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2005-04-05 Regular Meetingi� CITY OF OKEECHOBEE APRIL 5, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: April 5, 2005 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Al Jaquith, Basinger First Baptist Church; 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/Interim City Administrator John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings ITEM ADDED TO AGENDA: Proclamation, National Crime Victims' Rights Week, April 10 -16, 2005. PAGE 1 OF 18 Mayor Kirk called the April 5, 2005 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Al Jaquith of Basinger First Baptist Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present 221 Mayor Kirk read the following proclamation in its entirety: WHEREAS, rresiaenz Konaia vv. Reagan rlreL UUUidl gu "National Crime Victims' Rights Week" in 1981 to focus our Nation's attention on the plight of crime victims; and WHEREAS, this Silver Anniversary of National Crime Victims' Rights Week provides a national opportunity to reflect on the devastating impact of crime and terrorism on victims and our entire Nation, and to strengthen our national resolve to ensure that victims' needs are identified and addressed; and WHEREAS, since 1981, the crime victim assistance field has expanded from a handful of assistance programs to include over 10,000 community - and justice system -based programs, and in 2005, there are more than 32,000 federal and state statutes that define and protect victims' rights; and WHEREAS, America as a Nation, and we as individuals and communities, recognize that justice isn't served until crime victims are, that crime and violence in America affects us all, and that victims' rights are a critical component of "justice for all"; and WHEREAS, justice 222 APRIL 5, 2005 -REGULAR MEETING -PAGE 2 OF 18 ITEM ADDED TO AGENDA. Proclamation, National Crime Victims' Rights Week continued. isn't served until crime victims and those hurt by crime - our mothers and fathers, sons and daughters, sisters and brothers, neighbors and friends - are provided support and assistance in th aftermath of victimization; and WHEREAS, despite impressive accomplishments over the past 25 years in crime victims' rights and services, there remain many challenges to ensure that all crime victims and survivors are treated with dignity and respect, recognized as key participants within our systems of justice, and afforded services that provide help and hope to them; and WHEREAS, in 2003, the Office for Victims of Crime within the U.S. Department of Justice commemorates 20 years of providing leadership to ensure that crime victims are treated with dignity and compassion; and WHEREAS, America as a Nation recognizes that we serve justice by serving victims of crime and that by helping victims and survivors of crime, we help make our homes and neighborhoods, communities and Nation stronger, safer and more secure. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the week of April 10.16, 2005 to be National Crime Victims' Rights Week, and honor crime victims and those who. serve them during this week and throughout the year, and that as individuals, communities and a Nation, we value justice in America that includes and involves crime victims, and seek to serve justice by serving victims of crime." Dee IV. MINUTES - City Clerk. Raulerson and Jamie Connelly were present to receive the proclamation. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the March 15, 2005 Regular Meeting. March 15, 2005 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMs - YEA V. AGENDA - Mayor. MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any additions, deferrals, or withdrawals of items on today's agenda. New agenda. III Business Item "D" was deleted and item "K", Commerce Center Discussion was added to the agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:08 P.M. APRIL 5, 2005 - REGULAR MEETING - PAGE 3 OF 18.2 2 3 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. a) Motion to read by title only proposed Ordinance No. 884, regarding Council Member Watford moved to read by title only, proposed Ordinance No. 884, regarding Street and Alley Closing Street and Alley Closing No. 74, submitted by First Baptist Church - No. 74, submitted by First Baptist Church; seconded by Council Member Chandler. City Attorney (Exhibit 1). 11 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. 884 by title only. Attorney Cook read proposed Ordinance No. 884 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AND STREETS OR RIGHTS -OF -WAY AS DESCRIBED HEREIN, WITHIN BLOCK 194, CITY OF OKEECHOBEE, AND A PORTION OF SOUTHWEST 57W STREET, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 884. Council Member Markham moved to adopt prop osed Ordinance No. 864, seeonded by GounrVil Member Chandler b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Clerk Gamiotea reported by memorandum in Exhibit One, all fee's have been paid. The ordinance was advertised in the Okeechobee News on March 24. The easements as required by FPL and OUA are addressed in the ordinance. Should the church wish to reassign those easements they can do so at a later date with the individual utility companies. There were five certified letters mailed to the surrounding property owners within a 600-foot radius. One property owner who lives at the comer of Southwest 51h Avenue and 41h Street called to strongly object to any street or alley being closed. His expression was that the City will need these at a future date and should not be giving them away. The Day Care Center across the street from the Church advised that they do not have any objection to the closings. 224 APRIL 5, 2005 - REGULAR MEETING - PAGE 4 OF 18 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. Council Member Watford noted the comments from City Engineer Bermudez, wanting to ensure Staff, the Council does appreciate his concerns and they were not taken lightly. He also noted that he hopes the church will take this under consideration when their future plans go for site plan review and that drainage will be addressed at that time. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 887, amending Council Member Watford moved to read by title only, proposed Ordinance No. 887, amending the City General the City General Employees' and OUA Employees' Retirement Employees' and OUA Employees' Retirement System; seconded by Council Member Markham. System - Scott Christiansen, Pension Attorney (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA 11 WATFORD - YEA MOTION CARRIED. B.1. 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, BY AMENDING THE DEFINITION OF "RETIREMENT"; AMENDING SECTION 3, BOARD OF TRUSTEES, AMENDING SECTION 8, DISABILITY, AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; 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 SECTION 25, REEMPLOYMENT AFTER RETIREMENT, AMENDING SECTION 27, PRIOR GOVERNMENT SERVICE; ADDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN, PROVIDING 1 APRIL 5, 2005 - REGULAR MEETING - PAGE 5 OF 1182 2 V iSION 1/OTf VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 887 by title only FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN continued. CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 887. Council Member Markham moved to adopt proposed Ordinance No. 887; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The Council briefly discussed this item. There was an extensive discussion with Pension Attorney Christiansen at the first reading. Council also received confirmation in writing from the actuarial that these changes would not have a financial impact on the plans. This also creates the "DROP" (Deferred Retirement Option Plan) program for the General Employees. 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. 888, amending Council Member Watford moved to read by title only, proposed Ordinance No. 888, amending the Police Officers' the Police Officers' Retirement System - Scott Christiansen, IIIRetirement System; seconded by Council Member Williams. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 888 by title only 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 SUBSEQUENTLYAMENDED; 226 APRIL 5, 2005 - REGULAR MEETING -PAGE 6 OF 18 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. c) City Attorney to read proposed Ordinance No. 888 by title only continued. 2. a) Motion to adopt proposed Ordinance No. 888. is comments ana aiscussion. c) Vote on motion. PROVIDING FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR A BOARD OF TRUSTEES, PROVIDING FOR FINANCESAND 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; RETIREEDIRECTED PAYMENTS; EXEMPTION FROMEXECUTIONAND 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 SEVERABILITYOF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE Council Member Markham moved to adopt proposed Ordinance No. 888; seconded by Council Member Chandler. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The Council briefly discussed this item. There was an extensive discussion with Pension Attorney Christiansen at the first reading. Council also received confirmation in writing from the actuarial that these changes would not have a financial impact on the plans. This also creates the "DROP" (Deferred Retirement Option Plan) program for the Police Officers. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. APRIL 5, 2005 - REGULAR MEETING -PAGE 7 OF 18 , 227 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D.1. a) Motion to read by title only proposed Ordinance No. 889, amending Council Member Watford moved to read by title only proposed Ordinance No. 889, amending the Firefighters' the Firefighters' Retirement System - Scott Christiansen, Pension Retirement System; seconded by Council Member Williams. Attorney (Exhibit 4). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILUAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 889 by title only. 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 ---••—•—.--�...�...���������.�..��...�.........w...ru..�.,�►�er�u/Nn/►IIPTAIf►CN.Dt1A/1111\I/%GAO AYYII ■,. I\V -.rnw1 v1.. v... r.•v..��• . �..�. �.. �..��..��. _._____ __________ s- -. CONVICTION AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS, PROVIDING FOR INDEMNIFICATIONAND DEFENSE OF CLAIMS; PROVIDING FOR TRANSFERS WITHIN THECITY; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT, PROVIDING FOR DIRECT TRANSFERS OFEUG►BLEROLLOVERDISTRIBUTIONS; PROVIDING FOR PURCHASE OFCREDITFOR PRIOR FIRE SERVICE; PROVIDING FOR A DEFERRED RETIREMENT OPTION PLAN, PROVIDING FOR REEMPLOYMENT AFTER RETIREMENT; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERAB►LITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.- 2. a) Motion to adopt proposed Ordinance No. 889. 111 Council Member Markham moved to adopt proposed Ordinance No. 889; seconded by Council Member Williams. 228 APRIL 5, 2005 -REGULAR MEETING -PAGE 8 OF 18 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D. 2. b) Public comments and discussion. c) Vote on motion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The Council briefly discussed this item. There was an extensive discussion with Pension Attorney Christiansen at the first reading. Council also received confirmation in writing from the actuarial that these changes would not have a financial impact on the plans. This also creates the "DROP" (Deferred Retirement Option Plan) program for the Fire Fighters. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. E.1. a) Motion to read by title only proposed Ordinance No. 890, amending Council Member Watford moved to read by title only, proposed Ordinance No. 890, amending the Future Land Use the Future Land Use Map, Application No. 05-003-SSA, submitted Map, Application No. 05-003-SSA, submitted by Mark Goodbread, co -property owner of KMJ of Okeechobee, Inc.; by Mark Goodbread, co -property owner of KMJ of Okeechobee, Inc. seconded by Council Member Williams. - CityPlanning Consultant (Exhibit 5). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 890 by title only. Attorney Cook read proposed Ordinance No. 890 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THECITYOFOKEECHOBEECOMPREHENS/VEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBEDHEREINFROMSINGLE-FAMILYTOMULTI-FAMILY; PROVIDING FORINCLUSION OFORDINANCEANDREVISEDFUTURELAND USEMAPIN THE COMPREHENSIVEPLAN, PROVIDINGFORAN EFFECTIVE DATE." 'J H APRIL 5, 2005 - REGULAR MEETING - PAGE 9 OF 18 229 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. E. 2. a) Motion to adopt proposed Ordinance No. 890. Council Member Markham moved to adopt proposed Ordinance No. 890; seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. This Ordinance amends the Future Land Use designation on Lots 14 through 19 of Block 32 and Lots 7 through 19 of Block 35, City of Okeechobee, from Single Family to Multi -Family. Clerk Gamiotea reported by memorandum in Exhibit Five all fee's have been paid. The ordinance was advertised in the Okeechobee News on March 24. The Planning Staff found the application not to be in compliance with the Comprehensive Plan and has recommended denial. The Land Planning Agency however, discussed the matter and voted unanimously to find the application in compliance and recommended approval. Due to this being a small scale (less than 10 acres) amendment, it is not necessary to mail notices to the surrounding property owners, nor post a sign on the property. Mr. Jim LaRue, City Planning Consultant was present and addressed the Council referring to the application and Planning Staff Report. He noted that due to information presented at the March 22"d Land Planning Agency Meeting, Planning Staff submitted a revised report and is now recommending approval. Planning Staff Report Comprehensive Plan Analysis: (A) As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. However, given its proximity to Taylor Creek, the Comprehensive is being proposed by the applicant. As such, the request would be inconsistent with Comprehensive Plan. Specifically, Policy 7.2, which is as follows: Policy 7.2: The City shall continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. (B) The OUA has determined that sewer and water can be made available to this property. (C) The existing neighborhood seems to reflect a low level of residential intensity with vacant land to the North, South and East. The proposed development would be out of scale with adjacent and nearby uses and could lead to scattered multi -family development with incremental requests when approved. (D) There is no evidence presented to show that this property would be best served by changing its Future Land Use category to Multi -Family. 230 APRIL 5, 2005 - REGULAR MEETING - PAGE 10 OF 18 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. E. 2. b) Public comments and discussion. The additional items noted in the revised Planning Staff Report were: 1) Evidence was presented showing that the Multi -Family development would be on OUA water and sewer. 2) There was also public input that indicated individuals within the proximity of this property were wishing to retain Industrial uses. VOTE c) Vote on motion. KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. F.1. a) Motion to read by title only proposed Ordinance No. 891,amending Council Member Watford moved to read by title only, proposed Ordinance No. 891,amending the Future Land Use the Future Land Use Map, Application No. 05-004-SSA, submitted Map, Application No. 05-004-SSA, submitted by Frank Altobello, property owner; seconded by Council Member by Frank Altobello, property owner - City Planning Consultant Chandler. (Exhibit 6). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA c) City Attorney to read proposed Ordinance No. 891 by title only. 2. a) Motion to adopt proposed Ordinance No. 891. L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 891 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLOR/DAAMENDING THECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBEDHEREINFROMSINGLE-FAMILYTOMULTI-FAMILY; PROWDINGFORINCLUSION OFORDINANCEAND REVISED FUTURELAND USEMAPIN THECOMPREHENSIVEP"kPROVIDING FORAN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 891; seconded by Council Member Williams. Mayor Kirk asked whether there were any questions or comments from the public. There were none. APRIL 5, 2005 - REGULAR MEETING - PAGE 11 OF 18 231 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. F. 2. b) Public comments and discussion. This Ordinance amends the Future Land Use designation on 9.9 acres of unplatted lands located in the Southwest section from Single Family to Multi -Family. Clerk Gamiotea reported by memorandum in Exhibit Six that all fee's have been paid. The ordinance was advertised in the Okeechobee News on March 24. The Planning Staff originally found the application not in compliance. However, this was changed due to information presented at the March 22nd Land Planning Agency Meeting. The application is now considered in compliance with the Comprehensive Plan and with a recommendation of approval. The Land Planning Agency voted unanimously to recommend approval as well. Due to this being a small scale (less than 10 acres) amendment, it is necessary to mail notices to the surrounding property owners, nor post a sign on the property. Planning Staff Report Comprehensive Plan Analysis: (A) In examining the Multi -family Future Land Use category, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single Family Future Land Use category classification and have development limited to Single Family residences. (B) The OUA has determined that sewer and water can be made available to this property. (C) The existing neighborhood seems to reflect a low level of residential intensity with a proposed low density residential development occurring to the North of the property. Commercial and industrial uses occupy property to the East and part of the North. Residential Multi -Family apartments would be inconsistent with the existing pattern of the neighborhood. This area, if allowed to be changed to Multi -Family, could cause more rezonings in this single family area. (D) There is no evidence presented to show, that this property, in terms of infrastructure capacity and compatibility would be best ___ ....J L.....L.........,.. R.. C,4. _ I --A 1 Inn nn4nnnn1 +n RAIIW_fnMily Mr. LaRue advised that the following items were what was presented at the Land Planning Agency meeting. 1) Evidence was presented to show how ingress/egress for development at this site could be achieved from Southwest 2"d and Southwest 6" Streets. 2) Institute of Traffic Engineers (ITE) peak -hour trip generation typical rates for Multi -Family use were presented illustrating that while Multi -Family dwelling units could be twice the Single -Family units at this site, traffic impact rates for Multi -Family use are typically 25 percent to 45 percent less in volume than Single -Family use. 3) The proximity of the railroad track and Industrial uses to the East were visible deterrents for Single -Family development at this location, as well as Multi -Family uses to the North. 232 APRIL 5, 2005 -REGULAR MEETING -PAGE 12 OF 18 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. F. 2. b) Public comments and discussion continued. c) Vote on motion. VII. NEW BUSINESS. A.1. a) Motion to read by title only and set April 19, 2005 as a final public hearing date for proposed Ordinance No. 892, regarding Rezoning Application No. 05-002-R, submitted by Mark Goodbread - City Planning Consultant (Exhibit 7). 4) Confirmation was made by the applicant that sewer and water would be provided by OUA. Council Member Watford noted for the record that he had been contacted by several of the surrounding property owners who expressed their concerns over what type of multi -family project this might be. He also asked what the next step was for the applicant. Mr. LaRue responded that platting the area into a subdivision, after the rezoning application, which is another item on tonight's agenda. However, he cautioned the Council not to get into specifics of a project at this point. The only thing that can be looked at is the land use of the area. Council Member Williams also noted for the record, she had been contacted by surrounding property owners. Their biggest concern was drainage. The Council noted that Staff needs to carefully review the situation when they meet as the Technical Review Committee to review the pre -application plat. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:49 P.M. Council Member Watford moved to read by title only, and set April19, 2005 as a final public hearing date for proposed Ordinance No. 892, regarding Rezoning Application No. 05-002-R, submitted by Mark Goodbread; seconded by Council Member Chandler. J L L APRIL 5, 2005 - REGULAR MEETING -PAGE 13 OF 18 ' 2 3 3 VII. 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. 892 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 892. b) Discussion. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 892 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOFLANDMOREPART►CULARLYDESCRIBEDHEREIN, FROMRESIDENTIALSINGLEFAMILY (RSFL1) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMFq ZONING DISTRICT, AMENDING THE ZONING MAPACCORD►NGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 892; seconded by Council Member Williams. This Ordinance amends the zoning designation on Lots 14 through 19 of Block 32 and Lots 7 through 19 of Block 35, City of Okeechobee, from Residential Single Family -One to Residential Multiple Family. meeting. As stated previously, the Planning Staff has changed their recommendation from denial to approval based on information presented also at the March 22"d Planning Board Meeting. The Planning Board is also recommending approval. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 234 APRIL 5, 2005 - REGULAR MEETING - PAGE 14 OF 18 VII. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only and set April 19, 2005 as a final public Council Member Watford moved to read by title only, and set April 19, 2005 as a final public hearing date for proposed hearing date for proposed Ordinance No. 893, regarding Rezoning Ordinance No. 893, regarding Rezoning Application No. 05-003-R, submitted by Frank Altobello, property owner; Application No. 05-003-R, submitted by Frank Altobello, property seconded by Council Member Chandler. owner - City Planning Consultant (Exhibit 8). 11 b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 893 by title only. Attorney Cook to read proposed Ordinance No.893 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOFLANDMOREPARTICULARLYDESCR►BEDHEREIN, FROMHOLDING(H)ANDINDUSTRIAL (IND) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 893 III Council Member Markham moved to approve the first reading of proposed Ordinance No. 893; seconded by Council Member Williams. b) Discussion. This Ordinance amends the zoning designation on 9.9 unplatted acres from Residential Single Family -One to Multiple III Family. This rezoning application goes with Application No. 05-004-SSA, approved during the Public Hearing portion of the meeting. As stated previously, Planning Staff has changed their recommendation from denial to approval based on information present at the March 220d Planning Board meeting. The Planning Board is also recommending approval. Council Member Watford, stated for the record, he had received calls from surrounding property owners regarding traffic impacts on this area. City Staff must concentrate on this concern and try to alleviate this problem, again this will be addressed during Technical Review Committee review of the pre -application plat. 1 APRIL 5, 2005 - REGULAR MEETING - PAGE 15 OF 18 235 1 VII. NEW BUSINESS CONTINUED. B. 2. c) Vote on motion. C. Motion to award a bid contract to Lozano Builders, LLC, pertaining to the CDBG Commercial Rehabilitation Business Projects - Nancy Phillips, Grants Specialist (Exhibit 9). VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to award a bid contract to Lozano Builders, LLC, in the amount of forty nine thousand, two hundred seventy-eight and zero cents ($49,278.00); pertaining to the Community Development Block Grant, Commercial Rehabilitation Business Projects; seconded by Council Member Williams. Grant Specialist Nancy Phillips reported that on March 15, 2005 only one firm submitted a response to the bid solicitation, Lozano Builders of Stuart. The work to be completed is on five businesses. North Park Tire Center $15,468.00; Park View Plaza $8,530.00; Okeechobee Abstract $7,455.00; Los Cocos Mexican Restaurant $7,325.00 and Display Systems $10,500.00. Each business was allotted $15,000 based on CDBG guidelines The owners of North Park Tire Center have agreed to reimburse the City the difference of $468.00, which is over the allotted amount. All work must be completed by September 28, 2005 when the grant expires. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Consider a request for a twenty percent (20%) reduction of parking - Item was withdrawn from the agenda. John Whidden (Exhibit 10). APRIL 5, 2005 -REGULAR MEETING -PAGE 16 OF 18 , VII. NEW BUSINESS CONTINUED. E. Consider a request to approve Main Street banner requirements - Maureen Burroughs from Okeechobee Main Street was present to address the Council concerning any questions or Maureen Burroughs (Exhibit 11). suggestions about the Banner Insert Requirements. After a brief discussion and reviewing the requirements which stated the color, size, fee and logo limitations, Council agreed the requirements should stipulate, insert advertisement use is for Corporate Sponsored Events only. F. Discussion pertaining to the City Firefighters joining the IAFF (International Association of Fire Fighters) - Karl Holtkamp (Exhibit 12). Council Member Watford moved to approve Okeechobee Main Street insert requirements with the amendment for the Corporate Sponsor Events; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Mr. Olie Hedrick, President of the Local International Association of Fire Fighters Union was present to address the Council. The City Firefighters have been members of Local 2918 since January 2005. They are submitting an application to Public Employee Relations Commission for a separate representation for the City of Okeechobee Firefighters. The firefighters feel this union will bring positive changes to the department and strengthen the rapport between the County Fire Rescue and the City Firefighters improving fire service for the whole community. There was no official action taken on this matter. Attorney Cook is to follow up with G. Consider appointments to the Code Enforcement Board - City Clerk Following a brief discussion, Council Member Williams moved to reappoint Mack Worley and Rennae Sweda as (Exhibit 13). Regular Code Enforcement Board Members, to move Bea Castorina from Altemate to Regular Member, and appoint Heather Hancock as an alternate member, terms beginning May 1, 2005 and ending April 30, 2008; seconded by Council Member Markham. The Mayor and Council noted that this is the first time so many citizens have applied. They thanked everyone for wanting to be involved in the community. Mrs. Liz Weisser is the Board Member who is rotating off, she will also be recognized for her dedication to the City at a later date. 1 1 APRIL 5, 2005 - REGULAR MEETING- PAGE 17 OF 18 - 237 VII. NEW BUSINESS CONTINUED. G. Consider appointments to the Code Enforcement Board continued. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA 11 MOTION CARRIED. H. Consider appointments to the Planning Board/Land Planning Following a brief discussion, Council Member Williams moved to reappoint Kenneth Kelleras a regular Planning Agency/Board of Adjustments/Design Review Board - City Clerk Board/Land Planning AgencyBoard of Adjustment/Design Review Board member, to move Devin Maxwell (Exhibit 14). from alternate to regular member, appoint Terry Burroughs as alternate memberterms L* inning May 1, 2005 and ending April 30, 2008, and appoint John Whidden as altemate member, term beginning May 1, 2005 and ending April 30, 2007: seconded by Council Member Markham. The Mayor and Council noted that this is the first time so many citizens have applied. They thanked everyone for wanting to be involved in the community. Mrs. Sandra Jones and Mr. Daniel Creech are the Board Members who are rotating off, they will also be recognized for their dedication to the City at a later date. VOTE CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. I. Consider a request to purchase City of Okeechobee property - Ty Mr. Ty Hancock is requesting to purchase Lots 6 and 7 of Block 5, Royal Oaks Addition which is located in the 2100 Hancock (Exhibit 15). 1 block of Southwest 3`d Avenue. The Council decided for Public Works Director Robertson to submit a plan of use for the property, since it is being used as storage by that department at this time. Whether an appraisal of the property will be needed, will be determined at a later date. 233 APRIL 5, 2005 -REGULAR MEETING -PAGE 18 OF 18 . VII. NEW BUSINESS CONTINUED. J. Discuss amending the deed restrictions for the Commerce Center, regarding the height of structures - City Attorney (Exhibit 16). Council Member Watford moved to amend the Commerce Center Deed Restrictions height requirements to coincide with Land Development Regulations and Federal Aviation Administration height guidelines; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. K. ITEM ADDED TO AGENDA: Robert Meyers, Commerce Center. Mr. Robert Meyers addressed the Council and asked for a selling price of Lots 4 and 5 at the Commerce Center. Federal Castone needs more space than what was originally anticipated. After much discussion and consideration, the Council authorized Mayor Kirk to negotiate a price for these lots. The matter will be brought back to the Council. VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that when 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 - . . . .. . .. - --- --- -----1:- 4- ;,1__4 ra, r L.& r­o are for the sole purpose of backup for official records of the Clerk. —old James E. Kirk, Mayor ATTEST: �- Lane Gamiotea, CMC, City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:40 P.M. The next regularly scheduled meeting is April 19, 2005. 1 I AFFIDAVIT OF PUBLIAR 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 Cit I Council Meeting PO #12811 in the matter of CitI of Okeechobee Cit of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 Court, In the was published in said newspaper in the issues of 03/31/2005 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. Jame; . Hughes, Jr., (Publisher)( Sworn to and subscribed before me `n this (iQ�t day of A.D. 2005 (SEAL) Notary Public SPpY PUB 1Zosealee A. Brenr Cor171111ssron#DD3t8 N. Q Expires: Jun 25, 2( Bonded Th- �9i�OF Atlantic Bonding Co., • NOTICE 6F CITY COUN6. MBgTING NOTICE IS FI6R my CIM dais the . City of Okeechobee City Council'*111 ntelt in Regular Session on TwWay, April S, 2005, 6:00pm, City Hell, 55 SE 3rd Is invited RM200, l and Okeechobee, Florida. The public encouraged to attend: For a copy of the agenda contact City Adtniaisttation. at (863) 763-3372.: x 212. PLEASE TAKE NOTICE AND BE, ADVISED that if.ony Person desires to peal any decision nwde by the City Council with respect to any matter con"red •at thinI. mewing, such,Interested..p¢rsot("wlll:psgtl.:N record of the proceedings,;end for% s;h pur-:. pose tray need to ensure t •verbatim record of the proceedings is made, which'record tn- . cludes the testintony hnd evidence upon which.; the appeol is to be based. Tapes areused for the sole purpose of .back-up for the Clerk's ... office, c . _. - Inn accordance with the�Arrcrieans with Disabilities Act (ADA) and Florida Statute. 286.26, persons with disabilities needing ape ciol accommodation to participate in this pro• ceeding should contact an Le Gami�e� l. later than two (2) . g dayslm proceeding at 863-763.3372 x 214; if You are heasing'or voice 'unpaired, call TDD I.SW 222-3,448 (voice) m 1-8881gic 7-5620 (M), ,. LANE GAMIOTBA, City Clerk PUBLISH 03/31/2M OKEECHOBEBTBNBS- -- Page 4- Tape 1 side A CITY OF OKEECHOBEE - April 5, 2005 - REGULAR CITY COUNCIL MEE ING- HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, April 5, 2005, City Council Regular Meeting 6:00 p.m II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, Basi Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present 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 C ��*ny� 11 , `i Deputy Clerk Melisa Eddings / 1 t tt '1 :.l.lCV� / 10 t f (i k Q W1l`C (`r IV. MINUTES - City Clerk. ')4� A. Council Member �.�a�moved to dispensewith�fhe of Cgu9cil Action for the March 15, 2005 Regular Meeting; VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIEDl4ARRIED `;} V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today VI. MAYOR KIRK OPENED THE PUBLIC HEARING/FOR ORDINANCE First Baptist Church; Absent iding and approve the Summary econded by Council Member agenda. ION AT P.M. A. 1. a) Council Member moved to read by title only proposed Ordinance No. 884, regarding Street and Alleidosing No. 74, submitted by First Baptist Church - City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIE�44WE. • Page .2. c) Attorney Cook read proposed Ordinance No. 884 by title only CLOSING, VACATING AND ABANDONING THE ALLEYS OR AL RIGHTS-OF�WAYAS DESCRIBED HEREIN, WITHIN BLOCK 194, A PORTION OF SOUTHWEST 5r" STREET, AS RECORDED IN P1 RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVI SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEME PURPOSES; AND DIRECTING THE CITYCLERK TO RECORD TH RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND I FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member `" )��t.2 6 ,c moved to adopt proposed Or Council Member' yy� b) Public comments and discussion. `<' C'(t r u rzxz`1 - /u Clerk Gamiotea reported by memorandum in Exhibit One, all fee's have C advertised in the Okeechobee News on March 24. The easements as r addressed in the ordinance. Should the church wish to reassign those ease date with the individual utility companies. There were five certified letters ma owners within a 600-foot radius. One property owner who lives at the corner Street called to strongly object to any street or alley being closed. His expre: these at a future date and should not be giving them away. The Day Care C Church advised that they do not have any objection to the closings. b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIEDI RRIED. s follows: "AN ORDINANCE EYWAYS AND STREETS OR :ITYOFOKEECHOBEE, AND >I T BOOK 5, PAGE 5, PUBLIC IG UNTO THE CITY ITS IT FOR PUBLIC UTILITIES ORDINANCEIN THEPUBLIC )R OKEECHOBEE COUNTY, nance No. 884; seconded by m paid. The ordinance was uired by FPL and OUA are ents they can do so at a later d to the surrounding property Southwest 5" Avenue and 4`h on was that the City will need ter across the street from the • • Page -3- B.1. a) Council Member dam--- moved to read by title amending the City General i ployees' and OUA Employees' Ref Pension Attorney (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: DENIE /CARRIED. C) Attorney Cook read proposed Ordinance No. 887 by title only as fol CITYOF OKEECHOBEEAMENDING THE CITYOF OKEECHOBI AUTHORITYEMPLOYEES'RETIREMENT SYSTEM, ADOPTED 1 828; AMENDING SECTION 1, DEFINITIONS, BY AMEP "RETIREMENT"; AMENDING SECTION 3, BOARD OF TRUS' DISABILITY, AMENDING SECTION 10, OPTIONAL FORMS OFB 17, REPEAL OR TERMINATION OF SYSTEM, AMENDING SE EXECUTION, NON ASSIGNABILITY; AMENDING SECTION 23, EMPLOYMENT; AMENDING SECTION 25, REEMPLOYMENT Af SECTION 27, PRIOR GOVERNMENT SERVICE; ADDING SECTI( OPTION PLAN, PROVIDING FOR CODIFICATION, PROVII PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT h EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed i Council Member b) Public comments and discussion. i 651) C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIANJS- MOTION: NAI . proposed Ordinance No. 887, nt System - Scott Christiansen, Ns: "AN ORDINANCE OF THE AND OKEECHOBEE UTILITY RSUANT TO ORDINANCENO. ING THE DEFINITION OF ES; AMENDING SECTION 8, VEFITS; AMENDING SECTION TION 18, EXEMPTION FROM 'ILITARY SERVICE PRIOR TO _R RETIREMENT; AMENDING ' 28, DEFERRED RETIREMENT VG FOR SEVERABILITY OF REWITH AND PROVIDING AN inance No. 887; seconded by c�.c-Cat-F�,E t`✓. �f�Gl-L�[4' 0 40 Page -4- C.1. a) Council Member _ moved to read by title amending the Police Offic6rk ' R�,,j� n,: n, System - Scott Christia seconded by Council Member _ AJAL��x,�c . b) Vote on motion to read by title c VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DEI c) Attorney Cook read pr(.;, �-ed ar 88 by title only as foil CITYOFOKEECHOBf7 FS411' uANDFL6 iATINGTHECITY POLICE OFFICERS UST FUND, ADOPTED PURSi SUBSEQUENTLY, h1F--nIu U; P 7 /1 r"NGFOR DEFINITIONS, P PROVIDING F0, r ;" IOARD ) ' { `TEES; PRO"— G MANAGEMENT;PRC:j ;: , 9F. IL NTr ;jUTIOI' tiHOVIDIN' ELIGIBILITY; PROVIDIA - F- I RET' jw r#-LT DEATH DISABILITY BENEFITS; PRO VIDIh FOR VESTING OF BENS FORMS OFBENEFITS, PROVIDINC JRBENEFICIARIES; PROV PROVIDING FOR REPORTS TO. 1E DIVISION OF RETIREMEN' OF RETIREES; PROVIDING I R A f iMUM PENSION L DISTRIBUTION OF BENEF17 PRO' 1,AG MISCELLANEOUS I REPEAL OR TERMINATION OF 7-'-IE SYSTEM, PROVIDING ORDERS; RETIREE DIRECTED 'AYMENTS; EXEMPTION R ASSIGNABILITY; PROVIDING F R PENSION VALIDITY; PROI PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDII FORFEITURE, FALSE, MISLE ', DING OR FRAUDULENT ST) INDEMNIFICATION AND DLFLNSE OF CLAIMS; PROVIDING F CITY; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE PROVIDING FOR PURCHASE OF CREDIT FOR MILITARYSERV PROVIDING FOR PRIOR POLICE SERVICE, PROVIDING FOF OPTION PLAN; PROVIDING FOR REEMPLOYMENT AFTER RI CODIFICATION, PROVIDING Ft 1R SEVERABILITY OF PR! ORDINANCES IN CONFLICT HEIti FWITH AND PROVIDING AN E r 2. a) Council Member moved to adopt proposed Ordinan Member b) Public comments and discussion. �( c) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ RRIED. ly proposed Ordinance No. 888, ;n, Pension Attorney (Exhibit 3); )ws: "AN ORDINANCE OF THE OF OKEECHOBEE MUNI CI PAL IANT TO ORDINANCE 749, AS ZOVIDING FOR MEMBERSHIP, FOR r`'°ANCES AND FUND ..�rNEFITAMOUNTSAND BENEFITS; PROVIDING FOR FITS; PROVIDING OPTIONAL DING CLAIMS PROCEDURES, PROVIDING FOR A ROSTER MITATION, PROVIDING FOR ROVISIONS; PROVIDING FOR POR DOMESTIC RELATIONS !OM EXECUTION AND NON- 'IDING FOR FORFEITURE OF G FOR CONVICTION AND TEMENTS; PROVIDING FOR DR TRANSFERS WITHIN THE ROLLOVER DISTRIBUTIONS; CE PRIOR TO EMPLOYMENT; A DEFERRED RETIREMENT TIREMENT, PROVIDING FOR 'VISIONS; REPEALING ALL FFECTIVE DATE." No. 888; seconded by Council • • Page -5- D.1.a) Council Member ? moved to read by title onl, amending the Firefighter44 Retirement System - Scott Christiansen, seconded by Council MemberIQ b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENT D ARRIED. / c) proposed Ordinance No. 889, Pension Attorney (Exhibit 4); Attorney Cook read proposed Ordinance No. 889 by title only as folio s: "AN ORDINANCE OF THE CITY OF OKEECHOBEEAMENDING THECITYOFOKEECHOBE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE N . 750, AS SUBSEQUENTLY AMENDED; PROVIDING FOR DEFINITIONS; PROVIDING FORM BERSHIP, PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING FOR FINANCESAND FUN MANAGEMENT; PROVIDING FOR CONTRIBUTIONS, PROVIDING FOR BENEFIT AMOUNTS A D ELIGIBILITY, PROVIDING FOR PRE -RETIREMENT DEATH BENEFITS; PROVIDING F R DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTI NAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CLAIMS PRO EDURES, PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT; PROVIDING F R A ROSTER OF RETIREES; PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVI ING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PR VIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR DOMESTIC LATIONSORDERS; RETIREE DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION ND NON ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORF ITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR TRANSFERS WITHIN THE CITY; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EM LOYMENT, PROVIDING FOR DIRECT TRANSFERS OFELIGIBLEROLLOVER DISTRIBUTIONS PROVIDINGFOR PURCHASE OF CREDIT FOR PRIOR FIRE SERVICE; PROVIDING FORA DEF RRED RETIREMENT OPTION PLAN; PROVIDING FOR REEMPLOYMENT AFTER RETI EMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PR ISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN E FECTIVE DATE." 2. a) Council Me er`^ moved to adopt proposed Ordi Member . b) Public comments and discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS _— MOTION: DENIED/ RRIED. No. 889; seconded by Council • • Page -6- E.1. a) Council Member Li-i(L moved to read by title only proposed Ordinance No. 890, amending the Future Land Lie Map, Application No. 05-003-SSA, submitted by Mark Goodbread, co - property owner of of Okeechobee, Inc. - City Planning Cons Itant (Exhibit 5); seconded by Council Member MLO� b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED ARRIE� c) Attorney Cook read proposed Ordinance No. 890 by title only as foll ws:"AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDAAMENDING THE CITYOFO CHOBEECOMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVI SING THEFUTURELAND USE MAP ON A CERTAIN TRACTOFLAND MOREPARTICULARLYDESCRIBEDPEREINFROMSINGLE FAMILY TOMULTI-FAMILY; PROVIDINGFORINCLUSIONOFORDINANCE ANDREWSEDFUTURELAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AA EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinan e No. 890; seconded by Council Member J '% b) Public comments and discussion. Clerk Gamiotea reported by memorandum in Exhibit Five all fee's have en paid. The ordinance was advertised in the Okeechobee News on March 24. The Planning Staff found the application not to be in compliance with the Comprehensive Plan and has recommended denial. The Land Planning Agency however, discussed the matter and voted unanimously to find the application in compliance and recommended approval. Due to this being a small scale (less than 10 acres) amendment, it is not r ecessary to mail notices to the surrounding property owners, nor post a sign on the property. Planning Staff Report Summary of Application: The subject property is cur ntly classified as Single -Family on the FLUM. The Single -Family category only allows one single family dwell ng on each lot. The applicant is requesting Multi -Family which will allow apartments, duplexes, and single family homes on the property. The applicant is proposing to construct a Multi -Family development on the site. There have been no studies presented showing a need for development other than single family resident al development at this location. Planning Staff Report Comprehensive Plan Analysis: (A) As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. However, given its proximity to Taylor Creek, the Comprehensive Plan states that the City must protect environmentally sensitive areas from high density development such as what is being proposed by the applicant. As such, the request would be inconsistent with Comprehensive Plan. Specifically, Policy 7.2, which is as follows: Policy 7.2: he City shall continue to protect environmentally sensitive areas from development of a type and intensity hich would disrupt their natural functions. (B) The OUA has determined that sewer and water can be made available to this property. (C) The existing neighborhood seems to reflect a low level of residential intensity with vacant land to the North, South and East. The proposed development would be out of scale with adjacent and nearby uses and could lead to scattered multi -family development with incremental requests if approved. (D) There is no evidence presented to show that this property would be best served by changing its Future Land Use category to Multi -Family. Planning Staff Report Analysis and Conclusions: Based on the above linformation, staff recommends denial of the request to amend the Future Land Use Map from Single Family to Multi -Family. j "' erc /--tl t'x t6T 66Y67 nj sly7L lyl- Page -7- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED F.1. a) Council Member l moved to read by title 891,amending the Future La d Use Map, Application No. 05-004-S: pro e y owner - City Planning Consultant (Exhibit 6); s( II 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. 891 by title only as foll CITYOFOKEECHOBEE, FLORIDAAMENDING THECITYOFOKI PLAN, ORDINANCE NO. 635 AS AMENDED, BYREVISING THE i CERTAIN TRACT OFLAND MOREPARTICULARLYDESCRIBED i TO MULTI -FAMILY; PROVIDING FORINCLUSION OFORDINANC USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AI only proposed Ordinance No. A, submitted by Frank Altobello, conded by Council Member NS: "AN ORDINANCE OF THE .CHOBEE COMPREHENSIVE JTURE LAND USE MAP ON A EREI N FROM SI NGLE-FAMI L Y AND REVI SED FUT URE L A ND EFFECTIVE DATE." 2. a) Council Member P 04ekl tit -moved to adopt proposed Ordinance No. 891; seconded by Council Member ` L b) Public comments and discussion. Clerk Gamiotea reported by memorandum in Exhibit Six that all fee's have been paid. The ordinance was advertised in the Okeechobee News on March 24. The Planning Staff found the application to be in compliance with the Comprehensive Plan and recommended approval. The Land Planning Agency voted unanimously to recommend approval as well. Due to this being a small scale (less than 10 acres) amendment, it is necessary to mail notices to the surrounding property owners, nor post a sign on the property. Planning Staff Report Summary of Application: The applicant is reque; Use category to develop 9.9 acres of land as a 96 unit Multi -Family approximately 10 units per acre. Planning Staff Report Comprehensive Plan Analysis: (A) In examining category, the subject property would seem to be more consistent with remaining in the Single Family Future Land Use category classification and h Family residences. (B) The OUA has determined that sewer and water can t (C) The existing neighborhood seems to reflect a low level of residential int( residential development occurring to the North of the property. Commercial a to the East and part of the North. Residential Multi -Family apartments wouli pattern of the neighborhood. This area, if allowed to be changed to Multi -Fa in this single family area. (D) There is no evidence presented to shoe infrastructure capacity and compatibility would be best served by changinc Multi -family. Planning Staff Report Analysis and Conclusions: Based on the above it previous objections. It should also be noted that the LPA recommended g the Multi -Family Future Land This would allow he Multi -family Future Land Use omprehensive Plan policies by ve development limited to Single made available to this property. isity with a proposed low density d industrial uses occupy property be inconsistent with the existing lily, could cause more rezonings , that this property, in terms of its Future Land Use category to rmation, the Staff withdraws its at the Small Scale change be 0 • 6 /1/ 6 j • Page -8- approved. Request to amend Small Scale Future Land Use Map from Sing e-Family to Multi -Family should be denied. At the March 22°d LPA Public Hearing new infomation was prese ited and based on the evidence presented the Staff withdrew their previous objection. It should also be note I that the LPA recommends that the Small Scale change be approved. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS -- MOTION: DENIED RRI MAYOR KIRK CLOSED THE PUBLIC HEARING ATP.M. VII. NEW BUSINESS. A.1. a) Council Member moved to read by title only and set April 19, 2005 as a final public hearing date for proposed Or finance No. 892, regarding Rezoning Applica ion No. 05-002-R, submitted by Mar Good read - City Planning Consultant (Exhibit 7); s conded by Council Member b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIELRRI C) Attorney Cook read proposed Ordinance No. 892 by title only as foil ws: "AN ORDINANCE OF THE CITYOFOKEECHOBEE,FLORIDA AMENDING THE OFFICIAL Z NING MAP OF OKEECHOBEE BYREZONINGA CERTAIN TRACTOFLANDMOREPARTICULAR YDESCRIBED HEREIN, FROM RESIDENTIAL SINGLEFAMILY(RSF-1) ZONING DISTRICT TOR SIDENTIALMULTIPLEFAMILY (RMF, ZONING DISTRICT, AMENDING THE ZONING MAP AC ORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member k ­�moved torapprove the firs reading of proposed Ordinance No. 892; seconded by Council Member b) Discussion. Planning Staff Report Summary: The applicant has requested a Future and Use change of Multi -Family for this property that was not recommended for approval. There are no maser plan studies that indicate that this area, given its proximity to Taylor Creek, should be changed to Residential Multiple Family (RMF) zoning. Planning Staff Report Analysis: (1) As the property is now in the Single -Fa a change to Multi -Family zoning would be contrary to the Comprehensive PI allowed in the requesting zoning district. (3) The proposed zoning and USE public at this time. (4) Single-family, not Multi -Family use, is compatible with to Residential Multiple Family (RMF) zoning could be a deterrent to a ste development. (6) Uses can be buffered. (7) It is not known how this dei facilities. (8) The Multi -Family zoning could create infrastructure impacts tha no unnecessary restrictions on the property other than those set forth in tt Unified Land Development Code. (10) The proposed change of zoning cc privilege rather than being consistent with the public welfare. nily future land use designation, in. (2) Multi -family residential is is not in the best interest of the djacent land uses. (5)Changes )le and balanced single family sity pattern would affect public are not desirable. (9) There are Comprehensive Plan and the uld be interpreted as a special • • Page -9- Planning Staff Report Summary and Conclusion prior to Certification: I he application is not consistent with the requirements of the City's Comprehensive Plan at this time. The ap licant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use qategory which was also denied. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from Residential Single Family (RSF-1) to Residential Multiple Family (RMF) per itting the applicant to develop multi -family residential dwellings. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS e MOTION: DENIED ARR B.1. a) Council Member LA Izr.K. moved to read by title only ands t April 19 2005 as a final public hearing date for propo ed Ordinance No. 893, regarding Rezor ing Application No. 05-003-R, submitted by Frank t bello roperty owner - City Planning Consultant (Exhibit 8); seconded by Council Member 4� b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS -- MOTION: DENIEDIOARRIED c) Attorney Cook to read proposed Ordinance No.893 by title only as foll ws: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZCNING MAP OF OKEECHOBEE BYREZONINGA CERTAIN TRACTOFLANDMOREPARTICULARLYDESCRIBEDHEREIN, FROM HOLDING (H) AND INDUSTRIAL (IND) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DA TE." 2. a) Council Member `�(�� �x� moved to approve the firsl reading of proposed Ordinance No. 893; seconded by Council Member ' ^ b) Discussion. Planning Staff Report Summary: The applicant is requesting to rezone the Family community on 9.9 acres of land. This would allow for 10 units per ac Planning Staff Report Analysis: (1) The application is not consistent wit Comprehensive Plan. The applicant simultaneously requested a Small Scali perty to allow a 96 Unit Multi - the requirements of the City's Land Use Map Amendment to • • Page -10- allow a Multi -Family land use category which was not recommended for appr val. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. (3) It has not been demonstrated that the proposed use would not have an adverse effect on the public interest, especially as it relates to the potential increased traffic generation thatwould r sultfrom Multi -Family dwellings. This general area should not be changed until a more detailed study reveals otential impacts. (4) As this use is incompatible with nearby residential land uses, future Multi -Family uses could have a detrimental impact to the residential character of the neighborhood. Multi -Family uses with a density as high as the one being proposed could allow heavy traffic flow and may be difficult to buffer from adjacent and nearby residences. (5) Such permitted uses as allowed in the Residential Multiple Family (RMF) district could affect or have the appearance of affecting property values in the neighborhood, because of the potential density allowed by the Residential Multiple Family (RMF) district, it is possible that Single family Res dential values may be negatively impacted. Planning Staff Report Analysis, continued:(6) Landscape buffering could elp alleviate some appearances of the Multi -Family dwellings. However, the traffic impact would be difficult to relieve. As such, it is difficult to guarantee that any nuisance could be reduced to acceptable levels. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Schools: The proposed 96 unit development could cause an increase in demand to school facilities. Streets: The proposed use will cause levels of service to decrease on the already narrow streets. Utilities: It has not been determined whether or not water and sewer will be available to the site, thus the impact cannot be analyzed. (8) The subject property will increase traffic on SW 61h Street and SW 2nd Street as a result of the high density Multi -Family development. The applicant would be required to submit a Si a Plan demonstrating adequate drainage flow and retention prior to construction plans being approved. (9) At this time, the only restrictions being placed on the property are those included in the Comprehensive Plan Ond the Land Use Code. (10) The proposed rezoning could create a special privilege to the owner that none f the abutting residents have by creating a development whose density will be as high as 10 dwellings per cre. Planning Staff Report Summary and Conclusion prior to Certification: The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use category which was not recommended for approval. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from Holding (H) and Industrial (IND) to Residential Multi -Family (RMF) permitting the applicant to develop 96 Multi - Family dwellings. Al et I cc i c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS / 1 MOTION: DENIEI ICARRIF-D! • Page -11- C. Council Member / 4 / u7 i%moved to award a bid contract to Lo, to the CDBG Commercial Re abil'ta ion Pusiness Projects - Nancy Phillips, seconded by Council Member'' Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS IV MOTION: DENIE CARRIED. ,ano Builders, LLC, pertaining Grants Specialist (Exhibit 9); Nancy Phillips memorandum reported that on March 15, 2005 only one firm submitted a response to the bidf r work to be completed on (5) solicitation. Lozano Builders of Stuart submitted the bid for���� $- keechobeeAbstract$7,455.00; businesses. North ParkTireCenter $15,468.00;Park View Plaza $8,530.00; Los Cocos Mexican Restaurant $7,325.00; Display Systems $10,500.00.�� 4 r v / Jay P")10 �_y� /,�.�-C�) ��,7 ����-L`�-G�-/ �,' t� �� �• cif` � ,,/, _ � ,/�"..- D. Consider a request for a twenty percent (20%) reduction of parking - John Whidden (Exhibit 10). J E. Consider a request to approve Main Street banner requirements - M �f Burroughs (Exhibit 11). E • • Page -12- F. Discussion pertaining to the City Firefighters joining the IAFF (Internati nal Association of Fire Fighters) - Karl Holtkamp (Exhibit 12). &41,1�4,f ILI PA� C741 -Aw ` f `�'! :i'/ �i P� ✓� . C ��C�--two LA-t.,(�^ iG,r�- C,(/ �/�j �. U I- 4 ✓l.-<� %' t ..cam � ��-L G. Consider appoin nents to the Code Enforcement Board - City Clerk (h ib� . Clerk Gamiotea memorandum reported the following Code Enforcement Boar Members expire April 30, 2005. Mack Worley, Liz Weisser, Rennae Sweda, Bea Castorina. Mrs. Weisser is t ie only member that expresses not to stay on the board. Council's options are to appoint all new members, ap oint Ms. Castorina as a regular member and reappoint two others and appoint one new person as the alternate. Listed are the applicants received: Lois Gray (owns business in City); Joseph Richard Hidy, Sr. (Co my resident); Sharon V. Buck (County resident); Daniel W. Simmons (County resident); Terry Burroughs ( ounty resident/City business); Heather C. Hancock (County resident). Please note that board members can be either City or County residents. 10/ H. Consider appointments to the Planning Board/Land Planning Agency/Board f Adjustments/Design Review Board - City Clerk (Exhibit 14). Clerk Gamiotea memorandum reported that the following Planning Board/BO /LPA/Design Review Board members terms expire April 30. Kenneth Keller; Sandra Jones (Alternate); Dan el Creech. Mr. Creech is the only member that does not express an interest in remaining on the board. Listec I are the applicants received: Daniel W. Simmons (County resident); Terry Broughs (County resident/City business); Carol L. Johns (County resident/City business); John C. Whidden (County resident/City business); RicharJ Coffman (County resident); Epifanio F. Juarez (County resident); Gary Priest (County resident); Aaron A. K my (County resident). Board members can be either City or County residents. J ) r"'��✓C, 6l-6l2l_� ./! �' Z��-i / 0 0 Page -13- I. Consider a request to purchase City of Okeechobee property - Ty Hanc( -.1-1/ X161 _tA '? oypl Z k (Exhibit 15). A J. Discuss amending the deed restrictions for the Commerce Center, regarding the height of structures -City Attorney (Exhibit 16). /&tt— —'' - Vill. MAYOR KIRK ADJOURNED THE MEETING AT ?: 17 P3 0 • • Page -1- Tape 1 side A CITY OF OKEECHOBEE - April 5, 2005 - REGULAR CITY COUNCIL EETING- HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, Basinger First Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Preset Absent 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 X X X X X X X X X Proclamation added to the agenda: Crimes Victim's Rights Week April 10 - 16, 2005 presented to Dee Raulerson and ? (get name, you may have to call Dee for this) IV. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading an( Action for the March 15, 2005 Regular Meeting; seconded by COL VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on tod item D, add K to discuss commerce center. VI. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE A. I. a) Council Member Watford moved to read by title only proposed Ord and Alley Closing No. 74, submitted by First Baptist Church - City p Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. approve the Summary of Council ncil Member Williams. agenda. Delete new business kDOPTION AT 6: 08 P.M. lance No. 884, regarding Street torney (Exhibit 1); seconded by • • C) Attorney Cook read proposed Ordinance No. 884 by title or CLOSING, VACATING AND ABANDONING THE ALLEYS OR RIGHTS-OF-WAYAS DESCRIBED HEREIN, WITHIN BLOCK 1 A PORTION OF SOUTHWEST 5r" STREET, AS RECORDED # RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESET SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASE PURPOSES, AND DIRECTING THE CITYCLERKTO RECORD RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AN FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Page -2- ly as follows: "AN ORDINANCE ALLEYWAYS AND STREETS OR P4, CITY OF OKEECHOBEE, AND ' PLAT BOOK 5, PAGE 5, PUBLIC ZVING UNTO THE CITY ITS VENT FOR PUBLIC UTILITIES rHE ORDINANCE IN THE PUBLIC FOR OKEECHOBEE COUNTY, 2. a) Council Member Markham moved to adopt proposed Ordinan a No. 884; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether th from the public. There were none. Clerk Gamiotea reported by memorandum in Exhibit One, all fee's hay advertised in the Okeechobee News on March 24. The easements addressed in the ordinance. Should the church wish to reassign those e date with the individual utility companies. There were five certified letters owners within a 600-foot radius. One property owner who lives at the corr Street called to strongly object to any street or alley being closed. His exl these at a future date and should not be giving them away. The Day Car Church advised that they do not have any objection to the closings. atford, Blocks just to the east south of Fagley house and church of Lat is next street over. Only item is staff remarks, church take into considerat particular if we have to go back to them for any easements or something. 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 proposed Ordi General Employees' and OUA Employees' Retirement System - Sc (Exhibit 2); 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. 887 by title only as Poll CITYOFOKEECHOBEEAMENDING THECITYOFOKEECHOBE AUTHORITYEMPLOYEES'RETIREMENT SYSTEM, ADOPTED P 828; AMENDING SECTION 1, DEFINITIONS, BY AMEN "RETIREMENT'; AMENDING SECTION 3, BOARD OF TRUS7 DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OFBE 17, REPEAL OR TERMINATION OF SYSTEM; AMENDING S8 EXECUTION, NON ASSIGNABILITY; AMENDING SECTION 23,1 were any questions or comments been paid. The ordinance was required by FPL and OUA are cements they can do so at a later sailed to the surrounding property �r of Southwest 5'h Avenue and 4t' ession was that the City will need Center across the street from the y Saints, might be next request the drainage is a problem and lance No. 887, amending the City tt Christiansen, Pension Attorney vs: "AN ORDINANCE OF THE AND OKEECHOBEE UTILITY RSUANT TO ORDINANCENO. fNG THE DEFINITION OF ES; AMENDING SECTION 8, BEFITS; AMENDING SECTION "ION 18, EXEMPTION FROM LITARY SERVICE PRIOR TO • • EMPLOYMENT, AMENDING SECTION 25, REEMPLOYMENT) SECTION 27, PRIOR GOVERNMENT SERVICE; ADDING SECTI OPTION PLAN, PROVIDING FOR CODIFICATION; PROV PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT EFFECTIVE DATE." Page .3. ER RETIREMENT, AMENDING 28, DEFERRED RETIREMENT fG FOR SEVERABILITY OF 4EWITH AND PROVIDING AN 2. a) Council Member Markham moved to adopt proposed Ordinan a No. 887; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether there from the public. There were none, were any questions or comments Watford, discussed at some length at first reading with pension attorney, rovided with actuarial statement, no financial impact on the costs of the plans, think that same statement goes for all 3 ordinances. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C.1. a) Council Member Watford moved to read by title only proposed Crdinance No. 888, amending the Police Officers' Retirement System - Scott Christiansen, Pension Attorney (Exhibit 3); seconded 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. 888 by title only as foll ws: "AN ORDINANCE OF THE CITYOFOKEECHOBEEAMENDINGANDRESTATINGTHECITY FOKEECHOBEEMUNIC/PAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURS NT TO ORDINANCE 749, AS SUBSEQUENTLYAMENDED; PROVIDING FORDEFINITIONS, P OVIDING FOR MEMBERSHIP, PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING MANAGEMENT; PROWD/NGFOR CONTRIBUTIONS, PROVIDINGFORBENEFITAMOUNTSAND OR FINANCES AND FUND ELIGIBILITY; PROVIDING FOR PRE -RETIREMENT DEATH DISABILITY BENEFITS, PROVIDING FOR VESTING OF BENE ENEFITS; PROVIDING FOR ITS; FORMS OFBENEFITS, PROVIDING FOR BENEFICIARIES; PRO VI PROVIDING OPTIONAL INGCLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT PROVIDING FOR A ROSTER OF RETIREES, PROVIDING FOR A MAXIMUM PENSION LI DISTRIBUTION OFBENEFITS; PROVIDING MISCELLANEOUS P ITATION, PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING 0VISIONS, PROVIDING FOR OR DOMESTIC RELATIONS ORDERS' RETIREE DIRECTED PAYMENTS, EXEMPTION FR M EXECUTION AND NON - ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PRO V /NG FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES, PROVIDIN FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STA FOR CONVICTION AND MENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING F R TRANSFERS WITHIN THE CITY, PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE f OLLOVER DISTRIBUTIONS, PROVIDING FOR PURCHASE OF CREDIT FOR MILITARYSERV/ E PRIOR TO EMPLOYMENT; PROVIDING FOR PRIOR POLICE SERVICE, PROVIDING FOR DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR REEMPLOYMENT AFTER RE REMENT, PROVIDING FOR • • CODIFICATION, PROVIDING FOR SEVERABILITY OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING 2. a) Council Member Markham moved to adopt proposed Ordina Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether from the public. There were none. Watford, same state as the other and note this adds the DROP plan to al C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D.1.a) Council Member Watford moved to read by title only proposed Firefighters' Retirement System - Scott Christiansen, Pension 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. 889 by title only as fol CITY OF OKEECHOBEEAMENDING THE CITY OFOKEECHOBI PENSION FUND, ADOPTED PURSUANT TO ORDINANCE A AMENDED; PROVIDING FOR DEFINITIONS, PROVIDING FOR N, A BOARD OF TRUSTEES, PROVIDING FOR FINANCESAND FUI FOR CONTRIBUTIONS, PROVIDING FOR BENEFIT AMOUNTS FOR PRE -RETIREMENT DEATH BENEFITS; PROVIDING PROVIDING FOR VESTING OF BENEFITS, PROVIDING OPTI PROVIDING FOR BENEFICIARIES, PROVIDING CLAIMS PR! REPORTS TO THE DIVISION OF RETIREMENT, PROVIDING F PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVI BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS, P TERMINATIONOFTHESYSTEM; PROVIDING FOR DOMESTIC R DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION PROVIDING FOR PENSION VALIDITY, PROVIDING FOR FORE CERTAIN CIRCUMSTANCES, PROVIDING FOR CONVICTIOA MISLEADING OR FRAUDULENT STATEMENTS, PROVIDING DEFENSE OF CLAIMS, PROVIDING FOR TRANSFERS 141THIP PURCHASE OF CREDIT FOR MILITARYSERVICE PRIOR TO EM DIRECT TRANSFERS OFELIGIBLEROLLOVERDISTRIBUTIONS OFCREDIT FOR PRIOR FIRE SERVICE, PROVIDING FORA DEF PLAN, PROVIDING FOR REEMPLOYMENT AFTER RETI, CODIFICATION, PROVIDING FOR SEVERABILITY OF PRC ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN E 2. a) Council Member Markham moved to adopt proposed Ordinance Page -4- IOVISIONS; REPEALING ALL EFFECTIVE DATE." No. 888; seconded by Council were any questions or comments 3 plans. ance No. 889, amending the ey (Exhibit 4); seconded by nws: "AN ORDINANCE OF THE :EMUNICIPAL FIREFIGHTERS' 0. 750, AS SUBSEQUENTLY EMSERSHIP, PROVIDING FOR D MANAGEMENT; PROVIDING AND ELIGIBILITY, PROVIDING :OR DISABILITY BENEFITS, )NAL FORMS OF BENEFITS; ICEDURES; PROVIDING FOR )R A ROSTER OF RETIREES; )ING FOR DISTRIBUTION OF ?OVIDING FOR REPEAL OR -LA TIONS ORDERS, RETIREE AND NON -ASSIGNABILITY; FITURE OF PENSION UNDER AND FORFEITURE, FALSE, ffOR INDEMNIFICATION AND THE CITY, PROVIDING FOR "LOYMENT; PROVIDING FOR PROVIDING FOR PURCHASE :RRED RETIREMENT OPTION CEMENT; PROVIDING FOR VISIONS, REPEALING ALL =FECTIVE DATE." o. 889; seconded by Council • • Member Williams. b) Public comments and discussion. Mayor Kirk asked whether th from the public. There were none. Watford, same comments. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E.1. a) Council Member Watford moved to read by title only proposed ( Future Land Use Map, Application No. 05-003-SSA, submitted by M of KMJ of Okeechobee, Inc. - City Planning Consultant (Exhibit Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. c) Attorney Cook read proposed Ordinance No. 890 by title only as fo C/TYOFOKEECHOBEE, FLORIDA AMENDING THECITYOFOK PLAN, ORD/NANCENO.635ASAMENDED, BYREVIS/NG THE CERTAIN TRACT OFLAND MOREPARTICULARLYDESCR/BED TOMULTI-FAMILY; PROV/DINGFOR/NCLUS/ONOFORD/NANC USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FORA, 2. a) Council Member moved to adopt proposed Ordinance No. 890; sei b) Public comments and discussion. Clerk Gamiotea reported by memorandum in Exhibit Five all fee's have advertised in the Okeechobee News on March 24. The Planning Staff fo compliance with the Comprehensive Plan and has recommended denial. The discussed the matter and voted unanimously to find the application in compliai Due to this being a small scale (less than 10 acres) amendment, it is not r surrounding property owners, nor post a sign on the property. Mr. Jim LaRue, City Planning Consultant was present and addressed the app decision from the LPA. Planning Staff Report Summary of Application: classified as Single -Family on the FLUM. The Single -Family category only on each lot. The applicant is requesting Multi -Family which will allow apartmE homes on the property. The applicant is proposing to construct a Multi -Family have been no studies presented showing a need for development othe development at this location. Planning Staff Report Comprehensive Plan applicant's request would be consistent with the Multi -Family Land Use categi to Taylor Creek, the Comprehensive Plan states that the City must protect envii high density development such as what is being proposed by the applicant. inconsistent with Comprehensive Plan. Specifically, Policy 7.2, which is as fo Page -5- were any questions or comments inance No. 890, amending the Goodbread, co -property owner seconded by Council Member iws: "AN ORDINANCE OF THE ECHOBEE COMPREHENSI VE UTURE LAND USE MAP ON A ERE/NFROMS/NGLE-FAMILY ANDREV/SEDFUTURELAND EFFECTIVE DATE." nded by Council Memberil )een paid. The ordinance was and the application not to be in Land Planning Agency however, ice and recommended approval. ecessary to mail notices to the cation, planning staff report and he subject property is currently lows one single family dwelling nts, duplexes, and single family development on the site. There than single family residential knalysis: (A) As proposed, the ry. However, given its proximity mmentallysensitive areas from As such, the request would be ows: Policy 7.2: The City shall Page -6- continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. (B) The OUA has determined that sewer and water can be made available to this property. ©) The existing neighborhood seems to reflect a low level of residential intensity with vacant land to the North, South and East. The proposed development would be out of scale with adjacent and nearby uses and could lead to scattered multi -family development with incremental recluests if approved. (D) There is no evidence presented to show that this property would be best served by changing its Future Land Use category to Multi -Family. Planning Staff Report Analysis and Conclusions: Ba ed on the above information, staff recommends denial of the request to amend the Future Land Use Map rom Single Family to Multi -Family. However, as stated in memorandum from Mr. LaRue that at the time of he reports, the planning staff was concerned about th potential environmental impacts on Taylor Creek if Sin Ile Family were intensified to Multi - Family. There was also a concern for deleting a Single Family neighborho d. While our concerns remain, the LPA did recommend approval of the FLUM change. Items presented at t e March 22 30 some odd units is general density, and general lot size, meet setbacks, etc., How close to triplexes and duplex in that area. North of it, all the way to cypress swamp, part not usable, dirt street, not going to be able to use the 3. Acres, not going to be able to get 10 per acre, east to swamp, agree with LaRue, multi family mor suitable than single family because of wetland area. Who determines how much? SFWMD. There are alleys and streets and wetlands that keeps them from being at full intensity. Theonly outlet is if the applicant decided to replat the area. From environmental standpoint they are not noted on the conservation element so it does fall back to SFWMD. This also would have a buffer road that separates the commercial from the residential uses. Watford, only 1 reading. April or May and go into the FLU areas, be able to come back with some areas. Planned map amendments, this is one area to look at. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. F.1. a) Council Member Watford moved to read by title only proposed Ordinance No. 891,amending the Future Land Use Map, Application No. 05-004-SSA, submitted by rank Altobello, property owner - City Planning Consultant (Exhibit 6); seconded by Council Memb r Chandler. 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. 891 by title only as fol Dws: "AN ORDINANCE OF THE CITYOFOKEECHOBEE,FLORIDA AMENDING THE CITYOFO ECHOBEECOMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE UTURE LAND USE MAP ONA CERTAIN TRACTOFLANDMOREPARTICULARLYDESCR/BED EREINFROMSINGLE-FAMILY TOMULTI-FAMILY,PROVIDINGFORINCLUSIONOFORDINANC ANDREVISEDFUTURELAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FORAM EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 891; seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were non. Clerk Gamiotea reported by memorandum in Exhibit Six that all fee's have been paid. The ordinance was • advertised in the Okeechobee News on March 24. The Planning S compliance with the Comprehensive Plan and recommended approval. unanimously to recommend approval as well. Due to this being a small sc it is necessary to mail notices to the surrounding property owners, nor p Mr. Jim LaRue presented the application. Planning Staff Report Summai is requesting the Multi -Family Future Land Use category to develop 9.9 acrE development. This would allow approximately 10 units per acre. Planning S1 Analysis: (A) In examining the Multi -family Future Land Use category, th, be more consistent with Comprehensive Plan policies by remaining in thi category classification and have development limited to Single Family determined that sewer and water can be made available to this property Page -7- found the application to be in he Land Planning Agency voted (less than 10 acres) amendment, a sign on the property. y of Application: The applicant of land as a 96 unit Multi -Family iff Report Comprehensive Plan subject property would seem to Single Family Future Land Use residences. (B) The OUA has ©) The existing neighborhood seems to reflect a low level of residential intensity with a proposed lowl density residential development occurring to the North of the property. Commercial and industrial uses occ of the North. Residential Multi -Family apartments would be inconsisten neighborhood. This area, if allowed to be changed to Multi -Family, could c, family area. (D) There is no evidence presented to show, that this property; and compatibility would be best served by changing its Future Land Use c Planning Staff Report Analysis and Conclusions: Based on the above Small Scale Future Land Use Map from Single -Family to Multi -Family she change to approval. No platted, what's next, rezoning and then a platted subdivision, plat app scares everyone to death, a presentation given, caution you that you loo LPA comments or discussion? More info presented at the meeting. Ingre: pointed out, didn't have a lot of negative input from LPA, 2nd street and 6 that until you know how the trips are generated. Large project, At zoning e I recommend. upy property to the East and part with the existing pattern of the ,use more rezonings in this single in terms of infrastructure capacity ategory to Multi -family. nformation, the request to amend iuld be denied. Memo restated a val at some point. MF sometimes strictly at the use. Generalize the , Egress, traffic, location and area street. Traffic split? Will not know (lore a little more, easier and what Williams, received comments from surrounding property owners, drainage concerns and watch out for them. STAFF NEEDS TO UNDERSTAND THAT IS A REAL CONCERN WHEN THE PLAT IS REVIEWED. 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 6:49 P.M. VII. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only and set date for proposed Ordinance No. 892, regarding Rezoning p Mark Goodbread - City Planning Consultant (Exhibit 7); seci b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. 119, 2005 as a final public hearing ration No. 05-002-R, submitted by d by Council Member Chandler. c) Attorney Cook read proposed Ordinance No. 892 by title only as �ollows: "AN ORDINANCE OF THE • CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL BYREZONI NG A CERTAIN TRACT OF LAND MORE PARTI C UU RESIDENTIAL SINGLEFAMILY(RSF-1) ZONING DISTRICT TO1 (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP A, CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading seconded by Council Member Williams. b) Discussion. LaRue, RMF is consistent. Planning Staff Repor requested a Future Land Use change of Multi -Family for this prop( approval. There are no master plan studies that indicate that this Creek, should be changed to Residential Multiple Family (RMF) 2 Planning Staff Report Analysis: (1) As the property is now in the Single -I a change to Multi -Family zoning would be contrary to the Comprehensive allowed in the requesting zoning district. (3) The proposed zoning and u public at this time. (4) Single-family, not Multi -Family use, is compatible wii to Residential Multiple Family (RMF) zoning could be a deterrent to a development. (6) Uses can be buffered. (7) It is not known how this c facilities. (8) The Multi -Family zoning could create infrastructure impacts t no unnecessary restrictions on the property other than those set forth in Unified Land Development Code. (10) The proposed change of zoning privilege rather than being consistent with the public welfare. Plann Conclusion prior to Certification: The application is not consistent v Comprehensive Plan at this time. The applicant simultaneously reques Amendment to allow a Multi -Family land use category which was als, Recommendation: Staff recommends approval of the request to allov Family (RSF-1) to Residential Multiple Family (RMF) permitting the applicai dwellings. 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 Api date for proposed Ordinance No. 893, regarding Rezoning Appll Frank Altobello, property owner- City Planning Consultant (Exhit Chandler. 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.893 by title only as CITY OFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL BYREZONINGA CERTAIN TRACT OFLAND MORE PARTICULA HOLDING (H) AND INDUSTRIAL (IND) ZONING DISTRICT TO F (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP Al Page -8- NING MAP OFOKEECHOBEE YDESCRIBED HEREIN, FROM 'IDENTIAL MUL TIPLE FA MIL Y )RDINGLY, PROVIDING FOR proposed Ordinance No. 892; Summary: The applicant has .y that was not recommended for rea, given its proximity to Taylor ling. amily future land use designation, 'Ian. (2) Multi -family residential is ;e is not in the best interest of the i adjacent land uses. (5)Changes table and balanced single family msity pattern would affect public at are not desirable. (9) There are the Comprehensive Plan and the -ould be interpreted as a special ng Staff Report Summary and th the requirements of the City's �d a Small Scale Land Use Map denied. Planning Staff Report rezoning from Residential Single t to develop multi -family residential 19 2005 as a final public hearing ition No. 05-003-R, submitted by 8); seconded by Council Member `ollows: "ANORDINANCEOFTHE ZONING MAP OFOKEECHOBEE RLYDESCRIBED HEREIN, FROM !ESIDENTIAL MULTIPLE FAMILY XORDINGLY, PROVIDING FOR • 2. a) CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Page -9- Council Member Markham moved to approve the first reading f proposed Ordinance No. 893; seconded by Council Member Williams. b) Discussion. LaRue, 2 different zonings. Planning Staff Report Summary: The applicant is requesting to rezone the property to allow a 96 Unit Multi - Family community on 9.9 acres of land. This would allow for 10 units per acre. Planning Staff Report Analysis: (1) The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use category which was not recommended for approval. (2) The proposed uE e being applied for is specifically authorized under the zoning district in the Land Development Regulations. (3) It has not been demonstrated that the proposed use would not have an adverse effect on the public interest, especially as it relates to the potential increased traffic generation that would result from Multi -Family dwellings. This general area should not be changed until a more detailed study reveals potential impacts. (4 1 As this use is incompatible with nearby residential land uses, future Multi -Family uses could have a deb imental impact to the residential character of the neighborhood. Multi -Family uses with a density as high as tt e one being proposed could allow heavy traffic flow and may be difficult to buffer from adjacent and nearby reE idences. (5) Such permitted uses as allowed in the Residential Multiple Family (RMF) district could affect or have the appearance of affecting property values in the neighborhood, because of the potential density allowed by the Residential Multiple Family (RMF) district, it is possible that Single family Residential values may be negatively impacted. (6) Landscape buffering could help alleviate some appearances of the Multi -Family dwellings. However, the traffic impact would be difficult to relieve. As such, it is difficult to guarantee that ny nuisance could be reduced to acceptable levels. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Schools: The proposed 96 unit development could cause an increase in demand to school facilities. Streets: The proposed use will cause levels of service to decrease on the already narrow streets. Utilities: It has not been determin d whether or not water and sewer will be available to the site, thus the impact cannot be analyzed. (8) The subject property will increase traffic on SW 6tn Street and SW 2nd Street as a result of the high density Multi -Family development. The applicant would be required to submit a Site Plan demonstrating adequate drainage flow and retention prior to construction plans being approved. (9) At this time, the only restrictions being placed on the property are those included in the Comprehensive Plan and the Land Use Code. (10) T a special privilege to the owner that none of the abutting residents have density will be as high as 10 dwellings per acre. Planning Staff Report S Certification: The application is not consistent with the requirements of tl applicant simultaneously requested a Small Scale Land Use Map Amendrr category which was not recommended for approval. Planning Staff recommends approval of the request to allow rezoning from Holding (H) Multi -Family (RMF) permitting the applicant to develop 96 Multi -Family d� Watford, had a lot of calls on this also, legitimate concerns but know it's th platting or whatever, concerns of traffic, concentrate on those and do all we needs to take those suggestions. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C. Council Member Watford moved to award a bid contract to Loza $49,278.00 pertaining to the CDBG Commercial Rehabilitation I Grants Specialist (Exhibit 9); seconded by Council Member Willi $49,278.00 SINGLE SOURCE, $15,000 per business. North Park e proposed rezoning could create )y creating a development whose mmary and Conclusion prior to City's Comprehensive Plan. The ant to allow a Multi -Family land use .eport Recommendation: Staff ind Industrial (IND) to Residential ellings. right use, whether its site plan or can do alleviate what we can, staff io Builders, LLC, in the amount fo usiness Projects - Nancy Phillips, came in over by $468.00 Mr. • Watford has stated he would reimburse the city of that amount over. c purchases to do the neon tubing on the side. We are find financial. Co that and sent to the city. Contractor in the park problems? Landscap to hold off until after speckled perch. Architect that was here, trying No individual buildings, each a stand a lone, color coordinate, Page -10- Quest in additional thru small actor is bonded. Yes, required will be put in city asked them recall the renderings, theme? Nancy Phillips memorandum reported that on March 15, 2005 only one firm submitted a response to the bid solicitation. Lozano Builders of Stuart submitted the bid for $49,278.00 for work to be completed on (5) businesses. North Park Tire Center$15,468.00; Park View Plaza $8,530.00 Okeechobee Abstract $7,455.00; Los Cocos Mexican Restaurant $7,325.00; Display Systems $10,500.00. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Consider a request for a twenty percent (20%) reduction of parkii Item was withdrawn from the agenda. E. Consider a request to approve Main Street banner requirements Requests from anyone? 1 has contacted us. Discussion as to whether for profit organizations want to advertise, 1 business only wanted to advertise their block, Mayor worries me, v it was for major activities not such and such store is having a sale. Speci; to be corp sponsored assume that the velcro holds, issue resolved. Appi Watford approve OMS insert requirements with the amendment for seconded. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. F. Discussion pertaining to the City Firefighters joining the IAFF Fighters) - Karl Holtkamp (Exhibit 12). Mr. Oley Hendrick, President Local IAFF, appeared before the Council. W', to tag onto our union, but they will have their own separate negotiations, Markham, hire another counsel, neg for another attorney? Don't think wE Mayor how does the sunshine law pertain to this? Can't answer that toni G. Consider appointments to the Code Enforcement Board - City Clerk Gamiotea memorandum reported the following ,Code Enforcement B Mack Worley, Liz Weisser, Rennae Sweda, Bea Castorina. Mrs. Weisse not to stay on the board. Council's options are to appoint all new member; member and reappoint two others and appoint one new person as the ; received: Lois Gray (owns business in City); Joseph Richard Hidy, Sr. (County resident); Daniel W. Simmons (County resident); Terry Burroug Heather C. Hancock (County resident). Please note that board mem residents. - John Whidden (Exhibit 10). Maureen Burroughs (Exhibit 11). en we started doing this I thought corp sponsored events, word this ve based on changes. e corp sponsor events chandler (International Association of Fire , little confused, they are going need to do anything yet. ht. But will get that answer to you. (Exhibit 13). )ard Members expire April 30,2005. is the only member that expresses appoint Ms. Castorina as a regular alternate. Listed are the applicants ,County resident); Sharon V. Buck is (County resident/City business); >ers can be either City or County u Williams Bea to Reg, Heather in her alt, Hoot and Rennae stay boards getting busier and busier need dedicated people, Move that we Markham second. 3 year terms beginning May 2005 and ending April 2 Thank everyone. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. H. Consider appointments to the Planning Board/Land Planning Ag Review Board - City Clerk (Exhibit 14). Clerk Gamiotea memorandum reported that the following Planning Boar members terms expire April 30. Kenneth Keller; Sandra Jones (Alternate) only member that does not express an interest in remaining on the board. Daniel W. Simmons (County resident); Terry Broughs (County resident/Cit) resident/City business); John C. Whidden (County resident/City business); I Epifanio F. Juarez (County resident); Gary Priest (County resident); Aaro Board members can be either City or County residents. Moved Williams Devin Maxwell is an alternate Kenneth remain, move Devin Maxwell to reg, Terry, John April 2007,as Appreciate everyone VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Page -11- point Hoot, Rennae, move Be; and of Adjustments/Design /BOA/LPA/Design Review Board Daniel Creech. Mr. Creech is the .isted are the applicants received: business); Carol L. Johns (County ;ichard Coffman (County resident); A. Kinty (County resident). ; Markham. Consider a request to purchase City of Okeechobee property - T� Hancock (Exhibit 15). Where old water tower was, Markham, decide if we want to sell it. Don't feel we need to sell it. another person and we didn't want to sell it then, not a need to mo Cook well taken, need to make a decision if it is surplus property, fence around it. Simple because its city property doesn't mean its 1 it. Donnie can use it more. Williams, interested to know what we could get for it. Watford, related to Doc Watford and we don't usually sell property Chandler, interested in finding out and then taxes are being paid a Kirk might be interested in looking at what its worth. Appraisal completed, Kirk, 2 concerns, not sur ewe need to be in land owning business if I to keep it. Held property for along time, then we got Kirk see what ki I can get with Donnie and see what kind of plans he has and send have it appraised. d it, brought up 3 years ago by off it, no need at this time. :d in the past as storage, has a exempt, have to have a use for it then. iperty we're using, then we need of plans you've got for it. Cook the council before we decide to J. Discuss amending the deed restrictions for the Commerce Cente�, regarding the height of structures - E • City Attorney (Exhibit 16). Conflicts with all other deed restrictions for industrial. Amend deed LDR's control and be the same as other Ind. Markham, need to look in circle that governs the height of that area, power plant options was a Approve subject to confirmation that they don't violate air space of Page -12- to be consistent with air port runway goes over that, d issue with the smoke stacks. air port. Robert Meyers approve with stipulation that it falls under the FAA guid lines. Watford moved to amend commerce center deed restrictions height requirements to coincide with LDR's and that they don't conflict with FAA height guidelines; seconded by Council Member.l �i�kl��nti ITEM ADDED TO AGENDA: K. Robert Meyers. Commerce Center. 6 jobs originally with 200 over a 5 year project. New entity brings of 225 jobs immediately Lot 7 office nd factory 8 9 lay down job will be factory area, lot 12 were going to build a factory to be used by Fe oral Cast Stone, now new entity wants it for another factory for them, another 75 jobs, all looks good ow, financing is going through, total of 300 jobs, leaves federal cast stone needs another location, to s 1,2, 3 left 8 acres, not going to be quite enough so what we're looking for are lots 4 and 5. Road to lots 4.5 doesn't exist nor is there water and sewer. Have ano her business that also wants to merge, 95 jobs, propose to build on lot 4, enable us and the city to co inue the road all th way through and water and sewer, through a CDBG grant Nancy feels the city wo Id b e able to get, Kirk, 3 actual businesses with buildings, 4 5 subject to us getting th grant to put the road, water and sewer in, needs price for those lots to see if its feasible, all based o grant, To extend sewer and road at contract price from 1 % ago, $200,0001 ck to get it for $240,000.00 395 jobs brought to the park. Watford, when all this first started, appreciate everything we've done, hich lots did we originally sale? Which for option? 7,8,9,10,11,12, option picked up 1,2,3. My concern is however, I know this is going to sound wrong, we sold this land at a bargain, if somebody is turning around and buying you out, option was also good price, that kind of concerns me, know what a bi 3 hassle it was, at some point we need to say we need to try to recoup some of our expenses that we'ye had, so if we are going to sell it, it needs to be a fair market value, maybe it shouldn't concern me but it does, Robert, fair enough statement and no offense taken, everything I' a done has been about jobs in okeechobee, Gods blessing the city and me, the offer has just been p esented to me, undoubtedly I am being enriched same time other people coming to me with no jobs nd we're saying no thank you. Watford, your entitled to be enriched, We got burned bad, nice to say were going to create jobs, when that occurs that twill be really great, not knowing if you said I'm goi ig to do this I'd say great I know that is going to happen, but because we don't know who it is but it r light not be any of my business, I went against my gut feeling last time, and I'm starting to get that s ime feeling, Robert, if I tell the board its public record and they have asked me no to. Everything we've been doing we've been concerned about th city and jobs so that the city is not On the hook. Watford and we appreciate that. Markham, the grant money and us going into partners and we helpec each other, I hope you don't thin k we should help you in the same way, but this is a brand new deal, al id I know where Watfords coming from, being a business man we can't keep helping just to create jobi i on property, the market price is not where it was. Robert but you have to create the jobs to get the property develol saying your up against th wall but to continue the park you have to Watford, hadn't considered that don't get me wrong I'm not to the jobs, C� original lots sold we got a benefit out of it, Robert knows that. Robert, not saying you owe me anything, Noel hasn't asked for the same price. Robert and I don't expect it eithi coming in as far I'm concerned, should move on with it, he has done Kirk if we quote price and acceptable its still contingent on grant. Robert, business I"m dealing with is very financially sound. Time if of essence, Nancy Phillips CDBG dollars available May 19, available until its gone as soon as possible, Cook suggest we price 4-5 and then big bearing on what else we sell meeting and look at legitimate next meeting, Also property to north may all be available. Watford wiggle room here, need somebody to get the grant, Kirk, Robert it all depends on how we have to structure it, they wou reasons it has to be partnership it will be or under 1 name, part purchase, this could happen pretty quick like to be completing th f then another building on the other side, then if the grant monies cor on lots 4-5 simultaneously, Page -13- . Noel and it's a new business fiat he said he would do, need to get application in there there, look at it between next prefer to buy me out if for grant f the funding for things are for .tory on lot 7 is the parking, and i in we'll get that going and build Kirk he can't sell business out right? Nancy if that's a delicate que tion, could be a grey area, EDA requires no speculative development, city has to sell the property o the end user, but partnership would be fine, we think it may be okay, can't be speculative develo ment, Williams, time frame new CDBG mid June submit, 30 days review, sit plan, know something then, July August through there, contract in place, EDA grant by mid April, Markham, pretty sure he has a figure in mind, when we had those cl sed (can't do that) if he want' to make us an offer we can find out real fast if its going to work for me its not a piece of property that's not for sale, Watford, understand theory, I can't give you a price, maybe the tl a price again like last time, $10,000 per acre was the other. Kirk to negotiate and bring back. Vill. MAYOR KIRK ADJOURNED THE MEETING AT 8:40 p.m. to do is to get Mayor to negotiate CITY OF OKEECHOBEE APRIL 5, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 6 CALL TO ORDER • Mayor: OPENING CEREMONIES: April 5, 2005 City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor AI Jaquith, Basinger First Baptist Church. 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 15, 2005 Regular Meeting. V. AGENDA • Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. M. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION. APRIL 5, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 6 .w A.1.a) Motion to read by title only proposed Ordinance No. 884, regarding Street and Alley Closing No. 74, submitted by First Baptist Church - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 884 by title only. 2.a) Motion to adopt proposed Ordinance No. 884. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by titre only proposed Ordinance No. 887, amending the City General Employees' and OUA Employees' Retirement System - Scott Christiansen, Pension Attorney (Exhibit 2). b) Vote on motion to read by title only. • c) City Attorney to read proposed Ordinance No. 887 by title only. 2.a) Motion to adopt proposed Ordinance No. 887. b) Public comments and discussion. c) Vote on motion. CA.a) Motion to read by title only proposed Ordinance No. 888, amending the Police Officers' Retirement System - Scott Christiansen, Pension Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 888 by title only. VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.2.a) Motion to adopt proposed Ordinance No. 888. b) Public comments and discussion. APRIL 5, 2005 - Cmr COUNCIL AGENDA - PAGE 3 OF 6 c) Vote on motion. D.1.a) Motion to read by title only proposed Ordinance No. 889, amending the Firefighters' Retirement System - Scott Christiansen, Pension Attorney (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 889 by title only. 2.a) Motion to adopt proposed Ordinance No. 889. b) Public comments and discussion. c) Vote on motion. • E.1.a) Motion to read by title only proposed Ordinance No. 890, amending the Future Land Use Map, Application No. 05-003-SSA, submitted by Mark Goodbread, co -property owner of KMJ of Okeechobee, Inc. - CityPlanning Consultant (Exhibit 5). b) Vote on motion to rears by fide, nniv c) City Attorney to read proposed Ordinance No. 890 by title only. 2.a) Motion to adopt proposed Ordinance No. 890. b) Public comments and discussion. c) Vote on motion. 2005 - CITY COUNCIL AGENDA - PAGE 4 OF 6 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. F.1.a) Motion to read by title only proposed Ordinance No. 891,amending the Future Land Use Map, Application No. 05-004-SSA, submitted by Frank Altobello, property owner - City Planning Consultant (Exhibit 6). is b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 891 by title only. 2.a) Motion to adopt proposed Ordinance No. 891. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS. A.1.a) Motion to read by title only and set April 19, 2005 as a final public hearing date for proposed Ordinance No. 892, regarding Rezoning Application No. - 9 9 9 App 05 002-R, submitted by Mark Goodbread - City Planning Consultant (Exhibit 7). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 892 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 892. b) Discussion. c) Vote on motion. APRIL 5, 2005 - CITY COUNCIL AGENDA - PAGE 5 OF 6 Mi. NEW BUSINESS CONTINUED. B.1.a) Motion to read by title only and set April 19, 2005 as a final public hearing date for proposed Ordinance No. 893, regarding Rezoning Application No. 05- 003-R, submitted by Frank Altobello, property owner - City Planning Consultant (Exhibit 8). • b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 893 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 893. b) Discussion. c) Vote on motion. C. Motion to award a bid contract to Lozano Builders, LLC, pertaining to the CDBG Commercial Rehabilitation Business Projects - Nancy Phillips, Grants Specialist (Exhibit 9). D. Consider a request for a twenty percent (20%) reduction of parking - John Whidden (Exhibit 10). • E. Consider a request to approve Main Street banner requirements - Maureen Burroughs (Exhibit 11). to the City Firefighters joining the IAFF (International Association of Fire Fighters) - Karl Holtkamp (Exhibit 12). G. Consider appointments to the Code Enforcement Board - City Clerk (Exhibit 13). H. Consider appointments to the Planning Board/Land Planning Agency/Board of Adjustments/Design Review Board - City Clerk (Exhibit 14). APRIL 5, 2005 - CITY COUNCIL AGENDA - PAGE 6 OF 6 VII. NEW BUSINESS CONTINUED. I. Consider a request to purchase City of Okeechobee property - Ty Hancock (Exhibit 15). J. Discuss amending the deed restrictions for the Commerce Center, regarding the height of structures - City Attorney (Exhibit 16). • VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the 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. 4 .. u 4dP, .r y(r. :. a• 'S"r� �.,r,� a. , 4,e- F .e t,y '""'s{ ix''i•`::�.r ,a„ .s�.�., 3�"-C..s##'•� 1+ ,,{{ �"+�•~. . .. .r_ ._....� o-.,.. Office of the Mayor _. Okeechobee, Florida h S; President Ronald W. Reagan first declared 'National Crime Victims' Rights Week° ii fight of crime victims; and E,AS, this Silver Anniversary of National Crime Victims' Rights Week provides a natior impact of crime and terrorism on victims and our entire Nation, and to strengthen our n; identified and addressed; and since '1981, the crime victim assistance field has expanded from a handful of a; community and justice system -based programs, and in 2005, there are more than 3 and protect victims' rights; and `WHEREAS, America as a Nation, andwe as individuals and communities, recognize that justice i and violence in America affects us all, and that victims' rights are a critical componer WHEREAS, justice isn't.served until crime victims and those hurt by crime - our mothers an brothers, neighbors and friends - are provided support and assistance in th aftermath WHEREAS, despite impressive accomplishments over the past 25 years in crime victims' rights to ensure that all crime victims and survivors are treated with dignity and respect, recog of justice, and afforded services that provide help and hope to them; and WHEREAS, in 2003, the Office for Victims of Crime within the U.S. Department of Justice come to ensure that crime victims are treated with dignity and compassion; and WHEREAS, America as a Nation recognizes that we serve justice by serving victims of crime crime, we help make our homes and neighborhoods, communities and Nation strong NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the week of April 10 -16, 2005 to be Nadonal Crime victims' Rights Week, and honor cri this week and throughout the year, and that as individuals, communities and a Natioi and involves crime victims, and seek to serve justice by serving victims of crime. 4Q W Y � XH` z 1981 to focus our Nation'ss , f, I opportunity to reflect on the Beiraiafi ., jonal resolve to ensure that victims' n ; 'Y 4 istance programs to include over`10;O- 000 federal and state statutes that define Yt served until crime victims are, that cnme of "justice for all'; and fathers, sons and daughters, sisters and I victimization; and id services, there remain many challenges ized as key participants within our systems- emorates 20 years of providing leadership . nd that by helping victims and d survivors of safer and more secure. ty of Okeechobee, do hereby proclaim:the ie victims and those who serve themduring we value justice in America that includes._ In witness who f 1 have hereunto hand and cal this seal to LA WHEREAS, President Ronald W. Reagan first declared "Na�ional Crime Victims' Rights Week" in 1981 to focus our Nation's attention on the light of crime victims; and WHEREAS, this Silver Anniversary of National Crime Victi s' Rights Week provides a national opportunity to reflect on the devastating impc, ct of crime and terrorism on victims and our entire Nation, and to strengthen our ne tional resolve to ensure that victims' needs are identified and addressed; and WHEREAS, since 1981, the crime victim assistance field has expanded from a handful of assistance programs to include over 10,000 community - and justice system -based programs, and in 2005, there are more than 32,000 federal and state statutes that define and protect victims' rights; and WHEREAS, America as a Nation, and we as individuals and mmunities, recognize that justice isn't served until crime victims are, that crime an J violence in America affects us all, and that victims' rights are a critical component of "justice for all"; and WHEREAS, justice isn't served until crime victims and those hurt by crime - our mothers and fathers, sons and daughters, sisters and brothers neighbors and friends - are provided support and assistance in th aftermath of victimization; and WHEREAS, despite impressive accomplishments over the p st 25 years in crime victims' rights and services, there remain many challenges to ensure that all crime victims and survivors are treated with dignity and respect, recognized as key participants within our systems of justice, and afforded services that provide help and hope to them; and WHEREAS, in 2003, the Office for Victims of Crime within the U.S. Department of Justice commemorates 20 years of providing leadership toe sure that crime victims are treated with dignity and compassion; and WHEREAS, America as a Nation recognizes that we serve ustice by serving victims of crime and that by helping victims and survivors of cri e, we help make our homes and neighborhoods, communities and Nation stronge , safer and more secure. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the week of April 10 - 6, 2005 to be National Crime Victims' Rights Week, and honor crime victims and thoi a who serve them during this week and throughout the year, and that as individuals, communities and a Nation, we value justice in America that includes and involves crime vi ims, and seek to serve justice by serving victims of crime. It u 0 EXHIBIT 1 TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk V- SUBJECT: Ordinance No. 884/Street Closing No. 74 DATE: March 30, 2005 APRIL 5, 2005 This is the final public hearing for Ordinance No. 884 regardi g Street and Alley Closing Application No. 74 submitted by the property owner, First Baptist Church. The request is to close a portion of Southwest 51h Street between 4th and 5 ih Avenues and the East to West Alleyway within Block 194. Please see attached map. ► All fee's have been paid ($195.00). ► The ordinance was advertised in the Okeechobee ► The easements as required by FPL and OUA are Should the church wish to reassign those easements with the individual utility companies. ► There were five certified letters mailed to the surround 600-foot radius. One property owner who lives at tl Avenue and 41h Street called to strongly object to any His expression was that the City will need these at a fL giving them away. The Day Care Center across the str that they do not have any objection to the closings. Please contact me should you have any questions. Thank you. on March 24. :ssed in the ordinance. can do so at a later date ig property owners within a e corner of Southwest 5m -treet or alley being closed. :ure date and should not be ,et from the Church advised 0 ORDINANCE NO. AN ORDINANCE CLOSING, VACATING AND ABANI OR ALLEYWAYS AND STREETS OR RIGHTS -OF= HEREIN, WITHIN BLOCK 194, CITY OF OKEECHOI OF SOUTHWEST 5 .. STREET, AS RECORDED IN 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FL UNTO THE CITY ITS SUCCESSORS AND ASSIGN: EASEMENT FOR PUBLIC UTILITIES PURPOSES; j CITY CLERK TO RECORD THE ORDINANCE IN TH OF THE CLERK OF THE CIRCUIT COURT IN AND COUNTY, FLORIDA; PROVIDING FOR AN EFFEC' :)NING THE ALLEYS AY AS DESCRIBED :E, AND A PORTION -AT BOOK 5, PAGE IRIDA; RESERVING A NONEXCLUSIVE ID DIRECTING THE PUBLIC RECORDS OR OKEECHOBEE VE DATE. WHEREAS, the City has received an Alley Closing Applica ion (No. 74) from the First Baptist Church of Okeechobee for the closing of a certin alleyway and a portion of a certain street as described in this ordinance to utilize he entire property for future development; and WHEREAS, a review of such application reveals that it is in th best interest of the citizens of the City of Okeechobee as a whole to grant said ap lication; and WHEREAS, the granting of the application will serve a legiti ate public interest and is a proper exercise of the municipal authority of the ity of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council f r the City of Okeechobee, Florida; presented at a duly advertised public meeting; E nd passed by majority vote of the City Council; and properly executed by the ME yor or designee, as Chief Presiding Officer for the City: Section One. The alleyway and street described hereaft r is hereby closed, vacated and abandoned by the City of Okeechob e, Florida to -wit: A fifteen foot wide alley running East t West, between Lots 1 to 6, and 7 to 12 within Block 194, C ITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida; together with That portion of Southwest 51h Street lying between Southwest 0 and 51" Avenues and between Block 187 and 194, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County' Florida. Section Two. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes in and over the alle ay located in said Block 194, CITY OF OKEECHOBEE and along the Southernly portion of Southwest 5'h Street. Section Three. The City Clerk shall cause a certified recorded in the public records of Okee, Page 1 of 2 of the ordinance to be County, Florida. Section Four. This ordinance shall beset for final public hearing the 5t" day of April. 2005, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 1st day of March, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 5th day of April, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: FIPPPLICATION NO. 7 NAME�OFAPPLICANT 'MYAI�,ING ADDRESS First Baptist Church of Ok echobee Inc. �yCITY Sl`A'T Z�tP,�� 401 S. W. 4 th Street Okeechobee FL 34974 On N/A "�iRIVIAILI�IG�AL�Ci�ESS ;�� 'r rY�1C WIN 0 �L'EGA "`'sDSD cH, ''st(`��(` af$xr, g. F�,.i1�,STtET) Ll ; : � r � i. �',t �' �^ r 66 9 N Okeechobee 1) Alley running East to West in Block 194, City of 2) S.W. 5th Street between 4th and 5th Avenue PU�RpOSE OyFX'LOSfNGIr; f °:STREET/AL�Yt� Note: if property is in two names by the word "and" both signatures are required (for example: Jim and Jane Doe). SIGNA�T�U/RE APPLICANT: SIGNATURE O CO -APPLICANT: Pr' me; Print Name: The foregoing instrument was acknowledged before me this by � « �- � ► �• �� er � �l1 and N �.� , wh (date) is personally known to me or (applicant) (co -applicant) _ — who produced as identification and ho did (did not) take oath. �fC....�N.IN���N h����� N�. • � 1�.�N�NHH� 1a,r�uHIRL�Y �J1�SWATER3 ¢ F commission # 00009675 Expirn `0Q° Notary Public, Commission No. (eoo +32�usaj florlda Notary ,r,o .............""" (s ture) (Name of Nota typed, or t , p am s ped) 1 0/ • NO. 37 TO CLOSS REASOVS: a) b) IST Future expansion of Church facilities with consideration of easements and/or possible transferring of utility lines to different area of the Block in cone deration of safety. covered drive -up or can op into or up to the alley so as to allow Ch rch members better success to Church faciliti s during inclement weather. c) Parking. • t` 2 L1 7 t)1� Prepared by and return to: JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 863-763-3131 File No.: 9901 Docur-aentary Class C Intarif of $ _ e__. Sharon Rober ps paid in the anx3unt of Tax Paid in the amount Clerk of Circuit Court D.C. Parcel Identification No. 3-15-37-35-0010-01940-0010 Date: A0 �2401 pace Above This Line For Recording Pata] Warranty Deed (STATUTORY FORM - SECTION 689.02, F. .) This Indenture made this 21st day of September, 2001 Between LINDA RUCKS KNISELY and ROBERT KNISELY, her husband whose pos office address is 401 S.W. 5th Street, Okeechobee, FL 34974 of the County of Okeechobee, Ptate of Florida, grantor*, and FIRST BAPTIST CHURCH OF OKEECHOBEE, INC., Florida not for profit corporation whose post office address is401 S.W. 4th Street, Okeechobee, FL 34974 of the Countv of Oke chobee, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN A14D NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said g antee, 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, to -wit: Lots 1, 2 and 3, Block 194, City of Okeechobee, recorded in Plat B ok 5, Page 5, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, al id will clef- d the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singe 'ar ur plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the {lay and year first above written. Signed, sealed and delivered in our presence: 4. �A _ Witness Na e: Beverly Shur -ley State of Florida County of Okeechobee LIN A RUCKS KELY ROBERT KNISEL al) (Seal) The foregoing instrument was acknowledged before me this Q `_ day of Septem. er, 2001 by LINDA RUCKS KNISELY and ROBERT KNISELY, who Ware perso,;ally kno n or [_) have produced as identificatic•n. [Notary Seal] Notary Public Printed Name: �oF Fro SNIRLEY M. PASSWATERS My Commission Q noraRv v My C—rn Exp. 3/22/2002 �+ PVBLIC r No. CC 726187 L�I­Y V4--n 1100wr I D. 35871 ? It is hereby certified that we have prepared this instru- ment from information given to us by the p^rties hl'treto. We do not guarantee either marketability of title, accu- racy of description or quantity of land described as we did not examine the title to the property involved. .L I a CL , 0F (,i (cul-Ir CCJ" I ;. Warranty This Indenture, LOIS B. HIPPS, (Space Above This Line For Recording Deed Made this 24th day of July of the County of OKEECHOBEE , State of Florida FIRST BAPTIST CHURCH OF OKEECHOBEE, INC., a o laws of the state of FLORIDA whose address is:401 SW 4TH STREET, OKEECHOBEE, Florida CR0 FIL l i CLFi,fi 19 92 A.D. , Between ,grantor, and existing under the of the County of OKEECHOBEE , State of Florida , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of - - - - - - - - - - - - - - - - - - - -- - --------------------- TEN &NO/100($10.00)...................... DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S successors and ass gns forever, the following described land, situate, lying and being in the county of OKEECHOBEE state of Florida to wit: LOTS 4, 5 AND 6, BLOCK 194, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. r Subject to restrictions, reservations and eas if any, and taxes subsequent to 1991. The property herein conveyed DOES NOT constitt property of the Grantor. The Grantor's HOMES? 1509 131ST STREET, OKEECHOBEE, FL 34972. and the grantor does hereby fully warrant the title to said land, and will defend the same against In Witness NN eof, e�' , tpe grantor has hereunto set her hand and seal th Signed, sealed andsdelivered ' our pre ice: _R a I.II P.O. Address 1509 Witness is of record, to the HOMESTEAD EAD address is awful claims of all persons whomsoever. day and year first above written. (Seal) ST STREET, OKEECHOBEE, FL 34972 STATE OF Florida COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged beforepa-this..24th day of LOIS B. HIPPS, July f + who is personally known to me or who has as identification and who did take an oath. produced liver 'S;LICENSES e UQnI This Document Prepared By. ' , F` ." lU ,' SHERI SELVEY OKEE-TANTIE?TPI'LI? i`. *. "OFFICIAL N CO. 1OTARY SEAL SYI_VIA E S00 N.W. 6th S"I7iPEI, P. O. BOX 1211 NY Cot'"' OKEECHOBEE, FL 34973 EXP.IPSCOMD NOT PUBLIC 1 �2II/95 My Commission Expires: 01/28/95 ® DioFlY Systems, Inc. two 813 7�-ssis Form FLwD-2 9 2— 4 7 3 9 (.Seal) (Seal) (Seal) 1992 by _I-, O;r----� ny�011!IR0286 YJ IF1 DocumE Class C of $//,, Parcel m Number. 3-15-37-35-0010-01940-0070 Grantee #1 TIN: 59-0948707 Warranty Deed This Indenture, Made this day of DARRELL E. FERNEAU and JAMES R. TENNISWOOD, Stamps paid in the amount of ngible Tax paid in the amount of"ClOcult Court May, ] 9 9 8 A.D. , of the County of Okeechobee , State of Florida FIRST BAPTIST CHURCH OF OKEECHOBEE, INC., whose address is: 4 01 S.W. 4th Street, Okeechobee, Flori of the County of Okeechobee , State of Florida Witnesseth that the GRANTORS, for and in consideration of the sum of — — — - - - - - - - - - - TEN & N0/100($10.00) - - - and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the re granted, bargained and sold to the said GRANTEE and GRANTEE'S successors and ass situate, lying and being in the County of Okeechobee State of Florida to wit: Lots 7, 8 and 9, Block 194, OKEECHOBEE, accor thereof recorded in Plat Book 5, Page 5, publ Okeechobee County, Florida. 34974 Between , grantors, and grantee. — — — — — — DOLLARS, ,t whereof is hereby acknowledged, have forever, the following described land, ng to the plat records of The property herein conveyed DOES NOT constit%te the HOMESTEAD of Grantors. Subject to restrictions, reservations and eas ments of record, if any, which are not reimposed hereby, and t xes subsequent to December 31st, 1997. and the grantors do hereby fully warrant the title to said land, and will defend the same ags In Witness Whereof, the grantors have hereunto set his hands and s Signed, seals and delivered ' our presence: _bA WIL e - , (�i 0.1" EVA MAE CONELY DARRELL Witness, , P.O. Address TOM Wit: , r4II EVA MAE CONELY W't ess TOM W. W i t n lawful claims of all persons whomsoever. the day and year first above written. (Seal) . FERNEAU S.E. 8th Avenue, Okeechobee, FL 34974 JAMES R.ENNISWOOD P.O. Address 20 N.L. 3rd St., Okeechobee, FL, 34972 R STATE OF FLORIDA COUNTY OF OKEECHOBEE T The foregoing instrument was acknowledged before me this day of I' DARRELL E. FERNEAU, R N T who is personally known to me. This Document Prepared EVA MAE CONELY Y iP •. 0 TOM W. CONELY, III MY COMMISSION N CC 585457 CONELY & CONELY, P a• 1d EXPIRES: December 12, 2000 EVA MAE N. W. 2ND S'ITtL?I.rI' pf, Bonded Thru Notary Public Underwriters NOTARY PUR I' OKEECHOBEE, FL 349M My Commission ) Display Systems, Inc. 1990 (813) 763-5555 Dorm 1ZWD•1 May, 1998 by ONELY 12/12/00 (69 (Recording Information Parcel No: Grantee's Social Security No: WARRANTY DEED THIS WARRANTY DEED made this 11 , TAYLOR, WANDA SUE WOLFORD, this.,, HAZELLIEF, tenants MARY HELEN ] interest in common, each with a hereinafter called the G OF OKEECHOBEE, INC. whose RANTORS, Street, Okeechobee, Florida 34974 office ad( hereinafi (Wherever used herein, the terms "Grant include all the parties to this ins heirs, legal representatives and the successors and assignsnOfasscorpc WITNESSETH: That the GRANTORS, for and in $10.00 and other valuable considerationsnre s acknowledged, hereby grants, releases, conveys and confirms buntgoainsthe GRA land situate in OKEECHOBEE County, Florida, LOTS 10, 11 AND 12 OF BLOCK 194' CITY OF THE PLAT THEREOF RECORDED IN P,OjU RECORDS OF ST. LUCIE COUNTY PLAT BOOK 2 ALSO RECORDED� IN P FLORIDA AND A Cc COUNTY, 1' BOOK 5, PAGE 5 FLORIDA. , PUBLIC • ove ) Of July, 1992, by GRACE `ULFORD AND BETTY LOU n undivided one-fourth :o FIRST BAPTIST CHURCH tress is: 401 S.W. 4th :er called the GRANTEE: or" and "Grantee" :rument, and the is of individuals )rations). -ation of the sum of ipt whereof is hereby s, aliens, remises SEE, all that certain o-wit: utSEE, ACCORDING TO ' 17 OF THE PUBLIC OF SAID PLAT BEING ORDS OF OKEECHOBEE SUBJECT TO restrictions if any. reservations and easements of record, The above described property does not constitute the ho Of the Grantors. mestead TOGETHER with all appurtenances thereto belonging or e tenements, hereditaments g and in any appertaining. TO HAVE AND TO HOLD, the same in fee sim le forever. AND the GRANTOR hereby GRANTORS are lawfully seized Ofvsaidtlandtinsfee simple; GRANTEE that the has good right and lawful authority ple% that the said land; that the GRANTORS Y to sell and convey said land and will defend thehsameYafull Y warrants the title to all persons whomsoever; and that against the lawful claims of encumbrances except taxes accruingsaid lan subse went t is free of all q December 31, 1991. IN WITNESS WHEREOF, the said G the day and year first above RANTOR written. has executed this Deed Signed, Sealed and Delivered 4�S�_A presence:0 G t ,> S TO TAYLOR t (Pleas e fE c here:) nt ,name of Witness G� (I,OR (Fill address above) a60, r6� i • SATISFACTION OF MORTGAGE BY CORPORATION (i. 0 :SGUh •, 227 ?+1452 RAMCO FORM 26 satisfaction of mortyage RnOW Hit Men By These Presents: That Okeechobee County Bank a corporation existing under the laws of the State of Florida. the owner and holder of a certain mortgage deed executed by FIRST BAPTIST CHURCH OF OKEECHOBEE, INCORPORATED to Okeechobee County Bank bearing date the 17tlrlay of April , A.l Book 136 page 387 , in the office of the Clerk of the Circuit State of Florida, securing a certain note in the principal sum of Sixty six thousand two hundred seventy three dollars ar Dollars, and certain promises and obligations set forth in said mortgage de( State and County described as follows, to -wit: REAL ESTATE AS DESCRIBED IN SAID MORTGAGE DEED ). 19 72 , recorded in Official Rccvr:h -ourt of0keechobee County i 85.100 ----------- 1, upon the property situate in said Cat .9" W. co 09 c-x i"t1 CAM C=n i t CD S2rn t rnQ ...., ��. 31. CO C=M �s 10 hereby acknowledges full payment and satisfaction of said note and ortgage deed, and surrenders the same as cancelled, and hereby directs the Clerk of the said Circuit Court to cancel the same of record. In Witness Whereof the s id corporation has caused these (CORPQRATE presents to be executed in its name, and its corporate seal to be hereunto SPAL) affixed, by its proper officers thereunto d ily authorized, the 3rd day of April A. D. 19 79.. r: ATTEST:....-`---. J .... ...............``.....-- .............. OKEECHOBEE. )�Xxxdr Signed, seale /nd delivered in the presence of ...... -- .. 1tX ^^!-V ...L.f.C.......--------------_.... - L y ..... .. -- STATE OF Florida J COUNTY OF Okeechobee I I . . I,,,, 1 - - - .1_1 __ .u. a_.. k..a,.... ,.,.. _ „tr.o. ,4,dv ,n fhv c�tafA and BANK..................................... .. -:. ........... V1Ce- Pre�iden[ tv aforesaid to take acknowledgements, 0 ntORTOAdJt nR�e 1*0 4011IOItAtlerl I,10Y 1pel YlYu�l OQUR JG 00 t 1 90 30Vd 0 � I1� is or to ift eed Ereeuted the 17 th day of Apr i 1 A. D. 10 72 by First Baptist Church of Okeechobee, Incorporated hereinafter called the mortgagor, to taKEECHMES COUNTY EANK q corporation ertsting under the laws of the State of FM address at P. 0, Box 218, Okeechobee, Morida with Its Permanent poatoj�tcr hervinallor called the mortgagee: �+1 ,•Per ewY utives an aa.3the kw� el (dt/ �`" Me "werla6444- irsh.d. en :rja it ,64 I+uwWu ew1 � hain Ineluda au the aaul hffM rr L sad A& wae.er. eed a el earporadaari and t►a ,,,� �pM•1 dac►ibcd it Mato " sec.) 10itnewthr that for good and valuable cons lderaIions, and olio In considarglion of the agar&. gal& sum named In the promissory note of *von date herewith, er&Inn/ter described. the mortgagor here- by grants, bargains, sells, aliens, remises, convoys and confirms unto the mortgages all th e curtain land o/ which the mortgagor is now seized and In possession situate in Okeechobee County, Florida, vl::A� GCAA Lots 1, 2, 3, 4, S, 60 7, 8, 9, 10, 11, and 12 of Block 187, OKEECHOBEE according to plat thereof recorded in Plat Book 2, Page 17, public records of St. Lucie County, Florida. Provided Wthor that said mortgagors do hereby co;': -,h at and act: witp said taaNgas4e, that ther WUI not, during the peof time cl� mortgage Is in offset, either sell, convey, or agree tll or coava� the property covered by this mortgage whereby thistgage won, ba assumed without the written consent of the mortga. Any'vh!. Lion of this provision shall grant unto the mortgagee rWit to .. . clare the total balance ramaialng, due at the date o[ violation." this mortgage shall also severe the payment f awy fvtura edvanoss or loans that may be mada y the ft"a(tee to the mortgagors at any time wit in tan yosra hereafter, even though no indebtedness la out- standing hereunderi provided that the maxima prin- =pa6�. Qt g money to secured shall not xcead t any one vkled further that such d snags, or loam sn llP ro- thbe wwtderwad by separate written Instruments to nvoka t. Nve terma hereof. 3390H=i33 >10 30 Aj I _) i • Number of Deed..79.. his �naenture, made this, $ b............day of -. ,ecominr, it, the year .A_ D. nineteen hundred and_. X;,f teen ... . ..... , .between the QKELiCHOBEE COMPANY, a corporation duly established and existing under the laws of the State of Florida, party of the first part, T. B. Owens R. P. Bletcher and T. C. Beavers, Trustees First Bap- tilt Church of Okeechobee, """"""" of the County of. --...St.. , Lucia .—..and Stare of.. #1.'lArida .... . ..... parties... of the second part. WRIICZeetb, that the said party of the first part, for and in onsideration of the sum of ........ .... Qnfl_Dolla.r.and..o.ther..valuable..conaid era tIon... , ....... to it in hand paid by the said part..ie8-,cf the second part, at and before the ealing and delivery of these presents, tl!e rcceilpi whereof is hercbv acl.:!io;vledged;`h-athwg-ranted, bargained, sold, released, conveyed and confirmed, and by these presents loth grant, bargain, sell, release, convey and confirm unto the said partiOR-...of the second part......... .......their.. success. T.9................... and assigns, ALL - thome:- ..tractB, lot6., or parcels of land, situate, lying id being in the County of ..........St.... Luc.ie...... ..... and State of Florida; known and describedla�s follows: .... Lots One (I), Two (9) and Thireey(3) of Block One H dred and -Eighty Seven (187) of the Town of Okeechobee, according to plat made of said Town and filed in the office of the . Clerk of the Circuit Co>rt, in and for St. Lucie County. Together t-t,ith all and singular, tile rights, n!em5et's, hereditanients and ap tntenances to the said premises helon-ing, or in anv\wise appertaining. CO J)RVe 3110 t0 I)OIa all and sin-illar• the premises and appurtenance..; and every part thereof, unto the said part. ie$ , ,of the second part....... their. successors , ..and assigns, forever. To be used for a cliurchPand ' arsonafe only. . And the said party of tie rst art an rts succe.. Fors, tie sail premises and every part 'thereof, unto the said part. i00- .of the second part....... the1r..8UQ0AsRor.8... .......... and assigns, against it, the said party of the fiat part, and its successors, and all and every Dther person or.persons, claiming under or through it, will warrant and forever defend all these presents. 1111 ' dtt'riess Whereof, the said party of the first part has caused these presents _ to be sealed with its 'corlpnrate -seal ;y ' _ -- seal-signed-and-i s........Presideni and- attested by its Secretary .as the act and. deed of the corporation, the day and 0 1 c� r-yn 'y •BOOK 42 PAGE (a7. C®U NTr DEED. Application No ............. ................. DeedNo ................................................ UNDER CHAPTER 194, FLORIDA kATUIES 1941 Okeechobee ..................................................COUNTY, FLORIDA This deed made this ...... 18th........ day of...................June A. D. 194....5...., by the County of ...................................................... . ee,ehobee .............. ; State of Florida, party of the first part an Trustees o.f,...the......... ................... Bait, ,a.t ChuY'Ch.... party of the second part, WITNESSETH: 'That the said party of the first part for and in consideration of the sum of ($... .5....Q.O...........) ' w,e, ty,-f, ye...,&....noA00 —....--Dollars to it in had paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargain d and sold unto the party of the second part, his heirs and assigns forever, the following described land, to -wit: Lots. 5 & 6$, Blk. 187, City of Okeechobee ............................................................................................................................................................................................. IN TESTIMONY WHEREOF, and by vhtueof the authority vested by law in the Board of County Commissioners, and for and on behalf of the County of......Q H. ..GY1gbQ. ....................... State of Florida, we, the under- signed, as members of the Board f County Commissioners for the County and State.aforesaid have executed this deed and have there - unto set our official signatures and seals, attested by the Clerk of the Circuit Court for said County, thi the ............ 2nd .day of ........................fly.............................................., A. 194?.......... Signed sealed and delivere the presence of: Member Board County Comm' on .. ........................ .. ......... .... ..... . ....... .......:......................................... (SEAL) Member Board ounty C omrr jissioners .... `< (;SEAL) ATTES Membe oard county Commissioners .......... ........ ............\...... ..... (SEAL) Clerk Circuit Court Memb Board ounty Commissioners ...................... Okeechobee .................County, Florida.............�.................................. (SEAL) Member Board ounty Commissioners I u v� WARRANTY DEED INDIVID. TO INDIVID.y+( r`6 This Warranty deed Mnd4e' the ` »1 LO/ is day Of Nov R. M. FAGLIE and ARABELLA FAGLIE, his wif6, RAMCO FORM 01 er A. D. 19 66 by hereinafter called the grantor, to J. E. CONE, ROSALEE PEA CE, and LARUE CHANDLER, as Trustees of The First Baptist Church of Okeechobee, Florida, and their successors whose postof f ice address is Okeechobe(r , Florida. hereinafter called the grantee: IWhere ver used herein the terms ''grantor" and "grantee" include all the par ies to this instrument and the heirs, legal representatives and assigns of individuals, .and the successors aid assigns of corporations) bitnesseth: That the grantor, for and in consideration of the su of $ 10.00 and other valuable considerations, receipt whereof is hereby acknoutledged, hereby rants, bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee, all that certain larid situate in Okeechobee County, Florida, viz: Lots 7, 8, and 9 of Block 187, TOWIT OF OKEECHOBEE, according to plat thereof recorded in Plat Book 2, page 17, public records of St. Lucie County, Florida. Together with all the tenements, hereditaments and appurtenar wise appertaining. TO �taue and to R01d, the same in fee simple forever. Rnd the grantor hereby covenants with said grantee that the grant in fee simple; that the grantor has good right and lawful authority to sel grantor hereby fully warrants the title to said land and will defend the s all persons whomsoever; and that said land is free of all encumbrances, to December 31, 19 65. In witness Whereof, the said grantor has signed and sealed first above written. Signed, seal and delivered in our presence: 7 t.. - ... STATE of FLORIDA thereto belonging or in any- r is lawfully seized of said land and convey said land; that the .me against the lawful claims of except taxes accruing subsequent e presents the day and year ........................ Cc.............. . . SPACE ELOW FOR RECORDERS USE 0/1 Return to: (eneiosa self-ald(amod stampt+i sl,vela,,,{ la,n� H . G . CULBRETH P.O. Box 848 Okeechobee, FL 33472 • alp 6CL.V f3 i ArilR� Tail k"'lrm«st Ptpared by: E. T.Iiunter, Esq. o HUNTER & HUNTER, P.A. �0 r 1930 Tyler St. IO' Hollywood, FL 33020 1<-� Stamps paid In the amount of A c ,{ PAU AIOVE THIS LINE �FFom ppWA=gQ DA iatk of CI cal ourt da L.XBi: i:. dit this � r avid 0, Hamrick and H. �. day ')t Culbreth as co•-Tru ast Will and Testament of Riciiard L1.1-iq H��Irr. first party, to first Baptist Church of Okeechobee, Incc>_poral Whose posloffice address is .0. Box 218, Okeechobee, Florida second party: VAC ADOYE THIS LINE FOR RECORDING DATA - ,NOUe�Y r7s� C D. 199 2 by ;tees of that Trust under the .ck dated August.5, 1978. 0 I prrrevrr used herein lhr terror "first party" end "rerond party" rh.11 inrl do singular and plural, hri,y, Itgal reprratnul.vu, and assigns of individuals, and Iht succeraon and +urig nr of corporations, whereon the s, IC at w admits or rcquiras. t 10itnessethr Thal I}le said )art first f� [)art)', for and in cunsiderali n of (he sum of $ 10. 00 in {tun({ paid by lice said second party, the ;eceipl .1%ereof is lt.^reb lease and (tuft -claim tsni) lire said secortc{ Y ucltnotuledged, does hereby remise, re' said party forever, all Ilse right, ille. interest, c{aim and demand which first puny {Las in and to file fallowing described lot:, piece or )arcel of land, situate, lying and being in the County of Okeech )kjc_'d f r - ride g �.: ale o to -wit: llley running East to WeE t between: Lots _ 8, 9, 10, 11 a,:1 12 of Liock 137, OKEECHOBI Plat thereof, recorded in Plat Book 2, PagE Records of St. Lucie County, FL .11 2, 3, 4, 5, 6, 7, E according to the 17, of the public To l{a" and to fold llle some together with all and singular the appurtenances (hereunto belonging or in anywise apperfai,.ing and .:;ls the a>:.alc, sigh; title, n(eresf, lien, equity and claim whal- soever of die said first party, eft{ter in law or eyuify, it. t]te only proper use, benefit and behoof of (]se said second party forever. In 10itness hIrenf, The ,aid first party has signed d lirtit ;fi n , . n g an sea ed these presents lie day and year Signed, .sealed and delivered in presence of: 1 . ..... .. .......... :. .... STA- E Or X_ ` -9, C_ Dav?d O. Ha rick................................... _jM Co —Trustee .......................... ...... I............... COUNTY OF 1 /'�-,uf`��::.�'., ! .���•G_� �CG2 �� � -� f_"f�.r /Cjze�ut�c- � y26' .�f� , t .4iCREiiY �E T1F!' thait this day, before me, an tl� oil{C:7 duly authorized in the Stair afotr_;aid and ,n the i •,u ry f n a oresard to take acknowledgments, personally appeared David 0. Hamrick, Co —Trustee to n;r known to be the Person described in and wilt) exreu(eu the foregoing ins rurwrit and he be4ote rr.e that he rxecu led the (:unr, acknowledged WITNESS n,y h:utd and .lfiY+irif E-Hr t;)e County uf�<# State las, afar aid this A. ,),Np�t�?llblic, State of Flolda / l C�7'h day of I 4/O re-rn e 199zMy Carom expires Nov. F r;�95 P Conlin No CC152990ic t, ,ram • �K 4 341 pAcE1197 IN WITNESS WHEREOF, the first party ha Ares is t e day and year first above w H. G. Culb Co -Trustee State of Florida County of Okeechobee I HEREBY CERTIFY that on this day, duly authorized in the State aforesaid and in to take acknowledgments, personally appeared Trustee, to me .known to be the person describe the foregoing instrument and he acl-nowledge executed the same. signed and sealed itten. -ern afore me, an officer :he County aforesaid H. C. CULBRETH, Co- in and who executed before me that he WITNESS my hand and official seal in he County and State last aforesaid this ad__day of aet , 1992. December, 1992. My Commission Expires: Notary Pu persona; known to me �. c `•- MELODY AMMONS MY COMMISSION EXPIRES '? June 25, 1995 `BONDED iARU NOTARY PUBLIC UNDERWRITERS c� z� s — � (7) rrl 01--3 0 • Page ?. INS{6M coMiA At Phorized Signature I � u�ii tyr Ow. W. dv &Ith Rig �ea'ali U 1 E' (.III c V14 6" t1f Typed Name & itie Phone No. 6ate psi r nature Typed N- aerti'e & TltlQ /UU e v Authorized Sign re Typed Name & TI I one No. 7�63- hone No. tik� �6 ji I �M4 � `'� �,•' b'• uthorized Signatur Typed Name & Title Phone No. e _Z -r--J3 Dato d Onl For Glt 'of Okeechobee & First Addition to City of Okeechobee Subdivisions: d bre a`{ la tiT ? '. y�4 i a r�i9 rr .e C c rC T2 ce r 7- M •4 AllL q-.