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2019-07-16CITY OF OKEECHOBEE JULY 163 2019, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE 0 COUNCIL CHAMBERS 0 OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 of 17 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor July 16, 2019, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES Invocation by Cary McKee, More2Life Ministries; Pledge of Allegiance to be led by Mayor Watford. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Monica M. Clark Council Member Bob Jarriel Council Member Bobby Keefe City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen Finance Director India Riedel IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford called the July 16, 2019, Regular City Council Meeting to order at 6:02 P.M. The invocation was given by Pastor Cary McKee of More2Life Ministries; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Present Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda; there were none. Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. 52111 525 JULY 16, 2019 - REGULAR MEETING - PAGE 2 OF 17 V. PROCLAMATIONS AND PRESENTATIONS A. Present Lane Gamiotea with a 30-Year Longevity Service Award. VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the June 18, 2019, Regular meeting. VII. WARRANT REGISTER - City Administrator A. Motion to approve the June 2019 Warrant Register: GeneralFund ........... ............................................................... $521,356.35 Public Facilities Improvement Fund ........................................$ 24,510.51 Capital Improvement Projects Fund ....................................... $ 20,508.47 COUNCIL ACTION - DISCUSSION - VOTE On behalf of the City, Mayor Watford presented Mrs. Lane Gamiotea with a Longevity Service Award in the amount of $750.00 and a framed certificate which read "In recognition of your 30-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from July 14, 1989 to July 14, 2019." Mayor Watford the welcomed and introduced Ms. Lakisha Burch, Florida Association of City Clerks' (FACC) District Director of the Southeast Region and Town of Loxahatchee Groves Town Clerk, along with Ms. Chevelle Nubin, FACC Past -President and City of Wellington City Clerk, who surprised Mrs, Gamiotea by presenting her with a Resolution from the FACC. Ms. Burch read the Resolution into the record as follows: "RESOLUTION NO.2019-01, A RESOLUTION OF THE FACC EXPRESSING GRATITUDE AND RECOGNITION FOR 30 YEARS OF SERVICE AND DEDICATION OF LANE GAMIOTEA, CITY CLERK OF THE CITY OF OKEECHOBEE, FLORIDA. Whereas, Lane Gamiotea has served as the City Clerk for the City of Okeechobee, Florida for 16 years as one of 13 elected City Clerks in the State of Florida, and served as Deputy Clerk for 14 years; and Whereas, Lane Gamiotea has been an active participant of the FACC for 29 years while receiving the designation of Certified Municipal Clerk in 2004, and the International Institute of Municipal Clerks for 17 years, serving on various committees as committee member and as Chair, and Whereas, Lane Gamiotea has carried out the duties and responsibilities of the City Clerk's office in her capacity as City Clerk to the best of her abilities, utilizing and sharing her knowledge and expertise, which was enhanced by her participation in FACC through its conferences and educational seminars. Now, Therefore, Be It Resolved by the FACC That. Section 1: The FACC offers its sincere appreciation and extends best wishes on behalf of all of its members to Lane Gamiotea, in recognition of her 30 years of dedicated service and professionalism in representing the office of the City Clerk as City Clerk. Section 2: This Resolution shall take effect immediately upon adoption and authentication by the signatures of the President and President -Elect of the FACC." City Clerk Gamiotea expressed her gratitude to her fellow City Clerks and added how humbled and proud she was to now be among an exclusive group of individuals that have achieved this milestone with their City career. Council Member Jarriel moved to dispense with the reading and approve the Summary of Council Action for the June 18, 2019, Regular meeting; seconded by Council Member Clark. There was no discussion on this item. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Clark moved to approve the June 2019 Warrant Register in the amounts: General Fund, five hundred twenty-one thousand, three hundred fifty-six dollars and thirty-five cents ($521,356.35); Public Facilities Improvement Fund, twenty-four thousand, five hundred ten dollars and fifty-one cents ($24,510.51); and Capital Improvement Projects Fund, twenty thousand, five hundred eight dollars and forty-seven cents ($20,508.47); seconded by Council Member Keefe. There was no discussion on this item. JULY 16, 2019 - REGULAR MEETING - PAGE 3 OF 17 52 ! AGENDA VII. WARRANT REGISTER CONTINUED A. Motion to approve the June 2019 Warrant Register continued. VIII. OPEN PUBLIC HEARING FOR RESOLUTION AND ORDINANCE ADOPTION - Mayor A.1.a) Motion to adopt proposed Resolution No. 2019-04, providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services - City Attorney (Exhibit 1). b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to adopt proposed Resolution No. 2019-05, providing for the Residential Solid Waste and Collection Assessment for FY 2019-20 - COUNCIL ACTION - DISCUSSION - VOTE VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:13 P.M. Council Member Jarriel moved to adopt proposed Resolution No. 2019-04, providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services; seconded by Council Member Abney. Attorney Cook read proposed Resolution No. 2019-04 by title only as follows; "A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES, SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION, DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL, AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Attorney Cook briefly explained the process of adopting a special non -ad valorem assessment as per the requirements of Florida Statute Chapter 197, while providing the public an opportunity to give input. He continued by explaining two resolutions are needed, as one provides a preliminary rate to be considered and the other sets the rate. Mayor Watford then opened the floor for public comment; there was none. Administrator MontesDeOca explained the annual cost of $234.72 apportioned among customers for Fiscal Year (FY) 2018-19 increased to $237.96 for each residence/unit in FY 2019-20. Finance Director Riedel explained the total revenue listed on page two of the proposed Resolution is based on the number of residential parcels in the City multiplied by the proposed rate. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Jarriel moved to adopt proposed Resolution No. 2019-05, providing for the Residential Solid Waste and Collection Assessment for FY 2019-20; seconded by Council Member Keefe. City Attorney (Exhibit 2). 52 T1 JULY 16, 2019 - REGULAR MEETING - PAGE 4 OF 17 AGENDA Vill. PUBLIC HEARING CONTINUED B.1.b) Public comments and 2019-05. c) Vote on motion. discussion on proposed Resolution No. C.1.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1185, regarding Land Development Regulation Text Amendment Application No. 19-001-TA - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set Final Public Hearing date. c) Attorney to read proposed Ordinance No. 1185 by title only COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed Resolution No. 2019-05 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2019-20; APPROVING THE PRELIMINARY RATE RESOLUTION, AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford opened the floor for public comments. Mr. Frank Irby, 1385 Southeast 23rd Street, confirmed that vacant lots are not assessed the fee, vegetation is picked up only when the property owner schedules and pays for it, and unattended vegetation will be considered a code violation. There was no Council discussion on this item. The total annual revenue to be collected by this Assessment for FY 2019-20 is $414,750.24. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Keefe moved to read by title only and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1185, regarding Land Development Regulation Text Amendment Application No. 19-001-TA; seconded by Council Member Jarriel. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1185 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART 11 OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, AMENDING SECTION 66-1, REVISING DEFINITIONS OF PAWNSHOP, SERVICE- PERSONAL, AND SERVICE - RETAIL; PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING, ARTICLE 111-DISTRICT AND DISTRICT REGULATIONS, DIVISION 6-COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90-223 SPECIAL EXCEPTION USES, AMENDING ITEM (2) AND ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 7-LIGHT COMMERCIAL DISTRICT, SECTION 90-253 SPECIAL EXCEPTION USES, ADDING ITEM (23) PAWNSHOP; AMENDING DIVISION 8-HEAVY COMMERCIAL DISTRICT, SECTION 90-282 PERMITTED USES, ADDING ITEM (19) PAWNSHOP; AMENDING DIVISION 9-CENTRAL BUSINESS DISTRICT, SECTION 90-312 PERMITTED USES, TO; JULY 16, 2019 - REGULAR MEETING - PAGE 5 OF 17 52 AGENDA VIII. PUBLIC HEARING CONTINUED C.1.c) Attorney to read proposed Ordinance No. 1185 by title only continued 2.a) Motion to approve the first reading of proposed Ordinance No. 1185 b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING — Mayor IX. NEW BUSINESS A. Renewal of Public Risk Management Group Health Insurance - India Riedel, Finance Director, Katrina Bouthot, Group Health Trust Assistant Executive Director, Public Risk Management of Florida, Paul Hebert, JD, Area Senior Vice President, Arthur J. Gallagher (Exhibit 4). COUNCIL ACTION - DISCUSSION - VOTE INCLUDE TAKE-OUT RESTAURANT TO ITEM (3) RESTAURANT, CAFE AND BAR TO ITEM (6) PRIVATE CLUB, NIGHTCLUB; AMENDING SECTION 90-313 SPECIAL EXCEPTION USES, ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 10-INDUSTRIAL, SECTION 90-342 PERMITTED USES, TO INCLUDE RESTAURANT, TAKE-OUT RESTAURANT TO ITEM (23) CAFE, ADDING ITEMS (34) PAWNSHOP AND (35) BAR; AMENDING DIVISION 12-MIXED-USE PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 90-402 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT, CAFE TO ITEM (10) RESTAURANT, BAR TO ITEM (14) PRIVATE CLUB, NIGHTCLUB, AND ADDING ITEM (27) PAWNSHOP; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1185; seconded by Council Member Clark. Mr. Ben Smith, Planner with LaRue Planning, explained the proposed changes in Ordinance No. 1185 address several inconsistencies regarding the definitions for retail service, personal service, and pawnshops and to separate the uses included in these definitions. The Ordinance also addresses several inconsistencies regarding the listing of bars as a permitted use or specially permitted use. Mayor Watford opened the floor for public comments; there was none. The Council offered no comments on this item. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:34 P.M. Council Member Clark moved to approve the renewal of Public Risk Management (PRM), Inc., Group Health Trust for the Health Insurance Policy Plan No. PPO 0727 (Blue Cross/Blue Shield); seconded by Council Member Jarriel. Ms. Katrina Bouthot of PRM Group Health Trust and Mr. Paul Hebert of Arthur J. Gallagher provided a power point presentation explaining the process used in determining Health Plan Rates. The rate will increase $53.41 per employee (approximately six percent increase). VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. 52. JULY 16, 2019 - REGULAR MEETING - PAGE 6 OF 17 AGENDA IX. NEW BUSINESS CONTINUED B. Consider Planning Board consensus regarding Mobile Food Vendors - City Planning Consultant (Exhibit 5). C.1.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1186, regarding Right -of -Way Abandonment Petition No. 19-002-SC - City Attorney (Exhibit 6). b) Vote on motion to read by title only and set Final Public Hearing date. c) Attorney to read proposed Ordinance No. 1186 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1186. b) Public comments and discussion. COUNCIL ACTION - DISCUSSION - VOTE Mayor Watford yielded the floor to Planner Smith who explained Planning Staff was directed by Administrator MontesDeOca to address the issue of mobile food vendors during the June 20, 2019, Planning Board Workshop. Currently, City Code Section 14-121 prohibits sales of "merchandise on city -owned or leased properties, or on city road right-of-way lying within the city." Additionally, mobile food vending is not specifically allowed in any of the City's zoning districts and would not meet the standards for restaurants or other food service establishments without approval of a site plan that included considerations for parking, bathrooms, and other standards. Except for the allowable exemption for special events provided in Code Section 14-141, it is Planning Staff's opinion that mobile food vending is effectively prohibited within the City. Mayor Watford clarified mobile food vendors, including food trucks, are allowed for special events only, Council Member Keefe thanked Mr. Smith and the Planning Board for their efforts in reviewing this issue. Mayor Watford asked whether there were any comments from the public; there was none. The consensus of the Council aqreed with the Planning Board recommendation of takinq no action on this item. A revised Exhibit 6 was distributed at the beginning of the meeting. Council Member Clark moved to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1186, regarding Right -of -Way Abandonment Petition No. 19-002-SC; seconded by Council Member Keefe, VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1186 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY BEING AN UNIMPROVED PORTION OF SOUTHEAST 4TH STREET (f/k/a AVENUE A) MORE PARTICULARLY DESCRIBED HEREIN; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR CANAL MAINTENANCE, DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.' Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1186; seconded by Council Member Clark. Attorney Cook explained the revised copy of Exhibit 6 more appropriately addresses the request by the Public Works Director for the applicant/property owner to reserve an Easement to the City over the North 12-feet on Lot 12 of Block E to provide access to the canal for maintenance. JULY 16, 2019 - REGULAR MEETING - PAGE 7 OF 17 5rll /eTCIOZT1T1 IX. NEW BUSINESS CONTINUED C.2.b) Public comments and discussion on proposed Ordinance No. 1186 continued. c) Vote on motion. DA.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1187 amending the Police Officers' Pension Plan - City Attorney (Exhibit 7). b) Vote on motion to read by title only and set Final Public Hearing date. c) Attorney to read proposed Ordinance No. 1187 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1187 b) Public comments and discussion. COUNCIL ACTION - DISCUSSION - VOTE Since the location of the Easement is not within the right-of-way requesting to be abandoned, proposed Ordinance No. 1186 will not take effect until the Easement has been recorded. At the August 6, 2019, meeting the proposed Easement, executed by the property owner will need to be presented for Council approval. Mayor Watford asked whether there were any public comments; there were none. The applicant/property owner Mr. D'Onofrio and his Attorney, Dennis Boyce were in attendance. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Clark moved to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1187, amending the Police Officers Pension Plan; seconded by Council Member Keefe. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1187 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 888, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN, AMENDING SECTION 29, REEMPLOYMENT AFTER RETIREMENT, AMENDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE." Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1187; seconded by Council Member Clark. Mayor Watford yielded the floor to Pension Board Attorney Scott Christiansen who explained the proposed amendments are due to recent changes to the Internal Revenue Code, its associated regulations, guidance from the Internal Revenue Service, recent litigation, and are required to maintain tax qualification status. He also highlighted that the administrative expense to conduct the Share Plan has been shifted to the City. There were two documents included with the proposed Ordinance in Exhibit 7. One was a letter from Attorney Christiansen explaining the specific sections being amended. The other was the Actuary Impact Statement, advising that the amendments are at no additional costs based on their review and understanding of the State's minimum funding requirements. There were no public or Council comments offered on this item. JULY 16.2019 - REGULAR MEETING - PAGE 8 OF 17 AGENDA IX. NEW BUSINESS CONTINUED D.2.c) Vote on motion, to approve the first reading of proposed Ordinance No. 1187. E.1.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1188 amending the Firefighters' Pension Plan - City Attorney (Exhibit 8). b) Vote on motion to read by title only and set Final Public Hearing date. c) Attorney to read proposed Ordinance No. 1188 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1188 b) Public comments and discussion. c) Vote on motion. F.1.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1189, amending the General Employees' Pension Plan - City Attorney (Exhibit 9). COUNCIL ACTION - DISCUSSION - VOTE VOTE: WATFORD - YEA ABNEY-YEA CLARK-YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Council Member Abney moved to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1188, amending the Firefighters' Pension Plan; seconded by Council Member Keefe. VOTE: WATFORD - YEA ABNEY - YEA CLARK - YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1188 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 8, DISABILITY, AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN, AMENDING SECTION 29, REEMPLOYMENT AFTER RETIREMENT, AMENDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 175 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE." Council Member Keefe moved to approve the first reading of proposed Ordinance No. 1188; seconded by Council Member Abney. Attorney Christiansen explained the same comments apply as those of proposed Ordinance No. 1187. Mayor Watford noted for the record that Pension Trustees' Josh Sanders, Herb Smith, and Adam Crum were present. There were no comments offered from the public or Council on this item. VOTE: WATFORD - YEA ABNEY - YEA CLARK - YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Council Member Clark moved to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1189, amending the General Employees' Pension Plan; seconded by Council Member Abney. JULY 16, 2019 - REGULAR MEETING - PAGE 9 OF 17 J__ AGENDA IX. NEW BUSINESS CONTINUED F.1.b) Vote on motion to read by title only and set Final Public Hearing date, proposed Ordinance No. 1189. c) Attorney to read proposed Ordinance No. 1189 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1189 b) Public comments and discussion. c) Vote on motion. GA.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1190, amending the General Employees' Pension Plan - City Attorney (Exhibit 10). b) Vote on motion to read by title only and set Final Public Hearing date, c) Attorney to read proposed Ordinance No. 1190 by title only COUNCIL ACTION - DISCUSSION - VOTE VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1189 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE GENERAL EMPLOYEES' RETIREMENT SYSTEM, RESTATED PURSUANT TO ORDINANCE 1141, IS HEREBY AMENDED; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT, AMENDING SECTION 8, DISABILITY, AMENDING SECTION 16, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, REEMPLOYMENT AFTER RETIREMENT, 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." Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1189; seconded by Council Member Clark. Attorney Christiansen explained the same comments apply as those of proposed Ordinance No. 1187 and No. 1188 with the exception of the Shared Plan expense shift. Additionally, the General Fund Trustees do not have the authority to invest in real estate, the amendment makes this provision. Mayor Watford noted for the record that Pension Trustees' Melissa Henry and Jackie Dunham were present. There were no comments offered from the public or Council on this item. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Jarriel moved to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1190, amending the General Employees' Pension Plan; seconded by Council Member Clark. VOTE: WATFORD — YEA ABNEY — YEA CLARK— YEA JARRIEL — YEA KEEFE— YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1190 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE GENERAL EMPLOYEES' RETIREMENT SYSTEM, RESTATED PURSUANT TO ORDINANCE 1141; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY, AMENDING SECTION 9, VESTING; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE." JULY 16.2019 - REGULAR MEETING - PAGE 10 OF 17 AGENDA IX. NEW BUSINESS CONTINUED G.2.a) Motion to approve the first reading of proposed Ordinance No. 1190 b) Public comments and discussion. c) Vote on motion. H. Motion to adopt proposed Resolution No. 2019-06, providing for the Commercial Solid Waste Collection and Disposal Services and Rates for FY 2019-20 - City Attorney (Exhibit 11). COUNCIL ACTION - DISCUSSION - VOTE Council Member Keefe moved to approve the first reading of proposed Ordinance No. 1190; seconded by Council Member Abney. Attorney Christiansen explained the General Employees' Retirement System Board of Trustees are recommending the Council approve an amendment that provides for the normal retirement age to be reduced from sixty-five to sixty-two. An Actuarial Impact Statement provided within Exhibit 10 explained the proposed amendment increases the City's annual contribution by $5,918.00 (for the first year). This is 0.57 percent of the $1,046,008.00 covered payroll. Attorney Christiansen provided a point of reference in that the Police Officers and Firefighters normal retirement age is fifty-five with 10 years of service or 25 years of service regardless of age. The proposed amendment could potentially provide the City savings long-term as senior, higher -salaried employees could retire earlier opening positions to junior, lower -salaried employees. Mayor Watford opened the floor for public comments. Mr. Frank Irby voiced his concerns and objection to dropping the retirement age as it does not coincide with the age requirement for Medicare and Social Security benefits. Most non-public retirement plans use age 65; individuals retiring before that could have a potential loss of benefits. Mayor Watford thanked him for his comments, adding that governmental pension plans cannot be adequately compared to private -corporation retirement plans. The age is not a requirement to retire, only an option or the employee could enter the deferred retirement option program. The City has Defined Member Benefit Plans, pensioners benefits are based on credited service. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Clark moved to adopt proposed Resolution No. 2019-06, providing for the Commercial Solid Waste Collection and Disposal Services and Rates for FY 2019-20; seconded by Council Member Abney. Attorney Cook read proposed Resolution No. 2019-06 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2019-2020; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." There were no public or Council comments offered on this item. The rates increased less two percent from last FY. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. IutY 16. 2019 - RFrnl AR MFFTINr, - PArF 11 of 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED I. Motion to adopt proposed Resolution No. 2019-07, amending the Council Member Clark moved to adopt proposed Resolution No. 2019-07, amending the Code of Ordinances Code of Ordinances Appendices A, B, and C, providing for a Parking Appendices A, B, and C, providing for a Parking Reduction Application Fee; seconded by Council Member Jarriel. Reduction Application Fee - City Attorney (Exhibit 12). Attorney Cook read proposed Resolution No. 2019-07 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING RESOLUTION NO. 98-09, AS AMENDED, APPENDIX A OF THE CODE OF ORDINANCES, WHICH ADOPTS AND ESTABLISHES ADMINISTRATIVE FORMS FOR USE IN CONJUNCTION WITH THE LAND DEVELOPMENT REGULATIONS; PROVIDING SUBMITTAL REQUIREMENTS AND PROCESSING STANDARDS FOR APPLICATIONS FOR PARKING REDUCTION PETITIONS; CREATING FORM 18, PARKING REDUCTION PETITION, AMENDING RESOLUTION NO. 98-10, AS AMENDED, APPENDIX B OF THE CODE OF ORDINANCES WHICH ADOPTS AND ESTABLISHES INFORMATION REQUIRED ON APPLICATION FORMS; PROVIDING STANDARDS FOR PARKING STUDY SUBMITTALS; CREATING INFORMATION ITEM NUMBER 12, PARKING STUDY, AMENDING RESOLUTION NO. 98-11, AS AMENDED, APPENDIX C OF THE CODE OF ORDINANCES, SCHEDULE OF LAND DEVELOPMENT REGULATIONS FEES AND CHARGES; REQUIRING CERTAIN FEES FOR PROCESSING OF APPLICATIONS FOR PARKING REDUCTION PETITIONS; CREATING FEE SCHEDULE 20; AS SET FORTH AS ATTACHMENTS TO THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford yielded the floor to Planner Smith who explained City Code Sections 90-483 and 90-485 provide for requests to reduce the amount of parking that is required. However, there is not a fee schedule, submittal process, or parking study requirement provided specifically for parking reduction requests. Currently, the City charges the same fee for a parking reduction request as a site plan review, $1,000,00. In situations where a parking reduction is concurrent with the site plan review, this is appropriate. However, there are certain situations where an applicant may request a parking reduction without a site plan review. Planning and City Staff are recommending that a fee of $250.00 would be more appropriate than the $1,000.00 in these situations, considering that City Staff will spend considerably less time processing a parking reduction request not associated with a site plan. At the May 16, 2109, Planning Board Workshop, direction was given to create a new fee schedule for parking reduction requests. The proposed Resolution was presented to the Planning Board at the June 20, 2019, meeting and was recommended for approval. The Council had several issues with the amendment including the documents required to be submitted with the reduction request, whether there should be two types of applications, one for existing buildings, and one for new buildings, as most of the parking issues arise from changing the use of an existing building. Motion and Second were withdrawn from the floor. This item will be placed on a future agenda after further review and additional research by Planning and City Staff. J. Motion to adopt proposed Resolution No. 2019-08, regarding Florida Department of Transportation Maintenance Agreement No. BE391 Council Member Jarriel moved to adopt proposed Resolution No. 2019-08, regarding Florida Department of Transportation (FDOT) Maintenance Agreement No. BE391 Landscaping Renewal No, 2; seconded by Council Landscaping, Renewal No. 2 - City Attorney (Exhibit 13). Member Keefe. 535 JULY 16, 2019 - REGULAR MEETING - PAGE 12 OF 17 AGENDA IX. NEW BUSINESS CONTINUED J. Motion to adopt proposed Resolution No. 2019-08, regarding Florida Department of Transportation Maintenance Agreement No. BE391 Landscaping, Renewal No. 2 continued K. Motion to approve a recommendation from the Code Enforcement Special Magistrate to consider a release or reduction of lien in Case No. 15-013, 1105 Southwest 7th Avenue - Police Chief (Exhibit 14). COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed Resolution No. 2019-08 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MEMORANDUM OF AGREEMENT RENEWAL NO. 2, CONTRACT NO. BE391, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE MAINTENANCE AND BEAUTIFICATION ALONG STATE ROADS 70 AND 15 WITHIN THE CORPORATE LIMITS OF THE CITY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Memorandum of Agreement Renewal No. 1 expires August 3, 2019. The renewal term is one year beginning August 4, 2019 and ending August 3, 2020. FDOT will reimburse the City three quarterly payments of $2,406.37 and one quarterly payment of $2,406.34, for a total amount of $9,625.45 annually. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Mayor Watford asked that before a motion is offered, the Council hear from Staff. The contents of Exhibit 14 included a Notice of a June 25, 2019, Hearing at 6:30 P.M. to Anthony Bertram. A Lien/Order dated May 11, 2018, recorded in OR Book 817/Pages 53-54, providing information on the action taken at the May 8, 2018, Code Board Hearing where it was determined that Mr. Bertram as the property owner, was in violation of City Code Section 30-43 public nuisance and Section 54-51 commercial vehicles; unless property was in compliance by July 10, 2018, a $15.00 per day fine would be imposed. Notice of Compliance dated December 31, 2018, number of days the Lien accrued: 174, and the amount due: $2,610.00. Police Chief Peterson explained the Code Enforcement Special Magistrate recommended reducing the Lien to $250.00. Attorney Cook provided direction in that the Council cannot litigate the Case, or discuss any merits or specifics of the Case. The Council needs to determine whether there are any mitigating circumstances to not accept the recommendation. Should the Council make that determine, they can approve another amount; or deny any reduction and the Lien would remain in place until it is paid. Although several Council Members had questions regarding the history of the Case and expenses incurred by the City, Attorney Cook and Chief Peterson maintain those questions could not be addressed. Mr, Bertram was in attendance. Council Member Jarriel moved to approve a recommendation from the Code Enforcement Special Magistrate to consider a release or reduction of lien [to $250.00] in Case No. 15-013, 1105 Southwest 7th Avenue [Legal: Lots 8 and South -half of 7 of Block 247, FIRST ADDITION TO CITY OF OKEECHOBEE, Plat Book 1, Page 11, public records of Okeechobee County, Florida]; seconded by Council Member Abney. WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA KEEFE — YEA CLARK — YEA MOTION CARRIED. JULY 16. 2019 - REGULAR MEETING - PAGE 13 of 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED L. Consider a request by the Chamber of Commerce of Okeechobee At the October 16, 2018, regular meeting the Council approved an Extension of Lease Agreement with the Chamber County for a modification to the Extension of Lease Agreement - of Commerce of Okeechobee County. After reviewing the Extension, the Chamber requested the Council omit the Administrator. Errors and Omissions (E&O) insurance requirement. The Council reviewed and denied the request at the April 16, 2019, regular meeting. Administrator MontesDeOca explained Mr. Terry Burroughs of the Chamber of Commerce contacted PRM regarding the use of Directors and Officers (D&O) insurance in lieu of E&O insurance. PRM confirmed that D&O insurance would be sufficient. Mayor Watford explained a meeting was held earlier in the day with him, the Administrator, Attorney Cook, and Mr. Burroughs to discuss the insurance issue, as Mr. Burroughs was not able to attend tonight's meeting. The Chamber does have D&O insurance and the City is listed as an additional insured on their liability insurance policy. Attorney Cook recommended the City accept the change. Council Member Clark moved to amend the Chamber of Commerce Lease Extension Agreement by replacing the required E&O Insurance with D&O Insurance; seconded by Council Member Keefe. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. M. Motion to approve the maximum millage rate for advertisement for Council Member Clark moved to approve the maximum millage rate for advertisement for 2019 Tax Notices, 8.9932 2019 Tax Notices, 8.9932 for budget year 2019-20 - Finance Director for budget year 2019-20; seconded by Council Member Jarriel for discussion. (Exhibit 15). On behalf of the City Administrator, the Staff recommendation to advertise the millage rate at the maximum allowed was presented by Finance Director Riedel, Using the State required "Truth in Millage" (TRIM) process, the rate is calculated by the roll-back/roll-forward rate, plus one mill. The current FY millage is 7.9932. The City Council will adopt the actual millage rate via an ordinance during the two required Public Hearings in September. The final rate is anticipated to be lower than the advertised rate, Mayor Watford elaborated, because of the TRIM process, which seems backwards, the typical procedure is to approve the advertisement at the maximum rate. Then, once the Council has the proposed budget amounts, the actual rate adopted is lower than the advertised rate. Council Member Jarriel voiced his concerns with advertising the millage at 8.9932, as the City will most likely see an increase in property values, and he would prefer it be reduced and advertised at 7.0. When taxpayers receive their notices from the County Property Appraiser's Office, it is very confusing to understand that the proposed rate listed is not the actual rate. VOTE: WATFORD — YEA ABNEY — YEA CLARK — NO JARRIEL — NO KEEFE — No MOTION FAILED. 53 hnv1C)n1a.Rcr-111ADMccTinir--DAM=1Anc17 53, AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED M. Motion to approve the maximum millage rate for advertisement for Council Member Clark moved to set the maximum millage rate for advertisement to 7.9932, the current 2019 Tax Notices, 8.9932 for budget year 2019-20 continued. millage rate; seconded by Council Member Keefe, Mayor Watford voiced his objection with setting a rate without the ability to adjust it for unforeseen matters that could arise between now and the final budget adoption. VOTE: WATFORD — NO ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. N. Motion to approve the 2019-20 budget preparation and millage calendar setting Workshop(s) to be held August 6, 2019, at 5:00 P.M., Council Member Clark moved to approve the FY 2019-20 budget preparation and millage calendar setting Workshop(s) to be held August 6, 2019, at 5:00 P.M., August 20, 2019, at 5:00 P.M. (if needed), First Public August 20, 2019, at 5:00 P.M. (if needed), First Public Hearing Hearing September 3, 2019, at 6:00 P.M., and Final Public Hearing September 17, 2019, at 6:00 P.M., all to be held September 3, 2019, at 6:00 P.M., and Final Public Hearing September 17, 2019, at 6:00 P.M., all to be held in Council Chambers at 55 in Council Chambers at 55 Southeast 3rd Avenue, Okeechobee, Florida; seconded by Council Member Keefe. For clarification: the August Workshops are on the same dates as the regular meetings The regular meeting will begin Southeast 3rd Avenue, Okeechobee, Florida - Finance Director at 5.00 P.M. with the Workshop portion to be conducted at the end of the agenda. (Exhibit 16). VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. 0. Motion to approve an Agreement with Okeechobee Christian Academy for the School Resource Officer Program - City Attorney (Exhibit 17). Council Member Clark moved to approve an Agreement [in the amount of $75,596.13] with Okeechobee Christian Academy (OCA) for the School Resource Officer Program (SRO); seconded by Council Member Keefe. A revised Exhibit 17 was distributed prior to the meeting. At the June 18, 2019, regular meeting the Council approved the implementation of an additional SRO to be assigned to OCA. The initial term of the Agreement is July 1, 2019 to June 30, 2020. OCA is to reimburse the City quarterly beginning July 1, 2019. Chief Peterson included a breakdown of annual recurring costs and start-up costs. VOTE: WATFORD — YEA ABNEY—YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. P. Motion to approve additional repairs to the Fire Department Ladder Truck in the amount of $70,819.89 - Fire Chief (Exhibit 13). Council Member Clark moved to approve additional repairs to the Fire Department Ladder Truck in the amount of $70,819.89 [to Ten-8 Fire Equipment, Inc., of Bradenton, Florida]; seconded by Council Member Abney. The used Ladder Truck was donated to the City Fire Department through a grant several years ago, with very little maintenance and repairs to date. City Staff has been aware that extensive expenditures for repairs would need to be provided in future budget(s). JULY 16, 2019 - REGULAR MEETING - PAGE 15 OF 17 53 AGENDA IX. NEW BUSINESS CONTINUED P. Motion to approve additional repairs to the Fire Department Ladder Truck in the amount of $70,819.89 continued. Q. Motion to approve ratification of sole source purchase from JMC Landscaping Services in the amount of $24,800.00 for landscaping - Administrator and Public Works Director (Exhibit 19). COUNCIL ACTION - DISCUSSION - VOTE Unfortunately, the repairs have been required to be addressed before they could be properly presented. This is the only Ladder emergency apparatus within the entire County. The Council approved an expenditure of up to $35,000.00 at the August 7, 2018, meeting for a complete motor rebuild. Upon that being successfully conducted, the truck then failed the required pump certification testing. The Council approved an estimated expenditure of up to $13,800.00 at the February 5, 2019, meeting to replace and repair all 11 valves; the actual cost was $14,014.09. During the next round of pump certification testing, the truck failed again due to issues with the radiator, transfer case, and water pump. Chief Smith and Captain Rodriguez accompanied by the Administrator, traveled to Bradenton for an on -site, in -person evaluation with representatives of Ten-8 and the mechanic. The Administrator requested a systematic evaluation/inspection of the remaining components of the Ladder Truck. Exhibit 18 provided the proposal to complete all foreseen repairs, containing three detailed service estimates/invoices in the amounts of $2,056.43, $10,760.99, and $57,788.36, totaling $70,605,80, There is a difference of $214.09 more than what the three invoices equal and the requested amount in the motion. This is the difference between the actual cost from the estimated amount requested and approved on February 5, 2019. The Council noted the importance of getting the Ladder Truck back in service; the overall repair costs are substantially less than to purchase a new one. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Jarriel moved to approve to ratify a sole source purchase from JMC Landscaping Services in the amount of $24,800.00 for landscaping; seconded by Council Member Clark. Information provided in Exhibit 19 explained the amount is divided into two separate invoices, broken out as follows: Purchase Order No. 4726 issued May 8, 2019, for $10,000.00 covered landscaping planted in the Centennial Park and consisted of three southern live oak trees, five lavender crepe myrtles, 75 viburnum suspensum (perennial shrubs), 25 gold mound duranta repens plants, and red mulch. Purchase Order No, 4125 issued May 8, 2019, for $14,800.00 covered the planting of eight southern live oak trees in Park "L" of FLAGLER PARKS. A second, higher quote was also provided from Ideal Landscaping, LLC, Council approval is required as the Administrator is limited to approve expenditures up to $15,000.00, Although individually the invoices were under the limit, Council approval is required since they are issued to the same Contractor and of the same product/materials/services. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. 53 JULY 16, 2019 - REGULAR MEETING - PAGE 16 OF 17 AGENDA IX. NEW BUSINESS CONTINUED R. Motion to approve FY 2018-19 Amended Budget - Administrator and Finance Director (Exhibit 20). S. Motion to approve the renewal of City Administrator Contract - Mayor (Exhibit 21). T. Discussion regarding the City Fire Department - Council Member Jarriel. COUNCIL ACTION - DISCUSSION - VOTE Council Member Jarriel moved to approve the [second] FY 2018-19 Budget Amendment; seconded by Council Member Clark. Exhibit 20 reflects the following amendments: General Fund Line Item 001-574-8300 was added to include $7,000.00 for marketing, tourist and economic development; Police Department Total Personnel Costs increased from $2,144,822.00 to $2,161,429.00, Police Department Total Supplies and Other Services increased from $387,208.00 to $392,040.00, and the overall Grand Total for the Police Department increased from $2,532,030.00 to $2,553,469.00 reflecting the three month costs association with the addition of one SRO for assigned to OCA; and the Fire Department General Fund Line Item 001-522-4609 increased from $33,575.00 to $118,275.00 reflecting the repairs to the Ladder truck as presented in item "P" of this meeting. The Capital Fund Line Item 304-521-6400 increased from $349,146.00 to $350,646.00. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Jarriel moved to approve the renewal of the City Administrator Contract; Mayor Watford called for a second three times. Motion died for lack of second. Mayor Watford noted the current Contract will expire on September 30, 2019. Council Member Clark asked for clarification as to whether they are approving to keep Mr. MontesDeOca as the Administrator or approving the proposed Contract. Mayor Watford responded both, the Council should either approve the contract presented or continue with negotiations, unless they did not want to continue his employment. Discussion continued with limited progress causing Attorney Cook to recommend the Council Members meet with the Administrator individually to discuss their concerns with the proposed revisions to the employment contract. Administrator MontesDeOca then requested the item be withdrawn and re -presented after individual meetings with Council Members There were no objections; the item was withdrawn. Council Member Jarriel made a motion to have a Workshop with the County regarding the possible consolidation of the City Fire Department with the County Fire Department. Council Member Clark requested the motion be withdrawn to allow for discussion on the topic first; Council Member Jarriel withdrew his motion. He then expressed his concerns with allocating 75 percent of the ad -valorem revenue to fund the Fire Department, He clarified that this topic is not a reflection on the Fire Department in any manner, they do a great job; it is only to ensure the Council is looking at what is best for the citizens. While attending the Institute for Elected Municipal Officials conference, Council Member Jarriel learned that municipalities that do not provide Fire and/or Police services have an average millage rate between 4.0 and 5.0. He has asked questions regarding the costs associated with the Fire Department and what the costs would be to merge the two Departments, receiving multiple conflicting answers. JULY 16. 2019- REGULAR MEETING - PAGE 17 of 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED T. Discussion regarding the City Fire Department continued. Council Member Jarriel recommended the City hold a Workshop with the County to get concrete information on the matter. Council Members Abney, Clark, and Keefe agreed the matter should be researched further and recommended Staff contact the County prior to a Workshop being scheduled to see whether the County would entertain the idea. Mayor Watford suggested a motion be presented to open the discussion to the public. Council Member Jarriel made a motion to meet with the County for a joint Workshop to discuss the possibility of consolidating the City and County Fire Departments; seconded by Council Member Clark. Mayor Watford opened the floor for public comments. Mr. Frank Irby stated the City Fire Department is approximately two-thirds of the budget. Most 24-hour service operations are inherently inefficient and that it has nothing to do with the level of service or anyone's job performance. It is incumbent on the Council to make decisions on how to provide this service more cost effectively. He encouraged the Council to discuss this with the County to explore avenues that will reduce costs for the taxpayers. Mr. Ron Jarriel, retired Firefighter of Palm Beach County, asked the Council to consider the impact that this would have on the employees, and to ensure the Firefighters do not take a cut in pay or reduction in benefits. Mayor Watford explained the County had the option of consolidating these two Departments in the 1970's but declined. He expressed his appreciation for the comments and added he has no problem with saving the taxpayers money. He recommended that City and County Staff gather information and data to present to the Council for review prior to scheduling a Workshop, Council Member Abney agreed that having data to review and ensure the concept was sound enough to warrant the Workshop was a better approach. There were no objections noted, by consensus, the Council directed Administrator MontesDeOca with the task of collecting and providing them with data to review prior to the Workshop. VOTE: WATFORD — NO ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. X. COUNCIL COMMENTS - Mayor Mayor Watford clarified a comment made at a previous meeting where he referred to "an organization." The individual who made the comments to the Mayor wanted him to be sure that people understand that it was not the organization's position, but the individual's. Council Members Abney, Clark, Jarriel, and Keefe did not have any comments. XI. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with There being no further items on the agenda, Mayor Watford adjourned the meeting at 8:39 P.M. The next regular respect to any matter considered at this meeting, he/she may need to ensure that a verbatim record of the proceeding Council meeting is scheduled for August 6, 2019, at 5:00 P.M. is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST- / Dowling R. Watf rd, Jr., ayor ' 'lei Lane Gamiote , CMC, City Clerk aNMS)�DEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee Coun j, Florida, that, the attached copy of advertisement being a �t,�. in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake 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 publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this . kz:1-1` • day of i '� �� '� ,' 0 3 �� AD Notary Public, State of Florida at Large o« ?! ANGIE BRIDGES '? WCOMMISSIONW976149 y: ? EXPIRES:Apd120 2020 -:; pF ,�,",• Bonded 7h�u Notary Pubic Und9r yilef8 q-- It io rm k v Lake Okeechobee News , 107 SW 17th Str,!e t i a BEADWWtlwtst Myoutmdioslawart/doam�;pl�sevide or� p�/ to the Cpadl h suppatoropposibn to art, lemon the aka, a Oe� orttia at xMx e video, or tent MUST be podded to the C1y %r,,�/W�119"W0r"k w CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 JULY i 6, 20 i� u REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: July 16, 2019, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation by Cary McKee, More2Life Ministries; Pledge of Allegiance led by Mayor COUNCIL MEMBERS AND STAFF ATTENDANCE - Clerk Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Monica Clark Council Member Bob Jarriel Council Member Bobby Keefe Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen Finance Director India Riedel IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda — Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. PAGE 1 OF 6 July 16, 2019 PAGE 2 OF 6 V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present Lane Gamiotea with a 30-Year Longevity Service Award, VI. MINUTES - Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the June 18, 2019 regular meeting. VII. WARRANT REGISTER —Administrator A. Motion to approve the June 2019 Warrant Register. General Fund $521,356.35 Public Facilities Improvement Fund $ 24,510.51 Capital Improvement Projects Fund $ 20,508.47 Vill. OPEN PUBLIC HEARING FOR RESOLUTION AND ORDINANCE ADOPTION — Mayor A.1.a) Motion to adopt proposed Resolution No. 2019-04, providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services - City Attorney (Exhibit 1). b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to adopt proposed Resolution No. 2019-05, providing for the Residential Solid Waste and Collection Assessment for Fiscal Year 2019/2020 — City Attorney (Exhibit 2). b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1185 regarding LDR Text Amendment Application No. 19-001-TA —City Attorney (Exhibit 3). July 16, 2019 PAGE 3 of 6 PUBLIC HEARING FOR RESOLUTION AND ORDINANCE ADOPTION CONTINIUED C. 1.b) Vote on motion to read by title only and set final public hearing date. c) Attorney to read proposed Ordinance No. 1185 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1185. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING IX. NEW BUSINESS A. Renewal of Public Risk Management Group Health Insurance — India Riedel, Finance Director (Exhibit 4) Katrina Bouthot, Group Health Trust Assistant Executive Director, Public Risk Management of Florida Paul Hebert, JD, Area Senior Vice President, Arthur J. Gallagher B. Consider Planning Board consensus regarding Mobile Food Vendors — City Planning Consultant (Exhibit 5). CA.a) Motion to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1186 regarding Right -of -Way Abandonment Petition No. 19-002-SC — City Attorney (Exhibit 6), b) Vote on motion to read by title only and set final public hearing date. c) Attorney to read proposed Ordinance No. 1186 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1186. b) Public comments and discussion. July 16, 2019 PAGE 4 of 6 IX. NEW BUSINESS CONTINUED C.2.c) Vote on motion. D.1.a) Motion to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1187 amending the Police Officers Pension Plan — City Attorney (Exhibit 7). b) Vote on motion to read by title only and set final public hearing date. c) Attorney to read proposed Ordinance No. 1187 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1187. b) Public comments and discussion. c) Vote on motion. E.1.a) Motion to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1188 amending the Firefighters' Pension Plan — City Attorney (Exhibit 8). b) Vote on motion to read by title only and set final public hearing date, c) Attorney to read proposed Ordinance No. 1188 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1188. b) Public comments and discussion. c) Vote on motion. F.1.a) Motion to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1189 amending the General Employees Pension Plan — City Attorney (Exhibit 9). b) Vote on motion to read by title only and set final public hearing date. F IX. NEW BUSINESS CONTINUED F.1.c) Attorney to read proposed Ordinance No. 1189 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1189. b) Public comments and discussion, c) Vote on motion. GA.a) Motion to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1190 amending the General Employees Pension Plan — City Attorney (Exhibit 10). b) Vote on motion to read by title only and set final public hearing date, c) Attorney to read proposed Ordinance No. 1190 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1190. b) Public comments and discussion. c) Vote on motion. H. Motion to adopt proposed Resolution No. 2019-06, providing for the Commercial Solid Waste Collection and Disposal Services and Rates for FY 2019/2020 — City Attorney (Exhibit 11). I. Motion to adopt proposed Resolution No, 2019-07, amending the Code of Ordinances Appendix A, B, and C, providing for a Parking Reduction Application Fee — City Attorney (Exhibit 12). J. Motion to adopt proposed Resolution No. 2019-08, regarding Florida Department of Transportation Maintenance Agreement No. BE391 Landscaping, Renewal No. 2 — City Attorney (Exhibit 13). July 16, 2019 PAGE 5 of 6 July 16, 2019 PAGE 6 OF 6 IX. NEW BUSINESS CONTINUED K. Motion to approve a recommendation from the Code Enforcement Special Magistrate to consider a release or reduction of lien in Case No. 15-013, 1105 SW 7th Avenue — Police Chief (Exhibit 14). L. Consider a request by the Chamber of Commerce of Okeechobee County for a modification to the Extension of Lease Agreement — Administrator M. Motion to approve the maximum millage rate for advertisement for 2019 Tax Notices, 8,9932 for budget year 2019/2020 — Finance Director (Exhibit 15). N. Motion to approve the 2019-2020 Budget Preparation and Millage Calendar setting workshop(s) to be held August 6, 2019 at 5:00 p.m., August 20, 2019 at 5:00 p,m. (if needed), First Public Hearing September 3, 2019 at 6:00 p,m., and Final Public Hearing September 17, 2019 at 6:00 p.m., all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, Florida — Finance Director (Exhibit 16). 0. Motion to approve an Agreement with Okeechobee Christian Academy for the School Resource Officer Program — City Attorney (Exhibit 17). P. Motion to approve additional repairs to the Fire Department Ladder Truck in the amount of $70,819.89 — Fire Chief (Exhibit 18). Q. Motion to approve ratification of sole source purchase from JMC Landscaping Services in the amount of $24,800.00 for landscaping — Administrator and Public Works Director (Exhibit 19). R. Motion to approve FY 2018/19 Amended Budget — Administrator and Finance Director (Exhibit 20). S. Motion to approve the renewal of City Administrator Contract - Mayor (Exhibit 21). T. Discussion regarding the City Fire Department — Council Member Jarriel X. COUNCIL COMMENTS — Mayor XI. 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 recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video, or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. City of Okeechobee, July 16, 2019 Meeting Minutes taken during the meeting by Lane Gamiotea P CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on July 16, 2019, at 6-Afl'('.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation given by Pastor Cary McKee, More2Life Ministries; the Pledge of Allegiance was led by Mayor Watford. i� III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Wes Abney Present Council Member Monica Clark Present Council Member Bob Jarriel Present -Council Member Bobby Keefe --Pfesent City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea - Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present Finance Director India Riedel Present IV. AGENDA AND PUBLIC COMMENTS • Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford asked whether there were any comment cards presented for public comment, V. PROCLAMATIONS AND PRESENTATIONS --Mayor A. Present Lane Gamiotea with a 30-Year Longevity Service Award. On behalf of the City, Mayor Watford presented Mrs. Lane Gamiotea with a Longevity Service Award in the amount of $750.00 and a framed certificate which read "in recognition of your 30-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from July 14, 1989 to July 14, 2019." Page 1 of 27 M. MIN TES - City Clerk A. Motion to dispense with meeting. ---- the reading and approve the Summary of Council Action for the June 18, 2019 regular Council Member moved to dispense with the readin and approve the Summary of -Council A-cf—ion for f e uh ne — 18, 2019, R 'ular mee ' g, seconded by Council Member. There was no discussion on this item. 1� CiA & VOTE: WATFORb - YEA -WB—NEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA M VII. WARRANT REGISTER — City Administrator A. Motion to approve the June 2019 Warrant Register. General Fund $521,356.35 Public Facilities Improvement Fund $ 24,510.51 Capital Improvement Projects Fund $ 20,508.47 —T�- council Member moved to approve the`7une 2019 Warrant f eegls er In the amounts: General Fund, five hundred twenty-one thousand, three hundred_ fifty-six dollars and thirty-five cents ($521,356.35); Public Facilities Improvement Fund, twenty-four thousand, five hundred ten dollars and fifty-one cents ($24,510.51); and Capital Improvement Projects Fund, twenty thousand, five hundred eight dollars and forty-seven cents ($20,508.47); seconded by Council Member k_ . VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA a� JARRIEL—YEA KEEFE — YEA A E .; V[ll7--OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION --Mayor TIME: tn P%1- A,1.a) Motion to adopt proposed Resolution No. 2019-04, providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services - City Attorney (Exhibit 1). Council Member _� moved to adopt proposed Resolution No. 2019-04, providing for the Collection and Disposal Services of Residential'Solid Waste customers and establishing a Preliminary Rate Assessment for services; seconded by Council Member �1 A . b) Public comments and discussion. I:�Lx" *,ko,, kplou�, t"kaal ` t-a Attorney Cook read proposed Resolution No. 2019-04 by title only as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION, DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL, AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 0-flv)oA ' te>,,aE /Jc) j 1- ad VCj C/ t&A irk. �- C� � ' h c� ;- i 1CC `r,�.�-1 ` . I�� nui � -,to c) Vote on motion. _ VOTE: WATFORD — YEA ABNEY — YEA C — JARRIEL — YEA -- KEEFE — YEA M�tO ARRIED _--= --- - -- - _ _- j l r_ - r_ ._ __-,_ -- _-_----- Page 2 of 27 �-Ov,o,J --Qjp ZQ- �y 1 c�- L Y lsciwok �b �411-4 O ft Jam' -p4- c;2 do -h�dl lO yk-� 1+` y4j,4 4 WtQ5� 4d t4&+ eq- p axt,,etLWCd POf bklt St�— ( CLQ a . 