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HomeMy WebLinkAbout06021993 City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, JUNE 2, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Se &GEND& MODIFICATIONS ¢;kDDITIONS ]%ND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-95-19). ANNOUNCEMENTS CONSENT AGENDA 93.181 PGS 1-2 Ail 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. Sebastian Panthers Youth Sports Association - Request Use of Community Center - Fundraiser Dance - 6/5/93 - 7:30 p.m. to 10:30 p.m. - Rental Fee Waiver and Reduction of Security Deposit to $100 (On Hold - Previously Reduced) - Permittee Jill Frost (City Clerk Transmittal dated 5/25/93, Application) 93. 182 PGS 3-6 9. 10. 93.183 PGS 7-34 93.015 PGS 35-36 93.184 PGS 37-42 93.185 PGS 43-48 93.186 93.187 PGS 49-59 Indian River County Anti-Drug Abuse Programs Grant Application - Approve Proposed Distribution of Funds (Chief of Police Transmittal dated 5/27/93, IRC Letter dated 5/25/93, Sample Letter) 7. MAYOR ~%ND CI.T~ COUNCIL I~ATTERS A. Mrs. Carolyn Corum B. Mrs. Norma Damp C. Mr. Robert Freeland D. Mayor Lonnie R. Powell E. Vice-Mayor Frank Oberbeck CITY ATTORNEY MATTERS MANAGER MATTERS WORKSHOP ITEMS GDU Rate Increase Request - Engage Services of Rachlin & Cohen, Certified Public Accountants - Fee Not to Exceed $15,590 (City Manager Transmittal dated 5/27/93, R & C Proposal, Hartman Proposal, Hartman Letter dated 5/27/93, Cloud Proposal dated 5/27/93) 4th of July Committee - Request Closing of Certain Streets - 7/3/93 and 7/4/93 (City Clerk Transmittal dated 5/28/93, Malek Letter dated 5/13/93) Special Use Permit Application - Burn Permit - Saint Sebastian PUD (Director of Community Development Transmittal dated 5/27/93, Application w/Supporting Documents, Plan Under Separate Cover) Dm Community Development Goals and Objectives (Director of Community Development dated 5/27/93, DCD Memo dated 5/27/93, Schedule Joint Workshop with Code Enforcement Board (No Backup) F. Drug Free Workplace (Personnel Director Transmittal dated 5/27/93 and Memo dated 5/28/93, Drug Testing Policy) 2 93.011 G. POS 61-76 Golf Course Operations - Revenues (Golf Course Pro/Manager Transmittal dated 5/27/93, City Manager Memos dated 12/21/92 and 4/27/93, Finance Director Memo dated 5/27/93) 11. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND 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. (286.0105 F.S.) 3 I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Sebastian Panthers Use of Community Center) June 5th, 1993-Dance- Fund Raiser Approved For Submittal By: City Manager DeDt. Ori~ city Clerk Date Submitted 5/25/93 For Aqenda Of ~ Exhibits: Application Dated 5/25/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: The Sebastian Panthers Youth Sports Association has applied for use of the Community Center for a Fund Raiser Dance on June 5, 1993 from 7:30 P.M. to 10:30 P.M. and is requesting that the rental fee be waived and the $250.00 security deposit be reduced to $100.00. A security deposit of $100.00 is on hold at this time. city Council, on January 12, 1991, March 13, 1991, July 24, 1991, December 4, 1992 and March 24, 1993 approved rental fee waivers and reduced Security Deposit to $100.00 for Sebastian Panther Youth Events. RECOMMENDED ACTION Move to approve the request for fee waiver and to reduce the security deposit to $100.00 for the Sebastian Panther's use of the Community Center on June 5, 1993. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION N~ber of Pe~ons c~stitutin~ 7o~p or or~zation: Please ans~ Y~ or R0: 1) Ire kitchen facilities required? Ire you a resident of Sebastlam Will decorations be p~t up? 4) Will there be ~n ackission or door charge? 5) Will alcoholic bewrages be served? (a) If ~,~r to IS.is !ms- pemittee's proof or age (b). If alcohol is to be served, ~emission is re~i.'red b~ the ~it~ Council, Your request ~in be presented to Council on Aoount of Rental ?t Searit¥ ~it paid on i~itial (date) in the amount of or Cash Rental Fee paid on (date) in the amount of ~l, c~.~ f or Cash initial Alcoholic Beverage Request heard at the Council ~eetinqon (date). Request ~PPROV~ / DDII~D. Fee Waiver Request heard at the Council HeetinQ on (date). Request ~PPROVED / lay Pickup Date Key Return Date Security Deposit returned by City Check amount of on in the (date) City of Sebastiatt POST OFFICE BOX 781)127 n SEBASTIAN. FLOHIDA 32078 1 ELEPHONE 1407) 58B-i~330 FAX 401-56B~55;'0 SUBJECT: Anti-Drug Abuse Act Funds for Fiscal Year 1993 Approved For Submittal By: Ci~ Manager ~'~' Agenda No. Dept. Origin Date Submitted For Agenda Of Police 5/27/93 6/02/93 Letter from Mr. Randy Dowling, Ass't_.to the Administrator, Dated 5/25/93 EXPENDITUR~ AMOUNT APPROPRIATIOn, REQUIRED: REQUIRED: SUMMARY STATEMENT Indian River County has been allocated $138,816 from-'the Florida Department of Community Affairs for fiscal year 1993/1994 to fund local anti-drug abuse programs. The county will provide 25% matching funds which will bring the total amount available to $185,088. The Substance Abuse Council is recommending to the Board of County Commissioners that five programs be funded. Refer to attached exhibits for back up material RECOMMENDED ACTION Move to concur with the Substance Abuse Council's spending plan on the distribution of funds for fiscal year 1993/1994. INDIAN RIUER COUNTY 1u:o2 No.UU2 F.UZ ID :407-??0-5095 MRY 2b'96 BOARD OF COU2VTY CO, tllMI$$IONER$ 1~40 ZSth Stntet, Veto B~ath~ Florida $g960 "~'elep½ont: (407) May 25, 1993 Sun~com Telephone: 224-1011 Mr, Robb McClary, City Manager City of Sebastian P.O. Box 780127 Sebastian, FL 32978 Dear Mr. McClary: Indian River County has been allocated $138,816 from the Florida Department of Community Affairs for FY 1993-9# to fund local anti-drug abuse programs. The county will provide the 25% matching requirement which will bring the total amount available to $185,088. This is the fourth year of the grant program. After soliciting for new grant proposals and evaluating the seven received, the Substance Abuse Advisory Council is recommending to the Board of County Commissioners that the following five programs be funded: 1) First Start Program* - Administered by the Indian River County School Board. State Share 75% $37,499 County Share 2S% ~ Total $~49,999 2) Just Say No Program* - Administered by the Just Say No Council of indian River County. State Share 75% $20,775 County Share 25% 6,925 Total $27,700 3) indian River County Sheriff"s Sheriff's Department. State Share 75% County Share 25% Total Drug Task Force -- Administered by the I $47,910 $63,880 5) City of Felismere Community Drug Coalition - Administered by the City of Fellsmere. State Share 75% $18,750 County Share 25% 6,.2.50 Total $25,000 Substance Abuse Advisory Council Administrative Expenses* - Administered by the Substance Abuse Council of Indian River County. State Share 75% $13,882 County Share 25% 4.627 Total $18,509 * Indicates a continuation from the previous fiscal year. i i I I I I i I I i i I i I I I I I I IN~HN K~V~K ~UUlNIT One of the grant's requirements is that a letter of approval from each of the county's municipalities be submitted with the grant application. Please submit to me by mail or fax before June 7, 1993, a letter of approval for the county's FY 1993-94 anti-drug abuse grant programs. Attached is a sample. letter of approval. This matter is scheduled to be on the Commission's agenda on Tuesday, June 1, 1993. If you have any questions or concerns regarding this request, please contact me by telephone at (q07) 567-8000 x~08 or by fax at (q07) 770-5095. Sincerely, Randy Dowling Asset. to the County Administrator RD/mg \D\grntfund. fmc J. PlLI.LHr~ KzVF_.K I,.,UUI~il T J. JJ; 4U r'- r' ~RY 26'9~ 10:05 No.O02 P,04 i . i SAMPLE LETTER OF APPROVAL Date Mr. John A. Lenserts, Chief Bureau of Public Safety Management Department of Community Affairs 27#0 Cantervlew Drive Tellehessee, FL 32399-2100 Deer Mr. Lenaerts: In compliance with State of Florida Rule 9G-16.003{~4)(d), the City of approves the distribution of $185,088 of Fiscal Year 1993 ~ederel Anti-Drug Abuse Act funds for the following projects within Indlan River County. 11 First Start Program $ q9,999 Just Say No Program 27.700 Indian River County Sheriff's Drug Task Force 63,880 City of Fellsmere Community Drug Coalition 25,000 Substance Abuse Advisory Council Administrative Expense 18,509 Total Sincerely, $1ss.--Tb I I I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: GDU Rate Increase Approved For Submittal By: Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: 1. Finance 5-27-93 6-02-93 Rachlin& Cohen, CPA, proposal dated 5-26-93 EXPENDITURE REQUIRED: $15,590.00' * WILL BE REIMBURSED BY GDU AMOUNT BUDGETED: NONE APPROPRIATION REQUIRED: NONE SUMMARY STATEMENT The City of Sebastian received a notice of intent to raise utility rates from General Development Utilities, Inc. May 5, 1993. In accordance with the provisions of Ordinance 0-81-8 and 0- 81-9, the city must hold a public hearing on the proposed rate increase within 60 days after notice; and approve or disapprove the rate increase within 30 days after the public hearing. The firm of Rachlin & Cohen, Certified Public Accountants of Miami has the specialized skills and experience in both rate increase analysis and in dealing with GDU requests, specifically. Pursuant to Ordinance 0-92-16, the cost of hiring this firm will be paid by GDU. In order to keep the acquisition of GDU and the rate increase separate; avoid the appearance of a conflict of interest; meet the time requirements of Ordinances 0-81-8 and 0-81-9, the City Council should authorize the City Manager to proceed with an agreement with Rachlin & Cohen, in accordance with the attached proposal in the not-to-exceed amount of $15,590.00, to review the proposed rate increase. RECOMMENDED ACTION Move to approve the engagement of Rachlin & Cohen, CPA, for analysis of a rate increase submitted by General Development Utilities, Inc. for a fee not to exceed $15,590. RACHLIN & COHEN CERT'JFIED PUllt./c ACCOUNTANTS ~ CONSULTANTS 700 SOU'rII~.~.$'T THIRD Av£Nu~; Surrz 400 I...,~Dr. RI:X~r', Fbo~rD^ 33316-I I02 T~t.£1,BO~,~..