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Home My WebLink About03282001H~ OF PEUCAN ISLAND CITY COUNCIL REGULAR MEETING AGENDA PACKET WEDNESDAY MARCH 28, 2001 7:00 PM MEMORANDUM DATE: TO: FROM: RE: March 26, 2001 Mayor Barnes and City Council Members Sally A. Maio ~ City Clerk ~" Councilmember Majcher Excused Absence from 3128/01 Meeting Councilmember Majcher has requested an excused absence from the March 28, 2001 Regular City Council Meeting. cc: City Manager City Attorney HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 28, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-gg-21) 1, CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Ellie Lea - First Presbyterian Church - Sebastian 4, ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) /terns not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation - National Public Works Week - American Public Works Association Florida Chapter - Public Works Director Accepting B, Proclamation - Confederate History Month - Sons of Confederate Soldiers - Florida Cow Calvary Camp 1680 - Commander Gene Lee Accepting C. Proclamation - Sebastian River High School Band 01.079 D. Sebastian River Area Chamber of Commerce Executive Director Beth Perez - Planning Logistics for Pelican Island Centennial Celebration (No Backup) 7, CITY ATTORNEY MATTERS 01.080 01.081 01.082 1-12 13-20 01.018 21-28 01.083 29-30 01.084 31-48 11. A. Report on Vicious Dogs as Requested at 3/14/01 (No Backup) CITY MANAGER MATTERS A. Report on Publix Landscaping (No Backup) CITY CLERK MATTERS CITY COUNCIL MATTERS Mayor Barnes 1. Appointment of City Council Liaisons to Indian River and Various Governmental Boards (City Clerk Transmittal 3721/01, Liaison List) B. Vice Mayor Bishop C. Mr. Barczyk D. Mr. Hill E. Mr. Majcher CONSENT AGENDA All items on the consent agenda ara considerad routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so raquests; in which event, the item will be ramoved and acted upon separately. A. Approval of Minutes - 3/14/01 Regular, 3/19/01 Special Waive Competitive Bid Procedures and Authorize Fourth of July Fireworks Three Year Contract Award to Melrose Pyrotechnics, Inc. in the Amount of $12,500 Per Year with 10% Bonus for Third Year (General Services Administrator Transmittal) Authorize Purchase of Three Decatur Gemini In-Car Video Systems from Law Enforcement Supply Company, Inc. in the Amount of $11,985 ($11,081 from Local Law Enforcement Block Grant) and Installation by Sonic Sounds, Inc. in the Amount of $296 (Police Transmittal, Photo) Resolution No. R-01-25 - Vacation of Easement - Century 21 Professionals Office Building - Lots 1, 2, 3, Block 185, Sebastian Highlands Unit 8 (Growth Management Transmittal 3/21/01, R-01- 25, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1, 2, AND 3, BLOCK 185, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 01.078 49-52 12. PUBLIC HEARING Procedures for public headngs: (R-99-21) · Mayor Opens Hea~ng · Attomey Reads Ordinance or Resolution o Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hea~ng · Council Action Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Public Hearing and Final Adoption of Ordinance O-01-06 - Repealing O-99-38 Police Pension Amendment (City Clerk Transmittal, 0-01-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, REPEALING ORDINANCE NO. 0-99-38; (POLICE PENSION MODIFICATIONS) PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS. 01.085 53-58 Bo First Reading and First Public Hearing on Ordinance No. O-01-07 - Land Development Code Text Amendment - Change in Permitted Use - Schedule Second Public Hearing and Final Adoption for 4/11/01 (Growth Management Transmittal 3/21/01, O-01-07, Realty King Letter, Location Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.3.2 COMMERCIAL LIMITED DISTRICT (CL), CONDITIONAL USES AND 54-2-6.4 SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE PROVIDING LIMITED AVAILABILITY OF TWELVE RESIDENTIAL UNITS PER ACRE; PROVIDING FOR REPEAL OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 01.086 59-64 First Public Hearing on Florida Department of Community Affairs Small Cities Community Development Block Grant - Second Public Hearing 4/25/01 (Public Hearing Ad) Receive Citizen Input on the Community's Economic and Community Development Needs Fair Housing Workshop to Explain Fair Housing Ordinance (Fair Housing Ad) Resolution No. R-01-23 - Authorizing the City Manager to Apply for Grant Funding from State of Florida Small Cities Community Development Block Grant Program for Necessary Physical Improvements to City's Low to Moderate Areas (City Manager Transmittal 3/22/01, R-01-23) Citizens Advisory Task Force - Request for City Council Appointee Names by April 11, 2001 13. 14. 01.087 65-68 15, 01.025 16. 01.088 69-108 01.011 109-113 01.089 115-119 01.090 121-122 01.091 123-128 01.092 129-155 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign.up required, limit of ten minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS Budget Advisory Review Board 1. Request for City Council Appointee Names by April 11, 2001 (City Clerk Transmittal 3/21/01, Current Member List, Code Language) OLD BUSINESS A. Water Restriction (No Backup) NEW BUSINESS Resolution No. R-01-24 - Communications Workers of America/Collective Bargaining Agreement - 4/01/01 - 09/30/03 (City Manager Transmittal 3/22/01, R-01-24) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE COLLECTIVE AGREEMENT WITH BARC-.-.-.-~INING UNIT OF THE CWA FOR TWO AND ONE-HALF YEAR PERIOD; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-21 - Establishing Rates and Hours of Operation for Skate Park Facility (Finance Transmittal 3/20/01, R-01-21, Example of Fee Schedule and Waiver, Example of Punch Card) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO HOURS OF OPERATION AND FEES AT THE SKATE PARK FACILITY; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. Resolution No. R-01-22 - Authorize City Manager to Execute Joint Participation Agreement (JPA) for Construction of a Maintenance Facility and Purchase of Equipment for Sebastian Municipal Airport (City Manager Transmittal 3/20/01, R-01-22) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO EXECUTE PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Approve Purchase of Tractor and Cutter from John Deere in the Amount of $40,760.70 from State Contract with 80% Funding from FDOT (Airport Transmittal 3/22/01, Quote on State Contract Price) Waive Bidding Process and RLS Lighting of Hollywood, FL Install Lighting for Four New Tennis Courts at Schumann Tennis Park for $26, 817 (Parks Transmittal 3/22.~1, Quotes, Park Superintendent Memo) First Reading of Ordinance No. O-01-08 - Amending Chapter 30, Article II Licensing (Finance Transmittal 3/20/01, O-01-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FORAN EFFECTIVE DATE. 4 17. ADJOURN (AII meetings shall adjoum at lO:3O p. m. unless extended for up to one haff hour by a majo~fty vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for ail Government Meetings, Upcomin.q Meetin~Qs: · Regular Meeting- Wednesday, 4/11/01 - 7pm · Regular Meeting- Wednesday, 4/25/01 - 7pm $£11, s IAN H~t~ ~ P~I3CAN City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: City Council Liaison Appointments Approved foraSubmittal by~'~,,i~y ~[anager Exhibits: Current Liaison List Agenda No. ~.~//, 0 ~,~ Department Origin: City Clerk Date Submitted: 3/21/01 For Agenda of: 3/28/01 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council members are customarily appointed as liaisons to Indian River County and Regional Boards at the first regular meeting subsequent to taking office under Mayor's Matters. The Mayor calls for volunteers and appointments are made appropriately. The current list is attached for your review. SEBAST AN CITY COUNCIL t/IEMBERS LIAISONS TO COUNTY ANI) REGIONAL BOARDS AFFORDABLE HOUSING ADVISORY COMMITI'EE: ( ndian River County) Current Members: Tracy Hass & George Bonacci Member can be elected official or other city representati/e appointed by governing body 4/6/94 - Bruce Cooper appointed 4/12/95 - Bruce Cooper appointed 3/27/96 - George Bonacci appointed 3/26/97 - Bob Massarelli and George Bonacci appointec 3/25~98 - Massarelli (replaced by Hass) and Bonacci positions continued 3/24/99 - Tracy Hass and George Bonacci continued 3/22/00 - Tracy Hass and George Bonacci continued Secretary: Reta Smith, IRC Commission Office Location: County Administration Bldg.- 1840 25th Street, Vero Beach, FL - 1st FI Conf Rm Time: Quarterly on 2nd Thursday of Month - 3:00 P.M. BEACH AND SHORE PRESERVATION COMMITTEE/Indian River County) Fran B. Adams, Commissioner - Chairman Current Member: Walter Barnes -Appointed Ma"ch 22, 2000 (Any elected offical may attend a meeting if the designee is unable to be present) Contact IRC Commission Office for meeting dates and tlmes COUNCIL OF PUBLIC OFFICIALS: (Indian River County) Current Member: Joe Barczyk Alternate: Walter Barnes Purpose: To improve government efficiency and reduce taxes Historv: 1/12/94 - Adopted by Resolution No. R-94-03 - Intedocal Agreement 1/26/94 - R-94-03 slightly modified by R-94-08 - Robert Freeland appointed 4/6/94 - Robert Freeland reappointed 4/12/95 - Louise Cartwright appointed member - Norma Damp appointed alternate 3/27/96 - Louise Cartwright reappointed member - Norma Damp reappointed alternate 3/26/97 - Ruth Sullivan appointed member - Louise Cartwright appointed alternate 3/25/98 - Ruth Sullivan membership continued - Louise Cartwright alternate membership continued 3/24/99 - Joe Barczyk appointed member - Martha Wininger appointed alternate (Barnes filled position) 3/22/00 - Joe Barczyk appointed member - Walter Barnes appointed alternate Secretary: Location: Time: Vicki Phillips, IRC Commission Office County Administration Bldg.- 1840 25th Street, Vero Beach, FL - 1st FI Conf Rm "A" 3rd Wednesday of Month - 10:00 A.M.- Except June, July, August and December 2 ECONOMIC DEVELOPMENT COUNCIL: (Indian RiverlCounty) Current Member: Ben Bishop Alternate: Ed Majcher Purpose: Encourage new business to come to Indian River County History: 5/14/86 - Lloyd Rondeau appointed 4/25/90 - Robert McCollum appointed 3/27/91 - George Reid appointed 3/25/92 - George Reid reappointed 3/24/93 - Norma Damp reappointed 4/6/94 - Arthur Firtion appointed - Norma Damp appointed alternate 4/12/95 - Carolyn Corum appointed - Norma Damp appointed alternate 5/10/95 - Norma Damp appointed member - Louise Cartwright appointed alternate 3/27/96 - Norma Damp appointed member - Walter Barnes appointed alternate 3/26/97 - Larry Paul appointed member - Ruth Sullivan appointed alternate 3/25/98 - Larry Paul membership continued - Ruth Sullivan alternate membership continuedI 3/24/99 - Ben Bishop appointed member I - Ed Majcher appointed alternate:i 3/22/00 - Ben Bishop appointed member - Ed Majcher appointed alternate ~ Secretary: Cyndie Delstanches, IRC Commission Office Location: County Administration Bldg. - 1840 25t1'i Street, Vero Beach, FL - 1 st FI Conf Rm "A" Time: On Call EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE: (Indian River County) Current Member: Terrence Moore Purpose: '92 IRC referendum consolidated emergency services - advisory *IRC Resolution 2000-124 adopted 10/3/00 by IRC Commission does not provide for alternates, therefore, only Barnes approved as member by Commission on 11/7/00 History: 3/25/92 - Lonnie Powell appointed member 4/6/94 - Norma Damp appointed member - Arthur Firtion appointed alternate 4/12/95 - Arthur Firtion appointed member - Norma Damp appointed alternate 3127196 - Richard Taracka appointed member - Norma Damp appointed alternate 3126197 - Richard Taracka reappointed member - Louise Car[wright appointed alternate 3125198 - Martha Wininger appointed member - Louise Cartwright alternate membership continued 3~24~99 - Martha Wininger reappointed member - Ed Majcher appointed alternate 3~22~00 - Walter Barnes appointed member - Ed Majcher appointed alternate 10/25/00 - Walter Barnes reappointed member - (per County Commission - no alternates needed) 1/24/01 - Terrence Moore appointed member Secretary: Vicki Phillips, IRC Commission Office Location: County Administration Bldg. - 1840 25th Street, Vero Beach, FL - 1st FI Conf Rm "A" Time: 3 or 4 Times Per Year - 10:00 a.m. 4 LAND ACQUISITION ADVISORY COMMITTEE: (Indian River County) Current Member: Ed Majcher Alternate Member: Walter Barnes Purpose: '92 IRC referendum - $26M Bond - Seek Land - Advisory History: 5/2/90 - Robert McCollum appointed member 4/3/91 - Lonnie Powell appointed member 9/25/91 - George Reid appointed alternate 3/25/92 - Carolyn Corum appointed 4/6/94 - Carolyn Corum reappointed member 4/12/95 - Carolyn Corum reappointed member 3/27/96 - Carolyn Corum reappointed member - Corum resignation accepted 3/26/97 4/9/97 - Growth Management Director, Tracy Hass appointed 3/25/98 - Hass position continued 3/24/99 - Chuck Neuberger appointed member - Martha Wininger appointed alternate (Barnes filled position) 3/22/00 - Rich Stringer appointed member (per Reta Smith position must be councilmember) - Walter Barnes appointed alternate 4/12/00 - Ed Majcher appointed member Secretary: Location: Time: Reta Smith, IRC Commission Office County Administration Bldg. - 1840 25t1" Last Wednesday of Month - 1:30 P.M. Street, Vero Beach, FL - 1st FI Conf Rm INDIAN RIVER COUNTY PARKS & RECREATION COMMI'I-rEE: (County) Current Member: Nancy Diamond Alternate: Ed Majcher Purpose: Coordination of County-wide Recreation Secretary: Reta Smith Chairman: Fran Adams, County Commission Meets: First Thursday of Month at 10:00 a.m. METROPOLITAN PLANNING ORGANIZATION (MPOJ: (Indian River County) (Previously called Transportation Planning Committee) Current Members:(2) Jim Hill Current Alternate: Walter Barnes Technical Advisory Committee LStaff): Terry Hill Citizen Advisory Committee: Herbert Munsart Purpose: Transportation planning and to obtain transportation funding History: as Transportation Planning Committee: 6/3/87 - George Metcalf appointed 5/25/88 - Jim Wadsworth (P&Z) appointed ex-officio 1/24/90 - Robert McCarthy appointed - Peter Jones appointed alternate 3/28/90 - Lloyd Rondeau appointed - Frank Oberbeck appointed alternate 4/11/90 - Frank Oberbeck appointed (Rondeau resigned) 8/8/90 - Robert McCollum appointed alternate 3/27/91 - Lonnie Powell appointed alternate 4/3/91 - Peter Holyk appointed alternate 8/14/91 - Will Conyers appointed - Peter Holyk appointed alternate 3/25/92 - Frank Oberbeck appointed - Peter Holyk appointed alternate 6/17/92 - Frank Oberbeck appointed - Peter Holyk appointed alternate as Metro_Dolitan Planning Organization: 2~24~93 - Resolution No. R-92-30 3~24~93 - Robert Freeland appointed alternate 4~6~94 - Frank Oberbeck reappointed - Robert Freeland reappointed alternate 3~22~95 - Raymond Halloran appointed member - Carolyn Corum appointed alternate 3~27~96 - Raymond Halloran appointed member - Walter Barnes appointed alternate 3~26~97 - Richard Taracka appointed member - Walter Barnes reappointed alternate 3~25~98 ~ Charles Neuberger appointed member ~ Ruth Sullivan appointed alternate 3~24~99 - Chuck Neuberger reappointed member - Martha Wininger appointed alternate (Barnes filled position) 3~22~00 - Jim Hill appointed member - Walter Barnes appointed alternate 3/28/01 - 12/1/93 - Harry Thomas appointed to MPg Citizen AdviSory Committee 3194 - Public Works rep appointed to MPg Bikepath ~3ommittee 7~26~00 - Herbert Munsart appointed to MPg CitizenAdvisory Committee Secretary: Location: Time: Vicki Phillips, IRC Commission Office County Administration Bldg.- 1840 25thl Street, Vero Beach, FL - 1st FI Conf Rm "A" 2nd Wednesday of Month - 10:00 A.M.; MPg MPO CAC - First Tuesday of the month, 1't Floor Conference Room "A' - 2:00 P.M. Secretary - Vickie Phillips MPg TAC - Fourth Friday of the month, 1't Floor Conference Room "A" - 10:00 A.M. SEBASTIAN RIVER AREA CHAMBER OF COMMERCE: Current Member: Terrence Moore Alternate Member: Walter Barnes Purpose: Promote business in the Sebastian River area History: 1/6/93 - City Manager Robert McClary appointed member 3/23/94 - Robert Freeland appointed member - Arthur Firtion appointed alternate 3/24/94 - Arthur Firtion replaced Robert Freeland 4/6/95 - Norma Damp appointed alternate 4/12/95 - Arthur Firtion appointed member - Norma Damp appointed alternate 3/27/96 - Thomas Frame, City Manager appointed member - Richard Taracka appointed alternate 3/26/97 - Thomas Frame, City Manager appointed member - Larry Paul appointed alternate 3/25198 - Larry Paul appointed member - Martha Wininger appointed altemate 3/24/99 - Ben Bishop appointed member (replaced by Terrence Moore - conflict) - Martha Wininger appointed alternate (Barnes filled position) 3/22/00 - Terrence Moore appointed member - Walter Barnes appointed alternate Location: Time: Chamber of Commerce Office - Main Street - Sebastian 2nd Thursday of Month - 5:00 P~M. TOURIST DEVELOPMENT COUNCIL: (County) Current Member: Ben Bishop Alternate Member: Jim Hill History: 3/99 - Ben Bishop appointed member - Ed Majcher appointed alternate 3/22/00 - Ben Bishop appointed member - Jim Hill appointed alternate Purl:)ose: Secretary: Promote Tourism in Indian River County Cyndie Delstanches, IRC Commission i Office Location: County Administration Bldg.- 1840 25th Street, Vero Beach, FL- Commission Chambers Time: 3 to 4 times per year TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Joe Barczyk Alternate: Jim Hill Purpose: Cooperative government - county and municipal in region south to Martin History: 8/12/92 4/14/93 4/6/94 4/12/95 - Lonnie Powell appointed member - George Reid appointed alternate - Resolution No. R-93-15 adopted - Robert Freeland appointed alternate -Arthur Firtion appointed member - Robert Freeland appointed alternate - Arthur Firtion appointed member - Carolyn Corum appointed alternate 3/27/96 - Walter Barnes appointed member - Louise Cartwright appointed alternate 3/26/97 - Walter Barnes reappointed member - Louise Cartwright reappointed alternate 3/25/98 - Ruth Sullivan appointed member - Charles Neuberger appointed alternate 3/24/99 - Chuck Neuberger appointed member - Joe Barczyk appointed alternate 3/22/00 - Joe Barczyk appointed member - Jim Hill appointed alternate Member should be elected chief executive or member of governing body - can appoint an alternate Chairman: Bob Oliver City of Okeechobee Secretary: Lane Gamiotea (863) 763-3372, Ext. 215 Meeting Location: St. Lucie County Administrative Bldg. 2300 Virginia Avenue Rm 3 Ft. Pierce, FL 34982 (across from College) Time: 1st Wednesday of Month - 10:00 A.M. - Conference Room 3 Except July, August and November Mailing Address: Roger Poitras, Administration Administrative Annex St. Lucie County 2300 Virginia Avenue 3rd Floor Ft. Pierce, FL 34982 Bob Oliver, Chairman City of Okeechobee P.O. Box 671 Okeechobee, FI 34973 Treasurer: Comm. Prannie Hutchinson Secretary/Treasurer St. Lucie County 2300 Virginia Ave., Room 304 Ft. Pierce, FI 34982 l0 TREASURE COAST REGIONAL PLANNING COUNCIL (Regional) 301 East Ocean Boulevard, Suite 300, Stuart, Florida 34994 ~effective March 3, t998) Sebastian became a permanent voting member in December 1998. Current Member: Jim Hill Alternate Member: Walter Barnes Purpose: Public agency formed in 1976 pursuant to Florida Statutes. TCRPC is an association of local government representatives and private citizen representatives from Indian River, Martin, Palm Beach, and St. Lucie Counties working to promote health, safety and iwelfare of citizens and plan for future development of the region that will afford a high quality of life. History: 12/14/85 - Gene Harris appointed member 6/86 - Robert McCarthy appointed member 10/93 - Carolyn Corum appointed member for two years 4/6/95 - Carolyn Corum reappointed for additional year 4/12/95 - Raymond Halloran appointed member - Louise Cartwright appointed alternate 3/27/96 - Raymond Halloran appointed member - Richard Taracka appointed alternate 3/26/97 - Larry Paul appointed member - Veto Beach is alternate voting member if Sebastian cannot attend 3/98 - Larry Paul to continue as member : 8/12/98 - Chuck Neuberger appointed alternate 3/24/99 - Joe Barczyk appointed member - Martha Wininger appointed alternate (Barnes filled position) 3/22/00 - Jim Hill appointed member - Walter Barnes appointed alternate Location: Howard Johnson's Motor Lodge 950 U.S. Highway One Stuart Time: Contact: Send Correpondence To: 301 East Ocean Boulevard, Suite 300, Stuart, FI 34994 3rd Friday of Month - 9:30 A.M. (call ahead for any changes) Liz Gulick ~ Phone 561-221-4060 Suncom 269-4060 Fax 561-221-4067 E-Mail admin@tcrpc.org ~ twp-min~liaison Revised 3/24/00 ]! SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 14, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Them was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Finance Director, Mark Mason Public Works Director, Terry Hill Golf Course Director, Greg Gardner Airport Director, Jason Milewski Administrative Secretary, Joanne Sandberg AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wrftten agenda may be added only upon a majority vote of City Council members (R-99-21) None. Regular City Council Meeting March 14, 2001 Page Two , 6. PROCLAMATIONS, ANNOUNCEMENTS ANID/OR PRESENTATIONS 01.079 A. Proclamation - National Girl Scout Week - March 11-17, 2001 - Acceoted bv Dawn Fronduto 01.080 B. Mayor Barnes read the proclamation, however, Ms. Fronduto was not present to receive it. Proclamation- NationaIVNAWeek ~ Mayor Barnes read the proclamation ahd presented it to Brian Walsh. 01. O75 C. Reginald Reynolds - Sebastian River Hiqh School - Audio/Visual Department - Ci~ Council Meeting Broadcasts (No Backup) ~ The City Manager introduced Reginaldi Reynolds, Sebastian River High School Audio/Visual Department, who addressed City council on entering into a partnership with the City to provide student audio/visual services to the City Council for its meeting broadcasts. City Council discussion followed; and the City Manager stated if it was City Council's wish to move in this direction it was his intention to came back to City Council with an interlocal agreement at the next meeting. MOTION by Hill/Bishop "1 move to direct staff to come UP with an agreement with the high school and bring it back before us at the next meeting for our approval or disapproval." Tut Connelly, Sebastian, urged that City Council take more time on this matter. VOICE VOTE on the motion carried 5-0. CITY ATTORNEY MATTERS The City Attorney reported on the fact that representatives of other governmental agencies stated during election night that they observed that things were going well in Sebastian, reported on the outcome of the court decision on a $50 water citation, announced the 3/20/01 Indian River County Commission hearing on the local option gas tax. CITY MANAGER MATTERS The City Manager reported that the golf courselbond pre-closing took place yesterday, and presented an award and thank you letter from Jeff Larson, H~nifen, Imhoff to each City Council member. The City Manager also reported that the cap ta ! oan agreement had been executed and equipment previously approved will now be purchased andl delivered over the next several weeks. Regular City Council Meeting March 14, 2001 Page Three 01.077 A. Racial Slurs and Attacks by Herbert Sturm (No Backul)) The City Manager reported on a verbal racial attack by Herbert Sturm and advised City Council that, due to the slur, he will not be able to communicate Mr. Sturm any further. 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATFERS A. Mayor Barnes Reported on a letter of commendation regarding cemetery employees, Kip Kelso and Sylvia Clark Reported on the City's Tree City recertification Inquired about the derelict vessel removal problem B. Vice Mayor Bishop Asked if the Schumann fountain pressure could be increased; and the Public Works Director reported the fountain was meant to be a flow well and has never sprayed. He offered to take Mr. Bishop to the site. C. Mr. Barczvk Reported the woman who brought the above referenced item to Council's attention said many years ago it had lights and was a fountain, Advised that many trees in the Schumann median are dead TAPE I - SIDE II (7:40 p.m.) Asked how the Fischer museum was allowed to be painted coral and the City Attorney advised that there was no code prohibiting certain colors on existing buildings. Discussed Barber traffic concerns D. Mr. Hill Congratulated the incumbents for winning the election, and congratulated Mr. Conover for running. Roadway improvements take into account future road improvements and (tape) The City Attorney reported that the Land Development Code does require approval for painting different colors in overlay districts. The City Manager said he would meet with the Growth Management Director tomorrow on the matter. E. Mr. Maicher Reported on the need for walkways over bridges on city streets 3 Regular City Council Meeting March 14,2001 Page Four 11. 12. 13. 14. Discussed speeding concerns on Barb,.~r Street in front of the sports complex Said people have contacted him with concerns about the inadequacy of foliage at the new Publix The City Attorney advised that there is a light at Barber and Tulip in the works in the MPO plan Mr. Hill agreed that the Publix landscaping needs to be addressed. Mr. Bishop reported that the Publix development was approved under the old Land Development Code and the City Manager said he had encouraged the developers to move trees from the back of the property to the parking area. CONSENT AGENDA All items on the consent agenda are considered routine arid will be enacted by one motion, There will be no separate discussion of consent agenda items unless a member of City CounCil so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/21/01 Special Meeting, 2/28/01 Regular Meeting MOTION by BarczykJBishop "1 move to approve the minutes of the 2/21/01 Special Meeting and 2/28/01 Regular Meeting." ROLL CALL: Mr. Bishop Mr, Barczyk Mr, Majcher Mr. Hill Mayor Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM ITHE PUBLIC Item that has occurred or was discovered within the Previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Bruce Stewart, 678 Jordan Avenue, Sebastiani expressed concern about three dogs, one being a vicious pitbull behind his property and asked for help frOm Council to require a fence be put up on the property. The City Attorney advised that dog owners are requirted to keep dogs controlled, but laws do not provide for action prior to an incident. The City Attorney was directed to research the matter and the item was placed on the March 28, 2001 agenda. Sal Neglia, Sebastian, expressed concern for cals parked on the Riverview Park property at the Pelican Island festival. The City Manager said there are off-d~uty police officers who patrol certain festivities. Mr. Bishop disCussed use of an event manager to show people where to set up, etc. COMMI'I-I'EE REPORTS/RECOMMENDATIONS None. 4 Regular City Council Meeting March 14, 2001 Page Five 15. OLD BUSINESS 01.004 A. Police Dispatch Issue - Recluested bv Mayor Barnes (No Backup) MOTION by Hill/Majcher "1 move to leave dispatch as it currently is." ROLL CALL: Mr. Barczyk -aye Mr.M~cher -aye Mr. Hill -aye Mayor Barnes -aye Mr. Bishop - aye MOTION CARRIED 5-0 01.025 B. Ememency Water Restrictions - Recluested by Mayor Barnes (No Backup.]' Mayor Barnes said he had contacted other agencies and was still waiting for responses to his requests to schedule a meeting, therefore suggested holding off for now. TAPE II - SIDE I (8:25 p.m.) Vice Mayor Bishop expressed concern for waiting due to the urgency of the situation. Mayor Barnes said he would meet with them and bring matter back to the March 28, 2001 agenda. Mr. Barczyk recommended that the water restriction be enforced. Tut Connelly, Sebastian, discussed the water issue. 