5�l� cue Vka U�t Co a /n ad Od- )4 Mn� M VIII. PUBLIC HEARING CONTINUED 6.1.a) Motion to adopt proposed Resolution No. 2019-05, providing for the Residential Solid Waste and Collection Assessment for Fiscal Year 2019/2020 — City Attorney (Exhibit 2). Council Member ° moved to adopt proposed Resolution No. 2019-05, providi for the Residential Solid Waste and Collection Assessm mber t for Fiscal Year 2019/2020; seconded by Council Me b) Public comments and discussion. Attorney Cook read proposed Resolution No. 2019-05 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2019-20; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING'THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." c J F'tk6AL 7VA-, C�Jas11 ? itch IL,� UV `�� cw�h �r C) Vote on motion. V\C�C Yo_� i'43e,k_�LCone ,S a ()[X' Stcd A VOTE: F C 1u - C! OCUL StLCti(� tic ATFORD — YEA ABNEY — YEA CLA ARRIEL — YEA KEEFE — YEA (� OTION CARRIED. C.1.a) Motion to read by title only and set August 6, 2019 as a final public hearing date or proposed Ordinance No. 1185 regarding LDR Text Amendment Application No. 19-001-TA — City Attorney (Exhibit 3). C,Duncil Member moved to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1185 regarding LDR Text Amendment Application No. 19-001-TA; seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. c) Attorney to read proposed Ordinance No. 1185 by title only. Attorney Cook read proposed Ordinance No. 1185 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART ll OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, AMENDING SECTION 66-1, REVISING DEFINITIONS OF PAWNSHOP, SERVICE- PERSONAL, AND SERVICE - RETAIL; PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING, ARTICLE III -DISTRICT AND DISTRICT REGULATIONS, DIVISION 6-COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90-223 SPECIAL EXCEPTION USES, AMENDING ITEM (2) AND ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 7-LIGHT COMMERCIAL DISTRICT, SECTION 90-253 SPECIAL EXCEPTION USES, ADDING ITEM (23) PAWNSHOP; AMENDING DIVISION 8-HEAVY COMMERCIAL DISTRICT, SECTION 90-282 PERMITTED USES, ADDING ITEM (19) PAWNSHOP; AMENDING DIVISION 9-CENTRAL BUSINESS DISTRICT, SECTION 90-312 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT TO ITEM (3) RESTAURANT, CAFE AND BAR TO ITEM (6) PRIVATE CLUB, NIGHTCLUB; AMENDING SECTION 90-313 SPECIAL EXCEPTION USES, ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 10-INDUSTRIAL, SECTION 90-342 PERMITTED USES, TO INCLUDE RESTAURANT, TAKE-OUT RESTAURANT TO ITEM (23) CAFE, ADDING ITEMS (34) PAWNSHOP AND (35) BAR; AMENDING DIVISION 12-MIXED-USE PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 90- 402 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT, CAFE: TO ITEM (10) RESTAURANT, BAR TO ITEM (14) PRIVATE CLUB, NIGHTCLUB, AND ADDING ITEM (27) PAWNSHOP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1185. Council Member f' moved to approve the first reading of proposed Ordinance No. 1185; seconded by Council Member b) Public comments and discussion. Page 3 of 27 VIII. PUBLIC HEARING CONTINUED C.2.b) Public comments and discussion on Ordinance No c) Vote on motion. 1185 continued. VOTE: WATFORD — YEA ABNEY — YEA C — Y'EA— JARRIEL — YEA KEEFE — YEA MOTION CARRI CLOSE PUBLIC HEARING AT C P.M. Page 4 of 27 IX. NEW' BUSINESS A. Renewal of Public Risk Management Group Health Insurance — India Riedel, Finance Director (Exhibit 4) Katrina Bouthot, Group Health Trust Assistant Executive Director, Public Risk Management of Florida Paul Hebert, JD, Area Senior Vice President, Arthur J. Gallagher. Council Member moved to approve the renewal of Public Risk Management Group Health Insuranc seconded by Council Member . (Swma-P(O�nn. w - Olix DISCUSSION: The City's current premium structure for plan 0727 is $797.29 for employee only; $1990.46 for employee & spouse; $1591.62 for employee & children; and $2538.86 for employee & family. The City has paid out $110 for every $100 premium (approx. $67000) based on the months used for renewal rates. The PRM Members experienced a base rating increase of 4.7% effective 10/01/2019. With the City's claim experience rating being higher'than the average of 4.7%, the current PPO 0727 plan premium increase for FY 2019-20 is 6.7% or a $41,670 increase. Therefore, the renewal premium structure is as follows: $850.70 for employee only; an additional $1273.11 for spouse; an additional $847.55 for children; and an an additional-$1858.25 for family. e PorPUv�k du�,cn,� prU► -►oL) - CcPLb -Fj—,wd-mw Pfol�_w4t 91 W p r taaNke -aj) NSA&., &I S r VL& pry ry4tCA'L J bm (2- h., /ao,o - nu-K- '� 5�rn.enz , ,I (� AU 6_1�4 t\�o pAI-0 vim - f - A-ddvv r -__ (NA L cc.w� Uoc)[- rs - VOTE: WATFORD — YEA ABNEY — YEA J!OTION JARRIEL — YEA KEEFE — YEA Page 5 of 27 Pqa& 5a o-�-0`17 vva v'�-'- R. NEW BUSINESS CONTINUED B. Consider Planning Board consensus regarding Mobile Food Vendors - City Planning Consultant (Exhibit 5). b "U 4t _Lwij- `} 6 pd - Oij-bt� oja cd (U\- )-U- ) U1- VOTE: VIIATF RD - Y ABNEY —y&K \�,, /I'- JARRlk--Iiir YEA MOTION I Page 6 of 27 IX. NEW BUSINESS CONTINUED (.A.a) Motion to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1186 regarding Right -of -Way Abandonment Petition No. 19-002-SC — City Attorney (Exhibit 6). Council Member ML-moved to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1186 regarding Right -of -Way Abandonment Petition No. 19-002-SC; seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA .IARRIEL —YEA KEEFE —YEA —I-IIO ARRIE ---------------------------- C) Attorney to read proposed Ordinance No. 1186 by title only. _ Attorney Cook read proposed Ordinance No. 1186 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY BEING AN UNIMPROVED PORTION OF SOUTHEAST 4TH STREET (f/k/a AVENUE A) MORE PARTICULARLY DESCRIBED HEREIN; RESERVING UNTO THE C►-T-Y ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR CANAL MAINTENANCE; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE,' Motion to approve the first reading of proposed Ordinance No,-1186._ Council Member moved to approve the first reading of proposed Ordinance No. 1186; seconded by Council Member b) Public comments and discussion. �1Go4a-" Ou"Lflu mQ �� t✓ � C) Vote on motion. _ VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA --MOTION CARRIED:r Page 7 of 27 NEW BUSINESS CONTINUED 131.1.a) Motion to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1187 amending the Police Officers Pension Plan — City Attorney (Exhibit 7). Council Member ML moved to read by -title -only and" set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1187 amending the Police Officers Pension Plan; seconded by Council Member b'e b) Vote motion to read by title only and set final public hearin fate. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. c) Attorney to read proposed Ordinance No. 1187 by title only. Attorney Cook read proposed Ordinance No. 1187 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 888, A-S—SUBSEQUENTLY AMENDED; AMENDING SECTION 8, DISABILITY, AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; AMENDING SECTION 29, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1187. Council Member Al moved to approve the first reading of proposed Ordinance No h�4 A c) Vote on motion. 1187; seconded by Council Member ,�.,.� �.......... r , )�'1 �^-� • LAC - �l}��t.`�- �- t�'�,wk ,�.�� SkkLtaj� %cak4- lre� tA-Lt� LV VOTE: WATFORD — YEA JARRIEL — YEN - ABNEY — YEA KEEFE — YEA Page 8 of 27 OTION q1 IX. NEW BUSINESS CONTINUED E.1.a) Motion to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1188 amending the Firefighters' Pension Plan — City Attorney (Exhibit 8). Council Member , ov d to read by title on`Fy and -set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1188 amending the Firefighters' Pension Plan; seconded by Council Member ,— b) Vote on motion to read by title only and set final public hearing date. VOTE: WATFORD — YEA ABNEY — YEA CLAR — JARRIEL — YEA KEEFE — YEA OTION CARRIE . c) Attorney to read proposed Ordinance No. 1188 by title only. Attorney Cook read proposed Ordinance No. 1188 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 8, DISABILITY, AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; AMENDING SECTION 29, REEMPLOYMENT AFTER RETIREMENT, AMENDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 175 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING_ ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE." 2.af—'Motion to approve the first reading of proposed Ordinance No. 1188. Cc t�ncil Member dl�--moved to approve the first reading of proposed Ordinance No. 1188; seconded by Council Member � C b) Public comments and discussion. c) Vote on motion. VOTE: WATFORD — YEA JARRIEL — YEA ABNEY — YEA KEEFE — YEA Page 9 of 27 CLA — MOTION CARRIED. ' IX. NEW BUSINESS CONTINUED _ ---- - F.1.a) Motion to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1189 amending the General Employees' Pension Plan — City Attorney (Exhibit 9). Council Member I' L moved to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1189 amending the General Employees' Pension Plan; seconded by Council Member' b) Vote on motion to read by title only and set final public hearing date. VOTE: WATFORD — YEA ABNEY — YEA CL — Y-EA` ARRIEL — YEA KEEFE — YEA c) Attor ey to read proposed Ordinance No. 1189 by title only. _ Attorney Cook read proposed Ordinance No. 1189 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE GENERAL EMPLOYEES' RETIREMENT SYSTEM, RESTATED PURSUANT TO ORDINANCE 1141, IS HEREBY AMENDED; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 8, DISABILITY, AMENDING SECTION 16, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, REEMPLOYMENT AFTER RETIREMENT, 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 approve the first reading of proposed Ordinance No. 1189. Council Member moved to approve the first reading of proposed Ordinance No. 1189; seconded by Council Member ML b) Public comments and discussion. �u I1 C - vv-L'o4 �J � � r , LJ PC, _ w — tiN-(n�c c) Vote on motion. VOTE: - -- jWATFORD — YEA ABNEY — YEA .ARRIEL —YEA KEEFE — YEA OTION CARRIED. Page 10 of 27 IX. NEW BUSINESS CONTINUED G.1.a) Motion to read by title only and set August 6, 2019 as a final public hearing date for proposed Ordinance No. 1190 amending the General Employees' Pension Plan - City Attorney (Exhibit 40). - -- Council Member moved to read by title only and set August 6, 2019 as a final public heari ate for proposed Ordinance No. 119 mending the General Employees' Pension Plan; seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. _ VOTE: WATFORD --YEA--- v— ABNEY — YEA CLARf — - JARRIEL — YEA KEEFE — YEA N ARMED. c) Attorney to read proposed Ordinance No. 1190 by title only. Attorney Cook read proposed Ordinance No. 1190 by title only as follows: 'AN ORDINANCE-'UF-TFCL= CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE GENERAL_ EMPLOYEES' RETIREMENT SYSTEM, RESTATED PURSUANT TO ORDINANCE 1141; AMENDING PSECTION 6, BENEFIT.. AMOUNTS AND ELIGIBILITY; AMENDING SECTION 9, VESTING; PROVIDING FQR CODIFICATION; PROVIDING FOR SEVERAB/L/TY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE." 2.a)— Motion to approve the first reading of proposed Ordinance No, 1190. 1 Council Member � moved to approve the first reading of proposed Ordinance No Ij and discussion. 1190; seconded by C6uncil Membor A fin r ��L66 tT ` Q-M-AVICJA�e,40- tli4 but Lf Q� UD I (?�w c) Vote motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL—YEA KEEFE—YEA N CARRIED. � � - Page 11 of 27 IX. NEW �.USINESS CONTINUED H. Motion to adopt proposed Resolution No. 2019-06, providing for the Commercial Solid Waste Collection and Disposal Services and Rates for FY 2019/2020 — City Attorney (Exhibit 11). Council Member Kmoved to adopt proposed Resolution No. 2019-06, providing for the Commercial Solid Waste Collection and Disposal Services and Rates for FY 2019/2020; seconded by Council Member Attorney Codk read proposed Resolution No. 2019-06 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2019-2020; PROVIDING FOR CONFLICT; PROVIDINGFORSEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Y VOTE: WATFORD —YEA JARRIEL — YEA r ABNEY—YEA CLARK— KEEFE — YEA Of 10N C A R R I ED'�. i Page 12 of 27 aU.._ �q 6t4 Qu, IX. NEW BUSINESS CONTINUED I. Motion to adopt proposed Resolution No. 2019-07, amending the Code of Ordinances Appendix A, B, and C, providing for a Parking Reduction Application Fee - City Attorney (Exhibit 12). Council Member Yt ' -moved to adopt proposed Resolution No. 2019-07, amending the Code of Ordinances Appendix A, B, and C, providing for a Parking Reduction Application Fee; seconded by Council Member Attorney Cook read proposed Resolution No. 2019-07 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING RESOLUTION NO. 98-09, AS AMENDED, APPENDIX A OF THE CODE OF ORDINANCES, WHICH ADOPTS AND ESTABLISHES ADMINISTRATIVE FORMS FOR USE IN CONJUNCTION WITH THE LAND DEVELOPMENT REGULATIONS; PROVIDING SUBMITTAL REQUIREMENTS AND PROCESSING STANDARDS FOR APPLICATIONS FOR PARKING REDUCTION PETITIONS; CREATING FORM 18, PARKING REDUCTION PETITION; AMENDING RESOLUTION NO. 98-10, AS AMENDED, APPENDIX B OF THE CODE OF ORDINANCES WHICH °ADOPTS AND ESTABLISHES INFORMATION REQUIRED ON APPLICATION FORMS; PROVIDING STANDARDS FOR PARKING STUDY SUBMITTALS; CREATING INFORMATION ITEM NUMBER 1Z PARKING �,TUDY; AMENDING RESOLUTION NO. 98-11, AS AMENDED, APPENDIX C OF THE CODE OF �. ORDINANCES, SCHEDULE OF LAND DEVELOPMENT REGULATIONS FEES AND CHARGES; REQUIRING CERTAIN FEES FOR PROCESSING OF APPLICATIONS FOR PARKING REDUCTION PETITIONS; CREATING FEE SCHEDULE 20; AS SET FORTH AS ATTACHMENTS TO THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. rn c,1, a - U ti � Cvf h otu Ejq doA- 1 0-* � "�LeA- ktf . \off - -D-\Z- �� Low - VOTE: WATFORD — YEA ABNEY — YEA CLARK - YEA JARRIEL—YEA KEEFE —YEAMOTION CARRIED \ Page 13 of 27 X W4 tw- 4mr vt V�,L fn c -H 0 _l3a CF � � IX. NEW BUSINESS CONTINUED J. Motion to adopt proposed Resolution No. 2019-08, regarding Florida Department of Transportation Maintenance Agreement No� f E391 Landscaping, Renewal No. 2 — City Attorney (Exhibit 13). Council Member &nmoved to adopt proposed Resolution No. 2019-08, regarding Florida DeMint of Transportation Maintenance Agreem nt No. BE391 Landscaping, Renewal No. 2; seconded by Council Member -- -Ii Attorney Cook read proposed Resolution No. 2019-08 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MEMORANDUM OF AGREEMENT RENEWAL NO. 2, CONTRACT NO. BE391 WITH THE STATE OF_FLORIDA .___ __ __ DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE MAINTENANCE AND BEAUTIFICATION ALONG STATE ROADS 70 AND 15 WITHIN THE CORPORATE LIMITS OF THE CITY, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Administrator MontesDeOca briefly explained this Memorandum of Agreement Renewal No. 2 is the renewal to the existing Maintenance Contract No. BE391, which expires August 3, 2019. The renewal term for providing service under this Agreement shall be -a period of one year beginning August 4, 2019 and ending August 3, 2020. FDOT will reimburse the City three quarterly payments of $ and one quarterly payment of $ for a total amount of $ annually. VOTE: WATFORD — YEA JARRIEL — YEA ABNEY — YEA KEEFE — YEA Page 14 of 27 CLARK — YEA MoTr6N�a�RrEl�, IX. NEW BUSINESS CONTINUED, _ K. Motion to approve a recommendation from the Code Enforcement Special Magistrate to consider a release or reduction of lien in Case No. 15-013, 1105 SW 7th Avenue — Police Chief (Exhibit 14)r- Council Member moved to approve a recommendation from the Code Enforcement Special Magistrate to consider a elease or reduction f lien in Case No. 15-013, 1105 SW Th Avenue; seconded by Council MemberQ A — IX) w weed J\W-)4, 6,kj�N uu),-)V UV-) 00f f-�,rlapvd no f OV (0jD sej ((' -M& ®Qck� M h C' u a (° UtAL� VOTE: WATFORD—YEA ABNEY—YEA CLAR —YEA JARRIEL—YEA KEEFE—YEA ION CARRIED. i Page 15 of 27 IX. NEW BUSINESS CONTINUED L. Consider a request by the Chamber of Commerce of Okeechobee County for a modification Lease Agreement — Administrator. �. s �T 6 e/V A e MC) 4-1-�-o 11 — vnrE. i. WATFORD - YEA ABNEY- YEA CLARK - YEA ARRIEL — YEA KEEFE — E�Y A OTION A i Page 16 of 27 I to the Extension of IX. NEW BUSINESS CONTINUED M. Motion to approve the maximum millage rate for advertisement for 2019 Tax Notices, 8.9932 for budget year 2019/2020 — Finance Director (Exhibit 15). Council Member fitmoved to approve the maximum millage rate for advertisement for 2019 Tax Notices, 8.9932 for budget year 2019/2020; seconded by Council Member N.. I T�� Ca d hq n `A CtAl, 9'01 cf I ULO ' Cup �-►� v� jzwo LQ--acv� LQ- yr, n e-cwt LAAa ryiay-- mv. , cv-oxo(o)�6 mi `— s4--a acoi `mac , 5 0 6XLA6D�6 1Z a" V VOTE: WATFORD - YEA _ ABNEY-YEA CLARK - U4 JARRIEL KEEFE-10 MOTION{i r �.de N. Motion to approve the 2019-2020 Budget Preparation and Millage Calendar setting workshop(s) to be held August 6, 2019 at 5:00 p.m., August 20, 2019 at 5:00 p.m. (if needed) —,First Public Hearing September 3, 2019 at 6:00 p.m., and Final Public Hearing September 17, 2019 at 6:00 p.m., all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, Floridaa — Finance Director (Exhibit 16). - Council Member h r moved to approve the 2019-2020 Budget Preparation and Millage Calendar setting workshop(s) to be held August 6, 2019 at 5:Q0 rn., August 2D,-LO19 at5& p.m. Lc eeded), First Public Hearing September 3, 2019 at 6:00 p.m., and Final Public Hearing September 17, 2019 at 6:00 p.m., all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, F lorida; seconded by Council Member DA WATFORD — YEA JARRIEL--f�..C- VOTE: ABNEY-YEA KEEFE - _� KV Page 17 47 CLARK MOTION -tav( gt(?^- tYlofiol. CQmal IX. NEW BUSINESS CONTINUED ---- -- 0. Motion to approve an Agreement with Okeechobee Christian Academy for the School Resource Officer Program — City Attorney (Exhibit 17). 11 C�,��.� 'b" , t� Council Memberl\klmoved to approve an A re e ent with Okeechobee Christian Academy for the School Resource Officer Program; seconded by Council Member WATFORD — YEA ABNEY — YEA JARRIEL — YEA KEEFE — YEA Page 18 of 27 IX. NEW BUSINESS CONTINUED P. Motion' to approve additional repairs to the Fire Department Ladder Truck in the amount of $70,819.89 —Fire Chief (Exhibit 18). Council Memper/ML moved to approve ad itional repairs to the Fire Department Ladder Truck in the amount of $70,819.89; se' onded by Council Member P jP_ U �d- Op (tiL+ h 6-Z . (WIDbW t OJUA4,6 PAS - 1 h6W I c hcu_& CLq_ Kc& (4 ? I ors r � ��? � 1►�:I. � �� a fete e� wk �t 0-\U VOTE. WATFORD —YEA ABNEY — YEA C — JARRIEL — YEA KEEFE — YEA ;` OTION CARRIED. 2 Q. Motion, to approve ratification of sole source purchase from JMC Landscaping Services in the amount of $24,800.00 for landscaping — Administrator and Public Works Director (Exhibit 19). Council Member k&Moved to approve ratification of sole source purchase from JMC Landscaping Services in the amount of $24,800.00 f r la scaping; seconded by Council Member Y� . ExA— TwL n Qw VOTE: WATFORD — YEA JARRIEL — YEA i ABNEY — YEA KEEFE — YEA �MOTI=NCAR�RIED Page 19 of 27 �. � Y,��,� 11 �� i'}S"�6� its. �l /�" l � tj�'Ll.. ii �� Q o�,�. }G a o� 31 IX. NEW BUSINESS R. Motion to approve FY 2018/19 Amended Budget — Administrator and Finance Director (Exhibit 20). Council Member moved to approve the FY 2018-19 Amended Budget; seconded by Council Memberpro Yaz -,Yp A, t - 'a VOTE: WATFORD — YEA ABNEY - YEA C R = YE sA JARRIEL—YEA KEEFE—YEA TION CARRIE . Page 20 of 27 IX. NEW BUSINESS CONTINUED S. Moo ' to approve the renewal of City Administrator Contract - Mayor (Exhibit 21). Council Membermoved to approve the renewal of City Administrator Contract; CLO-pk-7 VO E:� AT D -r YEA NEY — E �OTIO�ARR }}ARR YEA KEEF IED': \V O Page 21 of 27 -- `-w--� IX. N LUSINESS CONTINUED T. Discussion regarding the City Fire Department - Council Member Jarriel. kL i r Cok 6'k q4� Gv'C -,dc)C& �s ai- 4 -k�o-�: cmd--& At T�dcaua. h.i. UOlou.44 . u,�!�, ryl N 't W7 e av�-L;N- �tm'5)q A " � d�—V/ t -L K► ►� n - -ice►\��i"a��► [ �.!,:,+�`!��°��;i:��'�._ '-c�► a� _ •..- p �a �- � � Q \� voiles S - ea 1 � � � � �G►�@�� ISO v J Cot, CY ,CCL ffi Y ( bfu,3 .. y��t. M�w X. COUNCIL COMMENTS A. Mayor Watford Page 23 of 27 X. COUNCIL COMMENTS B. Council Member Abney i X. COUNCIL COMMENTS Page 25 of 27 E. L COMMENTS Council Member Keefe XI. ADJOURNMENT - Mayor ,�- There being no further items on the agenda, Mayor Watford adjourned the meeting at P.M. Page-27-of-27 4 �AN EA.,, NaAMIOT In Recognition of your 30 Years of Service, Hard Work, and Dedicatio to the City, its citizen, and your fellow employ( from July 14, 1989 through July 14, 2 Presented on this 16th day of ,uly, 2019 on behalf of the Mayor and City Council for the City of Okee Dowling ATTEST: Bo Run: 7/02/19 7:31AM Check Dates Number Date Page: 1 City of Okeechobee Check Register 6/01119 thru 6/30/19, Cash Account 001-101.2100 only, Including Reconciled Checks Amount Vendor Payee Voided 39887 6/03/19 2,021.43 CSTC Celeste Watford Tax Collector 39888 6/05/19 117,983.00 PAYR City Of Okeechobee Payroll Account 39889 6/06/19 16.82 CL - LD Centuryl-ink 39890 6/06/19 16.92 PETT City Of Okeechobee - Petty Cash 39891 6106/19 48.93 COMCAST Comcast 39892 6106/19 350.00 FMMA Florida Municipal Attorneys Association 39893 6/06/19 77.00 FS Fred Sterling 39894 6/06119 259.47 HAYT Hayt, Hayt & Landau 39895 6/05119 77,00 JB Justin Bernst 39896 6/06/19 200.00 MD Mark Dupree 39897 6/06/19 56,992.02 PRMG1 PRM - Health Insurance 39898 6/06/19 2,434.96 PRMG3 PRM - Life, LTD & STD 39899 6/06/19 1,508.64 PRMG3 PRM - Life, LTD & STD 39900 6106/19 2,060.62 PRMG2 PRM - Vision & Dental 39901 6106/19 77.00 ROGERAZCRoger Azcona, Esq. 39902 6/06/19 100.00 SCGR Scott Grace 39903 6/06/19 467.65 STATE FL State of Florida Disbursement Unit 39904 6/06119 400.00 THOMAS Thomas Ardito 39905 6/06119 324.63 VERI Verizon Wireless 39906 6106119 538.25 PAYR City Of Okeechobee Payroll Account 39907 6/07/19 47.25 BOA7 Bank of America - 0421 H Smith 39908 6107/19 1,022.49 BOA4 Bank of America - 0752 fka 9846 FD 39909 6107119 1,122.66 BOAPW Bank of America - 2303 fka 9233 PW 39910 6/07/19 1,954.44 BOAADMIN Bank of America - 2709 fka 0257 Admin 39911 6/07/19 255.72 BOAl2 Bank of America - 7178 fka 6737 PD#2 39912 6107/19 1,276.91 BOA2 Bank of America - 8540 39913 6/07119 201.87 BOA11 Bank of America 3373 fka 2149 PD#1 39914 6/07119 29.99 BOA-BERN Bank of America-3135 Bernst 39915 6/07/19 5,270.00 THST The Standard 39916 6/14/19 85.00 ACEP ACE Pest Control, Inc. 39917 6114/19 225.00 ABACUS Abacus Elevator Consulting & Inspection, 39918 6/14119 6.00 AMERD American Drilling Services, Inc. 39919 6114/19 16.56 AUTO SUP Auto Supply of Okeechobee, Inc. 39920 6/14/19 75.00 BOES Bureau of Elevator Safety 39921 6/14/19 79.65 C&C C&C Industrial Enterprise. LLC 39922 6114/19 527.00 CASGSLLCCAS Governmental Services, LLC 39923 6114/19 234.24 CTFS CIT Technology Finance Service, Inc. 39924 6114/19 211.00 CTFS CIT Technology Finance Service, Inc. 39925 6114119 39.25 CTFS CIT Technology Finance Service, Inc. 39926 6114/19 2,800.00 CRI Carr, Riggs & Ingram, LLC 39927 6/14/19 107.61 COMCAST Comcast 39928 6/14/19 13,816.57 EFEC Everglades Farm Equip. Co., Inc. 39929 6114/19 53.89 FEDE FedEx 39930 6/14/19 378.75 GCB Gilbert Oil Company, Inc. 39931 6/14/19 68.87 GILOUT Gilbert Outdoors 39932 6114JI9 2,200.00 GMI Global Mapping, Inc. 39933 6/14/19 792.00 HARRIS Harris Corporation 39934 6114/19 2,080.00 ICS I.C.S. Computers Inc. 39935 6/14119 1,156.79 I.M. I.M.S. EO Ee Run: 7/02119 Page: 2 7:31AM City of Okeechobee Check Register Check Dates 6/01/19 thru 6/30/19, Cash Account 001-101.2100 only, Including Reconciled Checks Number Date Amount Vendor Payee 39936 6114/19 668.16 IRSC Indian River State College 39937 6114/19 3,500.00 LARU LaRue Planning & Mngmnt Services, Inc. 39938 6114/19 164.32 LANDSCAP Landscape Products, Inc. 39939 6/14/19 914.94 MTSSOFTVWITS Software Solutions 39940 6/14119 600.00 MAPA Michael Adelberg, PA 39941 6/14/19 283.00 MSFE Mid State Fire Equipment, Inc. 39942 6/14/19 8.99 OREI O'Reilly Auto Parts 39943 6/14/19 1,811.28 SQC Scott's Quality Cleaning 39944 6/14/19 388.50 STLC St. Lucie Battery & Tire 39945 6/14I19 71.00 SUPP Supplyline 39946 6/14/19 90.38 TAYR Taylor Rental - Okeechobee 39947 6/14/19 148.14 TUPS The UPS Store #5684 39948 6/14/19 210.00 TOTAL Total Fitness 39949 6114/19 3,542.88 TRS Total Roadside Services, Inc. 39950 6/14/19 50.00 TRANSU TransUnion Risk & Alternative Data 39951 6/14119 2,606.00 TCMA Treasure Coast Medical Associates 39962 6/14/19 63.55 W&WL W & W Lumber Company of Okeechobee 39953 6/14/19 5,306.23 WEXB WEX Bank 39954 6/14/19 31,239.46 WAST Waste Management Inc. of Florida 39955 6/19/19 115,714.82 PAYR City Of Okeechobee Payroll Account 39956 6/20119 400.00 ASBE Ashton Benet 39957 6/20/19 118.49 CTFS CIT Technology Finance Service, Inc. 39958 6/20/19 133.04 COMCAST Comcast 39959 6/20/19 35.00 FGFO FGFOA 39960 6/20119 259.47 HAYT Hayt, Hayt & Landau 39961 6/20/19 3,645.33 HOME Home Depot Credit Services 39962 6/20/19 115.08 MON ICACL Monica Clark 39963 6/20/19 1,128.61 OKEENEWS7keechobee News c/o Independent Newspape 39964 6/20/19 1,024,79 OUA Okeechobee Utility Authority 39965 6/20/19 168.00 SPRINT Sprint 39966 6120119 467.65 STATE FL State of Florida Disbursement Unit 39967 6/20/19 200.00 THOMAS Thomas Ardito 39968 6/20119 400.00 TRNE Trevor Nelson 39969 6/20/19 234.79 USB US Bank Equipment Finance 39970 6128/19 450.00 ALER Alert -All Corp. 39971 6/28/19 649.36 AFLAC American Family Life Assurance Co. 39972 6/28/19 60.00 APEXPCI Apex Pest Control, Inc. 39973 6/28/19 25.26 AUTO SUP Auto Supply of Okeechobee, Inc. 39974 6128/19 656.29 AVENU Avenu 39975 6128/19 82.83 BRGR Brandon Griesemer 39976 6/28119 211.00 CTFS CIT Technology Finance Service, Inc. 39977 6128/19 82.83 CHTR Chad Troutman 39978 6/28/19 163.22 CITY City Electric Supply Co. 39979 6/28/19 36.00 CF CH City of Okeechobee - CH Coffee Fund - Ca 39980 6/28/19 600.00 CF PD City of Okeechobee - PD Coffee Fund - Ca 39981 6/28/19 238.20 CLOSEPOVClose Power 39982 6128/19 153.04 COMCAST Comcast 39983 6/28119 97.50 CII Communications International, Inc. 39984 6/28119 960.00 CUSTOMSI Custom Sights & Sounds Voided N (7 Run: 7/02/19 Page: 3 7:31AM City of Okeechobee Check Register Check Dates 6/01/19 thru 6130/19, Cash Account 001-101.2100 only, Including Reconciled Checks Number Date Amount Vendor Payee Voided 39985 6/28/19 171.41 EMCN EMC National Life Company 39986 6/28/19 24.00 FIR Fire Engineering 39987 6/28/19 300.00 FLOC Florida League Of Cities 39988 6/28/19 2,760.44 FPL Florida Power & Light Company 39989 6/28119 35.00 HPC Highland Pest Control 39990 6/28119 5,163.65 ICS E.C.S. Computers Inc. 39991 6/28/19 225.00 IAFC International Association of Fire Chiefs 39992 6/28/19 6,200.00 JCNEW JC Newell Const. Inspect. Services, Inc. 39993 6/28/19 35.00 JAMESSHAJames Shaw 39994 6/28/19 3,915.53 JOHN John R. Cook 39995 6128/19 82.83 JB Justin Bernst 39996 6/28119 35.00 KARB Karyne Brass 39997 6/28/19 82.83 KELLEY Kelley Margerum 39998 6/28/19 77.75 LEGAL SH LegalShield 39999 6/28/19 35.00 LEMC Les McCreary 40000 6/28/19 238.41 LIBERTY Liberty National Life Ins, Co. 40001 6/28/19 82.83 LUESROJA Luis Rojas 40002 6/28/19 35.00 MLJ Mac L Jonassaint 40003 6/28119 950.00 MCC Municipal Code Corporation 40004 6128/19 219.99 OREI O'Reilly Auto Parts 40005 6128119 65.90 OKAR Okeechobee Army Surplus 40006 6128119 300.00 OAPI Okeechobee Auxiliary Police, Inc. 40007 6128/19 6,086.72 OKCO Okeechobee County - BOCC 40008 6/28/19 240.00 OKFI Okeechobee Fitness Center 40009 6/28/19 90.00 OC Orthopaedic Care Specialists 40010 6/28119 35.00 PHBA Philip Baughman 40011 6/28119 148.04 PF&PO Prof. Firefighters & Paramedics of Okee 40012 6128119 37.40 RABON Rabon's Country Feed 40013 6/28119 209.24 ROBJ Robert Jarriel 40014 6/28119 209.24 ROKE Robert Keefe, Jr. 40015 6/28119 350.00 STAM STAMM Manufacturing 40016 6/28119 10,816.32 SATC Salem Trust Company 40017 6/28/19 74,888.14 SATC Salem Trust Company 40018 6128/19 25.00 SUP Superior Water Works, Inc. 40019 6128/19 57.50 SUPP Supplyline 40020 6/28119 252.95 TAYR Taylor Rental - Okeechobee 40021 6/28119 23.84 TUPS The UPS Store #5684 40022 6128119 78.16 TR Thomson Reuters 40023 6/28119 79.00 THRE Thread Works Embroidery, LLC 40024 6/28/19 249.61 TIZO Tire Zone of Okeechobee, Inc. 40025 6/28/19 181.27 TYLAN Tylander's Office Solutions 40026 6/28119 340.94 UNFC UniFirst Corp 40027 6/28/19 20.00 UNWA United Way 40028 6/28119 2,110.00 VANT ICM Vantage Transfer Agents - 457 40029 6128119 71.72 W&WL W & W Lumber Company of Okeechobee 40030 6/28/19 527.41 WALMART Walmart Community/GECRB 40031 6128119 1,938.00 WRM World Risk Management Total Printed 145 Checks _ 521,356.35 C Run: 7102119 Page: 1 7.32AM City of Okeechobee Check Register Check Dates 6/01/19 thru 6130/19, Cash Account 301-101.2100 only, Including Reconciled Checks Number Date Amount • Vendor Payee Voided 3057 6/07119 1,518.47 BOAPW Bank of America - 2303 fka 9233 PW 3058 6114/19 317.50 AMERD American Drilling Services, Inc. 3059 6114/19 143.10 C&C C&C Industrial Enterprise. LLC 3060 6/14/19 240.05 DIAMONDRDiamond R Fertilizer Co., Inc. 3061 6/14/19 85.34 TAYR Taylor Rental - Okeechobee 3062 6/14/19 48.39 W&WL W & W Lumber Company of Okeechobee 3063 6/20119 6,007.72 FPL Florida Power & Light Company 3064 6/20119 204.16 HOME Home Depot Credit Services 3065 6/28119 352.78 DIAMONDRDiamond R Fertilizer Co., Inc. 3066 6/28119 6,298.00 ENFL Ennis Flint 3067 6/28119 2,650.00 JMCL JMC Landscaping Services, Inc. 3068 6/28/19 8,645.00 TDLT Temple Display, LTD Total Printed 12 Checks 24,510.51 (7 Run: 7/02/19 Page: 7:32AM City of Okeechobee Check Register Check Dates 6/01/19 thru 6130/19, Cash Account 304-101.2100 only, Including Reconciled Checks Number Date Amount Vendor Payee 1730 6/14/19 17,997.96 MES Municipal Emergency Services 1731 6/28119 60.00 GDII Graphic Designs Int'I, Inc. 1732 6/28/19 2,450.51 PAWA Park Warehouse LLC Total Printed 3 Checks 20,508.47 1 Voided CITY OF OKEECHOBEE PAY TYPE DEPT HOURS RATE CURRENT YTD DED TYPE CURRENT YTD EXCTV 0.0 0.00 NTH US IN 0.0 750.00 750.00 =ICA A Cell Reimt 0.0 0.00 FICA B AL -EXEC 0.0 0.0000 0.00 0.00 IRET. 0.00 SL EXTV 0.0 0.00 0.00 I 0.00 0.00 0.00 0.00 0.00 0.00 0.00 COMMENTS: CURRENT YTD TAXES CURRENT YTD ACCRUED LEAVE HOURS EARNINGS 750.00 FICA VACATION FED W/H 65.60 PERSONAL / SICK DEDUCTIONS 0.00 NET PAY p� pKEfCy SunTrust Bank 63-215 Okeechobee Office City of Okeechobee 55 SE 3rd Avenue ` '�`" s31 V . m 815 South Parrott Avenue Okeechobee, FL 34974 :: �- _: Okeechobee, FL 34974 DATE P JUL 15,2019 �OR10 PAY *'* Six Hundred Twenty Seven and 02/100 Dollars * "` TO THE ORDER OF: STEPHANIE GAMIOTEA n 20928 AMOUNT $627.02 Exhibit 1 July 16, 2019 RESOLUTION NO.2019-04 A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL, AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on July 16, 2019, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law; and WHEREAS, Florida Statutes Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating and apportioning solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, Ordinance No. 784, Section 2.08 thereof requires that prior to the adoption of an annual rate Resolution that the City must enact a preliminary rate Resolution, which includes the requirement of the City Administrator for the City of Okeechobee to prepare an updated assessment roll; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2019, and said assessment is a non -ad valorem assessment. NOW, THEREFORE, be it resolved 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: AUTHORITY. This Resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197, and other applicable provision of law. SECTION 2: PURPOSE AND DEFINITIONS. This Resolution constitutes a preliminary rate Resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specific parcel or building. c. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3: DESCRIPTION OF SERVICES. Resolution No. 2019-04 - Page 1 of 2 The services, facilities and programs to be provided to the citizens of the City of Okeechobee for solid waste collection for the upcoming Fiscal Year include the continuation of a franchise with a solid waste company acceptable to the City for the provision of such services; for such company to provide the labor and equipment necessary to fulfill solid waste services; to provide receptacles for collection; to provide for scheduled and emergency pick up services; to provide for pick-up of white goods, trash and yard debris; and such other services customarily associated with such franchise services. SECTION 4: SOLID WASTE ASSESSED COSTS AND ESTIMATED RATES. It is determined that the solid waste assessed costs to be assessed for the upcoming Fiscal Year is the estimated sum of $421,189.20 and that this cost will be apportioned among customers at an estimated assessment rate for the upcoming Fiscal Year in the annual sum of $237.96 SECTION 5: UPDATING ANNUAL ASSESSMENT ROLL. That the City Administrator is directed to prepare an updated assessment roll for the Fiscal Year ending September 30, 2020, in the manner provided for in Ordinance No. 784. The updated assessment roll shall be certified on a compatible electronic medium with that of the Tax Collector, and shall post the non -ad valorem assessment for each parcel on the roll, to be presented to the City Council for adoption at an annual rate resolution, which shall be certified to the Tax Collector before September 15 of the current year. The City Council may make corrections or alterations to the roll up to 10 days prior to certification to the Tax Collector. SECTION 6: PUBLIC HEARING. The City Council authorizes and sets for public hearing the adoption of the annual assessment roll pursuant to Ordinance No. 784, Section 2.08, to receive public comment pertaining to adoption of the annual assessment roll on the following date and time, which shall be duly published by the City Clerk for the City of Okeechobee, Florida, to -wit: DATE: Tuesday, July 16, 2019 TIME: 6:00 p.m., or as soon thereafter as can be heard. PLACE: City Hall, 55 S.E. 3rd Avenue, Room 200, Okeechobee, Florida. The City Clerk is further directed to provide any supplemental or additional notice of adoption of the annual assessment roll as may be deemed proper, necessary or convenient to the City. SECTION 7: CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 8: SEVERABILITY. That if any portion of this Resolution should be judicially determined to be unenforceable, and then the balance thereof shall continue to remain in full force and effect. SECTION 9: EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED at a Public Hearing held this 16th day of Jam, 2019. ATTEST: Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Resolution No. 2019-04 - Page 2 of 2 Exhibit 2 July 16, 2019 RESOLUTION NO.2019-05 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2019- 20; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a Public Hearing on July 16, 2019, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law; and WHEREAS, Florida Statutes Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2019, and said assessment is a non -ad valorem assessment; and WHEREAS, the City has previously adopted a preliminary rate Resolution for Fiscal Year 2019-20 which adopted an estimated assessment rate, and which set the matter for public hearing this date to consider adoption of the annual assessment. NOW, THEREFORE, be it resolved 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: AUTHORITY. This Resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. SECTION 2: PURPOSE AND DEFINITIONS. This Resolution continues an annual rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specified parcel or building. c. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. Resolution No. 2019-05 - Page 1 of 3 SECTION 3: SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL. a. It is hereby ascertained, determined and declared that continued imposition of an annual Solid Waste Assessment consistent with the maximum Assessment Rate schedule in Section 2.08 of Ordinance No. 784, and Resolution No. 01-08, and also as adopted as the preliminary rate resolution for Fiscal Year 2019-20 adopted by the City Council at a duly advertised hearing continues to be a fair reasonable method of allocating waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida. b. That the City Administrator has caused to be prepared the assessment roll for the Fiscal Year beginning October 1, 2019, and ending September 30, 2020, in the manner provided for in Ordinance No. 784. The solid waste collection and disposal cost for which the solid waste collection and disposal assessment is intended to pay is $421,189.20. The cost shall be apportioned among the parcels of real property within the incorporated area of the City of Okeechobee, Florida as reflected on the assessment roll. c. It is hereby ascertained, determined, and declared that based upon the findings set forth in paragraph (a) and the solid waste collection and disposal cost described in paragraph (b), the Rate of Assessment for the 2019-20 Fiscal Year as set forth in Appendix A and attached hereto and incorporated herein to continue an increase in the Assessment Rate included in any notice previously provided to owners of assessable property pursuant to Ordinance No. 784, Resolution 01-8, and Chapter 197 Florida Statutes. d. That the Solid Waste Collection Assessment Roll as presented by the City Administrator is hereby approved and adopted for the 2019-2020 Fiscal Year, and the chair of the local governing board being the Mayor for the City of Okeechobee, Florida or his designee, shall certify this non -ad valorem assessment roll on compatible electronic medium to the Tax Collector for Okeechobee County, Florida by September 15, 2019, which roll shall contain the posting of the non -ad valorem assessment for each parcel. SECTION 4: ESTABLISH MAXIMUM RATE OF ASSESSMENT. That the rate of assessment set forth in Appendix A for the year 2019 is adopted as the rate of assessment for the 2019-20 Fiscal Year. The City of Okeechobee, through the chair or his or her designee, reserves the right to make such alterations to the assessment roll for up to ten days prior to such certification if errors or omissions are discovered in the roll. SECTION 5: CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 6: SEVERABILITY. That if any portion of this Resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 7: EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED during a Public Hearing held this 16th day of Jam, 2019. ATTEST: Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Resolution No. 2019-05 - Page 2 of 3 Appendix A The assessments will be computed by multiplying the rate of assessment by, the number of dwelling units for residential property uses. A single unit will be assessed on the following schedule: The amount to be levied in the year 2019: $237.96 The maximum amount to be levied in the year 2020: $249.86 The maximum amount to be levied in the year 2021: $262.35 The maximum amount to be levied in the year 2022: $275.47 The maximum amount to be levied in the year 2023: $289.24 The maximum amount to be levied in the year 2024: $303.70 = - The maximum amount to be levied in the year 2025: $318.89 The total annual revenue to be collected by this assessment for FY 2019-20 is: $421,189.26,, The estimated total annual revenue to be collected by this assessment for FY 2020-21: '' $442,252.20____ The estimatedlotal-annual revenue to be collected by this assessment for FY 2021-22: $464,359.50 — — — The estimated total annual revenue to be collected by this assessment for FY 2022-23:-__, $487,581.90 The estimated total annual revenue to be collected by this assessment for FY 2023-24: $511,954.80 The estimated total annual revenue to be collected by this assessment for FY 2024-25: $537,549.00 The estimated total annual revenue to be collected by this assessment for FY 2025-26: $564,435.30 Resolution No. 2019-05 - Page 3 of 3 INDEPENDENT NEWSMEDIA INC. USA 1� 20toInunuk Lake Okeecho k. cor"y 107 SW 17th Street, Suite D Okeechobee, Florida 34974 Abf 863-763-' STATE OF FLORIDA 44" COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee Cou Florida, that the attached sty, copy of advertisement being a s'tiljzc Iyc-� cCs � p in the matter of .,' L ;+ t 1v� CL> -'� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake 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 publication in the said newspaper. Katrina Elsken Sworn to and d subscribed before me this day of 1�k i ,; �J � AD Notary Public, State of Florida at Large ..�nCiS o5 W N•' •.r�;!' ANGIE BRIDGES • MYGOMMISSION#FF970149 AW A; EXPIRMAP4120,2020 '• Bonded 71vu Notary PuW Undenv bm Gig i CITY OF OKEECHOBEE NOTICE OF PUBLIC HEARING. TO CONTINUE IMPOSITION AND PROVIDE FOR SOLID WASTE COLLECTION SPECIAL ASSESSMENTS PURSUANT TO FLORIDA STATUTES 197.3632, NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee, Florida, will. conduct a Public Hearing to consider continuing the imposition of.annual solid waste collection special assessments for the provision of residential solid waste collection and disposal services within the incorporated area of the City of Okeechobee, Florida. The Hearing will be held at 6:00 p.m., or as soon thereafter as possible, on Tuesday, July 16, 2019 in the Council Chambers, City Hall, 55 SE 3rd Avenue, Okeechobee, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear. at the hearing and to file written objections with the City Council within twenty (20) days of this notice. If a person decides to appeal any decision made by the City Council with respect to any matter considered at the hearing, such person will need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is based. City Clerk media are for the sole purpose of backup for official records of the Clerk. In accordance with -the Americans with Disabilities Act (ADA) of 1990 persons needing special accommodation to participate in this proceeding should contact the City Clerk's Office. at 863-763-3372 for assistance. Copies of the Solid Waste Collection, Disposal and Assessment Ordinance No.. 784 and all subsequent Assessment Resolutions are available for inspection at the Office of the City Clerk located at City Hall, 55 SE 3rd Avenue, Room 100, Okeechobee, Florida, Monday to Friday, 8:00 a.m. to 4:30 p.m. except holidays. The assessments are a non -ad valorem assessment and will be collected by the Tax Collector in the same manner as your ad valorem tax bill, to be mailed in November 2019, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property, which may result in a loss of title. By: Dowling R. Watford, Jr., Mayor Attest: City Clerk Lane Gamiotea, CMC Proposed Resolutions No. 2019-04 and 2019-05, P a "a 9 Exhibit 3 July 16, 2019 ORDINANCE NO. 1185 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, AMENDING SECTION 66-1, REVISING DEFINITIONS OF PAWNSHOP, SERVICE- PERSONAL, AND SERVICE- RETAIL; PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING, ARTICLE III -DISTRICT AND DISTRICT REGULATIONS, DIVISION 6-COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90-223 SPECIAL EXCEPTION USES, AMENDING ITEM (2) AND ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 7-LIGHT COMMERCIAL DISTRICT, SECTION 90-253 SPECIAL EXCEPTION USES, ADDING ITEM (23) PAWNSHOP; AMENDING DIVISION 8-HEAVY COMMERCIAL DISTRICT, SECTION 90-282 PERMITTED USES, ADDING ITEM (19) PAWNSHOP; AMENDING DIVISION 9-CENTRAL BUSINESS DISTRICT, SECTION 90-312 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT TO ITEM (3) RESTAURANT, CAFE AND BAR TO ITEM (6) PRIVATE CLUB, NIGHTCLUB; AMENDING SECTION 90-313 SPECIAL EXCEPTION USES, ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 10-INDUSTRIAL, SECTION 90-342 PERMITTED USES, TO INCLUDE RESTAURANT, TAKE-OUT RESTAURANT TO ITEM (23) CAFE, ADDING ITEMS (34) PAWNSHOP AND (35) BAR; AMENDING DIVISION 12-MIXED-USE PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 90-402 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT, CAFE TO ITEM (10) RESTAURANT, BAR TO ITEM (14) PRIVATE CLUB, NIGHTCLUB, AND ADDING ITEM (27) PAWNSHOP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations in order to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the Code a more consistent and easier to understand document; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 19-001-TA, at a duly advertised Public Hearing held on June 20, 2019, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. 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 Officer for the City; that: SECTION 1: Amendment and Adoption to Section 66-1. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Chapter 66-General Provisions, Section 66-1 Definitions as follows: Pawnshop means an establishment where items may be bought outright or left as collateral in order to borrow money' and which those same items may be sold. Service, personal, means an establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, Ordinance No. 1185 - Page 1 of 6 Language to be added is underlined. Language to be deleted is ckaekikreugh. clothes cleaning and repair, nail care, pawnshop, reducing salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale. Service, retail means a , printer, pawnshop, dance or music studio, pet shop, , and similar establishments. SECTION 2: Amendment and Adoption to Section 90-223. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III -District Regulations, Division 6- Commercial Professional and Office District, Section 90-223 Special Exception Uses as follows: Section 90-222. - Permitted uses. Subject to the limitations that no retail sales, or display or storage of merchandise, and no manufacture or mechanical repair work shall be permitted, and no trucks larger than three-quarters ton capacity shall be used, the following principal uses and structures are permitted in the CPO district: (1) Professional office, business office, medical office. (2) Funeral home. (3) Storefront church located in a unit in a multi -use building or shopping center. Sec. 90-223. - Special exception uses. The following uses and structures are permitted in the CPO district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Day care center. (2) Personal serviced a Gept pawn shops, and dry cleaning on premises. (3) Cafe. (4) Business school. (5) Private club. (6) House of worship. (7) Public facility and use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height. (10) Adult family care homes, assisted living facility as defined in F.S. § 429.02(5). (11) Free-standing drive -up ATM which is owned and operated by a bank or other financial institution with an office located Okeechobee County. (12) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. Pawnshop. SECTION 3: Amendment and Adoption to Section 90-253. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III -District Regulations, Division 7- Light Commercial District, Section 90-253 Special Exception Uses as follows: Sec. 90-252. - Permitted uses. The following principal uses and structures are permitted in the CLT district: (1) Professional office, business office, medical office. (2) Retail store, retail service. (3) Personal service. (4) Craft studio. (5) Storefront church located in a unit in a multi -use building or shopping center. (6) Pet grooming. (7) Convenience store. (8) Medical marijuana dispensary as defined and regulated in F.S., § 381.986. Sec. 90-253. - Special exception uses. The following uses and structures are permitted in the CLT district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Restaurant, take-out restaurant, cafe. (2) Dry cleaner/laundry, Laundromat. (3) Private club, nightclub, and bar. (4) Business school. Ordinance No. 1185 - Page 2 of 6 Language to be added is underlined. Language to be deleted is slraokdkreugp. (5) Radio, television or cable reception, transmission or operational facilities. (6) Commercial indoor recreation. (7) Commercial parking garage or lot, taxistand. (8) Outdoor vehicle sales lot. (9) House of worship. (10) Marina, dock, pier. (11) Enclosed storage. (12) Public facility or use. (13) Public utility. (14) Permitted uses in excess of 45 feet in height. (15) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. (16) Group home. (17) Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5). (18) Nursing homes. (19) Taxidermist. (20) Free-standing drive -up ATM which is owned and operated by a bank or other financial institution with an office located in Okeechobee County. (21) Alcohol and drug rehabilitation center/detox center. (22) Recovery center/sober home. Pawnshop. SECTION 4: Amendment and Adoption to Section 90-282. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III -District Regulations, Division 8- Heavy Commercial District, Section 90-282 Permitted Uses as follows: Sec. 90-282. - Permitted uses. The following principal uses and structures are permitted in the CHV district: (1) Professional office, business office, medical office. (2) Retail service, retail store including outdoor display of merchandise. (3) Restaurant, take-out restaurant, cafe. (4) Personal service. (5) Dry cleaner/laundry, Laundromat. (6) Funeral home. (7) Hotel, motel. (8) Private club, nightclub and bar. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (14) Taxidermist. (15) Pet grooming. (16) Convenience store. (17) Indoor auction house. (18) Medical marijuana dispensary as defined and regulated in F.S. 381.986. Pawnshop Sec. 90-283. - Special exception uses. The following uses and structures are permitted in the CHV district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Drive -through service. (2) Auto service station, car wash. (3) Wholesale, warehouse not including bulk storage of flammable liquids. (4) Enclosed warehouse and storage. (5) Outdoor sales and storage, building trades contractor. (6) Flea market. (7) Mechanical and repair services. (8) Commercial outdoor recreation. (9) Veterinary service. (10) Crematory. (11) Marina, dock, pier. (12) Recreational vehicle park, for transient recreation use. Ordinance No. 1185 -Page 3 of 6 Language to be added is underlined. Language to be deleted is WWI; through. (13) Radio, television or cable reception, transmission or operational facilities. (14) Public facility or use. (15) Public utility. (16) Permitted uses in excess of 45 feet in height. (17) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. (18) Outdoor vehicle sales lot. (19) House of worship. (20) Hospitals, which means in patient hospital care. (21) Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5). (22) Nursing homes. (23) Free-standing drive -up ATM which is owned and operated by a bank or other financial institution with an office located in Okeechobee County. (24) Alcohol and drug rehabilitation center/detox center. (25) Convenience store with fuel pumps. (26) Retail pool supplies and equipment (including storage of chemicals for use and/or retail sale). (27) Water treatment services (including storage of chemicals for use and/or retail sale). (28) Pest control (including storage of chemicals for use and/or retail sale). SECTION 5: Amendment and Adoption to Sections 90-312 and 90-313. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III -District Regulations, Division 9- Central Business District, Section 90-312 Permitted Uses and Section 90-313 Special Exception Uses as follows: Sec. 90-312. - Permitted uses. The following principal uses and structures are permitted in the CBD district: (1) Professional office, business office, medical office. (2) Retail service, retail store including outdoor display of merchandise. (3) Restaurant, take-out restaurant, cafe. (4) Personal service. (5) Dry cleaner, laundry. (6) Private club, nightclub, bar. (7) Craft studio. (8) Business school. (9) Commercial indoor recreation. (10) Commercial parking garage or lot. (11) Storefront church located in a unit in a multi -use building or shopping center. (12) Medical marijuana dispensary as defined and regulated in F.S., § 381.986. Sec. 90-313. - Special exception uses. The following uses and structures are permitted in the CBD district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: (1) Drive -through service. (2) Auto service station, car wash. (3) Radio, television or cable reception, transmission or operational facilities. (4) Mechanical and repair services. (5) House of worship. (6) Marina, dock, pier. (7) Public facility or use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height. (10) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. (11) Outdoor vehicle sales lot. (12) Free-standing drive -up ATM which is owned and operated by a bank or other financial institution with an office located in Okeechobee County. Pawnshop. SECTION 6: Amendment and Adoption to Section 90-342. Language to be added is undedined. Ordinance No. 1185 -Page 4 of 6 Language to be deleted is stn,�. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III -District Regulations, Division 10- Industrial District, Section 90-342 Permitted Uses as follows: Sec. 90-342. - Permitted uses. The following principal uses and structures are permitted in the IND district: (1) Business office. (2) Business school. (3) Retail service, retail store including outdoor display of merchandise. (4) Research laboratory. (5) Manufacturing, processing, except those which produce explosives. (6) Mechanical and repair services. (7) Bulk storage of nonhazardous material. (8) Off -site sign. (9) Outdoor sales and storage, building contractor. (10) Wholesale sales and distribution. (11) Enclosed warehouse and storage. (12) Commercial laundry, dry cleaner. (13) Printing. (14) Auto service station, car wash. (15) Drive -through service. (16) Parking garage, parking lot. (17) Radio, television or cable reception, transmission or operational facilities. (18) Veterinary service. (19) Railroad facilities. (20) Public utility. (21) Public facility. (22) Storefront church located in a unit in a multi -use building or shopping center. (23) Restaurant take-out restaurant, Cafe. (24) Barbershop, beauty shop. (25) Dry cleaner/laundry. (26) Nail care. (27) Shoe repair. (28) Tailor. (29) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, 2013. (30) Retail pool supplies and equipment, (including storage of chemicals for use and/or retail sale). (31) Water treatment services, (including storage of chemicals for use and/or retail sale). (32) Pest control (including storage of chemicals for use and/or retail sale). (33) Medical marijuana dispensary as defined and regulated in F.S., § 381.986. 34 Pawnshop. Bar. SECTION 7: Amendment and Adoption to Section 90-402. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III -District Regulations, Division 12- Mixed-Use Planned Unit Development District, Section 90-402 Permitted Uses as follows: Sec. 90-402. - Permitted uses. The following principal uses and structures are permitted in the PUD-M district: (1) Attached and detached single-family dwellings. (2) Zero lot line single-family dwellings. (3) Two-family dwellings. (4) Town homes. (5) Multiple -family dwellings. (6) Adult family care homes or assisted living facilities. (7) Day care center, nursing home. (8) Professional office, business office, medical office. (9) Retail store, retail service. (10) Restaurant take-out restaurant, cafe. (11) Personal service, dry cleaner. (12) Mechanical and repair services. Ordinance No. 1185 -Page 5 of 6 Language to be added is underlined. Language to be deleted is skulk through. (13) Auto service station. (14) Private club, nightclub, bar. (15) Hotel, motel. (16) Craft studio. (17) Business school. (18) Commercial indoor recreation. (19) Outdoor recreation, commercial outdoor recreation, golf course. (20) Marina. (21) Community center. (22) School. (23) House of worship. (24) Public facility or use. (25) Open space. (26) Public utility. L1 Pawnshop. SECTION 8: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 9: 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 10: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading at a Public Hearing and set for Final Public Hearing on this 16th day of JJ�, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 6ch day of August, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1185 - Page 6 of 6 Language to be added is underlined. Language to be deleted is stinui;klhieugh. F:Vbit 2 June 20, 2019 City of Okeechobee �' F1 -;.. i Date: �_ Wiz,,.., ,l I on No. Fee Paid: 11"J Jurisdiction: General Services Department 55 S.E. 3`d Avenue, Room 101 1s Hearing:,. ?`( 2 Id Hearing:__u. ' Okeechobee, Florida 39974-2903 Publication Dates: Phone: (863) 763-3372, ext. 218 Notices Mailed: Fax: (863) 763-1686 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: ; ? s ^ / (1 2 Mailing address: 3 E-mail address: 4 Daytime phone(s): Do you own residential property within the City? (^) Yes (_) No If yes, provide address(es) 5 Do you own nonresidential property within the City? () Yes (_� No If yes, provide address(es) 6 Request is for:() Text change to an existing section of the LDRs ( Addition of a permitted use (_, Deletion of a permitted use 7 �) Addition of a special exception use (_� Deletion of a special exception use U Addition of an accessory use (_j Deletion of an accessory use Provide a detailed description of text changes to existing section(s) showing deletions inStnkeeut and additions in underline format. (This description may be provided on separate sheets if necessary.) 