~: BP. ov/A~.D (305) 764-7717 D&ot (3,05) 667-0412 Fta: (305) 764-783-'1 May 26, 1993 Nr. RoberL S. McClary City Manager city o~ Sebastian P. 0, Box 780127 Sebastian, Florida 32978-0127 Dear Mr. McClary: We are pleased to submlt this proposal for consulting services percatntn~ =o the analysis of a water and sewer rate application submitted by General Developmen~ Utili~ies, Inc., Sebastian Division. As yOU know, our fir~ Rachlin & Cohen is well respected throughout the state for Its many years of experience in muniuipal and private utility fields. Our fi~mhasha~ previous experience in reviewin~flnancial/re~ulatorydata prepared by ~he utility, historical data of the utility and this will provide us with the advantaSe of familiarity. Additionally, the firm knows the management and staff of the utility and understands the type of filings prepared by the utility. The primary objective of the type of analysis resulted for this pro]sc= would be comprehensive, including a examination of the cost of service an~ thorough rate evaluation, ultimately provi~ing recommendations to the Staff robe presented to the City Commission. The rate evaluation will include Initial meet±n9 with the Staff to understand their goals and objectives for this project. Development of a "want list" of documents, records, source~ata, engineering report, etc. necessary to perform a =omprehensive rate evaluation. Meetings with utility representatives if necessary. Analysis of the rate application, which will include verification of source data and the tracing of hi~orlcal numbers ~o the Annual Report on file with the City, and review of assumptions used for projections included in the application. d. Compilation of information and developmen~ of draft report to be presented to the Staff for comments before completion. e. Attend hearin~m or workshops conducted by the City of Sebastian as requested. Mr. Robert S. McClary City Manager City of Sebastian Page Two ~. iSsUe final report of findings and recommended rates. A key to a successful rate application analysis is a knowledgeable consul=in~ team with broad channels of communication in order to maximize =he involvement, interest, and commitment of the City. The scope of our involvement ia outlined in the enclosed budget delineated by specific ~asks and draws upon extensive experience of the key staff of our firm. The team assigned toy our project will posse~s ths hi~hee= level o5 professionalism. A ma=rix will be used for task and timeframe assignment. Our proposed budget is attached for your review and consideration. The comprehensive fee will not exceed $15,~90 for this engagement. Resumes o5 our key s=aff are enclosed for your reference. Thank you for consideration of this proposal. Should you have any guestions or require additional info~mation, please do not hesitate to call me. LALlaz ~nclosures cc: Marilyn Swiohkow, Finance Director e, CPA., P.A. ~:0 'd I .I I I I I I I I I I i I I I i I I I City of Seb&~tian May 26, 1993 Initial meeting with staf~ for instructions b. ae~le~ of rate application & 1992 Annual Report for preparation of 1. ~eeC with Utility Representa~i=es re~ "Want Lie=n (optional) c. Analysis of Rate Application 1. Review of historical data 2. Reviewer cost allocatione between water & ~ewer staff Level Director Senior Director Director Senior Senior # of hours Re=uired 7 w/travel 2 1 1 4O 4 O&M Evaluation a. Adequacy Projected future cos2e c. Overhead allocations Review o£ projected data, if necessary Review of billing analysis d. pre~arat£on of report Quality control 1. Mee~ with staff ~o discuss report (includes travel) Attend hearings or workshops, if needed Prepare revisions and issue final report Adminietratlve Senior Director senior senior Manager Senior Manager DirectOr Director Director Director Senior 5 2 10 2 2 20 2 4 2 8 8 10 Ou~-of-pocke~ Total f,\93\30\30100\Sebastian NO 'd $200 $ SO $2OO Total $ 1,400 160 2OO 5200 $ 20o S 80 $ 8o $ 3,200 $ 3,20 $ B0 $200 $ S0 $ 80 $100 $ 80 $100 $200 $~00 $200 $200 $ S0 $ 4O0 $ 400 $ 800 $ 16o $ 200 $1,600 2OO $ 1,$00 $ 1,600 $ 800 $ 650 $ soo SiS. 59O B1 : P I Q3M $6-9 -AVPI RACHLIN & COHEN Overview of the Firm I Founded in 1955 by Norman S, Rachlin, the rum has grown through internal expansion and a series of mergers. The major expansion occurrc~ o~ Januar~ 1. 1976 with th~ merger of two large independent local rums, Rachlin & Company and Stanley L. Cohen & Company. Through progressive managemem, Rachlin & Cohen has established itself as one of Florida's leading indep~rutcnt CPA rums, Wc have offices in Dadc and Browsrd counties with s~affs comparablc in sizc to local offices of national and in~matio~l firms. Wc combine fl~e frequent personal contact associated with smaller firms and the sophisdcated professional resources of the national accounting rums, Our clientele is varied, ranging from individuals to family-owned businesses to publicly held corporations. The firm provides consulting services to reguiatexl industries, including water and wastewater systems, natural and propane gas companies, electric utilities and cable television rystm~. We represent investor and municipally-owned systems and regulatory agencies in the rate application process, a~sist with financial planning and conduct a widc range of studies on behalf of our clients. These studies are useful for such purposes as rate proceedings, acquisitions, gift and estate tax matters, financing and eminent domain proceedings. Financial planning services cover such topics as rate policy and rate structure. Rachlin & Cohen assists in determining the cost of providing s~rvices, analyzcs costs of capital and rates of return, and performs a number of valuation studies. Valuation studies may involve incomc projections, service area growth projections, or cuswmer-type analyses, RacMin & Cohcn's municipal finance professionals work closely with local governments, quasi-public bodies and special taxing authorities which are preparing to issue tax-exempt securities for various projects. When involved in bond issues, we work closely with Bond Counsel and Investment Bankers. Whether thc funds arc used to bLfikl new water and wast~vat~ systems, improve drainage, develop reuse systems or enhan~ ~ environrnc~x, the rum assi~ tt~se a~ncies and munici~itics in identifying thc appropriate sources of cash flow to support their borrowing requirements, Rachlin &Cohen Team Member Lisa A, Laync - Director Phone: (305) 667-0412 Rachlin & Cohen FAX: (305) 665-7456 1320 South Dixie Highway, Peathous¢ Coral Gables, Florida 33146 II IIIIII Il,mil SoecJal Services Our fu'm provides consulting services to a variety of businesses, including regulated industries such as water, wastcwater and stormwater utilities, recycling and solid waste systems, electric utilities, cable television systems and others. We r~prcsent private and municipally-owned systems and r~gulatory agencies in l~rformance of rate and feasibility studies, assist with financial planning and conduct a wide range of studies, including operational and tuanag~ reviews on behalf of our clients. These studies are useful for such purposes as ram proceedings, devcloptu~nt of stormwater utilities or rate design for reclaimed water, acquisitions, financing, including bond issues, and eminent domain proceedings. We ar~ called upon frequently to evaluate the ncexl for revenu~ adjustments in preparation for rate proceedings or for the fiscal budgetary process of a municipality. Additionally, our staff proparcs cxtfibits, testimony and public workshop materials for presentation. We assist legal counsel in performing due diligence, thc preparation of interrogatories, analyzing the testimony of others, p~zparing rebuttal mstimony, developing strategies for cross-examination of wi~ and reviewing proposed orders. Rachlin and Cohen professionals have provided expert testimony at rate hearings in various states, including Florida, New York, New Jersey, Delaware and New Mexico. Our financial plamfing services cover such topics as rate policy and rate structure, debt/equity analysis, suggestions for alternative methods of financing. We assist in determining the cost of providing service, analyze costs of capital, cash flow analysis, rates of r~turn and perform a number of valuation studies. Valuation studies may involve Income projections, growth projections, or customer-mix analyses. We also actively participate in negotiatlom when our clients purchase or sell utility systems. Munic~p~ Finance Rachlin & Cohen's municipal fmars~ professionals work closely with loc. al governments, quasi-public bodies, special taxing districts which are proparing to issue tax-exempt securities for a variety of projects. Whether the funds are used to conslxuet new or expand existing water and wastewater systems, improve drainage, develop rex~se programs or to eahance the environment, our firm assists these agencies and municipalities in identifying tl~ appropriat~ source of cash flow to support their Sl~Cific borrowing guidelines. Our assignments are diverse. In one instance, we performed a varleW of services for a South Florida municipality which purchased a series of utility syste, ras. A director of our fu-m chaired the committee assigned to evaluate investment banking candidates for a proposed bond issue, The funds wcrc necessary to f'mance utility improvements and res~ucture outstanding debt. We also advise numerous municipalities on specific utility systetu purchases and conduct rate analysis for them. 90'8 6P:PI ....... of Recent Rachlin & Cohen Projects_ Martin County, Florida Reference: Mr. Bob Pontck, Martin County Utilities Utilities Director 600 N.W. Jensen Beach Boulevard (407) 221-1442 Jenzen Beach, Florida 34958 Wal¢r ~nd Wastewater Rate and Impact Fees Study City of Hollywood, Florida 9-600 Hollywood Boulevard Hollywood, Florida 33302 Reference: Water and Wastewater Rate Study Evaluation and Updating of Wastewater Large User Agreements Prepared Language for Draft Ordinances Water Comervation Rates City of Dania, Florida 100 West Dania Beach Boulevard Danla. Plorida 33004 Reference: Mr. Sam Finz Assistant City M,,-~,ger and Acting Director of Utilities (305) 921-~301 Mr. Robert Flafley, City Manager (305) 921-8700 Ext. 201 Water and Sewer Rate Studies Conservation Rates City of North Mt-mt Beach, Florida 17011 N.B. 19th Avenue North Miami Beach, Florida 33162-319~, Reference: Mr. Michael Roberto, City Manager (302) Water and Sewer Rate Studies Budget and EDP Review Village of Golf, Florida 21 Country Road Village of Golf, Florida 33436 Reference: Mx. lohn Mosher, Village Manage~ (407) 7320236 Annual Review of Rate Adequacy Rate Differential Analy$i~ for Inside and Outside City Limits St. Lude County Water & Sewer Authority 2300 Virginia Avenue, Room :200 Ft. Pierce, Florida 34982 Rachlin & Cohen functions as the Authority's staff in analyzing rate recommendations, etc. St. Lucie County, Florida Charlotte County, Florida Reference: Mr. Joseph Primerano, Chairman (407) 468-1773 applications, testimony, staff Herbert Gildan, Esq. (407) 471-~500 Due diligence in thc General Developmem Utilities condernnation proceedings, including verification of operating revenues and expenses. Biblioeraphv of Rachlin & Cohen Proiect~ Beauclerc Utilities Company 8729 Old Kings Road South Jacksonville, Florida 32217 Water and Wastewater Rate Study Water and Wast~water Price Indexing Application Florida Public Service Commission Division of Water and Wastewater 101 East Gaines Street Tallahassee, Florida 32399 Reference: Mr. Philip Selbcr, President (9O4) ~58-7000 Reference: Mr, ~ohn Williams, Chief Bu~u of Cerfifiration (904) 488-8482 60 '~ Position Education Professional history Experience Professional and clvlc affiliation LISA A. LAYNE Director Director, Consulting and Special Services Department B.S., Accounting, University of Florida; Masters of Taxation, Florida International University Rachlin & Cohen, Joined firm July, 1979 Dale Blocher, CPA. College intern Mrs. Layne has had experience in auditing various industrles~ inCluding governments, water, wastewater and gas utilities and cabl~ television operations; cost of service and rate development for municipal and investor-owned systems. Member, Florida Institute of Certified Public Accountants Member, American Institute of Certified Public Accountants Committee Member, FICPA State and Local Government Account- lng Conference {1992-93, 1989-90, 1987-88, 1984-$5) President and Board Member, Children's Resource Fund, Inc. Who's Who of American Woman Who's Who of Successful Florida Businesswomen Who;s Who in Accounting I , I I I I I I I I I I I I I I I I I I Position Education 'Profes$1onsl history Experience Professional and civic affiliation O! '4 CARA L. PASQUALE Mensger Manager, Consulting and Special Services Department B.A., Sociology, University of Miami M.B.A., Business Management, University of Miami Rachlin & Cohen, 1990 to Present General Development Utilities, Regulatory Analyst, 1983-1989 Rechlin & Cohen, 1980-1991 Dade County Citizen Services, 1979-1980 Mrs. Pasquale has bed experience in cost of