HomeMy WebLinkAbout08-27-2025 CC AgendaCITY OF
SEETIA
N
HOME OF PELICAN ISLAND
CITY COUNCIL
REGULAR MEETING
AGENDA
W EDNESDAY, AUGUST 27, 2025 - 6:00 PM
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITTS WEBSITE
1. CALL TO ORDER
2. MOMENT OF SILENCE
3. PLEDGE OF ALLEGIANCE - Led by Council Member Dodd
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications for additions require a unanimous vote of City Council
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by
Council and Staff. No public input or actions under this heading.
Proclamation Honoring the Students of Sebastian Charter Junior High School for Their Excellence
at the Future Business Leaders of America National Leadership Conference
Brief announcements:
Monday, September I - City Hall will be closed for Labor Day
Thursday, September 11 - Patriot Day - 8:30am at Veterans Memorial in Riverview Park
Saturday, September 13 - Touch and Tour Open House Event - IOam to 2pm at City Hall Complex
Saturday, September 20 - International Coastal Cleanup - 9am to Ham - Meet up at Riverview
Park or Main Street Boat Ramp or Moore's Point (North Sebastian) (772) 226-0133 for more info
Saturday, October 4 - Sebastian Kids Fest - l0am to 4pm in Riverview Park
7. PUBLIC INPUT
The heading on Regular Meeting agendas "Public Input"provides and opportunityfor individuals
to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE
PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings.
Individuals are asked to provide copies of materials for Council one week prior to the meeting if
they intend to refer to specific material. City Council will not debate an issue during Public Input
but may by consensus direct a Charter Officer in regard to the item if necessary or place a
requested item on a future agenda.
8. CONSENT AGENDA
All items on the consent agenda are considered 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. If a member of the
public wishes to provide input on a consent agenda item, he/she should request a Council Member
to remove the item for discussion prior to start of the meeting or by raising his/her hand to be
recognized.
pgs 5-39 A. Consider Draft July 16, 2025, and July 17, 2025, FY 2025-2026 Budget Workshop Minutes
Staff Report
07-16-2025 Budget Workshop Minutes
07-17-2025 Budget Workshop Minutes
pgs 40-48 B. Consider Draft July 23, 2025 City Council Minutes
Staff Report
July 23, 2025 City Council Minutes
pgs 49-51 C. Alcohol Beverage Approval - Kenny Family
Staff Report
Kenny Family Application & Receipt
pgs 52-54 D. Alcohol Beverage Approval - Sebastian Fitness / Micki Discepolo
Staff Report
Sebastian Fitness Application & Receipts.pdf
pgs 55- E. Consideration of a purchase order for Alan Jay Automotive Management Inc., in the
140 amount of $33,019.00 to purchase a 2026 Nissan Frontier King Cab for the Building
Department and provide authorization to the City Manager or designee to execute.
Staff Report
Procurement Justification
Alan Jay Automotive Management, Inc. Quote
National Auto Fleet GroupaETms Sourcewell Cooperative Contract #032824-NAF
National Auto Fleet GroupaEms Sourcewell Cooperative Contract #091521-NAF
9. COMMITTEE REPORTS & APPOINTMENT
City committee reports and Council Member regional committee reports. No public input or
action except City committee member nominations and appointments under this heading.
10. PUBLIC HEARINGS
pgs 141- A. First Reading of Ordinance 0-25-13 — Establishing a Retirement Plan and Trust for the
241 General Employees of the City of Sebastian, and to Set the Date for Second Reading on
September 10, 2025.
Staff Report
Ordinance No. 0-25-13
Business Impact Analysis 0-25-13
Plan Adoption Agreement City of Sebastian GE Plan Trust
2
FMPTF DB Plan Document Amended and Restated 9.21.2023
Trust Joinder Agreement
pgs 242- B. First Reading of Ordinance 0-25-14 — Establishment and Creation of The Board of
248 Trustees for the Retirement Plan and Trust for the General Employees of the City of
Sebastian, and to set the Date for the Second Reading on September 10, 2025.
Staff Report
Ordinance No. 0-25-14
Business Impact Analysis 0-25-14
11. UNFINISHED BUSINESS
12. NEW BUSINESS
pgs 247- A. Consideration of proposed FY 25-26 Sebastian Municipal Golf Course Rate Adjustments
251 Staff Report
Proposed Rates FY25-26
Resolution No. R-15-07
pg 252 B. Consider Holding One Council Meeting in November and Rescheduling the December
Council Meeting Dates
Staff Report
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
Mayor McPartlan
Council Member Nunn
Council Member Dodd
Vice Mayor Jones
17. ADJOURN(All meetings shall adjourn by 9:30 pm unless extended for up to one half hour by a
majority vote of City Council).
NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE
FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL 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. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO
NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY ADA
COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIANORG AT LEAST 48 HOURS IN ADVANCE OF
THIS MEETING
H
Regular City Council Meetings
Public input is ALLOWED under the headings:
• Consent Agenda
• Public Hearings
• Unfinished Business
• New Business
• Public Input
Public input is NOT ALLOWED under the headings:
• Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards)
• Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments)
• City Council Matters
• Charter Officer Matters
• Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is THREE MINUTES; however, City
Council may extend or terminate an individual's time by majority vote of Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL
DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR,
unless answering a question of a member of City Council or City staff. Individuals shall not address
City Council after commencement of City Council deliberation on an agenda item after public input has
concluded, providing, however, the Mayor and members of City Council may recall an individual to
provide additional information or to answer questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted
and may result in expulsion from the meeting. The Chair shall make determinations on such remarks,
subject to the repeal provisions below.
Appealing Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of
City Council shall overrule any decision of the Chair.
Public Input Heading on Agenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to
bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE
PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings.
Individuals are asked to provide copies of material for Council one week prior to the meeting if they
intend to refer to specific material. City Council will not debate an issue during Public Input but may by
consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a
future agenda.
4
CITY OF SEBASTIAN
CITY COUNCIL STAFF REPORT
DATE August 27, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Jeanette Williams, City Clerk
Consider Approval of Draft July 16, 2025 and July
SUBJECT 17, 2025 FY 2025-2026 Budget Workshop Minutes
EXECUTIVE SUMMARY
Draft minutes of the July 16 and July 17, 2025 FY 2025-2026 Budget Workshops are presented
for review.
RECOMMENDATION
Request changes if necessary. Consider approval of both sets of minutes.
ATTACHMENTS:
1. July 16, 2025 FY 2025-2026 Budget Workshop
2. July 17, 2025 FY 2025-2026 Budget Workshop
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
N/A N/A N/A
Additional Funds Needed: $ 0.00
CITY OF
Sf J3ASTJ
AN
lop
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
FY 2025-2026 BUDGET WORKSHOP
MINUTES
WEDNESDAY, JULY 16, 2025 - 9:00 A.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor McPartlan called the Budget Workshop to order at 9:00 a.m.
2. A moment of silence was held.
3. The Pledge of Allegiance was recited.
4. ROLL CALL
Mayor McPartlan
Vice Mayor Jones
Council Member Dodd
Council Member Nunn
Also Present:
City Manager Brian Benton
City Clerk Jeanette Williams
5. BUDGET OVERVIEW BY CITY MANAGER
The City Manager welcomed everyone and thanked the Finance Department for all of
their hard work on this budget, especially the Assistant Finance Director Jen Smith for
getting the proposed budget document finalized.
The City Manager said the proposed budget does show a deficit in the general fund of
$943,178 based on the current millage rate of 3.1955. The discussions will allow staff to
receive feedback from City Council to finalize the millage rate to present to the Citizens
Budget Advisory Review Board on Monday, July 21 and then back to Council on July 23.
The millage rate will need to be set at the July 23 meeting to send to the property
appraiser.
He said the budget has a few unknowns such as the police and supervisor union
negotiations and property and liability insurance amounts. He said the health insurance
would only increase 7% based on the contract the City entered into last year. He said
the dental has a decrease and the vision will have a nominal increase.
The possible change in the employee retirement account is also an unknown. The
withdrawal amount is currently included as well as the 9% contributions for employees.
6
FY 2025-2026 Budget Workshop July 16, 2025 Page 2
He said there were three options: continue to contribute to the CWA; contribute to
hourly employees as the City does for salaried employees with Mission Square; or
develop a defined pension plan similarly to the police pension plan.
He said the last item to consider is a Notice of Intent to Proceed from the Florida East
Coast (FEC) Railway for doing rail work on the Barber Street and Schumann Drive
crossings for deteriorating conditions. The proposed budget does not include funding
for this and based on agreements dated from 1984 and 1959, the cost of the crossing
maintenance is the responsibility of the City. The proposed cost for Barber Street is
$232,818.12 and the proposed cost for Schuman Drive is $90,548.30 with a total
proposed cost of $323,366.42 to address the concrete panels that are in between the
tracks.
He said staff was in discussions with them and we are looking at Local Option Gas Tax
or Discretionary Sales Tax. He said FEC could close the railroad down if the City doesn't
pay. He said the budget shortfall now goes up $1.2M.
The estimated certified property values provided by the Indian River County Property
Appraiser for the City in fiscal year 2026 is $2,494,261,853 which equates to an 8.4%
increase in collections of ad valorem taxes. Any increase to the millage rate would be in
addition to the 8.4%. If the City goes above the 3.1955, that would be an addition to the
8.4%.
Some millage rate options include keeping it the same at 3.1955; or going to the rolled
back rate of 3.0148; or going with 3.3305 which brings in an additional collection of
$761,000. The departments have really reduced their operating costs and while going
to a higher millage rate can be considered, it will only mean that the City can continue
to operate the way it has for the past two years.
The proposed Fiscal Year 26 General Fund Budget is proposed to increase by $734,691
compared to the amended Fiscal Year 2025 and does include one full time position
reduction in the City Clerk's office due to reorganization. Staff continues to move the
City forward with the vision set forth by City Council.
The City Manager went over the grants that have recently been applied for and pointed
out that if the City doesn't apply for the grant, another City will get that money.
6. DEPARTMENT PRESENTATIONS
A. Citv Manaaer / Non -Departmental
He said the City Manager's overall budget has a decrease of 3% with no capital requests
but there is $2,450 included for the newly proposed Citizens Academy. He explained
that while the Special Projects Director/City Engineer's salary comes out of his budget,
there are two stormwater conferences that will continue to be paid from the
Stormwater Line Item.
7
FY 2025-2026 Budget Workshop July 16, 2025 Page 3
He shared a list of R & R funding that covers unexpected expenses. He noted these funds
are typically spent later in the year.
He said in reserves, there is the additional fireworks tariff and a percentage for employee
payouts. He said there were some positives from projects that came in under budget
that will go back into the Reserve Account.
The proposed FY 26 General Fund Budget is proposed to increase by $734,691.
compared to the amended FY 25 budget, a 3.9% increase. He noted that quite a few
operating increases are related to objectives in the Strategic Plan that will be discussed
during those department presentations.
Staff continues to apply for grant funding so projects continue to progress with minimal
impact to the General Fund. He distributed a list of the grants noting the City has been
awarded about $5M and it has cost the City $107K to apply.
The City Manager said there are about 76 employees covered by the retirement plan
that is in trouble right now. He said the City continues to fund 9% for the hourly and
salaried employees.
Citv_ Manaaer's Office
He said his budget has a decrease that doesn't include any kind of an increase for him
at this time. He doesn't have any capital requests. There is an increase in the operating
budget on page 17 to help kick off a Citizens Academy.
On page 19, the increase was explained for his new assistant. He said travel and per
diem was cut by eliminating some conferences and training. The promotional line was
increased to accommodate the Citizens Academy and the increased number of
sympathy messages needed. He said a new management software will help keep track
of all of the projects in one location and his training budget was reduced by moving two
stormwater conferences to the Stormwater Division.
Non-Deaartmental
He said this was increased due to the CWA pension withdrawal payment which will need
to continue for the next 20 years and depending what Council decides to do in the
future, there is an earmark of 9% for the continuation of Mission Square or a different
plan. Extensive discussion followed on changing the retirement plan by October 1 with
the Finance Director, Brian Stewart.
The City Manager said the police retirement insurance was reduced due to an officer
leaving the system. There is also a reduction in the health savings account,
unemployment, additional compensation, and other contractual services line items.
Water and sewer indicate a 5% increase. He said he did buy some permanent float
decorations to save money on the parade expenses. He placed more money in the
8
FY 2025-2026 Budget Workshop July 16, 2025 Page 4
annual awards banquet line item to have a bigger venue. And finally, the Florida League
of Cities increased their annual dues which is paid out of non -departmental.
Mayor McPartlan called for a break at 10:31 and upon return at 10:37, all members were present.
B. Stormwater Deaartment
The City Manager stated the deficit in the 2026 budget is $160,773 but at the amended
2025 budget, there was a deficit of $102,000 that is projected to put some funds back
into the stormwater reserve leaving us with an overage of $160,773 that will cover the
deficit.
Lee Plourde, Stormwater Director, said they will see some maintenance costs for the
stormwater pumps. He plans to continue with the roadway paying and drainage
improvements to zones 4,5 and 6. He also plans to continue developing field maps,
slip -lining, ditch and canal trimming.
The City Manager said the total revenues are a little over $2.8M and as of today there is
$160,773 being used from reserves for a total budget of $3M.
The Stormwater Director said they do have three operators that can retire at any
moment so there is some succession training happening. He described the equipment
he plans to purchase in the upcoming year.
The City Manager said the master stormwater plan called for two vac trucks. They still
have a vac truck that is used 1-2 weeks a month and then it goes into the shop for repair.
A new truck is planned to be delivered this summer. Previously staff thought to
refurbish the old truck but it was decided they could use one full size truck and a vac
trailer to get the job done.
The Stormwater Director said they plan to move to the upper Stonecrop drainage with
culvert pipes as opposed to the armoring.
The City Manager said he gave the division $50,000 to do a fifth ditch cut but there isn't
enough to do the whole City so this will be a test area. To help with the funding, staff
will be mowing the right of ways and vacant lots to reduce the contractor cost.
The Stormwater Director said there will be some training costs. He said all of the
concrete is being recycled for rip rap. He has an employee that is a heavy equipment
operator by trade that he would like to reclassify. He stated he would like to purchase
a shoring box to protect staff.
Council Member Dodd and Vice Mayor Jones said they would be in favor of funding the
deficit out of reserves because of the division's great progress. Mayor McPartlan
agreed, saying they can see the moving water when it rains.
0
FY 2025-2026 Budget Workshop July 16, 2025 Page 5
C. Roads and Maintenance
For Fiscal Year 2026, the Public Works Director said staff plans to continue with roadway
and pot hole maintenance, inspection of sidewalks, repainting stop signs and stop bars,
widen roadway approaches and aprons; and mowing the vacant lots. They will pave
roads as needed, continue bridge inspections, and do the PCI this year.
The division plans to purchase a breaker hammer for the concrete, a midblock crosswalk
for Powerline Road, and continue sidewalk replacement. The City Manager said staff is
watching out for driveway culverts that might need to be repaired as they proceed with
the road repaving.
He said staff is planning to apply for a Safe Streets for All Grant and seeking
reimbursement, going back 3 years for road preservation grants. The City Manager
stated this budget is about $17K less than last year's budget.
The meeting recessed as 12:02 p.m. for lunch and all member returned at 12:52 p.m.
D. Fleet Manaaement
The Public Works Director said they plan to continue to update and enhance the work
order and asset management system. He hopes to have the reclassification of the heavy
equipment operator happen to service all of the vehicles.
The City Manager said the wage and insurance cost is the largest increase in this
division.
The Public Works Director said in the past year, inspections were not in the line -item
budget but they have been completed and will now bean annual recurring cost. Anew
a/c unit is needed along with a hose assembly. He said the heavy equipment technician
saved $3,150.
