi -Family as a land use designation on the property. This would provide consistency with the existing zoning and the surrounding land uses. The applicant intends to construct a duplex on the site. Planning Staff Report Comprehensive Plan Analysis: (A) Based on the application, it «ould appear that the proposed use (duplex) is consistent with Objective land its corresponding polici in the Future Land Element. In addition, the proposed Multi -Family designation would create consistency with the RMF zoning district for this property. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The change from Single Family to Multi Family will not create an incompatible use with the surrounding neighbohood. The subject property's close location to other property zoned for multi -family uses create compatibility with the exiting land uses. Also, the southwestern portion of this Block is in the Commercial Future Land category. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. IV. New Business, continued. A. B. AGENDA Comprehensive Plan. Future Land Use Map Amendment Application No. 05- 001-SSA, continued. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 002-SSA. Consider a recommendation to the City Council, to change the land located at the Southwest corner of NE 7`h Street and NE 3"' Avenue. David and Anita Nunez are the property owners and applicants - City Planning Consultant. February 22, 2005 - Land Planning Agency -Page 3 of 7 ACTION - DISCUSSION - VOTE Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan Uoals. objectives, and policies will support multi -family uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Multi Famil-, as the request is consistent with the City of Okeechobee's Comprehensive Plan. There was no discussion from the Agency, no public comments. Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan_ Future Land Use Map Amendment Application No. 05-001-SSA to change the land use designation from Single -Family to Multi -Family: seconded by Agency Member T. Keller. VOTE JONES - YEA T. KELLER - YEA K. KELLER -YEA LEDFERD - YEA MAVROIDES- YEA MA\WELL - YEA MCCOY - YEA MOTION CARRIED. • Jock Robertson. representative of City Planning Consultant LaRue Planning and Management. briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The applicants are the legal owners of the property and request an amendment to allow the property to be re -designated as commercial. The property is under contract for sale to the Big Lake Baptist Association. In a letter from the association, the pastor states that the office will serve as the headquarters of all the cooperating Southern Baptist Churches around Lake Okeechobee. The properties north of this Block are in the Industrial future land use category and some of Block 78 has recently been re -designated as commercial. • EXHIBIT 2 MARCH 15, 2005 F• LL �1pt5 MEMORANDUM To: Mayor and Council Members From: Lane Gamiotea, City Clerk A Subject: Ordinance No. 883/Rezoning No. 05-001-R Date: March 9, 2005 This is the final public hearing regarding Ordinance No. 883 to cons No. 05-001-R. The application was submitted by property owners, The request is to change the zoning on Lots 1-2 of Block 78, CITY RSF-1 to CPO The Future Land Use designation is Commercial. • All fee's have been paid. • The ordinance was advertised in the Okeechobee News on Mari • The Planning Board voted unanimously to recommend approval • Planning Staff is recommending approval The General Services Department mailed twenty-four courtesy I owners. With no response to date. • The property was posted with a sign advertising the request of th the Planning Board and City Council public hearings. There is a sale pending for the property so that it may develop for Association. Please do not hesitate to contact me should you require any application. Thank you. approving Rezoning Application rid and Anita Nunez. OKEECHOBEE Subdivision from 14. February 22 Meeting). otices to the surrounding property rezoning, dates and times of both office building for Big Lake Baptist information regarding this • • ORDINANCE NO. 883 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FL THE OFFICIAL ZONING MAP OF OKEECHOBEE CERTAIN TRACT OF LAND MORE PARTICULp HEREIN, FROM RESIDENTIAL SINGLE FAMILY DISTRICT TO COMMERCIAL PROFESSIONAL OFFI DISTRICT, AMENDING THE ZONING MAP ACCORDI FOR CONFLICTS, SEVERABILITY AND AN EFFECT Whereas, the City Council of the City of Okeechobee, F Number: 402 in which a revised Official Zoning Map Whereas, the owner of the property more particularly describ, filed a petition (Petition No. 05-001-R) pursuant Regulations of the City of Okeechobee for the purpos of land consisting of 0.321 acre(s) from Residential Zoning District to Commercial Professional Office (CPC request be removed from the boundaries of the above the processing of the rezoning application; and :)RIDAAMENDING BY REZONING A RLY DESCRIBED (RSF-1) ZONING CE (CPO) ZONING NGLY, PROVIDING IVE DATE. i has adopted Ordinance adopted for said City; and 1 hereafter, has heretofore the Land Development of rezoning a certain tract ingle Family -One (RSF-1) Zoning District and that this nentioned zone to allow for Whereas, the City Council finds such rezoning consistent wi h the City's Comprehensive Plan and deems it in the best interest of the inhabi ants of said City to amend aforesaid revised Zoning Map as hereinafter set forth Now Therefore, be it ordained by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: Section 1. Legal Description. The following described land, located in the City of Okeechobee, to -wit: Lots 1 and 2 of Block 78, CITY OF OKEEC OBEE, according to the plat recorded in Plat Book5, Page , public records of Okeechobee County, Florida. Section 2. Zoning Map Amendment. That the aforesaid Revised Zoning Map of the City of reflect the subject property zoning classification to I Singe Family -One (RSF-1) Zoning District to Commen Zoning District. Section 3. Conflict. All ordinances or parts of ordinances in conflict he Section 4. Severability. Okeechobee be amended to ►e changed from Residential :ial Professional Office (CPO) h are hereby repealed. 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 5. Effective Date. Page 1 of 2 • This Ordinance shall take effect immediately upon its INTRODUCED for first reading and set for final public 2005. ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second and Final Public 2005. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Page 2 of 2 ssage. on this 1st day of March, James E. Kirk Mayor firing this 15! day of March, James E. Kirk Mayor 11 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 (863) 763-3372, ext. 218 Phone�(863) Fax: 763-1686 Date: t uq_�5 Petition No. �}� co I - P� Fee Paid: 00 Jurisdiction; t �? Ist Hearing: I QJ + 2nd Hearing: 3 1 1,-? I oc-- (? Publication Dates: I 21 y �1 i Notices Mailed: Uniform. Land Use Application R P7Ann • C.,nn:ol Ti .. ..+: � �7.. ✓ Name of property owner(s): � _1,),4 V/. 4l11 ff .Z - j r91sc1� 2 116c Al f_, A Owner mailing address: -J2Gl �''� J , ; . �, . 41- of applicant(s) if other than owner (state relationship): Applicant mailing address: Name of contact person (state relationship):? JhName SLRContact person daytime phones : 446 7 — e // Fa ✓ Property address / directions to property: /l(_-YJ!/,�/ Indicate current use of property: ►'�� r�-yt� — Describe improvements on property, including number/type of dwellings and whetheroccupied (if none, so state): z Approximate number of acres: , Is roe m a Tatted subdivision? ! 1 iC/ property rty P i ,{ fli�tic% r / Is there a current or recent use of the property that is/was a violation of county ordin ce? If so, describe: u P R /V „O O Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, P nature and applicant's name: Ali,) E R Is a sale subject to this application being granted? c T Y Is the subject parcel your total holdings at that location? If not, describe the remainingor intended uses: �J Describe adjoining land uses / improvements to the North: df7v»1.z� 1 South: S I'j� East: SNv Wes Existing zoning: i. -1 j 1_ I Future Land Use classification: S Actions Requested: L✓) Rezone Special Exception () Varizu Parcel Identification Number: j --j - �' j - j - �7O/�. - Cl�`7,�(T� -1 17, Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included n this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 d imprisonment of up to 30 days and may result in the summary denial of this application. Si a Printed Name D to Uniform Land Use Application (rev. I/03) Page l of 2 Current zoning classification: SV _ Requested zoning classification R E What is your desired permitted use under the proposed classification: , O N If granted, will the new zone be contiguous with a like z ne? Ua Special Exception necessary for your intended use?,, ariance? Describe the Special Exception sought: S P E. C � / Provide specific LDR ordinance citation: % I A ,. L Are there other similar uses in the area? Is so, describe' E. X: C E Why would granting your request.be" in the best interest of the area and residents? P, T [If business, briefly describe nature including number of employees, hours, noise g neration and activities to be N nducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N. C Did you cause or contribute a characteristic? Is so, describe: E - What is the minimum variance necessary? T) ,-, 7 of 7 January 20, 2005 David & Anita Nunez, Jr. 2085 S.E. 4 th. Street Okeechobee, Fl 34974 863-467-0611 Statement of Interest The Applicants are the legal owners of record of the City of Okeechobee Lots 1 & 2 Block 78 according to Plat Book 5, Page 5, public records of Okeechobee Cc I Da�iTNunez, Jr. described as: plat recorded in �, Florida. Anita S. Nunez E First coptist Church QF �keechoVec N Randy Fluckabee. Th.D.. Pastor/Teacher tamer Garner Pastor of DUciplerhip David Flarrit Pastor of Wouhip tarry Woodward Pastor of Senior ndulti Cindy Maynard Director of Recreation nliniitry Glenda llardaker Director of Children'i ministry 401 S. W. fourth Street Okeechobee. ft 34974 (863) 763-2 17 1 sax (863) 763-8904 e-mails ibeokee@eorthlink.net January 21, 2005 Dear Sirs, I would like to request on behalf of Big Lake Baptist Association that the property on the attached application be rezoned for Light Commercial Use. It is the desire of the Big Lake Associa- tion to purchase this property and construct a 1600 + square foot office building for our Director of issions and a secretary. The office will serve as the headquarti Southern Baptist Churches around La traffic will vary but will average less th randomly visiting the office per day. T sated in Clewiston but it is the desire ( sate to Okeechobee due to growth prc greater portion of the population will rE lake. rs of all the cooperating e Okeechobee. Daily n three to five vehicles ie office is currently lo- ` the Association to relo- ections indicating a ¢ide on this end of the The activities of the Association will be planned from this site. Resources will be made available for various churches to pick up and use for their own ministry (Resource Library). Committees will periodically meet with he Director of Missions during the day as well as early evening . It's main purpose is to serve as an administrative office for lIhe Baptist Association. Thanks for your assistance. -Too— /,�ZO, o n This Document Prepared By and Rctnrn to: ( 1, CONELY & CONELY, P.A. TOM W. CONELY, III 401 N.W. 6TH STREET P.O. DRAWER 1367 OKEECHOBEE, FL FL OKEECHOBEE, 34973-1367 V�I ParcellDNllmher: 3-15-37-35-0010-00780-0010 Grantee #I TIN: Grantee 112 TIN: Warranty Deed This hulenture, Madetlds 16th dayof April , 2004 A.D., Between ROBERT C. PARKER, SR. and JOANNA PARKER, his wife of the county of Okeechobee , State of Florida , grantors, and DAVID NUNEZ, JR. and ANITA S. NUNEZ, his wife whose address is: 2085 S.E. 4th Street, Okeechobee, FL 34974 of the County of Okeechobee , State of Florida grantees. Witnesseth that the GRANTORS, for and in consideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEES, the receipt wh reof is hereby acknowledged, have granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and assigns forever, Ile following described land, situate, lying and being in the Countyof Okeechobee Stale of Florida to wit: Lots 1 and 2, Block 78, OKEECHOBEE, according to the Flat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2003. and the grantors do hereby folly warrant the title to said land, and will defend the same against lawful c aims of all persons whomsoever. In Witness Whereof, the grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in our presence: EVA MAE CONELY (Seal) OBERT C. PARKER, SR. Witness P. ddress: 209 N.E. Wh Str t, Oke )bee, FL 34972 TO C NE PARKER III (Seal) A i tness p . Address: 209 N.E. 6th Street, Okeechobee, F1, 34972 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 16th day of April 2004 b ROBERT C. PARKER, SR. and JOANNA PARKER, his wife y who are personallyknown -- My Conmlission Eapires: 12 / 1.2 / 4 IINI':Z PAPKIM tome or whohaveproduced their Florida driverIslicense as id• titcal e EVAMAE CONNELY MV COMMISSION q GC 96(1503 EVA MAE %= lk„ft•u•' CONELY FXPIRES: December12,21Od Notary Public a-Nd lhiu Notary Kbk Wd.,W,ft �e F1DO ACPHNLT — + e,` 1MM G1R 1 180'A/X-ASRALT EDGE AGPFALT ABF/� WE WEST IA1.1E01 541 W11, P) _ _ _ _ — — — — — ABF./C7P HEST IOL 00'(F,P) ABF ./ L7D 7OVlC, P1 — SOL 00'(L PI ./Cap No. 6178 No. 517E ND. a276 W 3D 0 fi0 SCALE : AS Earl _ TYPICAL LLGCD [*OE APPLICW-SEi WAXING) (wj� � � r y' LOT 3 '6' L.OT 2 LOT 1 VACArrT VACArrr VACarTT it PRNiEWLA1ENT REFE3E'CE PCPPEWUIENi CNF-emny L POIM CCMMM W34M NT FDAO CNS-COIKTEtE IWNNFWT SET yV t\ I I D Z. 8 g FM--AEB W SE°ET /Cia Me.5011 PC -PDINT-ONISIVATAEPT -POINT-OF- MICKY °PPC aiMrt alm��E t\ _ I Y W Q ✓`+ LLj = 20 MISY V O ABF ./Cap ND. 5178 589.59' 30' X f00. 00' (F. PI ABF ./CAD 8i RBF ./Cap No. 517E No. 5178 F' 589.59'30' X 100.00'(F, PI �— — mG wALLG ABF ./CM !LC>F� d 57. 1' ND. 6178 EICDACHES 1.9, ll. Gi7P n i. 0' V J ` b Qj Y U Q PCC-POIM-0FCOI+bICmu PCB-POIM-IF-mlimIR PM_PINE WIND -M-p L MI SFrO - SG U YAt� XAKAtENEXT OISi. DOT-0SID-0EPARATETIERTROAD OFF DTNA DIPMItAiIWf UT"11E0 TBFPIIWE SSNVlM FTt-nDRIDA PRIER / LIpM ca (F)f IFLD ucaans IP1-A!PER PUT M DEED 4/T-OPT C TANK M)-KAWW FIT -CDpR LNO.; PP -POIEA POLE CIIPCdW1uC NO. PIPE MOP OF 8u[ RCP-K16.CWG PI PE C1 -CATCK BASIN —d-- IINEWG LINE w -RATER XETER —� FENCE LINE OI �IEEABPOA® ! d J � FENCE Ends: On Line J �. � � I O QRVL'YQt fGTCC A In LL .. :a a mar LL u.r Imo, y ,_ I . W IMG PRIUCT 0. I'E '� Ill' 2B 2' - CM INLIN(D6'X. —' "' 'to- �. Iit' CHAINLINI! FC: 0. 6'X. ii b LOT 10 LOT i 1 n LOT 12 RECIDE MCE r S O < I RBIF F ./Ca0 1. Besrinp�s along S. nirtict +strain' DUE IIEBi along SR/N KE7tII Strait' 2 This survey 11 based an Inforsatlon tmeri&ONt and as Nardi .41 "its ovldd by the fPatIc reports DT tills off In to verify Or eny arw�a, dal+.ata,r rlpht�f 3. No .I tl Dle ar unGrprornt Iaprmexnt hn been, loutet unpt a1 amwl. /. This surrey 1S net calla WWI: the allnatXe .nd trw rl7Ina)�:r� rNad dal of +Florida Litated Surveyor and Mbar. 6. Accordlnp to FIRM Nte listed 21wigai g n y "8+ I ' m •- n s;e., g '� NB9.59.30•E 410.05'(F) A40'(P) RBF ./Cep RBF .)Cap No. SIM No. 517E In Not Included Area of CIh Li site, Fiord ions C, par nc Wt. County Pl mnl no . Ioning Ospertiont. W AGPHALT rl 6TH GT�T 70'R/X - ASPHALT S. Property Address t. 2W K E fill StnK. Oawenobeo, FL 7. There sty ea additional restrictions Mat we not recorded on this survey W & W eocw_ AGAFf T that day be found in the Public Records. =d \n g.- I GLRyffy OP. — — — — — — — — — — ( — — — — according to the plot thereof a t..M- LOTS 1,2 t1 G fL BLOCC 10 fIEhe Pub] end In Plat Boer L Peya 10 of RNIIc _ Florida. A¢erde or OXaecnoen Canty, Fl I I I I ry P i 0 1375 Jackcl Str�Suite 206 Fort Myer, _ iori 3901-2845 Staff Report Rezoning Req Phone: 234-334-3366 Fax: 239-334-6384 Email: larOe-planning(& att.net Applicant: David and Anita Nunez From: RSF-1 To: CPO Commercial Professional Office Petition No. 05-001 R 0 Staff Report Rezoning Request nt: David & Anita Nunez Petition No. 05-001-R Applicant: David and Anita N Linez Applicant Address: 2085 SE 4" Street, 34974 Okeechobee, FL Applicant Phone Number: 863-467-0611 Future Land Use Classification Single Family Commercial Zoning District RSF 1 CPO Use of Property Vacant Church Office Acreage 0.321 0.321 Access NE 3 Id Avenue & 7` Street Location: N. Highway 441, East on NE 7`h Street to �rd Ave. NE Corner Legal Description: 3-15-37-35-0010-00780-0010 Lots l and 2, Block 78, OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The applicant is requesting to rezone a parcel of land from SF-1 to CPO Commercial Professional Office. The applicant would like to sell the pro erty to a church which will utilize the property as an office. A future land use change fi rn Single Family to Commercial has preceded the rezoning request. The applicant is proposii g to build a professional office building. The uses for CPO are set out below: See.90-221. Generally. (a) Commercial professional and office (CPO) zoning districts shall be permitted only on land designated as future land use category commercial in the comprehensive plan. (b) Uses in commercial professional and office (CPO) Zoning Districts shall be subject to the regulations of this division. Sec. 90-222. Permitted uses. Subject to the limitations that i storage of merchandise, and no manufacture or mechanical rE and no trucks larger than three-quarters ton capacity shall be uses and structures are permitted in the CPO district: (1) Professional office, business office, medical office. (2) Funeral home. retail sales, or display or iir work shall be permitted, -d, the following principal Staff Report Rezoning Request Sec. 90-223. Special exception uses. The following uses CPO district after issuance of a special exception use peti conditions imposed at the time of approval: (1) Day care center. (2) Barbershop, beauty shop. (3) Cafe. (4) Business school. (5) Private club. (6) House of worship (7) Public facility and use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height Applicant: David & Anita Nunez Petition No. 05-001-R structures are permitted in the and may have additional North: Future Land Use Classification: Industria Zoning District: Industria Existing Land Use: Auto Re air S East: I Future Land Use Classification: Single Family Zoning District: Residential Single Family 1 Existing Land Use: Vacant South: Future Land Use Classification: Single Family Zoning District: Residential Single Family 1 Existing Land Use: _ West: Future Land Use Classification: Single Family Zoning District: Residential Single Family 1 Existing Land Use: Trailer Park The subject property is currently zoned Residential Single Family (RSF-1) and a Future Land Use category change to Commercial is pending fort is property. The applicant is requesting a rezoning from RSF-1 to CPO Commercial Professional Office. The applicant is proposing to sell the property to a church for use as an office building. I. The proposed zoning is not contrary to Comprehensive Pi No, the proposed zoning is not contrary to Comprehensive requirements. Plan requirements. 2 • Staff Report Rezoning Request 2. The proposed use being applied for is specifically the Land Development Regulations. Yes, the use as a church office is specifically autho 3. The proposed use will not have an adverse effect on the No, the proposed zoning and use will not have an ad 4. The use is appropriale for the location proposed is re, land uses, and is not contrary or detrimental to urbaniz ppiicant: David & Anita Nunez Petition No. 05-001-R ized under the zoning district in under the CPO Zoning District. is interest. effect on the public interest. iably compatible with adjacent land use patterns. The use as a church office, or otlier CPO uses, is appro riate for this location. 'phis zoning is compatible with adjacent land uses. The proposed us is not contrary or detrimental to urbanizing land use patterns on this block. 5. The proposed use will not adversely affect property vrues or living conditions, or be a deterrent to the improvernent or development of adjacen property. No, the proposed zoning and use will not adversely affect property values or living conditnions. 6. The proposed use can be suitably buffered ftorn sur. impact of any nuisance or hazard to the neighborhood Yes, the proposed use can be buffered form surrounding 7. The proposed use will not create a density pattern that such as schools, streets, and utility services. No, the proposed use will not create a density facilities. No density is involved. uses, so as to reduce the if necessary. uld overburden public facilities that would overburden public 8. The proposed use will not create h,crffic congestion, flooding or drainage problems, or otherwise affect public sq/ety. At the site plan review stage, the impact on traffic, fl discussed. At this time, however, it does not appear negatively impact public facilities. 9. The proposed use has not been inordinately burdened by No, the proposed use has not been inordinately burdened ig or drainage problems will be the proposed CPO zoning will restrictions. unnecessary restrictions. 3 Staff Report Rezoning Request Applicant: David & Anita Nunez Petition No. 05-001-R 10. The proposed change ivill not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed use will not constitute a grant of Special privileges to an individual owner as contrasted with the public welfare. The proposed zoning would be consistent with the City' Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Staff recommends approval of the request to allow re2 Professional Office permitting the applicant to use the .Submitted by: James G. LaRue, AICP Planning Consultant 17 February 2005 ling from RSF-1 to Commercial operty as a church office. 4 AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 05-001-R. Consider a recommendation to the City . Council to rezone the property located at the Southwest corner of NE 7th Street and NE 3rd Avenue from Residential Single Family - One (RSF-1) to Light Commercial (CLT). David and Anita Nunez are the property owners and applicants - Exhibit 1. LJ February 22, 2005 -Planning Board - Page 2 of 3 ACTION - DISCUSSION - VOTE Jock Robertson, representative for City Planning Consultant LaRue Planning and Management, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property is currently zoned Residential Single Family (RSF-1) and a Future Land Use category change to Commercial is pending for this property. The applicant is requesting a rezoning from RSF-1 to CPO Commercial Professional Office. The applicant is proposing to sell the property to a church for use as an office building. Planning Staff Report Analysis: (1) The proposed zoning is not contrary to Comprehensive Plan requirements. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the use as a church office is specifically authorized under the CPO Zoning District. (3) The proposed use will not have an adverse effect on the public interest. (4) The use as a church office, or other CPO uses, is appropriate for this location. This zoning is compatible with adjacent land uses. The proposed use is not contrary or detrimental to urbanizing land use patterns on this block. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No density is involved. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. At the site plan review stage, the impact on traffic, flooding or drainage problems will be discussed. At this time, however, it does not appear that the proposed CPO zoning will negatively impact public facilities. (9) The_pr pose, use has not been inordinately ur ene y unnecessary restrictions. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Planning Staff Report Summary and Conclusion prior to Certification: The proposed zoning would be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF-1 to Commercial Professional Office permitting the applicant to use the property as a church office. February 22, 2005 - Planning Board - Page 3 of 3 AGENDA IF ACTION -DISCUSSION - VOTE IV. NEW BUSINESS. I A. Rezoning Petition No. 05-001-R, continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE :NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ATTEST: Katrina Cook, Secretary Tom Murphy, representative of the applicants, explained that the applicants did not object to the change from Light Commercial (CLT) to Commercial Professional Office (CPO). There was no discussion from the Board, nor any public comments. Board Member Mavroides motioned to recommend to City Council to approve Rezoning Petition 05-001-R, changing the zoning from Residential Single Family - One (RSF-1) to Commercial Professional Office (CPO); seconded by Board Member T. Keller. VOTE JONES-YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY-YEA MAXWELL - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7: p.m. i e Vised ORDINANCE NO. 885 AN ORDINANCE OF THE CITY OF OKEECHOBEE, F ORIDA AMENDING ORDINANCE NO. 716, CODE OF ORDINANCES, PARTICULARLY CHAPTER 90, ARTICLE TWO THEREOF, DEVELOPMENT OF NOW CONFORMING LOT, AS SET OUT IN SECTION 90-35 THEREOF; AMENDING SAID SECTION TO PERMIT CERTAIN ON -CONFORMING USES WITHIN RESIDENTIAL ZONING CATEGORIE , PROVIDING FOR CONFLICTS, REPEALING ALL SECTIONS INCONSISTENT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. (r�: x;, 10 1 � 3� WHEREAS, the City of Okeechobee, Florida has historically contained certain land use and zoning categories whose uses are not consistent with enacted land development regulations; and WHEREAS, the business/commercial district is characterized by non -conforming uses that the City has endeavored to correct through enactment of regulations to requirement conformance with codes upon sale or transfer of the real property; and has included residential categories within the same regulation; and WHEREAS, the intent of the original ordinances is to gradually obtain conforming uses within all zoning districts, but the areas of greatest concern are commercial and industrial areas, as inconsistencies in residential categories does not pose the same level of aesthetic harm to the City as a whole; and WHEREAS, the City Council and Staff are concerned that requiring all residentially zoned areas to immediately come into compliance with land use and zoning codes upon sale or transfer places an undue burden on home ow iers, and restricts the ability for prospective homeowners to obtain financing in an area of non -conforming use, and can be addressed adequately by other or additio al land use regulations; NOW, THEREFORE, IT IS ORDAINED before the City Counc Florida; presented at a duly advertised public meet discussion, and passed by majority vote of the City Cc by the Mayor or designee, as Chief president Office adopts the following amendments to Chapter 90, Regulations: SECTION 1. THAT ARTICLE II NONCONFC Regulations, shall be amended in the following re Sec. 90-35. Change or transfer of nonconfo it forthe City of Okeechobee, ing, deliberation and public uncil; and properly executed for the City; approves and of the Land Development ITIES, Land Development ing uses or structure. (a) Change. A nonconforming use or structure may be changed to a conforming uses or structure for the district in which it is located. Once changed to a conforming use or structure, no building, structure or land use shall be permitted to revert to a nonconforming use. (b) Transfer of nonconforming Language to be added is underlined Language to be deleted is struck hrough use ot- struetttm. In the event Page 1 of 3 U SECTION 2. All c repe SECTION 3. If ar com remc and Language to be add Language to be dek • the underlying lands on which exists a nonconforming use in a commercial commercial business distric commercial professional office or industrial zoning category withir the City is sold, assigned, title holder of said lands, or in any manner transferred from the record as such ownership is reflected in the recc rds of the Clerk of Court or Property Appraiser for Okeechobee County, such nonconforming use shall cease, and not be permitted to like ise be transferred, and the nonconforming use shall extinguish_ , Any such future use of said lands subsequent to transfer shall be in compliance with all current City Codes, and land use regulations Qua on thV- distriet regulations applicable to such zoning or land use designation. Excluded from this prohibition is the transfer of professional association or ownership of said lands to a corporation, limited liability company recognized under Florida law whose ma'orit stockholder is the same person as the previous record owner. Transfer of a nonconforming residen ial use. In the event the nonconforming use in a underlying lands on which exists a residentially zoned cate o within the cit str�e is sold, assigned, title holder of said lands, or in any manner transferred from the record as such ownership is reflected in the records of the Clerk of Court or Property Appraiser for Okeechobee Cou ity, such nonconforming use straetare may continue thereafter in such use so long as such use is residential in nature. However, such no iconforming residential use shall not thereafter be expanded, enlarg ad or increase in intensity of use so long as the use remains non -conforming under City Codes. Additional) such non -conforming residential use shall not be permitted to continue if the structure do s not conform to fire safety code: health codes-, standard building c)des; or fails to complY with Florida Statutes Chapter 381 re ardin mic irant housing - Transfer of a nonconforming structure. In the event the underlying land on which exists a nonconforming structure is sold, assigned The transfer, or in any manner transferred f om the record title holder of said lands, as such ownership if reflected in the records of the Clerk of Court and Property Appraiser for Okeechobee County, such nonconforming structure may continue in the new owner, so long aE the land is not a nonconforming use, and the nonconforming structure is not expanded or repaired except as authorized in these regulations The transfer of such nonconforming structure is further subject to the requirement that the new owner must comply, to the exten- reasonable possible, considering thenature and configuration of the structure, with all current codes, land use and zoning requirements o the district regulations applicable to the structure. CONFLICT. >rdinances or parts of ordinances in conflict herewith are hereb,. aled. SEVERABILITY. iy provision or portion of this ordinanceE is declared by any court c petent jurisdiction to be void, unconstitut onal, unenforceable, then a 3ining provisions and portions of this ordir ance shall remain in full fora effect. ed is underlined Page 2 of :ted is struck through 0 0 SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately INTRODUCED for first reading and set for final public heari 2005. ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second and Final Public H 2005. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Language to be added is underlined Language to be deleted is struek through its passage. on this 1" day of March, James E. Kirk Mayor this 151h day of March, James E. Kirk Mayor Page 3 of 3 . EXHIBIT 3 MARCH 15, 2005 ORDINANCE NO. 885 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, CODE OF ORDINANCES PARTICULARLY CHAPTER 90, ARTICLE TWO THEREOF, DEVELOPMENT OF NOW CONFORMING LOT, AS NOUT IN SECTION 90-35 THEREOF; AMENDING SAID SECTIO O PERMIT CERTAIN N N-CON FORMNG AL ZONING CATEGORIES, DING USES WITHIN RESIDENTIALL SECTIONS INCONSI TENT HIO CONFLICTS, REPEALING HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has historically contained certain land use and zoning categories whose uses are not consistent with enacted land development regulations; and WHEREAS, the business/commercial district is characterized toy non -conforming uses that the City has endeavored to correct through enactment of regulations to requirement conformance with codes upon sale or transfer of the real property; and has included residential categories within the same regulation; and WHEREAS, the intent of the original ordinances is to gradually obtain conforming uses within all zoning districts, but the areas of greatest concern are commercial and industrial areas, as inconsistencies in residential categories does not pose the same level of aesthetic harm to the City as a whole; and WHEREAS, the City Council and Staff are concerned that rec uiring all residentially zoned areas to immediately come into compliance with land use and zoning codes upon sale or transfer places an undue burden on home owi iers, and restricts the ability for prospective homeowners to obtain financing in an area of non -conforming use, and can be addressed adequately by other or additio al land use regulations; NOW, THEREFORE, IT IS ORDAINED before the City Counc Florida; presented at a duly advertised public mee{ discussion, and passed by majority vote of the City Cc by the Maor or designee, as Chief president Office adopts the following amendments to Chapter 90, Regulations: SECTION 1. THAT ARTICLE II NONCON Regulations, shall be amended in the following Sec. 90-35. Change or transfer of (a) Change. A nonconforming use or sti conforming uses or structure for the Once changed to a conforming use or ; or land use shall be permitted to reve Language to be added is underlined Language to be deleted is st uelrthCough I for the City of Okeechobee, ng, deliberation and public incil; and properly executed for the City; approves and of the Land Development Land Development ing uses or structure. cture may be changed to a listrict in which it is located. ructure, no building, structure to a nonconforming use. Page 1 of 3 (b) Transfer of nonconforming commercial use of strvetaffl. In the event the underlying lands on which exists a nonconforming use in a office or industrial zoning category within or in any manner transferred from the reco as such ownership is reflected in the reco Property Appraiser for Okeechobee Count shall cease, and not be permitted to like% nonconforming use shall extinguish_ ;arm lands subsequent to transfer shall be in 1 City Codes, and land use and-zonft re1 dish iet regulations applicable to such zoni u Transfer or a non c )nwitintig underlying lands on which exists a residentially zoned category within the ci or in any manner transferred from the rei as such ownership is reflected in the rei Property Appraiser for Okeechobee Cou stnuetufe may continue thereafter in suc IM Transfer of a nonconfonnin4 structure. land son which exists a nonconforming st transfer, or in any manner transferred fi said lands, as such ownership if reflecte of Court and Property Appraiser for nonconforming structure may continue i the land is not a nonconforming use, and is not expanded or repaired except as au The transfer of such nonconforming stru requirement that the new owner m reasonable possible, considering the na structure, with all current codes, land use the district regulations applicable to the SECTION 2. CONFLICT. All ordinances or parts of ordinances in repealed. SECTION 3. SEVERABILITY. If any provision or portion of this ordin. competent jurisdiction to be void, uncon remaining provisions and portions of this and effect. Language to be added is underlined Language to be deleted is atwelrt eiough he City is sold, assigned, i title holder of said lands, is of the Clerk of Court or , such nonconforming use ae be transferred, and the kny such future use of said :)moliance with all current use designation. In the event the nonconforming use in a structure is sold, assigned, )rd title holder of said lands, ►rds of the Clerk of Court or ty, such nonconforming use In the event the underlying -ucture is sold, assigned The om the record title holder of d in the records of the Clerk Dkeechobee County, such i the new owner, so long as the nonconforming structure :horized in these regulations. cture is further subject to the ast comply, to the extent lure and configuration of the and zoning requirements of structure. ict herewith are hereby is declared by any court of nal, unenforceable, then all ince shall remain in full force Page 2 of 3 0 • SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately INTRODUCED for first reading and set for final public 2005. ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second and Final Public 2005. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Language to be added is underlined Language to be deleted is shuck !hough its passage. on this 1ff day of March, James E. Kirk Mayor this IS day of March, James E. Kim Mayor Page 3 of 3 • • EAW 4 1441WN�, BOOS ORDINANCE NO. 887 AN ORDINANCE OF THE CITY OF OKE AMENDING THE CITY OF OKEECHOB OKEECHOBEE UTILITY AUTHORITY EMI RETIREMENT SYSTEM, ADOPTED PURSL ORDINANCE NO. 828; AMENDING SEC DEFINITIONS, BY AMENDING THE DEFINE "RETIREMENT"; AMENDING SECTION 3, BC TRUSTEES; AMENDING SECTION 8, DI; AMENDING SECTION 10, OPTIONAL FOI BENEFITS; AMENDING SECTION 17, REP TERMINATION OF SYSTEM; AMENDING SEC EXEMPTION FROM EXECUTION, NON-ASSIGI AMENDING SECTION 23, MILITARY SERVICE F EMPLOYMENT; AMENDING SECTIC REEMPLOYMENT AFTER RETIREMENT; AN SECTION 27, PRIOR GOVERNMENT SERVICE; SECTION 28, DEFERRED RETIREMENT OPTIC PROVIDING FOR CODIFICATION; PROVIDII' SEVERABILITY OF PROVISIONS; REPEALII ORDINANCES IN CONFLICT HEREWITH AND PR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED before the City Okeechobee, Florida; presented at a duly advertised public m majority vote of the City Council; and properly executed by the May Presiding Officer for the City: SECTION 1: That the City of Okeechobee and Okf Employees' Retirement System, adopted pursuant to Ordin amended by amending Section 1, Definitions, by amending the to read as follows: Retirement means a Member's separation from City immediate receipt of benefits under the System or entry Option Plan. SECTION 2: That the City of Okeechobee and :E AND LOYEES' 4NT TO PION 1, 'ION OF ARD OF ABILITY; ;MS OF .AL OR PION 18, ABILITY; RIOR TO N 25, ENDING ADDING V PLAN; G FOR IG ALL )VIDING for the City of iting; and passed by or designee, as Chief Utility Authority No. 828, is hereby of "Retirement", ent with eligibility for Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by amending Section 3, Board of Trustees, subsection 1 follows: The sole and exclusive administration of and operation of the System and for making effective the provisions o hereby vested in a Board of Trustees. The Board is hereby des administrator. The Board shall consist of five (5) Trustees, one of wF resident of the City, who shall be appointed by the Okeechobee City shall be appointed by the Okeechobee Utility Authority Board, one of i id subsection 3, as Aity for the proper this ordinance are nated as the plan im, shall be a legal ouncil, one of who iom shall be a full- • ORDINANCE NO. 887 AN ORDINANCE OF THE CITY OF OKE AMENDING THE CITY OF OKEECHOE OKEECHOBEE UTILITY AUTHORITY EM RETIREMENT SYSTEM, ADOPTED PURSI ORDINANCE NO. 828; AMENDING SE( DEFINITIONS, BY AMENDING THE DEFINI "RETIREMENT"; AMENDING SECTION 3, B( TRUSTEES; AMENDING SECTION 8, DI AMENDING SECTION 10, OPTIONAL FO BENEFITS; AMENDING SECTION 17, REF TERMINATION OF SYSTEM; AMENDING SE( EXEMPTION FROM EXECUTION, NON-ASSIG AMENDING SECTION 23, MILITARY SERVICE I EMPLOYMENT; AMENDING SECTI, REEMPLOYMENT AFTER RETIREMENT; A SECTION 27, PRIOR GOVERNMENT SERVICE SECTION 28, DEFERRED RETIREMENT OPTI( PROVIDING FOR CODIFICATION; PROVIDI SEVERABILITY OF PROVISIONS; REPEAL ORDINANCES IN CONFLICT HEREWITH AND PF AN EFFECTIVE DATE. CHOBEE EE AND 'LOYEES' IANT TO TION 1, TION OF )ARD OF 3AB ILITY; RMS OF EAL OR TION 18, VABILITY; 'RIOR TO )N 25, AENDING ADDING )N PLAN; 4G FOR NG ALL OVIDING NOW, THEREFORE, BE IT ORDAINED before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public m eting; and passed by majority vote of the City Council; and properly executed by the Mayr or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee and Okeec obee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by amending, Section 1, Definitions, by amending the de inition of "Retirement", to read as follows: Retirement means a Member's separation from City employment with eligibility for immediate receipt of benefits under the System or entry into the.Deferred Retirement Option Plan. SECTION 2: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by amending Section 3, Board of Trustees, subsection 1 and subsection 3, as follows: 1. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this ordinance are 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 Okeec iobee, and one of whom shall be a full-time General Employee Member employed by Oke chobee Utility Authority. The fifth Trustee shall be chosen by a majority of the previous fur 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 or Okeechobee 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. DROP participants can be elected as and vote for elected Trustees. 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 contain d herein, the power to bring and defend lawsuits of every kind, nature, and description. 3. Each Trustee shall be entitled to one vote on the Board. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall have le -right -to abstain from voting as the result of a conflict of interest and shall comply with the provisions of Section 112.3143, Florida Statutes. SECTION 3: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by amending Section 8, Disability, subsection 3, Physical Examination Requirement, to read as follows: 3. Physical Examination Requirement. A Member shall not become eligible for disability benefills 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. he Board shall not 2 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 arid prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be required by the Board to submit swom statements of his condition accompanied by a physician's statement (provided at the Retiree's expense) tc 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 General Employee, the Board shall recomrr end to the City that the Retiree be retumed to performance of duty as a General Employee, and the Retiree so retumed 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-exarnination 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 phys cal examination, such as, but not limited to, transportation, meals and hotel accommodat ns, shall be bome by the Fund. If the Retiree recovers from disability and reenters the service of the City as a General Employee, his service shall will be deemed to have been continuous, artd but the period beginning with the first month for which Retiree received a disability retirement considered as Credited Service for the Purposes of this System. The Board shall have the power and authority to r regarding all disability claims. 3 the final decisions • • SECTION 4: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by amending Section 10, Optional Forms of Benefits, toadd subsection 1.D., and to amend subsection 7, as follows: 1. D. For any Member who does not participate in the DROP Pursuant to Section 28 a lump sum payment payable to the Retiree equal to twenpercent 20% of the present value of the Retiree's accrued benefit at the date of retirement with the r maining eighty ercent 80% payable to the Retiree in a form selected by the Retiree and provided for in A or B above or in the normal form 10 year certain and life). A Retiree who is a participant in t e Deferred Retirement Option Plan shall not be eligible to select this oartial lump sum option. 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 Mem er's Beneficiary in the event that the monthly benefit amount is less than one hundred dollars 100.00 or the total commuted value of the remaining monthly income payments to be paid do not exceed 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, bind ng and conclusive on all persons. SECTION 5: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended byamending Section 17, Repeal or Termination of System, subsection 2, to read as follows: 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer, merger or consolidation of government units services or functions as provided in Chapter 121 Florida Statutes, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirem grit 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 a ant of repeal, er-if discontinuanr 4 u flicryerorconsolidationofgovernment units se •i..es uriunct ing (100%) of benefits accrued to date of repeal and the aw allocated in an equitable manner to provide benefits on a persons so entitled in accordance with the provisions thereof. SECTION 6: That the City of Okeechobee and Ok Employees' Retirement System, adopted pursuant to Ordir amended by amending Section 18, Exemption from Execution, as follows: u 1 • Domestic Relations Orders A. Prior to the entry of any domestic re of benefits of System may legally honor the ova If a domestic a in expenses in connection with the order. 2• Retiree Directed Payments make any payments for child support or alimony. 3. Exem Lion from Execution Non-Assi nabili . Except as otherwise provided by law, the pensions, am benefits accrued or accruing to any person under the provisions of this Accumulated Contributions and the cash securities in the Fund c ordinance are hereby exempted from any state, county or municipal tt 5 , there shall be full vest - of the System shall be >ortionate basis to the a bee Utility Authority No. 828, is hereby lssignability, to read for for su sties, or any other ordinance and the 'eated under this K and shall not be subject to execution, attachment, garnishment or any legal proce ss whatsoever and shall be unassignable. SECTION 7: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by amending Section 23, Military Service Prior to Employment, subsection 1, to read as follows: 1 • The Member contributes to the Fund the sum that he ould have contributed., based on his Sala and the Member contribution rate in effectatthe time that the Credited Service is requested had he been a memberof the System forthe years orfractional parts of years forwhich he is requesting credit plus amounts actuarially d termined 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. SECTION 8: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by amending Section 25, Reemployment After Retirement, to read as follows: SECTION 25. REEMPLOYMENT AFTER RETIREMENT 01 employment shall be subject to the limitations set forth in this Section a 6 for shall upon being reemployed continue receipt of benefits. Upon reem to ment the Retiree shall be deemed to be fulfy vested and the additional Credited Service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final Retirement. Calculations of benefits upon Re irement shall be based upon the benefit accrual rate Average Final Compensation, and Credited Service as of that date and the retirement benefit amount for any subsequent employment eriod shall be based upon the benefit accrual rate Average Final Compensation based only on the subsequent employment period and not including any period of DROP participation), and Credited Service as of the date of subse uent retirement The mount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid fora prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be sub'ect to change upon subsequent retiremE nt except as otherwise provided herein but the Member may select a different optional fo Tn and joint pensioner applicable to the subsequent retirement benefit I Any Retiree who is retired under normal retirement p irsuant to this System and who is reemployed by the City after that Retirement ar d by virtue of that reemployment is ineligible to participate in this System. shall durilg the period of such reemployment, continue to receive retirement benefits previously a Irned. Former DROP participants shall begin receipt of benefits under these circumstances. 4. After Early Retirement. Any Retiree who is retired under early retirement pursuant to this System and who subsequently becomes an em to lee of the City in an capacity,shall discontinue receipt of benefits from the S ste until the earlier of termination of employment or such time as the reemployed Retiree 'eaches the date that he would have been eligible for normal retirement under this S st m had he continued employment and not elected early retirement. "Normal retirement" as used in this subsection shall be the current normal retirement date provided for L nder this System. A Retiree who retums to work under the provisions of this Section sh all not be eli ible for membership in the System. and therefore shall not accumulate additional Credited Service for subsequent periods of employment described in this Section, shall not be re uired to make contributions to the System, nor shall he be eligible for any other benefit other than the Retiree's early retirement benefit when he again lecomes eligible as 7 ea t to an early retiren of this Section if the «U Prartiuns snap not be sub"ect to the Provisions of this Sectio 1 until in to actually receive benefits. Upon receipt of benefits terminate I be treated as normal or early Retirees for purposes of applyi q the —Wr Uul1 011U Muir status as an early or nor elect to begin to receive their benefit W Program shall be permitted to retire a1 MAJAMUH, nave the options Provided for in this section for ree iployment. SECTION 9: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinancq No. 828, is hereby amended by amending Section 27, Prior Government Service, subsection 1, to read as follows: 1. The Member contributes to the Fund the sum that he would have contributed, based on his salary and the Member contribution rate in effect at th time that the Credited Service is requested had he been a member of the System for theyears 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. SECTION 10: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by adding Section 28, Deferred Retirement Option Plan, to read as follows: SECTION 28. DEFERRED RETIREMENT OPTION PLAN. 1. Definitions As used in this Section 28_ tha Winudnn .�of..;.:,... �wr -- I ne U1Y of UKeechobee General Emplo, Retirement Option Plan "DROP Account" -- The account established for participant under subsection 3 8 • 2. Participation A. Eligibility to Participate In lieu of terminating his e Member who is eligible for elect to defer receipt of such servic participate in the DROP B. Election to Partici ate. A Member's election to artici ate in writing in a time and manner determin effective on the first day of the first cal fifteen (15) business days after it is rec C. Period of Partici ation. A Member who elects to participate in 2.B., shall participate in the DROP for sndu constitute an irrevocable electie the City not later than the date provide A Member may participate only once D. Termination of Partici ation. (1) A Member's participation in tf earlier of: !al the o 4 s k;.. the 9 to to re. - for in be DROP vice of - Limuir snap cease at e period of participation in der subs ction 2.C.• or ment as 3 General Em to of participation in the DR( e all am unts Provided fo thly ben hfits and investm shall ce se to be transfen P Acco int. Any amoui nt shall be paid to him of sub ectinn d wh— A Member who terminates his this subsection 2.D. shall not participant in the DROP of DROP Participation on the ' A Member'c Crariitorl etirees in the System) while fter a Member commence: ,rmitted to again contribute Bible for disability orpre-retie ovided for in Section 25 Re > amounts shall be paid to a Member is a participant it ecified in the System if a ;OP is terminated other than a General EmDlnveP nn am 3. Funding A. Establishment of DROP Account A DROP Account shall be establishE in the DROP. A Member's DROP A transferred to the DROP under su interest on those amounts B. Transfers From Retirement System. "I As of the first day of each r 10 is in the DROP under to again become a ued benefit under for justment for n the DROP. shall not be shall he be vmunoer Trom the 5vs the DROP. Unless c Members participatic b termi atin-g his em )unts shall be paid to his employment as a 9cified in the System a sist of nd ea of he • • of subsecti past the d Employee. or a General 2.D. (2). A be deterrr ins 2.C. an month's ending balance; or punt shall net invest management fees or elect to artici end of a uarter. fstern had he terminated hi; e and elected to receive Lder shall be transferred tc otherwise provided for in )eri d of participation in the xd nce with the Provisions n no event shall it continue em to ment as a General in gubsertinn 9 n (91 lance in a Member's DROP :d or det ited at a rate equal to m realiz d by tho f- or i ose of in which t to be iriting, CROP to the • • account value for distribution to the Member upon termination of participation in the DROP shall be the value of the account at the end of the auarter a in the e earnings or interest nor will monthly benefits be transferred to the DROP account. All such non -transferred amounts shall be forfeited and continue to be forfeited while the Member is employed by the City, and no cost -of -living adiustments shall be applied to the Member's credit during such period of continued employment. A Member am iloyed by the City after the permissible period of DROP participation will be eliqible for 4. Distribution of DROP Accow A. Eli ibili for Benefits. A Member shall rec termination of emplovmer Provided in subsection 4 D from the DROP prior to his Employee. B. Form of Distribution I., Unless the Member E 12 Balance in s of this si a General I ]mounts she nation of em in a th in in :ion of ect to A Mei n as a If th ch form as the graph shall be in ner as the Board is not a aualifipri 13eneflcia sl all be sub ;fit rule as described i e and its annfi nhla ramd- C. Date of Payment of Distribution - (1) Except as otherwise provi� of a Member's DROP Ai administratively practicable of employment. (2) In lieu of a distribution as t i wincigent wan or a General Emploi made before the d extent necessary t 4.D. and 4.F. wenty and One-Hr vent shall the provi., tribution of a Merr ciary in su h optional form as his o Beneficia / designation is made distributed t the Member's estate. id in this suk isection 4. distribution punt shall a made as soon as `ollowin th Mem bees termination scribed in paragraph 1 above a ;e with such procedures as the t to have the distribution of his of the firs da of any month its termination of employment as with the provisions of '0-1/2). In the event a in service under the o 13 ich mis su • 401 he shall n beginning lump sum Account di terminatior made in ac Ito evidence of the right of any Benefician value of a deceased Member's DRO deem proper and its determination of other person to receive payment shall F. Distribution Limitation Notwithstanding any other provision of 1(a)(9) of of of of nce and annual i to his is DROP ,rs subsenuPnt Section 401(a)(9) of the Code G. Direct Rollover of Certain Distributions This subsection applies to distributions made in or after 2002. Notwithstanding any provision of the DR P to the distributee may elect to hav distribution paid in a direct rol System in Section 24 5. Administration of DROP A. Board Administers the DROP The general administration ofth out the provisions of the DROF the investment of the DROP�c ch 14 tLfE of ove or 11 a a,r • tuber or any agent to execute or on s as iney may require in ca 10*ng out the Provisions i may allocate among the selves or delegate to or such Portion of their d ties under the DROP _granted to them as T stPP iinAmr ten , ♦--4 agreement adopted for use in implementing the DROP as they,in their sole discretion shall decide. A Trustee shall not vote on an question relating exclusively to himself. B. Individual Accounts Records and Re orts. in Imes of the DROP. The B and shall prepare rs participating in the DRc) nnri r%rtior i-46AA or required to be distributed or file and any other applicable laws C. Establishment of Rules. P the Bo• rd from time to Iration of the DROP anc transaction of its business. The Board shal have disci authorityto construe and interpretthe DROP (including but nc to determination of an individual's eligibility for :)ROP partii the right and amount of any benefit payable and r the DROP or its determination of any disputed questions sha final to the extent permitted by applicable law. 15 • D. Limitation of Liabilit . (1) The Trustees shall made in good faith in relation to DROP. for in the DROP. 6. General Provisions A. Amendment of DROP. The DROP ma be amp to amend of viauawy or on failure to act. suffered in or if deemed necessary or r DROP's fu vi Persons entitled to benefits and r the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP Account of any Member. B. Facilily of Payment. If a MemhPr nr n+hcr benefit. 16 of be is • • C. Information or D. Prevention of Escheat no to so applied shall be paid to Provisions of the DROP E. Written Elections Notification. 