service and rate development for municipal and investor-owned systems, Including county end city governments, water, wastewater and g~ utilities. Additionally, she participates Jn engagements relating to operations auditing and development of business plans for Firm clients. Member, Davie-Cooper City Chamber of Commerce, Business Advisory Commi~ee Position Education Professional history Exparienoe Professional and 'Civic affiliation TIMOTHY P. McCLOSKEY Senior ' Senior, Consulting and Special Services Department B.S., Accounting, Long Island Unlversity C.W. Post Campus. Greenvale, New York Rachlln & Cohen, December, 1992 to Present Long Island Lighting Company, 1991.1992 Goldstein, Golub, Kessler and Company, P.C., 1988-1991 Mr. McCIoskey has had experience in auditing various Inclustries, ihcluding not for profit, manufacturing and real estate coopera- tives: accounting and tax experience Including preparing rate case schedules and publlc service commlsslon pages for year-and annual report for electric and gas utilities. Browerd County League of Cities H. iRTMAN & INC. May 27, 1993 HAl/~92-023.11 Mr. Robert $. McClary City Manager City of Sebastian 1225 Main Street ]Post Office Box 780127 Sebastian, Florida 32978-0127 l~roposal for Ra2 Review Services in Response to the Rate Application of Geme. ral Development Utilities, Inc. for the Sebastian Highlands Division Dear Mr. McClaty: I-Iaxtman and Associatm, Inc. (II. AD isto this to review pleased present proposal provide services in response to General Development Ufiliti~, Inc.'s application for incro_a~ed water and wastewater monthly rates, service availability charges and carrying cost recovery charges for their Sebastian Division. These services will include the I-l. ighlands accounting, utility management and rate design aspects of this rate application. I-IAI is urfiquely qualified to provide these services due to its mix of professional staff and their experti~ to assist in this review. The project team assembled for this rate review eon_~ists of professional engineers, ce~fie, d public accountants, Ivl~As and people with a wealth of experience in utility management, regulation and rate design. HA1 and specifically this project team, has had recent previous experience in reviewing the engineering and financial data of various 13DU divisions in rate applications before the FP$C. Thc project team assembled for this rate r~vicw will consist of the following persons: 2. 3. 4. 5. 6. Ge~d C. Hartman, P.E, Harold E. Schmidt, P.E. Robert I. Off, C.P.A. Anthony A. Reeves Charles M. Bliss, B.I, Richard C. Copeland, M.B.A. Thc resumes of these five members of the project team are attached to this propor~al for your review. In addition, HAl will utilize the resources of the over 53 other professional personnel at HAl familiar with the various aspects of properly pe, t-fom0_ug a ram review. This r~te review will include a comprehensive exam/nation of all of the various aspects of a rate application including a through analysis of the cost of providing service. This cost of 201 F.A.qT PINE. $TRF. Z~ · SUITE 1000 · O~, FL 32801 TF. LEPHONE (407) 839-3955 · FAX (407) 839-3790 /,..~ ~ ORLANDO JACKSONVILLE TALLAHA~SEE l~][~C:]l~il~,~j~. JAMlrq £. CHRiST01aHI~R. CHARI.F.$ ~Y/. DII. M(.I~ ' GgRALD C, I'tAII,~ · MARK 1, LUKE · ~ A. RYNN'ING · HAROLD F.. ~*,~2HMID'£ JR, Mr. Robert $. McClary May 27, 1993 Page 2 service analysis will include a functional analysis of thc assets, documentation of rate base and ~xpenses and determination of thc revenue requirements. In addition, the analysis will/nclude a review of the design of the monthly raW.l and determination of the appropriate level for thc various one time charges that the utility is authorized to recover fwm its customers. This rate review process will culminate in a written recommendation by HAl to the City of Sebastian and a public hearing conc, eming the various issues raised during the rate revi~. We have broken down thc ram review into thc following task and activities w be completed by HAI. There are many other activities that GDU and other possible inmrvenors will incur and other minor activities that the City will need to pedorm. Task 1 Review Atr~lication - This task will include reviewing the minimum filing requirements flied by GDU. In addition, it is necessary to review all the records and data associated with the previous rag applications. We will review all the applicable City Ordinances associated with the rate application process and State and local regulations concerning utility operations. This revk'w process will be followed up by a memorandum concerning compliance with the various requirements. Task 2 Meet with City Officials - Discussions with City Officials conomfing hisWr7 of utility rate applications, preliminary list of issues, review list of requested documents and data. Discuss rate application process and methodologies to be implemented by the City. Send data request and audit schedule to utility along with compliance with ~e minimum flung requirements. Task 3 ~ - Audit to be performed at utility office in Sebastian. if .records maintained in Miami, then utility to pay added expense. Review of additions to utility plant in service since last rat~ ca.~. Ch~ck documentation of aU additions along with CIAC (cash and property) additions and computation of accumulated depz~ciation and amor~ation of CIAC. Determination of used and useful facilities and adjustments to utility plant in service, accumulated depreciation, CIAC (if any) and amortization of CIAC for non-used and useful plant. Review of revenues and O&M expenses to determine if reflective of normal occurrences. Make adjustment to expenses due to non-reoc¢~ng nature. Analysis of allocations of total company utility plant in service and total company expenses allocated for the Sebastian Highlands Division. Benchmark analysis of expenses compared to authorized exl~nse..s in previous rate proce~ings. Roriew of capital structure of utility and inclusion of "z~ro cost" of capital items. Review of income taxes and other taxes paid. Analysis of service availability charges and carrying cost recovery charges. Mr. Robert S. McCIary May 27, 15}5}3 Page 3 T~k ~ issues Determination ~ Review of data and analysis of information coll~cmd during the field audit. Determination of specific list of issues and possible effects upon revenue requirements and rates and charges. Preparation of positions on issues. Task Draft Recommendation - Combined statement of ~11 re~tive issues of ali parties involved. CompiI~tion of position of all parties concerning the issues. Preparation of a draft recommendation concerning all relative issues with position of parties and analysis of thc factual data. Task 6 Final Recommendation - Review of draft recommendation with City Officials (staff level) to determine input. Preparation of revisions to draft recommendation and submission of a final recommendation to City Council Members. Task 7 ]~i.cJli.~ilg - HAl will review the Notice of Hearing to be sent to the utility customers and noticed in thc newspaper by GDU. HAl will be present to listen and perhaps ask questions of the customers present at the public heating. HAl will provide expert witness testimony concerning thc recommendation prepared by HA1 and be available for cross examination by the parties. Task $ Draft Final Order - HAl will be involved in preparing the draft final order based upon the analysis of the testimony of the parties and customers, in addition, HAl will assist in preparation of a summarization of thc issues and positions based upon modifications that occurred at thc hearing. Task 9 ~ - HAl will meet with City Officials to review the draft final order, We will then make any revisions neces~ and prepare the final order for approval by the City Council. HAI is prepared to complete this rate review in an expeditious manner pursuant to the requirements of the City of Sebastian Ordinances, but also to make the modifications necessary to the schedule in order to perform a through analysis of the issues and allow sufficient time for discovery by all parties involved. The HAl project team is v~ry knowledgeable in the far, making process and will be able to assure you of a successful rate application review. The attached table indicates a breakdown of the project team and the work effort involved with the various team members for the various task and activities described above. Our up-set limit fee for this rate review is ~stimated not to exceed $25,940. ~. ~ob~ S. Mc~ B May 27, 1993 ' I P~e 4 i ~ you for yo~ mn~idemflon of thi~ pmpo~ md if you have ~y qu~fion~ or mmm~t~ ~ mn~g ~, pm~, p~ do not h~ m ~. ~ you ~ M~ ~e mn~fion~ of ~i~ pr~, pl~ ~ ~d ~e both ofi~n~ ~d mmm one ofig~ m o~ offi~. ~ V~ rely yom~, Witness Withes Pre, dent City of Sebastian, Florida Witness Wimess AllthoI/z~ $ig~a~tum Date GCH/ch/P 11/McClary.'gch Attachment I I. I I I I i I I I I I I I I I I I ~ UU[/UU[ I , i I I I I I I I I I I I i I I HARTMAN b ASSOC S, iNC. en~, hydrogeologtsts, surveyors & management consultants May 27, 1993 HAI ~D2-023.11 City Manager City of Sebastian P.O. l~x 780127 Sebastian, FL 32978 Subject: Review of C, euend Development Utilities, Inc. Rate Dear Robb: As you know, pursuant to Chapter 102 of the City Code, the City of Sebastian has fig regulatory authority to review the rate filing which has gcently been submitted by General Development Utilities, Inc. (GDU). As you know, the review of the rate ~ing mm be a very complex task ranging from thc ex~gin~g analyses such az the usefulness of assets to development of thc financial projections to the deg~ of utility ~ates. As a result of these comple~es and due to the limited time which the City has to revi~v the rate filing of GDU, we would like to the City to consider Haxtman & Associates, Inc. (HA1) in its redcw of the i HAI has extemive experience in performing financial, accounting, and engineering reviews of utiIRy ra~ for both investor-owner and publicly-owned utilities. Not only have we reviewed rate cases and provided expert testimony before a regulatory authorities on such cases, but the i members of our staff have worked with the Florida Public Se~wice Commission (FPSC) and know the detailed requirements with respect to thc filing of rate cases and the rules and ratemaking practices involvcd with such filings. In fact, several members of our firm are I involved on the committm which is currently re-writing the mtema~g rules and regulations for the Fl'SC for consideration by the Commission Board Members. To provide you an ~n of the experience of our project team as it relat~ to private utility rate e. xpetim~, i we have prepared a utility rate case project experience table for your consideration. This table has been prepared for the various project team raeanbcrs and includes the utility name, the case, and area of expertise involved in the analyses for the ..~te filings. As you can see on the I enclosed table, we fceI that we have the necessary cxpcrUse required to meet the rate case 201 EAST PINE STREET · SUITE 1000 * OR.LANDO, FL 52801 '~-LE~HONI~ (407) 859-5955 · FAX (4o7) 859.5790 ~ ORLANDO J^K3C-cONVII-LE TALI_AHASSEE JAMES E. CHRISTOPHER * CHARLES W. DRAKE · GERALD C. RARTMA~ · biARK 1. L~ · ~ A. R~NG · ~O~ E. ~ 05/27/93 16:58 ~'407 839 3790 liART'~ AS$0C ~003/008 May 2?, 19~ Page 2 Once you've had a chance to review the enclosed table or if you have any questions with regards to om' experience, plea~ do not hesitate to give us call Very truly yours, Harmum & Assoe. istes~ 1Vmnager of Rates & Finan~ (3~ C. Haitman, P.E., HAl Chuck Bliss, HA1 ~,.~O/~l/C-6/McC..lary.g o I I. I I I I I , i , ! ! i I I I I 1 . I I i I I I I i I I I I I I I i I I. I I I I I 'i I I~IUU'~/UU~S I I I Ii ,.J. CHARLE.~ GRAY RICHARD M, ROBINSON PHILLIP R. I~'INCH WILLIA~ A. BOYL~ LEO F. ROCK, CHA~E~ W. ~ELL GUY 5. HAGGARD ~R~DERICK W. LEONHARDT ~A2~RI$ & PROI~EB~IONAL A~,SOCIATIO N ATTORNEYS AT LAW SUITE 1200 20~ EAST PiNE STRF'£T PO.~T OF'FICE BOX 306B TELEPHON£ (40?) tAX (,~o7) aN-SSBO 50~, NORTH ORLANDO AVENUE COCO.&- B~-.AC~, ~ 3~93~*0751 T~LEPHONE (a07) WRITER'S DIRECT ~IAL PLEASE REPLY TO: THOMAS C, BHAW PAUL B. OUINN, JR, DAVID L. SCHICK ~ACK K. McMULLEN TRACY A, BORGERT MICHAEl K. WILBON LILA INGATE MCHENRY KENT l. HIPP HICHAEL E. NEUKAMM ROBERt L. BeAL~ DP COUNSEL Orlando May 27, 1993 Robb McClary, City Manager CITY OF SEBASTIAN Post Office Box 780127 Sebastian, Florida 32978-0127 Re.- Proposal for Legal Services for Water and Sewer Rate Case Dear Mr. McClary: It is my understanding that General Development Utilities, Inc., has filed or is about to file a rate case application for water and sewer increase in the City of Sebastian. We would be pleased to provide you legal services in this matter and advice to the City on the same per hour basis as our prior work for the City, and the same terms and conditions as our original fee letter proposal with respect to costs. I would estimate that our legal services would not exceed $20,000 for both fees and costs, unless this matter is appealed beyond the decision of the City Council. If this proposal meets with your approval, please submit this to the City Council for approval and execution. Please G~Y, HARRIS ~ ]~OB~'lgSON PROFE~.~IONA L A.~,~ OC IATI O N Robb McClary, City Manager May 27, 1993 Page 2 execute one of the enclosed originals and return to us in the enclosed pre-addressed envelop for our records. ACCEPTED BY: GRAY, HARRIS & ROBINSON, jP~-Aw omas' . Cloud', EsqUire CITY OF SEBASTIAN By: Dated: 1kd: 40107-1:DI202.11~r: 05/27/93 :O City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA FORM SUBJECT Fourth of July Request Street Closings APPROVED FOR SUBMITTAL BY: city Manager: Agenda No. 93.015 Dept. Origin City Clerk,'0 Date Submitted 5/28[93 For Agenda Of 6/2/93 Exhibits: Malek Letter dated 5/13/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: The Fourth of July Committee is requesting that certain city streets be closed on July 3 and 4, 1993 for the holiday celebration. A meeting was conducted with members of Indian River County Traffic Control and Sheriff's Department, and the City of Sebastian Police Department and Public Works Department. All parties are in agreement with the requested closing. The City Clerk's office has already reserved the Yacht Club for the celebration as requested in the letter. RECOMMENDED ACTION Move to approve the request to close certain streets for the Fourth of July celebration as indicated in John Malek's letter dated May 13, 1993. OF JU/,Y May 13, 1993 Sebastian City Council 1225 Main Street Sebastian, Fi 32958 Subj: 4th of July Road Closurers Dear Council Members: This letter is to advise of our request and your approval to close the following roads at the times designated for the rapidly approaching 4th of July celebration: f(1) Cleveland St., July 3, 93 7:00 AM to 11:00 (2) Coolidge St., July 3, 93 7:00 AM to 11:00 (3} Fellsmere Road July 3, 93 July 4, 94 7:00 AM to MIDNIGHT · 12:01 AM to 6:00 PM (4) Harrison St, July 3, 93 July 4, 93 (5) ~'S~bast~'an yacht' Club ' July .3, 93 ~-~ (6) Sebastian Comm Cfr' . July 3. 93', 7:00 AM to Midnight ~ 12:01 AM to 6:00 PM 6:30.AM to.,~%i:00'AM m 8:00 AM t°. NOON" Your time and consideration in this matter is appreciated, and I we look forward to hearing from you in the near future. · ! cc: Chief Petty I Robb McClary 484 U.S. Hwy. #1 · Sebastian, Florida 32958 · (407) 589-9991 I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: REVIEW REQUEST OF CARL JULIAN FOR SPECIAL USE PERMIT FOR BURNING AND RECYCLING CENTER Approval for Submittal By: City Manager ~~ Dept. Origin: Community Development Date Submitted: For Agenda Of: Exhibits: 1. 5/27/93 (BC,~ 6/02/93 Special Use Permit Application with documents EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT PROPOSAL - The applicant is proposing a recycling, mulching and burn center similar to the one granted by City Council (R-92-33) for Dr. Henry A.Fischer. The proposed facility would accommodate the owner's future development (landclearing) and would also allow other contractors to bring in debris. LOCATION - The applicant would utilize the northern portion of the PUD property as depicted on their map (Area A). The actual location would be mobile in order to relocate due to pending development. The applicant will provide a minimum of a 300 foot buffer from any joining property line and no location shall interfere with the existing habitat for the scrub jay. TRAFFIC - Ail traffic would be routed through Roseland via Gibson Street. This roadway is designated as a major collector and will eventually become a major parallel reliever for U.S. #1. The immediate area to the north, along Gibson Street, is zoned Industrial. The owner would build a temporary roadway (not paved) from the south end of the existing Gibson Street roadway (existing barricade) in order to gain access to their property. The owner would be required to maintain this portion of the roadway. Page 2 STORAGE OF DEBRIS - One concern that staff would have in regards with this type of use is the restriction on the amount of debris that can be stocked piled for this project. Although when reviewing Dr. Fischer's project this was not specifically addressed, Dr. Fischer's site plan did indicate a limited area for his mulching and burn facility. Therefore, a 60 day maximum stock pile is suggested as a condition of approval. COMPATIBILITY WITH AIRPORT - The applicant is proposing to Utilize an air curtain incinerator for part of this project along with a mulching machine. The applicant needs to be place on notice and appropriate conditions must be in place to ensure that if this operation would ever emit enough smoke to create a hazard to aviation traffic, the operation would be required to shut down and the permit be revoked. The applicant is requesting discussion from the City Council at the workshop meeting regarding this matter in order to determine the feasibility and appropriate conditions for approval. If the City Council concurs with the conditions of approval, staff would request a public hearing to be set June 23, 1993. RECOMMENDED ACTION Review the request of Carl Julian for a special use permit. Peter W. Jones, P.A. 1627 U.S, Highway One Sebasl:lan, Florida 3~958 407/388-1983 407/589-6165 FAX IDEVELOPMENT PLANNING ARCHITECTURE I URBAN DESIGN 26 May 1993 Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, Florida 32958 SAINT SEBASTIAN PLANNED UNiT DEVELOPMENT . APPLICATION FOR SPECIAL USE PERMIT Dear Bruce, Attached is a copy of the subject application which was submitted to you earlier today with a check in the amount of $150 as specified. Also attached is a drawing showing the Parcel(s) of land to be affected in this matter. Further to this formal' application and our pre- application discussions, this is to clarify and confirm this application seeks City Council approval for a special use permit pursuant to Section 20A~2.6 of the City's Land Development Code to conduct recycling, mulching, chipping, and controlled burning of land .clearing debris on two (2) separate parcels totaling approximately 50 acres (more or less) out of a total of 312 acres within the boundaries of the subject project. Parcel A on the attached drawing would be used to accept, stockpile, and carry out the required recycling, mulching, chipping, and controlled burning (with an approved air-curtain incinerator) of land clearing debris from both onsite and offsite. Parcel B would be used to accept, stockpile, and carry out the same required operations for debris from onsite only. As discussed, the subject operations will be established and carried out under the permitting and operational guidelines and regulations of DER, State Forestry Division, and the various specific conditions imposed and enforced by the City of Sebastian. Peter W. Jones, P.A. SAINT SEBASTIAN P.U.D. . SPECIAL USE PERMIT APPLICATION 26 MAY 93 2/3 Also, as discussed, we herewith confirm our position regarding the following items: l) 2) 3) 4) 5) 6) The requested permit is a reasonable and necessary element of our plan to develop the subject property 'and is 'consistent and compatible with all design and regulatory guidelines affecting the 'project, including recent State mandate(s) regarding such operations. The granting of the requested permit will not be detrimental to the public safety, health, or welfare or be injurious to other properties or improvements within the immediate vicinity. Failure to obtain 'the requested permit will work a definite and substantial financial hardship on the development of the project, requiring excessive costs to be incurred .for the hauling and disposal of land clearing debris to other more distant and expensive disposal sites. The use requested is consistent with the purpose and intent of the stated land use, zoning, and development characterization of the subject project, and is similar in nature to other uses now permitted on similar projects within the City. Specifically, we have n© plan or intent to harm or impose any undue hardship effect regarding special environmental concerns, airport operations, or levels of service on local roads, and we will agree to follow any reasonable conditions imposed to protect such concerns. We agree that various rules and regulations regarding size and extent of stockpiles, visible emissions, hazardous waste, and hours of operation are reasonable and necessary conditions of such a permit and we will agree to follow any such reasonable condtions imposed. Peter W. Jones, P.A. SAINT SEBASTIAN P.U.D. . SPECIAL USE PERMIT APPLICATION 26 MAY 93 3/3 In view of the above, we therefore respectfully request that City Council grant the subject special use permit pursuant to Section 20A-2.6 of the City's Land Development Code, and that such permit become effective as soon as granted (subject to compliance with any further required regulatory conditions and/or approvals) and remain effective for the duration of the ongoing development of the Saint Sebastian P.U.D. project. We will be pleased to meet with you further at any time to answer and address any further questions or concerns you may have regarding this application. Respectfully submitted on behalf of, SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT Peter W. Jones Project Planner Attachments · l'~'.:¥; ~ .h~ "' In acCO=da~O~ W~b Section 20A-2.6. ~8~ Developmen~ C~y Cou,c~l may, ~, ~s sole d~scre~on, g~a,~ a spec~.~e zoning regulations. All such us~s shall no~ be otherwise ............ illegal, ~.d shall ~ot be specifically p~ohibt~ed ~rsuan~ comprehensive plan oz othe~ applicable la~:o~ regulations. The City Council shall no~ 9~an~ any special use pezml~ under this section, unless it shall make findings based upon 2he evidence presen2ed ~o 12 in each case ~hatt 1) The 9ranting o~ the per~i~ ~11 no~ be detrimental ~o the ~blic saEety, health o~ ~elfare or be injurious to o[ber properties or improvements ~l[hin tbs vicinity in ~hioh ~he property ts located~ and 2) Tbs use requeste~ Is consis~en~ ~l~h ~he purpose inten~ of the respec~ive dis~rict, and can be demonstrate6 ~o be si~ila~ tn nature anti compatible the uses allo~ed In such die,riot. The lee iora special use per~i~ is $1B0 (es~ablished by Resolution No. R-8~-09). In addition ~he applicant mus~ provide the Cl~y Clerk's o~flce vita a list of the ~u~roun~l~9 property o~ne.rs ~ithtn a 200' ra6ius o[ the subject proper~y alonq the ~ppropriate ~er~ifl~ return receipt mailing fee $2.29 for U.S. mallin9). APP'.ICAt~T ~.on. ii ~ Z~o7. .9.qo :,,$0oo ADDRESS OF SUBJECT PROPI~.RTYi ~^t.~ ~ LEGAl. DP. SCRIPTION OF SUSJgCT PROPI~RTYt ~ONZN~ OF SUBJECT PROPER~{"Z{ · THE BUILDING OFFICIAl, MAY RI~0UIRI~ ADDITIONAL BACKUP INFORMATION FOR CERTAIN RROUESTS bi specuse, epp Date i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: OPERATIONAL STATUS OF THE COMMUNITY DEVELOPMENT DEPARTMENT Approval for Submittal By: City Manager ~ ~ Agenda Number: ~, / ~ Dept. Origin: ~Dmmunity D~yelopment (BC)~ Date Submitted: 5/27/93 For Agenda Of: 6/02/93 Exhibits: 1. Memo from Bruce Cooper dated 5/27/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Manager has requested each department head to provide an operational status of their respective department for the City Council's information. This outline provides information on the department's accomplishments, objectives and goals. No action required. RECOMMENDED ACTION DATE: TO: FROM: SUBJECT: City of Sebastian I POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM May 27, 1993 Robert S. McClary City Manager Bruce Cooper ~ Director of Community Developmen Operational Status of Community Development The purpose of this memo is to outline the major activities that this department has accomplished and to outline my department's goals and objectives for the immediate future. ACCOMPLISHMENTS Hardee Park - The City has completed the planting of 288 trees at Lake Hardee Park in cooperation with a tree grant with the State of Florida. The Division of Forestry has certified the completed work and the City has received our match of $20,000.00 from the State. All trees have been properly mulched and fertilized with a deep root feeding system. The Public Works Department will be responsible for maintaining the trees and have guidelines from the vendors regarding proper maintenance of their particular trees. The trees are guaranteed for 1 year. Sign Ordinance - A sign survey has been completed of all commercial properties identifying existing .signs and their size and type. The sign ordinance draft has been viewed by both the Planning and Zoning Commission and City Council and should be forwarded from the City Attorney's office to the City Council for first reading in June. Tree Ordinance - After many drafts and working with the citizens, Planning and Zoning and City Council, staff received direction from the City Council to incorporate a new tree protection ordinance. Ordinance O-93-01 - This extensive ordinance was approved by City Council which staff incorporated past interpretations of the code and eliminated ambiguities that have been brought to our attention. Traffic Circulation Plan - Staff completed an extensive amount of data collecting for the completion of the City's traffic circulation study being finalized by Kimley-Horn and Associates. This data is being utilized to project certain scenarios for future needs of the City. Police Tower - Staff presented alternatives to City Council regarding freestanding and guy wire types of towers for the Police Station which, the City Council agreed to construct the 150 foot freestanding tower. There was no bid or bid documents regarding this purchase and prior to the issuance of a building permit, several questions were raised by myself. Contractor Licensing was one issue that Communications International had to deal with and they also had to hire two independent engineers to design the footing and foundation for the tower and to certify that the tower met minimum wind speeds for this region. Staff worked closely with the engineer of record for the footing and foundation to ensure that the construction techniques meet the minimum specifications as designed by the engineer. Golf Course Pro Shop Renovation - The Golf Course Pro Shop and hall way corridor renovation was completed with little inconvenience to the golfers. Zoning Technician - The hiring of the Zoning Technician was completed in-house and other positions were upgraded to complement our staffing needs. Contractor Licensing - I am proud to say that I have taken a strong position on enforcement of contractor licensing within the City of Sebastian and have worked with other communities to develop a standard procedure to try to combat the unlicensed contractor. For the calendar year of 1992, staff prosecuted 54 individuals or companies and had 32 convictions. A total of $10,775.00 in fines were levied and the City collected $7,425.00 of those fines. Building Permits - In the last year the Building Department issued 2,498 permits with a total valuation of $21,826,611.45. Code Enforcement - For the last year Code Enforcement has received 1,540 complaints and completed and closed out 1,445 complaints. OBJECTIVES Department Head - TO provide an open door policy for all individuals wishing information or advice. - To keep all personnel trained and educated with the most up-to-date information and techniques available to the department. - To ensure good morale of staff, which is essential to ensure team work and a positive outlook on assigned tasks. Building Department - To provide courteous customer relation with the general public and contractors. - The efficient and prompt issuance of permit. Conduct adequate inspections and review of permits. Code Enforcement - To provide enforcement of the code with firmness, tack and impartiality. - Education of the general citizenry of our codes. Contractor Licensing - To safeguard the life, health, property and public welfare of its citizens, the business of construction and home improvements is a matter affecting the public interest, and any person engaging in such business shall be required to establish their competency and qualifications. GOALS Records Storage - The completion of our addition for storage of our files should be completed within the next 30 days. Staff will have a great task in accomplishing the relocation of all our files into the new mobile file system and categorize and implement a cross reference of all files. Library - Within the mobile filing system, I wish to categorize all books, pamphlets, manuals and technical codes that the department has in order for a quick retrieval. Also, I plan to develop a video library for training sessions for individual staff. U.S. #1 Medians Landscaping - Working with Brad Smith to finalize landscape plans and have submitted to Florida D.O.T. for permits. Public Works crew have also placed some conduits in strategic areas. Waterway Ordinance - City Council directed the City Attorney to draft an ordinance based on staff's recommendations. Indian River County Recycling Igloos placement of recycling igloos. - Reviewing sites for Update Ordinance on Flood Protection - Reviewing changes regarding D.C.A.'s response to update our ordinance. Sidewalks for indian River Drive - Need to develop specifications for bid. Update I.R.C. Commercial/Industrial Data request from Indian River County to update book. Source - Receive their data source Seawall Ordinance - Need to develop draft for maintenance and to include seawalls outside of property. Animal Ordinance - Need to rework draft to send to Charlie in order to prepare an ordinance. iMMEDIATE PRIORITIES City Hall Windows - Finalize specifications and bidding documents for replacement windows and storm shutters for City Hall. Sebastian Lakes PUD - Finalize a development agreement with Chase Manhattan. Finalize report regarding possible updates or procedures for building codes regarding the outcome of Hurricane Andrew. Tree Protection Ordinance - Need to rewrite the Protection Ordinance based on City Council's direction. Tree Sign Ordinance - Waiting for ordinance draft from City Attorney to establish first reading. Police Station HVAC Problems - Waiting for Dr. Rhodes regarding his contamination implementation to rectify any problems. the report from accessment and T.V. in Council Chamber - Purchased VCR, need to purchase additional T.V. monitor for City Council Chambers. Rhodes Land Use Amendment - Need to establish meeting with D.C.A. to resolve their letter of non-compliance. Rezoning of Riverfront - Have completed property owners list and abutters list and need to start process for public hearings. Reviewed new district with P & Z and had developed the permitted and conditional uses within the district. Interlocal Agreement with Indian River County (Airport Zoning) - Received Interlocal Agreement which needs to be placed on City Council's agenda for ratification. Church on Bob Circle - Received letters from Roger Skillman and neighbor across the street regarding the condition of the church. Have conducted initial inspection and taken pictures and now need to review the City's position in relation to the ordinance. Map for Police Department - Developing a base map for the Police Department to identify landmarks in relation to City limits. Land Use Map - Need to get up-to-date zoning map and land use information for L. Robert Kimbell & Associates to prepare a land use map. BC/gk pendlist.doc I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [~ FAX (407) 589~5570 SUBJECT: DRUG FREE WORKPLACE APPROVED FOR S UBMI~TA~ , City Manager:~~/'~ ~-- Dept. Origin Personnel~~ Date Submitted 5/27/93 For Agenda Of. ..6/03/93 Exhibits: Widmann memo dated May 28, 1993 and · ..Drug .Testing Policy EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Florida has two laws on drug testing. One is part of the Workers' Compensation statute, Section 440.102; the other law, Section 112.0455, applies to public employers, and is called the Drug-Free Workplace Act. By implementing a drug policy, the City will be complying with these two laws, as well as the Federal Drug-Free Workplace Act of 1988. Once this policy is in place, the City may require an employee to submit to a test for the presence of drugs or alcohol, and if a drug or alcohol is found to be present in the employee's system at the prescribed level, the employee may be terminated and shall forfeit his/her eligibility for workers' compensation and other benefits. In addition, it makes good management sense to clearly address the City's intent to maintain a drug-free workplace and let employees know, up-front, what the consequences of their actions may be. This policy outlines the program by which the City's objectives will be met. It specifies and defines the procedures to be used for recognizing drug and alcohol use and the process to be followed in the event action needs to be taken. The attached memo summarizes the City's policy on drug and alcohol use, which by law, must be read and signed by all employees. The Drug Testing Policy will be incorporated into the City's Standard Operating Policies, in a new section, section 20. RECOMMENDED ACT!QN Review the memo and policy. City of Sebastian I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 INTER-OFFICE MEMORANDUM TO: ALL EMPLOYEES DATE: MAY 28, 1993 AND APPLICANTS FROM: ROBERT S. McCLARY RE: CiTY MANAGER DRUG FREE WORKPLACE It is the policy of the City of Sebastian to maintain a work place that is free from the effects of drug and alcohol abuse. This policy is written in compliance with both the Federal and State Drug-Free Workplace Acts, and the Drug-free workplace program requirements under Workers' Compensation, section 440.102 COMMENT The City will not hire alcoholics or drug abusers whose current use of such substances prevents them from performing their jobs or who would constitute a direct threat to the property or safety of others. Whenever applicants for employment are tested for the presence of such substances, they are informed of the test in advance. If an applicant does not want to take this drug test, he/she can withdraw his/her application. Employees are prohibited from the use, sale, dispensing, distribution, possession, or manufacture of illegal drugs and narcotics or alcoholic beverages on city premises or work sites. In addition, employees are prohibited from the off-premises use of alcohol and possession, use or sale of illegal drugs when such activities adversely affect job performance, job safety, or the City's reputation in the community. Employees will be subject to disciplinary action, including and up to termination, for violation of this policy. Employees may be required to take a test at any time as outlined in the applicable collective bargaining agreement or in the city's Standard Operating Procedures. All information relating to an alcohol or drug test is confidential unless written authorization is obtained from the applicant or employee, or the records become the subject of an administrative or judicial proceeding. A list of employee assistance programs and local alcohol and drug rehabilitation programs may be obtained from the Personnel office. PAGE TWO DRUG-FREE During the testing procedure employees/applicants will have an opportunity to report, to the specimen collector, his/her use of prescription or non-prescription medications. The current drug screening test looks at eight drugs: Amphetamines; barbiturates; benzodiazepines, cannabinoids, cocaine, methaqualone, opiates, and phencyclidine. One specimen shall be collected to be used for two (2) drug tests. The initial drug test undergoes an analysis by a sensitive, rapid and reliable immunoassay procedure; the confirmation test uses a second analytical procedure which must be different in scientific principle from the first test. If the results of the second test come back positive, the applicant/employee must notify the laboratory if they intend to file any administrative or civil action as a result of the drug test results. Applicants/employees also have the right to consult with the testing laboratory for technical information regarding prescription and non-prescription medication that may affect the results of the tests. For additional information on the City's policy on Drug and Alcohol Testing, please refer to the Standard Operating Procedures, Section 20, which outlines the policy in more detail. The Drug-free Workplace Act requires employers to provide each employee and applicants with a copy of this policy. Therefore, I am asking that all employees sign both copies and return one copy to the Personnel Department no later than May 21, 1993. Thank you for your cooperation in this matter. With your help and assistance the City of Sebastian will continue to be a safe and drug free work place. Receipt Acknowledged: Employee Signature Date . I I I of custody and I CITY OF SEBASTIAN DRUG TESTING POLICY OBJECTIVE The purpose of this policy is to promote a drug and alcohol free workplace. The following policy outlines the City's procedures concerning drug testing. Such tests will be agreements and with confidentiality. in conformance with applicable standards collective bargaining of care concerning chain DEFINITIONS Alcohol - means ethanol alcohol or any beverage containing more than 1/2 of 1% of alcohol by volume which is capable of use for beverage purposes, either · alone or diluted. Alcohol Testing - means testing for blood alcohol content by a breathalyzer ~ instrument device or drawing or collecting a blood or whole blood sample and laboratory analysis therein. Chain of custody - refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, storing specimens, and reporting of test results. Drug - means alcohol, including distilled spirits, wine, malt beverages and · intoxicating liquors, amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein. Employee - means any person who is compensated through the City payroll for services. Initial Drug Test - means collection of a urine specimen by medical personnel and a laboratory analysis of that specimen by a sensitive, rapid, and reliable immunoassay procedure to identify negative and presumptive positive specimens. Confirmation Test - means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen. The confirmation test must be different in scientific principle from that of the initial test procedure. Job Applicant - for the purpose of pre-employment drug screening, means a person who has applied for a position within the City and has been offered employment conditioned upon successfully passing a drug test. 1 Reasonable Suspicion - means belief that an employee is using or has used drugs in violation of this policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing shall not be required except upon the recommendation of a supervisor or as outlined in the applicable collective bargaining agreement. If the absence of a collective bargaining agreement at least one level of supervision higher than the immediate supervisor must also base his/her conclusion on: Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. Evidence that an individual has tampered with a drug test during his employment with the City. Information that an employee has caused, or contributed to, an accident while at work. Evidence that an employee has used, possessed, sold, solicited or transferred drugs while working or while on the City's premises or while operating the City's vehicles, machinery, or equipment. APPLICANT PROCEDURES AND NOTIFICATION Job vacancy announcements shall include a notice of drug testing for all positions. A notice of the City's drug testing policy will be posted in an appropriate and conspicuous location. Applicants will be notified that if hired, they will be required to submit to an alcohol or other drug testing and as employees, based upon reasonable suspicion as defined in this section of the policy or the appropriate collective bargaining agreement. Refusal of applicants to submit to alcohol or drug testing as a component of the application process will bar the applicant from employment with the city. An applicant whose test results are positive will be rejected for employment for a period of one year. 2 PROCEDURES FOR TESTING EMPLOYEES A supervisor who has reasonable suspicion to question whether an employee has ingested, inhaled or injected a drug or has ingested an alcoholic beverage prior to reporting for, or while on duty shall: -Notify a supervisor in his/her chain of command to request a personal observation and review of specific objective instances of the employee's conduct to confirm that reasonable suspicion exists. The employee may not be subject to testing without the confirmation of reasonable suspicion by a supervisor. -Prohibit the employee from continuing to work;-Transport the employee to a designated site for testing. After testing, arrange for safe transportation to the employee's residence or a place selected by a relative or friend of the employee; -Prepare appropriate documentation and take appropriate disciplinary action; -Encourage the employee to voluntarily consult with a Preferred Provider Organization (PPO) or employee assistance program for counseling, if facts and circumstances warrant. Employees who'experience work-related or personal problems resulting from drug, narcotic, or alcohol abuse or dependency may request, or be required to seek, counseling help. Such counseling is confidential and will not have any influence on performance appraisals. Job performance alone, not the fact that an employee is or has been in counseling, is to be the basis of all performance appraisals. Supervisors are prohibited from demanding or encouraging alcohol or other drug testing without reasonable suspicion. Willful disclosure of test results to persons not involved in the disciplinary procedure may merit appropriate disciplinary and legal action for improper disclosure. The Personnel Department will provide employees, upon request, with a list of names, addresses and phone numbers of employee assistance programs and local alcohol and drug rehabilitation programs. Employees who are abusing drugs or alcohol may be granted a leave of absence to undertake rehabilitation treatment. Employees will not be allowed to return to work until certification is presented to the Personnel Department · that the employee is capable of forming his/her job. Failure to cooperate with an agreed upon treatment plan may result in discipline, up to and including termination. CONSEOUE~ES OF REFUSING TO TAKE DRU~ TEST Refusal by an employee to submit to alcohol or drug testing upon reasonable suspicion will result in discipline, up to and including termination, in accordance with the appropriate collective bargaining agreement policy. and this 'DRUG TESTING PROCEDURES Ail drug testing of employees and applicants shall be conducted at medical facilities or laboratories certified by the College of American Pathologists and approved by the Department of Health and Human Services (HHS) . Chain of Custody procedures shall be consistent with HHS guidelines to - maintain the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition. If an employee or applicant is taking a medical prescription, the employee or applicant must furnish a medical statement from a physician specifying the drug being taken or the physical proof of the prescription. If this statement is submitted in advance of the drug test, positive test results may not be cause for rejection. The following is a list of some of the more common over the counter medications which may affect test results: Antihistamine (Bromfed, Dimetane, Dimetapp, Drixoral, Dramine, Benadryl, Nyquil, Tylenol Nighttime Cold Medicine, Alka-Selzer Plus, Contact, SinuTab, Sine-off, Vicks Formula 44, Sudafed Plus, Tylenol Allergy Sinus, Tylenol Cold Medication, Actifed,*) Cough Suppressant (Benylin DM Cough Formula, Comtrex, Contact Cough Formula, Medi-Flue, Naldecon DX, Novehistine, Nyquil, Robitussin, Sucret Cough Control, Tylenol Cold Medication, Vicks Formula 44,*) Decongestant - Primatene, Bronkaid, Bronkolixir, Acutrim, Allerest, Contact, Dexatrim, Dimetab, Robitussin-CF, Triaminic-DM, Actifed, Allerest, Benadryl, Plus, Nyquil, Robitussin-PE, Sudafed Plus, Tylenol Cold & Flu, Vicks Formula 44-D and 44M, Chlor-Trimetron Decongestant, Sinutab Maximum Strength,*) (*AMA guide to Prescription and Over-the Counter Drugs) The specimen collector shall illicit and record from the employee or applicant all over-the-counter medicines recently taken, or being taken, at the time of the drug test. Positive test results showing prohibited drug or drug metabolite shall not be cause for rejection where there is a legitimate medical explanation for the result as determined by the physician. One (1) specimen shall be collected sufficient for two (2) drug tests as determined by the Department of Health and Rehabilitative Services: Initial Drug Test: If negative, reported negative. If positive, a oonfirmation test shall be conducted. Confirmation test: If negative, report negative, positive with Quantitative Value. If positive, reported 4 7. If the results of the tests are positive, appropriate action shall b~ imposed after the following procedure has been followed: Within five (5) working days after receipt of a positive confirmed test result, the Personnel Director shall notify the employee or job applicant in writing of such positive test result, the consequences of such results, and the options available to the employee or job applicant. Upon request, the Personnel Director shall provide a copy of the test results to the employee or job applicant. Within five (5) working days after receiving notice of a positive confirmed test result, the employee or job applicant may submit information to the Personnel Director explaining or contesting the test results, and why the results do not constitute a violation of the City's policies. Every specimen that produces a positive confirmed result shall be preserved by the laboratory that conducts the test for at least 210 days from the date the results were confirmed. If an employee or job applicant undertakes an administrative or legal challenge to the test result, the employee or job applicant must notify the laboratory and the sample shall be retained by the laboratory until the case or administrative appeal is settled. STANDARD FOR,DRUG/ALCOHOL TESTING I When drug screening is required under the provisions of this policy, the following standards, or the most current established NIDA standard, shall be · used to determine what levels of detected substances shall be considered as positive. The City's drug screening looks at eight (8) drugs: Initial: Detection Limits Amphetamines Barbiturates Benzodiazepines Cannabinoids (THC, Marijuana) Cocaine Methaqualone (Quaaludes) Opiates Phencyclidine (PCP, Angel Dust) 1000 ng/ml 3OO 300 100 300 300 300 25 When alcohol screening is required under the provisions of this policy, the standard which shall be used to determine what level of alcohol shall be considered as positive shall be: 0.05% or more by weight of alcohol in the person's blood. The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood. 5 ~ONSENT TO DRUG TESTING Before an alcohol or other drug test is administered, employees or job applicants shall be asked to sign a consent form authorizing the test and permitting release of test results to the City Personnel Director. The consent form shall provide space for employees and applicants to acknowledge that they have read and understand this drug testing policy. CONFIDENTIALITY Ail information relating to the alcohol or drug test is confidential. Disclosure of test results to any other agency or organization is prohibited unless written authorization is obtained from the applicant/employee, or the records become the subject of an administrative or judicial proceeding. SUPERVISORY TRAINING Ail supervisory staff will be trained to: 1. Identify basic categories of alcohol and drug abuse and their effects; 2. Understand and intervene in instances of reasonable suspicion; 3. Understand the methods of City alcohol and drug testing procedures; 5. Effectively and appropriately document cases of reasonable suspicion; 6. Deal with performance and safety issues as relates to alcohol and drug abuse situations. REHABILITATION Any employee who voluntarily comes forth and requests assistance will be encouraged to obtain assistance through the city's health insurance program. Employees can also avail themselves of any assistance programs or rehabilitation programs as outlined in a list provided by the Personnel Department upon request. Employees will be afforded one (1) opportunity to successfully complete a rehabilitation program under the City's health insurance program. Any subsequent alcohol and drug testing that reveals a positive result will culminate in immediate dismissal action. Employees may be drug or alcohol tested if, during the course of employment, enters an employee assistance program for drug/alcohol related problems, or an alcohol and drug rehabilitation program. Such tests may be performed on a quarterly basis for up to two (2) years thereafter. 6 RESPONSIBILITIES The Personnel Department is responsible for notifying employees, supervisors · and applicants of the City's alcohol and drug policy. The Personnel Department is responsible for maintaining all alcohol and drug testing results. The Personnel Department is responsible for providing technical assistance to all management and employees. The Personnel Department is responsible for providing employees, upon request, with a list of names, addresses and telephone numbers of employee assistance programs and local alcohol and drug rehabilitation programs. Supervisors and Department Heads are responsible for documenting poor performance, for recognizing reasonable suspicion of alcohol or drug use by employees, and for carrying out the procedures in this policy. Ail employees are responsible for reporting to work free from the effects of · alcohol and drug abuse. Ail employees are responsible for maintaining a drug free work place environment. 7 'EMPLOYEE ASSISTANCE PROGRAMS AND LOCAL ALCOHOL AND DRUG REHAB PROGRAMS A New Beginnings Program Indian River Memorial Hospital 1000 36th Street Veto Beach, Fl. 32960 407-562-9206 Alpha Health Services Raymond M. DeCastro, M.D. 1025 Orange Avenue Fort Pierce, FL. 407-595-9495 Center for Counseling & Addictions Recovery 1031 18th Street Vero Beach, FL 407-567-4254 Family Center of Veto Beach 1845 14th Avenue Yero Beach, FL 32960 407-778-5523 Forbes-Wolfe, Gwen, MS. LMHC 3975 20th Street Veto Beach 407-569-3100 Glenbeigh Health Sources 4700 N. Congress Avenue West Palm Beach, FL 407-848-5500 Harbour Shores Hospital 1860 Lawnwood Fort Pierce, FL 1-800-433-2673 Heritage Addictions Treatment Center 2000 Commerce Drive Melbourne, FL 1-800-782-1033 Life Works 2183 Ponce De Leon Circule Vero Beach, FL 407-770-9070 New Horizons of the Treasure Coast 2300 3rd Court Fort Pierce, FL 407-778-7217 Palm Beach Institute 1014 N. Olive Avenue West Palm Beach 1-800-433-5098 Sandypines Private Psychiatric Hospital - Just for Kids 11301 SE Tequesta Terrace Tequesta, FL 1-800-525-0211 Savannas Hospital 2550 SE Walton Road Port St. Lucie, FL 1-800-486-3006 Total Lifestyle Center 777 37th Street Veto Beach, FL 407-567-6340 Twin Rivers Treatment Center 400 E. Sheridan Road Melbourne, FL 407-722-5267 Narcotics Anonymous Sebastian 589-4520 AA Alcoholics Anonymous 855 21st Street 407-562-1114 Indian River County Drug Hotline 4055 41st Avenue Veto Beach, FL 407-778-0000 Information and Referral Source The Word Shop 9090 U.S. Highway 1 Sebastian, Fi 407-589-5359 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Golf Course Operations (Revenues) Approval For Submittal By: Manager: genda Dept. of Origin: Golf-Pro MoClary Memo 4/27/93 Swiohkow Memo 5/27/93 EXPENDITURE AMOUNT APPROPRIATION REQUIRED= BUDGETED: REQUIRED: SUMMARY STATEMENT The Golf Course, at this time, shows a loss of revenue for the first seven months of the Fiscal Year, thus creating a non-balance of the 92/93 Budget. This deficit (over spending & lack of revenues) was created by: (i) Pro-shop Sales - The merchandise was put in storage and not sold for 2 1/2 to 3 months while the renovation was being completed on the Pro-Shop. During renovations, the Pro- Shop was in a trailer and did not have room for merchandise. Gift Certificates - Gift certificates were permitted to be used for the rental carts rather than Pro-Shop merchandise (approximately $14,500.) Manaqement - Set up improper (low) retail prices on Pro- Shop merchandise. Management did not supervise and check overtime hours, during illness and vacation times. Management or lack of it was the cause of low revenues on Tournament and the reduction of green fees to the lowest price permitted, when higher prices were still very feasible. Management did not visualize the mushroom effect of additional Rangers/Starters and summer workers if revenues did not stay on line. (2) Drivinq ~ - The driving range was rebuilt and not in operation for a period of three (3) months. (3) Inclement Weather - Excessive rain and wind closed the course for many rounds of golf during January, February,//~ and March creating a $58,000 shortage, (see attache_d_ memo ). ~. (4) Building Proqram - The Golf Course has $238,000 set aside for the expansion of the Clubhouse which could be used to pay debt service. The building expansion should be placed "on hold" until the Golf Course Finances are straightened out. in the future, the expansion can be funded through the Renewal and Replacement Account, which is funded by depreciation. (l) ~OMMENDED ACTION Merchandise will be displayed and marked correctly in the Pro-Shop. (2) Management will supervise and fully check overtime, (hiring of a part time temporary employee if necessary). (3) All unnecessary Rangers and Starters were laid off for the slow months. (4) Three budgeted summer maintenance workers were not hired. (5) (6) Working inside the guidelines of the Rate Resolution, all tournament prices will be in line so that not only a profit will be made, but that we will secure the event. Golf Course promotion for the slow summer months is now m underway. · (7) Transfer $238,000 from the Building Expansion Program for payment of debt service (see Swichkow memo of 5/27/93) (8) Many additional plans will be designed to increase revenues and minimize expenses for the 1993/94 year and presented to City Council for consideration and approval. (9) Continue to closely monitor Golf Course Plan and Finances. I City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: May 27, 1993 Robert S. McClary City Manager Marilyn Swichkow, CPA.~.~ Finance Director Use of Golf Course Refunding Revenue Bonds, Series 1992 - Original Proceeds Pursuant to my conversation with Mark Mustian, Bond Counsel for the city of Sebastian, the City has the authority to use the debt proceeds of the 1992 issue that pertain to expansion, capital and construction as follows: Construction and acquisition of a swimming pool at the facilities. · Renovation of the existing clubhouse and pro shop. At a total cost from bond proceeds of $238,000.00. Declare each project listed above as completed or abandoned on a specified date in the public record. the~, · The $238,000 can be used to pay principal and interest when due (no early retirement of debt allowable). · The debt proceeds cannot be used for any other purpose and in no event can these funds be used for operating expense. Since $80,000 is principal and $63,327.50 in interest are due on October 1, 1993 (cash required to be deposited in paying agent bank not later than (9-25-93), I recommend: That the $143,327.50 coming due October 1, 1993, be paid from original debt proceeds. That the April 1, 1993 interest payment of $63,327.50 be reimbursed from original debt proceeds leaving a balance of reserved original debt proceeds of $31,345.00, which can be applied to the April 1, 1994 interest payment of $61,927.50. That these steps be accomplished in accordance with the procedural steps outlined above by a declaration of completion or abandonment of the "initial projects authorized". October 1, 1993 April 1, 1993 April 1, 1994 TOTAL BUMMARY Debt Payment Debt Payment Debt Payment (Partial) $143,327.50 63,327.50 31J3~5.00 .$238,000.00 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 D~TE= TO~ FROMt ME MO R~ND UM ]%prll 27, 1993 Robert J. Freeland, Member of Co~cil Robert S. McClary, Golf Course Revenues I At the regular City Council Workshop Meeting of April 7, 1993 you raised questions and concerns regarding the two primary revenue sources of the Municipal Golf Course: green fees and cart rentals. Your concern was on the percentage of revenues collected through the first six months of the fiscal year ending March 31, 1993, especially since this period reflected the end of the season. Additionally, you expressed concerns in comparing revenues to date with the same period last year. In response to your questions, I have done considerable research and analysis. You are quite correct to be concerned. First, year to date revenues are behind last year and last year we suffered a $106,000 operating loss. Second, we lost approximately 3,000 golf rounds in the busy season of January, February, and March due to rain. Third, the revenue-expense trend since 1990 indicates that increases in expenditures are exceeding increases in revenues. I must point out, that fiscal-92 was an unusual year due to the bond refunding, PGA reports, and some major renovations to the facility. All these items had big impacts on the expenditure side of the Golf Course Fund including legal expenses for bond work of $25,000, PGA and other consulting of $53,175, non-amortized bond underwriting expenses of $10,000 and renovations to the sand traps and practice tee of $35,000 to $40,000. In other words, these one time expenses are somewhat misleading and account for over $128,000 in operating expenses. Further, the operating loss of $106,391 includes a non- cash depreciation expense of $152,811. In other words, there is nearly an even wash of net loss of $152,299 compared to non-cash depreciatioh expense of $152,811. Therefore, the loss was mostly on paper. However, the City is constrained by legal agreements of our bond financing whereby we are required to meet 100% of our operating Robert J. Freeland April 27, 1993 . Page #2 . expenses, including depreciation: Obviously, we were not in full compliance with the bond restrictions by ~osting a $106,391 loss for FY-92. I may also point out that operating expenses have increased in recent years due to the conversion of volunteer starters and rangers Jo paid starters and rangers, which was done to address legal and liability problems. . . . By adding the above disclaimer, I do not want to minimize the concerns for the long term financial health of the Municipal Golf Course. Many of the problems and alternative solutions were identified by the PGA i~ ~ts report on "Golf Course Evaluation- Sebastia~ Golf Course FacIlity" dated October 15, 1991. I believe that th~s report will need to be r~visited and reviewed when budgeting for F~scal 1994. In the interim, it has been our policy to minimize expenses and enhance revenues through the tee time reservation policy and promotion. Operating Statement I must point out that page 25 of the Operating Statement for the period ended March 31, 1993 contained a typographical error. Unfortunately, the budgeted amounts for Greens Fees and Cart Rentals were reversed. Consequently, the percentage figures were not correct. However, the reported month to date and year to date dollar figures were correct. The report should have read as follows: TRANS MONTH TO YEAR TO 1992/93 CODE DESCRIPTION DATE DATE BUDGET % 230 Green Fees 44,313 196,345 340,000 57.75% 231 Cart Rentals 40,614 225,349 485,000 46.46% Closures Due to Weather As outlined on my chart dated 4/27/93, we lost approximately 3,000 starts due to rain. This was extracted from a more detailed report prepared by Golf Manager ~oe O'Rourke ~n 4/26/93. This equates to a financial loss due to rain of approximately $57,900. Further, the unusually heavy rainfall amounts are reflected in a memorandum from Chris McCarthy dated 4/26/93 (attached). These figures do not reflect the reduced play due to unseasonably cold and windy weather for the same three month period. Revenue-Expense Analysis The operating report indicated overall revenues at 61.71% of budget but operating expenses at only 38.56% of budget. In other words, although revenues were down so are expenses. Robert J. Freeland April 27, 1993 Page #3 Golf Course Expenses The 3/31/93 Operating Report indicates Golf Course expenses as follows: Golf Course Admin. Expense Golf Course Maintenance Golf Course Carts Interest Expense 31.27% 52.40% 72.78% O.OO% Adjustments to Financial Report The above operating expenses are somewhat misleading and the Finance Department has prepared an income and expense analysis for the six month period ending March 31 (attached). The differences between these numbers and the 3/31/93 report includes adjustments for depreciation of $102,000, includes interest paid on 4/1/93 of $63,328 and reduction of cart expenses of $79,440 due to capital purchase of carts in F-92 which were paid in F-93 and adjustments due to other accruals. Therefore, in reviewing the financial performance of the Golf Course Enterprise Fund, the analysis of income and expenses using adjusted figures for the six month period may be more meaningful. pc: Lonnie Powell, Mayor & Sebastian City Council Marilyn Swichkow, CPA Joseph O'Rourke, Golf Pro-Manager /sg Ja~ual-F March Notes: Prepared by: RSMc - 4/27/93 BEBASTI~N ~ GOLF COURSE STARTS LOST TO RAIN 1993 1992 ~ 1,488 - 0 - 240 240 720 240 1,260 120 240 2,988 840 720 Assumes 240 Starts Per Day Assuming 50% member - 50% non-member play 2,988 lost starts equates to $56,772 in green fees and cart rentals. City of Sebastian POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5.330 n FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE -',, April 27, 1993 Robert S. McClary, City Manager Rain Day Analysis Date Starts ~ Due t__o Rain Janua~ 1-01-93 1-02-93 1-05-93 1-09-93 1-16-93 1-25~93 1-26-93 1-27-93 Rain 87 240 153 Rain 87 240 153 Lt. Rain 179 240 61 Rain -0- 240 240 Rain 19 240 221 Rain -0- 240 240 Rain -0- 240 240 Rain -0- 240 240 January Totals 2-26-93 Rain 372 1,920 1,548 -0- 240 240 Re: Rain Day Analysis Date ~ Page #2 Exloected ~ Last Done 3-13-93 Rain -0- 240 240 3-14-93 Rain 89 240 151 3-18-93 Rain 48 240 192 3-19-93 Lt. Rain 155 240 85 3-20-93 Lt. Rain 128 240 112 3-21-93 Rain -0- 240 240 3-22-93 Rain -0- 240 240 420 1,680 1,260 March Totals 1993 Totals 792 3,840 3,048 Estimated loss of green fees and cart revenues: 1,524 non-member green and cart fees @ 30.00 ~ $45,720 1,524 member cart fees @ $8.00 = 12,192 TOTAL ESTIMATED LOSS $57,912 1-02-92 Rain -0- 240 240 2-05-92 Rain -0- 240 240 3-02-92 Rain -0- 240 240 1992 Totals -0- 720 720 Estimated loss of green fees and cart revenues: 360 non-member green and cart fees @ $30.00 = 360 member cart fees @ $8.00 TOTAL ESTIMATED LOSS January 1991 - No Rain Days $10,800 2,880 $13,680 2-02-91 Rain -0- 240 240 2-03-91 Rain -0- 240 240 2-28-91 Rain -0- 240 240 3-31-91 Rain 120 240 120 120 960 840 Estimated 16ss of green fees and cart revenues: 420 non-member green and cart fees @ $30.00 420 Member cart fees @ $8.00 $12,600 ~,360 $15,960 City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 April 26, 1993 TO: Joe O'Rourke G.C.P.M. ~ROM: Chris McCarthy G.C.S. RE: Rainfall amounts and days closed RAINFALL TOTALS Month 1993 1992 1991 1990 Jan. 18" 3.~" 1" 1.5" geb. a" 3.25" .50" .75" March 12" 2" 1.75" .25" TOTALS 3~" 8.75" 3.25= 2.5" 1992-93 DAYS CLOSED AND LOW PLAY DUE TO WEATHER NOV. - 9th and 22nd .Dec. - 8th,gth and27th gan. - 1st 1:00, 9th,16th 9i00, 25th 10:00, 26th &27th [eb. - 26th Mar. -13th,21st,22nd Closed. Bad Weather lath & 18th Apr. - 1st 13 days closed all day and 5 days closed part of day or low play due to inclement weather. I I I I I I - I City of Sebastian I POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 tn FAX (407) 589.5570 DATE= MEMORANDUM December 21, 1992 TO= FROM= REt Lonnie Powe11, Mayor & Sebastian City Coun=il Robert S. MoCl&r~, City Manager Golf Course Operation I A number of concerns and questions were raised during the F-93 Budget Process and at the Rate Resolution Public Hearing I regarding the Golf Course operation. Staff has completed a comparative analysis of the Golf Course operation. In summary, we find there are four major issues which need to be addressed: i 1) rates; 2) playing conditions; 3) promotion; 4) management. The problem, simply put, is that expenditures are 'out pacing revenues. This is demonstrated on the attached fund analysis I which evaluates five major operating revenues and three major operating expenses. Please note that these numbers are not comprehensive. In the three year period since Fiscal-1989, Golf Course revenues have increased approximately 12.8% while at the same time expenditures have increased 70.7%. In this three year period, net revenues over expenditures for these areas decreased from $320,400 to only $2,400.* Revenues increased an average of 3.2% over four years compared to a 17.7 % annual increase in operating expenses. Of particular concern is the decrease in the operating revenues from F-9.1 to F-92. The decrease is solely accounted for in cart fees whereby we received approximately $33,100 less in cart fee revenue in Fiscal-92. This also represents a budget short fall of approximately $72,700 when comparing actual to budget. * Note: The F-92 figures are.not necessarily representative of ongoing operating expenses since a number of one-time expenses were incurred including approximately $61,000 in bond related legal and underwriting expenses and some $34,500 in improvements to the sand traps, putting green, and driving range. Therefore, if $95,500 is backed out, Fiscal- 92 would show in the black some $98,000 for the reported revenue and expenditure items. Golf Course Operation December 21, 1992 Page #2 Golf Course Rates The Golf Course suffered a loss of some 6,000 rounds of play, which was primarily in the summertime and primarily from non-play by members. This reduction in play can be attributed to several factors including non-competitive summertime rates, playing conditions of the course, lack of promotion, and management. As part of the Rate Resolution, staff recommended and City Council approved two major changes in the rate structure. First, the Rate Resolution allows for a three dollar range in rates during the off season. Second, the number of member tee times has changed from two member to one non-member tee time reservations to a one to one ratio. While memberships account for approximately 24% of the identified revenue items it is clear that member golf rounds are subsidized by non-member play. In the future, the City Council may want to consider several alternatives, including: eliminate or sunset memberships, increase membership fees, limit membership to the off season or impose a per round green fee/trail fee for members (such as 50 cents). The PGA report recommended a trail fee which would have the effect of keeping the annual membership rates the same yet increasing revenues from members based on usage of the facility. Playing Conditions It is clear that the playing conditions of the course this past summer contributed to the loss in rounds. Coupled with non- competitive fees, the Golf Course playing conditions, especially the high rough, contributed to lost rounds. The playing conditions can be attributed to a number of factors including equipment failure, rain days, and other major projects which diverted maintenance crews (such as sand trap renovation, putting green construction and practice tee construction). Staff proposes to correct playing conditions by: 1) utilizing more contractors when possible so the efforts of the maintenance crew is not diverted, 2) to purchase the new mowing equipment budgeted for F-93, 3) to develop a cart path building program to make the course more playable after a rain. Golf Course Promotion It is clear that the Golf Course is not adequately promoted. An aggressive effort by the PGA Pro must be undertaken to attract more tournament play and more activities. Sebastian should have the best possible Junior Golf Program, Longest Day of Golf, and more tournaments. The restaurant expansion will greatly facilitate additional tournament play and facilitate the existing groups using the golf course on a regular basis.