The City Manager said a lot of the heavy equipment is in stormwater so this line might
be changed from stormwater to general fund to help fund the technician's salary.
E. Golf Course
The City Manager said they do have revenues exceeding expenses however, he would
like to continue to have the discussion to build a fund at the golf course for capital
projects. If they continue to get by on the $15,000 annual profit they will be in trouble
when it comes to capital items such as a new golf cart building and the front nine
greens. He said last year the daily and membership rates were increased and now is an
opportunity to find a medium of increasing the numbers of rounds vs. increasing
revenue.
10
FY 2025-2026 Budget Workshop July 16, 2025 Page 6
He said general revenues are projected at a 3.8% increase and as they get to the
expenses, there is an increase of $27,172 which is a 2.77% increase in the budget.
Greg Gardner, Golf Pro, said the annual memberships and club storage should stay the
same but on page 3, the comparison does show some room for increases.
Council Member Dodd said they could go up close to the Sandridge rates and he asked
if that would reduce the play.
The Golf Pro said the City did receive a lot of play and broke a record in March 2025.
Council Member Dodd said if they approached Sandridge rates and it reduced the play
in March it would be beneficial to the course.
Council Member Dodd said he didn't see how they could concentrate on paying back
the debt to the City and create a capital improvement fund at the same time. He asked
if they should pay back the debt knowing they will have to take a loan again to do a
capital improvement.
One of the capital items is the replacement of the cart barn to which the City Manager
said staff is showing the replacement scheduled for 2027.
The City Manager said staff would bring the daily rates increase to them later this
summer.
The Golf Pro reported that the sales in the pro shop did go down somewhat. He said
the contractual services such as internet, electric, postage and departmental supplies
are pretty set numbers. He said a considerable expense is the airport rent and insurance.
He is trying to hold the line on repairs and maintenance in the buildings.
The City Manager said the general fund loan is $500,000 and the Building Fund loan was
$559,684. During last year's budget workshop, it was decided that they should decide
on an annual basis if they should forego the $500,000 loan.
Council Member Dodd said he would be willing to forego the loan if they would begin
a capital improvement fund.
The City Manager said staff was planning to make a payment from the 2024-2025
budget and do it again at the end of the fiscal year.
Council Member Nunn said he didn't think they should put the golf course before what
is needed in the general fund right now.
The City Manager said they would be using golf course funds in the amount of $240,000
which includes the $15,000 annual profit.
Vice Mayor Jones was excused from the meeting at 1:37 p.m.
11
FY 2025-2026 Budget Workshop July 16, 2025 Page 7
Council Member Dodd noted they could do the cart barn with existing funds. The City
Manager said staff does push things off to see if they can get by.
Council Member Dodd said he would like to pay $100,000 a year until the loan is paid
off.
The Golf Pro said the golf course maintenance is set with the renewal of the contract.
The City Manager explained that $26,650 was used to air inject the greens.
The Golf Pro said they are keeping $50,000 in the capital line item in case something
comes up such as a fertigation system that they might want to try. He said golfers like
to see things continually improve.
The Golf Pro said the carts are set for the next year.
The City Manager said he would look at moving up the cart barn; bring back a daily rate
increase in a couple of months and continue to make loan repayment to the general
fund.
Solid Waste Collection
The City Manager said he received the latest report on the collection which shows an
overage of $86,000 which includes the franchise fee and commercial collection so he
will have funds for first payment for the next fiscal year.
F. Community Development / CRA
Alix Bernard, Community Development Director, said the biggest expense will be for
consultants and other contractual services to rewrite the land development code that
hasn't been updated since 2000. The estimate is $170,000 that will be split over 21h year
period.
The City Manager said the budget for Earth Day was increased to $2,500; an additional
$2,500 was funded for anything that might come from the action plan.
Council Member Dodd called for a break at 2:05 pm and upon return at 2:09 pm, Council Members
Dodd, Nunn and Mayor McPartlan were present.
The City Manager said four pedestrian crossing signs will be installed along Indian River
Drive; there will be a grant match to design the Working Waterfront docks. There are
also funds dedicated to move forward for the plan at Fisherman's Landing.
He also said there is money for the North Central Avenue Catalyst Site that will transfer
over the Fisherman's Landing site.
12
FY 2025-2026 Budget Workshop July 16, 2025 Page 8
The Community Development Director said the budget is standard as last year with
funds earmarked for Fa4ade, Sign and Landscape Grants, sewer connections and other
contractual grant writing.
The City Manager said there have been some discussions with FDEP regarding sewer
connections. He noted that the County has made an agreement to waive connection
fees but still charge the impact fees but the state will pay for impact fees but not
connection fees so there is an amount included for impact fees.
G. City Clerk
Jeanette Williams, City Clerk, said the City Council budget is the same as the current
year.
She said the City Clerk's budget will also stay the same with the exception of travel and
training for her new assistant and the stand-alone election.
H. City Attornev
Jennifer Cockcroft, City Attorney, said her budget reflects an increase in the contractual
services given the recent lawsuit activity along with the special magistrate expense.
Cemetery
Richard Blankenship, Parks and Recreation Director, said an additional irrigation pump
will be added next year, they're designing a new administration building and they're in
the process of developing an on-line mapping system so that individuals may look up
their loved ones in the cemetery.
The capital purchases will include a dump trailer, the irrigation pump, and a zero -turn
mower.
Council Member Nunn was excused from the meeting at 2:40 p.m. Vice Mayor Jones had rejoined
the meeting at this point.
Parks and Recreation
Richard Blankenship, Parks and Recreation Director, said they plan to dredge the Main
Street Boat Ramp, complete phase 1 of Riverview Park, and they expect to host more
sports programs.
His capital projects include the replacement of the park's restroom doors and the
allotments to make playground improvements as identified by the parks committee.
13
FY 2025-2026 Budget Workshop July 16, 2025 Page 9
He said improvements are planned for Hardee Park, Schumann Park, and the Friendship
Park Tennis Courts. He said once the shoreline is stabilized in Riverview Park the design
can begin on the swing and bench park that will include ADA access to the park.
The Parks and Recreation Director said to combat the budget cuts, his staff has
implemented the See My Legacy Program to help sponsor some of the programs that
might have needed to be cut.
Facilities Maintenance
Richard Blankenship, Parks and Recreation Director, said he planned to replace the roof
of the Police Department in addition to the Art Center. He said his budget also included
the purchase of another vehicle; funding to replace air conditioning units as needed;
and the hardening of the roof over the dispatch center.
He said one item they might notice is the considerable expense for the maintenance of
the AED's located throughout the City.
The City Manager advised Council that was all of the departments scheduled for July
16 and invited everyone to return the following day for the remaining departments.
7. Being no further business, Mayor McPartlan adjourned the workshop at 3:22 p.m.
Approved at the August 27, 2025 Regular City Council meeting
Mayor Bob McPartlan
ATTEST.•
Jeanette Williams, City Clerk
14
CITY OF
Sfj3ASTIAN00
*IliHOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
FY 2025-2026 BUDGET WORKSHOP
MINUTES
WEDNESDAY, JULY 17, 2025 - 9:00 A.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor McPartlan called the Budget Workshop to order at 9:00 a.m.
2. A moment of silence was held.
3. The Pledge of Allegiance was recited.
4. ROLL CALL
Mayor McPartlan
Vice Mayor Jones
Council Member Dodd
Council Member Nunn
Also Present:
City Manager Brian Benton
Recording Clerk Bridget Eakins
5. BUDGET OVERVIEW BY CITY MANAGER
The City Manager greeted everyone and immediately began budget presentations.
6. BUDGET PRESENTATIONS
A. Police Department
The City Manager initiated the discussion on the Police Department budget, beginning on
Page 45 of the FY2025-2026 Annual Budget Draft. The City Manager stated that the
proposed FY26 budget for the entire Police Department totals $9,077,500, marking a 12%
increase over Fiscal Year 2025. This increase, the City Manager explained, amounts to
$968,925.
Regarding the budget allocation by category, the City Manager noted that Personnel
Services account for the largest percentage, with an increase of $858,830 and operating
expenses are projected to increase by a small amount of $4,040. He said capital outlay totals
15
FY 2025-2026 Budget Workshop July 17, 2025 Page 2
were $106,055. The cost allocation by division, as presented by the City Manager on page
45 of the budget draft, breaks down as follows: police operations at 57%, investigations at
18%, police administration at 12%, dispatch at 10%, and code enforcement at 3%.
Chief Acosta presented the police administration budget, which encompasses his executive
assistant, the records department, and the part-time quartermaster. Chief Acosta explained
that $2,700 of the overall $4,000 operating expense increase for the entire department is
specifically attributable to accreditation services, including the costs associated with
housing assessors and related fees. Chief Acosta informed that repair and maintenance
(R&M) of Buildings decreased from $2,500 to $1,500, and R&M of office equipment saw a
reduction from $23,000 to $13,115, as some items were appropriately reallocated to other
budgets. He said departmental supplies decreased from $7,000 to just over $6,000, and
small tools and equipment went down from $1,600 to $1,000. Chief Acosta explained that
training and education increased from $6,000 to $8,000, partly to accommodate Public
Information Officer (PIO) training for the communications and social media manager. Chief
Acosta also confirmed that the captain's position was reclassified to a lieutenant's position
in the previous year's budget as part of a reorganization.
Chief Acosta provided an update on patrol staffing, noting that there are currently 25 active
officers out of 31 budgeted positions in patrol. He explained that three officers are awaiting
transfer to detective positions due to one detective retiring and two existing vacant
detective spots, which will subsequently result in three officer openings in patrol.
Additionally, Chief Acosta stated that five officers are currently in training, and one recruit
is in the academy. The City Manager recalled the FY24 budget discussion, where two
officers were added, bringing the total to 31. Last year, the Council discussed budgeting for
33 officers to ensure even shift distribution, but only 31 FTEs were funded. The City Manager
reiterated that the department is still operating with 31 budgeted positions and would
approach the Council for additional funding if opportunities arise to fill the two additional
positions (to reach 33) with experienced officers.
Regarding the overtime budget, which is proposed at $275,000 for FY26, an increase from
$240,000 in FY25, Council Member Dodd questioned its necessity given the unfilled
positions. Chief Acosta and the City Manager clarified that overtime is essential to cover
current vacancies, special events, and operations that necessitate additional officers, such
as arrests extending beyond regular shifts or targeted speeding enforcement. They said
overtime for outside details is not included in this budget, as it is covered by vendors. The
City Manager explained that the increase in the overtime budget is primarily attributed to
anticipated pay increases, which will affect the cost of overtime hours. The City Manager
emphasized that overtime is meticulously tracked and not disbursed without justification.
Chief Acosta confirmed that Sergeants possess the authority to approve overtime, with
accountability extending up to Lieutenants. Council Members Dodd and Nunn expressed a
desire to fund 33 officers if that is indeed the number required for full manning, even if
positions are not immediately filled, to prioritize public safety. The City Manager stated he
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wanted to maintain the current approach of not budgeting for positions not expected to
be filled within the fiscal year to avoid holding unneeded funds, while assuring the Council
of readiness to request funding for experienced officers should such opportunities arise.
Chief Acosta detailed the proposed capital purchases for the Police Department. He stated
that the North Gate is slated for an upgrade to an electric gate to facilitate easier access for
larger vehicles, including trailers, boats, and the armored vehicle. A carport is planned, Chief
Acosta explained, to protect wrapped vehicles, armored vehicle windows, and the boat
from prolonged sun exposure. He said tasers are on an ongoing replacement schedule of
five per year and noted patrol rifles are also scheduled for replacement due to the previous
vendor going out of business and general wear and tear. Chief Acosta listed Night Vision
Binoculars and an SRT Rifle Shield, which were previously cut from the budget, have been
pushed forward to this year. He said the department is also requesting Flock Safety 911
software, a new system requested by officers for dispatch and radio, enabling real-time
listening to 911 calls; Chief Acosta clarified that while from the same company as Flock
cameras, it is a distinct system for dispatch. Chief Acosta further explained that the majority
of SRT Gas Masks are being replaced due to being outdated and deteriorated by heat. Chief
Acosta added SRT Rifles are being switched out sooner due to their high liability and
previous vendor issues, with 10 designated for patrol and 10 for SRT.
Chief Acosta explained that the capital outlay, funded by the discretionary sales tax,
includes annual vehicle purchases, body cameras, and the CAD and RMS system
maintenance fee. He reported that old vehicles are being aggressively sold, and the backlog
from previous years has been cleared. Council Member Dodd raised concerns regarding
potential increases in vehicle costs due to market conditions, prompting a suggestion for
quicker ordering.
Chief Acosta outlined several changes in the Police Operations operating expenditures. He
noted that the repair and maintenance (R&M) of vehicles budget decreased by $2,000,
attributed to the department's newer fleet. Chief Acosta explained that R&M of radios
doubled from $2,000 to $4,000 due to a tripling of labor costs from their vendor,
Communications International. He noted canine expenditures increased by $1,500 due to
rising costs, and departmental supplies saw an increase from $66,000 to $83,000, primarily
driven by higher ammunition costs and the necessity to purchase more for training with
new firearms. Chief Acosta added small tools and equipment decreased from $25,000 to
$7,000, as new firearms and sights were purchased this year. Chief Acosta concluded that
training and education costs increased due to the gun range raising fees.
Chief Acosta provided an update on the investigations division, which has five
investigators/detectives assigned. He stated that one detective is retiring, creating two
current vacancies that will be filled by transferring three officers from patrol. Chief Acosta
noted that there is no capital outlay planned for investigations this year. Regarding the
operating expenditure changes on page 58, Chief Acosta explained that professional
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FY 2025-2026 Budget Workshop July 17, 2025 Page 4
services decreased by $3,000-$4,000, a fee established by the crime lab based on
population and the number of submissions. Internet access decreased significantly from
$3,000 to $465, as Chief Acosta stated that detectives will now utilize cell phone hotspots
instead of laptop internet. He added that R&M of office equipment increased from $16,000
to $19,000, due to software being transferred from the administration budget and R&M
Radios increased from $500 to $2,000, reflecting a labor cost increase from
Communications International. Lastly, Chief Acosta indicated that dues and memberships
increased from $700 to $1,350, as photo lineup software was moved from operations to
investigations.
Chief Acosta reported that the dispatch division is fully staffed, as are records (which falls
under the administration budget). Chief Acosta noted that there is no capital outlay
planned for dispatch this year. Reviewing the operating expenditure changes on Page 62,
Chief Acosta explained that R&M office equipment increased from $20,000 to $30,300 due
to an increase in Criticall software. Chief Acosta also stated that R&M of radios saw an
increase due to labor costs. Departmental supplies, however, decreased due to a chair
purchase made this year, Chief Acosta concluded.
For the Code Enforcement Division, Chief Acosta highlighted a $16,000 fee for new software
as a capital outlay. He explained that this software is a key component of the strategic plan,
designed to enhance citizen access to code enforcement activities by allowing them to log
in, submit reports, and track the status of their complaints. Chief Acosta added that it will
also track cases through the entire enforcement process, including hearings and decisions.
Council Member Dodd noted a significant increase in salaries for code enforcement. The
City Manager clarified that this represents an increase of approximately $36,000 from the
amended budget, primarily due to a code enforcement specialist position being filled and
potential pay adjustments for the new hire.
