Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2006-05-16 Regular Meeting
I. CALL TO ORDER - Mayor: May 16, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Edward Weiss, Church of Our Savior; 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 Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Certificate of Appreciation to John Whidden. 547 CITY OF OKEECHOBEE MAY 165 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1OF10 Mayor Kirk called the May 16, 2006 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Dr. Weiss of the Church of Our Savior; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Present Present Present Mayor Kirk presented Mr. John Whidden with a Certificate of Appreciation, that read, "Office of the Mayor, Okeechobee, Florida, Extends this Expression of Appreciation to John Whidden, in Recognition of his Outstanding Service to the Community, The City and your Fellow Citizens, have Benefitted Greatly by your Unselfish Dedication, in the Performance of your Duties as a Member of the Land Planning Agency, Panning Board, Board of Adjustment and Appeals, Design Review Board, May 1, 2005 to April 30, 2006, Given on Behalf of the City Council this 16th day of May, 2006." 548 MAY 16, 2006 - REGULAR MEETING -PAGE 2 OF 10 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim May 20, 2006 as "Jimmie Scott Osceola Day." C. Proclaim May 20-26 2006 as "Safe Boating Week." It was a historical moment when Mayor Kirk read the following Proclamation and presented it to Mr. Osceola: "WHEREAS, Jimmie Scott Osceola was born at the Brighton Seminole Indian Reservation; and WHEREAS, Jimmie Scott Osceola attended Okeechobee County Schools graduating in the Senior Class of 1959; and WHEREAS, Jimmie Scott Osceola was veryactive in sports throughouthis school years, and following school he was very much involved in rodeo, professional alligator wrestling and in his artwork called "India Ink", and WHEREAS, Jimmie Scoff Osceola continues to assist our community in learning more about the Indian Heritage through his artwork and his Indian stories that he shares with everyone. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 20, 2006 as "JIMMIE SCOTT OSCEOLA DAY." Mr. Osceola, was accompanied by his grandchildren and brother, Joe Dan Osceola, who addressed the Council, "my little brother asked me to speak for him, we thank you for this, this is the first time a Seminole has been invited to attend a City meeting or received recognition from the City Council. This is a great day for my family and for all Seminoles. We love Okeechobee and we thank you." Ms. Louise Gopher, also addressed the Council, on behalf of Andy Bowers, we want to thank the City of Okeechobee, and reiterate what Joe Dan said. Okeechobee has big hearted people. You probably do not understand what this means to us. The communication and relationship the tribe has with Okeechobee is unprecedented. Jimmie has had a lot of trials and triumphs over the years, he exemplifies the Seminole people and we thank you. A festival is planned for Saturday, May 20, 2006 at the City Hall Park. Mayor Kirk presented the Okeechobee Coast Guard Floatia with the following Proclamation, that was read as follows: "WHEREAS, recreational boating is fun and enjoyable. We are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. While being a marvelous source of recreation, boating to the unprepared can be a risky sport Not knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all examples of lack of proper judgment. One particular behavior that can reduce, by approximately 8091o, the number of boaters who lose their lives by drowning each year, is the wearing of a life jacket; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modern life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaign and proclaim May20 through 26, 2006as "National Safe Boating Week" and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits." MAY 16, 2006 - REGULAR MEETING -PAGE 3 OF 10 549 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. C. Proclaim May 20-26 2006 as "Safe Boating Week" continued. Mr. Fred Sterling, who accepted the Proclamation thanked the Council and invited everyone to the community boating event on Saturday, May 20, at Okee Tantie from 9:00 a.m. to 2:00 p.m. D. Proclaim June 5-9 as "Code Enforcement Officers' Appreciation Mayor Kirk read the following Proclamation and presented it to City Code Officer Fred Sterling: "WHEREAS, Code Week." Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, every day, assisted by supportand program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement (F.A.C.E.) Has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim June 5 - 9, 2006 as "CODE ENFORCEMENT OFFICERS' V. MINUTES -City Clerk. 0 APPRECIATION WEEK" in the City of Okeechobee." 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 May 2, 2006 Regular Meeting. III May 2, 2006 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator A. Motion to approve the April 2006 Warrant Register: Council Member Watford moved to approve the April 2006 Warrant Register in the amounts, General Fund four hundred eight thousand, two hundred thirty-five dollars and thirty-one cents ($408,235.31); Public Facilities General Fund ............................. $408,235.31 Improvement Fund, forty-five thousand, sixty-seven dollars ($45,067.00); seconded by Council Member Markham. Public Facilities Improvement Fund ............. $45,067.00 There was no discussion on this item. 550 MAY 16, 2006 - REGULAR MEETING - PAGE 4 OF 10 VI. WARRANT REGISTER CONTINUED. A. Motion to approve the April 2006 Warrant Register continued. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. New Business Item F, Exhibit 9 was added. Council Member Watford briefly noted the invitation to the Press Conference regarding the State's purchase of the Battle of Okeechobee property on Thursday, May 25, 2006 at 11:00 a.m. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6: 20 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 946 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 946 regarding Rezoning Petition No. Rezoning Petition No. 06-003-R, submitted by Malissa Morgan on 06-003-R, submitted by Malissa Morgan on behalf of property owner, A Childs World (Childcare) and Preschool, Inc, behalf of property owner, A Childs World and Preschool, Inc, to to rezone Lots 4 to 6 of Block 251, Fist Addition to Okeechobee from RSF-1 to RMF; seconded by Council Member rezone Lots 4-6 of Block 251, Fist Addition to Okeechobee from Williams. RSF-1 to RMF- City Planning Consultant (Exhibit 1). 11 VOTE b) Vote on motion to read by title only. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 946 by title only. Attorney Cook read proposed Ordinance No. 946 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 946. 111 Council Member Markham moved to adopt proposed Ordinance No. 946; 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 did not have any questions or comments. This property was discussed in depth during the small scale map amendment and the first reading of the proposed Ordinance. Planning Staff and Planning Board are recommending approval. MAY 16, 2006 - REGULAR MEETING - PAGE 5 OF 10 551 VIII, PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED, A. 2. b) Public comments and discussion continued. Clerk Gamiotea reported that thirteen notices were mailed to surrounding property owners, there were no objections 11 documented. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 947 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 947 regarding the General Employees' the General Employees' and the Okeechobee Utility Authority and the Okeechobee Utility Authority Employees' Retirement System; seconded by Council Member Williams. Employees' Retirement System - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 947 by title only 2. a) Motion to adopt proposed Ordinance No. 947. b) Public comments and discussion. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 947 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 "CREDITED SERVICE'; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, DISTRIBUTION OF BENEFITS; AMENDING' SECTION24, DIRECT TRANSFERS OFELIGIBLE FOR ROLLOVER DISTRIBUTIONS; AMENDING SECTION28,' DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITHAND PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 947; seconded by Council Member Chandler Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member Watford noted the letter from the actuary firm noting no costs are associated with this ordinance. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 552 MAY 16, 2006 - REGULAR MEETING - PAGE 6 OF 10 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. a) Motion to read by title only, proposed Ordinance No. 948 regarding III Council Member Watford moved to read by title only, proposed Ordinance No. 948 regarding the Police Officers the Police Officers Pension Trust Fund - City Attorney (Exhibit 3). Pension Trust Fund; seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 948 by title only. Attorney Cook read proposed Ordinance No. 948 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO.888, AMENDING SECTION 1, DEFINITIONS, BYAMENDING THE DEFINITION OF "CREDITED SERVICE'; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS, AMENDING SECTION 16, DISTRIBUTION OF BENEFITS; AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING'AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 948. III Council Member Markham moved to adopt proposed Ordinance No. 948; seconded by Council Member Chandler. b) Public comments and discussion. III Mayor Kirk asked whether there were any comments or questions from the public. There were none. Council Member Watford noted the actuary letter verifying there are no costs associated with this ordinance. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. D.1. a) Motion to read by title only, proposed Ordinance No. 949 regarding III Council Member Watford moved to read by title only, proposed Ordinance No. 949 regarding the Firefighters' Pension the Firefighters' Pension Trust Fund - City Attorney (Exhibit 4). Trust Fund; seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. MAY 16, 2006 - REGULAR MEETING - PAGE 7 OF 10 553 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D.1. c) City Attorney to read proposed Ordinance No. 949 by title only. Attorney Cook read proposed Ordinance No. 949 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 889; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "CREDITED SERVICE". AMENDING SECTION 10, OPTIONAL FORMS OFBENEFITS; AMENDING SECTION 16, DISTRIBUTION OF BENEFITS, AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 949. Council Member Markham moved to adopt proposed Ordinance No. 949; seconded by Council Member Chandler b) Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the public. There were none. Council Member Watford noted the actuary letter verifying there are no costs associated with this ordinance. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:31 P.M. IX. NEW BUSINESS. A. Discussion pertaining to a speeding problem in a residential area on Mr. Wesley Bohn, of 1608 Southwest 3`d Avenue addressed the Council regarding violations of speed limits in his Southwest 3`d Avenue - Wesley Bohn (Exhibit 5). neighborhood. He explained that we (residents of Southwest 3`d Avenue) have a problem with cars running through the streets at 40 to 60 miles per hour. We have school buses running at 6:30 a.m., children are out there and in danger. We need additional police through the area because it is a great problem. Mr. Bohn went on to say that he did not understand why we have speed limit signs when no one obeys them. He suggested that the signs be taken down, then the City would not have to maintain them. But, if it is a law, that if you have a sign up which reads 35 mph, then it has to be enforced. Council Member Williams responded that she personally knew the police department was addressing the problem because her daughter received a speeding ticket over the weekend. Mayor Kirk thanked Mr. Bohn for bringing the matter to the City's attention. Chief Davis is aware of the problem, and will address it appropriately. 554 MAY 16, 2006 - REGULAR MEETING - PAGE 8 OF 10 IX. NEW BUSINESS CONTINUED. B. Motion to approve a Temporary Street Closing Application Council Member Williams moved to approve a Temporary Street Closing Application submitted by the Okeechobee submitted by the Okeechobee County Sheriff's Office to close County Sheriff's Office to close Southwest 4tn Avenue between North and South Park Streets on Saturday, June 10, Southwest 4th Avenue between North and South Park Streets on 2006 from 10:00 a.m. to 2:00 p.m. for the Annual Safety Event; seconded by Council Member Chandler. There was Saturday, June 10, 2006 from 10:00 a.m. to 2:00 p.m. for the no discussion on this item. Annual Safety Event - City Clerk (Exhibit 6). 11 C. Motion to approve a contract for Community Development Block Grant (CDBG) Administrator, which was previously awarded to Nancy Phillips and Associates. - City Administrator (Exhibit 7). D. Motion to adopt proposed Resolution No. 06-05 pertaining to the 2006 Police Cars - City Attorney (Exhibit 8). VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to approve a (Technical Assistance) Contract between the City and Nancy Phillips of Nancy A. Phillips and Associates, (in the amount of forty-eight thousand dollars ($48,000.00), no more than the CDBG allowable compensation of 8 percent of the grant award) to serve as the Administrator for the (2005 Federal Fiscal Year), Community Development Block Grant (CDBG) (on Economic Development, Grant No. 06-DB-3K-07-57- 02-E10, Infrastructure to the City Commerce Center. Ranking of Administrator was approved at the April 4, 2006 meeting); seconded by Council Member Williams. There was a brief discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Chandler moved to adopt proposed Resolution No. 06-05 pertaining to the 2006 Police Cars purchasing program; seconded by Council Member Williams. Attorney Cook read proposed Resolution No. 06-5 by title only as follows: "A RESOLUTION OF THE CITYCOUNCIL OF THE CITYOFOKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE -FINANCING OFCERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE -PURCHASE AGREEMENT WITH POPULAR LEASING U.S.A., INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE." VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. MAY 16, 2006 -REGULAR MEETING -PAGE 9 OF 10 555 IX. NEW BUSINESS CONTINUED. E. Consider a salary increase request from City Engineer, Oscar Mayor Kirk opened the floor for discussion regarding a request from Engineer Bermudez for a salary increase. He Bermudez - City Administrator. explained that the matter was discussed between the two of them prior to the 2005-06 FY budget. Through the process somewhere, he (the Mayor) laid it on the back burner and completely forgot about bringing the matter to the Council. He apologized for the oversight, and was requesting that the Council address it at this time. Administrator Whitehall added that Mr. Bermudez was hired January 2, 2002. He is a certified licensed P.E.(Civil Engineer) "I do not have to tell you what a P.E. is worth. Prior to me starting with the City, the Mayor negotiated a proposed salary increase with him. Since coming aboard, he and I have had conversations in passing regarding the salary, but I did not understand exactly what happened. Then, in the last couple of weeks Mr. Bermudez has let me know he wants the situation addressed." Mr. Whitehall explained further that he cautioned Mr. Bermudez, "salaries are to be discussed during the budget process and only during budget. Otherwise, the Council will open the door to everyone to submit their requests all through the year." As the Mayor explained, he tried to do that, but it never got to the Council. He has been offered another job. However, that other job offer was not presented as a threat in order to obtain a salary increase. Below is an outline of the Engineer's annual salary since his hire date: January 1, 2002 - $45,000.00 (starting salary, normal $1,000.00 was not withheld during probation period) October 1, 2003 - $46,350.00 (across the board raise for all employees) October 1, 2003 - $47,941.88. (across the board raise and Step Plan adopted - Step 1) January 1, 2004 - $48,fi61.00 (Step 2 increase) October 1, 2004 - $49,755.88 (across the board raise for all employees - Step 2) January 1, 2005 - $50,502.22 (Step 3 increase) October 1, 2005 - $55,500.00 (across the board 6 percent raise for all employees - Step 3) January 2, 2006- $54,353.33 (Step 4 increase) Mr. Bermudez is requesting his salary be increased to $60,000.00. Mayor Kirk added that while discussing the salary with Mr. Bermudez he did not obligate the City to a certain dollar figure, but that he would put the offer before the Council and we would make a decision on the figure. Administrator Whitehall interjected that the engineer position is the only one the City has that requires a specific education and certification and should be handled separate from other salaries. Council Member Watford voiced his concern of discussing the salary mid year. He agreed with the administrator's perception, that it should only be handled during the budget process. However, out of respect for the Mayor, since he is of the opinion that this is a situation where the City has made a commitment and it fell through the cracks, perhaps we should consider it. His struggle was, was this a procedural or morel correct thing to do? 555 MAY 16, 2006 - REGULAR MEETING -PAGE 10 OF 10 FT ni ACTIO _ C C NSF n. IX. NEW BUSINESS E. Consider a salary increase request from City Engineer, Oscar Council Member Markham remarked that he was sorry that this situation has occurred. Mr. Bermudez has done a good Bermudez continued. job for the City. However, he did not want to discuss salaries out of the budget process. Council Member Williams asked whether we knew the salary of other like size City's with on -staff engineers? Administrator Whitehall responded that he did not know, but that he would research it. Attorney Cook suggested, and Council agreed that they could also look at the annual expense the City had when outsourcing the engineering to Lawson, Noble and Webb. The Council then discussed whether or not the increase would be retro back to October 1, 2005, and how the salary step increase would come into play with it? Discussion ensued. Mayor Kirk advised that based on the discussion with the Council, he would suggest that the matter be deferred until budget time. He apologized for "dropping the ball." Administrator Whitehall was instructed to meet with Mr. Bermudez to explain the discussion, apologize for the mistake, but the Council will discuss the salary at budget time. ITEM ADDED TO THE AGENDA. F. Motion to approve a Temporary Street Council Member Watford moved to approve a Temporary Street Closing Application submitted by Okeechobee Main Closing Application submitted by Okeechobee Main Street for South East Street to close South East Park Street between 2d and 3`d Avenues and (if needed) Southeast 2"d Avenue between Park Street between 2nd and 3`d Avenues and Southeast 2" Avenue North and South Park Streets on Saturday, May 20, 2006 from 7:00 a.m. to 7:00 p.m. for the Jimmie Scott Osceola between North and South Park Streets on Saturday. May 20, 2006 from Celebration; seconded by Council Member Chandler. 7:00 a.m. to 7:00 p.m. for the Jimmie Scott Osceola Celebration - City Clerk (Exhibit 9). Council Member Williams noted for the record that she would be abstaining from voting due to her employment by Okeechobee Main Street. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - ABSTAINED* CHANDLER - YEA WATFORD - YEA MOTION CARRIED. X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:16 P.M. by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the The next regularly scheduled meeting is June 6, 2006. - testimony and evidence upon which the appeal is to be . City Clerk tapes are for the sote purpose of backup for official records of the C! *Council Member Williams Form 8B Memorandum of Voting Conflict for Municipal Public Officers was completed and filed in the Office of the City Clerk. T: James E. Kirk, Mayor Aa�ne.arniotea, C C, City Clerk AFFIDAVIT OF PUBLISHER OKEECHOBEE WES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013061 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 05/11/2006 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. lams A. Hughes, Jr., (Publisher) Sworn to and subscribed before me this day of I A.D. 2006 a -------------------`E;-- ------------- CITEE ING REG- -ULAR MEETING NOTICE . NOTICE IS HEREBY GIVEN that the City Council of City of Okeechobee 'will meet in Regular Session on Tuesday, May 16, 2006, 6:00 p-m., at City Hall, 55 SE 3rt Ave., Rm. 200, Okeechohee, Fkuida. The public is in- vited and encouraged to attend. Fora copy of the agenda contact City Administration at (863) 763-3372 z 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peal any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such pur- pose may need to ensure a verbatim record of the proceedings is mane, which record in- cludes the testimony and evidence upon which the appeal is to he based. Tapes arc used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Stature 286'26, persons with disabilities needing spe- cial accommodation 10 participate in this pro- ceeding should contact Lane Gamiotea, no later than two (2) working days prior 10 the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800- 222-3448 (voice) or 1-888-447-5620 (TTY). by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PUBLISH 05/11/2006 OKEECHOBEE TIMES ____________________________________________-_- (SEAL) Notary Public , Reseaiee , Brennan =_ Conunission #DD318483 Expires: Jun 25, 2008 Bonded i'tuu OF F t ` Atlantic Bonding Co., Inc. • Page -1- Tape 1 side A 6:00 p.m. CITY OF OKEECHOBEE - May 16, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, May 16, 2006, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Edward Weiss. Church of Our Savior: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present 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 Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson X X X X X X X X X X X X IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Certificate of Appreciation to John Whidden. Mayor Kirk presented a framed Certificate of Appreciation, which read, "Office of the Mayor, Okeechobee, Florida, Extends this Expression of Appreciation to John Whidden, In Recognition of his Outstanding Service to the Community, The City and your Fellow Citizens, have Benefitted Greatly by your Unselfish Dedication, in the Performance of your Duties as a Member of the Land Planning Agency, Planning Board, Board of Adjustment & Appeals, Design Review Board, May 1, 2005 to April 30, 2006, Given on Behalf of the City Council this 16th day of May, 2006." Mr. Whidden thanked the Mayor for the certificate and their thoughtfullness of presenting it to him. B. Proclaim May 20, 2006 as "Jimmie Scott Osceola Day." Office of to Magreor Okeecbobee, Florida WHEREAS, Jimmie Scott Osceola was Morn at the Brighton Seminole Indian Reservation; and WHEREAS, Jimmie Scott Osceola attended Okeechobee Countp Schools graauatin in the Senior Gass Of 1959; and WHEREAS Jimmie Scott Osceola was verN active in sports tbrou bout � s scboof ,Nears, and f of (owing scboof be was verN much lnvofveb in rodeo, professional alligator wresting and in bis arts ,called "India Inkil. and WHEREAS, Jimmie Scott Osceola continues to assist our communitvN in learning more about the Indian Heritage tbrot bis artwork and bis Indian stories that be shares with everyone. NOW THEREFORE, I, James E. Kirk y virtue of the autboritN vesteb in me as Mayor of the City of Okeecbobee, Florida, bo bere6 y proclaim May 20, 2oo6 as 17IMMIE SCOTT OSCEOLA DAY."My little brother asked me to speak for him, thank you for this, first time invited to attend meeting and recognition, okeechobee did not allow seminoles to attend school at one time, but we have always loved okeechobee. Okeechobee seminole language and means big water or big lake. Louise Gopher, on behalf Andy Bowers, presenting scholarships, thank city of okeechobee, Jo Dan just said, big hearted people, always asked we get along so good and why is education work so good in okeechobee, tell them it's the great relationship we have had with everyone, Jimmie has had a lot of trials and triumphs over the years, • 0 Page -2- exemplifies the seminole people and we thank you. C. Proclaim May 20-26 2006 as "Safe Boating Week." Office of the Mayor WHEREAS, recreational boating is fun and enjoyable. We are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. While being a marvelous source of recreation, boating to the unprepared can be a risky sport. Not knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all examples of lack of proper judgment. One particular behavior that can reduce, by approximately 80%, the number of boaters who lose their lives by drowning each year, is the wearing of a life jacket; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modern life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 20 through 26, 2006 as "National Safe Boating Week"and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits. Presented to Fred Sterling of the Coast Guard Flottia. Invited everyone to the community boating event on Saturday, May 20, at Okee Tanie from 9:00 a.m. to 2:00 p.m. D. Proclaim June 5-9 as "Code Enforcement Officers' Appreciation Week." Office of the Mayor Okeechobee, Florida WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement (F.A.C.E.) Has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim June 5 - 9, 2006 as "CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK" in the City of Okeechobee. City Code Officer Fred Sterling received the proclamation. V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the May 2, 2006 Regular Meeting; seconded by Council Member Williams. No discussion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VI. WARRANT REGISTER - City Administrator A. Council Member Watford moved to approve the April 2006 Warrant Register in the amounts, General Fund four hundred eightthousand, two hundred thirty-five dollars and thirty-one cents; Public Facilities Improvement Fund, forty-five thousand, sixty-seven dollars; seconded by Council Member Markham. There was no discussion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X Page -3- MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Add new business item, exhibit 9 for a temporary street closing application. Invitation for battlefield purchase. VIII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:20 P.M. A.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 946 regarding Rezoning Peition No. 06-003-R, submitted by Malissa Morgan on behalf of property owner, A Childs World Childcare and Preschool, Inc, to rezone Lots 4-6 of Block 251, Fist Addition to Okeechobee from RSF-1 to RMF- City Planning Consultant (Exhibit 1); 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 WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 946 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.,, 3. a) Council Member Markham moved to adopt proposed Ordinance No. 946; seconded by Council Member Chandler. b) Public comments and discussion. None. Watford discussed quite a bit at first reading, 13 letters no objections. 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 Ordinance No. 947 regarding the General Employees' and the Okeechobee Utility Authority Employees' Retirement System - City Attorney (Exhibit 2); 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 WILLIAMS X MOTION: CARRIED. • 0 Page -4- c) Attorney Cook read proposed Ordinance No. 947 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEEAMENDING THE CITYOFOKEECHOBEEAND OKEECHOBEE UTILITY AUTHORITYEMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE N0. 828; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 10, OPTIONAL FORMS OFBENEFITS; AMENDING SECTION 15, DISTRIBUTIONOFBENEFITS; AMENDINGSECTION24, DIRECT TRANSFERS OFELIGIBLE FOR ROLLOVER DISTRIBUTIONS, AMENDING SECTION28, DEFERRED RETIREMENT OPTION PLAN, PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. " 2. a) Council Member Markham moved to adopt proposed Ordinance No. 947; seconded by Council Member Chandler b) Public Comments and discussion. None from the public. This ordinance was submitted by Pension Attorney Scott Christiansen, who was not able to attend the meeting. In a cover letter, he outlined the purpose of the changes due to recent amendments to the Internal Revenue Code which apply to tax qualified pension plans: Section 10, Optional Forms of Benefits, has been amended to reflect revised IRS limitations on the calculation and payment of the Joint and Survivor benefit option. 2. Section 15, Distribution of Benefits, has been amended to incorporate changes to the minimum distribution requirements of Internal Revenue Code Section 401(a)(9). These changes are based upon model language supplied by the IRS for inclusion in tax -qualified pension plans. 3. Various sections of the plan have also been amended to eliminate any mandatory cash distributions in excess of $1,000.00 These changes are proposed to eliminate the effects of a new Internal Revenue Code (401 (a)(31)(13)) provision that would require the Board of Trustees to establish an IRA for any member or former member who is due an involuntary distribution and who fails to elect, in writing, to receive either a cash distribution or a rollover of the amount to be distributed. Watford, no costs associated with these amendments letter from the Actuarial Firm, Gabriel Roeder Smith & Company. 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 Ordinance No. 948 regarding the Police Officers Pension Trust Fund - City 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 WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 948 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE CJ • Page -5- OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 888, AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "CREDITED SERVICE", AMENDING SECTION 10, OPTIONAL FORMS OFBENEFITS, AMENDING SECTION 16,D1STRIBUTIONOFBENEFITS,AMENDINGSECTION26, DIRECT TRANSFERS OFELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. " 2. a) Council Member Markham moved to adopt proposed Ordinance No. 948; seconded by Council Member Chandler. b) Mayor Kirk asked whether there were any comments or questions from the public. There were none. This ordinance was submitted by Pension Attorney Scott Christiansen, who was not able to attend the meeting. In a cover letter, he outlined the purpose of the changes due to recent amendments to the Internal Revenue Code which apply to tax qualified pension plans: 1. Section 10, Optional Forms of Benefits, has been amended to reflect revised IRS limitations on the calculation and payment of the Joint and Survivor benefit option. 2.Section 16, Distribution of Benefits, has been amended to incorporate changes to the minimum distribution requirements of Internal Revenue Code Section 401(a)(9). These changes are based upon model language supplied by the IRS for inclusion in tax -qualified pension plans. 3. Various sections of the plan have also been amended to eliminate any mandatory cash distributions in excess of $1,000.00 These changes are proposed to eliminate the effects of a new Internal Revenue Code (401(a)(31)(B)) provision that would require the Board of Trustees to establish an IRA for any member or former member who is due an involuntary distribution and who fails to elect, in writing, to receive either a cash distribution or a rollover of the amount to be distributed. Letter recieved from actuary. 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 Ordinance No. 949 regarding the Firefighters' Pension Trust Fund - City Attorney (Exhibit 4); 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 WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 949 by title only as follows: "AN ORDINANCE OFTHE CI TY OF OKEECHOBEE AMENDING THE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 889; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS, AMENDING SECTION 16, DISTRIBUTION OF BENEFITS; AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Page -6- 2. a) Council Member Markham moved to adopt proposed Ordinance No. 949; seconded by Council Member Chandler tape 1 side b, 6:30 p.m. b) Public comments and discussion. This ordinance was submitted by Pension Attorney Scott Christiansen, who was not able to attend the meeting. In a cover letter, he outlined the purpose of the changes due to recent amendments to the Internal Revenue Code which apply to tax qualified pension plans: Section 10, Optional Forms of Benefits, has been amended to reflect revised IRS limitations on the calculation and payment of the Joint and Survivor benefit option. 2. Section 16, Distribution of Benefits, has been amended to incorporate changes to the minimum distribution requirements of Internal Revenue Code Section 401(a)(9). These changes are based upon model language supplied by the IRS for inclusion in tax -qualified pension plans. 3. Various sections of the plan have also been amended to eliminate any mandatory cash distributions in excess of $1,000.00 These changes are proposed to eliminate the effects of a new Internal Revenue Code (401 (a)(31)(13)) provision that would require the Board of Trustees to establish an IRA for any member or former member who is due an involuntary distribution and who fails to elect, in writing, to receive either a cash distribution or a rollover of the amount to be distributed. 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 6:31 P.M. IX. NEW BUSINESS. A. Discussion pertaining to a speeding problem in a residential area on Southwest 3`d Avenue - Wesley Bohn (Exhibit 5). We have a problem with cars running through the streets 40-60 mph, school buses running at 6:30 a.m, we need additional police through there, great problem, don't understand why we have speed limits signs in the city because no one obeys them, take the signs down and then you wont have to maintain them, it's a law if you have a sign up that reads 35 mph, 441 and any street in this city and I drive the speed limit and get run over by people, I must be the number one driver in the town because I get the number one (the bird) sign from other drivers, its just little things that we are not getting done. Williams, I know they are enforcing out there, my daughter got a ticket this weekend, and they are working on it. Bohn tells story of person who was trying to pass him in a 25 mph zone. Davis once I found he asked to be on the agenda, any time problem in any given area, and we'd address it. Bohn, 20 cars, parked on side of road, Saturday and Friday nights have a lot of cars, told the neighbors, got a little help from the police officers to remove them. Mayor, chief is aware of the problem and will address it for you but thank you for bringing it to our attention. B. Council Member Williams moved to approve a Temporary Street Closing Application submitted by the Okeechobee County Sheriff's Office to close Southwest 4`h Avenue between North and South Park Streets on Saturday, June 10, 2006 from 10:00 a.m. to 2:00 p.m. for the Annual Safety Event - City Clerk (Exhibit 6); seconded by Council Member Chandler. VOTE YEA NAY ABSTAIN ABSENT 0 0 KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. Page -7- C. Council Member Watford moved to approve a (Technical Assistance) Contract between the City and Nancy Phillips of Nancy A. Phillips and Associates, in the amount of forty-eight thousand dollars ($48,000.00 - no more than the CDBG allowable compensation of 8 percent of the grant award) to serve as the Administrator for the 2005 Federal Fiscal Year, Community Development Block Grant (CDBG) on Economic Development (Grant No. 06-DB-3K-07-57-02-E10). Ranking of Administrator was approved at the April 4, 2006 meeting. - City Administrator (Exhibit 7); seconded by Council Member Williams. Watford what in the world are we doing, old time street right of way to finish out the roadways. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Council Member Chandler moved to adopt proposed Resolution No. 06-05 pertaining to the 2006 Police Cars purchasing program - City Attorney (Exhibit 8); seconded by Council Member Williams. Attorney Cook read proposed Resolution No. 06-5 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE -FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OFA MASTER LEASE-PURCHASEAGREEMENT WITH POPULAR LEASING U.S.A., INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE." VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. E. Consider a salary increase request from City Engineer, Oscar Bermudez - City Administrator. Mayor, let me give you a back ground on this, this was something I discussed with our engineer prior to the last budget and through this process somewhere I laid it on the back burning and completely forgot about an adjustment to his salary. I think we need to address it, I apologize for not having brought up during the budget process, he was offered a job to take him away from here and he stayed, he has saved us money on projects, think his salary increase was. Brian, jan 02, certified licenses pe, don't' have to tell you what a pe is worth, prior to me starting, mayor negotiated with him, conversation in passing, never put in budget, last couple of weeks he's let me know we wants it addressed, my thinking is budget process only during budget, otherwise will open the door to everyone, appropriate is the budget time to discuss, oscar tried to do that, but never got to you, offered another job and part of the negotiation would be brought up at the budget time, statiscally 55,500.00 50% 57,500, since that time he recived step increast 6% incraae to all employee's now 54,335.00, mayor and I talked, 60,000.00 little less than what was negotiated back in summer, that is what is being suggested. Mayor, I'm the one who dropped the ball on this not Oscar not Brian, wish he would have brought it to my Page -8- attention, he trusted I was doing this and I didnt'. Wataford, with the step increase and increased, 60,000.00 salary? Step increase nd adding have you spoke with oscar on that figure? Brian he would rather see that 7500 figure, hard to commit to that, didn't get to the council table, they were committed to carrying that negotiation, but not necessarily what the council would approve. Mayor, didn't commit council to the 7500 dollar figure, but that I would bring it up to the council and the council would have to put the figure. Brian, he's a pe, know what pe demands are in the market place, any dept head can go out and get comparatives and put them in front of us, separate this position from other employee's. Is he happy? Don't know. Mayor, I dropped the ball and don't know whether we should address now or wait until budget process. Watford, right and normally only do this once a year. In your opinion is this a case where maybe we kind of made a committment that fell through the cracks. Mayor, yes the committment was that I would have brought it to the table, but not a dollar figure. Brian, and we will have to look at the position, he's a valuable resource, we'll have to look at the salary if he ever steps down because no one would take that job for that salary. John about this time last year, you and I talked to him, Brian came on, his first budget, just something that was overlooked. Markham, in the memo we had 6% incrase 53,500.00, no didn't have the last step increase, 54,335.00 annually, talking 7250 on top of that, rounding off to 60,000.00. Doing this ahead of budget, don't have other employees to compare salaries, 60,000.00 second highest paid person here, under Brian, sorry it happed, feel he's well worth more than 53, but have problem with 60 and have problem with doing it in the middle of the year, like to compare all the dept heads, like to look at them all at the same time, budget amendment and give him that salary and then give percentage across the board, YES HE WOULD. Brian rounded to 60,000 because of that, he's number would have put him in the 62 plus range, kirk, as a council not use to dealing with someone with specific education requirements that are not easy to get and got to bear that in mind, council feels like waiting, not going to argue, told him I'd bring it up, if we loose him we will. Markham don't think its right to other dept heads to see us do this in the middle of the year, I'm sorry, rather wait until, look at everyone. Mayor we may need to wait until budget time, but comparing not going to help williams, how much engineer makes for our size? Ft Pierce head engin $120,000. Markham but what's their adminis making, look at LNW figures and see what we paid them over the years. Kirk, I've tried you can be thinking about it just hate to loose him, but will come a time when we will loose him, wont stay here forever. Brian, he's not threating to leave the city, not how we predicate salary increases, can look at other cities, private sector he can make a great deal more, kirk, cities our size, on staff engineer. Williams, will be opening it up to Watford normally wouldn't even consider it but respect to the mayor felt something we needed to do because of the situation, willing to look at it, he says we can wait till budget process, correct, amount will increase from what he's asking now, we in this instance made a mistake and if we wont to correct it, since we made it and want to correct it only in this instance I would agree to address it. 57,500.00 retro to oct one? Just feel little know the procedurially correct thing to do but is there a morally correc tthing to do also, tell somebody 0 • Page -9- something we normally stood by that, my concern, Brian how obligated is the city council by getting to 57,500 now and then rest at budget, think williams, back to oct 1? Kirk, lets address it at budget time, direct administrator to sit down and talk with him, tell him mayor didn't bring it up and will be more than happy to address that at that time, wants to stay with us fine, we'll look at other cities salaries, go ahead and bringing it out, I feel better, comfortable with it. ITEM ADDED TO THE AGENDA: F. Lydia abstaining from voting. Council Member Watford moved to approve a Temporary Street Closing Application submitted by Okeechobee Main Street to close Southeast 3'd Avenue between North and South Park Streets and South East Park Street between 2"d and 3'd Avenues on Saturday, May 20, 2006 from for the - City Clerk (Exhibit 9); seconded by Council Member Chandler. Markham whats planned Williams, seminoles from all over florida, bringing in artwork, presentation, ceremony out there at 10 am hollywood and big cypress, all indians, no one selling anything, water, lunch provided by jo dan for anyone, do not know how many to prepare for, they will show up and needed the extra space. Kirk, brian make a note to email us about this event I'd liek to be there at 10. Watford event is 9-5, 10 ceremony honoray members, last medicine man from new york to. Thursday event, at daniel building dust collectors main street mixers, he's going to be there 5-7 p.m. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X (voting conflict form signed & filed) MOTION: CARRIED. X. MAYOR KIRK ADJOURNED THE MEETING AT 7:16 P.M. CITY OF OKEECHOBEE MAY 16, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: May 16, 2006, City Council Regular Meeting, 6:00 p.m. IsII. OPENING CEREMONIES: Invocation given by Pastor Edward Weiss, Church of Our Savior; 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 Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS. A. Present Certificate of Appreciation to John Whidden. B. Proclaim May 20, 2006 as "Jimmie Scoff Osceola Day." C. Proclaim May 20 - 26, 2006 as "Save Boating Week." D. Proclaim June 5 - 9, 2006 as "Code Enforcement Ofcers'Appreciation Week." MAY 16, 2006 - CrrY COUNCIL AGENDA - PAGE 2 OF 4 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 2, 2006 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the April 2006 Warrant Register, General Fund $408,235.31 Public Facilities Improvement Fund $ 45,067.00 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 946 regarding Rezoning Petition No. 06-003-R, submitted by Malissa Morgan on behalf of property owner, A Child's world and Preschool, Inc. to rezone Lots 4 - 6 of Block 251, First Addition to Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF) - City Planning Consultant (Exhibit 1). b) Vote on motion to read by titre only. c) City Attorney to read proposed Ordinance No. 946 by title only. 2.a) Motion to adopt proposed Ordinance No. 946. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 947 regarding the General employees' and the Okeechobee Utility Authority Employees' Retirement System - City Attorney (Exhibit 2). MAY 16, 2006 - CITY COUNCIL AGENDA - PAGE 3 OF 4 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.2.b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 947 by title only. 2.a) Motion to adopt proposed Ordinance No. 947. b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to read by title only proposed Ordinance No. 948 regarding the Police Officers' Pension Trust Fund - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 948 by title only. 2.a) Motion to adopt proposed Ordinance No. 948. b) Public comments and discussion. c) Vote on motion. D.1.a) Motion to read by title only proposed Ordinance No. 949 regarding the Firefighters' Pension Trust Fund -City Attorney (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 949 by title only. MAY 16, 2006 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D.2.a) Motion to adopt proposed Ordinance No. 949. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. A. Discussion pertaining to a speeding problem in a residential area on Southwest 311 Avenue - Wesley Bohn (Exhibit 5). B. Motion to approve a Temporary Street Closing Application submitted by the Okeechobee County Sherifrs Office to close Southwest 4th Avenue between North and South Park Streets on Saturday, June 10, 2006 from 10:00 a.m. to 2:00 p.m. for the Annual Safety Event - City Clerk (Exhibit 6). C. Motion to approve a contract for the Community Development Block Grant (CDBG) Administrator, which was previously awarded to Nancy Phillips & Associates - City Administrator (Exhibit 7). D. Motion to adopt proposed Resolution No.06-05 pertaining to the 2006 Police Cars - City Attorney (Exhibit 8). E. Consider a salary increase request from City Engineer, Oscar Bermudez - City Administrator. X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Cleric. . Y Office of the Mayor -= - :r Okeechobee, Florida xNHEREAS, recreational boating is fun and enjoyable. We are fortunate that we have suff{y x - ` resources to accommodate the wide variety of pleasure boating demands. While'befir3g > a marvelous source of recreation, boating to the unprepared can be a risky sport 146 ,. knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operat�rtgr a boat, or choosingnot to wear a life jacket are all examples of lack of proper ud menfi: j P p p J g One particular behavior that can reduce, by approximately 80%, the number of boaters who lose their lives by drowning each year, is the wearing of a life jacket; and Ll WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modem life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE, i, James E. Kirk, by virtue of the authority vested in me as Mayor of the City. of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 20 through 26, 2006 as "National Safe Boating Week" and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits. _+ In witness whereof I have hereunto set my hand and caused this seal to be affixed. James E. Kirk, Mayor Attest: Lane Gamiotea, City Clerk' Date: May 16, 2006': r k r ' Office of the Mayor " �s� Okeechobee, Florida ER:EAS, Code Enforcement Ocers provide for the sa• fety, health and welfare of -the �ztie , thisvommunity through the enforcement of building,-oning, housing, animal control fire a� r environmental and other codes and ordinances; and WHEREAS, Code Enforcement Of cers are often not cr edited for the jobs that they do in saving and improving neighborhoods; and WHEREA ,every day, assisted by sz port and program staff, they attempt to pros ide qua.. J customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Ocers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are prmrd of their department and the local government within which they serve; and WHEREAS the Florida dissociation of Code Enforcement (EA. GE) Has declared the first meek of June be set aside by localgover nment to honor and recognise their Code E nforcement Officers. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as -Mayor of the; City of Okeechobee, Florida, do hereby proclaim June S - 9, 2006 as "COD%E ENFORCEMENT OFFICERS' APPRECIATION WEEK" in the City ©f. Okeechobee. In witness whereofl have hereunto sets - hand and caused this seal to be a#�` r ,4. YY�F James E. Kirk, llfarr -- Attest:. Lane Gamiotea, C �S k _ .._. .-r � ��, t"a� a ;7 a � °f � � _�—--••----- -- n= r3,au.ri� 4.. �'_ ���;2r�. _ 00cee q1dX Mayor -� Okeechobee, Ff oriba �t 1 . HEREAS, Jimmie Scott Osceola was born at the Brighton Seminole IvrdTa Reservationi and r f' WHEREAS, Jimmie Scott Osceola attended Okeechobee Count2q Schoo[s graduati t �-^ in the Senior Class of z959i and WHEREAS, Jimmie Scott Osceola was vend active in sports throughout his school )dears, and following school he was verN much involved in rodeos professional alligator wrestling and in his artwork called "India Ink"- and WHEREAS, Jimmie Scott Osceola continues to assist our communitN in learning more about the Indian Heritage through his artwork and his Indian stories that he shares with everdone. NOW THEREFORE, I, James E. Kirk bN virtue of the authority vested in m as Maur or of the Cit29 of Okeecbobeei Florida, d o bereb2g proclaim MaV 201 2006 as 71A&MIE SCOTT OSCEOLA DAY -- In witness whereo I have hereu nto unto set my hand and caused this seal to be affixed. r In a...4 ; James E. Kirk, Mayo Attest: ;;. Lane Gamiotea, z� 4 .. ._ �'-=, •: ^.;mow._. -: . _ .-.«er ... <.;.�YG°„W I . .. tp F. f MOP • • • • EXHIBIT 1 MAY 16, 2006 ORDINANCE NO. 946 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the applicant Malissa Morgan, on behalf of the owners, A Child's World Childcare and Preschool, Inc., of the property more particularly described hereafter, has heretofore filed Petition No. 06-003-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 6.88 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Residential Multiple Family (RMF) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and 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 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 Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 4 THROUGH 6 OF BLOCK 251, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC RECORDS OF OKEECHOBEE COUNTY, 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) Zoning District. SECTION 3. CONFLICT. Page 1 of 2 All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 2"d day of May' 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 16"' day of May, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor AM11hk Adh AdIlk Alk, City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Boom 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date:1. etition No. ©(p -Co Fee Paid: '— ,®O Jurisdiction: C(°, 1st Hearing: 2nd Hearing: g� Publication Dates: 4 16) �, a q� 0 CG Notices Mailed: Uniform Land Use Application Rezone • Snecial F.xcention • Variance ✓ Name of property owner(s): A L 1117d gaboaltn e A Owner mailing address: L 3�Q7 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): IIJ1,4115sa N T J Contact person daytime hone(s): �jp - " lQ - Fax: ✓ Property address / directions to property: 9,9.2d m, �W 9, le - Indicate current use of property: Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): e/ Approximate number of acres: $ 8 Is property in a platted subdivision? Vey P R Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: No 0 P Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: E R Is a sale subject to this application being granted? D T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: a —Wq�r Describe adjoining land uses / improvements to the North: Dwilea/ South: Jr'ale East: West: l h Existing zoning: _ Future Land Use classification:�n XZ Actions Requested: (Y Rezone Special Exception Variance Parcel Identification Number: ,3 % ' 3 -,35 - pa,0 - Q-9 Q - �90 V O -gW/- .j7- 95 - Oagw0 - 10a5/49 - fJOlo 0 ✓ Confirmation of Information Accuracy I hereby certify that the information in this application is correct_ The information 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 and may re�sujlt in the summary denial of this application. te Sign' a Printed Name Date iwv 7-7— `l7ar�n 0 1 r ie 1- i ZS �00 Uniform Land Use Application (rev. 1iO3) Page 1 of 2 Current zoning classification: ICRequested zoning classification : leMr R : What is your desired permitted use under the proposed classification: E Z O N If granted, will the new zone be contiguous with a like zone? E S Is a Special Exception necessary for your intended use? Variance? n0 Describe the Special Exception sought: 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 be in the best interest of the area and residents? p T I O N If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: V A R I Describe physical characteristic of property that makes variance necessary: 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 go • 0 To Whom it May Concern: January 25, 2006 A Child's World Childcare and Preschool, Inc would like to request a rezoning to RMF for parcel identification numbers 3-21-37-35-0020-02510-0040 and 3-21-37-35-0020- 02510-0060 legally described as lots 4, 5, and 6 of block 251, first addition to Okeechobee. Currently, A Child's World operates a private school on lots 1, 2, and 3 of block 251, first addition to Okeechobee. Recently, A Child's World acquired parcel identification numbers 3-21-37-35-0020-02510-0040 and 3-21-37-35-0020-02510-0060 legally described as lots 4, 5, and 6 of block 251, first addition to Okeechobee and would like to expand the current business to accommodate the needs of the community and the extensive waiting list at the facility. A Child's World is located north of the proposed property for special exception and connects with the property proposed. To the East of the property is Central Elementary, to the west is Sacred Heart Catholic Church, and to the south is a single family residential home. Thank you for your consideration of this matter. Sincerely, Vd� Malissa Morgan, P si ent Sharon Poirier, Vice President A Child's World Childcare and Preschool, Inc. 703 SW 6'b St Okeechobee, FL 34974 863-763-5453 C� This Document Prepared by A" Return to: TIMA ) Rs OK&SCHOBE& ABSTRACT & TITLE INsuRANCE, INC. 207 NW 2ND STREET OPO,ECHOBEE, FLORIDA 34972 1-863-763-3710 ParulmNumben 3-21-37-35-0020-02510-0010 Quitclaim Deed • •F'II_E MUi'! ?Uid5ip23828 OR SK 00582 PG 0453 SHARON RDBERTSON► CLERK OF CIRCUIT CDUR OKEECHOBEE COUNTY, FL RECORDED 11/14/2005 04:37114 PM RECORDING FEES 10.00 DEED DOC 0.70 RECnitDED BY N Arnold This Quitclaim heed, Made this day of October , 2005 A.D. , Between MA,LISSA M. MORGAN, a married woman of the County of OjMCHOB tEE , State of Florida 31 grantor, ana A CHILD'S WORLD CHILDCARE and PRESCHOOL, INC., a Florida Corporation whose address is: 703 SW GTE STREET, OKEECHOBEE, FL 34974 of tie County of OREECHOSEE ' Sara of Florida ,grantee. WitneSSeth that the GRANTOR, for and in consideration of the suss of ana other good end valuable ----TEN DOLLARS ($10) ----------------------- considetarion m GRANTOR in hand paid by 0X4NTF.E, the DOERS. t;�� mined and quitchiatedro the said GRANTEE and ORANTEeS heirs, receipt whethe B Hereby acknowledged, has lying and being in rho County of OKEECHOBEE Sure of raid on issigas fwever the following desenW land, sinrage, LOT 4 AND THE NORTH 1 /2 OF LOT 5 Sara of Florida to wit , FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT O FIRST IRSSTIADDITION To OKEECHOBEE, FLORIDA' WHICH WAS RECORDED ON THE 14TH DAY OF AMIL, 2915, IN PLAT BOOK 2, AT PAGE 26, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, pAGB 11, AND PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The property herein conveyed DOES NOT constitute the HOI�STEAO property of the Grantor. Subject to current taxes, easements and restrictions of record. To Have and to Hold tba same together with all and singmar the appuranancas tbereonto belonging or in anya,, $, "Mort"ioiog, and all the estate, tight tide, interest, hm equity and Olaina wbaaoever of grantor, either in law or agnity, for me um benefit and profit of the said grantee forever. In'Witness ftereol,me gcaotur has hereunto set his hand and seal the day and year Get above written. !geed, sealed�2"Ud�ered �ourpresence: r nted Name. Witness 7� Melissa M. Mor*an P.o. Adams: 703 SW 6th Street, Okeechobee, Merida 34972 Printed Name: Witness STATE OF Florida COUNTY OF Okeechobee The foregoing instrttmmt was acknowledged before me this Sth day of November MALISSA M. MORGAN, a married woman ,2005 by she is personally !mown tome or she bas produced herDRIVERS LItPi as • a Nomry � ���ag Po wa tad Nam --i��� Al(n ✓' c W0No Dwka&APr120.MM Notary Public My Commission Enpirm: S-35632 1/1 .d 0£1l 0N `"'6e1fN"L8L£ £91 £98 10V81S9V 3390HO33NO AVI£:11 900a s Uer Ttds Document Prepared By sad Rewro to: TIPIDA MAR$ MQ:8CHABBE ARSTRACT C TITLE I11SURANCE, INC 207 NW 2ND STREET OKMECIIOBEE, FIARIDA 34972 1-863-763-3710 ParcuMftween 3-21-37-35-0020-02510-0010 Warranty Deed FILE NUM 200!!5023829 OR BK 00582 PG 045'fr 8NARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED 11/14/2005 04:37:14 Pf1 RECORDING FEES 10.00 DEED DOC 350.00 RECORDED BY N Arnold This indenture, Made [his 12 th day of October , 2003 A.D.. Between RHONDA DODD, a single woman of the Camty of OKEECHOBEE , Sae or Florida , grantor, sad A CHILD'S WORLD CHILDCARE and PRESCHOOL, INC ,r a Florida Corporation who- zddms is- 703 SW 6TH STREET, OKEECHOBEE, FL 34974 of the County of OKEECHOBEB Sax of Florida , grantee. 'W'itnesaeth that the aAANi'0a, foa nod in omWder d. of a d sum of ------------------------TER DOLLARS ($10)----------------------- .nd otla good and raluabla COMM a8oa to ORANTOR m hand Paid by a nou. RANTEE, the reeeipt whereof t: hmaby mlhu mowlodted, not granted. bupfued and sold to the Said ORANIEE and GRAN1125 heirs, succee ort snd &Wpm fomva. &a following deaenbed land. Situate, ly;ag and bd -g to th County of OKEECHOBEE Sate of Florida towit LOT 6 AND THE SOUTH 1/2 OF LOT 5, BLOCK 251, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT OF FIRST ADDITION TO OKEECHOBEE ➢LORIDA, WHICH I" RECORDED ON THE 14TH DAY OF APRIL, 1915, IN PLAT BOOK 2, AT PAGE 26, POBLIC RECORDS OF ST. LUCIE COUNTY, FiARIDA, AND A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 11, AND PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The Property herein conveyed DOES NOT constitute the HOMESTEAD Property of the Grantor. Subject to current taxes, easeu nts and restrictions of record. and the grantor does hereby Any wamnt the title to taid land, and wts defend the some agamn 6vCo) claims of ap persons whommevar. In witness whereof, the paoxr hut. benuoto Ste bit hood sod sal the day and year first. above writem. SlV"d, told dellvefed hrt OUT EaEUCC: Printed Name: ,f/ RHONDA DODD (Seal) i the s s P.O. Addtett: P.O. Bm M MaKetta, FL UjW f P intad Name: t/ctl Witness STATE OF Florida COUNTY OF Okeechobee Th* fmcViag hnmmteot was Sclaowledged bes<e mw " Sth day of ,November , 2005 by RHONDA DODD, a single woman she is Pmsonsnq hnowo tome or the has pro&wW berDRIV$RS LI77" idonti6cedon ck, ply �Sbea NKAM pbft Pr rated Name Woam►EVkftA+szo.zoM Notary public No. DW122M My cominne m PXPU s: 3-35632 Z A 6ZLl'ON --181£ £9L £98 MUSH 3390NADO WV16:11 900? '9 .Uer L, 1 ai IA &,I C' 30r ao"E L,� fi4- -j7{� 22i I Lwt---`fR Shp �y1.cG� Z4 I [3r.c�jc2S I O'q" ->0I DDu H ,.,�;17 ' FLOOD ZONE: "X" UNMAPPED SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTI❑N AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD: I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNI RDS SET FORTH IN CHAPTER 61-G-17-6 BY THE A BOAR LAND SURVEYORS PURSUANT TO SECTION . 27 FLORI ATUTES, AND THAT THERE ARE NO ABOVE G ENCRO ER THAN SH❑WN. BY, DATEi PROFESSI❑NAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED W. REPASS P.S.M. zoo, 0 C ir< h 7h 200, d' .i ilk 1F LA W � � v �Lt N _s P.lJAq r1 Zoo_ 0, C-r-vj) ■ • Z FFE PSM R/W PC n L X 0.00 D t, LEGEND -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD -EXISTING WIRE FENCE -EXISTING CHAINLINK FENCE -EXISTING WOOD FENCE -CENTER LINE -FINISH FLOOR ELEVATION -PROFESSIONAL SURVEYOR AND MAPPER -RIGHT-OF-WAY -POINT OF CURVE -DELTA ANGLE -ARC LENGTH -TYPICAL ELEVATION FIELD WORK COMPLETED, 09/22/05 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878-7568 (office & fox) CERTIF. OF AUTHORIZATION NO. LB7332 Z j Sw 4th St > `Y n Se Sw 5th St t (n cfl _ < lb Se Gu m a ¢41 Sw 6th St - - ..p n - ` Sw 7th St Sw 8th St — — Sw Bt l Ct --- -- _ ,_ -- -_ -+ )th St --- S* tGth St I LEGAL DESCRIPTION: LOT 4, 5, AND 6, BLOCK 251, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 702 & 704 SW 7TH AVENUE OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL, 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR ❑WNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4, BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATI❑N, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G. V.D. 1929. 7, SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: A CHILD'S WORLD CHILDCARE AND PRE-SCHOOL, INC. OKEECHOBEE ABSTRACT AND TITLE BIG LAKE NATIONAL BANK AND/OR ITS ASSIGNS AS THEIR INTEREST MAY APPEAR BOUNDARY SURVEY REPARED ON THE ORDER OFF 71 BIG LAKE NATIONAL BANK SCALEi DRAWN BYt FILE NO., 1'=30' TMW 1067 1375 Jackson Street, Suite 206 •• Fort Myers, Florid 1-2 Phone: 239-334-33Wax: 2634-6384 Email: larue-planning@att.net Revised Staff Report Rezoning Request �a Preparedfor., City of Okeechobee Applicant/Omer.• A Child's World Childcare & Preschoo4 Inc. Petition No. 06-003 R Staff Report Rezoning Request • Applicant: A Child's World Childc1pand Shoo[, Inc. Petition No. 06-003-R General Information Applicant/Owner: A Child's World Childcare & Preschool, Inc. Applicant Address: 703 SW 6th Street Okeechobee, F134974 Contact Person Malissa Morgan, President Contact Number: 863-763-5453 Ilroposed Future Land Use Map Single Family Classification Multi -Family Zoning District RSF-1 RMF Use of Property 1 story wood home Da care Acreage .688 •688 Location: 702 and 704 SW 7th Ave. Legal Description: Lots 4, 5, and 6, Block 251 First addition to Okeechobee, According to the Plat thereof recorded in Plat Book 1, Page 11, Public Records of Okeechobee County Florida. The applicant is requesting a rezoning from RSF-1 to RMF to expand an existing day care facility. North: Future Land Use Map Classification: Commercial Zoning District: RMF Existing Land Use: Daycare East: Future Land Use Map Classification: Public Facilities Zoning District: PUB Existing Land Use: Public School South: Future Land Use Map Classification: Single Family Zoning District: RSF-1 -Existing Land Use: Single Family 1 Staff Report Rezoning Request • • Applicant: A Child's World Child*nd *hocol, Inc. on N 3-R West: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Church The subject property has a single family structure on the site. The RSF-1 Zoning District and Single Family Future Land Use Category are consistent with the existing use. The applicant wants to convert the home into a daycare, thus requiring a RMF Zoning District and a Future Land Use change to Multi -Family. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed use is not contrary to the Comprehensive Plan requirements. If the applicant's request for a Small Scale Future Land Use Map Amendment is granted, the request would be consistent with the Multi -Family Future Land Use Category. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. A daycare center is authorized under the requested RMF Zoning District but only as a special exception use. The applicant has requested a special exception concurrent with this request. 3. The proposed use will not have an adverse effect on the public interest. The proposed use would not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed use is compatible with the existing daycare center to the north (also owned by the applicant) and with the public school directly east of the site. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Expanding the day care facility at this location will not adversely affect property values in this neighborhood. i'a Staff Report • Applicant: A Child's World ChildAnd ehool, Inc. Rezoning Request Petition No. 06-003-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The use can be buffered with landscaping if required at the site plan review phase. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use will not cause any increase density that would overburden schools or utilities services. Traffic impacts will be minimal to this site if proper ingress/egress is created from the surrounding roadways. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Traffic increases on SW 7`h Avenue and SW 6'h Street could affect public safety. A traffic impact analysis has been submitted which shows that congestion will be minimal. Also, a drainage plan would need to be submitted to show that the site will have adequate drainage flow and retention prior to operation of the facility. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. At this time, the only restrictions being placed on the property are those which are set forth in the Comprehensive Plan and the Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual owner. Summary and Conclusions Prior to Certification The proposed zoning appears to be consistent with the Comprehensive Plan, the Future Land Use Map, and the Zoning Map. Attached to this report is a copy of the Official Zoning Map indicating the location of the subject property. Recommendation Based on the above zoning criteria being met, Staff recommends for approval of the request to allow rezoning from RSF-1 to RMF permitting the applicant to operate the existing single family structure as a daycare facility. Staff Report • Applicant: A Child's World Childpnd *hool, Inc. Rezoning Request Pe on NO3-R Submitted by: James G. LaRue, AICP Planning Consultant April 2006 /:1 25.2006 - Planning Board - Page 2 of 4 III. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Board Actio for the February 28, 2006 City Council/Planning Board workshop and regular meeting and the March 28, 2006 regular meeting continued. • 0 IV. NEW BUSINESS. r� C7 A.1) Motion to remove from the table Rezoning Petition No. 06-003-R, submitted b) Malissa Morgan on behalf of property owner A Child's World Childcare and Preschool, Inc. to consider a recommendation to the City Council to rezone Lots 4 through 6 of Block 251, First Addition to Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF). The subject property is located at 702 and 704 Southwest 7' Avenue. 2) Vote on motion to remove from the table. 3) Rezoning Petition No. 06-003-R: Consider a recommendation to the City Council to rezone Lots 4 through 6 of Block 251, First Addition to Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF). The subject property is located at 702 and 704 Southwest 71h Avenue. Malissa Morgan is the applicant on behalf of property owners A Child's World Childcare and Preschool, Inc. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA BURROUGHS-YEA JOHNS - YEA MOTION CARRIED. Board Member McCoy motioned to remove from the table Rezoning Petition No. 06-003-R, submitted by Malissa Morgan on behalf of property owner, A Child's World Childcare and Preschool, Inc., to consider a recommendation to the City Council to rezone Lots 4 through 6 of Block 251, First Addition to Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF); seconded by Board Member Hoover. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA BURROUGHS-YEA JOHNS -YEA MOTION CARRIED. Mr. LaRue briefly reviewed the Staff Report as follows: Planning Staff Report Summary: The subject property has a single family structure on the site. The RSF-1 Zoning district and Single Family Future Land Use Category are consistent with the existing use. The applicant wants to convert the home into a daycare, thus requiring a RMF Zoning District and a Future Land use change to Multi -Family. April 25, 2006 - Planning Board - Page 3 of 4 IV. NEW BUSINESS CONTINUED. A. 3) Rezoning Petition No. 06-003-R continued. Planning Staff Report Comprehensive Plan Analysis: (1) The proposed use is not contrary to the Comprehensive Plan requirements. Should the applicant's request for a Small Scale Future Land Use Map Amendment be granted, the request would be consistent with the Multi -Family Future Land Use Category. (2) A daycare center is authorized under the requested RMF Zoning District but only as a special exception use. The applicant has requested a special exception concurrent with this request. (3) The proposed use would not have an adverse effect on the public interest. (4) The proposed use is compatible with the existing daycare center to the north (also owned by the applicant) and with the public school directly east of the site. (5) Expanding the day care facility at this location will not adversely affect property values in this neighborhood. (6) The use can be buffered with landscaping should it be required at the site plan review phase. (7) The proposed use will not cause any increase density that would overburden schools or utilities services. Traffic impacts will be minimal to this site should proper ingress/egress be created from the surrounding roadways. (8) Traffic increases on Southwest 7' Avenue and Southwest 6`� Street could affect public safety. A traffic impact analysis has been submitted which shows that congestion will be minimal. Also, a drainage plan would need to be submitted to show that the site will have adequate drainage flow and retention prior to operation of the facility. (9) At this time, the only restrictions being placed on the property are those which are set forth in the Comprehensive Plan and the Land Development code. (10) The proposed change will not constitute a grant of special privilege to an individual owner. Planning Staff Report Summary and Conclusions Prior to Certification: The proposed zoning appears to be consistent with the Comprehensive Plan, the Future Land Use Map and the Zoning Map. Based on the above criteria being met, Staff recommends for approval of the request to allow rezoning from RSF-1 to RMF permitting the applicant to operate the existing single family structure as a daycare facility. There were no comments from the public nor any discussion from the Board. 25, 2006 - Planning Board - Page 4 of 4 • • IV. NEW BUSINESS CONTINUED. A. 3) Rezoning Petition No. 06-003-R continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to •ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. is ATTEST: Melisa Eddings, Deputy Clerk William Ledferd, Chairperson Board Member Burroughs moved to recommend to City Council to rezone Lots 4 through 6 of Block 251, First Addition to Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF). The subject property is located at 702 and 704 Southwest 7`h Avenue. Malissa Morgan is the applicant on behalf of property owners A Child's World Childcare and Preschool, Inc.; seconded by Board Member Hoover. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA BURROUGHS-YEA JOHNS -YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:50 p.m. *The Okeechobee News • P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a in the matter of i in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues S;Ito tYlun' �-F PUBLIC NOTICE CONSIDEmIO NANCAooErn�_ ,SE TAKE NOTICE that the City Council of the City of Okeechobee, Tuesdaayy May 16,2006 at 6:00 pp m. or as soon thereafter possil A. 55 SE 3rd Ave., Okeechobee, FL corlduct a PUBLIC HEARING on - `--, -- — M *. fljh-irur Ordinance into law: Of MAP AN E e Ordinance Is regarding Rezoning Application NO. 06-003-R, submitted by Ma. lissa Morgon on behalf of the property owner A Child's world Childcare and Pre school, Inc. The apppllication is to change the zoning designation from Residential Single Famery-0ne fINSF 1) to Residential MuOrple F ." (1m) for Properly to Block 51, First Addition 10 Okeechobee, d Legal appro>um ety 0.on be'688 accre(s)ta 6 0 N members of the public are encouraged to attend and participate id the punt The proposed Ordinance may be inspected in its entirety by lic in the Office of the City Clark during regular business hours, Mon -Fri. Barn 4:30pm, except for holidays. LEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal ar decision made by the City Council with respect to any matter considered at th hearing, such interested person will need a record of the proceedings, and I,such purpose may need to ensure a verbatim record of the proceedings is mad n which the al s to I based. ich record includes the City Clerk tapes are fore the sole purpose and of baackup for officiialerecords the Clerk. nd da Statut n accord286.26apcersonshthe Americans with with disabilities needing special accommodation to nparticipate this proceeding should contact Lane Gamiolea no later than two (2) working da prior to the proceeding at 863-763-3372, X215; if hearing or voice impaired, t TOO 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). 'Lane Gamiotea, CMC, City Clerk Afftant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affaant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for ublic on in the said newspaper. f 'Sworn ;if ited b ore me this day of A.D. 20 � �}� L Notary ublic, State of Florida at Large I < ' • • • • EXHIBIT 2 MAY 16, 20M ORDINANCE NO.947 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 "CREDITED SERVICE"; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, DISTRIBUTION OF BENEFITS; AMENDING SECTION 24, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 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 and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by amending Section 1, Definitions, by amending the definition of "Credited Service", to read as follows: Credited Service means the total number of years and fractional parts of years of service as a General Employee with member contributions when required, omitting intervening years orfractional parts of years when such Memberwas not employed by the City as a General Employee. A Member may voluntarily leave his Accumulated Contributions in the Fund for a period of five (5) years afterleaving the employ of the City pending the possibility of being reemployed as a General Employee, without losing credit for the time that he was a Member of the System. If a non -vested Member leaves the employ of the City and is not reemployed within five (5) years, his Accumulated Contributions, if one -thousand dollars ($1.000.00) or less, will be returned. If a Member who is not vested is not reemoloved within five sum amount on Corms aesignatea oy the ijoara. it a vestea Member Leaves the employ of the City, his Accumulated Contributions will be returned upon his written request Upon return of his Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. The years or fractional parts of a year that a Member serves in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from employment as a General Employee with the Cityto perform training or service, and reemployment on or after December 12, 1994, shall be added to his years of Credited Service for all purposes, including vesting, provided that: A. The Member must return to his employment as a General Employee within one (1) year from the earlier of the date of his military discharge or his release from service. B. The Member deposits into the Fund the same sum that the Member would have contributed if he had remained a General Employee during his absence. The Member must deposit all missed contributions within a period equal to three (3) times the period of military service, but not more than five (5) years from the date of reemployment or he will forfeit the right to receive Credited Service for his military service pursuant to this Section. C. The maximum credit for military service pursuantto this Section shall be five (5) years. D. The Member must have been discharged or released from service under honorable conditions. E. This Section is intended to satisfy the minimum requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA), (P.L. 103-353). To the extent that this Section does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. SECTION 2: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuantto Ordinance No. 828, is hereby amended by amending Section 10, Optional Forms of Benefits, as follows: 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 electto receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: A. A retirement income of a modified monthly amount, payable to the Member during the lifetime of the Member and following the death of the Member, 100%, 75%, 66-2/3% or 50% of such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree's joint pensioner is his Spouse, The present value of Payment an 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 15, Distribution of Benefits, as follows: SECTION 15. MINIMUM DISTRIBUTION OF BENEFITS. • 0 • • 1 2. commence. C. Form of Distribution. Unless the Member's interest is distributed in e form -of an annuity purchased from an insurance company or in a I 4. 00 is • B. 6. 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 24, Direct Transfers of Eligible Rollover Distributions, to read as follows: SECTION 24. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ELIMINATION OF MMDATORY DISTRIBUTIONS. t.. SECTION 5: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby amended by amending Section 28, Deferred Retirement Option Plan, to read as follows: SECTION 28, DEFERRI U RETIREMENT OPTION PLAN 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 General Employee. Except as provided in subsection 4.&.E., no amounts shall be paid to a Member from the DROP prior to his termination of employment as a General Employee. 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.GF. 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 anituilyform selected *)a not a quelfflit-ed and thereaftei to his Beriefieiary 3hall be subject to the Incidental death benefit rule as descHbed in See 4eq (a)(9)(G) of the Gode ai id 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. (#) 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 emalovment. Distribution of the amount in a Member's April 1 following the latei of the ealemdar yeei in which he terrni, tat his employment as a Genera' Emp�nyee ot he attains age seventy Pay+►hile in service undet the pmvislens of this subsection D., beginning date equal to his entire DRePAeecuntbalsneannd annual lump surn payments thereafter of amounts credited to his E)RE)P went termination of emplo.- made in accar-dance nt shall b fir.. - D.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. E.F Distribution Limitation. Notwithstanding any other provision of ±jg subsection 4., all distributions from the DROP shall conform to the "Minimum F.G This subsection applies to distributions made on or after January t, 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. SECTION 6: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 7: 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. SECTIONS: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this end day of May , 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Passed on second and Mal reading this 16chday of May .2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney vaw%aMgen%12-02-05.wd 0LAw OFFICES • CHRISTIANSEN & DEHNER, P.A. 63 SARASOTA CENTER 13LVD. SUITE 107 SCOTT R. CHRISTIANSEN SARASOTA, FLORIDA 34240 H. LGE DEHNER April 5, 2006 Mr. Brian Whitehall, City Administrator City of Okeechobee 55 S.E. 3RD Avenue Okeechobee, FL 34974-2032 PHONE: (941) 377-2200 FAx: (941) 377-4848 Re: City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System Dear Mr. Whitehall: As you know, I represent the Board of Trustees of your City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System. As directed by the Board of Trustees, I am enclosing a proposed ordinance which is recommended for adoption by City Council. The ordinance includes a number of changes resulting from recent amendments to the Internal Revenue Code which apply to tax qualified pension plans such as ours: 1. Section 10, Optional Forms of Benefits, has been amended to reflect revised IRS limitations on the calculation and payment of the Joint and Survivor benefit option. 2. Section 15, Distribution of Benefits, has been amended to incorporate changes to the minimum distribution requirements of Internal Revenue Code Section 401 (a)(9). These changes are based upon model language supplied by the IRS for inclusion in tax -qualified pension plans. 3. Various sections of the plan have also been amended to eliminate any mandatory cash distributions in excess of one -thousand dollars. These changes are proposed to eliminate the effects of anew Internal Revenue Code (401 (a)(31)(B)) provision that would require the Board of Trustees to establish an IRA for any member or former member who is due an involuntary distribution and who fails to elect, in writing, to receive either a cash distribution or a rollover of the amount to be distributed. Mr. Brian Whitehall, City AcLministrator April 5, 2006 Page 2 By copy of this letter to the Board's actuary, Gabriel, Roeder, Smith 8& Company, I am requesting that they provide you with a letter confirming that there is no cost associated with the adoption of this ordinance. If you or any member of your staff have any questions with regard to this ordinance, please feel free to give me a call. In addition, if you feel it would be appropriate for me to be present at the meeting at which this ordinance is considered by the City Council, please contact my office to advise me of the date that the ordinance would be considered. Yours v truly, / Scott R. Christiansen SRC/vaw enclosure cc: Gabriel, Roeder, Smith & Company, with enclosure Manta Rice, without enclosure 0 0 0 0 51 f to rnun ��.� The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a C. S5 1 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE TAKE NOTICE that the City Council of the City of esdap, may 16,2006 at 6:00 p.m. or as soon th 6 SE 3rd Ave., Okeechobee, FL conduct a PUBLK o consider final readli of the foilavringg Ordinanc 1ANCE OF. THE CITY OF OKEECHOBEE, FLORIDI YAM in the matter of ING SECTION 75, lummounun ur ocnenra; nm[nurnu ItECT TRANSFERS OF ELIGIBLE FOR ROLLOVER DISTRIBUTIONS; AMENDIN f % 1 SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR COOIF CATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEAG All LINDATP o cU l z �-r-�� ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE M members of the public are encouraged to attend and participate in said hearin The proposed ordinance may be in inspected in its entirety by members of t public in the Office of the City Clerk during regular business hours, Mon- Fri, Ba 13-1 4:30pm, except to holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal a decision made by the City Council with respect to any matter considered at 11 in the 19th Judicial District of the Circuit Court of Okeechobee hearing, such interested person will need a record of the proceedings, and I such purpose may need to ensure a verbatim record of the proceedings is mar County, Florida, was published in said newspaper in the issues record based City Clerk Ides theappeal which apes a the solve purpose of evidence bac p for the records of the Clerk. accordance with the Americans with disability Act (AD) and Florida Stab 286,26. persons with disabilities needing special accommodation to participa this proceeding should contact Lane Gamiotea, no later than two (2) wor days prior to the proceeding at 863-763-3372, X 215, 0 hearing or voice paired, Call TOO 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). ne Gamiotea, CMC, CITY CLERK Q551 ON 5/5/2006 Affiant further says that the said Okeechobee News is I a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant funither says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing Ns advertisement for public ion in the said newspaper- 4!0— /1 t. Y • Sworn to and subscribed be ;ore me this ,-5 n J day of f. 1 ' A.D. 20 W Notary ublic, State of Florida ai Large = —' r WA6/06 10:52 FAX • • • • [a 002 GRS May 16, 2006 Gabriel Rocdcr Smith & Company Consultants k. ALtuaries Ms_ Marita M. Rice Director of Finance City of Okeechobee P.O_ Box 835 Okeechobee, FL 34973-0835 301 East Iss Olas Blvd. Suite 200 FL. Lauderdale, FL 33301-2254 954.527.161.6 phone 954.525.0083 fax www.gabrielrocdcr.com Re: Actuarial Impact Statement for Ordinance No. 947 Amending the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System Dear Marita: We have reviewed Ordinance 947_ There were a couple of parts that raised our attention, one of which we discussed with Scott regarding how it should be interpreted. The first is in Section 15.2.6. (page 3) where the Ordinance says "If a Member dies before distributions begin, the Member's entire interest will be distributed..." Our concern is that the pre -retirement death benefit is based on 50% of the accrued benefit not 100% of the accrued benefit. Scott said the member's entire interest when he/she dies would be whatever is payable as the pre -retirement death benefit. The second is in Section 15.3.A.(4) which limits increases in annuities based on the cost -of -living index. This is not currently a concern, but you should keep it in mind if you add an automatic cost - of -living increase to the Plan_ Enclosed is the impact statement for the proposed ordinance. The impact statement states that there is no cost associated with this amendment and is addressed to Mr. Slavin at the Division of Retirement. You will have to add a copy of the Ordinance and a letter from the City stating that it recognizes and will cover the additional cost, if any. Then sign the letter and send the package to Mr. Slavin at his address (as shown on the letter). Please send us a copy of the signed Ordinance as soon as possible. If you have any questions, please contact us. Sincerely, Theora P. Braccialarghe, FSA Sr- Consultant & Actuary Enclosures cc: Scott Christiansen, with enclosure Mr. Brian Whitehall, City Administrator MAY 16, 2005 ORDINANCE NO. 94B AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 888; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 16, DISTRIBUTION OF BENEFITS; AMENDING SECTION 26, . DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1: Thatthe City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, is hereby amended by amending Section 1, Definitions, by amending the definition of "Credited Service", to read as follows: 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, if one -thousand dollars ($1.000.00) or less, shall be returned. If a Member who is not vested is not reemployed within five (5) years. his Accumulated Contributions, if more than one -thousand dollars ($1.000.00). will be returned only upon the written reauest of the Member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the Board. 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 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 1 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 Member serves in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from employment as a Police Officer with the City to perform training or service, shall be added to his years of Credited Service, for all purposes, including vesting, provided that: A. The Member must return to his employment as a Police Officer within one (1) yearfrom 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 (USERRA), (P.L.103-353). C. The maximum credit for military service pursuant to this paragraph shall be five (5) years. SECTION 2: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, is hereby amended by amending Section 10, Optional Forms of Benefits, subsection 1.A. to read as follows: 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 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 (06 2/3%) or fifty percent (50%) of such monthly amount payable to a joint pensioner for his lifetime. The present veflue of psyme; its to th-e R.-ath se sha" not be less then Refiree and his joint pension Except where the Retiree's joint iensioner is his spouse the payments to the joint oensioner as a percentage of the payments to the Retiree shall not exceed the 2 • 0 • • applicable Percentage provided for in the aoplicable table in the Treasury regulations. SECTION 3: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, is hereby amended by amending Section 16, Distribution of Benefits, to read as follows: SECTION 16. MINIMUM DISTRIBUTION OF BENEFITS_ Notwithstanding , retirement ii icurne payable frorn Ns System afterthe Effeetiva Bete of this ordinflnee, shaH satisfy the following cortditiorTs: L. General Rules. A. Effective Date. The Provisions of this Section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. B. Precedence. The requirements of this Section will take precedence over any Inconsistent provisions of the Plan C. Requirements of Treasury Regulations Incorporated. All distributions required under this Section will be determined and made in accordance with the Treasury regulations under Section 401(a)(9) of the Code. D. TEFRA Section 242(b)(2) Elections. Notwithstanding the other Provisions of this Section other than this subsection 1.D distributions may be made under a designation made before January 1 1984 in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to Section 242(b)(2) of TEFRA. 2. Time and Manner of Distribution. & Required Beginning Date. The Members entire interest will be distributed, or begin to be distributed to the Member no later than the Members required beginning date which shall not be laterthan April 1 of the calendar year following the late[ of the calendar ear in which the Member attains age seventy and one-half (70 %) or the calendar Year In which the Member re#ires unless otherwise provided for in the Plan or reguired by law. B. Death of Member Before Distributions Begin. if the Member dies before distributions begin, the Member's entire Interest will be distributed, or begin to be distributed no later than as follows: 4 M If the Members surviving spouse is the Members sole designated beneficiary. then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Member died, or by December 31 of the calendar year in which the Member would have attained age 70'/z. if later. If the Members surviving spouse is not the Members We designated beneficiary. then, distributions to the des[ynated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member died. If there is no designated beneficia[Y as of September30 of the year following the year of the Members death. the Member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Members death. L41 If the Members surviving spouse is the Members sole designated beneficiary and the survivinq spouse dies after the Member but before distributions to the surviving_ spouse begin this subsection 2.B., other than subsection 2.B.(j) will apply as if the surviving spouse were the Member. For mmoses of this subsection 2.B. and subsection 5. distributions are considered to begin on the Members required beginning date or, if subsection 2314) applies, the date of distributions are required to begin to the surviving spouse under subsection 2.B.(1) If annuity payments irrevocably commence to the Member before the Members required beginning date (or to the Members surviving spouse before the date distributions are required to begin to the surviving spouse under subsection 2.B.(l)), the date distributions are considered to begin is the date distributions actually commence. C Form of Distribution. Unless the Members interest is distributed in the form of an annuity purchased from an insurance company or in a single sure on or before the required_ beginning date, as of the first distribution calendar year distributions wig be made in accordance of subsections 3 4 and 5 of this Section If the Member's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 401(a)(9) of the Code and Treasury regulations. Any part of the Member's interest which is in the form of an individual account described in Section 414(k) of the Code will be distributed in a manner satisfying the requirements of Section 401(a)(9) of the Code and Treasury regulations that apply to individual accounts. 