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Home My WebLink About0926199090.200 88.193 90.181 90.215 90.216 90.217 90.218 SEPTEMBER 26, 1990, REGULAR CITY COUNCIL MEETING DOCUMENT LIST The following is a list of backup materials for each item in the agenda packet and notation for those agenda items with no backup. 9/26/90 Agenda 9. CONSENT AGENDA Approval of Minutes 1. 9/10/90 Special Meeting 2. 9/12/90 Regular Meeting 3. 9/17/90 Special Meeting Council & Manager Only Bm RESOLUTION NO. R-90-37 - Palm Lake Club - Phase I - Final Plat Approval 1. R-90-37 2. Letter from Mayfigld dated 9/14/90 RESOLUTION NO. R-90-38 - Stottler Stagg General Release 1. R-90-38 2. Two Releases Authorize Contract with Solin and Associates for Land Development Code Update 1. City Manager Recommendation dated 9/20/90 2. Proposed Contract w/ Solin E. Bid Award for Entrance Road to New Public Works Building - ~ Fischer & Sons, Inc. - S19,500 1. Staff Recommendation dated 9/13/90 2. Bid Tabulation Form 3. Notice of Invitation to Bid Waive ~ Procedures and Purchase Five (5) Police Pursuit Vehicles - 91 Ford Crown Victoria - Duval Ford, Jacksonville - State Contract Price - $60,198 1. Staff Recommendation dated 9/19/90 2. Memo from Chief dated 9/19/90 Reject Ail Bids - Stevenson Monument 1. Staff R~commendation dated 9/20/90 2. Bid Tabulation Form Waive Bidding Procedures - Golf Course Pro Shop Apparel Purchases 1. Staff Recommendation dated 9/20/90 2. Memo from Interim Golf Course Manager dated 9/13/90 90.219 90.220 90.221 90.149 90.222 90.187 90.223 11. 12. 13. Request for Use of ~ Center - Ercildoune Youth Bowlers - Fundraiser Dance - 10/27/90 - 8 p.m. to 12 p.m. - A/B - Permittee Mary Lou LOng DOB 9/4/47 - Security Paid 1. Application Request for Use of the Community Center - Benefit for Fisherman's Boat Loss - 10/28/90 - 1 p.m. to 5 p.m. - A/B Permittee Butt Snell - DOB 2/12/30 - Security Paid 1. Application Request for Use of ~0mmunity Center - V.O.T.E.R. - Workers for School Bond ReferendUm--- 10/4/90 - 7:30 p.m. t__qo 9:30 p.m. - Rick Giteles Permittee - Request for Half Fee - Security Paid 1. Application COMMITTEE REPORTS/RECOMMENDATiONS A. PLANNING & ZONING COMMISSION Recommendation Concerning Subdivision Access 1. Staff Recommendation dated 9/14/90 2. P & Z Memo dated 9/7/90 B. CONSTRUCTION BOARD Reappointment of Board Members - John Laman & Gerald Carey - Three Year Terms to Expire 10/93 1. Staff Recommendation dated 9/18/90 2. Memo from Board dated 9/12/90 3. Memo from Laman dated 9/11/90 4. Memo from Carey dated 9/11/90 OLD BUSINESS City Attorney Request for $5.00 Hourly Rate Increase 1. Memo from City Attorney dated 7/23/90 NEW BUSINESS Coastal Florida Police Benevolent Association ("PBA") Collective BargaininG Agreement - Implement Provisions of Article XXIV, "Group Insurance" 1. Staff Recommendation dated 9/20/90 2. Portion of Article XXIV of PBA Contract 3. City Manager Letter to PBA dated 9/20/90 2 90.224 90.225 90.226 90.227 Florida State Lodge, Fraternal Order of Police ("FOP") Collective Bar~ainin~ A~reement - Implement Provisions of Article XXIV, "Group Insurance" 1. Staff Recommendation dated 9/20/90 2. Portion of Article XXIV of FOP Contract 3. City Manager Letter to FOP dated 9/20/90 Communications Workers of America ("CWA") Local 3180 Collective Bar~ainin~ Agreement - Implement Provisions of Article 17, "Group Insurance" 1. Staff Recommendation dated 9/20/90 2. Portion of Article 17 of CWA Contract 3. City Manager Letter to CWA dated 9/20/90 14. MAYOR'S MATTERS 17. Discussion - Ban Political Signs 1. Letter from N. McCollum dated 9/15/90 CITY MANAGER MATTERS A. Request to Extend Employm~ Contract 1. City Manager Recommendation dated 9/19/90 2. Employment Contract 3 City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 A G E N D A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 26, 1990 - 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. ~NVOCATION - Reverend Donald E. Swope, First Presbyterian Church of Sebastian / 4. ~R LL CALL 5. ~ MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. /PROCLAMATIONS AND/OR ANNOUNCEMENTS 90.215 Proclamation - Disabled American Veterans - Forget-Me-Not Days - 9/25/90 through 9/27/90 PUBLIC HEARING, FINAL ACTION PUBLIC INPUT A. Non-Aqenda Items None. B. Agenda Items 90.200 88.193 90.181 90.215 90.216 9. CONSENT AGENDA Approval of Minutes - 9/10/90 Special Meeting, 9/12/90 Regular Meeting, 9/17/90 Special Meeting RESOLUTION NO. R-90-37 - Palm Lake Club - Phase I - Final Plat Approval (Resolution, Letter from Mayfield dated 9/14/90) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF PALM LAKE CLUB, PHASE I, CONSISTING OF 25.53 ACRES, MORE OR LESS, LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-90-38 - Stottler Stagg General Release A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A GENERAL RELEASE IN FAVOR OF STOTTLER, STAGG & ASSOCIATES, INC., CONDITIONED ON THE RECEIPT FROM STOTTLER, STAGG & ASSOCIATES, iNC. OF A GENERAL RELEASE SIGNED BY STOTTLER, STAGG & ASSOCIATES, INC. IN FAVOR OF THE CITY IN A FORM IDENTICAL TO THE GENERAL RELEASE ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize Contract with Solin and Associates for Land Development Code Update (City Manager Recommendation dated 9/20/90, Proposed Contract w/ Solin) Bid Award for Entrance Road to New Public Works Building - Henry Fischer & Sons, Inc. - $19,500 (Staff Recommendation dated 9/13/90, Bid Tabulation Form, Notice of Invitation to Bid) Waive Bidding Procedures and Purchase Five (5) Police Pursuit Vehicles - 91 Ford Crown Victoria - Duval Ford, Jacksonville - State Contract Price - $60,198 (Staff Recommendation dated 9/19/90, Memo from Chief dated 9/19/90) 2 90.217 90.218 90.219 90.220 90.221 90.149 90.222 90.187 Reject All Bids - Stevenson Monument (Staff Recommendation dated 9/20/90, Bid Tabulation Form) Waive Bidding Procedures - Golf Course Pro Shop Apparel Purchases (Staff Recommendation dated 9/20/90, Memo from Interim Golf Course Manager dated 9/13/90) Request for Use of Community Center - Ercildoune Youth Bowlers - Fundraiser Dance - 10/27/90 - 8 p.m. to 12 p.m. - A/B - Permittee Mary Lou Long - DOB 9/4/47 - Security Paid (Application) Request for Use of the Community Center - Benefit for Fisherman's Boat Loss - 10/28/90 - 1 p.m. to 5 p.m. - A/B Perm,tree Burr Snell - DOB 2/12/30 - Security Paid (Application) Request for Use of Community Center - V.O.T.E.R. - Workers for School Bond Referendum - 10/4/90 - 7:30 p.m. to 9:30 p.m. - Rick Giteles Perm,tree - Request for Half Fee - Security Paid 10. PRESENTATIONS None. 11. COMMITTEE REPORTS/RECOMMENDATIONS 12. A. PLANNING & ZONING COMMISSION Recommendation Concerning Subdivision Access (Staff Recommendation dated 9/14/90, P & Z Memo dated 9/7/90) B. CONSTRUCTION BOARD Reappointment of Board Members - John Laman & Gerald Carey - Three Year Terms to Expire 10/93 (Staff Recommendation dated 9/18/90, Memo from Board dated 9/12/90, Memo from Laman dated 9/11/90, Memo from Carey dated 9/11/90) OLD BUSINESS City Attorney Request for $5.00 Hourly Rate Increase (Deferred from 8/8/90 Workshop)(Memo from City Attorney dated 7/23/90) 3 13. NEW BUSINESS 90.223 Coastal Florida Police Benevolent Association ("PBA") Collective Bargaining Agreement - Implement Provisions of Article XXiV, "Group Insurance" (Staff Recommendation dated 9/20/90, Portion of Article XXIV of PBA Contract, City Manager Letter to PBA dated 9/20/90) 90.224 Florida State Lodge, Fraternal Order of Police ("FOP") Collective Bargaining Agreement - Implement Provisions of Article XXIV, "Group Insurance" (Staff Recommendation dated 9/20/90, Portion of Article XXIV of FOP Contract, City Manager Letter to FOP dated 9/20/90) 90.225 Communications Workers of America ("CWA") Local 3180 Collective Bargaining Agreement - Implement Provisions of Article 17, "Group Insurance" (Staff Recommendation dated 9/20/90, Portion of Article 17 of CWA Contract, City Manager Letter to CWA dated 9/20/90) 14. MAYOR'S MATTERS 90.226 Discussion - Ban Political Signs (Letter from N. McCollum dated 9/15/90) 15. COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS 90.227 A. Request to Extend Employment Contract (City Manager Recommendation dated 9/19/90, Employment Contract) 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.) 4 RESOLUTION NO.: R-90-37 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF PALM LAKE CLUB, PHASE I, CONSISTING OF 25.53 ACRES, MORE OR LESS, LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer, an individual, owns certain real property located within the corporate limits of the City of Sebastian; and WHEREAS, Henry A. Fischer desires to develop a subdivision on a portion of his real property lying in Sebastian, Indian River County, Florida; and WHEREAS, Henry A. Fischer has submitted a proposed final plat to the City for its approval; and WHEREAS, the final plat submitted meets all requirements as set forth in Section 20A-16.4C of the Land Development Code of the City; and WHEREAS, the final plat bears a Certificate of Dedication, Certificate of Title, and Certificate of Surveyor; and WHEREAS, all required improvements have been completed; and WHEREAS, the City Engineer has determined that all required improvements meet the provisions of the Land Development Code of the City; and WHEREAS, the final plat has been approved by the City Engineer and the City Attorney; and WHEREAS, all other conditions precedent to approval, of the final plat have been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PLAT APPROVAL. The final plat of Palm Lake Club, Phase I, as prepared by James A. Fowler, a Florida registered surveyor, bearing Certificate of Dedication dated June 21, 1990, is hereby approved due to its compliance with Section 20A-16.4C of the Land Development Code of the City of Sebastian and the agreement of the Owner to require the utilization of post lamp lighting by each of the parcels in the subdivision at the time the Certificate of Occupancy is issued in exchange for the waiving of the requirement that street lighting be provided pursuant to Section 20A-16.1(d) of the Land Development Code of the City of Sebastian. Section 2. SIGNING OF THE PLAT. directed to sign the final plat. The Mayor is Section 3. RECORDING OF THE PLAT. The City Clerk is directed to present the final plat to the Clerk of the Circuit Court for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 4. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5.' SEVERABILITY. In the event a court of competent Jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not 'be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. take effect immediately upon its adoption. This Resolution shall 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 W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 4 MASTELLER & MOLER ASSOCIATES, INC. CONSULTING ENGINEERS · LAND PLANNERS Post Office Box 781045 Sebastian, Florida $2978-1045 (407) 589-4800 (407) 589-2742 Fax t'r:z2:, l.e~e:' :~ =C serve, as.: the c;omN, i ~ I or: a~: 6.~s's:c}ol.e~ed wi~lh {ih6, aDc:,ve r'eferenced py :",.]:ec:Z , All lmpFc:vemen t.s: as proposec~ for Phase I of {ne above I'ef 6. r'er~cted pi o.} ~,c:{ nave L,ee~ c::~m},.ieT eci in SLiZ~STa]~{: al compi, lance wLth the appFoved 6tc~z-l.~':~}"k',{:~].o]': ~::la}'~: , '-- ~.,¢; T)¢3~ h~:.~;2_T~"C.e- {C., 'SC',%i.d'~Z'{i 7,'i.~- il y.l>Ll ~.i"e :_.r'., rl~ee.-c{ _.,_.. a:iy addi~ci, one, l irifoFmation wa.t.~ ::ec;e2-c: i:c, the aLpc, ye , 20.200 RESOLUTION NO.: R-90-38 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A GENERAL RELEASE IN FAVOR OF STOTTLER, STAGG & ASSOCIATES, INC., CONDITIONED ON THE RECEIPT FROM STOTTLER, STAGG & ASSOCIATES, INC. OF A GENERAL RELEASE SIGNED BY STOTTLER, STAGG & ASSOCIATES, INC. IN FAVOR OF THE CITY IN A FORM IDENTICAL TO THE GENERAL RELEASE ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has terminated its contract with Stottler Stagg & Associates, Inc. and desires to release Stottler Stagg & Associates, Inc. from any further liability to the City in exchange for its receipt of a general release from Stottler Stagg & Associates, Inc. in favor of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, a general release in favor of Stottler Stagg & Associates, Inc. conditioned on the receipt from Stottler, Stagg & Associates, Inc. of a general release signed by Stottler, Stagg & Associates, Inc. in favor of the City in a form identical to the General Release attached hereto as Exhibit "A" Section 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. take EFFECTIVE DATE. This Resolution shall effect immediately upon its adoption. The fcregoing 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 W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 3 GENEP~L RELEASE For and in consideration of the sum of Two Thousand Dollars ($2,000.00) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the undersigned does hereby release, acquit and forever discharge CITY OF SEBASTIAN, and its present, former and future agents, servants, employees, predecessors, attorneys, and legal representatives from any and all claims, actions, causes of actions, demands,, debts, sums of money, accounts, covenants, contracts, controversies, business dealings, agreements, promises, damages, rights, liabilities, costs, expenses, attorney's fees and injuries of every kind and description whatsoever, which the undersigned and its successors, assigns, agents, representatives, servants~ employees, affiliates now have or might have or which hereafter accrue, whether known or unknown, based on any matter, cause or occurrence from the beginning of the world through the date of this Release including, but not limited to the facts, circumstances, agreements, business dealings and representations that gave rise to the dispute between CITY OF SEBASTIAN and STOTTLER, STAGG & ASSOCIATES concerning amounts due pursuant to invoice No. RS1051, as well as any claims or causes of action that might have been filed therein, and any and all known or unknown, foreseen or unforeseen, developed or undeveloped damages, injuries or consequences, including intentional or fraudulent misconduct, which arose from'or resulted from, or might hereafter arise or result from or out of, the conduct of CITY OF SEBASTIAN, or its agents, servants, employees, predecessors, attorneys, and legal representatives. The undersigned hereby declares, represents and warrants that no promises or inducement not herein expressed have been made; the undersigned is not relying upon any statement or representation of any persons, firms or corporations who are hereby released; that the individual executing this Release on behalf of the undersigned is of sufficient age and legally competent to execute this release and that before signing this release the undersigned has fully informed itself of its contents and meaning. The individual executing this release on behalf of the undersigned is an authorized representative of such corporation and has full power and authority to bind the corporation. It is understood that the parties hereby released specifically deny liability of any sort and this release shall not be construed as admission of liability, and that this release is made to terminate further controversy concerning all claims that the undersigned have asserted or may hereafter assert. STOTTLER, STAGG & ASSOCIATES, INC. BY: STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared to me known to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same for the purposes therein expressed without force, threat or coercion from any person. WITNESS my hand and official seal in the State and County last aforesaid this day of , 1990. Notary Public My Commission Expires: ~ENERAL RELEASE For and in consideration of the General Release executed by STOTTLER, STAGG & ASSOCIATES, INC., other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the undersigned does hereby release, acquit and forever discharge STOTTLER, STAGG & ASSOCIATES, INC., and there present, former and future agents, servants, employees, predecessors, attorneys, and legal representatives from any and all claims, actions, causes of actions, demands, debts, sums of money, accounts, covenants, contracts, controversies, business dealings, agreements, promises, damages, rights, liabilities, costs, expenses, attorney's fees and injuries of every kind and description whatsoever, which the undersigned and its successors, assigns, agents, representatives, servants, employees, affiliates now have or might have or which hereafter accrue, whether known or unknown, based on any matter, cause or occurrence from the beginning of the world through the date of this Release including, but not limited to the facts, circumstances, agreements, business dealings and representations that gave rise to the dispute between CITY OF SEBASTIAN and STOTTLER, STAGG & ASSOCIATES concerning amounts due pursuant to invoice No. RSl051, as well ~as any claims or causes of action that might have been filed therein, and any and all known or unknown, foreseen or unforeseen, developed or undeveloped damages, injuries or consequences, including intentional or fraudulent misconduct, which arose from or resulted from, or might hereafter arise or result from or out of, the conduct of CITY OF SEBASTIAN, or its agents, servants, employees, predecessors, attorneys, and legal representatives. The undersigned hereby declares, represents and warrants that no promises or inducement not herein expressed have been made; the undersigned is not relying upon any statement or representation of any persons, firms or corporations who are hereby released; that the individual executing this Release on behalf of the undersigned is of sufficient age and legally competent to execute this release and that before signing this release the undersigned has fully informed itself of its contents and meaning. The individual executing this release on behalf of the undersigned is an authorized representative of such corporation and has full power and authority to bind the corporation. It is understood that the parties hereby released specifically deny liability of any sort and this release shall not be construed as admission of liability, and that this release is made to terminate further controversy concerning all claims that the undersigned have asserted or may hereafter assert. CiTY OF SEBASTIAN ATTEST: BY: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, officers duly authorized in the State and County aforesaid to take acknowledgments, personally appeared W. E. Conyers, Mayor and Kathryn M. O'Halloran, City Clerk of the City of Sebastian, to me known to be the persons described in and who executed the foregoing instrument, and they acknowledged before me that they executed the same for the purposes therein expressed as the act and deed of the City of Sebastian. WITNESS my hand and official seal in the State and County last aforesaid this day of .......... , 1990. Notary Public State of Florida My Commission Expires: City of Sebastia t POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-557[) SUBJECT: SOLIN AND ASSOCIATES CONTRACT TO UPDATE LAND DEVELOPMENT CODE Approved For Submittal By: City Manager ~~ Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibi ts: Solin & Associates Contract Community Development (BC) 9/20/90 9/26/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council on September 5, 1990 reviewed the contract between Solin & Associates and the City of Sebastian for proposed services Lt~ update the City's Land Development Code to be consistant with the Comprehensive Plan. The City Council directed staff to hav~ the contract revised according to the City Attorney's comments. The contract has been revised and Mr. Solin will be present at the meeting to answer any questions. ~ RECOMMENDED ACTION Move to authorize the Mayor and City Clerk to execute on behalf of the City of Sebastian Solin & Associates contract. RECEIVED SEP 1 3 1990 AGREEMENT FOR PROFESSIONAL SERVICES CITY OF SEBASTIAN WITH SOLIN AND AS_.S_._OCIATES,INC. THIS AGREEMENT, is made and entered into this __ day of ~, 1990, by and between the City of Sebastian, a Florida municipal corporation, hereinafter referred to as the CITY, and Solin and Associates, Incorporated, hereinafter referred to as SAI. WITNESSETH: WHEREAS, the CITY retained SA][ to provide technical assistance in preparing the CITY'S Comprehensive Plan which was subsequently adopted on March 28, 1990; WHEREAS, the CITY desires SAI to provide planning services needed io assist in updating the adopted land development code to implement State requirements pursuant to the City Contract #LP 22-10-40 02-131 (hereinafter referred to as the State Contract) as well as goals, objectives, and policies of the City's Comprehensive Plan; and WHEREAS, SAI desires to continue providing such professional services in accordance with this Agreement; NOW, THEREFORE, in consideration of the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: I. GENERAL SCOPE OF THIS AGREEMENT. This Agreement is intended to define the scope of consulting services required by CITY in order to update the City's land development regulations pursuant to the aforementioned State Contract and consistent with Section 163.3202, F.S. and CH 9J-29 F.A.C. SAI hereby agrees to the provisions of the subject State Contract, including Section IX "Sub-contracts", including subsections A, B, and C. ii. PROFESSIONAL SERVICES A. Objective. The objective is to update the land development regulations pursuant to criteria stipulated in Sec. 163-3202 ..F.S. and CH 9J-29 F.A.C. It shall be the responsibility of SAI to work with the CITY and advise the CITY of solutions to planning issues and to assist in completing tasks herein cited. The CITY's desired end product is a draft ordinance amending the adopted Land Development Code. The proposed draft ordinance shall only include the additional new provisions to be incorporated in the existing Land Development Code. B. Work Program and Schedule. SAI shall assist the CITY by carrying out planning services cited below: Work Program Tasks 1. Scope of Services. SAI shall work with the City's Community Development Director in preparing the scope of services identified in Exhibit A which is attached and is herein incorporated into the terms of this Contract by specific reference. The services undertaken by SA/ shall be performed in accordance with the requirements of Chapter ]63.3202 F.S. and Chapter 9J-29, F.A.C. SAI shall closely coordinate with the CITY to ensure that the land development regulations are responsive to the CITY's needs and interests. 2. Report Reproduction. SAI shall provide the CITY with original copies of all memoranda and reports. Additional copies shall be compensated as reimbursable expense. 3. Meetings and/or Hearings. SAI shall attend up to two (2) meetings to review land development regulations with the City Planning and Zoning Commission and/or the City Council as requested by the CITY. Additional meetings in excess of the two scheduled meetings which may be directed by the CITY shall be compensated as an additional service pursuant to Section V of this Agreement. 4. Pr~ect Schedule and Commencement. SAI will begin work immediately after receipt of a fully executed copy of this Agreement with the retainer identified in Section IV. Such receipt shall constitute notice to proceed. III. COMPEN'bATiON. The CITY agrees to pay SAI a sum of Sixteen Thousand Dollars ($16,000.00) for professional services incurred in preparing the update of the land development regulations, exclusive of reimbursable expenses. In addition to professional fees, the CITY shall reimburse SAI for costs directly chargeable to this Agreement such as: express mail, photocopies, printing, telephone calls, travel expense, or other project related direct expenses. 2 IV. INVOICING PROCEDURE SAI shall receive a retainer of Two Thousand Dollars (2,000.00). SA/shall submit monthly invoices to the CITY for fixed fees and any reimbursable expenses pursuant the schedule set forth below. Invoices shall be due and payable on receipt. Schedule of Fixed Fees Month Fixed Fees Retainer at Cont. Execution $2,000 September $4,000 October $6,000 November $4,000 V. ADDITIONAL SERVICES % of Completion 25 37.5 37.5 A. Additional services shall include revisions and additions to work previously performed which results from 1) a change in a previously stated position of the CiTY beyond the control of the consultant; or 2) a State mandated addition to or change in the code content or format. In addition, SAI will, upon written request of the CITY, provide any and all other planning services including plan implementation services, development review, or other related planning services requested by the CITY. However, such additional services shall be compensated over and above the fixed fee for professional services herein stipulated. Such compensation shall, at the CITY's discretion, be paid at the hourly rate set forth herein or shall be compensated pursuant to an agreed upon fixed fee stipulated in writing and attested to by the parties. Any related additional direct expenses shall be reimbursed pursuant to actual documemcd cost. Professional and technical fees for additional services billed on an hourly fee basis shall be invoiced pursuant to the following schedule: Firm Principals: Seventy Dollars ($70.00/hour) Planners: Fifty Dollars ($50.00~our) Technicians: Thirty-Five Dollars ($35.00/hour) 3 Vi. CITY'S RESPONSIBILITIES A. Review of Work Products. The CITY shall examine documents submitted by SAI and shall render decisions pertaining thereto within a reasonable period of time to avoid delay in schedule. B. Provision of Required Information. The CITY shall make available on a timely basis, necessary ordinances, zoning maps, and other available information relating to the work to be performed pursuant to this Agreement. C. Coordination of Meetings. The CITY shall provide reasonable consideration of prior scheduled commitments of SA][ in setting dates for public meetings which require the attendance of SAI. SA/ shall likewise consider the CITY's public meeting schedule and exercise reasonable care to avoid conflict with the anticipated public meetings of the CITY which require the attendance of SA/. D. Intergovernmental Coordination. The CITY shall provide any necessary introductions and requests for cooperation from the County, State, Federal, and other governmental agencies, and private persons and groups should such cooperation become necessary for the performance of SAI. E. Payment of Invoices. The Director of Community Development and the Finance Director shall ensure payment of all invoices submitted within fifteen (15) days after receiving the same. If the CITY fails to make payment due to SAI for services and expenses within thirty (30) days after receipt of an invoice, SAI may, after giving seven (7) days written notice to the CITY, suspend services under this Agreement without incurring liability due to suspension until SAI has been paid in full all amounts due SAI for SAI's services and expenses. The schedule for work products shall be adjusted accordingly. F. Project Manav. er. The Director of Community Development shall be designated project manager and shall be authorized to direct the consultant to perform planning services identified in this Agreement and shall act as directed on behalf of the City Manager. G. Attorney's Participation. The City Attorney shall represent the CITY and shall be available to SAI for purposes of providing legal services on behalf of the CiTY as may be necessary to fulfill the scope of services and objectives in this Agreement. It is understood by the Parties that SAI shall, at all times material to this Agreement, be considered an independent contractor, and any legal services provided by the CITY Attorney shall be for the sole benefit of the CITY. H. Engineering. The CITY's Engineer or other City Consulting Engineers shall be responsible for providing SAI with and engineered description of the wellfield protection areas within the CITY, including cones of influence. This material is necessary for inclusion in the wellfield protection ordinance. VII. ACCOUNTING RECORDS Records of SAI pertaining to the services provided hereunder shall be kept on a basis of generally accepted accounting principles and shall be available to the CITY or authorized representative for observation or audit at mutually agreeable times. VIII. DISCLAIMER OF LiABILiTY SAI shall at its own expense, maintain during the performance of its services under the Agreement appropriate insurance to include workmen's compensation, general liability and automotive liability. SAI shall hold the CITY harmless for any liability incurred by SAI or its employees. The CITY shall hold SAI harmless for any liability, excepting negligence or intentional tort, incurred by the CITY caused by the adoption or implementation of related planning policies and procedures as may be recommended by SAI to the CITY. For purposes of this Agreement, SAI shall be considered 'an independent contractor. IX. TERMINATION Either the CITY or SAI may terminate this Agreement with cause upon (30) thirty days written notice. In the event that SAI receives notification of the intent of the CI"I'~x to terminate the contract, SAI shall not perform any further services. Upon such notice of termination, SAI will be paid for all services rendered to the date of termination and all reimbursable expenses incurred to the date of termination. All data and materials generated to date of termination shall become the property of the CITY and will be transmitted to same in a swift and timely manner. X. SUCCESSORS AND ASSIGNS The CITY and SAI each bind themselves, partners, successors, assigns, and legal representatives to the other party of this Agreement and to the partners, successors, assigns, and legal representatives of such other party, with respect to all covenants of this Agreement. SAI shall not assign, sublet, or transfer any interest in this Agreement. XI. NON-DISCRIMINATION In the carrying of this Agreement, SAi will not discriminate against any employee or applicant for employment because of sex, race, creed, color, or national origin. In carrying out this Agreement, SAI will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their sex, race, creed, color, or national origin. Such action shall include, but not limited to, the following: upgrading, demotion, or transfer; recruitment or recruitment advertising, ,layoff or termination; rates of pay or other forms of compensation; the selection for training, including apprenticeship. SAI agrees to post in conspicuous places, available to employees and applicants for employment, such notices as may be provided by the CITY setting forth the provisions of this non-discrimination clause. XII. EXTENT OF AGREEMENT This Agreement represents the entire Agreement between the CITY and SAI may be amended only by