16. NEW BUSINESS 01.061 ADj~ropriate $250,000 from Airport Funds and Aoprove Change Order #1 for Links Construction to Construct New Golf Hole # 11 and Relocate # 17 Tee and Green in the Amount of $250,000 (Golf Course Transmittal, Scope of Work, Links Quote) The City Manager said once authorized, this will replace Council approval from February 14, 2001. The Golf Course Director explained the reasons for the change order and described the adjustment to the course. The Airport Director justified the relocations from an airport standpoint. MOTION by Majcher/Barczyk "1 move to award change order #1 to Links Construction to construct new golf course and relocate the #17 tee and green in the amout of $250,000 and appropriate $250,000 in the airport fund for the project." Regular City Council Meeting March 14, 2001 Page Six ROLL CALL: MOTION CARRIED 5-0 Mr, Majcher , - aye Mr. Hill - aye Mayor Barnes, - aye Mr, Bishop , - aye Mr, Barczyk - aye 01.078 First Reading of Ordinance No, O-01-06 - Repeal of Police Pension Amendments ¢Citv Attorney Transmittal, O-01-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, REPEALING ORDINANCE NO. 0-99-38; (POLICE P£N$10N MODIFICATIONS) PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS. The City Attorney read Ordinance No. 0-01-06 by title and reviewed the reasons for repeal of O- 99-38, based upon Division of Retirement recommendation. MOTION by BarczykJBishop " "1 move to pass Ordinance O-01-06 on first reading and set a public hearing for 3/28/01." ROLL CALL: Mr. Hill - aye Mayor Barnes~ - aye Mr, Bishop - aye Mr. Barczyk - aye Mr, Majcher - aye MOTION CARRIED 5-0 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 8:50 p.m. Approved at the Walter Barnes Mayor ,2001 Re lular City Council Meeting. Sally A. Maio City Clerk HOME OF PEUCAN ISLAND SPECIAL MEETING ELECTION MATTERS SEBASTIAN CITY COUNCIL MINUTES MONDAY, MARCH 19, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFF/CE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Ci~ Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio ELECTION MATTERS (City Clerk Transmittal 3/14/01, R-01-20 w/Certificate of Canvassing Board) A. Resolution No. R-01-20 - Certificate of Canvassin(~ Board - Election Results A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION; PROVIDING FOR CANVASSING OF ELECTION RETURNS; PROVIDING FOR DECLARATION OF RESULTS; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE ELECTION iN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes read the proclamation by title. Special City Council Meeting March 19, 2001 Page Two Approved at the MOTION by Bishop/Barczyk "1 move to approve Resolution No. R-01-20," ROLL CALL: Mayor Barnes i - aye Mr. Bishop ~ -aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 (A copy of Resolution R-01-20 and Canvassing Board Certificate are attached) Investiture of Newly Elected Officials by, City Clerk The City Clerk swore in newly elected City Councilmembers Barczyk, Bishop and Majcher. C. Election of Mayor b_y New Council : MOTION by Majcher/Bishop "1'11 make a motion to keep Walter Barnes as our Mayor for City Council." In accordance with the Charter, since there were no other nominations, Mayor Barnes was re- elected. D. Election of Vice-Mavor bv New CouncilI MOTION by Hill/Majcher "1 would go ahead and nominate Ben Bishop to continue as Vice-Mayor." In accordance with the Charter, since there were no other nominations, Vice-Mayor Barnes was re-elected. Being no other business, Mayor Barnes adjourded the Special Meeting at 7:10 p.m. ,2000 Regular City Council Meeting. Walter Barnes Mayor Sally A. Maio City Clerk Subject: Waive competitive bid procedures & authorize 4th of July fireworks contract award. City of Sebastian, Florida Agenda No. ~)~ (]/~/ Department Origin: ~~ General S~nistrator Finance Dkector~X~-~~ SSTOBUDOSromv Date Submitted: March 15, 2001 For Agenda of~ March 28, 2001 Exhibits: Form of Agreement & Proposal EXPENDITURE REQUIR D: AMOUNT AVAILABLE: APPROPRIATION REQUIRED: · $12,500 $19,887 -0- SUMMARY In order for the City to secure a date certain with a Pyrotechnics Firm for its annual fourth of July fireworks celebration, (as has been customary) an agreement needs to be entered into. Melrose Pyrotechnics, Inc., has provided this service to the City in the past, and as such would be the most practical firm to continue providing the City with its fireworks display. A three year commitment provides a price of $12,500 per year with a 10% bonus for the third year. Due to the specialized nature of fireworks display(s) as it relates to the City of Sebast'ian including our unique logistical requirements, (ie., firing from an island) and because Melrose Pyrotechnics has done a satisfactory job in the past and is familiar with the details of our operation, staff recommends Melrose Pyrotechnics, Inc., be awarded the Fireworks Contract for July 4, 2001,2002, & 2003. RECOMM[ NDED ACTION Move to waive competitive bidding procedures, and authorize staff to enter into a three (3) year contract with Melrose Pyrotechnics, inc., forthe City's annual fourth of July Fireworks Display, for the years 200 I, 2002, and 2003. City of Sebastian $12 '1 O- 3" Titanium.Salutes with 2- 36 Shot 2 .~" Red, Body i J O- 3 "Shells ] ] O- 4 .ShelL~ 75- 6?:' Shells Mid Show _ Grand "Finalq. ii'..~,.,' 20(9- 1" Thunder King!SSaluzes 200-,,~2,,'.' Color ChEvsan'themum and Salutes with Tails 40-.3".,Special Imported Star Shells 40:'3" D~mestic ~eony Shells" 20- 3" Red, .~ite, and~:lue Ring:Shells 50- 3" Titanium Salutes ¢'~i~h:Xising ;~i:Zver Tails: :5'~ 5" Super Brilliant Peo~;~s 3' 5" Glittes~ng'.Gold Ohwaanthemum Shetta 2_ 5~ si'iver Pdi.~':Tree Shells 5- 6" Gold Brocade CroWn~::Ch~yx.anthemumXhells MELROSE P YR 0 T,E CLINICS, INC. AGREEMENT This contract entered in this 30TH day of JANUARY A.D. 2.001 by and between MELROSE PYROTECHNICS, INC. of Catawba, S.C. and CiTY OF SEBASTIAN (customer) of City SEBASTIAN State F_~L. WITN-ES SETH: MELROSE SOUTH PYROTECHNICS, 12NC. for in consideration of the terms hereina~fter mentioned, agrees to finnish to the CUSTOMER ONE O) Fireworks Display(s) as per at4'c,r-hc~ agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of JULY 4, 2001 Customer Initial , weather permitting, it being understood that should inclement weather prevent the-giv/ng of this display on the date mentioned here/n the parties shall agree to a mutually convenient alternate date, within six (6) months of the original convenient .date. Customer shall rerrdt to the first party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determkmtion to cancel the show because ofinclernent or unsafe weather conditions shall rest within the sole discretion of MELROSE SOUTH PYROTECI-{NICS, INC. In the event the customer does not choose to reschedule another date or carmot agree to a mutually convenient date, MELROSE SOUTH PYROTECI{NICS, INC. shall be entitled to 40% of the contract price for costs, damages and expenses. If the fireworks exhibition is cancelled by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay MELROSE SOUTH PYROTECHNrlCS, INC. on demand, all MELROSE SOUTH PYROTECI--IN-ICS, INC.'s out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses, and employee charges. MELROSE SOUTH PYROTECHNICS, INC. agrees to fum/sh all necessary fireworks display materials and personnel for fireworks display in accordance with the program approved by the parties. It is further agreed and understood that the CUSTOMER is to pay MELROSE SOUTH PYROTECHNICS, INC. the sum $12~500.00 (50% DEPOSIT INVOICED APRIL !, 2001). A service of 1 ½% per month shall be added if account is not paid in full within 30 days of the show date. MELROSE SOUTH PYROTECHNICS, INC. will obtain Public Liability and Property Damage mhd Workers Coml~ensafion insurance. Customer will provide the following items: (a) Sufficient area for the display, including a rni~firnum set back of.420 feet at all points from the discharge area. Cb) Protection of the display area by roping-off or similar facility. (c) Adequate porte protection to prevent spectators from entering display area. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for thek separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay reasonable attorneys fees incurred by MELROSE SOUTH PYROTECHNICS, INC. irt the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. IvlZLtLOSE SOU~-I Pxg'ROTECHNICS, INC. Date sig'ned: JANUARY 30, 2001 SCOTT FULTON P.O. Box .209 Catawba, SC 29704 -800-771-7976 CUSTOMER By: It is duly authorized agent, who r~-present.~ he/she has full authority to bind the Customer Date Signed: (Please Type ar Print) Address: Phone: PROGRAM FEATURES az BENEFITS., Melrose Three Show Bonus Plan ,:I :::: ?i i?:/'' i Due to the popularity of our three-year contra'~i~!i':The Heh'ose Hillenni'~i~":Program:'~':'We would:,Iil~i?:?':':' to extend a new three-year offer to our valuefl:~Customers;' Having you on our schedule of events long term helps us a great deal in planning our :fireworks and personnel needs. Therefore, we are pleased to offer an addJ~tbnal 5,°~i:i.~f ~h;e bud'~'~' amou~:,of your first ~o contrac~ to your third display. In other ~rdsi:~.:~your:,.2oo5 3~,~(~'~¢;.,Will con~in~?an additional 10% bonus product. ',' Example: ::':~:.':. July 2001 July 2002 July 2003', Bonus $'.17,000:00 $ L600;00 Display Valise $'1..8,600.00 (The Contract' amount of your third show must be equal· to or grea~ter"than~"the two previous shows in. order to receive the bonus product.) ' " · This program also guaranrees"~ou will not be subject, ed.to a. ny pr:ice increases for the term .~:f::'~his "':'~':"~' agreement. 'FI~e' base'"quanti~'i~b! produCt"0ffered Will remain ,[~:k'~:ii. same eacI~:Y~ar. The bonU'~?ill be added on top of the base,mateml of the third show.~ ' ' ' ~:'::':':'?'" You can adjust your budget and show dates each:'~ear provided you rem'a.!n a~ oi2above 'our minimum show amounts for specified dares. Your Melrose.r::~:r..',.;:nr:ti .'c will:tailor your'.':contra~ to suk your needs, ., Demand for professional fireworlcs semcesi:;'i~";?increasingi!Year after year; Fireworks cc~mpanies are raising minimums and turning away new:buSiffess. S~cUre:':your sho_ws:.now for the..:next three yearn.. OFFER EXPIRES JANUARY 3,0~ 2001! " In order to'...make this program successful, 'we need.!:,t~":.knoW:'..:our ~i~el of commi,tm:ent no later than: 1/30/01, so that we can place our produm orders.'iand schedule'-:production based on participation at that time. (~ROSE PYROTECHNICS, INC. 1-8 0'0-771 -PYRO, (7976) wWW. melrosepy~o,com MELROSE P YR 0 TECHNICS, INC. AGREEMENT Tkis contract entered in this 30TH day of JA~N-UARY A.D. ,2001 by and between MELROSE ' PYROTECHNICS, 1NC. of Catawba, S.C. and CITY OF SEBASTL42~ (customer) of City SEBASTIAN State .FL. WITNESSETH: MELROSE SOUTH PYROTECHNICS, INC, for in consideration of the terms hereinafter mentioned, agrees to furmsh to the CUSTOMER ONE (1) Fireworks D/splay(s) as per aCr~,J,~,,t, agreement made and accepted and made a part hereof, including the services of om' OPerator to take charge of and fire display under the supervision and direction of the Customer, said d/splay to be given on the everfing of JULY 4, 2002 Customer hfitial , weather permitting, it being Understood that should inclement weather prevent the giving of ti'tis display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, with/n six (6) months of the original conven/ent date. Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of MELROSE SOUTH PYROTECHNICS, INC. In the event the customer does not choose to resehedule another date or cannot agree to a mutua/ly convenient date, MELROSE SOUTH PYROTECHNICS, INC. shall be entitled to 40% o£the contract price for costs, damages and expenses. If the fn-eworks exhibition is cancelled by CUSTOMER prior to the display, CUSTOM]BP,. shall be responsible for and shall pay MELROSE SOUTH PYROTECHNICS, INC. on demand, all MELROSE 'SOUTH PYROTECHNICS, INC.'s out of pocket expenses incurred hq p.reparafion for the show including but not lira/ted to, material purchases, preparation and design costs, deposits, licenses, and employee charges. MELROSE SOUTH PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for fireworks display in accordance with the program.approved by the parties. It is further agreed and understood that the CUSTOMER is to pay MELROSE SOUTH PYROTECHNICS, INC. the sum $12,500.00 (50% DEPOSIT INVOICED APRIL 1,200~. A service of 1 ½% per month shall be added if account is not paid in full within 30 days of the show date. MELROSE .SOUTH PYROTECHNICS, 'INC. will obtain Public Liability and Property Damage and Workers Compensation 'insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimum set back of 420 feet at all points from the discharge area. (b) Protection of the display area by roping-off or similar facility. (c) Adequate police protection to prevent spectators from entering display area. 'It is further agreed and mutually understood that nothing in this contract shall be constructed or haterpreted to mean a parmership, both parties being hereto responsible for their separate and individual debts and obligations, and neither .party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay reasonable attorneys fees incurred by MELROSE SOUTH PYROTECHNICS, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. M-ELPqOSE SOUT/r{ PYROTECHNICS, INC. , Date Signed: JANUARY 30, 2001 SCOTT FULTON P.O. Box 209 Catawba, SC' 29704 800-771-7976 CUSTOMER By: It is duly authorized admit, who rcprc~ent~ he/she has full authority to bind th~ CustOmer Date Signed: (Please Type or Print) Name: Address: Phone: 1. PROGRAM FEATURES g BENEFITS Melrose Three Show Bonus.Plan Due to the popularity of our three-year con~ract.-i'"The/Mel~ose Millennium', Program.f'"we would, like to extend a new three-year offer to our valu_.e'd::custom'ers': - - Having you on our schedule of events long'term helps'us a great deal in'.:'pl';anning ou.rrff~eworks and'; personnel needs. Therefore, we are pleased to.~offer"ai~ additiOnal 5%:.of the budgeted amount'of': your first mo contracts :o your third!::'display.:~:,..li~ otli'er wOtds,.,,your2003 dis.pl~¥'.will contain:'an additional 10% bonus product. ...., ... Example: ..... July 200t $!1.5.',000~00 Bionus f°r 2003 $:7.5:0.00 July i2:(~02 ...- $.~,17;000'.00 Bonus for"2003 .$;8'$0.00 . - :.;?,., - july 2003~, $3~7,000'~00' -.- Bonus $ 1,600,.00 D~sp:la~t~Valt~e= · ,'.':'~'"::: :,', ! ,':~"~.~ ..., ~., ..:- ~.'.:i: ,.:.: '"' (The Con'~rac= amount.°~5~ui:'~i~"i~:show mUs~"13e ""' ....... equali:to: or grea~e~'than':the ~o' previous shows in order to receive the bO'ri,~i's pro,~i~':') .:'",!'"!.'..;! ' -'?"',:' :' ""' : ~,',¥.;~."."T .. !:.5,.:...?~:.:. i¢ . .. This program also'guarantees'~you will nOt:be' subjected to any pri:ee increaseS.!';.fbr ~he term of.,.¢.this agreement. The: base quantity,Of produ'ct.::-offer.,e.d .~il:l:.:4remain tlae..same eacl~';;.~ear. The bonus~.:will be . ., ,..:-'-"; .' ' '. ~', 7' "'_' added on top of the base:material of.tl~'.e?th~rd'~:sho .,:;~. You can adjust your budget and show:: dates eaCh:year provi;~t:i"d you remain at or:above, oUr minimum show amounts for specified!'.~'.dates. Your Melrose.representative will=tail.or your'contracts to.:~'Stii~ your ne.edS.:. Demand for professional fireworks services.:.'i~i increasing;.year after yea'r: Fireworks companies are raising minimums and turning away new:business. SecUre'your sho~vs:'now for the n:ext three years:. OFFER EXPIRES ~IANUARY 30T" 2001! In order tomake this program successfuI,= we need::to.-know ou~,.level of commitment no later than 1/30/01, so that we can place our product orders_"and scheduli~: production based on participation that time. MELROSE PYROTECHNICS, INC. 1-80'0-771-PYRO. {7976) / vvww.melrosepyro.com MELROSE PYROTECHNICS, INC. AGREEMENT This 'contract entered in this 30TH day of JANUARY A.D. 2001 by and between 1V~LP, OSE PYROTECHNICS, INC. of Catawba, S.C. and CITY OF SEBASTIAN (customer) of City SEBASTIAN State FL. WITNESSETH: MELROSE SOUTH PYROTECHNICS, INC. for in consideration of the terms hereinafter mentioned, agrees to furmsh to the CUSTOMER ONE (1) Fireworks Display(s) as per agreement made and accepted arid made a pm't hereof, ir, eluding the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said d/splay to.be given the evmfing of JULY 4, 2003 Customer Initial , weather permitting, it being understood that should inclement weather prevent the giving of this d/splay on the date mentioned herein the parties shall agree to a mutually convenient alternate date, with~ six (6) months of the original convenient date: Customer shall remit to the first party m~ additional 15% of the total contract pr/ce for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of MELROSE SOUTH PYROTECHNICS, iNC. In the event the customer does not choose to reschedule another date or carmot agree to a mutually convenient date, MELROSE SOUTH PYROTECHNICS, INC. shall be entitled to 40% of the contract price for costs, damages and expenses. 'If the fireworks extfibition is cancelled by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay MELROSE SOUTH PYROTECHNrlCS, INC. on demand, all MELROSE SOUTH PYROTECHNICS, .INC.'s out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses, and employee charges. MELROSE SOUTH PYROTECHNICS, iNC. agrees to fro-hist all necessary fireworks displa~ materials and personnel for fireworks display in accordance with the program approved by the parties. It is further agreed and understood that the CUSTOMER is to pay MELROSE SOUTH' P~_q>,.OTECHNICS, INC. the sum $12,500.00 (50% DEPOSIT INVOICED APRIL 1,200~). A service of 1.½% per month shall be added if account is not paid in full within 30 days of the show date. MELROSE SOUTH PYROTECHNICS, INC. wilI obtain Public Liability and Property Damage and Workers Compensation insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimrun set back of 420 feet at all points from the discharge at'ea. Cb) Protection of the display area by roping-off or similar facility. (c) Adequate pohce protection to prevent spectators from entering display area. It is further agreed and mutually understood that notking in this co,tract shall be constraoted or interpreted to mean a partnership, both parties being hereto responsible for their' separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay reasonable attorneys fees recurred by MELROSE SOUTH PYROTECI-D4ICS, INC. in the collection or attempted collections of any amount due under this ' agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments oftkis contract, these' articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. ~'J,~tAu, i~ ~-,]~,' ~a~u.~ ~,~ d~c¢i~& 1,~ IvlELROSE SOUTI-I PYROTECHNICS, INC. Date Signed: JANUARY 30, 2001 SCOTT FTZLTON P.O. Box 209 Catawba, SC 29704 800-771-7976 CUSTOMER By: It is duly authorized agent, who represents he/she has full authority to bind the Customer Date Signed: (Please Type or Print) Address: Phone: 1. PROGRAH FEATURESBENEFITS Melrose Three Show Bonus Plan Due to the popularity of our three-year conrraCc"'Th~,NlelP,°se Millennium, Program"we would_like to extend a new three-year offer m our valued~customers: ..." :: ~:.-. ~!. . -. ~.',. Having you on our schedule of events long termhelp-~, us a great deal in.::l~l~nning our-'..ffreworks and:i personnel needs. Therefore, we are pleased to:off~r'.an additional 5%of the budgeted amountof your first ~wo contracts re your third?display;: In o~'er words,:.your2003 displa_y.~.wi[l contain:an additional 10% bonus product. Example: July 2001 July 2!0;02. July 20OX; Bonus '" 5i~00~::00 Bbnus for 200'3 ~!:i:Z;000-.. 00!'.lBo nus: for: 2:003 ' .$?1.1'7,000~,0~ -' 1.6001'00 $~75'0.00 $850.00 (The Conzracz amount::O~.4¢bur"~hii~di'Show m.U~:be equa'l:!:m: or great'4r than'.the order to receive ~e bonus pro'du'~:) This pro,am also ~.a~anrees: 26~ Mil not:be subje.~d~;;to any p. ri:ee increaseS:T6r the tern o~>'this a~eement. The base quantiW'of prodU-~::'offered :Wtl:[~remain .the~..same each:'year. The bonuS:,,will be added on mp of the base:material of the ~ird You can adjust your budget"and $hO.~:~dhtes each:~.Yea~ pro,id'ed you remain at orabove:,our minimum show amounu for specifie:d;~ dates. Your Melrose represenra~ve will:tailor your contrac~ to;,:~uit your needS.;' Demand for professional firewor~ se~ices'4$: ncreasing.year after year; Firewor~ companies are raising minimums and turning away new.. business. Sea.re. your shows:' now for the nero three OFFER EXPIRE5 JANUARY 3.'0~ 2001! In order m make thB program successfUl?We need;..toknow our:'le~el of commi,tment no later than 1/30/01, so that we can place our product orders:and schedule production based on participation ar that time. LROSE PYROTECHNICS, INC. 1-800-771-PYRO (7976) / www.melrose.py~o.com 1201 Main Street Sebastian, Florida 32958 Sebastian epartment '~' (Admin Fax 24 Hr) (561) 388-1782 (561) 589-5233 Fax (561) 589-2207 SUBJECT: Local Law Enforcement Block Grant Project for 2000 Approve~'/ Agenda No. Departmem Origin Date Submitted For Agenda of Police : 3/16/01 E~TS: Gemlul In-Car Video System Picture Expenditure Required $12,281 Amount Budgeted LLEBG $11,081 MATCH $1,200 Appropriation Required NONE SUMMARY STATEMENT The Florida Department of Community ~s, Department of Criminal Justice Assistance has awarded $11,081.00 in Local Enforcement Block Grant (LLEBG) Funds to our City. This is the fourth year that such Grants have been awarded to Sebastian. This Grant requires a 10% cash match which totals $1,200. The Police Department has the matching fimds available in the Law Enforcement Confiscated and Abandoned ProPerty Expendable Trust Fund, so additional funding by the City is not required for thin project. As in the three previous projects, The Police Department intends to continue its program to equip each of its marked patrol vehicles with video/audio recording systems. Ten vehicles have already been so equipped and this new Grant will add three (3) additional systems, bringing our patrol fleet up to (13) thirteen units with this state- of-the-art equipment. The benefits provided by video/audio recording systems include improved prosecution, improved officer performance and adherence to policy and procedures, and saving of substantial time when investigation into misconduct allegations might be necessary. RECOMMENDED ACTION Authorize the purchase of three Decatur, Gemini. in Car Video Systems in the mount of $11,985 from Law Enforcemem supply Company, Inc. AuthOriz~ installation of video system by Sonic Sounds, Inc. in the amount of $296.00. Subject: Resolution No. R-01-2~[ Vacation of Easement- Century 21 Professionals Office Building Lots 1, 2, 3, Block 185, Sebastian Highlands Unit 8 City of Sebastian, Florida Agenda No. Department Origin: Gro~ l~l.~gement t, (TH) Date Submitted: 3-21-01 Exhibits: 1) R-01-25 2) Application EXPENDITURE REQUIRED: None For Agenda of: 3-28-01 3) Site Map 4) Staff Report AMOUNT BUDGETED: None 5) Utility Letters APPROPRIATION REQUIRED: None SUMMARY This is a request for a vacation of the side yard public utility and drainage easements located on Lots 1, 2, and 3, Block 185, Sebastian Highlands Unit 8. This property received site plan approval from the Planning and Zoning Commission on January 4, 2001 for the construction ora new office building for Century 21 Professionals. All utilities have approved this request. Adopt Resolution No. R-01-25. RECOMMENDED ACTION City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 TO: FROM: DATE: RE: Rich Stringer City Attorney Jan King ~'(~Xe" March 21, 2001 Resolution for Abandoment of EaSement Please review the attached resolution for the abandonment of the side yard easements for the Century 21 Professionals Building on Lots 1, 2 and 3, Block 185, Sebastian Highlands Unit 8. If you approve, please forward to the City Manager for inclusion on the March 28 City Council agenda. Thank you. :jk Lots 1, and RESOLUTION NO. R-01-2S A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1, 2, AND 3, BLOCK 185, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a commercial building on 2, 3 and Tract B, Block 185, Sebastian Highlands Unit 8 within the City of Sebastian; WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of the public utility and drainage easements along the side lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The southwesternmost six (6) feet and the northeastemmost six (6) feet of Lot 1, the southwesternmost six (6) feet and the northeasternmost six (6) feet of Lot 2, and the southwestemmost six (6) feet of Lot 3, all less the southeasternmost ten (10) feet thereof, all of said lots lying in Block 185, Sebastian Highlands Unit 8, as recorded in Plat Book 6, Page 11, of the Public Records of Indian River County, Florida. all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. All resolutio are hereby repealed. Section 3. RECORDiNG. This records of Indian River County, Florida. Section 4. EFFECTIVE DATE. ~s or parts of resolutions in conflict herewith resolution shall be recorded in the public This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, The Mayor thereupon declared this Resolution duly passed and adopted this ,2001. day of CITY OF SEBATIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Permi~ Al=plio~tte~ Ne. City of Sebastian Development Order Applicafio ~p~li~ {ff not cwnar, wH[~ ~cd~e~ Name: A~dres~: ' J=hove Ndml~a~. ( ) FAX Numb - E-Marl: Type of per. it or emion m~:ueSted: - " P~E COM~L~ ONLY ~E SEC~ONS WHICH AEE NECE~Y FOR ~E P~RMI? OR AC~ON T~ YOU A~E RE~UES~NG. ~HA~ BE INCLUDED. A=A:N ~E AP.RO~R,A~ SU..~E~AL INFOR~i~N F~RM, r ~ Pro~. N~e [, app,Ji~le~ - . L _ B. 5~ I~o~a~on Indian ~ver Cou~ Pa~l ~ Zani~g Cl~i~on: F~ure Laddie: '~ng Uae: ....... Pmp~d ~: ' DATE RECEIVED: JF~rt~ CD-200'/ FEE ~AID: $ RECEIVED m A~ent: Name: Phone NumheC. ( ) E-Mall: Attorney: N~r'z'le: Address Phone NumDe~ ( ) FAX NUr~ber. ( ) FAX Num~e~'-( - ) Engineer. Name:, Phone Numt)er: ( Surveyo?: Name: Pm~ne N-tuber: E-MaD. FAX Number:. ( ) FAX Numar. ( ACCU ~ AND ~UE TO ~E BEST OF ~ ~OW~G~ AND B~UEF, · IG~T~R~ DATE ~0 IS PE~Q~Y ~QWN T'~ ME ~R PR~OUC~ Ra~ml=n: Aa~roved: Oa/'ZTlS 7 BARBARA J. ROBYOR COMMI551ON ~ CC 618067 EXPIRES ~R 21,2001 BONDED TH~U AT~NTIC BONDING CO., INC. , HOV.~'4.1DD9 t:~71=!,1 BLI~ DEPT SEBRST:AM HO,~'F8 Perm~ ,A~li~i~n No. Supiplemental Information Easements, vacation of Describe the easement to be vacated (p ovtcle a legal desCriptian, If passible): V~y ia U'tts vacation of an easemerlt bain g ~quest? survey showing the lecatlor~ of thai property lines, ali easem.ent, s and ali s'~ructures ~rt the pmpe~3f. ~ C.,D-2009 . A~i, aved: ~/27/~ IJermlt Appli~t~e~ Ne. The fellewiail ia required far all comprehensive plan amendments, ~.niag amendment (including rezanlng)~ s;Ite plans, cond~Jonal ~4 pe~l~, special u~ exceptions, mhd aprils. AND ~ ~ PR~P~ ~ CONNEC~ON ~ ~/OUR P~OINQ A~P~CA~ON. PROCE~iNO~. R~SUL~NG FROM ~ ~C~$1OH M~BER E~RINO OR ~{NQ ~E PRQP~. INCgUDtNG ANY C~ OR ~E~ON ~T ~IouR PROC~U~L OR ~UB~TA~ DUE PR~CE~ RIG.S UNDER ~E FLORIDA CON&~ON OR ~ UNI~Cm ~TA~ ~ON~ON W~RB VlO~D BY S~H E~ING OR ~IHG. T~S WN~ ANO CONSENT I~ BEING 81GN~ ~ M~US VQLU~ARILY AND NOT AS A R~SULT OF ANY COERCION AP~M~. OR BY ANY. ~PLO~E, AGE~, tONe.OR OR O~C~L ~ TH~ C~ OF ~O ~ pe~nally ~o~}o rne or ~y~, . as ident~tion, ~is .AG ~ay of ~VE~/~' , lg ~ ~"'~ COMMISSION * CC 618067 ~~ EXPIRE5 ~R 2i, 2001 ~ BONDED THRU 'e OF ~' AT~NTIC BONDING ~0., Form C.D-2001 ~A~c~ved: Oa. r27/g ? 4/ , ~7 ABANDONMENT OF EASEMENT Staff Report Project Name: Century 21 Building Requested Action: Abandonment of the public utility and drainage easement located on the southwesternmost six (6) feet and the northeastemmost six (6) feet of Lot 1, the southwestemmost six (6) feet and the northeasternmost six (6) feet of Lot 2, and the southwesternmost six (6) feet of Lot 3, all less the southeasternmost ten (10) feet thereof, all of said lots lying in Block 185, Sebastian Highlands Unit 8. Project Location: a. Address: Fellsmere Road b. Legal: Lots 1, 2, 3, and Tract B, Block 185, Sebastian Highlands 8 Project Owner: a. Name: Han Shan Enterprises, Inc. Annette Hibler, Vice President b. Address: P.O. Box 8309 Vero Beach, FL 32963 Project Agent: a. Name: Annette Hibler, Vice President b. Address: P.O. Box 8309 Vero Beach, F1 32963 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the public utility and drainage easements platted on the southwesternmost six (6) feet and the northeasternmost six (6) feet of Lot 1, the southwestemmost six (6) feet and the northeastemmost six (6) feet of Lot 2, and the southwestemmost six (6) feet of Lot 3, all less the southeasternmost ten (10) feet thereof, all of said lots ly/ng in Block 185, Sebastian Highlands Unit 8. The owner has obtained site plan approval for construction of a new office building, and needs to abandon the int:rior easements to implement the plan. b. Zoning: c. Future Land Use: Existing Land Use: Utilities Comments: a. FP&L b. Southern Bell: c. Falcon Cable: d. Indian River County Utilities: e. City Engineer (drainage): Growth Management Director Comment~: Staff Recommendation: C-512 C-512 Proposed office building approved approved approved approved approved Approve ResOlution R-01-20 Date q~B,, -1~ UI ~lViUIt) u~,uq K[n ~1. u~tm, Ut,at,,tuft t~t~ January 5, 200] ~e so~et~o~ six (6) feet ~ ~o no~oas~o~ slx (6) feet of Lot 1, ~e sou~west~st s~x (8) F~ ~d ~e ~~n~s~ s~ (6) ~ee~ of L~t 2, ~ seuthweste~oet six (6) ~et of Lot ~, all less ~e $ou~c~~st ~n (t 0) fact alt of ~ lots lying m Hlo~ 185, S,basxim High]E~ ~nit 8. FAX NO: (S6I)-4~=F~$~'-~- Rct3Arn to: Jan I4~8. City of S:bam~n, C.,'rowt.h Manag'~.rnent ]~'parnnent Fax No. (561) 589-2566. BELLSOUTH BellSouth Telecommunications, Inc. 3300 Okeechobee Road Room 213 Fort Pierce, FL 34947-4552 February 20, 2001 Billie C. Greenlief General Manager-Network Operations indian River Division 561 468 9970 Fax 561 466 4705 Jan King City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Release of I~asement on the south side of SR 512 and east of Laconia Street Dear Ms. King: : Per your request dated February 5, 2001, BellSduth has no objections to the abandonment of the utility easement as described herein: The release of the utility and drainage easement3ocated on the southwestern most six feet and the northeastern most six feet of Lot 1, the southwestern most six feet and the northeastern most six feet of Lot 2, and the southwestern most six feet of Lot 3, all less the southeastern most ten feet thereof, all of said lots lying in Block 185 Sebastian Highlands Unit 8. We have no facilities within tiffs portion of the said utility easement. For further assistance, please contact Kirk Walker at 561-468-5538. Yours truly, C. Crreerllief Billie General Manager TI~LEPHONE (56I) 58~-5537 [] FAX (56I) $89-2566 ~ .REOUEST FOR A~A.NDO~ OF EASEMENT January 5, ;~001 the southwesternmost six (6') f~t and the northeasternmost six (5) feet of Lot i, the southwesternmost slx (6) feet and the nortfieasternrnost six (6) feet of Lot 2, and the southwe~ter~most s/x (6) f~m of Lot 3, all less the southeast~mmost ten (10) ail of ~aid lots lying L~ Block 185, Seb~Sau Highlands Unit $, UTILITY: Ken Vickers, Ch~art~ommunicafions APPKOVED/DEN~D ~Y: CO~~S: FAX NO: DATE: 589-3872 Jan King, City of Sebaz~mx, G~owth Mu,~ug=mcnt Department Fax No. (561) 589-2566, 81/26/2881 17:88 5617785143 IBC UTILITY 122~ lV[AIN STREET [] ~EBASTIAN, FLORIDA 32955 TELEPHONE(561) ~89-55~7 ~ F~(561) fgg-2f66 or PaGE 81 P. 1 January 5,200 t p~scrin~ion of Easement to be abandone~: The public utility and drdnage casemmym locat~ on the southwestex~most ~ix (5) feet md the [northeastmmmost ~ix (6) fe~ of Lot 1, thc so~rthwesternmost six (6) feet md ~he nor/h~a~tcmmost six (6) f~et of Lot 2, ~nd th, southwcsternmo~t 'six (6) feet ofL~t 3, all less thc soutl~asmmmo~t ten (10) fe~t thereof, all of said lots lying in Block 185, Sebasti~rx Highl~cls Ulzit g, UTILITY: Ste,ve Doyle, I,R.C. Utilities FAX NO: 770-5143 , APPROVED:.. , -~ .... DEN~ED: ' DARE: APPROvED/DENIED BY: . _ : (sigaatur,) COMMENTS:_ ~ P. eturn to; Jan IQng, City of Seba~i~ ':C. rrowlh Management Department Fax No, (5{51) ~8~-2566. 