17 of • • procedures shall prevail for a States mail to such address is retur be suspended until such time as notifies the Board of his address. F. Benefits Not Guaranteed All benefits payable to a Member from the rd any applicable law. G. Construction 14 % The DROP controls. a other assets except to the or II be paid on ad or control. H. Forfeiture of Retirement Benefits Nothing in this Section shall be to the System. DROP Participants shall be sub' ct to forfeiture retirement benefits including DROP benefits I. Effect of DROP Participation on Employment Participation in the DROP is not a quarantee tf ernIomentDROP participants shall be subject to themp- Pmnimi, 18 • I 0 DROP participants SECTION 2: All Ordinances or parts of Ordinances in con nict 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 a y 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 4: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this 15th day of March, 2005. ATTEST: Lane Gamiotea, CIVIC, City Clerk Passed on second and final reading this 5th day of April, ATTEST: Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney bmlokXgen\02-17-05.ord 19 • ORDINANCE NO. 888 AN ORDINANCE OF THE CITY OF OKEE AMENDING AND RESTATING THE CITY OF OKEE MUNICIPAL POLICE OFFICERS' PENSION TRU; ADOPTED PURSUANT TO ORDINANCE SUBSEQUENTLY AMENDED; PROVIDIN DEFINITIONS; PROVIDING FOR MEMB PROVIDING FOR A BOARD OF TRUSTEES; PR FOR FINANCES AND FUND MANAGEMENT; PR FOR CONTRIBUTIONS; PROVIDING FOR AMOUNTS AND ELIGIBILITY; PROVIDING F( RETIREMENT DEATH BENEFITS; PROVIDIP DISABILITY BENEFITS; PROVIDING FOR VES' BENEFITS; PROVIDING OPTIONAL FORMS OF BI PROVIDING FOR BENEFICIARIES; PROVIDING PROCEDURES; PROVIDING FOR REPORTS DIVISION OF RETIREMENT; PROVIDING FOR A OF RETIREES; PROVIDING FOR A MAXIMUM F LIMITATION; PROVIDING FOR DISTRIBUTI BENEFITS; PROVIDING MISCELLANEOUS PRO' PROVIDING FOR REPEAL OR TERMINATION SYSTEM; PROVIDING FOR DOMESTIC REI ORDERS; RETIREE DIRECTED PAYMENTS; EXE FROM EXECUTION AND NON -ASSIGNABILITY; PR FOR PENSION VALIDITY; PROVIDING FOR FORI OF PENSION UNDER CERTAIN CIRCUMSI PROVIDING FORCONVICTION AND FORFEITURE MISLEADING OR FRAUDULENT STATE PROVIDING FOR INDEMNIFICATION AND DEFE CLAIMS; PROVIDING FOR TRANSFERS WITHIN TI PROVIDING FOR DIRECT TRANSFERS OF E ROLLOVER DISTRIBUTIONS; PROVIDING FOR PUI OF CREDIT FOR MILITARY SERVICE PRI EMPLOYMENT; PROVIDING FOR PRIOR POLICE S PROVIDING FOR A DEFERRED RETIREMENT PLAN; PROVIDING FOR REEMPLOYMENT RETIREMENT; PROVIDING FOR CODIFIC PROVIDING FOR SEVERABILITY OF PROV REPEALING ALL ORDINANCES IN CONFLICT HEI AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Police Officers are and certain other benefits under Ordinances of the City of • EXHIBIT 5 MARCH 15, 2005 CHOBEE CHOBEE ;T FUND, '49, AS 3 FOR RSHIP; JVIDING DVIDING 3ENEFIT iR PRE- G FOR 'ING OF :NEFITS; CLAIMS rO THE ROSTER ENSION ON OF 'ISIONS; OF THE ATIONS ANCES; FALSE, RENTS; VSE OF IE CITY; LIGIBLE tCHASE )R TO -RVICE; 3PTION AFTER ATION; SIONS; tEW ITH provided pension and; WHEREAS, the City Council desires to clarify and restate the provisions of the Police Officers' Retirement Plan to consolidate all prior ordinance and Code provisions and to incorporate Federal law and the current applicable Florida Statutes; NOW, THEREFORE, BE IT ORDAINED before the City C Okeechobee, Florida; presented at a duly advertised public mei majorityvote of the City Council; and properly executed bythe Mayoi Presiding Officer for the City: SECTION 1: That the City of Okeechobee Police Officers adopted pursuant to Ordinance 749, as subsequently amended, is )ns of Chapter 185, iuncil for the City of ing; and passed by )r designee, as Chief Retirement System, ereby amended and • u ORDINANCE NO. 888 AN ORDINANCE OF THE CITY OF OKE CHOBEE AMENDING AND RESTATING THE CITY OF OKE CHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 749, 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; PROVID114G FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OF B NEFITS; PROVIDING FOR BENEFICIARIES; PROVIDIN CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUT ON OF BENEFITS; PROVIDING MISCELLANEOUS PRO ISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR DOMESTIC RE TIONS ORDERS; RETIREE DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION AND NON -ASSIGNABILITY; P OVIDING FOR PENSION VALIDITY; PROVIDING FOR FOR EITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFE NSE OF CLAIMS; PROVIDING FOR TRANSFERS WITHIN E CITY; PROVIDING FOR DIRECT TRANSFERS Or ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR PU CHASE OF CREDIT FOR MILITARY SERVICE PR OR TO EMPLOYMENT; PROVIDING FOR PRIOR POLICE E ERVICE; PROVIDING FOR A DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR REEMPLOYMENT AFTER RETIREMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Police Officers are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee and; WHEREAS, the City Council desires to clarify and restate the provisions of the Police Officers' Retirement Plan to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the current applicable provi ions of Chapter 185, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public me ting; and passed by majority vote of the City Council; and properly executed by the Mayo or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee Police Office adopted pursuant to Ordinance 749, as subsequently amended, is ' Retirement System, hereby amended and restated as set forth in the document designated CITY OF OK ECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, attached hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this 1 5th day of March, 2005. es ATTEST: Lane Gamiotea, CMC, City Clerk Passed on second and final reading this 5th day of April, ATTEST: Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney • • SECTION TABLE OF CONTENTS 1. DEFINITIONS 2. MEMBERSHIP 3. BOARD OF TRUSTEES 4. FINANCES AND FUND MANAGEMENT 5. CONTRIBUTIONS 6. BENEFIT AMOUNTS AND ELIGIBILITY 7. DEATH BENEFITS 8. DISABILITY 9. VESTING 10. OPTIONAL FORMS OF BENEFITS 11. BENEFICIARIES 12. CLAIMS PROCEDURES 13. REPORTS TO DIVISION OF RETIREMENT 14. ROSTER OF RETIREES 15. MAXIMUM PENSION 16. DISTRIBUTIONS OF BENEFITS 17. MISCELLANEOUS PROVISIONS 18. REPEAL OR TERMINATION OF SYSTEM 19. DOMESTIC RELATIONS ORDERS; RETIREE DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION, NON -ASSIGN 20. PENSION VALIDITY 21. FORFEITURE OF PENSION 22. CONVICTION AND FORFEITURE; FALSE, MISL OR FRAUDULENT STATEMENTS 23. INDEMNIFICATION 24. TRANSFERS WITHIN THE CITY 25. MILITARY SERVICE PRIOR TO EMPLOYMENT 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS 27. PRIOR POLICE SERVICE 28. DEFERRED RETIREMENT OPTION PLAN 29. REEMPLOYMENT AFTER RETIREMENT PAGE NUMBER 1 4 4 6 10 11 13 14 21 22 24 25 25 25 25 28 29 30 JLITY 33 33 34 DING 35 35 36 36 37 39 40 50 • • CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND SECTION 1. DEFINITIONS. 1. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated Contributions means a Member's own contributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum through September 30, 1993, four and one -quarter percent (4.25%) per annum through October 30, 2003 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, any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and any payment representing interest and any required actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the crediting of interest. 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 eight percent (8%) interest and the 1983 Group Annuity Mortality Table for Males. Average Final Compensation means one -twelfth (1/12) of the average Salary of the five (5) best years of the last ten (10) years of Credited Service prior to Retirement, termination, or death, or the career average as a full-time Police Officer, whichever is greater. A year shall be twelve (12) consecutive months. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a Member who has or have been designated in writing by the Member and filed with the Board. If no such designation is in effect, or if no person so designated is living, at the time of death of the Member, the Beneficiary shall be the estate of the Member. Board means the Board of Trustees, which shall administerand manage the System herein provided and serve as trustees of the Fund. City means City of Okeechobee, Florida. Code means the Internal Revenue Code of 1986, as amend d from time to time. 1 • I • Credited Service means the total number of years and fractional parts of years of service as a Police Officerwith Member contributions when required, omitting intervening years or fractional parts of years when such Member was notemployed by the City as a Police Officer. A Member may voluntarily leave his Accumulated Contributions in the Fund for a period of five (5) years after leaving the employ of the Police Department pending the possibility of being reemployed as a Police Officer, without losing credit for the time that he was a Member of the System. If a vested Member leaves the employ of the Police Department, his Accumulated Contributions will be returned onl y Lipon his written request. If a Member who is not vested is not reemployed as a Police Officer with the Police Department within five (5) years, his Accumulated Contributions shall be returned. Upon return of his a Member's Accumulated Contributions, all of his rights and benefits underthe System are forfeited and terminated. Upon any reemployment, a Police Officer shall not receive credit for the years and fractional parts of years of service for which he has withdrawn his Accumulated Contributions from the Fund, unless the Police Officer repays into the Fund the contributions he has withdrawn, with interest, as determined by the Board, within ninety (90) days after his reemployment. The years or fractional parts of years that a Pchee-gffreer 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 Police Officer with the City to perform training or service, shall be added to his years of Credited Service, for all purposes, including vesting, provided that: A. The Pefiee g#fteer Member must return to his employment as a Police Officer within one (1) year from the earlier oft a date of his military discharge or his release from active service. B. The Member is entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act (AUSTERE), (P.L.103-353). C. The maximum credit for military service pursuant to this paragraph shall be five (5) years. Effective Date means April 20, 1993. Fund means the trust fund established herein as part of the c ystem. Member means an actively employed Police Officer who f Ifilis the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordina 2 and any benefit improvements which might be made in the future shall apply Prospectively and shall not apply to Members who terminate employment orwho retire priort the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan Year means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Police Officer means an actively employed full-time person, employed by the City, including his initial probationary employment period, who is certified as a Police Officer as a condition of employment in accordance with the provisions of §943.1395, Florida Statutes, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enfDrcement of the penal, traffic, or highway laws of the State of Florida. Retiree means a Member who has entered Retirement Status. Retirement means a Members separation from City employment with eligibility for immediate receipt of benefits under the System or entry into the Deferred Retirement Option Plan. Salary means the total compensation for services rendered to the City as a Police Officer reported on the Member's W-2 form plus all tax deferred, te x sheltered and or tax exempt items of income derived from elective employee payroll deductions or salary reductions. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a Member before the first Plan Year beginning after December 31, 1995. Spouse means the lawful wife or husband of a Member or Retiree at the time benefits become payable. System means the City of Okeechobee Municipal Police Officers' Pension Trust Fund as contained herein and all amendments thereto. 2. Masculine Gender. The masculine gender, where used herein, unless th context specifically requires otherwise, shall include both the feminine and masculine a nders_ 3 • SECTION 2. MEMBERSHIP. 1. Conditions of Eligibility. A. All Police Officers as of the Effective Date, and all future new Police Officers, shall become Members of this System as a condition of employment. B. All future new Police Officers shall be required to complete a medical examination as prescribed by the City. 2. Designation of Beneficiarv. Each Police Officer shall complete a form prescribec by the Board providing for the designation of a Beneficiary or Beneficiaries. SECTION 3. BOARD OF TRUSTEES. 1. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions oft lis ordinance is hereby vested in a Board of Trustees. The Board is hereby designated as the plan administrator. The Board shall consist of five (5) Trustees, two (2) of whom, unless otherwise prohibited bylaw, shall be legal residents of the City, who shall be appointed b the Okeechobee City Council, and two (2) of whom shall be full-time Police Officer Members of the System, who shall be elected by a majority of the Police Officers who are Members of the System. The fifth Trustee shall be chosen by a majority of the previous four (4) Trustees as provided for herein, and such person's name shall be submitted to the Okeechobee City Council. Upon receipt of the fifth person's name, the Okeechobee City Council shal , as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. he fifth Trustee shall have the same rights as each of the other four (4) Trustees appointe J or elected as herein provided and shall serve a two (2) year term unless he sooner vacates the office. Each resident Trustee shall serve as Trustee for a period of two (2) years, unless he sooner vacates the officer or is sooner replaced by the Okeechobee City Council 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 as a Police Officer or otherwise vacates his office as Trustee, whereupon a successors all be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office. DROP participants can be elected as and vote for elected Trustees. The Board shall establish and administer the nominating and election procedures after for each election. The Board shall meet at least quarterly each year. The Board shall b 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. 4 2. The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretaryof the Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. 3. Each Trustee shall be entitled to one (1) vote on the Board. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall have-the-69hHe abstain from voting as the result of a conflict of interest and shall comply with the provisions of Section 112.3143, Florida Statutes. 4. The Board shall engage such actuarial, accounting, le gal, and other services as shall be required to transact the business of the System. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates a ld in such amounts as the Board shall agree. In the event the Board chooses to use the City's legal counsel, actuary or other professional, technical or other advisors, it shall do so only under terms and conditions acceptable to the Board. 5. The duties and responsibilities of the Board shall inclu e, but not necessarily be limited to, the following: A. To construe the provisions of the System and determine all questions arising thereunder. B. To determine all questions relating to eligibility and membership. C. To determine and certify the amount of all retirement allowances or other benefits hereunder. D. To establish uniform rules and procedures I o be followed for administrative purposes, benefit applications and all matters required to administer the System. E. To distribute to Members, at regular intervals, ini the System. F. To receive and process all applications for ben( G. To authorize all payments whatsoeverfrom the F disbursing agent, in writing, of approved benefit expenditures arising through operation of the Sv 5 concerning , and to notify the ments and other and Fund. H. To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. I• To perform such other duties as are requirec to prudently administer the System SECTION 4. FINANCES AND FUND MANAGEMENT. Establishment and Operation of Fund. 1 • As part of the System, there exists the Fund, into w iich shall be deposited all of the contributions and assets whatsoever attributable to the ystem. 2• The actual custody and supervision of the Fund (andassets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent but only upon written authorization from t e Board. 3. All funds of the Municipal Police Officers' Pension Trust Fund may be deposited by the Board with the Finance Directorof the City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the City. However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the Municipal Police Officers' Pensior Trust Fund. In lieu thereof, the Board shall deposit the funds of the Municipal Police O icers' Pension Trust Fund in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities asset forth herein, the Board may retain the services of a custodian bank, ar 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 discre- tion, subject to any guidelines as prescribed by the Board, in the inv stment of all Fund assets. 4• All funds and securities of the System may be commingled in the Fund, Provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: A. Current amounts of Accumulated Contributions c an individual and aggregate account basis, and B. Receipts and disbursements, and 6 Members on both • 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 markel basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powE rs 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 age it in the Fund and the Board shall not be required to segregate or nvest separately any portion of the Fund. B. All monies paid into or held in the Funds iall 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 nationa bank, a state bank insured by the Bank Insurance Fund or a savings/building and 7 1-� C� i loan association insured by the Savinc Fund which is administered by the Fe Corporation or a state or federal charl share accounts are insured by the Nati Insurance Fund. (3) Obligations of the United States or ob to principal and interest by the gov States or by an agency of the governmi (4) Bonds issued by the State of Israel. (5) Stocks, commingled funds administer banks, mutual funds and bonds o indebtedness, provided that: (a) Except as provided in paragraph securities and all securities in a fund must be issued or guarar organized under the laws of tt state or organized territory of thi District of Columbia. (b) Up to ten percent (10%) of the a: be invested in foreign securities. (c) The Board shall not invest more of its assets in the common si convertible securities of any one shall the aggregate investment company exceed five percent (5' capital stock of that company; no of its investments in common stc convertible securities at cost e (60%) of the assets of the Fund. (6) Real estate, provided the Board shall not percent (10%) at cost in real property or C. At least once every three (3) years, and more ofl the Board, the Board shall retain a prof independent consultant, as defined in Secti Statutes, to evaluate the performance of all 8 Association Insurance %ral Deposit Insurance ed credit union whose ial Credit Union Share itions guaranteed as ment of the United of the United States. by national or state other evidences of (b), all individually held commingled or mutual seed by a corporation e United States, any United States, or the of the Fund may ian five percent (5%) ick, capital stock or 'suing company, nor in any one issuing ) of the outstanding shall the aggregate k, capital stock and ceed sixty percent invest more than ten real estate. sn as determined by :ssionally qualified m 185.06, Florida current investment M E. F. G. H 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. The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. Neither the Board nor any Trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment or the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, 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; anc generally to exercise any of the powers of an owner with respect to sl ocks, bonds, or other investments comprising the Fund which it may d eem to be to the best interest of the Fund to exercise. 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 9 • I • ordinance, can reasonably betaken or performed only after receipt by it from a Member, the City, or any other entity, of specific information, 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 he Fund to a Member, Retiree or Beneficiary caused by errors o computation shall be adjusted with interest at a rate per annum ar proved by the Board in such a mannerthat the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fur d in a prudent manner. K. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits provided for herein. L. In any application to or proceeding or action n 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 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 th ugh duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; rovided further, that legal title to said Fund shall always remain in the Board. SECTION 5. CONTRIBUTIONS. 1. Member Contributions. A. Amount. Each Member of the System shall be required to make regular contributions to the Fund in the amount of five percent (5%) of his Salary. Member contributions withheld by the City on behalf of the Member shall be deposited with the Board immediately after each pay period. The contributions made by each Member to the Fund shall be designated as employer contributions p rsuant to §414(h) of the Code. Such designation is contingent upon the contributions 10 being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be considered to be Merr ber contributions. B. Method. Such contributions shall be made by payroll deduction. 2. State Contributions. Any monies received or receivable by reason of law5 of the State of Florida, for the express purpose of funding and paying for retirement ber efits for Police Officers of the City shall be deposited in the Fund comprising part of this System immediately and under no circumstances more than five (5) days after receipt byte City. 3. City Contributions. So long as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the difference in each year, betty en the total aggregate Member contributions for the year, plus state contributions for such year, and the total cost for the year, as shown by the most recent actuarial valuation of the System. The total cost for any year shall be defined as the total normal cost plus the addit onal amount sufficient to amortize the unfunded past service liability as provided in Part VII of Chapter 112, Florida Statutes. 4. Other. Private donations, gifts and contributions may be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for Members, as determined by the Board, and may not be used to rec uce what would have otherwise been required City contributions. SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY. 1. Normal Retirement Date. A Member's normal retirement date shall be the first day of the month coincident with or next following the earlier of the attainment of age fifty-five (55) and the completion of ten (10) years of Credited Service, or upon the complet on of twenty-five (25) years of Credited Service regardless of age. A Member may -etire on his normal retirement date or on the first day of any month thereafter, and each Member shall become one hundred percent (100%) vested in his accrued benefit on the Member's normal retirement date. Normal retirement under the System is Retirement from employment with the City on or after the normal retirement date. 11 • • 2. Normal Retirement Benefit. A Member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his Retirement and be continued thereafter during Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal three percent (3%) of Average Final Compensation, for each year of Credited Service. 3. Early Retirement Date. A Member may retire on his early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of Credited Service. Early retirement under the System is Retirement from employment with the City on or after the early re irement date and prior to the normal retirement date. 4. Early Retirement Benefit. A Member retiring hereunder on his early retirement ate may receive either a deferred or an immediate monthly retirement benefit payable ir the same form as for normal retirement as follows: A. A deferred monthly retirement benefit which shall commence on what would have been his normal retirement date, determined based upon his actual years of Credited Service, and sha I be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date, determined based upon his actual years of Credited Service, except that Credited Service and Average Final Compensation shall be determined as of his early retirement date; or B. An immediate monthly retirement benefit whic shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph A above, which is reduced by three percent (3%) for each year the commencement of benefits precedes the date which would have been the Member's normal retirement date determined based upon his actual years of Credited Service. 12 • 5. Cost of Living Adiustment. Beginning retroactively to October 1, 1999, and on every October 1 of odd numbered years thereafter, the monthly benefit of each Retiree (or their Beneficiary orjoint annuitant), including disability Retirees and vested terminated persons, who has been receiving benefits for at least one (1) year as of the adjustment dale, shall be increased by one-half of one percent (.5%). This benefit shall apply to all cu rent and future eligible Retirees (or their Beneficiary or joint annuitants). SECTION 7. DEATH BENEFITS. 1. Prior to Vesting or Eligibility for Retirement. The Beneficiary of a deceased Member who was not receiving monthly benefit payments, or who was not yet vested or eligible for early or normal Retirement shall receive a refund of one hundred percent (100%) of the Member'sAccumulated Contribu- tions. 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 five thousand dollars ($5,000), it shall be paid in a lump sum. If the value exceeds five thousand dollars ($ ,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. Notwithstanding the previous paragraphs of this subsection 2, in the event a Member or terminated vested person, with ten (10) or more year of Credited Service, dies priorto Retirement or prior to receipt of benefits, his Beneficiaryhall be entitled to the accrued normal or early retirement benefit payable at the deceas d Member's early or normal retirement age less the value of any benefits paid or payable nder this subsection. 13 • • SECTION 8. DISABILITY. 1. Disability Benefits In -Line -of Dutv. Any Memberwho shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, whicl disability was directly caused by the performance of his duty as a Police Officer, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three percent (3%) of his Average Final Compensation multiplied by the total years of Credited Service, but in any event, the minimum amount paid to the Me nber shall be forty-two percent (42%) of the Average Final Compensation of the Member. Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disabilily within thirty (30) days after termination. 2. In -Line of Duty Presumptions. A. Presumption. Any condition or impairment of health of a Member caused by hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by com- petent evidence, provided that such Members hall have successfully passed a physical examination upon entering into such service, including cardiogram, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a Policy of life insurance or disability insurance. B. Additional Presumption. The presumption provided for in this subparagraph B. shall apply only to those condi ions described in this subparagraph B. that are diagnosed on or after January 1, 1996. (1) Definitions. As used in this subsection 2.B., the following definitions apply: (a) "Body fluids" means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention ofoccupational transmission of blood-bome pathogens, as established by the Centers for Disease Control, app y. For purposes of potential transmission of meningo occal meningitis or tuberculosis, the term "body fluids" ncludes respiratory, 14 (b) (c) (d) salivary, and sinus fluids, inc uding droplets, sputum, and saliva, mucous, and oth r fluids through which infectious airborne organisms can be transmitted between persons. "Emergency rescue or public safety Member" means any Member employed full time by the City as a firefighter, paramedic, emergency medical technician, law enforcement officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to he atitis, meningococcal meningitis, or tuberculosis anc who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public sa rety Member" does not include any person employed by a public hospital licensed under Chapter 395, Florida Statutes, or any person employed by a subsidiary thereof. "Hepatitis" means hepatitis A, hepatitis B, hepatitis non - A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this subsection, in performing the basic duties associated with his employment: L Provides emergency medi I treatment in a non - health -care setting where t iere is a potential for transfer of body fluids betm een persons; ii. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instru- ments exposed to body fluids; iii. Engages in the pursuit, appr hension, and arrest of law violators or suspected law violators and, in 15 (2) performing such duties, may be exposed to body fluids; or iv. Is responsible for the custody, and physical restraint when neces ary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while o 1 work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. (e) "Occupational exposure," in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. Presumption. Any emergency rescue or public safety Member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the Membermust, bywrittenaffidavit as provided in Section 92.50, Florida Statutes, verif y Dy written declaration that, to the best of his knowledge and belief: (a) In the case of a medical condition -aused by or derived from hepatitis, he has not: L Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his em loyment; ii. Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his present employment, or received any blood products for the treatment ofs coagulation disor- der since last undergoing medical tests for 16 • C� J (3) hepatitis, which tests failed to indicate the presence of hepatitis; ii. Engaged in unsafe se ual practices or other high -risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high -risk behavior, or iv. Used intravenous drugs not prescribed by a physician. (b) In the case of meningococcal mE ningitis, in the ten 10) days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have mening coccal meningitis or known to be an asymptomatic carrier of the disease. (c) In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test, he has not been exposed, Outside the scope of his employment, to any person known by him to have tuberculosis. Immunization. Whenever any standard, medicallyrecognized vaccine or otherform of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this Section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety Member may be required by the City to undergo the immunization or prophylaxis unless the Member's physician determines ir writing that the immunization orother prophylaxis would pose a significant risk to the Member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety 17 • I • Member to undergo such immu ization or prophylaxis disqualifies the Member from the benefits of the presumption. (4) Record of Exposures. The City shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety Member in its employ to the disease described in this Section and shall immediately notify the Member of such exposure. An emer ency rescue or public safety Member shall file an incident or accident report with the City of each instance of known or suspected occupational exposure to hepatitis infection, menin ococcal meningitis, or tuberculosis. (5) Re uired medical tests reem to met Physical. In order to be entitled to the presumption provided by this Section: (a) An emergency rescue or public safety Member must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection. This paragraph does not apply in the case of meningococcal meningitis. (b) On or after June 15, 1995, an emergency rescue or public safety Member may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis. 3. Disability Benefits Not -in -Line of Duty. Any Member with five (5) years or more Credited Service who shall become totally and permanently disabled to the extent that he is unable, by rE ason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability is not directly caused by the performance of his duties as a Police Officer shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to the greater of (i) or (ii) where (i) s two percent (2%) of Average Final Compensation multiplied by the total years of Credited Service and (ii) is a benefit determined in the same manner as for early retirement as se forth in Section 6, subsection 4B. In any event, the minimum amount paid to the Member hall be twenty-five 18 • I • percent (25%) of his Average Final Compensation. Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) dE ys after termination. 4. Conditions Disqualifying 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 narcotics. B. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections or while corn mitting a crime. C. Injury or disease sustained while serving in any branch of the Armed Forces. D. Injury or disease sustained by the Member alter his employment as a Police Officer with the City Okeechobee sh II have terminated. E. Injury or disease sustained by the Member wt He working for anyone other than the City and arising out of such employment. 5. Physical Examination Requirement. A Membershall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or phys clans 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 required 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 hat 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 Retirse 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-examin tion of the Member claiming or the Retiree receiving disability benefits shall be borne by he Fund. All other 19 • I • 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 shell will be deemed to have been continuous, and but the period beginning with the first month for which Member received a disability retirement incomeshelFbrFinrhtdr� Pa the date he reentered the service of the Ci will not be considered the purposes of the System. The Board shall have the power and authority to mE regarding all disability claims. 6. Disability Payments. The monthly benefit to which a Member is entitlec Member's disability retirement shall be payable on the first day of th Board determines such entitlement. However, the monthly retirer payable as of the date the Board determined such entitlement, and partial month shall be paid together with the first payment. The lasl A. If the Retiree recovers from the disability prior to date, the payment due next preceding the date B. If the Retiree dies without recovering from dis normal retirement date while still disabled, the preceding his death or the 120th monthly paymer Provided, however, the disability Retiree may select, at date on which benefit payments begin, an optional form of benefit pa in Section 10, subsection I.A. or 1.B., which shall be the Actuarial Equi form of benefit. 7. Benefit Offsets. When a Retiree is receiving a disability pension and wort benefits pursuant to Florida Statute Chapter 440, for the same disa 20 the final decisions in the event of the first month after the ant income shall be my portion due for a payment will be: is normal retirement )f such recovery, or ability or attains his payment due next t, whichever is later. Iny time prior to the anent as described ralent of the normal compensation and the total monthly benefits received from both exceed one hundred percent 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 receivec by the Retiree does not exceed one hundred percent (100%) of such average monthly we ge. The amount of any lump sum workers' compensation payment shall be converted tc an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump stim amount by 83.9692. Notwithstanding the foregoing, in no event shall the disability pension benefit be reduced below the greater of forty-two percent (42%) of Average Final Compensation or two percent (2%) of Average Final Compensation times years of Crec ited Service. SECTION 9. VESTING. If a Member terminates his employment as a Police Officer, either voluntarily or by discharge, and is not eligible for any other benefits under this System, the Member shall be entitled to the following: 1. If the Member has less than ten (10) years Credited Service upon 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 ten (10) or more years of Credited Service upon termination, the Membershall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the Member's Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him commencing at the Member's otherwise normal or early retirement date, determined based upon his actual years of Credited Service, provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his otherwise normal or early retirement date. If the Member does not withdraw his Accumulated Contributions and does not survive to his otherwise normal or early retirement date, his designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for Retirement under Pre Retirement Death. • 0 SECTION 10. OPTIONAL FORMS OF BENEFITS. 1. In lieu of the amount and form of retirement incom payable in the event of normal or early retirement as specified herein, a Member, upo i 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 Retiree during the lifetime of the Retiree and following the death of the Retiree, one hundred percent (100%), sev my -five percent (75%), sixty-six and two-thirds percent (66 2/3%) or fifty percent (50%) of such monthly amount payable to a joint pe sioner for his lifetime. The present value of payments to the Retiree shall not be less than fifty percent (50%) of the total present value of payments to the Retiree and his joint pensioner. B. A retirement income of a modified monthly amount payable to the Retiree for his lifetime only. C. If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirerr ent allowance during the entire period of Retirement. The amounts payable shall be as recommended by the actuaries for the System, t ased upon the social security law in effect at the time of the Members Retirement. This option may be combined with other optional forms of benefit. D. For anv Member whn finoa .,, f ,+::. _._ :_ - ..___ in inAorB A Retiree who is a participant in vpnon Tian shall not be eligible to select this part 2. The Member, upon electing any option of this Section, w pensioner (subsection 1.A. above) or Beneficiary (or Beneficiaries) to if any, payable under the System in the event of Member's death, and 22 I lump sum option designate the joint 1ceive the benefit, fill have the power • I • to change such designation from time to time. Such desigr ation will name a joint pensioner or one (1) or more primary Beneficiaries where applicable. A Member may change his Beneficiary at any time. If a Member has elected an option with a joint pensioner and the Member's retirement income benefits have commenced, the Member may thereafter change his designated Beneficiary at any time, but may only change his joint pensioner twice. Subject to the restriction in the previous sentence, a Member may substitute a new joint pensioner for a deceased joint pensioner. 3. The consent of a Member's or Retiree's joint pensior er or Beneficiary to any such change shall not be required. The rights of all previously-d signated Beneficiaries to receive benefits under the System shall thereupon cease. 4. Upon change of a Retiree's joint pensioner in accordance with this Section, the amount of the retirement income payable to the Retireq shall be actuarially redetermined to take into account the age of the former joint pensioner, the new joint pensioner and the Retiree and to ensure that the benefit paid is the Actuarial Equivalent of the Membefs present value of the Retiree's then -current ber efit at the time of the change. Any such Retiree shall pay the actuarial recalculation ex enses. Each request for a change will be made in writing on a form prepared by the Bo rd 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 tf a 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 su ject to the following limitations: A. B. 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 tho benefits, if any, will be determined under Section 7. If the designated Beneficiary (or Beneficiaries) c rjoint pensioner dies before the Members Retirement underthe Syste m, 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 r ew election is made in accordance with the provisions of this Section r a new Beneficiary is designated by the Member prior to his Retire Section:: 23 C. If both the Retiree and the Beneficiary (or Beneficiaries) designated by Member or Retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 11. D. If a 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 pursuani 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 Peliee-Offteer Retiree may not change his retireme it option after the date of cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the contrary, theBoard in its discretion, may elect to make a lump sum payment to a Member or a Members Beneficiary in the event that the monthly benefit amount is less than one hundred dollars ($100.00) or the total commuted value of the remaining monthly income payments to be paid do not exceed 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, bind ng and conclusive on all persons. SECTION 11. BENEFICIARIES. 1. Each Member or Retiree may, on a form provided for that purpose, signed and filed with the Board, designate a Beneficiary (or Beneficiaries) t 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 designation -of -beneficiary 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) n med by a deceased Member or Retiree predeceases the Member or Retiree, the death enefit, if any, which 24 • may be payable under the System with respect to such deceased be paid to the estate of the Member or Retiree and the Board, in that the commuted value of the remaining monthly income benefi 3. Any payment made to any person pursuant to this a complete discharge of all obligations under the System with Member and any other persons with rights under the System an review by anyone but shall be final, binding and conclusive on all hereunder. SECTION 12. CLAIMS PROCEDURES. 1. The Board shall establish administrative claims or Retiree, shall discretion, may direct be paid in a lump sum. action shall operate as �gard to the deceased shall not be subject to arsons ever interested res 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 c arged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. Each year and no later than March 15th, the Board shall file an Annual Report with the Division of Retirement containing the documents and informati n required by Section 185.221, Florida Statutes. SECTION 14. ROSTER OF RETIREES. The Secretary of the Board shall keep a record of all perso is enjoying a pension under the provisions of this ordinance in which it shall be noted the ime when the pension is allowed and when the same shall cease to be paid. Additional y, the Secretary shall keep a record of all Paliee Offleers employed by the Munleip ' Members in such a manner as to show the name, address, date of employment and date such employment is terminated. SECTION 15. MAXIMUM PENSION. 1. Basic Limitation. Subject to the adjustments hereinafter set forth, the annual retirement income payable with respect to a Member under exceed one hundred sixty thousand dollars ($160,000). 25 um amount of is System shall not • I • For purposes of applying the above limitation, benefits payable in any form other than a straight life annuity with no ancillary benefits shall tie adjusted, as provided by Treasury Regulations, so that such benefits are the Actuarial E uivalent of a straight life annuity. For purposes of this Section, the following benefits hall 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 pur- poses of the limitation of §415(b)(1) ol the Code. 2. Participation in Other Defined Benefit Plans. The limitation of this Section with respect to any Mem erwho at any time has been a member in any other defined benefit plan (as defined in §4140) of the Code) main- tained by the City shall apply as if the total benefits payable under all defined benefit plans in which the Member has been a member were payable from one (1) plan. 3. Adjustments in Limitations. A. In the eventthe Member's retirement benefits b come payable before age sixty-two (62), the one hundred sixty thou and dollar ($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, 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 re -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 tot the benefit beginning W. • I • at age sixty-five ( 65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 4. Less than Ten (10) Years of Service. The maximum retirement benefits payable underthis Section to any Member who has completed less than ten (10) years of Credited Service with the City shall be the amount determined under subsection 1 of this Section multiplied by a fraction, the numerator of which is the number of the Member's years of Credited Service and the denominator of which is ten (10). The reduction provided for in this subsection shall not be applicable to disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. 5. Ten Thousand Dollar ($10 000) Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limitations set forth in this Section if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable Plan Year and for an prior Plan Year and the City has not at any time maintained a qualified defined contribution plan in which the Member participated. 6. 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 orallocating excess forfeitures fordefined contribution plans n which the Member participated, such reduction to be made first with respect to the plan in Nhich 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. 7. Cost -of -Living Adjustments. The limitations as stated in subsections 1, 2 and 3 herei i shall be adjusted to the time payment of a benefit begins in accordance with any cost-o living adjustments prescribed by the Secretary of the Treasury pursuant to §415(d) of th Code. PYA 0 0 8. 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 A erage 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 o 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 10, U.S. Code. SECTION 16. DISTRIBUTION OF BENEFITS. Notwithstanding any other provision of this System to the contrary, a form of retirement income payable from this System after the Effective Date of this ordinance, shall satisfy the following conditions: 1. If the retirement income is payable before the Members death, A. It shall either be distributed or commence tote Member not later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (70-1/2), or the calendar year in which Member retires, B. The distribution shall commence not later than the calendar year defined above; and a), shall be paid over the lie of the Member or over the lifetimes of the Member and Spouse, isE ue or dependent, or b), shall be paid over the period extending not be and 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 he System shall be distributed no less rapidly than under the form of distribution in effe at the time of the Member's death. 28 LJ is 2. If the Member's death occurs before the distribu System has commenced, the Member's entire interest in the Sj within five (5) years of the Member's death, unless it is to be distri the following rules: A. The Member's remaining interest in the S Spouse, issue or dependent; B. The remaining interest is to be distributed ov issue or dependent or over a period not er expectancy of the Spouse, issue or depende C. Such distribution begins within one (1) year unless the Member's Spouse shall receive tt which case the distribution need not begin be the Member would have attained age sevent, and if the Spouse dies before the distribution this Section shall be applied as if the Spouse SECTION 17. MISCELLANEOUS PROVISIONS. 1. Interest of Members in System. At no time prior to the satisfaction of all liabilities u respect to Retirees and Members and their Spouses or Beneficiarie corpus or income of the Fund be used for or diverted to any purpo; exclusive benefit. 2. No Reduction of Accrued Benefits. No amendment or ordinance shall be adopted by the C of Okeechobee which shall have the effect of reducing the then ves of Members or a Member's Beneficiaries. 3. Qualification of System. It is intended that the System will constitute a qualified under the applicable provisions of the Code, as now in effect or here, modification or amendment of the System may be made retroactiv appropriate, to qualify or maintain the System as a Plan meeting the applicable provisions of the Code as now in effect or hereafter ame applicable provisions of the U.S. federal tax laws, as now in effect or or adopted, and the regulations issued thereunder. 29 n of his interest in the 9m shall be distributed led in accordance with is payable to his r the life of the Spouse, 9nding beyond the life it; and if the Member's death remaining interest in ore the date on which and one-half (70-1/2) o the Spouse begins, ,vere the Member. ler the System with shall any part of the other than for their Council of the City i accrued benefits iublic pension plan ter amended. Any ly, if necessary or :quirements of the ded, or any other 9reafter amended • • 4. Use of Forfeitures. Forfeitures arising from terminations of service of b to reduce future City contributions. 5. Compliance with Chapter 185 Florida Statutes It is intended that the System will continue to qualify fi 185.08, Florida Statutes. Accordingly, unless otherwise required the System which violates the requirements of Chapter 185, Floridi from time to time, shall be superseded by and administered ii requirements of such chapter. SECTION 18. REPEAL OR TERMINATION OF SYSTEM. 1 • This ordinance establishing the System and FL ordinances pertaining to said System and Fund, may be modified, to in whole or in part; provided that if this or any subsequent ordinanc repealed in its application to any person benefiting hereunder, tF which at the time of any such alteration, amendment, or repeal sha Member or Beneficiary shall not be affected thereby, except to the of the Fund may be determined to be inadequate. 2• If this ordinance shall be repealed, or if contributior discontinued or if there is a transfer, merger or consolidation of gover or functions as provided in Chapter 121, Florida Statutes, the Bo. administer the System in accordance with the provisions of this on benefit of the then Members, any Beneficiaries then receiving retirerr any future persons entitled to receive benefits under one of the option ordinance who are designated by any of said Members. In th discontinuance of contributions, or transfer, merger or consolidation c services or functions, there shall be full vesting (100%) of benefits repeal and the assets of the System shall be allocated in an equitable benefits on a proportionate basis to the persons so entitled in ac provisions thereof. 3. The following shall be the order of priority for purpose assets of the System as of the date of repeal of this ordinance, or if c System are discontinued with the date of such discontinuation being Board. A. Apportionment shall first be made in respect of each a retirement or disability benefit hereunderon such c 30 bars shall serve only runa:ng under Section r law, any provision of itatutes, as amended accordance with the Id, and subsequent ninated, oramended, shall be amended or amount of benefits have accrued to the ctent that the assets o to the System are ment units, services 'd shall continue to inance, for the sole %nt allowances, and Provided for in this event of repeal, government units, Iccrued to date of manner to provide :ordance with the of allocating the itributions to the :termined by the Retiree receiving ate, each person C. 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 aggrogate 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 o 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 Memberthen entitled to a deferred benefit who has not, y such date, begun receiving benefit payments, in the amount required to provide said Actuarial Equivalent of the vested portion of the a ccrued normal retire- ment 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 latteramc unts shall be propor- tionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. If there be any asset value after the apportionmen s 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'sAccumulated Contributions, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereundersuch latter amount shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remain- ing asset value. If there be any asset value remaining after the apportionments under paragraphs A, B, and C, apportionment shall I stly be made in respect of each Member included in paragraph C atove to the extent 31 • • of the Actuarial Equivalent of the non -vested accrued normal retirement benefit, less the amount apportioned in paragraph C, based on the Credited Service and Average Final Compensation as of such date, provided that, if such remaining sset value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. E. In the event that there be asset value remaining after the full apportionment specified in paragraphs A, B, C, and D, such excess shall be returned to the City, less return of the State's contributions to the State, provided that, if the excess is less than the total contributions made by the City and the State to the date of termination such excess shall be divided proportionately to the total contributions made by the City and the State The allocation of the Fund provided for in this subs ction 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 (1) sum to the persons entitled to said benefits or the distribution may be carried out in such other equitable manner as the Board may direct. The Fund may be continued in existence for purposes of subsequent distributions. If, at any time during the first ten (10) years after the effective date of the ordinance originally establishing this System, the System shall be terminated or the full current costs of the System shall not have been met, anything in the System to the contrary notwithstanding, City contributions which may be used for the benefit of any one (1) of the twenty-five (25) highest paid Members on the effective date, whose anticipated annual retirement allowance provided by the City's contributions at Mem er's normal retirement date would exceed one thousand five hundred dollars ($1,500), shall not exceed the greater of either a) twenty thousand dollars ($20,000), or b), an amount computed by multiplying the smaller of ten thousand dollars ($10,000) or twenty percent (20%) of such Member's average annual earnings during his last five (5) years of ervice by the number of years of service since the effective date. In the event that it sh II hereafter be deter- mined by statute, court decision, ruling by the Commissioner of Internal Revenue, or otherwise, that the provisions of this paragraph are not then nec System under the Code, this paragraph shall be ineffective without t amendment of this ordinance. 32 ry to qualify the necessity of further 4. After all the vested and accrued benefits provided hE reunder have been paic and after all other liabilities have been satisfied, then and only then shall any remaininc funds revert to the general fund of the City. SECTION 19. DOMESTIC RELATIONS ORDERS; RETI IEE DIRECTED P ASSIGNABTLITY. 1. Domestic Relations Orders A. Prior to the entry of any domestic relations order which affects or purports to affect the S stem's responsibility in connection with the or Retiree shall submit payment of benefits of a Retiree the Member determine whether the the proposed order to the Board for review to System may legally honor the order. B. If a domestic relations order is not submitted to the Board for review prior to entry of the order, and the System is ordered to take action ends administrative or that it may not legally take and the System ex Dr Retiree who submits le al fees in resolving the matter, the Member the System for its such an order will be required to reimburse expenses in connection with the order. 2. Retiree Directed Payments. The Board may, upon written request by a Retiree or by a dependent, when authorized by a Retiree or the Retiree's Beneficiary, authorize the S stem to withhold from the monthly retirement payment those funds that are necessary o pay for the benefits being received throw h the City, to pay the certified bar ainin a ent of the City, and to make any payments for child support or alimony. 3. Exemption from Execution. Non -Assignability Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the Accumulated Contributions and the cash securities in the Fun j created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be iubject to execution, attachment, garnishment or any legal process whatsoever and shall )e unassignable. SECTION 20. PENSION VALIDITY. The Board shall have the power to examine into the facts upon which any pension ;hall heretofore have been granted under any prior or existing law, or shall hereafter be (ranted or obtained erroneously, fraudulently or illegally for any reason. The Board is mpowered to purge the pension rolls or correct the pension ar iount of any person 33 • I • 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 orwho shall hereafter underthis 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 21. FORFEITURE OF PENSION. 1. Any Member who is convicted of the following offer ses committed prior to Retirement, orwhose employment is terminated by reason of his ac mitted 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 the I by a public officer or employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes. E. The committing of an impeachable offense. F. The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through of the power, rights, privileges, duties or positi or employment position. 2. Conviction shall be defined as an adjudication of guilt b jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of gu of guilt is withheld and the accused is placed on probation; or a cor of an impeachable offense. 3. Court shall be defined as any state or federal court of which is exercising its jurisdiction to consider a proceeding 34 use or attempted use m of his public office a court of competent y when adjudication iction by the Senate petent jurisdiction ving 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 ang being considered for forfeiture. Said Member shall be afforded the right to have an alto ey present. No formal rules of evidence shall apply, but the Member shall be afforded a fL II opportunity to present his case against forfeiture. 4. Any Member who has received benefits from the System in excess of his Accumulated Contributions after Member's rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in excess of his Accumulated Contributions, but without interest. The Board may implement all legal action necessary to recover such funds. SECTION 22. CONVICTION ANn FnRFFITI IQF• CAI cr "101 �AMI.I...,r. 1. It is unlawful for a person to willfully and knowingly make, or cause to be made, orto assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit from the System. 2. A person who violates subsection 1 commits a mi demeanor of the first degree, punishable as provided in Section 775.082 or Section 775 083, Florida Statutes. 3. In addition to any applicable criminal penalty, upon conviction for a violation described in subsection 1, a Member or Beneficiary of the System may, in the discretion of the Board, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under the System. For purpoi es of this subsection, "conviction" means a determination of guilt that is the result of a p ea or trial, regardless of whether adjudication is withheld. SECTION 23. INDEMNIFICATION. 