written instrument signed by the CITY and SAI. XIII. APPLICABLE LAW This Agreement shall be governed by the Laws of the State of Florida, and venue for its enforcement shall be Brevard County, Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed of the day of , of 1990. Signed, sealed, and delivered in the presence of: CITY OF SEBASTIAN Attest: By: Kathryn M. O'Halloran City Clerk Approved as to form and content: City Mayor City Attorney ss Witness LEgq~ER'L. SOL,IN, J~., AICP Principal 7 EXHIBIT A: SCOPE OF SERVICES Land Development Code Update City of Sebastian Report which explains the LDRS are consistent with and implement the adopted comprehensive plan as required by s.163.3202(1), F.S. Regulation for the use of land water for those land use categories included in the land use element and ensure compatibility of adjacent uses and provide for open space. Performance criteria shall be reviewed for consistency with comprehensive plan requirements and additional criteria shall be drafted necessary to manage land use compatibility. Also, a new CG 512 zoning district shall be drafted. Regulations ensuring protection of environmentally sensitive lands designated in the comprehensive plan, including upgrading provisions protecting * wetlands, * traditional wetland, * littoral zones along lakes, ponded retention areas or similar water bodies, * native habitats, * marine life and seagrass beds against impacts of marinas and docks. * shoreline including vegetative cover and stabilization, * landscaping, vegetative communities especially tree canopies, * wellfield protection (City to provide engineering support for the wellfield 1. 9J-29.005(2)(e),F.A.C. 2. s.163.3202(2)(b), F.S. 3. s.163.3202(2)b), F.S. protection ordinance, including engineered description of wellfield cones of influence and other required engineering in a wellfield protection ordinance) * open space retention to protect recharge areas. 4. Regulations providing that public facilities and 4. s.163.3202(2)(g), services meet or exceed the standards established in the capital improvements element. Include substantive and procedural provisions for concurrency management. Address traffic circulation, drainage, wastewater services, potable water service, and recreation resources. All work products will be completed in accordance with the applicable requirements of Chapter 163, F.S., and Rule Chapter 9J-29, F.A.C., as referenced above. 2 City of Sebastian POST OFFICE BOX 780127 tn SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-6330 FAX 407-588-5570 SUBJECT: Bid Award for Entrance Road to New Public Works Building Approved For Submittal By: City Manager ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of Finance (LWN) 9/13/90 9/26/90 Exhibits:Bid Tabulation Form Notice of Invitation to Bid EXPENDITURE REQUIRED: $19,500.00 AMOUNT BUDGETED: $80,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Five timely, responsive, and reasonable bids were received for the entrance road to the new public works building. The low bidder, Henry Fischer & Sons, Inc. was found to be qualified and capable of completing the contract in a workmanlike manner. Their bid was hand delivered to the City Clerk's Office at 1:15 P.M. without the envelope being marked as follows:"Entr~nce Road to New Public Works Building~'as per bidding instructions. This is an informality that may be waived by City Council pursuant to city code sec. 2-63 (j). Adequate funds are budgeted for this project in the Capital Projects Fund. RECOMMENDED ACTION Move the bid for the entrance road t~'~5~ new public works building be awarded to the lowest and best bidder, Henry Fischer & Sons, Inc., of Sebastian, in the amount of $19,500.00. 0-~ ,.Q O~ 0 0 -.~ 0.~ 0 0 U O~ 0 0 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-~330 FAX 407-589-5570 SUBjECT:Bid Award for Stevenson Monument Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda Of Finance (LWN) 9/20/90 9/26/90 Exhibits: Bid Tabulation sheet EXPENDITURE REQUIRED: AMOUNT BUDGETED:S25,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Two bids were received for the construction of the Stevenson Monument. A "no bid" was received from GSX Tank Management, Inc. and a bid of $4,170.00 from Dave Benham Custom Homes. The City is to do all prep work and landscaping leaving the plaque , monument base and walks for the contractor. The bid of $4,170.00 only included the monument base and sidewalks. The pre constuction cost estimate, on the high side, came to $1,000.00 for the monument base and $275.00 for the walkways. Since no other bids were received for comparison, the bid received from Dave Benham is too excessive for the work to be done. RECOMMENDED ACTION Move the bid for the Stevenson Monument be rejected and the City Manager be given authority to negotiate with others for the constuction of a monument for a price not to .exceed ........ $2,000.00. 0 o Z Z 0 z City of Sebastian POST OFFICE BOX 780127 " SEBASTIAN, FLORIDA 32978 I'ELEPHONE (407) 589-6330 FAX 407-589-5570 SUBJECT: waiver of Bidding Procedur~ for Pro Shop Apparel ) ) ) ) Approved For Submittal By: ) ) ) City Manager ) ) ) Agenda No. Dept. Origin Date Submitted For Agenda Of 9,/9~7qn Exhibits:Memo from Intermin Golf Course Manager EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED:none SUMMARY STATEMENT The Intermin Golf Course Manager would like to be granted a waiver of bidding procedure to purchase pro shop apparel. Each purchase of inventoriable merchandise must be done by purchase order regardless of cost. The waiver is necessary for compliance of City Code sec. 2-63 (b) and (c), and prusuant to city code sec. 2-64 (j), "The City Council may waive or modify the bidding procedure on specific contracts for good cause." For further justification please refer to attached memo from the Intermin Golf Course Manager. RECOMMENDED ACTION Move a waiver of bidding procedure be granted for the purchase of pro shop apparel. DATE: TO: FROM: RE: ~September 13, 1990 Robb Mccla~y, City Manager Jim DeLarme, Interim Manage Purchase of Merchandise I would like the bid procedure to be waived in regard to Pro-shop apparel purchases. These purchases I regard as sole source purchases. The reason as we both know is that-no two manufactures of apparel are the same in design, quality or pricing. When buying, coordinating outfits come into the picture for merchandising, it is a must to have these orders come in together rather than separated by a month to get under the $2,000.00 mark. Size runs also become incomplete when trying to stay under $2,000.00. This also reduces sales for lack of total stock. Discount incentives come into play when buying and each company-is different in this regard. I hope the Council can understand this reasoning and waive the bid procedure in regard to the purchasing of Pro-Shop apparel. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION COMMUNITY CENTER ~/ YACHT CLUB Number of Persons constituting group or organization, 7=. Please answer Y~$ or 1) Are kitchen facilities required7 2) 3) 4) 5) Are you a resident of Sebastian? ?~ Will decorations be put up? ~ Will there be an admission or door charge? _~ Will alcoholic beverages be served? /~q~ If answer to ,5 is yes - /?/. /.._ (a, permittee's proof of age ~i/~Z.~7 (b) If alcohol, is to be served, permission is required by the City CoFnct%. Your request will bo presented to Council Amount of Rental 7% Tax: Sncurity Dep~sit: __$~Q.~-~--~ Total Rental: Make checks payable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk 7'0 BE FILLED IN BY CITY CLERK'S OFFICE ~_~,~5~- by Check ~"-~(ordatecash ) in the amount of initial Rental Fee paid on by Check ~ (date) in tile amount of or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENiED, f'ee Waiver Request heard at the Council Meeting on __(date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check # amount of on in the (~e). Amount kept for damages (if applicable). \ws-form\rentapp City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32918 TELEPHONE (407) 589-6330 FAX 407-589-5570 SUBJECT: Waiver of Bidding Procedure Approved For Submittal By: City Manager ) Agenda No. ) ) Dept. Origin Date Submitted 9.19-90 _ For Agenda Of -_9~-9/~__ Exhibits: Memo from Chief of Police EXPENDITURE REQUIRED: $60,198.00 AMOUNT BUDGETED: .$66,000.00 APPROPRIATION REQUIRED: FY '91 SUMMARY STATEMENT The Chief of Police wishes to purchase five (5) 1991 Ford Crown Victoria police pursuit vehicles. Ford Motor Company has agreed with the State of Florida to honor the State Contract price for the '90 Ch~vy Caprice pursuit vehicles which was $12,196.00. This is for a limited time only and Duval Ford of Jacksonville only received 144 of these vehicles as Ford Motor Company will not deliver any more at this price. They currently have 44 available for purchase. Pursuant to City Code Sec. 2-64(j), "The city council may waive or modify the bidding procedure on specific contracts for good cause." RECOMMENDED ACTION Move a waiver of bidding procedure be granted and the City Manager be given authority to purchase five (5) 1991 Ford Crown Victoria police pursuit vehicles from Duval Ford, of Jacksonville, for the 1990 State Contract price. SEBASTIAN POLICE Post Office Box 780127 Sebaslian, FL 32978-0127 (407) 589-5233 MEMO Date To From Subject September 18, 1990 RobbMcClary,. City Manager Earle L. Petty, Chief of Poli~ Request for Waiver of Bid At this time I am respectfully requesting authorization for a waiver of bid procedure to purchase five (5) 1991 Ford Crown Victoria police vehicles. Justification for request: We currently have the opportunity to purchase five (5) new 1991 Ford Crown Victoria's from Duval Ford in Jacksonville, Florida. These vehicles w~]l be sold to us at the current state contract price which was offered by Chevrolet. These vehicles are available to us at below s~e contract price on Fords which has been awarded to Duval Ford for our budget year 1989 - 1990. In anticipation of purchasing replacement vehicles this budget year 1990 - 1991 the police department has learned the 1992 Chevrolet will change considerably on the 1992 production model. I feel the 1991 - 1992 contract price for all vehicles w~]l be more than the current price available to us. It is myreccnmendation that the Ford pursuit vehicle will better suit the needs of the police department and that at the cost these units should not be passed up. This request is for a limited time only, other agencies are purchasing this surplus inventory quickly therefore your earliest response would be appreciated. DJP/jh CITY OF SEBASTIAN RENTAL P~RMIT APPLICATION COMMUNITY CENTER / YACHT CLUB Name of Renter/prganizstion Number of Persons constituting group or organization~ .e son. o ,Rentsl SEN E ,'F Requested Date O~q--~ Time of Day: From ~ Please answer YES or NO: 1) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) Will decorations be put up? __~O 4) Will there be an admission or door charge? 