5.£001 E:ESPM BhDG DEP7 SEB~STIGM M0.510 ~.1 City of Sebastian 1225 MAIN STREBT [] SEBASTIAN, FLORIDA. 32958 TELEPHONE ($61) 589-5537 [2 F,~X (56I) ~89-2566 REOUEST FOR ABANDONlVlENT OF EASE1VIE~ January 5,2001 Descriptio[ of Easement tO_be abandoned: The public u/i/i%, mad drainage easements located on the sottthwesternmo~t six (6) feet and the nortlaeastermmost six (6) feet of Lo~ I, %he ,outhwesternmost slx (6) feet and the norrkeastemmost six (6) feet of Lot 2, and the southwe~temmost slx (6) feet of Lot 3, ail less ~e southeastemmost ten (I0) feet thereof, ,.11 of said lots lying in Block 185, Sebastian Highlands Unit 8. UTILITY: APPROVED/DENIED BY: COMMENTS: Ralph Brescia, City Engineer FAX NO: 389-6209 DENrlED: DATE:/'- ~.-r_2/ Re~urn ~o: Jan King, City of Sebastian, Growth Managemen~c Department Fax No. (561) 589-2566. HC~M[ C~r PI~..IC~q ~ City of Sebastian '1225 Main Street Sebastian, Florida 32958 Subject: Ordinance No. O-01-06 Exhibits: O-01-06 Agenda No. ~)/- 0 7 ~ Department Origin: City Clerk Date Submitted: 3/22/01 For Agenda of: 3/28/01 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council passed Ordinance No, O-01-06 on first reading at its March 14, 2001 Regular Meeting. RECOMMENDED ACTION Conduct the public hearing. Move to adopt Ordinance No. O-01-06. City of Sebastian, Florida AGENDA TRANSM/TTAL Agenda No. Subject: O-01-06; repeal of pension amendmems Date Submitted: 3/08/01 For Agenda of: 3/14/01 SUMMARY: The Division of Retiremem has expressed its concerns that Ordinance O-99-38 creates uncertainty as to the stares of the City's pension plan as either'a statutory chapter plan or a local plan. Since the Division is of the further opinion that no ordinance changes were necessary to effectuate Chapter 99-1, Laws of Florida, the agreed course Of action is to repeal 0-99-38 and remove all question. RECOMMENDED ACTION: Move to pass Ordinance O-01-06 on first reading and set a public hearin~j(or March 28, 2001. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAG~ AMOUNT BUDGETED: $0 APPROPRIATION REQLrffI. ED: $0 O~D~ANC~ NO. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING ORDINANCE NO. O-99-38 (POLICE PENSION MODIFICATIONS); PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS, WHEREAS, in 1989 the City of Sebastian instituted a Chapter 185 police pension plan; and WHEREAS, the legislative history of said pension plan, including each subsequent amendment thereto, has specifically stated the intention that said plan be a statutory chapter plan; and WHEREAS, City Code Section 58-54(0 provides that any provisions of the City Code inconsistent with a Chapter 185 plan shall not be given effect; and WHEREAS, Chapter 99-1, Laws of Florida, virtually rewrote the police pension law in the state of Florida and requires local government compliance with extensive minimum pension standards; and WHEREAS, under the provisions of said Chapter 99-1, local governments were required to adopt these minimum provisions by December 31, 1999, or lose a significant funding mechanism for its police pension plan; and WHEREAS, in response to said Chapter 99-1, the City adopted Ordinance No. 0-99-38, but the same did not include the most recent modifications to Chapter 185; and WIIEREAS, unbeknownst to the City Council or staff, the Division of Retirement / had opined that no ordinance changes were required by the City of Sebastian to remain in compliance with Chapter 185 requirements; NOW, TItEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Ordinance No. 0-99-38 of the City of Sebastian, Florida is hereby repealed and declared void ab initio. Section 2. The ordinance shall be given effect nuncpro tunc to the 15th day of December, 1999. Section 3. CONFLICT. All o~dinances or parts of ordinances in cOnflict herewith are hereby repealed. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember .. and; upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of March, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Walter Barnes, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney L,~ ..:....... _s.~..:...~) HOME OF PELICAN ISL6ND City of Sebastian, Florida Subject: First reading and public hearing for Ordinance No. O-01-07, amending the land development code to permit twelve residential units per acre within the commercial limited (CL) zoning district. Agenda No. ~/. 0~'~ Department Origin: Growth Management Date Submitted: March 21,2001 For Agenda of: March 28, 2001 Exhibits: O-01-07, Letter of Request by Realty King on behalfofZCS Senior Housing Partners, LLC, location map. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY ZCS Senior Housing Partners, LLC recently appeared before the City Council regarding the possibility of constructing a Senior Housing facility in the City of Sebastian. ZCS is currently building such a facility in the City of Melbourne located at 230 Babcock Street. The City Council favorably forwarded support for a similar project in Sebastian to be located on property currently zoned Commercial Limited (CL). Under current regulations, the City can permit up to 8 units per acre within said district. However, for the project to be successful, the developer is requesting 12 units per acre. The proposed Ordinance would permit 12 units per acre as a conditional use within the CL zoning classification. Additionally, the Ordinance creates conditions to protect the City from widespread re-zonings for the purpose of attaining 12 units per acre. The Planning and Zoning Commission will be holding a public hearing regarding this matter on April 5' 2001. RECOMMENDED ACTION Hold a first reading and public hearing for Ordinance No. O-01-07 and schedule a second reading and public hearing for April 11,2001. MLS 945 Fellsmere Road · Sebastian, Florida 32958 Tel: (561) 589-3054 Fax: (561) 589-7557 February 23, 2001 Mr. Tracy Hass Director of Growth Management 1225 Main Street Sebastian, FL 32958 Dear Mr. Hass: Would you please start the process of mending the text of the Land Development Code Book to permit 12 units per acre in commercial limited zoning as per the Council's direction for senior housing. . If you have any questions, please do not hesitale to give me a call. Sincerely, Broker Mr. Jerry Hadlock ZCS Senior Housing Partners, LLC JAK/mts ORDINANCE iNO. 0-01-07 AN ORDINANCE OF TIlE CITY OF BASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT coDE?cITY CODE SECTION 54-2-5.3.2 COMMERCIAL LIMITED DISTRICT (CL), CONDITIONAL USES AND 54-2- 6.4 SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE PROVIDING LIMITED AVAILABiLiTY OF TWELVE RESIDENTIAL UNITS PER ACRE; PROVIDING FOUR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT IIEREWlTIt; PROVIDING FOR SEVERABiLiTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian provides that density of up to twelve (12) residential / units per acre may be provided in the Commerclal Limited land use category, yet there are no provisions in the land Development Code for anY use density greater than eight (8) residential units per acre; and WHEREAS, many local governments Provide a density bonus as an incentive for developers to provide quality affordable housing x~ithin their jurisdiction; and WHEREAS, a public hearing was held before the Planning and Zoning Commission on April 5, 2001, and that body recommends approval of the Land Development Code amendments herein; and WHEREAS, the City Council upon due public hearing has considered the same and found said amendments to be in the best imerest of the citizens of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 54-2-5.3.2(C) of the Land Development Code, City of Sebastian, Florida, COMMERCIAL LIMITED DISTRICT (CL), CONDITIONAL USES, is hereby amended to add the following conditional use: Section 54-2-5.3.2 COMMERCIAL LIMITED DISTRICT (CL) C. CONDITIONAL USES Qualified Affordable Housing Section 2. That section 54-2-6.4 of the Land Development Code, City of Sebastian, Florida, S:PECJFIC CRITERIA FOR APPROVING A CONDITIONAL USE, is hereby amended to add subsection 36A Qualified Affordable Housing to read as follows: Section 54-2-6.4: SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE 36A. Qualified Affordable_Housing a. Applicable zoning districts: Qualified Affordable Housing shall be permitted as a conditional use withiv the CL district. Conditional use crite~ria: (1) Io ~ualify for this conditional use~ a project must participate in a~d. comply with aJt_0~e or federally svonso~r, ed ~ordable housing initiative. (2) Maximum density shall be twelve (12) residential units per acre. (3) The minimum..living area standards of the RM-8 zordng_district shall Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City CoUncil of the City of Sebastian did not intend to enact such inValid or unconstitutional provisions, it shall further be assumed that the City Council would have enacted the remainder of this OrdinanCe without said invalid or unconstitutional provision, thereby causing said' remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This; Ordinance shall become effective immediately. The foregoing Ordinance was moved for adoption The motion was seconded! by Councilmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. MajcheL Jr. by Councilmember and, The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of April, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, CMC City Clerk Rich Stringer, City Attorney ~= u · II I II I I I II --~-- II FIRST PUBLIC HEARING NOTICE The Oity of Sebastian-is considering applying 'to 'the Flarida' Department of Community Affairs (DCA) for Small Cities Communi~/ Development ' Block Grant. (CDBG) of up to Six Handred Thousand ,Dollars ($600,000). These funds mu.~t be used for one of the' following purposes: . ... "- 1. To benefit Iow and'moderate income persons; or , 2. To aid in the prevention or elimination of slums or blight; or. 3. To meet other community development needs of recent Origin having particular urgency because' existing conditions pose a serious and immediate threat to the' health or welfare of the community and wher:e ' other financial resourceS.are not available to meet such needs. · The categories of. activities for' which these funds may be used are in the.areas of .housing, .neighborhood revitalization,.' commercial revitalization, or economic development and include such .improvement activities 'as acquisition of real property,' loans 'to private-for-profit business, purchase of machinery and equipment construction of infrastructure, rehabilitation of .houses and commercial buildings, and energy conservation. Additional informati~3n regarding the range of activities that may be undertaken will 'be provided at the public hearing. FOr each activity'.that is proposed, at 'least 70% of 'the funds must benefit'low and mode.~ate income persons. Ir~" developing an application, for Submission. to 'DCA,.' the City of Sebastian, must' plan to minimize displacement of persons as a result of planned CDBG activities... "'In' addition, the City of Sebastian is 'required to'develop a plan to assist displaced persons. The public hearing 'to .receive. citizen views concerning the community's economic and community development needs. 'Will be' held at the Sebastian.City Hall, Wednesday, March 28, 2001,, at 7:05 p.m. or as soon thereafter.as.poSsible. For information ,concemin'g'the public hearing.contaCt the office of. the City Engineer, Mr. Ralph Brescia,-'City qf Sebasti.an, 1225 Main 'Street, Sebastian, Florida' 32958. Telephone 589-5490.' ' ' The' public headng is being conducted in a handicapped accessible location. Any handicapped person .required' an interpreter for the. hearing.imCaired or the visuallY impaired should contact Mr. Brescia's office at least five calendar'days prior to the meeting and an interpreter, will be provided. Any non-English speaking person wishing to attend the public.hearing should contact Mr. B~escia's office at.least five 'calendar days prior, to.the meeting and a language interpreter will be provided.. To access a'Telecommunications. Device for Deaf Persons (,TDD) please call (561): 589~5330, Any handicapped person requiring special .accommodation at. this meeting, should contact Mr. Brescia's office, at least five .calendar days' to the meeting. ~s,..~n.¥'tteL[! 'to.r' .. Subject: Resolution No. R-01-28 CDBG Grant Application (~~-anager Agenda No. z~jlP~.~ Depamnent Origin: Date Submitted: 3-22-01 For Agenda of.' 3-28-01 Exhibits: Resolution No. R-01-23 EXPENDITURE [ AMOUNT BUDGETED: REQUIRED: N/A J N/A $Im4MARY APPROPRIATION REQUIRED: N/A The proposed Resolution R-01-23 authorizes the City Manager or his designee to apply for funding from the State of Florida Small Cities Community Development Block Grant Program for the necessary physical improvements to the City's low-to-moderate areas. RECOMMENDED ACTION Move to approve Resolution R-01-23, authorizing the City Manager or his designee to apply for funding from the State of Florida Small Cities Community Development Block Grant Program for the necessary physical improvements to the City's low-to-moderate areas. RESOLUTION NO. R-01-23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FUNDING FROM THE FLORIDA SMALL CITIES COMMUNITY D~VELOPMENT BLOCK GRANT PROGRAM; PROVIDING FOR i CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian is eXPeriencing a need for physical improvements in one or more low-to-moderate income neighborhoods; and WHEREAS, it is the desire of the Cits' Council that local residents be assisted in creating an improved living environment in these areas; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. That the Community Development necessary physical improvements in the low-tO-moderate income area (s) indicated in the 2000/2001 CDBG application. Section 2. The City Council hereby directs the City Clerk to sign all necessary certification of the CDBG application. Section 3. That the City Council directs the City Manager to execute and submit the attached application to the Florida Department of Community Affairs for state approval. Block Grant (CDBG) program is declared to be a workable program for providing .Section 4. That the City Manager or City Clerk in his absence, is authorized and directed to submit additional information in a timely manner as may be required by the Florida Department of Community Affairs. The proposed CDBG application is consistent with the local Section 5. comprehensive plan. Section 6. The City's comprehensive plan is hereby adopted as the City's community development plan. Section 7. CONFLICT. herewith are, to the extent of such conflict, superseded and repealed. Section 8. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. All Resolutions or parts thereof in conflict A motion to adopt the foregoing Resolution was made by Councilmember · The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Ben A. Bishop Councilmember Joseph Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. day of The Mayor thereupon declared this ReSolution duly passed and adopted this __ ,2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Malo, CMC/AAE City Clerk By: Walter Barnes, Mayor APPROVED TO FOKM AND LEGALITY Rich Stringer, City Attorney HOME OF PEUCAN LS'LAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: City Council Appointments of Budget Review Advisory Board Members Exhibits: Current Member List, Code Language Agenda No. ~/. O~ 7 Department Origin: Ci~ Clerk Date Submitted: 3/21/01 For Agenda of: 3/28/01 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Code of Ordinances Section 2-223 outlines the annual appointment process for the Budget Review Advisoq/Board members. I have attached a copy of the member list from last year. Mayor Barnes' and Councilmember Hill's appointees will serve until 3/2002. Councilmembers Barczyk, Bishop and Majcher must each name one appointee by the April 11, 2001 Regular Meeting. We will run a press release for two at-large members who will serve one year terms. Those applications will be brought to you at the same meeting for appointment. Although the Code requires appointment at the first regular meeting after the election, I have checked with the Finance Director and he informs me that there is more than sufficient time before the board needs to meet. Please have your three appointees submit an application form to the Clerk's office one week prior to the April 11, 2001 meeting and remember that all City board members must be City residents. CITIZENS BUDGET REVIEW ADVISORY BOARD The Citizens Budget Advisory Review Board is comprised of 7 members, 5 of whom are individual Council appointees, and 2 of whom are appointed by Council at-large. The 5 members appointed by Council serve the same term two year term as the Council member who appointed them and the 2 at-large members serve one year until the next election. For this year alone, two Council appointees will serve only one year. ADVISORY COMMITTEE MEMBER DAVID FOLKENiNG 115 LARCHMONT TERRACE SEBASTIAN, FL 32958 589-3083 HERBERT MUNSART 1464 SEAHOUSE STREET SEBASTIAN, FL 32958 589-3375 LARRY NAPIER 163 HARRIS DRIVE SEBASTIAN, FL 32958 388-2070 GENE RAUTH 732 CLEVELAND STREET SEBASTIAN, FL 32958 388-9403 DAVID FOSTER 943 BLOSSOM DRIVE SEBASTIAN, FL 32958 589-1553 RICHARD S. SMITH 787 CARNATION DRIVE SEBASTIAN, FL 32958 388-6142 SARA MARSHALL 825 BAILEY DRIVE SEBASTIAN, FL 32958 589-5139 APPOINTED BY TERM COUNCILMEMBER BISHOP 4/99 - 3/2001 COUNCILMEMBER BARCZYK MAYOR BAm'CES 4/99 - 3/2001 COUNCILME] dBER MAJCHER 4/00 - 3/2002 COUNCILMEMBER HILL AT-LARGE MEMBER 4/99 - 3/2001 AT-LARGE M 4/00 - 3/2002 4/00 - 3/2001 CITY MANAGER, TERRENCE MOORE IS AN EX-OFFi EMBER 2IO MEMBER 4/00 - 3/2001 BOARD SECRETARY: SALLY GRUNZWEIG § 2-213 SEBASTIAN CODE (d) Meetings. The meetings shall be at the call of the chairman, vice ..chairman 'or .as established by a majority of.the board at a meeting of the board. (e) Subcommittees. The advisory board may form subcommittees. (Ord, No. O:98-08, § 1, 5-13-98) 'See. :2-2i~1. Staff support. Th~ public works department ~hall provide staff support :to the SabaStian :'Recreational Advisory Board. (Ord No. O;98-08, § ,1, 5-13-98) Sees. 2~215-~2-220. ~Reserved; DMSION 4. BUDGET REVIEW "ADVISORY'BOARD* Sec. 2-~221. Established. There is hereby established' a citizens' budget review adviSOry board. The :bOard-shall .be composed ,Of.seVen :residents of the city. (Ord. No..:O-98-14, § 1, 10-14~98) Sec. 2-222. R~Sponsibilities. The board :shall assist.in'the city's budget.review'process and Shall make recommendations to'the city Council :prior to the first budget'hearing'for each fiscal year. '.In order'tO effectively advise't, he .city'counii!, the board shall become familiar.with the City's'budget'process and.shall review ~the .city's ,proposed budget and all reports submitted by .~ity .staff concerning 'the proposed 'bUdget: (Ord. No~ O:98-14, § 2, 10-14-98) Sec. 2.223. Terms of members. The city manager or his designee shall be an ex officiomember of the board and shall provide the board with all fmancial documents and materials which 'reasonably relate to the 'budget advisory responsibilities of the board. Each city council member shall appoint one member, of the initial board, and each initial member's term shall end at the same time as the term of the council member making the appointment; The city Council Shall appoint two additional members, who Will serve until the next election. Thereafter, each newly elected or re-elected *Editor's note--Ord. No. 0-98-14, §§ 1--3, adopted Oct. 14, 1998, did not specify manner of codification; hence, such provisions have been designated bY the editor as div. 4, §§ 2~221~2-223. Cross reference-Finance and budget, § 2-86 et seq. Supp. No. 17 CD2:32 ADMINISTRATION § .2-232 city council member shall, at the first regulax meeting after t~iri~g office, .appoint one board member, who.shall servefor a two-year term. _~ne city council, at the first regular meeting aider each election, shall .appoint two. additional_ board"members, who. shall~ serve for one-year.~erms. (Ord. ]qo.' 0-98-14, '§' 3, 10-14-98)- Sees. 2-224--2-230. Reserved. DIVISION 5. CHARTER REVIEW COMMITI~E 'Sec. 2.251. Appointment. The fifteen (15) members of the charter review committee, as established by section 5.03 of the City Charter, Shall 'be appointed in the following manner: (1) Eachmember.ofthe city council shalLappolnt two city residents to.the committee; and (2) The remaining five (5) members of the COmmittee .shall be .appointed by the council as a body in accordance with the general provisions for selection, of membership of.city boards and committees. The announcement .of the individual appointments, and-the selection of the at-large members, shall occur at the regalarly scheduled city council meeting immediately preceding April 15th of the years .designated in the City Charter for formulation of the committee. No less than one (1) month prior to the time the committee members are to be selected, the city clerk shall give notice and. advertise the openings in. the positions in accordance with section 2-169~.Applications for the at-large positions must be received no .later than ten (10)' days prier, the selection date. Members appointed by individual counci]_m__embers must submit a completed application'with the' cityclerk no later than one (1) week prier to 'the city council meeting a~ which the'formal appointment will be made, for inclusion in the city council agenda packet. There shall be no limit on the'number of times a resident may serve on this committee, nor shah a member of another city board or commitme be prohibited fxom concurrently serving thereon. (Ord. No. O-99-02, § 1, 4-14-99) Sec. 2-232..Operational procedures. The charter .review committee shall hold its organizational meeting at 5:30 p.m. on 'the Tuesday following formulation of its membership. At said meeting the majority of the members present shall'selec~ a chairman and a vice-chairman. The selection thereof, and the operations of the committee, shall be carried out in accordance with the established general procedures for boards and committees of the city. At saint organizational meeting, the 'committee shall establish the time and frequency of its meetings. Supp. Ne. 18 CD2:33 Subject: Resolution No. R-01-24 Communications Workers of America/ Collective Bargaining Agreement 4/0 -o9/8o/o3 ~ro fort ~~.ty ~Sub ' 'ty Manager ......... For Agenda off Agenda No. ~)/- O8~' Department Origin: Date Submitted: g-gg~-01 3-28-01 Exhibits: Resolution No. R-01-24 EXPENDITURE I AMOUNT BUDGETED: REQUIRED: N/A I N/A IAPPROPRIATION REQUIRED: N/A SUMMARY The proposed Resolution R-01-24 authorizes the City Manager to execute the Collective Agreement with the bargaining unit of the Communications Workers of America for a two and one-half year period, beginning April 1, 2001 through September 30, 2003. RECOMMENDED ACTION Move to approve Resolution R-01-24 authorizing the City Manager to execute the Collective Agreement with the bargaining unit of the Communications Workers of America for a two and one-half year period, beginning April 1, 2001 through September 30, 2003. RESOLUTION NO. R-01-24 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTFIORIZING 'CITY MANAGER TO EXECUTE COLLECTIVE AGREEMENT WITH BARGAINiNG UNIT OF THE CWA FOR TWO AND ONE-HALF YEAR PERIOD; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Communications V~orkers of America (CWA) is certified with the Florida Public Employees Relations Commission as the Bargaining Unit for certain employees of the City of Sebastian; and WltEREAS, the City of Sebastian and the Bargaining Unit have negotiated a new agreement supplanting and superceding the prior agreement and covering the period from April 1, 2001 through September 30, 2003; arid WHEREAS, the Bargaining Unit oflthe CWA has voted unanimously to ratify said Agreement; NOW THEREFORE, BE IT REsoLVED BY TIlE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized on behalf of the City to execute the attached Collective Bargaining Agreement between the City of Sebastian and the Communications Workers of America, AFL-CIO, as the employment agreement for the bargaining unit employees for the period from April 1, 2001 through September 30, 2003. Section 2. CONFLICTS. conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. immediately upon its adoption. All resolutions or parts of resolutions in This resolution shall take effect The foregoing Resolution was moved for adoption by Couneilmember The motion was seconded by Councilmember a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of March, 2001. and, upon being put into CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer' ~ity Att~ CITY OF SEBASTIAN and COMMUNICATION WORKERS OF AMERICA (LOCAL 3180) ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COMMUNICATION WORKER'S OF AMERICA (CWA) TABLE OF CONTENTS TITLE Agreement Preamble Union Recognition Management's Rights Bargaining Unit Representatives Dues Deduction Rights o£Employees No Strike Hours of Work/Overtime Seniority/Layoff/Recall Miscellaneous Paid Leave Sick leave Annual Leave Grievance Procedure Holidays Promotions, Transfers, and Adjustments Group Insurance Retirement Contribution Performance Evaluations Safety Disciplinary Action Sa y Substance Abuse Testing Uniforms Tuition Reimbursement Merit/Step Pay Plan Severability Term of Agreement 3 3 4 5 5 6 7 7 8 11 13 17 19 21 26 27 29 29 29 31 33 33 33 33 34 35 36 37 2 AGREEMENT Section Section 2 This Collective Bargaining Agreement ("Agreement") is entered into by the City of Sebastian, Florida ("City" or "Employer") and Communications Worker's of America, AFL-CIO, ("CWA"), and has as it~ purpose the promotion of harmonious relations between the City and CWA; the establishment of an equitable and peaceful procedure for the resolution of differences; and includes the agreement of the parties on the standards of wages, hours and other conditions of employment covered hereunder. Upon the effective date of this Agreement it shall supersede and supplant that certain Agreement between the parties dated S0ptember 9, 1998. Throughout this Agreement masculine gender pronouns shall be read to include feminine gender where appropriate. PREAMBLE Whereas, the intent and purpose of this Agreement is to maintain and further harmonious and cooperative labor management relations upon a constructive and sound foundation; Whereas, the cornerstone of this foundation is the mutual acceptance and recognition of the rights and obligations of both parties, in order that the joint responsibilities of the public employer and public employee to represent the public be fulfilled and the order and uninterrupted functions of government be assured; and Whereas, the City is engaged in furnishing essential public services vital to the health, safety, protection, and comfort of the residents of Sebastian; and ~ Whereas, both the City and its employees have a h~gh degree of responsibility to the public in so serving the public without interruption of these services; and Whereas, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to permit them to fulfill said responsibility; Now therefore, in consideration of the premises and promises set forth herein and the benefits and advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by reason thereof, and said parties hereby agree as follows: 1.1: ARTICLE 1 UNION RECOGNITION The City recognizes the CWA as being certified by the Florida Public Employees Relations Commission and as such is the sole and exclusive bargaining agent, for those full4ime and part-time hourly employees (excluding temporary employees) working within the unit, for the purpose of negotiating matters of wages, hours and other terms and conditions of employment. This list of job classifications may be mended from time to time. POSITION CLASSIFICATIONS Account Clerk I Account Clerk II Account Clerk III Administrative Assistant Administrative Secretary Assistant Golf Pro Benefits Specialist Building Inspector I Building Inspector II Building Maintenance Supervisor Cashier Cemetery Supervisor Clerical Assistant I Clerical Assistant II Code Enforcement Officer Communications Supervisor Communications Technician Computer Operator Construction Inspector Engineering Technician File Clerk Fleet Maintenance Supervisor Golf Course Cart Attendant Golf Course Starter Ranger Head Cashier Head Mechanic Human Resources Specialist Information Specialist Maintenance Worker I Maintenance Worker II Maintenance Worker III Mechanic Parks Foreman Parks Supervisor Records Retention Clerk Records Supervisor 4 2.1: 3,1: 3.2: 3.3: 3.4: 3.5: Roads and Drainage Supervisor Traffic Tee.mician Zoning Technician ARTICLE 2 MANAGEMENT RIGHTS The management of the City and the direction oft]he workforce is vested exclusively in the City subject to the terms of this agreement. Nothing in this Agteemem shall affect the fight of the City to determine the standards of service offered the public; to !maintain the efficiency of the City's operations; to determine the methods, means and personnel by which the City's operations are to be conducted; to direct the work of its employees; to hire, promote, demote, transfer, assign and retain employees in positions; to discipline, suspend or discharge employees for just cause and to relieve employees from duty because of lack of work; or to take any action, not inconsistent with the express provisions of this Agreement, necessary to carry out the mission df the City. All matters not expressly covered by the language of this agreement may be administered for its duration by the City in accordance with such policy or procedure as the City from time to time may determine. ARTICLE 3 BARGAINING UNIT REPRESENTATION The CWA, upon the presentation of Applicationl for Membership form (Appendix B) dues deduction, duly executed by the individual employees covered by this Agreement, shall be entitled to have such employees' membership dues or service fee deducted from their paychecks on a semi-monthly (twenty four (24) times per year) basis and remitted to the !CWA. As assignment of wages/dues deduction may be canceled by the employee on thirty (30) days !written notice to the City and to the CWA. The City agrees to provide suitable bulletin board Space on existing or new bulletin boards in convenient places for posting of official CWA notices. The parties agree that the usage of such bulletin boards will beto promote Employee-Employer relations, as Well as keep the members of the CWA informed of its representation activities. All notices shall be signed by a duly authorized CWA representative. Any other notices, including any notices containing information other than purpose, date, time and place, may be posted on the designated CWA bulletin board only with the approval of the Employer. The City will peaxnit the CWA to maintain an offidial mailbox at various work sites. The mailboxes will be provided by the CWA. Mall delivered to theSe mailboxes will. be delivered unopened. The City will allow the CWA a reasonable !opportunity to meet with new employees covered by the agreement at the conclusion of new employee orientation for the purpose of briefing the employee on this Agreement and the Bargaining Unit's programs and benefits. The CWA shall appoint one (1) bargaining unil member for each of the departments to represent the CWA as the Steward for all the bargaining unit ~nembers in those departments. The Steward shall be a regular full-time City employee on payroll status and shall be responsible for labor relations activities associated with the administration of this Agreement on a full-time basis. Furthermore, he or she shall be responsible for the coordinating and procegsing of grievances for all CWA members, and shall conduct activities to avoid overlapping or duplicating services of any other bargaining unit representative. These activities shall be conducted without disrupting the work of other City employees who are not directly involved. 