Regarding operating expenditure changes on Page 65, Chief Acosta explained that other
contractual services increased from $550 to $900 due to higher court reporter fees and
travel and per diem increased from $500 to $800 to accommodate staff training. He stated
postage saw a substantial increase from $38 to $4,500, reflecting both increased costs and
volume. Chief Acosta noted departmental supplies rose from $800 to $1,580, largely due to
marketing supplies necessary for the strategic plan. Chief Acosta concluded that training
and education costs also doubled due to the code enforcement specialist training. Chief
Acosta expressed confidence that current staff can train new hires, particularly with the
Lieutenant's oversight and close collaboration with the records department. He believes
the current two officers can manage the caseload, and the new software will further
enhance efficiency through improved communication. Council Member Dodd raised
concerns about the process for repeat offenders, suggesting that current procedures allow
offenders to comply just enough to avoid penalties before re -offending. This issue, Council
Member Dodd proposed, could be a potential agenda item for a future Council meeting.
Council Member Nunn inquired about adding a third position for nighttime enforcement.
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FY 2025-2026 Budget Workshop July 17, 2025 Page 5
The City Manager indicated that the current workload does not necessitate a full-time
nighttime officer but confirmed that plans are being developed for nighttime operations to
address specific issues, such as RVs on properties.
Council Member Jones expressed appreciation for the department and stated that he
believes they are doing a good job.
Council Member Nunn remarked that not everyone will be satisfied with every decision, but
noted that maintaining a fully staffed department is a strong reflection of leadership.
Following the conclusion of the Police Department budget review, the City Manager
thanked Chief Acosta and Deputy Chief Wood for their presentation.
The City Manager then announced the transition to the Building Department budget,
noting that the Finance Department's meeting with the Finance Manager had been moved
to after the Management Information Services (MIS) presentation, anticipating a more
lengthy discussion for Finance. The City Manager expressed his intention to complete the
remaining department reviews before lunch, with Finance closing out the meeting
afterward.
B. Buildina Department
The City Manager commenced the Building Department budget presentation, starting on
Page 138. The City Manager highlighted that anticipated revenues for the budget are
decreasing to a certain extent, indicating that while building activity continues, it has
slowed. He emphasized that the department is anticipating the use of reserves to fund the
Building Department budget, explaining that the city has been cited in audits for two
consecutive years for holding excess funds in reserves within this department. He said that
as a result, reducing this surplus has become a priority, with succession planning and
certain software and capital purchases playing a role in this reduction. The City Manager
stated that the proposed revenues for FY26 are $1,109,650, representing an increase of
approximately 6.4%from the projected figures for the current year, a difference of just over
$65,000. He further noted that the budget currently shows expenses in the amount of
$1,585,407, an increase of 25% in the budget. The City Manager clarified this increase is
largely due to succession planning, including the reclassification of a position, and
additional operating expenses aimed at aligning the department's reserves with auditor
recommendations. The City Manager then turned the presentation over to the Building
Director to elaborate on positions, capital outlay, and the operating budget.
The Building Director began by discussing the department's accomplishments this year,
particularly in succession planning. He reported the successful implementation of a remote
video inspection (RBI) program, seamlessly integrated with their My Government Online
building department program. The Building Director explained that this program is proving
highly successful, especially for roofing, air conditioning, and some plumbing inspections,
with an average of 60 to 80 RBI inspections conducted monthly. He highlighted that roofers
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particularly appreciate the efficiency of RBI, as it allows them to complete portions of a roof
and receive timely inspections without waiting for an inspector on -site, thus facilitating
quicker progression to the next construction step. Council Member Dodd inquired if an
electronic device was used for transmission, to which the Building Director affirmed.
Council Member Jones asked if the inspector was in the office during these virtual
inspections, and the Building Director confirmed this. The Building Director acknowledged
that while connectivity issues occasionally arise, the city's compact size allows them to
dispatch a field inspector promptly if an RBI fails. He expressed positive feedback on the
program and confirmed its continued use as part of their strategic plan objectives, which
the City Manager complimented as a great addition and commended the Building Director
for thinking outside of the box. The Building Director added that they had explored several
vendors, and this particular system's connectivity proved effective, having been fully
installed for about three months.
The Building Director further elaborated on succession planning, stating that the
department hired another Building Inspector III this year. He emphasized the new
inspector's extensive experience and licensed certifications, which are crucial as only
licensed personnel can conduct structural, electrical, mechanical, and plumbing
inspections. The Building Director explained that obtaining these certifications is a lengthy
process involving experience, state approval, and exams. He noted the difficulty in finding
multi -certified individuals and expressed hope that this individual would fill significant
upcoming retirement vacancies and contribute substantially to the department's
succession planning. The City Manager highlighted that this hiring was a reclassification of
an existing open position, not a new one, and was expedited to secure the candidate given
their availability. The City Manager explained that he and the Building Director had
previously discussed succession planning and concerns about departmental experience,
formulating a plan to act quickly when a suitable candidate was found.
The Building Director then discussed contractual services, noting an extra fund of
approximately $78,000 allocated for part-time private provider help, available as a
contingency for unforeseen circumstances like injuries, given the necessity of licensed
personnel for inspections. He also addressed the virtual inspections, explaining that there
is a $20 fee per inspection, which the department is currently absorbing as a service to
builders and the community. The Building Director indicated that they might consider
adding this cost to permit fees in the future. Council Member Dodd sought clarification on
where this cost appeared in the budget, and the City Manager confirmed it was under Other
Contractual Services. Council Member Nunn questioned the cost-effectiveness, asking if the
$20 fee outweighed the savings in manpower and gas. The Building Director clarified that
while there are savings in vehicle use and manpower (as one office -based inspector can
conduct multiple virtual inspections compared to field inspectors' travel time), the primary
benefit is the service provided. The City Manager acknowledged that the virtual inspections
result in a slight financial loss for the city but emphasized the value of the service,
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particularly for homeowners who no longer need to take a second day off work for
inspections. The Building Director added that the department's permit fees are among the
lowest, at $79 for the entire process of issuing a permit and conducting an inspection, and
they are not generating profit from these. He reiterated that the decision not to charge for
virtual inspections initially was partly due to the existing excess funds, which auditors had
questioned.
The Building Directorthen moved to capital outlay, stating the purchase of an HP DesignJet
printer/copier for large-scale maps and printing, which will be shared with Community
Development. Council Member Dodd inquired if this was included in an increase for R&M
office equipment. The Building Director clarified that it was a capital outlay. He also
discussed the recently purchased Forerunner software and described it as crucial for
floodplain management and mandatory FEMA-required substantial improvement/damage
inspections, a process currently lacking a computer -based program. The City Manager
confirmed that this software cost $20,000 and was the primary reason for an increase in the
R&M office equipment line item, which would not have been fully reflected in the initial
budget document, as the purchase was approved recently. The Building Director stressed
the software's importance for rebuilding in floodplains and tracking compliance with
regulations.
Council Member Jones inquired about permitting and turnaround times, specifically the
state -mandated seven-day period for certain projects. The Building Director confirmed that
the department is not behind and is keeping up, especially with the new hire, as three
people are now dedicated to plan review full-time, with field inspections as needed. Council
Member Nunn stated that in his five and a half years, every complaint he received about
delays was attributed to contractors failing to submit proper documentation or being
unlicensed, never the city. The Building Director affirmed that the department receives
similar calls and that most of their processes are now online, making them virtually
paperless through the My Government Online portal. He also mentioned adding another
clerk this year for scanning old documents to achieve full archiving and paperless
operations. Council Member Nunn praised the virtual inspections as a benefit for
everybody. The City Manager thanked Wayne for his presentation.
Following the conclusion of the Building Department budget review, the City Manager
announced the transition to the Airport Department budget, introducing the Airport
Manager to present on revenues and expenses.
The City Manager called for a break at 10:19, and upon return at 10:33, all members were present.
C. Airport
The City Manager highlighted that total revenues projected for FY26 are $861,315,
representing an increase of approximately 6.2% over the previous year.
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FY 2025-2026 Budget Workshop July 17, 2025 Page 8
The Airport Manager then presented on the airport's accomplishments over the past year.
He reported the completion of three new medium -square hangars, which are almost ready
for tenants. The Airport Manager stated that the department is still evaluating the five
remaining properties to determine if they should be filled before bringing in tenants, to
avoid creating a large construction site. Hangar D, the Airport Manager noted, had its north
and south office build -outs completed, and a majortenant is now operating there, servicing
aircraft and conducting simulator training. He further informed the Council that the
automated weather system has been updated with brand new sensors, tracking
information that uploads to the National Network, thereby enhancing safety and ease of
access to local information for pilots. The Airport Manager also mentioned that the design
phase for the new taxiway golf, located on the northwest side of the airport, has been
completed, and the project went out to bid, with results expected that afternoon.
Additionally, he said the netting between Hangar D and the golf course has been installed.
Looking ahead to the coming year, the Airport Manager outlined the Airport's future plans.
He stated that they will begin the design phase for changing the apron in front of the
terminal building to gain more parking spaces. The Airport Manager informed that
preliminary exhibits suggest an increase from six to at least 12 parking spaces, which will
provide more transient parking and opportunities to serve both local pilots and visitors
using Sebastian for fueling and temporary storage. He also mentioned an incoming grant
for runway 1028, designated for crack repair and sealing. The Airport Manager explained
that while runway 1028 is in much better condition than runway 523 (which underwent
total rehabilitation last year), this repair and seal coat will postpone any major work for at
least two to three years, preventing major projects from occurring too close together. The
Airport Manager indicated that once these design phases are complete, they will seek
construction funding and grants to build the terminal apron and perform the work on
runway 1028. He also looked towards future goals, including the design of the Gulf apron
adjacent to the new Gulf taxiway on the northwest corner, and the design of the
infrastructure for that same area, which will involve bringing in roads and related utilities
along the fence line. This, the Airport Manager explained, will allow for the delineation of
parcels in that area, enabling ground leases and facilitating building by the city or
prospective tenants to increase airport revenues from rent and operations.
Regarding capital projects, the Airport Manager detailed the city's share of some of these
initiatives for the current year. He said for designing the golf apron, the City's match to the
grant is $50,000 and the construction of the terminal apron expansion, an FAA grant was
secured, reducing the City's exposure cost to just under $28,000. The Airport Manager
stated that the construction of taxiway golf, is just shy of $198,000, funded by two grants
(an initial grant and an amendment), with construction now able to commence as the
second funding is in hand. He noted a $50,000 design phase for the Northwest access this
year, aimed at laying out the infrastructure and road.
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FY 2025-2026 Budget Workshop July 17, 2025 Page 9
The Airport Manager then discussed the various line items within the operating budget. He
noted that "other contractual services" increased by just under $1,000, primarily due to
price increases for services like fire alarm monitoring. He mentioned a brief reduction in
contractual services for the Automated Weather System due to its one-year maintenance
plan being absorbed by this year's renovation and being under warranty, with costs
expected to return next year. Other contractual services, the Airport Manager explained, are
confined to items such as backflow testing, fire extinguishers, and storage tank permits and
inspections.
Under equipment leases, the Airport Manager stated that due to the dependability of their
equipment, they reduced this line item from $1,000 to $750, hoping it won't be needed but
keeping it as a contingency. Regarding buildings, the Airport Manager clarified that the
amended budget for R&M on buildings, at $43,200, was a one-time increase for emergency
air conditioner repairs at the terminal building, which is now complete. He noted that they
need to monitor aging building issues like carpeting and roof work to prevent larger future
costs. Council Member Jones inquired if the emergency operations room in the terminal
building was included in this work. The Airport Manager responded that they can now
access it minimally, and while he is not seeing technical changes, the room has been
cleaned, and bids are in for carpeting to make it more presentable.
The Airport Manager continued, stating that operating equipment decreased by $3,000 to
$29,000 due to a fortunate lack of breakdowns. He reported an increase in R&M for fencing
due to concerns about large stretches of security fence where galvanizing has failed and
the fence is rusting. The Airport Manager explained that they plan to piece in new netting
as needed and perform gate motor upgrades, aiming for one per year to ensure
functionality. He confirmed that each gate access point has two cameras (one for the driver,
one for the license plate), and while the keypad entry system works well, they are using a
separate grant for camera upgrades and replacements at strategic locations to improve
clarity and definition, as some older cameras were antiquated. Council Member Jones asked
if the new cameras would have infrared for nighttime viewing, and the Airport Manager
confirmed their nighttime capability and the shift from motion -sensor activation to
constant recording where possible to avoid missing events. The City Manager highlighted
that the fencing repairs are proactive measures, identified during annual inspections, to
address issues before they escalate. The Airport Manager added that R&M for runways and
taxiways saw a $500 drop, as the new runway and refurbished taxiways are in good shape,
and the upcoming repairs and sealing of runway 1028 should reduce major work. This line
item also covers weed control and lighting repairs. Promotional activities were completely
zeroed out, and gas and oil saw a $900 increase to provide a buffer against fluctuating fuel
costs due to mowing and operations.
The City Manager then highlighted a reclassification recommendation. He explained that
when the Airport Manager was initially hired, his role was limited to airport operations, with
maintenance falling under the Leisure Services Director's responsibilities. Over the past two
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FY 2025-2026 Budget Workshop July 17, 2025 Page 10
years, the City Manager has shifted airport maintenance entirely under the Airport
Department, making the Airport Manager responsible for overseeing all airport
maintenance and facilities. Given the airport's future expansion, the City Manager's
recommendation is to reclassify his position from Airport Manager to Airport Director. The
City Manager noted that the Airport Manager had additional responsibilities without a pay
increase over the past two years and stated that this reclassification is his recommendation
for the budget. Council Member Dodd confirmed that this reclassification is the reason for
the difference in the largest budget totals, to which the City Manager affirmed.
Council Member Dodd then raised a general question regarding the Airport Fund, noting
that it ends the budget period with approximately $500,000 in remaining funds (Page 195),
while the City is currently funding about $230,000 in matching funds for capital
improvements from Discretionary Sales Tax (DST). Council Member Dodd questioned
whether the Airport's own funds could be used for these matching funds instead of DST,
allowing DST to be redirected elsewhere, especially since the Airport is an enterprise zone.
The City Manager responded that they could evaluate this possibility and look at potentially
removing some funds from DST, though he would be hesitant to pull the full $325,000.
Council Member Dodd then clarified his figure was for capital. The City Manager noted that
the Airport has approximately $465,000 unappropriated after this fiscal year and agreed to
evaluate the suggestion.
Council Member Dodd reiterated that the City pays the Airport rent for land use (e.g.,
pickleball courts) and then uses DST to cover grant matching funds, suggesting the
Airport's money could recoup some of these costs. The Airport Manager clarified that the
Airport is federally mandated to seek fair market value for land, even when the city is the
tenant, though some rates are heavily discounted. He expressed that he does not want to
raise rent to balance the other side.
The Airport Manager reported that the Airport is currently operating "in the black" and
anticipates increased revenues, which will contribute to greater self-sufficiency. The City
Manager acknowledged the positive outlook and referred to the recommendation as a
great suggestion, noting that adjustments would be considered in future versions of the
budget. Council Member Dodd concluded the discussion by expressing appreciation for
the work being done at the Airport, describing it as a great asset to the city.
Following the conclusion of the Airport Department budget review, the City Manager
initiated the Human Resources Department presentation. The City Manager noted that
discussions from the previous day had covered benefits related to health insurance, dental,
and vision, all falling under the Human Resources Director's purview. He informed the
Council that a presentation from the Gearing Group regarding these benefits would be
provided at the upcoming Council meeting on Wednesday.
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FY 2025-2026 Budget Workshop July 17, 2025 Page 11
D. Human Resources
The Human Resources Director started by stating that the overall Human Resources budget
had not changed significantly, with a total increase of about $5,500. She pointed out that a
notable change in operating expenses was the doubling of the employee background
testing line item, mainly due to higher costs for physical exams. She explained that Rivers
Edge in Sebastian, the medical facility used for employee physicals, has upgraded its office
to better serve the city's employees, now handling all drug testing, including random tests.