5) Will alcoholic beverages be served? (a) if answer to ,5 i~ yes - c~//~/.¥/' -/%~ permittee's proof of age (b) If alcohol is to be served, permission is required by the City C~ur~cil.~ Your request will be presented to Council Amount of Address of Permiftee: ///~ ~ J,~ APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK;-~ OFFICE ~m~~S e~ ?~r! t ~,~e_.pos i tbyPaidcheck°n~'~-F/~~( date )or Cashin the amount of initial Rental Fee paid on (date) in the amount of by Check # or Cash initial Alcoholic Beverage Request beard at tbs Council Meeting on __(date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on __(da%e). Request APPROVED/DENIED. K~y Pickup Date Key Return Date Security Deposit returned by City Check # amount of on Amount kept for damages (if applicable). \ws-form\rentspp in the (date). CITY OF SEBASTIAN RENTAL PERMIT APPLICATION X COMMUNITY CENTER YACHT CLUB Rick Giteles Name of Renter/grganization V.0.T.E.R. - Contact Rene' G. ~anDeVoorde 0R Number of Persons constituting group or organization: 18 Reason for,Rental Workers for School Bond Referendum Requested Date October 4, 1990 Time of Day: From 7:30PM To 9:30PM Please answer YES or NO: 1) Are kitchen facilities required7 NO 2) Are you a resident of Sebastian7 NO 3) Will decorations be put up? NO 4) Will there be an admission or door charge? NO 5) Will alcoholic beverages be served? NO (a) (b) if annwer to ~5 is yes - permittee's proof of age N/A If alcohol is to be served, permission is required by the City Council. Your request will be presented to Council on N/A Amount of Rental $50.00 7% Tax: Security Deposit: $ $250.00 Total Rental: $ 53.50 Name of Permittee: V.O.T.E.R. - Rick Giteles Addresa of Permittee: 12415 Roseland Road, Sebastian, Florida 32958 589-7222 Telephone No.: ~aE)~ Date of Application 09/20/90 Make checks payable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Security Deposit paid on by Check (date) in the amount of or Cash initial Rental Fee paid on by Check (date) in the amount of or Cash initial Alcoholic Beverage Request heard at the Council Meeting on __(date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on .... (date). Request APPROVED/DENIED. Key Pickup Dnte KeF Return Date Security Deposit returned by City Check # amount of on Amount kept for damages (if applicable). \ws-form\rentapp in the (dato). City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589*5330 FAX 407-589-5570 SUBJECT: RECOMMENDATION FROM PLANNING & ZONING COMMISSION CONCERNING SUBDIVISION ACCESS Approved For Submittal By: City ManaGer ~~ Dept. Origin Community Development (BC),~ Date Submitted 9/14/90 For Agenda Of 9/26/90 Exhibits: Memo Dated 9/7/90 From Planning & Zoning EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council on August 8, 1990 asked staff to present to the PlannS~no & Zoning Commission, the City Council's concerns regarding the proposed ordinance amendment regarding new subdivisions to construct two means of ingress and egress. City Council was incline to allow one access, if the developer was to install an emergency access }n' lieu of the 2nd required access. Attached is the Planning & Zoning Commission'~ recommendation that would require. 2, access points but, allows the developer to request a waiver ~nder Section 20A-16.1(D) of the Land Development Code. RECOMMENDED ACTION Review the proposed amendment. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: SEPTEMBER 7, 1990 TO: FROH: MAYOR AND CITY COUNCIL PLANNING AND ZONING SECRETARY THROUGH: BRUCE COOPER DIRECTOR OF COMMUNITY DEVELOPMENT RE: PROPOSED ADDITION TO SECTION 20A17.2A1 (E) PLEASE BE ADVISED THAT ON SEPTEMBER 6, 1990 THE PLANNING AND ZONING COMMISSION AGAIN REVIEWED THE ABOVE SECTION FOR POSSIBLE REVISION. THE ATTACHED PROPOSED ADDITION IS THE NEW DRAFT FOR POSSIBLE APPROVAL. THE COMMISSION REQUESTED THAT THIS LETTER OF dUSTIFICATION BE ATTACHED TO THEIR PROPOSAL SO THAT YOU WOULD BETTER UNDERSTAND WHY THEY ARE REQUESTING T. HZS CHANGE. THE MAIN REASON IS SAFETY FOR THE PUBLIC. EXAMPLE: IF THE PLANE CRASH IN ROSELAND HAD BEEN FURTHER EAST AND BLOCKED THE ENTRANCE TO RIVERS EDGE, NO EMERGENCY VEHICLES OR VEHICLES OF ANY SORT COULD HAVE GOTTEN THROUGH TO THE HOMES ZN THAT SUBDIVISION FOR SEVERAL HOURS, BECAUSE THERE IS ONLY ONE WAY ZN AND ONE WAY OUT, THE INTENT OF THE CHANGE ZS NOT TO HINDER THE DEVELOPER BUT TO PROVIDE FOR THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS WITHIN THAT SUBDIVISION. SHOULD YOU HAVE ANY FURTHER QUESTIONS, PLEASE FEEL FREE TO CONTACT OUR OFFICE. LK:LK PROPOSED ADDITION OF PARAGRAPH (E) TO SECTION 20A17.2A1 AS FOLLOWS: RE; ACCESS - SUBDIVISION ALL SUBDIVISIONS SHALL HAVE AT LEAST TWO PUBLIC MEANS OF PUBLIC INGRESS AND EGRESS UNLESS ADJUSTMENTS ARE APPROVED AS SET OUT IN SECTION 20A-16.1D. THEY SHALL, IF POSSIBLE OPEN UPON DIFFERENT ARTERIAL OR MAJOR COLLECTOR STREETS. IF IT IS NOT POSSIBLE FOR THE INGRESS/EGRESS TO OPEN UPON DIFFERENT ARTERIAL OR MAJOR COLLECTOR STREETS, THEN THE MEANS OF INGRESS/EGRESS SHOULD BE SEPARATED BY AT LEAST ONE THOUSAND (10610) FEET IF POSSIBLE, UPON THE ARTERIAL OR MAJOR COLLECTOR STREET ON WHICH THEY OPEN. ZF SECOND MEANS ZS NOT PROVIDED, THEN AT LEAST ONE EMERGENCY INGRESS/EGRESS WILL BE REQUIRED. ALL EMERGENCY INGRESS/EGRESS SHALL BE APPROVED BY THE CiTY ENGINEER, City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978 TELEPHONE (40'/') 589-5330 FAX 407-589-5570 SUBJECT: REAPPOINTMENT OF CONSTRUCTION LICENSE BOARD MEMBERS Approved For Submittal By: City Manager Dept. Origin Community Development (BC~/ Date Submitted 9/18/90 For Ageuda Of 9/26/90 Exhibi ts: Memo dated 9/12/90 from Construction Board Letter dated 9/11/90 from John Laman Letter dated 9/11/9D from Gerald Carey EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Construction Licensing Board has recommended that Mr. John Laman and Mr. Gerald Carey be reappointed to another term to the Construction License Board. RECOMMENDED ACTION Review recommendation and if appropriate, reappoint Mr. Laman and Mr. Carey to the Construction License Board. MEMO September 12, 1990 TO: FROM: Mayor ConFers Council Members Secretary Sebastian Construction Board THROUGH: Bruce Cooper Director of Community Development RE: Term Reappointment At their meeting of 9/11/90, the Sebastian Construction Board made and passed unanimously the following motion: MOTION BY MR. NEUBERGER, SECONDED BY VICE CHAIRMAN LAMAN TO REAPPOINT GERALD CAREY AND JOHN LAMAN TO SERVE ANOTHER TERM ON THE SEBASTIAN CONSTRUCTION BOARD. CARRIED. Attached are letters from Mr. Carey, General Contractor and Mr. Laman, General Contractor requesting reappoint to serve another term on the Board. September 11, 1990 TO: Mayor Conyers Council Members .~~.~ /~~ FROM: John Laman r~/~' ll~/~"'-""~ Sebastian Construction Boa Please be advised that my appointment as the general Contractor on the Construction Board expires October, 1990. I wi~h to be con~idered for re-appointment to serve another term on the Board. Number of absences from January, 1989 through August, 1990: 9 - all excused. September 11, 1990 TO: FROM: Mayor Conyers Sebastian ConStrJction Board Please be advised that my appointment as the General Contractor on the Construction Board expires October, 1990. i wish to be considered for re-appointment to serve another term on the Board. Number of absences from January, 1989 through August, 1990: 5 - all excused. M 1~ M 0 R A N D U M TO: FROM: RE: DATE: The Honorable W.E. Conyers, Mayor and Members of City Council Charles Ian Nash, city Attorney ~/~ city Attorney Contract/Fees July 23, 1990 I hereby formally request that effective with the beginning of the next fiscal year of the city of Sebastian, October 1, 1990, the hourly rates charged by attorneys at our law firm to the City of Sebastian for non-litigation matters be increased to $75.00 per hour, and the rate for litigation matters be increased to $90.00 per hour. Please note that the current hourly rate for non-litigation matters is $70.00 per hour and the current rate for litigation matters is $85.00 per-hour. It is my opinion that these rates are fair and reasonable and in keeping with rates charged by other quality law firms providing legal services to municipalities. Thank you for your consideration of my request. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: PBA Group Insurance ) ) ) ) ) ) Approved For Submittal By: ) ) ) ) city Manager ) ) ) Agenda No. Dept. Origin City Manager Date Submitted 9/20/90 For Agenda Of 9/26/90 Exhibits 9/20 letter to PBA Article XXIV of Contract EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City entered into a three-year collective bargaining agreement with the Police Benevolent Association ("PBA") ~n October, 1989. This year, both the City and the PBA could request to re-open three articles; wages automatically re-open. We have'met on several occasions and have progressed in tentative agreement for selected new contractual articles; however, our negotiations remain incomplete. On September 20th, the City provided the PBA with our "last and best" offer. It is virtually impossible for new articles to be adopted by the City Council and ratified by the PBA membership by the September 30th deadline. Accordingly, the terms of the existing contract continue in effect. Attached you will find a copy of Article XXIV, Group Insurance, of the current contract. This article requires the city to notify the PBA of increased insurance costs; this was done on September 4th. The Article also gives the City the option of obtaining substitute coverage. It is impossible for the staff to - 2 - prepare formal Request for Proposals ("RFP"), issue the RFP, analyze responses, recommend firms to you, and negotiate with insurance carriers within the given timeframe. Accordingly, we have consideration: identified two options for City Council (1) The City may continue to pay for individual and dependent insurance coverage at the Fiscal Year 1989-1990 rate and require employees to pay the increased premium rate in effect on October 1, 1990. This would mean $15.70 monthly for those employees with individual coverage and $43.66 monthly for dependent coverage. (2) The City may pay the full increased premium' rate for individual and dependent insurance coverage. RECOMMENDED ACTION Select one of the two options outlined above. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 September 20, 1990 Mr. Jack Davenport Coastal Florida Police Benevolent Association 730 South Atlantic Avenue Suite 204 Ormond Beach, Florida 32176 Dear Mr. Davenport: The City of Sebastian has given careful consideration to the positions of the PBA on those items as to which we have not been able to agree in collective bargaining negotiations this year. The open issues are as follows: (1) Waqes The City has offered a four percent increase effective October 1, 1990. The Union has rejected percent across-the-board effective October 1st. this offer and increase plus across-the-board wage has requested a four $2,000 across-the-board (2) Group insurance The City has offered to continue to pay the full cost of group insurance (individual employee and dependent coverage). The Union "passed" on this proposal session. at our last bargaining (3) Cleaninq Allowance The Union requested the cleaning allowance be increased to $50 monthly; the City, in turn, offered $40 monthly. The Union then requested $45 monthly. Mr. Jack Davenport September 20, 1990 Page Two (4) Sick Leave The Union has requested any unused sick leave balance "be sold back" upon separation from City employment. For fiscal reasons, the City has not supported this request. The City has determined that its positions on the remaining open issues, as outlined above, are its "last and best offer." The City is willing to continue to meet with the PBA to discuss these issues if you believe further negotiation would be productive. If an agreement on a successor contract is not reached by October 1, 1990, the city will, in accordance with law, continue to observe the terms of the existing contract. It is the City's position that any increase in pay or benefits which is negotiated after October 1, 1990 will not be retroactive. Moreover, under the terms Article XXIV, existing contract: Group I~surance, of the It is expressly understood by all parties that the Employer shall not be obligated to pay for any additional group insurance premiums which the present carrier may demand on or after October 1, 1990, for continuation of employee or dependent coverage.. In the event that the present carrier increases the premium rate for the group insurai~ce coverage in effect on October 1, 1990, the Employer agrees to notify the Union as soon as is practicable. The Union agrees that the Employer may, at its discretion, on or after October 1, 1990, obtain substitute insurance coverage from another carrier which is available at the existing premium costs; or require each covered employee to contribute his/her pro rata share of the increased premium cost for the employer and/or dependent coverage, whichever may be applicable. (emphasis added) Mr. Jack Davenport September 20, 1990 Page Three On September 4, 1990, you were advised, in writing, of the increased insurance costs. It is the city's sincere hope that a successor contract can be reached before October 1st. However, in the event a successor contract is not in place by october 1st, the City fntends to implement fully the terms of the existing contract insofar as group insurance is concerned. Please contact me if you wish to schedule another bargaining session. Sincerely yours, Robert S. McClary City Manager cc:Mayor W.E. Conyers and City Council Members parties that the Employer shall not be obligated to pay for any additional group insurance premiums which the present carrier may demand on or after October 1, 1990, for continuation of employee or dependent coverage. Section 2= In the event that the present carrier increases the premium rate for the group insurance coverage in effect on October 1, 1990, the Employer agrees to notify the Union as soon as is practicable. The Union agrees that the Employer may, at its discretion, on or after October 1, 1990, obtain substitute insurance coverage from another carrier which is available at the existing premiums costs; or require each covered employee to contribute his/her pro rata share of the increased premium cost for the employer and/or dependent coverage, whichever may be applicable. In the event that the present carrier, increases the premium rate for the group insurance coverage in effect between October 1, 1989, and September 30, 1990, the parties agree that the Employer shall pay all such costs. Section 3: Regular full-time employees shall be eligible for group insurance coverage after sixty (60) days of continuous employment with the City. Part-time and temporary employees shall not be eligible for group insurance coverage. 31 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: FOP Group Insurance Approved For Submittal By: City Manager Agenda No. Dept. Origin city Manager Date Submitted 9/20/90 For Agenda Of 9/26/90 Exhibits 9/20 letter to FOP Article XXIV of Contract EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City entered into a three-year collective bargaining agreement with the Fraternal Order of Police ('~FCP"). This year, both the city and the FOP could request to re-open three articles; wages automatically re-open. We met on several occasiohs, and, at our last meeting, we reached tentative agreement on all issues. In fact, the FOP representative said he would endorse the proposals and take them to a vote of the membership. The City was subsequently advised the FOP membership accepted the City's Group Insurance proposal and rejected the wage offer. Therefore, our negotiations remain incomplete. Subsequently, on September 20th, the city provided the FOP with our "last and best" offer. It is virtually impossible for new articles to be adopted by the City Council and ratified by the FOP membership by the September 30th deadline. Accordingly, the terms of the existing contract continue in effect. ~ 2 - Attached you will find a copy of Article XXIV, Group Insurance, of the current contract. This article requires the City to notify the FOP of increased insurance costs; this was done at one of the sessions. The Article also gives the City the option of obtaining substitute coverage. It is impossible for the staff to prepare formal Request for Proposals ("RFP"), issue the RFP, 9nalyze responses, recommend firms to you, and negotiate with · nsurance carriers within the given timeframe. Accordingly, we have identified consideration: two options for City Council (1) The City may continue to pay for individual and.dependent insurance coverage at the Fiscal Year 1989-1990 rate and require employees to pay the increased premium rate in effect on October 1, 1990. This would mean $15.70 monthly for those employees with individual coverage and $43.66 monthly for dependent coverage. (2) The City may pay the full increased individual and dependent insurance coverage. premium rate for RECOMMENDED ACTION Select one of the two options outlined above. City of Sebastian POST OFFICE ROX 780127 ri SFBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 september 20, 1990 Mr. Charles A. Salerno Executive Secretary Florida State Lodge Fraternal Order of Police 242 office Plaza Tallahassee, Florida 32301 Dear Mr. Salerno: During the course of our negotiations, we tentatively agreed to revisions in the following articles of our current labor agree- ment: (1) Education; (2) Leave of Absence; (3) Group Insurance; (4) Wages; (5) Promotions; and (6) Holidays~. At our last negotiating session, you endorsed the proposed articles, and stated your intention to take the matter to the membership. On September 11, I received the enclosed notice from William Render advising me the Union rejected the City's four percent salary increase and accepted the city's insurance offer. Un- fortunately, this memorandum does not address the remaining issues. The city of Sebastian has given careful consideration to the position of the FOP on the item as to which we have not been able to. agree in collective bargaining negotiations this year -- namely, wages. The City has offered a four percent across-the-board wage increase effective October 1, 1990. The Union has rejected this offer. The City has determined that its position on the remaining open issue, as outlined above, is its "last and best offer." The City is willing to continue to meet with the FOP to discuss this issue if you believe further negotiation would be productive. Mr. Charles A. Salerno September 20, 1990 Page Two If an agreement on a successor contract is not reached by October 1, 1990, the City will, in accordance with law, continue to observe the terms of the existing contract. It is the City's position that any increase in pay or benefits which is negotiated after October 1, 1990 will not be retroactive. Moreover, under the terms Article XXIV, existing contract: Group Insurance, of the it is expressly understood by all parties that the Employer shall not be obligated to pay for any additional group insurance premiums which the present carrier may demand on or after October 1, 1990, for continuation of employee or dependent coverage. In the event that the present carrier increases the premium rate for the group insurance coverage in effect on October 1, 1990, the Employer agrees to notify the Union as soon as is practicable. The Union agrees that the Employer may, at its discretion, on or after October 1, 1990, obtain substitute insurance coverage from another carrier which is available at the existing premium costs; or require each covered employee to contribute his/her pro rata share of the increased premium cost for the employer and/or dependent coverage, whichever may be applicable. (emphasis added) At a prior bargaining session, you were advised of the increased insurance costs. The increased individual coverage is $15.70 monthly, and the increased dependent coverage is $43.66 monthly. It is t-he City's sincere hope that a successor contract can be reached before October 1st. However, in the event a successor contract is not in place by October 1st, the City intends to implement fully the terms of the existing contract insofar as group insurance is concerned. Mr. Charles' A. Salerno September 20, 1990 Page Three Please contact me session. if you wish to schedule another bargaining Enclosure cc:Mayor W.E. Conyers and City Council Members Sincerely yours', Robert S. McClary i~'"' City Manager SEI;ASTIAN 1'(-)I,i Cf;, I)I;,I~A I¢'I'M I;,N'I' RECEIVEi.)SEI' 1 1 199U Po~l Ofllce Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 ft I~HO · q~pLemt~or I I , 1 Rcfl~h Hc:CI~r'y, C.