1. To the extent not covered by insurance contracts in force from time to time, the City shall indemnify, defend and hold harmless members of the Board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "c aims", against these individuals because of acts or circumstances connected with or ads ng out of their official duty as members of the Board. The City reserves the right, in its so a discretion, to settle or not settle the claim at any time, and to appeal or to not app I from any adverse judgment or ruling, and in either event will indemnify, defend an hold harmless any members of the Board from the judgment, execution, or levy thereo . 35 2. This Section shall not be construed so as to relieve or other entity liable to defend the claim or liable for payment of tt any liability, nor does this Section waive any provision of law al from any suit in whole or part, or waive any other substantive or may have. 3. This Section shall not apply nor shall the City be res to defend or pay for claims arising out of acts or omissions of mem constitute felonies or gross malfeasance or gross misfeasance it SECTION 24. TRANSFERS WITHIN THE CITY. If a member of any of the City's three (3) retirement syster the other two (2) systems, he must choose one (1) of the following to Credited Service accrued to date of transfer. 1. The Member may take a refund of his Accumulated event no pension benefit shall be payable based on Credited Se period covered. 2. The member may leave his Accumulated Contri event his Credited Service with both systems shall be determining eligibility for benefits and for vesting. When the mem a benefit, he shall receive benefits from both systems, which s benefits under each system based on the provisions of the rest earnings and Credited Service under that system. The years or fractional parts of years that a Police Officer s active duty in the active military service of the Armed Forces of United States Merchant Marine or the United States Coast involuntarily, honorably or under honorable conditions, prior to first with the City Police Department shall be added to his years of Cre that: 1. The Member contributes to the Fund the sum that he oasea on nis Salary and the Member contribution rate in effect at tl Service is requested, had he been a member of the System for the of years forwhich he is requesting credit plus amounts actuarially d crediting of service does not result in any cost to the Fund plus I professional services rendered to the Board in connection with tF Credited Service. 36 my insurance company udgment or claim, from rding the City immunity ocedural rights the City )onsible in any manner )ers of the Board which office. is transfers to either of )rocedures with regard :,ontributions, in which vice attributable to the is in the fund, in which ned for purposes of er is eligible to receive all consist of accrued active system and the ENT. ryes or has served on ie United States, the 3uard, voluntarily or ind initial employment ited Service provided wld have contributed, time that the Credited ars or fractional parts armined such that the iment of costs for all purchase of years of 2. Multiple requests to purchase Credited Service purs antto 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 ate, 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 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER 1. Rollover Distributions. A. General. This Section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the plaft System to the contrary that would otherwise limit a dis ributee'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 bythe distributee in a direct rollover. B. Definitions. (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 (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 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 37 contribution plan described in sectio 1 401(a) or 403(a) that agrees to separately account fora nounts 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. (2) Eligible Retirement Plan: An eligibl 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 plai described in section 403(a) of the Code, an eligible defer ed compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in se ion 457(e)(1)(A) of the Code and which agrees to separatele account for amounts transferred into such plan from this pi 3n, 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. This definition shall also apply in the case of an eligible rol over distribution to the surviving Spouse. (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. (4) 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 of purchasing Credited Service as provided herein, permissible Member requested transfers of funds from other retirement or pension plans, Member rollover cash contributions and/or direct cash rollovers of distributions made on o after January 1, 2002, as follows: A. Transfers and Direct Rollovers or Member Rollover Contributions from Other Plans. The System will accept either a direct rollover of an eligible rollover distribution or a Member contribution of an eligible rollover distribution from a qualified plan desc ibed in section 401(a) 38 • • or 403(a) of the Code, from an annuity conti 403(b) of the Code or from an eligible plan un Code which is maintained by a state, politic or any agency or instrumentality of a state c a state. The System will also accept lega requested transfers of funds from other retin described in section ler section 457(b) of the I subdivision of a state, political subdivision of permissible Member or pension plans. B. Member Rollover Contributions from IRAs. the system will accept a Member rollover contribution of the portion f a distribution 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 gross income. 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, orthe 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,. based on his Salary and the Member contribution rate in effect at the time that the Credited Service is requested, had he been a memberof the System forthe ears orfractional parts of years forwhich 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 th 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 request for credit, but not later than the retirement in one (1) lump sum payment upon receipt of which Credited Se 4. The maximum credit under this Section for service of Okeechobee shall be five (5) years of Credited Service and shall except vesting and eligibility for not -in -line of duty disability benei 39 , and shall be made shall be given. r than with the City nt for all purposes, There shall be no • 0 maximum purchase of credit for prior service with the City of OkeE chobee and such credit 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 municipal, county or state law enforcement department, if such prior service forms or will form the basis of a retirement benefit or pension from anether a different employer's retirement system or plan as set forth in Section 15, subsection 8.13. 1. Definitions. As used in this Section 28. the A. "DROP" — The City of Okeechobee Pol ce Officers' Deferred Retirement Option Plan. B. "DROP Account" -- The account established for each DROP participant under subsection 3. 2. Participation. A. EligibilityEligibillLy to Participate. In lieu of terminating his employment as a Poli a Officer, any Member who is eligible for normal defer receipt of such sery the DROP. B. Election to Participate. A Members election to [ a time and manner c on the first day of the in the DROP C. Period of Participation A Member who elects to participate in the DROP 2.B., shall participate in the DROP fora Period n 60 months beginning at the time his election to DROP first becomes effective. An election to p irtic shall constitute an irrPvnrahla Pharfinn fn racirin f. the City not later than the date provided for it A Member may participate only once 40 to nade in 'hall be at least wer to e ticipate in e in the DF the servic • D. Termination of Participation. 1 A Member's participation in the DROP • shall cease at the earlier of: a the end of his ermissible Peri d of Participation in the DROP as determined under subsection b termination of his am to ment 2.C.• or as a Police Officer. 2 Upon the Member's termination of pa ticipation in the DROP pursuant to subsection a above all amounts subsection 3.6., includina monthly benefits earnings and losses or interest shall from the System to his DROP Account. remaining in his DROP Account shall accordance with the Provisions of s terminates his employment as a Police 3 A Memberwho terminates his participa Provided for in and investment ease to be transferred Any amounts be paid to him in bsection 4. when he Officer. ion in the DROP under this subsection 2.D. shall not be permitted Participant in the DROP E. Effect of DROP Participation on the Svstem to a ain become a benefit under 1 A Member's Credited Service and his accrued the System shall be determined on the participate in the DROP first becomes a shall not accrue any additional Crec additional benefits under the System ex benefits provided under any cost -of -living Retirees in the System) while he is a pa After a Member commences participalion permitted to again contribute to the System eli iblefordisabilit or re -retirement death provided for in Section 29 Reem tom 2 No amounts shall be paid to a Member from date his election to fective. The Member ited Service or an a tfor any additional ad'ustment for ticipant in the DROP. he shall not be nor shall he be benefitsexce tas nt After Retirement. the System while the Member is a participant in the DRO specified in the System, if a Member' DROP is terminated other than byterminating as a Police Officer, no amounts shall be System until he terminates his employment 41 3. Unless otherwise artici ation in the his employment paid to him from the as a Police Officer. • • in from the System to the Member's DROP Account shall be paic directly to the Member only on he termination of his employment as a Police Officer. 3. Funding. A. Establishment of DROP Account A DROP Account shall be established for eac h Member participating in the DROP. A Member's DROP Accounts iall consist of amounts transferred to the DROP under subsection 3.B. and eamin s or interest on those amounts. B. Transfers From Retirement System. 1 As of the first day of each month of a Member's pedod of participation in the DROP the monthlY retirement benefit he would have received under the System had he terminated his employment as a Police Officer and ele ed to receive month) benefit payments thereunder shall be transferred to his DROP Account, except as otherwise provi ed for in subsection 2). A Member's period of particip tion in the DROP shal letermined in accordance with the provisions of actions 2.C. and 2.D., but in no event shall it continue pasi ate he terminates his ern to men as a Police Officer. )t as otherwise provided in s bsection 2.D.2 a )er's DROP Account under this -subsection 3.13. shall be :d or credited after each fiscal ye r quarter with either: Interest at an effective rate of six and one-half percent 6.5%per annum compounded monthly on the prior month's ending balance; or Eamings, determined as follows: The average daily balance in a Member's DROP Account shall be credited or debited at a rate equal to the net investment return realized by the System for that quarter. "Net investment re"for the purpose of this paragraph is the total return of the assets in which the Member's DROP Account is i — opri by tho Rnord 42 • ri • management fees. electing Participation in the DROP, the Member shall receive either interest or eami as on his armiint to ha ber elect to change his election only once during his DROF participation. An election to change m ist be made prior to the end of a quarter and shall be effective beginning the following quarter. A Member's DROP Account shall only be credited or debited with earnings or interest and monthly benefits while the Member is a participant in the DROP. A Member's final DROP account value for distribution to the Member upon termination of participation in the DROP shall bet the value of the account at the end of the quarter immediately precedingtermination of Participation plus any monthiv Periodic additions made to the DROP account subsequent to the end f the previous quarter and prior to distribution. If a Member fails to terminate em to ment after participating in the DROP forthe permissible 3eriod of DROP participation, then beginning with the Vember's 1st month of employment following the last month of he permissible period of DROP participation, the Member's )ROP Account will no longer be credited or debited with :amin s or interest nor will monthly be iefits be transferred to he DROP account. All such non-transfe rred amounts shall be Drfeited and continue to be forfeited hile the Member is im to ed by the Police Department, and no cost -of -living d'ustments shall be applied to the Member's credit during uch period of continued em to ment. A Member employed y the Police Department after the p rmissible Deriod of uKutr participation will be eligible for disability benefits, and will accrue adi only as provided for in Section 29 43 4. Distribution of DROP Accounts on Termination of �mplovment. A. Eligibility for Benefits A Member shall receive the balance in his DROP Account in accordance with the provisions of this subsection 4. upon his termination of employment as a Police Officer. Except as provided in subsection 4.D., no amounts shall be paid to a Member from the DROP prior to his termination of em to men as a Police Officer. B. Form of Distribution 1 Unless the Member elects otherwise istribution of his DROP Account shall be made in a lump sum,subject to the direct rollover provisions set forth in subsecti n 4.G. A Member may, however, elect in such time and manner as the Board shall prescribe, that his DROP distribution be used to purchase a nonforfeitable fixed annuity payable in such form as the Member may elect. Elections under thi 9 paragraph shall be in writing and shall be made in such time r manner as the Board shall determine. If the annul form sel acted is not a qualified joint and fifty percent 50% survivor anr uity with the Members Spouse as the Beneficiary, the annuity payable to the Member and thereafter to his Beneficiary shall be subject to the incidental death benefit rule as d scribed in Section 401 a 9 G of the Code and its a li ble re ulations. 2 If a Member dies before his benefit is pa d his DROP Account shall be paid to his Beneficiary in suc i optional form as his Beneficiary may select. If no Beneficial), designation is made the DROP Account shall be distributed tc the Members estate. C. Date of Payment of Distribution 1 Except as otherwise provided in this subsection 4., distribution of a Members DROP Account shall be made as soon as gdministrativelY Dracticablefollowin the ember's termination of employment. 1131 In lieu of a distribution as described in DaraaraDh 1 above a Member may. in accordance with Qijf nr.,..vA.— -- 4u- t5oarg snau Prescribe, elect to have t e distribution of his DROP Account made as of the first day of anv month 44 1 or following his before the distribution date elected by the Member to the extent necessa to comply with the provisions of subsections 4.D. and 4.F. no event shall the provisions of subsection . operate so as to allow distribution of a Member's DROP Account to be later than the ril 1 following the later of the calendar yea in which he terminates employment as a Police Officer or he attains age seventy and 9-half 70-1/2 . In the event a Member is required to receive ment while in service under the provisions of this subsection D. shall receive one lump sum payment on or before his required iinninq date eaual to his entire DROP Aceni inf hni- .end �.... d of evidence of the right of any Beneficiary or other Person to receive the value of a deceased Memhar's nRr)p aeem proper and its determination of the right of that Beneficiary c other person to receive Payment shall be con lusive. F. Distribution Limitation. Notwithstanding any other provision of subsect on 4., all distribution: from the DROP shall conform to the regulations issued under Sectior 401 a 9 of the Code including the inci ental death benefi Provisions of Section 401 a 9 G of the Code. Further, such regulations shall override any DROP provision & at is inconsistent with Section 401(a)(9) of the Code G. Direct Rollover of Certain Distributions. This subsection applies to distributions made on or after January 1 2002. Notwithstanding any provision of the DROP to the contrary, a distributee may Alp& fn hwc .—--.4;-- - _- 45 • distribution paid in a direct rolls System in Section 26. 5. Administration of DROP A. Board Administers the DROP The general administration ofthf t th • led u ou a provisions of the DROP ana the res onsibility of overseein the investment of the DROP's assets shall be placed in the Board. The members of the Board may appoint from their number such subcommittees with such powers as they shall determine; may adopt such administrative procedures and regulations as they deem desirable for the conduct of their affairs; may authorize one or more of their number or any agent to execute or d liver any instrument or agents and provide for such clerical accounting,actuarial and consulting services as they may require in canying out the provisions of the DROP; and may allocate among the iselves or delegate to other persons all or such portion of their duties under the DROP. their sole discretion, shall decide. A Truste question relating exclusively to himself. B. Individual Accounts Records and Re orts. The Board shall maintain records showing the of the DROP including records showing the each Member's DROP Account and the convenient form such data as may be neces., the assets and liabilities of the DROP The E distribute to Members participatina in the DRC be, all necessary descriptions required to be distributed or file and any other applicable laws C. Establishment of Rules Subiect to the limitatinns of thr. 46 and in shall prepare and to time nd the • • its an The determination of the or its determination of am final to the extent permitt D. Limitation of Liabilit . (1) The Trustees sha behalf of any othe made in good faith DROP. responsible for any re employed by the Bc thereon as well as on or an actuary, and on be fully protected with by it in good faith in r reliance shall be in the DROP. 6. General Provisions A. Amendment of DROP. The DROP may be ame and from time to time. not 3 to be it in the D to the interpretation of the .1 Tor any act or failure to act, the DROP or the funds of the istee of the Board shall be ,hed b any expert retained or ley shall be entitled to rely ken an ordinance of the City at anv time rt anv olr all of of the DROP. However, except as otherwise I provided by law. no balance of the DROP Account of any Member. 47 0 B. Facility of Payment If a Member or other c unable to care for his only to a dul shall be a G benefit. C. Information. D. Prevention of Escheat If the Board cannot ascertain the wh a payment is due under the DROP three (3) years from the date such such due and owing payment to t Person, as shown on the records c person has not made written claim tt the date of the mailing the Board receiving advice from counsel to the.' a or on Boa ess or due hii so it nt or is a be made to ier than iotice of of such If such and all remaining payments otherwise due such person be canceled on the records of the System. Upon such ca icellation, the System shall have no further liability therefor except t iat in the event such person or his Beneficiary later notifies the Board of his whereabouts and reguests the payment or payments due to him under the DROP the amount so applied shall be paid to him in accord, provisions of the DROP. E. Written Elections Notification (1) Any elections notifications ordesigi pursuant to the provisions of the writing and filed with the Board ie to 48 e and applicat ryes the with er in elections or designations by Members under the DROP if it determines after due deliberation thatsuch action is 'ustified in that it improves the administration oft a DROP. In the event of a conflict between the provisions Ibr making an election notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. Each Member or Retiree who has a CROP Account shall be responsible for furnishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a Member or Re raa hpral inrlar choll hn to the Board and mailed by registered oi certified United State; mail. If any check mailed by re iste ed or certified Unitec States mail to such address is returned mailing of checks wil be suspended until such time as th Member or Retiree notifies the Board of his address. F. Benefits Not Guaranteed All benefits payable to a Member from the DROP shall be paid only from the assets of the Member's DROP Accou it and neither the City nor the Board shall have any duty or liability to I urnish the DROP with any funds securities or other assets except to he extent required b any applicable law. G. Construction 1 The DROP shall be construed regulated and administered under the laws of Florida except where other applicable law controls. 2 The titles and headings of the subsectic ns in this Section 28 are for convenience only. In the c se of ambiguity or inconsistency,the text rather than the tit es or headings shall control. H. Forfeiture of Retirement Benefits. Nothino in this Sactinn shall ha cnnc+-A +., no^n 49 • to the System. DROP participants shall be subject retirement benefits including DROP benefits. I. Effect of DROP Participation on Employment. 0 to forfeiture of all a of employment and Participation in the DROP is not a uarant DROP participants shall be subject tote standards and policies that are applicable to DROP participants. SECTION 29. REEMPLOYMENT AFTER RETIREMENT same employment employees who are not tirement as previously 1. Any retiree under this system, except for disabilityr provided for may be reemployed by any public or private employer, except the City, and may receive compensation from that em to ment without limiting r restricting in any wa the retirement benefits payable under this System. Reem tom nt by the City shall be subiect to the limitations set forth in this Section 2. After Normal Retirement. Any Retiree who is retired tinder normal or earl retirement pursuant to this System and who is reemployed as a Police Officer and b virtue of that reemployment, is eligible to participate in this System, shall upon being reemployed, discontinue receipt of benefits. Upon reemployment, the Member shall be deemed to be fully vested and the additional Credited Service accrued during the subsequent employment period shall be used in computing a s cond benefit amount attributable to the subsequent employment period, which benefit arnount.shall be added to the benefit determined u on the initial retirement to determine the total benefit payable upon final Retirement. Calculations of benefits upon Retirement shall be based upon the benefit accrual rate Average Final Compensation, and Credited Service and earl retirement reduction factor, if applicable) as of that date and the retirement benefit amount for any subse uent employment period shall be based upon the benefit accrual rate Average Final Compensation based only on the subsequent emplolement period and not including any period of DROPparticipation),and Credited Serviceand early retirement reduction factor, if applicable) as of the date of subsequent retirement. The amount of an death or disabili benefit received during a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid f r a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retiremen except as otherwise provided herein but the retiree may select a different optional form and joint pensioner applicable only to the subsequent retirement benefit 50 • • is penoa. Former D circumstances. 4. After F shall ie of hi; a secor reurement- as used in th for under this system 5. Reemnlnv as in a of h aGldIUI I dna melt status as an early or elect to begin to receive their benefit 6. DROP Participants Me Retirement Option Plan shall. folli bmbkOA%02-17-05.ord Ns of 51 n as a Police riod of any si i receipt of mate in this i tion 2. above a emDlovment r ern ms of of be ses of shall h ch time as A • 0 EXHIBIT 6 ORDINANCE NO. 889 AN ORDINANCE OF THE CITY OF OKEI AMENDING THE CITY OF OKEECHOBEE M FIREFIGHTERS' PENSION FUND, ADOPTED PI TO ORDINANCE NO.750, AS SUBSEQUENTLY A PROVIDING FOR DEFINITIONS; PROVIDII MEMBERSHIP; PROVIDING FORA BOARD OF TF PROVIDING FOR FINANCES AND FUND MANA PROVIDING FOR CONTRIBUTIONS; PROVID BENEFIT AMOUNTS AND ELIGIBILITY; PROVIC PRE -RETIREMENT DEATH BENEFITS; PROVIC DISABILITY BENEFITS; PROVIDING FOR VES BENEFITS; PROVIDING OPTIONAL FORMS OF B PROVIDING FOR BENEFICIARIES; PROVIDING PROCEDURES; PROVIDING FOR REPORTS DIVISION OF RETIREMENT; PROVIDING FOR A OF RETIREES; PROVIDING FOR A MAXIMUM LIMITATION; PROVIDING FOR DISTRIBUT BENEFITS; PROVIDING MISCELLANEOUS PRO PROVIDING FOR REPEAL OR TERMINATION SYSTEM; PROVIDING FOR DOMESTIC RE ORDERS; RETIREE DIRECTED PAYMENTS; EXI FROM EXECUTION AND NON -ASSIGNABILITY; PR FOR PENSION VALIDITY; PROVIDING FOR FOR OF PENSION UNDER CERTAIN CIRCUMS' PROVIDING FOR CONVICTION AND FORFEITURE MISLEADING OR FRAUDULENT STATE PROVIDING FOR INDEMNIFICATION AND DEFE CLAIMS; PROVIDING FOR TRANSFERS WITHIN T PROVIDING FOR PURCHASE OF CREDIT FOR h SERVICE PRIOR TO EMPLOYMENT; PROVIDI DIRECT TRANSFERS OF ELIGIBLE RO DISTRIBUTIONS; PROVIDING FOR PURCHASE OF FOR PRIOR FIRE SERVICE; PROVIDING DEFERRED RETIREMENT OPTION PLAN; PROVID REEMPLOYMENT AFTER RETIREMENT; PROVID CODIFICATION; PROVIDING FOR SEVERABIL PROVISIONS; REPEALING ALL ORDINAN( CONFLICT HEREWITH AND PROVIDING AN EFF DATE. WHEREAS, the City of Okeechobee Firefighters are preser certain other benefits under Ordinances of the City of Okeecho6 WHEREAS, the City Council desires to clarify and resta Firefighters' Retirement Plan to consolidate all prior ordinances a to incorporate Federal law and the current applicable provisions Statutes; NOW, THEREFORE, BE IT ORDAINED before the City MARCH 15, 2005 :CHOBEE JNICIPAL IRSUANT VIENDED; IG FOR USTEES; 3EMENT; NG FOR ING FOR ING FOR TING OF :NEFITS; CLAIMS TO THE ROSTER 'ENSION ON OF /ISIONS; OF THE .ATIONS MPTION DVIDING =EITURE "ANCES; ,FALSE, MENTS; NSE OF AE CITY; ILITARY JG FOR .LOVER CREDIT FOR A NG FOR NG FOR ITY OF :ES IN ECTIVE provided pension and and; the provisions of the Code provisions and Chapter 175, Florida ncil for the City of Okeechobee, Florida; presented at a duly advertised public me ting; and passed by majority vote of the City Council; and properly executed by the Mayo or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee Retirement Systi adopted by Ordinance 750, and as subsequently amended, be and 1 and restated as set forth in the document designated CITY for Firefighters as he same is amended OF OKEECHOBEE • ORDINANCE NO. 889 AN ORDINANCE OF THE CITY OF OKEE AMENDING THE CITY OF OKEECHOBEE Mt FIREFIGHTERS' PENSION FUND, ADOPTED PL TO ORDINANCE NO.750, AS SUBSEQUENTLY AP PROVIDING FOR DEFINITIONS; PROVIDIN MEMBERSHIP; PROVIDING FORA BOARD OFTR PROVIDING FOR FINANCES AND FUND MANA( PROVIDING FOR CONTRIBUTIONS; PROVIDII BENEFIT AMOUNTS AND ELIGIBILITY; PROVID PRE -RETIREMENT DEATH BENEFITS; PROVIDI DISABILITY BENEFITS; PROVIDING FOR VES' BENEFITS; PROVIDING OPTIONAL FORMS OF BE PROVIDING FOR BENEFICIARIES; PROVIDING PROCEDURES; PROVIDING FOR REPORTS DIVISION OF RETIREMENT; PROVIDING FOR A OF RETIREES; PROVIDING FOR A MAXIMUM F LIMITATION; PROVIDING FOR DISTRIBUTI BENEFITS; PROVIDING MISCELLANEOUS PRO\ PROVIDING FOR REPEAL OR TERMINATION SYSTEM; PROVIDING FOR DOMESTIC REI. ORDERS; RETIREE DIRECTED PAYMENTS; EXE FROM EXECUTION AND NON -ASSIGNABILITY; PRi FOR PENSION VALIDITY; PROVIDING FOR FORF OF PENSION UNDER CERTAIN CIRCUMSI PROVIDING FOR CONVICTION AND FORFEITURE MISLEADING OR FRAUDULENT STATEI PROVIDING FOR INDEMNIFICATION AND DEFE CLAIMS; PROVIDING FOR TRANSFERS WITHIN TI PROVIDING FOR PURCHASE OF CREDIT FOR M SERVICE PRIOR TO EMPLOYMENT; PROVIbIP DIRECT TRANSFERS -OF ELIGIBLE ROI. DISTRIBUTIONS; PROVIDING FOR PURCHASE OF FOR PRIOR FIRE SERVICE; PROVIDING DEFERRED RETIREMENT OPTION PLAN; PROVIDI REEMPLOYMENT AFTER RETIREMENT; PROVIDI CODIFICATION; PROVIDING FOR SEVERABIL PROVISIONS; REPEALING ALL ORDINANC CONFLICT HEREWITH AND PROVIDING AN EFF DATE. WHEREAS, the City of Okeechobee Firefighters are p certain other benefits under Ordinances of the City of Okeecho iOBEE ICIPAL [ENDED; G FOR JSTEES; ;EMENT; JG FOR NG FOR NG FOR 'ING OF NEFITS; CLAIMS rO THE =NSION )N OF ISIONS; )F THE 4TIONS APTION ,VIDING =1TURE %NCES; FALSE, TENTS; JSE OF E C ITY; LITARY G FOR -OVER :OR A VG FOR 4G FOR TY OF ES IN provided pension and and; WHEREAS, the City Council desires to clarify and restatel the provisions of the Firefighters' Retirement Plan to consolidate all prior ordinances to incorporate Federal law and the current applicable provisions Statutes; NOW, THEREFORE, BE IT ORDAINED before the City t Okeechobee, Florida; presented at a duly advertised public me majority vote of the City Council; and properly executed by the Mayo Presiding Officer for the City: SECTION 1: That the City of Okeechobee Retirement adopted by Ordinance 750, and as subsequently amended, be and I and restated as set forth in the document designated CITY Code provisions and Chapter 175, Florida ouncil for the City of sting; and passed by or designee, as Chief :m for Firefighters as he same is amended OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, attachec hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this 1 th day of March, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk Passed on second and final reading this 5th day of April, ATTEST: Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attomey • TABLE OF CONTENTS 1. DEFINITIONS 2. MEMBERSHIP 3. BOARD OF TRUSTEES 4. FINANCES AND FUND MANAGEMENT 5. CONTRIBUTIONS 6. BENEFIT AMOUNTS AND ELIGIBILITY 7. DEATH BENEFITS 8. DISABILITY 9. VESTING 10. OPTIONAL FORMS OF BENEFITS 11. BENEFICIARIES 12. CLAIMS PROCEDURES 13. REPORTS TO DIVISION OF RETIREMENT 14. ROSTER OF RETIREES 15. MAXIMUM PENSION 16. DISTRIBUTIONS OF BENEFITS 17. MISCELLANEOUS PROVISIONS 18. REPEAL OR TERMINATION OF SYSTEM 19. DOMESTIC RELATIONS ORDERS; RETIREE DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION, NON-ASSIGNAB 20. PENSION VALIDITY 21. FORFEITURE OF PENSION 22. CONVICTION AND FORFEITURE; FALSE, MISLEAC OR FRAUDULENT STATEMENTS 23. INDEMNIFICATION 24. TRANSFERS WITHIN THE CITY 25. MILITARY SERVICE PRIOR TO EMPLOYMENT 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS 27. PRIOR FIRE SERVICE 28. DEFERRED RETIREMENT OPTION PLAN 29. REEMPLOYMENT AFTER RETIREMENT ING PAGE NUMBER 1 3 4 6 10 11 13 14 21 22 25 25 25 26 26 29 30 30 33 34 34 36 36 37 37 38 40 41 51 • • CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUS FUND SECTION 1. DEFINITIONS. 