3.6: The City shall grant, after the request for administrative leave has been approved by the affected department head, attendance at a regularly scheduled CWA convention and/or conference for regular full-time employees officially designated as CWA Delegates during any one (1) calendar year. Local Delegates shall be approved for not more than three (3) days administrative leave for attendance at such conventions and/or conferences, and such leave shall not be unreasonably withheld. 3.7 Additionally, employees who are duly elected CWA Stewards, Local CWA Bargaining Unit Officers, (President, Vice-President, Secretary and Treasurer), Local CWA Bargaining Unit Board Members (up to 3 such members per Local) and Executive Board Members shall be approved for not more than three (3) days administrative leave per calendar year to attend official CWA sponsored training classes. The names of such bargaining unit representatives will be provided in writing to the Department of Human Resources one (1) week after each bargaining unit election. In the event that there are name changes made to this list during the life of this Agreement, the Department of Human Resources shall be notified in writing within two (2) weeks of the effective date of such name changes. 3.8 When requesting leave under this Article, the CWA must adhere to the following procedures: Not less than ten (10) working days before the event for which leave is requested, the Bargaining Unit will provide to the Department of Human Resources a written request for the leave, indicating the event and the data(s) it will take place, the amount of leave requested and the names of employees for whom it is requesting administrative leave, noting their assigned department, and the capacity in which they will be attending the event. The Department of Human Resources will forward the request to the affected department head for approval. Such leave shall be approved subject to the operational needs of the City, but approval will not be unreasonably withheld. 3.9: Employees elected to any CWA office of the Bargaining Unit or selected by the CWA to do work which takes them away from their employment must request the approval from the City at least two (2) weeks in advance of such unpaid leave, and the request shall stipulate the time of such leave of absence. In no case shall such CWA business leave of absence exceed (3) three days. The leave of absence may be extended for an additional (3) three days by consent of the City in the same raanner as originally requested. Such approval shall not be unreasonably withheld. Under this section the bargaining unit member may use at their discretion either accrued annual, personal, or compensatory leave time. ARTICLE 4 DUES DEDUCTION 4.1: 4.2: Upon receipt of a stipulated lawfully-executed Assignment of Wages/Dues Deduction form, attached as Appendix B, fi.om an employee, the Employer agrees to deduct the regular dues of the CWA from the employce's pay semi-monthly. Such dues will be remitted monthly to the Secretary-Treasurer of the CWA Bargaining Unit. The CWA agrees to notify the Employer, in writing, at least thirty (30) days prior to the effective date of any changes in the regular dues structure. Revocation of dues will be processed through the CWA, but in the event of direct revocation, the CWA will be notified as soon as is practicable. 6 4.3: 4.4: 4.5 5.1: 5.2: 6.1: 6.2: 6.3: The CWA agrees to indemnify and hold harmless the Employer, its agents, employees and officials from and against any claims, demands, damages or muses of action (including, but not limited to, claims, etc., based upon clerical or accounting errors caused by negligence,) of any nature whatsoever, asserted by any person, firm or entity, based upon or related to payroll deduction of CWA dues. The CWA agrees to defend, at its sole expense, any such claims against the Employer or its agents, employees, and officials. The term "official" as used herein includes elected and appointed officials. Nothing contained herein shall require the EmPloyer to deduct or to otherwise be involved in the collection of delinquent dues, fines, penalties, ot special assessments of the CWA. An assignment of Wages/Dues deduction may be canceled by the employee upon thirty (30) days written notice to both the City and the CWA. ARTICLE 5 RIGHTS OF EMPLOYEES The City and CWA agree that bargaining unit members possess the fights set forth in Section 447.301, Florida Statutes, and are entitled to exercise these rights without interference, restraint, or coercion from any person, including CWA representation in any discussion between the employee and representatives of the City in which the employee has reasonable grounds to fear that the interview is investigatory and may result in disciplinary action being taken against the employee. CWA members are entitled to be represented by the CWA in grievances arising under this Agreement. They may also bring matters of individual concem.!not covered by this Agreement to the attention of City officials. ARTICLE 6 STroKE For purposes of this Article, "strike" is defined as the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning or coercing a change in the terms and conditions of employment or the rights, privileges or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement.I The CWA recognizes that strikes by public l employees are prohibited by Article 1, Section 6, of the Florida Constitution and Section 447.505, Florida Statutes. The CWA agrees not to authorize, instigate, or otherwise support a strike, as defined in Section 6.1 above. The CWA recognizes that it -- and all acting in concert with it -- shall be liable to the penalties set forth in Section 447.507, Florida Statutes, in the event ora strike in violation of this Article. 7 6.4: 6.5: 7.1: The CWA agrees that there shall be no strikes in accordance with Article 1, Section 6 of the Florida Constitution and Section 447.505, Florida Statues. In the event of a strike, slow up, work stoppage, or interruption due to informational pickets, the CWA shall promptly and publicly disavow such unauthorized conduct and to take all affirmative action legally available to prevent or terminate any strike which occurs in contravention of this commitment. This Agreement shall become null and void upon the occurrence of a CWA encouraged or sanctioned strike. For the purpose of this Agreement, informational pickets shall be allowed. Informational pickets shall not stop or discourage City employees from normal business. Informational pickets shall not encourage any type of act that would violate local ordinances, city, state or federal law, e.g, honking of horns, etc. ARTICLE 7 HOURS OF WORK AND OVERTIME Work Week: (a) The basic work week for regular full-time employees shall ordinarily consist of forty (40) hours per week, starting at 12:01 a.m. Sunday and ending at 12:00 midnight Saturday, unless otherwise specified or scheduled by the Department Head to meet particular requirements of an individual department. This provision shall not be construed as a guarantee or limitation of the hours to be worked per week. (b) The basic work week for regular part-time employees shall consist of those hours they are required to work by their Department Head or his designee. (c) Meal periods shall not be considered time worked. (d) Bargaining unit members will be entitled to a one (1) hour meal break which will be taken at the discretion of their immediate supervisor. Bargaining unit members will also be entitled to two (2) paid fifteen (15) minute work breaks, one in the morning and one in the afternoon. Bargaining unit members will be paid for an eight (8) hour day. Hours of Operation Administrative bargaining unit members hours of work are from 8:00 a.m. to 4:30 p.m. Monday through Friday. Non-administrative bargaining unit members hours of work are from 7:00 a.m. to 3:30 p.m. The hours of operation for both Administrative and Non-administrative bargaining unit members may be changed from time to time at the discretion of the Department Head. (e) The two fifteen. (15) minute work breaks will not be taken immediately before and/or mediately afar the meal break, and it must be used or lost. It cannot be used to make up for late arrival or for leaving work early. 8 7.2 7.3: (f) The City will make a good faith effort to find work for employees who want to continue working when adverse weather conditions do not permit outside work. If no work is available, and based on the employees job description, employees may use accrued vacation, personal, or compensatory time, (if earned) to leave work for the remainder of the day. Comrllt!lfications Division: (a) The basic work period for ali bargaining unit members assigned to the Communications Division of the Police Department shalll consist of the scheduled work period as described in Section 7.1, Section (a) of this ArtiCle. Such unit members shall be entitled to one (30) thirty minute unpaid meal break and two (2) fifteen (15) minute paid breaks per each eight (8) hour shift, to be taken at the discretion of their immediate supervisor. (b) The two (2) fifteen (15) minute paid breai~s are not to be taken consecutively or in conjunction with the thirty (30) minute meal break unless authorized by the employee's immediate supervisor. It is agreed by the parties thall the two (2) fifteen (15) minute breaks will represent compensable time. Meal breaks will not represent compensable time. Qvertime: i (a) (h) Overtime will be authorized only wh.m it is in the interest of the Employer and is the most practicable and economical way et'meeting workloads or deadlines. All authorized and approved time wor~ is considered overtime worked and sha times the hourly rate of the employee, one-half(l-l/2) hours for each hour we ~ in excess of forty (40) hours in any one workweek 11 be either paid at the rate of one and one-half (1 ½) or by compensatory time off at the rate of one and :ked over forty (40) hours. (c) (d) For the purpose of overtime computation, time spent by a bargaining unit member on any approved leave with pay will be considered as time worked. 1. Bargaining unit members who work overtime during a forty (40) hour week and use sick leave time within that forty hour week will be eligible for overtime pay. ~'The employee requesting compensatory time and having used sick leave during the forty (40) hour work week will earn the compensatory time at the rate of one and one-hail (1 aA) times the hourly rate of the employee. 1. If a bargaining unit member Ihas accrued earned overtime, h.e or she may elect, with the approval of the Department Head, to use compensatory time off rather than be paid for the overtime. A bargaining unit member may accrue up to a maximum of one hundred twenty (120) hours of compensatory time in any Fiscal Year of which eighty (80) hours may be carried over from year to yeari All compensatory time in excess of eighty (80) hours up to one hundred twenty (120) hours must be used in the same Fiscal Year it is earned (and by September 30th) or the remaining balance of unused compensatory time up to forty (40) hours will be converted to the bargaining unit members current hourly rate 9 7.4: 7.5: of pay and added to their last pay check in September. At the bargaining unit member's option they may request pay-out for all accrued compensatory time up to one hundred- twenty (120) hours eamed in any fiscal year. Accrued compensatory time will be converted to the bargaining unit members current hourly rate of pay and added to their last pay check in September. Written request for pay-out for all accrued compensatory time must be submitted by the first week in September of each fiscal year. Requests for partial accrued compensatory time pay-outs will not be considered. Bargaining unit member's wishing to use accrued compensatory time off must follow the same procedures as an employee wishing to take vacation time. In any situation, the bargaining unit member must receive prior approval to use compensatory time off except in emergency situations. The bargaining unit member's Department Head shall attempt to accommodate the desires of the employee as to the time off desired, work schedule and conditions permitting. (e) No bargaining unit member will be placed in a leave without pay status during the basic workweek in order to deprive him or her of the right to earn compensable overtime. (f) Bargaining unit members shall be required to work overtime when assigned unless excused by the Department Head. Any bargaining unit member who desires to be excused from an overtime assignment shall submit to their Department Head a written request to be excused. In the event that the Department Head cannot schedule a suitable overtime work force fi.om the complement of employees who have not requested relief from overtime, employees who have approved written relief requests on file will also be required to work overtime. If a bargaining unit member leaves the service of the City s/he will be paid for all accrued compensatory time at the bargaining unit members current hourly rate of pay to a maximum of one hundred twenty (120) hours if earned and not used in any one fiscal year. Call-Out When a bargaining unit member is called back to work after his or her normal work day, he or she shall receive a minimum of two (2) hours pay at the overtime rate. When a bargaining unit member is assigned to attend a scheduled City meeting to perform work after his/her normal work day, the bargaining unit member shall be entitled to a minimum of one (1) hour pay at the overtime rate, if applicable, and shift differential if appropriate. Travel time shall be included as time worked. Hours in excess of forty (40) hours per week will be paid at the rate of time and one-half (1 ½) the bargaining unit members regular hourly rate of pay. Shift Differenli~tl Any bargaining unit member who works either regularly scheduled hours or overtime hours that fall between 7 P.M. and 7 A.M. shall be entitled to a shift differential equal to five percent (5%) of their regular hourly rate of pay for each hour worked. The bargaining unit member must work a minimum of four (4) hours during the established hours set above before they will be entitled to receive shift differential. Any bargaining unit member who works less than four (4) hours will not receive shift differential for those hours worked. 10 7.6: 8.1: 8.2: 8.3: 8.4: The City will pay bargaining unit members the Florida State Statutes Meal Allowance for those members assigned a regular shift, who have comploted their shift, and who have to cover a full additional shift when staffhas a shortage and it was unexpected. ARTICLE 8 SENIORITY/LAY OFF/RECALL De,~finitions: (a) City seniority is the total cumulative length of uninterrupted regular full-time or regular pm-time employment of a bargaining unit member by the Employer, measured from the most recent date of regular employment by thy Employer, except as provided in Section 8.2 below. Classification seniority is the length of regular full-time or regular part-time service by a bargaining unit member in a job classification. (c) City and classification seniority shall apply for the purposes of layoff, vacation computation, service awards, or other matters based upon length of service. Accrual of Seniority: (a) Employees shall be placed in a probationary status for the first six (6) months of employment in any job classification. Probationary Omployees accrue no classification seniority until they become permanent regular employees, whereupon their classification seniority shall begin from the date of entry into the classificationi An employee who has completed his or her initial probationary period shall continue tom accrue City seniority notwithstanding subsequent probationary period(s) resulting from promotion to a different job classification. Any bargaining unit member who is on an unpaid leave of absence shall not accrue, nor shall they loose, seniority. Seniority accruali shall begin on the first day of the members return tO work. LQS$ of $~nliori~: Bargaining unit members shall lose City and classification seniority only as a result off (a) (b) (c) (d) (e) (f) voluntary resignation; retirement; discharge; ~ layoff for a period exceeding twelve months; absence from work without authorization; failure to return from military leave within the time limit prescribed by law; approved leave of absence without pay ~f one (1) year or more. Work For¢~ Aq!j~$tment andd~ay-off.: (a) When work force adjustment becomes necessary due to lack of work, shortage of funds, 11 (b) (c) (d) (e) discontinuance of operations, or the subcontracting out of City services, the Employer may lay- off employees. The CWA and the affected bargaining unit member(s) shall be notified in writing not tess than sixty 60 calendar days prior to the effective date of such lay-off. If the City fails to provide the employee(s) with a sixty (60) day written notice of lay-off, the City will pay the employee(s) the equivalent of twenty (20) days of pay. Such payment will be paid in two (2) bi-weekly increments. The duties performed by any laid-off bargaining unit member may be reassigned to other bargaining unit members already working who hold positions in appropriate classifications. No regular full-time bargaining unit member shall be laid-off while a probationary, part-time, or temporary employee remains employed in the same job classification. Permanent, regular full-time bargaining unit members who receive a notice of lay-off shall have the right, in accordance with their seniority, to transfer or downgrade (commonly known as "bumping") or to take the lay-off. Bumping shall only be permitted in the event of lay-off, in accordance with the following procedures: (1) Affected bargaining unit members shall have five (5) calendar days, from the date they are notified by management of the lay-o~ to notify management whether they desire to bump or take the lay-off. (2) Management shall explain the position that may be bumped within five (5) calendar days and explain the options to the affected bargaining unit member(s). Position classifications that are available for bumping will only be for the same grade or less than the bargaining unit members current position. If the bargaining unit member possesses the minimum qualifications for that position, and has greater City seniority than the present occupant of that position, the bumping shall take effect within five (5) calendar days from the date of the notification. If otherwise eligible, the bumped bargaining unit member may then proceed himself in accordance with Section 8.4 (d) ofthis article. In no event will a bargaining unit member bump another member in a higher classification. (3) In the event that two or more affected bargaining unit members have the exact same classification seniority, the bargaining unit member with the least City seniority will be laid offfirst. If both bargaining unit members have equal seniority, the bargaining unit member who applied for the position first will retain the position. This will be determined by the time/date stamp issued by Human Resources on the employment application when it was first received. (4) A bargaining unit member bumping to a different job classification shall be placed in a probationary period of six (6) months. If, in the opinion of the City, the bargaining unit member cannot satisfactorily perform the duties of the position to which the member has bumped, the bargaining unit member will be laid off. 12 8.5: 9.1: (0 (g) Ke~all; (a) (b) (5) A bargaining unit member bumping to a job classification which is lower than their present job classification will take a six (6%) percent reduction in pay and be placed on the pay scale td the closest step in the new job range. In no case will a bargaining unit member be paid more than the maximum rate of the lower classification. Probationary employees, shall have no bumping rights. An employee who is in a probationary status as of the date of notice of the lay-off, but who has previously achieved p~mJanent status in a lower job classification, may revert toi such lower classification for the purpose of exercising bumping fights. If the employee reverts to the lower classification, their pay is adjusted to the pay they previously held prior to the pr6motion. Permanent, part-time employees may ox~ly bump other part-time employees. Recall of laid off bargaining unit members shall be made in accordance with City seniority. Initial contact shall be made by phonei If no response is obtained, a certified letter, return receipt requested, to the bargaining unit member's last known address, shall be mailed. Laid-off bargaining unit members who desire lo be recalled shall keep the Employer continuously informed of their current mailing address, or lose their recall rights. Within three (3) working days after receipt, of a notice of recall, recalled bargaining unit members who desire to return t? work must notify the Employer and advise that they intend to return to work, or they will lose their recall rights. Recalled bargaining unit members must return to work fit fo~ duty within ten (10) working days of the receipt of a recall notice, or they will lose their recall rights. ARTICLE 9 MISCELLANEQI~S PAID LEAVE ~Death In Family: (a) With the approval of the Department Head, paid funeral leave, not to exceed five (5) consecutive working days (forty 40 hours), may be granted to a regular full-time or (twenty 20) hours for regular part-time bargaining unit member in the event of a death in the bargaining unit member's mediate family. For pu~oses of this provision, a "bargaining unit member's immediate family" is defmed as the m~mber's spouse, parent, step parent, child, step child, brother, sister, grandparent, grandchil4, father-in-law, mother-in-law, or any relative who is domiciled in the member's household. Funeral leave shall not be charged to annual leave, personal leave, sick leave or to compensatory time. Any absence in excess of five (5) days or forty (40) consecutive hours, in connection with approved funeral leave, will be charged at the bargaining unit member's discretion to accrued compensatory time, annual leave, sick leave, personal leave or, if no leave is accrued, to leave without pay. Said paid leave time shall be taken consecutively by the bargaining unit member. Within thirty (30) calendar days from the date the bargaining unit member returns to work from a death in the family, the bargaining unit member will file a copy of the death certificate of the deceased. Said death certificate will be 9.2: attached to a leave request form and forwarded to the Department of Human Resources for processing. Failure to produce a death certificate will result in the bargaining unit member reimbursing the City for any paid leave taken under this Article. Any bargaining unit member found to have falsified his or her application to use this time will be disciplined up to and including dismissal. It is understood that under certain circumstances the bargaining unit meanber will be unable to obtain a death certificate. In this event, in lieu of a death certificate, the bargaining unit member shall submit a newspaper account showing the death and the relationship of the deceased to the bargaining unit member and/or other appropriate criteria as deemed appropriate by the Director of Human Resources. (b) For non-immediate family funerals, bargaining unit members have the option to use accrued annual leave, compensatory time or personal leave, for the attendance of funerals. Bargaining unit members will supply theqr supervisor with written notification for this request in as timely manner as possible. The supervisor will make every effort to comply with the provision of this section. In the event that the bargaining unit member does not have any accrued annual, compensatory, or personal leave they may request to use sick leave. Court Leave/Jury Duty: (a) Bargaining unit members attending court as a witness on behalf of the City, any other public jurisdiction or for jury duty during their normal working hours shall receive leave with pay for the hours they attend court. The City of Sebastian Travel Policy will be used for travel expenses, excluding jury duty. (b) All bargaining unit members subpoenaed to attend court for work related reasons are eligible for leave with pay. Those bargaining unit members who become plaintiffs :or defendants are not eligible for leave with pay, unless the court appearance is a direct result of their employment. (c) Bargaining unit members who attend court or jury duty for only a portion of a regularly-scheduled work day shall report to their supervisor when excused or released by the court. (d) Bargaining unit members required to attend court or jury duty while on a scheduled vacation may be allowed to take court leave/jury duty instead of vacation leave for such period; provided the court attendance meets the requirements of this section. (e) Regular full-time bargaining unit members required to attend court or jury duty on a scheduled day off are eligible to receive up to eight hours pay, if required, at straight time. Bargaining unit members who seek to be excused from duty under this section shall present official notice of their subpoena or jury duty notice to their supervisor at least twenty-four (24) hours in advance of the scheduled time unless the bargaining unit member actually receives less than twenty-four (24) hours advance notice). Bargaining unit members who are required to be absent for either reason shall submit documentation to the Employer showing all days and hours of court leave/jury duty upon return to work. 14 9.3: 9.4: 9.5 9.6: (g) Consistent with existing City policy, the bargaining unit member shall remit to the Employer any and all compensation received for court leave/jury duty, excluding payment for travel and meals. Conference Leave: I The Employer may grant conference leave With pay, together with necessary travel expenses, for bargaining unit members to attend conferencesi schools, and similar events designed to improve their efficiency, if considered to be in the best interest of the Employer. All leave and expenses will be recommended by the Department Head subject to approval of the City Manager. And Medical Leave (a) (c) In order to provide for uninterrupted cOVerage of the bargaining unit member's position, the bargaining unit member will notify his:or, her supervisor as soon as possible once they have knowledge of need for medical leave statiflg the approximate duration of the leave. Bargaining unit members may request a leave of absence without pay in accordance with the Family and Medical Leave Act of 1993 (FMLA). l' When a bargaining unit member is Cetermined by his or her physician to be medically unable to perform their normal job duties, the member may utilize accrued sick, compensatory and/or annual leave during their absence in conjunction with FMLA Leave. Bargaining unit members may take a FMLA leave of absence without pay not to exceed ninety (90) days in a twelve (12) month rollingperiod for the birth or adoption of a child, to care for an immediate family member with a serious health condition, or the bargaining unit member's own serious health condition. Additional leave without pay may be granted by the Employer based upon demonstrated medical necessity. Military Leav~ The existing current City Policy pertaining to Military Leave will be followed for this Article. Leave Witl~o~g Pay (a) (b) The decision to grant a leave without pay (leave of absence) is a matter of management discretion. It shall be incumbent upon each Department Head to weigh and to determine each case on its own merits, including time Off for CWA business. A bargaining unit member may be granted a leave of absence without pay for a period not to exceed one (1) year for sickness, disability, or other good and sufficient reasons which are considered to be in the best interests of the City. (1) Such leave shall require th~ prior approval of the Department Head and the City Manager or his design0e. Before such leave of absence will be granted, the bargaining unit member l must exhaust all accrued vacation, compensatory and, if appropriate, sick leave. ~ (c) (d) (2) (3) (4) Voluntary separation from City employment, to accept employment outside of the service of the City, shall be considered an insufficient reason for approval ora request for leave of absence without pay. If for any reason a leave of absence without pay is given, the leave of absence may subsequently be withdrawn by the City Manager, and the bargaining unit member recalled to service. A bargaining unit member granted a medical leave of absence must submit a written Doctors note stating the length of time they will be out of work. In addition, the bargaining unit member must keep the Department of Human Resources advised of his or her current address at all times. A copy of this written status report will be forwarded to the City Manager. If a Doctor's note is not submitted, the bargaining unit member will be considered as on an unauthorized leave of absence and appropriate disciplinary action shall betaken. The bargaining unit member will be carried in a no pay status for all days that they are absent without medical authorization. (5) A bargaining unit member who obtains either part-time or full-time employment elsewhere while on an authorized leave of absence is required to notify his Department Head in writing within three (3) days of the acceptance of such employment or they will be terminated from City employment. (6) Failure to comply with the notification requirements will result in the bargaining unit member being dropped from leave of absence status, in which case he/she must return to duty or be dismissed. (7) At least two (2) weeks prior to the expiration of the leave of absence, the bargaining unit member must contact the Department of Human Resources in order to facilitate the reinstatement process. (8) Failure by a bargaining unit member to return to work at the expiration of a leave of absence shall result in mediate dismissal from employment with the City. Bargaining unit members may continue contributing to a deferred compensation program while on an unpaid leave of absence. Under no circumstances shall the City contribute any funds towards the deferred compensation program while the bargaining unit member is on an unpaid leave of absence. During the time the bargaining unit member is on leave without pay, the member will not accrue either sick nor annual leave and accrual of seniority is suspended until they return to regular duty. A bargaining unit member on an approved leave of absence may continue to participate in the group health insurance plan, provided that all necessary premium payments are made by the bargaining unit member. It is the bargaining unit member's responsibility to keep premium payments current. 