3. Determinatign of Amount to be Distributed Each Year, A. General Annuity Reguirements. If the Member's interest is paid in the form of annuity distributions under the Plan payments under the annuity will satisfy the following requirements: u The annully distributions will be paid in periodic payments made at intervals not longer than one year. M The distribution period will be over a life (or lives) or over a eriod certain not longer than the period described in subsection 4 or 5. j3) Once payments have be —gun over a period certain the period certain will not be changed even if the period certain is shorter than the maximum permitted. L) Payments will either be nonincreasing or increase only as follows: u By an annual percentage increase that does not exceed the cumulative annual percentage increase ina cost -of - living index that is based on prices of all items and issued by the Bureau of Labor Statistics or by a NO annual increase of five percent or less. (b) To the extent of the reduction in the amount of the Member's payments tO Dmvide for a survivor benefit upon death. but only If the beneficiary whose life was being used to determine the distribution period 6 described in subsection 4 dies or Is no lonaer the Member's beneficiary pursuant to a guallfied domestic relations order within the meaning of Section 414(p) U To provide cash refunds of Accumulated Contributions upon the Member's death, To pay increased benefits that result from a Plan amendment. B Amount Required to be Distributed by Required Beginning Date. The amount that must be distributed on or before the Members reauired beginning date (or, if the Member dies before distributions begin the date distributions are required to begin under subsection 2.8.) is the payment that is required for one Payment interval. The second payment need not be made until the end of thp next payment interval even if that oavment interval ends In the next calendar year. Payment intervals are the periods for which Payments are received e.g., bi- monthly, monthly. semi-annually, or annually. All of the Member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for Payment intervals ending on or after the Member's required beginning date. C. Additional Accruals After First Distribution Calendar Year. Any additional benefits accruing to the Member in a calendar year afterthe first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year In which such amount accrues 4. Requirements for Annuity Distributions That Commence During a Member's Lifetime. A. Joint Life Annuities Where the Beneficiary Is Not the Member's Spouse, If the Member's interest is being distributed in the form of a igint and survivor annuity for the joint lives of the Member and a nonspouse beneficiary, annuity payments to be made on or after the Member's required beginning date to the designated beneficiary after the Member's death must not at any time exceed the applicable percentage of the annuity Payment for such period that would have been payable to the Member using the table set forth in Q&A-2 of Section i 401(a)(9)-6T of the Treasury regulations. If the form of distribution combines a ioiat and survivor annuity forthe joint lives of the Member and a nonspouse beneficiary and a period certain annuity the reouirements in the preceding sentence will apoly to annuitv payments to be made to the designated beneficiary after the expiration of the period certain. B. Period Certain Annuities. Unless the Member's spouse is the sole designated beneficiary and the form of distribution is a period certain and no life annuity, the period certain for an annuity distribution commencing during the Member's lifetime may not exceed the applicable distribution period for the Member under the Uniform Lifetime Table set forth in Section 1.401(a)(9)-9 of the Treasury regulations for the calendar year that contains the annuity starting date. If the annully starting date precedes the year in which the Member reaches age 70, the applicable distribution period for the Member is the distribution period for age 70 under the Uniform Lifetime Table set forth in Section 1.401(a)(9)-9 of the Treasury regulations plus the excess of 70 over the age of the Member as of the Member's birthday in the year that contains the annuity starting date If the Member's spouse is the Member's sole designated beneficiary and the form of distribution is a period certain and no life annuity, the period certain may not exceed the longer of the Member's applicable distribution period, as determined under this subsection 4 B or the joint life and last survivor expectancy of the Member and the Members spouse as determined under the Joint and Last Survivor Table set forth in Section 1.401(a)(9)-9 of the Treasury regulations using the Member's and spouse's attained ages as of the Member's and spouse's birthdays in the calendar year that contains the annuity starting date. 5. Reguirements for Minimum Distributions Where Member Dies Before Date Distributions Seain. A. Member Survived by Designated Be ne cia . If the Member dies before the date distribution of his or her interest begins and there is a designated beneficiary. the Member's entire interest will be distributed, beginning no later than the time described in subsection 2.B.11) or 2.8.(2). over the life of the designated beneficiary or aver a period certain not exceeding: W Unless the annuity starting date is before the first distribution calendar year the life expectancy of the designated beneficiary determined usina the beneficiary's age as of the beneficiary's birthday in the calendar year immediately following the calendar year of the Member's death u if the annuity starting date is before the first distribution calendar year the fife expectancy of the designated beneficialy determined using the beneficiary's age as of the beneficiary's birthday in the calendar year the contains the annuity startina date. 6. No designated Beneficiary. If the Member dies before the date distributions begin and there is no designated beneficiary as of September 30 of the year following the year of the Member's death distribution of the Member's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Members death. C. Death of Surviving Spouse Before Distributions to Surviving Spouse Begin. If the Member dies before the date distribution of his interest begins. the Member's surviving spouse is the Member's sole desig0ated beneficiary and the surviving spouse _dies before distributions to the surviving spouse begin this subsection 5 will apply as if the surviving spouse were the Member except that the time by which distributions must beoin will be determined without regard to subsection 2.8.(1). 6. Definitions. A. Designated Beneficiary. The individual who is designated as the beneficiary under the Plan and is the designated beneficiary under Section 401(a)(9) of the Code and Section 1 401(a)(9j 1 &� A-4 of the Treasury regulations. B. Distribution Calendar Year. A calendar year for which a minimum distribution Is required For distributions beginninn before the Member's death the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the ►+Aember's required beginning date For distributions beginning after the Members death the first distribution calendaryearis the calendar year in which distributions are regulred to begin pursuant to subsection 2.13. C. L,ife F..xpectancy. Life expectancy as computed by use of the Single Life Table in Section 1.401(a)(9)-g of the Treasury regulations. D. Required Beginning Date. The date specified in subsection 2.6. SECTION 4: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, is hereby amended by amending Section 26, Direct Transfers of Eligible Rollover Distributions, by adding subsection 3., Elimination of Mandatory Distributions, to read as follows: SECTION 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS: ELIMINATION OF MANDATORY DISTRIBUTIONS: 3. Elimination of Mandatory Distributions. Notwithstanding any other provision herein to the contrary, in the event this Plan provides for a mandatory (involuntary) cash distribution from the Plan not otherwise required by law for an amount in excess of one -thousand dollars ($1 000 00) such distribution shall be made from the Plan only upon written request of the Member and completion by the Member of a written election on forms designated by the Board, to either receive a cash lump sum or to rollover the lump sum amount. SECTION 5: Thatthe City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, is hereby amended by amending Section 28, Deferred Retirement Option Plan, subsection 4., Distribution of DROP Accounts on Termination of Employment, to read as follows: 10 SECTION 28. DEFERRED RETIREMENT OPTION PLAN 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 Police Officer. Except as provided in subsection 4.131E., 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.fr.F. 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. lifted jB► nttuitywith thSpouse as theBenefi'634 e Mem�er's 1 and thereafter to his Benefieiary she!' be stibject to the J__t_I death L 6t 1_ J •--' n 1"� Vaal ucZlLll—[7eTFem�ilic^CfS-IIC.7GfR7CU�tTT"�TL�p�T7 itcable 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 Accountshall 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. Distribution of the amount in a Member's DROP accountwill not be made unless the Membercom etes 11 a written reauest for distribution and a written election. on forms desianated by the Board to either receive a cash lump sum or a rollover of the lump sum amount Member may, ir, accedance-with such procedures as i in no event shall the provisions of stibseefien 4. operate so as to 811 his employment as a Police Office; oi he S&ft-I-Ity 81-1 payment while in service tinder the provisions of this subseefier, D., he she'! teeelVe-CMO !U ... p SUM payment am or before his re uired -■ P.E: Proof of Death and Right of Beneficia[y 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. E.F Distribution Limitation. Notwithstanding any other provision of this subsection 4., all distributions from the DROP shall conform to the "Minimum 12 Distribution Of Benefits" provisions as provided for herein.regulatia, is E.G-.such iegtilgtions shall oveirlde any DROP provision thet is 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. SECTION 6: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 7: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 8: 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 9: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this end day of May , 2006. ATTEST: James E. Kirk, Mayor Lane Gamiotea, City Clerk Passed on second reading after public hearing this 16th day of May 2006. ATTEST: James E. Kirk, Mayor Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney vawloMpcA1 Z454U5.atd 13 LAW OFFICES ScoTT R. CHRISTIANSEN H. LEE DEFINER CHRISTIANSEN & DEHNER, P.A. 63 SARASOTA CENTER BLVD. SuiTE 107 SARASOTA, FLORIDA 34240 April 5, 2006 Mr. Brian Whitehall, City Administrator City of Okeechobee 55 S.E. 3"D Avenue Okeechobee, FL 34974-2032 PHONE: (941) 377-2200 FAa: (941)377-4848 Re: City of Okeechobee Municipal Police Officers' Pension Trust Fund Dear Mr. Whitehall: As you know, I represent the Board of Trustees of your City of Okeechobee Municipal Police Officers' Pension Trust Fund. As directed by the Board of Trustees, I am enclosing a proposed ordinance which is recommended for adoption by City Council. The ordinance includes a number of changes resulting from recent amendments to the Internal Revenue Code which apply to tax qualified pension plans such as ours: 1. Section 10, Optional Forms of Benefits, has been amended to reflect revised IRS limitations on the calculation and payment of the Joint and Survivor benefit option. 2. Section 16, Distribution of Benefits, has been amended to incorporate changes to the minimum distribution requirements of Internal Revenue Code Section 401 (a)(9). These changes are based upon model language supplied by the IRS for inclusion in tax -qualified pension plans. 3. Various sections of the plan have also been amended to eliminate any mandatory cash distributions in excess of one -thousand dollars. These changes are proposed to eliminate the effects of a new Internal Revenue Code (401 (a)(31)(B)) provision that would require the Board of Trustees to establish an IRA for any member or former member who is due an involuntary distribution and who fails to elect, in writing, to receive either a cash distribution or a rollover of the amount to be distributed. Mr. Brian Whitehall,Prty Administrator • April S, 2006 Page 2 By copy of this letter to the Board's actuary, Gabriel, Roeder, Smith & Company, I am requesting that they provide you with a letter confirming that there is no cost associated with the adoption of this ordinance. If you or any member of your staff have any questions with regard to this ordinance, please feel free to give me a call. In addition, if you feel it would be appropriate for me to be present at the meeting at which this ordinance is considered by the City Council, please contact my office to advise me of the date that the ordinance would be considered. Your ve trul ..... . .... . . Scott R. Christiansen SRC/vaw enclosure cc: Gabriel, Roeder, Smith & Company, with enclosure Bettye Taylor, without enclosure 0 0 0 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a P,l-i- L< C,L � P i 3 a, S in the matter of j in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues i Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for public ion in the said newspaper. Sworn! d subscribed` fore me this .5-` 7— day of i A.D. 20 () b Lj Notary Public, State of Florida at Large • S � I co rn�n =� �3 r PUBLIC NOTIC CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida wig on Tuesday, Ma 16,2006 at 6:00 p m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and 8ore- after to consider final rearing of the following Ordinance into law: NIL AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY WOKEE- CHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 1#0.868; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "CREDITED SERVICE*. AMENDING SECTION 10, OFnoNAL FORMS OF BENEFITS; ENDING SECTION 16,OIBUTN F BENEFITS; AMENDING SECTION 26 DIRECT RANSFERS OFTE IGIIBBLLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 28. DEFERRED RETIRE - WENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEV- ERABILITY OF H HEREWITH AND PROVISIONS, REPEALING ALL ROVIDING AN EFFECTIVE DATE' ORDINANCES IN CONFLICT Ag members of Vie pubec are encouraged to attend and participate in said hearing. The proposed Ord"mane may be in inspected m its entirety by members of the public in the Office of the City Clerk during regular business hours, Mon- Fri, Sam - 4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that 9 any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with disabildy Act (AD) and Florida Statutes 286.26, persons with disabikties needing special accommodation to participate in this proceeding should contact Lane Gamiotea, no later than two (2) working days prior 10 the proceeding at 863-763-3372, X 215; if hearing or voice un paired, Call TDD 1-600-222-3448 (voice) dr 1-888-447-5620 fm1. Lane Gamiotea, CMC, CITY CLERK 132574ON 5/5/2006 ,, 't 05/ 16/06 10:54 FAX •i Q 002/006 GRS May 16, 2006 Gabriel Roeder Smith 8& Company Consultants 8c Actuaries Ms. Marita M. Rice Director of Finance City of Okeechobee P.O. Box 835 Okeechobee, FL 34973-0835 301 fast Las 01as mid. Suite 200 R. Lauderdale, FL 33301-2254 954.527.1.61.6 phone 954.525.0083 fax www_gabriefrocdc.r..com Re_ Actuarial Impact Statement for Ordinance No. 948 Amending the City of Okeechobee Municipal Police Officers' Pension Trust Fund Dear Marita: We have reviewed Ordinance 948. Please notice that Section 16.3.A_(4) limits increases in annuities based on the cost -of -living index. This is not currently a concern, but you should keep it in mind if you change the automatic cost -of -living increase to the Plan. Enclosed are the impact statements for the proposed ordinance. The impact statements state that there is no cost associated with this amendment and are addressed to Mr. Slavin at the Division of Retirement and to Ms. Shoemaker at the Municipal Police Officers' and Firefighters' Retirement Trust Fund_ You will have to add to each one a copy of the 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 and Ms. Shoemaker at their respective addresses (as shown on the letters). Please send us a copy of the signed Ordinance as soon as possible. If you have any questions, please contact us. Sincerely, Theora P. Braccialarghe, FSA Sr_ Consultant & Actuary Enclosures cc: Scott Christiansen, with enclosure Mr. Brian Whitehall, City Administrator • •EXHIBIT 4 ORDINANCE NO. 949• MAY 16 2006 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 889; AMENDING SECTION 1, DEFINITIONS, BYAMENDINGTHE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 16, DISTRIBUTION OF BENEFITS; AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 889, is hereby amended by amending Section 1, Definitions, to amend the definition of "Credited Service" to read as follows: 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 retUmed 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, if one -thousand dollars ($1.000.001 or less, shall be returned. If a Member who is not vested is not reemployed within five (5) years, his Accumulated Contributions if more than one -thousand dollars ($1 000 00), will be returned only upon jbp written request of the Member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the Board. 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 forwhich 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) yearfrom 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 (USERRA), (P.L.103-353). C. The maximum credit for military service pursuant to this paragraph shall be five (5) years. SECTION 2: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 889, is hereby amended by amending Section 10, Optional Forms of Benefits, subsection 1.A. to read as follows: 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 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 (66 213%) or fifty percent (50%) of such monthly amount payable to a joint pensioner for his lifetime. Re4iree and his joint p-ensionei. Except where the Retiree's ioint pensioner is his spouse the payments to the ioint pensioner as a percentage of the payments to the Retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. SECTION 3: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 889, is hereby amended by amending Section 16, Distribution of Benefits, to read as follows: • • 00 SECTION 16. MINIMUM DISTRIBUTION OF BENEFITS. rrlerest in the System shall be distri'bctted 'rracc 10.11cewm 1. General Rules. A. Effective Date. The provisions of this Section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. B. Precedence The requirements of this Section will take pr dence over any inconsistent provisions of the Plan. C. Re uirements ofTreasuRegulations Incotporated. All distributions reouired under this Section will be determined and made in accordance with the Treasury regulations under Section 401(a)(9) of the Code. Q. TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions ofthis Section otherthan this subsection 1,13.. distributions may be made under a designation made before January 1. 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Apt (TEFRA) and the provisions of the plan that related to Section 242(b)(2) of TEFRA. 2. Time and Manner of Distribution. A. Required Beginning Date. The Member's entire interest will be distributed, or begin to be distributed, to the Member no later than the Member's reouired beginnina date which shall not be 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'/z) or the calendar vear in which the Member retires unless otherwise_ provided for in the Plan or reouired by law. B. Death of Member Before Distributions Begin, If the Member dies before distributions begin, the Member's entire interest will be distributed. or begin to be distributed no later than as follows: jn If the Members surviving spouse is the Member's sole designated beneficiary. then distributions to the surviving spouse will begin by December 31 of the calendar year immediately followilig the calendar year in which the Member died or by December 31 of the calendar year in which the Member would have attained age -70'/2, if later. If the Members surviving spouse is not the Member's sole designated beneficiary, then distributions to the designated beneficiary will begin by December 31 of the calendar year 4 immediately foliowina the calendar year in which the Member died. (3� If there is no designated beneficiary as of September 30 of the War following the year of the Member's death. the Member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Member's death. - u If the Member's surviving spouse is the Member's sole designated beneficiary and the surviving spouse dies after the Member but before distributions to the surviving spouse begin this subsection 2.B . other than subsection 2 B M) will apply as if the surviving spouse were the Member. For purposes of this subsection 2 B and subsection 5 distributions are considered to begin on the Member's required beginning date or. If subsection 2.B (4) applies the date of distributions are required to begin to the survivino spouse under subsection 2.13 11). If annuity payments irrevocably_ commence to the Member before the Member's required beginning date (or to the Member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection 2.8 (1)) the date distributions are considered to begin is the date distributions actually commence. C. Form of Distribution. Unless the Member's interest is distributed In the form of an annuity purchased from an insurance co j1pany or in a single sum on or before the reguired beginning date as of the first distribution calendar year distributions will be made in accordance of subsections 3. 4 and 5 of this Section If the Member's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 401(a)(9) of the Code and Treasury regulations. Anv part of the Member's interest which is in the form of an individual account described in Section 414(kof the Cade will be distributed in a manner sattsfving the reouirements of Section 401(a)(9) of the Code and Treasury regulations that apply to individual accounts. 