~.t-y F'.t}.P. Co~lt-.r_~c:L 1990-91 , {}[[er ¢)l~ F;r,[~t:on{~or- fitlt, lqq() l;h.~, ln~lllJ~eir-~ of t:l~ Iv.O.P. l]lli=ll~JlliOtl~.l.y re_jocl,'cl l:h~ c'it:,,''n c~ffr, r ~r 4~. .~nl~r¥ ~ncrense, however i:he ~II~llF~IIC.'O C)ffOT7 ~,q~ ~]~nnimot],~ly ~ccopt:od. ARTICLE XXIV GROUP INSURANCE Section 1. 'During the term of this Agreement, the Employer agrees to pay the premium in effect on October 1, 1989 to provide continued group insurance coverage to regular full time employees and their eligible dependents. It is expressly understood by 811 parties that the Employer shall not be obligated to pay for any additional group insurance premiums which the present carrier may demand on or after October 1, 1990 for continuation of employee or dependent coverage. Section 2. In the event that the present carrier increases the premium rate for the group insurance coverage in effect on October 1, 1990, the Employer agrees to notify the Union as soon as is practicable. The Union agrees that the Employer may, at its discretion, or or after october 1, 1990, obtain substitute insurance coverage from another carrier which is available at the existing premium costs: or require each covered employee to contribute his/her pro rata share of the ~ncreased-premium cost for the employee and/or dependent coverage, whichever may be applicable. In the event that the Present carrier increases the premium rate for the group ~nsurance coverage in effect between October 1, 1989 and September 30, 1990, the parties agree that the Employer shall pay all such costs. 45 City of Sebastian POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Approved For Submittal By: City Manager CWA Group Insurance --- Agenda No. Dept. Origin City Manager Date Submitted 9/20/90 For Agenda Of 9/26/90 Exhibits 9/20 letter to CWA Resolution No. R-89-52 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUM~5~RY STATEMENT The full Communications Workers of America ("CWA") collective bargaining agreement expires on September 30, 2990. City and CWA representatives have met on numerous occasions and have ~rogressed in tentative agreement for a new contract. Three issues remain outstanding: wages, group insurance, and substance abuse testing. On September 20th, the City provided the CWA its "last and best offer." It is virtually impossible for a new contract to be adopted by the City Council and ratified by the CWA membership by the September 30th deadline. Accordingly, the terms of the existing contract continue in effect. On September 13, 1989, the City Council, R-89-52, updated the CWA contract with insurance. With respect to Article 17, addendum states: by Resolution Number respect to wages and Group Insurance, the - 2 - Section 1. The City agrees to pay any increases in insurance premiums for group coverage that go into effect on or after October 1, 1989, and to continue to provide group insurance coverage to regular full-time employees and their eligible dependents as has been previously provided. It is expressly agreed and understood, however, that the City's obligation to provide such coverage shall terminate on September 30, 1990, and that nothing in this agreement shall expressly or impliedly obligate the City to continue the health insurance coverage for regular full-time employees and their eligible dependents beyond September 30, 1990. (emphasis added) Accordingly, we have identified three options consideration: for City Council (1) The City may require each member of the CWA bargaining unit to pay the full amount of insurance costs. This is $172.63 monthly for individual insurance coverage or $476.88 monthly for dependent insurance coverage. (2) The City may continue to pay for individual and dependent insurance coverage at the Fiscal Year 1989-1990 rate and require employees to pay the increased premium rate in effect on October l, 1990. This would mean $15.70 monthly for those employees with individual coverage and $43.66 monthly for dependent coverage. (3) The City may pay the full increased premium rate for individual and dependent insurance coverage. RECOMMENDED ACTION Select one of the three options outlined above. Cit. l,, of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-$570 September 20, 1990 Mr. Michael L. Grieco CWA Representative Communications Workers of America, AFL-CIO 4500 North State Road 7 Suite 224 Lauderdale Lakes, Florida 33319 Dear Mr. Grieco: The City of Sebastian has given careful consideration to the positions of the CWA on those items as to which we have not been able to agree in collective bargaining negotiations this year. The open issues are as follows: (1) Waqes The City has offered a four percent across-the-board wage increase effective October 1, 1990. The Union has rejected this offer and has requested percent across-the-board increase effective October 1st. a seven (2) GrouD Insurance The City has offered to continue to pay the full cost of group insurance (individual employee and dependent coverage) -- including health, dental, and life in the amount of $6,000 for full-time employees. The Union wants to double life insurance coverage for full-time employees to $12,000, and they have proposed coverage for part-time employees of $6,000. Additionally, the Union has requested health insurance coverage, on a pro-rata basis, for part-time employees. Mr. Michael' L. Grieco September 20, 1990 Page Two (3) Substance Abuse The City has proposed a comprehensive substance abuse testing program whereby employees would be tested under the following circumstances: (1) pre-employment; (2) with an annual physical; (3) promotion; (4) reasonable suspicion; (5) if involved in an accident on-duty; and (6) within one year of prior counseling or discipline. The Union has rejected this proposal. The City has determined that its positions on the remaining open issues, as outlined above, are its "last and best offer." The ~ity is willing to continue to meet with the CWA to discuss these issues if you believe further negotiation would be productive. If an agreement on a successor contract is not reached by October 1, 1990, the City will, in accordance with law, continue to observe the terms of the existing contract. It is the City's position that any increase in pay or benefits which is negotiated after October 1, 1990 will not be retroactive. Moreover, under the terms of the existing contract (1989 addendum -- a co~y of which is enclosed), the City's obligation to provide group insurance coverage to full-time employees and their eligible dependents shall terminate on September 30, 1990. The addendum specifically states that: nothing in this agreement shall expressly or ~mpliedly obligate the City to continue the health insurance couerage for regular full-time employees and their eligible dependents beyond September 30, 1990. Mr. Michael L. Grieco September 20, 1990 Page Three It is the City's sincere hope that a successor contract can be reached before October 1st. However, in the event a successor contract is not in place by October 1st, the City intends to implement fully the terms of the existing contract insofar as group insurance is concerned. Please contact me if you wish session. to schedule another ~argaining Enclosure cc:Mayor W.E. Conyers and City Council Members Sincerely yours, Robert S. McClary/~' City Manager ~/ ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF SEBASTIAN AND COMMUNICATIONS WORKERS OF AMERICA WHEREAS, the City of Sebastian and the Communications Workers of America are parties to a Collective Barg~ining Agreement that commenced on October 1, 1987, and terminates on September 30, 1990; and WHEREAS, pursuant to the Collective Bargaining Agreement, the communfcations Workers of America opened for negotiations the Article on Salary, Article 22, and Group Insurance, Article 17; and WHEREAS, the parties have met and bargained and reached an agreement amending these provisions; and WHEREAS, the parties wish to amend the agreement as set fort]] hereinbelow. NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. The Collective Bargaining Agreement between th~ parties which commenced on October 1, 1987, and which terminates on September 30, 1990, shall be amended as hereinbelow set forth, with such amendment to take effect on October 1, 1989, through and including September 30, 1990. 2. Article 17, Group Insurance, is hereby amended and, as amended, shall provide as follows: "Article 17 - Group Insurance: Section 1. The City agrees to pay any increases in insurance premiums for group coverage that go into effect on or after October 1, 1989, and to continue to provide group insurance coverage to regular full-time employees and their eligible dependents as'has been previously provided. It is expressly agreed and understood, however, that the City's obligation to provide such coverage shall terminate on September 30, 1990, and that nothing in this agreement shall expressly or impliedly obligate the City to continue the health insurance coverage for regular full-time employees and their eligible dependents beyond September 30, 1990." 3. Article 22, Salary, shall be amended and, as amended, shall read.as follows: "Article 22 - Salary: Effective October 1, 1989, the existing step plan shall increase by $500.00 across the board for each step in the plan. As amended, the step plan that will go into effect on October 1, 1989, is set forth herein as Exhibit "A," and incorporated herein by reference." 