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HomeMy WebLinkAbout09091998ROLL CALL 1 Mr. Neuberger Mr. Paul Mrs. Sullivan ITEM NO.~ or:K3 ~/ ROLL CALL Mr. Neuberger Mr. Paul Mrs. Sullivan ITEM NO. ROLL CALL Mr. Paul Mrs. Sullivan ,,/ Mr. Neuberger ITEM NO. ROLL CALL4 Mrs. Sullivan MOTION f/~' SECOND MOTION SECOND MOTION 'SECOND MOTION Mr. Neuberger Mr. Paul SECOND ITEM NO. ROLL CALL Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND City of Sebastian 1225 MAIN STRE_=T g SEJ~ASTIAN, FLQRIDA 32.CEa TELEPHONE (561) 589-5330 r~ FAX (E61) 589-55.70 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 9, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. BOLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff-Present; City Manager, Thomas Frame Acting City Attorney, Timothy Williams City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting September 9, 1998 Page Two AGENDAMODIFICATIONS (ADDITIOJNS AND/OR DI~LgT]Q~,,~.~ Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) 98.090 PROCLAMATIONS. ANNOUNCEMEI~S AXNI)/OR PRESENTATIONS ~ A. Presentation o£Plaque to Em_gLoy~ ~fl~he Se~nd..Q. uarter for 1998 - Timothy gglinski Mayor Sullivan read and presented a plaque to Timothy Zelinski. CITY ATTORNEY MATTERS CITY MANAGERMATTlgR$ 2 CONSENT AGENDA All items on the consent agenda are considered to be 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 requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/24/98 Workshop, 8/26/98 Regular Meeting, 9/2/98 Special Meeting, 9/2/98 Workshop 10. 11. I'Lr~LiC HEARING - None INTRODUCTION OF NEW 6LI~IJ~ESS FROMTHE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for,,each speaker ,Do /~? 98.154 12. COMMITTEE REPORT~;a~ECOMME NDATION$ A. Co_de Enforcement 1. Accept Resignation of Joseph Flescher (City Clerk Transmittal 8/31/98, Flescher Letter) Interview and Appoint Members as Follows: (City Clerk Transmittal 9/1/98, Three Application, Member List and Ad) · One regular member businessman position - Unexpired term expires 3/2000 · One regular member position - Unexpired term expires 3/2001 ° One alternate member position - Unexpired term expires 4/2000 B. .Tree Advisory Board 98.095 Accept Resignation of Marlcnc Ulisky (City Clerk Transmittal 9/1/98, Ulisky Letter) 6 13. OLD BUSINESS 98.162 Approve Renewal of Florida League of Cities Insurance Policies in the Amount of $228,243 to be Appropriated in 1998/99 Fiscal Year and Authorize City Manager to Execute Two Year Premium Guarantee Agreement - Deferred from 8/26/98 (Finance Director Transmittal 9/9/98, Renewal Quotes, 2 Yr. Premium Guarantee) / .-~/ ,-4- c> 7 98.157 14. [~IEW BUSINE~$1~ A. Award Main Street Baffle Box Contract to Low Bidder M.D. Utility Contractors, Inc. in the Amount of $66,240.90 Contingent Upon DEP Approval (Public Works Transmittal 9/1/98) 98.118 ]~. City Attorney/Legal Services Proposals - Direct Staff(City Clerk Transmittal 9/2/98, Proposals Distributed Previously Under Separate Cover) 98.164 Adopt ResoltttionNo. R_-98-42 - Communications Workers of America Col]¢¢~i..ve._13.~rgaining ~greement (Human Resources Trar~adttal 9/3/98. R-98-40 and Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE AGREEMENT WITH THE COMMUNICATIONS WORKERS OF AMERICA FOR THE PERIOD FROM OCTOBER 1, 1998 THROUGH AND INCLUDING SEPTEMBER 30, 2001; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 10 98.165 Adopt Resolution No. R-98-41 Blue Cro~s/Blue Shield Renewal Rater (Human Resources Tran~millal ~(/28/98. R-98-4 I) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF THE CITY OF SEBASTIAN, THE NEW BLUE CROSS AND BLUE SHIELD HEALTH PREMILrMS RATES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE. 11 98.166 Approve Addendum to Primeeo Personal Communications Lease Agreement to Provide Cell Phone Service to City (City Manager Transmittal 9/3/98, Chief White Memo, Conde Letters Proposed Amended Lease Agreement) 12 98.167 Use of Off-Duty Police Officers for Certain Uses at Community Center (City Manager Transmittal 9/3/98, Chief White Memo 9/3/98) 13 98.168 Authorize City Manager to Apply for Florida Recreation Development Assistance Program Grant for Good Guys Property (City Manager Transmittal 9/3/98, FRDAP Guidelines) 14 15. CITY COU151CIL MATTERS A. Mr. Chuck Neubergcr Mr. Larry Paul Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright 16. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 15 i City of Sebastian 1225 MAIN STRE_=T g SEBASTIAN, FLORIDA TELEFHONE (561) 589-5330 o FAX (561) ~ a SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 9, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK . 1225 MAINSTREET, SEtIASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items intntediate~y prior to deliberation of the item by the City Council - limit often minutes per speaker (R-97-21) CALL TO ORDER PLEDGE OF ALLEGIANCE 3. INVOCATION/MOMENT OF SILENCE 98.090 ROLL CALL AGENDAMO1)_]FICATIONS (ADDI[TIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) PROCLAMATIONS. ANNOUNCEMENTS &~Yi)~OR PR~SE~I~,~T_IONS A. Presentation of Plaque to Employee of the Second Quarter for 1998 - Timothy Zelinski ~ITY ATTORNEY MATTE]~ CITY MANAGF~R MATTERS 1-16 98.154 17-18 19-31 98.095 $3-34 98.162 35-40 98.157 41 98.118 43-44 10. 11. 12. 13. 14. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/24/98 Workshop, 8/26/98 Regular Meeting, 9/2/98 Special Meeting, 9/2/98 Workshop PUBLIC HEARING - None INTRODUCTION OF NEW BI, I$INE$~ F.~OMTHE PUBLIC Which is not otherwise on the agenda - sign-up required - Hmit often minutes for each speaker COMMITTEE RF~PORTS/RECOMMENDATIONS A. Code Enforcement 1. Accept Resignation of Joseph Flescher (City Clerk Transmittal 8/31/98, Flescher Letter) 2. Interview and Appoint Members as Follows: (City Clerk Transmittal 9/1/98, Three Application, Member List and Ad) · One regular member businessman position - Unexpired term expires 3/2000 ° One regular member position - Unexpired term expires 3/2001 · One alternate member position - Unexpired term expires 4/2000 B. Tr~ Advisory Board 1. Accept Resignation of Marlene Ulisky (City Clerk Transmittal 9/1/98, Ulisky Letter) OLD BUSINESS A. Approve Renewal of Florida League of Cities Insurance Policies in the Amount of $228,243 to be Appropriated in 1998/99 Fiscal Year and Authorize City Manager to Execute Two Year Premium Guarantee Agreement - Deferred fi.om 8/26/98 (Finance Director Transmittal 9/9/98, Renewal Quotes, 2 Yr. Premium Guarantee) NI~W BUSINESS A. Award Main Stxeet Baffle Box Contract to Low Bidder M.D. Utility Contractors, Inc. in the Amount of $66,240.90 Contingent Upon DEP Approval (Public Works Transmittal 9/1/98) B. City Attorney/Legal Services Proposals - Direct Staff(City Clerk Transmittal 9/2/98, Proposals Distributed Previously Under Separate Cover) 2 98.164 45-154 Adopt Resolution No. R.98-42 - C0111mul!icatj~ll~ Workers of &merica Collecti¥~ Bargaigitag Agr~rrl~[ll .(th~an Resources Transmittal 9/3/98, R-98-40 and Agr~t!!ent) A RESOLUTION OF THE CITY OF SEBASTIAN, Ilq'DIAN RIVER COUNTY, FLORIDA, RATIFYING THE AGREEMENT W1TH THE COMMUNICATIONS WORKERS OF AMERICA FOR THE PERIOD FROM OCTOBER 1, 1998 THROUGH AND INCLUDING SEPTEMBER 30, 2001; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 98.165 155-157 Adopt_Resolution No. R-98-41 t~llle,.Cross/Blue ~hield~enewal Rates (Humarkg~sources Irar~mittal 8/28/98, R-98-41) A RESOLUTION OF TIIE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING TIlE CITY MANAGER TO ACCEPT, ON BEHALF OF THE CITY OF SEBASTIAN, THE NEW BLUE CROSS AND .BLUE SHIELD HEALTH PREMIUMS RATES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDINO FOR AN EFFECTIVE. 98,166 159-166 Approve Addendum to Primeeo Personal Communications Lease Agreement to Provide Cell Phone Service to City (City Manager Transmittal 9/3/98, Chief White Memo, Conde Letter, Proposed 'Amended Lease Agreement) 98.167 167-169 Use of Off-Duty Police Officers for Certain Uses at Community Center (City Manager Transmittal 9/3/98, Chief White Memo 9/3/98) 98,168 171-174 Authorize City Manager to Apply for Florida Recreation Development Assistance Program Grant for Good Guys Property (City Manager Transmittal 9/3/98, FRDAP Guidelines) 15. CITY COUNClh MATTER~ B. C. D. E. Mr. Chuck Neuberger Mr. Larry Paul Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright 16. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City CounciO ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HF_.ARING) MLL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. o105F. S.) IN COMPLIANCE WiTH THE AkW. RICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT L.F~ST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Aasistance Headphones are Available in the Council Chambers for all Government Meetings, · SpeciaiMeeting - (Budget Hearing) Thursday, September 1 O, 1998 ~ 7pm · SpecialMeeting - (FinalBudget Hearing) - Tuesday, September 22, 1998 ~ 7pm · Regular Meeting - [Vednesday, September 23, 1998 ~ 7pm I I i I City of Sebastian 1225 MAIN STEE_--T m SE=_,ASTiAN, FLORIDA TELEPHONE (561) $8,9-5,..130 r~ FAX (~61) SEBASTIAN CITY COUNCIL WORKSBOP MINUTES MONDAY, AUGUST 24, 1998 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Workshop to order at 8:12 p.m. The Pledge of Allegiance was recited. ROI~kCALL 98.089 Ci~ Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff_present: City Manager, Thomas Frame Acting City Attorney, Timothy Williams Chief of Police, Randy White Deputy City Clerk, Sally Maio 4. WORKSHOP ITEM~[ Reviexv Proposed Ordil~ance No, 0-98- I 0 - Co_de Enforcement Prq~cedures The City Manager gave a brief presentation on the proposed ordinance. Cirv Council discussion followed on authority for issuance of citations relative to contractors and the need to establish procedures at staff level to accomplish enforcement and stay in line with state law~ During Council discussion, changes were recommended as tbllows: · Page 9 - Paragraph 6 - remove from Section 2-199 and make it a separate section because it pertains to more than this one section. City Council Workshop August 24, 1998 Page Two TAPE I - SIDE Ii (9:00 pm) Mr. Williams suggested taking the current code language and this proposed ordinance and making three separate sections for the three procedures, however, it was suggested that provisions applying to all procedures not be repeated each time Page 9 - Line 20 - provide a definition for "de novo" Page 8 - paragraph (c) - provide language that is understandable, however, Mr. Williams cautioned that language must not deviate too far from statutes. Page 8 - Line 4. review whether "appeal" should be "contest" Page 9 - Line 13 - review whether "may"should be "shall" Page 9 - Line 20 - typo "master" Page 6 - Line 5 '- typo "contest" Page 2 - Line 12 - change "inspector" to "enforcement officer" Page 3 - Line 1 - strike line since it appears on previous page Page 4 - Line 2 - replace "may authorize the City Attorney" with "may request the City Council" Page 5 - Lines 4-6 - reverse the order of the sentence to start "If the code enforcement officer ...... " Change existing Code Section 2-189 to authorize the City Council to hire legal counsel Page 2 - Lines 6-8 - change sentence to "Each case before the board shall be presented bv members of administrative staff with assistance, if necessary, from a member of the Florida Bar." Page 2 - Line 4 - typo Article IV should be Article VI Page 6 - Discussion regarding whether the officer is directly required to deposit citations with county court, how long after and where the citation is paid Mr. Williams will redraft with recommended amendments. 5. Being no further business, Mayor Sullivan adjourned the wor 'kshop at 9:40 p.m. Approved at the ,1998 Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 12.2.,,= MAIN STRE_--T m SE.=.ASTiAN, FLORIDA ..., ~._,.: ~ TELEPHONE (561) $89-5330 a FAX (~:61) SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 26, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROI~L CALL Cikv Council Present; Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Camvright Mr. Chuck Neuberger Mr. Larry Paul Staff Pres¢llt: City Manager, Thomas Frame Acting City Attom~, Timothy Williams Chief of Police, Randy White Finance Director, Janet Isman Deputy City Clerk, Sally Maio Administrative Assistant, Linda Galley Regular City Council Meeting August 26, 1998 Page Two 98.154 98.037A AGENDA M. QDIFICATIO2q$ (ADDITIONS AND/OR, DELETIONS) Items not on the written agenda may be added only upon majority vote of C/ty Council members ~-97-21) The City Manager requested addition of New Business item G regarding a request for a construction staging area for water expansion phase IIA at Blossom Park. MOTION by Cartwright/Neuberger I move to add item G Blossom Park staging area to the agenda. VOICE VOTE on the motion carried 5-0. PRO~AMATIONS. ANNOUNCEMENTS_AND/OR PRESENTATIO3qS A. Preli~tation of Certiftcgc - Joseph ~en~razi.o - Code Enforcement Board Mayor Sullivan presented a certificate of appreciation to Joseph Generazio. B. Presentation of Certificate - David Nisbet - Recreation 3,4visory B0ar. gl David Nisbet was not in attendance. CITY fiTTORNEY MATTERS - None CIIY MANAGI~I~ MATTI~R$ The City Manager stated: * Indian River County has started ambulance service at the Barber station * Discussed a meeting relative to the FDOT proposal to six lane US 1 in 15 to 17 years and the City's opposition o Reported that work has begun on the CDBG improvement project for Indian River Drive and Cavcorp * Discussed a Recreation Advisory, Board recommendation to put out a request for proposal for a skateboard park at Barber Street Sports Complex, advised Council to look carefully at the site, and said he would try to bring the matter back to the next agenda CONSI~NT AGENDA All items on the consent agenda are considered to be 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 requests: in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/12/98 Regular Meeting, 8/19/98 Special Meeting, 8/19/98 Workshop The City Manager read the consent agenda. Regular City Council Meeting August 26, 1998 Page Three Mrs. Wininger removed the August 12, 1998 minutes and amended them as follows: Page two, last sentence, change to "She questioned the Applied Aquatic contract which /5,~ , and had expired 5/19/98 an 3vas not brought before the Council for renewal." MOTION by Wininger/Neuberger I would move to approve item A as amended. VOICE VOTE on the motion carried 5-0. 10. PUBLIC HEARING - None 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Herbert Sturm, 549 Saunders Street, Sebastian, read fi.om twenty pages of documents he had submitted to City Council today, alleging non-compliance of a police department report of one of his complaints against former and current city staff and officials. A point of order was called when Mr. Sturm questioned the City Manager and Mayor Sullivan advised Mr. Sturm to address Council for his allotted ten minutes. Leonard Bassi, 573 Browning Terrace, Sebastian, read his list of charges against former and present city staff and officials. Mrs. Cartwright read fi.om Council meeting procedures Resolution R-97-2 lwhich states "Introduction of New Business fi.om the Public is defined as an item that has occtm'ed or was discovered within the previous six months." Mayor Sullivan concurred but said that she would allow him to continue for his allotted ten minutes this time, since Mr. Sturm had been given ten minutes. The Acting City Attom~ advised Council not to discuss any pending litigation. 12. COMMITTEE REI~ORT$/RE COMMENDATIONS 98.03713 ReCreation Advisor3,. CQmmJtte~ 1. Interview anql Appoin~ 2n4 Alternate M~mber - Unexpired Term to Expire 12/98 (Citv Clerk Tran~mig.~l 8/18/98L4 Application~,Member List, Advertise: ent) It was noted that Mr. Baker had withdrawn his application todav by phone to the Citv Clerk's Office. City Council interviewed Andrea Cov and Nancy Pfister. lvlOTION bv CartxwighffNeuberger I move to appoint Mrs. Pfister to the second alternate member position. VOICE VOTE on the motion earned Regular City Council Meeting August 26, 1998 Page Four TAPE I - SIDE II (7:48 p.m.) 98.119 B. 13. Budget Adviso~ Congr~ittee 1. Presentation of Reconlj~endation for Fiscal Year 1_998/99 BuOget (Ci .ty Manager Transmittal 8/20/98, Draft Recommendation) Joe Barczyk, member of Budget Advisory Committee, presented the committee's final report to Council (see attached). Mrs. Wininger read fi.om her letter dated 8/14/95 questioning the need for the sign shop. Discussion took place on whether or not to continue or disband this committee. It was noted that Council's original intent was to form a permanent board in the future, therefore, discussion continued on whether or not to appoint the current members or appoint new members. MOTION by Sullivan/Neuberger I would move that we direct the City Attorney to write an ordinance establishing a permanent Budget Review Committee for the City of Sebastian. Mrs. Wininger noted that once the board is permanent, certain members who are members of other boards would have to choose one board or the other. Mrs. Sullivan said since there is no motion on the floor to discontinue this committee, it was her assumption that this committee would continue until a new ordinance'is passed. VOICE VOTE on the motion carried 5-0. MOTION by Sullivan/Wininger I would move to accept the recommendation of the Budget Review Committee for the Council's review and consideration of the proposed city. budget of the year 1998/1999. VOICE VOTE on the motion carded 5-0. The committee was commended for its review and recommendation. OLD BUSINESS - None 4 Regular City Council Meeting August 26, 1998 Page Five 14. NEW BIJ$INESS 9s. xo2 A. Resolution3qo, R-98-39 - Bond for Paving Program - Authoriz~ ~10vor. Vice Mayor and Cl~rk to Execute Clgsing Documents (Filaance Director Transmittal 8/20/98~ R-98-39) A RESOLIYI'ION OF THE CITY COUNCIL OFTBE CITY OF SEBASTIAN. FLORIDA: AUTHORIZING THE ISSUANCE OF A NOTE OF THE CITY IN THE PRINCIPAL AMOUNT OF $3,268,890 TO FINANCE COSTS OF ROADWAY IMPROVEMENTS; PROVIDING TItAT SUCH NOTE SHALL BE A LIMITED OBLIGATION OF THE CITY PAYABLE FROM THE MUNICIPAL FUEL TAX AND LOCAL OPTION FUEL TAX REVENUES OF THE CITY AS PROVIDED HEREIN; PROVIDING FOR THE RIGHTS, SECURITIES, AND RF..MED~ FOR THE OWNER OF SUCH NOTE; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION HEREWITH; AND PROVIDING AN EFFECTIVE DATE. The Acting City Attorney read Resolution No. R-98-39 by title only. Mark Raymond, attorney with the fu'm Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A., introduced Leslie Down of Suntrust Bank South Florida National Association, gave a brief presentation on the resolution authorizing a promissory note to be issued tomorrow in the amount of $3,268,890 with an interest rate of 4.4%, and to be repaid from municipal gas tax and local option gas tax funds. He said, for the record, he had prepared the resolution and it had been reviewed by the Acting City Attorney and he concurs. MOTION by Cartwright/Sullivan I move to approve Resolution 98-39. The Acting City Attorney said he reviewed the note and resolution, would defer to bond counsel's expertise, but found the note to be straightforward and found nothing wrong with the resolution. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Mayor Sullivan called recess at 8:20 p.m. a J ,econvened the meeting at 8:37 p.m. Ail members were present. Regular City Council Meeting August 26, 1998 Page Six 98.160 B. SpeciaJ Waterway Projects Program (SWPP) Grant ApplicatiQlqS Approv;~Is (Public Works Tr0,m/n~iltal 8/18/98, R,-98-36, R-98-37) The City Manage~/ gave a brief explanation of grant funds available on a 50/50 match, no funds were set aside for match, and said that he was merely seeking authority at this time to apply for the grants. 1. Re~;oltlfion No. R-98-36 - Main Street Ramll A R.F21OLIYrlON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE, APPLY FOR AND ADMINISTER, AND THE CITY CLERK TO ATI'EST, ON BEHALF OF THE CITY OF SEBASTIAN, A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS PROGRAM (SWPP) GRANT FOR THE MAIN STREET BOAT RAMP EXTENSION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The Acting City Attorney read Resolution No. R-98-36 by title only. MOTION by Sullivan/Neuberger I would move approval of Resolution No. R-98-36. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cmwright - aye MOTION CARRIED 5-0 2. Resolution N~ tt-98-37 - Yacht Club Ramp A RESOLLrrloN OFTHE CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTF~ APPLY FOR AND ADMINISTER, AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF SEBASTIan, A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS PROGP, AM (SWPP) GRANT FOR THE SEBA-RTIAN YACHT CLUB BOAT RAMP EXTENSION; PROVIDING FOR REPEAL OF P~SOLtmONS OR PARTS OF REsot.tmoss IN coNFLICT aEm~wrm; AND PROVIDINO FOR AN EEFECTIVE t)ATE. The Acting City Attorney read Resolution No. R-98-37 by title only. MOTION by NeubergeffCartwright I move to adopt ROLL CALL: Mr. Patti - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cart,wight - ave Mr. Neuberger - aye MOTION CARRIED 5-0 6 Regular City Council Meeting August 26, 1998 Page Seven Mrs. Sullivan said she had received materials from Robert Johnson on available grants for the Barber fire station addition. Discussion took place on ownership of the land on which the station sits, and its effect on obtaining grants. She turned the documents over to the City Manager for review. 98.001 Resolution No. R-98-38 - Falcon Cabl~ 60 D~v l~,xtension - 9/4/98 to 11/2/98 (Ci .ty Manager Transmittal 8/20/98. ~-98-38) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA. GRANTING AN EX-rENSION OF AN ILXISTING NON-EXCLU$1VI~ CABLE TELEVISION FRANCHISE FOR A MAXIMU3d OF SLX'TY DAYS UNLESS ADDITIONAL TIME IS EX'TENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE RI~VENUE; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager had distributed a draft cable franchise ordinance prior to this meeting; said he was also trying to tie in an ordinance from Safety Harbor, and that he hoped to have something completed within 30 days. The Acting City Attorney read Resolution No. R-98-38 by title only. MOTION by Paul/Cartwright I'd like to move to approve Resolution No. R-98-38 extending the e,,dsting cable franchise with Falcon Cable Media for an additional 60 days. Mr. Neuberger objected to anY more cable extensions. TAPE II - SIDE I (8:54 p.m.) ROLL CALL: Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul ' aye - aye - nay - aye MOTION CARRIED 4-1 (Neuberger - nay) Regular City Council Meeting August 26, 1998 Page Eight 9g.161 D. ApIlrov¢ Extensj. orl of Contragkwilh_Appli{;d Aquatic M.t~nagement. Inc, for One Additional Year_in 01e Amount of $_~.9.500 (Asst. to Cj.tv Manager/Purch0~ng Agent.Transmittal 8/19/98) The City Manager said the difference in the amount was due to a change order during the first year of the contract. MOTION by Wininger/Cartwright I would move that the conlxact be extended for one year effective May 19, 1998 to expire May 18, 1999 and at that time it will be subject to renewal again and at the price of $29,340. ROLL CALL: Mrs. Wiainger - aye Mrs. Canwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 98.162 E. Al~prove Renewal_of F10dda League of Cities Insulrlmce Policie~ in the Amount of $239~655 to be Apprqpriat~d in 1998/99 FiscaLY~'or_ a~t Authorize City ]Manager to ~xecute Two Year Premium Agr~mcrlt (['inance Director T.r~$111ili01 8/18/98L Renewal_Quotes, 2_Yr. Premium Guarantee) Following discussion on the pros and cons of locking in for two years at' this'rate or paying one year at a time at a lower rate, whether the amount had been negotiated, direction to the City Manager to review the past five years' premiums, and a withdrawn motion, a final motion was made. MOTION by Cartwfi~aul I move to defer the item until September 9, 1998 and ask staffto return us with the requested information. VOICE VOTE on the motion carried. 98.025 F. 3I~rove Purchase Order with C~K~McLdlan for $7,500 for Installation O_f Marthole in Main Street. pipelila~ ~ulolic Works Trrm~mit~al 8/I 8/98) MOTION by Neuberger/Cartwright i move to approve purchase order with C.R_ McLellan for $7,500 fo~ 'installation of a manhole in Main Street pipeline. ROLL CALL: Mr. Neuberger - ave Ivlr. Paul - ave Mrs. Sullivan - ave Ivlrs. Wininger - ave Mrs. Cartwright - aye MOTION CARRIED 5-0 Regular City Council Meeting August 26, 1998 Page Nine 98.163 15, G. ]~_¢tg~;_fo_r C_on~Lmction Staging Area for Water l~xpansion Phas~ [IA at Blo~om Park This item was added to the agenda during agenda modifications (see CiW Manager memo dated 8/26/98 attached). Mike Hotchkiss, Indian River County Utilities, addressed Council, requesting the Blossom Park site. It was suggested that the County approach Shiloh Ranch to use its property or look to other County property. MOTION by Cartwright/Sullivan I move to deny the request for the staging area at Blossom Park but ask the City Manager to work with the County to help fred another location. VOICE VOTE on the motion carried 5-0. CITY COUNCIL MATTERS A. h/Irs. Louise Cartwright Recommended that a review of the circumstances of Mr. Neglia's code enforcement · violation be placed on the September 2, 1998 special meeting agenda. A consensus poll resulted in a vote not to place the item on that agenda. Mrs. Cartwright - ave Mr. Neuberger - nay Mr. Paul - ave Mrs. Sullivan - nay Mrs. Wininger - nay B. Mr. Chuck Neuberger Said he was not impressed with the walking excavator and suggested cleaning ditches and coming behind with a badger to pick up debris. Mr. Larry Paul Said he had received calls from Emerson Lane residents stating their road needs patching Discussed calls he received urging location of county offices in the old Veto Mall to save money Suggested street light on the curb area of Caravan and Crystal Mist or striping Periwinkle 9 Regular City Council Meeting August 26, 1998 Page Ten TAPE II - SiDE II (9:40 p.m.) Mayor Ruth Sullivan Requested concurrence of Council on seeking a grant on the ambulance building. It was suggested this be coordinated with the county by the City Manager. 16. E. Vi~:~ Mgyor Martha Wjll~ger Said she had found an invitation after the fact fi.om the Acting Public Works Director to attend the walking excavator demonstration, and apologized for not attending. Chief White announced that he had just been informed that the Police Department had just had its first save with the aid of one of the recently purchased automated external defibrillators. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 9:43 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Katluyn M. O'Halloran, CMC/AAE City Clerk 10 i City of Sebastian 1225 MAIN STREET r~ ~E_,=A~TiAN, FLORIDA TELE,=HONE (-,=6~) ~89-~330 ~ FAX (56I) ESS-SET0 $EBAST~N CI~ CODNC~ WO~SHOP MINUTES WEDNESDAY, SEPTEMBER 2, 1998 Following 7:00 p.m. Special Meeting CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the workshop to order at 7:16 p.m. The Pledge of Allegiance was recited. RQhLCALL City Cotmcil Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwfight Mr. Chuck Neuberger Mr. Larry Paul Staff Present City Manager, Thomas Frame Acting City Attorney, Timothy Williams Deputy City Clerk, Sally Maio Administrative Assistant, Linda Galley. 3 City Council Workshop September 2, 1998 Page Two 4. 3VORKSHOP ITEMS 98.15s A. Review Proposed Language for Charter Am~;rl~n_ent for Charter ]%view Commit.~ee and Procedure (Proposed Language. Cu~entCit~ Charter) It was the consensus of City Council to allow public input after Council discussion. The Acting City Attorney read the proposed charter amendment language as submitted in the agenda packet. Following a lengthy discussion, it was the consensus of Council to amend the language as follows, and direct the City Attorney to draft an ordinance for a charter amendment to be placed on the ballot for March 1999. "Not later that April 1.~ of the year 9.Lg_q2 and every ~ years thereafter, the City Council shall appoint a Charter Review Committee to review the Charter of the City. Each Charter Review Committee shall consist of fifteen residents of the City. The committee shall otherwise be appointed in the manner provided by taw thc C,,.9qle of_Ordinances. The committee shall be funded by the City Council and shall be known as the "City of Sebastian Charter Review Committee." It shall, within Six months fi.om the date of its formation, present to the City Council its final recommendations for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the Charter Review Committee shall conduct two public hearings, at intervals of not less than fourteen days, prior to the transmittal of its recommendations to the City Council. The City Council may by ordinance submit any or all of the recommended amendments to the electors'f0r vote at the next general election held within the city or at a special election called for such purpose." Discussion took place on adoption of another ordinance to be effective upon approval of the charter amendment by the city's electors, which would set out appointment procedures for the Charter Review Committee. 5. Being no further business, Mayor Sullivan adjourned the workshop at 8:20 p.m. Approved at the · 1998, Regular City Council Meeting. Kathryn M O'Halloran, CMC/A2XE City Clerk Ruth Sullivan Mayor i 122E MAIN STF[E_=T ~ SE_=.ASTIAN, FLORIDA ~.-'~ · ..,,e..~= ~ TELEPHONE (E61) 589-5330 c~ FAX (561) 589-55,70 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, SEPTEMBER 2, 1998 - 7:00 P.M. CITY COUNCIL CH. AMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL,ALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: City Manager, Thomas Frame Acting City Attorney, Timothy Williams Deputy City Clerk, Sally Maio Administrative Assistant, Linda Galley. Special City Council Meeting September 2, 1998 Page Two 98.158 Approved at the SPECIAL MEI~TI~G ITEMS Hearing in Accordance ~th Code of Ordinances Seg;ikon 2-172 ~garding_Consideration of Board Memb(~r Removal (Hearing Letters..$.qg.t~.oa 2-172. Applic~ion) Jerry Smith, 9406 126th Avenue, Fellsmere, stated he had requested this hearing to resolve the allegation that he wrongly filled out his Construction Board application relative to the question "Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state?" He said he understood the question to ask whether had he been convicted of a felony involving moral turpitude or a misdemeanor involving moral turpitude and he had answered it honestly as he understood it. He noted that his application to the City' for his contractor test for tile and marble indicates that he stated he had been convicted of a felony. He submitted a copy of that application to the City Attorney (see attached). The Acting City Attorney said there is nothing in the city codes or state statutes to provide for removal of a member with a prior felony conviction, thus this could be only removal without cause. He discussed the legal intent of the question, however, agreed that the question would be confusing to the layperson and should be separated into two questions. MOTION by Sullivan/Camvright I would like to make a motion right now that the application be changed so that question 18 be separated into two separate questions. VOICE VOTE on the motion carried 5-0. MOTION by Neuberger/Sullivan I'd like to make a motion to take no fur/her action. VOICE VOTE on the motion carried 5-0. Being no further business, Mayor Sullivan adjourned the workshop at 7:15 p.m. 998, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk Ruth Sullivan Mayor I City, ti a n Sebastian, Florida $2958 Telephone (561) S&9-5530 FAX (561) $89-5570 Subject: Code Enforcement Board Agenda No. ~2t~./Sd// Department Origin: City Clerk Approved for Submittal by: Ci.ty Manager -'~ Date Submitted: 8/31/98 .~~/ d. (~~.~~ For Agenda of: 9/9/98 Exhibits: Resignation Letter Expenditure Required: I Amount Budgeted: ] Appropriation Required: N/A I N/A I N/A SUMMARY STATEMENT Joseph E. Flescher has submitted his resignation as a regular member from the Code Enforcement Board as of August 20, 1998. RE. COMMENDED ACTION Accept resignation of Joseph E. Flescher from the Code Enforcement Board, with re,et. August 19, 1998 AU6 z 0 1998 Dear Chairman Negtia, Please consider this my letter of resignation from the Sebastian Code Enforcement Board as of August 20, 1998. I have enjoyed my time w~th the Board and I hope that I have had a positive impact on the City and the residents of Sebastian. Sincerely, I I I I I I I I I I I I I I I I I I I I City of Sebastian 1225 Main Street Sebaatian, Florida 32958 Telephone (~61) 359-$330 FAX (561) 589-I~570 Subject: Code Enforcement Board Approved for Submittal by: City, Manager Exhibits: Three applications, member list, advertisement Agenda o. Department Origin: City Date Submitted: 9/1198 For Agenda of: 9/9/98 Expenditure Required: N/A Amount Budgeted: N/A Appropriation Required: N/A SUM/VL~KY STATI~MENT There are currently three openings on the Code Enforcement Board due to recent resignations. One regular member businessman position, one regular member position and one alternate member position. Three applications have been received. Donna Merritt is currently on the Board as an alternate member and would like to be considered for the regular member Businessman position, We had applications on file to fill the regular member position of Joseph Hescher, who has just submitted his resignation, so that position was added to this transmittal. RECOMMENDED ACTION InterAew applicants, unless waived by Council, and appoint applicants as follows: 1. One regular member businessman position - Unexpired term expires 3/2000 2. One regular member position - Unexpired term expires 3/2001 3. One alternate member position - Unexpired term expires 4/2000 AP~I~ICATION TO SERVE QN CITY BOARD/COMMITTEI~ (All City Board and Committee Members Must be Residents of the City of Sebastian) _HOME PHONE:a.~b,/-~'8.~_~~OME FAX: susn, rESS ADDRESS: /..W o / -7-'~,~. ~/~) ¢~e .J") > ~ YOU A ~GIS~D VO~R? ~ ~ VO~R ~O. NO. HOW LONG ~ YOU BE~ A ~S~T 0F SEBAST~? / ~ 0 DO YOU C~Y HOLD ~ P~LIC O~ICE? DO YOU P~S~LY SERVE ON A~ OT~R CITY BOA~ OR CO~I~EE? ~CH BOA~S/CO~WEES? ~ ~ PLEASE C~CK ~ BO~S 0N ~CH YOU ~ ~TE~STED ~ SERV~G ~ O~ER OF P~~CE ~TH F~T CHOICE BErG ~1: BOARD OF ADJUSTMENT CITIZEN ADVISORY TASK FORCE (NOT CURRENTLY MEETING) CODE ENFORCEMENT CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE .PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD RIVERFRONT COMMITTEE TREE ADVISORY COMMITTEE I I i PPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOAR~D OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY i/ELONY OR ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR. ANY STATE7 WOULD YOU CONSIDER SERVING ON A BO .AI~D, OTHER THAN THE ONE(S) SELECTED ABOVE? V ~' ~ I hereby certify that I am qualified to hold thc position for which this application is made. Further, I hereby authorize thc City of Sebastian to investigate thc truthfulness of all information which I have provided in this application. I understand that any misrepresentation or ommission of information requested in this application is cause for disqualification or removal. ~ot~ry Public, State Ot'~orida I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific boa[d or commi~is available if requested., Sl~bssfi~ and sworn to .before me this ,~,k~,~ day of ~f/~ , ./O6~, by /(.~/~.;~~ ~ , who is personally known ~' me, or has produced as identification. (All City Board and Committee Members Must be Residents Busn~ss ADDRESS: } Oqq ~ e~t~0 ~ .5 V- BUS[NESS PHONE:...~ ~-~__/c/Ch BUSINESS IX,X: E'~X4--~: ~Z [ Cf_~ [eS ~ ARE YOU A REGISTERED VOTER? (~ ~ '~ VOTER REG. NO. " HOW LONG HAVE YOU BEEN A KES~'0F SEBASTIAN? ._~ c~ ~_._~ ~.~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? r~ & DO YOU PRESENTLY SERVE ON ANY OTHER CHY BOARD OR COMN~TrEE? WHICH BOARDS/COMMITTEES? ~ 0 PLEASE CI~CK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN oRDER. OF PREFERENCE WITH FIRST CHOICE BEING/$I: 4 1 3 BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMNfiTTEE PLANNING AND ZONING COMNflSSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD OTHER TEMPORARY C 0NIMITTEE (WRITE tN COMMITTEE NAME) PL[CABLti EDU(23kTION AND/OR EN2PERIENCE: (attach separate resume if necessary) WO~D YOU CONS~ER SER~G ON A BO~ O~R I hereby ~ ~ I ~ quali~ ~ hold ~e ~ifioa for w~eh ~s application is m~e. F~er, I hereby ~o~ ~e Ci~ app~cafiom I ~d application B ~ for ~squ~cafion or ~ovfl. I have ~ p~i~ 2-173 (a~h~. ~o~afion ~tafive to a ~p~ific bo~ or ~~ is ava~able ~e~u~t~ ' -~/No~ public, Smte~fida X,wp- form\applicat.~d .~ ".,~, ,/'~., ,: EXPIRES: June All City Board and Committee Members Must be Residents of the City~~ BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: ARE YOU A REGISTERED VOTER.'? .-~,o .~ VOTER REG. NO.. ' // "7 [ /. HOW LONG HAVE YOU BEEN A RE-S"tDENTOF SEBASTIAN? C-¢__O_~.~L...- / DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? .,,.,. j ~,. PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN oRDER OF PREFERENCE WITH FIRST CHOICE BEING #1: BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMNflTTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD (WRITE iN COMMFrTEE NAME) ...-, 'i/' ' ' ..... REAsoNs FOK WANTING TO SEKVE ON BOA~ OK COMMITTEE: LIST ~ ~D~ON~ QU~iCA~ONS T SEK~ ON BOA~ OK CO~ITTEE: . WO~D ~OU CONSm~ SE~G O~ ~ BO~ O~ T~N ~ O~(S) S~LECT~D I h~eby ~i~ ~m I m qua~fi~ m hold ~e ~sifion for whch ~s application is m~e. F~er, I hereby ~o~ ~e Ci~ of Seb~fi~ m ~v~figa~ ~e ~~s of ~1 ~omation w~ch I havo provid~ ~ ~s app~cafiom I red,md ~at my ~s~~on or o~sion of ~omation reques~ ~ ~s ~plicafion i, ea~ for ~squ~fficafion or ~ov~. I have ~n pmvid~ ~ ~ ~d ~de~md C~f Se?fi~ C~e of Orates S~o~ 2-~ ~6 ~ou~ \wp- [orm\applicat. wpd Javne L. Barczyk llome Phone 561-388-1949 Email JBarczyk'~',-\OL,~.~>m 609 Caravan T=wace Sebastian, FI 32')58-658I July 30, 1998 APPLICATION TO SERVE ON CITY BOARDS/COMMITTEE 1. Code Enforcement Board 2. Charter Review Committee Experience: Nominated by Govemor Chiles to serve as Long-Term Care Ombudsman. Served as District 5 Chairman on the Ombudsman Council for one term. Courses in Florida law pertaining to the protection of the eldedy in long-term care. Courses in the proper ways.to evaluate and make a determination of complaints. Taken seminars in the mediation procedures between parties and how to direct the outcome that is both fair and just for both. Taken classes through the Dept. Of Elder Affairs on how to investigate complaints and determine the law that is applicable for the situation. Attended retreats on the methods of forming and building coalitions. Represented District 5 in Washington D.C. with the Close-up Foundation. Served on the Safety Harbor, FI. library Committee both as a member and as an officer. Reason For Serving on Board or Committee: I have previously served in another city and wished to serve my new community. I believe you must help your city grow using your background of experiences, knowledge and dedication. NUMBER OF E .~4D TERaMS AND YEARS FOR F. ACH INDIVIDUAL ARE AS OF 7/I/98 AND WiLL BE REVISED A' TIlE BEGINNING OF EACH MONTH CODE ENFORCEMENT BOARD MEETS THIRD WEDNESDAY OF EACH MONTH - 2:00 P.M. THOMAS T. CC ,NELLY 149 KILDARE i2 ?IVE SEBASTIAN F~- 2958 388-1846 ENGINEER POSITION APPOINTED REG. MEMBER TEt~M VACATED BY G. METCALF: 9/11/96 TERM EXPIRES: 8/I/99 (Currently in 1S~ 1058 BAR.BER SEBASTIAN, F 5894940 (currently in 2N~ SALVATORE Y 461 GEORGIA SEBASTIAN, F' 388-5020 (currently in 2N~ ALLEN G. SC? 734 ROSE AVE SEBASTIAN, F 388-1805 mm and 2ND regular member year) ~ ~POINTED REGULAR TERM: 3/94 )RIDA 3295~t-- ---.--~.. /TERM EXPIRES: 3/97 -"~~ ~AP_.P?. _ff~.~D~ REGULAR TERM: 4/97 ...~../' -~-~---.TE_ RM EXPIRES: 3/1/2000 ~.til tam ~ 5TH regular member year) , ~!GLIA MEMBER POSITION .'~'D. APPOINTED REGULAR TERM: 3/94 ;,RIDA 32958 TEI~M EXPIRES: 3/97 RE~POIN ED REGULAR TERM: 4797 TE~M EXPIRES: 3/1/2000 "~1 term and 5TH regular member year) ELD SUBCONTRACTOR POSITION ~,... APPOINTED REG~ MEMBER iRiDA 32958 POSITION VACATED BY MACK M. AY: 6/17/98 UNEXPIRED TERM TO EXPI]LE: 2/2000 (NO FTJ'LL TEF. - 1ST REGULAR. MEMBER YEAR) KEN COSCO P.O. BOX 7312 SEBASTIAN, F 388-5432 ~ mA 32958 AP?O~TED 1st ALTE:NATE TE:M: 6/95 TE*M TO EXPIRE: 6;'98 A?POINTED TO REGULAR MEMBER REALTOR POSITION VACATED BY D. GiLLDXMS: 5/96 TE.:LM TO ETCP[RE: _~/99 (Currently in U] :(?!RED TE~',,[ and _*.rd :e:-ziza, member yc:.r'~ -JOSEPH E. FLE$CHER 2~9'JO..YHAVEN DRIVE SEBAST~N~.._FLORIDA 32958 388-9531 j~ .... TERM TO EXPI .