3. Determination of Amou t to be Distributed Each Year. A. General Annuity Regui ements If the Member's interest is paid in the form of annuity distributions under the Plan, payments under the annuily will satisfy the following reguirements. u The annuity distributions will be paid in periodic payments made at intervals not longer than one year. The distribution period will be over a life for lives) or over a geriod certain not longer than the period described in subsection 4 or 5. Once payments have begun over a period certain the period certain will not be changed even if the period certain is shorter than the maximum permitted u Payments will either be nonincreasing or increase only as follows: u By an annual percentage increasethat does notexceed the cumulative annual percentage increase in a cost -of - living index that is based on prices of all items and issued by the Bureau of Labor Statistics or by a fixed annual increase of five percent or less. U To the extent of the reduction in the amount of the Member's payments to provide for a survivor benefit upon death but only if the beneficiary whose life was being used to determine the distribution period described in subsection 4 dies or Is no longer the Membees beneficiary oursuant to a Qualified domestic relations order within the meaning of Section 414(p), Lc,) To provide cash refunds of Accumulated Contributions upon the Member's death. To pay increased benefits that result from a Plan amendment. B. Amount Reguired to be Distributed by Required Beginning Date. The amount that must be distributed on or before the Member's reguired beginning date for if the Member dies before distributions begin, the date distributions are required to begin under subsection 2 B.) is the payment that is reguired for one payment interval. The second payment need not be made until the end of the next payment Interval even if that payment Interval ends in the next calendar year. Payment 6 • intervals are the oeriods for which payments are received, e.g. bi- monthly. monthly, semi-annually. or annually. All of the Member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for Payment intervals ending on or after the Member's required beginning date. C. AdditionalAccruals After First Distribution Calendar Year. Any additional benefits accruinato the Member in a calendaryear after the first distribution calendar year will be distributed beginning with the first Payment interval ending in the calendar year immediately following the jualendar year In which such amount accrues. 4. Re uirements forAnnuily Distributions That Commence During a Member's C e ime. A. Joint Life Annuities Where the Beneficiary Is Not the Member's Spouse. If the Member's interest is being distributed in the form of a ioint and survivor annuity for the ioint lives of the Member and a nonspouse beneficiary, annuity payments to be made on or after the Member's required beginning date to the designated beneficiary after the Member's death must not at any time exceed the applicable percentage of the annuity payment for such period that would have been Payable to the Member using the table set forth in Q&A-2 of Section 1.401(a)(9)-GT of the Treasury regulations. If the form of distribution combines a joint and survivor annuity for the joint lives of the Member and a nonspouse beneficiary and a period certain annuity, the reouirements in the preceding sentence will aPDII to annuity payments to be made to the designated beneficiary after the expiration of the period certain. B. Period Certain Annuities. Unless the Member's spouse is the sole designated beneficiary and the form of distribution Is a period certain and no life annuity. the period certain for an annuity distribution commencing during the Member's lifetime may not exceed the applicable distribution Period for the Member under the Uniform Lifetime Table set forth in Section 1 4011a1(9)-9 of the Treasury regulations for the calendar year that contains the annul starting date. If the annuity starting date precedes the year in which the Member reaches age 70, the applicable distribution period for the Member is the distribution period for age 70 under the Uniform Lifetime Table set forth in Section 1.401(a)(g)-9 of the Treasury regulations plus the excess of 70 over the age of the Member as of the Members birthday in the year that contains the annuity starting date If the Member's spouse is the Members sole designated beneficiary and the form of distribution is a Period certain and no life annuity, the period certain may not exceed the longer of the Members applicable distribution Period as determined under this subsection 4 B or the joint life and last survivor expectancy of the Member and the Member's spouse as determined under the Joint and Last Survivor Table set forth in Section 1.401(a)(9)-9 of the Treasury reegulations using the Member's and spouse's attained ages as of the Member's and spouse's birthdays in the calendar year that contains the annuity starting date. 5. Requirements for Minimum Distributions WtLere Member Dies Before Date DistLibutiona A Member Survived by Desi nated Beneficia . If the Miamber dies before the date distribution of his or her interest begins and there is a designated beneficiary, the Members entire interest_ will be distributed beginning no later than the time described in subsection 2 B 0) or 2 B (2) over the life of the designated beneficiary or over aperiod-certain not exceeding: Unless the annuity starting date is before the first distribution calendar year, the life expectancy of the designated beneficiary determined using the beneficiary's age as of the beneficiary's birthday in the calendar year immediately following the calendar year of the Members death. 0 If the annuity starting date is before the first distribution calendar year, the life expectancy of the designated beneficiary determined using the beneficiary's age as of the beneficiary's birthday in the calendar year the contains the annuity starting date. B. No designated Beneficiary. If the Member dies before the date distributions begin and there is no designated beneficiary as of September 30 of the year following the year of theMember's death. distribution of the Members entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Members death. 00 C. Death of Surviving 5pouss Ake Distributions to Surviving Spouse Begin. If the Member dies before the date distribution of his interest begins, the Member's surviving spouse is the Member's sole designated beneficiary. and the surviving spouse dies before distributions to the surviving spouse begin, this subsection 5 will apply as if the surviving spouse were the Member, except that the time by which distributions must begin will be determined without regard to subsection 2.1311). 6. Definitions A. Designated Beneficiary. The individual who is designated as the beneficiary under the Plan and is the designated beneficiary under Section 401(al(9) of the Code and Section 1 401(a)(9}1 Q&A-4 of the Treasury regulations. B. Distribution Calendar Year. A calendar year for which a minimum distribution is reaulred. For distributions beginning before the Member's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Member's required beginning date For distributions beginning after the Member's death, the first distribution calendarvear is the calendar year in which distributions are required to begin pursuant to subsection 2.6. C. Life Expectancy. Life expectancy as computed by use of the Single Life Table in Section 1.401 a 9 9 of the Treasury regulations. D. Required Beginning Date. The date specified in subsection 2.A. SECTION 4: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 889, is hereby amended by amending Section 26, Direct Transfers of Eligible Rollover Distributions, by adding subsection 3., Elimination of Mandatory Distributions, to read as follows: SECTION 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS,• ELIMINATION OF MANDATOR DISTRIBUTIONS. 3. Elimination of Mandator+ Distributions. Notwithstanding any other provision herein to the contrary in the event this Plan provides fora mandatory (involuntary) cash distribution from the Plan not otherwise required by law, for an amount in excess of one -thousand dollars ($1 000 00) such distribution shall be made from the Plan only upon written reauest of the Member and completion by the Memberofa written election on forms designated by the Board, to either receive a cash lump sum or to rollover the lump sum amount. SECTION 5: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 885, is hereby amended by amending Section 28, Deferred Retirement Option Plan, subsection 4., Distribution of DROP Accounts on Termination of Employment, to read as follows: SECTION 28. DEFERRED RETIREMENT OPTION PLAN. 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 subsection 4.i)-.E., no amounts shall be paid to a Member from the DROP prior to his termination of employment as a Firefighter. B. Form of QlaWbution. (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.fr.F. 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 underthis paragraph shall be in writing and shall be made in such time or manner as the Board shall determine. if the annuity (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. fq Except as otherwise provided in this subsection 4., distribution of a Member's DROP Account shall be made as soon as 10 0 • • administratively practicable following the Members termination of employment. Distribution of the amount in a Members DROP accountwill not be made unless the Member comoletes a written request for distribution and a written election, on forms designated by the Board, to either receive a cash lump sum or a rollover of the lump sum amount distribution 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. E F Distribution Limitation. Notwithstanding any other provision of this subsection 4.. all distributions from the DROP shall conform to the "Minimum 11 Distribution Of Benefits" provisions as provided far herein.I gulations 'ng theineidentai E.G-death benefit provisions of Section 401 (a)(9)(G) of the Gode. Further, ineonsl3tentwith Section the eader. 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_ SECTION 6: Speck authority is hereby granted to codify and incorporate this Ordinance In the existing Code of Ordinances of the City of Okeechobee. SECTION 7: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 8: 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 9: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this 2nd day of May . 2006. ATTEST: James E. Kirk, Mayor Lane Gamiotea, City Clerk Passed on second reading after public hearing this 16th day of May .2006. ATTEST: Lane Gamlotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney vawlokT=N12-06-05.wd 12 James E. Kirk, Mayor i SCOTT iL CIIRIST[ANSEN H. LEE DEIAIER 0 LAW OFFICES 0 CHRISTIANSEN & DEHNER, P.A. 63 SARASOTA CENTER BLVD. SutTE 107 SARASoTA, FLORIDA 34240 April 5, 2006 Mr. Brian Whitehall, City Administrator City of Okeechobee 55 S.E. 3' Avenue Okeechobee, FL 34974-2032 • PHONE: (941) 377-2200 FAX: (941) 377-4848 Re: City of Okeechobee Municipal Firefighters' Pension Trust Fund Dear Mr. Whitehall: As you know, I represent the Board of Trustees of your City of Okeechobee Municipal Firefighters' Pension Trust Fund. As directed by the Board of Trustees, I am enclosing a proposed ordinance which is recommended for adoption by City Council. The ordinance includes a number of changes resulting from recent amendments to the Internal Revenue Code which apply to tax qualified pension plans such as ours: 1. Section 10, Optional Farms of Benefits, has been amended to reflect revised IRS limitations on the calculation and payment of the Joint and Survivor benefit option. 2. Section 16, Distribution of Benefits, has been amended to incorporate changes to the minimum distribution requirements of Internal Revenue Code Section 401 (a)(9). These changes are based upon model language supplied by the IRS for inclusion in tax -qualified pension plans. 3. Various sections of the plan have also been amended to eliminate any mandatory cash distributions in excess of one -thousand dollars. These changes are proposed to eliminate the effects of a new Internal Revenue Code (401 (a)(31)(B)) provision that would require the Board of Trustees to establish an IRA for any member or former member who is due an involuntary distribution and who fails to elect, in writing, to receive either a cash distribution or a rollover of the amount to be distributed. Mr. Brian Whitehall, City Administrator April 5, 2006 Page 2 By copy of this letter to the Board's actuary, Gabriel, Roeder, Smith & Company, I am requesting that they provide you with a letter confirming that there is no cost associated with the adoption of this ordinance. If you or any member of your staff have any questions with regard to this ordinance, please feel free to give me a call. In addition, if you feel it would be appropriate for me to be present at the meeting at which this ordinance is considered by the City Council, please contact my office to advise me of the date that the ordinance would be considered. Yours ery y, Scott R. Christiansen SRC/vaw enclosure cc: Gabriel, Roeder, Smith &- Company, with enclosure Bill Douglas, without enclosure The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared POgNDTICE Judy Kasten, who on oath says she is Publisher of the CONSIDERIITIONOFADOPTING Okeechobee News, a DAILY Newspaper published at A CITY ORDINANCE of Okeechobee, in Okeechobee County, Florida; that the attached I pLE on TueAKEp, NOTICE ft t at 6AOhe CRY oppum for of asesoon ih copy of advertisement, being a Hall, 55 SE 3rd Ave., Okeechobee, FL c°� a PUBS( . A ma ena of the following Ordinar« in the matter of AN members of the public are encouraged to attend and TyP� hearing The proposed Ordinance may be m inspect M. Bar R public in the office of the City Clerk dudng regular business hours, Mon- Csf 4.30pm,exceptforholidays. p PLEASE TAKE NOTICE AND BE ADVISED that g any ParSOn desires to appeal ar 4`4/ decision made by the City Council with respect to any matter considered at th headng, such interested person will need a record of the proceedings, is mar such purpose may need to ensure a verbatim record of the and evwhich the proceedings is to based.which e City Clincludes erk tapes a testimony esti thesolesole purpose otidence bac p 1or�othc� records the Clerk. in the 19th Judicial District of the Circuit Court of Okeechobee In accordance with the Americans with disabil'dy Act (AD) and Florida Statu County, Florida, was published in said newspaper in the issues 286 2B persons with disabilities needing special accanmodabon to P C1P�' this proceeding should contact Lane Gamiotea, no later than two (2) wod of paireprior Call TDD 1 proceeding 0 222 3448at Bo e) or 13888 447-5620he(TTY)9 or voice Lane Gamiotea, CMC, CITY CLERK t s2581 on 5/5/2006 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affrant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pu6lication�e said newspaper. \Sworn to and subscritre efore me this J day of %i `g A.D. 20 0 Notary Auublic, State of Florida at Large 05/16/06 10:57 FAX 00 [a 002 XW May 16, 2006 Gabriel Roeder Smith & Company Consultants & Actuaries Ms. Marita M. Rice Director of Finance City of Okeechobee P.O. Box 835 Okeechobee, FL 34973-0835 301 Fast Las 01as Blvd_ Suitc 200 Ft. Lauderdale, FL 33301-2254 954.527.1616 phone 954.525.0083 fax www.gahri c IrOCdCLC0M Re: Actuarial Impact Statement for Ordinance No. 949 Amending the City of Okeechobee Municipal Firefighters' Pension Trust Fund Dear Marita: We have reviewed Ordinance 949. Please notice that Section 16.3_A_(4) limits increases in annuities based on the cost -of -living index. This is not currently a concern, but you should keep it in mind if you change the automatic cost -of -living increase to the Plan. Enclosed are the impact statements for the proposed ordinance. The impact statements state that there is no cost associated with this amendment and are addressed to Mr_ Slavin at the Division of Retirement and to Ms_ Shoemaker at the Municipal Police Officers' and Firefighters' Retirement Trust Fund. You will have to add to each one a copy of the 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 and Ms. Shoemaker at their respective addresses (as shown on the letters). Please send us a copy of the signed Ordinance as soon as possible. If you have any questions, please contact us. Sincerely, Theora P. Braccialarghe, FSA Sr_ Consultant & Actuary Enclosures cc_ Scott Christiansen, with enclosure Mr. Brian Whitehall, City Administrator 1�� • •Joe EXHIBIT 5 MAY 16, 2005 CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3" Avenue Okeechobee, Florida 34974 NAME: (,C)?� ADDRESS: 160 �' W TELEPHONE: 0 FAX (863) 763-1686 FAX: MEETING: REGULAR ,P SPECIAL ❑ WORKSHOP ❑ DATE: STATE THE ITEM YOU WISH TO HA TATE WHAT D$PARTMENT(S) YOU HAVE WORKED WITH THUS FAR STATE BY THE CITY COUNCIL: ' PLEASE SUNU%LARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND AT/hr2i.u-a-�APPLIC I, D�C�NT91j"- I_, %C 0 V, * X W. dual IF PRESE �ATIgN IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: w_ DATE: P/ o ,0 to • EXHIBIT 6 MAY 16, 2006 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant OkEe.rkee C. aieriff 's Office Today's Date May 3 2006 Address 504 N.W. 4th Street Phone(s) 76�6064 Name of Property Owner City of Okeechobee Address 1CO Block of 4th Ave. Phone(s) Street to be Closed N w t 4m e 4\ V m1 E, Dates to be Closed ,hie 10, 2006 Time(s)to be Closed 10:00 A.M. to 2:00 P.M. Purpose of Closing Safety Event Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) Clean-up is required within 24 hours. u�rNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. awNo donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. virThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. 09"Dumpsters and port -a -lets are required when closing the street for more than 3 hours. 1 .. PUBLIC WORKS DEPARTMENT Authorized. Signature atu re FIRE DEPARTMENT 0� Donnie Robertson, Public Works Director Date Typed Name & Title . g- 6 -oa Date Denny Davis, Chief of Police Typed Name & Title uPrh gym; th Fire Chief orized Signature Date Typed Name & Title Occupational and/or State License Verified: ADMINISTRATION w-"` I Brian.. Whitehall , cites Administrator Sig ture Date Typed Name & Title CLERK'S Q (.' O-'( . OFFICE Authorized Signature D _ Lane Gamiotea, City Clerk Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 9/05/03 c1. 2 1 6 2 , 6 LS i.TI ^1 ��� d 7 9 Ic 111 7 8 910 z a�m�mm ��1�1i 19m�N ���u III NW 2ND ST (70') � 0omm� i��mm 19�991 oo�im�m' 1111-11 1111611 moQ�mo 10�m1� IIp091 99mr11 5 A qj Solit►+ J W eST PARR. S11tE�i 1615141312nlsl del S' OIOAII 19pa90 0omTIW—me 80�1 mm�io 0101a '� A 6 5 4 3 2 1 El 5 4 3 2 1� 6 5 4 3 2 1 ? 8 91'11J�E9 1 111? � 7 8 9 11 12 a m d HIM 7181910 111 w 7 9 ! z 6 5 4 3 2 1 6 5 Q 7 181H 7 8 '�911 0691 00 om��mm on�m� o0 �aQamO �e '� A 6 5 4 3 2 1 El 5 4 3 2 1� 6 5 4 3 2 1 ? 8 91'11J�E9 1 111? � 7 8 9 11 12 a m d HIM 7181910 111 w 7 9 ! z 6 5 4 3 2 1 6 5 Q 7 181H 7 8 '�911 0691 00 om��mm on�m� o0 �aQamO �e • • • • EXHIBIT 7 MAY 16, 2006 TECHNICAL ASSISTANCE CONTRACT FOR CDBG GRANT ADMINISTRATION SERVICES This is a Technical Assistance Contract For Community Development Block Grant (CDBG) Administration Services by and between NANCY PHILLIPS & ASSOCIATES L.C., hereinafter referred to as the "Consultant", and CITY OF OKEECHOBEE, a municipality of the State of Florida, hereinafter referred to as the "City", dated the day of 312006. WITNESSETH: WHEREAS, the City has procured the services of the Consultant for the grant administration functions of the FY 2005 CDBG Program for their Economic Development grant number 06DB-3K- 07-57-02-E10, hereinafter referred to as the "Project", for its community; and WHEREAS, the Consultant is now available, willing and qualified to perform professional services in the capacity of technical advisor for the potential Project to which this Contract applies, and to give consultation, advice and direction for such Project, and; WHEREAS, the City is desirous that the Consultant performs such services regarding the Project and engages the Consultant to perform such services as set forth herein, and the Consultant agrees to perform such services under the terms and conditions set forth in this Contract. NOW THEREFORE, the parties agree as follows: ARTICLE 1 CONSULTANT'S SCOPE OF SERVICES GRANT ADMINISTRATION The Consultant shall provide the services to the City under this Contract as noted in items 1-21 of Exhibit A which attachment is incorporated by reference. ARTICLE 2 CITY'S RESPONSIBILITY GENERAL ADMINISTRATION SERVICES The City shall provide the following services under this Contract: Instruct the personnel of the City to cooperate and assist the Consultant in preparing the necessary financial data and procedures in order to comply with all DCA, HUD or other reporting requirements of the Project. 2. Provide assistance in implementing contractual services necessary to the Project per the requirements of all DCA and HUD requirements. 3. Assist the Consultant in negotiations necessary for all subsections of the Project. 4. Review and execute all contracts necessary to ensure efficient progress of the Project. 5. Provide at the City's expense to the Consultant office space, to include desk and chairs, phone, filing cabinets and use of a photocopy and fax machine without charge or expense. The City will also provide a suitable area for Public Hearings and construction conferences. This area will be accessible to persons with disabilities. 6. Assist the Consultant by placing at its disposal all available information pertinent to the sites of the Project, including previous reports and any other data relative to design and construction of the Project. 7. Attempt to make provisions for Consultant to enter on public and private lands as required for it to perform its services under the Project. 8. Designate a member of the City who will act as a contact person with the Consultant to facilitate transmittal of instructions, receive information and generally assist as may be necessary. 9. Give prompt notice to Consultant whenever the City observes or otherwise becomes aware of any defects or problems with the Project. 10. Provide the services of the City's Building Official or Engineer, where applicable, for this PROJECT. 11. Be responsible for all advertising required for the PROJECT. . ARTICLE 3 PERIOD OF PERFORMANCE The period of performance under this Contract shall begin upon the signing of this Contract for PROJECT FY 2005 Economic Development CDBG Grant and shall be completed upon final completion of the Project approved by DCA/HUD or the termination of the funding pursuant to the Project. ARTICLE 4 COMPENSATION The City agrees to pay the Consultant for grant administration ofthe Project as noted in Attachment A. Payment to the Consultant will be made upon submission of monthly invoices to the City as determined by the Work Plans developed for this Project. 