✓ ��l1 HG! L4-/9 &--i11 C,t �-7: A 3 710 3 rj -�/ Authorized ignature Typed Name & Title PV one No. Date • 3nN3nd Hlt7 MS So „Z c d H15 MS ` d3A „8 i N t--- w w I— Ln U) U a co � LO d � U d n „8 N O n 00 Ln r- • Ll w Cyr � F r- 00 S (T5 A rage a APPLICATION,NO.; ,; INSTRUCTIONS."After'Pages 1 and 2 are completed by applic nt. Return entire application ,to,the'City Clerk's.Office. ,The $25.00 application fee is then p id. THE CLERK'S OFFICE WILL G- HAVE THE FOLLOWIN CEPARTMENT SIGN OFF BEL _ W: PUBLIC WORKS DEPARTMENT Authorized Signature Date Authoffiz Donnie Robertson, Public Works Director Typed Name & Title orized Signature FIRE DEPARTMENT Oscar Der Typed Na Typed Name & Title ature f Typed Name & Title Date Date ignature Date iudez, City Engineer & Title ADMINISTRATION Authorized Signature Date APPLICATION APPROVED BY: ;J LANIt GAMITO A, CITY CLERK Typed Name & Title DATE Revised 4/3/03-LG lob Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: February 9, 2005 _9z Re: Alley - and City Street Closing application for the F' st Baptist Church of Okeechobee We should be aware of the critical drainage problems on City of Okeechobee especially on this area of the City. However the Engineering Office will recommend to approving the request for the Alleyway closing for the only use of the future pro ose facilities. Also, is the Engineering Department's oph Okeechobee shall not abandon an existing and that the City of tional street. rj � • GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. • Suite 200 • Ft. Lauderdale, FL: April 1, 2005 Ms. Manta M. Rice Director of Finance City of Okeechobee P.O. Box 835 Okeechobee, FL 34973-0835 Re: Actuarial Impact Statement for the General Employees Pension Dear Marita: Enclosed is the impact statement for the proposed ordinance, which The impact statement states that there is no cost associated i addressed to Mr. Slavin at the Division of Retirement. You will have to add a copy of the Ordinance and a letter from the and will cover the additional cost, if any. Then sign the letter and send the package to Mr. Slavin at his address ( Please send us a copy of the signed Ordinance as soon as possible. please contact us. Sincerely, �i7t-PiI��A. Theora P. Bracciaiarghe, FSA Sr. Consultant & Actuary Enclosures cc: Scott Christiansen 0 954-627-1616 a FAX 954-525-OM Fund itt Christiansen sent to us. this amendment and is stating that it recognizes shown on the letter). you have any questions, Pg lath GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Otas Blvd. a Suite 200 a FL Lauderdale, FL 33301-2254 . 954-527-1616 in FAX 954-5254XW April 1, 2005 Mr. Charles Slavin, Actuary Bureau of Program Services Division of Retirement Cedars Executive Center, Bldg. C 2639 North Monroe Street Tallahassee, FL 32399-1560 Re: Actuarial Impact Statement for Ordinance No.887 Amending the City of Okeechobee Pension Plan for General Employees Dear Mr. Slavin: Enclosed is a copy of the above -captioned Ordinance. This letter, with enclosures, constitutes the Statement of Actuarial Impact as issued by the plan administrator. The Ordinance amends the plan to incorporate (i) a 20% lump sum option, (ii) language addressing Domestic Relations Orders, (iii) reemployment provisions, and (iv) a Deferred Retirement Option Plan. The changes have no impact on the cost of the plan. This cost determination was prepared and completed by me or under my direct supervision, and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII, Chapter 112, Florida Statues. There is no benefit or expense to be provided by the plan and/or paid from the plan's assets for which liabilities or current cost have not been established or otherwise taken into account in the cost determination. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the cost determination. Theora P. Braccialarghe, FSA, MAAA, FCA Date Senior Consultant and Actuary Enrolled Actuary #02-2826 For the Pension Board as Plan Administrator Date The Okeechobee News, Thursday, M rch 24, 2005 I r 11�'Public Notice 11 F E CIgCUIi COURT�PuIN THE CIRCUri COURT ' Noticelic 1 ( r HE NINETEENTH OF iE NINETEENTH IN THE CIRCUIT COURT I 1 IPublic r i Notice CIRCYR IN AND FOR JUDICIAL CIRCUR IN AND FOR OF THE NINETEENpp{{ 1 EE COUNTY, FLOpIDA OKEECHOBEE COUNTY AND FO A JUDICIAL CIRCUIT IN ANp fp f ENILE DIVISION JWENILE DIVISION OKEFCHOBEE COUNTY, FLORIDA PUBLIC NOTICE CASE N0: 20WI)P-05B CONSIDERA710N Of ADphTll G CASE N0.2000 DP-052 JDVENILE DIVISION PLEASE TAKE NOTICE th t C CITY ORDINANCE of th City of Okeechobee, REST OF , CASE N0, 1995-DP-528 Florida will on Tuesdayy, gprij 5 ppg at 6:00 .m. or as soon mereafter C IL, DOB1 05/01/01 W THE INTEREST Of: IN THE INTEREST Of: Passible, at n Tuesl; 5,, SE 3rdA 1 Okee D v„ DOB: TaaB,�97 H ,,,,f�ug,, I mina GilW: ` D•V•, DOB: OVOW95 WING on and thereafter consider final tiding' L conduct a PUBLIC grez Mather of the minor child:.. nance into law: NO.887. AN ORDWANCEOF THE C the OFf011owin BEE j Carty Bid, Motherof the minor chi AMENDING AMENDING THE CITY OF OKEECHOBEE AND OKEE HOBEEKEEC OBE i CA, Cathy Bfas THOR" EMPLOYEES' RETIREMENT SYSTEM, A OPTED PURSUANT rtgY,-W�o � TO Father. of D.V„ TO ORDINANCE No. 828' AMENDING SECTION DEFINITIONS By R Address Unknown BMee VandergrNf TO. Father of D V., AMENDING THE DEFINITION OF ^RETIREMENT` AM NDEFI SECTION 3 Residence 8 Addreas Unknown BRUCE VANDERGRIR BOARD OF TRUSTEES; AMENDING SECTION 8 DIS BILING AMENDING `ii notified that a ;-, Residence 8 Address Unknown ' SECTION 1D OPTIONAL FORMS OF BENEFITS AME DINGTY; SECTION 17 `has been fled p �e You tiro hereby notmsit }hot a petition You are hereby notified that TREPEAL OR'TERMINATION OF SYSTEM AMENDIN SECTION SECTION 17 !theof Children and Family andar oaf bash filed by the under oath has "been flied et iheri EMPTION FROM EXECUTION NON-ASSIGNA81L AMENDING SEC kni above•s��qed Court $erricea-10 01e above_ led Court Services In the above-sN ed Cwrt`: ION 23, MILTfARY SERVIC PRIO TO EMPLO ENi; AMENDNG Department Of ChildrenandFamily under of s been and Fannly RR Innallon of pareel for "the--termindon of, Court for the termination of SON 27 25 ' REE OVER ME NT SERVICE- CE- A MEN AMENDING SEG 1 ro CA, a male child, TION 27 PRiOR GOVERNMENT SERVICE; ADDING SECTION 28 DES r sbbmhfat day of a 1099 dOrn � he to D V., k male child , ri parental pgOVID NG FAR SEVEgAB LOITNy OAF PROVI3IWONS�R EAUNGFlAL fipp: tthaCo loom on Ute Oth flay rh pclpber gg relative to D.V. a female- umr M ",' 109y� The child was boin In the child, loom on the 2nd day of Feb DINANCE$ IN CONFLICT HEREWITH AND PROVIDI G.AN EFFECT R ),the Stets of fferfda'CO�uumrAYy of SL Lucie, ktthe State of ivaryry,1995. Tffe Child was'bom in DATE r, ; ��ed ro be aP aF�wrtfe You am commanded to be the Courny of St. Lucie, In the State 1 Judgpee of the Ckcutt of Florida. You are commanded to, ' All earing h of the public are encouraged to attend and perdclpete In hile "Dlrlalotr In the and before a Judppsa be and a pear before a Jude of ` said h@adng, Tha pro osed Ordinance maybe Inspect In Its entirety b (Court located at Chu Court' Juvenile pfvlalonVin . p @ members of the p y tt the above slykd Court located at me Clrcuh Court, Juvenile Division public In the Office of the City Clerk t rig regular bust - In the above -styled Court located nsss hours, Mon•Fd, Sam-4:3ppm except for holiday . 1112 nd tit Buse OkeecMjllee 91. Courthouse at Yee, 194072 ( 304 N W 2ne Street, PLEASE TAKE NOTICE AND DE ADVISED that 0 an e Okeeshskee Ft, 8IOi2 Okeechobee County Courthouse aPpeal any decision made by the City Council with ree ct to anesires to l the 4fh day of M 304 N.W. 2nd Street, considered at this hearing, such Interested person wi1P eed a record o} Wring and •td show AT 1'� P M' fhe`4ih tlay of May, Okeechobee, FL 34972 the. Proceedings; and for such u r k PMon should not Cause for hearing •and to show record of the proceetlings is matle wh ch recoro ncl e s the tes rem�m . y cause why saki Petttion should not At 1:30 P.M. on the 41h day of Ma , and evidence upon which the ap eat is to be based. C' Clerk be granted; 2005, for hearing and to show . for the sole purpose of backu p tapes afire i bap —cause wiry said Petition should not P for ofrcial records of th Clerk. y appear at this Failure to a be granted. In accordance with the Americans with Disability Act bP eion of tea con- P ��ilY appear at this do Statutes 286.26, persons with disabilities needing sp ial accomma k onmatlon of your a sentadvisory hearth constautes con- Failure to personally appear at this p ) and Flod• F . fink child. If p lo me te�ina8on of your a- da8an to participate In this proceeding should contact La a Gamiotea no you fa11 rental rights to As child, li p advisory hearing constilutes CO- . later than two (2) working days prior to the proceeding at 63-763-3372 , the' tlate and Ome You fail x215; ii hearin or voice impairetl, call TOT i-B00-2 2- 44B (voice) or t ( may lose all legal to appear on the date and time sent to the termination of your pa - Went to. the child spec ed, You may lose all lagai rental rights to this chill, fl you fa � 888-447e 5620 (Try)) Petition attached to �° a Parent to the child ro appear on the date and trine Lane Gamiotea, CMC;CITY CLERK named In the petition attached to spangled, you may lose all legal this notice, rights as a909 ON 3/24/05 �' I parent to the child IOU have the right to Be advised that you have the right to named in the petition attached to ey repress rn you Inthis notice. t IOU canot afford an thishere attorney represent ou in Be advised that you have the right to Vans Clay ben appointed for afto matter U You cannot afford or have' an attorney represent you In PLYM VOYAGER, ' 4070 attemey one maybe appointed for this matter. If you canhol,afford an loaded, regular On March 7, 200 Iri'Okeecho you, . 93- fully la$ the Clerk of said attorney, one may be appointed for g filainte- I i seal -thereof this wimess my hand as the Clerk of said you• nance looks great in/out, County, Florida th Sheriff seizes hch Coos Court and tha seal thereof, this Witness my hand as the Clerk of said $2500 (863) 763-7609, and held Two The rid Two Hun 27st day of March, Coos. tired Seven Sharon Robertson Court and the seal thereof, this find it faster. Sell it sooner �' S Veit Dollars, 21st day of March, 2005. (5277 A co In Un' ed States Ur. Clerk of Court Sharon Robertson rency. A complaint will be 81er1 in 9y: Linda F. Young clerk of court in the classifieds. the Circuit Court Okeechobee I p rk By: Linda F. Young Sharon Robertson BUying a Caf7 County, Florida { 30:4/6,13 Clo 5g3235 ON 3/24,30; Deputy Clerk Clerk of Court 4{6,13 By; Linda F. Young Look in the Classirleds. S John Rhoden 563243 ON ar De uty Clerk Selling a car? Okeechobee County herifrs Office I ; 4 0.4/ 1' Led in the classifieds.. ( 1); 763.3117 ified j be holding a boating safety class it information or to pre -register,. , On Kay King , TOtt Ave., will present Nashville t Ilarron Kay King in a live per - Or information, call the church a 0) 4958. �g � 4. dill meet. ; . I • ,.. � fly rbraryBook,Discussion Group r e Okeechobee Library£ I meeting � ° $ .• ind discuss books is invited to !ursday, March 31, "The. Other daY, April 21,` "Come .Tell Me coulYes ,rowan; Thursday, May 261 ."Yet - Or' Y photo/Lake Okeechobee Airboat Associa on ris; and Thursday, June;23;. The winner Ulie Fowler. If you have Joe Salatka, of Jensen Beach, was the in, call Jan Fehrman at 863 ( ) fiber Savage model Hornady with scopenner and hard as Is(valued at $299) in the. Lake OkeeCtTobee Airboat Asso 1- ation (LOAA) 7005 gun drawing. drawn on Sunday, March 13, at gthe Speckled ed Perc Val. h- Fes' s • • EXHIBIT 2 ORDINANCE NO. 887 AN ORDINANCE OF THE CITY OF OKEE HOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUASIT TO ORDINANCE NO. 828; AMENDING SECT ON 1, DEFINITIONS, BY AMENDING THE DEFINITI N OF "RETIREMENT"; AMENDING SECTION 3, BO RD OF TRUSTEES; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 17, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECT ON 18, EXEMPTION FROM EXECUTION, NON -ASSIGN BILITY; AMENDING SECTION 23, MILITARY SERVICE PF IOR TO EMPLOYMENT; AMENDING SECTIO J 25, REEMPLOYMENT AFTER RETIREMENT; AM ENDING SECTION 27, PRIOR GOVERNMENT SERVICE; DDING SECTION 28, DEFERRED RETIREMENT OPTIO PLAN; PROVIDING FOR CODIFICATION; PROVIDIN FOR SEVERABILITY OF PROVISIONS; REPEALIN ALL ORDINANCES IN CONFLICT HEREWITH AND PR VIDING AN EFFECTIVE DATE. NOW, :THEREFORE, BE IT ORDAINED before the City gouncil for the City of Okeechobee, Florida; presented at a duly advertised public m�or ting; and passed by majority vote of the City Council; and properly executed by the Mayo designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee and Okeec Employees' Retirement System, adopted pursuant to Ordinani amended by amending,Section 1, Definitions, by amending the de to read as follows: Retirement means a Member's separation from City immediate receipt of benefits under the System or entry into the Option Plan. SECTION 2: That the City of Okeechobee and O Employees' Retirement System, adopted pursuant to Ordinan amended by amending Section 3, Board of Trustees, subsection 1 follows: 1. The sole and exclusive administration of and operation of the System and for making effective the provisions hereby vested in a Board of Trustees. The Board is hereby di administrator. The Board shall consist of five (5) Trustees, one of resident of the City, who shall be appointed by the Okeechobee Ci shall be appointed by the Okeechobee Utility Authority Board, one i Utility Authority No. 828, is hereby of "Retirement", ent with eligibility for Utility Authority No. 828, is hereby subsection 3, as bility for the proper if this ordinance are ;ignated as the plan hom, shall be a legal Council, one of who whom shall be a full- APRIL 5, 2005 • • time General Employee Member employed by the City of Okeechobee, and one of whom shall be a full-time General Employee Member employed by Okeec obee Utility Authority. The fifth Trustee shall be chosen by a majority of the previous four Trustees as provided for herein, and such person's name shall be submitted to the Okeechobee City Council. Upon receipt of the fifth person's name, the Okeechobee City Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four Trustees a pointed 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 tie 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 pl aaure 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 Okeec obee Utility Authority as a General employee orotherwise vacates his office as Trustee, w iereupon 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 oard shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. 3. Each Trustee shall be entitled to one vote on the BoarIting Three (3) affirmative votes shall be necessary for any decision by the Trustees at any m of the Board. A Trustee shall have the Rye abstain from voting as the result oi a conflict of interest provided that Trustee complies 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, P ysical Examination Requirement, to read as follows: 3. Physical Examination Requirement. A Member shall not become eligible for disability benefi undergoes a physical examination by a qualified physician or physic or surgeons, who shall be selected by the Board for that purpose. 2 until and unless he ns and/or surgeon ie Board shall not is select the Members treating physician or surgeon for this purpo., case where the Board determines that it would be reasonable an Any Retiree receiving disability benefits under prov may be required by the Board to submit sworn statements of his by a physician's statement (provided at the Retiree's expense) to may be required by the Board to undergo additional periodic re-exa physician or physicians and/or surgeon or surgeons who shall be to determine if such disability has ceased to exist. If the Board fine longer permanently and totally disabled to the extent that he is una efficient service as a General Employee, the Board shall recomm Retiree be returned to performance of duty as a General Employ returned shall enjoy the same rights that he had at the time he wa In the event the Retiree so ordered to return shall refuse to comp thirty (30) days from the issuance thereof, he shall forfeit the righi The cost of the physical examination and/or re-exan claiming or the Retiree receiving disability benefits shall be borne reasonable costs as determined by the Board incident to the phy; as, but not limited to, transportation, meals and hotel accommoda the Fund. a except in an unusual i prudent to do so. sions of this ordinance ;ondition accompanied he Board annually and ninations by a qualified selected by the Board, s that the Retiree is no de to render useful and :nd to the City that the :e, and the Retiree so placed upon pension. y with the order within to his pension. ination of the Member by the Fund. All other cal examination, such ons, shall be borne by If the Retiree recovers from disability and reenters the service of the City as a General Employee, his service she will be deemed to have beE n continuous, and but the period beginning with the first month for which Retiree receivec a disability retirement payment and ending with the date he reentered the service 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 Citv will not 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, to ac d subsection 1.D., and to amend subsection 7, as follows: 1. D. For any Member who does not participate in I he DROP pursuant to Section 28 a lump sum payment payable tc the Retiree equal to twenty percent 20% of the Present value of the Retiree's accrued benefit at the date of retirement with the remaining 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 the Deferred Retirement Option Plan shall not be eligible to select this partial lump sumoption. 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 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 a 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 Okeech bee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by amending Section 17, Repeal or Termination of System subsection 2, to read as follows: 2. If this ordinance shall be repealed, or if contributior s to the System are discontinued or if there is a transfer, merger or consolidation of qovernment 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 retire ent allowances, and any future persons entitled to receive benefits under one of the optiol is provided for in this ordinance who are designated by any of said Members. In the event of repeal, of -if eomtHbufiens to the Systern are discontinued discontinuance of con ributions or transfer 4 merger or consolidation of government units, services or functions, there shall be full vest- ing (100%) of benefits accrued to date of repeal and the assets of the System shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. SECTION 6: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by amending Section 18, Exemption from Execution, No -Assignability, to read as follows: SECTION 18. DOMESTIC RELATIONS ORDERS: RETIREE DIRECTED PAYMENTS; NON - ASSIGNABILITY. 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 n connection with the or Retiree shall submit payment of benefits of a Retiree the Member the proposed order to the Board for review to determine whether the System may legally honor the order. B. ' If a domestic relations order is not submitted W the Board for review prior to entry of the order, and the System is ordered to take action that it may not legally take and the System ex ends administrative or legal fees in resolving the matter, the Member or Retiree who submits such an order will be required to reimburse the System for its expenses in connection with the order. 2. Retiree Directed Payments. The Board may, upon written request by a Retiree or a dependent, when authorized b a Retiree or the Retiree's Beneficiary, authorize the System to withhold from the monthly retirement payment those funds that are necessarytD payfor the benefits being received through the City,to pay the certified bargainina aq 9nt of the City, and to make any payments for child support or alimony. 3. Exemption from Execution. Non -Assignability. or any other Except as otherwise provided by law, the pensions, annuities, benefits accrued oraccruing to any person underthe provisions of Ihis 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 5 subject to execution, attachment, garnishment or any legal process be unassignable. SECTION 7: That the City of Okeechobee and Okeechobee Employees' Retirement System, adopted pursuant to Ordinance amended by amending Section 23, Military Service Prior to Employment, read as follows: 1. The Member contributes to the Fund the sum that hewould based on his Salary and the Member contribution rate in effect at the whatsoever and sha Utility Authorib. No. 828, is hereby subsection 1, tc have contributed time that the Creditec Service is requested, had he been a member of the System for the years of years for which he is requesting credit plus amounts actuarially determined crediting of service does not result in any cost to the Fund plus payment professional services rendered to the Board in connection with the Credited Service. SECTION 8: That the City of Okeechobee and Okeec Employees' Retirement System, adopted pursuant to Ordinance amended by amending Section 25, Reemployment After Retirement, SECTION 25. REEMPLOYMENT AFTER RETIREMENT or fractional part: such that the of costs for all purchase of years of bee Utility Authority No. 828, is hereby to read as follows: Utility Atitherity shall elect to- i Unless law, . otherwise prohibited by comfinue to i eceive his retirernent benefit, Of; disability retirement 1. Any Retiree who is retired under this System, except for as previously provided for may be reemployed by any public or private employer, except the City, and ma receive compensation from that employment withO tlimiting orrestricting in anyway the retirement benefits payable under this System. ReeniploymentbytheCi shall be subiect to the limitations set forth in this Section normal retirement 2. After Normal Retirement. Any Retiree who is retired under pursuant to this System and who is reemployed as a General Employee after that Retirement and by virtue of that reemployment, is eligible to participate in this System, 6 shall upon being reemployed continue receipt of benefits. Upon reemployment, the Retiree 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 amount attributable to the subse uent 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 Reti ement shall be based upon the benefit accrual rate Average Final Compensation, and redited Service as of that date and the retirement benefit amount for any subsequent a iployment period shall be based upon the benefit accrual rate Average Final Com ensat on based only on the subsequent employment period and not including any period of DROP participation), and Credited Service as of the date of subsequent retirement The amount 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 subject to change upon subsequent retirement except as otherwise provided herein but the Member may select a different optional fo m and joint pensioner applicable to ther subsequent retirement benefit 3. Any Retiree who is retired under normal retirement pursuant to this System and who is reemployed by the City after that Retirement and, by virtue of that reemployment is ineligible to participate in this System, shall during the period of such reemployment, continue to receive retirement benefits previously earned. Former DROP participants shall begin receipt of benefits under these circumstances. early retirement 4. After.Eady Retirement. Any Retiree who is retired under pursuant to this System and who subsequently becomes an ern to ee 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 reaches 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 under this System. A Retiree who returns to work under the provisions of this Sections all not be eligible for membership in the System, and therefore shall not accumulate additional Credited Service for subsequent periods of employment described in this Siection, shall not be required 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 becomes eligible as 7 provided herein. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this Section if the Member was permitted to retire prior to the customary retirement date provided for in the System at the time of retirement. 5. Reemployment of Terminated Vested Persons. Reeml2loyed terminated vested persons shall not be subject 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 detennined by the date the elect to begin to receive their benefit. 6. DROP Participants. Members or retirees who are oi were in the Deferred Retirement Option Plan shall following termination of employment after DROP participation, have the options provided for in this section for reem to ment. SECTION 9: That the City of Okeechobee and Okeech bee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance 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 hewould 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 forthe 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. SECTION 10: That the City of Okeechobee and Okeech bee 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 the following definitions a I :" A. "DROP" -- The City of Okeechobee General Employees' Deferred Retirement Option Plan. B. "DROP Account" — The account established for each DROP participant under subsection 3. 8 2. Participation. A. Eligibility to Participate In lieu of terminating his employment as a General Employee, an Member who is eligible for normal retirement elect to defer recei t of such service retirement participate in the DROP. B. Election to Participate. A Member's election to participate in the DROP inder the System may pension and to must be made in writing in a time and manner determined by the effective on the first day of the first calendar month fifteen 15 business days after it is received by C. Period of Participation. A Member who elects to participate in the DROP Board and shall be which is at least the Board. under subsection 2.B., shall participate in the DROP fora period 60 months beginning at the time his electiol DROP first becomes effective. An election to Diarticipate 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 Participation. 1 A Member's participation in the DROP not to exceed si to participate in the in the DROP from the service of previous sentence. shall cease at the earlier of: a the end of his permissible period of participation in the DROP as determined under subsection b termination of his employment as 2.C.• or a General Employee. 2 Upon the Member's termination of parti i ation in the DROP pursuant to subsection a above all amounts subsection 3.B., including monthly ben earnings and losses or interest shall ce from the System to his DROP Acco remaining in his DROP Account shall accordance with the provisions of subsection terminates his employment as a General 9 provided for in afits and investment ise to be transferred nt. Any amounts be paid to him in 4. when he Employee. • • (3) A Memberwho terminates his particip� this subsection 2.D. shall not be perm participant in the DROP. E. Effect of DROP Participation on the Svstem. (1) A Member's Credited Service and his the Svstem shall be determined on t participate in the DROP fi shall not accrue any a additional benefits under benefits provided under Retirees in the System) w After a Member comme permitted to again contril eligible for disability or pre provided for in Section 25 No amounts shall be paid the Member is a participa specified in the System, DROP is terminated other as a General Employee n the System until he termir Employee. Unless otherw7 transferred from the Syste shall be paid directiv to the to r crued benefit under date his election to active. The Member ed Service or anv for any cost-of-livinq ad'ustment for hile he is a participant in the DROP. ices particip tion,he shall not be Me to the S stem nor shall he be retirement death benefits except as Reem to m nt After Retirement. to a Member from the System while nt in the DROP. Unless otherwise if a Member participation in the than by terminating his em to ment o amounts shall be paid to him from ates his employment as a General his employment as a General Ern 3. Funding. A. Establishment of DROP Account. A DROP Account shall be established foi transferred to the DROP under su interest on those amounts. B. Transfers From Retirement System. (1) As of the first day of each r participation in the DROP. th, 10 DROP Account e termination of consist of he M LJ would have received under the System employment as a General Employee monthly benefit payments thereunder his DROP Account, except as othe subsection 2.D.(2). A Member's perioc had he termin nd elected to for in in the DROP shall be determined in accordance with the provisionE of subsections 2.C. and 2.D. but in no event shall it continue past the date he terminates his emplDyment as a Genera Employee. Except as otherwise provided in subsection 2.D. 2 a Member's DROP Account under this SL bsection 3.15. shall be debited or credited after each fiscal ye ir quarter with either: a Interest at an effective rate of si and one-half percent 6.5%per annum corn ounde monthly on the prior month's ending balance; or b Earnings, 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 return" for the purpose of this paragraph is the total return of the assets in which the Member's DROP Account is invested by the Board net of brokerage commissionstransaction costs and management fees. Upon electing participation in the DR P the Member shall elect to receive either interest or eaminaL on his account to be determined as provided above. The Mdmber may. in elect to change his election only one durino his participation. An election to change must be made pric end of a quarter and shall be effective beginning the fc quarter. A Member's DROP Account shall only be credited or with earnings or interest and monthly benefits wt Member is a participant in the DROP. A Members final 11 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 quarter immediately p ceding termination of participation plus any monthly 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 employment after participating in the DROP for the permissible period of DROP participation, then beginning with the Member's 1 st month of employment following the last month of the permissible period of DROP partic pation, the Member's DROP Account will no longer be credited or debited with earnings or interest nor will monthly ber efits be transferred to the DROP account. All such non -transferred amounts shall be forfeited and continue to be forfeited Nhile the Member is employed by the City,and no cost -of -living adjustments shall be applied to the Member's credit during such period of continued employment. A Member employed by the City after the permissible period of DROP participation will be eligible for re -retirement death and disabilitv benefits, and will accrue additional Credited Service only as provided for in Section 25. 4. Distribution of DROP Accounts on Termination of Em to ment. A. Eligibility for Benefits. A Member shall receive the balance in his DROP Ammint in accordance with the provisions of this subsection termination of employment as a General Employee provided in subsection 4.0. no amounts shall a paid from the DROP prior to his termination of em I ment Employee. B. Form of Distribution. 1) Unless the Member elects otherwise, dis ribution of his DROP to a Member as a General Account shall be made in a lump sum subject to the direct rollover provisions set forth in subsection 4.G. A Member ma however, elect in such time and manner as the Board shall prescribe, that his DROP distribution be used to purchase a IN 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 form selected is not a qualified joint and fifty percent (50%) survivor annuity with the Member's 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 described in Section 401(a)(9)(G) of the Code and its applicable regulations. (2) If a Member dies before his benefit is paid, his DROP Account shall be paid to his Beneficiary in such optional form as his Beneficiary may select. If no Beneficiary designation is made, the DROP Account shall be distributed to the Member's estate. C. Date of Payment of Distribution. (1) Except as otherwise provided in this subsection 4., distribution of a Member's DROP Account shall be made as soon as administratively practicable following the Members termination of employment. (2) In lieu of a distribution as described in paragraph (1) above, a Member may, in accordance with such procedures as the Board shall prescribe, elect to have the distribution of his DROP Account made as of the first day of any month .coincident with or following his termination of employment as a General Employee; provided, however, payments shall be made before the distribution date elected bythe Memberto the extent necessary to comply with the provisions of subsections 4.D. and 4.F. D. Age Seventy and One -Half (70-1/2) Reguired Distribution. In no event shall the provisions of subsection 4. operate so as to allow the distribution of a Members DROP Account to be later than the April 1 following the later of the calendar year in which he terminates his employment as a General Employee or he attains age seventy and one-half (70-1/2). In the event a Member is required to receive payment while in service under the provisions of this subsection D., 13 he shall receive one lump sum payment on or before his required beginning date equal to his entire DROP Account balance and annual lump sum payments thereafter of amounts credited to his DROP Account during each calendar year. Upon the Members subsequent termination of employment payment of his DROP Account shall be made in accordance with the provisions of subsection 4.13. E Proof of Death and Right of Beneficiary or Other Person. The Board may require and rely upon such proof of death and such evidence of the right of any Beneficiary or other person to receive the value of a deceased Members DROP Account as the Board may deem proper and its determination of the right of that Beneficiary or other person to receive payment shall be conclusive. F. Distribution Limitation. Notwithstanding any other provision of subsection 4., all distributions from the DROP shall conform to the regulations issued under Section 401(a)(9) of the Code including the incidental death benefit provisions of Section 401(a)(9)(G) of the Code. Further, such regulations shall override any DROP provision that 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 elect to have any portion of an eligible rollover distribution paid in a direct rollover as otherwise provided under the System in Section 24. 5. Administration of DROP. A. Board Administers the DROP. The general administration of the DROP the responsibility for carrying out the provisions of the DROP and the responsibility of overseeing 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 14 of their number or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counsel, employ agents and provide for such clerical, accounting, actuarial and consulting services as they may require in carrying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as Trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion shall decide. A Trustee shall not vote on any question relating exclusively to himself. B. Individual Accounts, Records and Reports. The Board shall maintain records showing the operation and condition of the DROP. including records showinq 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 governmental agencies, as the case may be all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the Code and any other applicable laws. C. Establishment of Rules. Subiect to the limitations of the DROP, the Board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The Board shall have discretionary authority to construe and interpret the DROP (including but not limited to determination of an individual's eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant 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. 15 D. Limitation of Liability. (1) The Trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. (2) Neither the Board nor any Trustee of the Board shall be responsible for any reports furnished by any expert retained or employed by the Board but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The Board shall be fully protected with respect to any action 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 person 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 provided by law, no amendment shall make it possible for any part of 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 effect 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 minor, the Board shall direct that any benefit 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. 16 • C. Information. Each Member Beneficiary or other person entitled 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 Board may, no earlier than three (3) years 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 within 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 direct that such payment and all remaining payments otherwise due such person be canceled on the records of the System Upon such cancellation the System shall have no further liability therefor except that in the event such person or his Beneficiary later notifies the Board of his whereabouts and requests the payment or payments due to 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 ordesignations 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 for making notifications, elections or designations by Members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new 17 • 0 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 his address. Any notice required to be given to a Member or Retiree hereundershall be deemed given if directed to him at the last such address given to the Board and mailed by registered or certified United States mail. If any check mailed by registered 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 Account and neither the City nor the Board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by 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 rnntml_ H. Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the System. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. I. Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment 18 • standards and policies that are applicable to employees who are not DROP participants. SECTION 2: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. 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. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Passed on second and final reading this 5th day of April, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney bm\ok\genX02-17-05.ord 19 James E. Kirk, Mayor • GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. • Suite 200 • Ft. Lauderdale, FL 3 April 1, 2005 Ms. Marita M. Rice Director of Finance City of Okeechobee P.O. Box 835 Okeechobee, FL 34973-0835 Re: Actuarial Impact Statement for the General Employees Pension Dear Marita: Enclosed is the impact statement for the proposed ordinance, which The impact statement states that there is no cost associated addressed to Mr. Slavin at the Division of Retirement. You will have to add a copy of the Ordinance and a letter from the and will cover the additional cost, if any. Then sign the letter and send the package to Mr. Stavin at his address Please send us a copy of the signed Ordinance as soon as possible. please contact us. Sincerely, Theora P. Braccialarghe, FSA Sr. Consultant & Actuary Enclosures cc: Scott Christiansen 0 954-527-1516 9 FAX 954-525-OM Fund )tt Christiansen sent to us. this amendment and is stating that it recognizes shown on the letter). f you have any questions, Pg laf� • • GABRIE4 ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. • Suite 200 • FL Lauderdale, FL April 1, 2005 Mr. Charles Slavin, Actuary Bureau of Program Services Division of Retirement Cedars Executive Center, Bldg. C 2639 North Monroe Street Tallahassee, FL 32399-1560 Re: Actuarial Impact Statement for Ordinance No.887 Amend Pension Plan for General Employees Dear Mr. Slavin: Enclosed is a copy of the above -captioned Ordinance. This letter, with Statement of Actuarial Impact as issued by the plan administrator. The Ordinance amends the plan to incorporate (i) a 20% lump addressing Domestic Relations Orders, (iii) reemployment proviE Retirement Option Plan. The changes have no impact on the cost of 1 This cost determination was prepared and completed by me or under acknowledge responsibility for the results. To the best of my knowledc and accurate, and in my opinion, the techniques and assumptions use the requirements and intent of Part VII, Chapter 112, Florida Statu( expense to be provided by the plan and/or paid from the plan's as current cost have not been established or otherwise taken into accour All known events or trends which may require a material increase contribution rates have been taken into account in the cost determinatic ll Theora P. Braccialarghe, FSA, MAAA, FCA Date Senior Consultant and Actuary Enrolled Actuary #02-2826 For the Pension Board as Date Plan Administrator 0 954-527-1616 a FAX 954-525-0063 the City of Okeechobee constitutes the im option, (ii) language is, and (iv) a Deferred plan. y direct supervision, and I the results are complete are reasonable and meet . There is no benefit or =ts for which liabilities or in the cost determination. I plan costs or required A. A. '96- load- od, auto, CD her Interior r38. Ionline at iwarep.com/ ` or mailto: ews2alf.com ' 1TLASS SU- AT, runs rod 1763-5519 bird '88 needs Oft run $1000 3-5817 after 5 it JOR, Needs to or sold $1500 9-3489 18- stepside, uilt trans, driv- fore model, P)697-6433. )ZX 183 Looks ,w. Cherry red ter. T-Tops, I63-763.0069 iymouth, GTX, 70-'71 Cuda. wnet R/T, Chal- or Supper-Bee, 03-5440 John ;`-947-1567 it BE BLAZER '91 I Will trade for 1700. or best of- 3)763-0072. EEP CHEROKEE { in good shape or best offer 763-0072. NCO, '87- 4x4, y in good shape, needs work, 3)63 rl 4, Good cond. L& chgr. $1299 131697-1350 or 17 3-2063. It CBFIS, Or Electric J and Sell 63)824-0878 r. ilea 5 Diff Carrier w/ tears $150 FF PARTS, 373 or .s $100 or best of: :467-8856 g1WASAKI, brand ) hp, ffts John r Kawasaki Mule. 163)692-2229. °APO, 90- 4dr, dy, needs trans, &. vork, $200 nag. 6-0206. . J, '92- for parts, gine and Vans, 163)467.0561. TRES 13" chrome rims plain tops & 500 or best offer 63)697-1396 , ;w profile. 4 lug. H a Honda Civic. 45ZR16. $250. 3)532-8158. SWAMPER BOG- )39:5 x18x15) & or Ford, B lug $800 {4-4104. E. for Ford F250 navvyy blue, $350. 77-1407 rou kind a job In to - competitive mar - the employment of the classl- 3U4 N.W. 2nd Street, Okeechobee, Floridhf. th ugberpinnlYrd.np on Marsh 24e bebetOe en Me V".dtt any person deides to ppea any,:y1:CountyCo Sionere with respectraanyrea hearing, that person will need to ensure that a verbatim record of Be pro- ceadings Is made, which record Includes the testimony and evidence upon which the appeal Is based. John W. Apney Sr Chawnr . BOARD OF COUNTY COMMISSIONERS DKEECHOBEE COUNTY, FLORIDA Sharon Rother"on"" BOARD OF C UNfYC COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA 5§2330 ON 3/24105 The ordinmce Is rglaaMnp Street and May Closing Apploason No. 74 submmeedy loft Flrst spent Church. the rguert le te close the mean Tool 194, alnd poNa' of Sotuthwweo INest 5 Sm treetL Motsop Detw� SaMwed44elk and cC onlimi tSth o the pl�Oar el won d in Plant Book �94 CPof ape 5 Yilb Ik records of Okeechobee County, Florida. The proposad use of ft property as slated m the a kcaban lo forfuturs exprslw pi Church fa- ci , covered drive -up err canopy and parking. All members of the public are encouraged to attend and nticipie to said hearing. The prroopposed Ordinance may be Inspected In Ih edlrely pMy member pi the pubic In the Ohio of the City Clark during re husF miss hare, Mon -Fri, earn-4:30pm, except for holidays... . PLEASE TAKE NOTICE AND BE ADVISED that H am Jason dwikra to In accordance with me MrMcam whit Dlsaaay Am (ADA) ad Rod- da Statues 266.28, pe(sonor with pasafbs needing apecld eccommo- dauon I. padiclpj is praceedMp shold comas Lem Gmadee nothan tw(g days I _ mma raceadrW d 863-763-3372x215;ithearingp Nnpalrad, ceitTOU1-600-222e7446 (voice) as447-562LaneCITY CLENK 562900 ON 3124/05 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY OROINARCE p PLEASE TAKE NOTICE that the CKV Coump of me City d Okeschobse, *61 HEAR Nli I10 id on aWrid all, 5therea SE 3= A 50k�c r�p, R. consdiict aPUBLIC nonce into —;AID. EMI AN ORDINANCE OF fter courtlier Rod A CRY OF BEE FLORIOA AMEMOING TUE CRY DF OKEECHOBff COAL SIVE PLAN, ORDINANCE NO. 935 AS AMENDED BY THE FUTURE LAND USE MAP ON A CERTAIN 7M6T OF LANNNO MPAR- TICUURLY DESCRIBED HEREIN FROM EINBLE-FANCY 7D MILTh FAMILY PROYIDINO FOR INCLUSION OF ORDINANCE AND IiYlEEO FUTURe LAND USE MAP IN THE COMPREHENSIVE PUN; PROOM FOR AN EFFECTIVE DATE ' The ordinance Is rep0a5d-i0nYD3SmaN Scale fpmpDryehenelve Plan Future Land haste 19cp agent owrla I(M.I�A submitted fie e�prast rad,chaon Brie Future Land Use desyna0on ham Smote =a (SF N MUBFFemy IMF) for vacant properly located In the J00 block of NortlaM Mb lad Om Streets. LapW ddeescdptkn being Las 14 through 18 of Block 32 and Lots 7 throe h f9 of Bkkk 35, Chy a Okeechobee, Fli Book 5, PPaappee 5 Public Records, Okeechobee, County, Panda and lo apprednlaloM 3 acre(s). The proppoosed use of me property is fix development atrtWtl- family type dwegirgs. All members of the public are encouraged to skend arciparficitaft N said hearing. The proposed Ordinance may be Inspected In Its sin iely by members of Ue puhlic in the Office of me City Clerk dining rehear ones• ness hours, Fit, Bam-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that B any person dikes to appeal any decision made by the City Council wm to to any rrothr considered at this hearing, such kderested person wl need a record of the proceedings, and for such purpose may reed to man a vwbxdm record of the proceedings Is made, which word Inckdra the Nellmony and evidence upon which the apaaI Is to be based. City Class Wpm ore k m for me sole purpose of backup fooraomclai records of the Clark In accordance with the Amerims with Dct (ADA) snd Rod. athoparfatepetdims rratiftes Special �dmtgIn s proceeding contact Lam Gu lat1than eavImpaired, days tlloal(ax250 hearmyin ca1pc2�8 vo�) 188447.560 (T7y� Lane Gambtea, CMC, CRY CLERK 562925 ON 3/24/05 - COMSIOERA7 ��AOOPIINe .. " A CITY ORDINANCE AN members of the W& ere enearaped to alend end pbutlegMepInn of mere. dl'11 p In ea OB ore�r Cimly plorepl4rbubusf- mess hags. MM-FI. Brn-4:30pm. aupl for hdklrys. PLEASE TANS NOTICE AND BE ADVISED thM B NIT person draftee to capreMe 0 h AM1dip,bRiclh I� C Ncpwasse wN need i ryis orrdar at the proceedYps, and.for such popose may need to manna a vebadm word of go proaedrlP Is made, which record krcluda the NgNeny and evicts" upon whleh IM or lo N be based. City Clark lopes ere torn ore apN gorges a baclNy fa NOdsl wa4 of IM Clark In accordance with tle Anslors whit Dloebkitv Ad (ADA) and Rod- Or Cm CLERK IN TINT NREREET OF: CASE NO.2901.OPisE M.Ea. DOB 02-14-M Yvm of the TO. Feeler of M.E.B. Rustics Priest RraMence and Address Unknown YW ARE HEREBY NOTIFIED THAT A PETITION UNDER OATH HAS BEEN FILED BY THE DEPARTMENT. OF CHLDREN AND FAMILIES. W THE ABOVE STYLED COURT FOR THE MMATDN OF PARENTAL RIGHTS RELATIVE TO M.E.B., A FEMALE CHILD OWN ON THE 14TH DAY OF FEBRUARY 2004 THE CHILD WAS RAN M THE COMM OF ST. LU- OF FLORIDA. AND M�EAR E A AM OF THEECCIRRCCUIT CT. EDJ N ME DIIW SIGN IN THE ABOVE STYLES COURT LOCATED AT: EM M.M, 2N0 BTIMET 01[HppBEf, a ME72 AT 1:30 P.M. ON THE 28TH DAY OF APRL, 2oo6 FOR HEARING AND TO SHOW CAUSE WHY SAID PETITION SHOULD HOT BE GRANTED. FALURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING CON• STRUTES CONSENT TO THE TERMNIATDN OF PARENTAL ROOM OF THIS CHILD. N YOU FAIL TO APPEAR ON THE DATE AND TIME SPECI- FIED YW MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD FAN N THE PETITION ATTACHED TO THIS NOTICE. BE ADVISED THAT YOU HAVE THE RIGHT TO AN ATTORNEYM REPRE- SENT YOU IN THIS MATTER. F YOU CANNOT AFFORD AN ATTORNEY, ONE MAY BE APPOINTED FOR YOU. WITNESS MY HAND AS CLERK OFSAID COURT AND THE SEAL THERE- OF. THIS OTH DAY OF MARCH. 2005 KAMEN ARNOLD DEPUTY CLERK _ 559873 ON 03/10, 17. 24, 31I200B IMUM FOR ON VEI(pBgluell purpose al pecbmft 9 � ayo 011 1Mwfollowing N � for sN One Ton Replder CO truck WO u ft body • 140'v,Aiid base One Ton Rep her Cab back wfn rift body -160" wheel base - One Ton Repar Cab back wetCralenwNr body The Okeechobee Link AdhdrlAr old) we read seded BMs. for the li nnagp dpafdeWag isphMeN 6rwork dare Wrsxi wacerbsal. +/- 2700 BY 1+/v Thick Type 5-111 a phd . +/-1500 SY 9' Bev Count ' kIeNM one Pricing for each to MW aowety d work a meded 1 TM Oeernobas lftlay AdhaAly wls wed Sated DMa, tar SIN papas d pedleelnp a ilfkr FwrMsr r fabwk: One - 9D kW, 240 vat 3-phase Detiled specftat ms Ns arWbb 44amn request from the piece of ON ExecuWe Oftector, at 100 S.W. SetvowPhone Number M3.763- SM. Fat Number OW763-3746. The OUA rrwvra fit rid N n Yvda And to teal lt Mwlmn MsbMxkb::IwohtwemOW 1M SeiNd Bib ow be lMEvwad N this Executive D4ectdr's dace, W MMd r owaAaOee U�yAuViolyfllRce, 100 S.W. 51h Avenue. on or - DMoe 300 PM on Apil 5, 2006, unoon C, tadrwr, Jr. `; ,. .;, filedUINe DYacNr.. S43110 IN mii4 ,2L2ir'wA,E11106 Shop hen R►ett Find ItTaste►. SreN H monwr The classified ads. In We desaHNds. • GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries April 1, 2005 A#z%&vx -b Eichjoc+ 3 * sAgvd& 301 East Las Olas Blvd. • Suite 200 • Ft Lauderdale, FL. 33301-2254 . 954-527-1616 a FAX 954-525-0083 Ms. Marita M. Rice Director of Finance City of Okeechobee P.O. Box 835 Okeechobee, FL 34973-0835 Re: Actuarial Impact Statement for the Police Officers' Pension Fund Dear Marita: Enclosed is the impact statement for the proposed ordinance, which Scott Christiansen sent to us. The impact statement states that there is no cost associated with this amendment and is addressed to Mr. Slavin at the Division of Retirement, with an identical statement for Ms. Shoemaker at the State Treasurer's Office. To each one that you submit, you will have to add a copy of the signed Ordinance and a letter from the City stating that it recognizes and will cover the additional cost, if any. Then sign the letters and send the packages to Mr. Slavin at his address and to Ms. Shoemaker at her address (both addresses are shown on the letters). If you have any questions, please contact us. Sincerely, Theora P. Braccialarghe, FSA Enclosures CC'. Scott Christiansen GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. • Sulle 200 • Ft Lauderdale, FL 33301-2254 . 954-527-1610 • FAX 954.525.0083 April 1, 2005 Mr. Charles Stavin, Actuary Bureau of Program Services Division of Retirement Cedars Executive Center, Bldg. C 2639 North Monroe Street Tallahassee, FL 32399-1560 Re: Actuarial Impact Statement for Ordinance No. 888 amending the City of Okeechobee Pension Plan for Police Officers Dear Mr. Slavin: Enclosed is a copy of the above -captioned Ordinance. This letter, with enclosures, constitutes the Statement of Actuarial Impact as issued by the plan administrator. The Ordinance amends the plan to incorporate (i) a 20% lump sum option, (ii) language addressing Domestic Relations Orders, (ili) a Deferred Retirement Option Plan, and (iv) reemployment provisions. The changes have no impact on the cost of the plan. This cost determination was prepared and completed by me or under my direct supervision, and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII, Chapter 112, Florida Statues. There is no benefit or expense to be provided by the plan and/or paid from the plan's assets for which liabilities or current cost have not been established or otherwise taken into account in the cost determination. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the cost determination. Theora P. Braccialarghe, FSA, MAAA, FCA Date Senior Consultant and Actuary Enrolled Actuary #02-02826 For the Pension Board as Plan Administrator Date • ORDINANCE NO. 888 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 BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE - RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT; PROVIDING FOR A ROSTER OF RETIREES; 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; RETIREE DIRECTED PAYMENTS; EXEMPTION FROM EXECUTIONAND NON -ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR TRANSFERS WITHIN THE CITY; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR 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. • EXHIBIT 3 APRIL 5, 2005 WHEREAS, the City of Okeechobee Police Officers are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee and; WHEREAS, the City Council desires to clarify and restate the provisions of the Police Officers' Retirement Plan to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the current applicable provisions of Chapter 185, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majorityvote of the City Council; and properly executed bythe Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee Police Officers' Retirement System, adopted pursuant to Ordinance 749, as subsequently amended, is hereby amended and restated as set forth in the document designated CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, attached hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this 15th day of March, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Passed on second and final reading this 5th day of April, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney TABLE OF CONTENTS SECTION PAGE NUMBER 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 -ASSIGNABILITY 20. PENSION VALIDITY 21. FORFEITURE OF PENSION 22. CONVICTION AND FORFEITURE; FALSE, MISLEADING 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 1 4 4 6 10 11 13 14 21 22 24 25 25 25 25 28 29 30 33 33 34 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 atthe 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 underthe 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 administer and manage the System herein provided and serve as trustees of the Fund. City means City of Okeechobee, Florida. Code means the Internal Revenue Code of 1986, as amended from time to time. 1 Credited Service means the total number of years and fractional parts of years of service as a Police Officer with Member contributions when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Police Officer. A Member may voluntarily leave his Accumulated Contributions in the Fund for a period of five (5) years after leaving the employ of the Police Department pending the possibility of being reemployed as a. Police Officer, without losing credit for the time that he was a Member of the System. If a vested Member leaves the employ of the Police Department, his Accumulated Contributions will be returned only upon his written request. If a Member who is not vested is not reemployed as a Police Officer with the Police Department within five (5) years, his Accumulated Contributions shall be returned. Upon return of his a Members Accumulated Contributions, all of his rights and benefits under the 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 Petiee A€freer 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 for the purpose of geimg on setive eltity to perform training or service, shall be added to his years of Credited Service, for all purposes, including vesting, provided that: A. The Peliee E)f ieer Member must return to his employment as a Police Officer within one (1) year from the earlier of the 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 System. Member means an actively employed Police Officer who fulfills the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit 2 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. Police Officer means an actively employed full-time person, employed by the City, including his initial probationary employment period, who is certified as a Police Officer as a condition of employment in accordance with the provisions of §943,1395, Florida Statutes, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of the State of Florida. Retiree means a Member who has entered Retirement Status. 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, tax 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 ail 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. 741 • 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 Beneficiary. Each Police Officer shall complete a form prescribed 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 of this 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 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 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 shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four (4) Trustees appointed or elected as herein provided and shall serve a two (2) year term unless 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 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 after for each election. The Board shall meet at least quarterly each year. The Board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. 4 2. The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretary of the Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. 3. Each Trustee shall be entitled to one (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 Hght to 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, 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 include, but not necessarily be limited to, the following: A. To construe the provisions of the System and determine all questions arising thereunder. B. To determine all questions relating to eligibility and membership. C. To determine and certify the amount of all retirement allowances or other benefits hereunder. D. To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the System. E. To distribute to Members, at regular intervals, information concerning the System. F. To receive and process all applications for benefits. G. To authorize all payments whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the System and Fund. A H. To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. I. To perform such other duties as are required to prudently administer the System SECTION 4. FINANCES AND FUND MANAGEMENT. Establishment and Operation of Fund. 1. As part of the System, there exists the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System. 2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent but only upon written authorization from the Board. 3. All funds of the Municipal Police Officers' Pension Trust Fund may be deposited by the Board with the Finance Director of the City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the City. However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the Municipal Police Officers' Pension Trust Fund. In lieu thereof, the Board shall deposit the funds of the Municipal Police Officers' Pension Trust Fund in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities asset forth herein, the Board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discre- tion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. 4. All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and B. Receipts and disbursements, and 6 C. Benefit payments, and D. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the City, and E. All interest, dividends and gains (or losses) whatsoever, and F. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. 5. An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the System showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Okeechobee City Council to amend or terminate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest separately any portion of the Fund. B. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Annuity and life insurance contracts with life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund or a savings/building and 7 C loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States orby 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 paragraph (b), all individually held securities and all securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. (b) Up to ten percent (10%) of the assets of the Fund may be invested in foreign securities. (c) The Board shall not invest more than five percent (5%) of its assets in the common stock, capital stock or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5%) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock and convertible securities at cost exceed sixty percent (60%) of the assets of the Fund. (6) Real estate, provided the Board shall not invest more than ten percent (10%) at cost in real property or real estate. At least once every three (3) years, and more often as determined by the Board, the Board shall retain a professionally qualified independent consultant, as defined in Section 185.06, Florida Statutes, to evaluate the performance of all current investment 8 managers and make recommendations regarding the retention of all such investment managers. These recommendations shall be considered by the Board at its next regularly scheduled meeting. D. The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. E. Neither the Board nor any Trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. F. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. G. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, 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; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. H. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. I. Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this 9 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 iL J. Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner. K. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits provided for herein. L. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. M. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. 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 Membershall 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 pursuant 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 Member contributions. B. Method. Such contributions shall be made by payroll deduction. 2, State Contributions. Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of funding and paying for retirement benefits for Police Officers of the City shall be deposited in the Fund comprising part of this System immediately and under no circumstances more than five (5) days after receipt by the City. 3. City Contributions. So long as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the difference in each year, between the total aggregate Member contributions for the year, plus state contributions for such year, and the total cost for the year, as shown by the most recent actuarial valuation of the System. The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability 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 Members 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 the Members 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 retirement date and prior to the normal retirement date. 4. Early Retirement Benefit. A Member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: A. A deferred monthly retirement benefitwhich 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 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 Adjustment. 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 date, shall be increased by one-half of one percent (.5%). This benefit shall apply to all current and future eligible Retirees (or their Beneficiary or joint annuitants). SECTION 7. DEATH BENEFITS. Prior to Vesting or Eligibility for Retirement. The Beneficiary of a deceased Member who was not receiving monthly benefit payments, or who was not yet vested or eligible for early or normal Retirement shall receive a refund of one hundred percent (100%) of the Member's Accumulated 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 ($5,000), the Beneficiary may elect payment under any of the optional forms available for retirement benefits or a lump sum payment. If a Member is eligible for early or normal retirement, but remains in employment and dies while so employed, the death benefit shall be determined as follows: It shall be assumed that such deceased Member had retired immediately preceding his date of death and elected the Ten Year Certain and Life Thereafter option. However, the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit, if larger than the Ten Year Certain and Life Thereafter Option, described earlier in this Section. Notwithstanding the previous paragraphs of this subsection 2, in the event a Member or terminated vested person, with ten (10) or more years of Credited Service, dies priorto Retirement or priorto receipt of benefits, his Beneficiary shall be entitled to the 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 underthis subsection. 13 • SECTION 8. DISABILITY. 1. Disability Benefits In -Line -of Duty. 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, which disability was directly caused by the performance of his duty as a Police Officer, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension 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 Member shall be forty-two percent (42%) of the Average Final Compensation of the Member. Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 2. In -Line of Duty Presumptions. A. Presumption. Any condition or impairment of health of a Member caused by hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by com- petent evidence, provided that such Member shall have successfully passed a physical examination upon entering into such service, including cardiogram, which examination failed to reveal any evidence of such condition; and provided 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 body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-bome pathogens, as established by the Centers for Disease Control, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term "bodyfluids" includes respiratory, 14 salivary, and sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. (b) "Emergency rescue or public safety Member" means any Member employed full time by the City as a firefighter, paramedic, emergency medical technician, law enforcement officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety Member" does not include any person employed by a public hospital licensed under Chapter 395, Florida Statutes, or any person employed by a subsidiary thereof. (c) "Hepatitis" means hepatitis A, hepatitis B, hepatitis non - A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. (d) "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this subsection, in performing the basic duties associated with his employment: i. Provides emergency medical treatment in a non - health -care setting where there is a potential for transfer of body fluids between persons; 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, apprehension, and arrest of law violators or suspected law violators and, in 15 performing such duties, may be exposed to body fluids; or iv. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. (a) "Occupational exposure," in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. (2) Presumption. Any emergency rescue or public safety Member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the Membermust, bywritten affidavitas provided in Section 92.50, Florida Statutes, verify by written declaration that, to the best of his knowledge and belief: (a) In the case of a medical condition caused by or derived from hepatitis, he has not: i. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his employment; ii. Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his present employment, or received any blood products for the treatment of a coagulation disor- der since last undergoing medical tests for 16 hepatitis, which tests failed to indicate the presence of hepatitis; ii. Engaged in unsafe sexual practices or other high -risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high -risk behavior, or iv. Used intravenous drugs not prescribed by a physician. (b) In the case of meningococcal meningitis, in the ten 101 days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. (c) In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test, he has not been exposed, outside the scope of his employment, to any person known by him to have tuberculosis. (3) immunization. Whenever any standard, medically recognized vaccine or 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 in writing that the immunization or other prophylaxis would pose a significant risk to the Member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety 17 Member to undergo such immunization or prophylaxis disqualifies the Member from the benefits of the presumption. (4) Record of Exposures. The City shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety Member in its employ to the disease described in this Section and shall immediately notify the Member of such exposure. An emergency rescue or public safety Member shall file an incident or accident report with the City of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis. (5) Required medical tests; 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) years or more 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 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) 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 4B. In any event, the minimum amount paid to the Member shall be twenty-five 18 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 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 committing a crime. C. Injury or disease sustained while serving in any branch of the Armed Forces. D. Injury or disease sustained by the Member after his employment as a Police Officer with the City Okeechobee shall have terminated. E. Injury or disease sustained by the Member while working for anyone other than the City and arising out of such employment. 5. Physical Examination Requirement. A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be required by the Board to submit swom statements of his condition accompanied by a physician's statement (provided at the Retiree's expense) to the Board annually and may be required by the Board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Police Officer, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Police Officer, and the Retiree so returned shall enjoy the same rights that Member had at the time he was placed upon pension. In the eventthe Retiree so ordered to return shall refuse to complywith the orderwithin thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be bome by the Fund. All other 19 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, artd but the period beginning with the first month for which Member received a disability retirement income the service of the Gity as a Police Office, within thirty (36) days from the date the Board he is unable to render useftfl amd efficiemt serviee as a Pe"ee Offleei, the Retiree's future benefits shall be determined as though he initiallytenninated employment an the date the Bonrd detem-n6ned that he was perrmanemfly and totally disabled to the extent that he was payment and ending with the date he reentered the service of the City will not be considered as Credited Service for the purposes of the System. The Board shall have the power and authority to make the final decisions regarding all disability claims. 6. Disability Payments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board determines such entitlement. However, the monthly retirement income shall be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability priorto his normal retirement date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later. Provided, however, the disability Retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in Section 10, subsection I.A. or 1.B., which shall be the Actuarial Equivalent of the normal form of benefit. 7. Benefit Offsets. r 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 20 monthly benefits received from both exceed one hundred percent (100%J of the Member's average monthly wage, as defined in Chapter 440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly amount received by the Retiree does not exceed one hundred percent (100%J of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump sum amount by 83.9692. 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 Credited 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 Member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the Member's Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him commencing at the Members 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. Syste 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 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%), seventy-five percent (75%), sixty-six and two-thirds percent (66 2/3%) or fifty percent (50%) of such monthly amount payable to a joint pensioner for his lifetime. The present value of payments to the Retiree shall not be less than fifty percent (50%) of the total present value of payments to the Retiree and his joint pensioner. B. A retirement income of a modified monthly amount payable to the Retiree for his lifetime only. C. If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of Retirement. The amounts payable shall be as recommended by the actuaries for the System, based upon the social security law in effect at the time of the Member's Retirement. This option may be combined with other optional forms of benefit. D. For anv Member who does not participate in the DROP pursuant to Section 28 a lump sum payment payable to the Retiree equal to twenty percent (20%) of the present value of the Retiree's accrued benefit at the date of retirement with the remaining eighty percent (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 the Deferred Retirement Option Plan shall not be eligible to select this partial lump sum option. 2. The Member, upon electing any option of this Section, will designate the joint pensioner (subsection 1.A. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of Members death, and 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 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 Members or Retiree's joint pensioner or Beneficiary to any such change shall not be required. The rights of all previously -designated Beneficiaries to receive benefits under the System shall thereupon cease. 4. Upon change of a Retiree's 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 the Actuarial Equivalent of the Menibers present value of the Retiree's then -current benefit 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 of the Retiree subsequent to his Retirement shall be paid as provided in Section 11. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: A. If a Member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 7. B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the Members Retirement underthe System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Member upon his Retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary is designated by the Member prior to his Retirement. 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 pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a Beneficiary (or Beneficiaries) designated by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his death occurred. 6. A Police Officer Retiree may not change his retirement option after the date of cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the 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, binding 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) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such Member or Retiree by signing and filing with the Board a new 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) named by a deceased Member or Retiree predeceases the Member or Retiree, the death benefit, if any, which 24 may be payable under the System with respect to such deceased Member or Retiree, shall be paid to the estate of the Member or Retiree and the Board, in its discretion, 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 Section shall operate as a complete discharge of all obligations under the System with regard to the deceased Member and any other persons with rights under the System and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder. SECTION 12. CLAIMS PROCEDURES. 1. The Board shall establish administrative claims procedures to be utilized in processing written requests (,claims"), on matters which affect the substantial rights of any person ("Claimant"), including Members, Retirees, Beneficiaries, or any person affected by a decision of the Board. to subpoena and require the attendance of 2. The Board shall have the power witnesses and the production of documents for discovery prior to and at any proceedings provided for in the Board's claims procedures. The Claimant may request in writing the issuance of subpoenas by the Board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. SECTION 13. REPORTS TO DIVISION OF RETIREMENT. Each year and no later than March 15th, the Board shall file an Annual Report with the Division of Retirement containing the documents and information required by Section 185.221, Florida Statutes. SECTION 14. ROSTER OF RETIREES. The Secretary of the Board shall keep a record of all persons enjoying a pension under the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shall Members in such a keep a record of all 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 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). 25 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 Memberwho 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 Umitations. A. In the eventthe 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 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 pre -retirement death benefits paid pursuant to Section 7. D. In the event the Members retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limitation set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning 26 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 any 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 or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made firstwith respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. 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) of the Code. 27 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 Average Final Compensa- tion. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from a different employers 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 afterthe Effective Date of this ordinance, shall satisfy the following conditions: 1. If the retirement income is payable before the Member's death, A. It shall either be distributed or commence to the Member not later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (70-1/2), or the calendar year in which Member retires, B. The distribution shall commence not later than the calendar year defined above; and a), shall be paid over the life of the Member or over the lifetimes of the Member and Spouse, issue or dependent, or b), shall be paid over the period extending not beyond the life expect- ancy of the Member and Spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the Member dies before his entire interest in the System has been distributed, the remaining portion of such interest in the System shall be distributed no less rapidly than under the form of distribution in effect at the time of the Member's death. 28 2. If the Members 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 Members death, unless it is to be distributed in accordance with the following rules: A. The Members remaining interest in the System is payable to his Spouse, issue or dependent; B. The remaining interest is to be distributed over the life of the Spouse, issue or dependent or over a period not extending beyond the life expectancy of the Spouse, issue or dependent; and C. Such distribution begins within one (1) year of the Members death unless the Members Spouse shall receive the remaining interest in which case the distribution need not begin before the date on which the Member would have attained age seventy and one-half (70-1/2) and if the Spouse dies before the distribution to the Spouse begins, this Section shall be applied as if the Spouse were the Member. SECTION 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 Retirees and Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. 2. No Reduction of Accrued Benefits. No amendment or ordinance shall be adopted by the City Council of the City of Okeechobee which shall have the effect of reducing the then vested accrued benefits of Members or a Members Beneficiaries. 3. Qualification of System. It is intended that the System will constitute a qualified public pension plan under the applicable provisions of the Code, as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain the System as a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. 29 4. Use of Forfeitures. Forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions. 5. Compliance with Chapter 185, Florida Statutes. It is intended that the System will continue to qualify forfunding under Section 185.08, Florida Statutes. Accordingly, unless otherwise required by law, any provision of the System which violates the requirements of Chapter 185, Florida Statutes, as amended from time to time, shall be superseded by and administered in accordance with the requirements of such chapter. SECTION 18. REPEAL OR TERMINATION OF SYSTEM. 1. This ordinance establishing the System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified, terminated, 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, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the Member or Beneficiary shall not be affected thereby, except to the extent that the assets of the Fund may be determined to be inadequate. 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer, merger or consolidation of government units, services or functions as provided in 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. In 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 equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. 3. The following shall be the order of priority for purposes of allocating the assets of the System as of the date of repeal of this ordinance, or if contributions to the System are discontinued with the date of such discontinuation being determined by the Board. A. Apportionment shall first be made in respect of each Retiree receiving a retirement or disability benefit hereunder on such date, each person receiving a benefit on such date on account of a retired or disabled (but since deceased) Member, and each Member who has, by such date, become eligible for normal retirement but has not yet retired, an amount which is the Actuarial Equivalent of such benefit, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. B. If there be any asset value remaining after the apportionment under paragraph A, apportionment shall next be made in respect of each Member in the service of the City on such date who is vested and who is not entitled to an apportionment under paragraph A, in the amount required to provide the Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), based on the Credited Service and Average Final Compensation as of such date, and each vested former Member then entitled to a deferred benefit who has not, by such date, begun receiving benefit payments, in the amount required to provide said Actuarial Equivalent of the vested portion of the accrued normal 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 latter amounts shall be propor- tionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. C. If there be any asset value afterthe apportionments under paragraphs A and B, apportionment shall be made in respect of each Member in the service of the City on such date who is not entitled to an apportionment under paragraphs A and B in the amount equal to Members Accumulated 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. D. If there be any asset value remaining after the apportionments under paragraphs A, B, and C, apportionment shall lastly be made in respect of each Member included in paragraph C above to the extent 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 asset value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. E. In the event that there be asset value remaining after the full apportionment specified in paragraphs A, B, C, and D, such excess shall be returned to the City, less return of the State's contributions to the State, provided that, if the excess is less than the total contributions made by the City and the State to the date of termination such excess shall be divided proportionately to the total contributions made by the City and the State. The allocation of the Fund provided for in this subsection may, as decided by the Board, be carried out through the purchase of insurance company contracts to provide the benefits determined in accordance with this 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 Member's normal retirement date would exceed one thousand five hundred dollars ($1,500), shall not exceed the greater of either a) twenty thousand dollars ($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 service by the number of years of service since the effective date. In the event that it shall hereafter be deter- mined by statute, court decision, ruling by the Commissioner of Internal Revenue, or otherwise, that the provisions of this paragraph are not then necessary to qualify the System under the Code, this paragraph shall be ineffective without the necessity of further amendment of this ordinance. 32 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. A. Prior to the entry of any domestic relations order which affects or purports to affect the System's responsibility in connection with the payment of benefits of a Retiree the Member or Retiree shall submit the proposed order to the Board for review to determine whether the 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 that it may not legally take and the System expends administrative or legal fees in resolving the matter, the Member or Retiree who submits such an order will be required to reimburse the System for its 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 System to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the City, to pay the certified bargaining agent 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 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 reason. The Board is empowered to purge the pension rolls or correct the pension amount of any person 33 heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the Board. SECTION 21. FORFEITURE OF PENSION. 1. Any Member who is convicted of the following offenses committed prior to Retirement, orwhose employmentis terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this System, except for the return of his Accumulated Contributions, but without interest, as of the date of termination. Specified offenses are as follows: A. The committing, aiding or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee fmm employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes. E. The committing of an impeachable offense. F. The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position. 2. Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a polo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. 3. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged 34 commission of a specified offense. Prior to forfeiture, the Board shall hold a hearing on which notice shall be given to the Member whose benefits are being considered for forfeiture. Said Member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Member shall be afforded a full opportunity to present his case against forfeiture. 4. Any Member who has received benefits from the System in excess of his Accumulated Contributions after Member's rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in excess of his Accumulated Contributions, but without interest. The Board may implement all legal action necessary to recover such funds. 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 misdemeanor 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 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 City shall indemnify, defend and hold harmless members of the Board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumst ances 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. 35 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 thejudgment or claim, from any liability, nor does this Section waive any provision of law affording the City immunity from any suit in whole or part, or waive any other substantive or procedural rights the City may have. 3. This Section shall not apply nor shall the City be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the Board which constitute felonies or gross malfeasance or gross misfeasance in office. SECTION 24. TRANSFERS WITHIN THE CITY. If a member of any of the City's three (3) retirement systems transfers to either of the other two (2) systems, he must choose one (1) of the following procedures with regard to Credited Service accrued to date of transfer. 1. The Member may take a refund of his Accumulated Contributions, in which event no pension benefit shall be payable based on Credited Service attributable to the period covered. 2. The member may leave his Accumulated Contributions in the fund, in which event his Credited Service with both systems shall be combined for purposes of determining eligibility for benefits and for vesting. When the member is eligible to receive a benefit, he shall receive benefits from both systems, which shall consist of accrued benefits under each system based on the provisions of the respective system and the earnings and Credited Service under that system. SECTION 25. MILITARY SERVICE PRIOR TO EMPLOYMENT. The years or fractional parts of years that a Police Officer serves or has served on active duty in the active military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City Police Department shall be added to his years of Credited Service provided that: The Member contributes to the Fund the sum that he would have contributed, 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. CAI: 2. Multiple requests to purchase Credited Service pursuantto this Section may be made at any time prior to Retirement. 3. Payment by the Member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section shall be four (4) years. 5. Credited Service purchased pursuant to this Section shall not count toward vesting or eligibility for not -in -line of duty disability benefits. SECTION 26. DIRECT C TRANSFERS OF ELIGIBLE ROLLOVER DI 1. Rollover Distributions. A. General. This Section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the purr System to the contrary thatwould otherwise limit a distdbutee'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 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 section 401(a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this plan, an annuity contract described in section 403(b) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. This definition shall efse apply in the case of an eligible rollover 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 or 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 described in section 401(a) 38 or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code orfrom 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 legally permissible Member requested transfers of funds from other retirement or pension plans. 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 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 member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. Multiple requests to purchase Credited Service pursuant to this Section may be made at any time prior to Retirement. 3. Payment by the Member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section for service other than with the City of Okeechobee shall be five (5) years of Credited Service and shall count for all purposes, except vesting and eligibility for not -in -line of duty disability benefits. There shall be no 39 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 state law enforcement department, if such prior service forms or will form the basis of a retirement benefit or pension from another a different employers retirement system or plan as set forth in Section 15, subsection 8.6. SECTION 28. DEFERRED RETIREMENT OPTION PLAN. 1. Definitions. As used in this Section 28, the following definitions apply:" A. "DROP" — The City of Okeechobee Police Officers' Deferred Retirement Option Plan. B. "DROP Account" — The account established for each DROP participant under subsection 3. 2. Participation. A. Eli ibili to Participate. In lieu of terminating his employment as a Police Officer, any Member who is eligible for normal retirement under the System may elect to defer receipt of such service retirement pension and to participate in the DROP. B. Election to Participate. A Member's election to participate in the DROP must be made in writing in a time and manner determined by the Board and shall be effective on the first day of the first calendar month which is at least fifteen (15) business days after it is received by the Board. C. Period of Partici ation. A Member who elects to participate in the DROP under subsection 2.B., shall participate in the DROP for a period not to exceed sixty (60) months beginning at the time his election to participate in the DROP first becomes effective. An election to participate in the DROP shall constitute an irrevocable election to resign from the service of the City not later than the date provided for in the previous sentence. A Member may participate only once. 40 D. Termination of Participation. 1 A Members participation in the DROP shall cease at the earlier of: a the end of his permissible period of participation in the DROP as determined under subsection 2.C.; or b termination of his employment as a Police Officer. 2 Upon the Member's termination of participation in the DROP ursuant to subsection (a) above all amounts provided for in subsection 3.B. including monthly benefits and investment earnings and losses or interest shall cease to be transferred from the System to his DROP Account. Any amounts remaining in his DROP Account shall be paid to him in accordance with the provisions of subsection 4. when he terminates his employment as a Police Officer. 3 A Member who terminates his participation in the DROP under this subsection 2 D shall not be permitted to again become a participant in the DROP. E. Effect of DROP Participation 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 any additional benefits underthe System (exceptfor any additional benefits provided under any cost-of-livino adjustment for Retirees in the System) while he is a participant in the DROP. After a Member commences Participation, he shall not be permitted to again contribute to the System nor shall he be eligible for disability or pre retirement death benefits except as provided for in Section 29 Reemployment After Retirement. 2 No amounts shall be paid to a Member from the System while the Member is a participant in the DROP. Unless otherwise specified in the System if a Member's participation in the DROP is terminated otherthan byterminating his employment as a Police Officer, no amounts shall be paid to him from the System until he terminates his employment as a Police Officer. 41 Unless otherwise specified in the System, amounts transferred from the System to the Members DROP Account shall be paid directly to the Member only on the termination of his employment as a Police Officer. 3. Funding. A. Establishment of DROP Account. A DROP Account shall be established for each Member participating in the DROP. A Members DROP Account shall consist of amounts transferred to the DROP under subsection 3.6., and earnings or interest on those amounts. B. Transfers From Retirement S tern. (1) As of the first day of each month of a Members period 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 elected to receive monthly benefit payments thereundershall be transferred to his DROP Account, except as otherwise provided for in subsection 2.D.(2). A Members period of participation in the DROP shall be determined in accordance with the provisions of subsections 2.C. and 2.D., but in no event shall it continue past the date he terminates his employment as a Police Officer. (2) Except as otherwise provided in subsection 2.D.(2) a Members DROP Account under this subsection 3.13. shall be debited or credited after each fiscal year quarter with either: (a) 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 (b) Earnings, determined as follows: The average daily balance in a Members 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 return" for the purpose of this paragraph is the total return of the assets in which the Members DROP Account is invested by the Board 42 net of brokerage commissions transaction costs and management fees. Upon electing participation in the DROP the Member shall elect to receive either interest or earnings on his account to be determined as provided above The Member may, in writing, elect to change his election only once during his DROP anticipation An election to change must be made prior to the end of a quarter and shall be effective beginning the followin quarter. 3 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 be the value of the account at the end of the uarter immediately precedingtermination of participation plus any monthly 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 ern io mentafter participating in the DROP fort he permissible period of DROP participation then beginning with the Member's 1 st month of employment following the last month of the permissible period of DROP participation, the Member's DROP Account will no longer be credited or debited with 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 Police Department and no cost -of -living ad ustments shall be applied to the Member's credit during such period of continued employment. e Member employed by the Police Department after the permlsskle eriod of DROP participation will be eligible for re -retirement death and disability benefits and will accrue additional Credited Service only as rovided for in Section 29. 43 4. Distribution of DROP Accounts on Termination of Employment. A. Eli ibili 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 employment as a Police Officer. B. Form of Distribution. (1) Unless the Member elects otherwise, distribution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection 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 this paragraph shall be in writing and shall be made in such time or manner as the Board shall determine. If the annuity form selected is not a qualified joint and fifty percent (50%) survivor annuity with the Member's 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 described in Section 401(a)(9)(G) of the Code and its applicable regulations. (2) If a Member dies before his benefit is paid, his DROP Account shall be paid to his Beneficiary in such optional form as his Beneficiary may select. If no Beneficiary designation is made, the DROP Account shall be distributed to the Member's estate. C. Date of Payment of Distribution. (1) Except as otherwise provided in this subsection 4., distribution of a Member's DROP Account shall. be made as soon as administratively practicable following the Member's termination of employment. (2) In lieu of a distribution as described in paragraph (1) above, a Member may, in accordance with such procedures as the Board shall prescribe, elect to have the distribution of his DROP Account made as of the first day of any month 44 coincident with or following his termination of employment as a Police Officer; provided however, payments shall be made before the distribution date elected by the Member to the extent necessary to comply with the provisions of subsections 4.D. and 4.F. D Age Seventy and One -Half (70-1/2) Required Distribution. In no event shall the provisions of subsection 4. operate 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 Police Officer or he attains age seventy and one-half (70 1/2) In the event a Member is required to receive payment while in service under the provisions of this subsection D., he shall receive one lump sum payment on or before his required beginning date equal to his entire DROP Account balance and annual lump sum payments thereafter of amounts credited to his DROP Account during each calendar year. Upon the Member's subsequent termination of employment payment of his DROP Account shall be made in accordance with the provisions of subsection 4.13. E. Proof of Death and Right of Beneficiary or Other Person. The Board may require and rely upon such proof of death and such evidence of the right of any Beneficiary or other person to receive the value of a deceased Member's DROP Account as the Board ma deem proper and its determination of the right of that Beneficiary or other person to receive payment shall be conclusive. F. Distribution Limitation. Notwithstanding any other provision of subsection 4., all distributions from the DROP shall conform to the regulations issued under Section 401 a 9 of the Code including the incidental death benefit provisions of Section 401(a)(9)(G) of the Code. Further, such regulations shall override any DROP provision that 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 elect to have any portion of an eligible rollover 45 distribution paid in a direct rollover as otherwise provided under the System in Section 26. 5. Administration of DROP. A. Board Administers the DROP. The general administration of the DROP the responsibility for carrying out the provisions of the DROP and the responsibility of overseeing 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 deliver any instrument or make any payment on their behalf; may retain counsel employ agents and provide for such clerical, accounting actuarial and consulting services as they may require in carrying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP other than those granted to them as Trustee under any trust agreement adopted for use in implementing the DROP as they, in their sole discretion, shall decide. A Trustee shall not vote on any question relating exclusively to himself. B. Individual Accounts. Records and Reports. The Board shaft maintain records showing the operation and condition of the DROP, including records showing the individual balances in each Members 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 governmental agencies as the case may be, all necessary descriptions, reports, information returns and data required to be distributed or filed for the DROP pursuant to the Code and any other applicable laws. C. Establishment of Rules. Subiect to the Imitations of the DROP the Board from time to time shall establish rules for the administration of the DROP and the 46 transaction of its business The Board shall have discretiona authorityto construe and interpretthe DROP (including but not limited to determination of an individual's eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the Board as to the interpretation of the DROP or its determination of any disputed guestions shall be conclusive and final to the extent permitted by applicable law._ D. Limitation of Liability. (1) The Trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. 2 Neither the Board nor any Trustee of the Board shall be responsible for any reports furnished by any 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 actua and on all opinions of counsel. The Board shall be fully protected with respect to any action 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 person with any interest in the a DROP• g. 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 appro riate to amend in whole or in part any or all of the provisions of the DROP However except as otherwise provided by law, no amendment shall make it possible for any part of the DROP's funds to be used for or diverted to u oses other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP Account of any Member. 47 _.. - .:.-..._. - 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 minor, the Board shall direct that any benefit 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 entitled 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 Board may, no earlier than three (3) years 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 within 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, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the System. Upon such cancellation, the System shall have no further liability therefor except that, in the event such person or his Beneficiary later notifies the Board of his whereabouts and requests the payment or payments due to 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) Anyelections, notifications ordesignations 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 for making notifications, 48 elections or designations by Members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrativeprocedures, 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 his 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 given to the Board and mailed by registered or certified United States mail. If any check mailed by registered 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 Account and neither the City nor the Board shall have any duty or liability to furnish the DROP with any funds securities or other assets except to the extent required by any applicable law. G. Construct 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. Nothin in this Section shall be construed to remove DROP participants from the application of any forfeiture Provisions applicable EM ' • • to the System DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. I. Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. SECTION 29. REEMPLOYMENT AFTER RETIREMENT. 1. Any retiree under this system, except for disability retirement as previously provided for, may be reemployed by any public or private employer, except the City, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this System. Reemployment 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 Police Officer and by 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 second benefit amount attributable to the subsequent em*yment 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 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 any subsequent employment period 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 (and early retirement reduction factor, if applicable) as of the date of subsequent retirement. The amount of any death or disability benefit received during a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for 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 retirement 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 3 Any Retiree who is retired under normal retirement pursuant to this System who is reem to ed buY the Cityin a position other than as a Police Officer, shall upon being reemployed continue receipt of benefits for the period of any subsequent employment period. Former DROP participants shall begin receipt of benefits under these circumstances. 4. After Early Retirement. Any Retiree who is retired under earl retirement pursuant to this System and who subsequently becomes an employee of the City in any capacity,shall discontinue receipt of benefits from the System. If the reemployed person, by virtue of his reemployment, is eligible to participate in this System, 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 eligible for normal retirement under this system had he continued employment and not elected earl retirement. "Normal section shall be the current normal retirement date Provided retirement" as used in this sub for under this system R em I ment of T rminated Ve ted Pe ons. Reemployed terminated 5. vested persons shall not be subject to the provisions of this section until such time as they 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. i ants. Members or retirees who are or were in the Deferred g. DROP Partic Retirement Option Plan shall following termination of employment after DROP participation have the options provided for in this section for reemployment. bmbk\poR02.17-05.ord 51 • 11 I � Puh'ic Notice 5005 Public NoticL 5005Public Notice 5005 PUBLIC NOTICE. CONSIDERATION OF ADOPTING PUBLIC NOTICE A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee; Florida will on Tuesday, April 5, 2005 6:00 thereafter CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE at p.m. or as soon possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL conduct a PUBLIC HEARING on and thereafter consider final reading of the following O�rdl•• that the CM Council of the City of Okeechobee, Florida will on Tuesdayy April 5 2 at 6:00 p.m. or as soon thereafter City Hal, 515 SE 3rd Ave,.Okeechobee, R- i I r ' nance into law: NO.889. AN ORDINANCE OF THE CITY OF OKEECNO•. BEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIOHT possible at conduct a PUBLIC HEARING on and thereafter consider final reading of the f Ordi- 0 0� I ,1 l - nance Into law: N0. BB1. AN ORDINAWA OF THE CRY r ERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE NO.750, AS SUBSEQUENTLY AMENDED- PROVIDING FOR BEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COW..FWIDI- I I �' DEFINITIONS• PRO- VIDING FOR MEMBERSHIP; PROVIDING FOR A BOARD OF TRUITEEt SIVE PLAN, ORDINANCE L NO. tla5 AS AMENDED BY REVISING THE FUTURE LAND USE MAP ON'A CERTAIN TRACT O* LAND MORE PAR- i PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDIR TICULARLY DESCI IBED HEREIN FROM SIMILE -FAMILY TO MULTi - G FOR CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELI- ` GIBILITY; PROVIDING FOR PRE -RETIREMENT DEATH BENEFITS; PRO- . FAMILY; PROVIDING FOR INCu CPIORDINANCE AIK) REVISED FUTURE LAND USE MAP IN THE ENS K PLAN; PROVIDING i VIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANE- . FOR AN EFFECTIVE DATE.' OUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR DOMESTIC RELATIONS ORDERS; RE- TIREE DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION AND The ordinance is regarding Small Scale Comprehensive Plan Future Land Use Appiicadon No. 05.004-SSA submitted by Paul F. Okonskl, agerit, on ' . r , llON-ASSIGNABILITY; -PROVIDING FOR PENSION VALIDITY' PROVID- ING FOR FORFEITURE OF PENSION CERTAIN CIRCWSTANC- behal at the property owner Franc Akobelo Trustee. The uest is to UNDER . ES; PROVIDINQ "FOR CONVICTION AND FORFEITURE, FALSE, MIST LEADING OR FRAUDULENT STATEMENTS, PROVIDING FOR INDEMNI•; Chan the, Futbra Land Use d�natlon from Ski Fun? (S to MuN& Familyy ((MF) for unplatted v orbit �rapeAy. LsO I e on the East y FICATION AND DEFENSE OF CLAIMS; PROVIDING FOR TRANSFERS 9.l1 acres ykrg North of Sarvven Mh 5troet�oulh of Park I . t WITHIIt THE CITY; PROVIDING FOR PURCHASE OF CREDIT FOR MILT- west Street In Section 21, Township 37 South, Ripe 35 East, 'Okeechobee County, Florida being described as fo?owa: Bhing at the ° TARP SERVICE PRIOR TO EMPLOYMENT- PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE. ROLLOVER DI11TRIBUTIONS; Southwest comer of the property In O.R. Book 453 Page 1439, PROVIDING FOR PURCHASE OF CREDIT FOR PRIOR FIRE SERVICE- PROVIDING Pubic Records of Okeechobee County, Florida, hear Westerly along the North right-of•way One of Southwest 81h Street a distance of 288.9 feet { .t FOR A DEFERRED RETIREMENT OPTION PLAN; PROVIDING. FOR RE- EMPLOYMENT AFTER RETIREMENT- PROVIDING FOR CODIFICATION; more or less; thence bear Northedalong aline parallel to the Westerly . r PROVIDING FOR SEVERABILITY OP PROVISIONS; REPEALING Al right•ot-way ?The of tine Sea' Board oast Una Railroad as located along the East boundary of the ARobelb Trust to the Intersection with a ins and ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFEC- the extension thereof,100.0 feet South of and parallel to the South boun- TIVE DATE. dary of the land described In O.R. Book 293 Page 257 Public Records of All members of the are encouraged to In ` Okeechobee County Florida, a distance of 997.6 feet more or less' thence bear East" akin One public attend and participate said hearing. The proposed Ordinance may be inspected in its e► tli" bbyy a boundary to the South bouy line o� that parcel of Iand described in O.R. Book 293 Page 257, Public Records members of the public in the Office of the City Clerk during regular busF of Okeechobee County, Florida, to the Intersection with aline lying 70.0 + ness hours, Man -Fri, 8am-4:30pm, except for holidays. feet East of and parallel to the East boundary IUe of proroppse described in i PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to O.R. Book 293 Pagqee 257, Public Records of Okeechobee ounty, Rod - da, a distance of 49.7 feet more or less; thence bear Northerly along line appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested and the extension thereof lying 70.0 feet East of the East boundary of the described in O.R. person will need a record of the proceedings, and for such purpose may need to ensure a verbatim property Book 293 Page 257, Public Record of Okee- chobee County Florida, to the Intersection with a curve concaving to the f record of the proceedings is made, which record includes the testimony the is to be based. City Clerk Northwest in the South right-of-way line of Southwest 2nd Street, a dls- and evidence upon which ap eal tapes are. for the sole of backup for official records the Clerk tance of 540.8 feet more or less; thence NorOroaste►1y along arc of said the Southwest purpose of curve and right-of-way of 2nd Street to the intersection the South On Southwest Park Street, In accordance with the Americans with Disability Act (ADA) and Flod- with right-of-way of a distance of 338.4 feet more or less; thence Easterly along the South right-of-way line da Statutes 286.26, persons with disabilities needing special accommo- dation to In this Lane Gamiotea of Southwest Park Street to the Intersection with the West right-of-way One Sea Board Coast ( participate proceeding should contact no later than two (2) working days prior to the proceeding at 863-763-3372 of the Line Rdlroad ftht-of-way a distance of 123.0 feet; thence bear Soul hedy along said West line the ; x215; if hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 rlppht-of-wa of Sea Board Coast Line Railroad, a distance of 1043.3 feet; thence bear (TiY). Lane Gamiotea,'CMC, CITY CLERK Westerly along the South rfoht-of-way line of the Sea Board Coast Line ri ht•of-wayy and the Southline of the prosy described In O.R. Book Page -bee ` 41, 1488, Public Records of Okeecho County, Florida' to the Northwest comer of the property described in O.R. Book 316 Pape1439 Public Records of Okeechobee County Florida a distance of 95.2 feet; bear Southerly r I NOTICE OF INTENT TO CONSIDER THE ADOPTION OF AN COUNTY ORDINANCE thence elonp the West One of the property described In O.R. Book 316 Pape 1439 Publlc Records of Okeechobee County Flod- da, to the intersection with the described in O.R. Book 452 Page - property 1439, Public Records of Okeechobee County, Florida, a distance of ` J - NOTICE IS HEREBY GIVEN that the Board of County Commissioners' of Okeechobee County, Florida, will hold a public hearing on April 7, 2005 at 9 O'Clock A.M., in the Okeechobee County Court House, County 695.1 feet; thence bear Westerly to the Northwest comer of the property described In O.R.'Book 452 Page 1439, Pubic Records of Okeechobee County Florida; thence ` Commission Chambers located at 304 N.W. 2nd Street, Okeechobee, a distance of 50.4 feet' bear SouthedTy along the West One of the properly described in d.R. Book 452 Pape 1439, Public Florida, for the purpose of receiving comments and suggestions in con- sideration of the adoption of a proposed Ordinance. The title of said pro- Records of Okeechobee County, Florida, a distance of 76.17 feet more or posed Ordinance is: less to the point of beginning. The proposed use of the property Is for de- velopment of mull -family type dwellings. AN ORDINANCE AMENDING PART 4 OF ARTICLE VI OF THE OKEECHO- BEEAN 'COUNTY LAND DEVELOPMENT REGULATIONS (LDR'8) CON- TAINED IN THE APPENDIX TO THE OKEECHOBEE COUNTY CODE, members of the public are encouraged to attend and participate In said hearin . Theproposed Ordinance may be Inspected In Its entiretyby members 3 the public in the Office of the City Clerk during regular buss- THEREBY DELETING SECTION 6.04.01-PERMITTING -OF VEHICLES USED TO LAND APPLY RESIDUALS AND SEPTAGE; DELETING SEC- ness hours, Mon -Fri, 8am-4:30pm, except for holidays. I r TION 6.04.02-PERMITTING OF LAND APPLICATION SITES- REQUIRE- MENTS THAT SITES ONLY ACCEPT WASTE TRANSPORTED BY PER- PLEASE TAKE NOTICE AND BE ADVISED that 1 any person desires to MITTEO DISPOSAL PERSONS OR ORGANIZATIONS; AMENDING SEC- TION 6.04.03 TO CORRECTLY REFERENCE NEW PARAGRAPH NUM- appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested parson will need a record of BERS; DELETING 6.04.06.B•REPORTING REQUIREMENT; DELETING SECTION 4 PROVIDING FOR INITIAL PERMITS MANDATED BY THE OR- the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record Includes the testimony - + - ' DINANCE; ADDING NEW PARAGRAPH 6.04.02 FROM�FORMER PAPA- and evidenct! upon which the anneal is to be based. City Clerk tapes are fur the sole purpose of backup four official of the Clerk ' GRAPH 6.04.02.4 CONCERNING PROPERTY LINE SETBACK- ADDING A NEW PARAGRAPH 6.04.03 FROM REQUIRING records _I THE FORMER 6.04.02.5 COMPREHENSIVE PLAN LIMITATION; PROVIDING FOR RENUMBER- ING OF PARAGRAPH TO BE CONSISTENT; PROVIDING FOR CONFLICT- in��� yy the Americans with Disability Act AOA and Flori b ( ) da Statutes 288.28, persona with disabilities near g special accommo- dation to in this should corrtact t Gamiotea y ING PROVISIONS; SEVEPABILITY AND APPLICABILITY- PROVIDING . FOR FILING WITH THE DEPARTMENT OF STATE; CODIFICATION AND paftlppate proceeding odic no later than two (2) wv ce" prior to the eedMo at 863-763-3372 0 x215; if hearing or voice aired, call T 1.800.222-3448 (voice) or AN EFFECTIVE DATE. 1-888-447-5620 (TTY1. -- - -- - — - -- i • ��ddlutdccm �nF.achibl:�f � GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. • Sufte 200 a Ft Lauderdale, FL 33301 2254. 954-527-1816 • FAX 954-525-0083 April 1, 2005 Ms. Marita M. Rice Director of Finance City of Okeechobee P.O. Box 835 Okeechobee, FL 34973-0835 Re: Actuarial Impact Statement for the Firefighters' Pension Fund Dear Marta: Enclosed is the impact statement for the proposed ordinance, which Scott Christiansen sent to us. The impact statement states that there is no cost associated with this amendment and is addressed to Mr. Slavin at the Division of Retirement, with an identical statement for Ms. Shoemaker at the State Treasurer's Office. To each one that you submit, you will have to add a copy of the signed Ordinance and a letter from the City stating that it recognizes and will cover the additional cost, if any. Then sign the letters and send the packages to Mr. Stavin at his address and to Ms. Shoemaker at her address (both addresses are shown on the letters). If you have any questions, please contact us. Sincerely, Theora P. Braccialarghe, FSA Enclosures cc: Scott Christiansen m • • GABRIEL, ROEDER. SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. a Suite 200 • FL Lauderdale, FL 33301-2254 . 954-527-1616 • FAX 954-525-0063 April 1, 2005 Mr. Charles Slavin, Actuary Bureau of Program Services Division of Retirement Cedars Executive Center, Bldg. C 2639 North Monroe Street Tallahassee, FL 32399-1560 Re: Actuarial Impact Statement for Ordinance No. 889 amending the City of Okeechobee Pension Plan for Firefighters Dear Mr. Slavin: Enclosed is a copy of the above -captioned Ordinance. This letter, with enclosures, constitutes the Statement of Actuarial Impact as issued by the plan administrator. The Ordinance amends the plan to incorporate (i) a 20% lump sum option, (ii) language addressing Domestic Relations Orders, (III) a Deferred Retirement Option Plan, and (iv) reemployment provisions. The changes have no impact on the cost of the plan. This cost determination was prepared and completed by me or under my direct supervision, and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part V►I, Chapter 112, Florida Statues. There is no benefit or expense to be provided by the plan and/or paid from the plans assets for which liabilities or current cost have not been established or otherwise taken into account in the cost determination. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the cost determination. Theora P. Braccialarghe, FSA, MAAA, FCA Date Senior Consultant and Actuary Enrolled Actuary #02-02826 For the Pension Board as Plan Administrator Date i EXHIBIT 4 APRIL 5, 2005 ORDINANCE NO. 889 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 FORA BOARD OF TRUSTEES; PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE -RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT; PROVIDING FOR A ROSTER OF RETIREES; 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; RETIREE DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION AND NON -ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR TRANSFERS WITHIN THE CITY; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR PURCHASE OF CREDIT 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 ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Firefighters are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee and; WHEREAS, the City Council desires to clarify and restate the provisions of the Firefighters' Retirement Plan to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the current applicable provisions of Chapter 175, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED before 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: SECTION 1: That the City of Okeechobee Retirement System for Firefighters as adopted by Ordinance 750, and as subsequently amended, be and the same is amended and restated as set forth in the document designated CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, attached hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this 15th day of March, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Passed on second and final reading this 5th day of April, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMG, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney TABLE OF CONTENTS SECTION PAGE NUMBER 1. DEFINITIONS 1 2. MEMBERSHIP 3 3. BOARD OF TRUSTEES 4 4. FINANCES AND FUND MANAGEMENT 6 5. CONTRIBUTIONS 10 6. BENEFIT AMOUNTS AND ELIGIBILITY 11 7. DEATH BENEFITS 13 8. DISABILITY 14 9. VESTING 21 10. OPTIONAL FORMS OF BENEFITS 22 11. BENEFICIARIES 25 12. CLAIMS PROCEDURES 25 13. REPORTS TO DIVISION OF RETIREMENT 25 14. ROSTER OF RETIREES 26 15. MAXIMUM PENSION 26 16. DISTRIBUTIONS OF BENEFITS 29 17. MISCELLANEOUS PROVISIONS 30 18. REPEAL OR TERMINATION OF SYSTEM 30 19. DOMESTIC RELATIONS ORDERS; RETIREE DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY 33 20. PENSION VALIDITY 34 21. FORFEITURE OF PENSION 34 22. CONVICTION AND FORFEITURE; FALSE, MISLEADING OR FRAUDULENT STATEMENTS 36 23. INDEMNIFICATION 36 24. TRANSFERS WITHIN THE CITY 37 25. MILITARY SERVICE PRIOR TO EMPLOYMENT 37 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS 38 27. PRIOR FIRE SERVICE 40 28. DEFERRED RETIREMENT OPTION PLAN 41 29. REEMPLOYMENT AFTER RETIREMENT 51 CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' 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 Members own contributions 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 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 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 administer 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 Credited Service means the total number of years and fractional parts of years of service as a Firefighter with Member contributions when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Firefighter. A Member may voluntarily leave his Accumulated Contributions in the Fund for a period of five (5) years after leaving the employ of the Fire Department pending the possibility of being reemployed as a Firefighter, without losing credit for the time that he was a Member of the System. If a vested Member leaves the employ of the Fire Department, his Accumulated Contributions will be returned only upon his written request. If a Member who is not vested is not reemployed as a Firefighter with the Fire Department within five (5) years, his Accumulated Contributions shall be returned. Upon return of a Member's Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. Upon any reemployment, a Firefighter shall not receive credit for the years and fractional parts of years of service for which he has withdrawn his Accumulated Contributions from the Fund, unless the Firefighter repays into the Fund the contributions he has withdrawn, with interest, as determined by the Board, within ninety (90) days after his reemployment. The years or fractional parts of a year that a Member serves in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from employment as a Firefighter 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 Member must return to his employment as a Firefighter within one (1) year from the earlier of the 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. Firefighter means an actively employed full-time person employed by the City, including his initial probationary employment period, who is certified as a Firefighter as a condition of employment in accordance with the provisions of §633.35, Florida Statutes, and whose duty it is to extinguish fires, to protect life and to protect property. FA Fund means the trust fund established herein as part of the System. Member means an actively employed Firefighter who fulfills the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment 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 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 basic compensation paid by the City to a Member, plus all tax deferred, tax sheltered and tax exempt items of income derived from elective employee payroll deductions or salary reductions otherwise includible in basic compensation. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible 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 Firefighters' Pension Fund as contained herein and all amendments thereto. 2. Masculine Gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. SECTION 2. MEMBERSHIP. 1. Conditions of Eligibility. A. All Firefighters as of the Effective Date, and all future new Firefighters, shall become Members of this System as a condition of employment. 3 B. All future new Firefighters shall be required to complete a medical examination as prescribed by the City. 2. Designation of Beneficiary. Each Firefighter shall complete a form prescribed 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 of this 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 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 shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four (4) Trustees appointed or elected as herein provided and shall serve a two (2) year term unless 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 period of two (2) years, unless he sooner leaves the employment of the City as a Firefighter or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each 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 be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. 2. The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretary of the Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. 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 I the--f 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, 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. The duties and responsibilities of the Board shall include, but not necessarily 5. be limited to, the following: To construe the provisions of the System and determine all questions arising thereunder. To determine all questions relating to eligibility and membership. To determine and certify the amount of all retirement allowances or A. B C other benefits hereunder. D. To establish uniform rules and procedures to be followed for adminis- trative purposes, benefit applications and all matters required to administer the System. E. To distribute to Members, at regular intervals, information concerning the System. F. To receive and process all applications for benefits. G. To authorize all payments whatsoeverfrom the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the System and Fund. H. To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. I. To perform such other duties as are required to prudently administer the System. 5 SECTION 4. FINANCES AND FUND MANAGEMENT. Establishment and Operation of Fund. 1. As part of the System, there exists the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System. 2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent but only upon written authorization from the Board. 3. All funds of the Municipal Firefighters' Pension Fund may be deposited bythe Board with the Finance Director of the City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the City. However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the Municipal Firefighters' Pension Fund. In lieu thereof, the Board shall deposit the funds of the Municipal Firefighters' Pension Fund in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. 4. All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and B. Receipts and disbursements, and C. Benefit payments, and D. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the City, and E. All interest, dividends and gains (or losses) whatsoever, and 6 F. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. 5. An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the System showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Okeechobee City Council to amend or terminate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest separately any portion of the Fund. B. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Annuity and life insurance contracts with life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund or a savings/building and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose 7 share accounts are insured by the National Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States or by an agency of the government of the United States. (4) Bonds issued by the State of Israel. (5) Stocks, commingled funds administered by national or state banks, mutual funds and bonds or other evidences of indebtedness, provided that: (a) Except as provided in paragraph (b), all individually held securities and all securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. (b) Up to ten percent (10%) of the assets of the Fund may be invested in foreign securities. (c) The Board shall not invest more than five percent (5%) of its assets in the common stock, capital stock, or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5%) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock and convertible securities at cost exceed sixty percent (60%) of the assets of the Fund. (6) Real estate, provided the Board shall not invest more than ten percent (10%) at cost in real property or real estate. C. At least once every three (3) years, and more often as determined by the Board, the Board shall retain a professionally qualified independent consultant, as defined in Section 175.071, Florida Statutes, to evaluate the performance of all current investment managers and make recommendations regarding the retention of all 8 such investment managers. These recommendations shall be considered by the Board at its next regularly scheduled meeting. D. The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. E. Neither the Board nor any Trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. F. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. G. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, 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; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. H. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. 1. 