8 LDR Amendment Application Page 1 of 3 P � IS Staff Report To: Okeechobee Council From: Ben Smith, AICP Date: July 2, 2019 Subject: LDC Revisions- Retail Service, Personal Service, Pawnshops and Bars Staff is recommending a revision to the City's Land Development Code in order to address several inconsistencies regarding the definitions for retail service, personal service and pawnshops and to separate the uses included in these definitions. The definitions of personal service and retail service include uses that should be defined separately and treated separately. The current definition of personal service includes pawnshops. The current definition of retail service includes restaurant, take-out restaurant, cafe, pawnshop, and bar/tavern. In the CLT zoning district, personal service and retail service are permitted uses. Although restaurant, take-out restaurant, and cafe are special exception uses. This means that restaurants, take-out restaurants, cafes, and bars are both permitted uses and special exception uses. In the CPO zoning district, under special exception uses, it lists "personal services, except pawn shops and dry cleaning on premises" We recommend that a definition be added for pawnshop, that pawnshop be removed from the definitions of personal service and retail service, and that, pawnshops be listed specifically as permitted uses or, special exception uses in the various zoning district regulations. Additionally, restaurant, take-out restaurant, cafe, bar and tavern should be removed from the definition of retail service; as these are all separate uses that are already defined. Staff is also recommending revising the City's Land Development Code to address several inconsistencies regarding the listing of bars as a permitted use or specially permitted use. Three uses (private club, night club, and bar) are all listed together as permitted uses in the CHV district and as special exception uses in the CLT district. Bars are not currently listed as a permitted use in the CBD and PUD-M districts. However, nightclubs are listed as a permitted use in the CBD and PUD-M districts; and the main difference between the definition of a bar and the definition of a nightclub is that live entertainment is included in the definition of a nightclub and live entertainment is excluded from the definition of a bar. Allowing live entertainment generally makes the nightclub use more intense than the bar use. And it's seems reasonable that the less intense use would be allowed where the similar, but more intense use is allowed. The definitions are as follows: Bar means an establishment for the sale and on -premises consumption of alcoholic beverages as a primary use, without live performers, and includes a tavern, cocktail lounge and saloon. Nightclub means an establishment providing indoor entertainment, usually with live performers and dancing, where food and alcoholic beverages may be sold for on -premises consumption. Private club means an establishment catering exclusively to an association of persons and their Provicling Planning and management solutions for local govemments 1 3J5 Jac6on Street, Suite 206 Fort Myers, FL 3390, 239-334-3366 www.larueplanning.com guests, on a primarily not -for -profit basis, and which is not available for unrestricted public access, includes fraternal lodge, sorority, and union hall. The City Clerk did some researching and found that in the oldest available version of the City's Codes, the three uses (private club, night club, and bar) were all listed together as permitted uses in the C-I, C-II, and CBD district. Then in the Ord #716, it appears that bar was just left out. This may be because it was intended that the nightclub use would include bars, since the main difference seems to be that the definition of nightclub includes live entertainment and the definition of bar excludes live entertainment. It may also be that bar was added to the definition of retail service and no longer needed to be listed with private club and nightclub. In any case, bars should be separate from retail service and grouped/allowed with private club and nightclub where those uses are already allowed. As such, it seems appropriate to add bar as a permitted use to both the CBD district and the PUD-M district by amending the Code. At a May 16th Planning Board workshop, the Board provided the following direction: • Creation of new definition for pawnshop • Revisions to the definitions of personal service and retail service • Pawnshops to be made a permitted use in the Heavy Commercial (CHV) Industrial (IND) and Mixed -use Planned Unit Development (PUD-M) zoning districts • Pawnshops to be made a special exception use in Light Commercial (CLT), Commercial Professional and Office (CPO) and Central Business (CBD) zoning districts • Bar to be made a permitted use in the Central Business (CBD), Industrial (IND) and Mixed -use Planned Unit Development (PUD-M) zoning districts • Restaurant, take-out restaurant, and cafe to be made permitted uses in the Central Business (CBD), Industrial (IND) and Mixed -use Planned Unit Development (PUD-M) zoning districts Staff prepared these land development code revisions in an Ordinance and presented it to the Planning Board at the June 20th meeting. The Board voted 5-0 to recommend approval to the City Council. LaK�c 2 ptanneng : j I,� Staff Report To: Okeechobee Council From: Ben Smith, AICP Date: July 2, 2019 Subject: Appendix Revisions- Parking Reduction Petition City Code Sections 90-483 through 90-485 provide for requests to reduce the amount of parking that is required according to Section 90-512. However, there is no fee schedule, submittal process, or parking study requirement provided specifically for parking reduction requests. Currently, the City charges the same fee for a parking reduction request as a site plan review. In situations where the parking reduction request is concurrent with the site plan review, this is appropriate. However, there are certain situations (e.g. change of use) where an applicant may request a parking reduction without a site plan review. In these cases, it is not appropriate to charge a site plan fee which is a minimum $1,000. Staff is recommending that a fee of $250 may be more appropriate, considering that staff will spend considerably less time processing a parking reduction request which is not associated with a site plan. At a May 161h Planning Board workshop, the Board provided direction regarding the creation of a new fee schedule for parking reduction requests. Staff prepared a Resolution which provides a parking reduction petition fee and outlines the submittal requirements and steps for processing parking reduction petitions. This Resolution was presented to the Planning Board at their June 201h meeting and the Board voted 5-0 to recommend approval of that Resolution to the Council. Providing Planning and management solutions for local governments 1 375 ,Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 www.larueplanning.com CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 DRAFT SUMMARY OF BOARD DISCUSSION FOR JUNE 20, 2019 PAGE 1 OF 7 II AGENDA II DISCUSSION II I. CALL TO ORDER - Chairperson. Regular Meeting, June 20, 2019, 6:00 P.M. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Felix Granados Alternate Board Member Jim Shaw Board Attorney John R. Cook City Planning Consultant Ben Smith Administrator Marcos Montes De Oca Board Secretary Patty Burnette IV. AGENDA - Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members or the Public. V. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop. In the absence of the Chairperson and Vice Chairperson, Secretary Burnette called the June 20, 2019 meeting to order at 6:04 p.m. and instructed those present to appoint a Chairperson Pro-Tempore to preside over the meeting. By consensus of the Board, Member Brass was appointed. The Pledge of Allegiance was led by Chairperson Pro-Tempore Brass. Board Secretary Burnette called the roll: Absent (with consent) Absent Present Present Absent (with consent) Present Present Absent (with consent) Present (moved to voting position) Absent (with consent) Present Absent (with consent) Present Chairperson Pro-Tem Brass asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. There being none the agenda stands as published. Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop; seconded by Member McCreary. There was no discussion on this item. JUNE 20, 2019 - PLANNING BOARD - PAGE 2 OF 7 AGENDA DISCUSSION V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Board VOTE Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop HOOVER - ABSENT McCoy - ABSENT BAUGHMAN- YEA BRASS - YEA CHARTIER - ABSENT continued. )ONASSAINT - YEA MCCREARY- YEA GRANADOS - ABSENT SHAW - YEA MOTION CARRIED. VI. UNFINISHED BUSINESS - Secretary. A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public Officers related to Rezoning Petition No. 19-003-R on April 18, 2019. VII. OPEN PUBLIC HEARING - Chairperson. A. Abandonment of Right -of -Way Petition No. 19-002-SC, to vacate a portion of Southeast 41h Street from Southeast 10th Avenue westward to deadend (approximately40-feet by 373.5-feet) (Exhibit 1). 1. Review TRC Recommendation - approval with special conditions Secretary Burnette read into the record Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers related to Rezoning Petition No. 19-003-R which was received on April 18, 2019, and filed by Alternate Board Member Rick Chartier, address 2017 Southwest 67th Drive, Okeechobee Florida, and made a part of the official record filed in th anent Minute File for this meeting. i ow CHAIRPERSON PRO-TEM BRASS OPENED THE PUBLIC HEARING AT 6:08 P.M. Abandonment of Right -of -Way Petition No. 19-002-SC, to vacate a portion of Southeast 41h Street from Southeast 10th Avenue westward to deadend (approximately 40-feet by 373.5-feet). Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. Mr. Smith explained the Applicant, Louis D'Onofrio, is requesting to abandon the east -west 373.5-foot long, 40-foot wide unimproved right-of-way of Southeast 41h Street between Southeast 10th Avenue and a canal. The Applicant owns all of the contiguous properties which encompass Lot 12 of Block E, Lot 1 of Block F, and Lot 1 of Block 4. The Petition was reviewed at the May 16, 2019, Technical Review Committee Meeting, a recommendation was made for approval with the following special condition: the City of Okeechobee Public Works Department requires an access easement of 12-feet on the north side of Lot 12, Block E, to facilitate maintenance to the canal. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Single Family on the Future Land Use Map. The right-of-way is not the sole means of access to any property. All three parcels bordering the right-of-way are owned by the Applicant and two of those parcels have access to Southeast 10th Avenue. The proposed right-of-way area to be vacated has not been improved to facilitate vehicular travel. Turning over maintenance responsibility to the Applicant and adding this property to the City tax rolls will be a benefit to the City. Finally, the Applicant has received authorization from all necessary utility entities however, it may be necessary to reserve a portion of this property as an easement in order to preserve the canal. Member Brass relayed her concern as to whose responsibility it would be for maintaining the proposed Public Works easement and assurance that nothing would be blocking accessibility to the easement. Mr. Smith replied it would be the Applicant's responsibility for maintenance and that structures could not be built in the easement. JUNE 20, 2019 - PLANNING BOARD - PAGE 3 OF 7 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. A. 2. Hear from the Property Owner or Designee/Agent - Mr. Louis D'Onofrio. Chairperson Pro-Tem Brass asked whether the property owner or designee/agent wished to speak. Mr. Louis D'Onofrio, was in attendance and available for questions. Member Shaw inquired as to what the Applicant's intended use would be for the property should the abandonment be approved. Mr. D'Onofrio responded he wished to finish making repairs to the residence, add a small driveway and just generally clean up the property so that he could reside there. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex-Parte Communications by the Board. 5. a) Consider a recomme ' to the City Council to approve or deny Petition No. 19-002-S B. Consider LDR Text Amendment Application No. 19-001-TA, amending Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; an application and proposed fee for Parking Reduction Requests (Exhibit 2). 1. Presented by Planning Staff. Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There were none. The Petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 25 surrounding property owners. Chairperson Pro-Tem Brass asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Motion and a second offered by Members Baughman and Jonassaint to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 19-002-SC, to vacate a portion of Southeast 4th Street from Southeast 10th Avenue westward to deadend (approximately 40-feet by 373.5-feet) with the following special condition: the City of Okeechobee Public Works Department requires an access easement of 12-feet on the north side of Lot 12, Block E, Wright's 3m Addition to Okeechobee, Plat Book 1, Page 9, Public Records of Okeechobee County, Florida, to facilitate maintenance to the canal. Chairperson Pro-Tem Brass asked whether there was any further discussion. There was none. VOTE HOOVER - ABSENT McCoy - ABSENT BAUGHMAN- YEA BRASS - NAY CHARTIER - ABSENT QWAINT - YEA MCCREARY- YEA GRANADOS - ABSENT SHAW - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for August 6, 2019, 6:00 P.M. The following proposed Land Development Regulations (LDR's) Text Amendments, provided through Application No. 19-001-TA, amends Code Book Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; and Appendices A, B, and C, which stem from a Workshop held on May 16, 2019. Refer to those minutes for additional discussion regarding each of the areas discussed. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. Exhibit 2 contained a copy of two memorandums dated June 12, 2019, one with the subject titled "LDC Revisions -Retail Service, Personal Service, Pawnshops and Bars", (one page) and the other subject titled JUNE 20, 2019 - PLANNING BOARD - PAGE 4 OF 7 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. B.1. Presented by Planning Staff for Application No. 19-001-TA continued. "Appendix Revisions -Parking Reduction Petition" (one page). The memorandums provided background and purpose of each proposed amendment. The Exhibit also contained a copy of the text amendment in a draft ordinance, (eight pages) as well as a draft resolution (three pages) which provided the exact language to be added or deleted to each section of the code. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex-Parte Communications by the Board. IN 4. a) Consider a recommenda to the City Council to approve or deny Application No. 19-001-T. 1, Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There were none. Chairperson Pro-Tem Brass asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the Application. None were offered. Motion and second was offered by Members McCreary and Jonassaint to find LDR Text Amendment Application No. 19-001-TA consistent with the Comprehensive Plan, and recommend to the City Council approval of the following sections as presented: Add definition for "pawnshop" to Section 66-1, Definitions, to read as follows: Pawnshop means an establishment where items may be bought outright or left as collateral in order to borrow money and which those same items may be sold. Amend Section 66-1, Definitions, Service, personal, by deleting the word "pawnshop" from the list. Amend Section 66-1, Definitions, Service, retail by deleting the words "restaurant, take-out restaurant, cafe, pawnshop" and the wording "as well as a bar or tavern for on premise consumption of alcoholic beverages' find Sections 90-282, 90-342, and 90-402, by adding 'pawnshop" to the list of permitted uses in the Heavy Commercial (CHV), Industrial (IND), and Mixed -Use Planned Unit Development (PUD-M) Districts. Amend Sections 90-223, 90-253 and 90-313, by adding `pawnshop" to the list of special exception uses in the Commercial Professional and Office (CPO), Light Commercial (CLT), and Central Business District (CBD) Zoning Districts. Amend Sections 90-312, 90-342, and 90-402, by adding "bar" to the list of permitted uses in the CBD, IND, and PUD-M Districts. Amend Sections 90-312, 90-342, and 90-402, by adding "restaurant, take-out restaurant and cafe" to the list of permitted uses in the CBD, IND, and PUD-M Districts. Amend Appendices A, B, and C to include submittal requirements and processing standards for applications for .TUNE 20, 2019 - PLANNING BOARD - PAGE 5 OF 7 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. B. 4. a) Consider a recommendation to the City Council to approve or deny parking reduction petitions, as well as an application form; standards for parking study submittals; and adding a fee. Application No. 19-001-TA continued. b) Board ) Vote o CLOSE PUBLIC HEARING - Chairperson. VIII. RECESS REGULAR MEETING AND CONVENE WORKSHOP - Chairperson. A. Planning Staff Report Topics (Exhibit 3), 1. Restaurant parking requirements. 2. Minimum square footage for single family d S. Chairperson Prou Iillasked whether there wain further discussion, There was none. WOVOTE HOOVER - ABSENT McCoy - ABSENT BAUGHMAN- YEA BRASS - YEA CHARTIER - ABSENT JONASSAINT - YEA MCCREARY- YEA GRANADOS - ABSENT SHAW - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for August 6, 2019, 6:00 P.M. AM CHAIRPERSON PRO-TEM BRASS CLOSED THE PUBLIC HEARING AT 6:26 P.M. _ -. CHAIRPERSON PRO-TEM BRASS RECESSED THE REGULAR MEETING AND CONVENED THE WORKSHOP SESSION AT 6:26 P.M. Mr. Smith explained this topic was previously discussed at the May 16, 2019 Workshop meeting and the consensus of the Board was they requested some examples as they wanted to make sure this proposal would not present higher requirements for businesses than what they are held to currently. He explained he still has further research to do and will bring the item back for discussion at the next workshop meeting. Mr. Smith reviewed his Staff Report dated June 12, 2019, explaining the City's current standard according to Section 90-169 of the LDR's is, any single-family dwelling located in a Residential Single Family -One; Residential Single Family -Two; Residential Multiple Family; or Residential Mobile Home, zoning district shall comply with the following appearance and design standards: Minimum floor area. The minimum floor area shall be 800-square feet, including the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided in subsection (10) herein. To be eligible for calculation as minimum floor area, such square footage shall be contained under a single integrated roof system. A roof system designed by the manufacturer to be a single structure shall be considered an integrated roof system under this subsection even if delivered in more than one part and assembled on site. Mr. Smith further commented that should the Board recommend increasing the single family dwelling minimum unit size, it may be appropriate to consider providing a specific standard for each zoning district where single family dwellings are a permitted use. This would allow for zoning districts with smaller lot sizes to continue to accommodate smaller dwelling unit sizes and to minimize the number of nonconformities that would be created by .TUNE 20, 2019 - PLANNING BOARD - PAGE 6 OF 7 AGENDA DISCUSSION Vill. WORKSHOP ITEMS OF DISCUSSION CONTINUED. A. 2. Minimum square footage for single family dwellings continued. this proposed revision. Lastly, he explained to the Board while reviewing the existing LDR's, he discovered several sections that were not organized correctly. The RMH zoning district actually includes several sections, (90-167 through 90-172), which seem to be intended to apply to multiple zoning districts. He suggests either creating a new division in the LDR's to move these sections to or move them to the section that is entitled Supplementary District J Regulations. Discussion among the Board Members touched on if the minimum floor area requirement includes the area of an attached garage, would that then mean the garage could be actually bigger than the single family dwelling and also what does a single integrated roof system mean. Mr. Smith commented he would need to research the Florida Building Code to see if there is a minimum requirement for a single family dwelling as it seems like the actual dwelling should be larger than the attached garage. He explained a single integrated roof system would mean sharing the same single roofing structure. Consensus of the Board was to allow the Planner time to research the Florida Building Code to determine if there are square footage requirements for the actual dwelling and they liked his recommendation of moving Sections 90-167 through 90-172 to a different section of the LDR's instead of just being included in the RMH zoning district. Mr. Smith reviewed his Staff Report dated June 12, 2019 explaining he was directed to address the issue of mobile food vendors also known as food trucks as they are not specifically addressed in the City's LDR's. Currently in Section 14-121 of the City's LDR's it states, sales of merchandise on City -owned or leased properties, or on City road rights -of -way lying within the City, is prohibited. Additionally, mobile food vending is not specifically allowed in any of the City's zoning districts and would not meet the standards for restaurants or other food service establishments without approval of a site plan that included considerations for parking, bathrooms and other standards. Except for the allowable exemption for special events provided in Section 14-141 of the LDR's, it is staff's opinion that mobile food vending is effectively prohibited within the City. In order to provide the Board with a full understanding of the potential benefits and the potential problems associated with mobile food vending, he has provided two articles, Planning for Food Trucks (two pages) and Eating on the Go: Mobile Food Trucks (five pages), which provide a thorough description of the issues involved. In addition he has also provided code regulations from Okeechobee County, Fort Myers and the City of Melbourne, which demonstrate several alternative approaches to regulating mobile food vending. He offered four different options for the Board to discuss: take no action and continue to rely on the existing LDR's; strengthen the existing LDR's to specifically define mobile food vending, specifically prohibit mobile food vending, and continue the existing exemption for special events; allow for additional opportunities for mobile food vending on private property in certain situations; or allow for additional opportunities for mobile food vending on public property in certain situations. Discussion among the Board Members touched on the consensus that mobile food vending was currently prohibited. They discussed several pros and cons of permitting mobile food vendors/trucks within the City limits. Impact on small businesses, concerns with monitoring health issues, these businesses not paying property taxes, and special events JUNE 20, 2019 - PLANNING BOARD - PAGE 7 OF 7 AGENDA DISCUSSION Vill. WORKSHOP ITEMS OF DISCUSSION CONTINUED. A. 3. Mobile food vendors continued. for nonprofit organizations. If they were allowed, then maybe they should be permitted by special exception, so specifics could be included to address parking, bathrooms, if they would be permitted to have seating, hours of operation, how many vendors would be allowed to have a permit for operating, in which zoning districts they would be permitted and should health inspections be conducted. Member Brass commented that having a mobile food truck is sometimes how a company starts out before opening a restaurant. She also offered, given the City is only a little over four square miles, and several food trucks are located in close proximity to the City, folks do not need to travel far to find one. Member Jonassaint mentioned maybe establishing a place in the City where trucks could come once a week and set up. Discussion ensued as to where that possible location could be. They had no locations to offer. RECESS WORKSHOP AND RECONVENE REGULAR MEETING. IX. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. ATTEST: Karyne Brass, Chairperson Pro-Tempore Patty M. Burnette, Secretary Consensus of the Board was to take no action on this topic and continue to rely on the existing LDR's. CHAIRPERSON PRO-TEM BRASS ADJOURNED THE WORKSHOP AND RECONVENED THE REGULAR MEETING AT 7:15 P.M. There being no further items on the agenda, Chairperson Pro-Tem Brass adjourned the meeting at 7:15 p.m. � fl I fJ•�� I i aNDEPENDENT NEWSMEDIA INC. USA Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 (14 STATE OF FLORIDA� COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached cop} of advertisement being a n in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake 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 f r publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of ,, �� i t1 AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION N Ft; 976149 EVIRES:Ap8120,2020 Bondal Thru Notary Rubk Undamajers N07rW.,E OF PROPOSED&1N D DEVELOPMENT REGULATION TEXT'AMENDMENTS PUBLIC NOTICE: the City Council of the City of Okeechobee, FL, will on Tues, July 16, 2019, at 6:00 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to consider a First Reading and set a Final Public Hearing date for a proposed Ordinance amending the Land Development Regulations as follows: No. 1185: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OFTHE CODE OF ORDINANCES; SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, AMENDING SECTION 66-1, REVISING DEFINITIONS OF PAWNSHOP, SERVICE -PERSONAL, AND SERVICE -RETAIL; PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING, ARTICLE III-DISTRICTAND DISTRICT REGULATIONS, DIVISION 6-COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90-223 SPECIAL EXCEPTION USES, AMENDING ITEM (2) AND ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 7-LIGHT COMMERCIAL DISTRICT, SECTION 90-253 SPECIAL EXCEPTION USES, ADDING ITEM (23) PAWNSHOP; AMENDING DIVISION 8-HEAVY COMMERCIAL- DISTRICT, SECTION 90- 282 PERMITTED USES, ADDING ITEM (19) PAWNSHOP; AMENDING DIVISION 9-CENTRAL BUSINESS DISTRICT, SECTION 90-312 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT TO ITEM (3) RESTAURANT, CAFE AND BAR TO ITEM (6) PRIVATE CLUB, NIGHTCLUB; AMENDING SECTION 90-313 SPECIAL EXCEPTION USES, ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 10-INDUSTRIAL, SECTION 90-342 PERMITTED USES, TO INCLUDE RESTAURANT, TAKE- OUT RESTAURANT TO ITEM (23) CAFE, ADDING ITEMS (34) PAWNSHOP AND (35) BAR; AMENDING DIVISION 12-MIXED- USE PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 90- 402 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT, CAFE TO ITEM (10) RESTAURANT, BAR TO ITEM (14) PRIVATE CLUB, NIGHTCLUB, AND ADDING ITEM (27) PAWNSHOP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILIW, PROVIDING FOR AN EFFECTIVE DATE. The proposed Amendment may be viewed on the, website, cityofokeechobee.com, or at the Office of the City Clerk, during normal business hours, Mon -Fri, 8 AM-4:30 PM, at the address above. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no -later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video, or items to the Council in support or opposition to any item on the agenda a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. �' �c" Exhibit 4 City of Okeechobee July 16, 2019 Memo Date: for July 16 meeting TO: Mayor and City Council FR: Admin Marco Montes De Oca and India Riedel, Finance Dept RE: PRM Group Health Insurance The City's current premium structure for plan 0727: Employee Only $ 797.29 Empl & Spouse $1,990.46 Empl & child(ren) $1,591.62 Empl Family $2,538.86 The City has had another year of large payout of benefits for our employees and dependents. ($110.00 paid out for every $100.00 premium (apprx $67,000), based on the months used for renewal rates. As per the bylaws of the PRM group the maximum premiums will increase is 6% over the Group. The Group (PRM members) experience base rating is @ a 4.7% increase effective 10/01/2019. PRM and the broker Arthur J. Gallagher have provided an additional 1 % decreased (already included in percentages) based on the Board of directors (us), approval to renegotiate contracts with Pharmaceuticals. This is one of the strong points of being within a pool the members have control of. The city's claims experience rating is higher than the groups average of 4.7%, therefore the current PPO 0727 plan premium increase for this fiscal year is at 6.7%, or a $41,670 increase. The city is continuing to take a long term approach regarding the health of its employees by continuing the current benefits including the Clinic. (Currently a 2 year contract without an increase for 2019/2020 FY) City of Okeechobee Memo Current Dian. 0727 City Cost Deduction Premium Per Employee per Employee per Month Pay Check Employee Only $850.70 $850.7 $0.00 Add'I for Spouse $1,273.11 $150.00 $518.35 Add'I for Child (ern) $847.55 $150.00 $321.94 Add'I for Family $1858.25 $150.00 $788.42 Affordable Care Act reauired option, 05901 City Cost Deduction Premium Per Employee per Employee per Month Pa Check Employee Only $669.40 $669.40 $0.00 Add] for Spouse $1,001.76 $150.00 $393.12 Add'I for Child ern $666.85 $150.00 $238.54 Add'I for Family $1,462.17 $150.00 $605.61 21 PRM Health Trust and City of Okeechobee Paul Hebert and Katrina Bouthot I July 16, 2019 Okeechobee FLORIDA, Fau.idcd 1915 Jallagher Risk Management I Consulting 4— About PRM Health Trust Gallagher Insurance I Risk Management I Consulting The City of Okeechobee joined effective August 1, 2010 • Health Trust established in December 1989 • Has grown from 7 members to 55 member as of July 2019 • Formed pursuant to an Interlocal Governmental Cooperative Agreement under Florida Statute §112.08 • Each Health Trust Member names a Board Member who has 1 vote on the Health Trust Board • The PRM Health Trust has a surplus of approximately $21 million as of September 30, 2018 :i��, 41t I I IIlP I (TALI AGIIF I: i;U AJG(�Oi Funding Status Gallagher Insurance I Risk Management I Consulting Low Administrative Expenses allow for richer benefits The PRM Health Trust is self -insured. Funding is used to pay the administrative costs of operating the Health Trust and to pay the claims incurred by the participating employees and their family members, with no profit margin. 0% `_ 1%_ 1%, 0% l ,._0% 6/0--- '\ ri Net Paid Claims �u Blue Cross Medical Administration -Specific Premium @ $300,000 W Aggregate Premium Consortium Businessolver • Reinsurance Tax (Healthcare Reform)1 • PCORI Fee (Healthcare Reform)1 Medical Rates Gallagher Insurance I Risk Management j Consulting PRM's renewal methodology provides for rate caps • Gallagher is the broker/consultant for the Health Trust and sets 94premium equivalent.. •member • The premium rates are fixed for the full plan year so the program -- The city would never be asked for additional dollars to make up for a funding shortfall Gallagher determines a Pool Average — which is the average �ncrease needed to -e projected • expenses for the upcoming plan year For employers that have been in the Health Trust 3 years or more, the renewal is based on a deviation schedule tied to the Pool Average, with a maximum deviation (up or down) of 6% \P�SK MArygC� m R°- R O F OR�aP City of Okeechobee Medical Renewal History Gallagher Insurance I Risk Management i Consulting The City has received significantly lower renewals each year than it would have in the fully insured market 2019/2020 110.3% 2018/2019 108.6% 2017/2018 176.7% 2016/2017 132.2% 2015/2016 113.4% 2014/2015 185.2% 2013/2014 134.6% 2012/2013 172.5% 2011 /2012 146.9% :_'i15 AHTHI IR J GA!.LA(,H! H .z',;!) I AJG C'VM 7.7% 10.0% 11.0% 14.1 % 8.3% .. ....:.......... . 25%+ 25%+ 25%+ 25%+ 25%+ 25%+ 25%+ 25%+ 25%+ Gallagher The City's Other Coverages Insurance I Risk Management I Consulting Rates for the City's Ancillary Benefits have remained unchanged - and even reduced in some cases - through the years ® Dental Insurance: High and Low flans -- Florida Combined Life - Rates have not increased in years. 5% rate reduction effective October 1, 2019. Vision Insurance: - National Vision Administrators — Rates have not increased in years. Remain the same for October 11 2019 with no increase. Life, Short and Long Term Disability: - The Standard Basic Life and AD&D, and Short Term Disability reduced effective October 1, 2018. Rates remain the same for October 1, 2019 with no increase. Other Value -Added Benefits Gallagher Insurance I Risk Management Consulting At No Additional Cost to the City • Customer Service: Multiple layers of dedicated support through: PRM Administrative staff, with 2 dedicated professionals to the PRM members — Florida Blue, with 2 dedicated professionals to the PRIM members Gallagher, with 2 dedicated professionals to the PRM members Benefits Administration System © COBRA Administration • Compliance Support .`ASK MA�rq� � p yz RM O'`FLOR��4 Advantages of PRM FIRM stand Alone Program M C3 Predictable/Stable Renewals National Account Status 0 13 Offer Employees I -10 Plans 0 E3 0 E3 Dedicated Customer Service Two Tiered Prescription Drug Program* 0 C3 Customized Benefits M E3 Determine Plan Benefits 0 Annual Educational Conference Electronic Enrollment & Bill Reconciliation Actuarial Support Legal"Compliance Support 'Available with the PPO, Plan 0702, 0727 and HMO 55 F, ARTHUR,[ 1,AU Ar;F11 k CO a,)(; ('(A� Gallagher Insurance I Risk Management I Consulting i i i i � .i i ii i i i ■i i i i i i i Thank you! **Z� Gallagher Insurance I Risk Management I Consulting La KUP Exhibit Memorandum July 16, 2019 To: Marcos Montes De Oca, P.E., City Administrator From: Ben Smith, AICP Date: July 2, 2019 Subject: Planning Board Recommendation regarding Mobile Food Vending At the May 7th Council meeting, staff was directed to address the issue of mobile food venders, also known as food trucks. Staff prepared materials for the Planning Board which were presented and discussed at their June 201h workshop. Currently, City Code Section 14-121 prohibits sales of "merchandise on city -owned or leased properties, or on city road rights -of -way lying within the city". Additionally, mobile food vending is not specifically allowed in any of the City's zoning districts and would not meet the standards for restaurants or other food service establishments without approval of a site plan that included considerations for parking, bathrooms and other standards. Except for the allowable exemption for special events provided in Section 14-141, it is staff's opinion that mobile food vending is effectively prohibited within the City of Okeechobee. That said, the City has several options regarding mobile food vending: • Take no action and continue to rely on the existing code. • Strengthen the existing code to specifically define mobile food vending, specifically prohibit mobile food vending, and continue the existing exemption for special events. • Allow for additional opportunities for mobile food vending on private property in certain situations. • Allow for additional opportunities for mobile food vending on public property in certain situations. To aid the discussion of the potential benefits and the potential problems associated with mobile food vending, the Planning Board was provided with two articles describing the issues involved; as well as codes from other jurisdictions, which demonstrate several alternative approaches to regulating mobile food vending. The Board discussed several issues related to mobile food vending including: • Sanitation and parking issues associated with mobile food vending • The potential for mobile food vendors to unfairly compete with traditional restaurants • Potential distance requirements for mobile food vendors from traditional restaurants • Allowing mobile food vendors as an 'accessory kitchen' to established restaurants and/or bars • Allowing mobile food vendors to be operated on private property meeting certain requirements such as provision of restrooms and parking At the conclusion of the discussion, when asked for direction, the Board decided that no action should be taken, and recommended that the City continue to rely on the existing code. Providing Planning and management solutions for local governments + 375 Jackson Street, Suite 206 tort Myers, FL 3390+ 239-35 +--3366 www.larueplanning.com r REVISED 7/15/19 ORDINANCE NO. 1186 Exhibit 6 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY BEING AN UNIMPROVED PORTION OF SOUTHEAST 4TH STREET (f/k/a AVENUE A) MORE PARTICULARLY DESCRIBED HEREIN; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR CANAL MAINTENANCE; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee General Services Department received Abandonment of Right -of -Way Petition No. 19-002-SC submitted by property owner Louis D'Onofrio, for the closing of a certain Right -of -Way as described in this Ordinance; and WHEREAS, the City of Okeechobee Technical Review Committee reviewed and discussed Petition No. 19-002-SC at a duly advertised public meeting held on May 16, 2019, and recommended approval with the following conditions: that a 12-foot easement be reserved for the City Public Works Department for canal maintenance; and WHEREAS, Petition No. 19-002-SC was reviewed and discussed by the City of Okeechobee Planning Board at a duly advertised Public Hearing held on June 20, 2019, and determined such Petition to be consistent with the Comprehensive Plan, and recommended approval with the following conditions: that a 12-foot easement be reserved for the City Public Works Department for canal maintenance; and WHEREAS, the City Council reviewed Petition No. 19-002-SC and finds it to be consistent with the Comprehensive Plan, is not the sole access to any property, is in the best interest of the citizens, provides a benefit to the City of Okeechobee, and would not jeopardize the location of any utility; and WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The unimproved, dedicated right-of-way described hereafter and as shown on Exhibit A, is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to -wit: THAT PORTION OF SOUTHEAST 4T" STREET (F/K/AAVENUE A), RUNNING EAST TO WEST, LYING SOUTH OF LOT 12 OF BLOCK E, WRIGHTS 3RD ADDITION TO OKEECHOBEE, PLAT BOOK 1, PAGE 9, WEST OF SOUTHEAST 10T" AVENUE (F/K/A HANCOCK STREET), AND NORTH OF LOT 1 OF BLOCK F AND LOT 1 OF BLOCK 4, WRIGHTS 1ST AND 2ND ADDITION TO OKEECHOBEE, PLAT BOOK 1, PAGE 12, AND IS APPROXIMATELY 40-FEET BY 373.5 FEET, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1186 - Page 1 of 3 REVISED 7/15/19 SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive access easement along the North 12-feet of Lot 12 of Block E, W RIGHTS 3RD ADDITION TO OKEECHOBEE as recorded in Plat Book 1, Page 9, Okeechobee County public records; said easement will be a subsequently recorded easement filed commensurate with the effective date of Final Public Hearing for this Ordinance. SECTION 3: The City Clerk shall cause a certified copy of the Ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 4: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: Severability. If any provision or portion of this Ordinance is declared by any courtof competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: This Ordinance shall be set for Final Public Hearing the 6th day of Au ust, 2019, and shall take effect upon the easement provided in Section 2 herein is approved by the City Council and recorded in the public records of the Clerk of Circuit Court, Okeechobee County, Florida. INTRODUCED for First Reading and set for Final Public Hearing on this 16th day of July, 2019. Dowling R. Watford, Jr., Mayor F_�ii*'CIF Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 6th day of August, 2019. Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1186 -Page 2 of 3 REVISED 7/15/19 ORDINANCE NO. 1186 -EXHIBIT A The following excerpt is from the City of Okeechobee Subdivision Map to identify the portion of Right -of -Way to be abandoned as requested by Petition No. 19-002-SC. N W+E S BROWNING'S YLOR CREEK 'WRIGHT'S ADDITION MANOR THIRD ADDITION } DE -------- - I ~ s 4 .; 1 - : 10 O 10 � o � 12 i 13 -' 2 3�c 331 9co b 14 7 11 12 lLJ _ -- C6 15 _ 6 z7 S.E. 3RL? cTCj 8 4 16 __ 17 ,._ 5 4 Z 10 18 - 3 16 15 � r•� 11 19 20 ` 1 ~ � 12 S.E.4 TH ST 16 —11 18 1 }:• 1 LJ � 2 C6 2UJ .. _. 3 2 4 ', 1 3 A Petition #19-002-SC SE4"ST between 10t' Avenue & Canal approximately 40x373.5 feet 2 3 4 6 3 a ;r � - 10 2- S.E. 5 TH ST 2 J:�l 3 4 6 5 2 - 3 6 ,0 Ordinance No. 1186 - Page 3 of 3 Exhibit 6 July 16, 2019 ORDINANCE NO. 1186 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY BEING AN UNIMPROVED PORTION OF SOUTHEAST 4TH STREET (f/k/a AVENUE A) MORE PARTICULARLY DESCRIBED HEREIN; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR CANAL MAINTENANCE; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee General Services Department received Abandonment of Right -of -Way Petition No. 19-002-SC submitted by property owner Louis D'Onofrio, for the closing of a certain Right -of -Way as described in this Ordinance; and WHEREAS, the City of Okeechobee Technical Review Committee reviewed and discussed Petition No. 19-002-SC at a duly advertised public meeting held on May 16, 2019, and recommended approval with the following conditions: that a 12-foot easement be reserved for the City Public Works Department for canal maintenance; and WHEREAS, Petition No. 19-002-SC was reviewed and discussed by the City of Okeechobee Planning Board at a duly advertised Public Hearing held on June 20, 2019, and determined such Petition to be consistent with the Comprehensive Plan, and recommended approval with the following conditions: that a 12-foot easement be reserved for the City Public Works Department for canal maintenance; and WHEREAS, the City Council reviewed Petition No. 19-002-SC and finds it to be consistent with the Comprehensive Plan, is not the sole access to any property, is in the best interest of the citizens, provides a benefit to the City of Okeechobee, and would not jeopardize the location of any utility; and WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The unimproved, dedicated right-of-way described hereafter and as shown on Exhibit A, is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to -wit: THAT PORTION OF SOUTHEAST 4T" STREET (F/K/AAVENUE A), RUNNING EAST TO WEST, LYING SOUTH OF LOT 12 OF BLOCK E, WRIGHTS 3RD ADDITION TO OKEECHOBEE, PLAT BOOK 1, PAGE 9, WEST OF SOUTHEAST 10T" AVENUE (F/K/A HANCOCK STREET), AND NORTH OF LOT 1 OF BLOCK F AND LOT 1 OF BLOCK 4, WRIGHTS 1ST AND 2ND ADDITION TO OKEECHOBEE, PLAT BOOK 1, PAGE 12, AND IS APPROXIMATELY 40-FEET BY 373.5 FEET, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1186 - Page 1 of 3 SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive access easement along the North 12-feet of Lot 12 of Block E, WRIGHTS 3RD ADDITION TO OKEECHOBEE as recorded in Plat Book 1, Page 9, Okeechobee County public records; said easement will be supplemented by a subsequent recorded easement. SECTION 3: The City Clerk shall cause a certified copy of the Ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 4: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: This Ordinance shall be set for Final Public Hearing the 6th day of August, 2019, and shall take effect upon the easement provided in Section 2 herein is approved by the City Council and recorded in the public records of the Clerk of Circuit Court, Okeechobee County, Florida. INTRODUCED for First Reading and set for Final Public Hearing on this 16th day of July, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 6th day of August, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1186 - Page 2 of 3 ORDINANCE NO. 1186 - EXHIBIT A The following excerpt is from the City of Okeechobee Subdivision Map to identify the portion of Right -of -Way to be abandoned as requested by Petition No. 19-002-SC. BRtJWNING''S Y"L0R CREEK WRIGHT'S ADDITM©N MANOR THIRD ADDITION ALf 4 G -10 2 .> 01, DE 10 � W a 7 11 L.L1 Y S.E. 3RD Z ,a k } 16 11 t7 18 ;, r.4 TH ST r 3 4Aft 4 Petition l < i 1 #19-002-SC �,.;-. TH ST SE4"ST VOW 2 1 between J ' t 4 1:Z3 10'' Avenue & 7 Canal approximately 40x373.5 feet Ordinance No. 1186 - Page 3 of 3 Exhibit 1 June 20, 2019 1}' CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street PAGE 1 Okeechobee, Florida 34974 863-763-3372 X 9820 Fax. 863-763-I686 ABANDONMENT OF RIGHT-OF-WAY PETITION PETITION NO. Appl>tcai�on. ,fee (non refundable) Date Fee Paid: Receipt No: 4q 35 Li- $600 0.4 Note: (Resolution No. 98-11) Schedule of Land TRC Meeting: Publication Date: 5- 16 - E q Letters Mailed: Development egulation Fees and Charges When the cost forr advertising publishing and mailing notices of public hearings exceeds the PB/BOA Meeting: ail Publication Dates: Letters Mailed: City Council 15C Reading: - In -l ;E CMR Letter E-mailed: established fee, or when a professional consultant is hired to advise the city on the City Council Public Hearing:?, b.)Publication Date: application, the applicant shall pay the actual costs. Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch.177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right-of-way. Legal Description of the IRight-of-Way to be Abandoned: Note: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863-763-3154. Purpose of the Right -of -Way Abandonment: y /X S�y /y � t r fit. cf O Z/�� ' ''�3�' !� S� ffy F S � �?sc�-�� /�'i�1?1'►��d� �V� /i(,� C� .� <.✓ ©�� : f i%1�.� � �UJ �O/l�L That portion of SE 4th Street (f/k/a Avenue A), running E to W, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of SE 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2nd Addition to Okeechobee, Plat Book 1, Page 13, and is approximately 40 feet by 373.5 feet, Public Records of Okeechobee County, Florida. " CanfaC%'r rn-f6rM&, T7c'fi PAGE 2�1Yi Boyce 5-0 - 744 -- f a33 Ctennis COdenrusbcyce— PO XOM PETITION NO. Name of property owner(s): Owner(s) mailing address: 5-K Ate, 2 • Owners) a -mail address: Owner(s) daytime phone(s): �; - 30 /`--) Q Fax: Required Attachments Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS V/ Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right-of-way. List of all property owners within 300' of subject property (See Information Request Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Utility Companies Authorization Form. (See attached) i Supplementary supporting information: Copy of recorded Plat of the Subdivision where right-of-way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE; If there are other property owners that are contiguous to the subject right-of- way, a notarized letter must be attached with the following information. date, their name(s), what property they own, and whether they object to or consent to the right-of-way abandonment (See attached sample letter) Confirmation of Information Accuracy I hereby certify that the information contained in and/or attached with this petition is correct. The information included in this petition 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 result in the summary denial of this petition. Signature Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78-33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1s Pro..osed:;v c t: :•w a_atzon,is o..-sts.ent�wit_.,the�,Goin ` 1 u ..3i r`.Crs"'F- a-•, ;:� c'�v..%;'"w `�4�i¢:°'w a-..Sx Y+.r 4; .� 2 Ri ht�of vM to�be_}yacate�s�notN3tli'e`�sole access to an; , Wig; ers +. a�""nd`tl exrema� in ac ess} siotan��ea°°sement- ` :,+�"i'Er �,'r.� 1.�.�.....-�,. ?n. 3ro qse VIa,_;cation�he ublicsiiterestaand, ro�tdesrarbenefitto the, Chi_ - , „ . XI "Pro wos�Cation wouldMjardize thelocatio $ofan; util~`r ? The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). Checklist for Abandonment of Right -of -Way Pptitinn Nn- R s n-ormotibnand Attachments JR Ck"Mm 1 Application fee (non-refundable) $600.00 Note: (Resolution No. 98-11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 2 Completed and signed petition 3 Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. 4 Letters of Consent or Objection. (if more than one property owner is involved and they are not signing the petition). 5 Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right-of-way. V" 6 List of all property owners within 300'of subject property (See Information Request Form attached) 7 Site Plan of property after abandonment. (No larger than 11x 17) 8 Utility Companies Authorization Form. (See attached) 9 Copy of recorded Plat of the Subdivision where right-of-way exists no Larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) http://67.77.91.155/BrowserViewOR/ I IIIIII il11111111 llllf if lil Illll lfll fllf FILE HUM 2016005131 OR BK 775 PG 1649 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA RECORDED 06/0.6/2016 12:35 W PM AMT $10.00 RECORDING FEES $18.50 This instrument b DEED DOD $0.70 prepared P P Y RECORDED BY G tleu6ourn and when recorded return to: Pss 1648 - 1649; (2 p4s) j Gene D. Lipscher, Esquire 1025 West Indiantown Road Suite 106 Jupiter, Florida 33458 Property Control Identification No. 3-22-37-35-0230-00040-0010 QUIT CLAIM DEED THIS DEED dated as ofthe 2--day of from Marguerite Ann D'Onofrio„ a.widower, ("Grantor"), having an address o 356 Alexander Run, Jupiter, Florida 33478, to Louis D'Onofrio, a single man, (Grantee"), having an address of 16356 Alexander Run, Jupiter, Florida 33478. WITNESSETH: That, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and. other good and valuable considerations, receipt. whereof by Grantor is hereby acknowledged, Grantor does hereby grant, bargain, sell, alien, remise, release, convey, and quitclaim unto Grantee all of the Grantor's right, title, interest, if any, in and to that certain real property lying and being in the County of Okeechobee, ;Florida, and more particularly described as: LOT 1 OF BLOCK 4, WRIGHT'S FIRST ADDITION TO OKEECHOBEE, AND LOT 1 OF BLOCK F, WRIGHT'S SECOND ADDITION TO OKEECHOBEE, ACCORDING TO THE PLATI; HERECF. RECORDED IN PLAT BOOK 1, PAGE 13, PUBLIC RECORDS:i.OF OKEECHOBEE COUNTY, FLORIDA. and LOT 12 OF BLOCK E, WRIGHT'S THIRD ADDITION TO OKEECHOBEE, ACCORDING TO THE FLATTHEREFORE R` C—P!DED IN PLAT BOOK 1, PAGE 9, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO restrictions, reservations and easements of record, applicable zoning ordinances and taxes for 2015 and subsequent years. TO HAVE AND TO HOLD the same in fee simple forever, together with all the tenements, hereditaments, and appurtenances thereun'., >'c r::ir:a or in anywise © 2016 NewVision Systems Corporation 2 of 2 3/25/2019, 2:51 PD CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It ..� U- ...i --A A ,I-e.i —;Ih � n..-f—f Fnr nnrh narenn Florida Power & Light - .P 0 p c vv44 863-467-37411 or (Z v S 0PL Donna Padgett •ram C- i s 863-467-3708 Authorized Signature Typed Name &Title Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria buchner6DcentuU nk com Authorized Signature Typed Name & Title Comcast Cable 863-763-2824 107 NW 71hAvenue Authorized Signature Typed Name & Title Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5t' Avenue Phone No. Date Phone No. Date Authorized Signature Typed Name & Title Phone No. uate *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date March 6, 20f9 Louis D'Onon'st'- 10JD0 Hlexanuer i,,un Jupiter Florida 33478-8282 via Einaii: rzuberl020(ammail.com Copied To: Ken.Lutzna?centtirvlink.com CenturyLink Okeechobee Sh 4- St & 1U Ave No Reservations/No Objection ""UB TECT: Vacate and Abandon a Portion of SE 411 St & 10' Ave, (Platted as Avenue "A"), Additions to Okeechobee Yiats; Okeechobee County AFN3-22-3 7-35-0i30- 00040-0010, 3-22-37-35-0230-OOOFO-0010, 22-37-35-0250-00000-0120 PRN 811390 Dear Mr. D'Onof-c- Embarq Florida Inc., d/b/a Centurylink ("CenturyLink") has reviewed the request for the subject vacation -and has determined that it has no obiections:with respect to the areas proposed for vacation as shown and/or described on Exhibit "A". said Exhibit "A" attached hereto and incorporated by this reference. It is the intent and understanding of CenturyLink that this Vacation shah not reauce our rignts to any other existing easement or rights we have on this site or in the area. this vacation response is submitted WITH THE STIPULATION that if CenturvLink facilities are found an"r damaged within the vacated area as described, the Applicant will bear the cost of relocation and repair of said facilities. If you have any questions or would _like to discuss this action further, please contact Stephanie Canary at (352) 425-8763 or by email at Stephanie.Canarylaa-?,CenPn ink.com. Sincerely yours, Michael Piedukiewicz ROW Agent CITY OF OKEECHOBEE RIGHT-OF-WAY ADA14DONMENTPEVITION Utility Companies Authorhallon Form INSTRMTIONS. MUM the PeOlkm and thb form to the frAtewing utility CAimpainie-N for their coffintle"m it must be gjptd "o,dated mdtk it contact numtwr for tiach mTsqn. Florida Power A I. -467 Zi or 863-467-3708 A thof tz�d %Sm IV re -d-/—b—/ -a- , 'C' 'e—v- -t u- r y f finis 963-452.3185 Kenneth R. Lutz ken.lut,zocenturylink.com Camcast Cable -4f64 107 NW 7"1 Avenue A utharizee SitrAmrr Okeechobte Utility Authority iahrs yford 863-763.9460 1005W S- Avenue AuthinTi2f-d SIMsture T, ,qwd flmr,% T`tlt Mom Nn. Dots 'Kenneth R ".Wz 4 Typed Name & Tatie Typed Name & Title Phms No. 0 1/ '0 19 DAw Phone 'No. Daft Typc-d Name &' ride Mane No. Date *MUIKM ONLY FOR CITY OFOKEECIIOSEE& FIRST ADDITION I0 CITYOF 0MCHOBEE SUBDIVISIONS I . i� , M . ric Estate Gil CUMMII, CIDJrustev 86.3-763-3154 jkuthor.ttd Sipaiure TYW Nanit A Mont- No. 02to | . ��--' ------� | ---' _- . .^ ' � . ' . ^ ^ � Ave 'A^aka 41"Street tobeVacated. 4apYrui_0keechobce-County-Propeny-Aoprlser_1-16-2019 PMA; 1 J•---se _ -i' I Ilk i Y ra• t 1 , .'L `r I a o eo I� lee pro ao iy ]ee cart Okeechobee County Property Appraiser Miq� mmllO+..am». rwn.le a,m+.n 32"7•a5o25000000.012D 1,x 4i Mw I...K: xOTFs; nw::llaellusw11I31Lvl Ixht¢It t (PARCEL: D•ONOFTOO LOWS pie C. dMile. T•�� Dnmer:tnsetlLLEYNQERRW M1LItl &eXP I'pp^ . ss,'A N mvmm vTe.—, A.Ud W IOT"ATE. ul��wm atle w cn:pl w sw. In If' Yii c r'�':•. b° Lys TaY aMrty� I I Ta etltlwS5290 ncit.asysa Ok—h.h. Ceen7 FL IIY HvmnW.�rruvl�i Rw Jn.�l.kl�wa �•xy,IN LYJv04 dvLwlev]MYsc.1NMv'w.Aw.vFlYMtivy.nmvmMyvlxvvvlv�w.N....+.nvnl Il.i. Irawrvle...Mwnbtl.rms....M..n:wn4x.a.n.nripJanPA�mvinrw..Nwrvi...•4.^.rrL WGv.mN.abrn.�-�'Tdn. !-s.Mnva..�n.me.iwnm'n/In+T.nP^^J^.4M•w^LtiM iMmntl+nevT�a.tn e. Mn ^n^11m WMa+R.l�vryhv^nm W. - http: //94 b.o ke.e c ilobee p a.c om/ Z; S/E; sY -ri at/ 14th Street to be Vacated Matted Avenue "A" in Wright's 1 st, 2nd & 3rd Addition. ! i of 1 111612019. 11:51 PM CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each Person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature V V Embarq d/b/a Century Link 407-814-5318 Victoria Buchner Victoria buch_nerPcenturvlinktam Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 7eh Avenue 'Li`G��`� �,G6� �GiN�-✓ C�'-�sr�rcTp.,� <<r.��,,,,Y�aL 3 S /� Authoria Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW Soh Avenue Authorized Signature Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date Johnson, Rick From: Johnson, Rick Sent: Tuesday, March 5, 2019 8:37 AM To: Gorman, Kirk Subject: RE: Right of way Abandonment Petition Yup got it From: Gorman, Kirk <Kirk_Gorman@cable.comcast.com> Sent: Monday, March 4, 2019 6:47 PM To: Johnson, Rick<Rick_Johnson@cable.comcast.com> Subject: FW: Right of way Abandonment Petition Rick — Is this something that you handle? From: Brown, Shaunaye Sent: Monday, March 4, 2019 3:25 PM To: Gorman, Kirk <Kirk GormanCa@cable.comcast.com> Subject: Right of way Abandonment Petition Good afternoon, Customer is trying to get utility companies authorization forms completed. Can you complete forms if possible and send back to customer, below is the customers contact information. Attached are the documents that need to be completed, if you can assist or direct to correct department to complete for customer, please. Customers name: Louis D'Onofrio Contact: 561-301-7071 Thank you Shaunaye Brown OW CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner vi ctori a.bu chn er@century] ink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 7th Avenue Date Authorized Signature Typed Name & Title Phone No. Okeechobee Utility Authority (CU14 John Hayford akr��-5LO 4 4. f -, e OS Q oeL 4. Q 863-763-9460 a 1 � rc iC C . lam 100 SW 51h Avenue n �,"4 tCA ue st PcK�iy� O�i� c7b r 86��J13—y¢d d . thorize igna Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date 17 _ M rn mm CJ m 1iJ ! go .._.. .. .._.. .. I Q t Q � 2� Q. Q Q a Q 4J 0 SE STH ST SE 4TH ST m M m , (o a m go m SE STH ST Q Q 1 © I Q ff { Q V I 0 700 200 300 400 500 000 700 800 900 1000 ft Okeechobee County Property Appralser Mickey L. Sandi I Okeechobee, Florida 1863-763-4422 PARCEL: 3-22-37-35-0230.00040-0010 1 SINGLE FAM (000100)1 0.166 AC ;NOTES: WRIGHTS FIRST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 13) LOT 1 BLOCK 4 t3'ONOFRIO LO.UIS Ow ner: 16356 ALEXANDER RUN JUPITER, FL 334788262 Site: 400 SE 10TH AVE, OKEECHOBEE Sales 5,212016 $100 I(u) Info $13112005 $741,000 1(u) 1012512002 S60.000 1(U) r• r< , 'c Okeechobee County. F L This information„ %vas derived from data v.Wch %vas complied by the Okeechobee County Preperty Appraxer Office solely for the governmental purpose of properly assessment. This information should not be re" d upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or: mplied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although itis per'odically updated, this information may not reflect the data currendyen rile in the Property Appraisers once. GrizziyLogic.com i I 1 I I ! I I I I I I I I I I I I I I 1 ! I r-- , i I m , to I Z W i ru ' 1 (o ! l I 1 I I I I r7• r.n 1 I i ---I-- -�---! i W ni V. m In r .... - --r- -Z— --i I I ! I I i t I ! ! L I I I I I I I I I I I I -J—L------- . . -.... -I L_.. - U .. L. .. .o DKEECHDBEE 9II �� 1 nAN a_q m 31071.4211 i I I I i I 1 I I + I 1 I I ! ! I I I I I I I I Ir Ac SE IZM AVENUE / I i ' 7- CI In _•.II ED �rll j r, ti irr/ t e yLL i r u I •�� I I I-• •n EC .q 01 _n y W Iv,y I I SE 137H AVENUE --iW i r•� I I C'• 1 I ' IV / L_ I WATER D ROL91ON SYSTEM PLAN VIEW . . -.... -I L_.. - U .. L. .. .o DKEECHDBEE 9II �� 1 nAN a_q m 31071.4211 i I I I i I 1 I I + I 1 I I ! ! I I I I I I I I Ir Ac SE IZM AVENUE / I i ' 7- CI In _•.II ED �rll j r, ti irr/ t e yLL i r u I •�� I I I-• •n EC .q 01 _n y W Iv,y I I SE 137H AVENUE --iW i r•� I I C'• 1 I ' IV / L_ I WATER D ROL91ON SYSTEM PLAN VIEW j.,. `' -'... ,•e' ! � �..\r `it-�+-�,. _fir - �E _ � ,, �,• ,. �; d tom-:, :. � � ; �i �� Ali 73 7 35-02*5 00000 0090 (' -37 35-0280.00010-0 jt ' � f` _ •i: 3-22-37-35-0220.00000-0170; i'•' c S' 3.22-37-35-0250.00000-0110 P• ..� # 'r2C 37r 5-0280000100�50 i SUBJECT PARCEL 1-22137.-35-0280.00010-0190 t +�i f � � � — ^ I► \, SUBJECTjPARCEff-'t, ,- ~SUBJECTiPARCEI Li r (! 0.22-37 35-0280' 001 -0200 10{? !=T BUFFER 49 i� '� �� 3.22-37-35-0230.000F0-0020 � � �. 322 37 30 0�30 000 1017020, '? • -. �- ': jj I l 'f •Il. i� • f•J OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE 1, E 3-22 37 35-0230-00050-0010 CAPPETTA TERESA, CONERLY MARY IDA & CONERLY ROY JR - .77777 3-22-37-35-0230-OOOFO-0020 O'STEEN ANNA JANE 9832 ROBINS NEST RD -�r--�.-w••- - - tIlMOT�;bA - 3-22 37 35-0230 OOOFO-0030 D'ONOFRIO LOUIS 16356 ALEXANDER RUN 3_��-3��0�%OtJ41�e�� __ 0"44,NA�11�3iQU�r ____._.�.. ?