~ (Akemate tcvms~a~d~yem not eotmmd) (NO FL~L~.L--TERM - 1 ST REGULAR MEMBER YEAR) PETER. CAVALLO 518 SAUNDERS STREET SEBASTIAN, FLORIDA 32958 388-3525 APPOINTED AI POSITION: TERM TO EXPI APPOINTED TC IU .. GENERAL COIN' )T: VACATED BY MICt: (Alternate terms and years not counted), (NO FULL TERM - iST REGULAR MEMBER YEAR)r DONNA TOOT MERRITT 754 MAR~ AVENUE SEBASTIAN, FLORIDA 32958 589-3249 APPOINTED POSITION' TERM TO (ALTERNATE TERMS AND YEARS NOT COUNTED) KEVIN MACWILLiAM, ATTORNEY ArE 4/97 :D REGULAR 10/8/97 3/1/98 ~ :,AR .',~EMBER 2/25/98 3/2001 ,TE] ~ EMBER 1/98 4/2000 · .'_",AR LEMBER : 3R 12 ,~SITION 2:'~ I'VE. 6/17/9g --: !RE: 6/99 t., TE :' ;EMBER 5/17/9g .5/2001 I I I I I I I I I I I 122S MAIN STFIE_--T [] SE'-~ASTIAN, FLGFtlDA I AUGUST 11,1998 TELE?HCNE (5~1) 5~9-53~0 [] FAX (~61) I PRESS RELEASE I CODE ENFORCEMENT BOARD i THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE REGULAR MEMBER BUSINESSMAN POSITION AND ONE ALTERNATE MEMBER POSITION ON'. THE CODE ENFORCEMENT BOARD. I QUALEFICATIONS: ' , BUSINESSMAN POSITION: ALL APPLICANTS SHALL BE ACTIVELy ENGAGED IN ANY LAWFUL BUSINESS WITHIN THE CITY, OR SHALL BE AN OFFICER OR EMPLOYEE OF A BUSINESS ENTITY HOLDING A CURRENT AND VALID OCCUPATIONAL LICENSE ISSUED BY THE CITY. ALTERNATE POSITION: ALL APPLICANTS MUST BE RESIDENTS OF THE CITY OF i SEBASTIAN. THE CODE ENFORCEMENT BOARD MEETS THE THIRD WEDNESDAY OF EAcH I MONTH AT 3:00 P.M. IN THE CIT~,COUNCIL CHAMBERS. AP?LICATIONS ARE AVAILABLE AT THE CiTY CLERK S OFFICE, CITY HALL, 1225 ~ STREET, i SEBASTIAN, FLORIDA BETWEEN THE HOURS OF 8:00 A.M.AND 4:30 P.M. AND WILL BE ACCEPTED UNTIL FRIDAY, AUGUST 28, 1998. 1 i i I City of Sebastian 1225 Main Street Sebastian, Horid~ 32955 Telephone (561) ~89-5330 FAX (561) 589~5570 Subject: Tree Advisory Board Approved for Submittal by: City Manager Exhibits: Resignation Letter Expenditure Required: N/A Agenda No. Department Origin: City Clerk~b~t~ Date Submitted: 9/1/98 For Agenda off 9/9/98 Amount Budgeted: J Appropriation Required: N/A J N/A Marlene A. Ulisky September 1, 1998. SUMMARY STATEMENT has submitted her resignation as a member of the Tree Advisory Board effective RECOM~ENpED ACTION Accept resignation of Marlene A. Ulisky from the Tree Advisory Board, with re~et. SUBJECT: City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5330 D FAX 1561) 589-5570 AGENDA TRANSMITTAL Liability, Property, & Workers' Compensation Insurance Renewal Approved For Submittal By City Manager ~~ ~.~ Agenda No. ~?./~ Z Dept. Origin: Finance Finance Director~ Date Submitted: 09/o2/98 For Agenda of: 09/09/98 Exhibits: Renewal Quote, Two Year Premium Guarantee EXPENDITURE REQUIRED: $228,243 AMOUNT Proposed APPROPRIATION BUDGETED: $228,243 REQUIRED: $0 SUMMARY STATEMENT Florida League of Cities, through the Florida Municipal Insurance Trust, has offered to renew the City's insurance policies for General/Professional Liability, Automobile Liability, Automobile Physical Damage, Property, and Workers' Compensation. The renewal quote is for less than the current year's premium of $304,641, and includes a guarantee of this premium for two fiscal years. The premium with the guarantee would be $228,243. The Florida League removed the additional premium for the two year guarantee due to their own and their customers discomfort with the actuarial estimate, and has offered the two year guarantee at the same premium as was offered only for fiscal year 1998/1999. RECOMMENDED ACTION Move to approve the renewal of the insurance policies with Florida League of Cities for $22S,243, to be appropriated in ~he 1998/1999 fiscal year. Authorize the City Manager to execute the Two Year Premium Guarantee Agreement. JU~-~O-98 ?UE 06:~0 PM FLGRiD~ LEAGUE Florida ,League Public Ri~k P.O, Box .530065 Or!aada, FL 32853.-0065 F~ NO. .0/ol/7tS; CITY OF SEBASTL~'q RENEWAL QUOTE FOR 1~98-99 .Option I - Standard Renewal Covet-a~e Deducffbte 'Limit Premium General/Pro~onal N/A $1,000,000 $ 93,752 Liabili~ Amomobile Liability lq'IA $1,000,000 $16,745 Automobile Physical P~r Schedule $11,i 34 Damage Prop~-~y Com~nsation $1,000 10/1/97 Exp.. Mod 1.06 $3,630,754 Total Payroll $3,113,307 Total Ne'. Pre-aim: '!nciud~: Dr-ag Free Cmdk Yes. Sa~eT:' C.-e~r Y,¢.s (407) 425-9142 (800) S u.ncom .344-. 0720 Fax (407) 425-9378 12,195 94,417 $228,2*43 FLOR. IDA ?vFb%'ICIPAL iNSUtL, NCE TRUST TWO YE.~>,. P~NLFO~[ GU;at:L-UN'TEE AGR..EE.X,[E.NT Oc:ober I. I998 - September 30, 2000 TI--~S AGREEMENT, made ---nd entered into th. is day of , 19 by and be~,veen the , (hereinafter referred to as the "Member") and the Florida Mtmicipal Insurance Trust (hereinafter referred to as the WHEREAS, the FMIT has determined it is in the best interest of the FMIT to offer the ..Member a Two Year Premium Ouarantee Plan, and WT-~REAS, the Member has de:ermined it is in the best interest of the Member to utilize the Two Year Premium Guarante= Plan. NOW, THER. EFORE, for and in consideration of the mutual covenants, promises and obligations herein contained which are ~ven to and accepted by each party hereof to the other, the parEies to this im'tmment covenant., rd=ulate and agr_ ee as follows: aer~:n, the following wcrds and =hr,~es shait aave the foilo,,uSng meanings: "Coverage ?:,--iod' me&~.s Lb, e aeLod z zho~vn on the Dec!~a~iop. s or' ,.he FMIT I I h. ;'Rares" mean the armuai renewal rotes approved by the FMIT fbr the FMIT's I pror~erry and casualty, coverages and used l:br calculation o~' the Member's c, ross I premiums. . i i. ~'Exposures" mean the basis on which the FMIT rates m'e a=mied to deve!oo ~oss I premiums including but not limited to payroll, job classification, population, law enforcement of:ftc=m, vekic!es, real and personal properties, and otlaer i miscellaneous exposures. ' I j. "Indemnity Agreement" means the FMIT's Inde:rmity A~eement, the I eni ent~ed into between the FNET and the member, and any Participation A~eem~ I other agreement, c~:~4..~cate document, or other insmrment executed by the Member and the FMIT. ' I ! 2. Subject to the te7 and conditioms contained in this Ag-reemenr, the Member and the I F.-'vgT a~e~ Memoer's Premium Guarantee during the coverage period shall be the net premium shown on the Dec!ararlons of the FMIT Agreement. I ! $. Tae Member a~rees ~at it will ~sist the FNgT by time!v :roviding the F'.MYT wiut~ u=dated information proiec:ing uhe FNI~T's ex=osur= for the ©c:ober I. 1998 fisc~ year I =d ,,~Sth =v other ex:os-m'e in.t'orrna~ion ~e FMIT in g,o~d fai.'.i~, b~e!ievez mi~k~ ~ave ~ i In the event of corgticr, the provisions of ti-tis Agreement shall prevaiI over any provisions conm/ned in the Indem.n/ty Ageement. Provisions of the Inderrmity Ag-reement not in conflict w/th the provisions of d-tis Ageement shall remain in full force and effect_ Member Name Dare FLORIDA MUNICIPAL INSI,.jT,--~',~CE TRUST 'Dare Elected Official or Other Official Tkle Vqimess Author/zed Representative Title Wimess i City of Sebastian, Florida Subject: Bid Award, Main Street Baffle Box to M. D. Utility Contractors, Inc. Approved for Submittal by: Thomas Frame, City Manager Agenda No. ~./~-~ Department Origin: Public Works Martha Campbell, P.E.~ Date Submitted: 9/1/98 For Agenda of: 9/9/98 Exhibits: EXPENDITURE REQUIRED: $66,240.90 AMOUNT BUDGETED: $169,500 APPROPRIATION REQUIRED: N/A SUMMARy The Main Street Baffle Box is one of the Best Management Practices (BMPs) included in the EPA 319 Grant #WM708 and the grant from SJRWMD, Contract # 97W278. Construction bids were opened on August 25, 1998. Three bids were received: M.D. Utility Contractors, Inc. for $66,240.90, W. Jackson & Sons Construction Co. for $75,335 and JoBear Inc. for $87,527.50. DEP approval is required prior to contracting for this construction. It is recommended that the a;vard go to the lowest bidder, M. D. Utility Contractors, Inc. at $66,240.90, contingent upon DEP approval. RE C OMIME~JDF, J) ACTION Move to approve contract with M. D. Utility Contractors, Inc. for $66,24~0.90 for Main Street Baffle Box contingent upon DEP approval. City of Sebastian 1225 Main Street Sebastian, Horida gg95& Telephone (561) FAX (561) 589-5570 Subject: City Attorney Proposals Approved for Submittal by: City Manager Exhibits: Proposals (Under Separate Cover) Agenda No. ~,//~/ Department Origin: City Clerk.~t.iS'l Date Submitted: 9/2/98 For Agenda of: 9/9/98 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMAry STATEMENT In response to advertisements placed in three separate publications, we have received twelve proposals for legal services. A list of names and addresses is attached. Copies of thc proposals were submitted to you previously. Council should dec~de how it wants to proceed to review and rank the proposals, and when to schedUle interviews. RECOMMENDEI2 ~CTION Reach a consensus on review, ranking and interview for legal services, and direct staff accordingly. Legal ~grvices Pr0p0sala Howard M. Bernsteln Kimberly Soard Attorney at Law 4308C Woodstock The Plaza Building West Palm Beach, FL 33409 111 Second Avenue NE Suite 912 St. Petersburg, FL 33701 Thomas E. Spencer 9150 Palm Island Circle Jonathan A. lZerguson North Ft. Myers, FL 33903 Gonano, Harretl, & Ferguson Attorneys and Counselors At Law Rich Stringer Riverside National Bank Building Attorney at Law 1600 South Federal Highway, Suite 200 1513 Vermont Avenue Fort Pierce, FL 34950-5194 St. Cloud, FL 34769 also: Charles H. Webb Bailey Building 1438 Belle Vista Drive 3339 Cardinal Drive, Suite 200 Orlando, FL 32809 Vero Beach, FL 32963 Darren R. Young Milton A. "Al" Galbraith, Jr. 308 Cooper Drive Attorney at Law Charleston, WV 25302 3180 San Mateo Street Clearwater, FL 33759 Anthony J. Horky 22175 SW 62ad. Court Boca Raton, FL 33428 Clyde G. Killer, P.A. Attorney and Counselor at Law 7440-A South Federal Highway Port St. Lucie, FL 34952 Patrick W. Krechowski 460 Indian Bay Boulevard Merritt Island, FL 32953 Mark W. Reagan Attorney at Law PO Box 321028 1708 Saint Djorge Co~m't~ Cocoa Beach, FL 329,~2 : City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 58945330 a FAX (561) 589-5570 Subject: Communication Workers of America Approved for Submittal by: City Manager Agenda No. ¢~'./{a ¢ Department Origin: Hun0an Resources Date Submitted: September 3, 1998 For Agenda of.' September 9, 1998 Exhibits: "A" Resolution R-98-40 ~UMMARY STATEMENT Attached is the collective bargaining agreement between the City of Sebastian and the Communications Workers of America for the period of October 1, 1998 to September 3.0, 2001. RECOMMENDI~D ACTION Move to approve the Collective Bargaining Agreement and adopt Resolution R-98-40 entering into an Agreement with the Communications Workers of America effective October 1, 1998. I i I I RESOLUTION NO. R-98-40 I A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER I COUNTY, FLORIDA, RATIFYING THE AGREEMENT WITH THE COM31t[NICATIONS WORK~RS OF AMERICA FOR TltE PERIOD FROM OCTOBER 1, 1998 THROUGH AND INCLUDING SEPTEMBER 30, 2001; I PROV1Dll~G FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the Communications Workers of America is certified by the Florida Public I Employees Relations Commission as the bargaining unit for certain City employees; and WItEREAS, the City and the Communications Workers of America have negotiated a new I three year agreement commencing on October 1, 1998 and ending September 30, 2001; and i W~REAS, the City and the Communications Workers of America have reached agreement on said contract. I blOW TItEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, I Indian River County, Florida, as follows: ,, I SECTION 1. The document entitled Collective Bargaining Agreement between the City of Sebastian and the Comm~yii~tions Worker of America, which document is attached hereto and I made a part hereto as Exhibit A is hereby adopted as the employment agreement between the City I of Sebastian and the Communications Workers of America (Local 3180) for those employees covered in said agreement ~nd employed bv the City, for the period commencin~ on October 1, 1998 and I ending September .~0, 2001. i SECTION 3. This Resolution shall take effect immediately upon its adoption. I , SECTION 4. CONFLICT. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY. That in the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution 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 be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION' 4. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember _ The motion was seconded 'by Councilmember. upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this , 1998. CITY OF SEBASTIAN, FLOR[DA and, day of lgv~ Ruth Sullivan, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Timothy Williams, Interim City Attorney COLLECTIVE BARGAINING AGREEMENT CITY OF SEBASTIAN and COMMUNICATIONS WORKERS OF AMERICA (LOCAl., 3180) 1998-99 · 1999-00 * 2000-01 AGREEMEkNT Section 1. This Collective Bargaining Agreement ("Agreement") is entered into by the City of Sebastian, Florida ("City" or "Employer") and COMMUNICATIONS WORKER OF AM2ERICA, AFL-CIO, ("Union" or "CWA"), and has as its purpose the promotion of harmonious relations between the City and CWA; the establishment of an equitable and peaceful procedure for the resolution of wages, hours, and other conditions of employment for the employees covered hereunder. This Agreement shall be effective when properly ratified by the "City" and the "Union" and shall remain in force and effect through September 30. 2001. Section 2. Throughout this Ageement masculine gender pronouns shall be read to include the feminine gender where appropriate. CWA Contract Agreement October l, 1998 to September 30, 2001 Page 1 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 recogrdtion 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 fitrnishing essential public services vital to the health, safety, protection, and comfort of the residents of Sebastian; and WI-EE~AS, both the City and its employees have a high 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 TI-EEREFORE, 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 a~n'ee as follows: CWA Contract Effective October t. 1998 to September 30.2001 ARTICLE 1 UNION RECOGNITION Section I. The City recognizes the Union as being certified by the Florida Public Employees Relations Commission and as such is the sole and exclusive bargaining agent, for those full-time and part-time employees working within the unit, for the purpose of negotiating matters of wages, hours and other terms and conditions of employment. The specific job classifications included by these certifications are listed at Appendix 1. CWA Contract Effective October I, 1998 to September 30, 2001 Page 3 CWA Contract JOB CLASSIFICATIONS Account Clerk I Account Clerk II Account Clerk III Administrative Assistant Administrative Secretary Assistant Golf Pro Building Inspector I/Code Enforcement Officer Building Inspector H/Code Enforcement Officer Building Maintenance Superintendent Building Maintenance Technician Cashier Cemetery Sexton Chief Communications Technician Clerical Assistant i Clerical Assistant II Code Enforcement Officer Commtmications Technician Computer Operator Effective October I, 1998 to September 30, 2001 CWA Contract Engineering Technician File Clerk Golf Course Cart Attendant Golf Course Starter/Ranger Head Cashier Head Mechanic Heavy Equipment Operator Laborer Maintenance Worker I Maintenance Worker II Maintenance Worker III Mechanic Parks Supervisor Police Communications Technician Public Works/Engineering Technician Zoning Technician Effective October I, 1998 to September 30.2001 Page ARTICLE 2 MANAGEMENT RIGHTS Section 1. The management of the City and the direction of the workforce is vested exclusively in the City subject to the terms of this agreement. Nothing in this Agreement shall affect the fight of the City to determ/ne 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 of 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. CWA Contract Article 2 October 1, 1998 to September 30. 2001 COMMUNICATIONS WORKER'S OF AMERICA ("CWA") TABLE OF CONTENTS ARTICLE CAPTION Agreement Preamble 2 3 4 Union Recognition Management Rights Union Representation Dues Deduction 5 6 Rights of Employees No Strike 7 This Article Was Lef~ Blank Hours of Work and Ovenime 9 10 Seniority/Layoff/Recall Miscellaneous Paid Leave 11 Sick Leave 12 Annual Leave 13 Grievance Procedure 14 15 Holidays Promotions. Transfers and Adjustments PAGE 1 2 3 6 7 11 13 14 16 17 22 27 35 39 43 49 5l ARTICLE PAGE 16 17 18 19 20 21 22 23 24 25 26 27 CAPTION Group Insurance Retirement Contribution Performance Evaluation Safety Disciplinary Action Salary Substance Abuse Testing Uniforms Tuition Reimbursement Merit/Step Pay Plan Severability Term of Agreement 55 57 58 62 65 66 67 73 74 77 80 81 ARTICLE 3 UNION REPRESENTATION Sectiort l, The Union, upon the presentation of Application for Membership form (appendix 2)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 bi-weekly basis and remitted to the Un/on. As assignment of wages/Dues deduction may be canceled by the employee on thirty (30) days notice to the City and to the Un/on. ' Section 2. The Union agrees to indemnify and hold harmless the Employer from any loss or damages due to payroll errors arising from the operation of this Article. Section 3. The City agrees to provide suitable bulletin board space on existing or new bulletin boards in convenient places for posting of official Un/on notices. The parties agree that the usage of such bulletin boards will be to promote employee- Employer relations, as well as keep the members of the Union informed of its representation activities. All notices shall be signed by a duly authorized Union representative. Any other notices, including any notices containing information other than purpose, date, time place, may be posted on the desi ated Union bulletin C WA Contract Art iclea~d October 1, 1998 to September~0, 2001 page7 board only with the approval of the Employer. Section 4, Provided, always that, the distribution needs of the City be paramount, the Union will be penmtted to use the City's courier service for distribution of official Union communications to employees covered by this Agreement; and further provided that the courier service will not be responsible for mass distribution of individually addressed comminations. S~ction 5. The City will permit CWA to maintain an official mailbox at work sites. The boxes will be provided by CWA. Mail delivered to these boxes will be delivered unopened. Section 6. The City will allow the Union a reasonable oppommity to meet with new employees covered by the agreement at the conclusion of new employee orientation for the purpose ofbr/efmg the employee on this Ageement and the Union's progams anu benefits. '" Section 7, CWA shall appoint one (1) bargaining unit member for each of the departments to represent CWA to serve as the Steward fbr all the employees in those CWA Contract Article 3 October _1. 1998 to September 30, 2001 Page 8 departments. The Steward shall be a 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/she shall be responsible for coordinating and processing of grievances for all the Local Unions, and shall conduct activities to avoid overlapping or duplicating services of any other union representatives. These activities shall be conducted without disrupting the work of any City employees who are not directly involved. ~ection 8. The City shall grant, after request to the approval of the department head, administrative leave for attendance a regularly scheduled Union conventions and/or conferences for employees officially designated as Union 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. Section 9. Additionally, employees who are duly elected Local Union stewaras, Local Union officers, (President, Vice-President, Secretary and Treasurer), Local Union 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 CWA Contract Article 3 October l, 1998 to September 30, 2001 Page 9 calendar year to attend official Union sponsored training classes. Section 10. When requesting leave under this Article, the Union must adhere to the following procedures: Not less than ten (10) working days before the event for which leave is requested, the Union will provide the Human Resources Office with a written request for the leave, indicating the event and the date(s) it will take place, the amount of leave requested and the names, of employees for whom it is requesting administrative leave, noting their department, Union Local, and the capacity in which they will be attending the event. The Human Resources Office will forward the request to the affected department head for approval. Such leave shall be approved subject to the operational needs of the CiG, but approval will not be unreasonably withheld. Secfiot! 