16 9.7: 9.8: 10.1 (1) (2) The insurance premium payment must be made by the 20th of the preceding month in which the paymentl is do. If the payment is not made by 20th the of the preceding month in which it is do, coverage will be canceled as of the beginning of the delinquent period. If coverage is canceled during ~ approved leave of absence, it may be reinstated upon the bargaining unit member'ls return to active duty consistent with the plan's requirements. Eligibility: Only regular fill-time and m~gular pm-time bargaining unit members are eligible for the, miscellaneous paid leaves provided by this Article. All such benefits are personal to the bargaining unit member and shall not be transferable. Pers_0r~al Leave (a) Each regular full-time bargaining unit nember shall be entitled to three (3) days of personal leave per year which can be used as a floating holiday. Such leave is subject to Department Head approval. Probatirmary employee~ (new hires) will not be entitled to use Personal leave i time until they have eomplcted their si~ (6) month probationary period. (b) All regular part-time employees shall receive three (3) days of personal leave per year which can be used as a floating holiday. Personal leave days will be computed at one- half the rate of a regular full-time employee or four (4) hours. Such leave is subject to Department Head approval. l~ligibility: Temporary and seasonal employees are not eligible for personal leave. Part-time employees working less than forty (40) hours per pay period are not eligible for leave benefits. (c) Personal leave may be used in fifteen (15) minute increments. (d) Personal leave requires advance written request, except in emergency situations. ARTiC~LE 10 SICK LEAVE EligibiligdAc..crlt~l of Sick Leave: (a) Only regular full-time and part-time employees are eligible to accrue sick leave. Regular full- time employees will accrue sick leave atthe rate of ninety-six (96) hours per calendar year or 3.692 hours per pay period. Regular part-time employees will accrue sick leave at the rate of forty-eight (48) hours per calendar year!or 1.846 hours per pay period. Sick leave will accrue bi-weekly over twenty-six (26) pay periods. Part-time employees will accrue sick leave based 17 10.2: 10.3: on a forty (40) hour pay period. This is at one-half the accrual rate of a full-time employee. Part-time employees working less than a forty (40) hour pay period are not eligible to accrue sick leave benefits. Eligibility: 1 2. Temporary and seasonal employees are not eligible for sick leave benefits. New employees start to earn sick leave from their date of hire. Request for Sick Leave: Any bargaining unit member who is incapacitated and unable to work shall notify his/her immediate supervisor or designee within one (1) hour prior to his/her scheduled reporting time, except in an emergency situation. The bargaining unit member shall state lhe nature of his/her incapacitation, its expected duration, and the expected period of absence. The bargaining unit member shall repeat this procedure each day he/she is unable to report for work, unless excused by the Department Head. (b) If a bargaining unit member is absent from work in excess of three (3) consecutive days or longer due to an illness, the member must submit a doctor's note to the Department Head, or his/her designee, attesting to the employees ability to return to work with or without restrictions. Use of Sick Leave: (a) Sick leave may be used for the following purposes: (1) (2) 3) (4) (s) (6) (7) employee ill health or; medical, dental, or optical treatment required during working hours; quarantine due to exposure to infectious disease; employee ill health while on annual leave; in connection with Workers' Compensation; for death in employee's immediate family; and illness of an immediate family member requiting the employee to remain at home. (b) Whenever it appears that a bargaining unit member abuses sick leave, such as when a member consistently uses sick leave immediately upon its being accrued or before and after holidays or weekends, the member shall be required to furnish a doctor's note verifying that the member was medically unable to report to work on those days. Failure to provide such notice will result in no pay for the day (s) in question. (c) Sick leave may not be used for absences due to illness or injury sustained while engaged in outside employment. (d) Bargaining unit members may not use sick leave during their fa'st sixty (60) days of employment. If an employee resigns or is otherwise terminated during the first six (6) months probationaxy period, he/she will reimburse the City for ali sick leave used by deducting the cash equivalent of hours used from his/her final pay check. 18 11.1: 11.2: (f) Upon ten (10) years or more of continuous employment, a bargaining unit member is eligible, upon separation from the City, to be paid for a percentage of his/her accrued balance of sick leave up to a maximum of 280 hours. The percentage is as follows: 10 years to 14 completed years of service - 50% 15 years to 19 completed years of service - 75% Upon reaching twenty (20) years or more of continuous employment, a bargaining unit member is eligible to be paid for one-hUndred (100%) percent of his or her unused sick leave at their current rate of pay up to 280 hours and any additional unused hours in excess of 280 hours will be paid at the rate of 50% of the bargaining unit members current rote of pay up to an additional two-hundred (200) hours.! F~n~le: 280 hours at current rate of pay 200 hours at 50% of the current rate of pay Every bargaining unit member entitled lo sick leave benefits and who has been employed for one (1) full fiscal year and who does got take sick leave during a fiscal year (October 1 st through September 30th) shall be given c~ne (1) day's pay to be added to their paycheck during the first full pay period in December. Such bargaining unit member shall also be given his/her birthday off with pay, subject to the individual departments work schedule. If work requirements do not reasonably permit the bargaining unit member to take time off from work on his/her birthday, or if the birthday falls on a holiday or a regular day off, some other mutually agreed upon day near the bargaining unit member's birthday may be taken offwith pay. (g) leave, will retain their sick leave benefit a~ unit member is at the maximum vacation conversion process can not be allowed. Once a bargaining unit member accrues 480 hours of sick leave they may at their option convert fifty (50%) percent of any unused accrued sick leave in excess of 480 hours to annual leave on September 30 of each fiscal year. Bargaining unit members who elect not to convert their sick currently provided in the contract. If the bargaining accrual on September 30 of each fiscal year, the sick Eligibility: ARTICI ANNUAL .E 11 LEAVE Only regular full-time and regular part-time bargaining unit members are eligible'to accrue paid annual leave. Probationary employees will be allowed to USe accrued annual leave at the approval and discretion of their immediate Department Head or his/her!designee. Temporary or seasonal employees are not eligible for the accrual of annual leave. Rgte of Accm~ (a) Annual leave is earned on a pro-rata basis. The bi-weekly pay period is divided over twenty six (26) pay periods. Full-time employees will accrue annual leave based on their years of service with the agency. The accrual rate for regular part-time employees will be 11.3: at one-half the accrual rate ora regular full-time employee with the same number of years of service. Part-time employees who work a minimum of forty (40) hours per pay period will accrue annual leave. (see rate schedule below). To clarify the rate at which an employee accrues annual leave the following tables will be used. Eligibilily~ Temporary and seasonal employees are not eligible for annual leave benefits. Part-time employees working less than a forty (40) hour pay period are not eligible for annual leave benefits. Tgble # 1: Full Time Employees Length of Service 1 Year but less than 5 Years 5 Years but less than 10 Years 10 Years but less than 20 Years 20 Years and over Bi-weekly Accrual Rate 3.077 hours 4.615 hours 6.15 hours 7.69 hours Annual Leave ~iour~ El~rned 80 hours (10 working days) 120 hours (15 working days) 160 hours (20 working days) 200 hours (25 working days) Table #2 Part-Time Employees L~th of ~;~,rvice 1 Year but less than 5 years 5 Years but less than 10 Years 10 Years but less than 20 Years 20 Years and over Bi-weekly Annual Leave Accrual Rate Hours Earlier 1.54 hours 40 hours 2.31 hours 60 hours 3.07 hours 80 hours 3.85 hours 100 hours KequCst for Annual Leave (a) A request for annual leave shall be submitted, in writing, to the bargaining unit member's Department Head. (b) A request for leave shall not be granted if the bargaining unit member has no accrued balance of annual leave. (c) The minimum charge against the accrued annual leave balance is fifteen (15) minutes. Fifteen (15) minutes shall be deducted from a bargaining unit member's accrued leave balance for each minute, or part thereof, that a bargaining unit member is actually absent from his/her duty station. (d) Annual leave may not be taken in advance of its approval by the Department Head. In an emergency situation accrued annual leave may be used only with the approval of the bargaining unit members department head or designee. 20 11.4: 11.5: 12.1: (e) Except under unusual circumstances, Department Heads shall approve or disapprove a written leave request within five (5) Working days after receipt of said request. 1 (f) Annual leave shall not be used in adva4ce of its being earned. Use of Annua[Leave: (a) Annual leave may be used for the following purposes: (1) vacation; . (2) absences from duty for transa~ion of personal business which cannot be conducted outside of working hours; (3) religious holidays not designated as official holidays; (4) medical leave if sick leave balahce has been exhausted; and (5) any other absences not covered by existing leave provisions, at the discretion of the Employer. (b) Any bargaining unit member who l~eeomes ill while on annual leave may substitute accrued sick leave for annual leave for thc period of illness. The bargaining unit member must submit a written request to the appropriate Department Head along with, medical certification from the attending physician as to the rlature and duration of the illness. (e) Bargaining unit members will not bd allowed to carry over from one fiscal year to the next more than two (2) years' worth of aeemed annual leave. If during the year the bargaining unit member accrues more than two (2) years' worth of annual leave, they will have until the last full payroll period in the fiscal year to bring their time balances down to the two (2) year maximum. ! If the bargaining unit member does not bring the time balance down to the two (2) year maximum by the last full payroll period of each fiscal year, they will forfeit all hours iin excess of the two (2) year maximum carryover. Annual leave will continue to accrue beyand the limitations set forth above when a Department Head fails to grant annual leave when requested in writing by an employee under the provisions of this article. Proper documentation signed by the bargaining unit members department head will be forwarded to the Finance Department where it will be kept on file indicating the reasons for not granting the requested leave. Separation from.l~rgployment: UPon retirement, resignation, or other separatibn from City service, all regular full-time or regular part-time bargaining unit members shall be entitled to be paid for all of his/her unused accrued balance of annual leave at the rate of pay received by the bargaining unit member on his/her date of separation. ARTIC]~E 12 GRIEVANCE pROCEDURE The procedure set forth in this Article shall be the exclusive method for resolving CWA and employee grievances. Grievances are defined asi disputes concerning the interpretation or application 12.2: 12.3: 12.4: by the Employer of the terms of this Agreement. Oral reprimands and written counseling memo's are not grievable. Most grievances arise from misunderstandings or disputes which can be settled promptly and satisfactorily on an informal basis at the immediate supervisor level. The Employer and CWA agree that every effort will be made by management and by the grievant, or grievant's, to settle grievances at the lowest level possible. General Provisions: (a) All references to days in this procedure are to calendar days. If the last day of any applicable time period is a Saturday, Sunday or holiday, the deadline is automatically extended to the close of business of the next working day. (b) Time is of the essence in this procedure. Although any time limit may be extended by mutual written agreement of the grievant or the CWA and the Employer, the failure of the grievant or the CWA to observe the applicable time limit shall constitute an abandonment of the grievance, absent a mutually agreed extension. l~r0~edure: Within seven (7) days of the incident giving rise to a grievance, the grievant shall explain and discuss the grievance orally with his or her immediate supervisor, who may call higher level supervision into the discussion in an effort to achieve a prompt satisfactory adjustment. The mediate supervisor will notify the bargaining unit member of his/her decision within seven (7) days of the date of the discussion with the bargaining unit member. If the grievant is not satisfied with the immediate supervisor's decision, or if no decision is communicated to the bargaining unit member within the allotted time period, the bargaining unit member may appeal to Step 2 within seven (7) days of the due date for the Step 1 decision. Step 2 is initiated by the bargaining unit member filing with his Department Head a written grievance on the standard grievance form, attached as Appendix C. The Depar~aent Head shall schedule a meeting with the bargaining unit member within seven (7) days of the submission of the written grievance. Within seven (7) days after the Step 2 grievance meeting, the Department Head shall issue a written decision concerning the grievance. If the grievant is not satisfied with the Department Head's decision, or if no decision is issued within the time allotted, the grievant may appeal to Step 3. Step 3. Within seven (7) days following the date of the Step 2 decision or the date on which it was due, whichever is earlier, the grievant may file a written appeal to the Human Resources Director, attaching all applicable grievance documents. A grievance meeting shall be scheduled within seven (7) days following receipt of the Step 3 appeal. At such meeting, the grievant may present evidence and argument in support of the grievance. Within seven (7) days of the grievance meeting, or within seven (7) days of the receipt of the Step 3 appeal if no grievance meeting is held, the Human Resources Director shall issue a written decision conceming the grievance. 22 12.5: 12.6: Step 4. Within seven (7) days following the date of the Step 3 decision or the date on which it was due, whichever is earlier, the grievant may file a written appeal to the City Manager. The City Manager will review all pertinent information and schedule a hearing including due process for name clearing hearings and issue a decision within seven (7) days of the hearing or seven (7) days of receipt of the Step 4 appeal. If the issue falls within the range of minor disciplinary action, i.e., any discipline less than suspension without pay, the City Manager's decision shall be final and binding upon the Employer and upon the grievant. In all cases other than minor discipline and performance evaluations, if the grievant is not satisfied with the Step 4 decision, the CWA may invoke the arbitration procedure of Step 5. The CWA may invoke arbitration by sending written notice to the Employer within fifteen (15) days of the date the Step 4 decision is igssued or the date on which it was due, whichever is earlier. Invocation of arbitration by the CWA will not preclude settlement of the grievance at any time prior to the issuance of an arbitrator's award. The parties will attempt to agree upon a mUtually-agreeable impartial arbitrator. If, however, thi~ cannot be done within seven (7) days folloWing the Employer's receipt of the CWA's request for arbitration, representatives of the Employer and the CWA shall jointly submit a written request to the Director of the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) professional arbitrators. Upon receipt of the list, representatives of the Employer and CWA shall meet within ten ( 10 ) days and, beginning with the CWA, each shall alternately strike, one at a time, until only one (1) name remains on the list. The person whose name remains on the list shall be the arbitrator, and the parties shall jointly notify the arbitrator of his/her selection. Either party may object to all names on the list, provided that objection is made prior to the commencement of the striking process. If this happens, a second joint request for a list will be made. I All arbilrations arising under this Agreement shall be conducted in accordance with the following rules: (a) The arbitrator shall have jurisdiction and authority to decide a grievance properly before him. (b) The arbitrator shall have no authority to change, amend, add to, subtract bom, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. (c) The arbitrator may not issue declaratoryioptions and shall confine himself/herself exclusively to the question which is presented to him. The arbitrator shall not have the authority to determine any other issues not submitted to him. (d) Except in the case of termination as disciplinary action, the arbitrator shall not substitute his/her judgment as to the wisdom or the de~ee of severity of disciplinary action imposed on any bargaining unit member by the Employer. The arbitrator's inquiry shall be limited to whether the Employer possessed evidence of misconduct before imposing the discipline ultimately imposed. In the event of the arbitratlon of a grievance arising out of the discharge of a bargaining unit member, the arbitrator is empowered to either sustain the discharge or, if he/she does not, he/she is empowered to reinstate the bargaining unit member with or without back pay, in whole or in part, as the circumsmaces warrant. Any award of back pay shall be reduced by any unemployment compensation or iother compensation the bargaining unit member may have received. 23~ (e) (f) The fees and expenses of the arbitrator will be paid by the losing party. Each party shall bear the cost of its own witnesses and representatives. Any party requesting a transcript will bear its cost, unless otherwise agreed. Copies of the Arbitrator's award, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to the parties within thirty (30) days of the hearing, unless the parties mutually agree to extend the time limit, and shall be final and binding on both parties. 24 APPENDIX C GRIEVANCE FORM (Type or Print Clearly in Ink) NAME OF GRIEVANT: DATE GRIEVANCE OCCURRED: A. Give Article(s) and Sections(s) of Contract which Grievant claims were violated: B. State concisely facts relied on by Grievant: C. State relief requested by Grievant: Signature of Grievant Signature of Union Representative Date Submitted ARTICLE 13 HOLIDAYS 13.1: The following shall be paid holidays for all regular full-time and part-time employees of the City: 13.2: 13.3: 13.4: 13.5 New Year's Day Martin Luther King Jr. President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Day Christmas Day Generally, when a holiday falls on Saturday, the preceding Friday will be observed as the holiday. When a holiday falls on a Sunday, the following Monday will be observed as the holiday. However, on occasions, another day of observance may be more appropriate; in such instances, the City Manager will establish the date and will notify all bargaining unit members in advance. No regular full-time or part-time bargaining unit member shall receive pay for a holiday unless he/she is in an active pay status or actually works his/her normal work schedule on the work day immediately preceding and the work day immediately following the day on which the holiday is observed. For purposes of this Article, "active pay status" means any approved leave with pay. For holiday purposes, a holiday is defined as eight (8) hours for regular full-time bargaining unit members and four (4) hours for regular part-time bargaining unit members. Holiday time for regular part-time bargaining unit members will be computed at one-half the rate of a regular full-time bargaining unit member who works an eight (8) hour day. If a bargaining unit member works on the day of a holiday they will have the option of requesting overtime for the hours worked at the time it is earned or request compensatory time in lieu of pay. The bargaining unit member must notify their immediate supervisor in writing of their option no later than the last work day before the holiday. If the option is not presented to the supervisor on or before the last work day before the holiday, overtime pay compensation will be used. lEligibilit~: Temporary and seasonal employees are not eligible for holiday leave time. Employees working less than forty (40) hours per pay period are not eligible for holiday leave benefits. 26 ARTICLE 14 PROMOTIONS~ TRANSFERS AND ADJUSTMENTS 14.1: 14.2: Any bargaining unit member who fulfills all applicable requirements for another classification with a higher rate of pay may be promoted to that position. Vacancies in positions above the lowest rank in any classification will be fflledl as far as practicable, by the promotion of current bargaining unit members. To this end, all promofibnal opportunities will be advertised in-house for ten (10) days. A bargaining unit member whose last performance rating was less than satisfactory is indigible for promotion. ~ a) When a bargaining unit member is promoted to a higher paid position, his/her new rate of pay shall be the minimum rate applicable to that position, if the bargaining unit members current salary is higher than the minimum rate for the position to which promotion is made, the bargaining unit member shall receive a one step increase in pay from his/her current rate of pay or the bottom of the new grade, whichever is greater. Subject to the approval of the City Manager, a greater promotional increase may be recommended by the Department Head. 14.3: b) When a bargaining unit member is adjusted to a lower paid position, he or she will take a one (1) step reduction in pay to the closest step in the new job range, but in no case will the salary be higher than the maximum rate for the lower classification. The'effective date of a bargaining unit members ditrnotion or promotion to a new job classification shall be the bargaining unit members new classificatlon anniversary date for the purposes of classification seniority determination. The bargaining unit m~ber must serve a six (6) month probationary period in the new job classification. If at any time during the probationary period, the bargaining unit member is found to be unqualified for the position or incompetent to perform the duties of the new position, he or she shall be returned to the position from which the transfer/promotion took place, provided that a vacancy exists. If no vacancy exists, the bargaining unit meanber shall be laid offin aceor~ce with the provisions of Article 8. 14.4: A bargaining unit member may be transferred between departments when a vacancy exists in the same classification which is presently unoccupied. Such a transfer does not affect a bargaining unit members pay grade, pay rate, or anniversary date, but is subject to the following conditions; (a) (b) (c) (d) The transfer must be approved by the affected Depamnent Heads and the City Manager. The bargaining unit member must sd'ye a six (6) month probationary period in the new assigned department. If at any time during the probationary period, the bargaining unit member is found to be unqualified for the position or incom@etent to perform the duties of the new position, he or she shall be returned to the position from which the transfer took place if there is a vacancy. if no vacancy exists, the bargaining trait member shall be laid off in accordance with the provisions of Article 8. The City and the CWA agree that When there is a critical need for a bargaining unit member to work (operate a piece of! equipment) in a higher job classification, such as 27 (e) (f) (g) a Maintenance Worker I filling in for a temporary period as a Maintenance Worker II or a Maintenance Worker II filling in for a Maintenance Worker III, the bargaining unit member will receive a 3% increase to their regular hourly rate of pay for each hour of work preformed at the higher classification. A temporary assignment means filling-in for an.other bargaining unit member who is on vacation, ill, has incurred a job related injury, on FMLA, in training or absent from work for any other legitimate reason. Temporary assignments must be for three (3) consecutive days or more. The bargaining unit member who is working in the temporary higher job classification will receive a 3% increase in pay for all time worked after the third consecutive work day in that assignment. Requests for any temporary upgrades must be submitted by the immediate Department Head identifying the need for this position being filled and must be approved by the City Manager. For temporary upgrades to higher positions to occur there must be an existing vacant position code for the bargaining unit member to fill. ~quipmmlk~¢bedule: 1) Maintenance Worker I - Will operate all equipment except, excavator, dozer, and long arm mower. 