�6�&fr-AL�XA�1►'�IRJi�11� _: 3 22 37-35-0230 00030-0010~ OKEECHOBEE COUNTY- 304 NW 2ND STREET �- 3-22 37 35-0250-00000-0110 CREECH DANIEL B ti 406 SW SECOND STREET 25 OQl,O-QQ$ a' 3-22-37-35-0220-00000-0140 JAIMEZ EMMA 209 SE LOTH AVE fi4 UQ:00Q OOJ`Or 3-22-37-35-0250-00000-0090 CREECH DANIEL B 406 SW SECOND STREET �2�r 7 5! 1 b-0Q00EJ;04 Q M �,�R1.go'ceMP 7 5.jYl�YY44�1- 3-22-37-35-0220-00000-0170 OKEECHOBEE COUNTY 304 NW 2ND STREET 3yZ'25-? 80-06010 _ 77�"- 3-22-37-35-0280-00010-0220 ELEADES SVETLANA� 501 SE 8TH DR ar�g-s-6�s-o...... #�=i-02 t! ` tab ��Y 1 a•�,^_�i�af rT—_ ilk 3-22-37-35-0280-00010-0200 DECARIE WILLIAM ROGER _ 511 THORNE ST i2►i3:'rD20 00070•Q1D v lS FROIV�jA1CiNAfL EUIgENE 91Q S 1 z 3-22 37-35 0270 00010-0180 BARTOE VIRGIL R & NORNETA M 827 SE 4TH STREET 13 3�i210 QQQk¢0l9AY Ca1EfllY 77�0�'1 3-22 37-35 0270-00010 0160_ FINCA SARAH FLORES`SA INC 280 W PARK DR APT 106 ~2 7r 5-A80 40QtkQ1 0 3-22 37 35-0280-00010-0140 HANCOCK PAMELA 1245 SE 21ST ST �3=2~2� 3�r(�280�U,OQS�DI3D, _ �U�iVL�1;��3.D4��•$s$��►�I�A�f��F€R_ . 3-2T 2 37 35 0280-00010-0120 ROWLAND DOUG &ROWLAND JENNIFER 805 SE 3RD CT i�" �..��1�'d,�Q-ETET�;1;�1 � SCI�1llA�R1"�<��A{all lll•5& �� .:_...�_..._..:;��S 8TH`I�R1VE BAKER JOE H & PEGGY J 14_14 S PARROTT AVE #377 �3-22-37-35-0280-00010-0090_ �'�'-��'IJ2kl�U-_�Z�#3.,4� 3-21 2-37- -027 - 35 0 00030 0010 STRAIGHT JESSE 809 SE 6TH 5T �1444 ENGLEW_OOD FL _. 342244532: YELLOWTHROAT ST HOMESTEAD FL - 33035 -._. OKEIC�B�E FL 3'49'TJk461a6°: _..Y_ BOCA RATON FL 33496 JUPITER FL - 334788282 -FL OKEECHOBEE 349720000 _ OKEECHOBEE — FL� 34974 + PL ' 3A'"j _ OKEECHOBEE FL 3497445_67 _ OKEECHOBEE _ - FL 34974 _ OKEECHOBEE FL 34972 - _ RL77 T3497Q43` OKEECHOBEE ^ 34974 QKETiBE _-FL FL 349_7.G5; HAWKSBURYONTARIO K6A2N7 _ QAlv*bA _ V 34974 OKEECHOBEE FL 349744510 _ 34974O(�I.UU: MIAMI FL 331725411 _ - OKEECHOBEE FL 349742408 717 OKEECHOBEE FL- 34974 34Q�g _ OKEECHOBEE - FL _ �349740000 L a49#�34Y1 OKEECHOBEE FL 349744502 W91OHrS 3«'A00. to Okeeoodee 1-9 WRIGHT9 THIMM ADDITION qn TD DKEECHODEE Jm9 Igx 0 I wkloHr*,t> /-'-, f2wp 14490--okeel. 1-13 "OK) I Staff Report Right -of -Way Abandonment/Street Closing Prepared for, The City of Okeechobee Council Applicant: Louis Donofrio Petition No.: 19-002-SC (Unimproved R/W of SE 41 St between SE loth Ave and Canal) I i-u i T-1 - I � 1375 Jad fai StreeF 206 frorl Myers, fl 33901 Staff Report Right -of -Way Abandonment Request Applicant: Louis D'onofrio Petition No. 19-002-SC The matter before the Planning Board is an application to abandon the east -west 373.5- foot long, 40-foot wide unimproved right-of-way of SE 4th St. between SE 10t' Ave and a canal, more particularly described in the legal description of the property. The requested abandonment encompasses 14,940 square feet (0.34 acres). The Applicant makes the following statement on his petition application: "S.E. 4th street is a dead end road. I'm taking care of it. It in middle of my property that I'm maintaining and I would like to improve my house and land." General Information Louis D'onofrio Applicant 16356 Alexander Run Jupiter, FL 33478 Site Address The east -west unimproved right-of-way of SE 4th St. between SE 10th Ave and a canal Contact Person Dennis M. Boyce, PA Contact Phone Number 561-744-1233 Contact E-mail Address dennis@dennisboycepa.com Legal Description of Subject Property That portion of SE 4th Street (f/k/a Avenue A), running E to W, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of SE 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2"d Addition to Okeechobee, Plat Book 1, Page 13, and is approximately 40 feet by 373.5 feet, Public Records of Okeechobee County, Florida Characteristics of the Subject Property Future Land Use Map Classification Zoning District Use of Property Acreage L,Rue- ptanni.ng Existing Single -Family Residential Proposed Single -Family Residential RMF - Residential Multi -Family & RMF - Residential Multi -Family & IND - Industrial IND - Industrial Vacant, unimproved street R/W Residential 14,940 sf (0.34 acres) 14,940 sf (0.34 acres) Staff Report Right -of -Way Abandonment AERIAL Applicant: Louis ®'onofrio Petition No. 19-002-SC The subject of the abandonment/vacation, the 40' by 373.5' vacant, unimproved right-of- way of SE 4t" Street is outlined in - and the existing land uses in the vicinity are shown below on the aerial photograph from the Property Appraiser's office. The Applicant owns all three of the surrounding parcels. i.-R�- Manning 2 Staff Report Right -of -Way Abandonment Applicant: Louis D'onofrio Petition No. 19-002-SC FUTURE LAND USE The subject of the abandonment/vacation, the 40' by 373.5' vacant, unimproved right-of- way of SE 4th Street, is outlined in and the existing Future Land Use Map designations are shown on this excerpt from the City's Future Land Use Map. All surrounding properties are designated Single Family Residential and it seems appropriate to place the same designation on the vacated property. r s ,z 1 Ci 31 30 9 Ll1 14 298 • - 15 27 11 12 — --- % •h ----- SG' -- �y.: W�V 13 8 6 25 24 S.E. 3RD CT. 9 17 4 2z • 10 18 3 's 21 2a 016 15 14 11 t9 2 19 12 20 17 CO 17 S. E.4 TH ST 16 18 19 ., 1 2 Cn ? 4 3 20 3 5 b �4 3 8 7 23 6 6 i 12 11 1 S. E. 5 TH ST COMPREHENStWE PLAN LANE, USE VULTi - AMiLY _ `i TLAL MIXED USE L.aR— planning Staff Report Right -of -Way Abandonment ZONING Applicant: Louis ®'onofrio Petition No. 19-002-SC The subject of the abandonment/vacation, the 40' by 373.5' vacant, unimproved right-of- way of SE 4t" Street is outlined in and the existing zoning designations are shown on this excerpt from the City's Zoning Map. The northern adjacent parcel is designated Industrial and the southern adjacent parcels are designated Residential Multifamily. Since the applicant is currently using the property as a residential use, it seems appropriate to designate the proposed vacated area as Residential Multifamily. 4 O 10 9 s W 11 12 •, 13 S.E. 3RD CT. �' 9 14 16 10 15—� 12 ' �17 1 s 1 s1 <. i W Ui 20 c ✓` `� Y 23 '• � J 1 a .ZONING = . -=C r.EYrAL L= _ 30 1 29 2$ _ 27 2625 16 24 1� 1 23 22 t8 3 21 20 19 2 j 19 17 10 y S.E. 5--T.H ST L-K•.- 4 pfanning Staff Report Right -of -Way Abandonment Consistency with Sec. 78-33, Vacation of Rights -of -Way Applicant: Louis D'onofrio Petition No. '19-002-SC Sec. 78.33 states that applications to vacate an alley or public right-of-way may be approved upon a finding by the City Council that the following requirements have been met. The Applicant's responses are provided in Times Roman typeface and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in Calibri. REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. There is nothing in the City's Comprehensive Plan "Single family Residential zoning — concerning abandonment/vacation of alleys. Vacation provides continuous access for improving property" 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an All three parcels bordering the alley are owned by the easement. applicant and two of those parcels have access to SE "Right of way is surrounded by loth Ave. petitioner's property." 3. Proposed vacation is in the public The proposed right-of-way area to be vacated has not interest and provides a benefit to the been improved to facilitate vehicular traffic. Turning City. over maintenance responsibility to the Applicant and "In public interest to provide adding this property to the City tax rolls will be a benefit improvement and stronger tax base" to the City. 4. Proposed vacation would not The Applicant has received authorization from all jeopardize the location of any utility. necessary utility entities. However, it may be necessary "City water and front of property to reserve a portion of this property as an easement in septic." order to preserve access to the canal. Technical Review Committee Recommendation The TRC reviewed this request on May 16, 2019 and voted 5-0 to approve this request with the condition that a 12 foot wide easement be provided on the north side of lot 12 in order to facilitate maintenance to the canal. L-K_ planning Staff Report Right -of -Way Abandonment Applicant: Louis D'onofrio Petition No. 19-002-SC The Planning & Zoning Board reviewed this request on June 20, 2019 and voted 4-1 to approve this request with the condition that a 12 foot wide easement be provided on the north side of lot 12 in order to facilitate maintenance to the canal. Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley vacation/abandonment can be considered consistent with the requirements of Sec. 78-33. Staff recommends approval with the condition that: a 12 foot wide easement on the north side of lot 12 be provided for maintenance access to the canal. Submitted by: Benjamin L. Smith, AICP Sr. Planner LaRue Planning June 10, 2019 TRC Meeting: May 16, 2019 PB/BOA Meeting: June 20, 2019 City Council 1st Reading: July 16, 2019 City Council 2nd Reading and Public Hearing: August 6, 2019 L,K ptanning MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, MAY 16, 2019, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 CALL TO ORDER - Chairperson. The May 16, 2019, Technical Review Committee (TRC) meeting was called to order at 10:03 a.m. by Chairperson Montes De Oca. STAFF ATTENDANCE - Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffery Newell - Present Fire Chief Herb Smith - Present Police Chief Robert Peterson - Absent (Major Donald Hagan in attendance) Public Works Director David Allen - Present Non -Voting Ex-Officio Members: City Attorney John R. Cook - Present City Planning Consultant Ben Smith - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Victor Faconti - Absent OUA Executive Director John Hayford - Present School District Representative - Absent Committee Secretary Patty Burnette - Present (Ms. Jackie Dunham, General Services Secretary, in attendance as well) III. AGENDA - Chairperson. Chairperson Montes De Oca asked whether there were any requests for the addition, deferral or withdrawal of items on today's Agenda. There being none the Agenda stands as published. IV. MINUTES - Secretary. Fire Chief Smith moved to dispense with the reading and approve the Minutes for the regular meeting held January 17, 2019; seconded by Building Official Newell. Motion carried unanimously. V. NEW BUSINESS - Secretary. A. Abandonment of Right -of -Way Petition No. 19-002-SC, requests to vacate that portion of Southeast 4th Street (f/k/a Avenue A), running East to West, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast loth Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2nd Addition to Okeechobee, Plat Book 1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet - Senior Planner. Planning Staff Report: Planning Consultant Smith explained the Applicant, Mr. Louis D'Onofrio, owns all of the contiguous parcels and currently maintains the right-of-way. He has obtained all of the necessary utility companies' authorizations. TRC - May 16, 2019 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Petition No. 19-002-SC continued. Planning Staff Report continued: Planning Staffs responses to the required findings are the property is designated Single Family on the Future Land Use Map. The right-of-way is not the sole means of access to any property. All three parcels bordering the right-of-way are owned by the Applicant and two of those parcels have access to Southeast loth Avenue. The proposed right-of-way area to be vacated has not been improved to facilitate vehicular travel. Turning over maintenance responsibility to the Applicant and adding this property to the City tax rolls will be a benefit to the City. Finally, the Applicant has received authorization from all necessary utility entities however, it may be necessary to reserve a portion of this property as an easement in order to preserve the canal. Planning Staff is recommending approval based on these findings. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: Public Works Director Allen discussed needing an easement for access to the Augustus Canal for maintenance purposes. Police Department: No issues were received. Building Official: Building Official Newell inquired as to why the Applicant was not asking to abandon the small portion of the East to West right-of-way between Lot 1 of Block F and Lot 1 of Block 4. Secretary Burnette clarified the entire right-of-way would need to be petitioned to be abandoned. The consent of the contiguous property owners would be needed as well as the utility company's authorizations. She had previously discussed this with Mr. D'Onofrio when he submitted his Application. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. Mr. Dennis Boyce, P.A., and Mr. Louis D'Onofrio, the Applicant and Property Owner, were in attendance. Mr. Boyce inquired as to what the Future Land Use (FLU) and Zoning designations would be for the right-of-way should the abandonment be approved. Planning Consultant Smith replied the FLU would be Single Family Residential, which is the current FLU of the surrounding parcels and the Zoning would be Residential Multiple Family, which is currently how those surrounding parcels are zoned. Chairperson Montes De Oca then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the Application or visited the site. There were none. Motion and second was offered by Building Official Newell and Fire Chief Smith to approve Abandonment of Right -of -Way Petition No. 19-002-SC to vacate that portion of Southeast 4th Street (f/k/a Avenue Al running East to West lying South of Lot 12 of Block E Wrights 3rd Addition to Okeechobee, Plat Book 1 Page 9 West of Southeast 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4 Wrights 1st and 2nd Addition to Okeechobee, Plat Book 1 Page 13 Public Records Okeechobee County, and is approximately 40 feet by 373.5 feet. TRC - May 16, 2019 - Page 2 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Petition No. 19-002-SC continued. Building Official Newell offered to amend the motion on the floor to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 19-002-SC, to vacate that portion of Southeast 41" Street (f/k/a Avenue A), running East to West, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2nd Addition to Okeechobee, Plat Book1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet, with the following condition: Public Works easement of 12 feet required on the north side on Lot 12 of Block E. Fire Chief Smith seconded the amended motion. Motion and second was offered by Building Official Newell and Fire Chief Smith to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 19- 002-SC, to vacate that portion of Southeast 4th Street (f/k/a Avenue A), running East to West, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2nd Addition to Okeechobee, Plat Bookl, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet, with the following condition: Public Works easement of 12 feet required on the north side on Lot 12 of Block E. Motion carried unanimously. VI. ADJOURNMENT- Chairperson. There being no further items on the Agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:16 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee 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 Service's media are for the sole purpose of backup for official records of the Department. ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary TRC - May 16, 2019 - Page 3 of 3 CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3Ro AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 DRAFT SUMMARY OF BOARD DISCUSSION FOR JUNE 20, 2019 I AGENDA I DISCUSSION I. CALL TO ORDER — Chairperson, Regular Meeting, June 20, 2019, 6.00 P.M. II. OPENING CEREMONIES: Pledge:of Allegiance led by Chairperson He III. CHAIRPERSON, MEMBER AND STAFF A Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier . Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Felix Granados Alternate Board Member Jim Shaw Board Attorney John R. Cook City Planning Consultant Ben Smith Administrator Marcos Montes De Oca Board Secretary.Patty Burnette NO WE — Secretary's IV. AGENDA — Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members or the Public. V. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop. PAGE 1 OF 7 In the absence of the Chairperson and Vice Chairperson, Secretary Burnette called the June 20, 2019 meeting to order at 6:04 p.m. and instructed those present to appoint a Chairperson Pro-Tempore to preside over the meeting. By consensus of the Board, Member Brass was appointed. The Pledge of Allegiance was led by Chairperson Pro-Tempore Brass. Board Secretary, Bumetb Absent (with consent) Absent Present Present Absent (with consent) Present Present Absent (with consent) Present (moved to votinc Absent (with consent) Present Absent (with consent) Present Chairperson Pro-Tem Brass asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. There being none the agenda stands as published. Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop; seconded by Member McCreary. There was no discussion on this item. JUNE 20, 2019 - PLANNING BOARD - PAGE 2 OF 7 AGENDA DISCUSSION V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Board VOTE Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop HOOVER - ABSENT McCoy - ABSENT BAUGHMAN- YEA BRASS - YEA CHARTIER - ABSENT continued. JONASSAINT - YEA MCCREARY- YEA GRANADOS -ABSENT SHAW - YEA MOTION CARRIED. VI. UNFINISHED BUSINESS r —Secretary. A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public Secretary Burnette read into the record Form 86 Memorandum of Voting Conflict for County, Municipal, and other Officers related to Rezoning Petition No. 19-003-R on April 18, 2019. Local Public Officers related to Rezoning Petition No. 19-003-R which was received on April 18, 2019, and filed by Alternate Board Member Rick Chartier, address 2017 Southwest 671h Drive, Okeechobee Florida, and made a part of the official record filed in the permanent Minute File for this meeting. VII. OPEN PUBLIC HEARING — Chairperson. CHAIRPERSON PRO-TEM BRASS OPENED THE PUBLIC HEARING AT 6:08 P.M. A. Abandonment of Right -of -Way Petition No. 19-002-SC, to vacate a Abandonment of Right -of -Way Petition No. 19-002-SC, to vacate a portion of Southeast 4th Street from Southeast portion of Southeast 4th Street. from Southeast 10th Avenue westward to 10L� Avenue westward to deadend (approximately 40-feet by 373.5-feet). deadend (approximately 40-feet by 373,5-feet) (Exhibit 1). L' Review TRC Recommendation — approval with special conditions. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. Mr. Smith explained the Applicant, Louis D'Onofrio, is requesting to abandon the east -west 373.5-foot long, 40-foot wide unimproved right-of-way of Southeast 4th Street between Southeast 10th Avenue and a canal. The Applicant owns all of the contiguous properties which encompass Lot 12 of Block E, Lot 1 of Block F, and Lot 1 of Block 4. ThRon was reviewed at the May 16, 2019, Technical Review Committee Meeting, a recommendation was made for approval with the following special condition: the City of Okeechobee Public Works Department requires an al ess easement of 12-feet on the north side of Lot 12, Block E, to facilitate maintenance to the canal, Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Single Family on the Future Land Use Map. The right-of-way is not the sole means of access to any property. All three parcels bordering the right-of-way are owned by the Applicant and two of those parcels have access to Southeast 10th Avenue. The proposed right-of-way area to be vacated has not been improved to facilitate vehicular travel. Turning over maintenance responsibility to the Applicant and adding this property to the City tax rolls will be a benefit to the City. Finally, the Applicant has received authorization from all necessary utility entities however, it may be necessary to reserve a portion of this property as an easement in order to preserve the canal. Member Brass relayed her concern as to whose responsibility it would be for maintaining the proposed Public Works easement and assurance that nothing would be blocking accessibility to the easement. Mr. Smith replied it would be the Applicant's responsibility for maintenance and that structures could not be built in the easement. JUNE 20, 2019 - PLANNING BOARD - PAGE 3 OF 7 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. A. 2. Hear from the Property Owner or Designee/Agent - Mr. Louis D'Onofrio. Chairperson Pro-Tem Brass asked whether the property owner or designee/agent wished to speak. Mr. Louis D'Onofrio, was in attendance and available for questions. Member Shaw inquired as to what the Applicant's intended use would be for the property should the abandonment be approved. Mr. D'Onofrio responded he wished to finish making repairs to the residence, add a small driveway and just generally clean up the property so that he could reside there. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. AwAilk re of Ex-Parte Communications by the Board. Consider a recommendation to the City Council to approve or deny Petition No. 19-002-SC. Board discussion. Vote on motion; - B. Consider LDR Text Amendment Application No. 19-001-TA, amending Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; an application and proposed fee for Parking Reduction Requests (Exhibit 2). 1. Presented by Planning Staff. Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There were none. The Petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 25 surrounding property owners. Chairperson Pro-Tem Brass asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Motion and a second offered by Members Baughman and Jonassaint to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 19-002-SC, to vacate a portion of Southeast 41h Street from Southeast 10th Avenue westward to deadend (approximately 40-feet by 373.5-feet) with the following special condition: the City of Okeechobee Public Works Department requires an access easement of 12-feet on the north side of Lot 12, Block E, Wright's 3b Addition to Okeechobee, Plat Book 1, Page 9, Public Records of Okeechobee County, Florida, to facilitate maintenance to the canal. Chairperson Pro-Tem Brass asked whether there was any further discussion. There was none. VOTE HOOVER - ABSENT McCoy - ABSENT BAUGHMAN- YEA BRASS - NAY CHARTIER - ABSENT JONASSAINT - YEA MCCREARY- YEA GRANADOS - ABSENT SHAW - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for August 6, 2019, 6:00 P.M. The following proposed Land Development Regulations (LDR's) Text Amendments, provided through Application No. 19-001-TA, amends Code Book Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; and Appendices A, B, and C, which stem from a Workshop held on May 16, 2019. Refer to those minutes for additional discussion regarding each of the areas discussed. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. Exhibit 2 contained a copy of two memorandums dated June 12, 2019, one with the subject titled "LDC Revisions -Retail Service, Personal Service, Pawnshops and Bars", (one page) and the other subject titled JUNE 20, 2019 - PLANNING BOARD - PAGE 4 OF 7 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. B.1. Presented by Planning Staff for Application No. 19-001-TA continued. "Appendix Revisions -Parking Reduction Petition" (one page). The memorandums provided background and purpose of each proposed amendment. The Exhibit also contained a copy of the text amendment in a draft ordinance, (eight pages) as well as a draft resolution (three pages) which provided the exact language to be added or deleted to each section of the code. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary, 3. Disclosure of Ex-Parte Communications by the Board. a) Consider a recommendation to the City Council to approve or deny Application No. 19-001-TA. IChairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There were none. Chairperson Pro-Tem Brass asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the Application. None were offered. Motion and second was offered by Members McCreary and Jonassaint to find LDR Text Amendment Application No. 19-001-TA consistent with the Comprehensive Plan, and recommend to the City Council approval of the following sections as presented: Add definition for "pawnshop" to Section 66-1, Definitions, to read as follows: Pawnshop means an establishment where items may be bought outright or left as collateral in order to borrow money; and which those same items may be sold. Amend Section 66-1, Definitions, Service, personal, by deleting the word "pawnshop" from the list. Amend Section 66-1, Definitions, Service, retail by deleting the words"restaurant, take-out restaurant, cafe, pawnshop" and the wording "as well as a bar or tavem for on premise consumption of alcoholic beverages" Amend Sections 90-282, 90-342, and 90-402, by adding 'pawnshop" to the list of permitted uses in the Heavy Commercial (CHV), Industrial (IND), and Mixed -Use Planned Unit Development (PUD-M) Districts. Amend Sections 90-223, 90-253 and 90-313, by adding "pawnshop" to the list of special exception uses in the Commercial Professional and Office (CPO), Light Commercial (CLT), and Central Business District (CBD) Zoning Districts. Amend Sections 90-312, 90-342, and 90-402, by adding "bar" to the list of permitted uses in the CBD, IND, and PUD-M Districts. Amend Sections 90-312, 90-342, and 90-402, by adding 'restaurant, take-out restaurant and cafe" to the list of permitted uses in the CBD, IND, and PUD-M Districts. Amend Appendices A, B, and C to include submittal requirements and processing standards for applications for AGENDA VII. PUBLIC HEARING ITEM CONTINUED. B. 4. a) Consider a recommendation to the City Council to approve or deny Application No. 19-001-TA continued. b) Board discussion. c) Vote on motion.` CLOSE PUBLIC HEARING - Chair Vill. RECESS REGULAR MEETING AND,C A. Planning Staff Report Topics (Exhibit 3), 1. Restaurant parking requirements. 2. Minimum square footage for single family dwellings. .TUNE 20, 2019 - PLANNING BOARD - PAGE 5 OF 7 DISCUSSION parking reduction petitions, as well as an application form; standards for parking study submittals; and adding a fee. Chairperson Pro -Tern Brass asked whether there was any further discussion. There was none. VOTE HOOVER - ABSENT McCoy - ABSENT BALIGHMAN- YEA BRASS- YEA CHARTIER - ABSENT .JONASSAINT - YEA MCCREARY- YEA GRANADOS - ABSENT SHAW - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for August 6, 2019, 6:00 P.M. CHAIRPERSON PRO-TEM BRASS CLOSED THE PUBLIC HEARING AT 6:26 P.M. CHAIRPERSON PRO-TEM BRASS RECESSED THE REGULAR MEETING AND CONVENED THE WORKSHOP SESSION AT 6:26 P.M. Mr. Smith explained this topic was previously discussed at the May 16, 2019 Workshop meeting and the consensus of the Board was they requested some examples as they wanted to make sure this proposal would not present higher requirements for businesses than what they are held to currently. He explained he still has further research to do and will bring the item back for discussion at the next workshop meeting. Mr. Smith reviewed his Staff Report dated June 12, 2019, explaining the City's current standard according to Section 90-169 of the LDR's is, any single-family dwelling located in a Residential Single Family -One; Residential Single Family -Two; Residential Multiple Family; or Residential Mobile Home, zoning district shall comply with the following appearance and design standards: Minimum floor area. The minimum floor area shall be 800-square feet, including the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided in subsection (10) herein. To be eligible for calculation as minimum floor area, such square footage shall be contained under a single integrated roof system. A roof system designed by the manufacturer to be a single structure shall be considered an integrated roof system under this subsection even if delivered in more than one part and assembled on site. Mr. Smith further commented that should the Board recommend increasing the single family dwelling minimum unit size, it may be appropriate to consider providing a specific standard for each zoning district where single family dwellings are a permitted use. This would allow for zoning districts with smaller lot sizes to continue to accommodate smaller dwelling unit sizes and to minimize the number of nonconformities that would be created by JUNE 20, 2019 - PLANNING BOARD - PAGE 6 OF 7 AGENDA DISCUSSION Vill. WORKSHOP ITEMS OF DISCUSSION CONTINUED. A. 2. Minimum square footage for single family dwellings continued. this proposed revision. Lastly, he explained to the Board while reviewing the existing LDR's, he discovered several sections that were not organized correctly. The RMH zoning district actually includes several sections, (90-167 through 90-172), which seem to be intended to apply to multiple zoning districts. He suggests either creating a new division in the LDR's to move these sections to or move them to the section that is entitled Supplementary District Regulations. Discussion among the Board Members touched on if the minimum floor area requirement includes the area of an attached garage, would that then mean the garage could be actually bigger than the single family dwelling and also what does a single integrated roof system mean. Mr. Smith commented he would need to research the Florida Building Code to see if there is a minimum requirement for a single family dwelling as it seems like the actual dwelling should be larger than the attached garage. He explained a single integrated roof system would mean sharing the same single roofing structure. Consensus of the Board was to allow the Planner time to research the Florida Building Code'to determine if there are square footage requirements for the actual dwelling and they liked his recommendation of moving Sections 90-167 through 90-172 to a different section of the LDR's instead of just being included in the RMH zoning district. Mr. Smith reviewed his Staff Report dated June 12, 2019 explaining he was directed to address the issue of mobile food vendors also known as food trucks as they are not specifically addressed in the City's LDR's. Currently in Section 14-121 of the City's LDR's it states, sales of merchandise on City -owned or leased properties, or on City road rights -of -way lying within the City, is prohibited. Additionally, mobile food vending is not specifically allowed in any of the City's zoning districts and would not meet the standards for restaurants or other food service establishments without approval of a site plan that included considerations for parking, bathrooms and other standards. Except for the allowable exemption for special events provided in Section 14-141 of the LDR's, it is staff's opinion that mobile food viloing, is effectively prohibited within the City. In order to provide the Board with a full understanding of the potential b ' fits and the potential problems associated with mobile food vending, he has provided two articles, Planning for Food Trucks (two pages) and Eating on the Go: Mobile Food Trucks (five pages), which provide a thorough description of the issues involved. In addition he has also provided code regulations from Okeechobee County, Fort Myers and the City of Melbourne, which demonstrate several alternative approaches to regulating mobile food vending. He offered four different options for the Board to discuss: take no action and continue to rely on the existing LDR's; strengthen the existing LDR's to specifically define mobile food vending, specifically prohibit mobile food vending, and continue the existing exemption for special events; allow for additional opportunities for mobile food vending on private property in certain situations; or allow for additional opportunities for mobile food vending on public property in certain situations. Discussion among the Board Members touched on the consensus that mobile food vending was currently prohibited. They discussed several pros and cons of permitting mobile food vendors/trucks within the City limits. Impact on small businesses, concerns with monitoring health issues, these businesses not paying property taxes, and special events AGENDA Vill. WORKSHOP ITEMS OF DISCUSSION CO A. 3. Mobile food vendors continued. RECESS WORKSH IX. REG NUED. ADJOURNMENT - Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at thisproceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. ATTEST: Karyne Brass, Chairperson Pro-Tempore Patty M. Burnette, Secretary JUNE 20, 2019 - PLANNING BOARD - PAGE 7 OF 7 DISCUSSION for nonprofit organizations. If they were allowed, then maybe they should be permitted by special exception, so specifics could be included to address parking, bathrooms, if they would be permitted to have seating, hours of operation, how many vendors would be allowed to have a permit for operating, in which zoning districts they would be permitted and should health inspections be conducted. Member Brass commented that having a mobile food truck is sometimes how a company starts out before opening a restaurant. She also offered, given the City is only a little over four square miles, and.several food trucks are located in close proximity to the City, folks do not need to travel far to find one. Member Jonassaint mentioned maybe establishing a place in the City where trucks could come once a week and set up. Discussion ensued as to where that possible location could be. They had no locations to offer. Consensus of the Board was to take no action on this topic and continue to rely on the existing LDR's. CHAIRPERSON PRO-TEM BRASS ADJOURNED THE WORKSHOP AND RECONVENED THE REGULAR MEETING AT 7:.15 P.M. There beiqWf0her items on the agenda, Chairperson Pro-Tem Brass adjourned the meeting of 7:15 p.m. Exhibit 7 July 16, 2019 C 0 11*1 Law OfficesY Ch ri.sfia nsen & Definer, P.A. 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941.377.2200 *Fax 941.377-4848 Ordinance No. 1187 January 17, 2019 Ms. Kyle Tintle f City of Okeechobee MunnicipaI Police Officers' Pension Trust Fund c/o Pension Resource Center 4360 Northlake Blvd. Palm Beach Gardens, Florida 33410 Re: City of Okeechobee Municipal Police Officers' Pension Trust Fund - Proposed Ordinance Dear Kyle: As previously discussed with the Board, enclosed please find. a proposed ordinance amending the City of Okeechobee Municipal Police Officers' Pension Trust Fund. With changes to the Internal Revenue Code (IRC) and its associated Regulations, as well as guidance from the Internal Revenue Service (IRS) and recent litigation, the following amendments to the pension plan are proposed: 1. Section 8, Disability, is being amended to more clearly identify individuals who may be eligible to apply for a disability pension in the event that they have resigned or their employment is terminated. This clarification does not change the way in which this provision has been applied or interpreted in the past. This change is being made because the current language has been challenged in litigation as being unclear and has resulted in unintended application ofthe language. Therecomm ended change clarifies the language with no change in the intended application. Subsection 7., Benefit Offsets, is also being amended to clearly identify the new minimum benefit accrual rate of2.75%, as provided for in Chapters 175 and 185, Florida Statutes, 2. Section 17, Miscellaneous Provisions, is being amended to add subsection 10., Missing Benefit Recipients. This provision is in accordance with a recent IRS Programs Compliance Memorandum that requires plans to have an approved method for locating terminated individuals who are due benefits from the plan. A proposed amendment to the Operating Rules and Procedures, outlining the specifics of this procedure is also being provided for the Board's consideration. JAN24 2019 Ms. Kyle Tintie January 17, 2019 Page 2 . Ordinance No. 1187 Section28, Deferred Retirement Option Plan, isbeing amended to remove subsection b.H., Prevention. of F,scheat and re -number the remaining subsections. The information contained in this subsection is being expanded in accordance with IRS guidance and moved to the Miscellaneous Provisions Section of the Plan where it will apply to all benefit recipients rather than just DROP recipients. 4. Section 29, ReempIoyment After Retirement, is being amended to make several changes as required by the internal Revenue Code to satisfy the qualification requirements applicable to the reemployment of a disability retiree. Additional changes have been made to clarify reemployment after receipt of early retirement benefits. 5. Section 30, Supplemental Benefit Component for Special Benefits; Chapter 185 Share Accounts, is being amended to provide that the City shall pay the Administrative expenses of the Share Plan. By copy of this letter to the Board's actuary, Gabriel, Roeder, Smith and Company, I am requesting that they provide you with a letter indicating that there is no cost associated with the adoption of this ordinance. Pleaseprovide copies of these documents to eachmember of the Board for review at the next meeting. Yours very txuly, /q44-e'i je 4—dz2vww� kILD/ksh enclosure cc: Melissa Moscovitz, with enclosure 5 GRSRetirement Consulting p:954.527.1616 F:954.525.0083 1 www.grsconsulting.com Ordinance No. 1187 February 1, 2019 Ms. Kyle Tintle Resource Centers, LLC 4360 Northlake Blvd Suite 206 Palm Beach Gardens, Florida 33410 Re: City of Okeechobee Police Officers' Pension Plan and Trust Agreement Actuarial Impact Statement Dear Kyle: As requested by H. Lee Dehner, Esq., we have performed an actuarial review of the proposed Ordinance (copy attached). Based upon our review, the proposed Ordinance: ➢ Clarifies eligibility for disability benefits. ➢ Amends the Plan to update the minimum benefit accrual rate to 2.75% for in -line -of duty disability benefits as provided in Florida Statute Chapter 185. Current accrual rate is 3.00%. ➢ Amends the Plan to add a missing benefit recipient section to comply with to comply with the Internal Revenue Code (IRC). ➢ Amends reemployment after retirement to comply with the IRC. ➢ Shifts the administrative expenses for the Share Plan from the members to the City — as of September 30, 2017 the annual administrative expenses for the Share Plan were $2,000. ➢ Provides for codification. ➢ Provides for severability. ➢ Repeals all Ordinances or parts of Ordinances in conflict herewith. ➢ Provides for an effective date. In our opinion, based upon the actuarial assumptions and methods employed in the October 1, 2017 Actuarial Valuation, the proposed Ordinance is a no cost Ordinance under our understanding of State minimum funding requirements. We understand the Board's intent for the administrative expenses to be paid by the City prospectively. Please clarify how administrative expenses will be allocated for the September 30, 2018 Share Plan allocation which has not been prepared yet. 4 Ms. Kyle Tintle February 1, 2019 Page Two Ordinance No. 1187 Please provide a signed copy of the Ordinance upon adoption for our records. If you should have any question concerning the above, please do not hesitate to contact us. Sincerest regards, Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary Enclosure cc: H. Lee Dehner, Esq. �` Retirement J Consulting ORDINANCE NO. 1187 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 888, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; AMENDING SECTION 29, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Police Officer employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee; and WHEREAS, it becomes necessary from time to time to amend said ordinances in order to clarify or restate certain provisions of the ordinance, or to enact amendments to comply with revised Federal regulations. 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 Officer for the City: SECTION 1: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby further amended by amending Section 8, Disability, subsection 1., Disability Benefits In -Line of Duty, and subsection 3., Disability Benefits Not -in -Line of Duty, subsection 7, Benefit Offset and adding subsection 8, Eligibility for Disability Benefits, to read as follows: Disability Benefits In -Line -of Duty. Any Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability was directly caused by the performance of his duty as a Police Officer, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three percent (3%) of his Average Final Compensation multiplied by the total years of Credited Service, but in any event, the minimum amount paid to the Member shall be forty-two percent (42%) of the Average Final Compensation of the Member. Ter^''^^+ed persons, either vested er non totally and permanently disabled as provided for Eligibility requirements for disability benefits are set forth in subsection 8., below. Disability Benefits Not -in -Line of Duty. Any Member with five (5) years or more Credited Service who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability is not directly caused by the performance of his duties as a Police Officer shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to the greater of (i) or (ii) where (i) is two percent (2%) of Average Final Compensation multiplied by the total years of Credited Service and (ii) is a benefit determined in the same manner as for early retirement as set forth in Section 6, subsection 4B. In any event, the minimum amount paid to the Member shall be twenty-five percent (25%) of his Average Final Compensation. Termiriated peFsons, eith^- vested or neR vested,-are.Pot benefit Of the appliGation is filed with the BeaFd 'fh' fh' i4y (30) goys #em the date otermination. if a tamely appliGation as reGeived, it shall be PFOGessed and the teFminated person shall be eligible to FeG8've a disability benefit if the Board ethepNise deteFirnines that he as Ordinance No. 1187 - Page 1 of 5 Language to he added is underlined. Language to be deleted is sNusk thWgk. totally andpermanently disabled as provided for above. Eligibility requirements for disability benefits are set forth in subsection 8., below. ***** Benefit Offsets. When a Retiree is receiving a disability pension and workers' compensation benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received from both exceed one hundred percent (100%) of the Member's average monthly wage, as defined in Chapter 440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly amount received by the Retiree does not exceed one hundred percent (100%) of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump sum amount by 83.9692. Notwithstanding the foregoing, in no event shall the disability pension benefit be reduced below the greater of forty-two percent (42%) of Average Final Compensation or two and three quarters percent (2.75%) of Average Final Compensation times years of Credited Service. 8. Eligibility for Disability Benefits. Subject to 8.(4) below, only active Members of the System on the date the Board determines entitlement to a disability benefit are eligible for disability benefits. M Terminated persons, either vested or non -vested, are not eligible for disability h-.n-.fit.- u If a Member voluntarily terminates his employment, either before or after filing an application for disability benefits, he is not eligible for disability benefits. u If a Member is terminated by the City for any reason other than for medical reasons, either before or after he files an application for disability benefits he is not eligible for disability benefits. (4) The only exception to (1) above is: a. If the Member is terminated by the City for medical reasons and he has already applied for disability benefits before the medical termination, or b. If the Member is terminated by the City for medical reasons and he applies within 30 days after the medical termination date. If either (4)a., or (4)b. above applies, the Member's application will be processed and fully considered by the Board. SECTION 2: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby further amended by amending Section 17, Miscellaneous Provisions, adding subsection 10, Missing Benefit Recipients, to read as follows: 10. Missing Benefit Recipients. The System shall follow the procedures outlined in the IRS Employee Plans Compliance Resolution System (EPCRS) Program and other applicable IRS guidance to locate any missing individuals to whom a full unreduced benefit payment is due and if, at the conclusion of such efforts, the individual cannot be located the existing procedure of cancelling payments otherwise due (provided that, if the individual is later located the benefits due shall be paid) will apply. SECTION 3: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby further amended by amending Section 28, Deferred Retirement Option Plan, deleting subsection 6.H. and renumbering the remaining subsections, to read as follows: 6. General Provisions. ***** H. PreueRtk) . Of Escheat: Ordinance No. 1187 -Page 2 of 5 Language to be added is undedined. Language to be deleted is Owk through. 4 H. Written Elections, Notification. (1) Any elections, notifications or designations made by a Member pursuant to the provisions of the DROP shall be made in writing and filed with the Board in a time and manner determined by the Board under rules uniformly applicable to all employees similarly situated. The Board reserves the right to change from time to time the manner for making notifications, elections or designations by Members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. (2) Each Member or Retiree who has a DROP Account shall be responsible for furnishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a Member or Retiree hereunder shall be deemed given if directed to him at the last such address given to the Board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the Member or Retiree notifies the Board of his address. 41. Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only from the assets of the Member's DROP Account and neither the City nor the Board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. -K J. Construction. (1) The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. (2) The titles and headings of the subsections in this Section 28 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. -L- K. Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the System. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. -M L. Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. SECTION 4: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby further amended by amending Section 29, Reemployment After Retirement, to read as follows: SECTION 29. REEMPLOYMENT AFTER RETIREMENT. 1. Any retiree under this system, fer.imay be reemployed by any public or private employer, eXGept the Gity, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this System. Notwithstanding the previous sentence, reemployment by the City shall be subject to the limitations set forth in this Section. 2. After Normal Retirement. Any Retiree who is retired under normal (OF early) retirement pursuant to this System and who is reemployed as a Police Officer and, by virtue of that reemployment, is eligible to participate in this System, shall upon being reemployed, discontinue receipt of benefits. Upon reemployment, the Member Retiree shall be deemed to be fully vested and the additional Credited Service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final Retirement. Calculations of benefits upon Retirement shall be based upon Ordinance No. 1187 -Page 3 of 5 Language to be added is underlined. Language to be deleted is slwsk-through. the benefit accrual rate, Average Final Compensation, and Credited Service (and earl„ retirement as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, Average Final Compensation (based only on the subsequent employment period and net iRGIHdiHg any period ef DROP participation), and Credited Service (and earl„ retirement reds„A+;oA faA+or if app"Gahle) as of the date of subsequent retirement. The amount of any death or disability benefit received during a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the retiree Member may select a different optional form and joint pensioner applicable only to the subsequent retirement benefit. 3 Any Retiree who is retired under normal retirement pursuant to this System who is reemployed by the City ' after that Retirement and , by virtue of that reemployment is ineligible to participate in this system, shall upon being reemployed, continue receipt of benefits for the period of any subsequent employment period. shall begin re 'A+ of honofits Adler these A'ro me+a.,nes 4. After Early Retirement. Any Retiree who is retired under early retirement pursuant to this System and who subsequently becomes an employee of the City in any capacity, shall discontinue receipt of benefits from the System. If the reemployed person by virtue of tiffs that reemployment, the Retiree is eligible to participate in this System, +hang+ person the Retiree shall accrue a seee d beRefit as preividedd feeir in subsestieR 2. above and benefit payments shall remaiR suspen duFing @Ry suGh subsequent employment peried. if the reemployed peFSGR is Ret eligible to PartiGipate 0 P this System, that peFSE)R'S pension benefit payments shall be suspeRded until the eadieF Gf te.rminatie—n A-f empleyment or SUGh tome as the reemployed retiree reaches the date that he would have been eligible for Rermal Fetiremerit undeF this system had he GORtinued empleyment and no eleGted eady retirement. "NoRrAl retirement" aas used- in this subseo-,tien shall he the, GLIFFent RGrmal re+iremeA+ date A e„idle,+ far Adler this system. be deemed to be fully vested and the additional Credited Service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final Retirement. Calculations of benefits upon retirement shall be based upon the benefit accrual rate, Average Final Compensation, Credited Service and early retirement reduction factor as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, Average Final Compensation (based only on the subsequent employment period) and Credited Service as of the date of subsequent retirement The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this Section if the Member was permitted to retire prior to the customary retirement date provided for in the System at the time of retirement. 5. After Disability Retirement. A. Subject to paragraph B. below, any Retiree who is retired under Section 8. Disability ("disability retiree"), may, subject to subsection 5. Physical Examination Requirement, of that section, be reemployed by any public or private employer, and may receive compensation from that employment without limiting or restricting in any way, the retirement benefits payable under this system. B. Any disability Retiree who subsequently becomes an employee of the City in any capacity, except as a Police Officer, shall discontinue receipt of disability benefits from the system for the period of any such employment. C. If a disability Retiree is reemployed as a Police Officer for the City, his disability benefit shall cease and Section 8, subsection 5. shall apply. 56. Reemployment of Terminated Vested Persons. Reemployed terminated vested persons shall not be subject to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early retirees for purposes of applying the provisions of this section and their status as an early or normal retiree shall be determined by the date they elect to begin to receive their benefit. 67. DROP Participants. Members —err Retirees who afe—a:—were in the Deferred Retirement Option Plan shall, following termination of employment after DROP participation, have the options provided for in this section for reemployment. Ordinance No. 1187 - Page 4 of 5 Language to be added is underlined. Language to be deleted is shack (49ugh. SECTION 5: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby further amended by amending Section 30, Supplemental Benefit Component for Special Benefits; Chapter 185 Share Accounts, deleting subsection 3.C., Allocation of Costs, Fees and Expenses and renaming subsections 3.C. through 3.D., to read as follows: 4)-C. No Right to Allocation. The fact of allocation or credit of an allocation to a Member's Share Account by the Board shall not vest in any Member, any right, title, or interest in the assets of the trust or in the Chapter 185, Florida Statutes, tax revenues except at the time or times, to the extent, and subject to the terms and conditions provided in this Section. €D. Members and DROP participant shall be provided annual statements setting forth their share account balance as of the end of the Plan Year. 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 Final Public Hearing this 16rh day of Jam, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 6th day of August, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1187 -Page 5 of 5 Language to be added is underlined. Language to be deleted is Blfu k tld eugh. Exhibit 8 July 16, 2019 Law (offices Christiansen s' I,..,:�' COPY � Ioehlnel�, P.A. . 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941-377,2200 o Fax 941.377.4848 Ordinance No. 1188 January 17, 2019 Ms. Kyle Tintle City of Okeechobee Municipal Firefighters' Pension Fund c/o Pension Resource Center 4360 Northlake Blvd, Palm Beach Gardens, Florida 33410 Re: City of Okeechobee Municipal Firefighters' Pension Fund - Proposed Ordinance Dear Kyle: As previously discussed with the Board, enclosed please find a proposed ordinance amending the City of Okeechobee Municipal Firefighters' Pension Fund. With changes to the Internal Revenue Code (IRC) and its associated Regulations, as well as guidance from the internal Revenue Service (1RS) and recent litigation, the following amendments to the pension plan are proposed: 1. Section 8, Disability, is being amended to more clearly identify those individuals who may be eligible to apply for a disability pension in the event that they have resigned or their employment is terminated. This clarification does not change the way in which this provision has been applied or interpreted in the past. This change is being made because the current language has been challenged in litigation as being unclear and has resulted in unintended application of the language. Therecommended change clarifies the language with no change in the intended application. Subsection 7., Benefit Offsets, is also being amended to clearly identify the new minimum benefit accrual rate of 2.75%, as provided for in Chapters 175 and 185, Florida Statutes. -__2.--Section-17, Miscellaneous Provisions, is being amended to add subsection 10., Missing Benefit Recipients. This provision is in accordance with a recent IRS Programs Compliance Memorandum that requires plans to have an approved method for locating terminated individuals who are due benefits from the plan, - A proposed amendment to the Operating Rules and Procedures, outlining the specifics of this procedure is also being provided for the Board's consideration. RECEIVED JAN242019 Ms. Kyle Tintle January 17, 2019 Page 2 Ordinance No. 1188 3. Section 28, Deferred Retirement Option Plan, is being amended to remove subsection 6.H., Prevention of Escheat and re -number the remaining subsections. The information contained in this subsection is being expanded in accordance with IRS guidance and moved to the Miscellaneous Provisions Section of the Plan where it will apply to all benefit recipients rather than just DROP recipients. 4. Section 29, Reemployment After Retirement, is' being amended to make several changes as required by the Intemai Revenue Code to satisfy the qualification requirements applicable to the reemployment of a disability retiree.Additional changes have been made to clarify reemployment after receipt of early retirement benefits. 5. Section 30, Supplemental Benefit Component for Special Benefits; Chapter 175 Share Accounts, is being amended to provide that the City shall pay the Administrative expenses of the Share Plan. By copy of this letter to the Board's actuary, Gabriel, Roeder, Smith and Company, I am requesting that they provide you with a letter indicating that there is no cost associated with the adoption of this ordinance. Pleaseprovide copies ofthese documents to eachmember ofthe Board forreview at thenext meeting. Yours very truly, /(�4�"049�� H. Lee Dehner HLD/ksh enclosure cc: Melissa Moscovitz, with enclosure Retirement k2R Consulting P:954.527.1616 F:954.525.0083 I www.grsconsulting.com Ordinance No. 1188 February 1, 2019 Ms. Kyle Tintle Resource Centers, LLC 4360 Northlake Blvd Suite 206 Palm Beach Gardens, Florida 33410 Re: City of Okeechobee Firefighters' Pension Fund Actuarial Impact Statement Dear Kyle: As requested by H. Lee Dehner, Esq., we have performed an actuarial review of the proposed Ordinance (copy attached). Based upon our review, the proposed Ordinance: ➢ Clarifies eligibility for disability benefits. ➢ Amends the Fund to update the minimum benefit accrual rate to 2.75% for in -line -of duty disability benefits as provided in Florida Statute Chapter 175. Current benefit accrual rate is 3.00%. ➢ Amends the Fund to add a missing benefit recipient section to comply with to comply with the Internal Revenue Code (IRC). Amends reemployment after retirement to comply with the IRC. ➢ Shifts administrative expenses for the Share Plan from the members to the City— as of September 30, 2017 the annual administrative expenses for the Share Plan were $2,000. ➢ Provides for codification. ➢ Provides for severability. ➢ Repeals all Ordinances or parts of Ordinances in conflict herewith. ➢ Provides for an effective date. In our opinion, based upon the actuarial assumptions and methods employed in the October 1, 2017 Actuarial Valuation, the proposed Ordinance is a no cost Ordinance under our understanding of State minimum funding requirements. We understand the Board's intent for the administrative expenses to be paid by the City prospectively. Please clarify how administrative expenses will be allocated for the September 30, 2018 Share Plan allocation which has not been prepared yet. A 3 Ms. Kyle Tintle February 1, 2019 Page Two Ordinance No. 1188 Please provide a signed copy of the Ordinance upon adoption for our records. If you should have any question concerning the above, please do not hesitate to contact us. Sincerest regards,g , 7� - L-"� p 0 Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary Enclosure cc: H. Lee Dehner, Esq. Retirement 4ZG R Consulting ORDINANCE NO. 1188 AN ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; AMENDING SECTION 29, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 175 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Firefighter employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee; and WHEREAS, it becomes necessary from time to time to amend said ordinances in order to clarify or restate certain provisions of the ordinance, or to enact amendments to comply with revised Federal regulations. 