11. Employees elected to any Union office or selected by the Union to do work which takes them from their emplo,vrnent must request the City's approval at least two (2) weeks in advance of such tmpaid leave, and the request shall stipulate the time of such leave of absence. In no case shall such Union business leave exceed (3) three davs. the City in The leave may be extended for an additional (3) three days by consent of the same manner as originally requested. Such approval shall not be unreasonably withheld. CWA Contract Article 3 October I. 1998 to September 30. 200 t Page ARTICLE 4 DUES DEDUCTION Section 1. Upon receipt of stipulated, lawfully-executed Assi~munent of Wages/Dues Deduction form, attached as Appendix B, from an employee, the Employer agrees to deduct the regular dues of the Union from the employee's pay on a bi-weekly basis. Such dues will be remitted monthly to the Secretary-Treasurer of the Union. The Union agrees to notify the Employer, in writing, at least 30 days prior to the effective date of any changes in the regular dues structure. Sect_ton 2. An Assignment of Wages/Dues Deduction may be canceled by the employee on 30 days notice to the Employer and the Union. Dues revocation will be processed through the Union, but in the event of direct revocation, the Union will be notified as soon as is practicable. Section 3. The Union agrees to indemnify and hold harmless the Employer, its agents, employees and officials from and against any claims, demands, damages or causes 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 Union dues. The Union agrees to defend, at its sole expense, any such claims against the Employer or CWA Contract Article 4 October 1, 1998 to September 30, 200l Page 11 its agents, employees, and officials. The term "official" as used herein includes elected and appointed officials. Section 4. Nothing contained herein shall require the Employer to deduct or to otherwise be involved in the collection of delinquent dues, fines, penalties, or special assessments of the Union. CWA Contract Article 4 October I, 1998 to September 30. 200 t Page~,, "APPENDIX B" APPLICATION F~R MEMBERSHIP (Please Print) Lasl F[r'~t Middle InidaJ Oate Payroll Dedu Address Effec~ve $~'eet or Rural Roum Cily $~[e Zip Code COMMUNICATIONS WORKERS OF AMERICA I hereof request a/id accept mem0e~ship in t~e Communical~ons Workers of America ~nd when ~he Local, ~jree [o be Dound by [he Cons~(ion of ~e Union ~d Am~dmen~ ~ere(o ~d R~u[a~s n~ in e~= or ~ubs~uen~y e~ ~ ~e Unio~ ~Wor L~ ~ whi~ I ~ as~gn~. ._ ~gna~re Tranderrod ~ ~m~ (Wi PAYROLL DEDU~ION AUTHORIZATION (Plea~ Print) ~[ Rts~ ~d~le ~e ~ ~ ~o~zes ~ d~ ~ ~ ~es ~ ~ ~u~ ~ ~ Jni~ ;ee ~d ~e r~ul~ mon~ dues ~e Em~ by ~e S~Tre~ur~ of ~e ~mu~ns W~kem of ~ ~d remi~ ~e s~e ~e S~e~-Tre~ur~ of ~e C~munJ~s W~ers of Amed~ or his duly eu~hodz~ ageflt~ au~odz~on may ~ r~ok~ by ~ u~n ~i~ (~) days w~Ren flo~ce ~ ~e Employer ~d ~e Ufli~ wd~en ~e~ ~ ~e ~e~.Tre~uret of ~ Union m ~e Employer. New Menl~e~ A~ Resident Address Signature ~f Employee ~1 Numar 3180 i GROUP INSURANCE ENROLLMENT CARD Ncme(~F~t. ~r~ia~. Last Nome) - Policy N~=me C;ty. Sram, ;p Code Dare ,~4~nm r Dat' / Name F. st NC~me ot of ' t S~a1~re or MemOer IYear I ..~c~l ~ec~m~ Num~er ]'oral Premium not tamW memcer, me ¢=aare~ O(3te $igneci IEffeC.'tve Oare ~o~J~ o( Pc,,czn~lcter j Cccul:x~non LOCal Num~ HARTFORD UFE AND ACCIDENT INSURANCE COMPANY ARTICLE 5 BIGHTS OF EMPLOYEES Section l. The Employer and Union agree that bargaining unit employees possess the rights enumerated in 447.301, Florida Statutes, and are entitled to exercise these rights without interference, restraint, or coercion from any person, including Union 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. Section 2. Bargaining unit employees are entitled to be represented by the Union in ghevances arising under this Agreement. They may also bring matters of individual concern not covered by this Agreement to the attention of City officials. CWA Contract ,~ticle 5 October 1, 1998 to September 30, 2001 Page 1 3 ! ! ARTICLE 6 NO STRIKE i Section 1. For purposes of this Article'"strike" is defined as the concerted 1 failure of employees to report for duty; the concerted absence of employees from their I positions; the concerted stoppage of work by employees; the concerted submission of I 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 I · a public employer for the purpose of inducing, influencing, condoning or coercing a I change in the terms and conditions of employment or the fights, privileges or i obligations of public employment, or participating in a dehberate and concerted course I of conduct which adversely affects the services of the public employer; the concerted I failure of employees to report for work after the expiration of a collective bargaining agreement. I Section 2. The Un/on recognizes that strikes by public employees are prohibited i by Article 1, Section 6, of the Florida Constitution and Section 447.505, Florida I Statutes. The Un/on agrees not to attthorize, instigate, or otherwise support a strike, as I defined in Section 1 above, and to take all affirmative action legally available to 1 ., prevent or terminate any strike wltich occurs in contravention of this commitment. CWA Contract Article 6October I, 1998 to September 30, 2001 Page 14I G , Section 3. The Union recognizes that it -- and all acting in concert with it -- shall be 1/able to the penalties set forth in Section 447.507, Florida Statutes, in the event of a strike in violation of this Article. Section 4. The Union agees 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 an illegal strike, slow up, work stoppage, or interruption due to informational pickets, the Union shall promptly and pubhcly 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 strike. Section 5.' For the purpose of this Agreement, reformational pickets shall be allowed. Informational pickets shall not stop or discourage City employees fi.om normal business. Informational pickets shall not encourage the honking of horns and any other disruptive activity by passers by.. CWA Contract Article 6 October I, 1998 to September 30, 2001 This Article was left blank. CWA Contract Article 7 ART..i.CLE 7 It will be used to add any future issues. October 1. 1998 to September 30. 2001 Page 1 6 ARTICLE 8 HOURS OF WORK AND OVERTIME Sectior[ 1. !~as. ic Work We~k (a) The basic work week for regular employees shall ordinarily consist of 40 hours per week, Sunday through 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 part-time employees shall consist of those hours they are required to work by their Department Head or his designee. ( c ) At least thirty minute lunch periods are scheduled for employees at the discretion of the supervisor. Lunch periods shall not be considered time worked. (d) Employees will take a one (1) hour lunch break and will have two (2) paid 15 minute work breaks, one in the morning and one in the afternoon and will be paid for an eight (8) hour day. Overtime will be based upon 40 actual time worked hours. ('e) The 15 minute work breaks will not be taken immediately before and/or immediately after the lunch break, and must be used or lost. It cannot be used to make up fbr late arrival or ~br leaving work early._ CWA Contract Article 8 October 1, 1998 to September 30, 2001 Page 1 7 ! i (f) The City will make a good faith effort to find work for employees want to I continue working when adverse weather conditions do not permit outside work. If no I work is available, in the employees job description, employees may use vacation,I personal, or compensatory time, if earned. ' I Section 2. Ov~rt2~ (a) Overtime will be authorized only .when it is in the interest of the Employer and is the most practicable and economical way of meeting workloads or deadlines. Co) All authorized and approved time worked in excess of 40 hours in any one I workweek is overtime work and shall be either paid at 1 ½ times, or by compensatory I time off at the rate of one and one-'half (1-1/2) hours for each hour over 40 hours. I ( c ) For the purpose of overtime computation, time spent by an employee on I call-out, annual leave, funeral leave, jury duty leave, and military leave shall be considered as time worked. Each hour of paid holiday shall be counted as an hourI worked for the purpose of comput~g overtime hours for the week in which the paidi holiday falls. The employee has the option o~ requesting overtime at the time it is I earned or requesting compensatory time and must notify the supervisor in writing of their option on the first day of work. If the option is not presented to the supervisor on the first day of work, overtime will be used. Emplovees who work overtime durinz a i CWA Contract Article 8 October I, 1998 to September ~0. 200l Page 18 I , forthy hour week and have sick leave time within that forty hour week will not be eligible for overtime pay a 1 ½. The employee requesting compensatory time and having sick time within the forty hour week will be given the compensatory time at 1 ½. (d) If an employee has accrued overtime, he or she may elect, with.the Department Head's approval, to take compensatory time off rather than be paid for the overtime. An employee may accrue up to a max/mum of 80 hours of compensatory time in a Fiscal Year. All compensatory time must be taken in the same Fiscal Year it is' earned (by September 30th) or the remaining balance of compensatory time will be added to the last pay check in September. Employee's wishing to take accrued compensatory time off must follow the same procedures as an employee wishing to take vacation time. In any situation, an employee must receive pr/or approval to take off compensatory time except in emergency situations. The employee's Department Head shall attempt to accommodate the desires of the employees as to the time off desired, work schedule and conditions permitting. (e) No employee will be placed in leave without pay status during the basic worto,veek in order to deprive him of compensable overtime. (f) Employees shall be required to work overtime when assi~ed unless excused by the Department Head. An employee who desires to be excused from an overtime CWA Contract Article 8 October 1, 1998 to September 30, 2001 Pa ge 19 assi~munent shall submit to the Department Head a written request to be excused. If approved, the written request shall remain in force until rescinded by the employee. In the event that the Department Head cannot schedule a suitable overtime work force from the complement of employees who have not requested relief from overt/me, employees who have approved written relief requests on file will also be required to work overtime. Section .3_. Call-Out When an employee is called back to work after h/s normal work day, he shall receive a minimum of two (2) hours pay at the overt/me rate. When an employee is assigned to attend a scheduled City meeting to perform work after his/her normal work day, the employee shall be entitled to a minimum of one (1) hours pay at the overtime rate, if applicable, and evening differential if appropriate. Travel t/me shall be included as t/me worked. Hours in excess of forty (40) hours per week will be paid at time and one-half. Section 4. Shift Differential An employee who works either regularly scheduled hours or overtime hours that fall between 7 P.M. and 7 A.M. shall be entitled to an evening differential equal to five percent (5%) of their basic hourly wage rate for each hour worked. CWA Contract Article 8 October 1, 1998 to September 30, 2001 Page 2O Section 5. The City will pay employees the Florida State Statutes Meal Allowance for those employees assigned a regular shift, completed their slxift, and who have to cover a full additional shift when staff has a shortage and it was unexpected. Section 6_~ Working Leader Differential An employee who is in a non-supervisory position and is designated by the Department Head the responsibilities of supervision of activities including co-ordination of Special Projects and Training may be designated. "Working Leader" if directing the activities of a minimum of 3 co-workers of the same or lower classification. The employee shall receive a differential of $1.00 per hour increase in pay for each hour designated as Working Leader. CWA Contract Article 8 October I. 1998 to September 30. 200l ARTICLE 9 SENIORITY/LAYOFF/RECALL Section 1.. Definitions (a) City seniority is the total cumulative length of uninterrupted regular full-time or regular part-time employment of an employee by the Employer, measured from the most recent date of regular employment by the Employer, except as provided in Section 2 below. (b) Classification seniority is the length .of regular full-t/me or regular part-time service by an employee 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. Section 2. Accrual of_Seniority (a) Employees shall be in introductory status for the first six months of employment in any job classification, introductory employees accrue no classification seniority, until they become permanent regular employees, whereupon their classification seniority shall date from the date of entry into the classification. An employee who has completed iris or her initial introductory period shall continue to accrue Cirv senioriW notwithstanding subsequent introductory period(s) resulting from promotion to a different job classification. CWA Contract Article 9 October 1, 1998 to September 30, 2001 PaQe 22 I I i I i I I I I I I I I I I I I I I (b) seniority. Any employee on an unpaid leave of absence shall not accrue, or loose, Seniority accrual shall benton when the employee returns to work. Section 3. Los~ Qf Seniority. Employees shall lose City and classification seniority only as a result of: (a) voluntary resignation; (b) retirement; (c) discharge; (d) layoff for a period exceeding twelve months; (e) absence without authorization for three consecutive working days; (f) fa/lure to return from military leave within the time limit prescribed by law; (g) approved 'leave of absence without pay of 1 year or more. Section 4. Work Force Ad.tu~tment and Lay-Qff (a) When work force adjustment becomes necessary due to lack of work, shortage of fimds, discontinuance of operations, or the subcontracting out of City services, the Employer may lay-offemployees. The Union and the affected employees shall be notified in writing not less than 60 calendar days prior to the effective date of such lay-off. In lieu of notice, the Employer will pay t~venty (20) working days salary. (b) The duties performed by any laid-off employee may be reassi~ed to other employees already working who hold positions in appropriate classifications. (c) No regxtlar full-time employee shall be laid-off while a introducto~, CWA Contract Article 9 Oc:ober I. 1998 to September 30.2001 Page 23 ! ! part-time, or temporary employee remains employed in the same job classification. I (d) Permanent, regular employees who receive a notice of lay-off shall have the right, in accordance with their seniority, to transfer or downgrade (commonly known I as"bumping") or to take the lay-off. Bumping shall only be permitted in the event of I lay-off, in accordance with the following procedures: I (1) Affected employees shall have five calendar days, from the date they I are notified by management of the lay-off, to notify management whether they desire. I to bump or take the lay-off. · (2) Management shall explain the position that may be bumped within I five (5) calendar days and explain the options to the affected employee (s). If the I employee possesses the minimum qualifications for that position, and has greater City I seniority than the present occupant of that position, the bumping shall take effect within I five calendar days from the date of the notification. If otherwise eligible, the bumped employee may then proceed himself in accordance with Section 4 (d) of this article. I (3) In the event that two or more employees affected have the exact I same classification seniority, the employee with the least City seniority will be laid off I first. If both employees have equal seniority, the employee with the highest payroll ID I number will be laid off first. I (4) An employee btmping to a different job classification shall be placed in a trial period of not less than thirty davs, nor more than sixty (60) davs. If. in the I , opinion of the Employer, the employee cannot satisfactorily perform the duties of the position to which the employee has bumped, the employee will be laid off. (5) An employee bumping to a job classification which is lower than his present job classification will take a 5% reduction in pay to the closest step in the new job range. In no case will an employee be paid more than the maximum rate of the lower classification. (e) Introductory employees, in their initial introductory period shall have no bumping rights. An employee who is in introductory status as of the notice of lay-off, but who has previously achieved permanent status in a lower job classification, may revert to such lower classification for the purpose of exercising bumping rights. If the employee reyerts to the lower classification, their, pay is adjusted to the pay they previously held prior to the promotion. (f) Permanent, part-time employees may only bump other part-time employees. Section 5. Recall (a) Recall of laid off employees shall be made in accordance with City seniority. ; Initial contact shall be made by phone. If no response is obtained, a certified letter, return receipt requested, to the employee's last known address, shall be mailed. kaid-off employees who desire to be recalled shall keep the Employer continuously informed of their current mailing address, or lose their recall rights. (b) Witltin three working days after receipt of a notice of recall, recalled CWA Contract Article 9 October I. 1998 to Seotember 30. 2001 employees who desire to return to work must notify the Employer they intend to return to work, or lose recall rights. Recalled employees must return to work fit for duty within ten working days of the receipt of a recall notice, or lose recall rights. CWA C(3ntrnet Article 9 (-)ct(q~er l. 1998 to Sentemher 30 '~001 ~ ~ ~ ARTICLE 10 MISCELLANEOUS PAID LEAVE Section 1. Funeral Leave (a) With the approval of the Department Head, paid funeral leave, not to exceed three consecutive working days, may be granted to a regular full-time or regular part-time employee in the event of a death in the employee's immediate family. For purposes of this provision, an "employee's immediate family" is defined as the employee's spouse, parent, step parent, child, step child, brother, sister, grandparent, grandchild, father-h-law, mother-h-law, or any relative who is domiciled in the employee's household. Funeral leave shall not be charged to annual leave, sick leave or to compensatory time. Any absence in excess of three days, in connection with approved funeral leave, will be charged at the employee's discretion to accrued compensatory time, annual leave, sick leave or, if no leave is accrued, to leave without pay. . (b) For non-immediate family funerals, employees have the options to use annual leave, ~accrued compensatory time, or sick leave for the attendance of funerals. Employees will supply their supervisor with notification in a tixnelv manner as feasible possible. The supervisor will make everv effort to comply with the provision of this section. CWA Contract Atricle 10 October I, 1998 to September 30. 