2) Maintenance Worker II - Will operate all equipment except for excavator and dozer. 3) Maintenance Worker III - Will operate all equipment. Effective October 1, 2001 all Maintenance Workers who are assigned to the Public Works Department, and as a result of their position classification requiring them to have a CDL license will receive a two (2%) percent increase added to their base pay. This will be a one-time adjustment to Grandfather-In all Maintenance Workers who are employed by the City prior to October 1, 2001. All new employees (Maintenance Workers) Who are hired after October 1, 2001 will not be eligible for the two (2%) percent increase. The Depadn,ent Head, with the City Manager's approval, may, in writing, assign a bargaining unit member to a supervisory job classification for a temporary period. The affected bargaining unit member working a period of five (5) consecutive work days or more shall receive an additional $1.50 per hour or the supervisor's pay, whichever is less. The bargaining unit member will be entitled to receive the salary increase for each day worked and all hours worked while in that temporary classification once the five (5) day minimum has been met. Bargaining unit members who are required to maintain a valid Commercial Driver License (CDL) will be responsible to pay the cost of the renewal of their own driver's license. The City will pay the bargaining unit member the difference between the base driver's license cost and the CDL License and any of the endorsements which the City requires of the bargaining unit member. 28 15.1: 15.2: 15.3: 16.1: 17.1: ARTICLE 15 GROUP INSURANCE During the term of this Agreement, the Employer agrees to pay the premium during the term of this contract to provide continued group insurance coverage to all regular full-time bargaining unit members. It is expressly understood by all parties that the Employer shall pay for any additional group insurance premium for cominUation of bargaining unit member coverage up to a maximum of $3,900 per year. In the event that group insurance premiums at any point during the term of this Agreement exceed the $3,900 maximum limit set, the City and CWA agree to re-open this section of Article 15 to seek alternate health coverage from another carrier. In the event that the premium rate for depender group insurance coverage increases, the Employer agrees to notify the CWA as soon as is practiCable. The CWA agrees that the Employer may, at its discretion, obtain substitute insurance coverage from another carder or require each covered bargaining unit member to contribute his pro rata share of the increased premium cost for dependent coverage, whichever may be applicable. In the event that the carrier increases the premium rate for dependent group insurance coverage the parties agree to abide by Section 15.3 of this Article. Any full-time qualified bargaining unit member who elects to participate in the group insurance dependent coverage option plan will pay fifty (50%) percent of the cost of the premium. Any additional supplemental insurance that is optional coverage to the bargaining unit member and that member elects to purchase such optional coverage will be paid for in total by the member. ARTICLE 16 RETIREMENT CONTRIBUTION Effective April 1,2001, the employer shall contribute an. amount equivalent to nine (9%) percent of a bargaining unit member's annual gross earningS into a deferred compensation program offered by the City. The nine (9%) percent contribution will be in addition to the bargaining unit member's annual gross earnings. This benefit will be prorated and paid bi-weekly over twenty-six (26) pay periods. This benefit will remain in effect for the life of this agreement. I~ligibility: Only regular full-time bargaining unit members are eligible for inclusion in the deferred compensation program. New employees are eligible for entry into this program as of the first day of the next full pay period following sixty (60) days from their date of hire. ARTICLE 17 PERFORMANCI~. EVALUATION The purpose of the City of Sebastian performance appraisal program is to provide a consistent practice of establishing written goals and evaluating the performance of the bargaining unit 17.2: 17.4: member. It is needed to help measure, improve, and reward bargaining unit member performance, to assist departments and the agency to meet their goals. Definitions: Annual Perfgr/nance Appraisal. The bargaining unit member's performance is appraised by the supervisor no later than the first day of the month of his/her classification date each year. The period of appraisal is the period of time since the bargaining unit member's last performance appraisal. Special Performance Appraisal. Special appraisals are performed by the supervisor any time during the year for special reasons; i.e. change in pay, promotion, transfer, reassignment, etc. Supervisors are to administer a bargaining unit member performance appraisal annually and special performance appraisals more often, as appropriate. The performance appraisal consists of evaluating previously agreed upon goals and objectives. The appraisal is to be used as a management tool to assist, motivate, and strengthen the bargaining unit member. Managers will also use the performance appraisal to help determine compensation, employee development and promotion. Where there is a difference of opinion conceming a performance appraisal between the supervisor and the bargaining unit member, the bargaining unit member will have the opportunity to express their differences in writing to the supervisor and the supervisor's evaluator. If the issue has not been resolved at this level, the bargaining unit member may activate the employee grievance procedure. Bargaining unit members rated unsatisfactory are not eligible for a step increase. Bargaining unit member's who receive an unsatisfactory rating for two (2) consecutive rating periods of any type may be terminated from employment for cause. Sta~aent of Philosophy: Both the City of Sebastian and the CWA believe that the purpose of the performance appraisal system includes the following: a) to clarify both management's goals for the position and the bargaining unit member's goals; b) to monitor the bargaining unit member's achievements and to review areas of needed improvement; to make recommendations for improvement and establish time frames to achieve the recommended improvements. to facilitate communication between supervisors and bargaining unit members about the members job duties and establish a framework for open, constructive feedback; d) to encourage and develop time line plans for bargaining unit member development, growth and improvement. 30 17.5: Enlplovee Appraisals: 17.6: 18.1: 18.2: Performance appraisals for each bargaining unit member shall be submitted once each year using a City of Sebastian performance evaluation form. Bargaining unit members shall be evaluated by their appropriate administrator/supervisor. Bargaining unit members shall be given a minimum of three (3) work days notice prior to the evaluation 'meeting. At the time of such appraisal, the bargaining unit member's specific job duties, job description, and ~erformance_ shall be reviewed by both the bargaining unit member and the supervisor to discuss patterns of performance for the past year and expectations or recommended plans for improvement for the Upcoming year. Each bargaining unit member has the fight to add written comments regarding the perf6rmance appraisal on the performance appraisal form, at the time of any .review, and subsequently if any changes are made. The bargaining unit member's signature on the performance appraisal form signifies that the performance appraisal has been reviewed with the bargaining unit member, but does not signify that the bargaining unit member agrees with the appraisal. Each bargaining unit member shall have the right to see any changes, deletions, or additions to the performance appraisal made by the immediate supervisor, a higher supervisor, department head, or administrator. Such changes shall be discussed with the bargaining unit member. The bargaining unit member shall be provided with a copy of the completed performance appraisal once it has been signed by all parties in the chain of command. The performance appraisal shall be placed in the bargaining unit member's official personnel file. ! Any appraisals which are not in the official file shall not be part of the official record of the bargaining unit member in considering discipline or furore performance reviews. Bargaining unit members have the fight to review their official personnel file upon and with proper notification. Under no Circumstances shall supervisors use the performance appraisal as a substitute for disciplinary action. Prohatig~ary Period: Each bargaining unit member selected to fill a vacancy for a continuing position or a temporary posted position shall serve a probationary period (as stated in Article 14) which is an extension of the selection procedure. The probationary period is to give the bargaining unit member an opportunity to demonstrate his or her ability to perform the duties of the position. The City may extend the probationary period for up to six (6) months beyond the classification date in order to allow the bargaining unit member the oppommity to correct deficiencies in his or her Performance. Any absences without pay and absences covered by Worker's Compensation shall automatically extend the probationary period in accordance with Article 8. ARTICLE 18 SAFETY The City and the CWA agree to cominue meeting with the established Joint Safety Committee to ensure continuing, on-the-job safety in tl~e performance of public services. The Committee shall be chaired by the City Manager, or his deslgnee, and up to three (3) members will be selected by the City Manager and up to three (3) members ~elected by the CWA. The Safety Committee shall meet regularly, as it may determine, to consider methods of maintaining and improving job-related safety. The Committee shall make recommendations by a majority vote for safety 31! 18.3: 18.4: 18.5: 18.6: 18.7: 18.8: maintenance and improvement, which shall be given due consideration by the Employer. Written response must be made by the City Manager to the committee within twenty calendar (20) days of receipt of any written requests made by the Safety Committee. Such requests will be approved by the majority vote of the Safety Committee prior to being submitted to the City Manager. The Employer and the CWA recognize the mutual responsibilities of management and bargaining unit members to promote a safe work place and agree to cooperate in maintaining City equipment and facilities in safe conditions. The Employer agrees to make copies of the City Safety Manual available to all bargaining unit members to review. Any bargaining unit member who as a result of an act or by way of their own negligence and/or in violation of established safety standards and policy of the City causes damage to, or destruction of, property of the City without substantial justification or excuse shall be subject to disciplinary action, up to and including termination. Additionally, the bargaining unit member may be liable for up to the full cost of replacement or repair of the damaged or destroyed property. The provision of Article 19, Section 19.1. will apply. Safer'7 Glasses: With the prior approval of the bargaining unit members Department Head, the City shall pay for one (1) pair safety glasses. Where prescription safety glasses are needed, the bargaining unit member, in conjunction with the City's Vision Care Plan, shall receive an eye examination not more than once every twelve (12) months. The bargaining unit member shall pay the deductible to the doctor for the eye examination. The City shall pay for the cost of the first pair of safety frames and safety lenses for those bargaining unit members required to wear prescription safety glasses not to exceed one hundred ($100) dollars. The City will also pay for the replacement of safety lenses due to on the job breakage or prescription changes, as needed. An incident report must accompany this request which details how the breakage ocourred. The report must be signed by the bargaining unit members immediate supervisor before being submitted. If the breakage was a result of the bargaining unit members negligence, the member will pay the full cost of the replacement. Additionally, the bargaining unit member may be liable for up to the full cost of replacement or repair of the damaged or destroyed property. The provision of Article 19, Section 19.1 will apply. Worker's Compensation: The City's policy regarding Worker's Compensation that is currently in effect will be followed for the life of this Agreement. Work B oots/Shoes: The City will provide those bargaining unit members required to wear safety boots/shoes as a part of their job function one hundred ($100) per fiscal year. This will become effective October 1, 2001, payable to the bargaining unit member the first full pay period in October of 32 each year. Any bargaining unit member receiving this benefit will be required to wear the safety boots/shoes at all times while performing their City job functions. (b) The City will also pay for the replacement of safety boots/shoes due to on the job damage mused as a result of an accident. An incident report must accompany this request which details how the damage occurred. The report must be signed by the bargaining unit members immediate supervisor before being submitted, If the damage was a result of the bargaining unit members negligence, the member will pay the full cost of the replacement and may be subject to disciplinary actions as stated in sectiOn 18.5 of this Article. If the bargaining unit member provides medical documentation signed by an attending physician stating that they cannot wear the safety boots/shoes due to a medical condition they will not be required to wear the safety boots/shoes. The bargaining unit member will also be exempt from the benefit provision as stated in section 18.8 (a) of this Article and will not receive the $100 annual disbursement for safety boots/shoes. ARTICLE 19 DISCIPLINARY ACTION 19.1: Disciplinary action may be taken against any employee for just cause. ARTICLE 20 SAL/kRY 20.1: Eligible bargaining unit members shall receive a 1% COLA increase to their current step effective April 1,2001. 20.2: Effective the first full pay period after October 1, 2001, the City will provide all bargaining unit members with a pay increase of three (3%) percent added to their base salary, i.e., excluding longevity, supplemental or any additional pay. 20.3: Effective the fast full pay period after October 1, 2002, the City will provide all bargaining unit members with a pay increase of four (4%) percent added to their base salary, i.e., excluding longevity, supplemental or any additional pay. ARTICLE 21 SUBSTANCE ABUSE TESTIN(~ The City' s Policy regarding Substance Abuse Testing that is currently in effect will be followed for the life of this Agreement. ARTICLE 22 UNIFQRMS 22.1: The City shall provide and maintain uniforms to all members of the bargaining unit who are required to wear them. 22.2: 22.3: 23.1: 23.2: if a bargaining unit member is provided work boots/shoes and the bargaining unit member does not complete the six (6) month probationary period for any reason, the cost of the work boots/shoes shall be deducted fi'om bargakfing unit members last pay check which wild reflect the actual expense incurred by the city for the purchase of the work boots/shoes. Additionally, all issued uniforms and equipment must be returned to the City. Failure to return issued uniforms and equipment will result in the bargaining unit member paying for the actual cost incurred by the city for the purchase of said uniforms. Any bargaining unit member assigned a uniform will be required to wear the uniform at all times while performing his or her job functions. The City uniform shall not be worn at any other time or for any other reason. ARTICLE 23 TUITION REIMBURSEMENT The City desires to help its bargaining unit members in their jobs by paying for business-related courses up to the limits of available funds for education during their off-duty hours. Therefore, the City's Policy regarding Tuition Reimbursement will be followed for the life of this Agreement. The following guidelines will govern tuition reimbursement: Eligibility: Open to regular full-time bargaining unit members who have been employed by the City for at least one (1) year. A bargaining unit member desiring to participate in the City's Tuition Reimbursement Program should submit an application to his or her Department Head at least fifteen (15) days prior to the starting date of the course. If the Department Head recommends the course, the recommendation will be forwarded to the City Manager or his designee for final approval. Approved training:. Approved courses must directly relate to the bargaining unit member's current assignment which will improve his or her skills, knowledge and ability to perform his or her duties and will increase his or her potential for promotion. Such determination will be made by the Department Head and the City Manager or his designee. Such courses must be offered by an approved technical or trade school or an accredited college or university. Attendance at these courses must be during non-working hours. Rqcipients of scholarships: Any bargaining unit member receiving a scholarship or grant for education will not be eligible for tuition reimbursement. Service Requirement: Bargaining unit members participating in the Tuition Reimbursement Program agree to remain employed with the City for a minimum of two (2) years following completion of the course(s). If the bargaining unit member voluntarily leaves the city service or is terminated for just cause prior to reaching the two (2) year requirement, he or she must reimburse the total cost of the tuition back to the City. ~.rade Requir~10~n~: Successful completion of training must be accomplished through a grade "C" (2.0 average) for each course or better before reimbursement will be made. In courses which are offered on a "pass" or "fail" basis, a pass grade must be earned for reimbursement. 34 24.1: 24.2: 243: 24.4: 24.5: 24.6: 6. Reimbursement: Upon the succ~sful completion of approved training, an original or a certified copy of the bargaining unit member's grades, along with proof of his or her payment of tuition such as a canceled check or receipt, will be submitted to the respective Department Head. Such documentation will be forwarded to the Finance Department for reimbursement. Transportation for such educational courses will be provided for by the bargaining unit member, unless such training is mandated by the! City. 7. Maxirnu~o Reimbu~Ilo~gt. The maximum tuition rate to be reimbursed for college-level courses is that established annually by the State Legislature. Should a bargaining unit member choose to attend a private school, he or She is responsible for paying the difference in tuition. Additionally, bargaining unit members will be authorized to take no more than two (2) classes per semester. ARTICLE 24 MERIT/STEP PAY PLAN New bargaining unit members who at the end of the initial probationary period, and after six (6) months from their date of hire (new employee only), will be eligible for a one-step increase, after receiving a satisfactory performance evaluation based uponi satisfactory completion of work performance. Annually on the date of classification, the baegaining unit member will be eligible for a one-step increase, upon reedpt cfa satisfactory performance appraisal of work performance. This will continue annually until the bargaining unit member reaches the maximum pay for his/her classification. If the recommendation for an increase is for one-step, justification is stated on the performance evaluation and the pay increase will be implemented on the first full pay period following the bargaining unit member's classification date. , In rare cases a Supervisor or Department Head may make a recommendation for a two (2) step increase. When this occurs the performance evaluation and justification (supporting documentation) for the greater increase will go before the City Manager. The City Manager will review the information and either accept or ~ect the recommendation. The Department Head will be notified of the City Manager's decision and he/she will be responsible for informing the affected bargaining unit member. Note: Examples of supporting documentation would include letters of commendation from supervisors, department heads or citizens, being considered for or selected as an employee of the quarter and any other documentatiOn that would help justify a two (2) step increase. If the City Manager rejects the recommendation, then a one-step increase is given. The Department Head can request another review in ~ (30) day~ to convince the City Manager to approve the special merit increase. The City Manager s decision will be final in all requests for a two (2) step increase. If a bargaining unit member changes job claSsifications, his or her job classification anniversary date will change, effective the date of the promotion or demotion. Probationary bargaining unit members are not eligible for promotion for six (6) monthS, or until such time that they are off probation. 35 24.7: Longevily Pay: Longevity pay will be awarded according to the following: 25.1: 25.2: Bargaining unit members, after having completed ten (10) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay the first full payroll period following their ten-year anniversary date. Bargaining unit members, af~ having completed fifteen (15) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay the first full payroll period following their fifteen-year anniversary date. Bargaining unit members, after having completed twenty (20) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay the fn'st full payroll period following their twenty-year anniversary date. Bargaining unit members, after having completed twenty-five (25) years of continuous service with the City, will receive an increase in their base pay of seven and one-half (7.5%) percent. The seven and one-half percent increase will be added to their base pay the first full payroll period following their twenty-five-year anniversary date. Said adjustment(s) will be based on the bargaining unit members original date of hire regardless of the salary pay step the bargaining unit member is in at the time he or she attains the required number of years. Bargaining unit members in a pm-time or temporary status at the time of their relevant anniversary date will not be eligible for longevity increases. Those bargaining unit members who have received a longevity increase in their ninth (gth) year will not be eligible for the ten (10) year longevity increase. ARTICLE 25 SEVERABILITY If any Article of this Agreement (or any Section thereof) should be found invalid, unlawful, or not enforceable by judicial authority or by reason of any existing or subsequently enacted legislation, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. In the event ofthe invalidation of any Article or Section of this Agreement, the City and the CWA agree to meet within thirty (30) working days to discuss replacement of such Article or Section. 36 ARTIC~ LE 26 TERM OF AGREEMENT This Agreement provision shall commence on April 1, 2001 subject to ratification and Council vote, and mn through September 30, 2003. Any new benefits under this iAgreernent that do not have a specified effective date shall be instituted October 1, 2001. In witness whereof, the parties hereto have entered into this Agreement on the ~ day of march 2001. COMMIJNICATIONS WORKERS OF AMERICA Local 3180 CITY OF SEBASTIAN~ FLORIDA Gary McAllister CWA Representative Terrence Moore City Manager Steve DiTr~pano CWA Vice President Rich Samolewicz Director of Human Resources Mark Veidt CWA Chief Steward ATTEST: APPROVED AS TO FORM: Sally Malo Rich Stringer city Clerk City Attorney City of Sebastian, Florida Subject: Resolution R-01-21 Skate Park Facility Rates and Hours of Operation Agenda No. L /.OII Department Origin: Finance (~---'-' Date Submitted: March 20, 2001 For Agenda of: March 28, 2001 Exhibits: * Resolution R-01-21 Example of Fee Schedule and Waiver · Example of $20.00 Punch Card EXPENDITURE AMOUNT BUDGETED: REQUIRED: N/A N/A APPROPRIATION REQUIRED: N/A SUMMARY In anticipation of the opening of the Skate Park Facility on the grounds of the Barber Street Sports Complex, we are presenting a schedule of rates and hours of operation via resolution. The schedule of rates, while short is designed to recoup a portion of the investment in operating expenses, maimenance, and personnel costs of the facility. The rates, following due diligence in researching other facilities and their operations, are reasonable to the extent that they should provide the necessary reimbursements for these expenses. While it is unknown what the actual revenue results will be, we have determined from researching other locations, that this fee for the size of the facility is reasonable. The hours of operation are patterned after other skate facilities in the surrounding areas, one schedule for when school is in session, and one schedule for the summer months. During the hours when school is in session, the facility will be open 47 hours a week. During the summer months, the facility will be open 82 hours a week. Staff believes these are good hours for the safe operation of the facility. RECOMMENDED ACTION Move to adopt Resolution R-01-21, establishing rates and hours of operation for the Skate Park Facility. RESOLUTION NO. R-01-21 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO HOURS OF OPERATION AND FEES AT THE SKATE PARK FACILITY; PROVIDING FOR cONFLICT; PROVIDING AN EFFECTIVE DATE. WItEREAS, the City is in the process ofbuildingi a Skate Park Facility on the grounds of the Barber Street Sports Complex; and : WHEREAS, it is necessary to establish hours of Operation and fees to be charged for the purpose of maintaining the facility and to subsidize the cost ofpersomUel; NOW, THEREFORE, BE IT RESOLVED BY TggF~ CITY COUNCIL OF CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. RATES. Commencing with the >pening of the Skate Park Facility on the grounds of the Barber Street Sports Complex, the rates shall be as follows:! $3.00 per skater, per day $20.00 punch ca~d for 10 skates (Purchased at the skate park)' Section 2. HOURS OF OPERATION. The hour~ of operation shall be as follows: SEASON (Summer Months) Monday- Saturday Sunday 10:00 a.m. to 10:00 12:00 p.m, to 10:00 p.m. OFF SEASON (When School lis in Session) Monday - Friday 4:00 p.m. to 9:00 p.m. Saturday Sunday 10:00 a.m. to 10:00 p.m. 12:00 p.m. to 9:00 p.m. Section 3. REPEAL. All Resolutions or parts of Resolutions in conflict herewith are repealed. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon passage, and continues in effect unless changed by Resolution of the City Council of Sebastian, Florida. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Waker Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councihnember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of March, 2001. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: By: Mayor Walter Barnes Rich Stringer, City Attorney $3.00 per skater, 'per day * $20.00 punch chard for 10 skates Purchased a~kate Park or Recreation Department A notarized waivcr must be completed prior to using th~ Barber Strut Sports Complex. Skate Park. Notary sorv/ces are usually available at the Skate Park Or Recreation ,Center during open hours. Completed waivers can be turned in at the Skate Park or mailed to thc City of Sebastian Parks and Recreation Department, 1225 Main Street, Sebastian, Florida 32958. ( ) Skaters Nane Parents Nmnc Home Phone Numb~ Street Address Emer~nc7 cont~t person (other than pa~ent) Physician's N/LU~ City State Zip ' Emergency Phone Number Physician's Phone Number RELEASE, HOLD HARMLESS AND INDEMNFICATION AGREEMENT CHOOSE ONE [--I I, , hereby certify that I am over the age of eighteen (18) years of age and ara of sound mind and memm7 at the time of the ex~cutipn o this Release. ]--I I/We, , the'parent(s)/!egal guardian(s) of , whose birth date ts , (hereinafter "minor), hcrehy certify that I am/We are over the age of eighteen (18) years of age, am/are of sound mind and memory at thc time of the execution of this Release. WHEKEA8, the City of Sebastian (herinafter "CITY") Ires made available a skate park for skateboarding and rollerblading activities; and WHEREAS, the CITY agrees to allow me access to the skate park to participate in skateboarding and rollerbhiding activities in consideration of my exeeulaon of this Release and agreeing to be bound by its terms. NOW, THEREFOr, IN CONSIDERATION of being allowed to participate in such activities, I/We herby agr~ as follows: 1. I/We are aware of and fi~lly undm~stand the inherent dangers involved in participating in skateboarding and roll~rblading activities at slmt, parrs, including the risk of death and/or pemonal injury or danmge to myself, or if applicable the minor, other pors0ns and/or my or rite minor's property or the property of othars while participating in such activities or lmving my l~mperty, or if applimble, the minor's property, at fl~ site of such activities. I/We further admowledge that p~rticipants in sucl~ activities and other persons at the skate park may not be covered under insurance of th~ C2TY. l~e freely and voluntarily execute tiffs Release with such knowledge, and assume foil and sole responsibility for the risk of death, personal injury and/or property loss arising frmn or in any way connected with .my, or if applicable the minor's participation in skateboarding and .rollerblading activities at the 'skate park. 2. IF~Ve hereby release and forevetq discharge file CITY, its agents, ~auployees or independent contractors and their respective sureties, insults successors, assigns and legal representatiws, from any liability, claim, cause of action, demand and dmnagen for injuvy~ death or damages of any kind or nature whatsoever to me, or if applicable tlm minor's, property as a result of my or the minor's pordcilmfion in skateboarding and rollerblading activities whether such injury, death or property da~uag~ is caused by the intentional or negligent act or omission on the part of(i) any oth~r participant in skateboarding or rollerblading activities at file skate park, (ii) any employee, agent or independent contractor of the CH'Y, or (iii) any other person at the skate park. Farthermo~, I/We agree to pay any and all attorney's fees and costs of the CITY, and any of its agents, employees and independent contractors ff VWe bring any action, claim or demand against the CITY or any of its agents, employees and kudependent contractors for any reason for wldch fids Release applies. [Wh~n,~hool ,i~' in ~ie'esion:: Monday "- FridaY. 4.~m.gp,Ti ]Oarn- !Oom' ,Sunda~' , 1 ;~p.m - 9prn Summer:Mont~s _A,.'londaY .-_~a t_~..d_q~. 1C).-'lrn- t. Opm" ' i Sm~dn¥., : . .~ ,12pm - i Opm The City of Sebastian Skate Park is owned and operated by the City of Sebastian. The street course skating area is a cement bowl, which is 13,536 sq. ff. For additional information please call 3. I/We agree to indemnify and hold file CITY, its agents, employees and independent contractors, their sureties, insurers, successors, assigns and legal representatives harmless from any liability, claim, cause ef action, demand or damages for injtu-y, death or damages of any kind or nature whatsoever to any person or theft properly as a result of my, or if applicable the minor's paRieipmion in the skateboarding and rolle~blading activities. As a result of any actual or claimed intentional or wrongful act or omission by me, or ff applicable the minor, axising from or as a result of my. or ff applicable the minor's pres~tc~ at the skate park or my, or ff applicable the minor's participation in skateboarding and rollerblading activities. Furthermore. I/We agree to pay attorney's fees and costs for any persons covered herein for any action arising under tiffs Paragraph, wlicther or not such action is well founded. 4. I/We agree to and hereby bind my, or ff up. cable the minor's heirs, executors, assigns and all other legal repmsentatiws by =xucuting th.is Release. ~'-~ ? ~, 5. I/We hereby acknowledge and agree that fltls agree, merit,rs tntgoded to I~ construed and interpreted as broad and inclusive as permitted by rite laws of Florida. if any l~orti~'.o~ this Release is foand or declared to be invalid or uaenforeeable, such invalidity sl~l not affect file remainder of'~s Release not found to be invalid and the remainder of this Release shall remain in full force a~d effecf 6. BY EXECLTYflqG THIS RELEASE. I/WE ACKNOWLEDGE THAT I/WE HAVE READ TH. IS RELEASE, UNDERSTAND THE CONTEIx~S Iq3EREOF, HAVE BEEN ADVISED AND RAD THE OPPORTU~TY TO SEEK iNDEPElX~DEHT COLrNSEL OF MY/OUR CROICE AND CERTIFY THAT I/WE HAVE FREELY AND VOLUNTARILY EXECUTF~ TI-~S RELEASE. I FURTHER ACKNOWLEDGE THAT, BUT FOR THE EXECUTION OF THIS AGREEMENT AND AGRE.ER~G TO BE BOUND BY THE TERMS HEREOF, THE CITY WOULD NOT AWI~OR3ZE ME, OR IF APPLICABLE TIlE MI~OR, TO GAD,I ACCESS TO THE SKATE P/LEK /LRD PARTICIFATE ]Iq THE SKA'fF~OARDING AND ROLLERBLADING ACTIVITIES OF THAT FACIL/TY. 7. I/We agre~ to abide by all regulations that the CITY may impose regarding the operation and utilization of tlte skate park. EXECUTED this __ day of Signature Sitomture (other pareat/legal guardian) ~TATE OF FLORIDA COUNTYOF INDIAN P,.WER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforezald and in the Comity aforesaid to take acknowledgements, personally apl~ared , who ia/are personally known to m~, or who furnished the following forms of identification: Who executed tile foregoing instmment, and (s) he acknowledged before me that (s) he executed the same· WITNESS my haad and official seal ia the County. and State last aforesaid fids day of , __. Notary Public: Commission Expires: Subject: FDOT Joint Participation Agreement (JPA) Maintenance Facility & Equipment (Sebastian Municipal Airport) Te~~~ f°~anager Agenda No. t~]', IQ~ Department Origin: Date Submitted: 3-20-01 For Agenda of: 3-28-01 Exhibits: Resolution No. R-01-22 EXPENDITURE / AMOUNT BUDGETED: REQUIRED: [ JAPPROPRIATION REQUIRED: SUMMARY The City of Sebastian has received approval for funding for a total project amount of $112,500.00 with the State's funding share amounting to $90,000.00 for the construction of a maintenance facility and the purchase of equipment for the Sebastian Municipal Airport. The proposed Resolution No. R-01-22 authorizes the City Manager to execute the Joint Participation Agreement (JPA) between the City of Sebastian and the State of Florida Department of Transportation. RECOMMENDED ACTION Move to adopt Resolution No. R-01-22 authorizing the City Manager to execute a Joint Particpation Agreement (JPA) between the City of Sebastian and the State of Florida Department of Transportation for the construction of a maintenance facility and the purchase of equipment for the Sebastian Murdcipal Airport. RESOLUTION NO. R-01-22 A RESOLUTION OF THE CITY OF SEBASTIAN,. INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO EXECUTE PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Departmeni of Transportation has agreed to provide funding for a maintenance facility and related! equipment thereto for the municipal airport within the City of Sebastian; and i WHEREAS, the City of Sebastian agrees to certain conditions to such funding, including a twenty percent (20%) match of funds; NOW THEREFORE, BE IT RESO] CiTY OF SEBASTiAN, as follows: Section 1. AUTHORiZATiON. ~VED BY THE COUNCIL OF THE The City Manager or his designee is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 411094-1-94-01 on behalf of the City. Section 2. CONFLICTS. conflict herewith are hereby repealed. All resolutions or pans of resolutions in Section 3. EFFECTIVE DATE. This resolution shall take effect iinmediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of March, 2001. and, upon being put into CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney RESOLUTION NO. R-01-22 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO EXECUTE PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.. WHEREAS, the Florida Department of Transportation has agreed to provide funding for a maintenance facility and related equipment thereto for the municipal airport within the City of Sebastian; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding, including a twenty percent (20%) match of funds; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTitORiZATION. The City Manager or his designee is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 411094-1-94-01 on behalf of the City. Section 2. CONFLICTS. conflict herewith are hereby repealed. Section 3. All resolutions or parts of resolutions in EFFECTIVE DATE.' This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of and, upon being put into March, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian Florida Subject: Purchase of Tractor and Cutter For Airport Agenda No. Department Or~ Dept. Hepd~ ~(~,.~ Finance:~ ~ General Services~ Date Submitted: 03/22/01 For Agenda of: 03/28/01 Exhibits: Written Quotations on State Contract Price EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ 40,760.70 $ REQUIRED: $ 40,760.70 SUMMARY The Sebastian Municipal Airport would like to purchase a tractor and cutter for regular maimenance at the Airport. This request will allow the Airport to save approximately $12,000 per year in rental fees for mowing which are charged back to the airport from the Parks Department. We are recommending a purchase of a John Deere 5520 Tractor and a 1518 cutter and both can be purchased off state contract. The tractor cost on state contract is $32,388.30 and the cutter is $8,372.40. The Florida Department Transportation, Aviation section will fund 80% of the total cost, the remaining cost from contingency. of RECOMMENDATION Move to approve the purchase of a tractor and cutter from Jolm Deere in the amount of $40,760.70 and appropriate same. 03/12/01 06:27 FA~ 913 8349 11 i 45 Thompson Ave, Lexena, KS 662t 9 Phone: 913-310-8378 Fax: 913-310-8349 · Fa)( To: Fax: Phon~: [] Urgent Jason Milewski [Click here and type fax humbert MN State Contract Pri~ing [] For Review Fmm~ Tim Robins I Ag National Sales Date: March 12, 2001 - Pages: 2 [] Please Recycle Ja~oi1, I-Ier¢'$ the quote for the 5520 tra~tor. Tim l~binc, Field Manager AG National Sales 1-888-222-7239 ext. 8378 Fax 913-310-8378 Subject: Courts City of Sebastian, Florida Lighting for Schumann Tennis A~~for Submittal by: ger · Agenda No. 0/' ~/ Department Origin: Parks S~upt. Chris McCarthy Dept. Head: Finance: Procurement: Date Submitted: 03/22/2001 For Agenda of: 03/28/2001 Exhibits: Written Price Quotes and Parks Superintendent Memo EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: $26,817.00 $87,000.00 REQUIRED: N/A SUMMARY The Parks and Recreation Division of Public Works would like to purchase lighting for the 4 new courts Schumann Tennis Park from RLS Lighting of Hollywood, Florida. The price for the equipment is $20,817.00 and the price of installation is $6,000.00 for a total price of $26,817.00. RECOMMENDED ACTION Move to waive bidding process and have RLS Lighting of Hollywood, FI. install lighting for the four new tennis courts at Schumann Tennis Park for $26,817.00. HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 · FAX (561) 589-5570 MEMORANDUM DATE: TO: FROM: THROUGH: SUB,fECT: March 22, 2001 Terrence R Moore, City' Manager Chris McCarthy, Parksiand Maintenan~,~ Superintendent Q..[L~"yk. Terry Hill, Director off ?ublic Work_,~ .'./ Waive Bidding Proce~lure for Lightihg at Schumann Tennis Park We would like to waive the bidding procedure to purchase lighting equipment from and have it installed by ILLS Lighting of Hollywood, Florida. When the new courts were constructed, funds ran low and the City was unable to light the courts. The contractor did install pole mounts and ran wires to them. The design was a RLS lighting system similar to the Riverside Park Tennis Courts in Vero Beach. Since the courts are already set up fora RLS lighting system it would make sense to install that type of lighting. "An Equal Oppotttunity Employer" Celebrating Our ~5th Anniversary ? 3?PM P2 -SLIGHTING PHONE NO. : 9549855691 F~. 19 -00! 01: RLS Ligi ting, inc. 2160 $.W. 58th Way Hollywood, FL 3,3023 Ph: (954) 983-4340 Fax: (954) 983-3691 QUOTE DATE I QUOTE NO. 2/13/01 A0215101 NAME/ADDRESS City of 8e----~i~t~' ........ Chris McCarthy 1228 Main Street Sebastian, FL 32958 56%$89.5330 Fax 561-58g-6209 18 18 t8 36 72 TERMS t ITEM TE-1000-EC . A-C-~ C -C-$ tS-AB-$-HD BPC-12 HHG Polescr i AB-3t4X3a COLOR SHIP TO 4 Court~ - A02t$t01 None Factory i File:PG8TL DESCRIPTION 60HZ 1000W MH High Output Economy Tennis Luminaire single Curved 4" Round Steel Painted 4 Hole Plate Mounting Bracket Twin 180 Degree Curved 4" Round Steel Painted-4 Hole Plate Mounting Bracket 18 Ft 4" Round Painted Heavy Duty Steel Anchor Base Pole (11" Bolt Circle) 12" Square 2 Piece Aluminum Base Plate Cover Hand-Hole Gasket S/Steel Allen HD Set Screw Anchor Bolts (3/4 X 30 ". inches) Subtotal: P.o. NO. Inclicate Black or Tennis Green ~'uotation vail'i'd for' 30 days, Please Sign, print name below and return copy [when ordering. Thank You. _ ............... SIGNATURE All Past Due Acoounts beyond Net Thirty days will incur Finance Cl~arges of 1.5%~er month~[18% per ann~). 8houtd litigation be required, reasonable legal fees will also be charged. , TOTAL / R LIGHTING, INC. MANUFACTURERS OF QUALITY LIGHTING March 8, 2001 City of Sebation, Florida Mr, Chris McCarthy 1225 Main Street Sebastian, FL 32958 _Sen t .Via. F_.a¢=imilei,~,6 f-~8_,.9.=,620.~ Phone 56~.589.5330 Proposal to install lighting on Four (4) Tennis Courts, as per attached' layout, RLS will install the following RLS~t_"ighting equipment on existing ooncrete anchor base foundations previously wired. ' -', Twenty-four (24) RLS}TE-IOOO.,':'-EC tO00W High Output Tennis Luminaries Twelve (12) RLS-A-C-S Single'· Curved 4? I~'q',P, nd Steel Mounting Brackets ',' Six (6) RLS-C-C-S Twin 180 Degree curVSd:'~'' Round Steel'Mounting Brackets Eighteen (18) R LS-18-AB-S-HD 18' (Foot)(iHe~vy Duty Steel Anchor Based Poles Eighteen (18) RLS-BPC-12 12" Square, 2~;Piebe Base Plate Cover RLS will assemble poles, fixtures,, brackets, ar~t'"'~vire assembly, RLS will drop wire down. poles to hand hole and install, in-line fuses, Total Cost: $ 6?00,00 "' 2160 $.W. 5.8th WAY · HOLLYWOOD, FLORIDA,.~3023 U.S,A. · 954-983-4340 , FAX 954~983-3691 , FROM : RLSLIGHTING HHUN~ MU. : ~b4~JJO~% rl~r. TING, INC. MANUFACTURERS OF QUALITY LIGHTING F" RL$-TE-iO00 ~TL455~39 El' MOUNTING HT, FILE: PGSTL iLt~I~ib~NC £ MAXIMUM 91,4 MINIHUM ~, ~ AVG/HIN [, ~ MAX/MIN ~ ,79 78 34";TYP' ! It f 63 77 77 6,3 ..... 78 51 68. 51 , t /25 91 -- ~ 1. %LLUMINATIBN LEVELS ARE INITIAL FOE~TCANBLES CALCULATED 2' ABOVE PLAYING $URFACE AND COMPUTED FROM ITL a, COMPUTER CALCULATIONS A~E PRBPARED ~tTH 4 ~ALLAST FACTBR DF 1.00 AND A L~MP LUMEN FACTOR QF ~07,~0 (DPT[HUH C~ND[TBNS), F~ELD PERF'ORHANCE, HAY ~[FFER FROH LA~DRATDRY PERFORHANC'E', 3, LAHP SPECIFlgATJDNS: AFTER APPRBX]NATELY 100 BF US~ HETAL HAL~3E LANPS CAN ~EPREC[ATE UP TD 15~ gF DRIG~NAL IN[T[AL LUHEN OUTPUT A%' PER LAHP HANUFACTURE~ SPECZFtCAT~DNS . 2160 S.W. 58th WAY , HOLLYWOOD, FLORIDA 33023 U,S,A, - 954-983-4340 · FAX 954-983-3691 HOJ~ O~ ?£UCAN City of Sebastian, Florida Subject: Amending City Code Chapter 30, Article 11 Licensing ~anager Exhibits: Agenda No. 0//. 0q2-' Department Origin: Financ~ Date Submitted: March 20, 2001 For Agenda of: March 28, 2001 Ordinance O-01-08 Amending Chapter 30, Article II Licensing. EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A ] APPROPRIATION REQUIRED: N/A SUMNLARY As part of an ongoing review and analysis of various City codes, it was determined that following the reorganization of the licensing function to the Finance department that many administrative changes needed to be made to the Code. The purpose of the changes is to clarify responsibilities, i.e. who is the responsible individual for issuing licenses and the appeals process, increase fees (or decrease as the case may be) via statutory authorization contained in Section 205.0535, F.S. and clarify occupations subject to the tax and remove redundancies. To summarize the process, the City reviewed the occupational license code for responsibilities and made the appropriate changes. Iu addition, the City reviewed other Cities for input into additional language to further strengthen the code as well as provide for procedures and fees which have periodically turned up which had no guidance. Following this process, we implemented the statutorily authorized five percent (5%) increase in all fees, except one, since there had been no increase since the code's original adoption on June 14, 1995. Florida Statutes specifically provides for the ability to adopt bi-annual increases of five percent (5%) in the occupational license tax. The one exception to the increase was to decrease the Real Estate Agent license tax to one-half that of a Real Estate Broker. RECOMMENDED ACTION Move to approve Ordinance O-01-08 and set a public hearing for April 25, 2001 and authorize the advertisement of same. ORDINANCE NO.O-01-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORiDA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WI~,REAS, Chapter 30, Article II Licensing of the Code of Ordinances for the City of Sebastian constitutes Occupational Licensing; and Wl:I~REAS, the Occupational Licensing function and responsibility has been transferred to the Finance department; and WttEREAS, numerous administrative changes are necessary to reflect the transfer of responsibility; and WI-IEREAS, Section 205.0535 (4) authorizes each municipality the authority to increase, by ordinance, the rates of occupational license taXes by up to five percent every other year; and WlzIlZ, REAS, there have been no rate adji~stments to the occupational license taxes since adoption on 6/14/95. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Chapter 30, Article Sebastian, Florida is hereby amended to read as fi Article H. Licensing Sec. 30-27. Definitions. Sec. 30-28. Persons subject to license. li. Licensing of the Code of Ordinances, City of )llows: Sec. 3:0-29. Required. Sec. 30-30. Disagreement as to classification; appeal. Sec. 30-31. Term of license; when fee due; half year license for new businesses; delinquencies. Sec. 30-32. Separate license for each business,~ F~311ing into more than one classification. Sec. 30-33. Change of location;/e~-. Transfer of ~icense to new owner; Duolicate license; fees. Sec. 30-34. Transfer of license to new owner; feei Half-year licensel fees. Sec. 30-35. Applications. Sec. 30-36. Evidence of engaging in business. Sec. 30-37. Exemptions. Sec. 30-38. Renewal notices; non.receipt of notice no defense. Sec. 30-39. Duty of officers, agents of corporation; individual liability. Sec. 30-40. Duty of city clerk director of finance to keep records. Sec. 30-41. Updating applications. Sec. 30-42. Preservation and display of licenses. Sec. 30-43. Issuance of license not prima facie evidence of ability to conduct business. Sec. 30-44. No refund of fee; exception. Sec. 30-45. Effect of preemption by state; obstruction of streets, sidewalks, public places. Sec. 30-46. Penalty for violation of article. Sec. 30-47. Recovery of attorney's fees, etc. Sec. 30-48. City not liable for damages for losses from revocation. Sec. 30-49. Special requirements for carnivals, circuses and other amusement attractions. Sec. 30-50. Fee for businesses not specifically included in schedule. Sec. 30-51. Fee schedule. Sees. 30-52--30-75. Reserved. ARTICLE 11. LICENSING* *Editor's note--Ordinance No. O-95-11, § 1, adopted June 14, 1995, amended §§ 30- 27--30-52 by replacing them with new §§ 30-27--30-51. Formerly, such sections pertained to similar provisions and derived from §§ 14-2--14-19, 14-21--14-29 of the 1980 Code; Ord. No. O- 92-22, § 1, 10-14-92. Cross reference(s)--Jurisdiction of the code enforcement board, § 2-178; alarm system licenses, § 39-29. State law reference(s)--Local occupation license taxes, F.S. ch. 205. 2 Sec. 30-27. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means any person desiring to ~btain a license under the provisions of this article. Business means any activity, enterprise, Profession or occupation performed or engaged in by any person for gain, benefit, advantage or l!velihood, and shall include all such activities or enterprises whether performed in one or more establishments by one or more organizational units, including departments of an establishment operaled through leasing arrangements. For purposes of this art/cie, a business not-for-profit shall be il~cluded within the terms of this definition unless otherwise exempted. Chief executive officer means the city manager and/or his designee. Classification means the business a person has been designated to fall within under the schedule provided for in this article. Contractor means any person: (1) Accepting or offering to accept tbrders or contracts for doing any work on or in any building or structure requirit~g the use of building materials; (2) Accepting or offering to accept Orders or contracts to do any paving or curbing on sidewalks or streets, public or private property, requiring the use of appropriate materials or any compositions; (3) Accepting or offering to accept orders or contracts to excavate earth, rock or material for foundations or any purpose; (4) Accepting or offering to accept orders or contracts for building, remodeling, repairing, wrecking, razing or demolishing any structure; (5) (6) Accepting or offering to accept Orders or contracts for moving any building; or Accepting or offering to accept Orders or contracts for the installation, maintenance or repair of signs, air conditioning apparatus or equipment; whether such work is done or offered to be done by day labor, general contractor or subcontractor. Every person enggged in the business of accepting or offering to accept orders for contracts for doing any work on or in a building or premises, involving erecting, installing, altering, repairing, serv/cing or maintaining electrical lines, shall be deemed ito be an electrical contractor. Every person engaging in the business of plumber or steamfitter shall be deemed to be a contractor. Every person engage~ in the business of creating a building for the purpose of selling or renting sucl~ building, and making no contract with a duly licensed contractor for the erection of such building, whether or not such person contracts with one or more duly licensed contractors for one or more portions but does not contract with any one person for all the work of erecting any one of such buildings, shall be deemed to be a contractor if he shall build more than any one house in any one year. Direcwr offinance means the director of finance for the city or his designee. Farmer means those described in F.S. § 205.064. Fee means those charges established by the city council contained within the schedule of this article, as such charges may be amended from time to time b]( Ordinance, and promulgated pursuant to the authority conferred upon the city by F.S. ch. 205, or any successor thereto, for the privilege of doing business in the city. License means the document granted by the city under the provisions of this article and required of any person before such person can engage in any business within the city. Professional shall be any person whose occuvation re~tuires special and advanced education or skill, such as attorneys, vhvsicians and dentists: and any person who offers services regulated by state or federal government who is required to demonstrate some level of competency as a condition to offering personal services. A person "offers services" for purposes herein if that person provides service directly to the customer client of the business in which that verson is emvloved: if the person's labor is intended to directly benefit such customers or clients: or if that verson is a vrincivle in the business. Temporary means to overate a business for a veriod of five days or less. Transitory means to be passing through or operating for a single purpose and not o~eratin£ on a temporary basis. Sec. 30-28. Persons subject to license. A fee for the privilege of engaging in or managing any business within the city is hereby levied on: Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and (3) Any person who does not qualify under the provisions of subsections (1) and (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such license fee is not prohibited in section 8 of article 1 of the United States Constitution. 4 Sec. 30-29. Required. No person shall engage in any activities for which a license is required by this article, unless such person has a valid occupational license issued by the city. No person shall knowingly make a false statement in the license applicationl as to conditions or facts upon which the fee is based. Sec. 30-30. Disagreement as to classification; appeal. If there is a disagreement between the applicant and the city on the question of proper classification for any person or business licensed or to be licensed, the oity-olerk director of ~ shall decide the proper classification with the right of the applicant to appeal the decision to the city manager, whose decision upon the point shall be final. Sec. 30-31. Term of license; when fee due; half year license4or-new businesses; delinquencies. (a) All licenses shall be sold by the city beginning August 1 of each year, are due and payable on or before September 30 of each year,I and expire on September 30 of the succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payable on or before the first working day following September 30. Licenses that are not renewed when due and payable are delinquent and subject to a delinquency penhlty of ten percent for the month of October, plus an additional five percent penalty for each subsequent month of delinquency until paid. However, the total delinquency penalty may not exceed 25!percent of the occupational license tax for the delinquent establishment. Co) Any person who engages in or manages any business, occupation, or profession without first obtaining a local occupational license, if required, is subject to a penalty of 25 percent of the license due, in addition to any other penalty provided by law or ordinance. (c) Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required occupational license tax within 150 days after the initial notice of tax due, and who does not obtain the required occupational license is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. (d) Any person who knowingly makes a !false statement in the license application as to conditions or facts upon which the fee is based i~ subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collections efforts, and a penalty of up to $250.(}0. (e) Any person who engages in or manages any business, occupation or profession covered in this chapter after revocation of the oOcupational license for such business, occupation, or profession, is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. (f) Violation,, of this artiole are under the jurisdiction of the code enforcemem board. Sec. 30-32. Separate license for each business. A separate license shall be obtained for each place of business conducted, operated, maintained or carded on by every person engaged in any business for which a license is required by the ordinances of the city, even though such separate business is conducted within or upon the same premises. When any occupation, business or profession shall fall into more than one of the classifications contained in the schedule set forth in Section 30-51, such occupation, business or profession shall comply with the license requirements of each classification. Sec. 30-33. Change of location; Transfer of license to new owner: Duplicate license; fees. Upon written request and presentation of the original license, any license may be transferred from one location in the city to another location within the city upon completion of an application and payment of a transfer fee of 10 percent of the annual Hcense tax,.but not less than $3.00. A license mav be transferred to a new owner when there is a bona fide sale of a business upon payment of a transfer fee of 10 percent of the annual license tax, but not less than $3.00, and presentation of evidence of the sale and the original license. Duplicate licenses shall be issued upon written request and upon payment of a duplicate license fee of 10 percent of the annual license tax, but not less than $3.00. Sec. 30-34. Transfer of license to new owner; fcc. Half-vear license: fees. A license may be transferred to a new owner when there is a bona fide sale of a business upon payment of a transfer-fee of $3.00 and presentation of evidence-of the ~ale and the original The fee for new licenses issued from April 1, through September 30~ shall be one- half the regular annual license tax. Sec. 30-35. Applications. (a) All applicants for licenses requiring approval of the city manager shall submit their applications to the city clerk director of finance not less than two weeks prior to the commencement of the proposed activity or function. (b) Any person applying for an occupational license to practice any profession regulated by the department of business and professional regulation, or any board or commission thereof, must cx~iblt provide proof of an active state certificate, registration, or license, or prc.~.f cf issuance of the same. (c) Any person applying for an occupational license or a transfer of an existing license must present a copy of the applicant's current fictitious name registration issued by the state division of corporations or a written statement signed by the applicant setting forth the reason that the applicant need not comply with the Fictitious Name Act. 6 (d) Any person applying for an occupational license to operate a pharmacy must exhibit a current permit issued by the board of pharmacy. Occupational licenses are not required in order to practice the profession of pharmacy. (e)-Any person applying for an occupational li~nse to-operate-a pharmacy must exhibit a current permit issued by the-board ofpham'tacy. Occupational licenses are-not required in order to practice the profession of pharmacy. An¥.persO!~ applying for an occupational license who will be o. peratin~l a business sub|eot to State and/or federal regulations shall furnish ~roof of licenses and/or permits and/or letter(s) of exemption to operate same. (f) A.