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 Officer for the City: SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Fund, adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further amended by amending Section 8, Disability, subsection 1., Disability Benefits In -Line of Duty, and subsection 3., Disability Benefits Not -in -Line of Duty, subsection 7, Benefit Offset and adding subsection 8., Eligibility for Disability Benefits, to read as follows: Disability Benefits In -Line of Duty. Any Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability was directly caused by the performance of his duty as a Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three percent (3%) of his Average Final Compensation multiplied by the total years of Credited Service, but in any event, the minimum amount paid to the Member shall be forty- two percent (42%) of the Average Final Compensation of the Member. Terminated persons eithe permanently disabled as provided for Eligibility requirements for disability benefits are set forth in subsection 8., below. 3. Disability Benefits Not -in -Line of Duty. Any Member with five (5) or more years of Credited Service who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability is not directly caused by the performance of his duties as a Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to the greater of (i) or (ii) where (i) is two percent (2%) of Average Final Compensation multiplied by the total years of Credited Service and (ii) is a benefit determined in the same manner as for early retirement as set forth in Section 6, subsection 4B, providing for an actuarial reduction. In any event, the minimum amount paid to the Member shall be twenty-five percent (25%) of his Average Final Compensation. TeFFAiRated peFSORS vPqtPd or non vested, aFe not eligible fer disability benefits. Niatwithsta seRtenGe, if a Member is tewAinated by the Gity for mediGal reasons, the terminated perSall may apply 4)F a disability benefit if the appli(GatieR is filed with the Board withiR thirty (30) days 49m the date. 0 te-FrAipatip-R. If a timely appliGation is FeGeived, it shall be PFOGessed and the termiRated person shall be eligible te FeGeive a disability beRefit if the Board othepNise determines that he 06 totally and permanently disabled as pFovided for Eligibility requirements for disability benefits are set forth in subsection 8., below. Ordinance No. 1188 - Page 1 of 5 Language to be added is underlined. Language to be deleted is �. Benefit Offsets. When a Retiree is receiving a disability pension and workers' compensation benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received from both exceed 100% of the Member's average monthly wage, as defined in Chapter 440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly amount received by the Retiree does not exceed 100% of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump sum amount by 83.9692. Notwithstanding the foregoing, in no event shall the disability pension benefit be reduced below the greater of forty-two percent (42%) of Average Final Compensation or two and three quarters percent (2.75%) of Average Final Compensation times years of Credited Service. 8. Eligibility for Disability Benefits. Subject to 8.(4) below, only active Members of the System on the date the Board determines entitlement to a disability benefit are eligible for disability benefits. M Terminated persons, either vested or non -vested, are not eligible for disability hP.. in P.fltC If a Member voluntarily terminates his employment, either before or after filing an application for disability benefits, he is not eligible for disability benefits. (3) If a Member is terminated by the City for any reason other than for medical reasons, either before or after he files an application for disability benefits, he is not eligible for disability benefits. The only exception to (1) above is: a. If the Member is terminated by the City for medical reasons and he has already applied for disability benefits before the medical termination, or; b. If the Member is terminated by the City for medical reasons and he applies within 30 days after the medical termination date. If either (4)a., or (4)b. above applies, the Member's application will be processed and fully considered by the Board. SECTION 2: That the City of Okeechobee Municipal Firefighters' Pension Fund, adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further amended by amending Section 17, Miscellaneous Provisions, adding subsection 10., to read as follows: 10. Missing Benefit Recipients. The Svstem shall follow the procedures outlined in the IRS Emolovee Plans ComDliance Resolution System (EPCRS) Program and other applicable IRS guidance to locate any missing individuals to whom a full unreduced benefit payment is due and if, at the conclusion of such efforts the individual cannot be located, the existing procedure of cancelling pavments otherwise due (provided that, if the individual is later located, the benefits due shall be paid) will apply. SECTION 3: That the City of Okeechobee Municipal Firefighters' Pension Fund, adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further amended by amending Section 28, Deferred Retirement Option Plan, deleting subsection 6.H. Prevention of Escheat and renumbering the remaining subsections, to read as follows: 6. General Provisions. Ordinance No. 1188 -Page 2 of 5 Language to be added is underlined. Language to be deleted is soh. 4 H. Written Elections, Notification. (1) Any elections, notifications or designations made by a Member pursuant to the provisions of the DROP shall be made in writing and filed with the Board in a time and manner determined by the Board under rules uniformly applicable to all employees similarly situated. The Board reserves the right to change from time to time the manner for making notifications, elections or designations by Members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. (2) Each Member or Retiree who has a DROP Account shall be responsible for furnishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a Member or Retiree hereunder shall be deemed given if directed to him at the last such address given to the Board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the Member or Retiree notifies the Board of his address. 41. Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only from the assets of the Member's DROP Account and neither the City nor the Board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. -K-J. Construction. (1) The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. (2) The titles and headings of the subsections in this Section 28 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. -1.—K. Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the System. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. -M-L. Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. SECTION 4: That the City of Okeechobee Municipal Firefighters' Pension Fund, adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further amended by amending Section 29, Reemployment After Retirement, to read as follows: SECTION 29. REEMPLOYMENT AFTER RETIREMENT. 1. Any retiree under this system, exGept for disability retirement as previously pmVid fer-may be reemployed by any public or private employer, eXG8pt the City, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this System. Notwithstanding the previous sentence, reemployment by the City shall be subject to the limitations set forth in this Section. 2. After Normal Retirement. Any Retiree who is retired under normal feF early) retirement pursuant to this System and who is reemployed as a Firefighter and, by virtue of that reemployment, is eligible to participate in this System, shall upon being reemployed, discontinue receipt of benefits. Upon reemployment, the Member Retiree shall be deemed to be fully vested and the additional Credited Service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit Ordinance No. 1188 -Page 3 of 5 Language to be added is underlined. Language to be deleted is stwlk threugh. amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final Retirement. Calculations of benefits upon Retirement shall be based upon the benefit accrual rate, Average Final Compensation, and Credited Service (and eaF!y FetiFe o + as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, Average Final Compensation (based only on the subsequent employment period and not inGluding any peried of DROP partiGipatien), and Credited Service (@Rd e@Fly FetiFement FedUGtieR fact r if aPpli abl) as of the date of subsequent retirement. The amount of any death or disability benefit received during a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but _the retiree Member may select a different optional form and joint pensioner applicable only to the subsequent retirement benefit. 3 Any Retiree who is retired under normal retirement pursuant to this System who is reemployed by the City in a pesitien other than as a FiFefi r +or after that Retirement and, by virtue of that reemployment is ineligible to participate in this system, shall YpeR being reemployed, during the period of reemployment, continue receipt of benefits for the period of any subsequent employment period. . 4. After Early Retirement. Any Retiree who is retired under early retirement pursuant to this System and who subsequently becomes an employee of the City in any capacity, shall discontinue receipt of benefits from the System. If the reemployed person by virtue of tiffs that reemployment, the Retiree is eligible to participate in this System, that persen the Retiree shall asenae derf re+ rerne + date . Gvgded fnr under this system. be deemed to be fully vested and the additional Credited Service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit pavable upon final Retirement. Calculations of benefits upon retirement shall be based upon the benefit accrual rate, Average Final Compensation, Credited Service and early retirement reduction factor as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate. Average Final Compensation (based only on the subsequent employment period), and Credited Service as of the date of subsequent retirement The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this Section if the Member was permitted to retire prior to the customary retirement date provided for in the Svstem at the time of retirement. 5. After Disability Retirement. A. Subiect to paraqraph B. below, any Retiree who is retired under Section 8.. Disabilit ("disability retiree"), may, subject to subsection 5., Physical Examination Requirement, of that section, be reemployed by any public or private employer, and may receive compensation from that employment without limiting or restricting in any way, the retirement benefits payable under this system. B. Any disability Retiree who subsequently becomes an employee of the City in any capacity, except as a Firefighter, shall discontinue receipt of disability benefits from the system for the period of any such emplovment. C. If a disability Retiree is reemployed as a Firefighter for the City, his disability benefit shall cease and Section 8, subsection 5. shall apply. 56. Reemployment of Terminated Vested Persons. Reemployed terminated vested persons shall not be subject to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early retirees for purposes of applying the provisions of this section and their status as an early or normal retiree shall be determined by the date they elect to begin to receive their benefit. Ordinance No. 1188 - Page 4 of 5 Language to be added is undedined. Language to be deleted is sNuskdkredgp. 8 7. DROP Participants. ""�,rs TRetirees who are-epwere in the Deferred Retirement Option Plan shall, following termination of employment after DROP participation, have the options provided for in this section for reemployment. SECTION 5: That the City of Okeechobee Municipal Firefighters' Pension Fund, adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further amended by amending Section 30, Supplemental Benefit Component for Extra Benefits; Chapter 175 Share Accounts, deleting subsection 3.C., Allocation of Costs, Fees and Expenses and renaming subsections 3.C. through 3.D., to read as follows: 9 C. No Right to Allocation. The fact of allocation or credit of an allocation to a Member's Share Account by the Board shall not vest in any Member, any right, title, or interest in the assets of the trust or in the Chapter 175, Florida Statutes, tax revenues except at the time or times, to the extent, and subject to the terms and conditions provided in this Section. € D. Members and DROP participant shall be provided annual statements setting forth their share account balance as of the end of the Plan Year. 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 Final Public Hearing this 16th day of JJ�, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 6th day of August, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1188 - Page 5 of 5 Language to be added is underlined. Language to be deleted is skaek{k�eegk. Law Offices Christiansen & Del ner, P.A. 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941-377.2200 • Fax 941-377.4848 February 1, 2019 Via Electronic Mail Ms. Kyle Tintle City of Okeechobee General Employees' Retirement System c/o Pension Resource Center 4360 Northlake Blvd. Palm Beach Gardens, Florida 33410 Exhibit 9 July 16, 2019 Ordinance No. 1189 Re: City of Okeechobee General Employees' Retirement System - Proposed Ordinance Dear Kyle: As previously discussed with the Board, enclosed please find a proposed ordinance amending the City of Okeechobee General Employees' Retirement System. With changes to the Internal Revenue Code (IRC) and its associated Regulations, as well as guidance from the Internal Revenue Service (IRS) and recent litigation, the following amendments to the pension plan are proposed: 1. Section 4, Finances and Fund Management, has been amended to allow the Board the ability to invest in real estate. 2. Section 8, Disability, is being amended to more clearly identify those individuals who may be eligible to apply for a disability pension in the event that they have resigned or their employment is terminated. This clarification does not change the way in which this provision has been applied or interpreted in the past. This change is being made because the current language has been challenged in litigation as being unclear and has resulted in unintended application ofthe language. The recommended change clarifies the language with no change in the intended application. Section 16, Miscellaneous Provisions, is being amended to add subsection 9., Missing Benefit Recipients. This provision is in accordance with a recent IRS Programs Compliance Memorandum that requires plans to have an approved method for locating terminated individuals who are due benefits from the plan. A proposed amendment to the Operating Rules and Procedures, outlining the specifics of this procedure is also being provided for the Board's consideration. 10 Ms. Kyle Tintle February 1, 2019 Page 2 Ordinance No. 1189 4. Section 25, Reemployment After Retirement, is being amended to make several changes as required by the Internal Revenue Code to satisfy the qualification requirements applicable to the reemployment of a disability retiree. Additional changes have been made to clarify reemployment after early retirement benefits. Section 28, Deferred Retirement Option Plan, is being amended to remove subsection 6.H., Prevention of Escheat and re -number the remaining subsections. The information contained in this subsection is being expanded in accordance with IRS guidance and moved to the Miscellaneous Provisions Section of the Plan where it will apply to all benefit recipients rather than just DROP recipients. By copy of this letter to the Board's actuary, Gabriel, Roeder, Smith and Company, I am requesting that they provide you with a letter indicating that there is no cost associated with the adoption of this ordinance. Please provide copies of these documents to each member of the Board for review at the next meeting. Yours ve ruly, Scott R. Christiansen SRC/ksh enclosure cc: Melissa Moscovitz, with enclosure 4G R S Retirement Consulting P:954.527.1616 F:954.525.0083 1 www.grsconsulting.com Ordinance No. 1189 February 1, 2019 Ms. Kyle Tintle Resource Centers, LLC 4360 Northlake Blvd Suite 206 Palm Beach Gardens, Florida 33410 Re: City of Okeechobee General Employees' Retirement System Actuarial Impact Statement Dear Kyle: As requested by Scott R. Christensen, Esq., we have performed an actuarial review of the proposed Ordinance (copy attached). Based upon our review, the proposed Ordinance: ➢ Amends the System to allow the Board the ability to invest in real estate. ➢ Clarifies eligibility for disability benefits. ➢ Amends the System to add a missing benefit recipient section to comply with the Internal Revenue Code (IRC). ➢ Amends reemployment after retirement to comply with the IRC. ➢ Provides for codification. ➢ Provides for severability. ➢ Repeals all Ordinances or parts of Ordinances in conflict herewith. ➢ Provides for an effective date. In our opinion, based upon the actuarial assumptions and methods employed in the October 1, 2017 Actuarial Valuation, the proposed Ordinance is a no cost Ordinance under our understanding of State minimum funding requirements. Please provide a signed copy of the Ordinance upon adoption for our records. If you should have any question concerning the above, please do not hesitate to contact us. Sincerest regards, Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary Enclosure Scott R. Christensen, Esq. ORDINANCE NO. 1189 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE GENERAL EMPLOYEES' RETIREMENT SYSTEM, RESTATED PURSUANT TO ORDINANCE 1141, IS HEREBY AMENDED; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 16, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, REEMPLOYMENT AFTER RETIREMENT; 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. WHEREAS, the City of Okeechobee General employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee; and WHEREAS, it becomes necessary from time to time to amend said ordinances in order to clarify or restate certain provisions of the ordinance, or to enact amendments to comply with revised Federal regulations. 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 Officer for the City: SECTION 1: That the City of Okeechobee General Employees' Retirement System, restated pursuant to Ordinance No. 1141, is hereby amended by amending Section 4, Finances and Fund Management, adding subsection 6.B.(5), to read as follows: 6. B. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Annuity and life insurance contracts with life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance fund or a savings/building and loan association insured Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States or an agency of the government of the United States. (4) Stocks, commingled or mutual funds, bonds or other evidences of indebtedness, provided that: (a) Except as provided in subparagraph (b), all individually held securities and all securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. (b) Up to fifteen percent (15%) of the assets of the Fund may be invested in foreign securities. (c) The Board shall not invest more than five percent (5%) of its assets in the common stock, capital stock, or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5%) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock, international equity securities and convertible securities at cost exceed sixty percent (60%) of the assets of the Fund. Ordinance No. 1189 - Page 1 of 4 Language to be added is underlined. Language to be deleted is stR*"*eoao. u Real estate investments in an amount not to exceed at cost value ten percent (10%) of the assets of the Fund. The Board may invest in real estate directly or through an investment vehicle approved by the Board. SECTION 2: That the City of Okeechobee General Employees' Retirement System, restated pursuant to Ordinance No. 1141, is hereby amended by amending Section 8, Disability, subsection 1., Disability Benefits In -Line of Duty, to read as follows: SECTION 8. DISABILITY. Disability Benefits. Any Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to perform the duties that the General Employee was assigned at the time of the impairment and is unable to perform the duties of another General Employee position which the City of Okeechobee makes available to him in a similar job classification and rank at no reduction in Salary for which the General Employee is qualified by reason of training, education, or experience, whether or not such disability was directly caused by the performance of his duty as a General Employee. Upon establishing the same to the satisfaction of the Board, the General Employee shall be entitled to a monthly pension determined in the same manner as for Early Retirement set forth in Section 6, subsection 4.13, if the benefit begins at or after age fifty-five (55), and if the benefit begins prior to age fifty-five (55), the benefit shall be actuarially reduced for the period prior to age fifty-five (55). Terminated ^mated person thenvested Eli ibili requirements for disability benefits are set forth, below. Eligibility for Disability Benefits. Subject to subsection (4) below, only active Members of the System on the date the Board determines entitlement to a disability benefit are eligible for disability benefits. u Terminated persons either vested or non -vested are not eligible for disability benefits. u If a Member voluntarily terminates his employment, either before or after filing an application for disability benefits, he is not eligible for disability benefits. J 1 If a Member is terminated by the City for any reason other than for medical reasons, either before or after he files an application for disability benefits he is not eligible for disability benefits. The only exception to (1) above is: a. If the Member is terminated by the City for medical reasons and he has already applied for disability benefits before the medical termination, or; b. If the Member is terminated by the City for medical reasons and he applies within 30 days after the medical termination date. If either (4)a or (4)b above applies the Member's application will be processed and fully considered by the Board. SECTION 3: That the City of Okeechobee General Employees' Retirement System, restated pursuant to Ordinance No. 1141, is hereby amended by amending Section 16, Miscellaneous Provisions, adding subsection 9., Missing Benefit Recipients, to read as follows: 9. Missing Benefit Recipients. The Svstem shall follow the procedures outlined in the IRS Employee Plans Compliance Resolution System (EPCRS) Program and other applicable IRS guidance to locate any missing individuals to whom a full unreduced benefit payment is due and if, at the conclusion of such efforts the individual cannot be located the existing procedure of cancelling payments otherwise due (provided that if the individual is later located the benefits due shall be paid) will apply. Ordinance No. 1189 -Page 2 of 4 Language to be added is undedined. Language to be deleted is sVaskthreugh. SECTION 4: That the City of Okeechobee General Employees' Retirement System, restated pursuant to Ordinance No. 1141, is hereby amended by amending Section 25, Reemployment After Retirement, subsections 1. and 4., to read as follows: 1. Any Retiree who is retired under this System, provided for; may be reemployed by any public or private employer, except the City, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this System. Notwithstanding the previous sentence, reemployment by the City shall be subject to the limitations set forth in this Section. 4. After Early or Disability Retirement. Any Retiree who is retired under early or disability retirement pursuant to this System and who subsequently becomes an employee of the City in any capacity, shall discontinue receipt of benefits from the System until the earlier of termination of employment or such time as the reemployed Retiree reaches age sixty-two (62). A Retiree who returns to work under the provisions of this Section shall not be eligible for membership in the System, and, therefore, shall not accumulate additional Credited Service for subsequent periods of employment described in this Section, shall not be required to make contributions to the System, nor shall he be eligible for any other benefit other than the Retiree's early retirement benefit when he again becomes eligible as provided herein. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this Section if the Member was permitted to retire prior to the customary retirement date provided for in the System at the time of retirement. * * :F * * SECTION 5: That the City of Okeechobee General Employees' Retirement System, restated pursuant to Ordinance No. 1141, is hereby amended by amending Section 28, Deferred Retirement Option Plan, deleting subsection S.H. and renumbering the remaining subsections, to read as follows: General Provisions. I H. Written Elections, Notification. (1) Any elections, notifications or designations made by a Member pursuant to the provisions of the DROP shall be made in writing and filed with the Board in a time and manner determined by the Board under rules uniformly applicable to all employees similarly situated. The Board reserves the right to change from time to time the manner for making notifications, elections or designations by Members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. (2) Each Member or Retiree who has a DROP Account shall be responsible for furnishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a Member or Retiree hereunder shall be deemed given if directed to him at the last such address given to the Board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the Member or Retiree notifies the Board of his address. Ordinance No. 1189 - Page 3 of 4 Language to be added is underlined. Language to be deleted is slFw6k *FeugH. 41. Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only from the assets of the Member's DROP Account and neither the City nor the Board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. KJ. Construction. (1) The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. (2) The titles and headings of the subsections in this Section 28 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. 6K. Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the System. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. ML. Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. SECTION 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 Final Public Hearing this 16th day of Jam, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 6th day of August, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1189 -Page 4 of 4 Language to be added is undedined. Language to be deleted is WWI( through. Law Offices Chr kt ansen off. Deg ner, P.A. Scott R. Christiansen Mr. Marcos Montes De Oca City Administrator City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974-2032 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 941-377-2200 Fax 941-377.4848 June 3, 2019 Exhibit 10 July 16, 2019 H. Lee Definer ( 1952-2019) Ordinance No. 1190 Re: City of Okeechobee General Employees' Retirement System - Proposed Ordinance Dear Mr. Montes De Oca: 1 represent the Board of Trustees of your City of Okeechobee General Employees' Retirement System. Enclosed please find a proposed ordinance amending the City of Okeechobee General Employees' Retirement System that has been approved by the Board and recommended for adoption by the City Council. The plan is being amended to provide for a reduction in the normal retirement age fi-om sixty-five to sixty-two. Changes are being made to Section 6, Benefit Amounts and Eligibility and Section 9, Vesting to reflect this change. I have enclosed a copy of the required actuarial impact statement from the Board's actuary, Gabriel Roeder Smith & Company, that must accompany this ordinance when it is presented to the City for consideration and adoption. If you or any member of your staff have any questions with regard to this ordinance, please feel fi•ee 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 rawly, Scott R. Christiansen SRC/dm enclosure cc: Larry Wilson, with enclosure Kyle Tintle, with enclosure Retirement k2 S Consulting November 1, 2018 P:954.527.1616 F:954.525.0083 1 www.grsconsulting.com Board of Trustees City of Okeechobee General Employees' Retirement System c/o Ms. Kyle Tintle Resource Centers, LLC 4360 Northlake Blvd, Suite 206 Palm Beach Gardens, Florida 33410-6264 Re: City of Okeechobee General Employees' Retirement System Actuarial Impact Statement Dear Trustees: Ordinance No. 1190 As requested, we are pleased to enclose three (3) copies of an Actuarial Impact Statement as of October 1, 2017 for the proposed amendment under the City of Okeechobee General Employees' Retirement System (System). Background —The System currently provides: o Normal Retirement eligibility upon the earlier of 1) attainment of age sixty-five (65) and completion of five (5) years of Credited Service or 2) completion of thirty (30) years of Credited Service o Terminated vested benefits commence upon attainment of age sixty-five (65) o Early retirement benefit reduction from age sixty-five (65) Proposed Amendment— Under the proposed amendment: o Normal Retirement eligibility upon the earlier of 1) attainment of age sixty-two (62) and completion of five (5) years of Credited Service or 2) completion of thirty (30) years of Credited Service o Terminated vested benefits commence upon attainment of age sixty-two (62) o Early retirement benefit reduction from age sixty-two (62) Results — Based upon the results of our Actuarial Impact Statement, the proposed amendment increases the first year annual City contribution by $5,918 (0.57% of covered payroll - $1,046,008). Filing Requirements — We have prepared the Actuarial Impact Statement for filing with the State of Florida. Please note that this Statement must be signed and dated on behalf of the Board of Trustees. Copies of the Ordinance upon passage at first reading along with the signed and dated Board of Trustees November 1, 2018 Page Two Ordinance No. 1190 Actuarial Impact Statement are generally required to be filed with the State at the following address: Mr. Douglas E. Beckendorf, A.S.A. Bureau of Local Retirement Services Division of Retirement Building 8 Post Office Box 9000 Tallahassee, Florida 32315-9000 We understand the State requires funding no later than the fiscal year next following the effective date of the increases in costs resulting from the Ordinance. Please forward a copy of the Ordinance upon passage to update our files. Other Considerations — Under Governmental Accounting Standards Board (GASB) Statement Number 68, we understand the cost / income of benefit changes must be recognized immediately in pension expense (accounting not funding). Therefore, the pension expense is expected to increase the first year and then is expected to return to lower levels in fiscal years following initial recognition of the benefit change. Actuarial Assumptions and Methods, System Provisions, Financial Data Member Census Data — The actuarial assumptions and methods, financial data and member census data employed for purposes of our Actuarial Impact Statement are the same actuarial assumptions and methods, financial data and member census data utilized for the October 1, 2017 Actuarial Valuation with the following exception: o , Assumed retirement eligibility is the earlier of 1) attainment of age sixty-two (62) and completion of five (5) years of Credited Service or 2) completion of thirty (30) years of Credited Service The System provisions employed for purposes of our Actuarial Impact Statement are the same System provisions utilized for the October 1, 2017 Actuarial Valuation with the exception of the proposed amendment changes described above. This Actuarial Impact Statement is intended to describe the estimated future financial effects of the proposed System provision changes on the System, and is not intended as a recommendation in favor of the benefit changes or in opposition of the System provision changes. These calculations are based upon assumptions regarding future events. However, the System's long term costs will be determined by actual future events, which may differ materially from the Board of Trustees November 1, 2018 Page Three Ordinance No. 1190 assumptions made. These calculations are also based upon present System provisions that are referenced in this Actuarial Impact Statement. If you have reason to believe the assumptions used are unreasonable, the System provisions are incorrectly described as referenced, important System provisions relevant to this proposed Actuarial Impact Statement are not described or that conditions have changed since the calculations were made, you should contact the undersigned prior to relying on information in this Actuarial Impact Statement. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: System experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period); and changes in System provisions or applicable law. Due to the limited scope of the actuary's assignment, the actuary did not perform an analysis of the potential range of such future measurements. This Actuarial Impact Statement should not be relied on for any purpose other than the purpose described in the primary communication. Determinations of the financial results associated with the benefits described in this report in a manner other than the intended purpose may produce significantly different results. This Actuarial Impact Statement has been prepared by actuaries who have substantial experience valuing public employee retirement plans. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the System as of the Actuarial Impact Statement date. All calculations have been made in conformity with generally accepted actuarial principles and practices, with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. This Actuarial Impact Statement may be provided to parties other than the Board only in its entirety and only with the permission of an approved representative of the Board. The signing actuaries are independent of the System sponsor. If you have reason to believe that the information provided in this Actuarial Impact Statement is inaccurate, or is in any way incomplete, or if you need further information in order to make an informed decision on the subject matter of this report, please contact the undersigned prior to making such decision. The undersigned are Members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. LG R 5 Retirement Consulting Board of Trustees November 1, 2018 Page Four Ordinance No. 1190 If you should have any question concerning the above or if we may be of further assistance with this matter, please do not hesitate to contact us. Sincerest regards, tJ Lawrence F. Wilson, E.A., A.S.A. Senior Consultant and Actuary Enclosures G R S Jennifer M. Borregard, E.A. Consultant and Actuary c0{tATi2� � BO . P4 0 n A '9jq'1913 . 9�2 Actuarial Impact Statement as of October 1, 2017 Ordinance No. 1190 A. Description of Proposed System Amendment o Normal Retirement eligibility shall be the earlier of 1) attainment of age sixty-two (62) and completion of five (5) years of Credited Service or 2) completion of thirty (30) years of Credited Service regardless of age. o Terminated vested benefits commence upon attainment of age sixty-two (62) o Early retirement benefit reduction from age sixty-two (62) B. An estimate of the cost of implementing this amendment (see attachment) C. In my opinion, the proposed changes are in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the State Constitution. Chairman, Retirement Committee Date CR. Retirement City of Okeechobee General Employees' Retirement System Consulting Ordinance No. 1190 ACTUARIAL IMPACT STATEMENT AS OF OCTOBER 1, 2017 Actuarial Proposed Valuation Amendment Covered Group A. Number of Participants Actives 27 27 Retirees, Disabilities, Beneficiaries and Vested Terminations 22 22 Total Covered Annual Payroll $1,046,008 $1,046,008 Long Range Cost B. Actuarial Present Value of Projected 5,461,963 5,370,257 Benefits C. Valuation Assets 4,409,661 4,409,661 D. Actuarial Present Value of Prospective Contributions: (B)-(C) 1,052,302 960,596 Current Cost E. Total Normal Cost (for current year) For Benefits 110,051 115,406 For Administrative Expense 48,490 48,490 158,541 163,896 Total Normal Cost Increase NC Benefits for Salary Scale 6,603 6,924 Increase NC Admin Exp. for Interest 3,394 3,394 168,538 174,214 Total Normal Cost for Fiscal Year in (F) F. Fiscal Year End to which Contributions Apply 2019 2019 G. Total Required Contributions if paid quarterly during the fiscal year in (F) 175,723 181,641 As % of Payroll 16.80% 17.37% H. Expected Member Contributions in fiscal year (F) 66,526 66,526 As % of Payroll 6.36% 6.36% I. Total Required City Contribution if paid quarterly during the fiscal year in (F) 109,197 115,115 As % of Payroll 10.44% 11.01% LGa 5: City of Okeechobee General Employees' Retirement System 1 v Ordinance No. 1190 DERIVATION OF NORMAL COST AS OF OCTOBER 1, 2017 Actuarial Proposed Valuation Amendment A. Actuarial Present Value (APV) of Projected Benefits 1. Active Members Service Retirement Benefits $2,899,448 $2,815,100 Vesting Benefits 161,478 161,533 Disability Benefits 18,881 25,959 Preretirement Death Benefits 40,750 26,259 Return of Contributions 14,041 14,041 3,134,598 3,042,892 Total 2. Inactive Members Service Retirees 2,276,481 2,276,481 Disability Retirees 0 0 Beneficiaries Receiving Benefits 0 0 Terminated Vested Members 50,884 50,884 2,327,365 2,327,365 Total 3. Grand Total 5,461,963 5,370,257 B. Valuation Assets 4,409,661 4,409,661 C. APV of Projected Normal Costs: (A)-(B) 1. APV of Projected Member Contributions 600,121 522,385 2. APV of Projected Employer Normal Costs 452,181 438,211 1,052,302 960,596 3. Total APV of Projected Normal Costs D. APV of Projected Covered Payroll 10,002,020 8,706,417 E. Normal Cost Rate: (0) / (D) 10.521% 11.033% F. Annual Payroll of Active Members 1,046,008 1,046,008 G. Normal Cost for Benefits: (E) x (F) 110,051 115,406 H. Normal Cost for Administrative Expense 48,490 48,490 I. Total Normal Cost: (G) +(H) 158,541 163,896 ILGRRetirement City of Okeechobee General Employees' Retirement System 2 Consulting Ordinance No. 1190 CITY OF OKEECHOBEE GENERAL EMPLOYES' RETIREMENT SYSTEM SUMMARY OF SYSTEM PROVISIONS A. Ordinances System established under the Code of Ordinances for the City of Okeechobee General, Florida, Chapter 2, Article III, Division 7, and was most recently amended under Ordinance No. 1141 passed and adopted on September 6, 2016. The System is also governed by certain provisions of Part VII, Chapter 112, Florida Statutes (F.S.) and the Internal Revenue Code. B. Effective Date Initial Ordinance: Amended & Restated Ordinance C. System Year D. Type of System January 1, 1972 October 1, 2016 October 1 through September 30. Qualified, governmental defined benefit retirement plan; for GASB purposes it is a single - employer plan. The System was treated as a cost sharing multiple -employer plan for GASB purposes for FYE September 30, 2015 and FYE September 30, 2016. E. Eligibility Requirements All regular full-time employees of the City (excluding certified Police Officers and Firefighters and the Utility Authority) are eligible on Date of Employment; Participation is mandatory. Elected officials are also eligible. F. Credited Service Service is measured as the total number of years and completed months of service as a participant. No service is credited for any periods of employment for which the participant received a refund of Employee Contributions. G. Compensation Compensation includes tax sheltered and tax exempt income which would otherwise be included in base income, derived from elective employee payroll deductions or salary reductions, but excluding overtime, bonuses and any other non -regular payment. H. Average Final Compensation (AFC) AFC is the average compensation over the highest five years of the last ten years. CG R Tetire-enn>:i•in�t City of Okeechobee General Employees' Retirement System 3 Ordinance No. 1190 I. Normal Retirement Eligibility: Age 62 and 5 years of service, or 30 years of service regardless of age. Benefit: 2.10% of Average Final Compensation times years and completed months of continuous service with the City. Normal Form of Benefit: Monthly annuity payable for life, with 10 years guaranteed; other options are available. COLA: None J. Early Retirement Eligibility: A participant may elect to retire earlier than the Normal Retirement Eligibility upon the attainment of age 55 with 10 years of Credited Service. Benefit: The Normal Retirement Benefit is reduced by 1/6% for each month by which the Early Retirement date precedes age 62 (i.e. 2% per year early). Normal Form of Benefit: Monthly annuity payable for life, with 10 years guaranteed; other options are available. COLA: None K. Delayed Retirement Same as Normal Retirement taking into account compensation earned and service credited until the date of actual retirement. L. Service Connected Disability Eligibility: Disabled so as to be incapable of further service with the City. Benefit: Calculated in the same manner as for Early Retirement if the benefit begins at or after age 55, and if the benefit begins prior to age 55, the benefit shall also be actuarially reduced for the period prior to age 55. Normal Form of Benefit: Monthly annuity payable for life, with 10 years guaranteed; other options are available. COLA: None CG R SRetirement City of Okeechobee General Employees' Retirement System 4 Consulting Ordinance No. 1190 M. Non -Service Connected Disability Eligibility: Disabled so as to be incapable of further service with the City. Benefit: Calculated in the same manner as for Early Retirement if the benefit begins at or after age 55, and if the benefit begins prior to age 55, the benefit shall also be actuarially reduced for the period prior to age 55. Normal Form of Benefit: Monthly annuity payable for life, with 10 years guaranteed; other options are available. COLA: None N. Death in the Line of Duty Eligibility: Any participant who dies before starting to receive benefits. Benefit: Vested Active and Inactive participants: The amount of the death benefit shall be equal to 50% of present value of vested accrued benefit, or refund of accumulated member contributions, with interest, whichever is greater. Eligible for Retirement: The amount of the death benefit shall be the accrued benefit, determined as though the deceased had retired, payable under 10 year certain and life form, or 50% of present value of vested accrued benefit if greater. Not Vested: Return of accumulated contributions. Normal Form of Benefit: Monthly annuity payable for life, with 10 years guaranteed; other options are available. COLA: None O. Other Pre -Retirement Death Eligibility: Any participant who dies before starting to receive benefits. Benefit: Vested Active and Inactive participants: The amount of the death benefit shall be equal to 50% of present value of vested accrued benefit, or refund of accumulated member contributions, with interest, whichever is greater. CRC Eligible for Retirement: The amount of the death benefit shall be the accrued benefit, determined as though the deceased had retired, payable under 10 year certain and life form, or 50% of present value of vested accrued benefit if greater. City of Okeechobee General Employees' Retirement System 5 Other Pre -Retirement Death -Continued Ordinance No. 1190 Not Vested: Return of accumulated contributions. Normal Form of Benefit: Monthly annuity payable for life, with 10 years guaranteed; other options are available. COLA: None P. Post Retirement Death Benefit determined by the form of benefit elected upon retirement. Q. Optional Forms In lieu of electing the Normal Form of benefit, the optional forms of benefits available to all retirees are the Single Life Annuity option and the 50%, 66-2/3%, 75% or 100% Joint and Survivor options. A Social Security option is also available for participants retiring prior to the time they are eligible for Social Security retirement benefits. R. Vested Termination Eligibility: Participants earn a non -forfeitable right to System benefits after the completion of 5 years of Credited Service if they elect to leave their accumulated contributions in the fund. Benefit: The participant's accrued Normal Retirement Benefit as of the date of termination, beginning at age 62. Participants with 10 or more years of Credited Service may elect to receive an actuarially reduced Early Retirement Benefit beginning anytime between ages 55 and 62. Not Vested: Return of accumulated contributions with interest. Normal Form of Benefit: Monthly annuity payable for life, with 10 years guaranteed; other options are available. COLA: None S. Refunds Eligibility: Participants leaving employment with less than 5 years of Credited Service are eligible. Optionally, vested participants (those with 5 or more years of Credited Service) may elect a refund in lieu of the vested benefits otherwise due. Benefit: Refund of the participant's Employee Contributions with interest. CGRetirement City of Okeechobee General Employees' Retirement System 6 R S Consulting T. Participant Contributions Ordinance No. 1190 6% of earnings. Member contributions are accumulated at 5.25% interest through September 30, 1993, and 3.00%, interest thereafter. U. Employer Contributions The additional amount determined by the actuary needed to fund the System properly according to State laws. V. Cost of Living Increases Not Applicable W. 13th Check Not Applicable X. Deferred Retirement Option Plan Eligibility: System members are eligible for the DROP on the first day of the month coincident with or next following Normal Retirement Date. Members who meet the eligibility requirements must submit a written election to participate in the DROP. Benefit: The member's Credited Service and FAE are frozen upon entry into the DROP. The monthly retirement benefit as described under Normal Retirement is calculated based upon the frozen Credited Service and FAE. Maximum DROP Period: 60 months Interest Credited Normal Form of Benefit: COLA: Members elect to have their DROP accounts credited quarterly at a rate equal to either (i) 6.5% or (ii) actual net rate of investment return realized by the System. Members may elect to change their elections once during the DROP period. Monthly annuity payable for life, with 10 years guaranteed; other options are available. None City of Okeechobee General Employees' Retirement System 7 Y. Other Ancillary Benefits Ordinance No. 1190 There are no ancillary retirement type benefits not required by statutes but which might be deemed a City of Okeechobee General Employees' Retirement System liability if continued beyond the availability of funding by the current funding source. Z. Changes from Previous Valuation Normal Retirement Eligibility was: Age 65 and 5 years of service, or 30 years of service regardless of age. Early Retirement Benefit was: The Normal Retirement Benefit is reduced by 1/6% for each month by which the Early Retirement date precedes age 65 (i.e. 2% per year early). Vested Termination Benefit was: The participant's accrued Normal Retirement Benefit as of the date of termination, beginning at age 65. Participants with 10 or more years of Credited Service may elect to receive an actuarially reduced Early Retirement Benefit beginning anytime between ages 55 and 65. Retirement City of Okeechobee General Employees' Retirement System 8 CGRSConsulting Ordinance No. 1190 ACTUARIAL COST METHODS AND ASSUMPTIONS Valuation Assumptions The covered group size does not support statistically significant experience on which to base certain demographic assumptions. Mortality is based on a commonly used fully generational mortality table and projection scale. The retirement age assumption tracks the eligibility requirements for normal retirement. Note that a member must be eligible for normal retirement in order to enter the DROP. Economic Assumptions The investment return rate assumed in the valuation is 7.0% per direction from the Board of Trustees based on information from their investment consultant. The 7.0% is per year, compounded annually, net of investment expenses. The inflation rate assumed in this valuation is 2.50% per year. The Inflation Rate is defined to be the long-term rate of annual increases in goods and services. The assumed real rate of return over inflation is defined to be the portion of total investment return that is more than the assumed inflation rate. Considering other economic assumptions, the 7.0% investment return rate translates to an assumed real rate of return over inflation of 4.50%. Payroll growth The active member population is assumed to remain constant. Administrative Expenses paid out of the fund are assumed to be the actual expenses incurred for the preceding System year. Pay increase assumptions for individual active members is 6.0% per year. Part of the assumption for each age is for merit and/or seniority increase, and the other 2.50% recognizes inflation, productivity increases, and other macro -economic forces. Please see illustration below: Age Current Salary as a % of Salary at Age 62 20 9.2 % 30 16.4 40 29.4 50 52.7 60 94.3 Retirem=n: City of Okeechobee General Employees' Retirement System 9 CG S Consulting Ordinance No. 1190 Demographic Assumptions The mortality table is RP-2000 Combined Healthy Participant Mortality Table (for pre -retirement mortality) and the RP-2000 Mortality Table for Annuitants (for post -retirement mortality), with mortality improvements projected to all future years after 2000 using Scale BB. For males, the base mortality rates include a 50% blue collar adjustment and a 50% white collar adjustment. For females, the base mortality rates include a 100% white collar adjustment. These are the same rates currently in use for Regular Class members of the Florida Retirement System (FRS), as mandated by Florida House Bill 1309. FRS Post -Retirement Mortality for Regular Class Members Sample Attained Ages (in 2017) Probability of Dying Next Year Men Women Future Life Expectancy (years) Men Women 50 0.55 % 0.23 % 34.66 38.31 55 0.60 0.32 30.03 33.29 60 0.76 0.47 25.36 28.39 65 1.15 0.74 20.84 23.65 70 1.78 1.24 16.59 19.19 75 2.97 2.09 12.73 15.11 80 5.03 3.51 9.40 11.49 FRS Pre -Retirement Mortality for Regular Class Members Sample Probability of Future Life Attained Dying Next Year Expectancy (years) es (in 2017) Men Women Men Women 50 0.21 % 0.15 % 35.58 38.66 55 0.36 0.24 30.46 33.51 60 0.61 0.39 25.53 28.49 65 1.08 0.70 20.88 23.67 70 1.78 1.24 16.59 19.19 75 2.97 2.09 12.73 15.11 80 5.03 3.51 9.40 11.49 For disabled lives, the mortality table used was the RP-2000 Mortality for Disabled Annuitants, set- back 4 years for males and set -forward 2 years for females, with no provision being made for future mortality improvements. These are the same rates currently in use for Regular Class members of the Florida Retirement System (FRS), as mandated by Florida House Bill 1309. LGRS Retirement City of Okeechobee General Employees' Retirement System 10 Consulting Ordinance No. 1190 FRS Disabled Mortality for Regular Class Members Sample Attained es (in 2017) Probability of Dying Next Year Men Women 50 2.38 % 1.35 % 55 3.03 1.87 60 3.67 2.41 65 4.35 3.13 70 5.22 4.29 75 6.58 5.95 80 8.70 8.23 Future Life Expectancy (years) Men Women 20.25 23.74 17.78 20.46 15.55 17.43 13.44 14.58 11.39 11.96 9.43 9.65 7.65 7.66 The rates of retirement are used to measure the probability of eligible members retiring during the next year. It was assumed that members retire upon eligibility. Assumed eligibility is age 62 and 5 years of service, or 30 years of service regardless of age. Any actuarial losses due to early retirement are assumed to be offset by gains due to eliminating future salary increases. Any actuarial losses due to delayed retirement are assumed to be offset by gains due to delaying the benefit commencement date. Rates of separation from active membership were as shown below (rates do not apply to members eligible for normal retirement and do not include separation on account of death or disability). This assumption measures the probabilities of members remaining in employment. Age Separation Rate 20 12.4 % 30 10.5 40 5.7 50 1.5 60 0.5 Rates of disability among active members were as shown below. This assumption measures the probability of members retiring with a disability benefit. k�] Retirement v R S Consulting Age Disability Rate 20 0.07 % 30 0.11 40 0.19 50 0.51 60 1.66 City of Okeechobee General Employees' Retirement System 11 Valuation Methods Ordinance No. 1190 Actuarial Cost Method - Normal cost and the allocation of benefit values between service rendered before and after the valuation date were determined using an Aggregate Actuarial Cost Method having the following characteristics: (i) The excess of the Actuarial Present Value of Projected Benefits of the group included in the valuation, over the Actuarial Value of Assets is allocated as a level percentage of earnings of the group between the valuation date and the assumed retirement age. This allocation is performed for the group as a whole, not as a sum of individual allocations. (ii) The portion of this Actuarial Present Value allocated to a specific year is called the Normal Cost. Under this method, actuarial gains and losses, System amendments, and changes in actuarial assumptions and methods reduce or increase future Normal Costs. Timing of Contribution - increase Normal Cost for benefits by 6%; increase Normal Cost for administrative expense by 7%; increase expected member contribution by 6%; increase City contribution with interest for quarterly payments. Actuarial Value of Assets - The Actuarial Value of Assets phases in the difference between the expected return on the actuarial value of assets and the actual return on the market of assets at the rate of 25% per year. The Actuarial Value of Assets is further adjusted to the extent necessary to fall within the corridor whose lower limit is 80% of the Market Value of System assets and whose upper limit is 120% of the Market Value of System assets. During periods when investment performance exceeds the assumed rate, Actuarial Value of Assets will tend to be less than Market Value. During periods when investment performance is less than assumed rate, Actuarial Value of Assets will tend to be greater than Market Value. Changes from Previous Valuation: The rates of retirement were: It was assumed that members retire upon eligibility. Assumed eligibility is age 65 and 5 years of service, or 30 years of service regardless of age. Rationale for Assumptions: The investment earnings assumption reflects direction from the Board of Trustees based on information from their investment consultant. The mortality table is based on the assumption used by the Florida Retirement System, as required by Florida House Bill 1309 (codified in Chapter 2015- 157). LGRSRetirement City of Okeechobee General Employees' Retirement System 12 Consulting ORDINANCE NO. 1190 AN ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE GENERAL EMPLOYEES' RETIREMENT SYSTEM, RESTATED PURSUANT TO ORDINANCE 1141; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 9, VESTING; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee General employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee; and 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 Officer for the City: SECTION 1: That the City of Okeechobee General Employees' Retirement System, restated pursuant to Ordinance No. 1141, as amended, is hereby further amended by amending Section 6, Benefit Amounts and Eligibility, subsection 1., Normal Retirement Age and Date, and subsection 4., Early Retirement Benefit, to read as follows: Normal Retirement Age and Date. A Member's normal retirement age is the earlier of the attainment of age sixty five (66) sixty-two (62) and the completion of five (5) years of Credited Service or upon the completion of thirty (30) years of Credited Service, regardless of age. Each Member shall become one hundred percent (100%) vested in his accrued benefit at normal retirement age. A Member's normal retirement date shall be the first day of the month coincident with or next following the date the Member retires from the City after attaining normal retirement age. Early Retirement Benefit. A member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: A. A deferred monthly retirement benefit which shall commence at age sixty-five (65) sixty-two (62) and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date except that Credited Service and Average Final Compensation shall be determined as of his early retirement date; or B. An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph A above, which is reduced by two percent (2%) for each year by which the commencement of benefits precedes age sixty five (65) sixty-two (62). SECTION 2: That the City of Okeechobee General Employees' Retirement System, restated pursuant to Ordinance No. 1141, as amended, is hereby further amended by amending Section 9, Vesting, subsection 2., to read as follows: 2. If the Member has five (5) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the Member's Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him commencing at age 45 62, or age 55 reduced as for early retirement from age 65 62, provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his otherwise normal or early retirement date. If the Ordinance No. 1190 - Page 1 of 2 Language to be added is underlined. Language to be de:eted is sg�cle 1hFough. Member does not withdraw his Accumulated Contributions and does not survive to his otherwise normal or early retirement date, his designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for Retirement under Pre -Retirement Death. SECTION 3: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: 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 6: That this Ordinance shall become effective upon adoption. INTRODUCED on First Reading and set for Final Public Hearing this 16th day of Jam, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 6th day of August, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1190 -Page 2 of 2 Language to be added is undedined. Language to be deleted is sUask-Nueugp. Exhibit 11 July 16, 2019 RESOLUTION NO.2019-06 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2019-2020; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has determined that for the health and welfare of the community, each and every place of business, or other type of structure or abode shall be required to place their garbage and trash for pick up and disposal in a safe and sanitary manner prescribed by the City Council; and WHEREAS, the City Council of the City of Okeechobee, Florida entered into a Solid Waste Collection and Disposal Services Agreement with Waste Management, Inc., of Florida on July 7, 1987, as amended, to provide such collection and disposal services to the community; and WHEREAS, as provided in Code Book Section 42-52, the City Council shall establish the charges and rates for the collection and disposal services required. NOW, THEREFORE, be it resolved 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 that: SECTION 1: COMMERCIAL RATES. Commercial Rates Per month for solid waste collection and disposal services shall be as follows, from October 1, 2019, to September 30, 2020, (rates below include 10 percent franchise fees): Pick•upsfWeek EOW 1x/wk 2x/wk 3x/wk 4x/wk 5x/wk 6xlwk 7x(wk XPU Container Size 2 CUBIC YD Collection $ 34.93 $ 63.60 $ 115.80 $ 160.32 $ 204.83 $ 249.35 $ 293.86 $ 338.40 - Disposal $ 10.56 $ 21.11 $ 42.22 $ 63.33 $ 84A4 $ 105.55 $ 126.66 $ 147.77 - Fuel 5.53 10.08 18.37 25.46 32.53 39.62 46.72 53.82 - TOTAL $ 51.02 $ 94.79 $ 176.39 $ 249.11 $ 321.80 $ 394.52 $ 467.24 $ 539.99 $ 42.87 3 CUBIC YD Collection $ 87.91 $ 150.14 $ 190.93 $ 220.94 $ 265.94 $ 310.97 $ 355.98 - Disposal $ 31.67 $ 63.33 $ 95.00 $ 126.66 $ 158.33 $ 189.99 $ 221.66 - Fuel 13.93 24.29 31.04 36.13 43.57 51.00 L 58.44 - $ 55.01 TOTAL $ 133.51 $ 237.76 $ 316.97 $ 383.73 $ 467.84 $ 551.96 $ 636.08 4 CUBIC YD Collection $ 104.03 $ 172.23 $ 204.43 $ 254.71 $ 295.97 $ 339.61 $ 383.25 - Disposal $ 42.22 $ 84.44 $ 126.66 $ 168.88 $ 211.10 S 253.32 $ 295.54 - Fuel 16.52 27.44 32.72 S 40.82 47.52 $ 54.60 61.67 - $ 59.78 TOTAL $ 162.77 $ 284.11 $ 363.81 $ 464.41 $ 554.59 $ 647.53 $ 740.46 6 CUBIC YD Collection $ 136.93 $ 202.05 $ 267.41 $ 328.55 $ 384.62 $ 440.69 $ 496.76 - Disposal $ 63.33 $ 126.66 $ 189.99 $ 253.32 $ 316.65 $ 379.98 $ 443.31 - Fuel 21.80 32.35 42.94 52.85 62.00 71.13 80.26 - $ 74.52 TOTAL $ 222.06 $ 361.06 $ 500.34 $ 634.72 $ 763.27 $ 891.80 $ 1,020.33 8 CUBIC YD Collection $ 154.32 $ 222.31 $ 279.94 $ 337.59 $ 392.88 $ 449.36 $ 505.83 - Disposal $ 84.44 $ 168.88 $ 253.32 $ 337.76 $ 422.20 $ 506.64 $ 591.08 - Fuel $ 24.62 $ 35.76 $ 45.25 54.75 $ 63.88 $ 73.20 $ 82.51 TOTAL $ 263.38 $ 426.95 $ 578.51 $ 730.10 $ 878.96 $ 1,029.20 $ 1,179.42 $ 84.66 #of Cans 1 2 3 415 6 1xhak $ 8.95 $ 11.80 $ 14.41 $25.92 $ 48.75 COMMERCIAL CANS Disposal $ 3.84 $ 7.68 $ 11.52 $19.20 $ 23.04 Fuel $ 1.43 $ 1.89 $ 2.33 $4.18 $ 7.75 Total $ 14.22 $ 21.37 $ 28.26 $49.30 $ 79.54 Casters $ 9.10 per month maintenance OPTIONAL Roll -out $ 9.10 per month per number ofseNcedays/week SERVICES Lockbar $ 97.63 per installation Lock/Unlock/Gate $ 13.01 monthlyfee times the number of pickups/week Resolution No. 2019-06 - Page 1 of 2 ROLL -OFF COLLECTION AND DISPOSAL RATES 20 yard 30 yard 40 yard Compactor Rate per pull plus disposal $ 190.44 $ 200.92 $ 211.36 $ 211.36 Fuel per pull $ 29.82 $ 31 A6 $ 33.11 $ 33.11 Total $ 220.26 $ 232.38 $ 244.47 $ 244.47 WASTED TRIP CHARGES $ 75.30 MonthlyCharges/Two Haul Minimum $ 75.31 Disposal: collection & disposal per ton $ 19.57 Garbage per ton $ 35.00 Vegetatlonper ton $ 16.92 Any additional or special waste collection request over and above contracted service rate can be negotiated between the customer and contractor. SECTION 2: RATE ADJUSTMENTS. The present Franchise, as amended, for Solid Waste Collection and Disposal Services within the City of Okeechobee, effective October 1, 2019, to September 30, 2020, is subject to periodic rate adjustments for consumer price index (CPI) cost of living, diesel fuel surcharge, and adjustments necessary due to changes in law or regulatory action. Such rate adjustments may affect Commercial Rates over those set out in Section One, which will not occur without public notice and public hearing. SECTION 3: CONFLICT. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. That if any portion of this Resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 5: EFFECTIVE DATE. The charges and rate established by this Resolution shall take effect on the list day of October, 2019. INTRODUCED AND ADOPTED in regular session this 16th day of July, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Resolution No. 20" 9-06 — Page 2 of 2 Exhibit 12 July 16, 2019 RESOLUTION NO.2019-07 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING RESOLUTION NO. 98.09, AS AMENDED, APPENDIX A OF THE CODE OF ORDINANCES, WHICH ADOPTS AND ESTABLISHES ADMINISTRATIVE FORMS FOR USE IN CONJUNCTION WITH THE LAND DEVELOPMENT REGULATIONS; PROVIDING SUBMITTAL REQUIREMENTS AND PROCESSING STANDARDS FOR APPLICATIONS FOR PARKING REDUCTION PETITIONS; CREATING FORM 18, PARKING REDUCTION PETITION; AMENDING RESOLUTION NO. 98- 10, AS AMENDED, APPENDIX B OF THE CODE OF ORDINANCES WHICH ADOPTS AND ESTABLISHES INFORMATION REQUIRED ON APPLICATION FORMS; PROVIDING STANDARDS FOR PARKING STUDY SUBMITTALS; CREATING INFORMATION ITEM NUMBER 12, PARKING STUDY; AMENDING RESOLUTION NO. 98-11, AS AMENDED, APPENDIX C OF THE CODE OF ORDINANCES, SCHEDULE OF LAND DEVELOPMENT REGULATIONS FEES AND CHARGES; REQUIRING CERTAIN FEES FOR PROCESSING OF APPLICATIONS FOR PARKING REDUCTION PETITIONS; CREATING FEE SCHEDULE 20; AS SET FORTH AS ATTACHMENTS TO THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, approves submittal requirements and processing standards for applications for reduction of parking requirements, and approves standards for submittals of parking studies according to Land Development Code Chapter 90, Article IV, Division 2; and WHEREAS, the City Council of the City of Okeechobee, Florida, upon recommendation of the Planning Board from the May 16, 2019, meeting to provide for application, information and establish a fee for such applications for reduction of parking requirements according to the Land Development Regulations in the Code of Ordinances, Chapter 90, Article IV, Division 2; and WHEREAS, in order to guide and direct City staff in processing such applications it is necessary to set Application Forms, Information Requirements, and Fees as established in Resolution's No. 98-09, No. 98-10, and No. 98-11, as amended, adopted by the City Council and set forth in Appendix A, B, and C respectively. NOW, THEREFORE, be it ordained by 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 Officer for the City: SECTION 1: That the City Council of the City of Okeechobee, Florida hereby adopts this Resolution to affect the following changes and/or additions to the Code of Ordinances as follows: APPENDIX A. APPLICATION FORMS AND CONTENT REQUIREMENTS Form 18, — Parking Reduction Petition. 1. Application contents. Parking reduction request applications shall be submitted on the appropriate application form and include the following: a. Petitioners name, address, phone number. b. Property survey and location map. c. Preliminary site plan or site development plan (if parking reduction is requested in conjunction with site plan). d. Description of all proposed uses. e. Parking study f. Supplementary supporting information. q. Application fee. 2. Processing. Parking reduction request applications are processed as follows: a. Applicant submits application to general services department. b. Administrator reviews application, initiates processing. c. Technical review committee reviews application and recommends either approval, denial, or approval with conditions. d. Administrator issues notice of second public hearing. e. City Council holds public hearing, renders final decision on petition RESOLUTION NO. 2019-07 PAGE 1 OF 2 Language to be added is undedhed. Language to be deleted is saw-L4neegb. APPENDIX B - INFORMATION REQUIRED ON APPLICATION FORMS Information 12. — Parking Study. A parking study shall contain the following: 1. Property owner's name, address and phone number. 2. Survey and floor plan. 3. Description of all proposed uses including business operations number of employees hours of operations, etc. 4. Proposed site plan if parking reduction is requested in conjunction with site plan approval 5. Traffic/parking analysis and any other materials needed to support parking reduction request 6. Site plan and landscape plan of deferred parking area if a deferred parking area is proposed APPENDIX C. SCHEDULE OF LAND DEVELOPMENT REGULATIONS FEES AND CHARGES Fee Schedule: 20. Applications for Parking Reduction Requests $250 00 SECTION 2: Conflict. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 4: Effective Date. This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in Regular Session this 16th day of Jam, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney RESOLUTION No. 2019-07 PAGE 2 OF 2 Language to be added is underlined. Language to be deleted is e6a�. .1iibit 2 June 20, 2019 City of Okeechobee Date: , . ! r.Utldon No. CIOI.. -l�ri Fee Paid: Jurisdiction: . CIO General Services Department 55 S.E. 3`' Avenue, Room 101 1S Hearin ` ;+ d 2" Hearing: = ._;�_.; s g: {'_ �, " Okeechobee, Florida 39974-2903 Publication Dates: Phone: (863) 763-3372, ext. 218 Notices Mailed: Fax: (863) 763-1686 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: 01- 2 Mailing address: 3 E-mail address: 4 Daytime phone(s): Do you own residential property within the City? Yes U No If yes, provide address(es) 5 Do you own nonresidential property within the City? Yes No If yes, provide address(es) 6 REQUEST INFORMATION Request is for: O Text change to an existing section of the LDRs (_ Addition of a permitted use (_) Deletion of a permitted use 7 (� Addition of a special exception use (__) Deletion of a special exception use (� Addition of an accessory use (_) Deletion of an accessory use Provide a detailed description of text changes to existing section(s) showing deletions in st�t� of and additions in underline format. (This description may be provided on separate sheets if necessary.) 8 LDR Amendment Application Page 1 of 3 LaRue Staff Report To: Okeechobee Council From: Ben Smith, AICP Date: July 2, 2019 Subject: LDC Revisions- Retail Service, Personal Service, Pawnshops and Bars Staff is recommending a revision to the City's Land Development Code in order to address several inconsistencies regarding the definitions for retail service, personal service and pawnshops and to separate the uses included in these definitions. The definitions of personal service and retail service include uses that should be defined separately and treated separately. The current definition of personal service includes pawnshops. The current definition of retail service includes restaurant, take-out restaurant, cafe, pawnshop, and bar/tavern. In the CLT zoning district, personal service and retail service are permitted uses. Although restaurant, take-out restaurant, and cafe are special exception uses. This means that restaurants, take-out restaurants, cafes, and bars are both permitted uses and special exception uses. In the CPO zoning district, under special exception uses, it lists "personal services, except pawn shops and dry cleaning on premises" We recommend that a definition be added for pawnshop, that pawnshop be removed from the definitions of personal service and retail service, and that pawnshops be listed specifically as permitted uses or, special exception uses in the various zoning district regulations. Additionally, restaurant, take-out restaurant, cafe, bar and tavern should be removed from the definition of retail service; as these are all separate uses that are already defined. Staff is also recommending revising the City's Land Development Code to address several inconsistencies regarding the listing of bars as a permitted use or specially permitted use. Three uses (private club, night club, and bar) are all listed together as permitted uses in the CHV district and as special exception uses in the CLT district. Bars are not currently listed as a permitted use in the CBD and PUD-M districts. However, nightclubs are listed as a permitted use in the CBD and PUD-M districts; and the main difference between the definition of a bar and the definition of a nightclub is that live entertainment is included in the definition of a nightclub and live entertainment is excluded from the definition of a bar. Allowing live entertainment generally makes the nightclub use more intense than the bar use. And it's seems reasonable that the less intense use would be allowed where the similar, but more intense use is allowed. The definitions are as follows: Bar means an establishment for the sale and on -premises consumption of alcoholic beverages as a primary use, without live performers, and includes a tavern, cocktail lounge and saloon. Nightclub means an establishment providing indoor entertainment, usually with live performers and dancing, where food and alcoholic beverages may be sold for on -premises consumption. Private club means an establishment catering exclusively to an association of persons and their Provicling Planning and management solutions for local governments 1375 Jac6on jtreet, `juite 2o6 Fort Myers, FL 3390 i 239-334-3366 www.larueplanning.com guests, on a primarily not -for -profit basis, and which is not available for unrestricted public access, includes fraternal lodge, sorority, and union hall. The City Clerk did some researching and found that in the oldest available version of the City's Codes, the three uses (private club, night club, and bar) were all listed together as permitted uses in the C-I, C-II, and CBD district. Then in the Ord #716, it appears that bar was just left out. This may be because it was intended that the nightclub use would include bars, since the main difference seems to be that the definition of nightclub includes live entertainment and the definition of bar excludes live entertainment. It may also be that bar was added to the definition of retail service and no longer needed to be listed with private club and nightclub. In any case, bars should be separate from retail service and grouped/allowed with private club and nightclub where those uses are already allowed. As such, it seems appropriate to add bar as a permitted use to both the CBD district and the PUD-M district by amending the Code. At a May 16`" Planning Board workshop, the Board provided the following direction: • Creation of new definition for pawnshop • Revisions to the definitions of personal service and retail service • Pawnshops to be made a permitted use in the Heavy Commercial (CHV) Industrial (IND) and Mixed -use Planned Unit Development (PUD-M) zoning districts • Pawnshops to be made a special exception use in Light Commercial (CLT), Commercial Professional and Office (CPO) and Central Business (CBD) zoning districts • Bar to be made a permitted use in the Central Business (CBD), Industrial (IND) and Mixed -use Planned Unit Development (PUD-M) zoning districts • Restaurant, take-out restaurant, and cafe to be made permitted uses in the Central Business (CBD), Industrial (IND) and Mixed -use Planned Unit Development (PUD-M) zoning districts Staff prepared these land development code revisions in an Ordinance and presented it to the Planning Board at the June 20`h meeting. The Board voted 5-0 to recommend approval to the City Council. L,K 2 planning Staff Report To: Okeechobee Council From: Ben Smith, AICP Date: July 2, 2019 Subject: Appendix Revisions- Parking Reduction Petition City Code Sections 90-483 through 90-485 provide for requests to reduce the amount of parking that is required according to Section 90-512. However, there is no fee schedule, submittal process, or parking study requirement provided specifically for parking reduction requests. Currently, the City charges the same fee for a parking reduction request as a site plan review. In situations where the parking reduction request is concurrent with the site plan review, this is appropriate. However, there are certain situations (e.g. change of use) where an applicant may request a parking reduction without a site plan review. In these cases, it is not appropriate to charge a site plan fee which is a minimum $1,000. Staff is recommending that a fee of $250 may be more appropriate, considering that staff will spend considerably less time processing a parking reduction request which is not associated with a site plan. At a May 161h Planning Board workshop, the Board provided direction regarding the creation of a new fee schedule for parking reduction requests. Staff prepared a Resolution which provides a parking reduction petition fee and outlines the submittal requirements and steps for processing parking reduction petitions. This Resolution was presented to the Planning Board at their June 20`h meeting and the Board voted 5-0 to recommend approval of that Resolution to the Council. Providing Planning and management solutions for local governments 1375 Jackson Street, Suite 206 Fort Myers, FL 339ol 239-334-3366 www.larueplanning.com CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD DISCUSSION FOR JUNE 20, 2019 PAGE 1 OF 7 I AGENDA I DISCUSSION I I. CALL TO ORDER -Chairperson. Regular Meeting, June 20, 2019, 6:00 P.M. IL OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover, III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Felix Granados Alternate Board Member Jim Shaw Board Attorney John R. Cook City Planning Consultant Ben Smith Administrator Marcos Montes De Oca Board Secretary Patty Burnette IV. AGENDA - Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members or the Public. V. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop. In the absence of the Chairperson and Vice Chairperson, Secretary Burnette called the June 20, 2019 meeting to order at 6:04 p.m. and instructed those present to appoint a Chairperson Pro-Tempore to preside over the meeting. By consensus of the Board, Member Brass was appointed. The Pledge of Allegiance was led by Chairperson Pro-Tempore Brass. Board Secretary Burnette called the roll: Absent (with consent) Absent Present Present Absent (with consents,` Present "' Present Absent (with consent) Present (moved to voting position) Absent (with consent) Present Absent (with consent) Present Chairperson Pro-Tem Brass asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. There being none the agenda stands as published. Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop; seconded by Member McCreary. There was no discussion on this item. AGENDA DISCUSSION V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Board VOTE Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop continued. HOOVER - ABSENT McCoy - ABSENT BAUGHMAN- YEA BRASS- YEA CHARTIER - ABSENT )ONASSAINT - YEA MCCREARY- YEA GRANADOS ABSENT SHAW YEA MOTION CARRIED. VI. UNFINISHED BUSINESS - Secretary. A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public Secretary Burnette read into the record Form 8B Memorandum of Voting Conflict for County Municipal, and other Officers related to Rezoning Petition No. 19-003-R on April 18, 2019. Local Public Officers related to Rezoning Petition No. 19-003-R which was received on April 18, 2019, and filed by Alternate Board Member Rick Chartier, address 2017 Southwest 67th Drive, Okeechobee Florida, and made a part of the official record filed in the permanent Minute File for this meeting. VII. OPEN PUBLIC HEARING - Chairperson. CHAIRPERSON PRO-TEM BRASS OPENED THE PUBLIC HEARING AT 6:08 P.M. A. Abandonment of Right -of -Way Petition No. 19-002-SC, to vacate a Abandonment of Right -of -Way Petition No. 19-002-SC, to vacate a portion of Southeast 4th Street from Southeast portion of Southeast 4th Street from Southeast 10th Avenue westward to 10th Avenue westward to deadend (approximately 40-feet by 373.5-feet). deadend (approximately 40-feet by 373.5-feet) (Exhibit 1). �I 1. Review TRC Recommendation - approval with special conditions. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. Mr. Smith explained the Applicant, Louis D'Onofrio, is requesting to abandon the east -west 373.5-foot long, 40-foot wide unimproved right-of-way of Southeast 4th Street between Southeast 10�1 Avenue and a canal. The Applicant owns all of the contiguous properties which encompass Lot 12 of Block E, Lot 1 of Block F, and Lot 1 of Block 4. The Petition was reviewed at the May 16, 2019, Technical Review Committee Meeting, a recommendation was made for approval with the following special condition: the City of Okeechobee Public Works Department requires an access easement of 12-feet on the north side of Lot 12, Block E, to facilitate maintenance to the canal. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Single Family on the Future Land Use Map. The right-of-way is not the sole means of access to any property. All three parcels bordering the right-of-way are owned by the Applicant and two of those parcels have access to Southeast 101h Avenue. The proposed right-of-way area to be vacated has not been improved to facilitate vehicular travel. Turning over maintenance responsibility to the Applicant and adding this property to the City tax r, rolls will be a benefit to the City. Finally, the Applicant has received authorization from all necessary utility entities G however, it may be necessary to reserve a portion of this property as an easement in order to preserve the canal. q Member Brass relayed her concern as to whose responsibility it would be for maintaining the proposed Public Works easement and assurance that nothing would be blocking accessibility to the easement. Mr. Smith replied it would be the Applicant's responsibility for maintenance and that structures could not be built in the easement. JUNE 20, 2019 - PLANNING BOARD - PAGE 3 OF 7 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. A. 2. Hear from the Property Owner or Designee/Agent - Mr. Louis D'Onofrio. Chairperson Pro-Tem Brass asked whether the property owner or designee/agent wished to speak. Mr. Louis D'Onofrio, was in attendance and available for questions. Member Shaw inquired as to what the Applicant's intended use would be for the property should the abandonment be approved. Mr. D'Onofrio responded he wished to finish making repairs to the residence, add a small driveway and just generally clean up the property so that he could reside there. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex-Parte Communications by the Board. 5. a) Consider a recommendation to the City Council to approve or deny Petition No.19-002-SC. b) Board discussion. c) Vote on motion. B. Consider LDR Text Amendment Application No. 19-001-TA, amending Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; an application and proposed fee for Parking Reduction Requests (Exhibit 2). 1. Presented by Planning Staff. Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There were none. The Petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 25 surrounding property owners. Chairperson Pro-Tem Brass asked Board Members to disclose forthe record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Motion and a second offered by Members Baughman and Jonassaint to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 19-002-SC, to vacate a portion of Southeast 4th Street from Southeast 10th Avenue westward to deadend (approximately 40-feet by 373.5-feet) with the following special condition: the City of Okeechobee Public Works Department requires an access easement of 12-feet on the north side of Lot 12, Block E, Wright's 3ro Addition to Okeechobee, Plat Book 1, Page 9, Public Records of Okeechobee County, Florida, to facilitate maintenance to the canal. Chairperson Pro-Tem Brass asked whether there was any further discussion. There was none. VOTE HOOVER - ABSENT McCoy - ABSENT BAUGHMAN- YEA BRASS - NAY CHARTIER - ABSENT JONASSAINT- YEA MCCREARY- YEA GRANADOS - ABSENT SHAW - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for August 6, 2019, 6:00 P.M. The following proposed Land Development Regulations (LDR's) Text Amendments, provided through Application No. 19-001-TA, amends Code Book Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; and Appendices A, B, and C, which stem from a Workshop held on May 16, 2019. Refer to those minutes for additional discussion regarding each of the areas discussed. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. Exhibit 2 contained a copy of two memorandums dated June 12, 2019, one with the subject titled "LDC Revisions -Retail Service, Personal Service, Pawnshops and Bars", (one page) and the other subject titled L �,:�zo ci _uq .TUNE 20, 2019 - PLANNING BOARD - PAGE 4 OF 7 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. Br Presented by Planning Staff for Application No. 19-001-TA continued. "Appendix Revisions -Parking Reduction Petition" (one page). The memorandums provided background and purpose of each proposed amendment. The Exhibit also contained a copy of the text amendment in a draft ordinance, (eight pages) as well as a draft resolution (three pages) which provided the exact language to be added or deleted to each section of the code. Public comments or questions from those in attendance, or submitted to Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There the Board Secretary. were none. 3; Disclosure of Ex-Parte Communications by the Board. Ca) Consider a recommendation to the City Council to approve or deny Application No. 19-001-TA. Chairperson Pro-Tem Brass asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the Application. None were offered. Motion and second was offered by Members McCreary and Jonassaint to find LDR Text Amendment Application No. 19-001-TA consistent with the Comprehensive Plan, and recommend to the City Council approval of the following sections as presented: Add definition for "pawnshop" to Section 66-1, Definitions, to read as follows: Pawnshop means an establishment where items may be bought outright or left as collateral in order to borrow money; and which those same items may be sold. Amend Section 66-1, Definitions, Service, personal, by deleting the word "pawnshop" from the list. Amend Section 66-1, Definitions, Service, retail by deleting the words "restaurant, take-out restaurant, cafe pawnshop" and the wording "as well as a bar or tavern for on premise consumption of alcoholic beverages" Amend Sections 90-282, 90-342, and 90-402, by adding "pawnshop" to the list of permitted uses in the Heavy Commercial (CHV), Industrial (IND), and Mixed -Use Planned Unit Development (PUD-M) Districts. Amend Sections 90-223, 90-253 and 90-313, by adding "pawnshop" to the list of special exception uses in the Commercial Professional and Office (CPO), Light Commercial (CLT), and Central Business District (CBD) Zoning Districts. Amend Sections 90-312, 90-342, and 90-402, by adding "bar" to the list of permitted uses in the CBD, IND, and PUD-M Districts. Amend Sections 90-312, 90-342, and 90-402, by adding "restaurant, take-out restaurant and cafe' to the list of permitted uses in the CBD, IND, and PUD-M Districts. Amend Appendices A, B, and C to include submittal requirements and processing standards for applications for I _)� . zti -ZoIq -C'1 .TUNE 20, 2019 - PLANNING BOARD - PAGE 5 OF 7 AGENDA DISCUSSION VII. LIC HEARING ITEM CONTINUED. ra) Consider a recommendation to the City Council to approve or deny parking reduction petitions, as well as an application form; standards for parking study submittals; and adding a fee. `—' Application No. 19-001 -TA continued. �b) Board discussion. C) Vote on motion. CLOSE PUBLIC HEARING — Chairperson. Vill. RECESS REGULAR MEETING AND CONVENE WORKSHOP — Chairperson. A. Planning Staff Report Topics (Exhibit 3), 1. Restaurant parking requirements. 2. Minimum square footage for single family dwellings. Chairperson Pro-Tem Brass asked whether there was any further discussion. There was VOTE HOOVER - ABSENT McCoy - ABSENT BAUGHMAN- YEA BRASS - YEA CHARTIER - ABSENT JONASSAINT - YEA MCCREARY- YEA GRANADOS - ABSENT SHAW - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for August 6, 2019, 6:00 P.M. CHAIRPERSON PRO-TEM BRASS CLOSED THE PUBLIC HEARING AT 6:26 P.M. CHAIRPERSON PRO-TEM BRASS RECESSED THE REGULAR MEETING AND CONVENED THE WORKSHOP SESSION AT 6:26 P.M. Mr. Smith explained this topic was previously discussed at the May 16, 2019 Workshop meeting and the consensus of the Board was they requested some examples as they wanted to make sure this proposal would not present higher requirements for businesses than what they are held to currently. He explained he still has further research to do and will bring the item back for discussion at the next workshop meeting. Mr. Smith reviewed his Staff Report dated June 12, 2019, explaining the City's current standard according to Section 90-169 of the LDR's is, any single-family dwelling located in a Residential Single Family -One; Residential Single Family -Two; Residential Multiple Family; or Residential Mobile Home, zoning district shall comply with the following appearance and design standards: Minimum floor area. The minimum floor area shall be 800-square feet, including the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided in subsection (10) herein. To be eligible for calculation as minimum floor area, such square footage shall be contained under a single integrated roof system. A roof system designed by the manufacturer to be a single structure shall be considered an integrated roof system under this subsection even if delivered in more than one part and assembled on site. Mr. Smith further commented that should the Board recommend increasing the single family dwelling minimum unit size, it may be appropriate to consider providing a specific standard for each zoning district where single family dwellings are a permitted use. This would allow for zoning districts with smaller lot sizes to continue to accommodate smaller dwelling unit sizes and to minimize the number of nonconformities that would be created by JUNE 20, 2019 - PLANNING BOARD - PAGE 6 OF 7 AGENDA DISCUSSION Vill. WORKSHOP ITEMS OF DISCUSSION CONTINUED. A. 2. Minimum square footage for single family dwellings continued. this proposed revision. Lastly, he explained to the Board while reviewing the existing LDR's, he discovered several sections that were not organized correctly. The RMH zoning district actually includes several sections, (90-167 through 90-172), which seem to be intended to apply to multiple zoning districts. He suggests either creating a new division in the LDR's to move these sections to or move them to the section that is entitled Supplementary District Regulations. 3. Mobile food vendors. Discussion among the Board Members touched on if the minimum floor area requirement includes the area of an attached garage, would that then mean the garage could be actually bigger than the single family dwelling and also what does a single integrated roof system mean. Mr. Smith commented he would need to research the Florida Building Code to see if there is a minimum requirement for a single family dwelling as it seems like the actual dwelling should be larger than the attached garage. He explained a single integrated roof system would mean sharing the same single roofing structure. Consensus of the Board was to allow the Planner time to research the Florida Building Code to determine if there are square footage requirements for the actual dwelling and they liked his recommendation of moving Sections 90-167 through 90-172 to a different section of the LDR's instead of just being included in the RMH zoning district. Mr. Smith reviewed his Staff Report dated June 12, 2019 explaining he was directed to address the issue of mobile food vendors also known as food trucks as they are not specifically addressed in the City's LDR's. Currently in Section 14-121 of the City's LDR's it states, sales of merchandise on City -owned or leased properties, or on City road rights -of -way lying within the City, is prohibited. Additionally, mobile food vending is not specifically allowed in any of the City's zoning districts and would not meet the standards for restaurants or other food service establishments without approval of a site plan that included considerations for parking, bathrooms and other standards. Except for the allowable exemption for special events provided in Section 14-141 of the LDR's, it is staff's opinion that mobile food vending is effectively prohibited within the City. In order to provide the Board with a full understanding of the potential benefits and the potential problems associated with mobile food vending, he has provided two articles, Planning for Food Trucks (two pages) and Eating on the Go: Mobile Food Trucks (five pages), which provide a thorough description of the issues involved. In addition he has also provided code regulations from Okeechobee County, Fort Myers and the City of Melbourne, which demonstrate several alternative approaches to regulating mobile food vending. He offered four different options for the Board to discuss: take no action and continue to rely on the existing LDR's; strengthen the existing LDR's to specifically define mobile food vending, specifically prohibit mobile food vending, and continue the existing exemption for special events; allow for additional opportunities for mobile food vending on private property in certain situations; or allow for additional opportunities for mobile food vending on public property in certain situations. Discussion among the Board Members touched on the consensus that mobile food vending was currently prohibited. They discussed several pros and cons of permitting mobile food vendors/trucks within the City limits. Impact on small businesses, concerns with monitoring health issues, these businesses not paying property taxes, and special events JUNE 20, 2019 - PLANNING BOARD - PAGE 7 OF 7 AGENDA DISCUSSION Vill. WORKSHOP ITEMS OF DISCUSSION CONTINUED. A. 3. Mobile food vendors continued, for nonprofit organizations. If they were allowed, then maybe they should be permitted by special exception, so specifics could be included to address parking, bathrooms, if they would be permitted to have seating, hours of operation, how many vendors would be allowed to have a permit for operating, in which zoning districts they would be permitted and should health inspections be conducted. Member Brass commented that having a mobile food truck is sometimes how a company starts out before opening a restaurant. She also offered, given the City is only a little over four square miles, and several food trucks are located in close proximity to the City, folks do not need to travel far to find one. Member Jonassaint mentioned maybe establishing a place in the City where trucks could come once a week and set up. Discussion ensued as to where that possible location could be. They had no locations to offer. RECESS WORKSHOP AND RECONVENE REGULAR MEETING. IX. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. ATTEST: Karyne Brass, Chairperson Pro-Tempore Patty M. Burnette, Secretary Consensus of the Board was to take no action on this topic and continue to rely on the existing LDR's. CHAIRPERSON PRO-TEM BRASS ADJOURNED THE WORKSHOP AND RECONVENED THE REGULAR MEETING AT 7:15 P.M. There being no further items on the agenda, Chairperson Pro-Tem Brass adjourned the meeting at 7:15 p.m. r Exhibit 13 July 16, 2019 RESOLUTION NO.2019-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MEMORANDUM OF AGREEMENT RENEWAL NO. 2, CONTRACT NO. BE391, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE MAINTENANCE AND BEAUTIFICATION ALONG STATE ROADS 70 AND 15 WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, (City) is very concerned over the appearance of street rights -of -way, sidewalks, medians islands, and interchange areas within the corporate limits; and WHEREAS, the City, after discussion with the State of Florida Department of Transportation (FDOT), believes that it can better perform the maintenance and landscaping of those areas; and WHEREAS, the FDOT has agreed to provide annual funds to the City in the amount of nine thousand, six hundred twenty-five dollars and forty-five cents ($9,625.45) for an initial service term of three years and may be renewed for an additional three years thereafter by mutual agreement in writing of both parties; and WHEREAS, the City Council believes such an agreement to be in the best interest of the citizens of the City. NOW, THEREFORE, be it resolved 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: The Mayor is hereby authorized to execute an agreement entitled "State of Florida Department of Transportation Memorandum of Agreement Renewal No. 2, Contract No. BE391-R2, FM No: 432726-1-78-06' between the City and FDOT. Agreeing to roadside mowing and edging, litter removal, and road and bridge sweeping, as set out in said agreement, within median islands, interchange areas, and rights -of -way of certain State roadways in the corporate limits of the City, in exchange for the payment of nine thousand, six hundred twenty-five dollars and forty-five cents ($9,625.45) annually. Payments shall be invoiced by the City to FDOT and disbursed as set out in said agreement. Initial term of said agreement shall be for one year, and may be renewed for an additional one year, contingent upon written mutual consent executed by the City to FDOT and satisfactory performance evaluations by FDOT. SECTION 2: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 4: Effective Date. This Resolution shall take effect August 4, 2019. INTRODUCED AND ADOPTED in Regular Session this 16th day of jam, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor RESOLUTION NO. 2019-08 PAGE 1 OF 1 1 AGREEMENT NO.: BE391 FM NO.: 432726-1-78-06 Page 1 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT RENEWAL # 2 This is an Agreement, between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the "DEPARTMENT", and CITY OF OKEECHOBEE, a political subdivision of the State of Florida, existing under the laws of Florida, herein after referred to as the "AGENCY". WITNESSETH WHEREAS, the DEPARTMENT and the AGENCY heretofore on July 26, 2017, entered into an Agreement whereby the DEPARTMENT retained the AGENCY to perform Intermediate Mowing, Litter Removal, Mechanical Sweeping, and Edging and Sweeping, and; WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original Agreement; NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the other, the parties agree to a renewal of said original Agreement dated July 26, 2017 for a period of one (1) year beginning August 411, 2019 and ending the August 3rd, 2020. The Department shall pay the Agency for services rendered in accordance with this Agreement annually, as follows: Three (3) quarterly lump sum payments will be made in the amount of Two Thousand Four Hundred Six Dollars and Thirty -Seven Cents (S2,406.37) and One (1) quarterly lump sum payment will be made in the amount of Two Thousand Four Hundred Six Dollars and Thirty - Four Cents ($2,406.34). The Total annual contract/expenditure amount is Nine Thousand Six Hundred Twenty -Five Dollars and Forty -Five Cents ($9,625.45). Except as set forth herein, all terms and conditions of said original Agreement shall remain in force and effect during the term of this renewal. See Attachment A, attached hereto and made part of this Agreement. 0 W 7�1 AGREEMENT NO.: BE391 FM NO.: 432726-1-78-06 Page 2 of 2 IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executed in its behalf this day of , by the , authorized to enter into and execute same by Resolution Number dated and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this day of , ATTEST: CI"I'1" O1, O[-�ECIIOIi1:I,: Signature Signature NAME: NAME: Print Print TITLE: rll'LE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION .ATTEST: (SEAL) BY: Executive Secretary District One Secretary or Designee DATE: NAME: NAME: Print Print 5-A "/ZA �t1 DOT District Maintenance Administrator DOT Legal Review: Approval: Signature Signature Availability of Funds Approval: DATE: July 1 ", 2019 ft MAINTENANCE AGREEMENT NO.: CONTRACT # BE391 FM NO.: 432726-1-78-06 Page IofI ATTACHMENT "A" LOCATIONS AND PRICES FOR CITY OF OKEECHOBEE Location: 1 Section: 91070000 Mile Post: 8.585-10.349 State Road: SR 70_ within cnrnnratp limitc of the r:itu Quantity Units Cycle s Unit Cost Location Cost Activity Intermediate Machine Mowing 0.15 Acres 11 $58.34 $96.26 Litter Removal 0.15 Acres 12 $9.77 $17.59 Mechanical Sweeping 3.97 Edge Mi 12 $39.61 $1,887.02 Edging and Sweeping 1.33 Curb Mi 6 $107.70 $859.45 Location: 2 Section: 91020000 Mile Post: 1.626 - 4.131 State Road: US 441lSR 15, within the corporate limits of the Citv Activity Intermediate Machine Mowinq Quantity Units Cycle s Unit Cost Location Cost 1.54 Acres 11 $58.34 $988.28 Litter Removal 1.54 Acres 12 $9.77 $180.55 Mechanical Sweeping 10.02 Edge Mi 12 $39.61 $4,762.71 Edging and Sweeping 1.29 Curb Mi 6 $107.70 $833.60 SUMMARY Quantity Units Cost Cycle s Activity Intermediate Machine Mowinq 1.69 $58.34 11 Litter Removal 1.69 $9.77 12 Mechanical Sweeping 13.99 $39.61 12 Edqinq and Sweepinq 2.62 $107.70 6 Total Annual Cost $9,626.45 Three Quarterly Payments $2,406.37 One Quarterly Payment $2,406.34 Exhibit 14 July 16, 2019 C[ty of Okeechobee ° 0Code Enforcement +1915+ CASE NO. 15-013 CODE ENFORCEMENT SPECIAL MAGISTRATE THE CITY OF OKEECHOBEE, FLORIDA. CITY OF OKEECHOBEE Petitioner, -vs- Respondent. Anthony Bertram / NOTICE OF HEARING Pursuant to Florida Statutes 162 and Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Inspector, hereby gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Special Magistrate for the City of Okeechobee, to consider a release or reduction of lien on Case #15-013, 1105 SW 71h Avenue, Okeechobee, Florida. NOTICE IS HEREBY GIVEN that the Code Enforcement Special Magistrate will meet in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 25th day of June, 20 19 , at 6:30 p.m. DATED THIS --,L-1— day of �CneY , , 2019 CODE ENFORCEMENT 55 SE Third Avenue Okeechobee, Florida 34974 Phone: (863) 763-9795 Fred Sterling Code Enforcement Officer 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 9 (863) 467-1586 9 Fax: (863) 763-4489 CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA, CASE NO. 15-013 CITY OF OKEECHOBEE, PETITIONER, -vs- RESPONDENT, Anthony Bertram / LIEN / ORDER THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on May 8 , 20 18 . After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 8 & S %: of 7 Blk: 247 Section: 1" Addition to City of Okeechobee Parcel: 3-21-37-35-0020-02470-0070 Property location: 1105 SW 7' Avenue, Okeechobee, FL Property owner: Anthony Bertram Property has been found to have commercial vehicles & unpermitted structures. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Ch 30 Sec 30.43 Public nuisance & Ch 54 Sec 54-51 Commercial vehicles C. ORDER: The City of Okeechobee Code Enforcement Board has determined you have violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance & Ch 54 Sec 54-51 commercial vehicles concerning your property located at 1105 SW 7' Avenue Okeechobee. FL . If you do not correct the violation bKJuly 10, 2018 or notify the Code Enforcement Officer of the correction, the Board imposes a fine of S15.00 - - - per day commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to. the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. AGREED AND ORDERED this 1/ 44— day of 20 18 . CITY OF OKEECHOBEE, Petitioner Anthony Bertram Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida /Chairperson Enfor meat Offic ATTEST: Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , Fred Sterling- and Sue Christopher . well known to me and known by me to be the Chairperson of the Board, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD. SWORN TO AND SUBSCRIBED before me this 3� day of 201`a . ��[�n �IXUUtQ9J „WCO p rMWNES M -AM=2= NOTARY PUBLIC �,' no�'� k14WR b.d*W.rs.m- My Commission expires: 04AJ )"5, aoao Please return to: City of Okeechobee Code Enforcement 55 SE Yd Avenue Okeechobee, FL 34974 (863)467-1586 CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 15-013 CITY OF OKEECHOBEE, PETITIONER, j IIIIII IIIII IIIII Ilill Ilill ME j III( j IIII FILE HUM 2018014291 OR BK 817 PG 53 -VS- SHARON ROBERTSON, CLERK d COMPTROLLER OKEECHOBEE COUNTYe FLORIDA RECORDED 12/06/2018 01:11:44 PM RESPONDENT, RECORDING FEES $18.50 RECORDED BY M Pinan Pss 53 - 50 (2 Pss) Anthony Bertram / LIEN / ORDER THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on May 8 P2Q Ig . AN,i-4ue notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDIN(38,OF FACT: Lots:'18 & S %'6f 7 Blk 247 Section: I" Addition to City of Okeechobee Parcel: 3 2.1.37-35 0020-0;2470-0.070. Property location II45,SW 7" Avenue, Okeechobee, FL Property owner: Anthony Bertram Property has beeir`#vund to have commercial vehicles & unpermitted structures. B. CONCLUSIONS OF LAW: , The owner of the property described above.has been found in violation of Ch 30 Sec 30-43 Public nuisance &:Ch 54 See' 64-51 Commercial vehicles C. ORDER: The City of Okeechobee' Co ie Enforcement Board has determined you 'have"violate`d-the•Code of Ordinances, Ch 30 Sec 30-43 Publianuisance ''Ch 54 Sec 54-51 commercial vehicles CO erring your property located at 1105, W Vi Avenue, - _Okeechobee: FL you do not correct the violation by July 16.1 19 " or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $15.00 - - - per day commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. Book817/Page53 CFN#2018014291 Page 1 of 2 AGREED AND ORDERED this day of 12018 . CITY OF OKEECHOBEE, Petitioner Anthony Bertram Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida hairperson E n fo rudment.601c ATTEST: • �' ap VP Recording Secretary STATE OF FLORIDA { COUNTY OF OKEECHOBEE PERSONALLY appeared before me the undersigned authority; Jamie Gamiotea , Fred Sterling and Sue Christ6p3ier , well knows ito;me and known by me to be the Chairperson of the Board, Code Enforcement Office `And kecording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENTWARD. SWORN TO AND SUBSCRIBED before me this 'I I day jai UrY► '' NOTARY PUBLIC k4d w'A,,'�0..,e, My Commission expires: 41JI, a5, kao Please retum to: City of Okeechobee Code Enforcement 55 SE 3rd Avenue Okeechobee, FL 34974 (863)467-1586 800k817/Page54 CFN#2018014291 Page 2 of 2 1 V J J 7 Form 668 (Y)(c) Department of the Treasury - Internal Revenue Service (Rev. February 2004) Notice of Federal Tax Lien Area: Serial Number For Optional Use by Recording Office SMALL BUSINESS/SELF EMPLOYED AREA ##3 Lien Unit Phone: (800) 913-6050 342816319 As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. There% 111 !lIli 1!I!! IIIlI IIlII !Ills I!!I I!!I there is a lien in favor of the United States on all property and rights property belonging to this taxpayer for the amount of these taxes, aFfdL L E NU ht 2 01900 31- 4 7 additional penalties, interest, and costs that may accrue. Q R P- K ;B 22 P G 9 Name of Taxpayer ANTHONY Z BERTRAM S N ROBERTSON, CLERK, ii COMPTROLLER OKEE HOBEE COUNTYr FLORIDA REC(RDED 03/26/2019 01:32:41 PM REC 'DING FEES 0.00 Residence REEERDED BY M P i non 10 03 S 7T1I . ;AVENUE Ps i i 1 pe ) OKEECHOBEE'' b'L:',,34974 I MPORTANT REEF 4S£ INFORMATION: For each assessment listed below, notice of the lien is refiled by the date' given in column (e), this notice shall, day followirg'such date, operateas a certificate of release as defined 6325(a). '� Tax Perlod qfA,.4,, Date of fast Dayfor Unpaid Balance Kind of Tax £ndhi , x, r d6tl"'-_'g Number Assessment Refilling of Assessment (a) (b) ) (e) (f) 1040 12/31/2013 XXX XX-4342 01/pa'7./2019 ;: 02/06/2029 957.05 1040 12/31/2015 XXX, -4342 017/2019f .02/06/2029 2931.74 1040 12/31/2016 XXX jjj .4342r 0r, 2019f02/p6/2029 51887.99 , s •r` t %f i ` "#- X yY v ,GKL^�'yw t H $� Place of Filing L County Courthouse Okeechobee County Total $ 55776.78 Okeechobee, FL 34972 This notice was prepared and signed at BALTIMORE, MD , on this, the 06th day of February 2019 Signature Title REVENUE OFFICER 23-02-4128 for MS. THAYER (772) 446-8655 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rui. 71-466, 1971 - 2 C.B. 409) Part 1 - Kept By Recording Office Form 668(lf)(c) {Rev. 2-2004) CAT, NO 60025X Book822/Page9 CFN#2019003147 Page 1 of 1 16999 Department of the Treasury - Internal Revenue Service Form 668 (Y)(c) (Rev. February 2004) Notice of Federal Tax Lien Area: Serial Number SMALL BUSINESS/SELF EMPLOYED AREA #3 Lien Unit Phone: (800) 913-6050 343397419 As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalti have been assessed against the following -named taxpayer. We have maff a demand for payment of this liability, but it remains unpaid. Therefdre there is a lien in favor of the United States on all property and rights property belonging to this taxpayer for the amount of these taxes, additional penalties, interest, and costs that may accrue. REC Rrr Name of Taxpayer ANTHONY Z BERTRAM REC Fs Residence 1003 a IMPORTANT RELEASE INFORMA unless notice of the;(jeril is ref iled by the on the day followir►i'luch date, opera Tax Perio�,? ti,. Kind of Tax Ending ,;T. �Idilia (a) (b) 1040 112/31/20111 XXX" Place of Filing 4974 : For each assessment listed below, iven in column (e), this notice shall, a certificate of release as defined For Optional Use by Recording Office l IIlil lull Ilill IIN1 lIll! lIll Illi E NUN 20190011980 B.K 820 PG 927 ROBERTSON, CLERK & COMPTROLLER OBEE COUNTYr FLORIDA ED 02/26/2019 01:39:50 PM ING FEES $0.00 ED BY M Pinon D Q ps) of Last Day for Unpaid Balance vent I Refillin I of Assessment -4342 j01/14%`2019j 02/13/2029 1 4614.08 County Courthouse Okeechobee County Okeechobee, FL 34972 This notice was prepared and signed at the 13 th day of February 2019 BALTIMORE, MD Total 1$ 4614.08 , on this, Signature �_ jt Q Title �`— REVENUE OFFICER 23-02-4128 for MS. THAYER (772) 446-8655 1 � 1 �. or orricer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Part I - Kept By Recording Office Form 66SM(c) (Rev. 2-2004) CAT. NO 60025X Book820/Page927 CFN#2019001980 Page 1 of 1 16999 Form 668 (Y)(c) Department of the Treasury - Internal Revenue Service Mov. February 2004) Notice of Federal Tau Lien Area: Serial Number For Optional Use SMALL BUSINESS/SELF EMPLOYED AREA 03 Lien Unit Phone: (800) 913-6050 319366918 As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Residence 1003 IMPORTANT RELEASE INFORMA unless notice of the=lien' is refiled by the on the day followii]g^Such date, opera in IRC 6325(a). sie Tax Period: Kind of Tax Ending>.:: :Iiitif 1040 112/31/20071XXXy 1040 12/31/2008 %XXa Place of Filing 4974 : For each assessment listed below, liven in column (e), this notice shall, a certificate of release.as defined of Last D for gent Refing rrding Office met m14 i Q'�--- c7�nma 0 +� o ;;i„ r7J7J�n0 f+pV�SZ ..m� mo ;01� r r� C) M C3 'rn o w co omm+ cnaccn�� oo m tJ= = ;o C3 :V1 h+T. rn Unpaid Balance of Assessment -4342 04/t]`:'��'s2010 05/05/2020 791.31 -4342 04/:0572010;05/05/2020 20073.29 County Courthouse Okeechobee County Okeechobee, FL 34972 This notice was prepared and signed at BALTIMORE, MD the 14th day of August 2018 Total 'I$ 20864.60 , on this, Signature �� . Q Title �[•+� REVENUE OFFICER 23-02-4137 for ELLE CHURCH (772) 446-8624 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Part t - Kept By Recording office Form 668(Y)(c) (Rev. 2-2004) CAT. NO 60025X Book812/Page611 CFN#2018010488 Page 1 of 1 CITY OF OKEECHOBEE CODE ENFORCEMENT Case: # 15-013 Name: Anthony Bertram Property Location: 1105 SW 71h Avenue Code Board Action: Imposed a fine starting 7/10/18 @ $15.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Ch 54 Sec 54-51 Commercial vehicles . Accrual of Fine: July = 22 days Aug =`3 0 Sept Oct = 31 TOTAL =� Date of Compliance: /a -/a I f OKEEECHOBEE COUN i •• . _ORIDA PLANNING AND DEYEL PMENT DEPT. THIS IS O CERTIFY T THIS IS A TRUE A�D CORRECTCOPY OF THE RECPRPfiP ON FI IS OFFICE. BY DAN The f ' --Ialz{ ResIxmtfrnt. J U4 �I / 0254 ul;hLt'tllr6hli COUNTY. FLORID l .1iH: L•�t=t,Kt't'_�tt:� f' St fARU t'wupl:nnt Y : �� i�U ✓� 1�7C1 c�-- - ORDF-R / LIEN THP�1G'SE hating :,Knc .n t., t+e 1�11��,aarlll hcf.rc itdc CXm•ix,hp: CtKIlNI C„dic Enf,usmcnt B.nirJ on the o?f t} r day of / _. . aticr duc• tt,al,-c to talxl• the the Rcslxnknt, upon the Complaint aho_;;,--C Beard havi4 heart) ic7itirn,lny under lath of the C,kk F:nGrcancnt OITi tr- hating reviewed the etkieoce suhmiacd, hiving head and uumidarJ tcAimucy and argma cn_• and t.ctng kdKr n isc gully advixtl in the prctnisc> the B.aarJ bcreby iiaiat� the f6llowiag FINDINGS OF FACT AND 400NCLt1Sl0tiN1 OF !_kW,. / J�� 1. Tti4'T the R. x,nJent wi, fav;t matlinF sklrcis d". [M(_it, t' /'(• is tix nape{ ur ix —min in pinic.>km art reAl pnrctt) I.ute-J 1n (H.cc:lxd)cc C.,ttory, f-LWiJa aal ,1 ribed a uut Panxl number: 1 ` /5' 7 3�5' CrVcx') - LYy.ic1 ny rc y d�nhed m the atawhed Exhibit `A' AafSrsa „' \ n,lyu„n: [r� / fYi'r (t Fr - ka. 3111 ri %L "- THAT the C. >u is Brie i b the rti inx arrl thie Re+I+t •`nK'� )' ndlent 1s faituJ m vw+latstxt c1(7 ' y O 3. ,"1aT the tti krx a of ti.,iatttin ]CaittA the Rcs7+ rodent i�; irtufts itar anJ the Complaint b disrttiss,ai ❑ i, k THAT R,-4.vutm teas twisf?k torily c.rm:tai the tit,lamn pri;x to this hearing - IT IS THE EMIRE URDERED AND _ ADJVDGM AS MIL -LOWS: ❑ s-'Ii-IaTlhe,tnartvsuh3eil/tnru,,.rrf��rt ❑ 6- THAT because the Resp.jiia fhtas ctxrecle i the "it ilifio-94., the Complaint is dmmisvcd. The Respondent is athatmWicd that repeat appearances for the sazuc�vi tlia[ion Wray rc uli in i fine meadlesi of contplian,ae. 7. THAT Respaldetit shall a Cc - A Ay as adnuatsnx:vr fix in the as "ed a�ttwni off t hegi�nE i a''1cvatintung"daythereaftCt {mhi?3>♦Cptt'perty is n arrtfil mm The burden sball rt� trpCst t� Rtspa.ataicnt to requcsrA to tagjita'llwtn by a.C.xtc E-nf�x�eniciei� CN;{"wx�'to determine tvhcthcr the prgra-ty has been b"JuEitt into catiptliaacc- ❑ B. Tale dac fitlkvw ing xtidn b>' tJ.Ca to a fine in the auxrtst of $ per Jay ihclt f[er rtaut the, is lalcn Ak ticiit once Szap•; ❑ C. Talc the following x-ticxi by . This miticr will he cone stied until at tt•hiLh time ci inplian -= arill be review ai and ReVolit ,'immy be subject to further action of the Board. Anion rtet essaq^ This Order may he recorded in the p uNic rr.,, and thcrcaficr shall constirutc a hen agaittsi itia ]and -.-hid the ticilarion exists and upon any Mher real or personal ph ott ocd b5 the t ii,lalor. Mier one t 1 fiyrWfiiNit the filing of any swb lien which remains unpaid, the C,rmty may ftgc%1, ur the lien. exce;+t on lxrntstead pro;*ciiy, *' DONE AND ORDERED this 'JAY of CIMinnxn. O cecholicc Cotmty Code Enforc teat $curd CFRTTFICATE 1 HEREBY CERnF'Y that a [tuc and ctrrcci copy of the fixetoiug was furniRespondent shed to by hand delivery at the Code Enforcement Board hearing of 21 -10 03, g furnished to by certified mail, return r=cilm rcqu ved on the _day of Zp _ An fan mddsr be paid try ash rw easlxrs' ddecl; w-shin f Breen , 14d d-yi h, m the dac ot'd:s fkdQ oc tc wt,jax to fmr6e Bo.d be at the Pfaom6 at tkvdopt Office. 499 N.w'. Sth Avenue• Ol rchcib e• fknda ]4972 A0497 -.010255 { 24, 1 1E, ALDRIDGE COD,CASE #22050002 1,; >sr TH 9'K4 SW 6 AVE _ws hfi FL 34972 "EXH18A" AKLOTS3AND4,BLOCKt`RIV Gl SUBDIVISION, ACCORII_AT,kf R THEREOF RECORDED IN PLAT BOOK 1, It GE 23, S OF OKEECHOBEE COJ I TY, PUBLIC RECORD FLORIDA. yjifl FOR RECORD -€�..