2001 ! ! Section 2. Court Leave/Jury Du~ I (a) Employees attending court as a witness on behalf of the City or any other public jurisdiction or for jury duty in their normal working hours shall receive leave i with pay for the hours they attend court. The Florida State Statue will be used for I travel expenses, excluding jury duty. ' I (b) All regular employees subpoenaed to attend court for work related reasons I are eligible for leave with pay. Those employees who become plaintiffs or defendants are not eligible for leave with pay, unless the court appearance is a direct result of their i employment. . (c) Employees who attend court or jury duty for only a portion of a I regularly-scheduled work day shall report to their supercisor when excused or released by the court. (d) Employees 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. I (e) Regular full-time employees required to attend court or jUry duty on aI scheduled day off are eligible to receive up to eight hours pay, if required, at straight I time., I I CWA Contract Atricle 10 October I, 1998 to September ,0, v001 Page 28 (f) Employees 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 24 hours in advance of the scheduled time (unless the employee actually receives less than 24 hours advance notice). Employees 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. (g) Consistent with existing City policy, the employee shall remit to the Employer any and all compensation received for court leave/jury duty, excluding payment for travel and meals. Section 3. Conference Leave The Employer may grant conference leave with pay, together with necessary travel expenses, for employees to attend conferences, 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. Section 4. Family And Medical Leave (a) In order to provide for tmintemtpted coverage of the employee's position, the employee will notify his supervisor as soon as possible prior to his knowledge of need tbr medical leave stating the probable duration of the leave. CWA Contract Atricle 10 October 1. 1998 to September 30. 2001 (b) When an employee is determined by his physician to be medically unable to perform his normal job duties, he may utilize accrued sick leave and annual leave during his absence. Once sick and annual leave are exhausted, the employee may be placed on leave without pay for a period of 12 weeks. Additional leave without pay may be granted by the Employer based upon demonstrated medical necessity. .. Section 5. Military Leave (a) Regular employees (full-time or part-time) who are commissioned reserve officers or reserve enlisted personnel in the United States Military or Naval service or members of the Florida State National Guard shall be entitled to leaves of absence for their respective duties without loss of pay, vacation leave, efficiency or time ordered to military service or any training in an active duty or inactive duty for training status for a period not to exceed seventeen working days in any one annual period. (b) The employee shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the formal request for military leave at least two weeks in advance. (c) Regular employees (full-time or part-time) who are members of the Armed Forces Reserve or Florida National Guard shall be excused from work to attend active or inactive duty training drills as required for up to 17 working days in any one annual period. Any additional time, if approved, is leave without pay, unle s mandated by civil i CWA Contract Atricle 10 October 1, 1998 to September o0, 2001 Page emergency. Evidence of membership in the applicable organization shall be provided to the department by the employee. Requests for such absences fi.om work can be made by the employee by submitting the applicable Reserve or National Guard training schedule. Except upon declaration of civil emergency conditions, if there is a conflict between departmental scheduling and the required military training, the department will make every effort to excuse the employee fi.om work. SeqkiQm6. Leave Without Pa,.v (a) The decision to grant a leave without pay (leave of absence) is a matter of management discretion. It shall be/ncumbent upon each Department Head to weigh and to determine each case on its own merits, including time off for union business. '(b) An employee may be granted a leave of absence without pay for a period not to exceed one 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 the prior approval of the Department Head and the City Manager or his desi~ee. Before such leave of absence will be ~anted, the employee must exhaust all accrued vacation and, if appropriate, sick leave. (2) Voluntary separation fi-om Ciw emplo.vment, in order to accept emplo.,a'nent not in the City., shall be considered an insufficient reason for approval of a request for leave of absence without pay. CWA Contract Article I0 October I. 1998 to September 30. 2001 Page 31 (3) If for any reason a leave of absence without pay is ~ven, the leave of absence may subsequently be withdrawn by the City Manager, and the employee recalled to service if the need no longer exists. (4) An employee granted a medical leave of absence must submit a written Doctor's note stating the length of time they will be out. In addition, the employee must keep the Personnel Department advised of his 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 employee will be considered as on an unauthorized leave of absence and appropriate action shall be taken. No pay shall be authorized for days absent without medical authorization. (5) Except under unusual circumstances an employee who has been employed five (5) years or more and 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 days of the acceptance of such employment or will be terminated fi.om City employment. (6) Failure to comply with the notification requirements will result in the employee being dropped from leave of absence status, in which case he must return to duty, or be dismissed. CWA Contract Atricle I0 October I, 1998 to September 30, 2001 Page 32 (7) At least two weeks prior to the expiration of the leave of absence, the employee must contact his Department Head in order to facilitate the reinstatement process. (8) Failure by an employee to return to work at the expiration of a leave of absence shall be considered grounds for dismissal. (c) Employees may continue contributing to a deferred compensation program while on an unpaid leave of absence, Under no circumstances shall the City contribute towards the deferred compensation pro,am while the employee is on an unpaid leave of absence. During the time an employee is on leave without pay, the employee earns no sick leave or annual leave. (d) An employee .on an approved leave of absence may continue group health insurance, provided that all necessary premium payments are made by the employee. It is the employee's responsibility to keep premium payments current. (1) The insurance premium payment must be made before the first of every month. Ii'the payment is not made by the first, coverage will the beginning of the delinquent period. (2) If coverage is canceled during an approved leave of absence, it may be reinstated upon an employee's return to active duty consistent with the plan's requirements, CW.-X Contract Atricte 10 October I. 1998 to Septembe:-30. 2001 be canceled as of Section 7. Eligibility Only regular full-time and regular part-time employees are eligible for the miscellaneous paid leaves provided by this Article. All such benefits are personal to the employee and shall not be transferable. Sectiran 8. Personal Leave (a) Each regular, full-time employee shall be entitled to three (3) days of personal leave per year which can be used as a floating holiday.. Such per. sonal leave will not be taken from accrued sick leave. Such leave is subject to Department Head approval. (b) Each regular part~time employee shall have three pro-rated days ( regularly scheduled hours bi-weekly divided by 10) of personal leave. Such leave is subject to Department Head approval. (c) Personal leave may be used in fifteen (15) minute increments. (d) Personal leave requires advance written request, except in emergency situations. CWA Contract Arricle 10 October I? 1998 to September 30. 2001 Page ARTICLE 11 SICK LEAVE Section l. Eligibility. (a) Only regular full-time and regular part-time employees are eligible for sick leave with pay. Temporary and seasonal employees are not entitled to paid sick leave. .Section 2. Accrual of Sick Leitve (a) Regular full-time employees accrue sick leave at the rate of one full working day (8 hours) of sick leave with pay for each full calendar month of employment up to a maximum of 12 days per year. Regular part-time employees shall accrue sick leave at the rate of one (1) day for each calendar month of employment up to a maximum of twelve (12) days per year. (One day is defined as the employee's regularly scheduled bi-weekly hours divided by ten). (b) Sick leave does not accrue while an employee is on unpaid leave of absence. Section 3. Rcq_ue~.t for Sick Leave (a) An employee who is incapacitated and unable to work shall notify his immediate supervisor within one hour of his scheduled reporting time, except in an emergency situation. The employee shall state the nature of his incapacitation, its expected duration. ,-md the expected period of absence. The employee shall repeat this CWA Contract Article ii October 1, 1998 to September 30, 2001 procedure on each day he is unable to report for work, unless excused by the Department Head. (b) If an employee is out more than 5 days, she/he must submit a doctor's note to the Department Head, or his designee, attesting to the employees ability to return to work with or without restrictions. Section 4. Use Qf Sick Leave (a) Sick leave may be used for the following purposes: (1) employee ill health or; (2) medical, dental, or optical treatment required during working hours; (3) quarantine due to exposure to infectious disease; (4) 'employee ill health while on annual leave; (5) in connection with Workers' Compensation; (6) for death in employee's immediate family; and illness of an immediate family member requiring the employee to (7) remain at home. (b) Whenever it appears that an employee abuses sick leave, such as when an employee consistently uses sick leave immediately upon its being accrued or before and atSer holidays or weekends, the employee shall be required to furnish a doctor's note verifying that the employee was medically tmable to report to work on those days. CWA Contract Article I l October 1, 1998 to September 30, 2001 Page 36 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) Employees may not use sick leave during their fu'st 60 days of employment. If an employee resigns or is otherwise terminated during the first six months probationary period, he will reimburse the City for all sick leave taken by deduction from his final pay check. (e) Upon ten (10) years or more of continuous employment, an employee 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 40% 11 years 45% 12 years 50% 13 years 55% 14 years 60% 15 years 65% 16 years 70% 17 years 75% (f) Every employee entitled to sick leave benefits and who has been employed for one full fiscal year and who does not take sick leave during a fiscal year (October 1st through September 30th) shall be given one day's pay in the first pay period in December. Such employee shall also be bdven his birthday off with pay, subject to the work schedule. If work requirements do not reasonably permit the employee to take off CW.-\ C~'mtrnct Article tl from work on his birthday, or if his birthday falls on a holiday or day off, some other mutually-agreeable day near the employee's birthday may be taken off with pay. The day's pay shall consist of the regularly scheduled bi-weekly hours divided by 10 for part-time employees and eight (8) hours for full-time employees. At the employees option, 30% of unused sick leave may be converted to annual leave which has been earned in the current Fiscal Year. Employees who select not to convert their sick time, will retain their sick leave benefit as currently provided in the contract. If the employee is at the maximum vacation accrual, the sick conversion process can not be allowed. ARTICLE 12 ANNUAL LEAVE Section l. Eligibility Only regular full-time and regular part-time employees are eligible to earn paid annual leave. Temporary or seasonal are not eligible for annual leave. Section 2. Rate of Accrual (a) Annual leave is earned on a pro' rata, bi-weekly basis at the following annual rates (Part-time days are defined by dividing the regularly scheduled bi-weekly hours by 10): UnbroKen Employment 1 year but less than 5 years 3.33 5 years but less than 10 years 5.0 10 years but less than 6.67 20 years 20 Years & Over 8.33 Unbroken Emplo,vment 1 vear but less than 5 years 5 years but less than 10 years 10 vears& Over but less than 20 vears 20 years & Over Bi-Weeklv Bate Full Time Annual Leave (80 Hrs.) 10 working days (120 Hrs.)15 working days (160 Hrs.) 20 working days (200 Hrs.) 25 working days Part-t/me Annual Leave Pro-rated (10 working days) Pro-rated (15 working days) Pro-rated (20 working days) Pro-rated (25 working days) Contract Article I. 2 (b) No annual leave may be taken during the first six months of employment or re-employment. (c) Annual leave accrual rate changes take effect on the pay period closest to the employee's anniversary date. Section 3. Request for Annual[ I, eave (a) A request for annual leave shall be submitted, in writing, to the employee's Department Head. (b) A request for leave shall not be granted if the employee has no accrued balance of annual leave. Annual leave shall not be used in advance of its being earned. (c) The minimum charge against the accrued annual leave balance is fit~een (15) minutes. Fifteen (15) minutes shall be deducted fi.om an employee's accrued leave balance for each minute, or part thereof, an employee is actually absent from his duty station. (d) No annual leave may be taken in advance of its approval by the Department Head, except in emergency situations. (e) Except under unusual circumstances, Department Heads shall approve or disapprove a written leave request within five (5) working days. Section 4~ Use of Annual Leave (a) Annual leave may be used fbr the following purposes: (1) vacation; , ~CWA Contract Article 12 October I, 1998 to September J0, 2001 (2) absences from duty for transaction of personal business which cannot be conducted outside of working hours; (3) relig/ous holidays not designated as official holidays; (4) medical leave if sick leave balance has been exhausted; and (5) any other absences not covered by existing leave provisions, at the discretion of the Employer. (b) An employee who becomes sick while on annual leave may substitute accrued sick leave for annual leave for the period of illness. Upon the request of his Department Head, the employee shall supply appropriate certification from a physician as to the nature and duration of the illness. (c) Employees will not be allowed to carry more than two (2) years worth of annual leave during any month. Once an employee has a balance of annual leave hours at the two year accrual rate, he will not accrue any more hours or will only accrue partial hours to bring him up to the t~vo year accrual rate. Annual leave will continue to accrue beyond the limitations set above when a Lepartment Head fails to ~ant annual leave when requested in wr/ting by an employee under the provisions of tlzis Article. Contract ,Xvt/cie 12 October 1. 1998 to September 30. 2001 Pa~e ~ I ! ! Section 5. Separation from Employment I Upon retirement, resignation, or other separation from City service, a regular full-time or regular part-time employee shall be entitled to be paid for his accrued balance of annual leave at the rate of pay received by the employee on his date of 1 separation. I i I i I ! I I ! 1 , CWA Contract Article 12 October I. 1998 to Se!otember 70. 2001 Pace aZ A RTIC__L E 13 GRIEVANCE PROCEDURE Section l. The procedure set forth in this Article shall be the exclusive method for resolving Union and employee grievances. Grievances are defined as disputes concerning the interpretation or application by the Employer of the terms of this Agreement. Oral reprimands are not grievable. Se¢~on 2. 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 Union agree that every effort will be made by management and by the grievant, or grievants, to settle grievances at the lowest level possible. · Section 3. General Prov/~jQns (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 Union and the Employer, the failure of the ~mSevant or the Union to observe the applicable thne limit shall constitute an abandonment of the b-:iev~ce, absent a mutually agreed extension. CWA Contract Article October l. 1998 to September 30. 2001 Section 4. Procedure Step 1. Within seven (7) days of the incident giving rise to a grievance, the ~m'ievant shall explain and discuss the ghevance orally with his immediate supervisor, who may call higher level supervision into the discussion in an effort to achieve a prompt satisfactory adjustment. The immediate supervisor will notify the employee of his decision within seven (7) days of the date of the discussion with the employee. If the grievant is not satisfied with the immediate supervisor's decision, or if no decision is commtmicated to the employee within the allotted period, the employee may appeal to Step 2 within seven (7) days of the due date for the Step 1 decision. Step 2. Step 2 is initiated by an employee filing with his Department Head a written grievance on the standard grievance form, attached as Appendix C. The. Department Head shall schedule a meeting with the employee 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 issues within the time allotted, the grievant may appeal,to Step o. CWA Contract Article 13 October 1. 1998 to September :0. 2001 Page I I I I I I I I I I i I i I I I i I i 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 ghevant may file a written appeal to the Human Resources Director, attaching all aPplicable gr/evance 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 concerning the grievance. 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 heating 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 d/sciplinary 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 5rep 4 decision, the Union may invoke the arbitration procedure of Step 5. CWA Contract Article 13 October 1, 1998 to September 30, 2001 Pa~e ~ Step 5. The Union may invoke arbitration by sending written notice to the Employer within fifteen (15) days of the date the Step 3 decision issues or the date on which it was due, whichever is earlier. Invocation of arbitration by the Union will not preclude settlement of the grievance at any time prior to the issuance of an arbitrator's award. Sectiqll. 5. The parties will attempt to agree upon a mutually-agreeable knpartial arbitrator. If, however, this cannot be done within seven (7) days following the Employer's receipt of the Union's request for arbitration, representatives of the' Employer and the Union 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 Union shall meet within ten days and, begirming with the Union, each shall alternately strike, one at a time, until 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 selection. Either party may object to all names on the list, provided that objection is m,,de prior to the commencement of the striking process. If this happens, a second joint request for a list will be made. CWA Contract Article 13 October I. 1998 to September 30, 2001 Page Section 6. All arbitrations arising under this A~eement shall be conducted in accordance with the following rules: (a) The arbitrator shall have jurisdiction and authority to decide a ~m-ievance properly before him. (b) The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. ( c ) The arbitrator may not issue declaratory options and shall confine himself exclusively to the question wh/ch 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 judgment as to the wisdom or the degree of severity of disciplinary. action imposed on any employee 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 arbitration of a grievance arising out of the discharge of an employee, the arbitrator is empowered to either sustain the discharge or, if he does not, he is empowered to reinstate the employee with or without back pay, in whole or in part, as the circumstances warrant. Anv award of back pay shall be reduced by any unemployment compensation or other compensation the CWA Contract Article 13 October 1. 1998 to September 30. 