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- 0 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 Board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. J. Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner. K. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits provided for herein. L. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. M. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. 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 pursuant to §414(h) of 10 • • the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 2. State Contributions. Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of funding and paying for retirement benefits for Firefighters of the City shall be deposited in the Fund comprising part of this System immediately and under no circumstances more than five (5) days after receipt by the City. 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, 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 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 the Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal three percent (3%) of Average Final Compensation, for each year of Credited Service. 3. Early Retirement Date. A Member may retire on his early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of Credited Service. Early retirement under the System is Retirement from employment with the City on or after the early retirement date and prior to the normal retirement date. 4. Early Retirement Benefit. A Member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: A. A deferred monthly retirement benefitwhich 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 continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph A above, which is reduced by three percent (3%) for each year the commencement of benefits precedes the date which would have been the Member's normal retirement date had -he based upon his actual years of Credited Service. 12 5. Cost of Living Adjustment. 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 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 current 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'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 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 ($5,000), the Beneficiary may elect payment under any of the optional forms available for retirement benefits or a lump sum payment. If a Member is eligible for early or normal retirement, but remains in employment and dies while so employed, the death benefit shall be determined as follows: It shall be assumed that such deceased Member had retired immediately preceding his date of death and elected the Ten Year Certain and Life Thereafter option. However, the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit, if larger than the Ten Year Certain and Life Thereafter option, described earlier in this Section. Notwithstanding the previous paragraphs of this subsection 2, in the event a Member or terminated vested person, with ten (10) or more years of Credited Service, dies priorto Retirement or priorto receipt of benefits, his Beneficiary 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 permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability was directly caused by the performance of his duty as a Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension 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 Member shall be forty-two percent (42%) of the Average Final Compensation of the Member. Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 2. In -Line of Duty Presumptions. A. Presumption. Any condition or impairment of health of a Member caused by hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by com- petent evidence, provided that such Member shall 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 body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-bome pathogens, as established by the Centers for Disease Control, apply. For purposes of potential transmission of meningococcal meningitis or 14 0 • R3 (c) (d) tuberculosis, the term "body fluids" includes respiratory, salivary, and sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. '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 hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety Member" does not include any person employed by a public hospital licensed under Chapter 395, Florida Statutes, or any person employed by a subsidiary thereof. "Hepatitis" means hepatitis A, hepatitis B, hepatitis non - A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this subsection, in performing the basic duties associated with his employment: i. Provides emergency medical treatment in a non -health-care setting where there is a potential for transfer of body fluids between persons; ii. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp 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, may be exposed to body fluids; or iv. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. (e) "Occupational exposure," in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. (2) Presumption. Any emergency rescue or public safety Member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the Member must, bywritten affidavit as provided in Section 92.50, Florida Statutes, verify by written declaration that, to the best of his knowledge and belief: (a) In the case of a medical condition caused by or derived from hepatitis, he has not: i. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his employment; ii. Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with 16 his present employment, or received any blood products for the treatment of a coagulation disor- der since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; iii. Engaged in unsafe sexual practices or other high -risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high -risk behavior, or iv. Used intravenous drugs not prescribed by a physician. (b) In the case of meningococcal meningitis, in the ten (10) days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. (c) In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test, he has not been exposed, outside the scope of his employment, to any person known by him to have tuberculosis. (3) Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a 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 in writing that the 17 immunization or other prophylaxis would pose a significant risk to the Members health. Absent such written declaration, failure or refusal by an emergency rescue or public safety Member to undergo such immunization or prophylaxis disqualifies the Member from the benefits of the presumption. (4) Record of Exposures. The City shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety Member in its employ to the disease described in this section and shall immediately notify the Member of such exposure. An emergency rescue or public safety Member shall file an incident or accident report with the City of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis. (5) Re uired 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 4B, 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 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 committing a crime. C. Injury or disease sustained while serving in any 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 benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be 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 that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Firefighter, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Firefighter, and the Retiree so returned shall enjoy the same rights that he had at the time he was placed upon pension. In the event the 19 Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a Firefighter, his service sits* will be deemed to have been continuous, and but the period beginning with the first month for which Member received a disability retirement income payment and ending with the date he reentered the service of the City will not be considered as Credited Service for the purposes of this System. The Board shall have the power and authority to make the final decisions regarding all disability claims. g, Disability Payments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board determines such entitlement. However, the monthly retirement income shall be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability priorto his normal retirement date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later. Provided, however, the disability Retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described OW 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 ten (10) Years Certain by dividing the lump sum amount by 83.9692. Notwithstanding the foregoing, in no event shall the disabFrty 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 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 Accumulated Contributions or the Member may leave it deposited with the Fund. 2. If the Member has ten (10) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the 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 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. ressem, but who remains ermpleyed by the Gity im serme other espeeity, shall have a'! 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 equivalent actuarial value payable in accordance with one of the following options: A. A retirement income of a medtfted monthly amount, payable to the Retiree during the lifetime of the Retiree and following the death of the Member Retiree, one hundred percent (100%), seventy-five percent (75%), sixty-six and two-thirds percent (66 2/3%) or fifty percent (50%) of such monthly amount payable to a joint pensioner for his lifetime. 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 com- mence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of Retirement. The amounts payable shall be as recommended by the actuaries for the §ystem, based upon the social security law in effect at the time of the Member's Retirement. This option may be combined with other optional forms of benefits. 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 twenty percent 20% of the present value of the Retiree's accrued benefit at the date of retirement with the remaining eigh percent 22 (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 the Deferred Retirement Option Plan shall not be eligible to select this partial lump sum option 2. The Member, upon electing any option of this Section, will designate the joint pensioner (subsection 1.A. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of Members death, and 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 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 pensioner or Beneficiary to any such change shall not be required. The rights of all previously -designated Beneficiaries to receive benefits under the System shall thereupon cease. 4. Upon change of a Retiree's 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 the Actuarial Equivalent of the Members present value of the Retiree's then -current benefit 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 of the Retiree subsequent to his Retirement shall be paid as provided in Section 11. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: A. If a Member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 7. 23 B. If the designated Beneficiary (or Beneficiaries) orjoint pensioner dies before the Members Retirement underthe System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Member upon his Retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary is designated by the Member prior to his Retirement. C. If both the 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 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 pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a Beneficiary (or Beneficiaries) designated by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his death occurred. 6. A Ftfe� Retiree may not change his retirement option after the date of cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the 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, binding and conclusive on all persons. 24 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) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such Member or Retiree by signing and filing with the Board a new 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) named by a deceased Member or Retiree predeceases the Member or Retiree, the death benefit, if any, which may be payable underthe System with respect to such deceased Member or 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 Section shall operate as a complete discharge of all obligations under the System with regard to the deceased Member and any other persons with rights under the System and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder. SECTION 12. CLAIMS PROCEDURES. 1. The Board shall establish administrative claims procedures to be utilized in processing written requests ("claims"), on matters which affect the substantial rights of any person ("Claimant"), including Members, Retirees, Beneficiaries, or any person affected by a decision of the Board. 2. The Board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the Board's claims procedures. The Claimant may request in writing the issuance of subpoenas by the Board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. SECTION 13. REPORTS TO DIVISION OF RETIREMENT. Each year and no later than March 15th, the Board shall file an Annual Report with the Division of Retirement containing the documents and information 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. Additionally, the Secretary shall keep a record of all Firefigh 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 respectto any Memberwho 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 all defined benefit plans in which the Member has been a member were payable from one (1) plan. 3. Adiustments in Limitations. A. In the event the Member's retirement benefits become payable before age sixty-two (62), the one hundred sixty thousand 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 26 income benefit begins) which is equivalent to a one hundred sixty thousand dollar($160,000) annual benefit beginning at age sixty-two (62). B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service, the adjustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. D. In the event the Members retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limitation set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made 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 any prior Plan Year and the City has not at any time maintained a qualified defined contribution plan in which the Member participated. 27 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 for defined contribution plans in which the Member participated, such reduction to be made firstwith respectto the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. 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) of the Code. 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 Average Final Compensa- tion. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. 28 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 Member's death, A. It shall either be distributed or commence to the Member not later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (70-1/2). or the calendar year in which Member retires, B. The distribution shall commence not later than the calendar year defined above; and a), shall be paid over the life of the Member or over the lifetimes of the Member and Spouse, issue or dependent, or b), shall be paid over the period extending not beyond the life expect- ancy of the Member and Spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the Member dies before his entire interest in the System has been distributed, the remaining portion of such interest in the System shall be distributed no less rapidly than under the form of distribution in effect at the time of the Member's death. 2. If the Members death occurs before the distribution of his interest in the System has commenced, the Members entire interest in the System shall be distributed within five (5) years of the Members death, unless it is to be distributed in accordance with the following rules: A. The Members remaining interest in the System is payable to his Spouse, issue or dependent; B. The remaining interest is to be distributed over the life of the Spouse, issue or dependent or over a period not extending beyond the life expectancy of the Spouse, issue or dependent; and C. Such distribution begins within one (1) year of the Members death unless the Members Spouse shall receive the remaining interest in which case the distribution need not begin before the date on which the Member would have attained age seventy and one-half (70-1/2) and if the Spouse dies before the distribution to the Spouse begins, this Section shall be applied as if the Spouse were the Member. 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 qualified public pension plan under the applicable provisions of the Code, as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain the System as a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. 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 forfunding under Section 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. SECTION 18. REPEAL OR TERMINATION OF SYSTEM. 1. This ordinance establishing the System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefiting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the 30 Member or Beneficiary shall not be affected thereby, except to the extent that the assets of the Fund may be determined to be inadequate. 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer, merger or consolidation of government units, services or functions as provided in 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. In 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 equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. 3. The following shall be the order of priority for purposes of allocating the assets of the System as of the date of repeal of this ordinance, or if contributions to the System are discontinued with the date of such discontinuation being determined by the Board. A. Apportionment shall first be made in respect of each Retiree receiving a retirement or disability benefit hereunder on such date, each person receiving a benefit on such date on account of a retired or disabled (but since deceased) Member, and each Member who has, by such date, become eligible for normal retirement but has not yet retired, an amount which is the Actuarial Equivalent of such benefit, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. B. If there be any asset value remaining after the apportionment under paragraph A, apportionment shall next be made in respect of each Member in the service of the City on such date who is vested and who is not entitled to an apportionment under paragraph A, in the amount required to provide the Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), based on the Credited Service and Average Final 31 Compensation as of such date, and each vested former Member then entitled to a deferred benefit who has not, by such date, begun receiving benefit payments, in the amount required to provide said Actuarial Equivalent of the vested portion of the accrued normal 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 latter amounts shall be propor- tionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. C. If there be any asset value after the apportionments under paragraphs A and B, apportionment shall be made in respect of each Member in the service of the City on such date who is not entitled to an apportionment under paragraphs A and B in the amount equal to Member'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. D. If there be any asset value remaining after the apportionments under paragraphs A, B, and C, apportionment shall lastly be made in respect of each Member included in paragraph C above to the extent of the Actuarial Equivalent of the non -vested accrued normal retirement benefit, less the amount apportioned in paragraph C, based on the Credited Service and Average Final Compensation as of such date, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. E. In the event that there be asset value remaining after the full apportionment specified in paragraphs A, B, C, and D, such excess shall be returned to the City, less return of the State's contributions to the State, provided that, if the excess is less than the total contributions made by the City and the State to the date of 32 • E termination such excess shall be divided proportionately to the total contributions made by the City and the State. The allocation of the Fund provided for in this subsection may, as decided by the Board, be carried out through the purchase of insurance company contracts to provide the benefits determined in accordance with this subsection. The Fund may be distributed in one sum to the persons entitled to said benefits or the distribution may be carried out in such other equitable manner as the Board may direct. The 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 Member's normal retirement date would exceed one thousand five hundred dollars ($1,500), shall not exceed the greater of either a) twenty thousand dollars ($20,000), or b), an amount computed by multiplying the smaller of ten thousand dollars ($10,000) or twenty percent (20%) of such Members average annual earnings during his last five (5) years of service by the number of years of service since the effective date. In the event that it shall hereafter be deter- mined by statute, court decision, ruling by the Commissioner of Internal Revenue, or otherwise, that the provisions of this paragraph are not then necessary to qualify the System 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. A. Prior to the entry of any domestic relations order which affects or purports to affect the System's responsibility in connection with the payment of benefits of a Retiree, the Member or Retiree shall submit the proposed order to the Board for review to determine whether the System may legally honor the order. 33 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 that it may not legally take and the System expends administrative or legal fees in resolving the matter, the Member or Retiree who submits such an order will be required to reimburse the System for its 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 System to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the City, to pay the certified bargaining agent 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 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 reason. The Board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been 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 this System, except for the return of his Accumulated Contributions, but without interest, as of the date of termination. Specified offenses are as follows: A. The committing, aiding or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes. E. The committing of an impeachable offense. F. The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself orfor some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position. 2. Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. 3. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged 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 legal action necessary to recover such funds. 35 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 misdemeanor 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 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 City shall indemnify, defend and hold harmless members of the Board from all personal liability for damages and costs, including court costs and attorneys, fees, arising out of claims, suits, litigation, or threat of same, herein referred to as 'claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the Board. The City reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the Board from the judgment, execution, or levy thereon. 2. This Section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this Section waive any provision of law affording the City immunity from any suit in whole or part, or waive any other substantive or procedural rights the City may have. 3, This Section shall not apply nor shall the City be responsible in any manner to defend or pay for claims arising out of acts or omissions of Members of the Board which constitute felonies or gross malfeasance or gross misfeasance in office. 36 SECTION 24. TRANSFERS WITHIN THE CITY. If a member of any of the City's three (3) retirement systems transfers to either of the other two (2) systems, he must choose one of the following procedures with regard to Credited Service accrued to date of transfer. 1. The Member may take a refund of his Accumulated Contributions, in which event no pension benefit shall be payable based on Credited Service attributable to the period covered. 2. The member may leave his Accumulated Contributions in the fund, in which event his Credited Service with both systems shall be combined for purposes of determining eligibility for benefits and for vesting. When the member is eligible to receive a benefit, he shall receive benefits from both systems, which shall consist of accrued benefits under each system based on the provisions of the respective system and the earnings and Credited Service under that system. SECTION 25. MILITARY SERVICE PRIOR TO EMPLOYMENT. The years or fractional parts of years that a Firefighter serves or has served on active duty in the active military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City Fire Department shall be added to his years of Credited Service provided that: 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 thatthe 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 shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section shall be four (4) years. 5. Credited Service purchased pursuant to this section shall not count toward vesting or eligibility for not -in -line of duty disability benefits. 37 SECTION 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. 1. Rollover Distributions. A. General. This Section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the p+an System 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 of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made forthe 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 contribution plan described in section 401(a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in 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 deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this plan, an annuity contract described in section 403(b) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. This definition shall also apply in the case of an eligible rollover 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 or 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 described in section 401(a) or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The System will also accept legally permissible Member requested transfers of funds from other retirement or pension plans. 39 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 be 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 pants 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 would have contributed, based on his Salary and the Member contribution rate in effect atthe 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 shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section for service other than with the City of Okeechobee shall be five (5) years of Credited Service and shall count for all purposes, except vesting and eligibility for not -in -line of duty disability benefits. There shall be no maximum purchase of credit for prior service with the City of Okeechobee and such credit shall count for all purposes, including vesting. 5. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other municipal, county or special district fire department, if such prior service forms or will form the basis of a retirement benefit or pension from a different employers retirement system or plan as set forth in Section 15, subsection 8.B. 40 SECTION 28. DEFERRED RETIREMENT OPTION PLAN. 1. Definitions. As used in this Section 28 the following definitions apply'" A. "DROP" — The City of Okeechobee Firefiqhters' Deferred Retirement Option Plan. B. "DROP Account" — The account established for each DROP participant under subsection 3. 2. Participation. A. Eligibility to Participate. In lieu of terminating his employment as a Firefighter, any Member who is eligible for normal retirement under the System may elect to defer receipt of such service retirement pension and to participate in the DROP. B. Election to Participate. A Member's election to participate in the DROP must be made in writing in a time and manner determined by the Board and shall be effective on the first day of the first calendar month which is at least fifteen (15) business days after it is received by the Board. C. Period of Participation. A Member who elects to participate in the DROP under subsection 2.13., shall participate in the DROP for a period not to exceed sixty (60) months beginning at the time his election to participate in the DROP first becomes effective. An election to participate in the DROP shall constitute an irrevocable election to resign from the service of the City not later than the date provided for in the previous sentence. A Member may participate only once. D. Termination of Participation. (1) A Member's participation in the DROP shall cease at the earlier of. (a) the end of his permissible period of participation in the DROP as determined under subsection 2.C.; or (b) termination of his employment as a Firefighter. (2) Upon the Member's termination of participation in the DROP pursuant to subsection (a) above, all amounts provided for in 41 subsection 3 B including monthly benefits and investment eamin s and losses or interest shall cease to be transferred from the System to his DROP Account. Any amounts remaining in his DROP Account shall be paid to him in accordance with the provisions of subsection 4. when he terminates his employment as a Firefighter. 3 A Memberwho terminates his participation in the DROP under this subsection 2 D shall not be permitted to again_ become a participant in the DROP. E. Effect of DROP Participation on the System. 1 A Members 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 any additional benefits under the System (except for any additional benefits provided under any cost -of -living adjustment for Retirees in the System) while he is a participant in the DROP. After a Member commences artici ation he shall not be permitted to again contribute to the System nor shall he be eligible fordisability or pre retirement death benefits except as provided for in Section 29 Reemployment After Retirement. (2) No amounts shall be paid to a Member from the System while the Member is a participant in the DROP. Unless otherwise specified in the System 'rf a Members participation in the DROP is terminated otherthan by terminating his employment as a Firefighter, no amounts shall be paid to him from the System until he terminates his employment as a Firefighter. Unless otherwise specified in the System, amounts transferred from the System to the Members DROP Account shall be paid directly to the Member only on the termination of his employment as a Firefighter. 42 3. Fundinq. A. Establishment of DROP Account. A DROP Account shall be established for each Member participating in the DROP. A Members DROP Account shall consist of amounts transferred to the DROP under subsection 3.B., and eamings or interest on those amounts. B. Transfers From Retirement System. (1) As of the first day of each month of a Member's period of participation in the DROP, the monthly retirement benefit he would have received under the System had he terminated his employment as a Firefighter and elected to receive monthly benefit payments thereunder shall be transferred to his DROP Account, except as otherwise provided for in subsection 2.D.(2). A Member's period of participation in the DROP shall be determined in accordance with the provisions of subsections 2.C. and 2.D., but in no event shall it continue past the date he terminates his employment as a Firefighter. (2) Except as otherwise provided in subsection 2.D.(2) a Member's DROP Account under this subsection 3.13. shall be debited or credited after each fiscal year quarter with either: (a) 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 (b) 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 return" for the purpose of this paragraph is the total return of the assets in which the Member's DROP Account is invested by the Board net of brokerage commissions, transaction costs and management fees. Upon electing participation in the DROP, the Member shall elect to receive either interest or eamings on his account to be 43 determined as provided above The Member may, in writing elect to change his election only once during his DROP participation An election to change must be made prior to the end of a quarter and shall be effective beginning the following quarter. (3) A Members 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 Members final DROP 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 quarter immediately preceding termination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter and Pdor to distribution. If a Member fails to terminate employment after participating in the DROP for the permissible period of DROP participation then beginning with the Members 1 st month of employment following the last month of the permissible period of DROP participation, the Members DROP Account will no longer be credited or debited with eamings 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 Fire Department and no cost -of -livid adiustments shall be applied to the Members credit dudag such period of continued employment A Member employed by the Fire Department after the permissible period of DROP participation will be eligible for pre -retirement death and disability benefits and will accrue additional Credited Service only as provided for in Section 29. 4 Distribution of DROP Accounts on Termination of Employment. 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 Firefighter. Except as provided in 44 subsection 4.D., no amounts shall be paid to a Member from the DROP prior to his termination of employment as a Firefighter. B. Form of Distribution. (1) Unless the Member elects otherwise, distribution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection 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 this paragraph shall be in writing and shall be made in such time or manner as the Board shall determine. If the annuity form selected is not a qualified joint and fifty percent (50%) survivor annuity with the Members Spouse as the Beneficiary, the annuity payable to the Member and thereafter to his Beneficiary shall be subiect to the incidental death benefit rule as described in Section 401(ax9)(G) of the Code and its applicable regulations. (2) If a Member dies before his benefit is paid, his DROP Account shall be paid to his Beneficiary in such optional form as his Beneficiary may select. If no Beneficiary designation is made, the DROP Account shall be distributed to the Members estate. C. Date of Payment of Distribution. (1) Except as otherwise provided in this subsection 4., distribution of a Membees DROP Account shall be made as soon as adminjstratively practicable following the Member's termination of employment. (2) In lieu of a distribution as described in paragraph (1) above, a Member may, in accordance with such procedures as the Board shall prescribe, elect to have the distribution of his DROP Account made as of the first day of any month coincident with or following his termination of employment as a Firefighter, provided, however, payments shall be made before the distribution date elected by the Member to the extent necessary to comply with the provisions of subsections 4.D. and 4.F. 45 D. Age Seventy and One -Half (70-1/2) Required Distribution. In no eventshall the provisions of subsection 4. operate 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 attains age seventy and one- half (70 1/2) In the event a Member is required to receive payment while in service under the provisions of this subsection D. he shall receive one lump sum payment on or before his required beginning date equal to his entire DROP Account balance and annual lump sum payments thereafter of amounts credited to his DROP Account during each calendar year. Upon the Member's subsequent termination of employment, pa ment of his DROP Account shall be made in accordance with the provisions of subsection 4.B. -E. Proof of Death and Right of Beneficiary or Other Person. The Board may require and rely upon such proof of death and such evidence of the right of any Beneficiary or other person to receive the value of a deceased Member's DROP Account as the Board may deem proper and its determination of the right of that Beneficiary or other person to receive payment shall be conclusive. F. Distribution Limitation. Notwithstanding any other provision of subsection 4, all distributions from the DROP shall conform to the regulations issued under Section 401 a 9 of the Code including the incidental death benefit provisions of Section 401(a)(9)(G) of the Code. Further, such regulations shall override any DROP provision that 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 elect to have any portion of an eligible rollover distribution paid in a direct rollover as otherwise provided under the System in Section 26. 46 5. Administration of DROP. A. Board Administers the DROP. The general administration ofthe DROP, the responsibility for carrying out the provisions of the DROP and the responsibilitv of overseeing 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 deliver any instrument or make any payment on their behalf; may retain counsel, employ agents and provide for such clerical, accounting, actuarial and consulting services as they may require in carving out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as Trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A Trustee shall not vote on any question relating exclusively to himself. B. Individual Accounts Records and Reports. The Board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each Members 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 governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the Code and any other applicable laws. C. Establishment of Rules. Subiect to the limitations of the DROP, the Board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The Board shall have discretionary authority to construe and interpret the DROP (including but not limited 47 to determination of an individual's eligibility for DROP participation, the right and amount of any benefit Rayabie under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the Board as to the interpretation of the DROP or its determination of any disputed guestions shall be conclusive and final to the extent permitted by applicable law. D. Limitation of Liability. (1) The Trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. 2 Neither the Board nor any Trustee of the Board shall be responsible for any reports furnished by any 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 counsel. The Board shall be fully protected with respect to any action 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 person with any interest in the a DROP. g. 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 appro riate to amend in whole or in part any or all of the provisions of the DROP However, except as otherwise orovided by law, no amendment shall make it possibie for any part of 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 effect 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 benefit 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 entitled 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 Board may, no earlier than three (3) years 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 within 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, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the System. Upon such cancellation the System shall have no further liability therefor except that in the event such person or his Beneficiary later notifies the Board of his whereabouts and requests the payment or payments due to 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 ordesignations 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 for making notifications elections or designations by Members under the DROP if it determines after due deliberation that such action is iustified in that it improves the administration of the 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 Les onsible for furnishing the Board with his current address and any subsequent changes in his address. Any notice required to be iven to a Member or Retiree hereunder shall be deemed given if directed to him at the last such address given to the Board and mailed by registered or certified United States mail. If any check mailed by registered 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 Account and neither the City northe Board shall have any duly orliabilitYtO furnish the DROP with any funds securities or other assets except to the extent required by 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 headin is of the subsections in this Section 28 are for convenience only. In the case of ambiguityor 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 anc�from the application of any forfeiture provisions applicable to the System. DROP artici ants shall be sub'ect to forfeiture of all retirement benefits including DROP benefits. 50 I. Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subiect to the same employment standards and policies that are applicable to employees who are not DROP participants. SECTION 29. REEMPLOYMENT AFTER RETIREMENT. 1. Any retiree under this system, except for disability retirement as previously provided for, may be reemployed by any public or private employer, except the City, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this System. Reemployment 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 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 second benefit amount aftributable 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 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 any subsequent employment period 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 (and early retirement reduction factor, if applicable) as of the date of subsequent retirement. The amount of any death or disability benefit received during a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for 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 retirement except as otherwise provided herein but the retiree may select a different optional form and joint pensioner applicable only to the subsequent retirement benefit. 3 Any Retiree who is retired under normal retirement pursuant 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 employment 51 period. Former DROP partici ants 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 any capacity, shall discontinue receipt of benefits from the System. If the reemployed person, by virtue of his reemployment is eligible to participate in this System 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 person'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 eligible 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. Reem to m n f T rmin t Vet P ons. Reemployed terminated vested persons shall not be subiect to the provisions of this section until such time as they 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 they elect to begin to receive their benefit. 6. DROP Participants. Members or retirees who are or were in the Deferred Retirement option Plan shall foilowing termination of employment after DROP participation, have the options provided for in this section for reemployment. bm\0k\flre\02-17-05.0rd 52 • EXHIBIT 5 APRIL 5, 2005 F• MEMORANDUM o 1915 e To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 890/Future Land Use Map Amendment No. 05-003-SSA Date: March 30, 2005 This is the final public hearing regarding Ordinance No. 890 to consider approving Comp Plan Small Scale Future Land Use Map Amendment Application No. 05-003-SSA. The application was submitted by Mark Goodbread, co -property owner of KMJ of Okeechobe, Inc. The request is to change the land use on 3.18 acres of vacant land, f om Single Family to Multi -Family. Legal description being Lots 14-19 of Block 32 and Lots 7-19 of Bloc 35, City of Okeechobee. Please refer to the map attached for the exact location of the property. • All fee's have been paid. • The ordinance was advertised in the Okeechobee News on M • The Planning Staff found the application not to be in compliance recommended denial. The Land Planning Agency however, discusses to find the application in compliance and recommended approval, see minutes. • Due to this being a small scale (less than 10 acres) amendment, to the surrounding property owners, nor post a sign on the property. Please do not hesitate to contact me should you require any ad( application. Thank you. 24. with the Comprehensive Plan has the matter and voted unanimously attached March 22, 2005 Meeting it is not necessary to mail notices litional information regarding this ORDINANCE NO. 890 • AN ORDINANCE OF THE CITYOF OKEECHOBEE, FI THE CITY OFOKEECHOBEE COMPREHENSIVE PLC 635 AS AMENDED, BY REVISING THE FUTURE LA CERTAIN TRACTOF LAND MORE PARTICULARLY C FROM SINGLE-FAMILY TO MULTI -FAMILY; INCLUSION OF ORDINANCE AND REVISED FUTURI THE COMPREHENSIVE PLAN; PROVIDING FOR AIt WHEREAS, the City Council of the City of Okeechobee orderly growth and development; and .ORIDAAMENDING ,N, ORDINANCE NO. ND USE MAP ON A ESCRIBED HEREIN PROVIDING FOR LAND USE MAP IN EFFECTIVE DATE. nizes the need to plan for WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 05-003-SSA) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being re -viewed by the City's Land Planning Agency at a duly advertised meeting, and su mitted by staff report, which determined such applicant(s) to be consistent with th 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 requ rements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before 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: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Acti ities Comprehensive Plan Amendment is adopted pursuant to the provisions of hapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of app oximately 3.18 acre(s) is hereby redesignated for purposes of the Future and Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 05-003-SSA, from Singl, Legal Description of Subject Property is Lots 14 through 19, of Block 32, Oke thereof in Plat Book 5, Page 5, of amity to Multi -family. The follows: ,bee, as recorded public records of Page 1 of 2 • • Okeechobee County, Florida; and Lots 7 through 19, of Block 35, Okeechobee, as recorded thereof io Plat Book 5, Page 5, of the public records of Okeechobee C unty, Florida. 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 Ol, hereby provided, that the provision of the Ordinance Future Land Use Map more particularly described a; City of Okeechobee, March 19, 1991, as amended I incorporated herein by reference, shall become and Okeechobee Comprehensive Plan (City of Okeecho amended). SECTION 5. SEVERABILITY. :echobee, Florida and it is and the revisions to the "Future Land Use: 2000 3cember 6, 1994", which is ie made a part of the City of ee Ordinance No. 635, as 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 N�. 890 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 5' day of April , 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk ADOPTED after first reading on the 5th day of April, 20 ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 City of Okeechobee Date: aL k 105Petition No. _ - S General Services Department Fee Paid: � OQ— Jurisdiction: pF+ C—C 33 S.E. 3rd Avenue, Room 101 1st Hearing: 3 as IQ 5 2 dHearing: 4 I rj,Q Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 213 Publication Dates: �A g f � 1 (+�► :�� Fax: (863) 763-1636 Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: \ Small Scale Amendment (Under 10 Acres) — Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s):,� 1�/C POwner mailing address: P Name of applicant(s) if other than owner state relationshi L ( p): �YC1 000tb C Applicant mailing address:��- A 77 Y Name of contact person (state relationship): T_ Contact person daytime phone(s): 4— Fax: 7 ✓ Property address / directions to property: N 6— T4�L Parcel Identification Number: ---� -(? -f� Tc, Size of the Property (in acres): P Current Zoning Designation: R Current Future Land Use Designation: O P Existing Use of the Property: (�Vlf�- E Proposed Future Land Use Designation: R T Proposed Use of the Property: Y <- { Y Description of Surrounding Properties: Le_aal Description of the Property (Lengthy Description May be Attached): ColxpLtl('. /)C�L LU4' C tCCQ' LKV -) • 0 TA Required Attachments Survey of Properly (11" X.14", 20" Scale) Application Fee (non-refundable) �i Letter Outlining Request ! City location Map y Notarized Letter of Owner's Authorization �� IConfirmation of Information Accuracy I hereby certify that the information in this application is correct. The inforination included in 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 and imprisonment of up to 30 days a y re t ji the summ denial of this application. Siarahtre Printed Name Uniform Land Use Application (rev. 12/03) Page 2 of 2 • A Full Service Real Fstate Firm Licensed Rea! E•.s[utc l3rr>kir State Cert. Res. REA 3326 December 9, 2004 Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Avenue Okeechobee, Fl. 34974-290J RE: Land rezoning for JKM Inc. Dear Mrs. Vinson • Commercial Acreage e Groves Residential JKM of Okeechobee Inc. is a corporation of which I am a partial owner of and I am also representing JKM of Okeechobee in their application to rezone their property to residential multi family. If you have any questions concerning this application or anything pertaining to parcel 4 `s , 3-15-37-35-0010-00310-0110, 3-15-37-35-0010- 00310-0230, 3-15-37-35-0010-00320-0080, 3-15-37-35-0010-00 20-0140, 3-15-37-35_ 0010-00350-0070, 3-15-37-35-0010-00350-0140 please give me call. Thank you for your consideration. Respectfully S bmitted, Mark Goodbread Lic. Real Estate Associate (863) 763-4010 . (888) 874-2945 _ FAX (863) 7( 104 N.W. 7th Avenue :. Okeechobee, Florida 34 e-mail:realestate(q�tucker-group.com . website: www.tuck i-1376 )72 group.com a Bull Service Real Fstate Firm Li,vnsed Rcul E.stutt Bt-oker State Cert. Res. REA 3126 December 9, 2004 Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Avenue Okeechobee, Fl. 34974-2903 RE: Land rezoning for JKM Inc. Dear Mrs. Vinson JKM of Okeechobee Inc. is a corporation of which I am a partial owner representing JKM of Okeechobee in their application to rezone their prc residential multi family. If you have any questions concerning this appl anything pertaining to parcel 4 `s , 3-15-37-35-0010-00310-0110, 3-15-: 00 310-0230, 3-15-37-35-0010-00320-0080, 3-15-37-35-0010-00320-01 0010-00350-0070, 3-15-37-35-0010-00350-0140 please give me a call. your consideration. Respectfully S bmitted, -- Mark Goodbread Lic. Real Estate Associate z -= SHERYL D. COONFARE �? Notary Public, State of Florida My Comm. Expires Feb. 3, 2007 Comm. No. DD 182354 Corn merc ial Acreage . Groves Residential of and I am also perty to ication or s7-35-0010- 40, 3-15-37-35- Thank you for (863) 763-4010 . (888) 874-2945 . FAX (863) 763-13�6 1n� Ai tt/ -TtL A_._�___ /11___ 1__�-_ Florida�,1n-ram 1 tl'+ `4. w , / L11 tivetlue • Okeechobee, t' lodJ-+V / e-mail:realestate!u%tucker-group.cnm a website: ww-w.tuck up.com The LLCII A Full Service Real Estate Firm Licensed Rea! Estate Broker State Cert. Res. REA 3326 February 11, 2005 Katrina Cook 55 SE 3 rd Ave Okeechobee Fl 34972 RE; KMJ Rezoning application Dear Ms. Sir or Mam, I Joy Kidwell own controlling shares in the KMJ land company Goodbread the authority to act as an agent on my behalf. Respectfully Submitted, J(ty Kidw (863) 763-4010 . (888) 874-2945 . FAX (863) 7E 104 N.W. 7th Avenue . Okeechobee, Florida 34 Commercial Acreage . Groves Residential I am giving Mark 3-1376 72 e-mall:realestate@tucker-group.com e website: www.tuck�r-group.com �� � II�tlIli11�1118nIiIIIIIIIIIIIiIIaIIiIIIB 4�. 1� FILE UM 2004fD21147 OR BK 00548 PG 0339 SHARON RO ERTSONr CLERK. OF CIRCUIT COURT This Instrument Prepared By OKEECHOBEE COUNTYr FL And Return to: RECORDED 2/08/2004 01:45:35 PM TOM W. CONELY, III RECORDING FEES 10.00 CONELY & CONELY, P.A. DEED DOC 786.80 Post Office Drawer 1367 RECORDED Y tt Anuez Okeechobee, Florida 34973 Property Appraisers Parcel ID#: 3-15-37.35-0010-00310-0010 WARRANTY DEED THIS WARRANTY DEED Made the 30th day of November, 2004, by JMK OF OKEECHOBEE, INC., a corporation existing under the laws of Florida, ani having its principal place of business at 945 S.E. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantor, to K M J LAND, INC., a corporation existing under the laws of Florida, whose po toffice address is 945 S.E. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantee: (Wherever wed herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). WITNESSETH: That the grantor, for and in consideration of the sum of $1. 0 and other valuable considerations, receiptwhereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Lot 1 and Lots 23 through 26, inclusive, of Block 31, Lots 8 through 11, inclusive, and Lots 14 through 19, inclusive, of Block 32, and Lots 7 through 13, inclusive and Lots 14 through 19, inclusive, of Block 35, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31, 2003. AND the Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the grantor has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by it proper officer thereunto du y authorized the day and year first above written. Signed, sealed and delivered JMK OF OKEECHOBEE, INC. in our presence: By Joy 64dwl, President Witness's Signature EVA MAE CONELY (Corporale Seal) Wi ss's name tyor printed Wi ess's Signature KAREN S. HAYES Witness's name typed or printed STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 30th day of November 2004, by JOY KIDWELL, as President, on behalf of JMK OF OKEECHOBE , INC., a Florida corporation, and who is (PI"personally known to me ( ) produced Driver's Lice se as identification. Notary yM ""••. EV AIAECONELY All C01A ISSKM t CC 980503 3 EXPIRE December 12, 2004 � f LpWtl Nc"FuWUMW.hen BOUNDARY SURVEY PREPARED FOR KIDWELL & GOODBREAD VESCiR/°7Af(At LOIS 14 n/ti0M fA l>Y = JZ onEEmax AS REcomp viatE M:' IV PILA r Boar A PH6E' A OF IAE PIAW REL1AM ar GAV1200111T C affM., FLG1Mt AYD L07S 7 pmot w 1$ BLour j4 a%EEu&vm AS mrr1S mm nA97 w A'1 PCAr POCK A PAW A ar V E P K C AECU RS ar CATEia'K» CCLNVTY, PLa'aM ARiO"T SPECIFTC NOW& 1) NKESS &WW OnAE1PIMM ALL GMIAEAL9M ARE FLA7(P) AAo AAEAS[N7.1tV 2) PJ." 2Me 201W LA4QE7EAMA M PARC& LAEF WnW VE a lEpN06EE L7TY LAM M 3) nm S7 nvy is Avr Amgwm D m AEPICT .RAR13 wmrAa AwAS ar over AwAS ar Lwa cave K 4) 7/! SLRwy DEPwnv /ADil� A4 mor L1OmmW or mvfz �'WOUY L LA48UrY RMAMOE AnMS AP <�EiE►1pyS m SGRIEY AUPS aP AvvvT3 or ORER MW VK SWM PARTr QR PARTES LS pmmyw M1 hWr wwnEN CaVgNr Or W SCY1M PARTY at PARIAHS 1) AAIE or LAST my SiAPwr 11/11/b4l L) 17K amwm w SIww /A91 m MKS PRo mm or nit aAE NT 0R qK amNrS Ri1'IEPSENTA nw 7) WARM a45V IW S0 W AftVr-QF'-MNY aF XE Dn/ STRESr /S rMiN TO AE•AR Salim dY+64w" MESr. PIQEPAR EV F17R A!£ L7YG>LLAST trE USE' OF. JACK KWELL ANVI GOODORIEAD MAW GOODIA EAD REDUCED SCALE NOT VALID 7 1 13 I 12 I 11 I 10 1 9 I 8 I 7 I 6 ^ _ s.•--wv—--mv--N lDY23vE 71 C JWiV 'rrv�•,rsw.s � n"ir ns u urr• I - - -� BLOCK (32 I � I 6 I I 16 17 18 19 s 20 14 15 I 21 I 4 mum I � _ .Q1O — — — _ I , i . I ^k 1 t �l. I I I �•rar('•n+•sai � I 1 I I I 1 , t ---rrd M� J t I.tR1.' ► 7aflPp NI1tkMl — ara air or BOUNDARY SURVEY 11 ISM 135 6-28 VCKAB Ara"r-40' I ii I N pV2:fa' L JtIlI1 JX1001%r) 13 I 12 I 11 I 10 I 9 I 8 I 7 6 BLOCK 35 I .. y.•ne.,s, r•uA :,i r...w nv .rr a rnr• Ir AA .f.0ttr S J►Y270" r Jf11if ) J7RWYp) wrrw u.� ""• r.�.r r. I I I I I 14 I 15 I 16 I 17 I 18 I 19 20 21 it I 1 t I s FILL--- I —I— ..- 7.'• rilf.rVp r....lry I I I — 1r,�91i E NOT VALID TRADEIIINDS PROFESSIONAL SERVICES, I �„M 11D1O ,,, ,.. d N ,,,. r.e..a. kr 41wn+ ago N ..,.r a I•akeen. 0-Set ken Roe and Cep WS $712 ■-Found CM •-Feline kai Red (end Cap) 0-Fdmd Pip. (end CeP) !Ir Uete ►w1M nebd. Ma Or Nt4rR/ 1 EZ" •�7�r AIM 6M 1pp, rl..11 •M fy Ub N.wJR. 1M MnM' EMyM� • p;Zrx�. ���r p� p pp SURVE1 ORS .ND MAP ERS neeReH.nons .......a .uy... 4•dn.+� r.o..rr� arwor. M a. �.w.ra...nwe oa¢� a.1t .brr: ewr . c..wa ..Fe e•rrt: N►t Netn nN l ns- 11N .d N! tlw e"d= tM ttt.i....! .w .1 000 f3.rA.! .1.1'.Y.r .Nf mr00t► Ham• 1Mr. ar..s .IVIES tiler. 11..11f Mgr..obMeb .ttO.Ol r Mere 11. elbtnpt va. loot is lee.b unEnP(•r•^rtb one/v ttt010eNttttt.tl. Ol tnl7/ E00 Si. 6rd ANnue Okef. i'(. 8497 µr•c.wM [ r I,.an.R trrrt.�tnn n.ar.ila w...... ty rro.iw•�.rw .r..t rtK'1•�•� W(�,to4lkrt�i.+l t..,.r W. h w ►W N Ytl. utr•f >M• �^l te. M�+d tetwNwla .11E Teli.ut bMM.al .I...wd .t,EaOMiM ll) f,. 6M ./ wwFart the Yxm (chupw flail -A, Ella) F—W I. l: (wa(B66) 769-2687 Tat - triwl�.. ND l.elhtt I11027. R.t4e lbEA... /IbI(wl M .n.Y OewrA tNl/w.w.tt ht•.tr ww.n.e rtyWt • LARUE PLANNING & MANAGEMENT S 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 e-mail: larue-planning@att.net Memo To: City Council From: James G. LaRue, AICP Date: March 24, 2005 Subject: KMJ of Okeechobee, Inc. Small Scale Amendment KMJ of Okeechobee, Inc. Rezoning Request 05-06 This memo is written as an update to the original Staff Report of N had concerns about the potential environmental impacts on Taylor intensified to Multi -Family. There was also a concern for deleting neighborhood. While our concerns remain, the LPA/Planning Boa the FLUM change and rezoning for this property. The following it March 22°a meeting: (1) Evidence was presented showing that the Multi -Family OUA water and sewer. (2) "There was also public input that indicated individuals property were wishing to retain Industrial uses. JGL:vr • VICES, Inc. petition 05-003-SSA 0 rch 161". Staff at that time reek if Single -Family were Single -Family l did recommend approval of ns were presented at the lopment would be on the proximity of this • 1375 Jackson Str Suite 206 Fort Myer , Flori�33901-2845 : Phone: 23 -334-3366 Fax: 239-334-6384 Email: lar e-planning(a,att.net Staff Report — Small Scale Comprehensive P an Amendment Prepared fog: Applicant: From: Petition No. The City of Okee K V of Okeech6 Single Family to 05-003-SSA Inc. lti Family Staff Report Small -Scale Comprehensive Plan Amendment plicant: KMJ of Okeechobee Petition No. 05-003-SSA Applicant: KMJ of Okeechobee Inc. Applicant Address: 945 SE 23` Street Okeechobee, FL 349 74 Applicant Phone Number: 863-634-6999 Owner: Mark Goodbread Owner Address: 104 N.W. 7t' AVenU Okeechobee, FL 34972 Owner Phone Number: 863-763-4010 Existing Proposed Future Land Use Map Classification Single -Family M ilti-Family Zoning District Holding (H) Residential Fa Multiple ily (RMF) Use of Property Vacant Res idential Multi -Family Acreage 3.18 3.18 Location: Legal Description: NE 9ti' Street/NE 3rd Ave Lots 14 through 19, Block 3 thereof in plat book 5, page Okeechobee County, Florid; And Okeechobee, as recorded of the public records of Lots 7 through 19, Block 35, Okeechobee, as recorded thereof in plat book 5, page 5, of the public records of Okeechobee County, Florida. The matter for consideration is for a Small Scale Amendmet t to the City of Okeechobee's FLUM from Single -Family to Multi -Family to allow for Multi -Family dwellings on the subject property. Based on the size of the p operty, this application qualifies under Chapter 163. of the Florida Statutes as a SmaIl Scale Amendment to the Plan. In addition to this request, the applicant also requests a rezoning of the subject property from Holding to RMF. North: Future Land Use Map Classification: Zoning District: East: Future Land Use Map Classification: Single-Famly Holding (1 I) Single-Fami�y Staff Report • Small -Scale Comprehensive Plan Amendment Zoning District: South: Future Land Use Map Classification Zoning District: West: Future Land Use Map Classification Zoning District: • Applicant: KMJ of Okeechobee Petition No. 05-003-SSA Holding ( Single-Farnily Industrial (IND) Single -Fa ily Industrial ND) The subject property is currently classified as Single-F, Single -Family category only allows one Single -Family applicant is requesting Multi -Family which will allow, Single -Family homes on the property. The applicant is I Multi -Family development on the site. There have been a need for development other than Single -Family reside location. A. Consistency with the Land Use Categories and P As proposed, the applicant's request would be consistent Use category. However, given its proximity to Taylor Crf states that the City must protect environmentally sensitivf development such as what is being proposed by the appli( would be inconsistent with Comp Plan. Specifically, Poli, nily on the FLUM. The welling on each lot. The ,artments, duplexes, and .1oposing to construct a ]o studies presented showing tial development at this Policies. vith the Multi -Family Land �k, the Comprehensive Plan areas from high density int. As such, the request ✓ 7.2, which is as follows: Polley 7.2: The City shall continue to protect environmen ally sensitive areas from development of a type and intensity which would disrupt their natural functions. B. Concurrency of Adequate Public Facilities The OIJA has determined that sewer and water can be in property. C. Compatibility with Adjacent and Nearby Land Uses The existing neighborhood seems to reflect a low level of re vacant land to the North, South and East. The proposed dev, scale with adjacent and nearby uses and could lead to scatter development with incremental requests if approved. available to this idential intensity with opment would be out of d Multi -Family 2 Applicant: KMJ of Okeechobee Staff Report Petition No. 05-003-SSA Small -Scale Comprehensive Plan Amendment D. Compliance with Specific Standards of the Plan. There is no evidence presented to show that this property would be best served by changing its Future Land Use category to Multi -Family. • Based on the above information, staff recommends de of the request to amend the Future Land Use Map from Single -Family to Multi Fan it y Maps or Diagrams Submitted by: James G. LaRue, A1CP March 16, 2005 :- Ill. Minutes - Secretary. IV A. Motion to dispense with the reading and approve the Summary of Agency Actior for the February 22, 2005 regular meeting, continued. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 003-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 in the 300 Block of Northeast Th and 10`h Streets, Legal description being Lots 14 through 19 of Block 32 and Lots 7 through 19 of Block 35, City of Okeechobee, Plat Book 5, Page 5 Public Records, Okeechobee County, Florida. KMJ of Okeechobee. Inc. is the property owner, Mark Goodbread is the applicant - City Planning Consultant. March 22, 2005 - Land Plann ACTION -`-DISCUSSION _ vn VOTE CREECH - YEA HOOVER - YEA JONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MCCOY - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: 2of10 Planning Staff Report Summary of Application: The subject property is currently classified as -Family category only allows one single family dwelling Single -Family on the FLUM. The Single on each lot. The applicant is requesting Multi -Family which will allow apartments, duplexes, and single family homes on the propem. The applicant is proposing to construct a Multi -Family development on the site. There have been no studies presented showing a need for development other than single family residential development at this location. Planning Staff Report Comprehensive Plan Anal ysise (A) or CrLoll en with t e 1 Iulti-Family Land Use categoHowever, v to st Tayleek, the Comprehensive Plan states that the City must p ot ct envirronmentally s nsi ve areas from high density development such as what is being proposed by the applicant. As such. the request would be inconsistent with Comprehensive Plan. Specifically, Policy 7.2, which is as follows: Policy 7 2: The City shall continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. (B) The OUA has determined that sewer and water can be made available to this property. (C) The existing neighborhood seems to reflect a low level of residential intensity with vacant land to the North - South and East. The proposed development would be out of scale with adjacent and nearby uses and could lead to scattered multi -family development with incremental requests if approved. (D) There is no evidence presented to show that this property would be best served by changing its Future Land Use category to Multi -Family. • IV • • March 22, 2005 - Land Plann AGENDA ACTION -`DISCUSSION - VOTE New Business, continued. ►gency - Page 3 of 10 A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Planning Staff Report Analysis and Conclusions: Based on the above information. staff 003-SSA. continued. recommends denial of the request to amend the Future Land Use Map from Single Family to Multi -Family. Upon completion of reviewing the staff report with Board Members, Mr. LaRue went on to explain that the Board should follow the Comprehensive Plan when amending the Future Land Use '-VIap. He continued, Multiple family can increase the density that could affect the environmental lands, as well as Tavlor Creek which are located nearby. Mr. LaRue explained that no studies were presented showing the need for Multiple Family, showing the environmental impact that this proposed project will have, nor information showing the traffic impact to the area. Mr. LaRue explained that this Comprehensive Plan Future Land Use Map Amendment is inconsistent due to compatibility and environmental concerns. Agency Member : Hoover questioned if the property was changed to Multiple Family if environmental studies must be done. Jim LaRue responded that if the recommendation was made to change the land use and zoning to Multiple Family prior to the environmental studies being completed, the use may then be more intense than the environment can withstand in that area. Agencv Member Hoover questioned whether the surrounding Industrial zoning and land use affect the environment in a negative manner. Jim LaRue responded that Single Family is the governing category surrounding this propem. Industrial is farther to the South and East of this property. Agency Member McCoy questioned the number of units that will be permitted if this Petition is approved. Agency Chairperson Ledferd responded that 10 units per acre is permitted. Jim LaRue explained that 10 units per acre is permitted. however the owner must comply with lot requirements. Agency Member Creech questioned whether the proposed development using water and sewer through the Okeechobee Utility Authority would minimize the environmental impact. 