� �E: C:CUNTY. FL!. 387038 03W 18 PM0.1*3 SHARON `'. BERTSON CLERK OF CIRCUIT COURT le, Jd.SO 0 4 7 15 7 OKEECHOBEE COUNTY, FLORIDA CODE ENFORCEMENT BOARD Complaint a e$Ee-GOUNTY, FLORIDA PLANNING AND DEVELOPMENT DEPT, IN RE: The Matter of THIS IS TO CERTIFY THAT THIS IS A TRU ND CO CT OPY OF THE Geraldine Bertram 6 Vineta Aldridge RE C S N Ft IN T I OFFICE. Respondent, BY ORDER / LIEN DATE THIS CAUSE having come on to be heard before the Okeechobee County Code Enforcement Board on the 21 et day of _ HHY 20 02 , after due notice to the Respondent, upon the Complaint above referenced, the Board having heard testimony under oath of the Code Enforcement Officer, having reviewed the evidence submitted, having heard and considered testimony and argument, and being otherwise fully advised in the premises, the Board hereby issues the following FINDINGS OF FACT AND CONCLi151ONS OF LAW: 1. THAT theRespondent,whosetdallingnddressis P.O. Box 462 Okeechobee F1 34971 is the owner or persR» 1{t,ppssession of real prppgfty ocated in Okeechobee County, Florida and described as tax parcel number: Al-17-�7 3�-OA00-�0 60003-101D DI more particularly descolIed�on Ilia attached Exhibit "A". Address of Violation: 6640 NE IOth Lane tg"eu i ��9ya r 2 AT,ihc Com lain{ ��su�po�te{� b 1 a evidc! and the e R spond is f and in tia / Ordinance `�-rt�F , U� p (�� fC Q.Li l/t g g �l (Z S� ❑ 3, THATthe evidence of violation against the Rcsp§ndent is insufficient and the Complaint is dismissed. ❑ 4. THAT Responds aLhtiti'satisfactority ctmecicd thc'Viiilatfotf`:prior to this hearing. IT IS THEREFORE ORDERED ANi,3 ADJUDGED AS FOLLOWS: ❑ S. THAT the matter is tablecWoiitilnued until ❑ 6. THAT because the Respondegt;has corrected the violati that repeat appearances for the same violattp'(t Tnuy result in a fine regi 7. THAT Respondent shall A,�.spondcnt e fine in the assessed amour and continuing each day,il rest upon t a re -inspection by a Cede, has been brought into compliance, Cl B. Take the following action by of S per day he,Complaint is dismissed. The Respondent is admonished i S' of compliatl'cc. O S �! beginning lrt�ntil the propertycompliance. The burden shall ircetncnt Officer to determine whether the property orbc aubiect to a f ine.ftf the amount until file action is ❑ C. Take the following action by ..This matter will be`,aopt►nued until at which time compliance will be reviewed and Respondent;may be spbject to further action of the Board. Action necessary: ❑ 8, Other This Order may be recorded in the public record and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal proper ly owned by the violator. After one (1) year from the filing of any such lien which remains unpaid, the County may foreclose on the lien, except on homestead property. DONE AND ORDERED thi&l day of Chairman, Okeechobee County Code Enf ement Board CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished to Respondent by hand delivery Gat She Code Enfoprcement Board hearing of 20 umished to _J P, a✓w► ^E V /a l�nitfi r , by certified mail, return receipt requesic , i thc�� Jay of , 20 D3-, Secrclaryto C e nforcement Board All fines must be paid by cash or culden' check within rouneen (14) days from the date or this order or be subject to further Board action. Payment shall be at the planning R Development Office, 499 N.W. Sth Avenue. Okeechobee, Florida 34972. rN RE: The Matter of Gcmldinc Bertram and Vincta Aldrift Respondent. '10 4 7 8 PAGE 1 1 5 8 OKEECHOBEE COUNTY, FLORIDA CODE ENFORCEMENT BOARD Complaint # 21000001 EXHIBIT "A" Parcel idenliilcallon N ]R1 17 37 36-0A00.00003-1011) -- A parcel of land ).r,081tt S11 Mtlon- 17 , Township37 , Range36 , Okeechobee County, Florida, being more oarticollhift;deseribed as foQows; Lot 1011)aEourSeasons, Section 17,Towne6ip 37 a distance of 18&00�feet; said Section 17 for a disc line of the N 1/2 of said S continue S 89°24'08"E f feet, thence run N 89°24 100.00 feet to point of b 37 South, Range 36 East Estates Commencing at the 114 Section corner on the West boundary line of South, Rangb`o 6 fit, n►n thence S 89°24108"E along the 1/4 Section line for thence tun j4. ^4'22"B parallel with the west boundary Line of the N'fi of ance'of C>!i2'.d0 feet; thence run:89°24'08"E parallel with the South boundary ection� f 50090 ft fr point of beginning; thence era distance of 100.00 feet, thenl a run NO -,: '0422"E for a distance of 100.00 for a distance of 100.4Q ,dot, thence run S 0°04'22"W for a distance of egirining. Lying in and composing a part of the N'h of Section 17, Township Okeechobee County, Flonda:: A: a ,iLED FOR RECORD all c � ECIIOOEECOUNTY,FL aJ cu � 371 823 10, JUN'12 PM 3: 19 SHAN R�08ERTSON . . CLERK, RK}9OtDCIRCUIT COURT OKEECHOBEE COUty I Y, FLORIDA PLANNING AND DEVELOPMENT DEPT. THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE OKEECHOBEE COUN, I, FLORIDA RECO DS ON FILE I(j! THIS OFFICE. CODE ENFORCEMENT BOARD BY ne ��1n_��(p��ti� DATE _ ay-05 Complaint ft IN RE: The Matter of CrOAJIne Respondent. ORDER / LIEN THISt CAUSE having come on to be h before the Okeechobee County Code Enforcement Board on the day of16u 20, after due notice to the Respondent, upon the Complaint above referenced, the Board having heard testimony under oath of the Code Enforcement Officer, having reviewed the evidence submitted, having heard and considered testimony and argument, and being otherwise fully advised in the premises, the Board hereby issues the following FINDINGS OF FACT AND CONCLUSIONS OF LAW �( 1. THAT the Respondent, whose mailing address is _ - • �� e -'-f-•-L—PT73 Is the own or arson in possession of real property Iota ed in Okeecho ee County, Florida and de cribed as tax parcel\ number: 7 F'- l�5D c D- I t f more ll�ularly ��eC ribed qn the au Exhibit "A". Address of Violation �Q 5W 19 lze, Ut�C'P. } td,.��(�02 2. T the Compl int u by 't tee 'deuce and the sp entis-found-ih violation o Ordinance 1 �0 12 S ❑ 3. THAT the evidence,pf violation against fhti Respondent is insufficient any the Complaint is dismissed. ❑ 4. THAT Respondent:tas satisfactorily cofrected the violation prior to this hearing. .IT IS THEREFORE ORDERED AND ADJUDGEp'AS FOLLOWS: ❑ 5. THAT the matter is tabled/continued witil' ❑ 6. THAT because the Respondent has=corrected the violation-, the Complaint is dismissed. The Respondent is admonished that repeat appearances for the same violation may, result in a fine regardles,s of compliance. 7. THAT Respondent shall: A. Pay an administrative fine in the assessed amount ofS. fir. f beginning CW i I CaO:3 , and continuing each day. Ih sx ter until the gtoperty is in c mpliance. The burden shall rest upon the A lespondent to request a re -inspection by a C0,44 nfore-ement Of6cor.to determine whether the property has been brought into compliance. O B. Take the following action by or be subjecbto a fine in the amount of S per day thereafter until the action is taken. Action; necessary: ❑ C. Take the following action by This matte mll befctintiniied until at which time compliance will be reviewed and Respondent maybe subject to m =� further action of the Board. Action necessary: n a r o�m ❑ 8. Other action/requirements: Zcl Gl v O T min This Order may be recorded in the public recor ' ind thereafter shall constitute a lien against the land on which the violation N (AW ? w exists and upon any other real or personal propv; t; owned by the violator. After one (1) year from the filing of any such lien which remains unpaid, the County may foreclose on the lien, except on homestead property. o DONE AND ORDERED thisEday of 20 „ rrt Ate! o 0 amp_ }} i � o�CAm Chairman, Okeechobee Cc ty Code Enforc ent Board CERTIFWATE OF RFRVI G I HEREBY CERTIFY that a true and correct copy of the foreg hig wa furnished to esponde by hand delivery c P z the Cod E fotcement Board hearing of 20 iu fu fished to m by certified mail, return receipt re ucsted, o the da 20 o n n cow_ Secretary to Cod forcement Board W A All lines must be paid by cash or outfits' check within fourteen (14) days from the date of this Order orbe su sect to further Board action. payment shall be at the planning & Development Office. 499 N.W. 5th Avenue, Okeechobee, Florida 34972. a'•n i V ti H � N ~ tJ r ,s R1- Geraldine Bertram 1120 SW 17th Avenue Okeechobee, Florida 34972 Mailing Address: Post Office Box 3759 Okeechobee, Florida 34973 Code Case # 22090047 0-0110: Petit Park Lots & 12 Block 4 6/11/2019 67.77.91.155/BrowserViewOF Sharon Robertson Clerk of the Circuit Court & Comptroller Okeechobee County, Florida Search () Results () Document () Verified as of 06/09/2019 Type: File No.: Date/Time: Book Type: Book/Page: Pages: Consideration: Legal: Grantors: Grantees: Documents referring to this one: LN 2006000129 1 /4/2006 14:24:19 O 586/1766 2 $0.00 LOTS 23-26 BLK 25 CITY OF OKEECHOBEE CITY OF OKEECHOBEE BERTRAM GERALDINE REL 2007001357 Images for this document have been restricted. v Gulb NewVislon Systems Corporation 57.77.91.155/BrowserViewOR/ 1/1 ��y,pyOKEE�yO City o OIZeecl�obee o Code Enforcement s w1915+ CASE NO. 15-013 CODE ENFORCEMENT SPECIAL MAGISTRATE THE CITY OF OKEECHOBEE, FLORIDA. CITY OF OKEECHOBEE Petitioner, -vs- Respondent. Anthony Bertram / NOTICE OF HEARING Pursuant to Florida Statutes 162 and Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Inspector, hereby gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Special Magistrate for the City of Okeechobee, to consider a release or reduction of lien on Case #15-013, 1105 SW Th Avenue, Okeechobee, Florida. NOTICE IS HEREBY GIVEN that the Code Enforcement Special Magistrate will meet in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 25th day of June, 20 19 , at 6:30 p.m. DATED THIS day of , 2019 CODE ENFORCEMENT 55 SE Third Avenue Okeechobee, Florida 34974 Phone: (863) 763-9795 Fred Code Enforcecyfent Officer 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 . (863) 467-1586 9 Fax: (863) 763-4489 Exhibit 15 July 16, 2019 City Council Agenda: July 16, 2019 Agenda Item Proposed motions Motion 1: Approval of maximum millage rate for advertisement for 2019 Tax notices, 8.9932 for budget year 2019-2020. Motion 2: Approval of 2019-2020 Budget Preparation and Millage Calendar setting workshop(s) to be held August 6 5:OOpm, August 20 at 5:OOpm (if needed), First Public Hearing September 3, 2019 at 6:00 pm, and Final Public Hearing September 17, 2019 at 6:00 pm, all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, FL. Background: This proposed rate of 8.9932 is the current rate plus 1 mil. Total Taxable 96%* FY 2018/2019 Value Budgeted 2018/2019 Taxable $304,506,900 $292,326,624 $272,943,787 Value: 2018/2019 Same Property Values: $302,161,515 $290,075,054 (Values w/o New Construction) Increase in same $14,796,970 $14,205,091 properties 4.9% 4.9% Millage Rate, 7.9932 generated Ad Valorem 2,4369418 $293369625 $291819694 Revenue 2019/2020 Rollback/Rollforward 2,296,972 $2,205,092 Millage Rate, 7.6018 w/o New Construction) 2019/2020 Rollback/Rollforward Millage Rate, w/CPI $2,305,945 $2,213,628 7.6315** (w/o New Construction) 2019/2020 Using the Current Rate $294159237 $29318,628 of 7.9932 (w/o new construction Ad Valorem Revenue with $2, 433, 984 $2, 336, 625 New Construction * * * Taxable Values used within the budget. **CPI (Change in Per Capita Income) provided by State Statute ***New Construction value $2,345,385 Exhibit 16 July 16, 2019 BUDGET CALENDAR FISCAL YEAR 2019-2020 Due 07/01/2019 Certification from Property Appraiser 07/16/2019 Set date, time and place for public hearings and set maximum millage rate for tentative budget (regular council meeting) 08/06/2019 Budget Workshop, 5:00 pm (regular council meeting) 08/20/2019 Second Budget Workshop, 6:00 pm (if needed) 09/03/2019 First Public Hearing at 6:00 pm (Regular Council Mtg.) 09/17/2019 Final Public Hearing at 6:00 pm (Regular Council Mtg.) All meetings to be held: Council Chambers at City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 Exhibit 17 July 16, 2019 Revised to add cost estimates 2019-2020 AGREEMENT BETWEEN THE OKEECHOBEE CHRISTIAN ACADEMY INC. OKEECHOBEE COUNTY, FLORIDA AND THE CITY OF OKEECHOBEE FLORIDA AND POLICE DEPARTMENT FOR THE SCHOOL RESOURCE OFFICER PROGRAM (SRO) THIS AGREEMENT, made and entered into this 1st day of July 2019, by and between THE OKEECHOBEE CHRISTIAN ACADEMY INC., 701 S. Parrott Avenue, OKEECHOBEE COUNTY, FLORIDA, (hereinafter referred to as the (OCA), and THE CITY OF OKEECHOBEE, FLORIDA, AND POLICE DEPARTMENT, 55 SE 3`d Avenue, Okeechobee, Florida, (hereinafter referred to as the CITY); WITNESSETH A. The OKEECHOBEE CHRISTIAN ACADEMY INC. and the Police Chief or his designee desire to provide law enforcement, and law -related educational service programs to OCA, Okeechobee County as defined in F.S. 1006.12. It is recognized that OCA is a private Christian school and not subject to the provisions of this statute and the SRO program; however, as hereafter set forth, the parties have agreed to enter into a contract to provide SRO services at OCA, by mirroring the existing SRO program, and the provisions of F.S. 1006.12. B. A School Resource Officer Program has been established for the school system of Okeechobee County, Florida by agreement between the School Board and local law enforcement agencies, as hereinafter described; and C. The OKEECHOBEE CHRISTIAN ACADEMY, INC. and the Police Chief or his designee recognize the potential outstanding benefits of the School Resource Officer Program to the citizens of Okeechobee County, Florida, and particularly to the students of OCA, in the same manner as children at public schools. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the OKEECHOBEE CHRISTIAN ACADEMY, INC. and the City of Okeechobee, and Police Chief or his designee, do hereby agree as follows: ARTICLE I: TERM The City Council for the City of Okeechobee, on June 18, 2019, approved the provision of SRO at OCA. This contract is to be for a one (1) year term commencing on July 1, 2019 to June 30, 2020, which may be extended or modified by mutual agreement of the parties. ARTICLE II: RIGHTS AND DUTIES OF THE POLICE CHIEF OR HIS DESIGNEE The Police Chief or his designee shall provide the School Resource Officer as follows The existing SRO program for public schools is being administered by the Okeechobee City Police Department and the Office of Sheriff, Okeechobee County, via a mutual aid agreement, which shares certain law enforcement duties and activities, as well as the SRO program. In this contract, the City will continue to administer the SRO program as the existing program, appoint a certified law enforcement officer to so act, and work with OCA in the same manner as the interactions of the SRO in the public school system. ARTICLE III: FINANCING OF THE SCHOOL RESOURCE OFFICER PROGRAM A. Pursuant to the agreement, the amount funded will be negotiated each year prior to July 1st. It is understood that this agreement is subject to funding by act of OCA and failure to fully fund the program for the SROs employed by the City shall form the basis for amendment or termination of this agreement. B. The SRO program at OCA will be fully funded by OCA, with the initial start-up and costs to be paid by OCA set forth in the cost estimates attached to this contract. The payment to the City of Okeechobee shall be made on a quarterly basis commencing on July 1, 2019. ARTICLE IV: EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICER School Resource Officers shall remain employees of the CITY OF OKEECHOBEE POLICE DEPARTMENT and shall not be employees of the OKEECHOBEE CHRISTIAN ACADEMY, INC. The OKEECHOBEE CHRISTIAN ACADEMY, INC. and the Police Chief, or his designee, acknowledge that the School Resource Officers shall remain responsive to the chain of command of the CITY OF OKEECHOBEE POLICE DEPARTMENT, subject however to policies as may be enacted by the OKEECHOBEE CHRISTIAN ACADEMY, INC. to which the OKEECHOBEE CHRISTIAN ACADEMY INC. and Police Chief jointly agree shall be imposed. ARTICLE V: INSURANCE OCA shall at its sole cost and expense, procure and maintain throughout the term of this agreement, comprehensive general liability insurance policy, excluding workman's compensation, in a minimum sum of not less than three million dollars combined single limits, or to the extent and in such amounts as required and authorized by Florida law, and will provide endorsed certificates of such insurance generated and executed by a licensed insurance agent or broker and, naming the City of Okeechobee, its officers agents and employees as additional insureds under the policy, as well as furnishing the City a certified copy of said insurance policies. Certificates of insurance and a certified copy of these insurance policies must accompany this signed contract. Required insurance provided by OCA shall be considered as primary insurance over and above any other insurance or self-insurance available to the City, and that any other insurance or self-insurance available to the City shall be considered secondary to, or in excess of, the insurance coverage provided by OCA as required herein. If the policy is cancelled or not renewed OCA shall provide the city thirty (30) days advance notice. Nothing herein shall be construed as a waiver by the city of Okeechobee of sovereign immunity protections under F.S. 768.28 as written or hereafter amended. ARTICLE VI: INDEMNITY OCA shall defend, indemnify and hold harmless the City of Okeechobee, Florida, and all city officers, agents and employees from and against all claims, liability and expense , including reasonable costs, collection expenses, attorney's fees, and court costs, which may arise because of negligence, whether active or passive, misconduct or other fault, in whole or in part, whether joint, concurrent or contributing of OCA, its officers, agents or employees in the performance or non-performance of its obligations under this agreement. OCA recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the City when necessary, and voluntarily makes this consent and expressly acknowledges the receipt of such good and valuable consideration provided by the City in support of this indemnification, legal defense, and hold harmless contractual obligation in accordance with the laws of the State of Florida. This clause shall survive the termination of this agreement. Compliance with any insurance regulation required elsewhere in this agreement shall not relieve OCA of its obligation to defend, hold harmless, and indemnify the City as set forth in this article of the agreement. ARTICLE VII: TERMINATION OF AGREEMENT This contract may be renewed annually upon written notice to the City by May 1 st of each year of intent to renew. The parties will negotiate the renewal terms at that time, including terms and costs, so that the contract can be completed by July 1st of that year. IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS Agreement to be signed by their duly authorized office. AS TO THE CITY: ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney AS TO THE OCA: Name and Title Date: Dowling R. Watford, Jr., Mayor Date: OKEECHOBEE CHRISTIAN ACADEMY SRO COSTS Annual Recurring Costs Salary Step 1 $39,683.00 FICA $3,035.75 Work Comp $1,757.96 Retirement $5,150.85 Health Ins $9,567.48 Life Ins $477.00 LTD Ins $174.60 Overtime $5,450.96 OT FICA $417.00 OT Retirement $707.53 Education $900.00 Travel Per Diem $600.00 Uniforms $600.00 Cell PX $600.00 Email/Software $45.00 Fuel $2,730.00 Vehicle Maintenance $250.00 $72,147.13 Start -Up Cost Firearm $550.00 New Hire $99.00 Uniforms $1,000.00 Vest $600.00 Education $1,200.00 $3,449.00 Total $75,596.13 Exhibit 17 July 16, 2019 2019-2020 AGREEMENT BETWEEN THE OKEECHOBEE CHRISTIAN ACADEMY INC. OKEECHOBEE COUNTY, FLORIDA AND THE CITY OF OKEECHOBEE FLORIDA AND POLICE DEPARTMENT FOR THE SCHOOL RESOURCE OFFICER PROGRAM (SRO) THIS AGREEMENT, made and entered into this 1st day of July 2019, by and between THE OKEECHOBEE CHRISTIAN ACADEMY INC., 701 S. Parrott Avenue, OKEECHOBEE COUNTY, FLORIDA, (hereinafter referred to as the (OCA), and THE CITY OF OKEECHOBEE, FLORIDA, AND POLICE DEPARTMENT, 55 SE 3rd Avenue, Okeechobee, Florida, (hereinafter referred to as the CITY); WITNESSETH A. The OKEECHOBEE CHRISTIAN ACADEMY INC. and the Police Chief or his designee desire to provide law enforcement, and law -related educational service programs to OCA, Okeechobee County as defined in F.S. 1006.12. It is recognized that OCA is a private Christian school and not subject to the provisions of this statute and the SRO program; however, as hereafter set forth, the parties have agreed to enter into a contract to provide SRO services at OCA, by mirroring the existing SRO program, and the provisions of F.S. 1006.12. B. A School Resource Officer Program has been established for the school system of Okeechobee County, Florida by agreement between the School Board and local law enforcement agencies, as hereinafter described; and C. The OKEECHOBEE CHRISTIAN ACADEMY, INC. and the Police Chief or his designee recognize the potential outstanding benefits of the School Resource Officer Program to the citizens of Okeechobee County, Florida, and particularly to the students of OCA, in the same manner as children at public schools. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the OKEECHOBEE CHRISTIAN ACADEMY, INC. and the City of Okeechobee, and Police Chief or his designee, do hereby agree as follows: ARTICLE I: TERM The City Council for the City of Okeechobee, on June 18, 2019, approved the provision of SRO at OCA. This contract is to be for a one (1) year term commencing on July 1, 2019 to June 30, 2020, which may be extended or modified by mutual agreement of the parties. io L ARTICLE II: RIGHTS AND DUTIES OF THE POLICE CHIEF OR HIS DESIGNEE Tape Police Chief or his designee shall provide the School Resource Officer as follows The existing SRO program for public schools is being administered by the Okeechobee City Police Department and the Office of Sheriff, Okeechobee County, via a mutual aid agreement, which shares certain law enforcement duties and activities, as well as the SRO program. In this contract, the City will continue to administer the SRO program as the existing program, appoint a certified law enforcement officer to so act, and work with OCA in the same manner as the interactions of the SRO in the public school system. ARTICLE III: FINANCING OF THE SCHOOL RESOURCE OFFICER PROGRAM A. Pursuant to the agreement, the amount funded will be negotiated each year prior to July 1st. It is understood that this agreement is subject to funding by act of OCA and failure to fully fund the program for the SROs employed by the City shall form the basis for amendment or termination of this agreement. B. The SRO program at OCA will be fully funded by OCA, with the initial start-up and costs to be paid by OCA set forth in the cost estimates attached to this contract. The payment to the City of Okeechobee shall be made on a quarterly basis commencing on July 1, 2019. ARTICLE IV: EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICER School Resource Officers shall remain employees of the CITY OF OKEECHOBEE POLICE DEPARTMENT and shall not be employees of the OKEECHOBEE CHRISTIAN ACADEMY, INC. The OKEECHOBEE CHRISTIAN ACADEMY, INC. and the Police Chief, or his designee, acknowledge that the School Resource Officers shall remain responsive to the chain of command of the CITY OF OKEECHOBEE POLICE DEPARTMENT, subject however to policies as may be enacted by the OKEECHOBEE CHRISTIAN ACADEMY, INC. to which the OKEECHOBEE CHRISTIAN ACADEMY INC. and Police Chief jointly agree shall be imposed. ARTICLE V: INSURANCE OCA shall at its sole cost and expense, procure and maintain throughout the term of this agreement, comprehensive general liability insurance policy, excluding workman's compensation, in a minimum sum of not less than three million dollars combined single limits, or to the extent and in such amounts as required and authorized by Florida law, and will provide endorsed certificates of such insurance generated and executed by a licensed insurance agent or broker and, naming the City of Okeechobee, its officers agents and employees as additional insureds under the policy, as well as furnishing the City a certified copy of said insurance policies. Certificates of insurance and a certified copy of these insurance policies must accompany this signed contract Required insurance provided by OCA shall be considered as primary insurance over and above any other insurance or self-insurance available to the City, and that any other insurance or self-insurance available to the City shall be considered secondary to, or in excess of, the insurance coverage provided by OCA as required herein. If the policy is cancelled or not renewed OCA shall provide the city thirty (30) days advance notice. Nothing herein shall be construed as a waiver by the city of Okeechobee of sovereign immunity protections under F.S. 768.28 as written or hereafter amended. ARTICLE VI: INDEMNITY OCA shall defend, indemnify and hold harmless the City of Okeechobee, Florida, and all city officers, agents and employees from and against all claims, liability and expense , including reasonable costs, collection expenses, attorney's fees, and court costs, which may arise because of negligence, whether active or passive, misconduct or other fault, in whole or in part, whether joint, concurrent or contributing of OCA, its officers, agents or employees in the performance or non-performance of its obligations under this agreement. OCA recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the City when necessary, and voluntarily makes this consent and expressly acknowledges the receipt of such good and valuable consideration provided by the City in support of this indemnification, legal defense, and hold harmless contractual obligation in accordance with the laws of the State of Florida. This clause shall survive the termination of this agreement. Compliance with any insurance regulation required elsewhere in this agreement shall not relieve OCA of its obligation to defend, hold harmless, and indemnify the City as set forth in this article of the agreement. ARTICLE VII: TERMINATION OF AGREEMENT This contract may be renewed annually upon written notice to the City by May 1st of each year of intent to renew. The parties will negotiate the renewal terms at that time, including terms and costs, so that the contract can be completed by July 1 st of that year. IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS Agreement to be signed by their duly authorized office. AS TO THE CITY: ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney AS TO THE OCA: Name and Title Date: Dowling R. Watford, Jr., Mayor Date: Exhibit 18 July 16, 2019 To: Mayor Watford/City Council Members From: Fire Chief Smith Date: 081uly 2019 Re: Reauest Board's approval for repairs to Ladder Truck The ladder truck has the following items completed/repaired: ➢ Total Rebuild of the motor (City has paid the costs associated with this repair based on council's prior approvals) ➢ Replacement/Rebuild of all valves in the fire pump (No payment made, see PO #4678 for $14,014.09) Presently, the complete rebuild of the motor was conducted successfully which led to other issues while fire pump testing was conducted to pass the certification. During pump test, the valves associated with the fire pump were leaking and caused the pump test to fail due to drafting issues. This issue was presented to council on February 5th, 2019, in which the council approved the request for valve replacements (PO #4678). Ten-8 attempted to perform another pump test on the ladder after repairs where the truck began overheating due to radiator issues and issues related to the transfer case & water pump. Ten-8 replaced radiator core and the transfer case was "broken down" to evaluate issues with leak. Chief Smith, Captain Rodriguez, and the Administrator made an on -site visit to evaluate and discuss remaining issues associated with the truck. After discussion with the Ten-8 mechanic, Administrator Marcos requested the Ladder truck receive a systematic evaluation/inspection by Ten-8 (current company repairing ladder) of the remaining components which permits the emergency apparatus to be updated to a more safe condition for transporting of our firefighters and conducting emergency operations. The fire department is requesting approval from the city council for the total amount of $84,619.89. Note: this amount includes the PO #4678for$14,014.09. Thank you for your consideration, Herby Smith Fire Chief/Marshal City of Okeechobee Fire Department PURCH 1' ORDER CITY OF OKEECHOBEE 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 34974-2903 Tel: 863/763-3372 Fax 863/763-1686 0R'%0!>/ F—To: L THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. IMPORTANT: THIS NUMBER MUST BE SHOWN ON MUST B OW 0 S � S VOICES, PACKAGES, CASES, THIS M A L V ALL INVOICES, CESCPACKAGE CASES, LI TICKETS T CORRESPONDENCE. C ICKETS AND' CORRESPONDENCE. SHIPTO: 7 il L INVOICE IN DUPLICATE: F L DATE VENDOR NO. DELIVERY DATE SHIP VIA BEST WAY F.O.B. DESTINATION TERMS ITEM ACCT. NUMBER QUANTITY UNIT DESCRIPTION UNIT AMOUNT NO. L;1 I Y UI- UKLEUHUBLE IS I=XEMP T FROM FEDERAL EXCISE XCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST STATE SALES TAX EXEMPTION 85-8012621656C-6 FEDERAL I.D. 59-6000-393 AUTHORIZED SIGNATURE RECEIVING RECORD PARTIAL [I FINAL F1 .cy'OF�xFFc PURCHASE REQUISITION CITY OF OKEECHOBEE 55 S.E. Third Avenue Okeechobee, FL 34974-2903 .9 Tel: 863-763-3372 Fax: 863-763-1686 TO: Ten-8 Fire Equipment 2904 59th Avenue Drive East Bradenton, FL 34203 THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. SHIP TO: Req. No. 16377 City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 INVOICE IN DUPLICATE: DATE VENDOR NO. DELIVERY DAT SHIP VIA BEST WAY F.O.B. DEST. TERMS 1/14/2019 N/A N/A I N/A I N/A INET 30 ITEM NO ACCT. NUMBER QUANTITY UNIT DESCRIPTION UNIT AMOUNT 1 001-522-4600 1 Repair leaking valves $7,494.50 in fire pump on ladder truck TOTAL $7,494.50 U I r Ur UKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. , STATE SALES TAX EXEMPTION NO. 85-8012821656C-6 FEDERAL I.D. NO 59-60000-393 AUTHORIZED SIGNATURE RECEIVING RECORD * SOLE SOURCE ❑ PARTIAL ❑ FINAL Service Invoice u� �; '--'�` ` Page 1 Invoice No. SV95541 Svc. Order No. SVT0000122012 IN SERViCE TO SEE' E VOC Order Date 02/07119 TEN-9 FIRE EQUIPMENT, INC. Posting Date: 7/1/2019 12:00:00 2904 59TH AVENUE DRIVE EAST Due Date: 7/31/2019 BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No. 941-756-2598 Invoice To: Customer Id OKE Cl CITY OF OKEECHOBEE PO No. : 55 SE 3RD AVENUE Equip. Id.: EA520 OKEECHOBEE, FL 34974 Veh. Miles: 145183 Veh. Hrs.: 13678 Approved : N/A Complaint 1 : Courtesy Inspection Fault COURTESY INSPECTION Resolution PREFORM COURTESY INSPECTION Service Lines Type No. Description Qty unit Price Amount Disc % Disc. Amt. Net Amount Resource EVANS COURTESY INSPECTION 1.00 0.00 0.00 0.00 0.00 0.00 Total 0.00 0.00 0.00 Complaint 2 : ...................................................................................................................................................................................................... REBUILDING 11 DISCHARGE AND INTAKE VALVES Fault INTAKE AND DISCHARGE VALVES LEAKING Resolution REBUILD 11 INTAKE AND DISHCHARGE VALVES Service Lines Type No. Description Qty unit Price Amount Disc % Disc. Amt. Net Amount Item HAL-546-0020-50-0 KIT BL,BLS-2600 5.00 109.71 548.58 0.00 0.00 548.53 Resource FRT FREIGHT CHARGES 1.00 12.64 12.64 0.00 0.00 12.64 Resource EVANS REMOVE VALVE AND 3.00 115.00 345.00 0.00 0.00 345.00 REBUILD,REINSTALL VALVE Item AKR-89150004 SUE' ASSY 1.5"S!vVG OUT 2.00 150.47 300.94 0.00 0.00 300.94 Item ELK-61192 TRUNION 1.00 15.44 15.44 0.00 0.00 15.44 Item ELK-61478 SHAFT ACTUATOR, for 2896 1.00 30.54 30.54 0.00 0.00 30.54 Item ELK-80326 KIT 25' VALVE SEAL 1.00 77.36 77.36 0.00 0.00 77.36 Item ELK-80427 KIT 1.5" VALVE SEAL 2.00 54.29 108.58 0.00 0.00 108.58 Item ELK-15077 BALL. VALVE 1.5" 2,00 47.50 95.00 0.00 0.00 95.00 Item ELK-15079 BALL. VALVE 2.5" REPL 1.00 50.21 50.22 0.00 0.00 50,22 Item ELK-15076000 BALL VALVE 1" 1.00 27.14 27.15 0.00 0.00 27.15 Item AKR-721236 HANDLE R1 FOR 7815, 2.00 38.67 77.35 0.00 0.00 77.35 Resource FRT FREIGHT CHARGES 1.00 19.20 19.20 0.00 0.40 19.20 Resource EVANS REMOVE, REBUILD AND 12.00 115.00 1380.00 0.00 0.00 1380.00 ASSIST WITH VALVES Mi ZZ IM1. W!"11111 141, I -A, °)ERVICEI TO5LR El.:0 TEN-8 FIRE EQUIPMENT, INC. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No. 941-756-2598 item ELK-15076000 Item ELK-80326 Item HAL-039-0 i 10-00-0 Item HAL-546-0750-50-0 Item HAL-546-0200-50-0 Item ELK-80326 Item ELK-80426 Resource BWILSON Resource PETERSON GIL 30700 Account GIL 30700 Account GIL 30700 GIL 30700 Account GIL 30500 Resource FRT Resource EVANS Resource EVANS Resource BWILSON BALL VALVE 1" KIT 2.5" VALVE SEAL 25B-39 STEM -BALL KIT 258D/BDTIBDS/BS VALVE KIT, OD RELIEF KIT 2.5" VALVE SEAL KIT 1.0" VALVE SEAL REMOVE AND REBUILD 2 LEAKING CROSSOVER VALVES REMOVE AND REBUILD 2 LEAKING CROSSOVER VALVES 2" BALL 039-0010-00-0 (HI - TECH) 2" BALL 039-0010-00-0 ALL AMERICAN 2" BALL 039-0010-00-0 (943758) NON -STOCK INVENTORY SALES SHOP SUPPLY FEE FREIGHT CHARGES REMOVE AND REBUILD 2 LEAKING CROSSOVER VALVES REMOVE AND REBUILD 2 LEAKING CROSSOVER VALVES REMOVE AND REBUILD 2 LEAKING CROSSOVER VALVES Service invoice Page 2 Invoice No. SVI5541 Svc, Order No. SVT0000122012 Order Date 02/07/19 Posting Date : 7/1/2019 12:00:00 Date Date: 7/31 /2019 1.00 27.14 27.15 3.00 0.00 27.15 1.00 77.36 77.36 0.00 0.00 77.36 2.00 37T60 755.20 0.00 0.00 755.20 2.00 90.86 181.72 0.00 0.00 181.72 1.00 50A9 50,49 0.00 0.00 50.49 1.00 77.36 77.35 0.00 0.00 77.36 1.00 38.69 38.69 0.00 0.00 38.69 12.50 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 1.00 679.07 679.07 0.00 0.00 679.07 3.00 923.08 2769.24 0.00 0.00 2769.24 1.00 485.71 485.71 0.00 0,00 485.71 1,00 454.50 454,50 0.00 0.00 454.50 1.00 379.63 379.68 0.00 0.00 379.68 1.00 350.00 350.00 0.00 0.00 350,00 26.00 0.00 0.00 0.00 0.00 0.00 36.00 115.00 4140.00 0.00 0.00 4140.00 4.00 115.00 460.00 0.00 0.00 460.00 Total 14014-17 0.00 14,014.17 Remit To: TEN-8 FIRE EQUIPMENT, INC. Total Amount $ 14014.09 2904 59TH AVENUE DRIVE EAST Discount $ 0.00 Bradenton, FL 34203 Taxes $ 0.00 Balance Due $ 14,014.09 bF 0, City ®f Okeechobee Fire Department ITS, � 11 January 2019 Administrator Marcos Re: Ladder Truck Pump Repairs QppFE5S10Nq� �a O �RFNGY±E�S As you are aware, the ladder truck (motor rebuild) is currently located at Ten-8 fire equipment in Bradenton, Florida. The refurbishment is near completion and the company has moved to the next step with the pump testing (required annually by ISO for fire pumps) and has contacted me to report major leaks concerning valves (relating to the fire pump). Troy (Ten-8 mechanic), advised the pump could not hold the required "vacuum" during drafting. This is a key factor in the pump test process. The leaking was related to the failure of this process. Ten-8 is a (fire pump manufacturer's) certified location that performs repairs on this type of pump. The site is considered a sole source location based on this information and considering the positive past performance from the company regarding the work performed on other pumps, we ask that you approve the request for pump repairs concerning the ladder truck to expedite return of apparatus. 0 Thank you! L Herby Smith Fire Chief/Marshal 55 S.E. Third Avenue . Okeechobee, Florida a 34974-2932 9 863-467-1586 . Fax: 863-763-4489 TjNEjy IN SERVICE TO SERVE YOU TEN-8 FIRE EQUIPMENT, INC. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No. 941-756-2598 CITY OF OKEECHOBEE CAPT. RODRIGUEZ 55 SE 3RD AVENUE OKEECHOBEE, FL 34974 Phone No.: 863-467-1586 Email: Service Order Page 1 No. SVT0000120182 Status Pending Order Date 01/03/19 Order Time 8:28:59 AM Contract No. InvoiceTo : CITY OF OKEECHOBEE POND.: SUPPLEMENT FOR VALVE Equip Id.: EA520 Veh. Miles 0 Veh. Hrs.: 0 Approved : N/A Vehicle Services Complaint 1 : ADDITIONAL VALVE REPAIRS Service Lines Type No. Description Quantity "Unit Price" Amount Disc. Amt. Net Amount Item ELK-80326 KIT 2.5" VALVE SEAL 1.00 77.35714 77.36 0.00 77.36 Item ELK-80426 KIT 1.0" VALVE SEAL 1.00 30.71429 30.71 0.00 30.71 Item ELK-80428 KIT 2.0" VALVE SEAL 2.00 67.85714 135.71 0.00 135.71 Item HAL-546-0750-50-0 KIT 25BD/BDT/BDS/BS 5.00 110.21 551.05 0.00 551.05 Item HAL-546-0760-50-0 KIT 308D(S)/BDT(S) 2.00 93.73 187.46 0.00 187.46 Item PIE-52-0059 CABLE,THROTTLE,VERNIER,240". 1.00 126.00 126.00 0.00 126.00 Resource TECHNICIAN BRADENTON TECHNICIAN 3.00 115.00 345.00 0.00 345.00 Resource TECHNICIAN BRADENTON TECHNICIAN 47.80 115.00 5497.00 0.00 5497.00 G/L Accou 1.00 75.00 75.00 0.00 75.00 G/L Accou 30500 Shop Supplies 1,00 469.20 469.20 0.00 469.20 --------------------------------------------------------------------------------------------------------------------------------- Total 7494.49571 0.00 7,494.50 Total $ 7494.50 Amount Discount $ 0.00 Taxes $ 0.00 Balance Due $ 7,494.50 y O�\ Qp.OFESS'0/gC gym: City of Okeechobee Fire Department q5 23 January 2019 Mayor Watford/City Council Members Re: Additional repairs to ladder truck The ladder truck's motor has successfully been rebuilt but there were additional issues found by Ten-8 technicians involving the fire pump. While acceptance testing was being conducted on the ladder truck post repair of motor, several valves began leaking profusely during the vacuum test. This situation caused the fire pump to fail the required pump testing. The valve balls (bronze) were noted to be severely "pitted" on at least five of the valves. There is a total of 11 valves. It would seem prudent to replace all 11 valve balls at this time while the fire pump is "torn apart" for repairs. Fire department is requesting the council to approve the funds regarding the fire pump repairs for the ladder truck. Respectfully, v Herby Smith Fire Chief/Marshal 55 S.E. Third Avenue ® Okeechobee, Florida ® 34974-2932 . 863-467-1586 . Fax: 863-763-4489 7 �7� (AAW rA w8 ,SFRA/i. h ,01j vice Estimate Page 1 No, SVQ 16486 Status Pending Order Date 01/18/19 Order Time 3:26:08 PM TEN-8 FIRE EQUIPMENT, INC, Contract No, 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No. 941-756-2598 CITY OF OKEECHOBEE Invoice To: CITY OF OKEECHOBEE CHIEF: SMITH PO Number PENDING -ADDITIONAL PARTS 55 SE 3RD AVENUE Equip Id : EA520 OKEECHOBEE, FL 34974 Phone No. ; 863-467-1586 Veh. Miles, 0Veh. Hrs. ; 0 Email Approved : Vehicle Services Complaint 1 : REPLACE 11-VALVE BALLS BR014ZE Service Lines Type No. Description ©ty. Unit Price UoM Amount Disc. Amt. Net Amount Resource FRT FREIGHT CHARGES 1,00 55,00 EACH 55.00 0.00 55,00 G/L 30700 NON -STOCK INVENTORY Account SALES 11.00 454,50 EACH 4999.50 0.00 4,999,50 Total ------------------------------------------------------------------------------------------------------------------------------------- 5054,50 0,00 5,054,50 THIS IS AN ESTIMATE, NOT A CONTRACT AND IS VALID FOR 30 CALENDAR DAYS, ESTIMATES ARE Total Amount $ 5,054.50 PROVIDED ON A BEST ENDEAVORS BASIS ONLY, WORK WILL BE CHARGED BASED UPON THE PRICE OF PARTS PROVIDED BY TEN-8 FIRE EQUIPMENT PLUS LABOR, IF THERE IS ANY Discount $ 0.00 UNFORESEEN WORK DIRECTLY RELATED TO THE REPAIRS ON THE ESTIMATE, THE CUSTOMER WILL BE CONTACTED FOR AUTHORIZATION TO COMPLETE THE ADDITIONAL WORK. IF THE Taxes $ 0.00 ADDITIONAL WORK IS DECLINED THE CUSTOMER is STiLL LIABLE FOR ANY WORK COMPLETED, BY SIGNING BELOW YOU AUTHORIZE TEN-8 EQUIPMENT TO PERFORM THE REPAIRS DETAILED IN Balance Due $ 5,054.50 THE ESTIMATE ABOVE, Confirm Info: Signature: Date: IX. AGENDA NEW BUSINESS CONTINUED C.2.b) Public comments and discussion proposed Ordinance No.1180. c) Vote on motion. to approve the first reading of D. Motion to approve expenditures in the amount of S13,800.00 for additional repairs to the Fire Department ladder truck - Chief Smith (Exhibit 5). FEBRUARY 5, 2019 - REGULAR MEETING - PAGE 9 OF 12 COUNCIL ACTION - DISCUSSION - VOTE The Applicant, Steve Lipofsky, P.E., of Southeast Investments, Inc., is requesting to abandon the East to West Alleyway in Block 156. Lots 1 to 4 are owned by 205 North Parrott Ave Holdings, LLC; Lots 5 to 10 are owned by JMass Management, LLC; and Lots 11 and 12 are owned by David R. Watford. All property owners are under contract negotiations to sale their lots to Southeast Investments Inc. to develop a Wawa consisting of a restaurant, and convenience store with fuel pumps. On January 17, 2019, the City's Technical Review Committee and Planning Board reviewed the Petition, both providing motions to recommend approval. Planning Staff is recommending approval based on the following responses to the required findings: the Petition is consistent with the Comprehensive Plan, the property is designated Commercial on the FLUM and the proposed Wawa aligns with the land use. The alley is not the sole means of access to the property. The abandonment is in the public interest and provides a benefit to the City as it will provide redevelopment of an underutilized centrally located property within the downtown area to a more economically viable use resulting in an increase in taxable property values. Finally, the abandonment should not jeopardize the location of any utility. There will need to be easements reserved for utilities as specified in the Petition. All easements are addressed on Exhibit B of the proposed Ordinance. Mayor Watford asked whether there were any comments from the public; there were none. Representatives of Southeast Investments, Inc. were in attendance. VOTE: WATFORD — YEA ABNEY — YEA CLARK —YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Abney moved to approve expenditures in the amount of $13,800.00 [to Ten-8 Fire Equipment, Inc. of Bradenton, Florida] for additional repairs to the Fire Department ladder truck; seconded by Council Member Jarriel. Fire Chief Smith provided a memorandum, included within Exhibit 5, that explained the ladder truck's motor has been successfully rebuilt. However, there were additional issues found during the certification of the pump. While acceptance testing was being conducted by Ten-8 technicians, several valves began leaking profusely during the vacuum test. This situation caused the fire pump to fail the required testing for certification. There are 11 ball valves, of which five are noted to be severely pitted. He is recommending the replacement of all 11 valves while the pump is being repaired. The certification is necessary for the City's required Insurance Service Office (ISO) rating. This expenditure falls under a different line item than the ladder truck motor replacement quote approved on August 7, 2018. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. c zwr , f a y Service Estimate Page 1 } �rNow ,• SVQ16948 Status Pending Order Date 06/05/19 Order Time 12:56:33 PM TEN-8 FIRE EQUIPMENT, INC. Contract No. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203, Phone No. 800-228-8368 Fax No. 941-756-2598 CITY OF OKEECHOBEE Invoice To: CITY OF OKEECHOi3E5 55 SE 3RD AVENUE PO Number PENDING OKEECHOBEE, FL 34974 Equip Id: EA520 Phone No.: 863-467-1586 Email : Veh. Miles: 0 Veh. Hrs.: 0 Approved Vehicle Services Complaint 1 : REBUILD PUMP ASSY, Fault Service Lines Type No. Description t2ty. Unit Price UoM Amount Disc. Amt. Net Amount Resource FRT FREIGHT CHARGES 1.00 250.00 EACH 250.00 0.00 250.00 Resource TECHNICIAN ASSEMBLY OF NEW PUMP COMPONEVTSAND 40.00 115.00 HOUR 4600.00 0.00 4,600.00 INSTALLATION Resource TECHNICIAN ISO PUMP TEST CERTIFICATION 2.00 100.00 HOUR 200.00 0.00 20000 GIL 30500 Shop Supplies 1.00 362.00 EA 368.00 0.00 368.00 GIL 30700 321-0231-00-0 CLEARANCE Account RINGS 2.00 0.00 EACH 0.00 0.00 0.00 GIL 30700 077-1500-25-0 RETAINING Account RING 1.00 0.00 EACH 0.00 0.00 0.00 GIL 30700 048-0210-00.0 FRONT GLAND 1.00 0.00 EACH 0.00 0.00 0.00 GIL 30700 048-0200-CO-0 REAR GLAND 1.00 0.00 EACH 0.00 0.00 0,00 GIL 30700 046-0220 ,^,0.0 HOUSING Account GASKET 2,00 0.00 EACH 0.00 0.00 0.00 GIL 30700 017-0120-00-0 KEY 1.00 0.00 EACH 0.00 0.00 0.00 GIL 30700 QSM15-16-10-1/21IMPELLER 1.00 0.00 EACH 0.00 0.00 0.00 GIL 30700 537-0170-00-0 PUMP SHAFT Account AND GEAR ASSY. 1.00 0.00 EACH 0.00 0.00 0.00 GIL 30700 562-0.100-00-0 FRONT Account BEARING HOUSING 1.00 0.00 EACH 0.00 0.00 0.00 GIL 30700 562-0110-01-0 SEAL 1.00 0.00 EACH 0.00 0.00 0.00 GIL 30700 562-0140-00-0 PACKING Account HOUSING 1.00 0,00 EACH 0.00 0.00 0.00 GIL 30700 546-0300-01-C PGASKETS Account AND SEAL 1,00 0.00 EACH 0.90 0,00 0.90 GIL 30700 QS,UIFIMPELLER ASSY. UT 1,00 15,180.15 EACH 15130.15 0.00 15,180.15 Total 20598.15 0.00 20,598.15 = e 7i~ RVICE TO S-E.R 1 YOU TEN-8 FIRE EQUIPMENT, INC. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No. 941-756-2598 Complaint 2 : REBUILDING OF PUMP GEARCASE Service Lines Type No. Description Qty. Item OIL-80X90W GEAR LURE 9.00 Resource FRT FREIGHT CHARGES 1.00 Resource TECHNICIAN REBUILD CASE AND INSTALLATION 15.00 GIL 30500 Shop Supplies 1.00 GIL 30700 017-0080-00-0 YOKE KEYS 2.00 G/L Account 30700 110-7020-00-0 ZINK YOKE 2.00 NUTS G/L 30700 546-0190-03-0-0 GASKET SET, Account ALL BEARINGS,SEALS KIT' 1.00 30700 062-0130-00-0 REAR BEARING A/ccount HOUSING 1 00 GIL 30700 296-0030-10-0 PACKING KIT 1,00 A/ccount 30700 048-0200-00-0ADJUSTMENT COLLIER 1.00 Total Complaint 3 : REPLACE AERIAL HYDRAULIC HOSES FROM TANK TO PUMP Service Lines Type No. Description Qty. Resource FRT FREIGHT CHARGES 10.00 Resource TECHNICIAN DISCONNECT AND REPLACE 4-HOSES WITH JIC FrMNGS 16.00 G/L Account 30700 1-1/2 DIAMETER HOSE WITH FITTINGS 4-00 GIL 30700 2' DIAMETER HOSE WITH Account FITTINGS 1 00 ------------ Total Service Estimate Page 2 No. SVQ 16948 Status Pending Order Date 06/05/19 Order Time 12:56:33 PM Contract No. Unit Price UoM Amount Disc. Amt. Net Amount 6.96 QUART 62.67 0,00 62.67 250.00 EACH 250.00 0.00 250.00 115,00 HOUR 1725.00 0.00 1,725.00 276.00 EA 276.00 0,00 276.00 41.06 EACH 82.12 0.00 82.12 5.49 EACH 10.98 0.00 10.98 1,037.15 EACH 1037.15 0.00 1,M7.15 901.72 EACH 901.72 0.00 901.72 168.00 EACH 168.00 0.00 168.00 193.72 EACH 193.72 0.00 193.72 ------------------------------------------------------- 4707.36 0.00 4,707.36 Unit Price Uom Amount Disc. Amt, Net Amount 35.00 EACH 350.00 0.00 350,00 115.00 HOUR 1640.00 0.00 1,840.00 1,695.00 EACH 6780.00 0.00 6,780.00 858.00 EACH 858.00 0.00 858.00 9828.00 0.00 9,828.00 Service Est-irna`e Page 3 No. SVCt16948 Status Pending SL*'R- 1QE"'' 1`0 YOU Order Date 06/05/19 Order Time 12:56:33 PM TEN-8 FIRE EQUIPMENT, INC. Contract No. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No, 800-228-8368 Fax No. 941-756-2598 Complaint 4 : REPLACE REAR AXLE PINION EEARING,RACE,SEAL,YOKE Service Lines Type No, Description Qty. Unit Price UoPA Amount Disc. AmL Net Amount Item BRG-511910 CUP, BEARING 1.00 33.94 EACH 33.94 0,00 33.94 Item BRG-511946 BEARING 1,00 60.03 EACH 60.03 0.00 60.03 Item FLE-100495 OIL SEAL 1,00 42.24 EACH 42.24 0,00 42,24 Item FLE-6-4-6411X YOKE ASSY 1.00 219.13 EACH 219.13 0.00 219.13 Item OIL-85W140 OIL, GEAR 85W140 3.00 6.85 QUART 20,55 0.00 20.55 Resource TECHNICtAN INSTALL FEAR DRIVE PINON 8.00 115.00 HOUR 920.00 0.00 920,00 BEARING,RACE,SEAL, YOKE GIL 30500 Shop Supplies 1.00 36.80 EA 36,80 0.00 36.80 Total 1332.69 0.00 1,332,69 Complaint 5 : COMPLETE BRAKE JOB, FRT. & REAR AXLES Service Lines Type No. Description Qty. Unit Price UON, Amount Disc. Amt. Net Amount Item FLE-370003A OIL BATH SEAL 4.00 31.74 EACH 206.98 0.00 206.98 Item FLE-380048A SEAL, OIL BATH 2.00 73.56 EACH 147.12 0.00 147.12 Item FLE-449.4904 PRO-TORO SPINDLE NUT 4.00 77.94 EACH 311.76 0.00 311.76 Item FLE-651576 BRAKE DRUN1, 15,00 X 6.0 2.00 718.56 EACH 1437.12 0.00 1.437.12 Item FLE-66892F BRAKE DRUM 4.00 422.12 EACH 1688.50 0.00 1,688.50 item FLE-AGo107 GASKET, 8 HOLE AXEL FLANGE 4.00 2.99 EACH 11.96 0.00 11.96 Item FLE-GW46056WR 4605 BRAKE SHOE 4.00 63.64 EACH 254.5E 0.00 254.5E Item FLE-Krr-OTR-4515Q-RED EXC OTR BRAKE SHOE KIT (EA) . 4.00 76.26 EACH 305.04 0.00 305.04 Item FLE-NIK70 SPRING KIT, FIR BRAKE SHOE, WEDGE 2.00 938.47 EACH 1876.94 0.00 1,876.94 Item FLE-SET401 BEARING SET,560,572 1.00 73.66 EACH 73,66 0.00 73.66 Item FLE-SET403 BEARING SET,594A,592A 1.00 85.64 EACH 85.85 0.00 86.85 item FLE-SET424 TIMKEN BEARING SET 555S BEARING 2.00 96.34 EACH 192.69 0.00 192.69 Resource FRT FREIGHT CHARGES 1.00 150.00 EACH 150.00 0.00 150.00 Resource TECHNICIAN ROAOVE AND INSTALL DRUUIS,SEAl.S,SRAKES,HDW 30.00 115.00 HOUR 3450.00 0.00 3,450.00 E. KITS GIL 30500 Shop Supplies 1.00 276.00 EA 276.00 0.00 276.00 ------------------------------------------------------------------------------------------------------------------------------------- Total 10469,18 0,00 10,469.18 "Ctin �t� l" y Mrs 7 •. r;t ? Senvice Es1ti.mate �`e ssa �• 7 -1'a Page 4 No. SVQ16948 `3ERVFCE TO SERVE YOU ' Status Pending Order Date 06/05/19 TEN-8 FIRE EQUIPMENT, INC. Order Time 12:56:33 PM 2904 59TH AVENUE DRIVE EAST Contract No. BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No. 941-756-2598 Complaint 6 : REPLACE BOTH REAP. CHASSIS TORQUE ARM JOINTS Service Lines Type No. Description Item Qty. Unit Price Uo'jI Amount Disc. Amt. Net Amount FLE-E3176 TORQUE ROD KIT 2.00 276.69 EACH 553.38 0.00 553.35 Resource TECHNICIAN REMOVE TORQUE ARIA, WELD ON NEW ENDS, REINSTALL 6.00 115,00 HOUR 690,00 0.00 690.00 GIL 30500 Shop Supplies 1.00 55.20 EA 55.20 0.00 55.20 ----------------------------- Total 1298.58 0.00 1.298.56 Complaint 7 : SERVICE BOTH REAR DIFFERENTIALS --------- ----------------------------------- Service Lines Type No. Description Item OIL-85W140 Qty. Unit Price UoM Amount Disc. AmL NetAmount OIL, GEAR 8501140 40.00 6.85 QUART 274.00 0.00 274.00 Resource TECHNICIAN SERVICE LUBE IN BOTH DIFFERENTIALS 4.00 115,00 HOUR 460.00 0.00 460.00 GIL 30500 Shop Supplies 1.00 18,40 EA 13.40 0.00 18.40 Total /52.40 0.00 752.40 Complaint 8 : REPLACE 5" CLAMP ON EXHAUST ------------------------------------------- Service Lines Type No. Description Item FLE-TLC500A Qty. Unit Price UoM Amount Disc. Amt. Net Amount CLAMP, 051' LAPJOINT EXHAUST 1.00 16.23 EACH 16.23 0.00 16.23 Resource TECHNICIAN BRADENTON TECHNICIAN 1.00 115.00 HOUR G/L 30500 115.00 0.00 115.00 Shop Supplies 1.00 9,20 EA 9.20 0.00 9.20 Total 140.43 0,00 140.43 ✓; Complaint 9 : REMOVAL AND REASSEMBLY OF CAB CANOPY ------ ------ _----------------------------------------------------- service Lines Type No. Description Resource TECHNICIAN Gy. Unit Price UOPA Amount Disc. Amt. Net Amount REMOVAL AND REASSEMBLY OF CAB CANOPY 64.00 115.00 HOUR 7360.00 0.00 7,360.00 GIL 30500 Shop Supplies 1.00 586.80 EA 588.80 0.00 588.80 Total 7948,80 0.00 7,948.80 �n j 775;7'.7, iC:t:t�TV SE b4'VE OU TEN-8 FIRE EQUIPMENT, INC. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No. 941-756-2598 Complaint 10 : SERVICE TRANSMISSION Service Lines Type No. (teal OIL-DEXRON III Resource TECHNICIAN G/L 30500 G/L 30700 Description City. DEXTRON III OIL -TES 339 26.00 SERVICE CHASSIS 2 OG TRANSMISSION Shop Supplies 1.00 TRANS. FILTER 1.00 Total Complaint 11 : SERVICE CHASSIS AIR DRYER service EsYconate Page 5 No. SVQ 16948 Status Pending Order Date 06/05/19 Order Time 12:56:33 PfVI Contract No. Unit Price UofA Ai ount Disc. Amt. Net Amount 5.22 QUART 135.81 0,00 135.81 115.00 HOUR 230.00 0.00 230.00 i8.40 EA 18.40 0.00 18.40 25.20 EACH 25.20 0.00 25.20 409.41 0.00 409.41 Service Lines Type No. Description Qty. Unit Price Uoi'll Amount Disc. Amt Net Amount Resource TECHNICIAN SERVICE AIR DRYER 2.00 115.00 HOUR 230.00 0.00 230.00- G/L 30500 Shop Supplies 1.00 16.40 EA 18.40 0.00 18.4C GIL 30700 AD-9 CARTRIDGE 1.00 55.00 EACH 55.00 0,00 55.00 Total 303.40 0.00 303.40 THIS IS AN ESTIMATE, NOT A CONTRACT AND IS VALID FOR 30 CALENDAR DAYS. ESTIMATES ARE Total Amount $ 57,788.36 PROVIDED ON A BEST ENDEAVORS 13ASIS ONLY. WORK WILL BE CHARGED BASED UPON THE PRICE OF PARTS PROVIDED BY TEN-8 FIRE EQUIPMENT PLUS LABOR. IF THERE IS ANY DIS�CDiscount$ 0.00 UNFORESEEN WORK DIRECTLY RELATED TO THE REPAIRS ON THE ESTIMATE, THE CUSTOMER WILL BE CONTACTED FOR AUTHORVATION TO COMPLETE THE ADDITIONAL WORK, IF THE T BX@S $ 0.00ADDITIONAL WORK IS DECLINED THE CUSTOMER IS STILL LIABLE FOR ANY WORK COMPLETED. BY SIGNING BELOW YOU AUTHORIZE TEN-8 EQUIPMENT TO PERFORM THE REPAIRS DETAILED IN THE ESTIMATE ABOVE. Balance Due $ 57,7$8.36 Confirm Info: Signature: Date: 7h •t `Y ES _S Et'VIC L SEi 1.1-1E VOL, TEN-8 FIRE EQUIPMENT, INC. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No, 941-756-2598 Invoice To: CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE, FL 34974 Complaint 1 : Courtesy Inspection Fault COURTESY INSPECTION Resolution PREFORM COURTESY INSPECTION Service tines Type No. Resource EVANS Description COURTESY INSPECTION Service Invoice Page 1 Invoice No. SVI5548 Svc. Order No. SVT0000122017 Order Date 02/07/19 Posting Date: 7/1/2019 12:00:00 Due Date: 7/31 /2019 Customer Id OKE Cl PO No.: EA520 Equip. Id.: EA520 Veh. Miles: 145183 Veh. Hrs.: 13678 Approved : N/A Qty Unit Price Amount Disc % Disc. Amt. Net Amount 0.00 0.00 0.00 0.00 0.00 0.00 Total 0.00 0.00 0.00 Complaint 2 : .............. ........................................ ............................ GEARCASE REPAIRS .......................................... ............................................... ................................ :...... Fault INSPECT GEARCASE Resolution REMOVE ALL GEAR LINES AND GEARCASE Service Lines Type No. Description Qty Unit Price Amount Disc % Disc. Amt. Net Amount Item HAL-200-2450-01-0 PV-763 SWITCH 1.00 78.43 78.43 0.00 0.00 78.43 REPLACEMENT Resource EVANS REMOVE ALL GEAR DRIVE 15.00 115.00 1725.00 0.00 0.00 1725.00 LINES AND GEARCASE Resource EVANS INSTALL NEW PRIMER 1.00 115.00 115.00 0.00 0.00 115.00 SWITCH G/L 30500 Shop Supphes 1.00 138.00 138.60 0.00 0.00 138.00 Total 2056.43 0.00 2,056.43 Remit To.' TEN-8 FIRE EQUIPMENT, INC. Total Amount $ 2056.43 2904 59TH AVENUE DRIVE E kST Discount $ 0.00 Bradenton, FL 34203 Taxes $ 0.00 Balance Due $ 2,056.43 ram' �Aj.`Wr 5f7�:ty M1 {�i'' % 6F�.,+ TEN-8 FIRE EQUIPMENT, INC. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No. 941-756-2598 Invoice To: CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE, FL 34974 Complaint 1 : Courtesy Inspection Fault COURTESY INSPECTION Resolution PREFORM COURTESY INSPECTION Service Invoice Page 1 Invoice No. SVI5540 Svc. Order No. SVT0000122105 Order Date 66/28/19 Posting Bate : 7/1/2019 12:130:00 Due Date : 7/31/2019 Customer Id OKE CI PO No.: EA520 Equip. Id.: EA520 Veh. Miles.- 145183 Veh. Hrs.: 13678 Approved : NIA Service Lines Type No. Description Qty Unit Price Amount Disc % Disc. Amt. Net Amount Resource EVANS COURTESY INSPECTION 1.00 0.00 0.00 0.00 0.00 0.00 Total 0,00 0.00 0.00 Complaint 2 : TACH INOP AT PUMP PANEL ..._ ..................................... . Fault . TACH INOP AT PUMP PANEL Resolution. REPLACE TACH AT PUMP PANEL AND TEST Service Lines Type No. Description Qty Unit Price Amount Disc % Disc. Amt: Net Amount Item PIE-60-9117 GAUGE,TACH , W/HOUR 1.00 187.02 187.02 0.00 0.00 187.02 METER Resource EVANS REMOVE AND INSTALL NEW 1.00 115.00 115.00 0.00 0.00 115.00 TACH AT PUMP PANEL GIL 30500 Shop Supplies 1.00 9.20 9.20 0.00 0.00 9.20 ........ Total 311.22 0.00 311.22 .................................................................................................................................................................. Complaint 3 : FUEL FOR TESTING ......................... Fault TRUCK IS LOW ON FUEL Resolution FUEL TRUCK FOR PUMP TESTING Service Lines Type No. Description Qty Unit Price Amount Disc % Disc. Amt. Net Amount G/L 33600 TRUCK FUEL FOR PUMP Account 1.00 95.37 95.37 0.00 0.00 95.37 TESTING Total 95.37 0.00 95.37 m LNG .SSER" ICF TO SEi't ."E YOU TEN-8 FIRE EQUIPMENT, INC. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No. 941-756-2598 Complaint 4 : REPLACE RADIATOR CORE Fault RADIATOR LEAKING Resolution REPLACE RADIATOR AND RUBBER ISOLATORS Service Lines Type No. Description Item PIE-1365442 ISOLATOR, RUSBER,RAD/CAC G/L 30700 RADIATOR CORE Service Invoice Page 2 Invoice No. SV15540 Svc. Order No. SVT0000122105 Order Date 06/28/19 Posting Date: 7/1/2019 12:00:00 Due Date : 7/31 /2019 Qty Unit Price Amount 12.00 4.80 57.60 1.00 3,430.00 3430.00 Disc % Disc. Amt. Net Amount 0.00 0.00 57.60 0.00 0.00 3430.00 G/L 30500 SHOP SUPPLY FEE 1.00 73.60 73.60 0.00 0,00 73.60 Resource EVANS INSTALL RADIATOR CORE 8.00 115.00 920.00 0.00 0.00 920.00 Total 4481.20 0.00 4,481.20 Complaint 5 : REPLACE ENGINE BLOWER Fault ENGINE SLOWER NOT FUNCTIONING Resolution INSTALL ENGINE BLOWER AND TEST OPERATION Service Lines Type No. Description Qty Unit Price Amount Disc % Disc. Amt. Net Amount Resource EVANS INSTALL ENGINE BLOWER 7.00 115.00 805.00 0.00 0.00 805.00 G/L 30500 SHOP SUPPLY FEE 1.00 64.40 64.40 0.00 0.00 64.40 G/L 30700 ENGINE BLOWER ASSY 1.00 1,201,00 1201.00 0.00 0.00 1201.00 ............................ ............... Total 2070.40 0.00 2,070.40 Complaint 6 : ........................... -..... ......... .................... ............. ENGINE ACCESSARY DRIVE GEAR CHIPPED ................. I.......................... ........._.................I.........._. ........................................... Fault ENGINE ACCESSARY DRIVE GEAR CHIPPED Resolution REPLACE DRIVE GEAR Service Lines Type No. Description Qty Unit Price Amount Disc % Disc. Amt- Net Amount Resource EVANS INSTALL ACCESSARY DRIVE 1.00 .115.00 115.00 0.00 0.00 115.00 Resource FRT FREIGHT CHARGES 1.00 75.00 75.00 0.00 0.00 75.00 G/L 30700 ACCESSARY DRIVE 1.00 989.62 989,62 0.00 0.00 989.62 Total 1179.62 0.60 1,179.62 r R ERVIC21, TO SE'RIVE You TEN-8 FIRE EQUIPMENT, INC. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No. 941-756-2598 Complaint 7 : BEVEL NUT -TUBE ASSY Service Invoice Page 3 Invoice No. Svc. Order No. Order Date Posting Date: Due Date: SV15540 SVT000012-2105 06/28/19 7/1/2019 12:00:00 7/31 /2019 Fault REPLACE BEVEL NUTS FOR TUBE ASSY r Resolution INSTALL BEVEL NUTS FOR TUBE ASSY Service Lines Type No. Description Qty Unit Price Amount Disc % Disc. Amt. Net Amount G/L 30700 BEVEL NUTS 8.00 13.18 105.44 0.00 0.00 105.44 Total 105.44 0.00 105.44 ............................ ........................ ................... ...................................... ................. ................ I........................ Complaint 8 : SMOOTH NUT -TUBE ASSY Fault REPLACE SMOOTH NUTS FOR TUBE ASSY Resolution INSTALL SMOOTH NUTS FOR TUBE ASSY Service Lines Type No. Description Qty Unit Price Amount Disc % Disc. Amt Net Amount G/L 30700 SMOOTH NUT -TUBE ASSY 8.00 13.18 105.44 0.00 0.00 105.44 Total 105.44 0.00 105.44 ................................................................................................................................................................................................................... Complaint 9 : DRIVE COUPLING Fault DRIVE COUPLING WORN Resolution INSTALL DRIVE COUPLING Service Lines Type No. Description Qty Unit Price Amount Disc % Disc. Amt Net Amount Resource FRT FREIGHT CHARGES 1.00 75.00 75.00 0.00 0.00 75.00 G/L 30700 DRIVE COUPLING 1.00 61.95 61.95 0.00 0.00 61.95 Total 136.95 0.00 136.95 Complaint 10 : .................................................................................................................................................................................................................... OIL PUMP Fault OIL PUMP IS WEAK AND WORN Resolution INSTALL OIL PUMP Service Lines Type No. Description Qty Unit Price Amount Disc % Disc. Amt. Net Amount Resource FRT FREIGHT CHARGES 1.00 25.00 25.00 0.00 0.00 25.00 G/L 30700 OIL. PUMP 1.00 1,239.94 1239,94 0.00 0.00 1239.94 Total 1264.94 0.00 1,264.94 0 1. nigf+ • ry, �4 TEN-$ FIRE EQUIPMENT, INC. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No, 800-228-8368 Fax No. 941-756-2598 Service invoice Page 4 Invoice No. SVI5540 Svc. Order No. SVT0000122105 Order Date 06/28/19 Posting Date: 7/1/2019 12:00:00 Niue Date: 7/31/2019 Complaint 11 : REPLACE SKINNER VALVE FOR HIGH IDLE Fau t SKINNER VALVE NOT OPERATING CORRECTLY Resolution REPLACE SKINNER VALVE Service Lines Tyke No. Description City Unit Price Amount. Disc % Disc. Arrit. Net Amount Resource EVANS INSTALL REG AND VALVE 2.00 115.00 230.00 0.00 0.00 230.00 Item PIE-55-0072 REGULATOR AIR MINI 0-125 1.00 34.13 34.14 0.00 0.00 34.14 PSI Item PIE-60-0444 VALVE SOL 2-POS 3-WAY NC 1.00 114.87 114.87 0.00 0.00 114.87 12VDC SKINNER G/L 30500 Shop Supp3ies 1.00 18.40 18.40 0.00 0.00 18.40 Item PIE-60-9117 GAUGE,TACH , W/HOUR 1.00 187,02 187.02 0.00 0.00 187.02 METER Item HAL-03MO90-50 OD RELIEF VALVE STEM 1.00 300.00 300.00 0.00 0.00 300.00 Item PIE-52-0059 CABLE,THROTTLE,VERNIER,2 1.00 126.00 126.00 0.00 0.00 126.00 40" Total 1010.43 0.00 1,010.43 Remit To : TEN-8 FIRE EQUIPMENT, INC. Total Amount $ 10760.99 2904 59TH AVENUE DRIVE EAST Discount $ 0.00 Bradenton, FL 34203 Taxes $ 0.00 Balance Due $ 10,760.99 Exhibit 19 July 16, 2019 FLORIDA 1915 To: 'Marcos �Montes De Oca, City Administrator From: David Allen, Public Works Directo'��,r Date: 7/9/2019 Re: Sole Source Purchase for Tree Program and. Centennial: Park Landscaping As previously discussed, the Public Works Department utilized our current landscaping contractor JMC Landscaping Services to perform the installation of new landscaping including trees and bedding plants in Centennial Park and additional trees.in Fla.gier Park #5. The decision to utilize the existing contractor was?based on the desir a'bi i`%y of'havmg the same contractor install and maintain the new plantings. Using the same contractor eliminates the potential of conflict should some of the plants fail to survive the establishment period. JMC has been our landscape maintenance contractor for several years and has provided good eservice. The purchase was broken into two purchase orders due to the funding for the work coming from. two separate budget line items: .Tree Program — 301-549,64'03 Centennial Park Landscaping — 301=541-6401 I have attached copies of the original purchase order paperwork as well as a quote for similar services from another local vendor for your reference. 4 IDEAL LANDSCAPING, L.LC "Where Customer Satisfaction is Priority" Proposal Date: June 24, 2019 Rd. City of Okeechobee 55 SE 3rd Ave Okeechobee FL, 34972 Scope of Work Centennial park 4 southern live oaks 100 gallon. @r, $2200,00 5 crape myrtle lavender multi trunk 45 gallon @ $600 per tree 25 diranta gold mound 3 gallon @ $18 per plant 75 viburnum suspensum 3 gallon @ $18 per plant 5 yards Red much delivered and installed $75 per yard PO BOX 4446 [hone 772-828-1562 FORT i,x 772-465-4356 i FL 34948 gllc@gmaii.com Total: $13,975.00 OF OK��e� U `1Y�dta• P�fl OR10P PURCHNSE ORDER CITY OF OKEECHOBEE 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 34974-2903 Tel:863/763-3372 Fax:863/763-1686 FTo: JMC Landscaping Services 581 NW 30th Lane Okeechobee, FL 34972 L THIS ORDER SUBJECT TO CONDITIONS ON FACE, NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. IMPORTANTVIA" THIS, NUMBER MUST BE SHOWN PACKAGES,ALL INVOICES , TICKETS ■ CORRESPONDENCE. SHIP TO: F City of Okeechobee —j , 5 SE 3rd Avenue II L Okeechobee, FI. 34974 INVOICE IN DUPLICATE: j I City of Okeechobee 55 SE 3rd Avenue 11 L� Okeechobee, FI. 34974 I J DATE 5/81201 VENDOR NO. ----[DELIVERY DATE SHIP VIA BEST WAY F.O.B. DESTINATION TERMS ITEM ACCT. NUMBER QUANTITY UNIT DESCRIPTION UNIT AMOUNT NO. Estimate #1018 Dated 4/30/2019 1 301-549-5300 3 Southern Live Oak/Querous $1,850.00 5,650.00 2 301-549-530C 5 Lavender Crepe Myrtle $630.00 2,650.00 3 301-54M30C 75 Viburum Suspensum $16.00 1,125.00 4 301-549-530C 25 Gold Mound/Duranta repens $16.00 375.00 5 301-549-530 5 Red Mulch $60.00 300.00 All items delivered and installed. TOTAL 10,000.00 CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST STATE SALES TAX EXEMPTION 85.8012621656C-6. FEDERAL I.D. 59-6000393. Ima RECEIVING RECORD PARTIAL ❑ FINAL ❑ AUTHORIZED SIGNATURE PURCHASE REQUISITION CITY OF OKE;ECHOBEE 55 S.E. Third Avenue Okeechobee, FL 34974-2903 Tel: 863-763-3372 Fax: 863-763-1686 JMC Landscaping Services-, Inc. 581 NW 30th Lane Okeechobee, FL 34972 THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCI IRPMPNT MANAfZPAAPNT Req. No. 16621 SHIP TO: City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 DATE VENDOR NO. IDELIVERY DATE SHIP BEST F.O.B. DEST. TERMS 05/07/19 1 N/A I I N/A I N/A I E ITEM NO ACCT, NUMBE1 QTY UNIT DESCRIPTION AMOUNT 1 301-549-5300 Estimate 1018 Date 04/30/2019 3 $1,850.00 Southern Live Oak/Querous $5,550.00 Delivered and installed 5 $ 530.00 Lavender Crape Myrtle $2,650.00 Delivered and installed 75 $ 15.00 Viburnum Suspensum $1,125.00 Delivered and installed 25 $ 15.00 Gold Mound/Duranta repens $375.00 Delivered and installed 5 $ 60.00 Red Mulch $300.00 Delivered and installed TOTAL $10,000.00 CI I r Ur- UKtECI10BEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. APTS S/F_ EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUIEST. STATE SALES TAX EXEMPTION NO. 65-8012621656C-6 FEDERAL I.D. NO 59-60000-393 AUTH IZED SIGNATURE RECEIVING RECORD 0 PARTIAL X ,1MC LANDSCAPING SERVICES, Invoice 91 INC.,, 581 NW 30th Laney Okeechobee, FL 34972 . (863)6342657 )mciandscapingservicesinc@gmall.co m Key Matchett'..ry_ PAY 4Fs-, i zt r , PLEASEIS". t >.� City of Okeechobee --6 a r-.,�� If VR Rr MORRIS- 55 SE 3rd Ave re Okee, FL 34972 United States RM Ref. PO #4726 Location; Centennial Park DATE ACTNnY DESCRIPTION QTY RATE AMOUNT 06/01/2019 New Landscaping Southern Live Oak / overpaid 3 1,850,00 5,650.00 Virginians 45 gallon 06/01/2019 New Landscaping Crape Myrtle 45 gallon 5 530,00 2,650.00 06/01/2019 New Landscaping Duranta Gold Mound 3 gallon 25 15,00 375,00 06/01/2019 New Landscaping Vlbrunum Suspensum 3 gallon 75 15.00 1,125.00 06/11/2019 mulching 5 60.00 300,00 Please contact Jose M. Cisneros for questions or concerns. TOTAL DUE $1 0,000.00 !�llil�q . vo Thank you for your Bus(nassl THANK YOU. l oto, l lift u \115OR10t FTo: CITY OF OKEECHOBEE 55 S.E. THIRD AVENUE. OKEECHOBEE, FLORIDA 34974-2903 Tel:863/763-3372 Fax:863/763-1686 JMC Landscaping Senrices 581 NW 30th Lane Okeechobee, FL 34972 L THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. AMA .AMPORTANT: THIS NUMBER MUST BESNUILUL-16-TIL— ALL INVOICES, PACKAGES, CASES, TICKETS O.. .O SHIP TO: F— City of Okeechobee 55 SE 3rd Avenue L Okeechobee, FI.34974 INVOICE IN DUPLICATE- F— City of Okeechobee 55 SE 3rd Avenue I__. Okeechobee, FI.34974 DATE 5/8/2�9 p VENDOR NO. DELIVERY DATE SHIP VIA BEST WAY F.O.B. DESTINATION TERMS ITEM ACCT. NUMBER QUANTITY UNIT DESCRIPTION UNIT AMOUNT NO. Estimate #1019 Dated 4/30/2019 1 301-549-53 0 8 Southern Live Oak/Querous 14,800.0 Virginiana 12'-14' ht. sSPR STd 5-6 ct delivered & installed TOTAL 14, 800.0 CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL. EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST STATE SALES TAX EXEMPTION 85-8012621656C-6. FEDERAL I.D. 59.6000393. AUTHORIZED SIGNATURE RECEIVING PARTIAL 0 FINAL 1771 1 a JMC LANDSCAPING SERVICES, Invoice 92 INC. 581 NW 30th Lane Okeechobee,FL 34972 (863)6342657 Jmciandscapingservlceslnc@gmail.co m BILL TO ERE, Kay Matchett PLEASE PAY f r c City of Okeechobee '~� ir°$14,800.00 55 SE 3rd Ave 7e, Okee, FL 34972 United Statest Ref. PO #4725 Location Park 5 DATE ACTIVITY DESCRIPTION OTY RATE AMOUNT 06/11/2019 New Landscaping 8 southern live oak 75 gallon 8 1,850.00 14,800.00 delivered and Installed Please contact Jose M. Cisneros for questions or concerns. TOTAL DUE Thank you for your Businesst THANK YOU. Exhibit 20 July 16, 2019 MEMORANDUM July 9th, 2019 TO: Mayor and Council Members FR: Marcos Montes De Oca, City Administrator India Riedel, Finance Director RE: Proposed Amendment -July 16th Council Meeting Proposed changes: Cost associated with the addition of a Certified Police Officer being added for FY 2019 based on the SRO agreement presented with OCA and City of Okeechobee. It includes 3 months of personnel and operation cost and capital expenditure of one laptop. Addition of $7,000 for marketing and economic development of the Okeechobee community in a cooperative alliance with Tourist Development Council, Okeechobee Board of County Commissioners, Okeechobee Economic Development Corporation and the City of Okeechobee. Amendment within Fire Department Repair and Maintenance of Equipment budget, adding $84,700, specifically for major unforeseen repairs of Ladder Truck after rebuild of valves, etc. Areas amended are highlighted in grey Yr . City of Okeechobee ROPOSED AMENDED 2018/2019 BUDGET (DULY) GENERAL FUND 'RECAPITULATION - REVENUE AND EXPENSES 2018/2019 2018/2019 CURRENT PROPOSED F/Y Beeinnine Fund Balance I $ 4,315,500 $ 4,315,500 forward from 1 1 $ 4.315.500 1 $ 4.315.500 1 REVENUES 96% AD VALOREM 7.9932 $ 2,181,694 $ 2,181,694 OTHER FEES $ 710,300 $ 710,300 INTERGOVERNMENTAL $ 1,645,216 $ 1,645,216 CHARGES FOR SERVICES $ 950,600 $ 950,600 FINES, FORFEITURES & PE $ 9,775 $ 9,775 USES OF MONEY & PROP E $ 100,000 $ 100,000 OTHER REVENUES $ 28,114 $ 28,114 $ 5,625,699 $ 5,625,699 TRANSFERS - IN Public Facilities Fund (Transfej $ 350,000 $ 350,000 CDBG $ - $ Capital Proj /Im rovement Fun $ 845,215 $ 845,215 TOTAL REVENUES $ 6,820,914 $ 6,820,914 EXPENDITURES LEGISLATIVE $ 203,591 $ 210,591 EXECUTIVE $ 222,240 $ 222,240 CITY CLERK $ 239,384 $ 239,384 FINANCIAL; SERVICES $ 331,341 $ 331,341 LEGAL COUNCIL $ 116,260 $ 116,260 GENERAL SERVICES $ 384,484 $ 384,484 LAW ENFORCEMENT $ 2,532,030 $ 2,553,469 FIRE PROTECTION $ 1,631,054 $ 1,715,754 ROAD & STREET FACILIT $ 1,302,570 $ 1,302,570 TOTAL GEN. OPER. EXPENDITURES $ 6,962,954 1 $ 7,076,093 FISCAL YEAR ENDING FUND BALANCE 1 $ 4,173,460 1 $ 4,060,321 113,139 2018-2019 July Amended Budget 1 of 26 City of Okeechobee *••�'ROPOSED AMENDED 2018/2019 BUDGET (DULY) GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES 2018/2019 2018/2019 CURRENT PROPOSED FUND BALANCE $ 4,315,500 $ 4,315,500 Roll Forward from previous year $ 4,315,500 1 $ 4,315,500 REVENUES TAXES: 311-1000 96% AD VALOREM @ 7.9932 $ 2,181,694 $ 2,181,694 TOTAL $ 2,181,694 $ 2,181,694 OTHER FEES: 312-5100 312-5200 314-1000 314-4000 314-8000 316-0000 319-0000 335-1210 335-1400 335-1500 335-1800 312-6000 315.0000 -1000 -1000 -4000 -7000 1-2000 1-3 000 1-4000 3-4010 Fire Insurance Premium $ 45,800 $ 45,800 Casualty Insurance Prem Tax (Police) $ 62,000 $ 62,000 Utility Tax -Electric $ 480,000 $ 480,000 Utility Tax/Natural Gas $ 20,000 $ 20,000 Utility Tax/Propane $ 29,000 1 $ 29,000 Prof & Business Tax Receipt $ 72,500 $ 72,500 Public Service Fee $ 1,000 $ 1,000 TOTAL $ 710,300 $ 710,300 AL SRS Cigarette Tax $ 199,890 $ 199,890 Mobile Home Licenses $ 14,000 $ 14,000 Alcoholic Beverage Licenses $ 5,300 $ 5,300 1/2 Cent Sales Tax $ 383,546 $ 383,546 1 Cent Sales Surtax $, 825,993 $ 825,993 Communications Service Tax $ 208,887 $ 208,887 Firefighters Supplement $ 2,400 $ 2,400 County Business Licenses $ 5,200 $ 5,200 TOTAL $ 1,645,216 $ 1,645,216 FOR CURRENT SERVICES Building & Inspections Fees $ 75,000 $ 75,000 Exception & Zoning Fees $ 1,350 $ 1,350 Franchise -Electric $ 380,000 $ 380,000 Franchise -Natural Gas $ 10,200 $ 10,200 Franchise -Solid Waste $ 106,000 $ 106,000 Plan Review Fees $ 2,000 $ 2,000 Alley/Street Closing Fees Map Sales $ 25 $ 25 Photocopies $ 25 $ 25 Solid Waste Collection Fees-Resd. $ 376,000 $ 376,000 TOTAL $ 950,600 $ 950,600 2018-2019 July Amended Budget 2 of 26 City of Okeechobee PROPOSED AMENDED 2018/2019 BUDGET (DULY) GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES 2013/2019 1 2018/2019 CURRENT PROPOSED NES, FORFEITURES & PENALTIES: 1-1000 1-2000 1-3000 1-4000 1-5000 1-1000 Court Fines $ 5,000 $ 5,000 Radio Comm. Fee $ 2,700 $ 2,700 Law Enforcement Education $ 1,000 $ 1,000 Investigation Cost Reimbursement $ 925 $ 925 Unclaimed Evidence Ordinance Violation Fines $ 150 1 $ 150 TOTAL $ 9,775 $ 9,775 USES OF MONEY & PROPERTY: 361-1000 361.3000 Interest Earn 364-1000 Surplus City Property 100 366-1000 369A 000 369-4000 369-5000 383-0000 ings $ 100,000 $ 100,000 Investment Earnings REVENUES: Public Safety Grant Special Purpose Grant DOT Hwy Maint.Landscape/Mowing $ 8,700 $ 8,700 DOT Master Traffic Signals Maint. $ 15,064 $ 15,064 DOT Maint. Lights & Lights Contract Other Revenues Miscellaneous $ 2,000 $ 2,000 Code Enforcement Fine $ 500 $ 500 Police Accident Reports $ 1,850 $ 1,850 Capital Lease Proceeds TOTAL $ 28114 1 $ 28114 OTHER REVENUES AND TRANSFER IN 381-1000 Impact Fee Transfer in $ - $ Capital Project Improvements (Transfer -In) $ 845,215 $ 845,215 CDBG Fund (Transfer -In) Public Facilities Improvement (Transfer -In) $ 350,000 $ 350,000 TOTAL 1 $ 1,195,215 1 $ 1,195,215 TOTAL REVENUE,& OTHER FUNDING SOURCES 1 $ 6,820,914 $ 6,820,914 OPERATING TRANSFERS - OUT Due From CDBG Capital Project Building & Improvements Capital Project Vehicles TRANSFERS OUT 2018-2019 July Amended Budget 3 of 26 PROPOSED d City of Okeechobee AMENDED 2018/2019 BUDGET (JULY) General Fund - 001 DEPARTMENT: LEGISLATIVE (0511) 2018/2019 2018/2019 CURRENT PROPOSED 1100 EXECUTIVE SALARIES $ 46,100 $ 46,100 1510 LONGEVITY/SERVICE INCENTIVE 2100 FICA $ 3,756 $ 3,756 2200 RETIREMENT is 4,850 1 $ 4,850 2300 LIFE AND HEALTH INSURANCE $ 54,577 $ 54,577 2410 WORKERS COMPENSATION $ 258 $ 258 TOTAL PERSONNEL COSTS: $ 109,541 IS 109,541 2018-2019 July Amended Budget 4 of 26 y i CPROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (JULY) General Fund - 001 DEPARTMENT: LEGISLATIVE (0511) OPERATIONS & SUPPLIES 2018/2019 2018/2019 CURRENT PROPOSED 3100 PROFESSIONAL SERVICES 3400 OTHER CONTRACT SERVICES $ 46,500 $ 46,500 4000 TRAVEL AND PER DIEM $ 2,500 $ 2,500 4100 COMM. & FREIGHT $ 3,200 $ 3,200 4500 INSURANCE $ 3,610 $ 3,610 4609 REPAIR & MAINTENANCE $ 600 $ 600 4901 EDUCATION $ 1,500 $ 1,500 4909 MISCELLANEOUS $ 1,000 $ 1,000 5400 BOOKS, PUBLICATIONS, ETC $ 1,200 $ 1,200 8100 SHARED SERVICES $ 8,940 $ 8,940 8200 AID TO PRIVATE ORGANIZATIONS 8201 INTERLOCAL PART. w/IRSC 8202 LOCAL COMMUNITY REQUEST $ 25,000 $ 25,000 574-8300 TOURISM/ECO. DEV/MARKETING $ 7,000 TOTAL SUPPLIES AND OTHER SERVICES $ 94,050 $ 101,050 GRAND TOTAL FOR DEPARTMENT $ 203,591 $ 210,591 2018-2019 July Amended Budget 5 of 26 low yPROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (JULY) General Fund - 001 DEPARTMENT: EXECUTIVE (0512) PERSONNEL COST: 2018/2019 2018/2019 CURRENT PROPOSED 1100 EXECUTIVE SALARIES $ 92,300 $ 92,300 1200 REGULAR SALARIES $ 46,500 $ 46,500 1510 LONGEVITY/SERVICE INCENTIVE 2100 FICA $ 10,800 $ 10,800 2200 RETIREMENT $ 14,500 $ 14,500 2300 ILIFE AND HEALTH INSURANCE $ 21,890 $ 21,890 2400 IWORKERS COMPENSATION $ 855 $ 855 TOTAL PERSONNEL COSTS: $ 186,845 $ 186,845 2018-2019 July Amended Budget 6 of 26 h. _ :PROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (DULY) General Fund - 001 DEPARTMENT: EXECUTIVE (0512) SUPPLIES & OTHER SERVICES 2018/2019 2018/2019 CURRENT PROPOSED 4000 TRAVEL AND PER DIEM 8400 8400 4100 COMM. & FREIGHT 3900 3900 4400 RENTALS & LEASES 4100 4100 4500 INSURANCE 4135 4135 4600 jR&M VEHICLES 1550 1550 4609 R&M EQUIPMENT 1400 1400 4901 EDUCATION 2860 2860 4909 MISCELLANEOUS 500 500 5100 OFFICE SUPPLIES 800 800 5200 OPERATING SUPPLY 2200 2200 5201 FUEL AND OIL 3800 3800 5400 BOOKS, PUBLICATIONS, ETC 1750 1750 6400 EQUIPMENT ($750 OR MORE) TOTAL SUPPLIES AND OTHER SERVICES $ 35,395 $ 35,395 GRAND TOTAL FOR DEPARTMENT 1 $ 222,240 1 $ 222,240 2018-2019 July Amended Budget 7 of 26 PROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (JULY) General Fund - 001 DEPARTMENT: CLERK OFFICE (2512) PERSONNEL COST: 2013/2019 2018/2019 CURRENT PROPOSED 1100 jEXECUTrVE SALARIES $ 66,813 $ 66,813 1200 IREGULAR SALARIES $ 35,100 $ 35,100 1300 OTHER SALARIES $ 17,520 $ 17,520 1510 LONGEVITY/SERVICE INCENTIVE $ 750 $ 750 2100 FICA $ 9,360 $ 9,360 2200 RETIREMENT $ 10,800 $ 10,800 2300 LIFE AND HEALTH INSURANCE $ 21,250 $ 21,250 2400 WORKERS COMPENSATION $ 736 $ 736 TOTAL PERSONNEL COSTS: $ 162,329 1 $ 162,329 2018-2019 July Amended Budget 8 of 26 +PROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (DULY) General Fund - 001 DEPARTMENT: CLERK OFFICE (2512) SUPPLIES & OTHER SERVICES 2018/2019 2018/2019 CURRENT PROPOSED 3103 MUNICIPAL CODE $ 4,500 $ 4,500 3400 OTHER CONTRACTUAL SERVICES $ 18,800 $ 18,800 4000 TRAVEL AND PER DIEM $ 4,550 $ 4,550 4100 COMM. & FREIGHT $ 2,160 $ 2,160 4500 INSURANCE $ 5,640 $ 5,640 4609 IR&M EQUIPMENT $ 10,225 $ 10,225 4900 ADVERTISING/OTHER CHARGES $ 18,000 $ 18,000 4901 EDUCATION $ 2,100 $ 2,100 4909 MISCELLANEOUS/ELECTION $ 5,200 $ 5,200 5100 OFFICE SUPPLIES $ 3,480 $ 3,480 5400 BOOKS, PUBLICATIONS, ETC $ 2,400 $ 2,400 6400 1EQUIPMENT ($750 OR MORE) $ - $ - TOTAL SUPPLIES AND OTHER SERVICES $ 77,055 $ 77,055 GRAND TOTAL FOR DEPARTMENT $ 239,384 $ 239,384 2018-2019 July Amended Budget 9 of 26 ti .PROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (DULY) General Fund - 001 DEPARTMENT: LEGAL SERVICES (0514) SUPPLIES & OTHER SERVICES 2018/2019 2018/2019 CURRENT PROPOSED 1510 LONGEVITY 2300 HEALTH INSURANCE $ 9,590 $ 9,590 3100 PROFESSIONAL SERVICES $ 52,020 $ 52,020 3300 LEGAL COST $ 50,500 $ 50,500 4000 TRAVEL AND PER DIEM $ 1,000 $ 1,000 4100 COMM. AND FREIGHT SERVICES $ 800 $ 800 4609 R&M EQUIPMENT $ 800 $ 800 4901 EDUCATION $ 750 $ 750 5100 OFFICE SUPPLIES $ 300 $ 300 5400 MEMBERSHIP & SUBSCRIPTIONS $ 500 $ 500 TOTAL SUPPLIES AND OTHER SERVICES $ 116,260 1 $ 116,260 GRAND TOTAL FOR DEPARTMENT 1 $ 116,260 $ 116,260 2018-2019 July Amended Budget 10 of 26 PROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (JULY) General Fund - 001 DEPARTMENT: FINANCE DEPARTMENT (0 PERSONNEL COST: 2018/2019 2013/2019 CURRENT PROPOSED 1100 EXECUTIVE SALARIES $ 63,360 $ 63,360 1200 REGULAR SALARIES $ 76,535 $ 76,535 1201 OTHER SALARY 1510 LONGEVITY/SERVICE INCENTIVE 2100 FICA $ 10,800 $ 10,800 2200 RETIREMENT $ 14,650 $ 14,650 2300 LIFE AND HEALTH INSURANCE $ 34,300 $ 34,300 2400 WORKERS COMPENSATION $ 881 $ 881 2500 UNEMPLOYMENT TAXES TOTAL PERSONNEL COSTS: $ 200,526 1 $ 200,526 2018-2019 July Amended Budget 11 of 26 s. PROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (DULY) General Fund - 001 iIFPARTMF.NT- FINANCE DEPARTMF,NT (0513) 2018/2019 2018/2019 CURRENT PROPOSED 3200 ACCOUNTING & AUDIT $ 41,500 $ 41,500 3400 OTHER CONTRACTUAL SERVICES $ 42,500 $ 42,500 4000 TRAVEL AND PER DIEM $ 1,750 $ 1,750 4100 COMM. & FREIGHT $ 2,920 $ 2,920 4500 IINSURANCE $ 7,095 $ 7,095 4609 R&M EQUIPMENT $ 14,250 $ 14,250 4901 EDUCATION $ 700 $ 700 4909 MISCELLANEOUS $ 2,500 $ 2,500 5100 OFFICE SUPPLIES $ 1,200 $ 1,200 5200 OPERATING SUPPLY $ 15,650 $ 15,650 5400 BOOKS, PUBLICATIONS, ETC $ 750 $ 750 6400 1EQUIPMENT ($750 OR MORE) TOTAL SUPPLIES AND OTHER SERVICES $ 130,815 $ 130,815 TOTAL COST: 1 $ 331,341 $ 331,341 2018-2019 July Amended Budget 12 of 26 xl ` ROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (JULY) General Fund - 001 DEPARTMENT: GENERAL SERVICES (0519) PERSONNEL COST: 2018/2019 2018/2019 CURRENT PROPOSED 1200 REGULAR SALARIES $ 73,820 $ 73,820 1300 OTHER SALARY 1400 OVERTIME 1510 LONGEVITY/SERVICE INCENTIVE 2100 IFICA $ 5,660 $ 5,660 2200 . RETIREMENT $ 7,710 $ 7,710 2300 LIFE AND HEALTH INSURANCE $ 21,250 $ 21,250 2400 WORKERS COMPENSATION $ 695 $ 695 TOTAL PERSONNEL COSTS: Is 109,135 $ 109,135 2018-2019 July Amended Budget 13 of 26 PROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (JULY) General Fund - 001 DEPARTMENT: GENERAL SERVICES (0519) SUPPLIES & OTHER SERVICES 2018/2019 2018/2019 CURRENT PROPOSED 3100 PROFESSIONAL SERVICES $ 124,050 $ 124,050 3400 OTHER CONTRACTUAL SERVICES $ 88,360 $ 88,360 4000 TRAVEL AND PER DIEM $ 4,960 $ 4,960 4100 COMM. & FREIGHT $ 3,452 $ 3,452 4300 UTILITIES $ 9,100 $ 9,100 4400 IRENTALS AND LEASES $ 3,687 $ 3,687 4500 INSURANCE $ 20,310 $ 20,310 4600 R&M VEHICLES 4609 R&M BUILDING & EQUIPMENT $ 12,630 $ 12,630 4901 EDUCATION $ 700 $ 700 4909 MISCELLANEOUS $ 500 $ 500 5100 OFFICE SUPPLIES $ 2,900 $ 2,900 5200 OPERATING SUPPLY $ 1,500 $ 1,500 5201 FUEL AND OIL 5204 POSTAGE & SUPPLIES $ 3,000 $ 3,000 5400 BOOKS, PUBLICATIONS, ETC $ 200 $ 200 6400 1EQUIPMENT ($750 OR MORE) TOTAL SUPPLIES AND OTHER SERVICES $ 275,349 $ 275,349 GRAND TOTAL FOR DEPARTMENT 1 $ 384,484 1 $ 384,484 2018-2019 July Amended Budget 14 of 26 City of Okeechobee ` PROPOSED AMENDED 2018/2019 BUDGET (DULY) General Fund - 001 DEPARTMENT: POLICE DEPARTMENT (0521) PERSONNEL COST: 2018/2019 2018/2019 CURRENT PROPOSED 1100 EXECUTIVE SALARIES $ 75,120 $ 75,120 1200 REGULAR SALARIES $ 1,143,675 $ 1,153,596 1201 HOLIDAY PAY 1202 OFFICERS HOLIDAY PAY $ 30,764 $ 30,764 1300 OTHER SALARY $ 56,375 $ 56,375 1400 JOVERTIME $ 5,100 $ 5,100 1403 OFFICERS OVERTIME PAY $ 81,750 $ 83,113 1501 AUXILIARYPAY $ 1,200 $ 1,200 1510 LONGEVITY/SERVICE INCENTIVE $ 750 $ 750 1520 OFFICERS LONGEVITY/SERVICE 1540 CAREER EDUCATION $ 14,250 $ 14,250 2100 IFICA $106,297 $ 107,160 2200 RETIREMENT $ 265,460 $ 266,925 2300 LIFE AND HEALTH INSURANCE $ 310,600 $ 313,156 2400 WORKERS COMPENSATION $ 53,481 $ 53,920 2500 UNEMPLOYMENT COMP. TOTAL PERSONNEL COSTS: $ 2,144,822 $ 2,161,429 2018-2019 July Amended Budget 15 of 26 City of Okeechobee ROPOSED AMENDED 2018/2019 BUDGET (JULY) General Fund - 001 DEPARTMENT: P©LICE DEPARTMENT SUPPLIES & OTHER SERVICES 2018/2019 2018/2019 CURRENT PROPOSED 3100 PROFESSIONAL SERVICES $ 35,600 $ 35,700 3400 OTHER CONTRACTURAL SERVICES $ 35,258 $ 35,258 4000 TRAVEL AND PER DIEM $ 7,800 $ 7,950 4100 COMM. & FREIGHT $ 35,040 $ 35,190 4300 UTILITIES $ 16,275 $ 16,275 4400 IRENTALS AND LEASES $ 5,420 $ 5,420 4500 INSURANCE $ 55,365 $ 55,365 4600 R&M VEHICLES $ 16,000 $ 16,062 4609 R&M EQUIPMENT $ 27,550 $ 27,562 4700 PRINTING $ 2,000 $ 2,000 4901 EDUCATION -RESTRICTED $ 4,500 $ 5,925 4902 EDUCATION - NON -RESTRICTED $ 4,500 $ 4,500 4903 CODE ENFORCEMENT $ 5,000 $ 5,000 4909 MISCELLANEOUS $ 1,500 $ 1,500 5100 OFFICE SUPPLIES $ 5,000 $ 5,000 5101 DETECTIVE SUPPLIES $ 3,000 $ 3,000 5102 INVESTIGATION FEES $ 1,800 $ 1,800 5200 OPERATING SUPPLY $ 17,100 $ 17,600 5201 FUEL AND OIL $ 78,400 $ 79,083 5202 OPERATING SUPPLIES (TIRES) $ 9,500 $ 9,500 5203 UNIFORMS/PATCHES $ 18,100 $ 19,850 5400 BOOKS, PUBLICATIONS, ETC $ 2,500 $ 2,500 6400 EQUIPMENT ($750 OR MORE) 8300 IPUBLIC SERVICE GRANT 8301 JFDOT -Traffic Safety Grant TOTAL SUPPLIES AND OTHER SERVICES $ 387,208 $ 392,040 GRAND TOTAL FOR DEPARTMENT 1 $ 2,532,030 1 $ 2,553,469 $ 21,439 PROPOSED CHANGES Adding additional Certified Police Officer to accomadate 3 months of SRO services at OCA Adding 3 months opeerational and full Start up cost for SRO @ OCA Adding Laptop for SRO connection to SRO Administration (within Capital 304-521-6400) 2018-2019 July Amended Budget 16 of 26 City of Okeechobee PROPOSED AMENDED 2018/2019 BUDGET (JULY) General Fund - 001 DEPARTMENT: FIRE DEPARTMENT (0522) PERSONNEL COST: 2018/2019 2018/2019 CURRENT PROPOSED 1100 EXECUTIVE SALARIES $ 76,600 $ 76,600 1200 REGULAR SALARIES $ 720,100 $ 720,100 1201 HOLIDAY PAY $ 26,286 $ 26,286 1300 OTHER SALARY $ 12,425 $ 12,425 1400 JOVERTIME $ 40,500 $ 40,500 1401 OVERTIME PAY/ANNUAL & SICK $ 63,670 $ 63,670 1402 DISPATCHER OVERTIME $ 6,090 $ 6,090 1501 VOLUNTEERPAY $ 14,000 $ 14,000 1510 LONGEVITY/SERVICE INCENTIVE $ 1,250 $ 1,250 1540 CAREER EDUCATION $ 2,400 $ 2,400 2100 FICA $ 71,763 $ 71,763 2200 RETIREMENT $ 182,100 $ 182,100 2300 LIFE AND HEALTH INSURANCE $ 144,500 $ 144,500 2400 WORKERS COMPENSATION $ 46,870 $ 46,870 2500 UNEMPLOYMENT COMPENSATION TOTAL PERSONNEL COSTS: 1 $1,408,554 $1,408,554 2018-2019 July Amended Budget 17 of 26 City of Okeechobee PROPOSED AMENDED 2018/2019 BUDGET (DULY) General Fund - 001 DEPARTMENT: FIRE DEPARTMENT (0522) SUPPLIES & OTHER SERVICES 2018/2019 2018/2019 CURRENT PROPOSED 3100 PROFESSIONAL SERVICES (IMD) $ 7,800 $ 7,800 3102 PROF SERV (PHYS FOR SCBA) $ 3,500 $ 3,500 3103 WELLNESS PROGRAM (Gym) $ 3,000 $ 3,000 3400 OTHER CONTRACTUAL SERVICES $ 2,900 $ 2,900 4000 TRAVEL AND PER DIEM $ 3,200 $ 3,200 4100 COMM. & FREIGHT $ 20,000 $ 20,000 4300 UTILITIES $ 13,000 $ 13,000 4400 RENTALS AND LEASES $ 2,400 $ 2,400 4500 INSURANCE $ 33,865 $ 33,865 4600 R&M VEHICLES $ 33,160 $ 33,160 4609 R&M BUILDING & EQUIPMENT $ 33,575 $ 118,275 4700 PRINTING $ 600 $ 600 4901 EDUCATION $ 11,000 $ 11,000 4902 PUBLIC EDUCATION & FIRE PREY. $ 2,500 $ 2,500 4903 CODE ENFORCEMENT $ 1,100 $ 1,100 4905 TRAINING & MATERIALS $ 3,500 $ 3,500 4909 MISCELLANEOUS $ 400 $ 400 5100 OFFICE SUPPLIES $ 3,000 $ 3,000 5200 OPERATING SUPPLY $ 13,000 $ 13,000 5201 FUEL AND OIL $ 14,000 $ 14,000 5202 OPERATING SUPPLIES (TII2ES) $ 5,000 $ 5,000 5203 UNIFORMS/PATCHES $ 8,000 $ 8,000 5400 BOOKS, PUBLICATIONS, ETC $ 4,000 $ 4,000 6400 EQUIPMENT ($750 OR MORE) $ $ - TOTAL SUPPLIES AND OTHER SERVICES: $ 222,500 1 $ 307,200 84,700 84,700 GRAND TOTAL FOR DEPARTMENT $ 1,631,054 $ 1,715,754 $ 84,700 PROPOSED CHANGES 4609 Ladder Truck repairs as presented and estimated 2018-2019 July Amended Budget 18 of 26 ROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (JULY) General Fund - 001 DEPARTMENT: PUBLIC WORKS (0541) PERSONNEL COST: 2018/2019 2018/2019 CURRENT PROPOSED 1100 EXECUTIVE SALARIES $ 91,650 $ 91,650 1200 REGULAR SALARIES $ 385,800 $ 385,800 1300 OTHER SALARIES $ 36,700 $ 36,700 1400 OVERTIME $ 4,000 $ 4,000 1510 LONGEVITY/SERVICE INCENTIVE 2100 IFICA $ 37,800 $ 37,800 2200 RETIREMENT $ 49,900 $ 49,900 2300 LIFE AND HEALTH INSURANCE $ 99,400 $ 99,400 2400 WORKERS COMPENSATION $ 36,390 $ 36,390 2500 UNEMPLOYMENT COST $ 500 $ 500 TOTAL PERSONNEL COSTS: IS 742,140 $ 742,140 2018-2019 July Amended Budget 19 of 26 r�ROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (DULY) General Fund - 001 DF,PARTMF.NT- PTTRT.TC WORKC lOSd1) 2018/2019 2018/2019 CURRENT PROPOSED 3100 PROFESSIONAL SERVICES $ 5,000 $ 5,000 3400 OTHER CONTRACTUAL SERVICES 3401 GARBAGE COLLECTION FEE $ 376,900 $ 376,900 4000 TRAVEL AND PER DIEM $ 3,500 $ 3,500 4100 lCOMM. & FREIGHT $ 7,500 $ 7,500 4300 UTILITIES $ 18,500 $ 18,500 4400 RENTALS & LEASES $ 2,250 $ 2,250 4500 INSURANCE $ 34,830 $ 34,830 4600 R&M VEHICLES $ 8,500 $ 8,500 4605 R&M PARKS $ 7,500 $ 7,500 4609 JR&M BUILDING & EQUIPMENT $ 31,750 $ 31,750 4901 EDUCATION $ 5,000 $ 5,000 4909 MISCELLANEOUS $ 500 $ 500 5100 OFFICE SUPPLIES $ 1,000 $ 1,000 5200 OPERATING SUPPLY $ 8,000 $ 8,000 5201 jFUEL AND OIL $ 32,500 $ 32,500 5202 OPERATING SUPPLIES (TIRES) $ 3,500 $ 3,500 5203 UNIFORMS $ 6,750 $ 6,750 5204 DUMPING FEES $ 750 $ 750 5205 MOSQUITO CONTROL $ 6,000 $ 6,000 5400 BOOKS, PUBLICATIONS, ETC $ 200 $ 200 6300 JIMPROVEMENTS 6400 1EQUIPMENT ($750 OR MORE) TOTAL SUPPLIES AND OTHER SERVICES: $ 560,430 $ 560,430 GRAND TOTAL FOR DEPARTMENT $ 1,302,570 $ 1,302,570 2018-2019 July Amended Budget 20 of 26 ••r PROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (DULY) Public Facility Fund-301 Public Facility Fund (Transportation) 2018/2019 2018/2019 CURRENT 1PROPOSED1 F/Y BEGINNING FUND BALANCE $ 535,905 1 $ 535,905 REVENUES 301-313.4100 LOCAL OPTION GAS TAX $ 364,880 $ 364,880 301-313 4200 LOCAL ALTER, FUEL USER FEE $ 224,965 $ 224,965 301-335.1220 SRS EIGHT CENT MOTOR FUEL $ 64,225 $ 64,225 301-312.3000 NINTH CENT FUEL TAX $ 62,975 $ 62,975 301-335.4100 MOTOR FUEL TAX REBATE $ 1,200 $ 1,200 301-361.1000 SCOP Funding $ 177,537 $ 177,537 301-361.1000 INTEREST EARNINGS $ 9,000 $ 9,000 301-369.1000 MISCELLANEOUS TOTAL REVENUES 904,782 904,782 EXPENDITURES 301-549.3100 PUBLIC FAC.-PROFESSIONAL SER. $ 25,000 $ 25,000 301-549-3400 PUBLIC FAC. CONTRACTUAL SERVICE $ 66,000 $ 66,000 301-549-4300 PUBLIC FAC. UTILITIES $ 48,300 $ 48,300 301-549-4609 REPAIR & MAINTENANCE $ 50,000 $ 50,000 301-549-4909 MISC-PARK HOLIDAY LIGHTS $ 12,500 $ 12,500 301-549-5300 PUBLIC FAC. ROAD & MATERIALS $ 67,500 $ 67,500 301-549-6300 PUBLIC FAC. IMPROVEMENTS $ 135,000 $ 135,000 301-549-6301 SCOP IMPROVEMENTS $ 177,537 $ 177,537 301-549.6302 PUBLIC FAC. BEAUTIFICATION $ 10,000 $ 10,000 301-549.6400 IPUBLIC FAC. MACHINERY & EQUIP $ 89,500 $ 89,500 TOTAL EXPENSES $ 681,337 1 $ 681,337 Transfer to General Fund 1 $ 350,000 1 $ 350,000 F/Y ENDING FUND BALANCE $ 409 3501 $ 409,350 2018-2019 July Amended Budget 21 of 26 a City of Okeechobee PROPOSED AMENDED 2018/2019 BUDGET JULY CAPITAL PROJECTS IMPROVEMENTS 2018/2019 1 2018/2019 CURRENT PROPOSED F/Y BEGINNING FUND BALANCE $ 4,344,644 $ 4,344,644 REVENUES 304-383.0000 1000 .1000 DISPOSITION OF FIXED ASSETS $ 225,000 $ 225,000 INTEREST EARNINGS $ 1,500 $ 1,500 MISCELLANEOUS TOTAL REVENUES1 $ 226,500 1 $ 226,500 304-549-3100 Professional Services 304-529-4600 REPAIR & MAINTENANCE 304-513-3100 Professional Services 304-512-6400 ADMINISTRATION CAPITAL 304-513-6400 FINANCE CAPITAL 304-519-6400 GENERAL SERVICES CAPITAL 304-521-6400 LAW ENFORCEMENT CAPITAL 304-522-6400 FIRE PROTECTION CAPITAL 304-522-6401 FIRE PROTECTION CAPITAL 304-536.6400 SEWER/WASTEWATER 304-541-6400 PUBLIC WORKS CAPITAL 304-549-6401 PARKS CAPITAL IMPROVEMENT 304-549-6402 MEDIAN REPLACEMENT & ROW 304-549.6403 TREE PROGRAM 304-584.6400 FUTURE CAPITAL PROJECTS 304-2512-6400 CLERK CAPITAL 304-584.7100 PRINCIPAL 304-584.7200 INTEREST TOTAL EXPENDITU (OTHER REVENUES AND TRANSFER IN I F/Y ENDING F $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 9,500 $ 9,500 $ 12,000 $ 12,000 $ 1,500 $ 1,500 $ 37,500 $ 37,500 $ 349,146 $ 350,646 $ 73,200 $ 73,200 $ 41,500 $ 41,500 $ 53,000 $ 53,000 $ 10,000 $ 10,000 $ 15,000 $ 15,000 $ 8,000 $ 8,000 $ 660,346 $ 661,846 $ 1,500 Other Grants - Transfer In 1 $ 171,120 $ 171,120 TOTAL TRANSFER INS $ 171,120 IS 171,120 TRANSFER OUT TO Other Funds $ - $ TRANSFER OUT TO GENERAL FUND $ 845,215 $ 845,215 TOTAL TRANSFER OUT $ 845,215 $ 845,215 ASSIGNED FUND BALANCE TOTALASSIGNED FUND BALANCE $ - $ [JND BALANCE $ 3,236,703 $ 3,235,203 2018-2019 July Amended Budget 22 of 26 512-6400 512-6400 512-6400 513-6400 513-6400 519-6-100 519-6401) -6400 521-6400 522-6400 522-6400 549-6403 549-6403 541-6400 541-6400 541-6401 541-6401 541-6402 541-6402 ?512-6400 ZS12-6400 City of Okeechobee PROPOSED AMENDED 2018/2019 BUDGET (JULY) Capital Projects Improvements Specific Projected cost/estimates Video recording system $3,000.00 Adminstration desk, credenza, conference table, chairs. $9,000.00 Admin Admin Subtotal $12,000.00 Finance Replacement plan for Computers $1,500.00 Finance Fin, Subtotal! $1,500.00 General Services Interior doors @ CH (Fin & GS) $3,000.00 New Roof over back porches @ CH No. and So. $221000.00 HID Security Lock System $12,500.00 General Services 6S Subtotal $37,500.00 Police Equipment for new cars including striping, etc. $44,000.00 12 Replacement Police vehicles $276,000.00 1 - Radar $2,200.00 Computers and related equipment $7,500.00 1 - Tasers $1,340.00 HID Security Lock System $7,606.00 Evidence Processing Program $10,500.00 Police PD Subtotal $349,146.00 Fire Opti-Com-Equipment in trucks for the emergency lights $21,000.00 SCBA Bottle Replacements $11,000.00 SCBA Harnesses w $5,000.00 A./C Unit(upstairs) wiw $10,000.00 Washer replacement $1,000.00 Chairs for training room` $1,200.00 Replacement AED Unit $1,500.00 6 - Sets of Bunker Gear $18,000.00 Ice Machine -Replace with larger capacity $4,500.00 Fire Fire Subtotal $73,200.00 Public Works Tree Program $15,000.00 Public Works PW Trees Subtotal $15,000.00 Public Works Backup Generator for PW Facility $40,000.00 GFS data colleciton unit $1,500.00 Public Works PW Subtotal $41,500.00 Parks Centennial Park - Solar Area Lights (12) $6,000.00 Centennial Park-Chckee Huts (4) $20,000.00 Centennial Park -Picnic Tables (5) $5 000.00 Centennial Park -Playground Equipment i $10,000.00 Centennial Park - Landscaping $10,000.00 Concrete for pads I $2,000.00 Parks Parks Subtotal'; $53,000.00 Median Rep Median Replacement & Right of Way Med Replacement Med Repi Subtotal Clerk Replacement Scanner for Laser Fiche Clerk Clerk Subtotal. $10,000.00 $10,000.00'i $8,000.00 $8,000.00 2018-2019 July Amended Budget 23 of 26 ` City of Okeechobee PROPOSED AMENDED 2018/2019 BUDGET (DULY) Other Grants RECAPITULATION - REVENUE & EXPENSES 2018/2019 2018/2019 CURRENT PROPOSED F/Y BEGINNING FUND BALANCE $ 37.490 $ 37.490 REVENUES 302-331.3903 302-331-3904 302-331.3905 302-361.1000 302-381.0000 302-381,0000 TMDL Grant Storrawater Drainage Grant $ 183,630 $ 183,630 Section 319 Grant Interest Earnings TRANSFER -IN -CAPITAL, ASSIGNED FUNDS TRANSFER IN -CAPITAL FUND RESERVES TOTAL REVENUES $ 183,630 $ 183,630 EXPENDITURES 302-2552.3100 302-2552.3200 100 PROFESSIONAL SERVICES ADMINISTRATIVE SERVICES TEMPORARY RELOCATION HOUSING REHAB DEMO/REPL/RELOC MISCELLANEOUS MISCELLANEOUS - BANKING EXP PROFESSIONAL SERVICES ADMINISTRATIVE SERVICES MISCELLANEOUS STREET IMPROVEMENTS/ADDITIONS INFRASTRUCTURE IMPROVEMENTS $ 50,000 $ 50,000 Park and Canal Improvements TOTAL EI(PENSES1 $ 50,000 1 $ 50,000 Return General Fund Loan $ 171,120 $ 171,120 F/Y ENDING FUND BALANCE 1 $ $ DUE TO GENERAL FUND 2018-2019 July Amended Budget 24 of 26 City of Okeechobee s �•• +PROPOSED AMENDED 2018/2019 BUDGET (JULY) Appropriations Grant RECAPITULATION - REVENUE & EXPENSES REVENUES 307-334.3900 307-361.1000 307-381.0000 Appropriation Funds $ 209,000 $ 209,000 Interest Earnings $ - $ TRANSFER IN -CAPITAL FUND RESERVES $ - $ - TOTAL REVENUES $ 209,000 $ 209,000 EXPENDITURES 307-559.3100 307-559.3102 307-559.4909 307-559.6300 PROFESSIONAL SERVICES -Engineering Services PROFESSIONAL SERVICES -Grant Admin $ - $ - ADMINISTRATIVE SERVICES $ 1,000 $ 1,000 STREET IMPROVEMENTS/ADDITIONS $ 209,000 $ 209,000 TOTAL EXPENSES1 $ 210,000 1 $ 210,000 F/Y ENDING FUND BALANCE I $ $ DUE TO GENERAL FUND 2018-2019 July Amended Budget 25 of 26 = ROPOSED City of Okeechobee AMENDED 2018/2019 BUDGET (DULY) LAW ENFORCEMENT SPECIAL FUND RECAPITULATION - REVENUE & EXPENSES 2018/2019 2018l2019 CURRENT PROPOSED F/Y BEGINNING FUND BALANCE $ 3,220 $ 3,220 REVENUES 601-351.1000 601-351.2000 601-354.1000 601-361.1000 601-369-1000 CONFISCATED PROPERTY FINES LOCAL ORD. VIOL. $ 500 $ 500 INTEREST EARNINGS MISCELLANEOUS TOTAL REVENUE $ 500 Is 500 EXPENDITURES 601-529.4909 601-529.5200 601-549.6300 601-549.6400 LAW ENF. SPECIAL MISC. 1 $ 1,000 $ 1,000 LAW ENR SPECIAL EDUCATI $ 500 $ 500 LAW ENF. SPECIAL IMPROVEMENT LAW ENF. SPECIAL MACH & 1 $ 2,000 $ 2,000 TOTAL EXPENDITURES 1 3,500 3,500 F/Y ENDING BALANCES I $ 220 1 $ 220 2018-2019 July Amended Budget 26 of 26 w CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Phone: (863) 763-33 72 www.cityofokeechobee.com MEMORANDUM Exhibit 21 July 16, 2019 Okeechobee City Council Mayor Dowling R. Watford, Jr. Wes Abney Monica Clark Bob Jarriel Bobby Keefe TO: Mayor Watford and City Council FROM: Marcos Montes De Oca, P.E., City Adminis?ra Re: City Administrator Supplemental Salary Con Data & Key Points DATE: June 26, 2019 Please add the following supplemental information for the July 16, 2019 City Council Meeting. The corresponding Administration contract will be presented at the meeting as an exhibit, pending Legal review and sufficiency. Based upon the 2017 League of Cities data for city administrators I have compiled the following in support of my salary increase for the upcoming contract. I have sorted the data in several ways to ensure questions are answered in both the local, regional and state levels to ensure completeness. Please note, locally in the Lake Okeechobee area, new appointments and/or raises have been given, but not included in this data set. State of Florida Level Overage state average for all cities - populations 8 to 467,872 = $117,942.52 Average city administrator in cities populations 4500 to 6500 = $122,152.43 Regionally with Treasure Coast Average Salary in Treasure Coast none -removed = $130,981.79 Same as above with Moore Haven and Belle Glade removed (low / high) = $123,727.24 Locally with areas in Heartland and Surrounding Lake Okeechobee Average salary none -removed = $136,475.00 Same as above with Moore Haven and Belle Glade removed (low / high) = $112,950.00 All above numbers are 2017 averages, correcting for 2019-2020 is approximately 5% in addition and does not include recent positions or new hires. Proposed salary is approximately under state average and consistent with local area, not including engineering services I currently provide. Key items completed within the past four years: - City is operating within its budget operationally without use of reserves, first time in over a decade. Budget year 2017-2018 — Approximately $160k. - Saved approximately $75k-$80k on Construction plan preparation, engineering consulting and engineering construction oversite, not including day to day repair items and upcoming plans. Review of all TRC items from drainage and engineering perspective without separate contract or Planning review Sub -Contract. - Cohesive relationship with County from not only administration but to all departments from Public Works, Fire, but also Police Department. Changed investment usage of our reserve to now provide a revenue of at least $125,000 per year - Numerous projects to bring city "up to date" from computers, to dispatch to our developmental philosophies to increase revenues and providing more city amenities. - City has worked with other agencies to secure approximately $2M in grants and facilities. - Worked with FDOT to have signal approved at North 9th, to be funded fully by FDOT. - Involvement into the community through projects and volunteering - No longer learning on the job, have experience as an Administrator 2017 Data Populations from 4500 - 6500 Municipality County Population Salary Flagler-Bea ch Flagler,Volusia 4,685 $120,000.00 Davenport Polk 4,946 $85,000.00 Bel Ieview Marion 4,979 $112,785.00 Wauchula Hardee 5,172 $100,610.00 South Bay Palm Beach 5,215 $107,900.00 Indiantown Martin 5,457 $125,000.00 DeFuniak Springs Walton 5,471 $80,000.00 Fellsmere Indian River 5,483 $140,600.00 Starke Bradford 5,520 $70,000.00 Okeechobee Okeechobee 5,566 $87,721.66 Mascotte Lake 5,623 $118,102.00 Tequesta Palm Beach 5,731 $190,858.00 Fort Meade Polk 5,736 $100,000.00 Surfside Miami -Dade 5,814 $169,744.00 Bay Harbor Islands Miami -Dade 5,826 $172,578.90 Pahokee Palm Beach 5,889 $118,000.00 Lake Alfred Polk: 5,903 $107,145.00 Newberry Alachua 5,907 $114,109.00 High Springs Alachua 6,023 $90,000.00 Lauderdale -By -The -Sea Bro%vard 6,175 $168,000.00 Islamorada, Village of Islands Monroe 6,326 $146,450.00 Fort Myers Beach Lee 6,328 $162,750.00 2017 Data Regional and Lake Okeechobee Area Municipality County Population Salary Indiantown Martin 5,457 $125,000.00 Sewall's Point Martin 2,044 $102,000.00 Stuart Martin 16,183 $137,500.00 Belle Glade Palm Beach 17,290 $235,000.00 Pahokee Palm Beach 5,889 $118,000.00 South Bay Palm Beach 5,215 $107,900.00 Port St. Lucie St Lucie 181,284 $199,120.22 Clewiston Hendry 7,659 $104,563.68 Sebring Highlands 10,993 $95,734.00 Moore Haven Glades 1,747 $85,000.00 MU+(an0 ; jiSfY� CITY OF OKEECHOBEE, FLORIDA CITY ADMINISTRATOR EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, (hereinafter referred to as "Agreement"), is by and between the City of Okeechobee, Florida, (hereinafter referred to as "CITY") a Municipal Corporation existing under the laws of the State of Florida, whose address is 55 Southeast 3rd Avenue, Okeechobee, Florida 34974; and MARCOS MONTES DE OCA, hereinafter referred to as "CITY ADMINISTRATOR", whose address on the date of execution is: PO Box 1001 Okeechobee, Florida 34973. WITNESSETH: WHEREAS, the CITY desires to employ MARCOS MONTES DE OCA as CITY ADMINISTRATOR, as provided for in the Code of Ordinances for the CITY; and WHEREAS, the CITY, through the City Council, desires to provide certain benefits and compensation, to establish certain conditions of employment, and to set working conditions applicable of the CITY ADMINISTRATOR; and WHEREAS, MARCOS MONTES DE OCA desires to accept the employment offer to serve as CITY ADMINISTRATOR; and WHEREAS, the CITY and CITY ADMINISTRATOR have negotiated the terms of said employment which are set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and consideration herein contained, the CITY and the CITY ADMINISTRATOR hereby agree as follows: SECTION 1: EMPLOYMENT A. The CITY hereby hires and appoints MARCOS MONTES DE OCA as its CITY ADMINISTRATOR, under the terms established herein, to perform the duties and functions specified in the CITY'S Charter, Code of Ordinances, Personnel Policies and Procedures, and other controlling law, and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Considering this, MARCOS MONTES DE OCA agrees to accept and to diligently perform such duties. SECTION 2: EFFECTIVE DATE This Agreement shall be effective as of October 1, 2019. Page 1 of 8 SECTION 3: TERM A. The initial term of this Agreement shall commenc provided in Section 2 herein, and be for a perio d B. This Agreement may renew for a period of five (5) years after the initial term, upon majority vote of the City Council or extended with approvals of both parties within the contract period. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the CITY to terminate the services of the CITY ADMINISTRATOR at any time, subject only to the provision set forth in this Agreement and in the City Code of Ordinances. D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the CITY ADMINISTRATOR to resign at any time from the position of CITY ADMINISTRATOR subject only to the provision set forth in this Agreement. SECTION 4: SALARY AND EVALUATION A. For the performance of services pursuant to this Agreement, the CITY agrees to pay the CITY ADMINISTRATOR an annual base salary of as per the table below based upon each year under this agreement, payable in installments at the same time as other CITY employees are paid, subject to standard tax and benefit deductions. Year 1 - City Fiscal Year 2019 - 2020 $115,500 Year 2 - City Fiscal Year 2020 - 2021 $120, 000 Year 3 - City Fiscal Year 2021 - 2022 $122,500 Year 4 - City Fiscal Year 2022 - 2023 $125, 000 Year 5 - City Fiscal Year 2023 - 2024 $128, 000 B. The CITY ADMINISTRATOR is subject to an evaluation of their performance at least once annually, to be completed by the City Council by June 1 of each year. C. Upon the annual employment anniversary date, and receiving a satisfactory evaluation score, the CITY ADMINISTRATOR shall be entitled to a longevity salary increase as provided for all other full-time employees. D. The City Council, in its sole discretion upon receipt of an unsatisfactory evaluation, may extend to the CITY ADMINISTRATOR a period of sixty (60) days to improve their performance prior to terminating this contract for cause. E. The CITY ADMINISTRATOR is entitled to receive any annual across the board and/or cost of living salary increases that may be approved by the City Council as provided for all other full-time employees. Page 2 of 8 F. Nothing in this Section shall require the CITY to increase the base salary or other benefits of the CITY ADMINISTRATOR. Furthermore, the City's failure to conduct any of the scheduled evaluations shall not constitute non-compliance with a material provision of this Agreement. SECT'M 5: DUTIES AND OBLIGATIONS. A. The CITY ADMINISTRATOR shall have the duties, responsibilities and powers of said office as provided in the Code of Ordinances, and Job Description, Attached hereto as Exhibit 1. The CITY ADMINISTRATOR agrees to perform all duties and responsibilities faithfully, industriously, and to the best of their ability and in a professional and competent manner. Further agrees and understands they are to attend all City Council Meetings and Workshops, preside as Chair over the Technical Review Committee meetings, and attend Planning Board/Board of Adjustment/Design Review Committee meetings (as necessity requires), as well as others that are appointed by the City Council from time to time. B. The CITY ADMINISTRATOR agrees that they are properly classified as Exempt for purposes of the Federal Fair Labor Standards Act. It is recognized that the CITY ADMINISTRATOR will frequently work hours outside the normal work day, of 8:00 a.m. to 4:30 p.m., but "full-time" employment as used in this Agreement means a minimum of a 40-hour week, and the normal hours of the CITY ADMINISTRATOR will be from 8:00 a.m. to 4:30 p.m. Monday through Friday. C. The CITY ADMINISTRATOR and the CITY agree that in all events, the CITY ADMINISTRATOR shall devote such time as necessary to competently and professionally undertake and complete their duties, which may include being called out after hours or on weekends for emergency situations. D. The CITY ADMINISTRATOR shall be a full-time employee of the CITY and shall devote all such time, attention, knowledge and skills necessary to faithfully perform their duties under this Agreement. The CITY ADMINISTRATOR may, however, engage in educational, lecturing and professional activities and other employment activities upon receipt of approval by the City Council, provided that such activities or employment do not create a conflict of interest with the CITY or it officials. A "conflict of interest" shall be defined as set forth in Chapter 112, Florida Statutes, as a violation of CITY policies, or as any employment, consultant work, or other professional activity that will be inconsistent with the duties of CITY ADMINISTRATOR, or that is contrary to the interests of the CITY. E. In the event the CITY ADMINISTRATOR shall serve on any appointed boards or elected boards of any professional organization, or serve on any committees related to their professional activities, in the event any monies are paid, or gifts received, by the CITY ADMINISTRATOR related to such service, such money or property shall be paid over to or delivered to the CITY, unless otherwise reported or provided by the State of Florida Ethics Laws on gifts. Page 3 of 8 F. The CITY recognize; the desirability of representation in and before local civil and other organizations, and encourages the CITY ADMINISTRATOR to participate in these organizations to foster a continuing awareness of the CITY'S activities as well as the community's attitudes and ideas. G. The CITY recognizes that the CITY ADMINISTRATOR is a licensed professional engineer (PE 63897) in the State of Florida, and owns a private firm engaged in that work, MDO Engineering, Inc. While employed at the CITY, the CITY ADMINISTRATOR shall not perform engineering services as MDO Engineering Inc. for private clients during normal work hours while at the CITY. If engaged in engineering services for private clients, that work shall not conflict with the role of CITY ADMINISTRATOR at the CITY, nor shall such engineering services, plans or certifications be placed before any citizen boards at the CITY for plan approval. This provision shall not prevent CITY ADMINISTRATOR from performing engineering services for the benefit of a project on behalf of the CITY, but such engineering) services shall be provided to CITY without additional compensation other than that set out herein. H. In as much as CITY ADMINISTRATOR will be an active full member of International City/County Management Association (ICMA), the "Code of Ethics" promulgated by ICMA, as well as the provisions of the Florida Commission on Ethics are incorporated herein, and by this reference made a part hereof. CITY ADMINISTRATOR shall follow these principles to govern his conduct and actions as CITY ADMINISTRATOR at all times. Further, CITY ADMINISTRATOR shall familiarize himself with other applicable laws in Florida that may concern his actions and conduct, including but not limited to Sunshine laws and laws concerning receipt of gifts. SECTION 6: BENEFIT§. A. All benefits available to every employee as set out in the Personnel Policies and Procedures Employee Benefits and Leave Benefits Chapters as written, or as from time to time amended by the City Council. 1. Annual Leave — CITY ADMINISTRATOR shall accrue 10.7 hours per month of annual leave per year, accrued in accordance with CITY policy. B. The CITY shall provide in its sole discretion a suitable late model automobile for the use by the CITY ADMINISTRATOR to conduct CITY business, which shall include insurance, maintenance, and fuel. Said vehicle may be used by the CITY ADMINISTRATOR for travel to and from their Okeechobee residence, all CITY business and travel as required to perform their duties, including use to seminars, training, ccnventions, meetings with CITY consultants and other locations and/or events deemed appropriate by the CITY ADMINISTRATOR. C. The CITY ADMINISTRATOR shall be provided an office, and clerical support and such other facilities and supplies suitable to the position, and adequate for the performance of all required duties. Page 4of8 D. The CITY shall provide the CITY ADMINISTRATOR with a cellular phone allowance of $100.00 per month to compensate them for the business use on their personal cellular phone. E. The CITY agrees to provide the CITY ADMINISTRATOR annual health, long term disability and life insurance, which does not include coverage for spouse or dependents, but which may be obtained at additional cost to the CITY ADMINISTRATOR should it be selected. Such coverage will be effective upon employment. F. The CITY agrees to pay the professional dues for membership of the CITY ADMINISTRATOR to the Florida League of Cities, the Florida City and County Managers Association (FCCMA); ICMA; and Florida Engineering Society (FES). The CITY shall pay other dues and subscriptions on behalf of the CITY ADMINISTRATOR as are approved in the CITY'S annual budget (on a line item basis) or as authorized separately by the City Council. G; The CITY ADMINISTRATOR is entitled and encouraged to participate in such General Employees Pension Plan as may be in effect within the CITY or as amended. Alternatively, the CITY ADMINISTRATOR may elect to seek to join a deferred compensation plan, such as the International City Management Association Retirement Corporation (ICMA-RC) plan, which satisfies Federal Internal Revenue Sen✓ice deferred compensation plan requirements. If the CITY ADMINISTRATOR desires to join such a deferred compensation plan or other qualifying plan, upon reasonable right of review and approval by the CITY which shall not unreasonably be withheld, the CITY shall pay into such plan the same amount or percentage as the CITY would pay into the CITY ADMINISTRATOR'S General Employee Pension Plan by payment of such amount into a deferred compensation plan, this negates the CITY'S responsibility to pay into the General Employee Pension Plan. H. The CITY ADMINISTRATOR is entitled to attend, without prior approval of the CITY, all Florida League of Cities annual convention/meetings; ICMA meetings; FCCMA meetings; FiES meetings, and other similar professional meetings, located within the State of Florida. Any out of State meetings must be approved by the City Council in advance. All payments made under this section shall be on a reimbursable basis; provided that receipts and other sufficient documentation have been submitted to the CITY. Mileage, meals and hotel reimbursement shall be at the rate consistent with Section 112.061 Florida Statutes. SECTION 7: INDEMNITY. The CITY agrees to indemnify, defend and hold harmless CITY ADMINISTRATOR from any and all claims that may arise out of CITY ADMINISTRATOR'S employment with CITY acting in his role as CITY ADMINISTRATOR; Provided that he is acting within the scope, terms and conditions of his employment. While acting in that capacity, the CITY shall provide insurance coverage to protect and defend CITY ADMINISTRATOR from Page 5 of 8 and against tort, professional liability claims, including for engineering services provided to the CITY, claims of demand or other legal action, whether groundless or otherwise, which arises out of an alleged act or omission occurring in the performance of CITY ADMINISTRATOR duties, unless he acted in bad faith with malicious purpose, or in a manner which exhibits wanton and willful disregard of human rights, safety or property. That CITY shall not be responsible or liable ADMINISTRATOR committed while acting oL agreed duties and job description, or any professional engineer. In such instance, CITY the CITY for any legal fees and expenses connection with the charged conduct. for the acts or omissions of CITY tside the course and scope of his services provided to CITY as a ADMINISTRATOR shall reimburse incurred for or on his behalf, in That all of these mutual obligations shall extend beyond the termination of his employment at CITY so long as the claim arose while employed. The CITY may compromise and settle any such claim or suit, without consent or further involvement of CITY ADMINISTRATOR. Nothing herein shall be construed to be a waiver or extension of the sovereign immunity limitations of liability possessed by CITY by state or federal law. SECTION H: RESIDENCE. As a condition to this employment, the CITY ADMINISTRATOR shall maintain his primary residence within Okeechobee County, Florida. SECTION 9: TERMINATION AND SEVERANCE. A. This contract of employment contemplates that the term of employment is for 5 years, and that either party may elect to not renew the term of employment by providing ninety (90) clays' notice prior to the ending date of the contract. In the event the CITY were to terminate employment of the CITY ADMINISTRATOR at any other time during the contract period without cause, the CITY ADMINISTRATOR shall be entitled to receive severance pay, which shall be: Severance pay shall be ninety (90) days of CITY ADMINISTRATOR base annual salary, 100 percent of accrued annual leave up to 240.0 hours, and 100 percent of accrued sick leave. In the event the CITY ADMINISTRATOR is terminated for cause; leaves employment in violation of the notice requirements of this contract; or there is not a renewal of the contract, then all rights to severance pay (minus the accrued annual and sick leave above) are forfeited. All other accrued and unused benefits shall be paid to the CITY ADMINISTRATOR regardless of the manner of separation, as previously set forth. The City Council reserves the right to waive strict compliance to this section upon just cause, as determined solely within the discretion of the City Council with pay, however all accrued earned benefits during employment as well and vested pension are to remain intact. Page 6 of 8 B. This Agreement may be terminated by the CITY at any time for cause upon 3/5 affirmative vote of the City Council. The term "cause" shall be defined from time to time as set forth under then current Florida law; and may include, but not be limited to, a violation of any duty or contractual agreement set forth herein, any ground set forth in the Personnel Policies and Procedures Employee Relations Chapter, and in all events the failure of the CITY ADMINISTRATOR to perform any of the duties as provided and required by this agreement. Termination without cause shall require a 4/5 affirmative vote of the City Council, as provided by ordinance. C. Upon a termination for cause or without cause, the employment shall be considered terminated as of the time of the vote, and no further notice of intent to terminate shall be required to be provided to the CITY ADMINISTRATOR. D. In the event of termination for cause, the CITY ADMINISTRATOR shall receive no severance or dismissal benefit or any other benefit other than earned and unused annual or compensation as permitted for unused sick leave or annual leave as set out in the Personnel Policies and Procedures Leave Benefits Chapter as written or hereafter as amended. E. The CITY shall have the right for cause as defined, to suspend the CITY ADMINISTRATOR with or without pay, for his actions or inactions. Additional grounds for suspension shall include arrest or information against the CITY ADMINISTRATOR charging them with a felony, or any other crime involving moral turpitude. The decision to suspend the length of suspension may be solely and immediately by the Mayor, but shall be affirmed or denied by majority vote of the City Council at the next regular meeting or a special meeting. SECTION 11: GENERAL PROVISIONS A. If any article or part thereof contained herein is held to be unconstitutional, invalid, or unenforceable, it shall be deemed severable, and the remainder of this Agreement shall not be affected and shall remain in full force and effect. B. The foregoing sets out the full understanding of the parties, subsumes any and all oral understandings or representations of the parties, and shall not be hereafter altered or amended except by further written agreement signed by all parties. C. The CITY ADMINISTRATOR expressly acknowledges that they have read and voluntarily signed this Agreement, and agrees that no oral agreements or representations; other written promises; side agreements or assurances or other inducements have been made by the CITY, its officials, employees or agents, other than what is specifically contained within the four corners of this written Employment Service Agreement. Further, the CITY ADMINISTRATOR acknowledges that this Agreement has been fully reviewed by him; that it is completely understood; that he has consulted with private counsel or had the opportunity to do so and voluntarily opt not to do so. Page 7 of 8 D. The parties hereto mutually renounce any rights or claim they may have against the other by agreement or by any statute to claim or collect attorney's fees from the other for claims or litigation arising out of the interpretation or enforcement of this Agreement. E. This Agreement shall be construed according to the laws of the State of Florida; and for any claim, action or suit, the parties stipulate that venue therefore shall be at all times Okeechobee County, Florida. F. The CITY ADMINISTRATOR understands and agrees, that for any decision permitted herein by the CITY as it pertains to the performance, suspension, or continued employmenit of the CITY ADMINISTRATOR, it is strictly and absolutely within the sole complete discretion of the City Council, and that CITY ADMINISTRATOR covenants and agrees that he absolutely waives, and shall not challenge the exercise of such discretion in any claim, demand, action, suit or proceedings brought by the CITY due to such decision. IN WITNESS THEREOF, the parties have made and executed this Agreement of the respective dates under such signature below, including that of the City of Okeechobee, Florida, acting by and through its City Council, and Mayor who is authorized to execute this agreement on behalf of the CITY, as attested by the City Clerk. As to the CITY: Dowling R. Watford Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Approved by City Council: As to the CITY ADMINISTRATOR: Marco Aontes De Oca, P.E. Ddte: i Page 8 of 8