2001 Pace employee may have received. (e) 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 a~eed. (f) Copies of the Arbitrator's award, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to the parties within 30 days of the hearing, unless the parties mutually agree to extend the t/me limit, and shall be final and binding on both parties. CWA Contract Article 13 October 17 1998 to September 30, 2001 PaGe APPENDIX C GRIEVANCE FORM NAME OF GRIEVANT: (Type or Print Clearly in Ink) 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 Si~amre of Union Representative Date Submitted CWA Contract Article 13 October I. 1998 to September 30.2001 ARTICLE 14 HOLIDAYS Section 1. The following shall be paid hohdays for regular full-time and part-time employees of the City: New Year's Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Day Christmas Day Section 2. Generally, when a holiday fails 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 xvill establish the date and will notify all employees m advance. CWA Contract Article 14 October l, 1998 to September 30, 2001 Pa~e t49 Section 3. No regular full-time or part-me employee shall receive pay for a holiday tmless he is in active pay status or actually works his 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 approved annual or sick leave, military leave, jury duty, or other approved leave with pay. Section 4_. For holiday purposes, a holiday is defined as 8 hours for full-time and pro-rated for part-time permanent employees. CWA Contract Article 14 October 1. 1998 re September 30.200I Pacle 50__ ARTICLE 15 PROMOTIONS, ~T. R2tNSFERS AND AD.IUSTMENTS Section 1. An employee 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 filled, as far as practicable, by the promotion of current employees. To this end, all promotional opportunities will be advertised in-house for three days. No employee whose last performance rating was less than satisfactory is eligible for promotion. Section 2. When an employee is promoted to a higher paid position, his new rate of pay shall be the minimum rate applicable to that position. If the employee's current salary is higher than the m/n/mm rate for the position to which promotion is made, the employee shall receive a one step increase in pay from his/her current rate of pay or 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. When an employee is adjusted to a lower paid position, he may remain at the same rate of pay or receive a decrease in pay, but in no case will the salary be higher than the ma,'cimum pay for the new classification. CWA Contract ',rticte l '~ (hcr~ber 1. 1 0OR tn qenternher "~0O t pn,-,~ ~ ~ Section 3. The effective date of an employee's demotion or promotion to a new job classification shall be the employee's new classification anmversary date for the purposes of classification seniority determination. The employee must serve a thirty (30) day trial period in the new job classification. If after the trial period, the employee is found to be unqualified for the position or incompetent to perform the duties of the new position, he shall be returned to the position fi.om which the transfer took place, provided that a vacaney exists. If no vacancy exists, and if it is not feasible that another position be created, the employee shall be laid off. In accordance with the provision of Article 9. Section 4. An employee may be transferred between depamnents when a vacancy exists in the same classification which is presently occupied by the employee. Such a transfer does not affect an employee's pay grade, pay rate, or anniversary date, but is subject to the following conditions; (a) The transfer must be approved by the affected Department Heads and the City Manager. (b) The employee must serve a thirty (30) day trial period in the new department. ( c ) If after that trial period, the employee is found to be unqualified for the position or incompetent to pertbrm the duties of the new position, he shall be renu-ned to the position from which the transfer took place. .& (d) The Department Head, with the City Manager's approval, may, in writing, assign a bargaining mt member to a higher job classification for a temporary period. The affected bargaining trait member shall be entitled to receive the increased salary of the higher job classification for each day worked in that higher classification if the temporary assignment is for a period of three (3) consecutive work days or more. The bargaining unit employee shall receive 3% step increase higher than his regular hourly rate of pay for each hour worked at the higher classification, whichever is greater. Maintenance Workers I, II, and 1TI, will receive a $. 10 per hour increase in lieu of temporary upgrades. All Maintenance Worker positions will require a CDL License with air brake endorsement. The City will provide the training and funding for Laborers, Maintenance Workers I, II, and III employees to obtain a CDL. All Maintenance Workers I, lI, and III employees with a CDL License will be required to operate mlcks requihng a CDL License without receiving an upgrade in pay. (1) Effective October 1, 1999, all the current and new hired Maintenance Workers I, II, and 1II, who have obtained their CDL License will receive an additional $.05 per hour added to the $. 10 per hour to make it a total of $. 15 per hour. This will not be added to the step plan but will be included in the base pay. (2) Effective October 1, 2000, all the current and new hired Maintenance Workers I, ri, and III, who have obtained their CDL License will receive an additional 5.05 per hour added to the $. 15 per horn- to make it a total of $.20 per hour. This will CW..x~ Ct~ntract ,,.',rticle 15 October I. 1998 to Ser~tember 2001 p=,-,o q,. not be added to the step plan but will be included int he base pay. (e) The Department 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 three (3) consecutive work days or more shall receive an additional $1.50 per hour or the supervisor's pay, whichever is less. The employee will be entitled to receive the salary increase for each day worked and all hours worked while in that tempor.ary classification. ARTICLE 16 GROUP INSURANCE Se~:tion l. During the term of this Agreement, the Employer agrees to pay the premium during the term oft/tis contract to provide continued group insurance coverage to regular full-time employees. It is expressly understood by all parties that the Employer shall pay for any additional group insurance premiurn for continuation of employee coverage up to a maximum of $3,900 per year. Any premium in excess of $3,900 per year shall be paid by the employee as a payroll deduction. Sec~tion 2. In the event that the premium rate for dependent group insurance coverage increases, the Employer agrees to notify the Un/on as soon as is practicable. The Un/on agrees that the Employer may, at its discretion, obtain substitute insurance coverage from another cartier or require each covered employee to contribute his pro rata share of the increased premium cost for dependent coverage, whichever may be applicable. In the event that the present carder increases the premium rate for dependent group insurance coverage the parties agree that the employee shall pay all such increases. Section 3. The City will contribute $50.00 per month towards group insurance dependent coverage for all qualified employees. The City and CWA will reopen the CWA Contract Article 16 October 1,1998 to September 30, 2001 Page 55 group insurance for the purpose of reviewing and improving insurance providers prior to December 31, 1998, to include the possibility of employee physicals. Contract ,4~ticle 16 ©c:ober 1.1998 to September 30, 2001 Page 5.6...., ARTICLE 17 RETIREMENT CONTRIBUTION Section I. Effective October 1, 1998, the employer shall contribute 6% of an employee's earnings into a deferred compensation program offered by the City. Effective October 1, 1999, the employer shall contribute 7.5% of an employee's. earnings into a deferred compensation program offered by the City. Effective October 1, 2000, the employer shall contribute 9% of an employee's earnings into a deferred compensation program offered by the City. The City and CWA will reopen the retirement program for the purpose of reviewing and improving pension plans prior to May 31, 1999. CWA Contract Article 17 October 1. 1998 to September 30, 2001 Page 57 ARTICLE 18 PERFORMANCE EVALUATION Section 1. PURPOSE The purpose of the City of Sebastian performance appraisal progam is to provide a consistent practice of establishing written goals and evaluating the performance of employees. It is needed to help measure, improve, and reward employee performance to assist depamnents and the company meet their goals. Section 2. DEFINITIONS , A. Annual Performance Appraisal. The employee s performance is appraised by the supervisor normally no later than the first day of the month of his/her anniversary date each year. The period of appraisal is the period of t/me since the employee s last performance appraisal. · B. 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. Section 3. POLICY SupervSsors are to administer an employee performance appraisal annuatlv and special performanc,, appraisals more often, as appropriate. The performance appraisal CWA Contract Articte 18 October 1. 1998 to September_,,0.2001 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 employee. Managers will also use the performance appraisal to help determine compensation, development and promotion. "Where there is a difference of opinion concerning a performance appraisal, the employee will have the oppommity to express the difference in writing to the supervisor and the supervisor's evaluator. If the issue has not been resolved at this level, the employee may activate the employee grievance procedure." Employees rated unsatisfactory are not eligible for a step increased. Section 4. STATEMENT OF PHILOSOPHY City of Sebastian and CWA believes that the purpose of the performance appraisal system include the following: to clarify both management's goals for the position and the employee's goals; to monitor the employee's achievements and any area of needed improvement; to facilitate commumcation between superv/sors and employees about the employee's job duties and establish a framework for open, constructive feedback; to encourage and develop plans for employee development and growth. Section 5. EMPLOYEE APPRAISALS Performance appraisals for each employee shall be submitted at lease once each year using a City. of Sebastian evaluation fbrm. Employees shall be evaluated by their CWA Contract Article 18 October I. 1998 to September 30.2001 Page 59 appropriate administrator/supervisor. Employees shall be Sven a minimum of three (3) work days notice prior to the evaluation meeting. At the time of such appraisal, the employee's specific job duties, job description, and performance shall be reviewed by both the employee and the supervisor to discuss patterns of performance for the past year and expectations for the upcoming year. Each employee has the fight to add written comments regarding the performance appraisal on the performance appraisal form, at the time of any review, and subsequently if any changes are made. The employee's signature on the performance appraisal form signifies that the performance appraisal has been reviewed with the employee, but does not signify that the employee agrees with the appraisal. Each employee 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 employee. The employee shall be provided with a copy of the completed performance appraisal. The performance appraisal shall be placed in the employee's official personnel file. Any appraisals which are not in the official file shall not be part of the official record of the employee in considering discipline or fi~ture performance reviews. Employees have the right to review their official personnel file upon and with proper notification. Under no circumstances shall super~4sors use the performance appraisal as a substitute CWA Contract Article 18 October I, 1998 to September 30, 2001 Page 60 for disciplinary action. Section 6 rNTENT OF 12qTRODUCTORY PERIOD Each employee selected to fill a vacancy for a continuing position or a Temporary posted position shall serve an introductory period which is an extension of the selection procedure. The intent of this introductory period is to give the employee an opportunity to demonstrate his/her ability to perform the duties of the position. A department manager may decide to waive an employee's introductory period requirement with written notice to the employee, if the employee is hired to a formerly held classification in which he/she has previously gone through the introductory period in the department. The City may extend the evaluation period for up to three (3) months beyond the anniversary date in order to allow the employee the opportunity to correct deficiencies in his performance. Any absences without pay and absences covered by Worker's Compensation shall automatically extend the introductory period. In accordance with Article 9. CWA Contract Article 18 October I, 1998 to September 30. 2001 PaGe 61 ARTICLE 19 SAFETY Section 1. The Employer and the Union agree to continue the established Joint Safety Committee to ensure continuing, on-the-job safety in the performance of public services. The Committee shall be chaired by the City Manager, or his designee, and up to three (3) members selected by the City Manager and up to three (3)members selected by the Union. Section 2. The Safety Committee shall meet regularly, as it may detenmne, to consider methods of maintaining, and improving job-related safety. The Committee shall make recommendations for safety 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 (20) days of receipt of any written requests made by the Safety Committee. Such requests w/Il be approved by the majohty of the Safety Committee prior to being submitted to the City Manager. Section_3. The Employer and the Union recognize the mutual responsibilities of management and employees to promote a safe work place and agree to cooperate in maintaining City equipment and facilities in safe conditions. Section 4. CWA Contract The Employer agees to make available copies of the Ci~ safety Article 19 October 1, 1998 to September 30. 2001 PaGe 62 manual available to all employees to review. Section 5. Any employee who causes damage to, or destruction of, property of the Employer without substantial justification or excuse shall be subject to disciplinary action, up to and including termination, and may be liable for up to the full cost of replacement or repair of the damaged or destroyed property. The provision of Article 20, Section 1 will apply. Section 6. With the prior approval of the employee's Department Head, the City shall pay for an employee's safety glasses. Where prescription safety glasses are needed, the employee, in conjunction with the City's Vision Care Plan, shall receive an eye examination not more than every twelve (12) months, or twenty-four (24) months if the employee does not have any insurance. The employee shall pay the deductible to the doctor for the eye examination. The City shall pay for the cost of the first pair of basic safety fi.ames and basic safety lenses for those employees required to wear prescription safety glasses. The City will also pay for the replacement of basic safety lenses due to on the job breakage or prescription changes, as needed. Section 7. The City will pay the first 7 days of leave for an employee when an injury on the job requires the employee to be off. The employee will be allowed only a total of 7 days per year. If the employee exceeds the 7 days, they will be required to use their sick, vacation, personal, or compensato~ in that order. If the employee is CWA Contract Article 19 October 1, 1998 to September 30. 2001 Page 63 unable to report for light-duty, is required to stay off of work, and receives a check from Worker's Compensation compensating them for the first 7 days, the employee will reimburse the City the money for those fn'st 7 days the City paid. Section 8 The City will reimburse the employee up to $60.00, with special considerations, per year for safety boot/shoes. Any employee receiving this reimbursement will be required to wear the shoes at all times while performing their City job functions. CWA Contract Article 19 October 1, 1998 to September 30.200l Page ARTICLE 20 DISCIPLINARY ACTION Section 1. Disciplinary action may be taken against any employee for just cause. Section 2. A copy of any written reprimand issued to an employee will be presented to the employee and placed in his permanent personnel record after all appeals have been exhausted, or ff no appeal has been filed within the stated time frame. Section 3. Probationary employees are not entitled to seek review of disciplinary action, up to and including termination, under Article 13 of this Agreement. CWA Contract Article 20 October 1, 1998 to September 30, 2001 Page 65 ARTICLE 21 SAL_~RY Section 1. Upon ratification, eli~ble employees shall receive a i% COLA increase to their current hourly step effective October 1, 1998 and eli~ble employees shall receive a 1% COLA increase to their current hourly step effective April 1, 1999. Each eligible employee shall receive a step increase, due on their anmversary date unless evaluated unsatisfactory. Seqh_on 2. Eligible employees shall receive a 1% COLA increase to their current step effective October 1, 1999 and eligible employees shall receive a 1% COLA increase to their current step effective April 1, 2000. Each eligible employee shall receive a step increase, due on their anniversary date unless evaluated unsatisfactory. Section 3. Eligible employees shall receive a 1% COLA increase to their current step effective October 1, 2000 and eligible employees shall receive a 1% COLA increase to their current step effective April 1, 2001. Each eligible employee shall receive a step increase, due on their anniversary date unless evaluated unsa*:sfactory. CWA Contract Article 21 October 1, 1998 to September 30. 2001 Page 66 ARTICLE 22 SUBSTANCE ABUSE TESTING Section l. Purpose The City recognizes that its employees are not immune from the problems that face society in general. The problems of alcohol and drug abuse have become widespread throughout our community and nation. While the City does not have reason to believe that any employee is abusing alcohol or drugs, the only effective means of avoiding potential problems is through a comprehensive policy directed against alcohol and drug abuse by employees. The primary objective of the policy is to provide a safe and healthy work environment for all employees, and tliereby provide the highest level of service to the public. Section 2. Definitions (a) "Alcohol abuse" means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employee's ability to perform his job duties. The use, or being under the influence, of alcohol or alcoholic beverages on the job by City employees is strictly Prohibited. (b) "Drug abuse" means the use of any controlled substance as defined in Section 893.03, Florida Statutes, as zunended from time to time, not pursuant to a CWA Contract Article 22 October I, 1998 to September 30, 200l PaGe 67 lawful prescription. The term "drug abuse" also includes the commission of anv act prohibited by Chapter 893, Florida Statutes, as amended from time to time. (c) "Illegal drug" means any controlled substance as defined in section 893.03, Florida Statutes, as amended from time to time, not possessed or taken in accordance with a lawful prescription. (d) Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs (the HHS Guidelines) means those guidelines as published in the April 11, 1988 edition of the Federal Register (53 Fed. Reg. 11970), as they may be amended from time to time. (e) "Reasonable suspicion" means a suspicion that is based on specific, objective facts derived from the surrounding circumstances from which it is reasonable to infer that fiuther investigation is warranted, Section 3. Circumstances When Testing May Be Required The City and the Personnel Director may require an employee to submit to tests for the presence of alcohol or illegal drugs under any of the following circumstances: (a) As part of the initial screening process for employment applicants. (b) As part of an employee's annual physical examination, if such a pro,am is established. CWA Contract Article 22 October 1. 