'AGENDA March 22, 2005 - Land PlanningAgency - Page 4 of 10 ', � _ ; ;,. ACTION -'DISCUSSION VOTE IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Jim LaRue responded that a representative from the Okeechobee Utility Authority indicated that 003-SSA, continued. water and sewer was available to the site. Mr. LaRue explained that it is possible that this property is located within or near an environmentally protected area. Agency Member Hoover questioned the definition of an environmentally protected area. Jim LaRue responded that an area like Taylor Creek is an environmentally protected area. The water quality must be kept up due to the wetlands nearby. He continued by explaining that a more intense use could affect the Creek indirectly. • Agency Member Creech questioned whether a Multi -Family development would require a water retention area to hold the contaminated water to protect it from entering the Creek. Jim LaRue responded that any development must follow the requirements listed within the Land Development Regulations. Agency Member McCov questions what Mr. LaRue thought a good buffer would be for the Tavlor Creek area. Jim LaRue responded that he is concerned with a high density use located near a water bodv. Agency Member McCoy explained that the commercial YUsL,oiucc, also iocaiea near t ayior creek, was proposing a large commercial development, and that no environmental concerns were noted with that project. Jim LaRue responded that Single Family Future Land Use was surrounding the Creek to protec� it. Agency Chairperson Ledferd noted that there was some existing :Multiple Family units located nearby. Mr. Ledferd also noted that the Agency and City Council recently approved a change to Multiple Family located a couple blocks to the North of this property. Agency Member McCoy questioned the viability of the property being developed as Single Family. He questioned whether the property should sit empty versus being developed. AGENDA March 22, 2005 -Land Plann IV. New Business, continued. ACTION -`-DISCUSSION-= V[YF 5of10 A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 003-SSA, continued. Jim LaRue explained that there has recently been more development than expected four or five years ago. Mark Goodbread, partial property owner and applicant, addressed the Agency. He explained that his father had recently changed the zoning and land use on a property a couple blocks to the North of this one to Multiple Family. Mr. Goodbread explained that he felt that this development would • be good for the area due to being located so close to the hospital and schools. He explained that they are proposing to construct twelve hundred square foot townhouses with two bedroom and two bathrooms. The price range for the project is proposed to be around one hundred twenty thousand to one hundred fifty thousand dollars. John Cook, City Attorney and Interim City Administrator, explained that the decisions are usually easier when more information is provided, however the information needed is usually not provided until the Site Plan phase of the development. Mr. Cook recommended that since this proposed development is located within an environmentally sensitive area, the Agency can require that the property owner meet all requirements necessary through the Water Management District. Mr. Cook explained that the focus of this Agency is whether the proposed land use is right for this area. Agency Chairperson questioned whether there was any questions or concerns from the audience. Kelly Johnson, surround ing;property owner, addressed the A enc He explained ow locateda � NE 9` Street. Mr. Johnson stated that he is concerned with the zoning and land use being changed to Multiple Family, due to his future plans • to change the zoning and land use on his own property to Industrial. John Cook explained that Mr. Johnson could apply at anytime to change the zoning or land use on his property. He also explained that the more intense use of Multiple Family, rather than lighter use of Single Family may help the petition. Mr. Johnson thanked Mr. Cook and the Agency for hearing his concerns. March 22, 2005 - Land Planning Agency - Page 6 of 10 AGENDA ACTION'- DISCUSSION VOTE • . ;may: IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 003-SSA, continued. William Mason, surrounding property owner, explained that he owns a large portion of the swampland along Taylor Creek. He explained that since the completion of the new bridge on Northeast Ninth Street the water in the Creek has risen four to five feet. Mr. Mason requested that the Agency place a time limit for development, and if the development is not completed in the allotted time it will resort back to Single Family. Mr. Mason explained that he is concerned xyith the development of that area, and if this nice development falls through, he does not want a low income housing project to move in to the neighborhood. John Cook explained that placing a time limit on the development of the property was not • permitted. There was no further comment from the public. Agency Member McCoy noted that there was an alley in the middle of the property and questioned whether that would need to be abandoned prior to the property being developed. Jim LaRue responded that the abandonment would need to be completed prior to the proposed development. He reminded the Agency that the key issue it the compatibility of the proposed use. Agency Member Hoover noted that depending which way you are driving from will affect your feel of whether the proposed use is compatible. If you are driving from Highway 441 toward the east you will see Commercial, Industrial, then Single Family, and Single Family, Industrial. and Commercial if you're coming from the Creek. John Cook reminded the Agency Member's that if the petition was recommended for denial to be sure and include the areas of the Comprehensive Plan that the petition is not consistent with- and if recommending approval to state that the petition does comply with the Comprehensive Plan. There was no further comments or questions from the Agency. Agency Member Hoover motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 05-003-SSA to change the land use designation from Single -Family to ;Multi -Family as it is consistent with the Comprehensive Plan; seconded by Agency Member McCoy. IV. New Business, continued. • AGENDA A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 003-SSA, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. OS- 004-SSA. Consider a recommendation to the City Council, to change the land use designation from Single-Familv to Multi -Family. The subject property is the East 9.9 acres lying North of Southwest 6`h Street and South of Southwest Park Street in Section 21. Township 37 South, Range 35 East. Frank Altobello is the property owner and applicant - City Planning Consultant. March 22, 2005 - Land VOTE JONES - YEA T. KELLER - YEA K. FELLER - YEA LEDFERD - YEA MAVROIDES- YEA MAXWELL - YEA MCCOY-YEA MOTION CARRIED. - Pa2e 7 of 10 Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The applicant is requesting the Multi -Family Future Land Use category to develop 9.9 acres of land as a 96 unit Multi -Family development. This would allow approximately 10 units per acre. Planning Staff Report Comprehensive Plan Analysis: (A) In examining the Multi -family Future Land Use category, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single Family Future Land Use category has classification and have development limited to Single Family residences. (B) The OUA determined that sewer and water can be made available to this property. (C) The existing neig residential intensity with a proposed low density residential development occurring to the North of the property. Commercial and industnai uses occupy property to the East and pan of the North. Residential Multi -Family apartments would be inconsistent with the existing pattern of the neighborhood. This area, if allowed to be changed to Multi -Family, could cause more rezonings in this single family area. (D) There is no evidence presented to show, that this property, in terms of infrastructure capacity and compatibility would be best served by changing its Future Land Use category to Multi -family. Planning Staff Report Analysis and Conclusions: Based on the above information, the request to amend Small Scale Future Land Use Map from Single -Family to Multi -Family should be denied. • • EXHIBIT 6 APwL 5, 2005 MEMORANDUM C 1815 A To: Mayor and Council From: Lane Gamiotea, City Clerk 10 Subject: Ordinance No. 891/Future Land Use Map Amendment No. 05-004-SSA Date: March 30, 2005 This is the final public hearing regarding Ordinance No. 891 to consider approving Comp Plan Small Scale Future Land Use Map Amendment Application No. 05-004-SSA. The application was submitted by the property owner, Frank Altobello. The request is to change the land use on 9.9 unplatted lands in thp Southwest section, from Single Family to Multi -Family. Please refer to the map attached for the exa t location of the property. • All fee's have been paid. • The ordinance was advertised in the Okeechobee News on March 24. • The Planning Staff found the application to be in compliance with the Comprehensive Plan has recommended agproval. The Land Planning Agency voted unanimously to recommend aJ2ar0val as well, see attached March 22, 2005 Meeting minutes. • Due to this being a small scale (less than 10 acres) amendment, it is not necessary to mail notices to the surrounding property owners, nor post a sign on the property. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. • ORDINANCE NO. 891 • AN ORDINANCE OF THE CITY OF OKEECHOBEE, F THE CITYOF OKEECHOBEE COMPREHENSIVE PL 635 AS AMENDED, BY REVISING THE FUTURE L CERTAIN TRACTOF LAND MORE PARTICULARLYI FROM SINGLE-FAMILY TO MULTI -FAMILY; INCLUSION OF ORDINANCE AND REVISED FUTUF THE COMPREHENSIVE PLAN; PROVIDING FOR A WHEREAS, the City Council of the City of Okeechobee orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, provide for amendment to Adopted Comprehensive .ORIDAAMENDING ,N,ORDINANCENO. ND USE MAP ON A ESCRIBED HEREIN PROVIDING FOR LAND USE MAP IN EFFECTIVE DATE. gnizes the need to plan for lorida Administrative Code ans; and WHEREAS, the City has received and reviewed certain app ication(s) (No. 05-004-SSA) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being -eviewed by the City's Land Planning Agency at a duly advertised meeting, and su mitted 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; a d WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before 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: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development A tivities Comprehensive Plan Amendment is adopted pursuant to the provisions o Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of Opproximately 9.9 acre(s) is hereby redesignated for purposes of the Futur Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 05-004-SSA, from Single -Family to Multi -family. The Legal Description of Subject Property io as follows: The East 9.9 acres lying North of Sou hwest 61h Street and South of Southwest Park Street in Se ion 21, Township 37 Page 1 of 3 South, Range 35 East, Okeechobee ounty, Florida being described as follows: Beginning at the Southwest corner of the property described in O.R. Book 452 Page 1439, Public Records of Okeechobee County, Florida, bear Westerly along the North right-of-way line of Southwesl 6th Street a distance of 288.9 feet more or less; thence bear ortherly along a line parallel to the Westerly right-of-way lie of the Sea Board Coast Line Railroad as located along thE East boundary of the Altobello Trust to the intersection with a ine and the extension thereof, 100.0 feet South of and parallel o the South boundary of the land described in O.R. Book 2 3 Page 257, Public Records of Okeechobee County, Florid i, a distance of 997.6 feet more or less; thence bear Easterly long a line parallel to the South boundary line of that parcel of land described in O.R. Book 293 Page 257, Public Records of Okeechobee County, to the intersection with a line lying 70.0 feet East of and parallel to the East boundary line of property described in O.R. Book 293 Page 257, Public Re rds of Okeechobee County, a distance of 49.7 feet more or less; thence bear Northerly along line and the extension thereof lying 70.0 feet East of the East boundary of the property described in O.R. Book 293 Page 257, Public Record of Okeechobee County Florida, to the intersection with a curve concaving to the Northwest in the South right-of-way line of Southwest 2nd Street, a distance of 540.8 feet more or less; thence Northeasterly along arc of said curve a d the right-of-way of Southwest 2nd Street to the intersection with the South right-of- way line of Southwest Park Street, a c istance of 338.4 feet more or less; thence Easterly along the South right-of-way line of Southwest Park Street to the intersection with the West right-of-way line of the Sea Board Coast Line Railroad right-of- way a distance of 123.0 feet; thence bee r Southerly along said West right-of-way line of the Sea Boarc Coast Line Railroad, a distance of 1043.3 feet; thence bee r Westerly along the South right-of-way line of the Sea Board Coast Line right-of- way and the South line of the property d ascribed in O.R. Book 463 Page 1488, Public Records of Okeechobee County, Florida, to the Northwest corner of the property described in O.R. Book 316 Page 1439, Public Records of Okeechobee County, Florida, a distance of 95.2 feet; thence bear Southerly along the West line of the property described in O.R. Book 316 Page 1439, Public Records of Okeechobee County, Florida, to the intersection with the property described in O.R. Book 452 Page 1439, Public Records of Okeecho ee County, Florida, a distance of 695.1 feet; thence bear Westerly to the Northwest corner of the property described in O.R. Book 452 Page 1439, Public Records of Okeechobee County, Florida, a distance of 50.4 feet; thence bear Southerly alonc the West line of the property described in O.R. Book 4521 Page 1439, Public Records of Okeechobee County, Florid 3, a distance of 76.17 feet more or less to the point of beginnirig. SECTION 4. INCLUSIONOF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of hereby provided, that the provision of the Ordinance, Land Use Map more particularly described as "Fu Okeechobee, March 19, 1991, as amended De incorporated herein by reference, shall become and Okeechobee Comprehensive Plan (City of Okeech amended). :eechobee, Florida and it is id the revisions to the Future re Land Use: 2000 City of ;tuber 6, 1994", which is e made a part of the City of )ee Ordinance No. 635, as Page 2 of 3 SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declare by any court of competent jurisdiction to be void, unconstitutional, or unenfo ceable, 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 891 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 5t day of April , 2005. ATTEST: Lane Gamiotea, City Clerk ADOPTED after first reading on the 51' day of April , 200 ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 3 of 3 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 213 Fax: (863) 763-1686 --------------------- Date: as 0-5 P tition No. 0 J -�y - SS►� Fee Paid: r O - Jurisdiction: ` co— Ist Hearing: Publication Dates: Notices ;failed: a 3i I05 2t d Hearing: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) — Large Scale A endment (Over 10 Acres) ✓ Name of property owner(s): FR�WK f}LTo &ELLO T,Q(/S P Owner mailing address: Ud X L{� If OUSCROBFF IFL, 3 `f I1g3 _ OW14 L Name of applicant(s) if other than owner (state relationship): CApplicant mailing address: A y Name of contact person (state relationship): T Contact person daytime phone(s): y0-*4- 31 1-/- %`r00 Fax: L10 :77y_Q 4413 ✓I Property address /directions to property: 0 .S'w, a/v,� S70ZFT1 OKf�-yC�, Parcel Identification Number: a - oZ l- 3 - 3S = a1400-0 Q0 6 - 0000 Size of the Property (in acres): 94YT1k! dS- T 9 9 i4GVS Current Zoning Designation: NO/-10 G P R Current Future Land Use Designation: ,S-P - I 0 P Existing Use of the Property: VACi4/(/ 7' E Proposed Future Land Use Designation: iY1 F R T Proposed Use of the Property: Y AR S2QFi 7-X4G MUL ?Z FA�+'11 C. y pvs G Description of Surrounding Properties: C'01V71 7F4C���, � TQ1••�fG� Z?vS T%"?'vr?o.-✓,4L CcAwA ctir) Alvo T pT71-4*L Legal Description of the Property (Lengthy Description IMay be Attached)-E46'TjftV ►aS'T 4 q '�/- 4CAES d.9 u,�va44 T 7S- 4 L141v4 �' d Or- TyE C17 Y ff 40A-149 R*14 'A of U/ YX F xcFpT 64AM 7'o YA4A C& 4 S1 f14g4 LOFAK,4Vs ; /V oA sty 6-� `; Q F T( BZ'V 5. /v TH Required Attachments _ Survey of Property (11" x 14", 20" Scale) Application Letter Outlining Request City Notarized Letter of Owner's Authorization Fee (non-refundable) Location Map Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The info this application is for use by the City of Okeechobee in processing my request. misleading information may be punishable by a fine of up to $500.00 and iinprisonrnent and may result in the summary denial of this application. ation included in False or of up to a),Ojdas b ure Printed Name ate 2 of 2 • u February 21, 2005 City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, FL 34974-2903 Re: Rezoning and Comp Plan Amendment Request Easternmost 9.9+/- Acres of Parcel#2-21-3 7-3 5-OA00-00006- 0000 To Whom It May Concern: This letter hereby outlines my request to rezone the above Holding to RMF, and amend the comprehensive plan map f outlined in the attached applications. Please contact me if you s1 or require any additional information. Thank you for your consideration of my request. Sincerely, Frank Alotbello Trustee -enced parcel from SF-1 to I1 F as have any questions, 9<� O� <<O �9 OR BOOK 293 PAGE 257 997.60' 100' a �o ru 75 � PARCEL TO BE REZONED 19 540 AREA= 9.9 ACRES a; � l043.25' A SCL RA / LROAO R/W 695. !0' m so PGE8003 316 C3 ri co S. W. 7 TH AVENUE m Ufl F I I w Z a uu� S. W. 9 TH AVENUE a J, a ti 0 L EL ND D YA L S R. L. S. 2084 S. W. 3rd Ave., Okeechobee. Fla. PHONE. 793-4909 FAX..... 78.�1-2600 SGAWi' - ' Lmrim ALTOBELLO TH11ST 21/37/36 cow r. F I NLAY AC0UIS T I 0 N 3/uM r N.: 8147 "�`304 � �i�I � 1 NM R"Isto lfd 0G7F er BIEAL F. 9. /J+p : CO. XX/00 LARUE PLANNING & MAN • MANAGEMENT ERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 e-mail: larue-planning@att.net Memo To: City Council From: James G. LaRue, AICP Date: March 24, 2005 Subject: Frank Altobello, Trustee Small Scale Amendment ( 5-004-SSA) Frank Altobello, Trustee Rezonirta Request (05-003 R) Please consider this memo an update to the original Staff Reports f r these items. New information was made available at the March 22°d LPA public hearing. Our original Staff Report of March 16`h, expressed concerns regarding public infrastructure capacity, potential traffic impacts and compatibility. There originally was not much evidence presented with this application that pointed to a need or capacity for this change in Fut re Land Use from Single - Family to Multi -Family. However, new information was presented at the meeting: (1) Evidence was presented to show how ingress/egress for development at this site could be achieved from S.W. 2» d and S.W. 6"' Streets. (2) Institute of Traffic Engineers (ITE) peak -hour trip-generatiori typical rates for Multi - Family use were presented illustrating that while Multi -Family dwelling units could be twice the Single -Family units at this site, traffic impact rates for Multi -Family use are typically 25% to 45% less in volume than Single -Family use. (3) The proximity of the railroad track and Industrial uses to thEast were visible deterrents for Single -Family development at this location, as well as ulti-Family uses to the North. (4) Confirmation was made by the applicant that sewer and wat r would be provided by OUA. I • LARUE PLANNING & MANAGEMENT SOV[CES, IIIC. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 e- nail: larue-planning@att.net Based on the above information the Staff withdraws its previous objf that the LPA recommended that the Small Scale change be approved. the Zoning change. JGL:vr It should also be noted Tile same action was made for • 1375 Jackson StS Suite 206 Fort Myers, FloriM33901-2845 Phone: 39-334-3366 Fax: 239-334-6384 Email: arue-planningAatt.net Staff Report - Smell Scale Comprehensive Plan Amendment Prepared fog: The City of Okeechol Applicant: FNankAMtobello, Trus From: Single Family to Mul; Petition No. 05-004-SSA Family Staff Report • • Small -Scale Comprehensive Plan Amendment Applicant: Frank Altobello Petition No. 05-004-SSA Applicant: Frank Altobello Applicant Address: Box 417, Okeechob e, FL 34973- 0417 Applicant Phone Number: Paul F. Okonski, Ag nt 407-314-1900 Owner: Owner Address: Frank Altobello Box 417, Okeechobe , FL 34973- 0417 Owner Phone Number: Paul F. Okonski, Ag t 407-314-1900 Future Land Use Map Single -Family y ML lti-Family Zoning District IndustrialIND ( ) Re idential Multiple Use of Property Vacant Family (RMF) 96 nit Multiple Family Acreage 9.9 Ho sing Access S W 2" or S W 6t' 9.9 S W Location: 0 S.W. 2"d Street, Okeechobee, FL Legal Description: The East 9.9 acres lying North of Sou hwest 6th Street and South of Southwest Park Street in Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida being described as follows: Beginning at the Southwest corner of the property described in O.R. Book 452 Pagel 39, Public Records of Okeechobee County, Florida, bear Westerly along the North right-of-way line of Southwest 6th Street a distance of 288.9 feet more or less; hence bear Northerly along a line parallel to the Westerly right-of-way line of the Sea Board Coast Line Railroad as located along the East boundary of the Altobell Trust to the intersection with a line and the extension thereof, 100.0 feet South of ai d parallel to the South boundary of the land described in O.R. Book 293 Page 257 Public Records of Okeechobee County, Florida, a distance of 997.6 feet more Dr less; thence bear Easterly along a line parallel to the South boundary line oft iat parcel of land described in O.R. Book 293 Page 257, Public Records of 01,,eechobee County, to the intersection with a line lying 70.0 feet East of and parallel to the East boundary line of property described in O.R. Book 293 Page 257, Public R cords of Okeechobee County, a distance of 49.7 feet more or less; thence bear Noy herly along line and the extension thereof lying 70.0 feet East of the East boundary of the property described in O.R. Book 293 Page 257, Public Record of Okeechobee County Florida, to the intersection with a curve concaving to the Northwest in the South right-of-way line of Southwest 2nd Street, a distance of 540.8 feet more or less; t ience Northeasterly Staff Report • • Small -Scale Comprehensive Plan Amendment Applicant: Frank Altobello Petition No. 05-004-SSA along arc of said curve and the right-of-way of SouthlAest intersection with the South right-of-way line Southwest 2nd Street to the of 338.4 feet more or less; thence Easterly along the Soutri Southwest Park Street to the intersection Park Street, a distance of right-of-way line of with the West Board Coast Line Railroad right-of-way a distance of 1 Southerly along said West right-of-way line of the Sea 3.0 feet; thence bear right-of-way line of the Sea distance of 1043.3 feet; thence bear Westerly along the Board Coast Line Railroad, a South Sea Board Coast Line right-of-way and the South line c O.R. Book 463 Page 1488, Public right-of-way line of the f the property described in Records of Okeechobee Northwest corner of the property described in O.R. Book County, Florida, to the Records of Okeechobee County, Florida, a distance of 95.2 Southerly along the West line 316 Page 1439, Public feet; thence bear of the property described Public Records of Okeechobee County, Florida, to the iiitersection in O.R. Book 316 Page 1439, described in O.R. Book 452 Page 1439, Public Records Florida, a distance of 695.1 feet; thence with the property of Okeechobee County, bear Westerly to property described in O.R. Book 452 Page 1439, Public the Northwest corner of the Records County, Florida, a distance of 50.4 feet; thence bear Sou the property described in O.R. of Okeechobee herly along the West line of Book 452 Page 1439, Public County, Florida, a distance of 76.17 feet more or less Records of Okeechobee to the point of beginning. North: Future Land Use Map Classification: ' Multi-Fami y Zoning District: Residential ultiple Family Existing Land'Use: (RMF) Multi -Family Housing East: Future Land Use Map Classification: Industrial Zoning District: Industrial (I Existing Land Use: D) Industrial South: Future Land Use Map Classification: Single-Fami Zoning District: Holding (H) Existing Land Use: Vacant/Char West: Future Land Use Map Classification: Single-Fami] Zoning District: Holding (H) Existing Land Use: Single-Famil Residential The applicant is requesting the Multi -Family Future Land 9.9 acres of land as a 96 unit Multi -Family development. approximately 10 units per acre. id Residential (RSFI ) Ise category to develop ,is would allow 2 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Frank Altobello Petition No. 05-004-SSA A. Consistency with the Land Use Categories and 6an Policies. In examining the Multi -Family Future Land Use categ ry, the subject property would seem to be more consistent with Comprehensive Plan iolicies by remaining in the Single -Family Future Land Use category classification and have development limited to Single -Family residences. B. Coneurrency of Adequate Public Facilities The OUA has determined that sewer and water can be property. C. Compatibility with Adjacent and Nearby Land The existing neighborhood seems to reflect a low level proposed low density residential development occurrml Commercial and industrial uses occupy property to the Residential Multi -Family apartments would be inconsis of the neighborhood. This area, if allowed to be change( more rezonings in this single-family area. ll. Compliance with Specific Standards of the Plan. There is no evidence'presented to show, that this pi capacity and compatibility would be best served by category to Multi -Family. Based on the above information, the request to amend Map from Single -Family to Multi -Family should be d, Submitted by: James G. LaRue, AICP March 16, 2005 available to this ses f residential intensity with a to the North of the property. ast and part of the North. ,nt with the existing pattern to Multi -Family, could cause , in terms of infrastructure ing its Future Land Use 1 Scale Future Land Use L 1 3 ♦♦ y 4 lA �: d y; f a t r � r i Single -Family Detached Housing (210) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traff One Hour Between 7 and 9 a.m. Number of Studies: 280 Average Number of Dwelling Units: 210 Directional Distribution: 26% entering, 74% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.74 0.33 - 2.27 0.90 Data Plot and Equation 3,000 N C , W 0 2,000 ....... -------------- ------------- ------- -- L E- X N ' V ; Z X N c� X L m Q 1,000X ------------ If X X X X X X 0 0 1000 2000 3000 X = Number of Dwelling Units X Actual Data Points Fitted Curve ------ Average Rate Fitted Curve Equation: Ln(T) = 0.867 Ln(X) + 0.398 R2 = 0.89 ic, Trip Generation, January 1991 259 Institut of Transportation Engineers Single -Family Detached Housi 210 g (< 300 Units) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour B tween 7 and 9 a.m. Studies:Number of Average Number of Dwell) ngUn0 s: 28 Directional Distribution: 26o enterin, Trip Generation per Dwelling Unit Average Rate Range of Rates 0.74 0.33-2.27 Data Plot and Equation 400 (Subset of Data Plotted on Page 74% exiting Standard Deviation 0.90 CO) 300 ------------------------ ------ W X------------- --- ---- X a Z X U X -C X X i 200 -- - X : X X- ZT X : X X X, xC X X X �C X > Q X XX ' XX:X X II X XXXXX X X X f— 100 X X X XX ;X X X X X X X Xx X �� X XX------------ X X XX X: X X XX X; X X X X X X X X X, XX X X 0 0 50 100 150 200 250 X = Number of Dwelling Units 300 X Actual Data Points Fitted Curve ------ Average Rate Fitted Curve Equation. Ln(T) = 0.867 Ln(X) + 0.398 R2 = 0.89 Trip Generation, January 1991 260 Institute of Transportation Engineers • • Single -Family Detached (210) Housing Average Vehicle Trip Ends vs: Dwelling Un is On a: Weekday, A.M. Peak H ur of Generator Number of Studies: 339 Average Number of Dwelling Units: 190 Directional Distribution: 26% entering , 74% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.76 0.33 - 2.27 0.91 Data Plot and Equation 3,000 N C W 2,000 - - - d-- ------- - ....... X N _U L • j X N � X N X II X X X X XXX X XXX 0 0 1000 20100 3000 X = Number of Dwelling Units X Actual Data Points Fitted Curve ------ Average Rate Fitted Curve Equation: Ln(T) = 0.858 Ln(X) + 0.464 R2 = 0.89 Trip Generation, January 1991 263 Institute of Transportation Engineers Single -Family Detached HOus n 2 .I 0 g (< 300 Units) ) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, A.M. Peak our of Generator Number Of 39 Average Number of Dwell) ngtUnits: 1go Directional Distribution: 260 entPri Trip Generation per Dwelling Unit Average Rate Range of Rates 0.76 2.27 Data Plot and Equation 400 (Subset of Data Potted on Page 74% exiting Standard De 0.91 W 300 X -- W X Q > _V X X X C 200 : X X X X X x-X-------- X.' X m X X X_ - kC X X X X X �f( X X , Q : X X X X �X X X) X X II X X� -'X X XX : X X X�X A ,>' XX F- 100 -X------X- �SCXXX x X X X• X X `----- X._X -XX X X - X X X X( k X XX; X X x zr Xz A' 0 - �x X 0 50 100 150 200 250 X = Number of Dwelling Units 300 X Actual Data Points Fitted Curve ------ Average Rate Fitted Curve Equation: Ln(T) = 0.858 Ln(X) + 0.464 R2 = 0.89 Trip Generation, January 1991 264 Institute o Transportation Engineers Low -Rise Apartment (221) Average Vehicle Trip Ends vs: Occupied On a: Weekday Number of Studies: 22 Average Number of Occupied Dwelling Units: 264 Directional Distribution: 50% entering, (ling Units exiting Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates Standard Deviation 6.59 5.10 - 9.24 2.84 Data Plot and Equation 7,000 6,000 ..... ... - . ........... --------------- ---- ------------ d-- CD 4,000 .... a) 3,000 x; :...... :.-.. Q X, ; II 2,000 X-..... , xx -' -x x. 11000 ....... ' x..... ................ 0 0 100 200 300 400 500 600 700 800 900 1000 1100 X = Number of Occupied Dwelling Units X Actual Data Points Fitted Curve ------ Average Rate Fitted Curve Equation: Ln(T) = 0.821 Ln(X) + 2.898 R2 = 0.91 Trip Generation, January 1991 348 Institute c�f Transportation Engineers Low -Rise Apartment (221) Average Vehicle Trip Ends vs: Occupied On a: Weekday, Peak Hour One Hour Number of Studies: 26 Average Number of Occupied Dwelling Units: 255 Directional Distribution: 20% entering, Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates 0.47 0.25 - 0.86 Data Plot and Equation 600 ling Units Adjacent Street Traffic, ween 7 and 9 a.m. exiting Standard Deviation 0.70 500 C LLl 400 CL --, ----,. -- ---- 300 L ; > . C X >C cL0 X Q 200 -X---- ----- -- X; 100------;-X X X ---- ------- • X• X X/ 0 �.. O 100 200 300 400 500 600 700 X = Number of Occupied Dwelling X Actual Data Points Fitted Curve I Fitted Curve Equation: Ln(T) = 0.829 Ln(X) + 0.187 Trip Generation, January 1991 349 its 900 1000 1100 1200 ------ Average Rate R2 = 0.82 Institute lof Transportation Engineers Low -Rise Apartm nt (221) 7 Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday, A.M. Peak Flour of Generator Number of Studies: 35 Average Number of Occupied Dwelling Units: 262 Directional Distribution: 20% enterina. Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates 0.51 0.25 - 0.98 Data Plot and Equation 600 exiting Standard Deviation 0.73 ;X 500 ------' ---- C , !1J 400 _..._; -- ----- ------ U C 300 -----; --- ...... X ?C X X Q 200 ...... X X ---------------. . ------ -- II. F- : X' ---- --- 0 X X. X X; X. i X . .;. --------------- X 0� 0 100 200 360 400 500 600 700 800 900 1000 1100 1200 X = Number of Occupied Dwelling Units X Actual Data Points Fitted Curve ------ Average Rate Fitted Curve Equation: Ln(T) = 0.857 Ln(X) + 0.119 R2 = 0.85 Trip Generation, January 1991 351 Institute f Transportation Engineers Residential� Condominiu (230) Average Vehicle Trip Ends vs: Dwelling Un On a: Weekday, Peak Hour o One Hour BE • ownhouse Adjacent Street Traffic, ween 7 and 9 a.m. Studies:Number of 4 Average Number of Dwelling Un Units: 2 00 Directional Distribution: 177 entering, 83% exiting Trip Generation per Dwelling Unit EE Average Rate Range of Rates Standard Deviation 0.44 0.15 - 1.61 0.69 Data Plot and Equation 600 Soo ------------ C W 400 300 - - - -I '. .. . N-----. -X- N : X X:' ; Q 200' X * ; II :X : ••-- ............ X 4<, 100 X X; X - X ............ X X 0" X 0 100 200 300 400 500 600 700 800 , 900 1000 1100 1200 1300 X = Number of Dwelling Units X Actual Data Points Fitted Curve ------ Average Rate Fitted Curve Equation: Ln(T) = 0.787 Ln(X) + 0.314 2 = R OJ4 Trip Generation, January 1991 383 Institute of Engineers Residential Condominium ownhouse (230) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, A.M. Peak Hour of Generator Number of Studies: Average Number of Dwelling Units: Directional Distribution: 49 187 18% enterin , 82% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates 0.44 0.15 - 0.97 U L;--. m 300 ---.... .. ... N X 200 X Q ;k X :X X X 100 X X XX X 0 X t ,! O 100 200 X Actual Data Points 300 400 500 600 700 800 X = Number of Dwelling Units Fitted Curve Fitted Curve Equation: Ln(T) = 0.808 Ln(X) + 0.209 .` Trip Generation, January 1991 385 Standard Deviation 0.69 --- --- --- - -X-- 900 1000 1100 1200 1300 ------ Average Rate R2 = 0.78 of Transportation Engineers AGENDA March IV. New Business, continued. ACTION `DIS A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 003-SSA, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 004-SSA. Consider a recommendation to the City Council, to change the land use designation from Single -Family to Multi -Family. The subject property is the East 9.9 acres lying North of Southwest 6` Street and South of Southwest Park Street in Section 21, Township 37 South, Range 35 East. Frank Altobello is the property owner and applicant - City Planning Consultant. VOTE JONES - YEA T. KELLER - YEA K. KELLER - YEA ,LEDFERD - YEA MA V ROI D ES -YEA MAXWELL - YEA MCCOY-YEA MOTION CARRIED. 2005 - Land Planning Agency - Page 7 of 10 >SION'= VOTE _ Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The applicant is requesting the Multi -Family Future Land Use category to develop 9.9 acres of land as a 96 unit Multi -Family development. This would allow approximately 10 units per acre. Planning Staff Report Comprehensive Plan Analysis: (A) In examining the Multi-famil- Future Land Use category, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single Family Future Land Use cate2ory classification and have development limited to Single Family residences. (B) The OUA-has determined that sewer and water can be made available 11-gilyarnood seems to reflect a low level of residential intensity with a proposed low density residential development occurring to the North of the property. Commercial and industrial uses occupy property to the East and part of the North. Residential Multi -Family apartments would be inconsistent with the existing pattern of the neighborhood. This area, if allowed to be changed to Multi -Family, could cause more rezonings in this single family area. (D) There is no evidence • presented to show, that this property, in terms of infrastructure capacity and compatibility would be best served by changing its Future Land Use category to Multi -family. Planning Staff Report Analysis and Conclusions: Based on the above information, the request to amend Small Scale Future Land Use Map from Single -Family to Multi -Family should be denied. IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 004-SSA, continued. • March 22, 2005 - Land Planning Agency - Page 9 of 10 -ACTION"DISCUSSION-VOTE Tom Conely introduced Barry Hertz to the Agency. Mr. Hertz explained the proposed development. He listed several of the amenities that will come with the proposed development, they are: a very nice landscaping package, swimming pool, clubhouse, and a security fence around the perimeter of the property. Agency Member T. Keller questioned when the proposed project will be started. Mc Hertz explained that if approved, the proposed development would like to be started around the end of 2005, or the beginning of 2006. Agency Member Jones questioned if the development would be a low income development. Mr. Hertz responded that it will be a working mans income, however it will not be subsidized. Kathleen Wherrel., surrounding property owner, explained that she is not interested in a proposed Multi -Family development. She explained that only Single Family housing is nearby and she would like to keep it that way. Ms. Wherrel explained that the proposed location of the development is very low and wet property which floods when there are heavy rains. John Cook, City Attorney and Interim -Administrator, explained that the decision of the Agency is to be based on the compatibility of the area. The drainage and access will be taken care of at Site Plan. Agency Member McCoy questioned the process of the adjoining property to the w1 by Mr. Altobello, applying to change the zoning and land use to Multiple Family. John Cook replied that they would have to follow the Large Scale Map Amendment process. Agency Member McCoy then questioned if the property owner could call it a phase two development of the project. Jim LaRue stated that if the same owner was proposing the development, the project would be considered as a Large Scale Map Amendment and would need to follow those guidelines. March 22, 2005 - Land Planning Agency - Page 10 of 10 AGENDA ACTION - DISCUSSION - VOTE IV. New Business, continued. I A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Agency Member Creech motioned to recommend to City Council to approve Comprehensive Plan, 004-SSA, continued. Future Land Use Map Amendment Application No. 05-004-SSA to change the land use designation from Single -Family to Multi -Family since it is consistent with the Comprehensive Plan; seconded by Agency Member T. Keller. VOTE .ZONES - YEA T. KELLER - YEA • K. KFLLER - YEA LEDFERD - YEA" MAVROIDES- YEA MAXWELL, - YEA MCCOY - YEA MOTION CARRIEI). V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will 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 rapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ATTEST: Katrina Cook, Secretary There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 8:16 p.m. • • I es! Oaks,- l pallatenls Honstoia, Texas 168 Units- L I ITC 117esl Oaks Aparildents I 10//S/011, Te.".as 16S Units- I-B-IR-1 Raulerson Hospital 1796 Highway 441 North P. O. Box 1307 Okeechobee, Florida 34973-1307 Phone (863) 763-2151 www.ratilersorlhospital.com March 21, 2005 Mr. William Ledferd, Chairman City of Okeechobee Land Planning Board 55 SE 3rd Avenue Okeechobee FL 34974 RE: Comprehension Plan/ Future Land Use Map Amendm nt Petition # 05-004-SSA Rezoning Petition # 05-003-R Dear. Mr. Ledferd: As an employer in Okeechobee, I am in approval of the above r ferenced petitions; rezoning and building of a multi -family apartment building. It would be very beneficial to our staff and to our vendors to have additional apartments available in Okeechobee. When recruiting from other cities and states, temporary housing is often a question. There are very few complexes to choose from in town, particularly with the amenities proposed in this building's plan. Additionally, the location of this lot is attractive to newcomers, as it is close to town. Please reconsider the approval of the two petitions referenced Sincerely, Patrick Brian Melear Chief Nursing Officer PBM/dev N -esl Oaks ,-Jpar1,,j1en1j- I-loilslon, Texas 16S Units- I—Ifl-rC 0 0 WlSZ Oaks -11parl CZZ » ƒlouslon,Texas 16S Unils, LII C C of Okeechobe Comprehensive Plan Future Land Use Map CASE M 96 -66 Lt- SSi9 FROM: L !4 yyt IL t� To: ... t E C' # J• } #iAme 4! & T ■ I C IN it°■ ■ ■ �I l 9 �; . r.... �." 1 '_ -.. •:. •" a �R{ ; i _ - _- _ a ` t ® a Legend SINGLE - FAMILY •� _ 4 - MULT - FAMILY INDUSTRIAL _ _ - PUBLIC FACT _ ° `Yy1OzdBA P»aP"Apgma s off�e 0 500 1,000 2,000 3,000 4,000 • • EXHIBIT 7 APRIL 5, 2005 ORDINANCE NO. 892 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FI THE OFFICIAL ZONING MAP OF OKEECHOBEE CERTAIN TRACT OF LAND MORE PARTICULARLY D FROM RESIDENTIAL SINGLE FAMILY (RSF-1) ZOI RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DI: THE ZONING MAP ACCORDINGLY, PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. 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 descrit filed a petition (Petition No. 05-002-R) pursuant Regulations of the City of Okeechobee for the purpo: of land consisting of 3.18 acre(s) from Residential Zoning District to Residential Multiple Family (RMF) , request be removed from the boundaries of the above the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with Plan and deems it in the best interest of the inhabital aforesaid revised Zoning Map as hereinafter set forth: -ORIDAAMENDING BY REZONING A ESCRIBED HEREIN, VING DISTRICT TO ;TRICT, AMENDING FOR CONFLICTS, i has adopted Ordinance adopted for said City; and d hereafter, has heretofore the Land Development of rezoning a certain tract ingle Family -One (RSF-1) :)ning District and that this ientioned zone to allow for the City's Comprehensive its of said City to amend NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented a t a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or delsignee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION Lots 14 through 19, Block 32, Okeechobee, as rec rded thereof in Plat Book 5, Page 5, of the public records of Okeechobee County, Florida; and Lots 7 through 19, Block 35, Okeechobee, as rec rded thereof in Blat Book 5, Page 5, of the public records of Okeechobee ounty, Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family - One (RSF-1) Zoning District to Residential Multiple Family (RMF) District. SECTION 3. CONFLICT All ordinances or parts of ordinances in repealed. herewith are hereby Page 1 of 2 SECTION 4. SEVERABILITY • If any provision or portion of this ordinance competent jurisdiction to be void, unconstitutic remaining provisions and portions of this ordir and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately t 2005. INTRODUCED for first reading and set for final publi, ATTEST: Lane Gamiotea, CMC, City Clerk James E. PASSED AND ADOPTED after Second and Final April, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, s declared by any court of A or unenforceable, then all rice shall remain in full force ion its passage. hearing on this 51h of April, , Mayor Hearing this 19`h day of Mayor Page 2 of 2 • • City of Okeechobee Date: a 1 k 0 S - General Services Department Fee Paid:- 55 S.E. 3ra Avenue, Room 101 l- a-3 Okeechobee, Florida 34974-2903 lst Hearing: OcJ Phone: (863) 763-3372, ext. 218 Publication Dates: 'q Fax: (863) 763-1686 Notices Mailed:. Uniform. Land Use Application Rezone - Special Exception - Variance J A P P L I C A. N T Name of property owner(s): Owner mailing address: 4!� Name of applicant(s) if other than owner (state relationship): Applicant mailing address: / �� sc Name of contact person (state relationship): .kk 6 L/ V G-1 .- rr Contact ✓ Property address / directions to property: Indicate current use of property: � /n , Describe impr(pve�ments on property, inc l�l A , i . -�_ .Yfln . , Fax: JL q Y--L S-1-. 71- I, -A— i, number/type of dwellings and whether mNo. 05- Wa_ K iction: A f CC e�ng: 1+ I t 4 f ied (if none, so state): Approximate number of acres: ' -1 Is property in a platted subdivision?\% P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: R Kt J 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: 1 E R Is a sale subject to this application being granted? \1' T Y Is the subj `parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: South: e �:.fl,� Y>�^� 1,t �� �� East: Va- a /TA— West: Existing zoning: Future Land Use classification: Actions Requested: Rezone (_j Special Exception V iance Parcel Identification Number: II ✓ I Confirmation of Information Accuracy II I hereby certify that the information in this ap licat* is correct. The information included ' this aI II pplication is for use by the City of Okeechobee in processing my r uest. alse or misleading information may be p ishable by a fine of up to $500.00 and ' so nt of p to 3 da and m result in the summary denial of this app ication. Si a Printed Name a e Uniform Land Use Application (rev. 1103) Page 1 of 2 • E Current zoning classification: — t Requested zoning classifica on : R What is your desired permitted use under the proposed classification: 1 E Z � r<- y O N If granted, will the new zone be contiguous with a like zone? E Is a Special Exception necessary for your intended use? K) ;-,\ - �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 I If business, briefly describe nature including number of employees, hours, noise g neration and activities to be 0 N conducted 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 to the characteristic? Is so, describe: E What is the minimum variance necessary? Pave 7 of 2 Commercial Acreage • Groves Residential A Full Service Real Estate Firm Licensed Real Estate Broker State Cert. Res. REA 3326 January 13, 2005. Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Ave. Okeechobee, F134974-2903 RE; Applicants Statement of interest in property Dear Mrs. Vinson, To satisfy the requirements for rezoning parcel ID#"s 3-15-37 5-0010-00310-0110, 315-37-35-0010-00310-0230, 3-15-37-35-0010-003220-0080, 3 15-37-35-0010-00320- 0140, 3-15-37-35-0010-00350-0070, 3-15-37-35-0010-00350-01 40. My interest in the property is part owner and representative. If you have any ques ions concerning these parcels please give me a call. Tank you for your consideration. Respectfully Submni ed, AE. G dbrea Lic. Real Estate Associate (863) 763-4010 . (888) 874-2945 e FAX ( 104 N.W. 7th Avenue e Okeechobee, Fl( ) 763-1376 a 34972 e-mail:realestate@tucker-group.com . website: w .tucker-group.com �J • A Full Service Real Estate Firm Licensed Real Estate Broker State Cert. Res. REA 3326 December 9, 2004 Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Avenue Okeechobee, Fl. 34974-2903 RE: Land rezoning for JKM Inc. Dear Mrs. Vinson JKM of Okeechobee Inc. is a corporation of which I am a partia representing JKM of Okeechobee in their application to rezone residential multi family. If you have any questions concerning anything pertaining to parcel 4 `s ; 3-15-37-35-0010-00310-0111 35-0010-00320-0080, 3-15-37-35-0010-1 00310-0230, 3-15-37- 0010-00350-0070, 3-15-37-35-0010-00350-0140 please give m your consideration. Respectfully S bmitted, Mark Goodbread Lic. Real Estate Associate Commercial Acreage . Groves Residential 1 owner of and I am also their property to :his application or ), 3-15-37-35-0010- )0320-0140, 3-15-37-35- e a call. Thank you for (863) 763-4010 . (888) 874-2945 . FAX ( 63) 763-1376 104 N.W. 7th Avenue . Okeechobee, Flo ida 34972 e-mail:realestate@tucker-group.com 9 website: .tucker-group.com "7 Commercial Acreage . Groves Residential A Full Service Real Estate Firm Licensed Real Estate Broker State Cert. Res. REA 3326 January 13, 2005 Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Ave. Okeechobee, F134974-2903 RE; Statement of Special Reason and request for rezoning Dear Mrs. Vinson, To satisfy the requirements for rezoning parcel ID 4"s 3-15-37 35-0010-00310-0110, 315-37-35-0010-00310-0230, 3-15-37-35-0010-003220-0080, 3 15-37-35-0010-00320- 0140, 3-15-37-35-0010-00350-0070, 3-15-37-35-0010-00350-0 40. The reason for rezone is to change current zoning to residential multi family ba ed on the current market conditions and the need for residential multi family property in Okeechobee county. "C Mark E. G o breacr� Lic. Real Estate Associate (863) 763-4010 a (888) 874-2945 o FAX (8 3) 763-1376 104 N.W. 7th Avenue o Okeechobee, Florida 34972 e-mail:realestate@tucker-group.com o website: tucker-group.com • Q A Full Service Real Estate Firm Licensed Real Estate Broker State Cert. Res. REA 3326 January 13, 2005 Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Ave. Okeechobee, F134974-2903 RE; Intended use and Nature of activities and development of Dear Mrs. Vinson, To satisfy the requirements for rezoning parcel ID 4"s 3-15-37 315-37-35-0010-00310-0230, 3-15-37-35-0010-003220-0080, 3 0140, 3-15-37-35-0010-00350-0070, 3-15-37-35-0010-003504 rezone is to change current zoning to residential multi family ba conditions and the need for residential multi family property in i Respectfully SytlSmi d, � C Mark E. GoodbreAd Lic. Real Estate Associate (863) 763-4010 . (888) 874-2945 e FAX (E 104 N.W. 7th Avenue . Okeechobee, Flo Commercial Acreage . Groves Residential 35-0010-00310-0110, 15-37-35-0010-00320- 140. The reason for >ed on the current market )keechobee county. 53)763-1376 ida 34972 e-mail:realestate@tucker-group.com . website: wA tucker -group -corn 0 A Full Service Real Estate Firm StateLicensed tBroker State Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Avenue Okeechobee, Fl. 34974-2903 RE: Land rezoning for JKM Inc. Dear Mrs. Vinson JKM of Okeechobee Inc. is a corporation of which I am a parti; representing JKM of Okeechobee in their application to rezone residential multi family. If you have any questions concerning anything pertaining to parcel # `s ; 3-15-37-35-0010-00310-011 00310-0230, 3-15-37-35-0010-00320-0080, 3-15-37-35-0010- 0010-00350-0070, 3-15-37-35-0010-00350-0140 please give n your consideration. Respectfully Mark Go6dbread Lic. Real Estate Associate Commercial Acreage • Groves Residential owner of and I am also heir property to Us application or , 3-15-37-35-0010- 0320-0140, 3-15-37-35- a call. Thank you for (863) 763-4010 . (888) 874-2945 . FAX (8t3) 763-1376 104 N.W. 7th Avenue o Okeechobee, Flor�da 34972 e-mail:realestate@tucker-group.com 9 website: tucker-group.cotn • A Full Service Real Estate Firm Licensed Real Estate Broker State Cert. Res. REA 3326 January 13, 2005 Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Ave. Okeechobee, F134974-2903 RE; Use of surrounding properties Dear Mrs. Vinson, Commercial Acreage . Groves Residential To satisfy the requirements for rezoning parcel ID W's 3-15-37 35-0010-00310-0110, 315-37-35-0010-00310-0230, 3-15-37-35-0010-003220-0080, 3 -15-37-35-0010-00320- 0140, 3-15-37-35-0010-00350-0070, 3-15-37-35-0010-00350- 140. The current use of the property surrounding this property is multifamily to the No h, single family to the west and commercial on the parcels located on 9 th street Respectfully Sub tted,� at Gdod e � Lic. Real Estate Associate `J (863) 763-4010 . (888) 874-2945 . FAX (8 3) 763-1376 104 N.W. 7th Avenue . Okeechobee, Florida 34972 e-mail:realestate@tucker-group.com . website: .tucker-group.com i 0 A Full Service Real Estate Firm Licensed Rea! Estate Broker State Cert. Res. REA 3326 February 11, 2005 Katrina Cook 55 SE 3 rd Ave Okeechobee F134972 RE; KMJ Rezoning application Dear Ms. Sir or Main, I Joy Kidwell own controlling shares in the KMJ land company Goodbread the authority to act as an agent on my behalf. Respectfully Submjtted, Cti �. Jvy Kidw Commercial Acreage . Groves Residential I am giving Mark (863) 763-4010 . (888) 874-2945 . FAX (863) J63-1376 104 N.W. 7th Avenue . Okeechobee, Florida 14972 e-mail:realestate@tucker-group.com . website: www. -group.com 0 4011111I 0 F-ILE OR E This Instrument Prepared By SHARON DYEECH And Return to: RECORDI TOM W. CONELY, III RECORD COMELY &COMELY, P.A DEED DI Post Ofisc' Drawer 1367 RECDRDI Okeechobee, Florida 34973 Property Appraisers Parcel ID#: 3-15-37-35.0010-00310-0010 WARRANTY DEED THIS WARRANTY DEED Made the 30th day of Novemb OKEECHOBEE, INC., a corporation existing under the laws of Florida, place of business at 945 S.E. 23rd Street, Okeechobee, Florida 34974, herei K M J LAND, INC., a corporation existing under the laws of Florida, whose S.E. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantee: (Whenwer used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heir; individuals, and the successors and assigns of corporations). WITNESSETH: That the grantor, for and in consideration of the sum of $ considerations, receipt whereof is hereby acknowledged, hereby grants, bargai releases, conveys and confirms unto the grantee, all that certain land situate Florida, viz: NUN 2o04021147 00548 F•G 0334 IBERTSONr CLERK. OF CIRCUIT COURT I COUNTYr FL 12/0E/2004 01:45:35 FM FEES 10.00 7E6.80 BY M Anuez 2004, by JMK OF having its principal er called grantor, to office address is 945 representatives and assigns of )0 and other valuable , sells, aliens, remises, Okeechobee County, Lot 1 and Lots 23 through 26, inclusive, of Block 31, Lots 8 throug 1 11, inclusive, and Lots 14 through 19, inclusive, of Block 32, and Lots 7 through 1 , inclusive and Lots 14 through 19, inclusive, of Block 35, OKEECHOBEE, actor ing to the plat thereof recorded in Plat Book 5, page 5, public records of Okeec iobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31, 2003. AND the Grantor does hereby fully warrant the title to said land, anc will defend the same against lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the grantor has caused these presents to b executed in its name and its corporate sea] to be hereunto affixed by it proper officer thereunto d ly authorized the day and year first above written. Signed, sealed and delivered JMK OF OKEECHOB E, INC. in our presence: By Joy dw , President oWitness's Signature EVA MAE CONELY (Corporate Seal) W, ss's name orprnled _S Wi ess's Signature KAREN S. HAYES Witness's name typed or printed STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 30th da of November 2004, by JOY KIDWELI, as President, on behalf of JMK OF OKEECHOBEE, INC., a Florida corporation, and who is (J)rpersonally known to me ( ) produced Driver's Lice se as identification. Notary IV MAE COMELY MY COM ISSXkt 1 CC gem EXPI DecwAw 12, m BOUNDARY SURVEY PREPARED FOR KIDWELL & GOODBREAD VESVWM* eL°= IS � mar A a$ mcaws mar armcaww. Rr $w L07s 7 7HigUl6y/ /4 slow j4 alEEimm AS mvawm 7hIgmw Av Pm T 8" 4 PAaE 4 ar 1}Afi' A=v wXMS ar aYEEC aWr 61 MM, fLJA106A. PlRoArr SplEcow AvmbF 1) &MM MOM OVER= ALL QNL91diICWS AW MAnP) AW AEA5YA9MW V rL" Zae MW UWVMMI M PAA= LAM WON AE aU'C> "ff CITY LMM 3) na SMlEY LS AVr NIAM ED M MWI AMFSVXVaM ALAS aR 07MR AWAS al� LOM OGrYCiliylf. 4) 1/E SLRIEY nave D mm a Avr cowgmv BY PAWL Ll EAM Avanave AQO A= ay L�L171pfRS M S MMr MAPS ON R POM Or OVER MW AE SRiNM PARTY OR PARMS LS PM WMIED WMaff NR7lEN C;NRAWr ar RE: NOW PARTY aP PARM 5) SAE' ar LAST ARD S "E1': /T/11.1ft 8) RE QE:iaWYAW AW M MEN ms PAi011 m BY 1AE aAENr ON AE a'AENrS /EFf�'.i1" ME 7) MOW &AM W SOV/N Moff- r NM Y tir ME OVI SMMr IS MAW M LE'AR $WIN W+A W- NEST. r i � 1 I 1 I 1 I - - �a A,7 --A :. I I I I I I 1 13 1 12 € 11 € 10 9 € a € 7 € 6 �---- �-1--- L-1---- 1------------�--- rrwro,rur irrarne. N iva .. o✓ uinr Bi OCK 32 I I 14 I 15 I 16 I 17 18 I 19 20 21 3 e aa.,�I.n ��•M uil✓ - - —f— . 1oA/ _ - - - - - - I i 1 - - I - - GD SIGA .E NOT'VALID sic tuff Mm 1 o WACO 10 mum ra ..r a a w prWe a.ear4 � al.t■w ww�ar of ... +p o< r..trr�er a TRA.DEIIINDS PROFESSIONAL SERVICES, I BOIINDA Y SURVEY 11 1 4 13S 6-25 WC KAB O t� nod .na cop WS e7ro M-F-M cr •-round ral noa and cap) o-Found P aM cop) ( " ( �� qo � � ,�r«1pr,naa �r p. wr..lor. 7M wnM. �.n w p+R.sw yrr loe «y�6s1 ar Y,barlg • its far rr ..r.w,y p.w r.rfaL n Y M nw ao M.t wW art tl. MsnaOrr aM .re.ww .w �`irda. SURVEYORS AND 1IAPPER3 �eanee.nons ``.ar.s ���-.; e-�.•••, c-o...e.s c+.n.•o... +k o.- wir. E-Vat p otr rr. ✓rat Y3wwM Euvyor d mqo� !4m TAM sr oo .Ml�o abets ports .narooal+rwnb aogt s R00 S.W. Srd /•»nun 6...r1. rl..n.w0a.a-a.a.'al. e.o..t a-owa oN.r P. +yo •w wPP-i<.r%'c.e':a+�ra.+.w...sny o sbrylr .noawy as..roa .wr .nr8a,w a.arr.irol e1) bY MaweT"an�a a.l.ry «Lv Okeechobee. L 34972 Td(963) M-2667 rw. UM-- M � fww rwurwMmwaM7 srarbaa..Mw+nowaeeaar•� oaawr✓V (Qmpur sw7-k rwF) F--t to oqlbaAn� (' ( r a 0' � hwww e..N Ml M.AM M rbw4e Its IW4 M LARUE PLANNING & MANAGEMENT SEl 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 V_ e-mail: lame -planning a att.net Memo To: City Council From: James G. LaRue, AICP Date: March 24, 2005 Subject: • VICES, Inc. KMJ of Okeechobee, Inc. Small Scale Amendment f�petition 05-003-SSA KMJ of Okeechobee, Inc. Rezoning Request 05-062- This memo is written as an update to the original Staff Report of Ma ch 161h. Staff at that time had concerns about the potential environmental impacts on Taylor Creek if Single -Family were intensified to Multi -Family. There was also a concern for deleting a Single -Family neighborhood. While our concerns remain, the LPA/Planning Board did recommend approval of the FLUM change and rezoning for this property. The following ite s were presented at the March 22nd meeting: (1) Evidence was presented showing that the Multi -Family development would be on OUA water and sewer. (2) There was also public input that indicated individuals wi hin the proximity of this property were wishing to retain Industrial uses. JGL:vr 1375 Jackson ckson Str Suite 206 Fort Myers, F1ori�3901-2845 Phone: 39-334-3366 Fax: 239-334-6384 Email: arue-planningnatt.net Staff Report Rezoning Reques Prepared fog: Applicant. - Owner From: To: -Petition No. The City of Okeechob e KMMof Okeechobee I 7c. K IIJof Okeechobee I ic. Residential single -Fan ily (RSF-1) Residential Multiple Family (RMF) 05-002 R Staff Report • • Rezoning Request Applicant: KMJ of Okeechobee Petition No. 05-002-R Applicant: KMJ of Okeechobee Inc. Applicant Address: 945 SE 23rd Street, 34974 Okeechobee, FL Applicant Phone Number. 863-634-6999 Contact Person Mark Goodbread Owner: KMJ of Okeechobee Inc. Owner Address: 945 SE 23` Street, Okeechobee, 34974 FL Future Land Use Map Classification Zoning District Use of P Acreace Location: Legal Description: Vacant Residential Single -Family (RSF-1) Vacant 3.18 idential Multi -Family Residential Multiple Family (RMF) Residential Multi-Famil 3.18 NE 9th Street/NE 3rd Avenue, Okei Lots 14 through 19, Block 32, Okeechobi plat book 5, page 5, of the public records Florida, And Lots 7 through 19, Block 35, Okeechobee, book 5, page 5, of the public records of O obee, FL as recorded thereof in Okeechobee County, as recorded thereof in plat ceechobee County, Florida. The applicant is requesting to rezone 3.18 acres of land om the Residential Single - Family (RSF1) zoning district to the Iesidential Multi -I amily (RMF) zoning district. The applicant would like to develop a Multi -Family community on the subject property. North: Future Land Use Map Classification: Single -Fain ly Zoning District: Holding (1-I East: Future Land Use Map Classification: Single -Family Zoning District: Holding (H South: Future Land Use Map Classification: Single-Fami 1 Staff Report • • Rezoning Request Applicant: KMJ of Okeechobee Petition No. 05-002-R Zoning District: Industrial IND) West: Future Land Use Map Classification: Single -Family Zoning District: Industrial IND) The applicant has requested a Future Land Use change c f Multi -Family for this property that was not recommended for approval. There are no master plan studies that indicate that this area, given its proximity to Taylor Creek, should be changed to Residential Multiple Family (RMF) zoning. 1. The proposed use is not contrary to Comprehensive Pla requirements. As the property is now in the Single -Family fixture Ian use designation, a change to Multi -Family zoning would be contrary to the Comprehe sive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Multi -Family residential se is allowed in the requesting z�ning district. 3. The proposed use will not have cm adverse effect on the public interest. The proposed zoning and use is not in the best interest of the public at this time. 4. The use is appropriate _for the location proposed, is easonably compatible with adjacent land uses, and is not contrary or detrimen al to urbanizing land use patterns. Single -Family, not Multi -Family use, is compatible with adjacent land uses. 5. The proposed use will not adversely gfi'ect property 1 a deterrent to the improvement or development of adj Changes to Residential Multiple Family (RMF) zoning and balanced Single -Family development. 6. The proposed use can be suitably buffered from sitrroundi impact of any nuisance or hazard to the neighborhood Uses can be buffered. or living conditions, or be property. be a deterrent to a stable uses, so as to reduce the 2 Staff Report Rezoning Request Applicant: KMJ of Okeechobee Petition No. 05-002-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. It is not known how this density pattern would affect �ublic facilities. 8. The proposed use will not create traffic congestion, boding or drainage problems, or otherwise affect public safety. The Multi -Family zoning could create infrastructure impacts that are not desirable. 9. The proposed use has not been inordinately burdened �y unnecessary restrictions. There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Developmelit Code. 10. The proposed change will not constitute a grant of sp cial privilege to an individual owner as contrasted with the public welfare. The proposed change of zoning could be interpreted as a special privilege rather than being consistent with the public welfare. The application is not consistent wit,. the requirements of the City's Comprehensive Plan at this time. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use category which was also denied. Staff recommends denial of the request to allow rezon Family (RSF- l) to Residential Multiple Family (RMF) develop Multi -Family residential dwellings. Submitted by: James G. LaRue, AICP Planning Consultant March 16, 2005 from Residential Single- nlitting the applicant to 3 March 22, 2005 - Planning Board - Page 2 of 5 - AGENDA -ACTION-,:DISCUSSION VOTET ;. IV. NEW BUSINESS. A. Rezoning Petition No. 05-002-R. Consider a recommendation to the City Council to rezone the property located in the 300 Block ofNortheast 9th and 10th Streets, Legal description being Lots 14 through 19 of Block 32 and Lots 7 through 19 of Block 35, City of Okeechobee, Plat Book 5, Page 5 Public Records, Okeechobee County, Florida from Residential Single Family - One (RSF-1) to Residential Multiple Family (RMF). K_MJ of Okeechobee, Inc. is the property owner, Mark Goodbread is the applicant - City Planning Consultant. - Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The applicant has requested a Future Land Use change of Multi -Family for this property that was not recommended for approval. There are no master plan studies that indicate that this area. given its proximity to Taylor Creek, should be changed to Residential Multiple Family (RMF) zoning. Planning Staff Report Analysis: (1) As the property is now in the Single -Family future land use designation, a change to Multi -Family zoning would be contrary to the Comprehensive Plan. (2) Multi -family residential is allowed in the requesting zoning district. (3) The proposed zoning and use is not in the best interest of the public at this time. (4) Single-family, not Multi -Family use. is compatible with adjacent land uses. (5)Changes to Residential Multiple Family (RMF) zoning could be a deterrent to a stable and balanced single family development. (6) Uses can be buffered. (7) It is not known how this density pattern would affect public facilities. (8) The Multi -Family zoning could create infrastructure impacts that are not desirable. (9) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (10) The proposed change of zoning could be interpreted as a special privilege rather than being consistent with the public welfare. Planning Staff Report Summary and Conclusion prior to Certification: The application is not consistent with the requirements of the City's Comprehensive Plan at this time. The applicant simultaneously requested a Small Scale Land Use Man Amendment to allow n Mult;-Family land use category which was also denied. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from Residential Single Family (RSF-1) to Residential Multiple Family (RMF � permitting the applicant to develop multi -family residential dwellings. There was no public comment, nor any comments from the Board Members. March 22, 2005 - Planning Board - Page 3 of 5 ACTION —DISCUSSION - VOTE . AGENDA IV. NEW BtiSINESS. A. Rezoning Petition No. 0�-001-R, continued. Board Member McCov motioned to recommend to City Council to approve Rezoning Petition 05- 002 R, changing the zoning from Residential Single Family - One (RSF-1) to Residential Multiple Family (RMF); seconded by Board Member T. Keller. B Rezoning Petition No. 05-003-R. Consider a recommendation to the City Council, to rezone the property located within the East 9.9 acres lying North of Southwest 6th Street and South of Southwest Park Street in Section 21, Township 37 South. Range 35 East. from Holding (H) to Residential Multiple Family (R:VIF). Frank Altobello is the property owner and applicant - City Planning Consultant. • VOTE CREECH - YEA HOOVER - YEA JONES-YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MCCOY - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The applicant is requesting to rezone the property to allow a 96 Unit Multi -Family community on 9.9 acres of land. This would allow for 10 units per acre. Planning Staff Report Analysis: (I) The application is not consistent with the requirements of the Citv's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use category which was not recommended for :_a ie7 is ^ esifrcally a„rhorized under the zoning approval. (2) d e propose u fl district in the Land Development Regulations. (3) It has not been demonstrated that the proposed use would not have an adverse effect on the public interest, especially as it relates to the potential increased traffic generation that would result from Multi -Family dwellings. This general area should not be changed until a more detailed study reveals potential impacts. (4) As this use is incompatible with nearby residential land uses, future Multi -Family uses could have a detrimental impact to the residential character of the neighborhood. Multi -Family uses with a density as high it to buffer from as the one being proposed could allow heavy traffic flow and may be difficu adjacent and nearby residences. (5) Such permitted uses as allowed in the Residential Multiple Family (RMF) district could affect or have the appearance of affecting property values in the neighborhood, because of the potential density allowed by the Residential Multiple Family (RNIF; district, it is possible that Single family Residential values may be negatively impacted. • • EXHIBIT 8 APwL 5, 2005 ORDINANCE NO. 893 AN ORDINANCE OF THE CITY OF OKEECHOBEE, F THE OFFICIAL ZONING MAP OF OKEECHOBEE CERTAIN TRACT OF LAND MORE PARTICULARLY D FROM HOLDING (H) AND INDUSTRIAL (IND) ZOI RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DI THE ZONING MAP ACCORDINGLY, PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. 