~y-person applying for an occupational license to operate an adult congregate living facility pursuant to F.$. ch. 400 sha~t-:fumish proof of issuance of a license from the depamnent of health and rehabilitative se~afices. (g) Any person applying for an oocupationaNicense to operate a pest control business regulated by F.8. Ch. 482 shall furnish proof of issuance-of a lice~ase from-the depam'nent of agricult, are and consumer services for eaeh--busir~s-loeation-in the city. (h-) Any person applying for an oooupatiomd license to operate a health studio pursuant-to F.S. §§ 501.012 through 501.019 or a ballroom dance studio pursuant to F.S,.~ 501.143 shall exhibit a current license, registration, or letter of exemption from the department of aghoulture and consumer services. (i) Any per-son applying for an occupatioi~al lioemse to engage in business as a seller of travel pursuant to F.S. § 559.927 shall exhibit a om'rent-registration or letter of exemption from the department of~grioutture and consumer services. (j) Any person applying for an occupational license for the operation of a tetemarketing business under Section 501.604 and 501.60g-Glo,ida-Statutes shal~l-exhibit a current license or registration from the-Department of Agriculture and Consumer Services or a current affidavit of exemption. Sec. 30-36. Evidence of engaging in business. The advertisement of any business by sign, newspaper, magazine, telephone listing, or other public notice shall be conclusive evidence Of the engaging in and carrying on of the business in the city so advertised and shall be re~luired to obtain an occm)ational license. Sec. 30,37. Exemptions. Any person entitled to exemption under the laws of the _Sstate of Florida shall be exempt from payment of fee to the city. If a fee exemptioh provision applies, a license must still be applied for and approved, i (1) Veterans must be at least ten percent disabled to qualify for exemption. However, in no case shall a person be entitled to an exemption in excess of $50.00. (2) Nothing in this article shall be cdnstrued to require any farmer to procure a license to sell farm, aquaeultural~qua cultural, grove, horticultural, floricultural, tropical piscultural or tropical fish farm products, or products manufactured therefrom, except intoxicating liquors, w/ne or beer, within the city, if such products were grown or produced by such farmer within the state. (3) No license shall be required of any charitable, religious, fraternal, youth, civic, service or other such organization when the proceeds are used exclusively for the organization. (4) Any person engaging in or managing a business, profession or occupation regulated by the department of business and professional regulation who has a permanent business location or branch office outside the city, who has paid an occupational license tax for the current year to the county or municipality where such permanent business location or branch offices maintained, and who performs work or services in the city on only a temporary or transitory basis shall be exempt from the provisions of the article. Sec. 30-38. Renewal notices; nonreceipt of notice no defense. The city clerk director of finance shall send out annual renewal notices to all businesses holders that hold of an occupational license no later than August 1. Failure to receive such notice will not be considered a justifiable defense for nonpayment of any fee or late fee. Sec. 30-39. Duty of officers, agents of corporation; individual liability. it shall be the duty of all officers and agents of any corporation to ensure that such corporation complies with the provisions of this article and all officers of any corporation required by this article to be licensed shall be personally subject to the penalties imposed by this article where any corporation fails to pay the fee and obtain a license required by this article. It shall be the responsibility of any real estate agency, brokerage house, or other firm of any description to ensure that each agent, salesperson or broker affiliated with such finn complies with timely payment of the individual tax as specified in this article. Failure to do so will subject the firm to fines as may be imposed by the code enforcement board this Code. Sec. 30-40. Duty of city clerk director of finance to keep records. The city clerk director of finance shall keep a complete record of all licenses issued, showing the nature of the license, the date of issuance, the date of expiration and to whom it was issued. Sec. 30-41. Updating applications. The city clerk director of finance is authorized to require updated license applications. Sec. 30-42. Preservation and display of licenses. All licenses granted by the city shall be carefully preserved and displayed in a conspicuous place and be visible in the place of business authorized to be conducted by such license. Sec. 30-43. Issuance of license not prima facie evidence of ability to conduct business. All businesses are subject to city zoning restrictions. The issuance of a license under this article does not constitute the only authorization required to conduct a business in the city. It shall not give a person the legal right and authority to conduct any business in violation of any law, and in such event, no refund of the license fee shall be authorized. Sec. 30-44. No refund of fee; exception. No portion of any fee assessed by this article shall be refunded except when such fee is collected by mistake or error. Refunds shall not be made after the license period for which the erroneous payment was made has expired. Sec. 30-45. Effect of preemption by state; obstruction of streets, sidewalks, public places. Nothing in this article shall be constme~to interfere with the regulation or taxation of any person in business against whom the right of'taxation has been preempted by the state or as giving to any person the right to obstruct the streets, sidewalks, or other public places in the city. Sec. 30-46. l'enalty for violation of article. Any person violating any of the provisiol~s of this article shall, upon hearing thereof, be subject to a fine as m~y be imposed by tho cede ~nfor~em,nt board civil actions and penalties., including court costs, reasonable attorney feeg~ additional administrative costs incurred as a result of collection efforts, and a venaltv of Ul~ to $250.00. Sec. 30-47. Recovery of attorney's fees, etc. ' If the city initiates legal proceedings against any person to enforce any provision of this article, including appellate proceedings, the city ~hall be entitled to recover reasonable attorney's fees, court costs, and such additional costs as the~ court shall deem appropriate. Sec. 30-48. City not liable for damages for losses from revocation. The city shall not be liable for any loss, monetary or otherwise, due to the revocation of a license. Revocation of license shall require the business to cease operation in the city. The revocation of license shall continue until such time as the violations that caused the revocation are certified by the city manager director of financ{t as having been corrected. The following shall constitute grounds for revocation of a license. : (1) A determination by the city manager director of finance that any statement contained in the application for a license is false. (2) The licensee has violated city orj county ordinances or laws of the state in the practice of business for which stlch license is issued. (3) The licensee fails to comply with zoning, fire prevention and code enforcement ordinances of the city after reasonable notice shall have been given to the licensee to eliminate or correct any condition in violation of such ordinances of the licensed premises. Sec. 30-49. Special requirements for carnivalS, circuses and other amusement attractions. A carnival, circus, or any amusement attraction shall meet the additional requirements listed in this section before a license will be issued: (1) File with the city clerk a sworn affidavit from the owner or lessee of the property upon which the attraction is to be held stating that permission has been granted to use the property for such purpose. (2) Furnish a bond, collateral or other security in the amount of $1,500.00 $2,500.00 for any expense the city may incur in cleaning all rubbish and debris from the premises used by the attraction. (3) Obtain approval in writing of the zoning, fire prevention and code enforcement divisions of the city. (4) File with the city clerk director of finance a written statement from the county health department that the facilities for selling food, foodstuffs or drinks for human consumption are satisfactory. (5) File with the city clerk director of finance proof of active liability insurance in the amount of $100,000.00. (6) Furnish the city police department a list of names of all managers, employees, and all other persons connected or working with all or any portion of the attractions, their permanent address, social security numbers and any other information requested by the police chief. Sec. 30-50. Fee for businesses not specifically included in schedule. Every business, fixed or temporarily engaged in by any person, whether in a building or tent, or upon a-street, vacant-tot, or anywhere within the city not specifically designated in the article, shall pay a fee of $60~ $63.00. Sec. 30-51. Fee schedule. The schedule for license fees charged in the city shall be as follows: AMU SEMENT/ENTERTAINMENT: Bars or restaurants with entertainment for patrons .... 50~99 $63.00 Dance area in lounge or resteuram-(v,,i{h oounoil approval) .... 60.00 Dance hall or ballroom (with council approval) .... 604)0 63.00 Entertainment establishment or facility (permanent) .... 50.99 63.00 Animal show or ride: .... 60.00 Fir-st day ....60.00 }{ach additional day .... 30.00 10 Arcade operators, in addition m stickers to coin operated machine fee .... 2O.OO 31,50 Carnival: Each, per week or fraction thereof .... 60.00 Each, per day .... 60.06 Billiards, pool in addition to coin operated machine fee: .... 50.00 63.00 Bowling att,y: Per year .... 60.00 Golf course .... 60.00 . Golf driving range .... 60.00 Miniature golf .... 60.0/) Motion picture theater: .i.. · 60.00 Indoor, init4al sc teen .... 60.00 Each additional ~creen .... 60.00 Outdoor .... 60.00 Museum .... gO.Off 63.00 Parades (must be approved by oi/y manager) .... -60.00 Riding academy .... 60.00 ~ Shooting galleries- .... 60.00 ~ 8hows: For traveling shSws of alt ldnds, except when-performed-in local theaters, including moving picture shows and/or vaudeville, ~vhen under tent or otherwise. (Must be approved by city manager) Per day .... 30.00 Sports places and arenas .... 60~00 ~V-~estling or boxing: To promote or hold-wrestling-or-boxing rnatohes .... 60.00 Sightseeing vehicles, per vehicle and Transportation for hire (taxi, limo, boat) .... 6000 63.00 Charter boat for fishing, diving, sightseeing, parasailing, water-taxi or similar activities riding devices, other than coin-operated (per vehicle) .... ~4XO0 31.50 Amusement park operator .... 50.00 In addition, for each device, shoW, ~xhibition or other form of diversion or amusement .... 10.00 Rinks, skating .... 100.00 COIN-OPERATED MACHINES: 11 Coin-operated machines, non-laundry, per unit Any person or firm who leases or rents or places under any kind of arrangement, and coin-operated machine, except checking lockers, toilet locks and U.S. stamp machines, shall pay a fee for each machine .... 1O.OO 10.50 Public scales .... 10.00 Coin-operated machines, laundry, per unit Laundromat, self-service .... 2¢.00 31.50 FINANCUkL iNSTITUTiONS: Banks .... 50.On~ 63.00 Credit association/union (firm or corporation) .... 50.00 63.00 Credit card company .... 6th¢9 63.00 Loan company, broker, person, firm or corporation .... fi0.00 63.00 Savings & loans association .... 50.00 63.00 Each ATM not located on main t~remises... 31.50 FOOD SERVICE ACTIVITIES: .... ~0.00 63.00 Delicatessen: Merchant .... 50.00 63.00 Delicatessen, as part of another business such as a grocery store, otc ..... ~0~00 63.00 Restaurants, must provide license from the division of hotels and restaurants, department of business and professional regulation (private boardinghouse, five chairs or less exempt) .... ~0.OO 63.00 No seats (take out, deli, catering) Catering services .... ~0.00 63.00 Snack bars and fast food services which maintain no seats .... 50.00 63.00 Drive in, added to regular restaurantqieense ifoombined .... 60.00 Ice oream a~ad cold dr-ink stand .... 30.00 lee peddling-vehicle, each (health department license required).. .. 30.00 Mobile track (food vendor) .... 50.00 63.00 12 Seating (in addition to the above fees) Seating one to 15 ....I0.09 10.50 Seating 16 to 40 .... 2O;OO 21.00 Seating 41 to 60 ~t~ 31.50 Seating 61 to 120 ....40~ 42.00 Seating 121 and over.. '. 50.00 52.50 GAS STATION: All gas stations, including those offering repairs and other accessory uses; does not include convenience stores Service station, gasoline .... 6tX00 63.00 Per pump .... 20.00 21.00 HOSPITAL: Hospitals, sanitarium or nursing home_s, adult conflre~tate care facilities operated .v. wv.~t (e,nust-possess approval by stat~ board of health-and-license from state) .... 90.99 94.50 : INSURANCE: Companies writing any class of ir~surance upon any person or property residing or located within the city limits or risks occfirring w/thin the city limits Insurance or bonding agent (state lioenseirequired) .... 60~ 63.00 Insurance or bonding company (state license required) .... 60:00 63.00 Insurance salesperson .... 50.00 63.00 Insurance adjuster ......................... ~ ....... 63.00 MANUFAC~G/PROCESSING: All manufacturing or processing business to include: Aircraft kit ....~O.OO 63.00 Boat builder ....6000 63.00 Bottling works .... 60.-00 Custom t-shirts .... ~0.00 63.00 Dairies .... 30.00 Factories .... 50.00 63.00 Ice cream manufaoturers (health department license required) .... 60.00 manufaomrers (health department lioense required) .... 60.00 Manufaoturer, when-perfonned by ind/~vidual .... 60.00 Manufacturing, other-(manufactufing, producing, processing assembly of apparel and accessories, chemical and allied products, metals, glass, plastics, electronics, shell novelties and other manufacturing) .... 60.00 63.00 Mobile home manufacturers .... 60.00 Paolting house (doing private order business)... ~ Pulpwood dealers .... 60.00 Tire and recapping service .... 60.00 63.00 NEWSPAPER OR MAGAZINE PUBLISHERS: News bureau (representing newspapers published outside of the city) .... 50.00 .,6.3.00. Daily publication Newspaper (four or more published per week) .... 60.00 63.00 Periodical publication Newspaper (weekly, biweekly or monthly) .... 60.00.63.00 RENTALS: Commercial property rental (mall, shopping center or any other property owner renting or leasing space to five or more commercial tenants, including booth tenants on a single parcel), per rental unit Apartment rental .... 29.99 31.50 Each individual rental .... g.99 3.15 Storage and warehouse, public .... g9,99 31.50 Each additional unit .... 2,00 3.15 Office rentals .... a~9.99 31.50 Each additional unit .... g,99 3.15 Motel/hotel/T_limeshare/guest house/bed and-breakfast, per unit .... g0.99 31.50 Boardinghouses, hotels, motelsa an~ lodging house, guest house/bed and breakfast...$31.50 Plus, per unit after first (must provide license from division of hotels and restaurams, department of business and professional regulations), per room .... ~,09 3.15 Campground or mobile home park or trailer camp .... 59.99 63.00 14 Each rental unit within the park .... 5.00 5.25 Tourist camps or courts .... 59.09 63.00 Each guest room (per unit) .... 5.00 5.25 Trailer camps, RV parks .... 6lb00 63.00 Per space .... 5.99.5.25i Motor driven rental items (including mopeds, 3etskis iet skis, tools) .... Vehicles for hire (rent-a-car, courtesy ca/' etc.) .... 60.00 63.00 60~00 63.00 Aircraft .... 60.00 63.00 Boat rental .... g0.00 31.50 : Trailer, U-Haul .... 60.00 63.01~ Non-motor driven rental items (including bicycles) .... ~0,00 63.00 Equipment rental .... 60.00 63.1~0 RETAIL, MAIL ORDER OR WHOLESALE SALES: .... ~0.00 63.00 Aircraft sales .... 60.00 63.00 Appliances: stoves, refrigerators, dishwashers, dryers, air-conditioners, heating, etc., dealers or agents and service.... 60.00 63.0.0 Art shops, supplies, lessons .... ~0.00 63.00 Automobiles: New/used vehicles, agency/dealer, each location .... ~0.00 63.00 Service station, does not include mechanic service Repair shop, per station,. Automobile parking lot (parking space rmtal): 2,000 square feet or4ess .... 60v00 63.00 Over 2,000-squat'e feet .... 60.00 Auto parts, us~ and accessories .... ~.00 63.00 Auto accessories .... 60.00 Au~co parta sales ....60.00 Bait, live ....~0.00 63.00 Bakeries, retail or wholesale .... ~0.00 63.00 Bicyole-deater/rent-and/or--sales .... 30.00 Boat sales .... 60~00 63.00 Book agents or canvassers (taking orders or selling books or magazines) resident .... ~ nn 63.00 Boot, shoe repair and shine shop ....(50:00 63.00 Bottled water sales distributor .... ~0.~0 63.00 Building materials or supply dealer .... (~00: 63.00 Business machines: Cash registers, typewriter, etc., sales, rentals and service only. Not to include office supplies .... ~ 63.00 Ceramic shop .... ~.0~ 63.00 Cheek cashin~ stores ..... 63.00 Cold storage, balk storage .... 60.00 Dealers, se~ndhand .... 60.00 Fertilieer: Agent or dealership .... 60.00 Fireworks, wholesale or retail .... 50.00 63.00 Flea market .... 60.00 Florist ....50~0~ 63.00 Fruit-a-nd vegetable-stand .... 40.00 Furniture dealer .... 40~00 63.00 Gas distributors: bottled .... ~.~ 63.00 Grocery store .... 40:00 63.00 Gunsmith: Repair and sales when in connection with another business with police department approval .... 5~.0~ 63.00 Jewelry shop .... 5~.~0 63.00 Lumberyard .... ~.~ 63.00 Mail order business, each person, company or ~ ,firm, ere ..... ~.~ 63.00 16 Marine supplies .... 50.00 63.00 Merchants, itinerant .... 50.00 63.00 Mere~ham~ storekeepers, otc ..... 60.001 Mobile home sales .... 60~ 63.00 Monument & tombstones (dealer or agent for) .... 50.00 63.00 Mower, dealer, rental and/or sales ,m an 63.00 Newsstand .... 6IX00 63.00 Nursery (trees, plant, shrubbery, etc.)... 50.00 63.00 Office supplies and/or office furniture (With business supplies sold as adjunct to) .... 60.00 63.00 Security: Security & guard serv/ce, electronic surveillance, alarm systems, etc ..... ~0~00 63.00 PhotofinishingPhoto finishing: Pickup ~tation (when operated not in connection with another business) .... 50.00 63.~0 Photographers, .......... 31.50 Resident .... 30.00 It4nerant or transient ....60.00 For the purpose of this subsection, an itinerant or ~ransient-photographer is defined-as one who not regularly maintain his studio or place of-Jousiness-in th~ity where the work of photographing, enlarging, copying, or coloring is conducted. F~aeh agent or canvasser-or solicitor representing an itinerant photographer shall-pay the license fee for--sotieitor~-u~der this article Popcorn or peanut star~ .... 60.00 ~ Safes: For sale or exchange, each agent .[... 60.00 Satellite systems/sales or service .... ~0.00 63.00 Seafood dealers: Wholesale .... 29.00 31.50 Retail .... ~ 31.50 Both .... 60.00 63.00 17 Secondhand dealers (to buy or sell secondhand merchandise, clothing, furniture, etc.)... · 50.00 63.00 Selling (when not specifically covered herein) persons selling magazines, bibles, encyclopedias, and other publications shall pay fee) .... 6lb00 63.00 Showroom only .... 60.00 Sign shop .... 50.00 63.00 Television/VCPUstereo, etc. sales and repairs .... 60~0 63.00 :r-rading stamps: to engage in the business of selling or furnishing to mer-ohants or others, checks, tiokets-or stamps-, commonly known as trading stamps, on the terms-of agreement to redeem-t-hem by exchange of goods, wares or memhandise for them er other,vise .... 60.00 Video sales and rentals .... 50.00 63.00 Water sales and dispenser rental .... 50Z0 63.00 Window treatment sales and installation .... 50,00 63.00 SERVICES: Professional real estate salesperson, massage therapist, per person .... 60.00 Balh, public (turkish, swedish or mineral) or health center .... 60.00 Financial consultant .... 50.00 63.00 Laboratories (state license required-) dental, chemical, etc ..... 69.00 63.00 Land investment .... 60.00 Masseur (requires state .lioense) Massage Therat}ist .... 50~0 63.00 Midwives (no license issued until certificate issued-~thin the year from the state board of health is submitted) .... -60.00 Private investigator .... fiO,O9 63.00 Private/Charter school .... 50.00 63.00, Real estate appraiser .... 60.00 63.00 Real estate broker .... 6000 63.00 Real estate salesperson .................. 31.50 18 Schools (such as dancing, business or commercial, beauty or barber, music, physical education, riding, driving, telegraph, etc.) .... 69,99 63.00 Professioaal attorney or any-other State ~f Florida licensed professional not listed in (12)(a) above, per per-son .... 60.00 Auditors .... 50.00 63.00 Bondsmen .... 60~ 63.00 Dent/st .... 60.00 Directory, city (to engage in compiling city directory), required to furnish all copies required by the city .... 60~ 63.00 Physician .... 60.00 ~ Professionals (attomeys, architects, dentist, opticians, computer programmers, certified ~ublie accountants, electrologists, engineers, naturopaths, oculists, chiropractors, Csteopaths, I)hysieian, electric_therapists, veterinarians, and an.-/Other :ur, k State of Florida licensed professionals) b¥ firm ~ndl)er nrofesslonal .... 60~ 63.00 Al&other physicians and dentists .... 60.00 Property management .... 5O.OO 63.00 t%yohiatrist .... 60.00 gurgeon .... 60.00 Surveyor (-must have valid certificate of regismaion issued by state) .... 60~00 63.00 Well driller .... 59.00 63.00 General service provider not listed in above, per business .... 50:09 63.00 Accounting/bookkeeping/auditing firm or person, certified or non-certified .... 50.00 63.00 Advertising: Agents or agenciesiwriting advertisements for profit .... 59.99 63.00 Aircraft, flying schools or flightilessons .... 69.99 63.00 Aircraft service .... 60,00 ~ Animal boarding .... 60.00 Animal boarding, grooming nn~ or training .... 59.09 63.00 19 Answer/ng service .... 61h00 63.00 Artists ....6tX00 63.00 Astronomers, where fee is charged .... 604X1 63.00 Auto vehicle wrecker service .... ~0.00 63.00 Auto body shop .... ~0.09 63.00 Auto repair shop .... ~9.90 63.00 A'~'tz window tinting .... 60~0 63.00 Bicycle repairv,..~-' ....30~ 31.50 Blueprinting, photostat, map survey .... ~9,00 63.00 Boat-builder .... 60.00 Boat canvas sale/repair .... ~9.99 63.00 Brass & copper refinishing:... 69.00 63.00 Burglar alarm oompany .... 60.00 Bus terminal .... 60.00 Business advisor or consultant .... 60.99 63.00 Business Office ................................. 63.00 Cabinet or carpenter shop .... ~9.OO Cabinet, carpenter, upholstery shop .... 69~9 63.00 Carpet and upholstery cleaners .... ~9.99 63.00 Child care, nurseries, preschool, day care centers .... ~9.99 63.00 Claim and collection agencies .... 6O.gO 63.00 Computer services/sales .... 69.99 63.00 Contractor: .... 60.90 63.00 General building .... 60~ 63.00 Street paving .... ':,,0,99 63.00 20 House moving & wrecking .... 60.00 63.00 Subcontractor: Including but not limited to carpentry, painting, roofing, sheet metal, electrical, concrete construction, masonry, plastering, lathing, clearing, grading, etc ..... 60430 63.00 Copy service .... ~9.tYb~ 63.00 Custom framing .... 6000 63.00 Dancing schools .... 60.00 : Decorator, interior .... 60.00 6~.00 t~elivery-ser~iee ....60.00 Detect/:ve agency: Fee for agency .... 60.00 Drafting service .... 60.00 63~.0 Dressmaking shop/tailors .... ~0.00 63..00 Employment agency .... 60.09 i63.00 Delivery/Express companies .. i. 60.00 63.00 Exterminator, termite & pests (inust provide health dept. license-) .... 60:00 63.00 Fence sales and installation .... 60~ 63.00 Funeral home (including undertaking and embalming) (state lic~ns~ required)... · SO.JO 63.00 ,:~ rm 63.00 Glass, plate: Installation. .... Golf club sales and repair..., da.,v.wtm 63.00 Handyman .... 60.00 63.00 Hauling contractor: Per vehicle i · · · 60.90 63.00 Health center (must possess approval by state board of health ami 14oense from ~ .... 60.00 63.0,0 , Home nursing/daily living care {not professional) .... 60~00 63.00 House and condo sitting ~, aa 63.00 Hypnotist: Therapeutic or other ~han therapeutic .... ~0,00 63.00 21 I.D. service, cards, fi~gel~p~i~ts .... 60.00 Insurance adjuster .... 60.00 Janitor & commercial/residential cleaning service .... 6O~OO 63.00 Jewelry repair .... 60,09 63.00 Kennels, ~nimal .... 60.00 Land development ....60.00 63.00 Lawn Maintenance/Landscaping: Except contractors, architects, engineers or florists paying a city license tax as such .... 60.00 63.00 Laundries, dry cleaners (with plant in city, pickup station with plant in city, pickup with plant out of city, or pickup serv/ce with plant out of city)... .60.00 63.00 Lawn maintenar~ce .... 60.00 Locksmith or keysmithkev smith, each .... 60.00 63.00 Machine shop and/or welder .... 60,00 63.00 Maid service .... 60.00 63.00 Mercantile broker/agent .... 60.00 Merchandise solicitors ....60.00 Mobile home set-up .... 60.00 63.00 Mobile truck: .... 60.00 63.00 Auto repair .... 60~00 63.00 Car/mobile home washing .... 6000 63.00 Equipment repairs .... 60~0 63.00 Mower, repair only .... 60.00 63.00 Muffler shop (only service offered, sale and installation of mufflers) .... 60.00 Piano tu~aer .... 60.00 Pressure cleaning .... ~0.00 63,00 Printing, job printing ....60~ 63.00 22 Printing, job printing agent (not otherwise licensed) .... 50.99 63.00 Public relations .... 60.00 Public scales, track weighing .... 60.00 t~adio-and TV ~epair .... 60.0~ Keakestat~ broker....--6~00 : t[-eal estate-salesman/agent, eae~.... 60.00 Reducing salon .... 50.00 63.0~) Repair of-small appl~iances .... 160.00 Sanding and finishing of floorsi .... 50.00 63.00 Secretarial/Twing service .... 159:90 63.00 Security systems/alarms sales aJad installation .... ~,,,v~':a an 63.00 Septic tank cleaners .... 5~90 i.63.00 Sewing machine/vacuum cleaner: Dealers and/or agents & service .... 59.90 63.00 Shoeshine parlor .... 30.00 Each additional seat..-~. 3.-00 Sign painters .... 50,90 63.00 . Solicitors and canvassers, per year .... 50.09 63.00 Sprinkler systems, selling and/°r installing .... 604~ 63.00 Stenographer, public and court reporter .... 604}0 63.00 Stocks & bonds, broker/firm or ioffice .... 59.09 63.00 Stocks & bonds, per agent or salesperson .... 59.99 ~63.00 Tailors .... 60.00 Taxidermist .... 59.90 63.00 Telegraph systems and companies .... 50.00 63.00 Tree surgery .... 50.99 63.00 3 Typing serq4ee .... 60.00 Upholstery or furniture menders .... 60.00 Water, bottled .... 50.00 63.00 Welder .... 00.~0 Window cleaning .... 60~00 63.00 Pawnbroker .... 175.00 183.75 Formneteller, astrologers, astrologists, clairvoyant, mind reader, etc ..... 4-7-54~ 183.75 Barbershop, beauty shop, manicurist shop, cosmetologist shop: The business owner .... 29.99 31.50 Each non-employee licensed barber .... 29.99 31.50 Each non-employee licensed beautician .... 29.99 31.50 Each non-employee licensed manicurist .... 29.99 31.50 Ar~y mani~urir, t or cosmetologist who has paid a license fee for the period October 1, 1995 through September 30, 1996, at the rate established when chapter 30, article 1I, sec4/on 30 of-the Code of Ordinances was adopted, shall be entitled to a refund if the manicurist or cosmetologist is authorized to-pay a lower fee-on the effective date of this ordinma~. The application for refund must be made to the city clerk on or before geptember 30, 1996 The-clerk shall compute the amount of the refund by reducing the fee to its current fee from the effective date of this ordinance until September 30, 1996. Each non-employee licensed cosmetologist .... 29.99 31.50 Each chair/station .... 2.99 3.15 TRANSPORTATION (EXCLUDING TAXICABS AND PEDICABS) Airlines, railroad companies .... 6000 63.00 Truck lines: Receiving and/or delivery, freight or express .... 59.99 63.00 Vehicles, including bus service and ambulance service .... 159.90 157.50 Ambulance service (not voluntary) .... 99.90 94.50 Bus company .... 59.99 63.00 24 Handicap transport .... 9lb00 94.50 UTILITY/COMMUNICATIONS Telephone, gas, cable television, solid waste pickup, telegraph and similar utilities Cable television company .... 45.99 4'/.25 Electric light and power comply .... 59~9 63.00 Gas companies: Natural and bottled gas .... 90~0 94.50 Telephone systems and companies .... 4-5~0 47.2.___~5 Television cable systems and companies .... ~5.99 47.25 Water and sewer .... 29.99 31.50 Radio stations maintaining business offi NON-CLASSIFIED (not otherwise mentioned) Sees. 30-52--30-75. Reserved. Section 2. herewith repealed. Section 3. :e within city tm an 94.50 ... fi0.00 63.00 CONFLICT. All ordi nantes or parts of ordinances in conflict are SEVERABiLiTY. !In the event a court of competent jurisdiction shall hold or determine that any part of thi~ Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further assumed that the City Council would'have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect April 1,2001. The foregoing Ordinance was moved for adoption by . Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Maj~her, Jr. Council Member The Mayor thereupon declared this Ordinance duly passed and adopted this April, 2001. day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Rich Stringer, City Attorney 26