The Human Resources Director added that if an employee is involved in a vehicle accident,
they are directed to this facility for drug testing, and the office is available even on closed
days for workers' compensation cases. This budget line item also covers psychological
testing for police officers and third -party background checks, which the Human Resources
Director said are obtained at the lowest possible cost, with Janice having conducted these
checks for the past five years.
The Human Resources Director then discussed health benefits, referencing the Blue Value
program and the new dental plan with MetLife. She commended the Benefits Committee,
now in its second year, for its effective work, noting its involvement from every department
and productive discussions. She mentioned that the committee had selected all prizes for
the Blue Value program this year, funded by a $10,000 allocation from Florida Blue to the
City. This money, the Human Resources Director explained, is used not only for prizes but
also for quarterly meetings with employees to provide updates on health metrics, such as
adult physical completion rates and engagement with care pathways, while adhering to
HIPAA regulations. She highlighted the Peloton stationary bike as a significant prize from
last year, alongside Fitbits and earbuds, all health -related items. The Human Resources
Director announced the Health Fair for August 14th, from 10 AM to 2 PM, at Public Works,
where appointments are scheduled for Florida Blue -affiliated employees for biometric
screening and personal health assessments. The Human Resources Director stated this
process contributes three points to the City's percentage increase at year-end.
Council Member Dodd inquired about participation rates, to which the Human Resources
Director responded that it is approximately 95% for scheduled appointments, a figure
Florida Blue recognizes as exceptional. She also noted the strong cooperation from
department heads, particularly the Police Department, in scheduling officers for these
screenings. The Human Resources Director stated the upcoming health fair will host over
30 vendors, offering flu shots, other vaccinations, and various testing, including Bureau
Orthopedics, financial planning, and veterans' services.
Regarding open enrollment, the Human Resources Director stated that the process is
transitioning from Benetek to ADP, which also handles the city's payroll, to streamline data
entry. She explained that a significant benefit of using the ADP platform is that MetLife will
credit the city 2% of its dental and vision premium quarterly, providing additional savings.
The Human Resources Director also commended the Events Committee, noting that due to
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increased attendance at the annual awards banquet, the venue has been moved to Vero
Beach.
The Human Resources Director then addressed the new policy and procedure manual,
necessitated by the general unions disbanding. She stated that she had drafted policies
based on existing contracts and updated older policies from the employee handbook. The
Human Resources Director explained, this will be the primary reference document,
currently under review by the City Manager and City Attorney, and is set to take effect on
October 1st, upon the contract's conclusion. Council Member Dodd asked if this would
apply to all non -police union employees. The Human Resources Director clarified that
anything not covered by their union contract would fall under this new policy. The City
Manager added that it is a city-wide document, but union contracts take precedence.
Council Member Dodd requested a copy once the process is complete, which the City
Manager affirmed. The Human Resources Director mentioned that the manual will be
available on a website where departments house their policies and also on ADP,
emphasizing a paperless approach for employees to access policies. Council Member Nunn
inquired if the manual would require internal or council approval. The City Manager stated
that policy matters would be internal, with major changes (none anticipated) brought
before the council, and confirmed that the document would be shared with the council.
Addressing positions, the Human Resources Director stated that while there were 35 vacant
positions this year and 40 people were hired. She noted that HR participates in every
interview, estimating approximately 160 interviews for those 35 positions, and reviewed
over 450 applications. The Human Resources Director explained that some applicants
might not have been suitable for the roles, citing an example of an individual who
completed paperwork but never returned.
The Human Resources Director provided an update on the performance review
committee's work from last year, stating that the new performance review is being used
without negative feedback. Additionally, a Performance Improvement Plan (PIP) has been
implemented and utilized a few times this year to assist employees with performance. The
Human Resources Director also detailed a new initiative with the Florida League, where all
employee email addresses have been added to their website, enabling HR to assign
mandatory online courses (e.g., safety for maintenance workers, ergonomics for office staff,
sexual harassment for all) and track completion. Council Member Jones asked if training
assignments could be sent via ADP. The Human Resources Director responded that they
could use ADP or send emails to directors with reports from the Florida League on
employees who haven't completed classes.
The Human Resources Director then discussed changes to employee position titles,
explaining that titles like maintenance worker would be changed to groundskeeper for
Parks and Recreation and equipment operator for Public Works, with different levels, to
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FY 2025-2026 Budget Workshop July 17, 2025 Page 13
provide a clearerjob description. She noted that a groundskeeper might not require a CDL
license, as CDL training has become very expensive.
Regarding city vehicles, the Human Resources Director stated that she monitors employee
accidents from a risk management perspective and, due to a slight increase in accidents
this year, a defensive driving course has been implemented. This course is mandatory for
employees involved in accidents and for all Public Works and Parks personnel. It is also open
to any city employee and is offered twice through the Florida League at no cost to the city.
Council MemberJones asked if this would help reduce insurance costs, to which the Human
Resources Director expressed hope.
The Human Resources Director then addressed succession planning, a topic discussed by
other department heads. She reported on a leadership course with 23 participants, noting
that in -person training was more effective than work followed by discussion without a
trainer, as evidenced by survey responses. The Human Resources Director stated that she
has developed a succession planning survey for directors to identify critical roles and
potential successors, including their preparedness. She has also established a succession
plan outlining key positions and incumbents, and proposes forming a succession
committee of directors to create a program where identified successors would rotate
through various departments to gain a broader understanding of city operations. The
Human Resources Director believes this would be invaluable for higher -level positions. She
also mentioned her succession planning within her department, having hired a new
assistant with HR management background from a sheriff's department, and is now
planning her training given her own approaching retirement. Council Member Dodd
clarified that this initiative aims to produce a training plan for identified individuals in the
succession plan, extending beyond just director -level succession to career planning for
individual employees.
Council Member Jones inquired how this new succession planning approach would affect
department heads already working on their own succession plans. The City Manager
responded that succession planning extends beyond individual departments, especially at
higher levels, requiring cross -departmental communication and understanding of
processes. He emphasized that in a small municipality like Sebastian, employees cannot
operate in silos and must collaborate across departments. Providing opportunities for
individuals to observe operations in other departments, he stated, broadens their horizons
and better prepares them for higher -level positions by giving them a comprehensive
understanding of city operations. The City Manager acknowledged that while not every
identified individual will necessarily achieve the target position, the goal is to set them up
for success. He also noted that several department heads are expected to retire in the
coming years, and discussions are ongoing to ensure robust succession plans are in place
to avoid significant gaps. Council Member Dodd added that succession planning also
serves as career planning for individual employees, even if they do not remain with the city,
and that HR should centralize this process, with departments feeding in data to manage
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FY 2025-2026 Budget Workshop July 17, 2025 Page 14
training schedules and identifications. The Human Resources Director confirmed she has
plans for individual development, matrices, and competencies.
Council Member Jones then asked about the application process, noting that many
applicants for jobs are often unqualified or apply without serious intent. The Human
Resources Director confirmed this, stating that out of over 450 applications for positions
like police officers, they and the Police Department must sift through them. She estimated
that she sits in on approximately 95% of the 160 interviews conducted for the 35 positions,
with typically four or five candidates interviewed perjob. The City Manager highlighted the
current low vacancy rates across the city, noting only three in stormwater, two in roads, and
three in the police department. The Human Resources Director added that the 911
department is also fully staffed, which has not been the case for many years.
F. Manaaement Information Services (MIS)
The City Manager introduced MIS Manager to present her department's budget. The City
Manager stated that the proposed budget for FY26 for MIS is $814,215, which represents a
$28,956 increase, or 3.69%. He noted that Personnel Services increased by $44,720 due to
wages and insurance costs, and operating expenses increased by $10,120. The City
Manager mentioned that capital outlay showed a decrease. He concluded by stating that
the MIS Manager had no changes in staffing, no new positions, and no reclassifications to
discuss, before turning the presentation over to her to discuss capital and operating
expenditures.
The MIS Manager began by addressing capital projects. She stated that the department
maintains a $15,000 allocation for AV equipment, specifically to replace an aging
scheduling software and carousel system used for city-wide slideshows and information.
The MIS Manager explained that this system is eight years old, has had its hard drives
replaced once, and no longer receives support, necessitating its replacement.
For city-wide computers, the MIS Manager stated that this line item represents the annual
budget for keeping computers in rotation and up-to-date. She noted an increase in this
budget because the MIS department has taken on the responsibility of replacing road
patrol laptops for new police vehicles, a cost previously borne elsewhere. The MIS Manager
explained that they evaluate and purchase computers in bulk to maintain a seven-year
rotation for desktops and laptops whenever possible. Council Member Dodd commented
that a seven-year rotation was commendable, noting that typical lifespans are often
shorter. The MIS Manager acknowledged that they are pushing the limits of equipment
longevity by replacing aging hard drives with solid-state drives and ensuring that
specialized machines come with five-year warranties, aiming for standardization to
facilitate replacements.
For network infrastructure, the MIS Manager stated that this project focuses on the annual
replacement of switches to continuously improve the network and replace failing or aging
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FY 2025-2026 Budget Workshop July 17, 2025 Page 15
devices. She clarified that this does not include more specialized equipment, which is noted
in the Capital Improvement Plan (CIP), but it covers all connections for the airport, police
department, and all city infrastructure, making it a constantly evolving project.
Regarding outdoor security updates, MIS Manager explained that the department
collaborates with the police department and parks to provide coverage at parks, enhancing
public safety. She highlighted that they prioritize parks with ongoing issues or those
requiring closer monitoring, which necessitates installing entire infrastructures, including
internet and hardware. Their goal, she stated, is to cover at least three parks per year.
Council Member Dodd sought clarification, asking if this meant placing networks and
cameras in parks and integrating them into the city's real-time system, and if most major
parks currently have this. The MIS Manager confirmed that most major parks are equipped
with cameras. Council Member Dodd then asked if the $30,000 annual allocation was for
anticipated replacement costs or for installing new equipment. The MIS Manager clarified
that it covers new installations, but also includes the replacement of cameras reaching their
end -of -life, as replacing them is more cost-effective than buying additional licenses. Council
Member Dodd asked if this budget included anything related to the City Hall campus, to
which the MIS Manager responded that it does not, but it would include locations like
Friendship Park. The City Manager added that boat ramps, the Sports Complex, pickleball
courts, and Schumann Park also have cameras, and some locations will see increased
coverage. He highlighted that two cameras, one overlooking the twin piers at Riverview
Park and another at the pickleball courts, are publicly accessible on the city's website.
Council Member Dodd suggested making boat ramp cameras visible for boaters to check
traffic and lamented the necessity of spending $3,000 annually for park surveillance, calling
it a sign of the times. The MIS Manager emphasized that it helps ensure public safety, as one
bad apple can ruin the experience for others. The City Manager provided an example from
the Creative Playground, where cameras installed in response to past lawsuits and
vandalism have helped track individuals and incidents, such as a fire at the skate park,
demonstrating the strategic placement of cameras.
The MIS Manager then discussed the campus security program, specifically for City Hall and
the Police Department. She stated that their security infrastructure is over 20 years old, with
cameras and other components nearing failure, and parts are no longer available for
interior and exterior systems. She informed that the first phase of City Hall's security
upgrade is in progress, budgeted for the current fiscal year, but it did not include interior
infrastructure due to prioritization. For the upcoming year, the MIS Manager explained, they
will complete City Hall's interior security and begin upgrading the Police Department's
infrastructure, which is of similar age. She stated the final year of this project will involve
upgrading the Airport's administration building, which also has aging infrastructure. The
MIS Manager noted that core security upgrades are pushed out several years because
recent upgrades were completed last year, ensuring future budget coverage.
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Transitioning to operating expenditures, Council Member Jones noted that MIS's budget
increase was lower (3.9%) compared to other departments (6.2-6.3%). The City Manager
affirmed this, stating that the operating budget's increase of only about $10,000 was their
goal, reflecting reductions across the board. Council Member Dodd observed that dues and
memberships were the only line item with major increases. The MIS Manager explained that
Laserfiche is a major contributor to their cost updates. She also highlighted a significant
investment in RGIS implementation, requiring a $12,000 increase to the RGIS program,
which accounts for almost the entire increase in dues and memberships. This MIS Manager
stated that this is to facilitate the Police Department's initiative for enhanced crime analysis.
To offset this, the MIS Manager indicated that MIS has cut several other programs, for which
she is seeking alternative solutions.
Internet access, she noted, continues to rise. The MIS Manager stated that they plan to
acquire Starlink connections for emergency management, hoping they will function during
storms when other internet services may fail, and to provide a backup connection for the
Public Works compound, which currently lacks one. R&M, she explained, remains stable due
to a strategic review of current maintenance projects to minimize costs and absorb
increases. The MIS Manager said Laserfiche, which falls under this line item, has announced
a 5% increase this year. She then informed that small tools and equipment are also
increasing, as MIS plans to replace the carpet in one of their rooms, a small but necessary
expenditure.
The MIS Manager then clarified that computer supplies decreased from the original budget
due to shifting some costs to memberships and dues, where they properly belong. She
emphasized that this line item covers all miscellaneous computer supplies for the entire
city, including UPS units, keyboards, mice, and tables. The MIS Manager stated that they
strive to ensure new computer orders include keyboards, monitors, and mice, which are
under warranty and should last the lifetime of the machine. She acknowledged that the
city-wide computer budget is very tight this year due to unplanned expenditures, such as
specific requests from Community Development for expensive monitors, and they are
working to manage this better for the next fiscal year. The MIS Manager affirmed her
commitment to ensuring the city's operations run smoothly, even if it means saying "no"
more often, as part of fiscal responsibility and staff care.
Council Member Dodd expressed appreciation for the MIS team's work, acknowledging
their ability to operate effectively despite limited space. The MIS Manager confirmed that
while they lack space, they make it work, as breaking up the team into compartmentalized
areas was not desired. Council Member Dodd suggested utilizing the large room previously
used for physical plans by the Building Department. The MIS Manager stated that they are
working on utilizing their space more efficiently, which contributes to the perceived
bedlam in MIS as items come and go. She also mentioned plans to revitalize existing
infrastructure for other uses to cut costs, particularly for expensive server infrastructure, as
another measure of fiscal responsibility.
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Council Member Dodd inquired if the MIS Manager had explored Al packages designed for
municipal governments, which integrate Al concepts with overall municipal software. The
MIS Manager responded that she is not opposed to Al packages and already has a policy
drafted, awaiting final training completion before its release. She explained that the policy
will outline guidelines for appropriate Al use, specifically prohibiting its use in police
reports. Regarding server requirements, Council Member Dodd expressed concern about
potential increases if people migrate to Al. The MIS Manager clarified that they do not host
large language models locally, and much of their software is cloud -based or individual,
moving away from server -based models. She does not foresee a significant need for
increased server space, but anticipates a draw on internet connection bandwidth. The MIS
Manager stated that she did not budget for a bandwidth increase this year, having
determined they could manage for another year, emphasizing strategic planning.
Council Member Dodd then mentioned that services like Laserfiche might introduce Al
search facilities. The MIS Manager responded that Laserfiche runs on its own hardware with
ample processing power and room for growth. Their current limitation, she explained, is
being at maximum licenses, which she did not budget to increase for another year,
requiring strategic usage. Council Member Dodd noted that he had been denied Laserfiche
access a couple of times, but could get in after 30 minutes when another user signed off.
The MIS Manager confirmed that public utilization of their 25 users and web link is
increasing, but turnover is quick.
Council Member Nunn asked if the introduction of Clearwave to the area would offer new
internet access options for the City. The MIS Manager stated they had not inquired. Council
Member Nunn noted that Clearwave is installing fiber directly in front of the building and
in neighborhoods where AT&T fiber is not present. The City Manager added that they are
receiving weekly inquiries from multiple fiber companies currently working in the city.