2 All requests for payment shall be submitted to the City in detail sufficient for proper pre -audit and post -audit review by the DCA. The Consultant will provide any and all other related services requested by the City. All such additional services shall be compensated over and above the fixed fee for professional. services herein stipulated. Such compensation shall, at the City's discretion, be paid at the hourly rate set forth herein, or shall be compensated pursuant to an agreed upon fixed fee stipulated in writing and attested to by the parties. Travel and per diem shall be subject to the provisions of Section 112.061, Florida Statutes (2005). Any other related additional direct expenses shall be reimbursed pursuant to actual documented cost. Professional and technical fees for additional services billed on an hourly fee basis shall be invoiced at Ninety -Five Dollars per hour ($95.00/hour). ARTICLE 5 CITY'S CONTACT PERSON The Contact Person who will represent the City in all matters pertaining to the Project shall be Mr. Brian Whitehall, City Administrator, at (863) 763-3372 or his designee. ARTICLE 6 CITIZEN PARTICIPATION It is understood between the parties that both the City and the Consultant shall encourage continuous participation in the Project by the citizens of the area. The Consultant shall assist in scheduling and coordinating meetings of the Citizens' Advisory Task Force as required. It shall be the responsibility of the City to furnish a location for such meetings. All meetings of the Citizens' Advisory Task Force shall be recorded, if requested by the City, and minutes shall be taken of all meetings for inclusion into the files. ARTICLE 7 SOCIAL SECURITY The City is not liable for Social Security contributions pursuant to 42 U.S.C. Section 481, relative to the compensation of the Consultant during the period of the Contract and shall hold the City harmless for any social security obligations the Consultant may have. ARTICLE 8 CONTRACT AMENDMENT The terms and conditions of this Contract may be changed at any time by mutual agreement of the parties. All such changes shall be in writing and shall be incorporated as written amendments to this Contract. ARTICLE 9 ASSIGNMENT This Contract may not be assigned or transferred without written consent from the Consultant and from the City. ARTICLE 10 CONSULTANT CONFLICT OF INTEREST The City, having been so advised by the Consultant, does hereby recognize that the Consultant has provided similar services in the past to other local governments and to area governmental bodies, and may be so engaged in a similar Project at this time or in the future. The parties agree that these Projects by the Consultant do not constitute a conflict of interest with the City's Project. The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2005). The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the City in writing by certified mail on all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance and the nature of work that the Consultant may undertake. The Consultant may request an opinion of the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Consultant. The City agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the City shall so state in the notification and the Consultant shall, at his/her option, enter into said association. ARTICLE 11 CITY CONFLICT OF INTEREST No member of the governing body of the City, and no other public official, officer, employee or agent of the City who exercises any function or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract. The Consultant shall take appropriate steps to ensure compliance. 4 • • • 0 ARTICLE 12 TERNIINATION FOR CAUSE AND/OR CONVENIENCE 1. This Contract may be terminated, in whole or in part, in writing, by either party in the event of substantial failure by the other parry to fulfill its obligations under this Contract through no fault of the terminating parry, provided that no termination may be effected unless the other party is given: (1) not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. 2. This Contract may be terminated, in whole or in part, in writing, by the City for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in subparagraph 1 above. 3. In the event of termination, the Consultant shall be paid for all work completed prior to the effective date of termination, in addition to termination settlement costs reasonably incurred by the Consultant relating to commitments which were approved by the City prior to notice of intent to terminate. 4. Upon receipt of a termination action under subparagraphs 1 and 2 above, the Consultant shall: (1) promptly discontinue all affected work (unless the notice directs otherwise); and (2) deliver or otherwise make available to the City all data, drawings, reports, specifications, summaries and other such information as may have been accumulated by the Consultant in performing this Contract, whether completed or in process. 5. Upon termination, the City may take over the work and may award another parry a contract to complete the work described in this Contract. ARTICLE 13 EQUAL OPPORTUNITY The Consultant warrants that there shall be no discrimination against applicants for services under this Contract because of race, color, age, sex, religion, national origin, place of birth, ancestry or handicap. ARTICLE 14 SOURCE OF FUNDING The source of payments for this Contract is the funding received through the FY 2005 CDBG Economic Development Grant Number 06DB-3K-07-57-02-E10 for the City. E ARTICLE 15 FEDERAL AND STATE TAX The Consultant shall be responsible for payment of its own FICA and Social Security Taxes and shall hold the City harmless for any social security obligations the Consultant may have. ARTICLE 16 INDEMNIFICATION The Consultant shall indemnify and save harmless the City and the State of Florida, Department of Community Affairs, its agents, servants and employees, from and against any and all claims, liability, losses and/or cause of action, including, but not limited to, attorney's fees and other professional fees, and all court costs, arising from or caused solely by the negligent acts or omissions of Consultant or Consultant's members, employees, agents and others with respect to this Contract. Subject to the limited provisions of Section 768.28, Florida Statutes (2005), the City agrees to indemnify and hold harmless the Consultant from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the performance of this Contract and caused by the negligent or wrongful act or omission of any employee of the City while acting within the scope of his or her office or employment under circumstances in which the City, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. ARTICLE 17 DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Consultant and the City or its Project Manager. At all times, the Consultant shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the City or its representatives, pending resolution of the dispute. Any dispute, which is not resolved by mutual agreement, shall be decided by the City Administrator who shall reduce the decision to writing. The decision of the City shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. ARTICLE 18 MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Okeechobee County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation T process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ARTICLE 19 INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. The laws of the State of Florida shall govern all interpretations. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the appropriate Judicial circuit for Okeechobee County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. ARTICLE 20 INDEPENDENT CONSULTANT RELATIONSHIP The Consultant is, and shall be in the performance of all work, services and activities under this Contract, an independent contractor, and not an employee, agent or servant of the City. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Consultant's relationship and the relationship of its employees to the City shall be that of an independent contractor, and not as employees of the City. The Consultant does not have the power or authority to bind the City in any promise, agreement or representation other than specifically provided for in this Contract or amendment thereto. ARTICLE 21 ACCESS TO RECORDS The City, the DCA, HUD, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Consultant and the City which are directly pertinent to this Contract for the purpose of making audit, examination, excerpts and transcriptions. 7 ARTICLE 22 RETENTION OF RECORDS The Consultant shall retain all records relating to this Contract for five (5) years after the City makes final payment and all other pending matters are closed. ARTICLE 23 SEVERABILITY This Contract is severable. If any portion or section of this Contract is held invalid or unenforceable, this shall not render the remainder of the Contract unenforceable and the remainder of the Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 24 ENERGY EFFICIENCY The Consultant shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). ARTICLE 25 CONFLICTS WITH OTHER CLAUSES If this Contract contains any clauses which conflict with Articles 12 through 22 above, then this Contract will be governed by the clauses in Articles 12 through 22 above. ARTICLE 26 PUBLIC ENTITY CRIME The Consultant is in compliance with Section 287.133, Florida Statutes, (2005), for Public Entity Crimes, and has not been placed on the convicted vendors list within the last thirty-six (36) months preceding the date of this Contract. ARTICLE 27 INSURANCE During the life of this Contract, the Consultant shall maintain Standard Professional Liability Insurance in the amount of $500,000.00 as to each occurrence and $500,000.00 annual aggregate for Bodily Injury and/or Property Damage which may arise from any operations under this Contract. 8 During this life of this Contract, the Consultant shall maintain General Liability Insurance in the amount of $500,000.00 for each occurrence and $500,000.00 annual aggregate for Bodily Injury and/or Property Damage which may arise from any operations under this Contract. Within seven (7) days following the execution of this Contract if requested by the City, the Consultant shall furnish Certificates of Insurance clearly indicating that the Consultant has obtained insurance of the type, amount and classifications as required by this Contract. The Consultant shall also provide the City, if requested, with an affidavit indicating that the Consultant is not required to carry workers compensation coverage under Chapter 440, Florida Statutes, (2005). In the event the Consultant's status under Chapter 440 should change during the term of this Contract, the Consultant shall provide proof of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. ARTICLE 28 ENFORCEMENT If either parry hereto institutes and prevails in any action at law or in equity against the other party based entirely or in part on the terms of this Contract, said party shall be entitled to recover, in addition to any judgment in its favor, reasonable attorney's fees, court costs and all expenses in connection with the litigation. This Contract has been made and accepted in the State of Florida, it shall be interpreted in accordance with, and governed by, the laws of the State of Florida, and suit shall be maintained in the City of Okeechobee, Florida. Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Okeechobee County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals: ATTEST: Lane Gamiotea, City Clerk CITY OF OKEECHOBEE By: James E. Kirk, Mayor Date: NANCY PHILLIPS & ASSOCIATES, L.C. By: .. � Nancy € . hilllips, Membe Date: 10 • ATTACHMENT A • • FY 2005 CDBG PROJECT FOR CITY OF OKEECHOBEE The following tasks will be completed as part of the City's CDBG Economic Development FY 2005 PROJECT: 1. Preparation of Environmental Assessment for submission to DCA/HUD 2. Work with PROJECT Staff as Necessary 3. Financial Management Compliance Coordinate, monitor and evaluate the direct costs of the overall program, including, but not limited to, the multiple activities outlined in the contract with DCA/HUD and all leverage funds 4. Preparation of Financial Projections for Project 5. Preparation of Request for Funds (RFF) report for submission to DCA/HUD 6. Preparation of Minority Business Enterprise (MBE) report for submission to DCA/HUD 7. Preparation of HUD 2880 report for submission to DCA/HUD 8. Audit Compliance Ensure that yearly Single Act Audits are submitted to DCA/HUD by due date (if required) 9. Project File Maintenance Maintain all files for project according to CDBG Record keeping requirements 10. Fair Housing Compliance Ensure compliance with yearly Fair Housing Activity 11. Citizens Complaints (if necessary) Response to any written Citizens Complaints (if necessary) according to City's CDBG Complaint Procedure 11 12. Program Reports Responsible for any written reports that may be required for submission to DCA4 UD (i.e., Civil Rights Profile, Monitoring report response, financial reports, etc.). 13. Construction Inspections, Contract Documents Preparation and Review Ensure appropriate housing inspections are completed, including initial inspection and inspections while housing units are being completed. Ensure appropriate Lead Paint Inspections are conducted and appropriate reports are included within each project files Ensure appropriate materials are included in construction documents Ensure Public Entity Crime form is included in construction documents Ensure any other necessary documentation that is required may be included in construction documents 14. Review engineering plans to determine that all PROJECT activities are included in construction plans, if applicable 15. Procurement of Services Establish and follow procedures relating to the procurement and implementation of contractual services pursuant to DCA and HUD requirements and regulations 16. Construction Bid Evaluation Review and Approval Attend Bid Opening Review Bids received with Staff/Engineer and evaluate with Staff/Engineer to make recommendation to City Assist with the Contractor Eligibility Verification process Notify DCA of Amount of Bid and Receive Approval from DCA prior to award 17. Construction Activities Attendance of Pre -Construction Meeting Davis -Bacon Compliance including conducting employee interviews and wage restitution (if required) Approval of Contractor's Pay Requests Section 3 Compliance 18. Citizens' Advisory Task Force (CATF) Compliance Assist in coordinating with the Citizens' Advisory Task Force and other interested community organizations, including, but not limited to, providing required program information and technical assistance to those who request such information to ensure compliance with active citizen participation. 12 19. Monitoring of PROJECT Assist in the monitoring of the PROJECT regarding DCA and HUD regulations, and in preparing the necessary requested responses to inquiries from Local, State and Federal governmental units. Attend all DCA/HUD Monitoring Visits 20. Any other tasks as required to successfully complete and close out the PROJECT 21. Preparation of all Close Out Documents for Signature by City. FEE SCHEDULE The fee shall be no more than the CDBG allowable compensation of Eight Percent (8%) of the grant award or $48,000.00. Therefore, the fee for these services will be Forty -Eight Thousand Dollars and 00/100 ($48,000.00). 13 COST SUMMARY FOR . ,EGOTIATED CONTRACTS CDBG PROGRAM PART 1 — GENERAL 1. GRANTEE City of Okeechobee 2. GRANT NUMBER 06DB-3K-07-57-02-E 10 3. NAME OF CONTRACTOR OR SUBCONTRACTOR NANCY PHILLIPS $ ASSOCIATES L.C. 4. DATE OF PROPOSAL A0118,2006 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 7408 Edisto Drive Lake Worth, FL 33467 6. TYPE OF SERVICE TO BE FURNISHED CDBG Grant Administration PART II — COST SUMMARY IRECT LABOR (Specify Labor Categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COST TOTALS Grant Administrator 250 $50.00 $12,500.00 Clerical 75 $25.00 $ 1,875.00 DIRECT LABOR TOTAL: $14 375.00 ESTIMATED COST 8. INDIRECT COSTS (Specify Indirect Cost Pools RATE BASE Fringe 35% $14,375 $ 5,031,00 G 8 A 135% $14,375 $19,406,00 INDIRECT COSTS TOTAL: 9. OTHER DIRECT COSTS $24,437.00 A. TRAVEL 21l miles round trip X $.485 = $102.34 X 30 Trips $3,070.00 (1) TRANSPORTATION Tolls $200.00 (2) PER DIEM 10 lunch X 40 trips $400.00 TRAVEL SUBTOTAL: $3,670.00 B. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST ESTIMATED COST Stationary/Envelopes 10 $1.25 $12.50 Copies 1 1500 1 $.15 $225.00 Postage/Ovemight Mail 10f10 $.39/$22 $224.00 File Folders 10 $4.45 $45.00 EQUII'MENT SUBTOTAL: $506.00 C. SUBCONTRACTS ESTIMATED COST SUBCONTRACTS SUBTOTAL: $00.00 D. OTHER (Specify Categories) ESTIMATED COST OTHER SUBTOTAL: 1 $00.00 E. OTHER DIRECT COSTS TOTAL: $ 4,176.00 10. TOTAL ESTIMATED COST $42,988.00 11. PROFIT $ 5,012.00 12. TOTAL PRICE $48,000.00 14 • • • • EXHIBIT 8 MAY 16, 2006 RESOLUTION NO.06-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE - FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE -PURCHASE AGREEMENT WITH POPULAR LEASING U.S.A., INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: Section 1: Authority for this Resolution. This Resolution is adopted pursuant to the Constitution and laws of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (hereinafter collectively referred to as the "Act"). Section 2: Findings. It is hereby ascertained, found, determined and declared by the City of Okeechobee, Florida, (the "Lessee") that: (a) It is necessary, desirable, and in the best interest of the Lessee and its inhabitants that the Lessee acquire the equipment described in Exhibit A hereto (the "Equipment") and pay for such acquisition through a lease - purchase financing structure pursuant to a Master Lease -Purchase Agreement (the "Lease -Purchase Agreement") between the Lessee and Popular Leasing U.S.A., Inc. (the "Lessor"). (b) The Lessee is authorized and empowered by the Act to enter into transactions such as that contemplated by the Lease -Purchase Agreement and to fully perform its obligations thereunder in order to acquire the Equipment. (c) The execution and delivery of the Lease -Purchase Agreement by the Lessee will comply with all of the provisions of the Act. (d) The Lessee has requested proposals from financial institutions and has determined that the terms proposed by the Lessor are in the best interest of the Lessee consistent with the request for proposals issued for this purpose. OR102Ie5;1 Section 3: Authorization of Equipment. The lease -financing of the Equipment is hereby authorized, pursuant to the provisions of a Lease -Purchase Agreement which shall contain terms consistent with the proposal of the Lessor attached hereto as Exhibit B. Section 4: Approval of Lease -Purchase Agreement. The Lessee hereby authorizes and directs its Mayor or City Manager to execute and deliver, and the City Clerk of the Lessee to attest under the seal of the Lessee, a Lease -Purchase Agreement, all of the provisions of which, when executed and delivered by the Lessee as authorized herein and by the Lessor, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. The Lease Purchase Agreement shall be in such form as approved by the Mayor or City Manager, such approval to be conclusively presumed by the execution thereof. The rent payments to be paid under the Lease -Purchase Agreement and the other terms of the Lease - Purchase Agreement shall be consistent with the proposal of the Lessor attached hereto as Exhibit B. Section 5: Designation as Qualified Small Issuer Obligation. The Lessee (including all subordinate entities which issue tax-exempt debt on behalf of the Lessee) does not reasonably anticipate issuing tax-exempt obligations in excess of $10,000,000 during the current calendar year. The Lessee does hereby designate the obligation to lease the Equipment pursuant to the Lease -Purchase Agreement as a qualified tax-exempt obligation under Section 265(b)(3) of the Internal Revenue Code of 1986. Section 6: Pledge of Lease Proceeds. In order to provide for acquisition of the Equipment, the Lessor shall pay the proceeds of the Lease to Lessee. The Lessee covenants and agrees to establish a separate fund in a bank or trust company in the State of Florida, which is eligible under the laws of such State to receive funds of the Lessee, to be known as the City of [click here and insert city, state], Equipment Acquisition Fund, which shall be used only for the payment of the cost of acquisition of the Equipment. Moneys in the Equipment Acquisition Fund, until applied in payment of the cost of Equipment as provided in the Lease, shall be held in trust by the Lessee and shall be subject to a lien and charge in favor of the Lessor and shall not be subject to any lien or pledge in favor of any person other than Lessor. Lessee does hereby irrevocably pledge the Equipment Acquisition Fund to payment of its obligations under the Lease in accordance with the terms thereof. Section 7: Further Action. The proper officers of the Lessee are hereby authorized, empowered and directed to take all such further action and to execute such additional documents as they deem advisable to carry out the purposes of this Resolution. Section 8: Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions contained in this Resolution or the Lease -Purchase Agreement, or any other document or agreement hereby authorized shall be held contrary to any express provision of law, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any OR103185;1 of the other provisions hereof or of the Lease -Purchase Agreement, or any other document or agreement hereby authorized. Section 9: Succession of Officer of Lessee; Performance of Duties. In the event that the office of any officer of the Lessee mentioned in this Resolution shall be abolished or any two or more of such offices shall be merged or consolidated, or in the event of a vacancy in any such office by reason of death, resignation, removal from office or otherwise, or in the event any such officer shall become incapable of performing the duties of his/her office by reason of sickness, absence from the Lessee or otherwise, all powers conferred and all obligations and duties imposed upon such officer shall be performed by the officer succeeding to the principal functions thereof or by the officer upon whom such powers, obligations and duties shall be imposed by law. Section 10: Benefit of Resolution Limited. Except as herein otherwise expressly provided, nothing in this Resolution, express or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the Lessee and the Lessor (or its assigns) any right, remedy or claim, legal or equitable, under or by reason of this Resolution or any provision thereof, this Resolution and all its provisions being intended to be and being for the sole and exclusive benefit of the Lessee and the Lessor (or its assigns). Section 11: Successors and Assigns. All the covenants, promises and agreements in this Resolution contained by or on behalf of the Lessee shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. Section 12: Repealing Clause. All resolutions, or parts thereof, or other official actions of the Lessee in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 13: Effective Date. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of (SEAL) James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk oRlos1a5,1 STATE OF FLORIDA COUNTY OF I, Lane Gamiotea, City Clerk of the City of Okeechobee, Florida, do hereby certify that the above and foregoing is a true and correct copy of a resolution as the same was duly adopted at a meeting of the City Council held on the day of , 2006, and as the same appears on record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of 12006. Lane Gamiotea, City Clerk (SEAL) OR103155;1 Description of Equipment 24 Full-size Police Sedans OR103185;1 lw,4:110.jvw' Lessor Proposal )R103185;1 as s FORM 813 M ORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME lid' S1 NIP E O BOA COUNCIL, CO MISSION, AUTHORITY, OR COMMITTEE MAtLIAI ESzS / pLJp l.