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 descri filed a petition (Petition No. 05-003-R) pursuant Regulations of the City of Okeechobee for the purpc of land consisting of 9.9 acre(s) from Holding (H) and I to Residential Multiple Family (RMF) Zoning Distri removed from the boundaries of the above menti processing of the rezoning application; and -ORIDAAMENDING BY REZONING A ESCRIBED HEREIN, LING DISTRICT TO ;TRICT, AMENDING FOR CONFLICTS, a has adopted Ordinance adopted for said City; and d hereafter, has heretofore the Land Development of rezoning a certain tract ustrial (IND) Zoning District and that this request be ed zone to allow for the WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the C presented a t a duly advertised public meeting; and pas City Council; and properly executed by the Mayor or de Officer for the City: SECTION 1. LEGAL DESCRIPTION. of Okeechobee, Florida; d by majority vote of the inee, as Chief Presiding The East 9.9 acres lying North of Southwest 61h Street and South of Southwest Park Street in Section 21, Township 7 South, Range 35 East, Okeechobee County, Florida being described as follows: Beginning at the Southwest corner of the property described in O R. Book 452 Page 1439, Public Records of Okeechobee County, Florida bear Westerly along the North right-of-way line of Southwest 6u' Street a d stance of 288.9 feet more or less; thence bear Northerly along a line parallel to the Westerly right-of- way line of the Sea Board Coast Line Railroad s located along the East boundary of the Altobello Trust to the interee tion with a line and the extension thereof, 100.0 feet South of and paralle to the South boundary of the land described in O.R. Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 997.6 feet more or less; thence bear Easterly along a line parallel to the South boundary line of that parcel of land described in O.R. Book 293 Page 257, Public Records of Okeechobee County, to the intersection with a line ying 70.0 feet East of and parallel to the East boundary line of property deE cribed in O.R. Book 293 Page 257, Public Records of Okeechobee Count , a distance of 49.7 feet more or less; thence bear Northerly along line and t ie extension thereof lying 70.0 feet East of the East boundary of the propert t described in O.R. Book 293 Page 257, Public Record of Okeechobee County Florida, to the intersection with a curve concaving to the Northwes in the South right-of-way Page 1 of 3 line of Southwest 2nd Street, a distance of 54 .8 feet more or less; thence Northeasterly along arc of said curve and the r ght-of-way of Southwest 2nd Street to the intersection with the South right-o -way line of Southwest Park Street, a distance of 338.4 feet more or less thence Easterly along the South right-of-way line of Southwest Park Street to the intersection with the West right-of-way line of the Sea Board Coast Line Railroad right-of-way a distance of 123.0 feet; thence bear Southerly along said West right-of-way line of the Sea Board Coast Line Railroad, a dis ante of 1043.3 feet; thence bear Westerly along the South right-of-way lineof the Sea Board Coast Line right-of-way and the South line of the property, escribed in O.R. Book 463 Page 1488, Public Records of Okeechobee Cou ty, Florida, to the Northwest corner of the property described in O.R. Book 316 Page 1439, Public Records of Okeechobee County, Florida, a dista ice of 95.2 feet; thence bear Southerly along the West line of the property (escribed in O.R. Book 316 Page 1439, Public Records of Okeechobee, County, Florida, to the intersection with the property described in O. R. I look 452 Page 1439, Public Records of Okeechobee County, Florida, a distance of 695.1 feet; thence bear Westerly to the Northwest corner of the property described in O.R. Book 452 Page 1439, Public Records of Okeechobee County, Florida, a distance of 50.4 feet; thence bear Southerly along the West line of the property described in O.R. Book 452 Page 1439, Public Records of Okeechobee County, Florida, a distance of 76.17 feet m re or less to the point of beginning. cl SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) and Industrial (IND) Zoning District to Residential Multiple Family (RMF) District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is competent jurisdiction to be void, unconstitutional remaining provisions and portions of this ordinani and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect 2005. INTRODUCED for first reading and set for final public James E. Kirk, ct herewith are hereby declared by any court of or unenforceable, then all ;e shall remain in full force ly upon its passage. ng on this 51h of April, Page 2 of 3 C�1 ATTEST: • Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final 2005. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kii Hearing this 191h of April, Mayor Page 3 of 3 • City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: a a-1 OS Peti ion No. O 03 — R Fee Paid: Jurisdiction: Q CC 1st Hearing: . a c) If). 2nd Hearing: -t ( l O) Publication Daces: - Notices Mailed: Uniform, Land Use Application Rezone - Special Exception - Variance ✓ Name of property owner(s): FRANK tgL70QFL1.0Truss roi—c A Owner mailing address: a O X � � } O KF5cH�Q �G ��- 3 �{ q �3 - o �l� �- P P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C, A Name of contact person (state relationship): ID60L F. Q KOAITA-Z — /q ,NT T Contact person daytime hone(s): L103-31Y- iQc)c Fax: Y0:�' 7�Z4/- `73y3 ✓ Property address / directions to property: 0 S, u/. aNd 5'7/1,F-T, Indicate current use of property: VAC-,11V7- Describe improvements on property, including number/type of dwellings and whether NONE occupied (if none, so state): Approximate number of acres: 4q.q Is property in a platted subdivision? P R Is there a current or recent use of the property that is/was a violation of county ordinance? O If so, describe: O P . Have there been any land use applications concerning all or part of this property in the nature and applicant's name: O last year? If so, indicate date, E R c Is a sale subject to this application being granted? GS T Y Is the subject parcel your total holdings at that location? If not, describe the remaining No , owN 12bro-wiN6 1 q */ fKAsS To THE- wES T 41,,4mo or intended uses: -ro SauT'R Describe adjoining land uses // improvements to the North: COMlnjKC?f)L South: VACY1NT CHOACy East: "1!//J(/S'IQ L West: .7DL ?`X4L Existing zoning: Ho4AXA/G Future Land Use classification: SF Actions Requested: CACRezone (�� Special Exception Mar lance Parcel Identification Number: a—oli— 3 4-3S =6A0d — 0000 l0000 lJ Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information include in 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 S500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. aJYk g C WJ 140 Printed Name bate • Current zoning classification: f 04&7NG Requested zoning classification Rrif at is your desired permitted use under the proposed classification: EJ� ES7 OFNT =AL r�ULT = ��n =LH�x/s?.�G z 0 Nranted, will the new zone be contiguous with a like zone? �L S E Is a Special Exception necessary for your intended use? A/6 Variance? NO Describe the Special Exception.sought: ILIA S P E. C . I . Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E X. C E Why would granting your request b(-, in the best interest of the area and residents? P T I If business, briefly describe nature including number of employees, hours, noise genet tion and activities to be N conducted outside of a building: Describe Variance sought: Nii V A R Des crib e'physical characteristic, of property:fhat makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 • 0 February 21, 2005 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974-2903 Re: Rezoning and Comp Plan Amendment Request Easternmost 9.9+/- Acres of Parcel#2-21-37-3 5-OA00-00006-0000 To Whom It May Concern: This letter hereby outlines my request to rezone the above Holding to RMF, and amend the comprehensive plan map fi outlined in the attached applications. Please contact me if you sh or require any additional information. Thank you for your consideration of my request. Sincerely, Frank Alotbello Trustee referenced parcel from -om SF-1 to PIF _ as Auld have any questions, Documentary S Class C Intan of $ Sharon RobO [4epered by end wfum lu I). :a . Oke )AVID MATT AND nssu-tnrrsVA, Sy 2255fild. Ru$ Suds 123A H.. Ra1u., F1, 53431 (361) 862-114N0 G`G000 - OGoo Tax Folio No_ 2-21-37-35-0A00-04GGQ-&90G- WARRANTY DEED • :t 500N10154 ps paid in the trtount of lax paid in the &M0unt Glare of Cues i Court A _ r > . o,c. THIS WARRANTY DEED, made this 1 (0 day of A %I I , 2003, between FRANK ALTOBELLO,aman iedman,joinedbyhis spouse, ETHELALTOBELLO, astoatwo- thirds (2/3) interest, of P.O. Box 417, Okeechobee, Okeechobee County, Florida 3 73, GRANTOR, and FRANK ALTOBELLO, as Trustee of the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST [H DATED APRIL 16, 2003, GRANTEE. GRANTOR and GRANTEE have the ssate address. THE GRANTOR, in consideration of the sum of Ten Dollars ($10.00) ar d other good and valuable considerations, to said Grantor in hand paid by said Grantee, the receipt (which is hereby acknowledged, has granted, bargained and sold to said Grantee and Grantee's succ ors and assigns forever, the following described land situate in Okeechobee County, Florida, to- it: (See attached Schedule "A" for complete legal description) This conveyance is subject to the following: I . Zoning, restrictions, prohibitions and other requirements impose by governmental authority. 2. Restrictions and matters appearing on the plat or otherwise common to the subdivision. 3. Public Utility easements of record. 4. Taxes for the year 2003 and subsequent years. and said Grantor does hereby fully warrant the title to said land, and will defend th� same against the lawful clairs of all persons whomsoever. Where used herein, the terms GRANTO , GRANTEE and TRUSTEE shall be construed as singular or plural as the context requires. FRANK ALTOBELLO, Trustee, shall have the independent power and m#hority to protect, conserve, and to sell, or to lease, or to encumber, or otherwise to manage and to ispose of the real property conveyed by this deed. In the event FRANK ALTOBELLO cannot continue to serve as Trustee, i he Successor Co - Trustees shall be CITICORP TRUST, N.A. (FLORIDA) ("CITI") and FRANK E BY. If FRANK ERBY is unable to serve as Co -Trustee for any reason, then DAVID PRATT, E Q. shall serve as Co -Trustee with CITI. If DAVID PRATT, ESQ. is unable to serve as Co -Trust e for any reason, then TONY YOUNG, ESQ shall serve as Co -Trustee with CITI If all of FRANI CC ERBY, DAVID PRATT, ESQ and TONY YOUNG, ESQ. are unable to serve as Co -Trustee fo any reason, then CITI shall serve as sole Trustee. The Successor Trustees are hereby granted the power to protect, consery and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real property described in this deed. This conveyance is subject it, rest*:ctions. rrservaiions. Iimitations, and easements ofrecord, tares for the year 2003 and subsequent rears. and all mortgages of record which the GRANTEE herein assumes and agrees ;o pay. if an% 1 1!10500 P,sE0155 Jt IN WITNESS WHEREOF, Grantor has signed and sealed these presents t e day and year first above written. Signed, Sealed, and delivered in the presence of - Mew , ignature of Witness 4�gz�gg ?gzwle d — Printed Name of-witness af W; itness / �e" — '�tn Signature of Witneqqss Printed Name of Witness State of Florida ) ss. County of Palm Beach ) ALTOBELLO, ?;51NKALTOBELLO, Attorney -in -Fact for ETHEL M. ALTOBE LO, Grantor SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED BEFORE 2003, by FRANK ALTOBELLO, Grantor, asi A.At.-,e, OR who [ ] has produced not taken an oadt. frvnMn Notary Public; State of YY COIWIS51(SMIfH1115z31 Print Name: •FVW W2L2= .i y„r iYu •n,+wr,Y� My Commission Expires: N.B. This feed has best prcpa_d at tM C"ntoes request morwt examination m Icga1 opinion of title (;A12471.10'91 a Mdedlswn.W"" 2 this A ay of [ 4-isPersonally i fication and have 1 • I i Li S%%�.-�/�T Of S/��C7f{L iSarr�S ,4/v4 Q45 -Z -r7 %� T2 S' f '1FNd/�7F�/ T /LI:61FS . 7Z - ,4 4 .7AE 70 ------------- --- ---- a=a_�--3-3S--0,400---- ----- i i 1i - I� _ SR rr os T /�S �� l�•4/�� G - c - 3 3 - 3-5 - 0,100 - 0000 - oo "0 /yUR 7 c1F s'rv. 6' Tfi' T 61 Two /fz ---- �/E /J�y,EC.aP�E�i o,-r '76 6,.N.=7 1-7i7uz-7z ---- � �U� L ��t�v..z %Y /�i4G/GAGE � G GQ.z✓v G -/�---------- - - ---- ,gl1/lkF 7a. i 4 f I i �i 0 THE EAST 9.9 ACRES OF THE FRANK ALTOBELLO CHRIT LE REMAINDER TRUST III DATED APRIL 16, 2003, LYING NORTH OF SOUTH WEST 6"' STREET AND SOUTH OF SOUTH WEST PARK 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, 0 FLORIDA BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH WEST CORNER OF THE F IN O.R. BOOK 452 PAGE 1439 PUBLIC RECORDS OF OI FLORIDA, BEAR WESTERLY ALONG THE NORTH RIC SOUTH WEST e STREET A DISTANCE OF 288.9 FEET THENCE BEAR NORTHERLY ALONG A LINE PARALLEL WESTERLY RIGHT OF WAY LINE OF THE SEA BOARD C tEET IN SECTION ;COUNTY, ?ERTY DESCRIBED CHOBEE COUNTY, OF WAY LINE OF ,RE OR LESS; TO THE ')AST LINE RAILROAD AS LOCATED ALONG THE EAST BOUNDAR� OF THE ALTOBELLO TRUST TO THE INTERSECTION WITH A L'. EXTENSION THEREOF, 100.0 FOOT SOUTH OF AND PAl SOUTH BOUNDARY OF THE LAND DESCRIBED IN O.R. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIL 997.6 FEET MORE OR LESS; THENCE BEAR EASTERLY ALONG A LINE PARALLEL BOUNDARY LINE OF THAT PARCEL OF LAND DESCR PAGE 257 TO THE INTERSECTION WITH A LINE LYIN AND PARALLEL TO THE EAST BOUNDARY LINE OF I IN O.R. BOOK 293 PAGE 257, A DISTANCE OF 49.7 FEE AND THE ELL TO THE 293 PAGE 257 A DISTANCE OF THESOUTH IN O.R. BOOK 293 70.0 FOOT EAST OF TY DESCRIBED MORE OR LESS; 1 Ll 0 THENCE BEAR NORTHERLY ALONG LINE AND THE EX LYING 70.0 FOOT EAST OF THE EAST BOUNDARY OF TI DESCRIBED IN O.R. BOOK 293 PAGE 257 PUBLIC RECOR COUNTY FLORIDA, TO THE INTERSECTION WITH A CU] THE NORTHWEST IN THE SOUTH RIGHT OF WAY LINE i SECOND STREET, A DISTANCE OF 540.8 FEET MORE OR THENCE NORTHEASTERLY ALONG ARC OF SAID CL WAY OF SOUTHWEST SECOND STREET TO THE TNT] SOUTH RIGHT OF WAY LINE OF SOUTH WEST PARK OF 338.4 FEET MORE OR LESS; THENCE EASTERLY ALONG THE SOUTH RIGHT OF WAY SOUTHWEST PARK STREET TO THE INTERSECTION WIT: OF WAY LINE OF THE SEA BOARD COAST LINE RAILROA DISRANCE OF 123.0 FEET; THENCE BEAR SOUTHERLY ALONG SAID WEST RIGHT THE SEA BOARD COAST LINE RAILROAD, A DISTANCE THENCE BEAR WESTERLY ALONG THE SOUTH RIGHT OF SEA BOARD COAST LINE RIGHT OF WAY AND THE SOUT: PROPERTY DESCRIBED IN O.R. BOOK 463 PAGE 1488 OF T RECORDS OF OKEECHOBEE COUNTY, FLORIDA TO THE 1, ;NSION THEREOF ,PROPERTY OF OKEECHOBEE VE CONCAVING TO lF SOUTHWEST AND THE RIGHT OF CTION WITH THE --ET, A DISTANCE OF THE WEST RIGHT RIGHT OF WAY A WAY LINE OF 1043.3 FEET; WAY LINE OF THE I LINE OF THE JE PUBLIC ORTHWEST 2 0 • CORNER OF THE PROPERTY DESCRIBED IN O.R. BOOK � 16 PAGE 1439 OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 95.2 FEET; THENCE BEAR SOUTHERLY ALONG THE WEST LINE O THE PROPERTY DESCRIBED IN O.R. BOOK 316 PAGE 1439 PUBLIC RECOIMS OF OKEECHOBEE COUNTY, FLORIDA TO THE INTERSECTION WITH THE PROPERTY DESCRIBED IN O.R. BOOK 452 PAGE 1439 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 695.1. FEET; THENCE BEAR WESTERLY TO THE NORTH WEST CORNER OF THE PROPERTY DESCRIBED IN O.R. BOOK 452 PAGE 1439 PU�LIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 50.4 FEET; THENCE BEAR SOUTHERLY ALONG THE WEST LINE OF�THE PROPERTY DESCRIBED IN O.R. BOOK 452 PAGE 1439 OF THE PUBLI� RECORS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 76.17 FEET MORE OR LESS TO THE POINT OF BEGINNING. 3 LELAND D YALS R. L. S. 2084 304 S. M 3rd Ave., Okeechobee, Fla. MCM .... 7e3-4M FAX .... M-2M OR BOOK 293 PAGE 257 997. WY 10011 so c� 540.75' PARCEL TO BE REZONED AREA= 9.9 ACRES a 695.10' �+ m OR BOOK 316 y PGE ! 43 a O � �1 RJ S. W. 7 TH AVENUE t043. W =mm mI I I I it - 2w Lo JN6147 Co. XX/t n A t` m a N ru Ul O (10 S.N. 9 TH AVENUE m 3e• �, N MW oSVEM FINUY ACQUISITION 0 LARUE PLANNING & MANAGEMENT' 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 e-mail: larue-planning@att.net Memo To: From: Date: Subject: City Council James G. LaRue, AICP March 24, 2005 Frank Altobello, Trustee Small Scale Amendment (05 Frank Altobello, Trustee Rezoning Request (05-063-R Please consider this memo an update to the original Staff Reports for information was made available at the March 22nd LPA public hearing of March 16`', expressed concerns regarding public infrastructure cap impacts and compatibility. There originally was not much evidence p application that pointed to a need or capacity for this change in Futurf Family to Multi -Family. However, new information was presented at (1) Evidence was presented to show how ingress/egress for devel achieved from S.W. 2nd and S.W. 6`h Streets. (2) Institute of Traffic Engineers (ITE) peak -hour trip -generation Family use were presented illustrating that while Multi-Famil twice the Single -Family units at this site, traffic impact rates 1 typically 25% to 45% less in volume than Single -Family use. • VICES, Inc. 04-SSA) liese items. New Our original Staff Report city, potential traffic -sented with this Land Use from Single - he meeting: at this site could be 'pical rates for Multi- dwelling units could be Multi -Family use are (3) The proximity of the railroad track and Industrial uses to the E st were visible deterrents for Single -Family development at this location, as well as Mult -Family uses to the North. (4) Confirmation was made by the applicant that sewer and water OUA. d be provided by 0 LARUE PLANNING & MANAGEMENT 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-638, e-mail: larue-planning@att.net Based on the above information the Staff withdraws its previous o that the Ll'A recommended that the Small Scale change he ahhrov( the Zoning change. JGL:vr SERVICES, Inc. jections. It should also be noted I. "'he same action was made for Staff Report Rezoning Req Applicant. - Owner From: To: 1375 Jackson Strgftsuite 206 Fort Myers, F1ori3901-2845 Phone: 39-334-3366 Fax: 239-334-6384 Email: arue-pl anni ngAatt. net Paul Okonski FrankAltobello, Thus Holding (H) and Ind, Residential Multi--[ Petition No. 05-003 R dial (IND) mily (RMF) 11 Staff Report Rezoning Request Applicant: Frank Altobello Petition No.: 05-003-R Applicant: Frank Altobello, Tru ee Applicant Address: Box 417, Okeechobee, FL 34973- 0417 Applicant Phone Number: Paul F. Okonski, Agent 407-314-1900 Contact Person Paul F. Okonski Owner: Frank Altobello, Trustee Owner Address: Box 417, Okeechobe , FL 34973- 04173 _.. Existing Proposed Future Land Use Map Single -Family S ngle-Family 1, Multi - Classification F Holding (H) and Industrial R mily sidential Multiple Zoning District (IND) F Family (RMF) Use of Property Vacant 9 Unit Multi -Family d velopment Acreage 9.9 9,9 SW 2" or SW 6th SW 2" or SW 6th Access Location: 0 SW 2"d Street Legal Description: The East 99 acres lying North of of Southwest Park Street in Section 21, Township 37 " Okeechobee County, Florida being described as follov corner of the property described in O.R. Book 452 Pat Okeechobee County, Florida, bear Westerly along the Southwest 6t" Street a distance of 288.9 feet more or 1, a line parallel to the Westerly right-of-way line of the as located along the East boundary of the Altobello Ti line and the extension thereof, 100.0 feet South of anc of the land described in O.R. Book 293 Page 257, Put County, Florida, a distance of 997.6 feet more or less; line parallel to the South boundary line of that parcel 293 Page 257, Public Records of Okeechobee County lying 70.0 feet East of and parallel to the East bounda O.R. Book 293 Page 257, Public Records of Okeecha feet more or less; thence bear Northerly along line an 70.0 feet East of the East boundary of the property de 257, Public Record of Okeechobee County Florida, tc concaving to the Northwest in the South right-of-way Southwest 6t" Street and South outh, Range 35 East, s: Beginning at the Southwest e 1439, Public Records of North right-of-way line of !ss; thence bear Northerly along iea Board Coast Line Railroad ust to the intersection with a parallel to the South boundary lic Records of Okeechobee thence bear Easterly along a >f land described in O.R. Book to the intersection with a line y line of property described in bee County, a distance of 49.7 I the extension thereof lying >cribed in O.R. Book 293 Page the intersection with a curve line of Southwest 2"d Street, a r1 Staff Report Rezoning Request distance of 540.8 feet more or less; thence Northeaster], the right-of-way of Southwest 2" d Street to the intersects way line of Southwest Park Street, a distance of 338.4 fe Easterly along the South right-of-way line of Southwest with the West right-of-way line of the Sea Board Coast distance of 123.0 feet; thence bear Southerly along said Sea Board Coast Line Railroad, a distance of 1043.3 fee the South right-of-way line of the Sea Board Coast Line line of the property described in O.R. Book 463 Page 14 Okeechobee County, Florida, to the Northwest corner of O.R. Book 316 Page 1439, Public Records of Okeechob( of 95.2 feet; thence bear Southerly along the West line of O.R. Book 316 Page 1439, Public Records of Okeechobt intersection with the property described in O.R. Book 45. of Okeechobee County, Florida, a distance of 695.1 feet; Northwest corner of the property described in O.R. Book Records of Okeechobee County, Florida, a distance of 50 Southerly along the West line of the property described it Public Records of Okeechobee County, Florida, a distanc to the point of beginning. Applicant: Frank Altobello Petition No.: 05-003-R along are of said curve and )n with the South right -of - et more or less; thence 'ark Street to the intersection ,ine Railroad right-of-way a Vest right-of-way line of the thence bear Westerly along ight-of-way and the South 8, Public Records of he property described in County, Florida, a distance the property described in County, Florida, to the Page 1439, Public Records hence bear Westerly to the 152 Page 1439, Public 4 feet; thence bear O.R. Book 452 Page 1439, of 76.17 feet more or less The applicant is requesting to rezone 9.9 acres of land from the Holding (H) and Industrial (IND) Zoning districts to the Residential Multi- Family (RMF) district. The applicant would like to develop a 96-unit multi -family development. North: I Future Land Use M Zoning District: Existing band Use: East: Future Land Use M Zoning District: Existing Land Use: South: I Future Land Use N Zoning District: Existing Land Use: West: I Future Land Use Ny Zoning District: Existing Land Use: Classification: Multi-Famil Residential MnItl-FaIni Classification: Industrial Industrial Industrial Classification: Single -Farm Holding (H) Vacant/Chin Classification: Single Fami H and RSFI Residential ultiple Family I fousl 2 • 0 Staff Report Rezoning Request Applicant: Frank Altobello Petition No.: 05-003-R The applicant is requesting to rezone the property to allow a 96 Unit Multi -Family community on 9.9 acres of land. This would allow for 10 units per acre. 1. The proposed use is not contrary to Comprehensive Plon requirements. The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a mall Scale Land Use Map Amendment to allow a Multi -Family land use categoi which was not recommended liar approval. 2. The proposed use being applied.for is specifically auth�rized under the zoning district in the Land Development Regulations. The proposed use is specifically authorized under the requested zoning. 3. The proposed use will not have an adverse effect on tho public interest. It has not been demonstrated that the proposed use would not have an adverse effect on the public interest, especially as it relates to the potential increased traffic generation that would result from Multi -Family dwellings. This general area should not be changed until a more detailed study reveals potential impacts. 4. The use is appropriate for the location proposed, i N reasonably compatible with adjacent land uses, and is not contrary or detritn ntal to urbanizing land use patterns. As this use is incompatible with nearby residential Hind uses, future Multi -Family uses could have a detrimental impact to the residential character of the neighborhood. Multi -Family uses with a density as high as the one being proposed could allow heavy traffic flow and may be difficult to buffer from adjacent and nearby residences. 5. The proposed use will not adversely affect property i a deterrent to the improvement or development of adj Such permitted uses as allowed in the Residential M could affect or have the appearance of affecting proper because of the potential density allowed by the Reside district, it is possible that Single family Residenti, impacted. s or living conditions, or be (property. tiple Family (RMF) district values in the neighborhood, tial Multiple Family (RMF) values may be negatively 3 Staff Report Applicant: Frank Altobello Rezoning Request Petition No.: 05-003-R 6. The proposed use can be suitably bi ffered from surrou ding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Landscape buffering could help alleviate some appearances of the Multi -Family dwellings. However, the traffic impact would be difficult to relieve. As such, it is difficult to guarantee that any nuisance could be reduced to acceptable levels. 7. The proposed use will not create a density pattern _facilities such as schools, streets, and utility services. Schools: The proposed 96 unit development could c school facilities. Streets: The proposed use will cause levels of servi narrow streets. Utilities: It has not been determined whether or not to the site, thus the impact cannot be analyzed. 8. The proposed use will not create traffic congestion, fl or otherwise affect public safety. would overburden public an increase in demand to to decrease on the already and sewer will be available or drainage problems, The subject property will increase traffic on SW 6`" Street and SW 2°d Street as a result of the high -density Multi -Family development. The applicant would be required to submit a Site Plan demonstrating adequate drainage flow and retention prior to construction plans being approved. 9. The proposed use has not been inordinately burdened At this time, the only restrictions being placed on the the Comprehensive Plan and the Land Use Code. unnecessary restrictions. are those included in M • Staff Report Rezoning Request Applicant: Frank Altobello Petition No.: 05-003-R 10. The proposed change will not constitute a grant of sp�cial privilege to an individual owner as contrasted with the public welfare. The proposed rezoning could create a special privilege the owner that none of the abutting residents have by creating a development who e density will be as high as 10 dwellings per acre. The application is not consistent with the requirement, of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use category which was not recommended for approval. Staff recommends denial of the request to allow rezonin Industrial (IND) to Residential Multi -Family (RMF) pen develop 96 Multi -Family dwellings. Submitted by: James G. LaRue, AICP Planning Consultant March 16, 2005 ig from Holding (H) and mitting the applicant to 5 • co aj aj N E5 v ro -o awi A � �, •o � � b � u v a.o..� U' N M° t v-E; Q icd v ° Ctl u X C p A aJ o .. •.: � •-- � 3 2 '2 Tj � a`yHi - H C °H' o" o idQ 0> Cl M a R N .oA o E; o '° 11 a, C Cy v �C cJ b y .Y cV3 O N CL bD O C. 'CJ O m cm .D `� V O c� O V cV p, V C N v "I p, N U N > b L1. �v� U � 0 O c3 cy a, a) o N U U u u O V Cd > -d :� O O '.C.•�' bl) CL N U U L I— '-- r= d N C QJ aj c3 r 1 .0 .. bai v 3 °° Y d a b 1 ~ao ' c v C: �' aj zi ro y c 3 In. o v° U csi L> v aNi t v b o ° C> >, o >� .ti n F w c o C'Jb ai = a, p a p, = ro a� ` m� d ° 3 y o C cl ° 0 too � > ;I.,W F+ a° .a w w -Cl O rn b n O° .r z 0 �°� E °�' ° � a 3 b b o a� o a❑ ° cn b O. U v o ° 30 o� " o O>° 'V Ecl w U O x N O N �._+ Cl. '� 6' • p• y C aj N rn C'' U u V] m C [— N v n v U ti bll C �O aj b11 .--1 3 F,' a) H .. aJ -� •ZCy cJ G bl) �cl+ x cy vi N `� cd •b C• C .[ O*C4 SEE E 'h O •O C O U O O E x v a) O O V) (� .b C c ° Z v n �' o aj m> U U v o OU v b o .� 0 v fl, o p b m 'C7cq p ✓ O O O. '� c1 �' R. y •cy U ? bn ,_ °�' ° E 5 0 E 1 d o° o o c as c p b ❑ c7 0 7 u �., c c u w =y a _o a v' a� a, v on p +. w m bu 'i7 C 'ii t0 aj p., 3 'd '.=% U .0 O U cliqj u v u •Y 0R x x c� wo t0 >, O Q) r3 'b w > C O ° -0 " °o `� a C v s 3 c n cl v F^ C ,b a�i p, o" ° C II, [ • `� c C 'b C� '.=; Ccy • - iz-CJ' i 3 0 s u° :7 ON aj 0 1-1 cl° a, 3 _ a °; F� o 0 I 0 0 \/ § \ .\ \ ¥ \ \ ./ ( \ ( 0 � \ 4 / .\ \ Cd } / y ( g u=FAQ/22 /\ )72E (�E f]7a ][(/ \§{\ 15 \\\\ §tea, (�)ƒ /}4J ■ \ § • • EXHIBIT 9 APML 5, 2005 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 March 30, 2005 TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Award of Community Development Block Grant (CDBG) Commercial Rehabilitation Business Projects (04D -001) On March 15, 2005, the City conducted a bid opening for the abov noted CDBG project. Only one (1) firm submitted a response to the bid solicitation. Lozano Builders of Stuart submitted the only bid in the amount of 9,278.00 for the work to be completed on the five (5) businesses. The individual business quottare as follows: 1. North Park Tire Center $15,468.00 2. Park View Plaza $ 8,530.00 3. Okeechobee Abstract $ 7,455.00 4. Los Cocos Mexican Restaurant $ 7,325.00 5. Display Systems $10,500.00 Neon tubing will be installed along the existing exterior painted stri es for the sixth business, CarQuest Auto Parts. This signage will be purchased through the ity's CDBG Small Purchases policy. The City's Commercial Rehabilitation Guidelines allows for a maximum of $15,000 to be expended per building. If the businesses wish to have signage put on their individual buildings, funds could be made available to do so. However, all work must be completed by September 28, 2005 when the grant expires. As soon as the City receives DCA approval for the single source pr curement, I will meet with all the building owners and the City will issue the Notice to Proceed The City would like to request permission to enter into a contract, p -,nding DCA single source approval, with Lozano Builders in the amount of $49,278.00. /nsp 0 CITY OF Ol (863) AGENDA ITEM REQUEST Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3`d Avenue Okeechobee, Florida 34974 NAME: tlohn Wh, clen Wh Acico ADDRESS: _mil NE Pctrl< fi. Okee�h�h F►- 3g7 2 TELEPHONE: &3 - 3J f%- / o S FAX: MEETING: REGULAR 19 SPECIAL ❑ WORKSHOP ❑ PLEASE ST,4ITE THE ITEM YOU WISH TO HAVE PLACED ON THE • EXHIBIT 10 APIziL 5, 2005 ECHOBEE FAX (863) 763-1686 PIA-31 &(,-3- 397 /Y)S- TE: 0xj2 II cog Y COUNCIL AGENDA: PLEASE TATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR PLEASE S ATE DESIRED AC ION BY THE CITY COUNCIL: a uti > Gl o r PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: G DATE: — OS- c) 3 u.. 0 0 > W 0 w Flo d U .E U N LO O 0 N O U L � cu cu `o W 0 m O o m cn (1) 0 Z _ (a c) a 0 0 fA O 0 � 6 co T () ) 0 <n C L CO o E W _0 Q o � Z 0 w m N H U E� cu Z Q E co 21 C:) o _0 W LL I C O M a) W W c iu E c)O LO (D -a @ a) O C_o O O "-' U N Q 0) n W Q CC U a) 0 cn W V E Y O = 0 � LL.W U / U' E aE' E c c c c w C O O C O C O O c c C O Owa L O ������� d N �7 N N in(n(n -0 CUO Lu QddQaQdd 2 N Qdd U _j _U o Z 2 U � U C) C a) E `W r U co o 0 a 0 p x 0 W U aEi m o ca C (O L _ O a) cu O 0 L = 0 U T Q (n 0 C T c T Y N (6 C 0 (u a) 0 U � C)p) 0 (n O m, O Q N .V E C N -E W M N> a) u 0 Q 0 a C c c a) m O L o c o O W. 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(6 t L � C .m a) O a O '� O U U _ '0 . _ U 0 (D N - O7 (U -0� Y (O N L N a7 U O U L o d CL f9 L E N O a) is 0 o -O a) o aci �O � a) o c C a) a) N L C.i E 3 a c a) Y a) a c_ U a) -2 E '� a) n a) a) t a) c_ E Q Y a) c O c O a) ca a) o- 2 a t is o w T 3 6- (U io -_ �o Z O c a) a a) L .Q d a) ) E -O 3 'O L U Q) -O a) "o .O - N U o) -o 3 +>, a7 a) a Y C C A a E C N Q C o axi °) O L a w -c3 o -(° a c o E OU E= u7 (D > (6 J a) .D N C N -O -E 0 N c% C a E IV U o as w , a E �L _ (D a E E > O C n w d� a� a) c ca a) C o 0 3 O 4= n o 5 a m Ci o a) (n o. tiL--. O L O f Q) a E to c -O a) o (D L () a) o f a mE h a`ni -0 c 3 = o Q a) o X C O a) a) an)i o '@ - O In E - (n w o cu t 0- a3 > a) M aa) U a) o L O aa)) E ,) 0- o aci C5- Q- —) U (a '� E > C U a) (6 a m OLo N C 7 a) E Y ca d O(D 7 C �- _n (V ('7 p O C LL N L - a) C -O (U =� a7 L O U 'a 2' QI C O 01 �' o J a) ` -0 " UCM a CJ L U Q J Y C Y U 3 3 (ca O 2 o a')) t � � Fo o � a � a E� U a) 71 C/) 9 d / cc \ cu V- r e \ 3 . � \\ ± / / ± \ @ % \ 15 \ G 0 \CD cu 0 \ / f . 0 ..f- f § 0 2 \ twj «� ® 0kkfkk>� «\ 2/ \� � m A G§§ I§ q \ d @\ � � e 0 w 0 03#� .- \a m � &# !e=e -f [) ) \/ \\ J 0 /))\ � \ #>t& R \ \\=z o \ ®{ \ \\}LU \\{) § \))\ k /mf\ 6 M{[» _ [!f \uj k < E )0 « a w \ • • EXHIBIT 11 APRIL 5, 2005 CITY OF O ECHOBEE (863) AGENDA ITEM REQUEST Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobee, Florida 34974 NAME: r ADDRESS: r , TELEPHONE: �l ,'�,) �% - (p� (� (� FAX: MEETING: REGULAR SPECIAL ❑ WORKSHOP ❑ PLEASE STATE THE ITEM( YOU WISH TO HAVE PLACED ON THE PLEASE RM FAX (863) 763-1686 - �25 9 - ba yce E: Apa � oi4Q5 COUNCIL AGENDA: PLEE SATE WHAT DEPARTMENTS) YOU HAVE WORKED WI THUS FAR: PL E STATE ESIRED ACTION Y THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF P SENT TION IS TO BE MADE, P ASE STA HOW MUCH E YOU ARK REQUESTING: SIGNED BY:. DATE: • EXHIBIT 11 APRIL 5, 2005 Okeechobee Main Meet Sheet Banner Inset Reg{uirements • • Old added ..ceue aijie"A Scope: OKEECHOBEE MA 111 NE 2nd Street - Okeechobee, FL 34972 - www. mainstreetok Banner Requirements D STREET, INC. ie 863.357.MAIN - Fax 863.467.8488 obee.com ent This document outlines the set of requirements for those organizations who wish to advertise their respective events on the Okeechobee Main Street, Inc. banners located on SW Park Street. The pictures on each banner represent various stages of Okeechobee history. The focus of the insert is to provide a viable means of advertising various events for both for -profit and non-profit organizations. Requirements: Any organization desiring to publicize their event has the opportunity to utilize the Okeechobee Maiii Street Banner insert. The requirements for the banner inss ert are as follows: 1. Contact the Okeechobee Main Street Executive Director (Lydia Jean Williams) or the City of Okeechobee to discuss the proposal 2. An organization may utilize their ow vendor of choice to develop the insert for their event using the guidelines adopted below. Okeechobee Main Street, Inc. Conridentiat — Restrictei I Access This document and the confidential information it contains shall be distributt d, routed or made available solely to authorized persons having a need to know within Okeechobee Ma n Street, Inc., except with written permission of Okeechobee Main Street, Inc. 3. If they desire, the organization can contract with Okeechobee Main Street, Inc. to have the development of the insert completed. 4. The City of Okeechobee has agrec d to place the banner insert on the poles once the insert is ready for display. 5. The insert must meet the specifica ions as outlined by Okeechobee Main Street, Inc. (see below) 6. In any event, there will be a $10 fee per banner charged to the organization over and above the charge of the development of the banner. The fee is divided into two parts. A fee of $5 per banner will 3e provided to the City of Okeechobee for placing the banner and $5 will go to the Okeechobee Main Street Banner account to cover any maintenance that may be required on the banners. 7. The City of Okeechobee and Okeechobee Main Street will maintain a schedule of events o ensure there is availability Insert Requirements: The following specifications must be use for the advertisement insert on the Okeechobee Main Street ba err. 1. The size should be 24.5" wide and l" deep. 2. Vinyl lettering on white canvas. 3. Lettering color should be dark or light green to match banner colors. 4. Light green border suggested, but not required. 5. Two Velcro strips must be sewn (gl ing is not acceptable) on the top and bottom edge of the insert. 6. The size of the Velcro strips must be 24.5" in length and 2" in width. 7. It is suggested to limit the amount of text. The larger the font, the better it will read from the street. 8. Event logo is permitted as long as the logo is limited to a maximum of 1/ of the banner insert nd it conforms to the color guide. Okeechobee Main Street, Inc. Confidential — Restricte I Access This document and the confidential information it contains shall be distribut d, routed or made available solely to authorized persons having a need to know within Okeechobee Man Street, Inc., except with written permission of Okeechobee Main Street, In . • 9. Examples of various insert des convenience. Summary: are attached for your Okeechobee Main Street, Inc. is focused on the historical preservation of Okeechobee as well as promoting various events and the well being of each and every business in the downtown area. The banners are a repre entation of our heritage as well as our future. Visitors to our city will be greeted with informational guides via the banner outlining current events as well as recognizing the are entering a Florida Main Street City. Okeechobee Main Street, Inc. Confidential — Restricted Access This document and the confidential information it contains shall be distributed, routed or made available solely to authorized persons having a need to know within Okeechobee Main Street, Inc., except with written permission of Okeechobee Main Street, Inc. • Okeechobee Main �treet Presents its 3rd Annual Top of the Lake Barbecue Affair February 25th 7pm -10 m February 26th 10am - 6 m at American Legion Post 6 Field • yl� Okeechoef Main Str et ti Presents its 3rd Annual Top of the Lake Barbecue Affair February 26th 10am - 6 m at American Le ion Post 64 Field Okeechobee Fire Su & Rescue Assoc Local 2918 P.O. Box 207 Okeechobee, FL 34973 Dear City Council Members, This letter is to inform you that by a unanimous Firefighters have decided to join the IAFF (Internatio Fighters) union. The City Firefighters have been merr. since January 2005. We will be putting an application Employee Relations Commission) for a separate repre contract with the City of Okeechobee under the same There were many aspects of the union in which the fir decision. Primarily they feel that the union will be able the representation in a well structured manner in whicl issues that they have to the council in a uniform fashic poorly on the fire chief. Also they feel that with bettei bring many positive changes to the fire department in 1 becoming a union department it will make for a better increasing the employee moral and positive attitudes tc department. This will in turn lower the turn -over rate i department by keeping loyal employees ultimately imp. the community as a whole. Also by joining the union t hand -in -hand with the Okeechobee County Fire Rescuf rapport and work relationship thus once again improvir the whole community. The City Firefighters would like nothing more th the City Council to be able to work together in a cohesi feel it could bring positive changes for the City Fire De employees. Thank you, Karl B. Holtkamp Secretary/Treasurer Local 2918 EXHIBIT 12 &RIL 5.2005 decision the City ial Association of Fire bers of Local 2918 into PERC (Public 'entation with separate ocal number. .fighters based their to provide them with they can present i, while not reflecting representation it will ie future. By vork place by wards the caking for a better oving their service to tey will be working building a stronger g the fire service for for the union and manner. They Iment and its 0 EXHIBIT 13 APRIL 5, 2005 TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk " SUBJECT: Citizen Boards Vacancy and Appointments/Code DATE: March 30, 2005 The following Code Enforcement Board Members terms expire Apri� 30, 2005: Mack (Hoot) Worley (served since 4/99) Rennae Swe a (served since 4/99) Liz Weisser (served since 10/00) Bea Castorin (Alternate) (served since 5/02) All of the above members, with the exception of Mrs. Weisser, have expressed an interest in being reappointed, if the Council so chooses. None of the above members ad any absences without consent during the last three years of their appointment. The Council has several options regarding the reappointments. Some of these options include (1) Appoint all new members (2) Appoint Ms. Castorina as a regular member, reappoint the two others and appoint one new person as the alternate. Attached and listed below, are the applications we have received from citizens requesting to serve on this board: Lois Gray (owns business in City) Joseph Richard Hidy, Sr. (County resident) Sharon V. Buck (County resident) Daniel W. Sim ons (County resident) Terry Burroughs (County resident/City business) Heather C. Hancock (County resident) Please note that these board members can be either City or County re 5 City residents and 4 County residents. Mr. Worley is a County resider City. Mrs. Sweda is a City resident, and owns business within the resident. Mrs. Weisser was one of the City residents. Should you additional information, please do not hesitate to contact me. Thank you. sidents. The board currently has it, but owns a business within the amity. Ms. Castorina is a County have any questions or require •0 Ci of Qkeechobee OJf l" of the 04 Clerk & Personnel Administrator Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful discrimination. If you feel you have been discriminated against for any reason, please call this to the attention of the Personnel Administrator so that we may address your concern. Citizen Board Applying For: ❑ Planning Board/Board of Adjustment/Design Review Board Member ❑ Alternate Member of the Above Stated Board Code Enforcement Board Member ❑ Alternate Member of the Above State Board Please Print: Applicant's Full Name: Street Address: Mailing Address: Z � z--�� Telephon Numbers: �J home fv rk eeper mobile L ation: Please include Name and Address of school, years attended, ate graduated andee obtained, if an . If mores ace is needed lease attach an addi 'onal a e. Grammar School: J High School: University: Other: Describe any skills and background information about yourself that board wish to serve on. If mores ace is needed please attach an additional would be helpful to the pag.e. v L A/ rlL- Fifes plicant's Signature Oate • Cily of Okeechobee Office of the City Clerk &Personnel 4dministrator Application for Citizen Board 'The City of Okeechobee does not engage in any form of unlawful discrimination. If you feel you have been discriminated against for any reason, please call this to the attention of the Personnel Administrator so that we may address your concern. Citizen Board Applying For: ❑, Planning Board/Board of Adjustment/Design Review Boa d Member ❑ Alternate Member of the Above Stated Board Code Enforcement Board Member' ❑ Alternate Member of the Above State Board Please Print. Applicant's full Name: e r Street Address: sf 'La Mailing Address: 1,2 4 Ale Lane E(- 39' a Telephone Numbers$63- 357• IA30 d home work beeper. P mobile Education: Please include Name and Address of school, years attended date graduated and degree obtained, if Any. If mores ace is needed please attach an additional page. Grammar School: _ q High School: Sf Gra A. Udi987' University: LUW ve rsI 414 li 11 5 Other: • • City Of Ok Office of the Ci Clerk & Application for Citizen Board eC t� rso a nistrator rr- 19, g The City of Okeechobee does not engage in any form of unlawful discrimination. If have been discriminated against for any reason, please call this to the attention of the Per Administrator so that we may address your concern. Citizen Board Applying For: Cl Planning Board/Board of Adjustment/Design Review Board Member ❑ Alternate Member of the Above Stated Board Code Enforcement Board Member ❑ Alternate Member of the Above State Board Please Print. Applicant's Full Name: O if S G 1— of Street Address: )6'1 SW 5rd 14 ire t2,Lt Mailing Address: e, (2.5 q b o ve— Telephone Numbers:'3lo✓-7G 3-58'1 y, 7&3-q54 !tome work beeper mobile Education: Please include Name and Address of school, years attended, date graduated anti degree obtained, if any. If mores ace is needed lease attach an ac ditional a e. Grammar School: Ft eta, Ilc 1 i ., Selz c of G�-a 4 a+e es NarnWcL, TL"�,o High School: /V a 7,,A2 a,1� r c yio o� ��^ t�+�a�a a 19 a ryt cv �Q R N O University: Q 10 } q g 9 Other: Describe any skills and background information about yourself tI board wish to serve on. If mores ace is needed please attach ai at would be helpful to the additional page. eevI pr, �.�ic�<Hc��-t oar�5� cts a LOGr �reasL'IYP- - C,(-Ya s PO u p, , ,� a Y d e_ e- 2 c-%L 0)0 ,� " 1 t t- t H-e cc t i q 1 0>1 Was Y o� a ►ems} c� s� v S h t r S0j," e c5�cr r e sS i t S 1 rl e Ser ►r c e �e sz Applicant's Signaturif Date Ci of Okeechobee Office of the City Clerk & Personnel Administrator Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful discrimination. If you feel you have been discriminated against for any reason, please call this to the attention of the Personnel Administrator so that we may address your concern. Citizen Board Applying For: Cl Planning Board/Board of Adjustment/Design Review Board Member ❑ Alternate Member of the Above Stated Board Code Enforcefnent Board Member ❑ Alternate Member of the Above State Board Please Print: Applicant's Full Name: V, Street Address: 5C J 1Nfailing Address: 0 17 3 C f Telephone Numbers: s-7- 3& 3 home work beeper mobile Education: Please include Name and Address of school, years attended, date graduated and de see obtained, if an . If mores ace is needed please attach an additional page. Grammar School: ,c ,4.4a High School: University: Other: Describe any skulls and background information about yourself board wish to serve on. If mores ace is needed Please attach An hat would be helpful to the additional page. n �u C4 ��AppSignature Date M :,l 0 0 Ci o Okeechobee Office of the City Clerk & Personnel Administrator Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful disc rimination. If you feel you have been discriminated against for any reason, please call this to the attention of the Personnel Administrator so that we may address your concern. CitizenBoardApplying For: Planning Board/Board of Adjustment/Design Review Board Member G^3'/ Alternate Member of the Above Stated Board 4d' Code Enforcement Board Member �) Alternate Member of the Above State Board Please Print. Applicant's Full Name: n AN«( a,tmo%' S Street Address: i 6c)13 SW 3 j ` p_c,LE Mailing Address: �k�c�, ��F 319,19 Telephone Numbers: gb3 14'+-1 _ 36cJ 3 home work r bee e P mobile Education: Please include Name and Address of school, years attended, date graduated and degree obtained, if an . If more s ace is needed please attach an a ditional a e. Grammar School: High School: University: ►� ►n►� �n - L-f r1i u• i 1 �CNnn N� d3 �S S Other: t _ w • Describe any skills and background information about yourself t at would be helpful to the board wish to serve on. If more ace is needed please attach ar. additional paRe. ANI U .1: % CLO- �J .� F i�i Lc-j A , Applicant's Signature „ta 0 0 vl O Office of the ( Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful discri, have been discriminated against for any reason, please call this to the att Administrator so that we may address your concern. Citizen Board Applying For: ©" Planning Board/Board of Adjustment/Design Review Bo, CjY Alternate Member of the Above Stated Board Code Enforc6ment Board Member Alternate Member of the Above State Board Please Print. Applicant's Full Name: Street Address: FE al � (AeO Mailing Address: a4 Y .tQ, � c Telephone Numbers: 16-3 -SOS home )Pork beeper Okeechobee Clerk & Personnel Administrator ition. If you feel you on of the Personnel d Member oSl7 (o mobile Education: Please include Name and Address of school, years attende , date graduated and decree obtained, if any. If mores ace is needed please attach an ad itional a e. Grammar School: Q High School: Ct6? University: Other: Z !�a 3e/ yp� 0 • Describe any skills and background information about yourself tha board wish to serve on. If mores ace is needed please attach an v would be helpful to the dditional page. G l �L / C I(z-V 7 1 is �I e ICJ held 29%i� I�Nlv.7 d'itr ,7 rGcv r i!/ T- ,4teys Op / lr'S i! o��5 �JcCsisrs �j�S �Gk,J �s ��75 3 itQ � C on M , 7 'Q A e �•i i�ite5 M ) t S -C U `C'Jl.,,� c c A � 1-T n f.S CQ- lJ i Applican Signature MIM . EXHBIIT 14 • APRIL 5, 2005 TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk SUBJECT: Citizen Boards Vacancy and DATE: March 30, 2005 The following Planning Board/Board of Adjustments/Land Planning Agency/Design Review Board Members terms expire April 30, 2005: Kenneth Keller (served since 5/04) Daniel Creecf� (served since 1/99) Sandra Jones (Alternate) (served since 1/9) All of the above members, with the exception of Mr. Creech, hav expressed an interest in being reappointed, if the Council so chooses. Mr. Creech has several abs nces without consent. Mr. Keller and Jones have had only absences with consent. The Council has several options regarding the reappointments. Please note when making your decision that Mrs. Jones, if reappointed, requests the Alternate Member position. She works in the construction field and would have to abstain from voting due to conflicts most of the, time. Attached and listed below, are the applications we have received from citizens requesting to serve on this board: Daniel W. Simmons (County resident) Richard Coffman (County resident) Terry Broughs (County resident/City business) Epifanic F. Juarez (County resident) Carol L. Johns (County resident/City business) Gary Pr est (County resident) John C. Whidden (County resident/City business) Aaron A. Kinty (County resident) Please note that these board members can be either City or County ri 1 City resident and 8 County residents. Mr. Keller and Ms. Jones are b was the one City resident. Should you have any questions or require not hesitate to contact me. Thank you. idents. The board currently has h County residents. Mr. Creech iditional information, please do 0 • Office of the Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful disc have been discriminated against for any reason, please call this to the a Administrator so that we may address your concern. Citizen —Board Applying For: Planning Board/Board of Adjustment/Design Review B —U'Alternate Member of the Above Stated Board lids/ Code Enforcement Board Member Zk" Alternate Member of the Above State Board Please Print. Applicant's Full Name: — AwtzL N' S Street Address: I6O `3 SW Mailing Address: F- Telephone Numbers: — home work beeper Education: Please include Name and Address of school, years attei degree obtained, if any. If more space is needed please attach an Grammar School High School: UKeecnobee i Clerk & Personnel Administrator n. If you feel you of the Personnel and Member o u 1� 03 4-1 - 36os mobile , date graduated and itional pate. University: V1Z ►Nt A ,)u2 F-A C1r� WO ocrt2 G�� lei`13 S. sues s Other: ats) (LAI 10,3 C1 • Describe any skills and background information about yourself that board wish to serve on. If mores ace is needed please attach an additional would be helpful to the page. CtM Applicant's Signature ;itv of Okeechobee Office of the City Clerk & Personnel Administrator Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful discri have been discriminated against for any reason, please call this to the attention Administrator so that we may address your concern. t Citizen Board Applying For: 2- Planning Board/Board of Adjustment/Design Review Bo CV- Alternate Member of the Above Stated Board U` Code Enforcement Board Member Z,- Alternate Member of the Above State Board Ple¢se Print: Applicant's Full Name: Street Address: F a�'�� Mailing Address: S as YrcQ_ - 'nation. If you feel you of the Personnel rd Member Telephone Numbers: 19-3 -Say-(03 home work beeper (09) (032 S mobile Education: Please include Name and Address of school, years attended, degree obtained, if any. If mores ace is needed please attach an additional date graduated and page. Grammar School: Q - High School: (0,? University: Other: �„�, c: t �,.. ��5� G� w Z G.k`21ez �ir'l►,n/s L✓ f c2 y t°L� Describe any skills and background information about yourself that board wish to serve on. If mores ace is needed please attach an additional would be helpful to the page. f714J �` 7/"t,?, held e2Ljzc� /`%lIJr7 '' t'1t � QS J IOGv f /1J <I!e AS Qg �- C J! rf'.v-3 91 fr7 --L — e% VlT P'6- ' kl Ac. t�ROLL bC.. n �'- c WO ,1 �-- A e w i wZ�r es t CYl A N► - Applican Signature Date M-M • Cit o Okeechobee Ofce of the Ci Clerk & Personnel Administrator Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful discrimination. If you feel you have been discriminated against for any reason, please call this to the attention of the Personnel Administrator so that we may address your concern. Citizen Board Applying For. - Planning Board/Board of Adjustment/Design Review Boa d Member Alternate Member of the Above Stated Board 0 Code Enforcement Board Member Alternate Member of the Above State Board Please Print. - Applicant's Full Name: (�C-1 Street Address: 7& 7Z Mailing Address: Telephone Numbers: WY 3" Y-3" j-�!� 77577 �� 7-� borne work bee beeper � mobile >I✓ducation: Please include Name=Addre, school, years attended, date graduated and de ree obtained, if an . If mord lease attach an additional a e. Grammar School: eeh �pr� High School: C'a' ►�4� "� H 5' C(c'�i a tacC ' 7 University: l�Q 5irk l L �' Z�/b� "lJ % "rNcl t�✓� n- s� ALA 04 er 7 �/ c 1 Other: (.� A riI J � _Cle�C G7 Describe any skills and background information about yourself thatwould beLaele pful to the board wish to serve on. If m,ore space is needed lease attach an dditional. Applicant's Signature Date • Carol L. Johns, MNSc, FNP Citizen Board Application Home: 1500 SW 83rd Avenue Okeechobee, FL 34974 Office: ProMed Walk -In Clinic, Inc 863-467-7377 1703 SW 2nd Avenue promed_carol@hotmail.com Okeechobee, FL 34974 863-467-7377 I have been a resident of Okeechobee for the past 8 years. Within the short time I have li here, I have seen a lot of expansion and growth. In addition to making my home here in Okeechobee, I established my business here five years ago, ProMed Walk -In Clinic, Inc. I chose to live and work in Okeechobee because I enjoy the community, and I see a great potential for continued success as a business owner. Okeechobee provides a wholesome and pleasant atmosphere for raising my family. I want to serve my community as a participant in planning growth for Okeechobee. As a hmlth care provider, I deal with the public on a daily basis and my skills as a team member are appropriate for working as a member f the citizen board. Qualifications Summary Experienced Family Nurse Practitioner with 27 years of health care experience. A customed to working autonomouslv as well as with health care teams. Excellent communication, teaching, collaboratio , supervisory skills. Advanced Practice and Management E ertise • Founder and owner of ProMed Walk -In Clinic, Inc; an urgent/primary care fac i 5`i' ' ty; year of business. Primary provider at county and juvenile correctional facilities; manage and oversee care of 200+ patients • Prior experience managing health care of 700+ community members at Seminole Health Clinic • Managed clinic and ancillary personnel and operations, developed policies. Managed on -site pharmacy. Education UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCE - Little Rock, AR Master's Degree in Nursing, Family Nurse Practitione , 1996 ARKANSAS TECH UNIVERSITY - Russellville, AR Baccalaureate Degree in Nursing, 1994 WESTARK COMMUNITY COLLEGE - Fort Smith, AR Associate Degree in Nursing, 1984 Associate Degree in Business, 1991 ARKANSAS VALLEY VO-TECH - Ozark, AR Licensed Practical Nurse, 1978 Professional Certifications, Affiliations, Award National board certification as Family Nurse Practitioner -American Nurses Advanced Practice Nurse licensed in Florida and Arkansas Credentialing Center Certified Sclerotherapist; Certified Skin Enhancement Specialist Advanced Cardiac Life Support (ACLS) Recipient of Indian Health Service Loan Repayment Award Recipient of Cherokee Nation Health Scholarship Award Recipient of Arkansas Rural Health Scholarship Award Sigma Theta Tau, National Nurses Honor Society Member American Nurses Association, Florida Nurses Association Former charter member Cardiopulmonary Rehab Nurses Association Former volunteer for Good Samaritan Free - Arkansas Health Clinic - Forl Former Board of Directors Member - American Heart As Smith, AR iation Former Arkansas Nurses Association - Legislative board ember Carol L. Schmitt, MNSc, FNP Professional Experience PROMED WALK-IN CLINIC, INC - Okeechobee, FL November 1999 -present Family Nurse Practitioner Provider for ProMed Walk -In Clinic, Inc, an urgent and primary care facility. Pat provider. Primary Health Authority for Okeechobee County Jail and Okeechobee Services include: child and adult physicals, routine gynecology, management of r. illness, minor office surgery, wound care and suturing, workman's comp, speciali Services: Spider vein treatment, microdermabrasion, Botox injections, chemical r SEMINOLE HEALTH DEPARTMENT - Hollywood, FL March 1997 -November 1999 Clinic Manager, Family Nurse Practitioner Sole on -site provider responsible for primary health care needs of Indian commu. team to manage complex patient problems. EDUCATIONAL LEAVE OF ABSENCE 1995 -1997 Leave of absence to pursue master's degree. HEALTHSOUTH REHABILITATION HOSPITAL - Fort Smith, AR 1993 - 1995 RN Team Leader, Supervisor Relief supervisor, staff nurse at rehab hospital CRAWFORD MEMORIAL HOSPITAL - Van Buren, AR 1991 - 1993 RN Team Leader ARKANSAS FOUNDATION FOR MEDICAL CARE - Fort Smith, AR 1989 - 1991 RN for Peer Review Company OPHTHALMOLOGY CLINIC - Fort Smith, AR 1987 - 1989 Staff RN 863-467-7377 npating Medicare, Medicaid rvenile Correctional Facility. '-complicated acute and chronic referrals. Skin Enhancement ;Is, facials, acne treatment. Developed diabetes treatment 0 LI o�� Application for Citizen The City of Okeechobee does not engage in any form of unlawful disc have been discriminated against for any reason, please call this to the Administrator so that we may address your concern. Citizen Board Applying For: Planning Board/Board of Adjustment/Design Review E A Alternate Member of the Above Stated Board ❑ Code Enforcement Board Member ❑ Alternate Member of the Above State Board Please Print. Applicant's Full Name: hn rr a r i o gq T h• a en Street Address: 5890 NE 56 Parkway, Okeechobee, FL Mailing Address: same Telephone Numbers: 3 5 7 - 5 7 4 3 357-1815 home work beeper Clerk & Personnel Administrator ,n. If you feel you of the Personnel oard Member 34972 610-7783 mobile Education: Please include Name and Address of school, years attended, date graduated and degree obtained, if fin If mores ace is needed lease attach an additional page_ Grammar School: High School: B., FL University: Other: • Describe any skills and background information about yourself tha board wish to serve on. If mores ace is needed please attach an additional would be helpful to the page. As A business owner in Okeerbo'bee for 1-1 jp-A-q. I would like to be involved in the decision making of the growth and dev- elopment in the City of Okeechobee. With the small businessmai in mind, hAlp work out prnhlems that businesses have with zonir for d and c mmercialconstruct: Applicant's Signature Date ig on, Cit of Okeechobee Ogce of the ity Clerk & Personnel Administrator Application for Citizen Boa The City of Okeechobee does not engage in any form of unlawful dis have been discriminated against for any reason, please call this to the Administrator so that we may address your concern. Citizen Board Applying For: Planning Board/Board of Adjustment/Design Review E ❑ Alternate Member of the Above Stated Board ❑ Code Enforcement Board Member ❑ Alternate Member of the Above State Board Please Print: Applicant's Full Name: , /7 Street Address: rimination. If you feel you attention of the Personnel oard Member Mailing Address: if / Telephone Numbers: hone work beeper mobile Education. Please include Name and Address of school, years attended, degree obtained, if any. If mores ace is needed lease attach an additional date graduated and page. Grammar School: High School: University: Other: -74 • ' Describe any skills and background information about yourself board wish to serve on. If mores ace is needed please attach that would be helpful to the in additional age. Applicant's Si nature Date `dl M • �J Office of the Application for Citizen Board Okeechobee Clerk & Personnel Administrator The City of Okeechobee does not engage in any form of unlawful discri ination. If you feel you have been discriminated against for any reason, please call this to the at ention of the Personnel Administrator so that we may address your concern. Citizen Board Applying For: 16 Planning Board/Board of Adjustment/Design Review Bo ird Member ❑ Alternate Member of the Above Stated Board ❑ Code Enforcement Board Member ❑ Alternate Member of the Above State Board Please Print: Applicant's Full Name: RG Street Address: CLf Mailing Address: 6k-�a C) e �IUR" �A '? ?eF7 V Telephone Numbers: -335�7 home work beeper mobile Education: Please include Name and Address of school, years attend d, date graduated and degree obtained, if any. If more space is needed please attach an a ditional naQe. Grammar School: High School: University: Other: F0It iJA S 4 qC %( A.4 I/L�Si Describe any skills and background information about yourself th board wish to serve on. If mores ace is needed lease attach an t would be helpful to the additional page. 2/02/2005 I am a native Floridian and have lived in Okeechobee since 1962, public schools and graduated from OHS. I graduated from Florid 1979 and earned a B.S.-;degree with major emphasis in Real Estate Finance. I have been in'the Banking industry since 1979 and feel business background. I moved back to Okeechobee in 2002 and have Lauderdale for 15 years and in Orlando for 6 years. I have alway involved in the community, to give back. I am currently on the United Directors, and the County Code Enforcement Board. While in Ft. several boards and am past president of the Broward County Latin I look forward to becoming more involved in my community. I attended Okeechobee State University in and a minor in that I have a good lived in Ft. made an effort to be Way Board of Lauderdale I served on Chamber. plicant s Date • 1J Office of the c Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful discrii have been discriminated against for any reason, please call this to the att Administrator so that we may address your concern. Citizen Board Applying For: Planning Board/Board of Adjustment/Design Review Bo, J Alternate Member of the Above Stated Board ❑ Code Enforcement Board Member ❑ Alternate Member of the Above State Board Please Print: Applicant's Full Name: G �A Street Address: Mailing Address: e Telephone Numbers: 7, e72) ljG z -745 home ivork beeper vKeecnoeee Clerk & Personnel Administrator �n. If you feel you of the Personnel rd Member z1 2c, - mobile 11 Education: Please include Name and Address of school, years attende , date graduated and decree obtained, if any. If mores ace is needed please attach an adc itional page. Grammar School: High School: —boo l J University: �K i U l �C?a Other.