Council Member Jones expressed approval of Starlink for the storm season, asking if it
would be ready for the current storm season. The MIS Manager confirmed they have
Starlink access through other means for emergencies and are working through an extended
process with the state for a state contract and restrictions.
The meeting recessed as 12:45 p.m. for lunch and all member returned at 12:30 p.m.
E. Finance Department
The City Manager welcomed everyone back from lunch, announcing the transition to the
Finance Department budget. The City Manager stated that the proposed budget for the
Finance Department for this fiscal year is $903,975, which represents an increase of
$179,203. The City Manager directed attention to page 31 of the budget document,
reiterating a point discussed in numerous other departments regarding the difference in
salaries and personnel services. He explained that this significant difference is largely due
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FY 2025-2026 Budget Workshop July 17, 2025 Page 18
to the Chief Financial Officer's (CFO) salary, as the Finance Director was brought on board
closer to the beginning of the calendar year, meaning his full salary was not initially
projected. Additionally, the previous Finance Director, who was part-time, had very few
hours during the initial period of the fiscal year. The City Manager stated that operating
expenses are showing an increase of $54,432, before turning the presentation over to the
Finance Director.
The Finance Director began by confirming that, in addition to the CFO position, a vacant
Finance Assistant position has also been filled, contributing to the personnel changes. The
City Manager further clarified that this Finance Assistant position was new two years prior,
but remained unfilled until the past fiscal year. He explained that an employee from Human
Resources had been working in HR until this position was filled, which accounts for a large
portion of the salary difference in the Finance Department's personnel services, as both the
CFO and Finance Assistant positions were not initially filled.
The Finance Director then discussed other items added to the operating budget. He stated
that they contracted with ADP for additional services that overlap with HR, such as
employee onboarding for benefits selection and a system for surveying and polling
employees, leveraging ADP's existing data and payroll services.
The Finance Director also highlighted a new procurement software in the budget, as the
procurement officer seeks to upgrade to a more integrated and interactive system, with
OpenGov and Una among those being considered. The Finance Director noted that the
procurement officer is currently holding off on a decision because he also wants to evaluate
budgeting software, as the current budgeting process is manual and spreadsheet -based.
He explained that data is manually compiled from spreadsheets, reports are manually
generated, and the budget book is a physical compilation of these spreadsheets. The
Finance Director provided the Council with a handout detailing some items from his wish
list that were not included in the original budget. He specifically highlighted OpenGov,
which is being considered for both procurement and budgeting, and which Code
Enforcement is also looking to contract with for permitting and licensing. The City Manager
confirmed that currently, only the Finance Department and Code Enforcement are actively
evaluating OpenGov.
The City Manager emphasized that bundling modules, such as procurement and
budgeting, with a single company like OpenGov, could lead to better pricing, potentially a
30-35% discount. He noted that the procurement module alone costs $22,000, including a
$14,900 implementation fee, with an annual cost of about $8,000. The Finance Director
agreed on the advantages of a single platform, stating that they are currently evaluating
OpenGov and Una, both of which offer budgeting, online budget books, and procurement
options. He mentioned that while procurement is already budgeted for, the budgeting
platform, including implementation and annual costs, is estimated to be between $40,000
and $60,000 for the first year, with ongoing costs of $20,000 to $30,000. The Finance
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Director explained that this platform would centralize all budgeting activities, allowing for
requests for performance management, operating and capital budgets, and workforce
planning. He stated the final product would be an online, dynamic budget book that can
tie budget initiatives to strategic plan objectives and comply with GFOA award programs.
The Finance Director offered to provide references to other government websites utilizing
similar online budget books.
Council Member Jones inquired if the software would provide flexibility for specific
requests from the Budget Advisory Review or individual Council Members. The Finance
Director confirmed that it offers extensive flexibility for drilling down into information, with
features like interactive maps for capital projects. The City Manager affirmed this, stating
that the software allows users to drill down to specific areas of interest. Council Member
Nunn asked about implementation costs if modules were added separately. The Finance
Director explained that while a bundle offers a 35% discount, individual components would
incur separate implementation costs. Council Member Dodd clarified that implementation
primarily involves migrating existing data into the new system. The Finance Director added
that the procurement module also includes contract management, providing dynamic
tracking of contract renewals, thereby modernizing their technology. The City Manager
noted that the software tracks financial accounts against the budget, providing real-time
allocation and spending data. Finance Director Stewart confirmed that OpenGov and Una
both integrate with Tyler, their current financial system, which is a key reason for their
consideration.
Council Member Dodd suggested that the software implementation could be funded off
budget after the current budget process. The City Manager responded by acknowledging
the tedious manual process currently handled by the Assistant Finance Director, involving
numerous Excel spreadsheets and manual compilation. He stated that he has challenged
the team to accelerate the budget process for next year, aiming for a June meeting, which
would necessitate greater efficiency. The City Manager recognized that this is a tough
budget year for new initiatives, but noted that Code Enforcement's strategic initiative is
moving forward. He suggested a discussion on whether to prioritize the procurement or
budgeting module, or if a combined approach with the 35% discount would be more
feasible. The City Manager emphasized that any decision would need to be implemented
shortly after October 1 st to allow for data compilation for the January -February timeframe.
The City Manager stated that, based on discussions, changes would be made to the current
budget document.
Council Member Dodd expressed his personal view that implementing such software is a
given and aligns with the strategic plan's focus on efficiencies. He suggested adding the
cost of the software package for budgeting, purchasing, and code enforcement to the
current budget, even if it means an additional $60,000 to $90,000, believing the savings in
staff time would justify the cost. Council Member Nunn, from an IT perspective, expressed
surprise that Excel spreadsheets are still being used for such critical functions, due to
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FY 2025-2026 Budget Workshop July 17, 2025 Page 20
corruption issues. He strongly advocated for adding the software to the budget,
considering it the most impactful item. Council Member Jones agreed, emphasizing the
time savings and efficiency. Council Member Nunn stressed the importance of a single,
updatable application, rather than relying on manual compilation by staff. Council Member
Jones added that relying on one person for such extensive manual work invites
inefficiencies and potential issues. Council Member Nunn urged serious consideration for
including this in the budget. The City Manager affirmed their commitment to doing what is
best for the city and exploring options. The Finance Director agreed, stating that while the
new system costs more money upfront, it offers greater efficiencies. Council Member Nunn
countered that the current manual process likely costs more in man-hours, making the new
system potentially cost -neutral in the long run while offering significant improvements.
The Finance Director then introduced additional items from Tyler, their current system, that
the Finance Department needs. He highlighted a reporting service, which would cost
approximately $7,200 for the first year, including implementation. The Finance Director
explained that current data extraction for reports, such as the commission report, is difficult
and time-consuming, requiring manual pulling into Excel. He also presented a Content
Manager, which he described as the best feature Tyler has. This system centralizes all
financial documents (e.g., purchase orders, invoices, checks) into one searchable location,
allowing users to find related documents easily. Council Member Dodd clarified if this was
a records management function or for the financial system itself. Finance Director Stewart
confirmed it was for the financial system, integrating all Tyler documents, but clarified that
it does not replace the records management function handled by Laserfiche. He stated that
the Content Manager would cost $10,580 for the first year with implementation.
The Finance Director discussed the PACE program, a $9,300three-year contract (cancellable
anytime), where Tyler would assess the City's utilization of its software and identify
opportunities for greater efficiency and integration, including live training and conference
passes. He concluded that these four items would significantly advance the Finance
Department. Council Member Nunn added that Tyler also integrates with Laserfiche for
document management.
The City Manager then opened the floor for questions on the Finance Department budget.
The Finance Director noted that the budget includes funds for training and conference
attendance, emphasizing the importance of staying updated with technology and earning
continuing education units.
The City Manager then shifted the discussion to the retirement option, stating that he and
the Finance Director had met to gather data. He clarified that a spreadsheet provided to the
Council with options, but the dollar amounts were based on the rollback rate, whereas the
current document shows the increase/decrease in general fund reserves, which is crucial
for covering the proposed budget.
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The Finance Director then presented on retirement options, having researched FRS,
independent agencies, and the Florida League of Cities. He found the Florida League of
Cities offered better options and lower administrative costs, making it the preferred choice,
with FRS's only benefit being transferability. The Finance Director noted that 489
independent plans exist in Florida, indicating the popularity of custom plans. He explained
that the study provided to the Council shows actuary -derived costs based on parameters
given by the city, which are negotiable. He stated plan they chose mirrored an existing one,
with assumptions including a three-year final average pay of base pay only for benefit
calculation. The Finance Director explained that the factor, which varies by plan, determines
the monthly benefit (e.g., FRS has a 1.6 factor, while the current CWA plan has a 1.0 factor
with zero employee contribution, unlike FRS's 3%). The Finance director informed that
assumptions for the proposed plan include normal retirement at 55 with 25 years of service,
or 60 with five years (five-year vesting), and early retirement at 55 with five years (actuarially
reduced). He said normal payment form is a 10-year certain and life annuity, with other
options available and a pre -retirement death benefit is included, and there is 100% vesting
in five years. The Finance Director explained that the plan does not include disability
benefits or automatic cost -of -living adjustments (COLAs), which can be costly (e.g., the
police plan has a 1 % automatic COLA).
The Finance Director then presented a variable contribution rate based on a sliding scale,
designed to appeal to both young and older employees. He explained that employees
choosing a 0% contribution would have a factor of 1.0, mirroring their current CWA plan.
The City Manager clarified, stating that this 0% contribution option was a recent
consideration, allowing employees to maintain their current factor without contributing if
they choose. The Finance Director explained that this effectively offers 11 different plans,
allowing employees to choose their factor and contribution level. Council Member Dodd
asked if this was a one-time choice. The Finance Director stated that this has not yet been
defined, but suggested that if an employee chooses a higher rate later, they would need to
actuarially "buy up" to that rate for previous years, as it would be unfair to the plan
otherwise. Council Member Dodd agreed that employees should not be able to change
their factor just before retirement. The Finance Director noted that while actuaries prefer
fewer assumptions, employees appreciate the flexibility. The City Manager suggested a
one-time selection on October 1, 2025, with new hires making their choice, and possibly
allowing a change after five years of vesting, provided they buy back previous years. Council
Member Dodd expressed concern about the actuarial management cost of such flexibility
but supported giving employees the most flexibility possible within reason. Council
Member Jones agreed that employees should have the opportunity to choose based on
their financial situation. The Finance Director stated that this would need to be clearly
defined in the plan document. Council Member Dodd suggested that buybacks typically
occur during anniversary windows, not annually. The Finance Director clarified that
actuaries calculate buy -ups as of the request date.
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The Finance Director then presented the ongoing city cost of 13.71%, based on the plan
assumptions and a mix of employee contribution choices. He explained that this is the cost
for all employees to switch to this plan, compared to the current 9% budgeted. The
additional 4.71 % would cost approximately $278,000 for the general fund. Council Member
Dodd clarified that the $278,000 would be the increase to their budget. The Finance
Director explained that the 13.71% is an actuarial number based on employee data and
assumed contribution choices, acknowledging that actual choices would affect the rate. He
had erred on the high side for employee contributions. The City Manager stated that a
survey could be conducted to get realistic employee feedback on contribution choices, but
he believed the Finance Director's assumptions were good, with an average employee
contribution likely around 5-6%. The City Manager also stated that employees retiring in
less than five years would be given a one-time option to remain with their current 9%
Mission Square amount, as they would lose out by entering the new plan, especially higher -
salaried employees.
The City Manager stated that if they proceed with this plan, the City needs to be prepared
to budget an additional $280,000 against the general fund, or $378,000 against the total
fund balance accounts. The Finance Director clarified that the $378,000 includes other
funds like airport, building, golf, and stormwater. Council Member Dodd sought to confirm
the total budget increase. The Finance Director confirmed $378,000 for all funds and
$280,000 for the general fund only. Council Member Nunn asked if the other funds had the
money to cover their portion, to which the City Manager replied that they would need to
make adjustments only in stormwater, as it carries a larger deficit. The Finance Director
calculated the stormwater's portion based on its payroll. Council Member Nunn clarified
that the millage would not need to cover the entire $300,000, as other funds have their
portion, but the general fund would need to cover its $280,000. The City Manager affirmed
this. Council Member Dodd reiterated that the total budget impact is $378,000, which
impacts all accounts. The Finance Director clarified that only the general fund gets the
millage. Council Member Dodd acknowledged the total budget impact of $378,000, which
would add to the existing $900,000 deficit for the general fund. The City Manager clarified
that the $923,000 deficit for the general fund does not include other funds, so the addition
would be $280,000, not $380,000. Council Member Dodd sought to confirm the total
budget revenue and expenses, but the City Manager stated that enterprise funds are
separated and that the number is not in the current book. Council Member Nunn asked
about the increase for next year, assuming the numbers are accurate. The City Manager
stated it would be $380,000, with the Finance Director adding possibly.
The Finance Director then explained that the actuary's valuation for the police plan, done
on October 1, 2024, is for contributions applicable to the fiscal year ending September 30,
2026, meaning contributions start a year later. He stated that the first year of the plan does
not require contributions, a common setup in Florida. The Finance Director explained that
the downside is that an inherent factor (around 6-6.5%) is added to the liability, increasing
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FY 2025-2026 Budget Workshop July 17, 2025 Page 23
future contributions, effectively like an interest charge. He said if money is contributed
upfront as an advanced contribution (like the police plan's $200,000 advanced
contribution), it prevents the actuary from charging this interest. Council Member Nunn
likened this to a savings account.
The City Manager expressed his concern about not funding the plan from day one, fearing
a compounding effect of higher percentages, despite being told it would only be a 6% back
charge. He presented two options: fully funding the 13.7% this year and putting it into an
advanced payment, or only funding the 9% and using reserves for the difference. The City
Manager expressed concern that if they don't fully fund it this year, they will face the same
$380,000 request next year. He stated he is fine with whatever decision is made, but
emphasized his uneasiness with the compounding effect of not increasing the budget this
year. Council Member Dodd agreed that funding retirement plans is a fundamental
responsibility and that it should be funded from reserves (general fund or enterprise funds),
as a millage rate increase to cover the full amount is unattainable. He stated that the entire
$378,000 additional dollars should come from reserves, hoping future years can fund it from
the revenue stream.
The City Manager asked the Finance Director if fully funding this year from reserves would
go into an advanced payment. The Finance Director confirmed this, stating it would be
listed as advanced contributions in the actuarial report and would reduce future
contributions by earning investment income. He clarified that any amount can be advance -
funded. The City Manager then asked if employee contributions, starting October 1, 2025,
would also earn interest. The Finance Director confirmed that every dollar put into the
Florida Trust would earn investment dollars, helping in future years. Council Member Dodd
clarified that in future years, the budget would reflect the 13.71 % number, assuming
employee selections align with the assumptions. The City Manager explained that once the
plan is in place, an actuarial report for the following year would be received around October
1 st, similar to the police department's budgeting process, where the 18.8% (down from
21.9% previously) is budgeted a year in advance. He clarified that the police plan's actual
cost is 28.2%, but state funding reduces the City's portion to 18.8%. The City Manager
reiterated that an advance payment would allow them to cover budget deficits in lean years
without dipping into general reserves. Council Member Dodd stated that future years
would properly fund the plan through the actuarial statement. He expressed his personal
preference to fund it now, whether it's an additional $378,000 or $150,000, noting that
enterprise fund reserves and general fund reserves have enough money to cover their
portions without impacting the millage rate. Council Member Dodd emphasized that this
money is being moved into a retirement plan, not spent. The Finance Director clarified that
it would not affect the general fund balance, as it's a cash transfer, reducing liability. Council
Member Dodd agreed that it's a cash movement, not spending.