1998 to September 30.2001 (c) Whenever an employee is promoted. (d) Whenever two managerial employees concur that there is a reasonable suspicion that an employee is using, trader the influence of, or in possession of alcohol or illegal drugs while on duty, or that the employee is abusing alcohol or illegal drugs either on or off duty and the abuse either adversely affects his job performance or represents a threat to the safety of the employee, his co~workers, or the public. (e) Whenever an employee is involved in an accident while operating a City vehicle or while working for the City. (f) At any time within one year after an employee has been counseled or otherwise disciplined because of a problem with alcohol or illegal drugs, or within one year after an employee has tested positive for the presence of alcohol or illegal drugs. (g) When an employee returns from any type of leave of absence of 30 days or more, a medical leave, and worker compensation leave. Section 4, Testing Procedures (a) Whenever an employee is required to provide specimens for these testing procedures, the employee shall be required to provide one specimen (large enough to provide two (2) separate samples) at the time of collection in order to facilitate the testing procedures described in tltis section. Chain of custody procedures consistent CWA Contract Article 22 October l, 1998 to September 30, 2001 Page 69 with HHS Guidelines will be followed in all testing procedures. (b) In testing for the presence of alcohol, the City shall utilize a generally accepted blood test procedure that provides quantitative results showing the amount of alcohol present in the blood. The threshold level for a determination that an employee is under the influence of alcohol shall be: .05 or more percent by weight of alcohol in the blood sample tested. (c) In testing for the presence of illegal drugs, the following procedures shall be followed: (1) The City shall submit the first of the samples to an immunochemical assay or radioimmunoassay test. If the results of this test are negative, no further testing will be conducted. (2) If the results of the initial test provided for in section 4(c)(1) are positive, the sample will be submitted for further testing using the gas chromatography/mass spectrometry (GC/MS) method to verify the initial test results. (3) If the results of the second test administered under section 4(c)(2) are positive, the City shall promptly notify the employee of the results. At that time, the employee may elect to have the second sample subjected to testing. If the tests on the second sample are positive, or if the employee does not request testing of the second CWA Contract Article 22 October 1. 1998 to September 30, 2001 Page 70 _& sample, the City may take corrective and/or rehabilitative action as provided below, including disciplinary action where appropriate. (d) The threshold level for a determination that an employee is under the influence of illegal drugs shall be established in accordance with the I-IHS Guidelines, or in accordance with generally accepted medical procedures, where such I/mits have not been established by the HHS Guidelines. Section 5. Rehabilitative/Corrective Action (a) An employee found to have possessed, used or been under the influence of illegal drugs or alcohol while on duty shall be subject to disciplinary action, up to and including dismissal. (b) The City may require an employee who has tested positive for the presence of alcohol or illegal drags to submit to counseling or other rehabilitative treatment as a condition of continued employment. This section shall not be construed to limit the Employer's right to take appropriate disciplinary action when an employee tests positive for the presence of alcohol or illegal drugs. (c) Any employee who refuses to submit to alcohol or drug abuse testing provided by this article shall be discharge from his employment. CWA Contract Article 22 October 1, 1998 to September 30, 2001 Page 71 Section 6. (a) The City shall pay the cost of any physical examinations and tests required by this article. (b) Physical examinations and specimens required by this article will normallv be obtained while the employee is on duty. If an employee is required to submit to examinations or testing other than during normal duty hours, the employee shall be paid for all time required for the examination and testing. ' (c) The physical examinations and tests will be performed by medical personnel selected by the Employer. (d) Employees who are required by tiffs article to take a physical examination or test shall sign authorizations releasing the records of such examinations and ~ests to the City. (e) The City shall, to the extent permitted by law, endeavor to keep the results of any testing performed pursuant to this article confidential. Furthermore, any positive test results that the City later determines have been refuted shall have affixed thereto the subsequent refutation. Test results shall be considered confidential medical records. Contract ,~xa~ticle 22 October 1998 to September 30. 2001 Pac~e 72 ARTICLE 23 UNIFORMS Section 1. The City shall provide and maintain uniforms to all members of the bargaining unit who are required to wear them. .Section 2. if an employee is provided un/forms and the employee does not complete the six month probationary period for any reason, the cost of the shoes shall be deducted from employees last pay check and uniforms returned to the City. Section 3. Any employee assigned a uniform will be required to wear the uniform at all times while performing h/s job functions. The City uniform shall not be worn for other employment or at inappropriate times. CWA Contract Article 23 October 1. 1998 to September 30. 2001 Page 73 ARTICLE 24 TUITION REIMBURSEMENT Section 1. The City desires to help its employees in their jobs by paying for job-related courses up to the limits of available funds for education during their off-duty hours. Section 2. The following guidelines will govern tuition reimbursement: 1. Eligibility. Open to full-time employees who have been employed by the City for at least one year. An employee desiring to participate in the City's Tuition Reimbursement Program should submit an application to his Department Head at least 15 days before the starting date of the course, ffthe Department Head recommends the course, the recommendation will be forwarded to the City Manager or his designee for final approval. 2. Approved training. Approved courses will directly relate to the employee's current assi~mnnent which will improve his skills, knowledge and ability to perform his duties and will increas- his potential for promotion. Such determination will be made by the Department Head and the Cit~' Manager or his desig-nee. Such courses must be offered bv an approved technical or trade school or an accredited college or university. Attendance at these courses must be during non-working hours. CWA Contract Article 24 October I. 1998 to Seotember 30,2001 Page 7~4 3. Recipients of scholarships. An employee receiving a scholarship or grant for education is not eligible for reimbursement. 4. Servi~e Requirement. Employees participating in this Tuition Reimbursement Program agree to remain employed by the City for at least one year following completion of the course. If the employee voltmtarily leaves or is terminated for just cause prior to one year, he must reimburse the cost to the City. 5. Grade R_eq_uirement. Successful completion oftra/ning must be accomplished through a grade "C" or better before reimbursement will be made. In courses wh/ch are offered on a "pass" or "fail" basis, a pass grade must be earned for reimbursement. 6. Reimbursement. Upon the successful completion of approved training, an original or a Certified copy of the employee's grades, along with proof of his payment of tuition such as a canceled check or receipt, will be submitted to the Human Resources Director. Such documentation will be forwarded to the Finance Department for reimbursement. Transportation for such educational courses will be provided for by the employee, unless such training is required by the City. 7. Maximum Reimbursement. The maximum tuition rate to be reimbursed for college-level courses is that established annually by the State Legislature. Should an employee choose to attend a private school, he is responsible for the difference in tuition. Additionally, employees will be attthorized no more than two classes per semester. CWA Contract Article 24 October I, 1998 to September 30, 200l Page 75 8. The City will pay the employee for the cost of obtaining a CDL License. 9. The employee will be responsible for the' cost of the renewal of their driver' s license, but the City will pay the employee the difference between the base driver's hcense cost and the CDL License and any of the endorsements which the City requires of an employee. CWA Contract Article 24 1998 to 5epte,mbe,,' 30, 2001 ARTICLE 25 MERIT/STEP PAY PLAN Section 1. Employees will be placed in the new pay plan at the step that is equal to the/r current rate of pay, or, if the/r current rate of falls between two steps, at the next higher step in the plan. Employees whose current rate of pay exceeds the maximum for the pay grade will retain their current rate. Section 2. Step movement in the year beginning October 1, 1998 will be governed by the collective bargaining agreement that takes effect on or after October 1, 1998 as outlined below. Section 3. At the end of initial probation, after six (6) months of date of hire (new employee only), an employee will be eligible for a one-step increase, upon satisfactory completion of work performance. Section 4. Annually on the date of h/re, an employee will be eligible for up to a two-step increase, upon satisfactory completion of work performance, until the employee reaches the maxirnum pay for his/her classification. Section 5. If the recommendation for an increase is only for one-step, justification is stated on the performance evaluation form and the pay increase will be implemented on the pay period closest to the employee's anniversary date. Section 6. If the recommendation tbr an increase if for a two-step increase, the CYVA Contract Article 25 October 1. 1998 to September 30, 2001 pag;e performance evaluation and justification for the ~eater increase goes before the Merit Review Board. The Merit Review Board, will review the information and accept or reject the recommendation. The Department Head w/Il be notified and he/she will be responsible for informing the affected employee. Section 7. If the Merit Review Board rejects the recommendation, then a one-step increase is given. The Department Head can request another review in thirty (30) days to convince the Board to approve the special merit pay. If the Board rejects the recommendation again, the Department Head can appeal to the City lvlanager for a final ruling. Section 8. ' If an employee changes job classifications, his or her job classification anniversary date will change, effective the date of the promotion or demotion. New employees are not eli~ble for promotions for six months fi.om their date of hire. Section~ 9. If an emplovee changes job classifications, with the same or a hi~er rate of pay, he/she is eligible to receive a one-step increase in pay from his/her current rate of pay or the bottom of the new job ~ade, whichever is ~eater. In no case mav an emplove,.~ be paid more th~m the ruaximum of the new pa,,' rate. Section 10. If an employee chan~es job classifications w/th a lower' rate pay, he/she may remain at the same rate of pay or receive a decrease in pay, but in no case may an employee be paid more than the maximum of the new pay range. Section ! 1. Longevity pay will be awarded according to the following: A. Employees who are at their maximum pay of his/her pay grade for two (2) years and have the following number of continuous years of employment with the City are eligible for 5% to be added to and become part of their salary on their hire date (or on their anniversary date if they have not been topped out for two years on their hire date) as follows: 9 Years of Continuous Employment 12 Years of Continuous Employment 15 Years of Continuous Employment 18 Years of Continuous Employment B. Employees who are at the maximum pay of his/her pay grade for two years and have the following years of continuous service are eligible for 7.5% to be added to and become part of their salary on their hire date (or on their anniversary date if they have not been topped out for two years on their hire date) as follows: 20 Years of Continuous Employment 25 Years of Continuous Employment 30 Years of Continuous Employment 35 Years of Continuous Employment C W..x, C,~ntract Art/cie 25 Octnher I 1998 tn ~nt~mhe,' g(3 '~001 ARTICLE 26 SEVERABILITY Section l. 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 leg/slat/on, all other Article and Sections of this Agreement shall remain m full force and effect for the duration of this Agreement. Seqtion 2. In the event of the invalidation of any Article of Section of this Agreement, the Employer and the Union agree to meet within thirty (30) working days to discuss replacement of such Article or Section. CWA Contract Article 26 October l. 1998 to September 30.2001 P3cle 30 ARTICLE 27 TERM OF AGREEMENT This Agreement and Contract Extension Agreement and provision contained in the Contract Extension Agreement shall commence following ratification and Council vote and run through September 30, 2001. In witness whereof, the parties hereto have entered into this Agreement on the 9th day of September 1998. This Agreement was ratified by the City Council of the City of Sebastian, Florida, by formal action on the 9th day of September, 1998. CWA Contract Article 27 October 1. 1998 to September 30.2001 Page 81 I I I I i I I I I I I I i I i I I I I COMNIUNICATIONS WORKERS OF AMERICA Gary L. McCallister CWA Representative Stephen DiTrapano CWA Committee Member Ernest Gerber CWA Committee Nlember Rick Hershberger CWA Representative ATTEST: Kathryn M. O'Halloran City. Clerk APPROYTD AS TO FOP,2v[: C it,,' ,4. rtornev CITY OF SEBASTIAN, FLORIDA Ruth I. Sullivan, Nlayor Thomas W. Frame, City Manager Janet Isman, Finance Director Paul E. Horsey Chief Negotiator t-fa ~m 7,, tD I i I I I E~ C 0 c-- i I i I I I I I I i I I i I I i I I I ! City of Sebastian I 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 Subject: Blue Cross and Blue Shield Renewal Rates Approved for Submittal by: City Manager Thomas W. Frame Agenda No. Department Origin: Human Resources Date Submitted: August 28L 1998 For Agenda of.' Septembgr 9, 1998 Exhibits: (i) Resolution R-98-41 SUMMARY STATEMENT The renewal rates for Blue Cross' and Blue Shield health and dental insurance coverage are going to remain the same as the previous year. They are: CURRENT BENEFITS CURRENT COSTS ,CURRENT BENEFITS RENEWAL COST Employee Only $225.37 $225.37 (City Pays) Spouse $221.98 $221.98 (Employee Pays) Child $129.56 $129.56 (Employee Pays) Family $297_21 $297.21 (Employee Pays) L RECOMMENDED ACTIQN Move to approve and adopt the renewal cost. authorizing the City Manager to approve the health/dental and life insurance from Blue Cross and Blue Sheild. RESOLUTION NO. R-98-41 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF THE CITY OF SEBASTIAN, THE NEW BLUE CROSS AND BLUE SHIELD HEALTH PREMIUMS RATES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ltEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, the City of Sebastian provides Blue Cross/Blue Shield health insurance coverage to its employees; and WHEREAS, the City has accepted no cost increase to the premiums. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1, The City Manager is hereby authorized to enter into an amended agreement with Blue Cross/Blue Shield for health insurance coverage. SECTION 2_, CONFLICT. That all resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. SEVERABI!.,ITY. That in the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution 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 be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in tull force and effect. i I I I i I i i I I I I I I I I I I SECTION 4. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this , 1998. CITY OF SEBASTIAN, FLORDA By: Ruth Sullivan, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Timothy Williams, Interim City Attornev and, day of City of Sebastian, Florida Subject: Primeeo Personal Agenda No. ~//~', Communications Lease with City to Provide Cell Phones Department Origin: City Manager Date Submitted: September 3, 1998 For Agenda of: September 9, 1998 Approved for Submittal by: Thomas W. Frame, City Manager Exhibits: Copy of Memo from Police Chief Randy White Copy o fLetter from Josephine Conde, Primeco Property Manager Copy of Proposed Amended Lease Agreement for Tower Space Expenditure Required: ] Amount Budgeted: [ Appropriation Required: n/a [ n/a [ n/a SUlVIMARY The City of Sebastian entered into a lease agreement for the occupation of space on the communication tower located at the Police Department. The present lease only provides for monetary payment for the use of the tower space. However at the time of discussion on the terms, it was indicated that cell phones would be made available. The attached amended le.ase agreement proposed to provide five phones which will be provided with 300 minutes a month of free service. Additionally, within Florida, there would be no long distance or roaming charges. RECOlVlMENDED ACTION Move to approve the proposed amended lease agreement authorizing the City Manager to execute the Agreement on behalf of the City. SEBASTIAN POLICE DEPARTMENT 1201 Main Street Telephone 561/589-5233 Sebastian, Florida 32958 24 ~ Fax 561/589-2207 DENNIS R. WHITE, Chief Admin Fax 561/388-1872 E-mail: spd@sunet.net Web: www.sebastianpd.org MEMORANDUM Date: 7/24/98 To: Mr. Tom Frame, City Manager Re: Primeco Cell Phone Contracts Attached, ,for your signature, are copies of an addendum offered by PrimeCo to their existing lease agreement' between our City and their company. They have now apparently decided to honor their promise of free cell phones and discounted local service, as offered by their agent, Charles Hereford, when he negotiated the tower space lease. PrimeCo has offered 5 digital cell phones with. 300 local minutes each, on the PrimeCo system, at 'no cost to the City. Calls anywhere in Florida are Considered local and are included in the 300 minute allotments. These phones and service will be supplied in addition to the annual rental payments already agreed to for the life of the original lease agreement. We will apparently only be charged for out of state long distance calls or ~%%eTf the phones outside of Florida, which would probably be very In your consideration of where these new digital phones will be assigned, I request that some be exchanged for some currently used by this department. We have at least 3 existing non-digital cell phones that are consistently and justifiably used over their allotted time limits and the basic $15 per month service charge. Costs on these phones are u[ually $40 to $50 per month. It would save the City money to move ~he $15 per month phones, some with 60 local minutes per month and some with t00 minutes per month, to areas wherein they would be used less, and move the PrimeCo phones to ~he higher use areas. Of course, the existing funding we have for each of these phones ($15 per month, each) would also be transferred with the phone. Also, the Prime~o phones are digital which greatly improves their privacy and security. Your co?sideration will be appreciated. Den.~io R. W_~.