- u 0 Describe any skills and background information about yourself t at would be helpful to the board wish to serve on. If mores ace is needed lease attach a additional n29e_ I graduated from the University of Florida in May of 2002 with a Bachelor's degree in Environmental Engineering with a concentration of potable water treatment. In May of the same year, I began working with the City of Port St. Lucie Ut lity Systems Department as a project engineer. While employed with the City, I was responsible for the project management of what is now the Glades Wastewater Treatment Facility. This task involved the master planning of all wastewater infrastructures for the utility service area including existing and future systems. Upon conclusion of the master plan, the findings were presented to City Council for their approval. The same report presented to City Council was used by the City Manager to present to various bonding agencies. The funds were obtained in January of 2004 and design of the,facility began thereafter. Currently the faci ity is in construction with a completion date in mid-2006. I was also tasked with the project management of several commercial developments including but not limited to the following: Tradition, Southern Groves, GL Homes, Ansca Homes, Kennedy Parcel (Minto Homes), Western Groves, Portofino (aka Newport Isles), Gatlin Boulevard Commons, and Sawgrass Lakes. The project ma agement of commercial development involved the negotiation of annexation a reements, utility service agreements, DRI and PUD documents. It also involved the eview and approval of construction plans and hydraulic water/wastewater models. As of January 24 of this year, I am employed by Engineering Design and Construction, Inc. of Ft. Pierce; a consulting engineering firm with a specialization in land development. My tasks at EDC, Inc include preparation of Land Use/Zoning Change documents for review by the St. Lucie County Commission, and ci it engineering design for commercial and residential developments. Applicants ignature -� • • ,it Office of the C, Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful disc have been discriminated against for any reason, please call this to the Administrator so that we may address your concern. Citizen Board Applying For: �J\ Planning Board/Board of Adjustment/Design Review F Alternate Member of the Above Stated Board ❑ Code Enforcement Board Member ❑ Alternate Member of the Above State Board Please Print. Applicant's Full Name: rpnj r 4i e, - k,'r7,X Street Address: r 3�t j jk T� S t Mailing Address: a r.Q Telephone Numbers: 6 Coll hoine work beeper vxeeenn bee ty Clerk & Personnel.4dministrator ition. If you feel you on of the Personnel Member E`i7-;3'3q mobile Education: Please include Name and Address of school, years attended,de ree obtained, if an . If mores ace is needed lease attach an ad Grammar School: cf, kesT High School: University: Other r 4A. ,gq 3 Describe any skills and background information about yourself tf board wish to serve on. If mores ace is needed please attach ar, at would be helpful to the additional page. ''Applicant's Signature Professional Licenses: Professional Teacher Certification in English grades 6-12 Active licenses - Real Estate and Mortgage Broker Employment: Coldwell Banker Berger Real Estate 2004-present Okeechobee High School lit" grade English and Reading Teacher 2001-2004 U.S. Army Field Artillery SGT E-5 Stationed primarily in Idar-Oberstein, Germany 2 deployments to Bosnia -Herzegovina 1998-2002 Community Service: Tree Planting in the median strip of SW 3rd St Sponsorship of various youth activities/organizations Assistance in many civic events Rationale: As a lifelong resident of Okeechobee, and as a real estate and mortgage professional, it is very important to met be active and take a part in the shaping of our community. I have a vested interest in continuing the trend of greater quality and efficiency in our town. If I may have a chance, it is my desire to affect improvement and beautification while not overburdening the citizens with bureaucracy. It would be an honor to serve on the board and I ould gladly accept a position if offered. Sincerely, Aaron Kinty Attendance Record for Planning Board Members Terms Beginning in 2002 and Ending in 2005 2002 2003 2004 Daniel Creech Total Meetings: 9 No. Attended: 3 Missed with consent: N/A Missed without consent: 6 Sandra Jones Kenneth Keller Total Meetings: 9 No. Attended: 9 Missed with consent: N/A Missed without consent: 0 Not On Board Yet Total Meetings: 11 No. Attended: 5 Missed with consent: 1 Missed without consent: 5 Total Meetings: 11 No. Attended: 10 Missed with consent: 1 Missed without consent: 0 Not on Board Yet Total Meetings: 11 No. Attended: 3 Missed with consent: 3 Missed without consent: 5 Total Meetings: 11 No. Attended: 11 Missed with consent: N/A Missed without consent: 0 Joined in June 2004 Total Meetings: 6 No. Attended: 5 Missed with consent: 1 Missed without consent: 0 2005 Total Meetings: 3 No. Attended: 1 Missed with consent: N/A Missed without consent: 2 Total Meetings: 3 No. Attended: 3 Missed with consent: N/A Missed without consent: 0 Total Meetings: 3 No. Attended: 3 Missed with consent: N/A Missed without consent: 0 101 • • • EXHIBIT 15 APwL 5, 2005 MEMO To: City Council Members From: Katrina Cook, General Services Coordinator Date: March 30, 2005 Subject: Sale of City Property Please find attached a letter from Ty Hancock requesting to Ourchase a piece of property from the City. Mr. Hancock is interested in Lots 6 and 7, BI ck 5, Royal Oaks Addition, which is located in the 2100 Block of SW 3rd Avenue. After speaking with Interim Administrator Cook, he recomme ded that the item be added to the agenda. I have provided you with a copy of the letters bmitted by Mr. Hancock, as well as the property information that I retrieved from the Property Appraiser's Website. I have left a message for Mr. Hancock stating the meeting date and time, and requested that he or a representative be present for your questions. Please feel free to contact me should you have any questions or need additional information. Thanks. • • Katrina, I would like the opportunity to purchase the lot owned by the The parcel # is R3-28-37-35-0060-00050-0060 located on SW 3rd A, Sincerely Ty Hancoc J City of Okeechobee. Ism elt : �-7 - l a 3 O D_SearchResults Is . Page 1 of 2 Okeechobee County Property Appraiser Data Updated: 2/25/2005 Parcel ID: 3-28-3.7-35-0060-00050-0060 04 nwner & Pronerty Info Owner's Name CITY OF OKEECHOBEE Site Address 0 SW 3RD AVE, Okeechobee Mailing Address 55 SE 3RD AVENUE OKEECHOBEE, FL 349742903 Brief Legal ROYAL OAKS ADDITION LOTS 6 & 7 BLOCK Use Desc. (code) MUNICIPAL (008900) Neighborhood 113652.00 Tax District 150 UD Codes 10100 Market Area 1 70 Total Land Area 0.325 ACRES Pronertv & Assessment Values Mkt Land Value cnt: (1) $25,382.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (1) $2,756.00 Total Appraised Value $28,138.00 P.005_Prop_osed Values - Property Card I FGIS Map I Print Search Result: 1 of 1 << Pre{ 1 of 0 Next >> Just Value $28,138.00 Class Value $0.00 Assessed $28,138.00 Value Exempt Value (c de: 04) $28,138.00 Total Taxable $0.00 Value Sales History Sale Date I Book/page I Inst. Type I Sale Vlmp I Sale Qual Sale RCode I Sale Price NONE Building Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value NONE Extra Factures & Out Buildinas Code Desc Year Bit Value Units Dims Condition (% Good) FENC C 8-C/L 3BRB 1991 $2,756.00 470.000 0 x 0 x 0 PD (80.00) 1 mnA Rranifelnwn Lnd Code I Desc I Units I Adjustments Eff Rate Lnd Value 161CI0 I CITY LT (MKT) 1 100.000 FF - (.325AC) 1 1.00/1.00/1.00/1 00 $253.82 $25,382.00 Okeechobee County Property Appraiser Search Result: 1 of 1 HOME I Record Search I GIS Map I General Info I Exl Data Updated: 2/25/2005 Tangible Tax F A Q I Contact Us http://www.okeechobeepa.com/GIS/D_SearchResults. asp 3/8/2005 • •EXHIBIT 16 APRIL 5, 2005 e �f7916f' MEMORANDU To: Mayor Kirk and Council Members From: Robin Brock, Executive Secretary Date: March 31, 2005 Attached you will find a copy of the Industrial Park Deed Commerce Center, LLC, is proposing to use silos as storage restrictions limit the height of structures to forty-five feet, whe the silos is sixty feet. The Design Review Board is making a Council to amend the deed restrictions to coincide with the Regulations). If you would like to discuss this matter with John prior to the call. Thank you. strictions. Okeechobee their property. The deed s, the proposed height of commendation to the City iR's (Land Development ng, please feel free to . F r s CITY OF OKEECHOBEE T DESIGN REVIEW BOARD MARCH 22, 2005 G 7915 S SUMMARY OF BOARD ACTION Page I of 3 AGENDA ACTION- DISCUSSION --VOTE I. CALL TO ORDER - Chairperson. Design Review Board, March 22, 2005, 7:45 p.m. Chairperson Ledferd called the March 22, 2005 Design Review Board meeting to order at 8:28 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Cook called the roll: Chairperson Bill Ledferd Present • Vice -Chairperson Dawn Hoover Present Board Member Daniel Creech Present Board Member Kenneth Keller Present Board Member Thomas Keller Present Board Member Christopher Mavroides Absent - with consent Board Member Douglas McCoy Present Alternate Sandra Jones Present - Serving as voting member. Alternate Devin Maxwell Present Attorney John R. Cook Present Secretary Katrina Cook Present III. NEW BUSINESS - City Attorney/Interim City Administrator, .Iohn Cook. --.1- —.... ,., " ���,«., L-L%,, txuucn ivieyer is me owner and John Cook, City Attorney/Interim City Administrator, briefly described that primarily the historical applicant regarding the following requests: area downtown and the Industrial Park will be the areas that will be considered by the Design Review Board. He continued by explaining that as the lots are developed within the Industrial Park the board may need to review them, this will be handled on a case by case basis. 1. Request permission for outdoor storage of materials. Mr. Cook explained that Robert Meyer, Okeechobee Commerce Center, LLC, is the property • owner and has recently constructed a large warehouse and office building. Mr. Meyer has another party coming into Okeechobee Commerce Center, LLC which will create several new jobs for the community and will also create the need for outdoor storage of materials which is not permitted under the deed restrictions. Mr. Cook explained that the owner needs approval from the Design Review Board prior the storing of materials outdoors. AGEN IV. NEW BUSINESS, continued. Request permission for outdoor storage of materials, continued. March 22, 2005 - Design Review Board - Page 2 of 3 ACTION'- DISCUSSION - VOTE, Mr. Cook explained that the proposed materials to be stored outdoors are composite concrete. concrete forms and molds, as well as semi trucks. He also explained that the Board can include in their motion the requirement to place screening around the storage area to protect it from view - from the surrounding property owners and the roadway. Board Member Creech questioned Mr. Cook whether Okeechobee Commerce Center, LLC alread} had an area where they are storing outdoor materials. Mr. Cook explained that they do have a facility over in Stuart where they store materials outdoors. Mr. Cook reminded the Board Members that this property is in an Industrial Park and that outdoor storage is expected, however it can also be kept from becoming an eyesore with the recommended screening. Board Member Hoover motioned to grant Okeechobee Commerce Center, LLC, permission for the outdoor storage of materials with the stipulation that the owners remain in compliance with the Industrial Park* s Deed Restrictions regarding screening the materials from view from the street and surrounding property owners; seconded by Board Member Creech. VOTE JONES - YEA K. KFLLER - YEA T. KELLER - YEA MAVROIDES - YEA MCCOV- YEA MAXWELL - YEA MOTION CARRIED. • 2. Discuss amending deed restrictionsregarding re ardin the height of structures. John Cook explained that Okeechobee Commerce Center, LLC, is proposing to use silos as storage on their property. The deed restrictions limit the height of structures to forty-five feet (45), vs here the proposed height of the silos is sixty feet (60). Mr. Cook recommends that the Board make a recommendation to the City Council to amend the deed restrictions to match the Land Develop- ment Regulations. March 22, 2005 - Design Review Board - Page 3 of 3 IV. NEW BUSINESS, continued. 2. Discuss amending deed restrictions regarding the height of structures V. ADJOURNMENT - Chairperson. PLEASE. "rAKE NOTICE AND BE ADVISED that ifany person desires to appeal any decision made by the Board of Adjustment with respect to any matter considered at this proceeding, such interested person will need a record oft he 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 Ledford, Chairperson ATTEST: Katrina Cook, Secretary Jim LaRue, City Planning Consultant, recommended that a height in excess of forty-five (45) feet requires a special exception so that it may be considered on a case by case basis. Board Member McCoy motioned to recommend to the City Council to amend the Industrial Park Deed Restrictions specifically regarding the height of structures to make them coincide with the Land Development Regulations; seconded by Board Member Keller. VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOV- YEA MAXWELL - YEA MOTION CARRIED. I'liere being no further items on the agenda, Chairperson William Ledlcrd adjourned the Design Review Board meeting at 8:48 p.m. • I� • iiiiiit FILE ,` 20C140p8481 OR BK. 00530 r(S 1952 GATE: 05/07/2004 04:29:08 F11 E"HAROtl ROBERT60HY CLERK. OF CIRCUIT COURT OKEECHOBEE C:OUNTYY FL RECORDING FEES 4L.00 RECORDED BY M Anuez DECLARATION of Protective Covenants, Restrictions, Reservations, Servitudes and Easements Affecting OKEECHOBEE COMMERCE CENTER THIS DECLARATION is made by City Council City of Okeechobee, Florida, (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located at OKEECHOBEE COMMERCE CENTER in the City of Okeechobee, State of Florida, and WHEREAS, the real property is more particularly described by the plat thereof; incorporated herein, as recorded at Plat Book 7, Pages 10 - 14, Public Records Okeechobee County, Florida. WHEREAS, Declarant is desirous of subjecting certain real property to the protective covenants, restrictions, reservations, servitudes, and easements hereinafter set forth, each and all of which is and are for the benefit of said property and of each present and future tenants thereof, or any part thereof. WHEREAS, the purpose of these Covenants and Restrictions is to establish uniform standards of development quality for Light Industrial, Commercial, Research, and Office Park known as OKEECHOBEE COMMERCE CENTER. NOW THEREFORE, Declarant does declare that certain real property be subject to the covenants, restrictions, reservations, servitudes and easements hereinafter set forth as follows: PARAGRAPH I. Definitions, Property Rights, Covenants for Maintaining Assessments, Maintenance and Repairs, Architectural Control, and Application of Environmental Protection I. DEFINITIONS The following words, when used in this Declaration shall have the following meaning: A. Industrial Park shall mean the "OKEECHOBEE COMMERCE CENTER". Industrial Park shall initially consist of those lots as, indicated on the plat attached as exhibit "A"; which Industrial Park may be expanded by the addition of one or more similar tracts of lands ("Additions") which may be developed by the Okeechobee City Council, as more particularly provided in this section. Pagel of ZI 0R K 0053C1 F,Gi 1953 Each Addition shall be contiguous to either the initial platted parcels, or a prior Addition to Industrial Park. As used herein, the term "contiguous" shall be used to describe two properties which have a common boundary line or which are separated by one or a combination of streets, roads, highways, sidewalks, paths, alleyways or other thoroughfares, together with medians and other dividers. 2. Each Addition shall have a name which includes the name "OKEECHOBEE COMMERCE CENTER", and additional words which distinguish the Addition to Industrial Park from the initial platted park and the other Additions to Industrial Park such as "First Addition ""Second Addition", etc.. The Declaration of Covenants and Restrictions with respect to the Addition shall be in substance substantially the same as the Declaration with respect to the Initial platted park, unless approved by the Okeechobee City Council. As used in this Declaration the terms "Plat" and "Declaration' shall include not only the original of a Plat or Declaration, but also any and all amendments thereto. B. Common Area shall mean and refer to all real and/or personal property which the City Council City of Okeechobee, Florida own and will for the common use and enjoyment of the grantees, tenants, or lessees of OKEECHOBEE COMMERCE CENTER, and all real and/or personal property within or in the vicinity of the Initial platted park in which the City of Okeechobee has an interest for the common use and enjoyment of the grantees, tenants, or lessees of OKEECHOBEE COMMERCE CENTER, including without limitation, a right of use (such as, but not limited to, easements for surface water collection and retention). The use of the Common Area shall be restricted to park landscape, entry features, directional graphic system, drainage, landscape medians, security, safety, pedestrian/bicycle paths, roads, project lighting and recreational purposes or any other use to which a majority of the grantees, tenants, or lessees of the OKEECHOBEE COMMERCE CENTER may accede, but shall not include any lots owned by the City of Okeechobee that remain unsold or not leased to any grantee, tenant or lessee. C. Lot shall mean and refer to any parcel of the Property in the Initial platted park, together with any and all improvements thereon, and identified as such on the Plat, on which and industrial, office or other structure according to the terms of this Declaration could be constructed whether or not one has been constructed, and shall include any "combination lot" described herein. D. Initial platted park or Property shall mean and refer to all properties which are subject to this Declaration, more specifically described in Exhibit"A". 11. PROPERTY RIGHTS Every grantee, tenant, or lessee shall be subject to these restrictions, as well as each assignee or successor in interest of such grantee, tenant, or lessee. Every grantee, tenant or lessee shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title of portions of the Property, subject to the following: Page 2 of 21 A. Rules and regulations governing use and enjoyment of the Common Area adopted by the C ity; and which may be amended from time to time upon reasonable notice to each owner or lessee. and B. Restrictions contained on any and all plats of all or any part of the Common Area or filed separately with respect to all or any part of parts of the Property. C. In the event the owner of a parcel(s) within the industrial park designated as such on the records of the Clerk of Court Okeechobee County, Florida elects or should sell or transfer the parcel(s) by deed to another person or entity, including all improvements thereon, said owner shall, prior to consummating such sale or transfer, first notify the City of Okeechobee of its intent to so sell or transfer the property, and the City of Okeechobee is herein granted right of first refusal to purchase the parcel and all improvements thereon. The owner shall produce a contract for sale and purchase which it has negotiated with a buyer in good faith and in which the total purchase price is set forth for the land and all improvements thereon, and any other particulars of the proposed sale. The city reserves the right to inquire into the validity and arms -length dealing in the contract for sale, and shall notify owner within thirty (3 0) days as to whether it intends to enter into a written agreement with owner to exercise its right of first refusal and purchase the property. If such right is not exercised by the city, the owner is free to proceed with the sale to its proposed buyer, said sale subject to these deed restrictions and other applicable local, state or federal regulations. D. Regardless of the city's right of first refusal to purchase, the sale, assignment or lease of a parcel, or a parcel and business located thereon in the industrial park is further first subject to review and approval by the City of Okeechobee, to determine the nature of the business proposed at the site. Such approval shall not be unreasonably withheld and its purpose is to assure compliance with these deed restrictions, and to ensure the creation of jobs, promote the economic vitality of the city, and to comply with all applicable state or federal grant funding requirements. Every owner, tenant or lessee of a parcel in the industrial park shall notify the City of Okeechobee in writing at least sixty (60) days prior to a proposed sale, lease, or assignment of a parcel or a parcel and business located thereon for investigation under this part and approval by the city. The city reserves the right under this section to compel assurances of compliance with these restrictions herein by existing or proposed owners, tenants or lessees. E. No owner, tenant, employee, agent of an owner or tenant within the industrial park shall conduct the business or enterprise thereon in a manner to discriminate against any person or entity on account of race, religion, national origin or ethnicity. III. COVENANTS FOR MAINTAINING ASSESSMENTS A. Creation of the Lien and Personal Obligation ofAssessments. Each tenant, grantee, or lessee of any portion of the Property from time to time constituting a Lot, as said term is hereinabove defined (by acceptance of a lease for such portion of the Property, whether or not it shall be so expressed in any lease or other conveyance) including any purchaser at a judicial sale or other successor in interest, shall be deemed to covenant and agree to pay to the city any annual assessments or other charges, and any special assessments to be fixed, established, and collected from time to time as hereinafter provided. All such assessments, together with interest thereon from the due date at the maximum rate allowable by law and costs of collection thereof (including reasonable attorney's fees), shall be a charge on the Lot and shall Page 3 of 21 OR - X C1C1531_1 F'G 1955 be a continuing lien upon the Lot(s) against which each such assessment is made, and shall also be the personal obligation of the tenant, grantee, or lessee. No tenant, grantee, or lessee may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Area or by abandonment. No portion of any Property which does not constitute a Lot as that term is defined herein will be liable for any annual or special assessment under this section. B. Purpose of Assessments. The annual and special assessments levied by the city shall be used exclusively for the purpose of promoting the health, safety, security, and welfare of the tenants, grantees, or lessees ofLots included in the OKEECHOBEE COMMERCE CENTER (the Initial platted park and Additions) and in particular for the improvements and maintenance of the Common Areas of the OKEECHOBEE COMMERCE CENTER and of any easement in favor of the city, including, but not limited to, the cost of , labor, materials, maintenance, and supervision thereof, for the purpose of maintaining or improving the entrance -way and signage of the OKEECHOBEE COMMERCE CENTER, for planting trees and shrubbery and the care thereof within a public right-of-way, for improving and maintaining the entrance sign and landscaping, for routine maintenance of the drainage/swale system, for regular maintenance/mowing of vacant property and rights of way, maintaining lighting, as well as for such other purposes as are permissible activities of, and undertaken by, the City of. Okeechobee; excluding however such maintenance as would be considered a capital improvement or major repair. C. Special Assessments for Capital Improvements and Major Repairs. In addition to any annual assessments, the city of Okeechobee may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a capital improvement as approved by the City Council City of Okeechobee, Florida, including the necessary fixtures and personal property related thereto, so long as such assessment(s) are a benefit to the lot owner, tenant or lessee, and further provided that any such assessment shall have the assent of two-thirds (2/3) of the tenants, grantees, or lessees. Capital improvements and major repairs shall include but may not be limited to paving or re -surfacing the streets and rights of way; extension or repair of wastewater lines; extension or repair of the railway spur into the park; repair or replacement of the bridge entering the park across Taylor Creek; creating or improvement of drainage swales, ponds or ditches. D. Duties of the Okeechobee City Council. The City Council City of Okeechobee, Florida shall fix the date of commencement, and the amount of the assessment against each tenant, grantee, or lessee for each assessment period at least thirty (3 0) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Clerk of Court and shall be open to inspection by any tenant, grantee, or lessee. Written notice of the assessment shall be sent to every tenant, grantee, or lessee subject thereto not later than seven (7) days after fixing the date of commencement thereof.. The amount(s) assessed for routine maintenance and repair, or for capital improvements or major repairs, shall be the pro-rata expense ofthe total cost of such installation, maintenance or repair, divided by the total acreage owned or occupied by a particular owner, tenant or lessee; i.e. if the entire acreage available for occupancy is 66 acres, and if the cost of the assessment is $500.00, and 6.4 acres is owned or occupied, the obligation of an owner, tenant or lessee shall be that suer► divided by the total available acreage, and that sum multiplied by the 6.4 acres ownedor occupied, then the owner, tenant or lessee would in this Page 4 of 21 6 0 R' - K 10-05 :3 0 P G 19 -5 6 example be assessed $7.57 per acre times 6.4 acres, equaling an assessment of $48.45. Any acreage, excluding the common areas, owned by the city, shall be included in the computation so as to require the city to remain responsible for the amount of the assessment assigned to its own acreage. The City shall, upon demand at any time, furnish to any tenant, grantee, or lessee liable for said assessment, a certificate in writing signed by the Chairperson of the Okeechobee City Council, or their designee, setting forth whether said assessment has been paid. E. Exempt Property. The Okeechobee City Council shall have the right to exempt any property subject to this Declaration from the assessments, charge, or lien created herein provided that such part of the Property exempted is used (and as long as it is used) for any of the following purposes: 1. As an easement or other interest therein dedicated and accepted by the Okeechobee City Council and devoted to public use; 2. As Common Area as defined herein; 3. As Property exempted from ad valorem taxation by the laws of the State of Florida, to the extent permitted by the tax assessor for Okeechobee County, Florida. IV. MAINTENANCE AND REPAIRS A. Tenant, grantee, or lessee will be responsible for the maintenance, repair, and upkeep of the premises and shall keep the premises, including the fencing, landscaping, gutters, downspouts, exterior building surfaces, yard maintenance, and painting in good order and repair. The landscaping shall be installed and maintained in accordance with the Architectural Planning Criteria, a copy of which can be obtained from the office of the Okeechobee City Clerk. The city retains the right to enforce such maintenance and repairs by any lawful means, including code enforcement under ch. 162 Florida Statute; abatement of nuisance; injunction, or other remedy as permitted by law. V. ARCHITECTURAL CONTROL A. Necessity of Architectural Review and Approval. No improvement or structure of any kind, including without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alteration, screen enclosures, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement shall be commenced, erected, placed or maintained upon any Lot or the Property, nor shall any addition, change or alteration therein or thereof be made, nor any initial platted park platting or replatting of any Lot or Lots, or the Property be made unless and until the plans, specifications, and location of the same shall have been submitted to and approved in writing by, the technical review committee which represents the interests of the Okeechobee City Council in such architectural control. All plans and specifications shall be evaluated as to harmony of external design and location in relation to surrounding structures and topography and as to conformance with the Architectural Planning Criteria of OKEECHOBEE COMMERCE CENTER, a copy of which may be obtained at the office of the City Clerk. Page 5 of 21 43R _-K i a05a 30 F,G 1957 B. Architectural Review Board. The architectural review and control functions of the Association shall be administered and performed by the technical review committee for the C ity of Okeechobee. At any time the Okeechobee City Council has the right to appoint members of the Architectural Review Board. The Okeechobee City Council shall appoint at least one (1) Architect or Building Contractor to the Architectural Review Board. C. Powers and Duties of the Architectural Review Board. The Architectural Review Board shall have the following powers and duties. To recommend from time to time, to the Okeechobee City Council modifications and/or amendments to the Architectural Planning Criteria. Any modification or amendment to the Architectural Planning Criteria shall be consistent with the provisions of this Declaration, and shall not be effective until adopted by a majority of the members of the Okeechobee City Council at a meeting duly called and noticed and at which a quorum is present and voting and are present and voting. Notice of any modification or amendment to the Architectural Planning Criteria, including a verbatim copy of such change or modification, shall be delivered to each member of the Association; provided that, the delivery to each member of the Association of notice and a copy of any modification or amendment to the Architectural Planing Criteria shall not constitute a condition precedent to the effectiveness or validity of such change or modification. To require submission to the Architectural Review Board of one (1) complete set of all plans and specifications for any improvement or structure of any kind, including, without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alteration, screen enclosure, sewer, drain, disposal system, decorfittive building, landscaping, landscape device or object, or other improvement, the construction or placement of which is proposed upon any Lot or Property in Initial platted park, together with a copy of any required governmental permits. 3. To approve or disapprove any improvement or structure of any kind, including, without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alterations, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement of change or modification thereto, the construction, erection, performance, or placement of which is proposed upon any Lot or the Property in the industrial park, and to approve or disapprove any exterior additions, changes, modifications, or alterations therein or thereon. VI. APPLICATION OF ENVIRONMENTAL PROTECTION In the recorded plat, there are identified wetlands, designated as enhanced wetland 2; enhanced wetland 3; created wetland 3; enhanced wetland 4; and preserved wetland 5. It is the intent of the Declarant to provide stringent protection of these sites in perpetuity, as recognized through a conservation deed executed in favor of South Florida Water Management District, or as hereafter modified by the District or other state or federal agency. As such, development within this industrial park, including the entire acreage, with the exception of the wetlands area shall be strictly regulated to Commercial uses. Special emphasis shall be placed on a campus design with office and appropriate business facilities with a setback of seventy-five (75) feet from identified wetlands to protect wetlands integrity. Furthermore, the seventy-five (75) foot setback shall serve as a buffer and be maintained in perpetuity as a conservation easement. This conservation easement shall not be disturbed Page 6 of 21 or developed as part of the OKF-ECHOBEE COMMERCE CENTER, unless subsequently modified between the City and the appropriate state or federal agency exercising jurisdiction over the park. In addition, the plat designates the size and location of lots numbered 6, 13, & 14 at the initial Northern boundary of the park as set forth on the plat, which lots are within the protected zone for wellheads as described in the city land development regulations, and which wells are owned by the Okeechobee Utility Authority. While the wells are presently capped, and further use is not anticipated, any development on these described lots shall not permit or use environmentally hazardous substances that may leach into groundwater, and all development on these lots shall be strictly regulated in the permitting process by the city of Okeechobee, and as set forth in sections 82-1 to 82-90, code of ordinances, and as hereafter amended, whose determination of environmental hazards shall be final, if not otherwise in conflict with state and federal regulatory agencies. PARAGRAPH H. Construction Uses Permitted and Prohibited I. PLANNED INDUSTRIAL, RESEARCH AND DEVELOPMENT A. Purpose of Restrictions. The Planned Industrial, Research and Development in the industrial park is intended to provide lands for the purpose of business and industry which support the economic base of the City and contribute to its economic growth and self-sufficiency. Permitted uses are intended to include those businesses and industries primarily involved in the distribution of goods and services outside of the vicinity of Okeechobee County. The nature of uses shall include research, development, and manufacture of products making use of processes of manufacturing not likely to be objectionable to neighboring properties. The development standards of this district are intended to result in an open, uncrowded and attractive appearance through various site design standards. To the extent that these restrictions conflict with, or are more stringent than, city zoning and land use regulations, these deed restrictions shall take precedence over such ordinance, but only in the area set out in exhibit "A", and as hereafter amended or enlarged by addition. B. Uses permitted. No building or structure, or part thereof, shall be erected, altered, occupied or used, or land or water area occupied or used, in whole or in part, for other than one (1) or more of the following general uses. Unless otherwise specified, all uses shall be conducted entirely within an enclosed building. (The listing of specific uses under the generalized use categories are intended to be illustrative rather than all inclusive.) Manufacture of products such as: • Computer components; • Robotics; • Food processing and packaging, including aquiculture product processing; • Apparel related products; • Manufacture of finish wood products; • Manufacture of concrete/masonary products; • Fiberglass/resin/injection molding processes; • Furniture, fixtures; • Assembled paper products; • Formulation and packaging of drugs, cosmetics, soap; • Fabricated metal products; • Light manufacturing or machinery; Page 7 of 21 • Electrical equipment and components; • Transportation parts and small equipment; • Electronic systems, components and peripherals; • Optics; • Aerospace composites; • Integrated circuits; • Ceramics; • Consumer electronics; • Manufacturing technology; • Semi -conductor equipment; • Image recognition; • Medical devices. 2. Educational, scientific, industrial, and manufacturing research and development such as: • Computer software development; • Artificial intelligence; • Medical technology; • Research and testing laboratory. 3. Warehouse and storage buildings, excluding hazardous or flammable substances unless permitted by special exception in industrial zoning category; 4. Corporate or business offices which serve or represent other specifically permitted industrially related uses. 5. Sales, rental, and display of the following: • Construction equipment; • Machinery; • Monuments; • Restaurant, hotel and store supplies, fixtures and equipment; • Swimming pool supplies; • Welding equipment and supplies; • Electronic supplies; • Medical and dental equipment and supplies; • Photographic equipment and supplies; • Tires and batteries; • Sign painting; • Glass and mirrors. 6. The following services and trade establishments provided that they do not offer retail services on the same premises. Conditional Approval may be obtained for retail services per Section C. • Bookbinding; • Bakery; • Cutting or blending of liquor; • Cheese making; • Carpet and rug cleaning; Page 8 of 21 0 OR ,K 1*153 i PG 1960 • Diaper service, • Drapery and blind fabrication and service; • Egg storage, handling, or processing; • Food catering; • Glass and mirror shop; • Hydroponic garden; • Laundry; • Linen supply; • Machinery repair; • Magazine wholesale agency; • Motion picture studio; • Pattern making; • Printing, publishing, lithography, and engraving; • Tool, die, and gauge shop including the use of automatic screw machines; • Communication - information/data processing; • Telecommunication; • Exterminating; • Janitorial; • Boat building and repair; • Plumbing or electrical shop; • Manufacture of powder blends, potting compounds and plastisols; • Telephone exchange. 7. The following repair and shop uses: • Awning and canvas; • Carpenter and cabinet; • Contractor shop; • Locksmith; • Sharpening and grinding; • Electronic equipment repair; • Taxidermist; • Home.appliance repair; • Upholstering shop; • Lawn mower and motorcycle repair; • Furniture repair. 8. Blacksmith and welding. 9. Accessory uses and structures; including temporary living quarters not exceeding eight hundred (800) square feet in area and two bedrooms, by special exception, as an accessory to a permitted use. 10. The storage of motor vehicles, recreational vehicles, boats, trucks and trailers. a. Storage of motor vehicles, recreational vehicles, boats, trucks and trailers subject to the following conditions. Page 9 of 21 JR' 1ti 1--i1=e5:31:1 PG 1961 (1) New or used motor vehicles, recreational vehicles, boats, trucks, and trailers, placed for storage shall occupy not more than one-half ('/z) of the lot on which the business is located. (2) Any business which permits the storage of motor vehicles, trucks, and trailers, recreational vehicles, and boats bearing signs, painted or otherwise affixed to the vehicles which signs advertise a franchiser or company name shall store such vehicle within a completely enclosed building or shall provide a vehicle storage area as set forth below. All motor vehicles, recreational vehicles, boats, trucks, or trailers bearing such signs must be stored within this vehicle storage area or in the enclosed building. (3) Vehicular storage areas must be screened on all sides providing for necessary ingress and egress by a solid eight (8) foot high masonry wall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every twenty (20) feet with a minimum height of twelve (12) feet and a spread of six (6) feet at planting. (4) All maintenance, washing, and repair must be within the enclosed area. 11. Crating, packing, distribution, shipping, and soft drink bottling, including warehouse and storage; 12. Auto -lowing subject to the following conditions: a. Vehicular storage areas must be screened on all sides providing for necessary ingress and egress by a solid eight (8) foot high masonrywall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every twenty (20) feet with a minimum height of twelve (12) feet and a spread of six (6) feet at planting. 13. Commercial transportation business including taxi dispatch, and bus and tram depot. C. Conditional uses. The following uses shall only be conditionally permitted in the industrial park subject to the procedures and requirements provided elsewhere in this Declaration and subject to the availability of sufficient flexibility for commercial uses as permitted by the Comprehensive Plan. 1. All uses listed under Paragraph 11, B.(6) which are open to the general public and offer retail services. 2. Health club and physical fitness facilities. Stores which sell or rent new or used merchandise within an enclosed building, whether or not sold or rented to the general public. 4. Hotels and motels. Page 10 of 21 D. Uses prohibited. Except as specifically permitted in this division, the following uses are expressly prohibited as either principal or accessory uses: 1. Foundry, 2. Drop forging. 3. Paint or varnish manufacture. 4. Oil compounding or barreling. 5. Die casting. 6. Livery stable, riding academy, or dude ranch. 7. Meat, poultry, fish, or slaughtering of same 8. Manufacture of asphalt, acids, carbon, disinfectants, poison, insecticides, and batteries. 9. No open air storage of bulk materials is allowed. This prolubition does not apply to storage of these materials in a warehouse, or fully enclosed within a masonry wall at least six (6) feet in height. Stockpiles cannot be visible. 10. Institution for the housing, care, or treatment of sick, indigent, aged, or minor persons. 11. Any other residential use other than a permitted accessory use or use permitted by special exception. 12. Brewery. 13. Manufacturing or any storage of explosives. 14. Any business which is obnoxious because of dust, dirt, smoke, fumes, odors, noises, vibrations, or radioactive wastes. 15. Motor freight terminals. 16. Storage of motor vehicles, recreational vehicles, boats, trucks, trailers, farm equipment and parts thereof that would fit the definition of a "junkyard" as set forth in chapter 30, code of ordinances for the city of Okeechobee. E. Height. No building or structure shall be erected or altered to a height exceeding forth -five (45) feet. F. Setbacks. 1. No building or roofed structure shall be located less than fifty (50) feet from any street line nor less than twenty-five (25) feet from any plot line other than a street Page 11 of 21 line. 2. No more than one-half ('/z) of the depth of any required setback area measured from a street line or plot line may be used for parking and such parking shall be located on the half of the required setback furthest from the street or front or plot line. The balance of the setback area shall be landscaped and used for no other purpose. 3. All required setback areas, except where used for permitted parking, shall be landscaped. A required landscaped area shall not be crossed by more than the minimum of walkways and driveways necessary for access to the building. 4. Signs, light standards, and fences shall be permitted in required setback areas as hereinafter specified. G. Fences and walls. All fences and walls shall be constructed of concrete, masonry, or metal. Metal fences shall be of the open -weave, chain -link type. Fences and walls shall not exceed ten (10) feet in height. Fences and walls shall not be located within any setback area on a street with the exception that a double frontage plot shall be permitted to contain fences and walls in the rear or secondary required setback area when provided with a twenty-five (25) planting area adjacent to the street landscaped in conformance with this Declaration. Notwithstanding the above, no fences or walls shall be located closer than fifty (50) feet to any right-of-way of eighty (80) feet or greater in width. H. Lighting. All necessary exterior lighting on the plot shall be so installed or shielded as not to cause any nuisance to adjoining residential areas. 1. Alfinimum landscaped open space. Each plot shall provide not less than twenty percent (20%) of its area in landscaped open space. J. Storage. There shall be no open outside storage of materials, supplies, products, equipment, implements, motor vehicles, or machinery, unless area used for such outside storage is effectively screened from direct view at ground level from any street or from adjacent property as set forth herein. K. Developmental standards. All developed property shall be landscaped, improved and maintained in full conformity with all applicable requirements of the land development code. All improved land shall be well -graded and free from underbrush and objectionable plant growth. The fifty (50) feet closest to any public right-of-way shall be mowed periodically as necessary to control natural grass growth. The balance of the site shall be kept free of debris and shall not be used for storage or disposal of any objects or materials. All property shall be kept clean and free from rubbish or debris. All planted and landscaped areas shall be maintained in a neat, orderly, healthy, growing and properly trimmed condition. All buildings and structures shall be kept properly painted, unless finished with color coating, and protected from deterioration and shall not be permitted to become dilapidated. All driveways, walkways, parking areas, storage, and loading areas of developed property Page 12 of 21 1. • OF _'•Fw � 153 a F'G 196 4- shall be well -graded and surfaced with asphaltic concrete or other equivalent hard, dustless materials. All electrical, telephone, gas, or other utility connections, or extensions or re -location thereof shall be installed underground. L. Performance standards. No building or structure, or part thereof, shall be erected, in whole or in part, that is obnoxious, objectionable, a nuisance or a hazard to adjoining properties, as they relate to sound, vibrations, odors, glare, radioactive materials, smoke and particulate matters. 2. Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to comer and double frontage lots. M. Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittence, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Along property line abutting a Along property line abutting an Octave in bands residential district between 8:00 Industrial or Commercial district in cycles per A.M. and 6:00 P.M.* Maximum Maximum permitted sound level second. permitted sound level in decibels. in decibels. 0 - 75 72 79 75 - 150 67 74 150 - 300 59 66 300 - 600 52 59 600 - 1200 46 53 1200 - 2400 40 47 2400 - 4800 34 41 Over - 4800 32 39 * Permissible sound level between 6:00 P.M. and 8:00 A.M. shall be decreased by 3 decibels for each of the Octave bands. N. Vibration. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located. O. Smoke. Every use shall be so operated, as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringlemann Chart, provided however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totaling four (4) minutes in any thirty (30) minutes. For the purpose of grading the density of smoke, the Ringlemann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this Declaration, shall be the standard. All measurements shall be at the point of emission. P. Fumes, gases, vapors, dusts and acids. No person shall cause or allow the escape into the Page 13 of 21 open air of such quantities of fumes, gases, vapors, dusts, and acids, in such place or manner as to cause injury, detriment, or nuisance to the public, or to endanger the peace, comfort, health or safety of the public, or in such manner as to cause or have a tendency to cause injury or damage to business or property. 1. Tests required. Tests may be required by the Building Department for the purpose of the abatement of fumes, gases, vapors, dusts, odors, etc., or any other nuisance which may be present and which may come under the jurisdiction of the Building Department. Such tests shall be made by the owner or his authorized agent, and they shall be made in accordance with such procedures as may be accepted by a reputable and recognized authority such as; American Society of Testing Materials, U. S. Bureau of Mines, U. S. Public Health Service, the National Board of Fire Underwriters, or others. The choice of such authority shall rest entirely with the building department. Nothing in these rules and regulations regarding tests conducted by and paid for by the owner or his authorized agents shall be deemed to abridge the rights of the Building Department to conduct tests of these installations on behalf of the County. Q. Industrial sewage and waste. The use of septic tank systems for discharge of effluent of every nature shall not be permitted within the industrial park. Every use shall be so operated as to prevent the discharge into any stream, lake, or the ground of any liquid, effluent, or waste which shall be dangerous or discomforting to persons or animals or which will damage plants or crops beyond the lot lines of the property on which the use is located, or which by its nature would be not permitted by the Okeechobee Utility Authority or its successor in interest into the solid waste/wastewater/sewerage system. R. Odors. The emission into the outdoor air of any fume, gas, dust, mist, odor, smoke, or vapor, or any combination thereof, of a character and in a quantity as to be detectable by a considerable number of persons or the public, at any point beyond the property limits of the premises occupied or used by the person or persons responsible for the source thereof so as to interfere with health, repose or safety, or cause severe annoyance or discomfort, or produce irritation of the upper regulations. S. No person shall maintain or conduct or cause to be maintained or conducted, any parking lot or use any real property for a private roadway unless such real property is covered or treated with a surface or substance or otherwise maintained in such a manner as to minimize atmospheric pollution. T. Supplemental Development Regulations. In addition to architectural control requirements as adopted from time to time by the City of Okeechobee, the following additional standards shall apply: Buildings. Buildings constructed on any Lot included in the initial platted park shall be a modern design and constructed of modem materials. Exterior walls of each building shall be finished with color -coated or painted steel panels, built-up concrete, or equivalent material such as concrete block with plaster or stucco finish, or brick. All exterior walls fronting on any street shall be aesthetically pleasing, and if concrete block, shall be given a veneer of either stucco, plaster, wood, or similar covering. The gross area of any buildings located upon any lot shall be consistent with the Page 14 of 21 • OF. 3�K W-5-30 PG 1966 District within each phase. When the construction of any building, is once begun, work thereon must be prosecuted diligently and completed within a reasonable time. If for any reason work is discontinued, and there is not substantial progress towards completions for a continuous three (3) month period, the Developer, or its heirs and successors, shall have the right to notify the Okeechobee City Council of its intention herein, enter the premises and take such steps as might be required to correct an undesirable appearance. 2. Loading, storage, and outside storage. Each parcel of the land devoted to site development shall provide sufficient on -site loading facilities to accommodate site activities, and all loading movement, including tum-arounds, shall be made off of the public right-of-way. Loading docks shall be located and screened so as to minimize their visibility from any street or other right-of-way. Screening of service areas, loading docks and so forth may consist of any approved combination of earth mounding, landscaping, walls and/or fencing. No materials, supplies or equipment shall be permitted to remain outside of any building, unless approved by the Architectural Review Board, in writing, in advance. However, tanks, motors, and special industrial equipment will be permitted to remain outside of any building as long as they are screened from the street and surrounding property, or in designated areas approved by the Architectural Review Board. Rubbish and garbage facilities shall be screened so as not to be visible from any street or right-of-way. The maneuvering of trucks and trailers shall be confined to the extent practicable, to the lot included in the Initial platted park where the trucks and trailers have business. To the extent possible, all loading and unloading of trucks and trailers shall be done on the premises of the lot and not within the streets, and regular loading areas and facilities shall be located other than on the street side of the buildings and not be visible from the street to the extent practicable. Bulk storage of liquids, including gasoline, fuel oil, other petroleum products and other liquids, shall be stored inside buildings or in underground containers located at a depth and area approved by the Building Department. All storage shall be in compliance with applicable governmental laws and regulations. Site furniture. Site furniture and mechanical equipment visible from a street shall be considered as landscape elements, and all site furniture, including exterior lighting fixtures, shall be subject to the approval of the Architectural Review Board as elsewhere herein provided. 4. Curb cuts. It is intended that curb cuts on boundary streets be minimized. Curb cuts on boundary streets shall be at least one hundred (100) feet apart (center spacing), at least fifty (50) feet from any street intersection, and a maximum of twenty-four (24) feet in width, unless approved by the Architectural Review Board in writing, in advance. Joint curb cuts may be developed to serve abutting parcels and are favorably encouraged. 5. Building/mechanical equipment. All mechanical equipment, servicing buildings, including roof mounted equipment, shall be enclosed or screened so as to be an integral part of the architectural design. 6. Site grading. Site grading shall be subject to the approval of the Architectural Planning Criteria. Page 15 of 21 7. parking. Parking on the streets in the initial platted park, or on additions thereto, is strictly prohibited. All parking within the initial platted park or additions thereto shall only be in designated and paved parking areas, according to design standards in effect in the city. 8. Streets. All streets and roads shall be dedicated to the public. 9. Signs and graphics. Signs and sign location within OKEECHOBEE COMMERCE CENTER shall be subject to the review of the Architectural Review Board and shall conform to the Architectural Planning Criteria and applicable Land Development Regulations and City Codes. To minimize any detractive effects upon building appearance and landscaping which may result from the erection of signs within the initial platted park, signs shall be located flush on building exterior walls not perpendicular to the wall surface; lettering may not be larger than four (4) feet high; flashing signs, scrolling message signs, banners, or other sign not permanently affixed of any kind are not permitted; and all signs shall conform to the applicable sign regulations of Okeechobee County, Florida as the same now exists or as the same has been or may hereafter be amended. 10. Exterior lighting. Exterior lighting is subject to the review of the Architectural Review Board and should be in conformance with the Architectural Planning Criteria and applicable city land development regulations and codes. 11. Landscaping. All landscaping is subject to the review of the Architectural Review Board, and should conform to the Architectural Planning Criteria, and applicable city land development regulations and codes. 12. Utilities. All electrical and telecommunication transmission lines within the initial platted park other than those existing on the date of this Declaration and those hereafter installed by the Developer shall be installed and maintained underground. The availability of water and wastewater service to the industrial park is subject to the regulations and requirements of the Okeechobee Utility Authority, or its successor in interest. 13. Rail Spur: The industrial park may be served by a rail spur adjacent to the railroad right of way designated as Seaboard Railway on the plat of the park; said spur is located at the Southwestern portion of the park. Its availability, use and extension throughout the industrial park are uncertain, and no right or representation is made as to its use by owners or tenants of the park. For those lots that may acquire use of the spur, such use is subject to the codes and regulations of the City of Okeechobee, and the railway company then operating the adjacent track leading to the spur. The City reserves the right to extend or permit extension to the rail spur throughout the park, and any cost assessments therefore shall be limited to those lot owners, tenants or lessees who directly benefit from the spur by actual use of railway transportation for goods and services in the conduct of their business within the park. 14. Maintenance. Buildings, landscaping, and other improvements shall be continuously maintained so as to preserve as well kept appearance especially along the perimeters of any Lot or other property. The Association shall from time to time inspect site and landscape maintenance, and if not satisfied with the level of maintenance on a site, shall notify the owner in writing. If within fifteen (15) days from notification, Page 16 of 21 • OF .K W J5313 PG 196S maintenance has not been brought to acceptable standards in conformance with the following maintenance standards, the Association may order the work done at the tenant's, grantee's, or lessee's expense and may treat the charges as an assessment. The maintenance standards are as follows: Trash. All trash and garbage shall be placed in designated containers, or within the tenant's, grantee's, or lessee's contained service area and all trash areas shall be screened and properly landscaped. The size of containers shall reflect the capacity of the local agencies for trash removal. Yards and landscape areas will be kept free of trash, leaves, and dead landscaping materials. 2. Landscaping. All landscaping areas including sodded areas, shall be regularly irrigated as required and shall receive regular maintenance including trimming, minimum fertilization to protect wetlands, mowing and replacement of diseased plant materials, as required. All irrigation systems shall be underground, automatic, kept in good repair, and shall not discolor any wall, sign surface or other structure. Perimeter landscaping shall be maintained so as to avoid blight and preserve the beauty, quality, and value of the initial platted park, and to maintain a uniform and sightly appearance. The area between the building and the street shall be used for open landscaping and green areas to the greatest extent possible, taking into account necessary parking. All landscaping shall be completed within ninety (90) days of the issuance of a Certificate of Occupancy with respect to the building constructed or erected on any lot and shall be subject to the approval of the Building Department. Parking lot and sidewalk. All parking lot, sidewalks, and other hard surface areas shall be swept and cleaned regularly and cracks and damaged areas of sidewalks shall be repaired or replaced as required. Damaged or eroding areas of the asphalt parking surface shall be replaced as required and an overall resurfacing of the parking area will be done as necessary. Broken bumper stops and/or curbing shall be replaced as required and drainage inlets; storm sewers and any surface drainage facilities shall be maintained in good repair and shall remain clear of debris so as to enable the proper flow of water. Each tenant, grantee, or lessee shall provide adequate off-street motor vehicle and trailer storage for the tenant's, grantee's, or lessee's needs, but, in any event, no less than that required by governmental regulations and requirements. All driveways and parking areas shall be constructed or asphalt or concrete product. 4. Lighting. Levels of light intensity in the parking areas of all exterior walkways shall be maintained at safe levels and bulbs shall be replaced expeditiously as failure occurs. Light standards shall be maintained in good repair and shall be kept functional at all times. 5. Insurance. 1. Casualty insurance: All buildings and insurable improvements erected in the park shall be insured for fire and extended coverage perils, excluding foundation and excavation costs, at their maximum insurable replacement Page 17 of 21 OF 2-K 1-11_I53CI PG 1 c?6c? value, and all personal property located therein, including garage or bailee coverage. 2. Public liability insurance: The owner or tenant shall obtain public liability and property damage insurance covering the property and all improvements thereon in such sums as may be set by ordinance or resolution of the City of Okeechobee. 3. Workmans Compensation: The owner or tenant shall obtain workmans compensation coverage for its activities as provided by law and ch. 440 Florida Statutes and as amended. 4. Flood Insurance: The owner or tenant is subject to obtaining flood insurance in the event the industrial park is or becomes designated by FEMA or other federal agency as being within a recognized flood zone. PARAGRAPH M. Easements, Reservations, Rights -of -Way and Additional Restrictions Easements, reservations and rights -of -way may be reserved by Declarant on or over said property or any portion thereof in any contract or deed hereafter made. 2. Declarant may include in any contract or deed hereafter made, additional protective covenants and restrictions not inconsistent with those contained here. No other structure permitted by this Declaration shall be built, erected, or maintained upon any such easements, reservations or rights -of -way, and said easements, reservations or rights -of -way shall, at all times, be open and accessible to utility corporations who have obtained the written permission of Declarant, who shall have the right of ingress and egress thereto and therefrom, and the right and privilege of doing whatever may be necessary in, under, or upon said locations for the carrying out of any of the purposes for which said easements, reservations, and rights -of -way are reserved or may hereafter be reserved. PARAGRAPH IV. Scope of Covenants, Restrictions, Reservations, Servitudes, and Easements All of the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration are imposed upon said property for the direct benefit thereof and of the City of Okeechobee, Florida thereof as a part of the general plan of the development, improvements, and maintenance of said property. Each grantee, lessee, tenant, assignee or successor in interest accepts the same subject to the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration, and agrees to be bound by each such covenant, restriction, reservation, servitude and easements. PARAGRAPH V. Violations of Covenants, Restrictions, Reservations, Servitudes and Easements A breach or violations of any of the covenants, restrictions, reservations, servitudes and easements shall give to the Declarant the right to immediate entry upon the Property upon with said violation exists, and Page 18 of 21 0 01 E K W-1530 F•G 1970 summarily to abate and remove, at the expense of the owner thereof, any erection, structure, building, thing or condition that may be or exist thereon contrary to this Declaration, and to the true intent and meaning of the provisions hereof, and the Declarant shall not thereby be deemed guilty of any manner of trespass for such entry, abatement, or removal, nor shall the Declarant be liable for any violation of any covenant, restriction, reservation, servitude and easement hereof, whether such covenant, restriction, reservation, servitude and easement is violated in whole or in part, is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against any such owner or any parcel, and many be prohibited and enjoined by an injunction. Such remedy shall be deemed cumulative and not exclusive. Where an action, suit or other judicial proceedings is instituted or brought for the enforcement ofthese covenants, restrictions, reservations, servitudes and easements, the losing party in such litigation shall pay all expenses, including a reasonable attorney's fee, incurred by the other party in such legal proceeding. PARAGRAPH V1. Right to Enforce The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by the Declarant or their legal representative, to enforce any of such covenants, restrictions, reservations, servitudes and easements herein contained shall, in no event, be deemed a waiver of the right to do so thereafter, unless otherwise herein provided. PARAGRAPH VH. Assignment of Powers Any and all rights and powers and reservations of the Declarant herein contained may be deeded, conveyed or assigned to another corporation, co -partnership, or individual and upon such corporation, co- partnership, or individual evidencing its consent in writing to accept such assignment and to assume such duties and powers, providing always that shall operate the industrial park for a primarily public and not private purpose; and it shall, to the extent of such deed, conveyance or assignment, have the same rights and powers, and be subject to the same obligations and duties as are given to and assumed by Declarant herein and thereupon Declarant shall be relieved -of the performance of any further duty or obligation hereunder to the extent of such deed, conveyance or assignment. PARAGRAPH VIIM. Marginal Notes and Headings of Paragraphs The marginal notes and headings as to the contents of particular paragraphs are inserted only as a matter of convenience and for reference, and in no way are, or are they intended to be, a part of this Declaration, or in any way define, limit, and describe the scope of intent of that particular section or paragraph to which they refer. PARAGRAPH IX. The Various Parts of This Declaration are Severable In the event any clause, initial platted park, term, provision or part of this Declaration shall be adjudicated by Final Judgement of any Court of competent jurisdiction to be invalid or unenforceable, the Page 19 of 21 01 e-K i 10-53j i F*G Ic?71 remainder of this Declaration, and each and all of its terms and provisions not so adjudicated to be invalid or unenforceable, shall remain in full force and effect, and each an all of the paragraphs, initial platted parks, terms, provisions, or parts of this Declaration are hereby declared to be severable and independent of each other. PARAGRAPH X. Amendment to Protective Covenants, Restrictions, Reservations, Servitudes, and Easements Declarant shall have the right to amend this Declaration so long as such amendment is not inconsistent with or delude the overall plan or protection. IN WITNESS WHEREOF, the Declarant has signed and sealed this Declaration on the day of 2004. OKEECHOBEE Crry COUNCIL. FOR CITY OF OKEECHOBEE, FLORIDA /.� e4��& Xes E. Kirk, Mdyor ity of Okeechobee Lane amiotea, Ci Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY John R. Cook, City Attorney Page 20 of 21 i STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, appeared JAMES E. KIRK, who is personally known to me; and who being first duly sworn according to law, states that he executed the foregoing in the presence of the witnesses Lane Gamiotea and John R. Cook; and that the foregoing is executed for the purposes stated therein on behalf of the City of Okeechobee, Florida. SWORN TO AND SUBSCRIBED this 4 day of May, 2004. ADRIANA BERRY -114 MY COMMISSION M DO 154909 � EXPIRES:October3 2006 'S 4t Banded T. Notary rublk underwribis CL n2-Q - Cv&�"NOTARY PUBLIC My commission expires: 101 3 % 0 �P OdnQU, �prry Printed notary name Page 21 of 21 i swum= W z SEABOARD COAST LINE RAILROAD — — — FUNRE 9 RAILROAD N E. 9th RAW. FUTURE SPUR ` 10 (BY COUNTQ 11 1 \n 12 2 Designed: WCL APPROVED BY: JAMES R. ORTH, P.E. CIRAG A. SMITH & ASSOCIATES PREPARED FOR V n tC l l l V D C G 5� CALE� I` NUMBER J numocn CONSULTING ENGINEERS -PLANNERS -SURVEYORS COMMERCE CENTER �— 7 Drawn: Wr DATE ��w 242R*YSIPS-1366-neaubwdCABCITY OF OKEECHOBEE REGISTEF ENGINEER No.50126 V R°y"°'" °"`a"°ia ""' �sas�'s''am° CONCEPTUAL ENGINEERING PLAN n$ 00-0986 SHOWN checked. JRo STATE OF Fa: (sett »t-eats 6 w�ecaa cr�oa� nh.ean