The City Manager stated that they would proceed with withdrawing documents from the
CWA, conducting an actuarial study, and surveying employees to gauge anticipated
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contribution rates. He confirmed that when the budget is presented in September, the
general fund budget will not be increased beyond the current 9%, with reserves utilized for
any additional amounts, and funding of the account will begin this year. Council Member
Dodd and Council Member Jones affirmed this approach. The City Manager asked if there
were any issues with the employee contribution options, which he believed offered a wide
range of choices, and stated that multiple meetings would be held with employees to
explain the process. Council Member Dodd's only concern was ensuring the plan document
spells out how employees can move between contribution levels. The Finance Director
acknowledged this need for clear direction, noting that forcing buybacks for higher rates
might deter employees. Council Member Dodd believed this was an actuarial issue and that
the City should offer the most flexibility possible. Council Member Jones agreed that
flexibility and choice are important. The Finance Director stated that this would need to be
defined in the plan document. Council Member Dodd suggested that buybacks typically
occur on anniversary windows, not annually. The Finance Director noted that actuaries can
calculate buy -ups at any time.
The City Manager stated that these were some options discussed. He clarified that a pension
board would need to be established, and that a lot of work would be involved over the next
two months with the League of Cities, attorneys, and actuaries. He assured the Council that
all documents, parameters, and ordinances would be fully disclosed and discussed at
multiple meetings for their approval. Council Member Dodd expressed that he believes this
is a good deal for our employees.
The City Manager then provided a clearer picture of how the budget would be affected by
different millage rates. He stated that if the city were to go to the rollback rate, there would
be a $1.35 billion deficit in the current proposed general fund budget. The City Manager
informed that the current millage rate of 3.1955, the deficit would be $923,178. He
displayed that as the millage rates increase, the deficit decreases. Mayor McPartlan asked if
this included the $300,000 for the railroad. The City Manager explained that the $223,000
for Barber Street is scheduled for August 3rd or 9th and will fall into this fiscal year. He stated
that they are looking into Local Option Gas Tax or other options, but if not, they will come
to the Council for reserves. The City Manager informed that the $90,000 for November will
be covered by funds outside the general fund, so, neither of these will need to be covered
in this budget, though the $223,000 might require general fund reserves if other allocations
are not possible. The City Manager also noted a $200,000 cushion from last year's R&R
account. Mayor McPartlan asked if the budget included salary increases. The City Manager
confirmed that it does, with a varying range, and that the current across-the-board number
is 6%. Council Member Nunn asked for the millage rate for a "zero" deficit. The City Manager
estimated it would be close to 3.5455 to 3.5955. He emphasized that the budget workshops
provide comprehensive information to the Council, detailing line -item breakdowns. He
noted that while further operating cuts are possible, they would be noticeable. The City
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Manager assured the Council that staff is already working on identifying areas for further
reductions, even small ones, to contribute to the overall goal.
Council Member Dodd stated that the choice on Wednesday would be between funding
the deficit through tax increases or reserves. He expressed his opinion that there is "not a
whole lot of fat" in the budget, perhaps only $100 here or $1,000 there, and that it would
be impossible to reduce the budget by $900,000 or even $78,000. He hoped that the public
watching the sessions would gain a better understanding of the budget's constraints.
Council Member Nunn agreed that they had already cut "some of the meat off." The City
Manager confirmed that he had cut department budgets more than they needed. Mayor
McPartlan added that the public has seen the improved level of service from the city in
recent years, indicating there is nothing left to cut.
Council Member Jones asked about the total general fund reserve balance. The City
Manager stated it is approximately $8.6 million, with $200,000 recently spent on retirement.
He clarified that the $8.6 million includes restricted funds and assigned funds, totaling
about $1.5 million in liabilities, including an estimated $389,000 for employee payouts this
fiscal year. Council Member Jones noted that the agreed -upon reserve was $7 million.
Council Member Dodd emphasized that the decision on Wednesday would be about how
to fund the deficit. He reminded the Council of the demographic of older, retired residents
with limited cash flow, and that even small tax increases can impact them. Council Member
Nunn added that every change affects residents, and they do not want more taxes.
The City Manager concluded by stating that he and Finance Director Stewart would finalize
their budget recommendations, which would likely include some one-time expenditures
from reserves. He cautioned against using reserves for ongoing expenses, as this could
create long-term financial issues. He confirmed that the meeting packets for the City
Council and the Budget Advisory Committee would be ready the following day. The Budget
Advisory Committee is scheduled to meet on Monday, followed by the Parks and Recreation
meeting on Tuesday, and the City Council meeting on Wednesday.
7. Being no further business, the City Manager adjourned the workshop at 1:40 p.m
39
CITY OF SEBASTIAN
CITY COUNCIL STAFF REPORT
DATE August 27, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Jeanette Williams, City Clerk
Consider Approval of Draft July 23, 2025 City
SUBJECT Council Minutes
EXECUTIVE SUMMARY
Draft minutes of the July 23, 2025 City Council meeting are presented for review.
RECOMMENDATION
Request changes if necessary. Consider approval of minutes.
ATTACHMENTS:
1. July 23, 2025 City Council Minutes
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
N/A N/A N/A
Additional Funds Needed: $ 0.00
40
CITY OF
Sfj3ASTIAN
;ii�
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, JULY 23, 2025 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor McPartlan called the Regular City Council meeting to order at 6:00 p.m.
2. Pastor Grant Foster, Riverside Church, gave the invocation.
3. Vice Mayor Jones led the Pledge of Allegiance
4. ROLL CALL
Mayor Bob McPartlan
Vice Mayor Fred Jones
Council Member Ed Dodd
Council Member Chris Nunn (via Zoom)
Staff Present:
City Manager Brian Benton
City Clerk Jeanette Williams
City Attorney Jennifer Cockcroft
Finance Director/CFO Brian Stewart
Community Development Director Alix Bernard
Community Development Manager Dorri Bosworth
Senior Planner Michelle Faulkner
Parks and Recreation Director Richard Blankenship
Procurement and Contracts Manager Jessica Graham
Public Works Director Lee Plourde
Human Resources Director Cindy Watson
Human Resources Assistant Kristen Sullivan
MIS Manager Barbara Brooke -Reese
Police Chief Daniel Acosta
Deputy Police Chief Tim Wood
5. AGENDA MODIFICATIONS - None
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
25.007 A. Certificate of ADDreciation to Paul Dovell, Natural Resources Board Service
41
Regular City Council Meeting
July 23, 2025
Page 2
Mayor McPartlan read and presented a certificate of appreciation to Mr. Dovell for his
Natural Resources Board service. Mr. Dovell said it was an honor to serve.
Vice Mayor Jones announced there would be a Sebastian Police Department Back to
School Fun Day in Riverview Park on Friday, July 25". There will also be a Treasure Coast
Waterway Cleanup on Saturday, July 261h and invited those interested to meet at the
Main Street Boat Ramp at 8:00 a.m. He also announced the Chamber of Commerce's
Grill Out would be held August 8th from 5:30 p.m. to 8:00 p.m.
7. PUBLIC INPUT
Jim Clifton, 817 Cain Street, said yesterday, staff did a mark -out on Cain Street and he
asked to see the plans for the work because as it was explained, the likely outcome of
the work will be an impaired, not an improved ditch. He said he is available most of the
time to discuss the work. The Public Works Director gave him his card to set up a
meeting.
8. CONSENT AGENDA
A. Consider Approval of June 9, 2025 City Council Minutes
B. Consider Approval of June 25, 2025 City Council Minutes
25.111 C. Alcohol Beverage Approval - Jennings Family
25.112 D. Alcohol Beverage Approval - Shephard Family
25.113 E. Consideration of Road Closures and the Use of the Mobile Stage (without Fees)
for the Sebastian River High School Homecoming Parade
MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve
Consent Agenda Items A-E.
Roll call: Vice Mayor Jones - aye
Council Member Dodd - aye
Council Member Nunn - aye
Mayor McPartlan - aye
Motion carried. 4-0
9. COMMITTEE REPORTS & APPOINTMENTS
25.114 A. Consider Citizen Appointment to Construction Board
The City Clerk said she has been contacted by Sonja Pedretti who isn't a contractor but
would like to serve her community on the Construction Board as a non -contractor.
42
Regular City Council Meeting
July 23, 2025
Page 3
Council Member Dodd and Council Member Nunn suggested that she could serve in
the alternate member position that expires on September 2025 but extend her position
until 2027.
Council Member Dodd asked the City Attorney if a citizen could fill a contractor position.
The City Attorney asked for a moment to pull up the code.
25.007 B. Consider the Appointment of Three Expired Natural Resources Board Rea_ ular
Member Positions
The City Clerk said the three incumbents would like to serve another term and pointed
out the she was currently advertising to fill the vacant regular member position.
MOTION by Vice Mayor Jones and SECOND by Council Member Dodd to have the three
incumbents serve another term passed with a unanimous voice vote.
Council Member Nunn asked to waive the advertising requirements to fill the regular
member position with one of the alternates. The City Attorney advised that since the
position is currently being advertised, they should fill it at the next meeting.
In reference to the Construction Board appointment, the City Attorney advised that the
code provides the board shall be comprised of seven members and, as far as practical,
shall consist of two licensed or certified contractors, one electrical contractor, one
heating and ventilation contractor, one architect or engineer, one plumbing contractor,
and one concerned citizen. The City Council may also appoint one or two alternate
members for a term of three years. She said they could waive those requirements but
since the code does say the term is three years, they should allow for a three-year term.
MOTION by Council Member Nunn and SECOND by Council Member Dodd to appoint
Ms. Pendretti to the alternate contractor position with a term to expire September 30,
2028.
10. PUBLIC HEARINGS
25.115 A. Consideration of Communitv Development Block Grant (CDBG) Five -Year
Consolidated Plan and Annual Action Plan - Public Hearina_ and Adoption of
Resolution No. R-25-26
The Community Development Director said this five-year plan requires City Council
approval. There was a 30-day comment period to which they did not receive any
comments.
43
Regular City Council Meeting
July 23, 2025
Page 4
Joseph Sheets, Anser Consulting, gave a PowerPoint presentation describing how the
program has rehabilitated 25 housing units and replaced the sidewalk along North
Central Avenue to date. (See attached) The City anticipates receiving $116,320 this year.
MOTION by Vice Mayor Jones and SECOND by Council Member Dodd to approve
Resolution No. R-25-26. There was no public input.
Roll call: Council Member Dodd - aye
Council Member Nunn - aye
Mayor McPartlan - aye
Vice Mayor Jones - aye
Motion carried. 4-0
11. UNFINISHED BUSINESS - None
12. NEW BUSINESS
25.116 A. Emalovee Benefit Renewal Presentation
Louis Centano, Gehring Group, displayed a PowerPoint going over the
recommendations for renewal; the medical rate history; the 2025 renewal and RFP
process for the dental and vision lines of coverage. (See attached) He described the Blue
Value Solutions point attainment system that correlates to the percentage increase that
will be experienced by the employees for their health insurance.
For the dental and vision, he recommended a carrier change from Humana to MetLife;
and, remaining with Lincoln Financial for the life insurance, voluntary life insurance,
short-term disability, long-term disability, and employee assistance program.
MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to approve the
employee benefit renewals as recommended by the Gehring Group.
Roll call: Council Member Nunn - aye
Mayor McPartlan - aye
Vice Mayor Jones - aye
Council Member Dodd - aye
Motion carried. 4-0
25.035 B. Consideration of a Motion to Set the Proaosed Millaae at 3.5455 for FY2026 and
Direct the Citv Manaaer to Execute and Transmit the Reauired Forms
The Finance Director thanked Council and staff for their hard work in putting the budget
together. He said some current factors affecting this year's budget are that the
consumer price index inflation is up 2.4% for the year ending May 2025; interest rates
remain high; the Fed's target rate at 4.25% to 4.5% is causing housing prices to decline
44
Regular City Council Meeting
July 23, 2025
Page 5
but it helps with interest revenue in the excess fund balance funds. The Florida
unemployment is trending higher, up to 4% year over year in May and the Florida
housing prices are down 2% year over year and 3.4% in Sebastian. However, a recent
report just came out showing Sebastian housing prices are down 7.9%, which of the
cities that were surveyed by Consumer Affairs across the United States, Sebastian was
number 5 with the highest percent of decline in housing prices.
The Sebastian taxable assessed value is up 8.4% for FY '26. Some unknown budget
variables include the ongoing police and supervisor union negotiations and the non-
union employee pay increases.
The General Fund is expected to increase 3.8% due to personnel costs and operating
expenditures, and he went over the Enterprise Funds. (Slides 6-8) He then went over
the Special Revenue Funds. (Slides 9-15)
He said the certified taxable values increased by $193,311,991 or 8.4% above 2025. This
was made up of additions which account for $58,569,929 or 2.55% of the increase and
the reassessments were $134,7420,062 or 5.86% of the increase. This makes the rolled -
back rate at 3.0148 and staff is proposing a millage of 3.5455 which is an increase of 0.35
mils. To use the rolled -back rate to fund this budget it would require using $1,300,000
of the General Fund Reserves.
He displayed slide 21 showing the millage impact on various home values. Setting the
proposed millage for the trim notices at 3.5455 will be advertised as a 17.60% tax
increase and he asked for Council approval of the tentative millage rate at 3.5455.
Lance Lunsford, President of the Taxpayers Association of Indian County, thanked
Council and staff for their collaboration and openness. He said the association is
recommending flexibility in the assessment of millage rates because of the
unprecedented wave of growth here in Indian River County and they would like to make
sure the City is prepared to handle the demand.
Council Member Dodd said he had concerns over the many unknowns which are going
to impact the budget such as the new retirement plan. They will have to either use
reserves or tax increases to cover them. There are some small things that they can do,
but there's nothing major enough for us to be able to not increase taxes.
The City Manager said he has already dipped into the reserves for about $300,000 and
there were many places that he has already squeezed but if Council wanted to set the
millage a quarter mill, he would make it work. He said he was concerned about the
property and liability increase because it wouldn't come in until early September. The
only two funds that have sizable reserves are the Discretionary Sales Tax (DST) Fund and
the Stormwater Fund. The DST Fund could fund the three airport projects but not the
railroad crossing maintenance or salaries. The DST fund could also pay mill and overlay
road paving but not preservation.
45
Regular City Council Meeting
July 23, 2025
Page 6
Discussion followed on keeping the quality of life where it is so the City doesn't have to
catch up later and let staff find opportunities for additional savings. Mayor McPartlan
said the Budget Review Committee was in support of the staff recommendation and
with that, he made a MOTION to set the proposed trim at 3.5455 which was SECONDED
by Vice Mayor Jones.
Roll call: Mayor McPartlan - aye
Vice Mayor Jones - aye
Council Member Dodd - aye
Council Member Nunn - aye
Motion carried. 4-0
The Finance Director said the two budget hearings are scheduled for September 15 and
24, 2025.
25.117 C. Consideration of Resolution No. R-25-25 to Accer)t FAA Grant Aareement -
Desian Rer)air and Reseal of Runwav 10-28, Givina ADr)roval for Citv Manaaer to
Execute and Allocate 55,400 from Airaort Reserves for the Matchina Funds
The City Manager said in a recent PCI study, the runway was getting close to the bottom
of the satisfactory rating. He said the FAA is willing to fund the design and hopefully
they will be on board with helping with the construction. He requested approval.
MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve
Resolution No. R-25-25. There was no public input.
Vice Mayor Jones
- aye
Council Member Dodd
- aye
Council Member Nunn
- aye
Mayor McPartlan
- aye
Motion carried. 4-0
13. CITY ATTORNEY MATTERS
The City Attorney said there was some recent legislation enacted regarding local
government restrictions on comprehensive plan amendments, development orders,
and the like. She was contacted by Weiss, Serota, Helfman, Cole and Bierman who are
willing to take this on for a fee of $10,000, with an additional $5,000 for each appellate
level. She distributed a sample resolution for Council to review to determine if they
would like to join the lawsuit.