(` `/3` THE BO D, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY � � NAM O POLITIC SUBUI IISION, DATE ON WHICH VOTE OCCURRED 15- I j i _, C!1J �i MY POSITI IS: ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, L -U did- J"x W 1. A' 'am hereby disclose that on 20 (a) A�meassuure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relatives, np��� A /y� f,, , C j Xinured to the special gain or loss of ,e �1� f 71�Lt.� � � 1(,if.�, � l���T by whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: rna io/ X& Date Filed which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 00 00, City of Okeechobee 55 Southeast X4 Avenue * Okeechobee, Florida 34974 * 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this. application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. t TEMPORARY STREET ANn SinFWAI It (':i ngINr, Name of Applicant ! �i' d,��, c �c Today's Date � 1P Address Phone(s)1�, Name of Property Owner Address Q Phone(s) Street to be Closed PaYtLsq. & tun t 3i4ve. tu-4vPnt_2 )U S Dates to be Closed Time(s) to be Closed .Q0yw �;©p Purpose of Closing 0�-7 4A QOLf&Ao-+—� Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments ;If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. jJ ` pk State Food Service License if selling food. j State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) swClean-up is required within 24 hours. NwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. §wNo donations can be requested if any type, of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You.must have the..appropriate license` NwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. N.wDumpsters and port -a -lets are required when closing the street for more than 3 hours. 6A s .. PUBLIC WORKS DEPARTMENT Authorized. Signature POLICE DEPARTMENT Signature orized Signature ADMINISTRATION ignatu �l to%O�o Donnie Robertson, Public Works Director Date Typed Name & Title . �511b &� Denny Davis, Chief of Police Date Typed Name & Title IIV(? T4erh smith. Fire Chief Date Typed Name & Title Occupational and/or State License Verified: dcv Brian Whitehall , city , Administrator Date i yped Name & Title JI�: Il�`OFFICE �� �..oli ��►�► Maxagffio4ta v Authorized Signature Date APPROVEDIDENIED BY COUNCIL ON: Lane Gamiotea City Clerk Typed Name & Title; Revised V05/03 City of Okeechobee SS SE 3 4 Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhiteiiall(&,,cityofokeecliobee.com * * * * *Memorandum * * * * * Date: For May 16, 2006 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report Unfinished Business: • Commerce Center — Reported of a new round of grant funding that may have been available to help the City and the prospects, Holmes and Adron. Unfortunately we have abandoned the process because of the lack of jobs to be created within the first two years. So, we are again exploring Adron Fence excavating the lakes and working out the value of the fill. Atty Cook prepared, and both parties received and have countered with Purchase Contracts pertaining to the following clauses: * w/in 1 yr of closing shall have nec.building permits * shall not sell for 5 years aft issuance of c/o * shall complete construct'n of Lakes as engineered for fill dirt. • Lots 4 & 5 in Commerce Park - Council has approved LBFH, Inc., engineering RFP (for CDBG work) and met with Jim Orth 4/26/06 to discuss contract and Commerce Park Lake configuration. LBFH's contract will not be avail `till the 6/6/06 mtg. In the mean time Old Tyme Construction has applied for a building permit having successfully went through the TRC process. Had a meeting on 5/3/06 and 5/11/06 w/ Meyer, CAS and Jim Orth (LBFH) to discuss SFWMD parameters on lake construction. The 5/11 /06 notes are as follows: Kelly Cranford, PE, Angela Hendrichsen, PE, & Stephanie Raymond from SFWMD, Mike Craig & Bob Meyers from Old Tyme, Oscar Bermudez, City PE & Donnie Robertson, City DPWks, Jim Orth, PE from LBFH, Orlando Rubio, PE, CAS. Items that will need addressing to keep Old Tyme and future phases going: 1. I explained to SFWMD, on a temporary basis, that stonn runoff from Old Tyme Lots 4 & 5 will be directed to the existing drainage structure at the intersection of 12th street & 9th avenue. This will help Old Tyme Const. get their project approved. SFWMD was receptive as long as the City moves steady with the completion of the lake system. It is understood by all that it will be increasingly difficult to get more phases permitted without the completion of the lake system. 2. SFWMD will be looking for the City to construct the dry detention area and drainage structures by wetland no. 5 when the road is submitted for permitting by LBFH. Once Page 1 of 6 N N the road is extended, drainage from lots 4 & 5 will be directed south as per the master plan but can also go east. 3. Mike Craig mentioned that this detention area was constructed which is a good thing if it can be verified. No immediate action is needed on this at this point. 4. SFWMD has an executed conservation easement on file as of 7/15/05. However, a recorded copy of the executed conservation easement document needs to be sent to the SFWMD. Robin is checking to see if this was done. If not, no big deal. Just get it recorded and send it to SFWMD attn Angela Hendrichsen, PE. 5. Electronic copies of plans showing the wetland tracts were also sent to SFWMD (7/15/05) but the CD could not be located by SFWMD. CAS will e-mail these file to SFWMD. 6. As discussed in our previous 5/3/06 meeting, CAS will get you a work authorization request to prepare partial certification of the drainage system and, through a subconsultant, to complete the wetland baseline and monitoring reporting requirements. This is also necessary to get Old Tyme's project approved and CAS recommends this is treated with urgency. • Hamrick — Altho' every effort has been made, no meeting has been scheduled. It is my understanding that within the next week, or so, the City will receive a draft from Atty Michael Hamrick. In the meantime, Main Street evaluation and approval of the Chamber's Xmas/Labor Day festivities approval are being delayed. • Main Street $20,000 annual request is enclosed in the packet. As mentioned in the memo, no action is necessary at this time (unless you feel the need to discuss it) but the matter will be incl in the budget process. • Raulerson Case: The City's defense Atty, Allen, Norton & Blue supplied the City with the Court's pretrial deadlines of which I have copied and attached hereto. • Garbage Franchise Agreement — We will have to make a determination as to how the City will assess to make up the difference discussed for increased garbage billing from Jan to Sep 2006. Have been working on billing history issues. • Technical assistance grant — As you know the City secured a $10k planning grant from DCA and Jim LaRue has been assisting with the development of the Capital Improvement section of the Comprehensive Plan. Staff supplied info in 5-year capital improvements to be used in this process and the budget. We met an April 15"' deadline for submittal of a draft and the last deadline will be 9/1/06. Attached is the rough draft. Other Issues by Dept: Engineering: • Oscar's salary is listed on the Agenda. Early last year the matter was to be discussed and never made it to the agenda. At that time his salary was approx $50,500 and he was offered a position elsewhere at about $65000. It was suggested that the City meet him half way, a difference of $7250. r 71 Page 2 of 6" N N Last Oct employees were given a 6% increase, bring his salary to approx $53,500. • Traffic signal at N 441 and NE 9th St (the entrance to the Commerce Center). The following emails have been made: (from Whitehall, May 5`h): Hi L.K.- Haven't heard much from your office since you sent information about the progress timeline of traffic signalization for N 441 and 9th St. Is there any additional information you require from the City? Please let me know how the matter is progressing. (from LK Nandam, DOT, on May 5a`): We have completed data collection at the intersection. The traffic counts and the stop delay are high enough to warrant a traffic signal at the intersection. We are currently processing projected traffic for the industrial park and analyzing crash data provided by you. This additional information should help us make a final determination. We should have an answer in couple of weeks and will schedule a time to meet with you. Thanks L. K. Nandam, P.E. District Traffic Operations Engineer Florida Department of Transportation District 1 (863) 519-2490/SC 557-2490 l.nandam@dot.state.fl.us As I mentioned, Crash data reflecting some 23 crashes at that intersection. Supplied building info from the park. Have determined that a mast arm is required because 441 is a designated evacuation route. • Flooding and storm sewer management — You were made aware of the Questionnaire that will be distributed as part of the County's storm sewer master plan. An organizational meeting is set up for 5/17 at 6:30PM at the Civic Center. We had a follow up meeting with SFWMD on April 9h. Again, the last time we met with SFWMD (3127105) the impetus was on culvert corrections, new home storage development, the County Storm Sewer master plan, and the Lempkin Creek storage area being proposed along with OUA area between SW 7"' and 12th relaying water to the Lempkin area. Oscar has been meticulously reviewing elevations as same relates to the water table, still gathering info. We hope to have some information to show the City Council at the June 6"' meeting. Finance: India filed for a 6-month extension for the 2004 hurricane reconciliation and has been granted same. The PW s for Wilma and Francis that need to be completed have been sent to Donnie for completion. Audit — Hoyman, Dobson & Co, has apparently finished fieldwork, but at this late date the City was required to file for an extension with the State. There has been some delay associated with getting the appropriate financials from the Pension Fund, which of course is a component part of the City's financials. Page 3 of 6 Fire: • Code Enforcement — At the May 9"' meeting the following motion was made and approved. Member Irby moved a recommendation be made to the City Council for a full time Code Officer in next years budget: Seconded by Member Montesi. Worley - Yes Gamiotea - Yes Irby - Yes Montesi - Yes Sweda -Yes Motion Carried. There are merits to retaining a full time Code Enforcement and I have heard this since arriving. If/when the City does entertain the matter we need to think in terms of actual enforcement fallout and our willingness to back the increased effort. Another variable is Fred Sterling's ability to work fulltime. He has been a great asset to the City and I want to retain him. I need to discuss this a little more with the Chief but absolutely in connection with this endeavor I feels that the `Magistrate' process to expedite Code (nuisance) compliance issues vs. the current Code Enforcement process is a must! It would be considerably less cumbersome with certainly, in my opinion, much more efficiency. If I haven't talked to you about this, please feel free to express you opinion. Union: Sent you the last draft with highlighted areas of dispute and have written back and forth w/ to the Union, again areas of impasse incl: *Art 9, Sec 6, Union wants strictly seniority based call back aft layoff (Mngmnt disagree) * Art 11, Sec 2, Union wants emplee on light duty to be paid a higher hourly rate because he will be limited to 40 hr work week vs a 53 hr work week, and will realize smaller payck (disagree) * Art 13, Union wishes to have 'stipends' which have been narrowed to ex. Inspector-$751mo, Instructor-$75/mo, USAR team-$50/mo. (disagree, would agree with concept of introducing stipends but only in the event that all Dept are given an opportunity to develop them) * Art 14, Sec 1, Union wishes to incr Sick days accrual from 8 hours to 12/month. (disagree) However, a case can be made to incr sick time to 10.5 hrs based on Fire Dept hours of 275612080 times other employees of 8 hours a month, less Kelly days variable. *Art 14, Sec 2A Union wants to be able to accrue 500hours leave time to only be used at retirement to enhance their retirement based on income averaging. (disagree) General Services: • In an effort to streamline our meetings we finally are scheduling our LPA/PB/BOA on the P Thursday of the month and will essentially combine the agendas with the approval of that Board. Page 4 of 6 N N Independent Inspectors — still no permanent Building Official but they have been covering w/ Tom Forbes and John Daum (Inspector). Indep Insp has been interviewing to get a new BO. Street Sweeping contract — Have been advised from Charlie's Lawn Service that street sweeping service will increase from $32,708 to $42, 520.40, a 30% incr. effective July 1 8t. We have been operating under a 7/1/02 Agreement that has been renewed at the same price since. In light of the above, we are preparing bid specifications for same. Lame Future Land Use Map Amendments — As of the 2(27/06, cycle # 1 cutoff date the City reed two proposed developments. The CBC Management Corp (via Close Construction) mentioned in a previous report has submitted their application for 37.5 +/- acne east of S. Parrott between SE 8"' and SE 13th Streets now showing approx 229 Condo and townhouse living units. The second proposal, from H201dings, Palm Beach Gardens, is for the development of 19+/- acres north of SR 70 East across from the Post Of7ice proposing for an all - commercial area without detail as to actual use at this date. (Still tentative scheduling of a 5123106 Planning Board and 811/06 City Council consideration). Police: • Appearance scheduled on Agenda by Wesley Bohn to advocate additional police capability, squads, personnel. Public Works: • You may have noticed we are in full swing of digging ditches in the NW and SW. Have sprayed all the canals and will again in 3-4 weeks w/ mosquito spray mix next time. Will begin Brentwood entrance in the next few days. Our guys spend an unusual amount of time with littering pick up, especially in the Commerce Park. • Street Overlay Project — Finally received a signed contract for Better Roads and gave them a 'Notice To Proceed' notice on 4/4/06. Called them on 4/21 asking for est on start date but have none to date. • Baffle Boxes — The Vys, incl Donnie and Oscar did a great job of completing the NE 7 Av and 5th St and NE 6 h Av and 4t' St boxes and consummating reimbursement from SFWMD. • Baffle Box that was to be installed on SE 4th St at the boat launch... received a letter from DEP advising that the 05-06 General Appropriations Act provides up to $100,000 for the project. The deadline for completion is 6130107, but we hope to start that project this summer. • Sandba4 ling project— investigating preventative sandbagging project wherein we develop a 'staging area' that our citizens can come to pick up materials to help prevent home flooding. Perhaps the use of inmates to fill bags as needed could be accomplished. The idea isn't unique, Tom Forbes discussed how the Keys effectively utilize temporary measures such as this. Plan to gather information from Mrs. Kirk and actually notify those parties that had their houses flooded advising that the service will be available. Page 5 of 6 N N Other: • Sent a memo on our Gp Health Ins via email to all of you on May 5th We just received quotes for the Group Health Insurance, August 1, 2006 renewal and I have attached them hereto. I wanted to get them to you ASAP, but have not had a chance to review them with Scott Harris. For comparison purposes, all scenarios, with the exception of Empl/Spouse (9.9%), are up about 8.8% for the identical HMO plan. As you can see, the Blue Options PPO plan is an average of 12.2% less net (after the employer cost). Last year the renewal quote reflected no increase for the HMO plan and a 6.7% reduction for the BCBS Blue Option PPO. At that time the City Council thought it was appropriate to do a survey of the employees requesting their input. Overwhelmingly (33 - 6) those responding wanted no program changes, sighting slightly higher co -pays and certain doctors not being on the PPO list, which translates to lesser, 'out of network' benefits. The most obvious benefit to the PPO plan is the wider'network' and open access to primary care services. Again, this is the first rendition of the renewals. I plan a conference w/ Mr. Harris in the near future. • Chief Smith and Chief Davis attended the Hurricane conference May 8t' to 12"'. ASAP hereafter we will be having a comprehensive hurricane preparedness staff meeting. • Entegra ribbon cutting on May 1 It" went great, thanks for attending and thanks to the Mayor for his talk. Robin did a great job helping to coordinate. • In connection with budgeting, which India and I have started to discuss, I will be trying to gather wage survey information in the coming months. One issue that has been brought to my attention since arriving here, is the 10-year'step planas it relates to employees that will (have) reach(ed) the maximum of that plan, working on some resolution of that. • The storage building, SE of City Hall, is in dire need of repair and it was included in the budget. Continuing to gathering design info to bid and/or piecemeal the work. • School Concurrence - Supt. Dr. Pat Cooper appeared at the 317106 meeting and reviewed what's on the horizon for an Intergovernmental Agreement providing for adequate school capacity needs consideration with each residential development project. • City Council discussed mandating underground electrical installation at the last meeting. Continue to work on appropriate Council action, but learned that Ft Pierce is not much further than the feasibility stage. Will confer with them and keep you posted. • George Dupont appeared at the Jan 3rd meeting requesting license for mobile vending 'cart: Lane is waiting on some clarification from Atty Cook. Page 6 of 6 LAW OFFICES C••�'�� ALLEN, NORTON & BLUE PROFESSIONAL ASSOCIATION „CORAL GABLES / MIAMI OFFICE ORLANDO OFFICE TALLAHASSEE OFFICE TAMPA OFFICE 121 MAJORCA AVE 1477 WEST FAIRBANKS 906 NORTH MONROE STREET 324 SOUTH HYDE PARK AVENUE SUITE 300 AVENUE SUITE 100 HYDE PARK PLAZA, SUITE 225 CORAL GABLES, FL 331344508 SUITE 100 TALLAHASSEE, FL 32303-6143 TAMPA. FL 33006 4127 305-445-7801 WINTER PARK, FL 32789-7113 850-561-3503 813-251-1210 FACSIMILE 305442-1578 407-571-2152 FACSIMILE 850-561-0332 FACSIMILE 813-253-2006 i FACSIMILE 407-571-1496 REPLY TO: Coral Gables May 5, 2006 John Cook, City Attorney City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Florida 34974 Re: John Thomas Raulerson v. City of Okeechobee Dear Mr. Cook: Enclosed please find a copy of the Court's Order setting the trial date and pretrial schedule in this case. As you can see, the trial is set for the two -week calendar beginning Monday, November 13, 2006 in Ft. Pierce. The. Court has also set various pretrial deadlines as follow: July 6, 2006 June 26, 2006 June 16, 2006 August 29, 2006 +`August 24, 2006 ' August 14, 2006 October 13, 2006 November 2, 2006 November 5, 2006 101894_l .DOC Joinder of Additional Parties and Motions for Class Classification Parties shall exchange expert witness summaries and reports as required by Local Rule 16.1 K Parties shall exchange rebuttal expert witness summaries and reports as. required by Local Rule 16.1 K All discovery, including expert discovery, shall be completed A summary judgment, and other dispositive'motions must be filed A mediator must be selected Mediation shall be completed; all pretrial motions and memoranda of law must be filed Joint Pretrial Stipulations must be filed. Proposed jury instructions and/or proposed findings of fact and conclusions of law must be filed Affiliate of Worklaw® Network: The Nationwide Network of Management Labor and Employment Law Firms RECEIVED MAY 0 9 2006 May 5, 2006 Page 2 } November 9, 2006 Calendar Call November 11, 2006 Deposition designations must be filed will continue to keep you posted as matters progress. Meanwhile, if you have any questions or comments, please feel free to contact me. CTte yl� r L po PLS/crc Enclosure �. cc: Donna Reynolds, City of Okeechobee (w/enclosure) ` Frank Shore,' PRM (w/enclosure) t. Ms. BetseyPasanen, Gallagher Bassett Services, Inc. (w/enclosure) 4 y y ALLEN, NORTON & BLUE, P.A. PROFESSIONAL. ASSOCIATION CITY OF OKEECHOBEE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM Improvements Hall mg plans - Need more detail cabinet i[ure -Desk, chairs r Fiche - change from stand alone system to networking m for City Hall, Police and Fire Subtotal truck Summary - All Departments Pg 1 of 2 Budget Revenue Revenue Revenue Revenue Revenue FY05/06Y06/07 Source FY07/08 Source FY08/09 Source FY09/10 Source FY10/11 Source $ 2,000 A $ 2,000 A $ 2,000 A $ 2,000 A $ 2,000 A $ 2,000 A S 1,100 A $ 800 A $ 15,790 A, F D,F 75,000 I 1 _ 1 [ $225,000 1 D, F, A Vu— oyalcul - rvilcGuIspaiCrvnvioenceirroperty id Car Equipment iheld radios (new) $ 40,000 A $ 100,000 $ 40,000 D, F, A A $ 40,000 $ 25,000 A E, A S 40,000 A $ 40,000 A S 40,000 A ;$ 40 000 $ 40 000 Subtotal Gc Works S 40 000. $ 140.000 $ 65 000 $ 40,000 barn#1 garage doors k (8,01) Lot (301?) $ 50,000 $ 80,000 A A $ 50,000 A :hoe to lace 15yro1dJCB :et truck Subtotal Legend for Revenue Sources A = General Fund Revenues B = Constituional Fuel Tax; Local Option Gas Tax; SRS Eight Cent fuel C = Community Development Block Grant (Anticipated) D = Possible Homeland Security Grant E = Public Saftey Grant (to be applied for) F = Other Grants to be applied for CITY OF OKEECHOBEE Summary - All Departments F.MF. FIVE YEAR CAPITAL IMPROVNTCRnr_ PD A X,r D- , -C i otal budget $ 593,100 $ 2,247,000 $ 613,790 $ 690,800 $ 529,000 $ 739,000 P► = Ueneral Fund Revenues B = Coustituional Fuel Tax; Local Option Gas Tax; SRS Eight Cent C =Community Development Block Grant (Anticipated) D = Possible Homeland Security Grant E = Public Saftey Grant (to be applied for) F = Other Grants to be applied for CITY OF OKEECHOBEE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM Improvements Hardware - Monitors & Hardware as needed software - intergrated and compatible with all its upgrades based on Software needs Subtotal Car Lease .fiend for Revenue Sources = General Fund Revenues Constituional Fuel Tax; Local Option Gas Tax; SRS Eight Cent = Community Development Block Grant (Anticipated) = Possible Homeland Security Grant = Public Saftey Grant (to be applied for) = Other Grants to be applied for Summary - All Departments Pg 1 of 2 Current Proposed Proposed Proposed Proposed Planned Budget Revenue Revenue Planned Revenue Revenue Revenue Revenue FY05/06 Source FY06/07 Source FY07/08 Source FY08/09 Source FY09/10 Source FY10/11 Source $ 1,000 A $ 8,000 A .E� ___- 1 111 lil� 111� 111� 111 111 ill �• ®off-