1. As used herein, unless otherwise defined or requ red by the context, the following words and phrases shall have the meaning indicated: Accumulated Contributions means a Member's own cimtributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum through October 30, 2003 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, any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and any payment representing interest and any required actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the crediting of interest. Actuarial Equivalent means that any benefit payable nder 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 eight percent (8%) interest and the 1983 Group Annuity Mortality Table for Males. Average Final Compensation means one -twelfth (1/12 of the average Salary of the five (5) best years of the last ten (10) years of Credited Service prior to retirement, termination, or death, or the career average as a full-time Firefighter, whichever is greater. A year shall be twelve (12) consecutive months. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a Member who has or have been designated in writing by the Member and filed with the Board. If no such designation is in effect, or if no person so designated is living, at the time of death of the Member, the Beneficiary shall be the estate of the Member. Board means the Board of Trustees, which shall admini ter and manage the System herein provided and serve as trustees of the Fund. g!y means City of Okeechobee, Florida. Code means the Internal Revenue Code of 1986, as amended from time to time. 1 • C� Credited Service means the total number of year, years of service as a Firefighter with Member contributions I intervening years or fractional parts of years when such Member I City as a Firefighter. A Member may voluntarily leave his Accumul Fund for a period of five (5) years after leaving the employ of the F the possibility of being reemployed as a Firefighter, without losin! he was a Member of the System. If a vested Member leaves Department, his Accumulated Contributions will be returned only L If a Member who is not vested is not reemployed as a Firefighter H within five (5) years, his Accumulated Contributions shall be retu Member's Accumulated Contributions, all of his rights and benefit, forfeited and terminated. Upon any reemployment, a Firefighter sh the years and fractional parts of years of service for which Accumulated Contributions from the Fund, unless the Firefighter re contributions he has withdrawn, with interest, as determined by tl (90) days after his reemployment. The years or fractional parts of a year that a Membe service of the Armed Forces of the United States, the United Stat( the United States Coast Guard, voluntarily or involuntarily, employment as a Firefighter with the City to perform training or sen his years of Credited Service for all purposes, including vesting, pr A. The Member must return to his employment one (1) year from the earlier of the date of his m release from active service. B. The Member is entitled to reemployment under Uniformed Services Employment and Reem (AUSTERE), (P.L.103-353). C. The maximum credit for military service pursu, shall be five (5) years. Effective Date means April 20, 1993. Firefighter means an actively employed full-time person including his initial probationary employment period, who is certified condition of employment in accordance with the provisions of §633. and whose duty it is to extinguish fires, to protect life and to protect 2 and fractional parts of hen required, omitting as not employed by the led Contributions in the 'e Department pending credit for the time that he employ of the Fire ion his written request. :h the Fire Department red. Upon return of a under the System are II not receive credit for e has withdrawn his )ays into the Fund the a Board, within ninety serves in the military ; Merchant Marine or ter separation from :m, shall be added to vided that: s a Firefighter within tary discharge or his the provisions of the loyment Rights Act nt to this paragraph Toyed by the City, a Firefighter as a Florida Statutes, Fund means the trust fund established herein asp 3rt of the System. Member means an actively employed Firefighter w o 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 orwho retire priorto the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan Year means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Retiree means a Member who has entered Retirement Status. Retirement means a Member's separation from Mty employment with eligibility for immediate receipt of benefits under the System or nt into the Deferred Retirement Option Plan. Salary means the basic compensation paid by the City to a Member, plus all tax deferred, tax sheltered and tax exempt items of income derived f om elective employee payroll deductions or salary reductions otherwise includible in basic compensation. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a M mber before the first plan year beginning after December 31, 1995. Spouse means the lawful wife or husband of a Membef or Retiree at the time benefits become payable. System means the City of Okeechobee Municipal Firefi hters' Pension Fund as contained herein and all amendments thereto. 2. Masculine Gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. SECTION 2. MEMBERSHIP. 1. Conditions of Eligibility. A. All Firefighters as of the Effective Date, and all fut ire new Firefighters, shall become Members of this System as a cond tion of employment. 3 • I • B. All future new Firefighters shall be requirec to complete a medical examination as prescribed by the City. 2. Designation of Beneficiarv. Each Firefighter shall complete a form prescribed b the Board providing for the designation of a Beneficiary or Beneficiaries. SECTION 3. BOARD OF TRUSTEES. 1. The sole and exclusive administration of and resp risibility for the proper operation of the System and for making effective the provisions of his ordinance is hereby vested in a Board of Trustees. The Board is hereby designated a the plan administrator. The Board shall consist of five (5) Trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the City, who shall be appointed by the Okeechobee City Council, and two (2) of whom shall be full-time Firefighter Members of the System, who shall be elected by a majority of the Firefighters who are Members of the System. The fifth Trustee shall be chosen by a majority of the previous four (4) Trustees as provided for herein, and such person's name shall be submitted to the Okeechobee City Council. Upon receipt of the fifth person's name, the Okeechobee City Council sha I, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four (4) Trustees appointed or elected as herein provided and shall serve a two (2) year term unless he sooner vacates the office. Each resident Trustee shall serve as Trustee for a period of two (2) years, unless he sooner vacates the office or is sooner replaced by the Okeechobee City Council at whose pleasure he shall serve. Each Member Trustee shall serve as Trustee for a p riod of two (2) years, unless he sooner leaves the employment of the City as a Firefighter or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office. DROP artici ants can be elected as and vote for elected Trustees. The Board shall establish and administer the nominating and election procedures after for each election. The Boa rd shall meet at least quarterly each year. The Board shall be a legal entity with, in additior 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 a ions, proceedings, or hearings of the Board. The Trustees shall not receive any compe sation as such, but may receive expenses and per diem as provided by law. 4 3. Each Trustee shall be entitled to one (1) vote on the Board. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall he—`n;e„ 'ght-ta abstain from voting as he result of a conflict of interest and shall comply with the provisions of Section 112.3143, Florida Statutes. 4. The Board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the System. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree. In the event the Board chooses to use the City's legal counsel, actuary or other professional, technical or other advisors, it shall do so only under terms and conditions acceptable to the Board. 5. The duties and responsibilities of the Board shall inck de, but not necessarily be limited to, the following: A. To construe the provisions of the System and determine all questions arising thereunder. B. To determine all questions relating to eligibility and membership. C. To determine and certify the amount of all ref rement allowances or other benefits hereunder. D. To establish uniform rules and procedures to be followed for adminis- trative purposes, benefit applications and al matters required to administer the System. E. To distribute to Members, at regular intervals, ir formation 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. I. To perform such other duties as are required to rudently administer the System. 5 • SECTION 4. FINANCES AND FUND MANAGEMENT. Establishment and Operation of Fund. 1 As art of th S t p e ys am, there exists the Fund, into hich shall be deposited all of the contributions and assets whatsoever attributable to the System. 2. The actual custody and supervision of the Fund (anc vested in the Board. Payment of benefits and disbursements frorr by the disbursing agent but only upon written authorization from 3. All funds of the Municipal Firefighters' Pension Fund Board with the Finance Director of the City, acting in a ministerial be liable in the same manner and to the same extent as he is liabl funds for the City. However, any funds so deposited with the Fine shall be kept in a separate fund by the Finance Director or clearly i of the Municipal Firefighters' Pension Fund. In lieu thereof, the I funds of the Municipal Firefighters' Pension Fund in a qualified publi in §280.02, Florida Statutes, which depository with regard to such and be bound by all of the provisions of Chapter 280, Florida Statu investment responsibilities as set forth herein, the Board may re custodian bank, an investment advisor registered under the Inve; 1940 or otherwise exempt from such required registration, an ins combination of these, for the purposes of investment decisions an investment manager shall have discretion, subject to any guideline Board, in the investment of all Fund assets. 4. All funds and securities of the System may be coi provided that accurate records are maintained at all times r composition of the Fund, including accurate current accounts and following: A. Current amounts of Accumulated an individual and aggregate account basis, B. Receipts and disbursements, and C. Benefit payments, and D. Current amounts clearly reflecting all mor whatsoever attributable to contributions and and E. All interest, dividends and gains (or losses) 6 assets thereof) shall be the Fund shall be made he Board. be deposited by the ipacity only, who shall for the safekeeping of ce Director of the City entified as such funds shall deposit the depository as defined Inds shall conform to s. In order to fulfill its ain the services of a nent Advisors Act of ance company, or a management. Such as prescribed by the in the Fund, the financial as regards the of Members on both funds and assets from the City, and 0 le F. Such other entries as may be properly requir9d 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 Funds all 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 Syst m and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a nationa bank, a state bank insured by the Bank Insurance Fund or asavings/building and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose 7 • I • share accounts are insured by the Nat onal Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States or by an agency of the government of the United States. (4) Bonds issued by the State of Israel. (5) Stocks, commingled funds administered by national or state banks, mutual funds and bonds or other evidences of indebtedness, provided that: (a) Except as provided in paragrap (b), all individually held securities and all securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. (b) Up to ten percent (10%) of the assets of the Fund may be invested in foreign securities (c) The Board shall not invest more than five percent (5%) of its assets in the common stock, capital stock, or convertible securities of any one issuing company, nor shall the aggregate investmenl in any one issuing company exceed five percent (5 0) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock and convertible securities at cost exceed sixty percent (60%) of the assets of the Fund. (6) Real estate, provided the Board shall not invest more than ten percent (10%) at cost in real property or real estate. C. At least once every three (3) years, and more of en as determined by the Board, the Board shall retain a pro essionally qualified independent consultant, as defined in Section 175.071, Florida Statutes, to evaluate the performance of all current investment managers and make recommendations regardir g the retention of all 8 C C F G. such investment managers. These recc mmendations shall be considered by the Board at its next regularly scheduled meeting. The Board may retain in cash and keep unpr ductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. Neither the Board nor any Trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. The Board may cause any investment in securities held by it to be registered in or transferred into its name as T ustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. The Board is empowered, but is not requi d, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, consolidations, and similartransac- tions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective Dr 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. 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 ordi- 9 nance, can reasonably be taken or performed only after receipt by it from a Member, the City, or any other entity, of specific information, certification, direction or instructions, the Boa d shall be free of liability in failing to take such action or perform suc h duty or function until such information, certification, direction oi instruction has been received by it. J. Any overpayments or underpayments from he Fund to a Member, Retiree or Beneficiary caused by errors ol computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fur d in a prudent manner. K. The Board shall sustain no liability whatsoev r for the sufficiency of the Fund to meet the payments and benefits provided for herein. L. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. M. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. SECTION 5. CONTRIBUTIONS. 1. Member Contributions. A. Amount. Each Member of the System shall be required to make regular contributions to the Fund in the amount of five percent (5%) of his Salary. Member contributions withheld by the City on behalf of the Member shall be deposited with the Board irr mediately after each pay period. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of 10 • I • the Code. Such designation is contingeni upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 2. State Contributions. Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of funding and paying for retirement bene its for Firefighters of the City shall be deposited in the Fund comprising part of this Systerr immediately and under no circumstances more than five (5) days after receipt by the City. 3. City Contributions. So long as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the difference in each year, between the total aggregate Member contributions for the year, plus state contributions for such year, and the total cost for the year, as shown by the most recent actuarial valuation of the System. The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability as provided in Part VII of Chapter 112, Florida Statutes. 4. Other. Private donations, gifts and contributions may be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for Members, as determined by the Board, and may not be used to reduce what would have otherwise been required City contributions. SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY. 1. Normal Retirement Date. A Member's normal retirement date shall be the first day of the month coincident with, or next following the earlier of the attainment of age fifty-five (55) and the completion of ten (10) years of Credited Service or upon the completion of twenty-five (25) years of Credited Service regardless of age. A Member may retire on his normal retirement date or on the first day of any month thereafter, and each Member shall become one hundred percent (100%) vested in his accrued benefit on he Member's normal retirement date. Normal retirement under the System is Retirement rom employment with the City on or after the normal retirement date. 11 • 0 2. Normal Retirement Benefit. A Member retiring hereunder on or after his norrr al retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his Retirement and be continued thereafter during the Member's lifetime, ceasing upon death, but with one hundred twenty (20) monthly payments guaranteed in any event. The monthly retirement benefit shall equal three percent (3%) of Average Final Compensation, for each year of Credited Service. 3. Early Retirement Date. A Member may retire on his early retirement date wh ich shall be the first day of any month coincident with or next following the attainment o age fifty (50) and the completion of ten (10) years of Credited Service. Early retirement under the System is Retirement from employment with the City on or after the early retirement date and prior to the normal retirement date. 4. Early Retirement Benefit. A Member retiring hereunder on his early retirement ate may receive either a deferred or an immediate monthly retirement benefit payable i the same form as for normal retirement as follows: A. A deferred monthly retirement benefit which shall commence on what would have been his normal retirement date, determined based upon his actual years of credited service, and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date, determined based upon his actual years of Credited Service, except that Credited Service and Average Final Compensation shall be determined as of his early retirement date; or B. An immediate monthly retirement benefit which shall commence on his early retirement date and shall be contin d on the first day of each month thereafter. The benefit payable shall be as determined in paragraph A above, which is reduced by three percent (3%) for each year the commencement of benefits pre edes the date which would have been the Members normal reti ement date had he based upon his actual years of Credited Service. 12 r] • 5. Cost of Living Adjustment. Beginning retroactively to October 1, 1999, and or every October 1 of odd numbered years thereafter, the monthly benefit of each Retiree (o their Beneficiary or joint annuitant), including disability Retirees and vested terminated persons, who has been receiving benefits for at least one (1) year as of the adjustment date, shall be increased by one-half of one percent (.5%). This benefit shall apply to all CL rrent and future eligible Retirees (or their Beneficiary or joint annuitants). SECTION 7. DEATH BENEFITS. 1. Prior to Vesting or Eligibility for Retirement. The Beneficiary of a deceased Member who wa not receiving monthly benefit payments, or who was not yet vested or eligible for earl o normal retirement shall receive a refund of one hundred percent (100%) of the Member's Accumulated Contribu- tions. 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 benel it shall be equal to fifty percent (50%) of the actuarially equivalent single sum value o the Member's vested accrued benefit, or his Accumulated Contributions, whichever is greater. If this single sum value is less than five thousand dol ars ($5,000), it shall be paid in a lump sum. If the value exceeds five thousand dollars ($ ,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 Thereafte 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 Ter Year Certain and Life Thereafter option, described earlier in this Section. Notwithstanding the previous paragraphs of this sub ection 2, in the event a Member or terminated vested person, with ten (10) or more yea of Credited Service, dies prior to Retirement or prior to receipt of benefits, his Beneficia shall be entitled to the 13 accrued normal or early retirement benefit payable at the deceased Member's early or normal retirement age less the value of any benefits paid or payable under this subsection. SECTION 8. DISABILITY. 1. Disability Benefits In -Line of Duty. Any Memberwho shall become totally and permaner tly disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability was directly caused by the performance of his duty as a Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal I o three percent (3%) of his Average Final Compensation multiplied by the total years of redited Service, but in any event, the minimum amount paid to the Member shall be for -two percent (42%) of the Average Final Compensation of the Member. Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 2. In -Line of Duty Presumptions. A. Presumption. Any condition or impairment f health of a Member caused by hypertension or heart disease sha I be presumed to have been suffered in line of duty unless the contrary is shown by com- petent evidence, provided that such Member hall have successfully passed a physical examination upon entering into such service, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. B. Additional Presumption. The presumption provided for in this subparagraph B. shall apply only to those conditions described in this subparagraph B. that are diagnosed on or after January 1, 1996. (1) Definitions. As used in this subsection 2.B., the following definitions apply: (a) 'Body fluids" means blood and ody fluids containing visible blood and other body fluids to which universal precautions for prevention of OCCL pational transmission of blood -borne pathogens, as established by the Centers for Disease Control, ap ly. For purposes of potential transmission of mening coccal meningitis or 14 0 • (b) (c) (d) tuberculosis, the term "body flu ds" includes respiratory, salivary, and sinus fluids, incl iding droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. "Emergency rescue or public afety Member" means any Member employed full time by the City as a firefighter, paramedic, emergency medical technician, law enforcement officer, or cor ectional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety Member" does not include any person employed by a public hospital licensed under Chapter 395, Florida Statutes, or any person employed by a subsidiary thereof. "Hepatitis" means hepatitis A, he atitis B, hepatitis non - A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. "High risk of occupational exposure" means that risk that is incurred because a Person subject to the provisions of this subsection, in performing the basic duties associated with his employment: i. Provides emergency medical treatment in a non -health-care setting where there is a potential for transfer of body fluids t etween persons; ii. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instru- ments exposed to body fluids; 15 iii. Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, nay be exposed to body fluids; or iv. Is responsible for the custody, and physical restraint when neces ary, of prisoners or inmates within a prison jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. (e) "Occupational exposure," in tie case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. (2) Presumption. Any emergency rescue o public safety Member who suffers a condition or impairment f health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the Member must, bywritt affidavit as provided in Section 92.50, Florida Statutes, verify by written declaration that, to the best of his knowledge and belief: (a) In the case of a medical condition caused by or derived from hepatitis, he has not: i. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his a ployment; ii. Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with 16 (3) his present employment or received any blood products for the treatmer t of a coagulation disor- der since last underg ing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; iii. Engaged in unsafe sexual practices or other high -risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high -risk behavior; or iv. Used intravenous drug not prescribed by a physician. (b) In the case of meningococcal meningitis, in the ten (10) days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have menin ococcal meningitis or known to be an asymptomatic carrier of the disease. (c) In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test, he has not been exposed, outside the scope of his employment, to any person known by him to have tuberculosis. Immunization. Whenever any standard, medically recognized vaccine or other form of immunization c r prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this section, if medically indicated in the given circumstances pu uant to immunization policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety Member may be required by the City to undergo the immunizatior or prophylaxis unless the Member's physician determines in writing that the 17 • I • immunization or other prophylaxis wou d pose a significant risk to the Member's health. Absent su h written declaration, failure or refusal by an emergency rescue or public safety Member to undergo such immunization or prophylaxis disqualifies the Member from the benefits of the presumption. (4) Record of Exposures. The City shall rr aintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety Member in its employ to the disease described in this section and shall i mediately notify the Member of such exposure. An emerC ency rescue or public safety Member shall file an incident or ccident report with the City of each instance of known or Suspected occupational exposure to hepatitis infection, menin coccal meningitis, or tuberculosis. 7 (5) Required medical tests preemployment physical. In order to be entitled to the presumption provided by this section: (a) An emergency rescue or public safety Member must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection. This paragraph does not apply in the case of meningococcal meningitis. (b) On or after June 15, 1995, an emergency rescue or public safety Member may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis. 3. Disability Benefits Not -in -Line of Duty. Any Member with five (5) or more years of Credited Service who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability is not directly caused by the performance of his duties as a Firefighter shall, upon establishing the same to the satisfaction of the Board, 18 be entitled to a monthly pension equal to the greater of (i) or (ii) where (i) is two percent (2%) of Average Final Compensation multiplied by the total years of Credited Service and (ii) is a benefit determined in the same manner as for early retirement as set forth in Section 6, subsection 413, providing for an actuarial reduction. In any event, the minimum amount paid to the Member shall be twenty-five percent (25%) of his Average Final Compensation. Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 4. Conditions Disqualifying Disability Benefits. Each Firefighter Member who is claiming disability enefits shall establish, occas to the satisfaction of the Board, that such disability was not oned primarily by: A. Excessive or habitual use of any drugs, intoxi nts, or narcotics. B. Injury or disease sustained while willfully and (legally participating in fights, riots or civil insurrections or while comr iitting a crime. C. Injury or disease sustained while serving in an branch of the Armed Forces. D. Injury or disease sustained by the Member after his employment as a Firefighter with the City Okeechobee shall have terminated. 5. Physical Examination Requirement. A Member shall not become eligible for disability bene its 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 �rudent xcept in an unusual nable case where the Board determines that it would be reasoand to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be required by the Board to submit swom statements of his condition accompanied by a physician's statement (provided at the Retiree's expense) to th U. Board annually and may be required bythe Board to undergo additional periodic re -exam nations by a qualified physician or physicians and/or surgeon or surgeons who shall be s lected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Firefighter, the Board shall recommend to the C Ity that the Retiree be returned to performance of duty as a Firefighter, and the Retiree s returned shall enjoy the same rights that he had at the time he was placed upon pensi n. In the event the 19 Retiree so ordered to return shall refuse to comply with the orde within thirty (30) day., from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-exa ination of the Membe 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 phys ical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne b) the Fund. If the Retiree recovers from disability and reenters th 3 service of the City as a Firefighter, his service shell will be deemed to have been continuous, and but the period beginning with the first month for which Member received a disability retirement' he 69 unable to render useful amd effieeem'L as .- Firefighter, the Membees future t and ending with the a me edited Service for the date he reentered the service of the City will not be considered as C purposes of this System. The Board shall have the power and authority tomake the final decisions regarding all disability claims. 6. Disability Payments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day oft the first month after the 3oard determines such entitlement. However, the monthly retirement income shall be )ayable as of the date the Board determined such entitlement, and any portion due for a )artial month shall be paid together with the first payment. The las 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 di ability 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, a any time prior to the ate on which benefit payments begin, an optional form of benefit p 3yment as described 20 • in Section 10, subsection 1.A. or 1.B., which shall be the Actuarial Equivalent of the normal form of benefit. 7. Benefit Offsets. When a Retiree is receiving a disability pension and Workers'compensation benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received from both exceed 100% of the Members 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 to (10) Years Certain by dividing the lump sum amount by 83.9692. Notwithstanding the foregoing, in no event shall the disability pension benefit be reduced below the greater of forty-two percent (42%) of Average Final Compensation or two percent (2%) of Average Fin I Compensation times years of Credited Service. SECTION 9. VESTING. If a Member terminates his employment as a Firefighter, either voluntarily or by discharge, and is not eligible for any other benefits under this System, the Member shall be entitled to the following: 1. If the Member has less than ten (10) years Credited Service upon termina- tion, the Member shall be entitled to a refund of his Accumulate J Contributions or the Member may leave it deposited with the Fund. 2. If the Member has ten (10) or more years of C dited 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 commencing at Members otherwise normal orearly retirement date, determined based upon his actual years of Credited Service, provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his otherwise normal or early retirement date. If the Member does not withdraw his Accumulated Contributions and does not survive to his otherwise normal or early retirement date, his designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for Retirement under Pr -Retirement Death. 21 SECTION 10. OPTIONAL FORMS OF BENEFITS. 1. In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a Member, upon written request to the Board may elect to receive a retirement income or benefit of eqL ivalent actuarial value payable in accordance with one of the following options: 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 Membe Retiree, one hundred percent (100%), seventy-five percent (75%), sixty-six and two-thirds per nt (66 2/3%) or fifty percent (50%) of such monthly amount payable to a joint pensioner for his lifetime. The present value of payments to the Retiree shall not be less than fifty percent (50%) of the lotal present value of payments to the Retiree and his joint pensioner. B. A retirement income of a modified monthly amount payable to the Retiree for his lifetime only. C. If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to com- mence and a reduced benefit thereafter in o der to provide, to as great an extent as possible, a more level retirement allowance during the entire period of Retirement. The amounts payable shall be as recommended by the actuaries for the System, ased upon the social security law in effect at the time of the Members Retirement. This option may be combined with other optional forms of benefits. D. For anv Member who does not participate in the DROP pursuant to ,jecuon zts a iump sum payment payable to the Retiree equal to twenty percent (20%)_of the present value of he Retiree's accrued 22 to the for in A or B above or in the normal form (10 and life). A Retiree who is a participant in u tlon clan snail not be eligible to select this partial IUMD sumoption. 2. The Member, upon electing any option of this Sectio , 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, nd will have the power to change such designation from time to time. Such designation will name a joint pensioner or one (1) or more primary Beneficiaries where applicable. A Member may change his Beneficiary at any time. If a Member has elected an option with a joint pensioner and the Member's retirement income benefits have commenced, the Member may thereafter change his designated Beneficiary at any time, but my only change hisjoint pensioner twice. Subject to the restriction in the previous sentence, a Member may substitute a new joint pensioner for a deceased joint pensioner. 3. The consent of a Members or Retiree's joint pension r 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 joint pensioner in accordance with this Section, the amount of the retirement income payable to the Retiree shall be actuarially redetermined to take into account the age of the former joint pensioner, the new joint pensioner and the Retiree and to ensure that the benefit paid is th Actuarial Equivalent of the Memberis present value of the Retiree's then -current ben fit at the time of the change. 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 oft 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 su jact to the following limitations: A. If a Member dies prior to his normal re retirement date, whichever first occurs, no n payable under the option to any person, but be determined under Section 7. 23 ment date or early ement benefit will be % benefits, if any, will • I • B. If the designated Beneficiary (or Beneficiaries) orjoint 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 Reti ement. C. If both the Retiree and the Beneficiary (or Beneficiaries) designated by Member or Retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuantto the provisions ofsubsection 1, the Board may, in its discretion, direct that the commutec value of the remaining payments be paid in a lump sum and in accordance with Section 11. 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 o the provisions of this Section is in effect, monthly retirement inc made, or a retirement benefit will be paid, Beneficiary (or Beneficiaries) designated I amount or amounts computed as if the Memb option on the date on which his death occurri 6. A Firefighter Retiree may not change his retirement cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the contrary, the may elect to make a lump sum payment to a Member or a Meml event that the monthly benefit amount is less than one hundred total commuted value of the remaining monthly income payments to five thousand dollars ($5,000.00). Any such payment made to any I power and discretion conferred upon the Board by the preceding s as a complete discharge of all obligations under the System with re and shall not be subject to review by anyone, but shall be final, bind all persons. 24 payments will be �r the option to a the Member in the had retired under the after the date of in its discretion, Beneficiary in the rs ($100.00) or the paid do not exceed ;on pursuant to the ;nce shall operate Ito such Member and conclusive on E • SECTION 11. BENEFICIARIES. 1. Each Member or Retiree may, on a form provided and filed with the Board, designate a Beneficiary (or Beneficiarie if any, which may be payable in the event of his death. Each desi or changed by such Member or Retiree by signing and filing designation -of -beneficiary form. Upon such change, the rights of Beneficiaries to receive any benefits under the System shall cea 2. If a deceased Member or Retiree failed to name a B r that purpose, signed to receive the benefit, in may be revoked the Board a new previously designated 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 Memberor Retiree, shall be paid to estate of the Member or Retiree and the Board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. 3. Any payment made to any person pursuant to this ection shall operate as a complete discharge of all obligations under the System with r gard to the deceased Member and any other persons with rights under the System ano shall not be subject to review by anyone but shall be final, binding and conclusive on all ersons ever interested hereunder. SECTION 12. CLAIMS PROCEDURES. 1. The Board shall establish administrative claims pro edures to be utilized in processing written requests ("claims"), on matters which affect the ubstantial 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 nd 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 ct arged for the issuance of any subpoenas not to exceed the fees set forth in Florida Each year and no later than March 15th, the Board shall fil an Annual Report with the Division of Retirement containing the documents and informat n required by Section 175.261. Florida Statutes. 25 SECTION 14. ROSTER OF RETIREES. The Secretary of the Board shall keep a record of all persons enjoying a pension under the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Addition Ily, the Secretary shall keep a record of all Firefighters ernplayed by the Munmeipall Members in such a manner as to show the name, address, date of employment and date such employment is termi- nated. SECTION 15. MAXIMUM PENSION. 1. Basic Limitation. Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a Member under this System shall not exceed one hundred sixty thousand dollars ($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: (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 pur- poses 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 Merriberwho at anytime has been a member in any other defined benefit plan (as defined in §4140) of the Code) main- tained by the City shall apply as if the total benefits payable under II defined benefit plans in which the Member has been a member were payable from on (1) plan. 3. Adjustments in Limitations. A. In the event the Member's retirement benefits become payable before age sixty-two (62), the one hundred sixty thousand dollar ($160,000) limitation prescribed by this Section shall be reduced in accordance with Regulations issued by the Secretary oft the Treasury pursuant to the provisions of §415(b) of the Code, so that such limitation (as so reduced) equals an annual benefit (beginning when such retirement 26 • • income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit bE ginning 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 determin ng 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 in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 4. Less than Ten (10) Years of Service. The maximum retirement benefits payable underthis Section to any Member who has completed less than ten (10) years of Credited Service with the City shall be the amount determined under subsection 1 of this Section multiplied by a fraction, the numerator of which is the number of the Member's years of Credited Service and the denominator of which is ten (10). The reduction provided for in this subsection shall not be applicable to disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. 5. Ten Thousand Dollar ($10,000) Limit. Notwithstanding the foregoing, the retirement bene it 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 contri ution plan in which the Member participated. 27 E u 6. Reduction of Benefits. Reduction of benefits and/or contributions to all be accomplished by first reducing the Member's benefit under in which Member participated, such reduction to be made first which Member most recently accrued benefits and thereafter in determined by the Board and the plan administrator of such reducing or allocating excess forfeitures for defined contribution participated, such reduction to be made first with respect to the I recently accrued benefits and thereafter in such priority as s Board and the plan administrator for such other plans provided, reductions may be made in a different manner and priority purs the Board and the plan administrator of all other plans covering , where required, shall defined benefit plans respect to the plan in oh priority as shall be r plans, and next, by in which the Member in which Member most be established by the wever, that necessary nt to the agreement of ch Member. 7. Cost -of -Living Adjustments. The limitations as stated in subsections 1, 2 and 3 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) f the Code. 8. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension parable to a Retiree who becomes a Member of the System and w o has not previously participated in such System, on c after Jan ary 1, 1980, shall not exceed one hundred percent (100%) of his Av rage Final Compensa- tion. However, nothing contained in this 3ection shall apply to supplemental retirement benefits or to pensio i 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 :ion ceiving, or will receive in the future, a retirement benefit or pe from a different employer's retirement system or plan. This re:nder triction does not apply to social security benefits or federal benefits Chapter 67, Title 10, U.S. Code. 28 SECTION IS. DISTRIBUTION OF BENEFITS. Notwithstanding any other provision of this System to he contrary, a form of retirement income payable from this System after the Effective Date of this ordinance, shall satisfy the following conditions: 1. If the retirement income is payable before the Merr ber's death, A. It shall either be distributed or commence to the Member not later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (70-1/2), or the calendar year in which Member retires, B. The distribution shall commence not later than the calendar year defined above; and a), shall be paid over the life of the Member or over the 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 h s entire interest in the System has been distributed, the remaining portion of such interest in the System shall be distributed no less rapidly than under the form of distribution in effect at the time of the Member's death. 2. If the Member's death occurs before the distribution of his interest in the System has commenced, the Member's entire interest in the System shall be distributed within five (5) years of the Member's death, unless it is to be distributed in accordance with the following rules: A. The Member's remaining interest in the System is payable to his Spouse, issue or dependent; B. The remaining interest is to be distributed ove r the life of the Spouse, issue or dependent or over a period not a riding beyond the life expectancy of the Spouse, issue or dependent; and C. Such distribution begins within one (1) year f the Member's death unless the Member's Spouse shall receive tt e remaining interest in which case the distribution need not begin before the date on which the Member would have attained age seventy and one-half (70-1/2) and if the Spouse dies before the distribution to the Spouse begins, this Section shall be applied as if the Spouse were the Member. 29 • • SECTION 17. 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 qualil ied public pension plan under the applicable provisions of the Code, as now in effect or h Dreafter 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. 5. Compliance with Chapter 175, Florida Statutes. It is intended thatthe System will continue to qualify for funding underSection 175.101, Florida Statutes. Accordingly, unless otherwise required 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. 191:1 1. This ordinance establishing the System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified, terminated, oramended, 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, he amount of benefits which at the time of any such alteration, amendment, or repeal s all have accrued to the 30 Member or Beneficiary shall not be affected thereby, except to t1i a extent that the assets of the Fund may be determined to be inadequate. 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer, merger or consolidation of government units, services or functions as provided in Chapter 121, Florida Statutes, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this ordinance who are designated by any of said Members. I the event of repeal, discontinuance of contributions, or transfer, merger or consolidation of government units, services or functions, there shall be full vesting (100%) of benefits accrued to date of repeal and the assets of the System shall be allocated in an equi able manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. 3. The following shall be the order of priority for purposes of allocating the assets of the System as of the date of repeal of this ordinance, r if contributions to the System are discontinued with the date of such discontinuation eing determined by the Board. A. Apportionment shall first be made in respect f each Retiree receiving a retirement or disability benefit hereunderon such date, each person receiving a benefit on such date on account of a retired or disabled (but since deceased) Member, and each Me ber 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 agg gate 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 t e 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 pa graph A, in the amount required to provide the Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but nol less than Accumulated Contributions), based on the Credited Service and Average Final 31 • I • C. Al E 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 oft eaccruednormalretire- ment benefit (but not less than AccumulatedContributions), provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter e mounts shall be propor- tionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. If there be any asset value after the apportionr ients under paragraphs A and B, apportionment shall be made in res ect of each Member in the service of the City on such date whc is not entitled to an apportionment under paragraphs A and B in the amount equal to Member's Accumulated Contributions, providE d that, if such remaining asset value be less than the aggregate of the amounts apportioned hereundersuch latter amount shall be proporti nately reduced so that the aggregate of such reduced amounts will be equal to such remain- ing asset value. If there be any asset value remaining after the apportionments under paragraphs A, B, and C, apportionments all lastly be made in respect of each Member included in paragraph C above to the extent of the Actuarial Equivalent of the non-ve ted 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 a set 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. In the event that there be asset value remaining after the full apportionment specified in paragraphs A, B, C, and D, such excess shall be returned to the City, less return of the tate's contributions to the State, provided that, if the excess is less than the total contributions made by the City and the State to the date of 32 termination such excess shall be divided proportionately to the total contributions made by the City and the State. The allocation of the Fund provided for in this subsection may, as decided by the Board, be carried out through the purchase of insurance company contracts to provide the benefits determined in accordance with this subsection. The Fund may be distributed in one sum to the persons entitled to said benefits of the distribution may be carried out in such other equitable manner as the Board may direct. The Fund may be continued in existence for purposes of subsequent distributions. If, at any time during the first ten (10) years after he effective date of the ordinance originally establishing this System, the System shall a 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 (1) of the twenty-five (25) highest paid Members on the effective date, whose anticipated annual retirement allowance provided by the City's contributions at Mem er's normal retirement date would exceed one thousand five hundred dollars ($1,500 , shall not exceed the greater of either a) twenty thousand dollars ($20,000), or b), ar amount computed by multiplying the smaller of ten thousand dollars ($10,000) or twenty percent (20%) of such Member's average annual earnings during his last five (5) years o service by the number of years of service since the effective date. In the event that its lall hereafter be deter- mined by statute, court decision, ruling by the Commissioner of Internal Revenue, or otherwise, that the provisions of this paragraph are not then necessary to qualify the System underthe 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. 1. Domestic Relations Orders payment of benefits of a Retiree the Member §r Retiree shall submit the proposed order to the Board for review to determine whether the System may legally honor the order. 33 B. relations order is not submitted to the Board for review of the order, and the System i ordered to take action after, the Member or such an order will be required to reim expenses in connection with the order. 2. Retiree Directed Payments. a Ketiree dr by a dependent. when or the Retiree's Beneficiary, authorize the �vstem to the monthly retirement payment those funds that are necessary) to pay for the benefits of the City, and to make any payments for child support or alimony. 3. Exemption from Execution Non -Assignability. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions o 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. 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 ason. 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 an pa -son 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 un er any prior or existing law been orwho 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 21. FORFEITURE OF PENSION. 1. Any Member who is convicted of the following offenses committed prior to Retirement, orwhose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under 34 • I • 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 mbezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee from employer; C. Bribery in connection with the employme t 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 o icer 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 publi officer or employee, realizes or obtains or attempts to obtain a pr fit, gain, or advantage for himself or for some other person through & e use or attempted use of the power, rights, privileges, duties or pos tion of his public office or employment position. 2. Conviction shall be defined as an adjudication of guilt y a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of g uifty when adjudication of guilt is withheld and the accused is placed on probation; or a cc nviction 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 commis- sion 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 I to recover such funds. 35 action necessary • I • N 22. CONVICTION AND FORFEITURE: F 1. It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit from the System. 2. A person who violates subsection 1 commits a rr isdemeanor of the first degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. 3. In addition to any applicable criminal penalty, upon conviction for a violation described in subsection 1, a Member or Beneficiary of the Systern may, in the discretion of the Board, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under the System. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. SECTION 23. INDEMNIFICATION. 1. To the extent not covered by insurance contracts in force from time to time, the Cityshall 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 orother entity liable to defend the claim or liable for payment of thej dgment or claim, from any liability, nor does this Section waive any provision of law affording the City immunity from any suit in whole or part, or waive any other substantive or procedural rights the City may have. 3. This Section shall not apply nor shall the City be res onsible in any manner to defend or pay for claims arising out of acts or omissions of Mem ers of the Board which constitute felonies or gross malfeasance or gross misfeasance in ffice. 36 • SECTION 24. TRANSFERS WITHIN THE CITY. If a member of any of the City's three (3) retirement systi the other two (2) systems, he must choose one of the following I Credited Service accrued to date of transfer. transfers to either of res with regard to 1. The Member may take a refund of his Accumulated Contributions, in which event no pension benefit shall be payable based on Credited Service attributable to the period covered. 2. The member may leave his Accumulated Contributions in the fund, in which event his Credited Service with both systems shall be combined for purposes of determining eligibility for benefits and for vesting. When the member is eligible to receive a benefit, he shall receive benefits from both systems, which all consist of accrued benefits under each system based on the provisions of the res ective system and the earnings and Credited Service under that system. The years or fractional parts of years that a Firefighters ryes 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 firs and initial employment with the City Fire Department 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,. based on his Salary and the Member contribution rate in effect at the time that the Credited Service is requested had he been a member of the System for the years or fractional parts of years forwhich 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 required amount shal be made within six (6) months of his request for credit, but not later than the retirement d te, 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 vesting or eligibility for not -in -line of duty disability benefits. 37 not count toward • I • u Rollover Distributions. A. General. This Section applies to distributions made on orafterJanuary 1, 2002. Notwithstanding any provision of the plan S tem 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. B. Definitions. (1) Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion oft a balance to the credit of the distributee, except that an eligi le rollover distribution does not include: any distribution th t is one of a series of substantially equal periodic payments (riot less frequently than annually) made for the life (or life expec ancy) 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 (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 a n 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 01(a) or 403(a) that agrees to separately account for am Dunts 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. (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described i i section 408(a) of the 38 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 defe Ted compensation plan described in section 457(b) of the Cod 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 an, 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. This definition shall also apply in the case of an eligible rollover distribution to the surviving Spouse. (3) Distributee: A distributee includes n employee or former employee. In addition, the employees or former employee's surviving Spouse is a distributee with regard to the interest of the Spouse. (4) 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 of purchasing Credited Service as provided herein, permissible Member requested transfers of funds from other retirement or pension plans, Member rollover cash contributions and/or direct cash rollovers of distributions made on rafter January 1, 2002, as follows: cl A. Transfers and Other Plans. The System will accept either a direct rollover of 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 contr 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 agency or instrumentality of a state or political subdivision of a state. The System will also accept legal) permissible Member requested transfers of funds from other retire ent or pension plans. 