It was the consensus of Council to have the City Attorney investigate what other cities
have joined the lawsuit and bring back the resolution to their August meeting.
46
Regular City Council Meeting
July 23, 2025
Page 7
14. CITY MANAGER MATTERS
The City Manager said every municipality has received a DOGE request for information
from the Florida Governor's Office on July 11 in regards to fiscal years '21, '22, '23, and
'24, and all of the revenue sources those municipalities have and how they have
expended those funds amongst their departments. He has asked the auditing firm, Carr
Riggs and Ingram, for their assistance in responding to the request before Monday's
deadline.
Stonecror) Pro iect
The current plan was to be finished by the end of July but when the contractor was
beginning to grade the sides of the ditches for the sod, it was noticed that some of the
mats have started to fail indicating erosion from the underside causing the mats to lift
up and ripple. He said he has requested a plan of action from the contractor on how to
correct the issue.
Laconia Street Pro iect
He reported that the Laconia project did require a little bit of a redesign because water
was running off to the sides which could undermine the backside of the wing walls.
Staff is looking into installing a portion of curb to force the water down into the ditches.
Board Member Polo Shirts
The City Manager said historically, the City has provided board members with a green
polo shirt with the City's logo and at times, it has caused some issues with members of
the public and businesses who think the board member is an employee of the City. In
moving forward, he asked Council if they would like to add the word volunteer
underneath the logo or add the board name and the word volunteer. He added there
has been some discussions by board members about the fit of the shirt itself since it is
a standard male polo shirt. He asked for Council feedback going forward.
It was the consensus of Council to add the word volunteer to a green dry -fit shirt and
provide a ladies cut for the ladies. The City Manager will look into the length of the
various board names to see if it will fit on the shirt.
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
Council Member Dodd - None
Vice Mayor Jones - None
Mayor McPartlan said staff did a fantastic job with the two-day budget workshop. He
said he knows the budget is as tight as possible and staff will find more savings. He
thanked everyone for their work on that.
47
Regular City Council Meeting
July 23, 2025
Page 8
Council Member Nunn invited the public to watch the two-day budget workshop to
understand more about the business of the City because it goes through every single
department and what they need to operate the City.
17. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting
at 7:33 p.m.
Approved at the August 27, 2025 Regular City Council meeting
Mayor Bob McPartlan
ATTEST
Jeanette Williams, City Clerk
48
CITY OF SEBASTIAN
OF 5EBgr
V
_ �.
O
�FPFIICP�
CITY COUNCIL STAFF REPORT
DATE August 27, zoz5
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Ron Paul, Parks and Recreation Administrative Asst.
SUBJECT Alcohol Beverage Approval — Kenny Family
EXECUTIVE SUMMARY
The Kenny Family is having a Birthday Party at the Community Center on November 22nd, 2025 and
they are requesting permission to serve alcoholic beverages.
RECOMMENDATION
Staff recommends approval
ATTACHMENTS:
i. Rental Application
2. Payment Receipt
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
N/A N/A N/A
Additional Funds Needed:
49
ADOPTION AGREEMENT FOR THE RETIREMENT PLAN AND TRUST FOR THE GENERAL EMPLOYEES
OF THE CITY OF SEBASTIAN
b) Five or ten years certain basis: A Participant may elect to take a reduced benefit on a
basis providing that such benefit shall be payable for a period of life and five or ten
years certain in any event.
c) Joint Pensioner option: Monthly income payment for the life of the Participant and after
his death, a joint pensioner benefit payable for the life of the joint pensioner equal to,
100%, 75%, 66 2/3%, or 50% of the amount payable to the Participant.
I. DEATH BENEFITS
1) Death Prior to Vesting:
If a Participant dies prior to retirement, and they are not vested, their beneficiary shall
receive a refund of one hundred percent (100%) of the Participant's accumulated
contributions without interest, including any service credit buy back payments.
2) Death After Vestinq:
In the event of the death prior to retirement of a vested Participant, the Participant's
named beneficiary will receive a monthly annuity for 10 years certain beginning on the
date the Participant would have reached normal retirement age equal to the
Participant's monthly accrued benefit. If at the time of death, the Participant's named
beneficiary is the Participant's legal spouse, then such surviving spouse may choose
to receive a portion of the Participant's monthly accrued benefit payable for his or her
lifetime in lieu of receiving the 10-year certain annuity otherwise described in this
section. The surviving spouse's benefit will be equal to the amount that would have
been payable to the surviving spouse calculated as if the deceased Participant had
survived to his or her normal retirement age without earning any additional service or
benefits under the Plan and had elected a 100% joint and survivor annuity with the
surviving spouse as the joint annuitant. Furthermore, the surviving spouse may elect
to convert the monthly annuity that would otherwise be payable at the Participant's
normal retirement age into an actuarially equivalent monthly annuity payable for life to
the surviving spouse beginning at any time after the Participant's death.
RM94 S lyy II►/_AIIs] ► to] a4kviI�WeyjLVi1:11►111i_1►1B1TJ:&,]IIzW
If a Participant's employment is terminated either voluntarily or involuntarily the following
benefits are payable:
1) If the Participant is not vested upon termination of employment, the Participant shall be
entitled to a refund of his accumulated contributions without interest, including any service
credit buy back payments, or the Participant may leave the accumulated contributions
deposited with the Fund.
2) If the Participant is vested upon termination of employment, the Participant shall be entitled
to their accrued monthly retirement benefit starting at the Participant's otherwise normal
or early retirement date, provided he does not elect to withdraw his contributions, without
interest, and provided he survives to his normal or early retirement date. Early and normal
retirement dates are based on actual earned years of credited service and attainment of
applicable age.
K. EMPLOYEE CONTRIBUTIONS
Upon Plan enrollment, Participants must choose a Pre-tax contribution rate per Section G)(2)
above, which will determine their Plan factor upon retirement. This election may be changed
5 151
ADOPTION AGREEMENT FOR THE RETIREMENT PLAN AND TRUST FOR THE GENERAL EMPLOYEES
OF THE CITY OF SEBASTIAN
effective 10/1/2030 and may be irrevocably changed every five (5) years after this date to be
effective October 1. Changes must be requested prior to September 15 of the corresponding
year.
L. ONE-TIME OPT OUT OPTION:
At Plan implementation, there will be a one-time irrevocable opt out option for eligible
general employees under which eligible general employees may elect to participate in the
City's 401(a) plan currently with Mission Square. If the Employee chooses to opt out, the
Employer will contribute 9% of the Employee's Pensionable Earnings for a maximum of
five (5) years, at which point no further contributions will be made.
M. COST OF LIVING ADJUSTMENT:
Not applicable unless otherwise stated.
N. DEFERRED RETIREMENT OPTION PROGRAM -"DROP":
Not applicable unless otherwise stated.
This Adoption Agreement may be used only in conjunction with the Basic Defined Benefit Plan
Document.
This Adoption Agreement and the Basic Defined Benefit Plan Document shall together be known
as the Retirement Plan and Trust for the General Employees of the City of Sebastian.
The Adoption Agreement and the Basic Defined Benefit Plan Document are furnished for
the consideration of the Employer and its legal and financial advisors. The Florida
Municipal Pension Trust Fund advises the sponsoring Employer to consult with its own
attorney and financial advisors on the legal and tax implications of the Defined Benefit
Plan and the Adoption Agreement. Nothing herein should be construed as constituting
legal or tax advice.
We understand that the Employer may amend any election in this Adoption Agreement by giving
the Trustee written notification of such Amendment as adopted.
The Employer hereby agrees to operate under the provisions of the Master Trust Agreement
creating the Florida Municipal Pension Trust Fund, which is incorporated in full into this Agreement
and attached hereto as Exhibit A to the Basic Defined Benefit Plan Document and the Adoption
Agreement.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE PAGE TO FOLLOW]
6 152
ADOPTION AGREEMENT FOR THE RETIREMENT PLAN AND TRUST FOR THE GENERAL EMPLOYEES
OF THE CITY OF SEBASTIAN
IN WITNESS WHEREOF, the Employer and Trustee hereby cause this Agreement to be
executed on this day of 120
ATTEST:
Jeannette Williams, MMC
City Clerk
EMPLOYER:
CITY OF SEBASTIAN
Bob McPartlan, Mayor
APPROVED AS TO FORM & LEGALITY:
Jennifer Cockcroft, Esq., City Attorney
7
153
ADOPTION AGREEMENT FOR THE RETIREMENT PLAN AND TRUST FOR THE GENERAL EMPLOYEES
OF THE CITY OF SEBASTIAN
EXHIBIT A:
154
='� FMPTF
FLORIDA MUNICIPAL PENSION TRUST FUND
FLORIDA MUNICIPAL PENSION
TRUST FUND
DEFINED BENEFIT PLAN DOCUMENT
RESTATED AND AMENDED AS OF September 21, 2023
Sponsored and Administered by:
FLORIDA LEAGUE OF CITIES, INC.
301 S. Bronough Street, P.O. Box 1757
Tallahassee, FL 32302-1757
(850) 222-9684
Fax (850) 222-3806
00239131-I
155
ARTICLE 1
Section 1.01-
Section 1.31
ARTICLE 2
TABLE OF CONTENTS
DEFINITIONS
Definitions
PARTICIPATION
5
Section 2.01
Conditions of Eligibility
15
Section 2.02
Participation
15
Section 2.03
Change in Designation of Beneficiary
16
ARTICLE 3
BOARD OF TRUSTEES
Section 3.01
Board of Trustees
17
ARTICLE 4
FINANCES AND FUND MANAGEMENT
Section 4.01
Establishment and Operation of Fund
20
ARTICLE 5
CONTRIBUTIONS
Section 5.01
Participant Contributions
25
Section 5.02
State Contribution
25
Section 5.03
Employer Contributions
25
Section 5.04
Other
26
/_1:4111IWI3=1LI=1akr_1LTi[oll]kik16V_1►I07=11111lei l 314kwo
Section 6.01
Normal Retirement Date
27
Section 6.02
Normal Retirement Benefit
27
Section 6.03
Normal Form of Benefit
28
Section 6.04
Cost of Living Adjustments to Benefit Payments
28
Section 6.05
Early Retirement Date
28
Section 6.06
Early Retirement Benefit
29
Section 6.07
Deferred Retirement Option Program or "DROP"
29
Section 6.08
Required Distribution Date
30
Section 6.09
Defined Contribution Plan Component — Share Plan
30
ARTICLE 7 PRE -RETIREMENT DEATH
Section 7.01
Death Prior to Vesting In -Line -Of -Duty
34
Section 7.02
Death After Vesting In -Line -Of- Duty
34
Section 7.03
Death Prior to Vesting Off -Duty
34
Section 7.04
Death After Vesting Off -Duty
34
Section 7.05
Beneficiaries in Receipt of Payment
34
2
DB PLAN RESTATED and
AMENDED as of September 21, 2023
156
Section 7.06
Distribution of Benefits
34
Section 7.07
Benefit for Firefighters with Cancer
35
ARTICLE 8
DISABILITY
Section 8.01
Disability Benefits In the Line of Duty
36
Section 8.02
Disability Benefits Off -Duty
37
Section 8.03
Conditions Disqualifying Disability Benefits
37
Section 8.04
Physical Examination Requirement
38
Section 8.05
Disability Payments
39
Section 8.06
Disability Payments and Workers Compensation
39
Section 8.07
Benefit for Firefighters with Cancer
40
ARTICLE 9
VESTING
41
ARTICLE 10
OPTIONAL FORMS OF BENEFITS
43
ARTICLE 11
BENEFICIARIES
46
ARTICLE 12
CLAIMS PROCEDURES
47
ARTICLE 13
REPORTS TO DIVISION OF RETIREMENT
48
ARTICLE 14
ROSTER OF RETIREES
49
ARTICLE 15
BOARD ATTORNEY AND PROFESSIONALS
50
ARTICLE 16
MAXIMUM PENSION
Section 16.01
Basic Limitations
51
Section 16.02
Adjustment to Basic Limitation of Form of Benefit
51
Section 16.03
Less Than Ten (10) Years of Service
55
Section 16.04
Participation in Other Defined Benefit Plans
56
Section 16.05
Ten Thousand Dollar ($10,000) Limit
56
Section 16.06
Reduction of Benefits
56
Section 16.07
Service Credit Purchase Limits
57
Section 16.08
Additional Limitation on Pension Benefits
60
Section 16.09
Benefit Restoration Plan & Trust
60
ARTICLE 17
DISTRIBUTION OF BENEFITS
65
ARTICLE 18
MISCELLANEOUS PROVISIONS
Section 18.01
Interest of Participants in Pension Plan
69
Section 18.02
Summary Plan Descriptions
69
Section 18.03
Gender and Number
69
Section 18.04
Headings and References
69
3
DB PLAN RESTATED and AMENDED as of September 21, 2023
157
Section 18.05
Benefit Improvements
71
Section 18.06
Procedures for Unclaimed Benefit
71
Section 18.07
Qualified Military Service
71
Section 18.08
Domestic Relations Order Submission
72
Section 18.09
Prohibited Transaction
72
Section 18.10
Qualification of Plan
72
Section 18.11
Plan Amendments
72
ARTICLE 19
REPEAL OR TERMINATION OF PLAN
74
ARTICLE 20
EXEMPTION FROM EXECUTION, NON ASSIGNABILITY
78
ARTICLE 21
FORFEITURE OF PENSION:
CONVICTION AND FORFEITURE
79
ARTICLE 22
PENSION VALIDITY
82
ARTICLE 23
SIGNATORIES
83
EXHIBIT A
MASTER TRUST AGREEMENT
84
EXHIBIT B
ACTUARIAL EQUIVALENT
85
4
DB PLAN RESTATED and AMENDED as of September 21, 2023
158
ARTICLE 1
DEFINITIONS
As used herein, unless otherwise defined or required by the context, the following words
and phrases shall have the meaning indicated:
1.01 "Accumulated Contributions":
shall mean a Participant's own contributions without interest. For those Participant's
who purchase Credited Service with interest or at no cost to the Plan, only that portion
of any payment representing the amount attributable to the Participant's contributions
based on the applicable Participant contribution rate shall be included in
Accumulated Contributions.
1.02 "Accrued Benefit":
shall mean a fraction of the benefit to which a Participant would be entitled at their
Normal Retirement Date. The numerator of the fraction is the years of participation
completed to date and the denominator is the years of participation in the Plan that
would have been earned if the Participant continued employment until their Normal
Retirement Date.
1.03 "Actuary":
shall mean an actuary that is a member of the Society of Actuaries or the American
Academy of Actuaries and who is enrolled under subtitle C of Title III of the Employee
Retirement Income Security Act of 1974.
1.04 "Actuarial Equivalent":
Actuarial Equivalent is defined in the attachment marked Exhibit B.
1.05 "Adoption Agreement":
shall mean the document outlining the specific benefits of the Plan, as executed by
the Employer and attached to and made part of the Plan.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 159
1.06 "Average Final Compensation":
shall mean one -twelfth (1/12) of the average annual compensation of the five (5) best
years of the last ten (10) years of Credited Service prior to retirement, termination or
death, or the career average, whichever is greater, unless otherwise specified in the
Adoption Agreement. A year shall be defined as the twelve (12) consecutive months
immediately prior to death, disability or retirement. In the case of a Volunteer
Firefighter, Average Final Compensation shall mean the average salary of the five
(5) best years of the ten (10) best contributing years prior to change in status to a
permanent full-time Firefighter or retirement as a Volunteer Firefighter or the career
average of a Volunteer Firefighter, whichever is greater.