~te PR MECO July 21, 1998 Chief Randy White City of Sebastian Police Department 1201 Main Street Sebastian, FL 32958 Lease Agreement Between City of Sebastian and PrimeCo Personal Communications Limited Partnership for Tower Space at the Sebastian Police Tower Dear Chief White: As discussed during our telephone conversation of several days ago, enclosed please find three (3) copies of an Amendment to the above lease covering the PrimeCo phones and air time. Please forward these amendments to the City Manager for his signature, and return them to me at your earliest convenience. Also enclosed is a Business Order Form which needs to be filled out and returned to me. Upon receipt of the signed documents, I will send you the ph'ones, and service will commence. If you have any questions regarding the above, please do not hesitate to contact me at (561) 995-5553. Yours truly, JC/bj Enclosures Amendment to Lease Agreement PCS Phone Agreement SEBASTIAN POLICE TOWER This Amendment to Lease A~eement, dated as of , 1998, is entered into by and between PrimeCo Personal Communications, Limited Partnership ("Tenant" or "PrimeCo" ) and City of Sebastian, ("Lessor"). Lessor and Tenant have previously entered into a Lease Agreement (the "Lease"), dated as of July 24, 1997. The parties, intending to be legally bound, agree as follows: Phones and Service. in addition to the rental and other fees described in the Lease, Tenant shall provide Lessor with five (5) PrimeCo wireless phones and PrimeCo wireless service ("Service") during the term of the Lease, such phones and Service to be provided to the roi!owing: Name: City of Sebastian Atto: Thomas W. Frame, City Manager Address: 1225 Main Street Sebastian, FL 32958 2. Pricing. Service provided hereunder shall include any connection fee, the monthly access . fee, and up to three hundred (300) minutes of included local usage per month for said phone. Excess minutes shall be charged' at $ .20 per minute (or the current rate charged to other PrimeCo customers on rate plans with a comparable number of included minutes). Any included minutes not used during a month may not be credited to another account nor may they be credited to any future month's Service. Tenant shall not provide any accessories, installation, servicing, upgrading, or replacement of equipment except as set forth herein. Service provided hereunder shall not include roaming charges, long distance charges, or charges for additional features or services, or related taxes. Invoices for such additional charges will be sent to the person(s) listed in Paragraph I, provided however, that Lessor shall remain primarily liable for all additional charges incurred. 3. Suspension/Termination. PrimeCo reserves the right to suspend or terminate Service on one or more phones provided hereunder for any failure to pay additional charges or for any other default by Lessor under this Amendment, and Lessor acknowledges that any such suspension or termination will not constitute a default under the Lease, nor shall it result in any adjustment of any payments due from Tenant under the Lease. In the event that Lessor is dissatisfied with Service or elects to terminate Service for any reason, Lessor acknowledges that the rights and obligations of the parties under the lease shall continue unchanged, and Landlord shall not make any adjustment of any payments due from Tenant under the Lease. Tenant acknowledges that the provision of Service hereunder is subject to the terms and conditions brochure provided with the phone, except as varied by this Amendment. 4. Term. Tenant shall provide Service tbr the phones referenced in Paragraph I during the term of the Lease. as it may be extended or earlier terminated. At the end of the term of the Lease, Lessor may keep the phones provided hereunder, but must apply for ?rimeCo Service on the same terms and conditions as are offered to the general public. Warranty. Tenant may provide reconditioned telephones to Lessor in Tenant's sole discretion, and shall provide a limited warranty as set forth in the terms and conditions brochure that accompanies the phone. THE FOREGOING WARR.4~NTY IS Pi' LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR I~[PLIED, INCLUDING BUT NOT LEVIITED TO THE IMPLIED WARRANTIES OF MERCI-IgnNIT.-LBILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY OF ~NY KUND IS MADE BY PRIMECO WITH RESPECT TO SERVICE. LESSOR ACIGNOWLEDGES THAT TIlE PHONES PROVIDED HEREUNDER WILL NOT ACCEPT TI:rE SERVICE OF ANY OTHER WIRELESS CARRIER. 6. Price Plans. Lessor does not have the option to change to any alternate pricing plans, except as may be agreed to in writing by Tenant in its sole and absolute discretion. 7. Taxes. All taxes required to be paid in connection with the operation of phones and Service, if any, are the responsibility of Lessor. Tenant will issue a Form' 1099 to -Lessor at the end of each calendar year which will state the fair market value of the phones and Service provided. 8. Risk of Loss. Lessor shall use the phones in accordance with the manufacturer's operating manual and in compliance with all applicable laws, rules, and regulations. Lessor shall bear the entire risk of loss of said phones, including any loss or damage from use or operation or from any cause or hazard' whatsoever. Tenant does not provide insurance for protection against loss, damage, or theft to the phones. However, if an insurance program is desired, Tenant can provide information from a Tenant-selected insurance carrier for Lessor evaluation. If Lessor selects that insurance carrier's program, .Tenant can include the monthly premium on the Lessor's monthly invoice and shall remit such premium, once paid by Lessor, to the insurance carrier. 9. Limitation of Liability. Lessor acknowledges that Tenant shall not be held liable for Service interruptions, including dropped calls, due to equipment failure, equipment or facilities shortages that create transmission limitations, system capacity limitations, acts of God, or other causes beyond Tenant's control. Lessor assumes all risk and accepts all liability associated with the use of the phones, including but not limited to the risk of traffic accidents while phones are in use, and charges resulting from the fraudulent use of the phones and Service. Lessor specifically acknowledges that Tenant shall not be liable for damages resulting from or in connection with any interruption or failure of emergency 911 or E911 Service or the identification of the telephone number, address, or name associated with any person accessing or attempting to access such emergep°,y Services. In the event that any employee of Lessor makes a claim against Tenant for any of the foregoing reasons, Lessor shall indemnify and hold Tenant harmless from any such claim. IN NO EVENT SHALL TENAtNT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR PARENTS BE LIABLE FOR .4aNrY ~NDIRECT, SPECiAL. LN'CIDENTAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE CAUSE OF ACTION AND WItETHER OR NOT TENANT I-L-kS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAbLA. GES. [SIGNATURES FOLLOW ON NEXT PAGE] IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date set forth above. PRIMECO PERSONAL COMMUNICATIONS, LIMITED PARTNERSHIP CiTY OF SEBASTIAN By: By: Name: Name: Title: Title: PR~MECO' ACCOUNT INFORMATIC)N Account Business Order Form Schedule to Master Business Agreement for Account Number: Name et Susinass; Employees Authorized to Make Changes: Physical Address: ' City: BILL TO ADDRESS Address: I"City: CREDIT INFORMATION Principal Owner Name(if applicable): Phone #: Credit Contact: # of Employees: Type of Business: C'lCorporation Number of phones to be purchased: BANKING & TRADE REFERENCES Bank Name; Contact Officer: ISalesperson Signature: MINa: IAuthorized Contact: State: State: Attention: DBA: IPrincipal Owner Title(if applicable); Pun's #: Subsidiary of: Fed Tax ID: SIC Code: I-IProprietorship i'-IGovernment [-JOther: Rav~edSt2819a Customer Type: [] New 0 Existing IMTA: Fax Num0er: Phone Numl3er: Account Change PIN: Zip: IZIP: I Pdncipat Owner SSN(if applicable) -Yrs in Business: Need ability to roam: [-'1 Yes [] No Phone: -City:. I State: I Zip; I Acco~Jnt #: Trade Reference Co. Name: Tra~e Refm'ence Ce. Name: ~ral~/a, ef~sme.,I Co. Name: -Ci~: State: Phone #: Contact: City: State: Phone #: Contact: City:. 'State: -Phone #: Contact: SERVICE AGREEMENT AUTHORIZATION I represent that I am authorized on behalf of my company to agree that 1) the company will be bound by the terms of the Master Business Agreement referenced above and this schedule and 2) PrimeCo may verify the company's credit history or verify my personal consumer credit history, if it deems it necessary based on the company's credit history or lack thereof. In that event, I authorize PdmeCo to obtain consumer credit reports from consumer reporting agencies prior to considering this application and subsequently for purposes of any updates, renewal, or extensions of credit granted as a result of this application or reviewing or collecting the Account. I understand that upon my request, PrimeCo will inform me of the name and address of each consumer reporting agency from which it obtained a consumer credit report. Authorized Signature: TiUe: Printed Name:; Effecttve Date: For Customer Service Call: 1-800-383-2700 P~ge ~ CLEARLY I ~ I S U M M E I! I From coast to coast ~ we've got you covered cove~'a8~ e~ion m ~e Sou~w~: Coasz m~ns you ~ u~ 7o~ ~iLh ~e~ ~fl 7ou ~e. ~ no ~ne~ wher~ bus~s or pleasure r~ you. you ~n envy ~e c~'f, ~or~b~e ~,d ~ml-dc~ ~ml :e~fi~e you ye Now you cm~ cn~oy ~eCo cov~ra~ ~ ~e ~pu!ar ~uthwes~ areas: W,: .~.aver.'~ smp~ ~zc! Were a~o e~ended ~,'~e nc~ ~ :~w Veto BeacE ~m~ Robe $ouad ,,~ Jupi;¢r Plus, ~ No~b Florida you ~. now ¢~'~oy your ~d. ii yo~ ~ your ~one m W~ Y~ Be~C~ you'~ ~ ~ppy ~ h~ ~e've coverage along AI~ U,S, I ~d o(her :waj¢~ highways. ,~car~s :n fu~u:c is~u~ of C:~rl)' 5~in9.~. A.~td don'~ for~. to Ch~-k out I I I I m City of Sebastian, Florida Subject: Use ofoffduty police officers Agenda No. ~7~. for certain uses at Sebastian Community Center Department Origin: Police Department Approved for Submittal by: Thomas W. Frame, City Manager Exhibits: Cop7 of Memo fi:om Police Chief Randy White Expenditure Required: I Amount Budgeted: n/a I n/a Date Submitted: September 3, 1998 For Agenda of: September 9, 1998 IAppropriation Required: n/a SUMMARY The City Council recently discussed the idea of requiring off duty police officers at functions at the Community Center where alcoholic beverages would be consumed. Chief of Police, Randy White, has suggested certain thresholds to determine when to require the use of the off duty police officers. Also he has proposed certain thresholds for off duty officers associated with middle and high school dances when no school resource officers are available. RECO~VUVIENDED ACTION Review criteria and give direction to staff for the development of a resolution establishing the desired criteria. SEBASTIAN POLICE DEPARTMENT 1201 Main Street Telephone 561/589-5233 Sebastian, Florida 32958 24 ~ Fax 561/589-2207 DENNIS R. WHITE, Chief Aden F~x~-1872 E-mail: spd@sunet.net Web: -~ MEMORANDUM ~ .~%;-~q%~% ~r Date: 9/3'98 ,~ *.~ '~.¢~% ~.. Re: Hiring of Officers at City Facility Functi~SED) This is submitted in follow up to last Wednesday night's Council meeting where at the above issue was discussed. My recommendations are: Adult functions without alcohol: No Officers Required (unless requested by renter) Adult functions where alcohol is permitted: Up to~L~9~guests No officers required 7~ 1'~ to 250 guests 1 Officer required 251 to 400 guests 2 Officers required. 400 to 550 guests 3 Officers required 551 guests or more will be individually evaluated to determine the appropriate number of officers needed. 3. High School or Jr. High Dances/Functions: 100 to 199 students ! Officer required 200 to 399 students 2 Officers required 400+ students 3 Officers required NOTE: if sponsor, usually a school, agrees to have an adequate number of their School Resource Officers (IRSO Deputies) for security, we may not need our Officers there. This shcu!d be ecided on a case by case basis. Page 2 of 2 Since this is a new concept for us, I recommend ~hat we use this guideline and monitor events to determine whether these numbers of officers are adequate to protect the City's interests. Dennzs R White Chief of Police City of Sebastian, Florida Subject: Florida Recreation Agenda No. g/~-~ / Development Assistance Program (FRDAP) Grant Application Department Origin: City Manager I I I Approved for Submittal by: Thomas W. Frame, City Manager Date Submitted: September 3, 1998 For Agenda of: September 9, 1998 Exhibits: FRDAP Guidelines Expenditure Required: I Amount Budgeted: n/a I n/a IAppropriation Required: n/a I I i I I I SUMMARY In an attempt to find sources of grant money to aid in the potential acquisition of the property immediately south of Riverview Park, one source of funding that would be available is the State Recreation Development Assistance Program..In discussing this matter With Ms. Amy Adams, grants coordinator, St. Johns River Water Management District, she has advised me that the City could apply for up to $100,000 which would requke an equal match. Obviously, while the asking price is much higher, staff is seeking aid (9~m other to assist in coming up with additional funding. Should the grant be approved, the city would have to set ~ide a project of comparable size or value to provide the desired match. RECO~NDED ACTION Authorize the staff to include a request for funding aid through the use of the FRDAP grant. I I i I I http://www2.dep.state.fl.us/bdc/grants/FACTS.HTM Page 1 of 3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATiON AND PARKS BUREAU OF DESIGN AND RECREATION SERVICES PROGRAMS The Bureau of Design and Recreation Services functions within the Division of Parks and Recreation to assist in meeting, maintaining and enhancing public recreation oppommities by providing financial assistance to Florida's local government leisure service agencies. The Office offers such aid through extensive on-site visits, telephone consultation, conference and workshop presentations, and correspondence. Florida Recreation Development Assistance Program (FRDAP) This program is funded by the Florida Legislature through an annual appropriation based upon at least five percent of the funds credited to the Land Acquisition Trust Fund each year. FRDAP provides financial aid on a competitive basis to local governments to acquire or develop public outdoor recreation resources and facilities. This assistance is pursuant to Chapter 375.075, F.S., and Chapter ltD-5, Part V, F.A.C. The matching formula depends on the total project cost. What Is The Florida Recreation Development Assistance Program (FRDAP)? The Florida Recreation Development Assistance Program is a competitive program which provides grants for development or acquisition of land for public outdoor recreation opportunities. How Is FRDAP Administered? The Florida Department of Envirbnemtal Protection (DEP) administers the program according to Chapter 375.075, Florida Statutes, and Chapter 16D-5, Part V, Florida Administrative Code. Who May Apply For FRDAP Funds? Florida's county governments, incorporated municipalities and other legally constituted local governmental entities with the legal responsibility for providing public outdoor recreation may apply. For What Purposes May FRDAP Funds Be Used? Acquisition: Land for outdoor recreation purposes Development: Outdoor recreation areas and facilities such as beaches, picnic areas, trails, ballfields, tennis and basketball courts, and playgrounds along with associated support facilities such as lighting, parking and restrooms. Enclosed buildings and structures (except restrooms and bathhouses) are ineligible. How And When May FRDAP Applications Be Submitted? 9/3/98 Program rules specify the required documentation and procedures for application submission. Applications may be submitted only during submission periods as announced by DEP. How Many FRDAP Applications Mav An Applicant Submit? 3:56:52 PM I I I I I I I I I I I I I I I I I I I http://www2.dep.state,fl.us/bdc/grants/FACTS.HTM Page 2 of 3 Only one application may be submitted by an applicant during each submission period. Applications may involve only one project site except for acquisition or development of sandy beach access. An applicant with two incomplete FRDAP projects by the closing date of an announced application period may not apply for program funds. What Is The Maximum Amount Of FRDAP Funds For Which An Applicant May Apply ? Maximum grant requests are announced by DEP before the beginning of each FRDAP application submission period. What Are The FRDAP Matching Ratios? Project Cost State Share Grantee Share $50,000 or less 100% 0 $50,001 - 150,000 75% 25% Over $150,000 50% 50% What Can An Applicant Use To Mater FRDAP Funds? *cash *undeveloped applicant owned land (subject to conditions) *in-kind services Volunteer or donated labor, equipment, and materials may be used to construct an approved grant project, but cannot be charged to the grant or match. Must An Applicant Own The Site For A Development Project? The applicant must own or lease the site by the closing date of the application submission period. Leased land must be under control of the applicant for at least twenty-five (25) years after project completion. An applicant proposing construction on State-owned land must obtain permission ' from DEP, Division of State Lands. The process to obtain such permission should begin at least six (6) months before submission of the FRDAP application. How Does Environmental Permitting Affect Proposed FRDAP Applications? FRDAP development projects must obtain fully executed copies of all required federal and state environmental construction permits before commencement of construction. How Are FRDAP Grants Awarded? Each eligible application is evaluated according to an established criteria and assigned a total point score. Based on the scores for all eli~ble applicati,~ns, recommended priority lists in descending order are established for small and large projects and for acquisition and development projects. These lists are submitted by DEP to the Florida Legislature for program funding consideration. If An Applicant Is Awarded FRDAP Funds, What Are The Major Requirements? Project Agreement: DEP and the grantee will enter into an agreement setting forth conditions consistent with DEP policy and Florida Administrative Code. Completion Time: The grantee may be allowed up to three (3) years from the effective date of the agreement to complete the project. 9/'_3/'98 3:56:_q2 http://www2.dep.state.fl.us/bdc/grants/FACTS.HTM Page 3 of 3 Payment Schedule: The grantee will receive FRDAP funds on a reimbursement basis. Project Plans: Development projects shall have final plans prepared and certified by a registered engineer or architect. Project Accessibility: A recipient of funding may not, directly or through contractual or other arrangements, on the grounds of age, race,color, sex, national origin, physical or mental disability, deny an individual any service or benefit which could otherwise be reasonably provided. Operation and Maintenance: The grantee must operate and maintain the project area for public outdoor recreation purposes for a minimum of twenty-five (25) years at~er completion of grant project construction. Grantee owned land must be maintained as a public outdoor recreation area in perpetuity. The Department of Environmental Protection is an equal opportunity agency and offerS all persons the benefits of participating in each of its programs, and competing in all areas of employment regard- less of race, color, religion, sex, national origin, age, handicap, or other non-merit factors. To contact the Bureau of Design and Recreation Services and staff, you may call or write to the following: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Phone: (904) 488-7896 Fax: (904) 488-3665 ~8 3:56:52 PM I I I I I i I I i I I I i I I I I ITEM NO. ROLL CALL 1 Mrs. Cartwright Mr. Neuberger / Mr. Paul /~ Mrs. Sullivan_.) Mrs. Wininger ITEM NO. MOTION SECOND MOTION ROLL CAI~L Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Cartwright ITEM NO.' ROLL CALL 3 Mr. Paul Mrs. Sullivan' "/ Mrs. Cartwright "// Mr. Neubsrger ITEM NO. ROLL CALL 4 Mrs. Sullivan ',~ Mrs. Cartwright -,] Mr. Neuberger Mr. Paul ITEM NO. ROLL CALL 5 Mrs. cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL 1 Mrs. Cartwri~t Mr. Neuberger Mr. Paul Mrs. Sullivan M~.~i'uger ITEM NO. ROLL CALL2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ' ROLL CALL 3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Ncuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger' Mrs. Cartwright Mr. Neuberger Mr. Paul ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND