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HomeMy WebLinkAbout06241992 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA SEBASTIAN CI?Y COUNClh REGULAR MEETING WEDNESDAY, JUNE 24, 1992 - 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. INVOCATION 4. ROLL CALL AGENDA MODIFICATIONS /ADDITIONS ~ DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION - None The normal order of business for public hearings (Resolution NO. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council ACtion 92.190 92.191 92.192 10. 11. Please Note: AnNone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. PUBLIC INPUT ON AGENDA ITEMS CONSENT AGENDA - 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. A. Approval of Minutes - 6/17/92 Regular Meeting B. RESOLUTION NO. R-92-31 ~ Abandonment of Easement A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTHEASTERLY 10 FEET OF THE SOUTHWEST 20 FOOT EASEMENT OF LOT 22, BLOCK 251, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37E, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. First Church of the Nazarene - Waive Permit Fees for Fence Construction (Staff Recommendation dated 6/16/92, Eby Letter dated 6/3/92) Sebastian Highlands Baptist Mission - Waive Permit Fees for Steeple Construction (Staff Recommendation dated 6/16/92, Monroe Letter dated 6/15/92) PRESENTATIONS - None MAYOR AND CiTY COUNCIL MATTERS A. Mayor Lonnie R. Powell B. Mr. Frank Oberbeck C. Mrs. Carolyn Corum D. Dr. Peter R. Holyk E. Mr. George G. Reid 12. CITY ATTORNEY MATTERS 2 13. 92.193 14. 15. 16. 92.194 92.195/ 91.181 92.196 17. CITY MANAGER MATTERS City Council Agendas (City Manager Recommendation dated 6/18/92) COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS - None NEW BUSINESS Bid Award - Golf Course Cart Paths - Regan Masonry - $12,846 (Staff Recommendation dated 6/18/92, Bid Tabulation) Bid Award - Lake Hardee Park Trees ~ Multiple Vendors (Staff Recommendation dated 6/18/92, Bid Award Sheet) RESOLUTION NO. R-92-32 - CWA Contract Ratification (City Manager Recommendation dated 6/18/92, R-92-32, Contract Addendum) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATION WORKERS OF AMERICA, FOR THE PERIOD FROM OCTOBER 1, 1992 THROUGH AND INCLUDING SEPTEMBER 30, 1993; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 18. 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 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE' June 4th, ~99~ TO: FROM: t{athryn M. 0'Halioran City Clerk Daniel C. Ecki~,= P.~.~ City Engineer/Public~ks Director RE: Abandonment of a portion of a Drainage Easement along rear property lines of Lot 22, Block 251 Unit 10. I inspected the requested easement abandonment for the Northeastly ten (10) feet of the rear twenty (20) foot easement of Lot 22, Block 251, Sebastian, Florida in the rear yard for a pool encroachment. Therefore, as City Engineer', I have no objections to the abandonment of a portion of the existing drainage and utility easement. RESOLUTION NO. R-92-31 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTHEASTERLY 10 FEET OF THE SOUTHWEST 20 FOOT EASEMENT OF LOT 22, BLOCK 251, UNIT 10, SEBASTIAN H!_~ANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI '~.~E~ PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROV~bING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The northeasterly ten feet of the southwest twenty foot easement of Lot 22, Block 251, Unit 10, Sebastian H~hlands, according to the plat thereof, recorded in ~i~'BIL-I~ Public Records of Indian River County, SECTION Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION Iii This resolution shall be recorded in the public records of Indian River County, Florida. SECTION IV This resolution shall be in full immediately upon its passage. force and effect CITY OF SEBASTIAN, FLORIDA ATTEST: by: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this day of , 1992. Kathryn M. O'Halloran, CMC/AAE (SEAL) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared and to me known as the persons described herein and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in Indian River County, Florida, this day of ..... , 1992. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires Approved as to Form and Content: Charles I. Nash, City Attorney CITY OF SEBASTIAN APPLICA?ION FOR VACA?IONOF EASEMENT(S) ~Thl$ request shall no be accepted unless completed in full) *zndividual. corporation, etc. - Zf cor~rat~on apply corporate Seal below LEGAL DESCRZPTZON OF REAL PROPERTY ON WHICH EASEMENT EXISTS: (Attach descr&ption on att~Chmen~ if necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED= (This item to be filled in by Building Official) TYPE OF EASEMENT: /~/,' /~..~,.% APPROXIMATE SZZE OF EASEMENT.' PURPOSE FOR REQUEST TO VA~TE: feet in length__/g~_~in Width p~operty. -- · g ed:(t£tls, ~f an¥~ ~"' Please Print Name'Here (Explain in det~t~ your need to release this easement) I HERESY CERTIFY that I, the Applicant, own the real property on which the easement Z request to vacate exists, or Z am authorized to present this request to vacate by the owner of the real ( )2. (N/A) ( )3. ( )4. (N/A) Corporate Seal hereto-the following: Map, plat, survey, or clear drawing at least 8 1/2" x 11" showing the parcel of land on which the easement ex~sts, with parcel(s) of land ad, Scent to the easement requested to be vacated. SHOW THE EASEMENT ChEARLY ON DRAWINO. Complete legal description of the parcel of land on which the easement exists if the fu~l description cannot bs placed on the lines provided above for the dsscript~on. Written authorization of the owner of the parcel of lend on which the easement exists if the applicant is not the. owner. IF IT IS NECESSARY TO ORANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT iS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT. Attach e check or money order payable to "The City of Sebastian" upon submittal of this application to the Office of the City Clerk. This application fee ia not refundable. The fee is $25.00. ( ) 6. OTHER= Data R e d t By: ~ ~le: a a~.apP [ ] -'- ~.,.~ City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589~5330 n FAX (407) 589-5570 SUBJECT: REQUEST FOR WAIVER OF PERMIT FEES FROM FIRST CHURCH OF THE NAZARENE Approved For Submittal By: City Manager Agenda Number: Dept. Origin: Community. Development (BC~ Date Submitted: 6/16/92 For Agenda Of: 6/24/92 Exhibits: Letter from Pastor Ed Eby dated 6/3/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian First. Church of the Nazarene has requested a waiver of permit fees for the construction of a fence at their parsonage at 421 Georgia Boulevard. The fees for this project would be $15.00. Their request also refers to waiver of permit fees for the removal of some trees on their property. However, the City does not require fees for tree removal permits. RECOMMENDED ACTION Move to waive the permit fees for First Church of the Nazarene for the construction of a fence at their parsonage at 421 Georgia Boulevard. SEBASTIAN FIRST CHURCH OF THE NAZARENE June 3, 1992 Sebastian City Council City Hall Sebastian, FL 32958 Dear Sirs/Madam: This letter is to request a waiver of permit fees for the removal of trees on the church property as well as the construction of a privacy fence at the parsonage (rectory) of our church. We have been informed that this is a customary consideration for churches. Thank you for your consideration in this matter~ any questions, please do not hesitate to call. Very truly yours, Pastor Ed Eby If you have PASTOR - Ed Eby · 50 S. Wimbrow, Sebastian, FI 32958 ° (407) 589-4935 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: ) REQUEST FOR WAIVER OF PERMIT FEES ) FROM SEBASTIAN HIGHLANDS BAPTIST ) MISSION ) ) Approved For Submittal By: ) City Manager ~~/~/ I ) ) Agenda Number: ~. /~ Dept. Origin: Community Development Date Submitted: 6/16/92 (BC~/~_~ For Agenda Of: 6/24/92 Exhibits: Letter from Alfred Monroe dated 6/15/92. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian Highlands Baptist Mission has requested a waiver of permit fees for the construction of a steeple on their existing building at 1091 Schumann Drive. The fees for this project would be $48.00. RECOMMENDED ACTION Move to waive the permit fees for Sebastian Highlands Baptist Mission for the construction of a steeple at 1091 Schumann Drive. JUN 15 19~2 City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECTs City Counot! Agendas ) Approved For Submlttal Bys City Manager /~"~" EXPENDITURE ~OUNT Agenda No. ~-/~ Dept. of Origins City Manager Date Submitteds 06/18/92 For Agenda Ofs 06/24/92 Exhibits: APPROPRIATION REQUIREDs BUDGETEDs RNOUIRED~ SUMMARY STATEMENT I was recently asked to contact the local news media about publishing the City Council Agendas. Currently, the City of Vero Beach City Council Agendas are published on the Veto Beach Page of the Veto Beach Press Journal. It would be impossible to publish our agenda in the Sebastian Sun given the agenda deadline and the deadline for the Sebastian Sun. The City's deadline on agenda item submittals is noon on Thursday prior to the City Council Meeting. A summary agenda could not be prepared until later that day and frequently the following morning. With a Friday publication date of the Sebastian sun, we simply could not submit an Agenda to them in time to make the next edition. have also checked with the Vero Beach Press Journal. The Press Journal runs the Vero Beach City Council Agenda as a paid advertisement. If we were to remove the ordinance titles and prepare a summary agenda, a typical ad on the Sebastian page of 4 1/2" wide by 9" long would cost $83.70. Of course, the actual price would depend on the amount of space needed. However, assuming three (3) meetings per month and $83.70 per meeting, the total cost Would be in excess of $3,000 per year. I question the effectiveness of newspaper advertising given the lack of public response to the ads we place for ordinances, zoning matters, etc. Also, I have checked with Falcon Cable TV and they will run a summary agenda on the public access channel as a public service and without charge. However, we have done this on one occasion in the last several months and the effect of their moving screen makes the agenda difficult to read. RECOMMENDED ACTIO~ Review the matter of advertising media, publishing the City Council Agendas in local City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Bid Award- Golf Course Golf Course Cart Paths Approved for Submittal By: City Manager ) Dept. Origin Engineering (DE) ) ) Date Submitted: 06-18-92 ) ) For Agenda Of 06-24-92 ) ) Exixibits: Bid Tabulation ) ) Expenditure Amount Appropriation Required: $12,846 Budgeted: -0- Required: SUMMARY STATEMENT Sealed bids for the installation of sidewalks in Riverview Park and along U.S. 1 were received June 16, 1992. As an addendum to the bid, bidders were requested to submit a lump-sum price for the installation of 7490 sq. ft. of golf course cart paths. No bids were submitted for installation of sidewalks and only one bid was received for the installation of the cart paths. The bid tabulation for the cart paths is included as an exhibit. The bid for the cart path appears to be fair and reasonable and within expectations delineated by the specifications, and sufficient funds are available. The specifications for sidewalk installation are being reviewed and recommendations as to either rebidding or negotiating a contract will be submitted in the near future. Of course, any negotiated price in excess of $2,000 must be approved by City Council. RECOMMENDED ACTION Award the bid for golf course cart path installation to Regan Masonry in the amount of $12,846.00 as identified in the bid tabulation form. © © City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= LAKE HARDEE PARK TREES BID AWARDS Approved For Submittal By= City Manager Dept. Origin= Community Develooment (;~ and Finance (MH, Date Submitted= ~6/!.~/92 For Agenda Of: 06/24/92 Exhibits~ Tree Bid Documents (By Reference) Bid Award Sheet EXPENDITURE REQUIRED= $ 26,366.35 AMOUNT BUDGETED= $ 35,450.00 APPROPRIATION REQUIRED= $ 26,366.35 SUMMARY STATEMENT Pursuant. to the Grant Agreement between the City of Sebastian and the Florida Department of Agriculture Services, Division of Forestry and the U.S. Small Business Administration, a bid for Lake Hardee Park Trees was advertised and opened on Monday, June 15, 1992. Eight responsive bids were received of the thirteen packages distributed· RECOMMENDED ACTION Multiple Awards to five (5) eligible tree suppliers and landscapers are recommended. Each provided a iow bid either by zone or individual tree type (unit price). The overall bids, as indicated on the attached Tally and Award Sheets, presented sufficiently Iow prices to enable the City to purchase a grand total of 2S8 trees, ranging in variety and height from eight (8) to sixteen (16) feet. The Small Business Administration Tree Planting Grant Proposal specified 200 trees; by way of the successful bid process we are able to obtain the additional 88 trees and still remain exactly within our budget. Staff recommends that Council review the documents enclosed and move to award contracts for trees and their installation as outlined. Additional expenditures under the required local match for planting materials other than trees and any outside labor desired shall be presented to Council at a later date. LAKE HARDEE PARK TREES BID AWARD SHEET June 24, 1992 Award ~o Multiple Vendors on ~he basis o~ Iowes~ and best a~gre~a~e and uni~ prices ~o~ ~eques~ed ~ree species, a~es and sizes. AWARD MATRIX VENDOR (COMPANY) NAME H~ry Fischer & Sons PO Box 780068 Sebastian, FL 32978 Henry A. Fisher, VP Bidder's Representative Treemart PO Box 915S Veto Beach, FL Steve Deputy Bidder's Representative TYPE OF AWARD AGGREGATE AWARD Planting Zones A-F for Live & Laurel Oak, Red Maple, Sweet Gum or Sycamore All 1~-12 Feet AGGREGATE AWARDi Planting Zones A-F for Small Queen and Sable (Cabbage) Palms All 8-1~ Feet $ TREES SUPPLIED $10125.e0 135 Trees @$75/tree PR]CE AV6 1875.00 35 Trees @$53.57ea PRICE AVG Landscapin~ by_ Riverside, Inc PO Box Veto Beach, FL Karl Zimmerman UNIT AWARD Planting Zones A-F for Tall Queen Palms in Ball & Bag. Alt 14-16 Feet $ 1008.0e 16 Trees @$63.000a PRICE AV6 Bidder's Representative $ TREES+ PLANTING $12993.75 135 Trees @$96.250a PR~C£ AV6 $ 2750.00 35 Trees @$78.57ea PRICE AV6 $ 1478.40 16 Trees @$92.400a PRICE AV6 TREE BID AWARD MATRIX Page 2 VENDOR (COMPANY) NAME Atlantic Landscape Services, Inc 2455 4th Street Veto Beach, FL Norman Black Bidder's Representative TREE BID SUBTOTAL TYPE OF AWARD UNIT AWARD Planting Zones A-F for Tall Sable (Cabbage) Palms:Container All 14-16 Feet ZONES A-F (2e0) $ TREES SUPPLIED $ 864.50 14 Trees @$61.75ea PRICE AVG $13872.50 Grant Award Total Balance Available ADDITIONAL TREES BID Treemart State+SBA $20000.00 $ 6127.50 UNIT AWARDS PRICE AVG 5 Cherry Laurel $ 475.00 All 10- 12 Feet @$95.00ea 5E.Palatka Hol ly$ 475.00 All 10-12 Feet @$95.00ea $ TREES+ PLANTING $ 1050.00 14 Trees @$75.00ea PRICE AVG $18272.15 Grant+City $35540.00 $17177.85 PRICE AVG $ 600.00 @$120. ea $ 600.00 @$120. ea Landscaping ~y Riverside~ Inc Atlantic LandscaPe Servic[.~,. lnc Fei Ismere Nurseries 11280 CR 507 Fellsmere, FL Fran Adams Bidder's Representative 22 Live Oak All 8-10 Feet 19 Tall Sable (Cabbage) Palm Container 14-16 5 Dahoon Holly All 8-10 Feet 3 S. Magnol ia All 10-12 Feet 20 Laurel Oak All 8-10 Feet 9 Red Maple All 8-10 Feet 950.00 1485.00 @$67.50ea 1173.25 @$61.75ea $ 344.50 @$68.90ea $ 372.06 es 124.02 $ 1889,81 $ 1400.00 @$70.00ea $ 405,00 @$45.00ea $ 1805.00 $ 1200.00 $ 2178.00 @$99.00ea $ 1425.00 @$75.00ea $ 515.00 @$1~3. ea $ 436.20 es 145.40 $ 2376.20 $ 1800.09 @$9e. OOea $ 540.00 @$60.00ea $ 2340.90 TREE BID AWARD MATRIX Page 3 VENDOR (COMPANY) NAME 288 TREES TOTAL Match Balance Available for Required 3-Year Maintenance & Planting Materials (Mulch & Sod) TYPE OF AWARD ZONES A-F (288) $ TREES SUPPLIED $2ee02.31 -$ 2.31 I $ TREES+I PLANTING.[ $26366.35 $ 9083.65 RECAP TOTAL AWARD EACH BIDDER/VENDOR: lHenry Fisher & Sons Inc I ITreemart I ILandscaping by IRiverside, Inc I IAtlantic Landscape IServices, Inc I IFel Ismere Nurseries 135 Trees 45 Trees 38 Trees 41 Trees 29 Trees $10125.00 $ 2825.00 $ 2493.00 $ 2754.31 $12993.75 $ 3950.00 $ 3656.00 $ 3426.20 $ 1805.0015 2340.00 Vendors Awarded Bid I 288 Trees l$20002.31 1526366.351 MULCH AND SOD: A local match cost item. Henry Fisher & Sons, Inc. was Iow b d on these alternates: MULCH: $96.00 per 8 cubic yards SOD: $52.00 per pallet City s reminded that a Sod Bid is currently in effect with another vendor.) THREE-YEAR LABOR AND MAINTENANCE: A local match cost item. Ins...ight Unlimited., Inc. was iow bid for this alternate item but City is responsible for tree care over 3-years and may wish to handle this through employees on staff. Salaries were computed as part of City's required match. TREESOIZ.DOC City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: CWA Contract Ratification Approval For 8ubmlttal By= City Manager=~ ~" Agenda No. ~./~ Dept. of Origin= City Manager Date Submitted= 6/18/92 For Agenda Of= 6/24/92 Exhibits: Resolutlon R-92-32 Addendum to CWA Contract EXPENDITURE REQUI~ED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On June 12, 1992 the City and the Communication Workers of America agreed to changes in the current Collective Bargaining Agreement. These amendments are to be voted upon by the CWA Membership on June 22, 1992. The proposed amendments provide for a 5% pay increase retroactive to April 1, 1992, an insurance "buyout" of $1.54 per hour for most classifications effective June 1, 1992, and the inclusion of Starters and Rangers in the step plan. Additionally, the changes provide for several reclassifications, upgrade, and "step leveling" to place all step increments at 33 cents per step. RECOMMENDED ACTION Move to adopt Resolution R-92-32 ratifying an addendum to the Contract between the City of Sebastian and the Communication Workers of America. RESOLUTION NO. R-92-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATION WORKERS OF AMERICA, FOR THE PERIOD FROM OCTOBER 1, 1992 THROUGH AND INCLUDING SEPTEMBER 30, 1993; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 12, 1990, the City of Sebastian entered into a three year agreement with the Communication Workers of America, for wages, benefits and other conditions affecting employment of all regular full or part-time employees with the City included in the Public Employees Relations Commission Certification #650, issued on October 15, 1984; and WHEREAS, the referenced agreement commenced on October 1, 1990 and runs through September 30, 1993; and WHEREAS, during the second year of the agreement, wages and one other article may be reopened at the option of each party; and WHEREAS, during the second year of the agreement, additional articles may be reopened at the mutual agreement of both parties; and WHEREAS, the City and the Communication Workers of America have negotiated wages and other articles to be effective during the second year of the referenced agreement; and WHEREAS, the City and the Communication Workers of America have reached tentative agreement on the amendments to said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. The document entitled "Addendum to Collective Bargaining Agreement between City of Sebastian and Communication Workers of America" attached hereto and made a part hereof as Exhibits "A", is hereby adopted. SECTION 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. This Resolution shall take effect immediately upon its adoption. ATTEST: CITY OF SEBASTIAN by: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Councilperson Carolyn Corum Councilperson Peter Holyk Councilman George Reid The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1992. Approved as to Form and Content: Charles ian Nash, City Attorney THIS AGREEMENT shall amend the Contract between the CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, and THE COMMUNICATION WORKERS OF AMERICA, dated October 1, 1990, through and including September 30, 1993, and, as amended, shall state as follows: 1. Article I, Section 2, is hereby amended by adding th~t~.~.~/ classification "Golf course Starter/Ranger" to the list of/Jw/~ classifications which are considered to be part of the bargaining unit. 2. Article 12, ~ L~ Section 4 (c), is hereby ~ , amended and, as amended shall provide as follows: /~ '~'~' Section 4 (c) Annual leave may be accrued up to a maximum of twice the employee's annual vacation entitlement. ~-9 ~_~ 3. ~ Article 16, G_~ s~, in its entirety, is hereby amended, and, as amended, shall provide as follows: section 1. During the term of this agreement, the Employer agrees to pay the premiums to provide group health insurance coverage to regular full-time employees. It is expressly understood by all parties that the Employer shall not pay the premium for group health insurance coverage for any dependent coverage. However, the Employer agrees to provide group health insurance coverage for eligible dependents on a payroll deduction basis provided the employee pays the entire premium for said dependent health insurance coverage. Section 2. The employer agrees to provide continued group health insurance coverage during the term of this agreement for employee coverage only up to a maximum of $3,900 per year. Any premium in excess of $3,900 per year shall be paid by the employee as a payroll deduction. 4. ~ Article 21, ~_~, in its entirety, is hereby amended, and, as amended, shall provide as follows: Section 1. The City and the Union agree that modifications to the City's existing step plan are appropriate. To integrate certain modifications, adjustments, reclassifications and the initial~ placement of individuals into the revised step plan, the City and Union agree that the existing step plan be amended as set forth in Exhibit "A" attached hereto and entitled "Step Plan Job Classes (0% Base)" The modifications to the existing step plan are as follows: B. an and Clerical Assistant I are upgraded to 33 cents/step. .From 5.50 - 6.75 (F-91 Plan) To 5.50 - 7.48 (Zero Base) Incumbents would be placed into the revised (Zero Base) step plan on October 1, 1991 at the step equal to or next higher than their current hourly rate. Example: A Clerical Assistant i on September 30th at Step 6 would be at $6.54. The next higher step is the new Step 5 at $6.82. The employee is therefore placed at Step 5. C. Clerical Assistant II and Communications Technician are increased to 33 cents/step. From 6.00 - 7.50 To 6.00 - 7.98 (Zero Base) Incumbents to the step equal to or next higher than current hourly rate. D. The position of Mechanic is upgraded to the same rate as Maintenance Worker II. From 6.25 - 7.75 To 6.25 - 8.25 (Zero Base) Incumbent to the step equal to or next higher than current hourly rate. E. chief Communications Technician is upgraded to the same rate as Code Enforcement Officer, Head Mechanic, Foreman, etc. From 6.25 - 8.23 (Assumes adjustment to 33 cents/step) To 7.25 - 9.25 (Zero Base) Incumbent to the step equalto or next higher than current hourly rate. F. Building Maintenance Technician is downgraded to the same rate as Maintenance Worker II. From 7.25 - 9.25 To 6.25 - 8.23 (Zero Base) The incumbent would be re-classified from M.W. II to Building Maintenance Technician at the same step rate. G. Computer Operator is upgraded to the same step rate as Engineering Technician. From 6.25 - 8.25 To 8.25 - 10.25 (Zero Base) incumbent to the step equal to or next higher than current hourly rate. H. Maintenance Worker III in Park Department- is re-classified to position of Foremen. From 6.75 - 8.75 (M.W.III} To 7.25 - 9.25 (Zero Base - Foreman) Incumbent up to the step equal to or next higher than current hourly rate. I. Engineering Technician mathematical error in step 6. There is From 9.77 To 9.91 (Zero Base) J. clerical Assitant I in Central Garage is upgraded to clerical Assistant II. From 5.50 - 7.48 (Clerical I) (Assumes Adjustment to 33 cents/step) To 6.00 - 7.98 (Zero Base) Incumbent to the step equal to or next higher than current hourly rate. ,tion2. The Zero Percent Base Step Plan fled hibit "a" above) is increased 2 1/2j across the~ to be effective from October 1 , 1992. A copy of the r ~ised plan, as:~' is attached hereto at ~xh~ Section 3. ~The Step Plan ident .~ied above as Exhibit "B" shall be ~ ncreased across the by 2 board to be~ in effect on ~ after Apr] 1992. A copy of the revised plan, increa~ is ~ached hereto as Exhibit "C". ~ .-~ ~ ,'¢ Section 4. In ord to compensate for the loss of Employer paid gro~ h insurance coverage premiums for dependent e Step Plans identified above in Exhibit "B' C" shall be increased by $1,800 per . The :rep Plans, as increased are as Exhibits "D" "E". Sectio 1 Se cn O~t.b~' '~ and shall continue for the balance of the . The City and Union ~hat the Step Plan as Exhibit "D" is to be in effect from October through March 31, 1991 and tha~the Step Plan as' Exhibit "E" is to be in effect~qn and after 1, 1992. The amendments described hereinabove shall take effect Contract. Except as expressly amended hereinabove, remaining provisions of the contract shall continue in full force and effect without change or modification. Should any provision contained within the contract be inconsistent with or contrary to the amendments expressly set forth hereinabove, the amendments expressly set forth hereinabove shall control to the extent of such inconsistency. COMMUNICATION WORKERS OF AMERICA By: Michael L. Grieco DATED: CITY OF SEBASTIAN, FLORIDA By: W. E. Conyers, Mayor DATE: ATTEST: Kathryn O'Ha]]oran Job Title Desk Clerk, Cart Attndnt, Cler Assr I Hourly rate per step Account clerk I, Maint. worker I Hourly rate per step Clerical Asst II, Communications Tach Hourly rate per step Mechanic, Maint. Worker II, Bldg. Maint. Tach. Hourly rate per step Account Clerk II, Maint. Worker III Administrative Secretary Hourly rate per step Chief Comm. Tach, Code Enf. Officer Ass't Greens Supt., Heavy Equip. Oper Foreman, Admin. Ass't, Head Mech Hourly rate per step Engineering Tech., Computer Operator Hourly rate per step Bldg Maint Supt, Vehicle Maint Foreman Cemetery Sexton Hourly rate per step Building Inspector ii Hourly rate per step Street & Drainage Supt Hourly rate per step Golf Course Starter/Ranger Hourly rate per step Golf Course Head Starter/Head Ranger Hourly rate per step City of Sebastian Proposed Step Plan i June 12, 1992) Effective April 1, 1992 I 2 3 4 5 6 7 12,022 12,750 13,458 14,186 14,893 15,621 16,349 5.78 6.13 6.47 6.82 7.16 7.51 7.86 12,563 13,291 13,998 14,726 15,454 16,182 16,890 6.04 6.39 6.73 7.08 7.43 7.78 8.12 13,104 13,832 14,560 15,267 15,995 16,723 17,430 6.30 6.65 7.00 7.34 7.69 8.04 8.38 13,666' 14,373 15,101 15,829 16,536 17,264 17,992 6.57 6.91 7.26 7.61 7.95 8.30 8.65 14,747 15,475 16,203 16,910 17,638 18,366 19,074 7.09 7.44 7.79 8.13 8.48 8.83 9.17 15,850 16,557 17,285 18,013 18,720 19,448 20,176 7.62 7.96 8.31 8.66 9.00 9.35 9.70 18,034 18,741 19,469 20,197 20,925 21,632 22,360 8.67 9.01 9.36 '9.71 10.06 10.40 10.75 19,677 20,384 21,112 21,840 22,547 23,275 23,982 9.46 9.80 10.15 10.50 10.84 11.19 11.53 20,218 20,946 21,653 22,381 23,088 23,816 24,544 9.72 10.07 10.41 10.76 11.10 11.45 11.80 24,586 25,314 26,042 26,749 27,456 28,184 28,912 11.82 12.17 12.52 12.86 13.20 13.55 13.90 8,840 9,526 10,213 10,899 11,586 12,272 12,958 4.25 4.58 4.91 5.24 5.57 5.90 6.23 10,400 11,086 11,773 12,459 13,146 13,832 14,518 5.00 5.33 5.66 5.99 6.32 6.65 6.98 Job Title CITY OF SEBASTIAN Proposed Step Plan After Insurance Buy Out (June 12, 1992} Effective ,~r'l, 1992 1 2 3 4 5 6 7 Desk Clerk, Cart Attndt, Cler Asst I Hourly rate per step 15,267 15,995 16,723 17.451 18,179 18.907 19,635 7.34 7.69 8.04 8.39 8.74 9.09 9.44 Account Clerk I0 Maint. Worker I Hourly rate per stop 16.808 16,536 17.264 17.992 18,720 19,448 20,176 7.60 7.95 8.30 8,65 9.00 9.35 9.70 Clerical Assr II, Communications Tach Hourly rate per stap 16,349 17,077 17,805 18,533 19,261 19,989 20,717 7.86 8.21 8.56 8.91 9.26 9.61 9.96 Mechanic, Meint. Worker I1, Bldg. Maint. Tach Hourly rate per step 16.910 17,638 18.366 19.094 19.822 20,550 21.278 8.13 8.48 8.83 9.18 9.53 9.88 10.23 Account Clerk II, Maint. Worker III Administrative Secretary Hourly rate per step 17.992 18,720 19.448 20,176 20,904 21,632 22,360 8.65 9.00 9.35 9.70 10.05 10.40 10.75 Chief Comm. Tach. Code Enl. Officer Ass't Greens Supt., Heavy Equip. Oper Foreman, Administrative Ass't Hourly rate per step 19.094 19,822 20,550 21,278 22,006 22,734 23,462 9.18 9.53 9.88 10.23 10.58 10.93 11.28 Engineering Tach., Computer Operator Hourly rate per step 21,279 22.006 22,734 23,462 24,190 24.918 25.646 10.23 10.58 10.93 11.28 11,63 11.98 12.33 Bldg Maint Supt, Vehicle maint Foreman Cemetery Sexton Hourly rate per step 22.922 23,650 24.378 25,106 25.834 26.562 27,290 11.02 11.37 11.72 12.07 12.42 12.77 13.12 Building Inspector II Hourly rate per step 23.462 24,190 24,916 25,646 26,374 27,102 27,830 11.28 11.63 11.99 12.33 12.68 13.03 13.38 Street & Drainage Supt Hourly rate par step 27,830 28,558 29.286 30,014 30.742 31.470 32.198 13.38 13.73 14.08 14.43 14,78 15,13 15.46 Golf Course Starter/Ranger Hourly rets per step 8.840 9,526 10.213 10.899 11,586 12.272 12,958 4.25 4.58 4.91 5.24 5.57 5.90 6.23 Golf Course Head Starter/Heed Ranger Hourly rate per step 10,400 11.086 11.773 12.459 13.146 13.832 14,518 5.00 5.33 5.66 6.99 6.32 6.65 6.98 CARSON, LINN & ADKINS LA%~YIIHS Oune 23, 1992 Robert McClary, City Manager City of Sebastian Poet Office Box 780127 Sebastian, Florida 32978 Re: Addendum to 1990-1993 CWA Collective Bargaining Agreement (Tentatively Agreed June 12, 1992) Dear Robbz You have requested our advice concerning the city's ratification of th~ Addendum to the 1990-1993 CWA collective bargaining agreement, which was tentatively agreed to by City and CWA representatives on June 12, 1992. For tile reasons outlined below, we recommend that the City defer action ell ratifying the Addendum at this time. As you know, a complaint has been filed against the city with the Equal Employment opportunity Commission (EEOC), alleging discrimination .In employment based .oD a~e. Tile City has eubmitted a comprehensive response to the complaint denying all allegations of age-based discrimination. Tile EEOC has not yet iseued a finding on the complaint. Because the Addendum contains provisions that may bear on the discrimination complaint, we recommend that tile City defer action on ratifying the contract until We obtain clarification of the EEOC's position. I have discussed this matter with tile CWA attorney, and he concurs that to avoid the possibility of litigation, the City should defer ratifying the contract at thie time. We-will let you know as soon as we receive mor~ information from the EEOC on this matter. Sincerely, JWIVhhp c~: Rod Smith, Esquire CARSON, LIMN & ADKINS Linn ,