39 • E B. Member Rollover Contributions from IRAs. The system will accept a Member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to b rolled over and would otherwise be includible in gross income. 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 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 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: 1. The Member contributes to the Fund the sum that he ould have contributed, based on his Sala and the Member contribution rate in effectatthD time that the Credited Service is requested had he been a member of the System for the years or fractional parts of years forwhich 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 pursu nt 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 Sery ce shall be given. 4. The maximum credit under this Section for service o her than with the City of Okeechobee shall be five (5) years of Credited Service and shall ount for all purposes, except vesting and eligibility for not -in -line of duty disability benefi s. 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. 5. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other municipal, county or special d strict fire department, if such prior service forms or will form the basis of a retirement ben fit or pension from a different employer's retirement system or plan as set forth in 40 1 15, subsection 8.13. SECTION 28. DEFERRED RETIREMENT OPTION PLAN. apply:" 1. Definitions. As used in this Section 28 the following definitions A. "DROP" -- The City of Okeechobee Firefi ht rs' Deferred Retirement Option Plan. B. "DROP Account" -- The account established for each DROP participant under subsection 3 2. Participation A. Eligibilily to Participate. In lieu of terminating his employment as a Firefighter, any Member who is eligible for normal retirement under the defer receipt of such service retirement pens the DROP. B. Election to Partici ate. A Member's election to participate in the D System may elect to on and to participate in OP must be made in writing in a time and manner determined by effective on the first day of the first calendar fifteen 15 business days after it is received C. Period of Participation. A Member who elects to participate in the DROP he Board and shall be nonth which is at least by the Board. under subsection 2.B., shall participate in the DROP fora peri 60 months beginning at the time his election DROP first becomes effective. An election to participate shall constitute an irrevocable election to resign the City not later than the date provided for in the A Member may participate only once D. Termination of Partici ation. 1 A Members artici ation in the DRO d not to exceed si to participate in the in the DROP from the service of previous sentence. 3 shall cease at the earlier of: a the end of his ermissible period of participation in the DROP as determined under subsection b termination of his em to ment a 2.C.• or a Firefighter. 2 U on the Members termination of parti Ipation in the DROP pursuant to subsection a above all a 41 ounts provided for in earnings and losses or interest shall cease to be transferred from the System to his DROP Account. Any amounts remaining in his DROP Accounts all be paid to him in accordance with the Provisions of ubsection 4. when he terminates his employment as a Fire fi hter. 3 A Memberwho terminates his particip ition in the DROP under this subsection 2.D. shall not be permitted to again become a participant in the DROP E. Effect of DROP Partici ation on the System 1 A Member's Credited Service and his accrued benefit under the System shall be determined on the date his election to participate in the DROP first becomes effective. The Member shall not accrue any additional Credited Service or an additional benefits undertheSystem a ce tfor any additional benefits provided under any cost -of -living ad'ustment for Retirees in the System) while he is a pE rtici ant in the DROP. After a Member commences participation, he shall not be No amounts shall be paid to a Member from the System % the Member is a participant in the DROP. Unless other specified in the System, if a Membe participation in CROP is terminated other than by termi atin his em to r is a Firefighter, no amounts shall be paid to him from i stem until he terminates his employ ent as a Firefi t Jnless otherwise specified in the System amounts transfer rom the System to the Member' s DROP Account shall be r of employment as a Firefighter. 42 • this paragraph is tt the Member's DRC net of brokerage c management fees. 43 3. Funding. A. Establishment of DROP Account. A DROP Account shall be established in the DROP. A Member's DROP Aca transferred to the DROP under sub: interest on those amounts. B. Transfers From Retirement S stem. (1) As of the first day of each me participation in the DROP. the of h oenetit payments thereunder shall be t ansferred to his DROP Account except as otherwise provi led for in subsection 2.D.(2). A Member's period of participation in the DROP shall be determined in accordam subsections 2.C. and 2.D., but in the date he terminates his emDI d or credited after each fist Interest at an effective rate (6.5%) per annum compoL month's ending balance; or Earnings, determined as fol The average daily balanc Account shall be credited or deb ted at a rate a ual to n realiz id by the System for lent ret rn" for the purpose of I return of the assets in which ount is i vested by the Board 1 uv m snan a continue past men as a Firefighter. in subsection 2.D.2 a is subsection 3.B. shall be .Lyear guarter with either: )f six and one-half percent Ided monthly on the prior Dws in a Member's DRr)P nt determined as provided above. The elect to change his election onIV participation. An election to chan a must end of a quarter and shall be effectiVE quarter. 3 A Member's DROP Account shall only Member may, in writing once during his DRG be made prior to th beginning the followin be credited or debitei with earnings or interest and monthly Member is a participant in the DROP. account value for distribution to the Member of participation in the DROP shall be the at the end of the quarter immediately precedingtermination participation plus any month) eriodi DROP account subsequent to the end and prior to distribution. If a Member employment after participating in the DROP period of DROP participation, the Member's 1st month of em to ment following the permissible period of DROP participation, DROP Account will no longer be credited earnings or interest nor will monthly b the DROP account. All such non-transierred forfeited and continue to be forfeited employed by the Fire Department, adjustments shall be applied to the such period of continued em to ment. by the Fire Department after the permi participation will be eligible for pre -retirement disability benefits and will accrue additional only as provided for in Section 29. 4. Distribution of DROP Accounts on Termination of E benefits while thi A Member's final DROF upon termination value of the accoun o additions made to the of the previous quartei fails to terminate for the permissiblE i be inning with the the last month of the Members or debited with nefnts be transferred to amounts shall be while the Member is and no cost -of -living embers credit during A Member employed sible period of DROP death and Credited Service to ment. A. Eligibility for Benefits A Member shall receive the balance in h s DROP Account in accordance with the provisions of this su termination of employment as a Firefighter. 44 section 4. upon his Except as provided in • • subsection 4.D., no amounts shall DROP prior to his termination of en B. Form of Distribution. (1) Unless the Member elects otl as a Fi of his Account shall be made in a lump surn, subject to the direct rollover provisions set forth in subsection 4.G. A Member may, however, elect in such time and mariner as the Board shall prescribe, that his DROP distribution be used to purchase a nonforfeitable fixed annuity payable in such form as the Member may elect. Elections under this paragraph shall be in writing and shall be made in such time or manner as the Board shall determine. If the annuity forms lected is not a qualified joint and fifty percent 50% survivor annuity with the Member's Spouse as the Beneficiary. the annuity Davable to the Member 401 to his Benefici. h benefit rule :he Code and its (2) If a Member dies before h shall be paid to his Bene Beneficiary may select. If the DROP Account shall b C. Date of Payment of Distribution. (1) Except as otherwise provii of a Member's DROP A administratively practicabl of employment. (2) In lieu of a distribution as i Member may, in accords Board shall prescribe, el to the i Gyuiauuns. is DROP Account ry in such optional form as his eneficia y designation is made tributed i o the Member's estate. n this subsection 4., distribution nt shall be made as soon as Twin th Member's termination in as the DROP Account made as of the first day of any month coincident with or following his terming ion of employment as a Firefighter; provided, however, a ents shall be made before the distribution date elected 4y the Member to the extent necessary to comoly with the or visions of subsections 4.D. and 4.F. 45 • • In no event shall the provisions of subsection . o erate so as to allow the distribution of a Member's DROP Account to be later than the April 1 following the later of the calendar year, in which he terminates his employment as a Firefighter or he attain age seventy and one- half 70-1/2 . In the event a Member is re ui ed to receive payment while in service under the provisions of this ubsection D. he shall receive one lump sum payment on or before his required beginning date a ual to his entire DROP Account balance and annual lump sum payments thereafter of amounts credited to hi DROP Account during each calendar year. Upon the Member's sulpsequent termination of employment, payment of his DROP Account shall be made in accordance with the provisions of subsection 4.13. E. i ne board may require and rely upon such Doof of death and suc evidence of the right of any Beneficiary or other person to receive th value of a deceased Member's DROP Acco nt as the Board me deem proper and its determination of the right of that Beneficiaryc other person to receive payment shall be conclusive. F. Distribution Limitation. Notwithstanding any other provision of subse ion 4., all distribution from the DROP shall conform to the regulation issued under Sectio 401 a 9 of the Code including the inci Jental death benef provisions of Section 401 a 9 G of the Code. Further, suc regulations shall override any DROP provision that is inconsistentwitl Section 401(a)(9) of the Code. G. Direct Rollover of Certain Distributions This subsection applies to distributions made on or after January 1 2002. Notwithstanding any provision of the DROP to the contra distributee may elect to have any portion of an eligible rollove distribution paid in a direct rollover as otherwi a provided under the System in Section 26. 46 • 5. Administration of DROP. A. Board Administers the DROP. The general administration of the DROP the out the provisions of the DROP and the res the investment of the DROP's assets shall subcommittees with such powers as they sl such administrative procedures and re( desirable for the conduct of their affairs: m of their number or any agent to execute or make any payment on their behalf,• may agents and provide for such clerical a consulting services as they may require in c of the DROP: and may allocate among th • iility of overseeing iced in the Board. heir number such srmine; may adopt s as they deem orize one or more any instrument or counsel, employ tg, actuarial and out the provisions as or delegate to ender the DROP, under any trust agreement adopted for use it implementing the DROP, as thev. in their sole discretion shall decide. A TrusteE shall not vote on an question relating exclusively to himself. B. Individual Accounts Records and Re orts. The Board shall maintain records showinq the operation and condition of the DROP including records showing the individual balances in each Member's DROP Account and the Board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The Board shall prepare and distribute to Members participating in the DROP and other individuals or file with the appropriate overnmental a e cies as the case me be, all necessary descriptions reports, inform tion returns. and data re wren to De aistnbutea or tiled for the DROP pursuant to the i and any other applicable laws. C. Establishment of Rules. Sub'ect to the limitations of the DROP the Board from time to shall establish rules for the administration of the DROP anc transaction of its business. The Board shE II have discretic authority to construe and interpret the DROP i ludinq but not lir 47 to determination of an individual's eligibility or DROP participation, the right and amount of any benefit payable Lnderthe DROP and the date on which any individual ceases to be a p Rrticipant in the DROP). The determination of the Board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law D. Limitation of Liability. 1 The Trustees shall not incur any liwility individually or on behalf of any other individuals for ar y act or failure to act made in good faith in relation to the Df ZOP or the funds of the DROP. 2 Neither the Board nor any Trustee f the Board shall be responsible for any reports furnished byany expert retained or employed by the Board but they shall be entitled to rel thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of co insel. The Board shall be fully protected with respect to any ction taken or suffered by it in good faith in reliance upon such expert, accountant actuary or counsel and all actions taken or suffered in such reliance shall be conclusive upon any erson with any interest in the DROP. 6. General Provisions. A. Amendment of DROP. The DROP may be amended by an ordinance of the City at any time and from time to time and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as otherwise rovided by law, no amendment shall make it possible for any partof the DROP's funds to be used for or diverted to purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the eff qct of decreasing the balance of the DROP Account of any Member B. Facility of Payment. If a Member or other person entitled to a benefit under the DROP is unable to care for his affairs because of illness or accident or is a 48 • minor, the Board shall direct that any benefi due him shall be made only to a duly appointed legal representative. Any payment so made shall be a complete discharge of the liabilities of the DROP for that benefit. C. Information. Each Member Beneficiary or other person an fled to a benefit before any benefit shall be payable to him or on his account under the DROP shall file with the Board the information that it shall require to establish his rights and benefits under the DROP. D. Prevention of Escheat. If the Board cannot ascertain the whereabouts of any person to whom a payment is due under the DROP the Boa d may, no earlier than three 3 ears from the date such payment is due mail a notice of such due and owing payment to the last known address of such person, as shown on the records of the Board or the City. If such person has not made written claim therefor wi hin three 3 months of the date of the mailing,the Board may, if it so elects and upon receiving advice from counsel to the System, d irect that such payment and all remaining payments otherwise due su h person be canceled on the records of the System. Upon such cancellation, the System shall have no further liability therefor except hat in the event such person or his Beneficiary later notifies the Bo rd of his whereabouts and requests the payment or payments due tc him under the DROP the amount so applied shall be paid to him in accordance with the provisions of the DROP. E. Written Elections. Notification 1 Any elections notifications ordesi nati ns made by a Member pursuant to the provisions of the DROP shall be made in writing and filed with the Board in a time and manner determined by the Board under rules uniformly applicable to all employees similarly situated. The Board reserves the right to change from time to time the manner fo making notifications elections or designations by Members under the DROP if it determines after due deliberation that s ch action is 'ustified in that it improves the administration of th DROP. In the event 49 of a conflict between the provisions for making an election notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. 2 Each Member or Retiree who has a DROP Account shall be responsible for furnishing the Board with his current address and any subsequent changes in hiss address. Any notice required to be given to a Member or Retiree hereunder shall be deemed given if directed to him at the last such address Oven to the Board and mailed by registered c r certified United States mail. If any check mailed by re ist red or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the Member or Retiree notifies the Board of his address. F. Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only from the assets of the Member's DROP Acco int and neither the Ci nor the Board shall have any duty or liability t furnish the DROP with any funds securities or other assets except to the extent required b any applicable law. G. Construction. 1 The DROP shall be construed regulated and administered under the laws of Florida except where other applicable law controls. 2 The titles and headings of the subsections in this Section 28 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. H. Forfeiture of Retirement Benefits Nothing in this Section shall be construed to remove DROP participants from the application of anyforfeiture provisions applicable to the System. DROP participants shall be su 'ect to forfeiture of all retirement benefits, including DROP benefits 50 I. Effect of DROP Participation on Em to me t. of employment and Participation in the DROP is not a guarantee DROP participants shall be subject to the standards and policies that are applicable to DROP participants. SECTION 29. REEMPLOYMENT AFTER RETIREMENT same employment employees who are not etirement as previously 1. Any retiree under this system, except for disability provided for may be reemployed by any public or private employer, except the City, and may receive compensation from that employment without limiting r restricting in any way the retirement benefits payable under this System. Reem to m nt by the City shall be subject to the limitations set forth in this Section 2. After Normal Retirement. Any Retiree who is retired under normal or early) retirement pursuant to this System and who is reemployed as a Firefighter and by virtue of that reemployment, is eligible to participate in this System, shall ipon being reemployed, discontinue receipt of benefits. Upon reemployment, the Member, shall be deemed to be fully vested and the additional Credited Service accrued during the subsequent employment period shall be used in computing a second benefit aniount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total ben fit payable up on final Retirement. Calculations of benefits upon Retirement shall be based upon the benefit accrual rate Average Final Compensation, and Credited Service and early retirement reduction factor, if applicable) as of that date and the retirement benefit amount for an subsequent employment period shall be based upon the benefit accrual rate Average Final Compensation based only on the subsequent employment Briod and not including any period of DROPparticipation),and Credited Service and earl 1 retirement reduction factor, if applicable) as of the date of subsequent retirement. The E imount of any death or disability benefit received during a subsequent period of em to m nt shall be reduced b the amount of accrued benefit eligible to be paid fora prior perioc of employment. The optional form of benefit and any joint Pensioner selected upon init al retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein but the retiree may select a different optional form and joint pensioner a licable only to the subsequent retirement benefit. 3 Any Retiree who is retired under normal retirement p irsuant to this System who is reemployed by the City in a Position other than as a Firefighter. shall upon being reemployed, continue receipt of benefits for the period of any subsequent em to ment 51 period. Former DROP participants shall begin receipt of benefits under these circumstances. 4. After Early Retirement. Any Retiree who is retired under early retirement pursuant to this System and who subsequently becomes an employee of the City in an capacity, shall discontinue receipt of benefits from the System. If he reemployed person, by virtue of his reemployment, is eligible to participate in this S stem, that person shall accrue a second benefit as provided for in subsection 2. above and benefit payments shall remain suspended during any such subsequent employment period. If the reemployed person is not eligible to participate in this System, that erson's pension benefit payments shall be suspended until the earlier of termination of employment or such time as the reemployed retiree reaches the date that he would have been eli i le for normal retirement underthis system had he continued employment and not elected early retirement. "Normal retirement" as used in this subsection shall be the current normal retirement date provided for under this system. 5. R m l m f Terminated Voted EgmgnaReemployed terminated vested persons shall not be sub'ect to the provisions of this section until such time as the begin to actually receive benefits. Upon receipt of benefits terminated vested persons shall be treated as normal or early retirees for purposes of applying the provisions of this section and their status as an early or normal retiree shall be determined by the date the elect to begin to receive their benefit 6. DROP Participants. Members or retirees who are or were in the Deferred Retirement Option Plan shall following termination of emp o ment after DROP participation, have the options provided for in this section for reemployment. )m%ok1fire102-17-05.ord 52 E EXHIBIT 7 MARCH 15, 2005 55 Southeast 3" Avenue * Okeechobee, Florida 34974 * 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TFMPr)PAPV ¢TRr=PT Akin CirIMArw1 1i ^� Name of Applicant Chanber of Ckmtretroe oday's Date C� Address 55 Smffi Parrott k,,E u hone(s ) (863) 763-6464 Name of Property Owner Address Street to be Closed ")'l r.141 l - ; 6"' - Dates to be Closed SePtember 3, 2005 through sqptmter 5, 2005 Time(s) to be Closed 7 A.M. - 4:30 P.M. Purpose of Closing Labor Day Festival Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000 00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only erve on private property. No alcoholic beverages on City property, this include streets and sidewalks) IwClean-up is required within 24 hours. EwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. owNo donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage icense. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. uwThe City Public Works Department will deliver the appropria Department will set them out and take them down at the appropr EwDumpsters and port -a -lets are required when closing the street barricades. The City Police e times. r more than 3 hours. PUBLIC WORKS DEPARTMENT orized Signature POLICE DEPARTMENT orized Signature FIRE DEPARTMENT , Auth rued Signature ADMINISTRATION 0- 0 C- oC Donnie Robertson, Public Works Dire Date Typed Name Title .Z'-2%` 01" DennyDavis hief Date Typed Name Title Date i- M Typed Name & Title Occupational and/or State License Verified: lice ief ' b C tv Administra Authorized Signature Date Typed Name & itle CLERK'S OFFICE Lane Gamiotea City Cie Authorized ignature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 • ky of Okeechobee 55 Southeast 3rd Avenue e, Florida 34974 # 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the ity Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. here is a separate application should you request the sidewalk only. TFMPOPAPV CTI?FGT Awir) 4ZIMMAiA1 v r+i Name of Applicant Qurber of Oaarerre To ay's Date Address 55 South Parrott Avenge Phone(s) (863) 763-6464. Name of Property Owner 1 Address u .: �! .f Ph ne(s) 3•: Street to be Closed S.W. 2nd Ave. S.W. 3rd Ave. S.W. tL . c L ir' 1hi &,i C �. Dates to be ClosedIbmrihe x 19 Time(s) to be Closed 6 A.M. — 8 p.M. Purpose of Closing FYesY7rater FiBstival c Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.0 , required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only se a on private property. No alcoholic beverages on City property, this includes Itreets and sidewalks) ZFClean-up is required within 24 hours. 02"No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. u�"No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. OwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriat times. °�wDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT ' A'e �- wy Authorized Signature POLICE DEPARTMENT Authorized Signature FIRE DEPARTMENT orized Signature ADMINISTRATION Authorized Signature Donnie Robertson, Public Wo Date Typed Name & Title z- ;? 8- ezr Date Date Senn DavisChief of Pol Typed Name Title s�Rpr"hQ Fire Chief Typed Name & Title Occupational and/or State License Verified: T 11'i\ IZ CecK, _ ica-M -3Citv Admin Date Typed Name & Title CLERK'S_Lw��( nl'�� a rl' -' �, OFFICE �`//- /-//, f e��� % �`�� Lane Gamiotea Citi Aut or zed ignature Date Typed Name & itle APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 for • r of Okeechobee 55 Southeast 3rd Avenue echobee, Florida 34974 # 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of he City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the ity Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. T ere is a separate application should you request the sidewalk only. TFMPORGRY 4TP=FT Akin c1n1=1AlA1 V rri rnQlKir- Name of Applicant First thited I�tYndi.st Q•narc3� :[Today's Date 3 Address cmtact Phone(s) (863) 462-5350 Name of Property Owner City of Ckeeddcee Address 55 SE 3rd Avenue Phone(s) (863) 763-3372 Street to be Closed SW 6th Ave, began North and South park Street Dates to be Closed Ir 5 Uira)gh Ir 9, 2005 Time(s) to be Closed 3:00 P.M. - 11:00 P.M. Lail Purpose of Closing "HIS SICJRY" i Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00 required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. P rmits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes treets and sidewalks) OwClean-up is required within 24 hours. OwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. u�"No donations can be requested if any type of alcoholic bevr es are served on private e property/business unless you possess a State Alcoholic Beverage Li ense. Please note there are inside consumption and outside consumption licenses. You must h ve the appropriate license. The City Public Works Department will deliver the appropriate Orricades. The City Police Department will set them out and take them down at the appropriat times. r�rDumpsters and port -a -lets are required when closing the street for more than 3 hours. L:EAR:TMENT:jRK L2- Donnie Robertson, Public Wor Authorized Signature Date Typed Name & Title POLICE DEPARTMENT Authorized Signature FIRE DEPARTMENT rized Signature ADMINISTRATION Authorized Signature Date DennyDavisChief Typed Name & Title 1 Fire Chief Date Typed Name & itle Occupational and/or State License Verif ed.- , /fi ib14 t - `61-y-)4Ci it Ci11 � AdmiDate TypedNamele CLERK'St' OFFICE I Lane Gamiotea it, Aut orized ignature Date Typed_ Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 [« • of Okeechobee 55 Southeast 3 d Avenue obee, Florida 34974 # 863- 763-3M Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TFRBPCIRAPV cTDCZ=T AAIM CIMMA/AI 1/ ell�.�...� -- - - - --- .■I"lVl� vL. �711VV Name of Applicant To ay's Date of U 1 i (; Address 55 .aith Parrott Awrm Phone(s) (863) 763-6464 Name of Property Owner � J r-1�4 Address _ 55 l ��6`e U Phone(s) Street to be Closed S.W. 2nd Ave. S.W. 3rd Ave. S.W. 4th Ave. Dates to be Closed Dgarrber 10 2005 Time(s) to be Closed 6 A.M. — 8 P.M. Purpose of Closing Christires Parade Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes Itreets and sidewalks) Clean-up is required within 24 hours. 6�a'No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. W�"No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. The City Public Works Department will deliver the appropriate arricades. The City Police Department will set them out and take them down at the appropriat times. °�rDumpsters and port -a -lets are required when closing the street for more than 3 hours. t�- PUBLIC WORKS DEPARTMENT Authorized Signature POLICE DEPARTMENT Authorized Signature FIRE DEPARTMENT rized Signature .2- ;� �-- ,-� Donnie Robertson. Pu Date Typed Name & Title 2' 1p- o-sDennyDavis Chief Date Typed Name & title Ferb F 4le ire Chief ate Typed Name & ctor ADMINISTRATION I % - I.- � x Occupational and/or State License Verified: kid 1 ----7 Authorized Signature CLERK'S OFFICE W--, )� iFlt Aut orized Pignature BiH-6. Veax;hC i Ad m i Date Typed Name & Title Lane Gamiotea, City Clerk Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 v W Y cn In rD 1n cc r\ N OW 3N .�Q tjoap -Tnva,t ffw-rpd INS 111,41OL1111 m! o,o 1B o,o SIB �B 0�6 =fit jo— !o �o .Q ©�a I 7avr's Mw5 O ltnl V ' to WcD(% co � cD t` ,d HIS MN - 7 r rn .r rn v rn � .t rn p n m to ao In co -n co cZV o r` co r r- to r` C4 3l1b 9 MN Ln i �mm om��mm p! i� p; la 0! i �mm om��mm p! i� p; la 0!