4. In all other respects, the Collective Bargaining Agreement between the parties, except as expressly modified hereinabove, shall remain unchanged and shall continue in ~ull force and ~ffect through and including September 30, 1990. CITY OF SEBASTIAN By: / ...... R~chard B. Votapka, Mayor COMMUNICATIONS WORKERS OF AMERICA 2 September 15, 1990 Mayor Will Conyers City of Sebastian P.O, Bo=~ 780127 Sebastian, Florida Dear Mayor Conyers: Allow me to express my appreciation to you for the great Job you are doing as our city's mayer. Your leadership and dedication has shown to be a real difference in the direction of our city. I know that when controversial items such a~ the deletion of the Assistant City Manager position comes up for a vote, it is a difficult vote but, you have always stuck to your campaign promises. This brings me to the reason for this letter. During the 1990 campaign both you and Lonnie Powell stated that one of the first thin~ ¥~u would d.o in office would be to elimina~e the use of political signs w~thin the City of Sebastian. After the State of Florida Primary that was held two week~ ago, very few political ~igns were removed from the city. To this date, many of those political s'[Ens stt].l remain in view.and show no sign~ of leaving our view. A~ we inch clo~er to the March election for the City of S~bastian, ! feel now is the time to enact the legislation necessary to ban these ~lEns from our city. I know you feel the same way about this issue and that is why I am writing you now. I realize the city has many more pressinE issues but, if we do not ban these signs soon, the taxpayer, s will again have to assume the bill for the cost of cleanup when the candidates refuse to remove their signs. Allow me to thank you in advance for your assi~ance and cooperation in this matter'. ! look reward to ob~erving action by the city council on 'this matter. As always, should you have any questions, please do not hesitate to contact me. Sincerely, Nathan B. McCollum 1448 Laconia Street Sebastian, Florida 32958 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: city Manager Employment Agreement Approved For Submittal By: ) ) City Manager ~/ --~ ' ) Agenda No. Dept. of origin: ~ Ma~aqer Date Submitted: 09~,,19/90 For Agenda Of: 09/26/90 Exhibits: - city Manager Employment Agreement EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The employment agreement between the City and the City Manager provides for one (1) year renewals one (1) year in advance. Therefore,. the next renewal period is for calendar 1992 to be renewed by December 31, 1990. RECOMMEND ACTION Consider renewal of City Manager Employment Agreement. EMPLOYMENT .,CONTRACT This S~b~stian, Florida, a municipal corpor~ion, and Robert S. McOary (McClary) on this ,c,"' of WHEREAS, the City is a chm'ter City within the mem~in8 of the constitution of the State of Florida and is authorized to exercise those powers permitted by th~ City charter and S~e statute; and WHEREAS, the terms und conditions of employment of a City Munu~...r within the powers deleffaied, express and implied, to the City b~ the City clmrier and State ~tute; and WHEREAS, it is in the public interest ~d ,~.rves the health, s,~ety and welfare of the citi~ns of the Cii~ to employ McClm~ us City lvlan~r upon such terms und conditions us will promote his continuous productivity and efficiency~ provide him with reason~ employment ~ financi~ security and set forth a fair, equit~le and orderly means for termination of such e~nploYment; and WHEREAS, McCtary m~d the City desire to a~;ree upon and set forth the followin8 terms of his employment as City Man~er of the City of S~b~ti~. NOW THEREFORE in co--on d the mutual covermnL~ contained herein, the City of S~l~lstian, Florida, a municipal corporution, and Robert S. Yc~ aSu-~ us follows: 1. IVl~Clm'y shall ~erve ut the picture of the City Council as City Man~r of the City for an indefinite term, subject to the provisions of Articles iii and IV of this a~r~ement, and shall have such Powers and duties us m'e prescribed or permitted by statute, Cit), charter or ordinance. II. ~; 1. Salary n. For the employment period of March iS, 1988, through Employment Contract is entered into by and between the City of December 31, 1989, McClary shall receive a minimum bg~s~ salary of $39,500 per b. For the employment period of January 1, lqq0, and thereafte, r, McClary shall receive a t~se salary as determined by the City. c. McClary's salary shall be reviewed annually in the City Council's budget process and any increase shall become effective on October 1 in conjunction with the beginning of the City's fiscal year. 2. ReUrement a. The City al~,rees to pay an amount equal to seven and one-half percent (?4/2%) of lvicClary's salary to ICIdA-RC retirement plan. b. The parties recognize and asree that the ICMA-RC reUrement plan is in addition to normal employer-employee paid social security contributions. 3. Associations a. The City shall pay the annual dues for McClary's memberships in the International City Man%,ement Association (IClvl^) and the Florida Municipal Manal~.ment Association. b. The City shall pay the annual dues for McClary's membership in other profesaior,.~ associations as may be authorized from Ume to time by the City Council. ,1. Professional Development a. The City shall pay actual and necessary expenses for lite followin$ conferences: 1) Annual ICMA conference; 2) Annual City Martal~ment Conference held in Missouri each June; budget. Annual Florida League of Cities conference; and Other training seminars and conferences as authorized by Vehicle a. The City shall provide a passense, r vehicle for McClary's 6. Community Service a. The City encourages McClary to participate in community service orsanizaiions such as Rotary International. The City agrees to pay McClary's dues and meals in one community service orsanizaiion. 7. Leave time: Vacation. McClary shall be allowed the following vacation 1) For the period of March 15, 1088, through March 14, 1080, McClary shall accrue vacation at the rate of one day vacation leave for each one month service. 2) For the period of March 15. 1989, and thereafter, McClmT shall accrue vacation at the rate of one and one-half (1-1/2) days vacation leave for each month of service. vacation leave. b. Sick Leave 1) McClary shall accrue sick leave at the same rate as his 2) McClary shall receive a credit of eighteen (18) days sick leave on March 15, 1988. Said credit shall be eliminated on July 15, 1989. c. Compensatory Time Off. a_ McClary shall receive reasonable tim~ off as may be determined from time to time by the City Council as compensation for extended office hours and evening meetings. cL Disability Leave. a_ lvtcClary shall be provided disability leave as mag be provided to other employees of the City. 8. Insurance ~. The City shall pay the full cost on behalf of McClary, including family coverage, for the City's group health insurance policy. b. The City shall pay the full cost on behalf of McClary for the City's group life insurance policy. Relocation a. The City shall pay actual and necessary moving expenses roi' McClary's relocation to Sebastian from Brush, Colorado. 10. Reduction in Compensation a. The City shall not reduce McClary's compensation during his tenure without McClary's prior writl~u consent. 1. Provided McClary is willing and able to perform the duties of City Manager, he shall be guaranteed a Iwenty-one and one-half (21-1/2) month contract from March IS, 1911l~, through December 31, 191t§. In the event this agreement is terminaled by the City Council during this period of time McClary shall upon such termination of this aEreement' receive the unpaid belance of the salary, retirement and insurance benefits as specified herein, plus accumulaled vacation leave time. However, ~,icClary shall receive no salary or other benefits as provided herein ff the City Council shall terminate his employment for any of the following reasons: a. Conviction of either the crime of robbery or theft as the same are defined by Florida statutes; b. Conviction of any felony; c. incompetence or neglect of duty proven by a preponderance of evidence at a hearing providin8 due process of law. 2. McClary shall not terminate this contract for the twenty-one and one-haft (21-1/2) month period of March 1§, 1988, through December 31. 1989, without the prior written consent of the City Council. 1. This agreement may be renewed for one year intervals by the City Council and McClary at any time but in any event no later than twelve (12) months prior to the expiration date, or any renewal or extended one year period thereafter. it is the intent of the parties to this a~eement that this agreement shall be effective for an initial twenty.one and one-haft (21-1/2) month period as outlined above and may be renewed for one year periods thereafter at least one year in advance. 2. In the event the City Council does not renew or rene~otiate this agreement for subsequent one year terms, or in the event the City Council shall terminate McClary during the term of this asreement or any one year extension thereo~, McClary shall receive the salary, retirement and insurance benefits outlined above for the balance of the term of the contract or any renewal thereof, but in no event shall McClm7 receive more than twelve (12) months compensation. 3. After the initial twenty.one and one-half (21-1/2) term, McClary may elect to terminate this agreement at any time provided he gives a minimum o (~) days advance written notice to the City Council of his intent to do so. Should McClary elect to terminate this agreement, the City is dischar~ti of any responsibility with respect to terminafion benefits outlined above. However, should McClary terminate this agreement pursuant to this par~ph, he shall receive all normal and customary benefits as other terminatin~ employees. V. Hold Harmless The City shall defend, indemnify and hold harmless lvicClary a~nst any and all claims, demands, suits, actions or proceedings of any kind or nature arising out of the performance by McClary of his duties and responsibilities as City Manal~..r. IN WITNESS WHEREOF, the City of Sebastian has caused this a~reement to he executed by its Mayor and duly attested by i~s City Clerk and Robert S. McClary has executed this a~eement, as of th~ dny and )rear first above written. CITY OF SEBAS-'TIAN, FLORIDA, a municipal corporation . Kaihr¥~M. O'Halloran, C,t¥ turk Robert S. McClap/