1.07 "Beneficiary":
shall mean the person or persons entitled to receive benefits hereunder at the death
of a Participant who has or have been designated in writing by the Participant and
filed with the Board. If no such designation is in effect, or if no person so designated
is living, at the time of death of the Participant, the beneficiary shall be the estate of
the Participant.
1.08 "Board":
Shall mean the Board of Trustees, which shall administer and manage the Plan
herein provided and serve as Trustees of the Fund.
1.09 "Code":
shall mean the Internal Revenue Code of 1986, as amended from time to time.
1.10 "Credited Service":
shall mean the total number of years and fractional parts of years as a Participant
during which the Participant made required contributions to the Plan, omitting
intervening years or fractional parts of years when such Participant is not employed
by the Employer. Credited Service may be given for years of employment as a Police
6
DB PLAN RESTATED and AMENDED as of September 21, 2023 160
Officer, Firefighter or Public Safety Officer, prior to plan inception at the discretion of
the Employer and as stated in the Adoption Agreement.
A Participant may voluntarily leave his Participant contributions in the Fund for a
period of five (5) years after leaving the employ of the Employer pending the
possibility of being rehired in a position eligible for participation in this Plan, without
losing credit for the time that he was a Participant in the Plan. If a vested Participant
does not become reemployed within five (5) years, then the Accumulated
Contributions will be returned to the Participant without interest, unless otherwise
specified in the Adoption Agreement, upon receipt of written request of the
Participant. If a Participant who is not vested is not reemployed with the Employer
within five (5) years, his Accumulated Contributions shall be returned without interest.
Upon return of a Participant's Accumulated Contribution, all rights and benefits under
the Plan are forfeited and terminated. Upon any reemployment in a position eligible
for participation in this Plan, a Participant shall not receive credit for the years and
fractional parts of years for which he has withdrawn his Accumulated Contributions
from the Plan unless the Participant repays into the Fund the contributions he has
withdrawn, with interest, as determined by the Board, within ninety (90) days after
reemployment.
A Participant shall receive Credited Service for all purposes, including vesting, for the
years or fractional parts of years that he performs "Qualified Military Service"
including voluntary or involuntary service in the armed forces of the United States as
defined in the Uniformed Services Employment and Reemployment Rights Act
(USERRA) (P.L. 103-353), after separation from employment with the Employer, to
perform training or service, provided that:
(A) The Participant must return to his employment with the Employer within one
(1) year following the date of military discharge or his release from active service.
(B) The Participant is entitled to reemployment under the provisions of
USERRA,
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DB PLAN RESTATED and AMENDED as of September 21, 2023 161
(C) The maximum credit for military service pursuant to this paragraph shall be
five (5) years.
(D) This section is intended to satisfy the minimum requirements of USERRA,
as may be amended from time to time. To the extent that this section does not
meet the minimum requirements of USERRA, the provisions of USERRA shall
govern.
If a participant dies on or after January 1, 2007 while performing Qualified Military
Service as defined by USERRA, the participant's beneficiaries shall be entitled to any
benefits the participant would have been entitled to had he or she resumed
employment and then died while employed.
Beginning January 1, 2009, to the extent required by section 414(u)(12) of the Code,
an individual receiving differential wage payments, as defined under section
3401(h)(2) of the_Code, from an employer shall be treated as employed by that
employer, and the differential wage payment shall be treated as compensation for
purposes of applying the limits on annual additions under section 415(c) of the Code.
This provision shall be applied to all similarly situated individuals in a reasonably
equivalent manner.
1.11 "Deferred Retirement Option Plan" or "DROP":
shall mean a local law plan retirement option in which a Participant may elect to
participate. A Participant may retire for all purposes of the plan and defer receipt of
retirement benefits into a DROP account while continuing employment with his
employer. However, a Participant who enters the DROP and who is otherwise
eligible to participate shall not thereby be precluded from participating or continuing
to participate in a supplemental plan in existence on, or created after, the date of
adoption of a DROP by the Employer pursuant to Section M, "DROP," of the Adoption
Agreement.
1.12 "Eariv Retirement Date":
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DB PLAN RESTATED and AMENDED as of September 21, 2023 162
shall mean the date which is specified in the Adoption Agreement - Section G3, Early
Retirement Date.
1.13 "Effective Date":
shall mean the date of this Plan as specified in the Adoption Agreement - Section Al.
1.14 "Emplovee":
shall mean the classes of employees designated as eligible to participate in this Plan
as specified in the Adoption Agreement - Section B., except as otherwise provided
in the Adoption Agreement.
1.15 "Emplover":
shall mean the municipality, governmental entity, public agency or political
subdivision established within the State of Florida that adopts this Plan.
1.16 "Firefighter":
shall mean any person employed solely by a constituted fire department or public
safety department of any municipality or special fire control district who is certified as
a Firefighter as a condition of employment in accordance with the provisions of
Section 633.35, FI. Stat., and whose duty is to extinguish fires, to protect life, and to
protect property. The term includes all certified, supervisory, and command
personnel whose duties include, in whole or in part, the supervision, training,
guidance, and management responsibilities of full-time firefighters, part-time
firefighters, or auxiliary firefighters but does not include part-time firefighters or
auxiliary firefighters.
1.17 "Fund":
shall mean the Trust Fund established herein as part of the Plan.
1.18 "Limitation Year":
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DB PLAN RESTATED and AMENDED as of September 21, 2023 163
shall mean the calendar year, or the 12-consecutive month period elected by an
Employer in the Adoption Agreement and approved by the FMPTF Master Trustee
or its designee. All qualified plans maintained by the Employer must use the same
Limitation Year. If the Limitation Year is amended to a different 12-consectuvie month
period, the new Limitation Year must begin on a date within the Limitation Year in
which the amendment is made.
1. 19 "Normal Retirement Date":
shall mean the date as specified in the Adoption Agreement - Section G1 Normal
Retirement Date.
1.20 "Participant or Member"
shall mean the actively employed Employees who are eligible to participate in this
Plan as specified in the Adoption Agreement - Section B, Plan and Section C,
Eligibility. Benefit improvements which, in the past, have been provided for by
amendments to the Plan adopted by the Employer by ordinance or resolution, and
any benefit improvements which might be made in the future shall apply
prospectively and shall not apply to Participants who terminate employment or who
retire prior to the effective date of any ordinance or resolution adopting such benefit
improvements, unless such ordinance or resolution specifically provides to the
contrary.
1.21 "Plan":
shall mean the pension Plan as herein set forth and as may be amended from time
to time.
1.22 "Plan Year":
shall mean the Plan's accounting year of twelve (12) consecutive months
commencing on October 1 of each year and ending the following September 30, or
the Plan Year as specified in the Adoption Agreement.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 164
1.23 "Police Officer":
shall mean any person who is elected, appointed, or employed full time by any
municipality, who is certified or required to be certified as law enforcement officer in
compliance with s. 943.1395, FI. Stat., who is vested with authority to bear arms and
make arrests, and whose primary responsibility is the prevention and detection of
crime or the enforcement of the penal, criminal, traffic, or highway laws of the State.
This definition includes all certified supervisory and command personnel whose
duties include, in whole or in part, the supervision, training, guidance, and
management responsibilities of full-time law enforcement officers, part-time law
enforcement officers, or auxiliary law enforcement officers, but does not include part-
time law enforcement officers or auxiliary law enforcement officers as the same are
defined in s. 943.10(6) and (8), FI. Stat., respectively. A Police Officer classification
shall also include a public safety officer who is responsible for performing both police
and fire services.
1.24 "Public Safety Officer":
shall mean an actively employed person who is responsible for performing both
firefighter and police officer services. A Public Safety Officer shall be considered a
"police officer" for the purposes of this Plan.
1.25 "Salarv/Compensation":
Notwithstanding any provision of this Plan or Adoption Agreement,
"Salary/Compensation" for all Participants participating under the Plan shall be
limited as follows:
For noncollectively bargained service earned on or after July 1, 2011, or for service
earned under collective bargaining agreements entered into on or after July 1, 2011,
when calculating a Participant's retirement benefits, the Plan may include up to 300
hours per year of overtime compensation as noted in the Adoption Agreement, but
may not include any payments for accrued unused sick leave or annual leave. For
those Participants whose terms and conditions of employment are collectively
11
DB PLAN RESTATED and AMENDED as of September 21, 2023 165
bargained, this provision is effective for the first agreement entered into on or after
July 1, 2011.
For Firefighters, "compensation" or "salary" means, for noncollectively bargained
service earned before July 1, 2011, or for service earned under collective bargaining
agreements in place before July 1, 2011, the fixed monthly remuneration paid a
Firefighter; where, as in the case of a Volunteer Firefighter, remuneration is based
on actual services rendered, the term means the total cash remuneration received
yearly for such services, prorated on a monthly basis. For noncollectively bargained
service earned on or after July 1, 2011, or for service earned under collective
bargaining agreements entered into on or after July 1, 2011, the term has the same
meaning except that when calculating retirement benefits, up to 300 hours per year
in overtime compensation may be included as noted in the Adoption Agreement, but
payments for accrued unused sick or annual leave may not be included.
For Police Officers, "compensation" or "salary" means, for noncollectively bargained
service earned before July 1, 2011, or for service earned under collective bargaining
agreements in place before July 1, 2011, the total cash remuneration paid to a Police
Officer for services rendered, including overtime payments which may be limited to
not less than 300 hours per calendar year, but not including any payments for extra
duty or a special detail work performed on behalf of a second party employer. For
noncollectively bargained service earned on or after July 1, 2011, or for service
earned under collective bargaining agreements entered into on or after July 1, 2011,
the term has the same meaning except that when calculating retirement benefits, up
to 300 hours per year in overtime compensation may be included as noted in the
Adoption Agreement, but payments for accrued unused sick or annual leave may not
be included.
For a firefighter or police officer supplemental plan operating under either section
175.351(4) or 185.35(4), Florida Statutes, the definition of compensation or salary
may be as provided under the referenced sections of law.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 166
Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code
as of the first day of the calendar year shall be disregarded for any purpose, including
employee contributions or any benefit calculations. The annual compensation of
each member taken into account in determining benefits or employee contributions
for any calendar year beginning on or after January 1, 2002, may not exceed
$200,000, as adjusted for cost -of -living increases in accordance with Section
401 (a)(1 7)(B) of the Code.
See Section D of the Adoption Agreement for further details.
1.26 "Spouse":
shall mean the Participant's spouse under applicable law at the time benefits
become payable.
1. 27 "Total and Permanent Disability":
shall mean a physical or mental condition of a Participant resulting from bodily injury,
disease, or mental disorder which renders him incapable of employment as a
Firefighter, Police Officer or Public Safety Officer, and which condition constitutes
total disability as determined by the Board.
1.28 "Trust Fund or Trust":
shall mean the Trust Fund established under this Plan to hold Plan assets and to
which contributions are to be paid and benefits held. Nothing herein shall preclude
the establishment of more than one trust fund as may be required by law or adopted
by the Employer.
1.29 "Trustee":
shall mean the person or persons named as and making up the Board of Trustees
or Board, who shall administer and manage the Plan.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 167
1.30 "Valuation Date":
shall mean the first day of the Plan Year.
1.31 "Volunteer Firefighter":
shall mean any person whose name is carried on the active membership roll of a
constituted volunteer fire department or a combination of a paid and volunteer fire
department of any municipality or special fire control district and whose duty is to
extinguish fires, protect life, and to protect property. Compensation for services
rendered by a Volunteer Firefighter shall not disqualify him as a volunteer. A person
shall not be disqualified as a Volunteer Firefighter solely because he has other gainful
employment. Any person who volunteers assistance at a fire, but is not an active
member of the department described herein is not a Volunteer Firefighter within the
meaning of this paragraph.
14
DB PLAN RESTATED and AMENDED as of September 21, 2023 168
ARTICLE 2
PARTICIPATION
2.01 Conditions of Eliqibilitv
A Participant shall become eligible to participate in this Plan as specified in Section
C of the Adoption Agreement.
As a condition of eligibility, the Employee participants shall be required to complete
a medical examination as prescribed by the Board, and provide complete and
accurate information concerning their health status as requested by the Board. Any
material misstatements or omissions of required health or medical information by an
applicant or Participant shall be grounds for denial of benefits. Based upon medical
evidence of any pre-existing adverse health condition, resulting from the prescribed
examination or other medical records or history, the Board may determine ineligibility
for disability benefits hereunder, as related to such pre-existing condition. A
Participant may be declared ineligible for disability benefits only at the time of the
initial examination provided in this section, or at a later date if the Board established
that a condition existed at the time of the Participant's employment or date of
participation, and the condition was known to the employee. A determination of pre-
existing condition shall be recorded on the Participant's record of membership, a
copy of which shall be provided to the Participant, and shall be reflected in the
minutes of the Board meeting at which such determination was made by the Board.
The procedures followed and the determination of the Board as to a pre-existing
condition shall be considered on a uniform, non-discriminatory basis.
2.02 Participation
Each Participant shall complete a form prescribed by the Board providing the
following information:
(A) enrollment in the Plan
(B) designation of a beneficiary or beneficiaries,
15
DB PLAN RESTATED and AMENDED as of September 21, 2023 169
(C) a certified statement as to prior medical history, and a
waiver to release and access medical records.
2.03 Change in Designation of Beneficiary
A Participant may from time to time change his designated beneficiary by written
notice to the Board upon forms provided by the Board. Upon such change, the rights
of all previously designated beneficiaries to receive any benefits under the Plan shall
cease. A change of beneficiary shall not require consent of the beneficiary.
Notwithstanding the provisions of this paragraph, a police officer retiree or
firefighter retiree may change his or her designation of beneficiary up to two times
without the approval of the Board or the current beneficiary. The retiree is not
required to provide proof of the good health of the beneficiary being removed, and
the beneficiary being removed need not be living.
16
DB PLAN RESTATED and AMENDED as of September 21, 2023 170
ARTICLE 3
BOARD OF TRUSTEES
3.01 Board of Trustees
(A) The sole and exclusive administration of and responsibility for the
proper operation of the Plan is hereby vested in a Board of Trustees. For
plans participating in Chapter 175 or 185, Fl. Stat., these trustees shall be
selected according to Section 175.061 (1)(b), Fl. Stat., and Section 185.05,
(1)(b), Fl. Stat. For plans not participating in Chapter 175 or 185, Fl. Stat.,
these trustees shall be selected according to municipal ordinance, or
resolution adopted by the governing body of the special fire control district.
Each Board of Trustees shall be a legal entity with, in addition to other powers
and responsibilities contained herein, the power to bring and defend lawsuits
of every kind, nature, and description. Accurate and detailed accounts of all
Board meetings must be kept. All accounts, books and records relating
thereto shall be open to inspection and audit in accordance with general law.
The Board shall issue such reports as are requested and make available to
the same for inspection any and all records and accounts which are deemed
appropriate in order to comply with governmental regulations issued
thereunder.
(B) The Board members shall, by a majority vote, elect a Chairman and a
Secretary. The Secretary of the Board shall keep a complete minute book of
the actions, proceeding, or hearings of the Board. The Board members shall
not receive any compensation as such, but may receive expenses and per
diem as provided by law.
(C) Each Board member shall serve as trustee for a period of 2 years,
unless he or she sooner leaves the employment of the Employer,
whereupon a successor shall be chosen in the same manner as an original
appointment. However, the terms of office of the appointed and elected
17
DB PLAN RESTATED and AMENDED as of September 21, 2023
171
members may be amended by municipal ordinance, or resolution adopted
by the governing body of the special fire control district to extend the terms
from 2 years to 4 years. The length of the terms of office shall be the same
for all board members.
(D) Each Board member shall be entitled to one vote on the Board. A
majority of the Board shall be necessary for any decision of the Board. A
Board member shall have the right to abstain from voting as the result of a
conflict of interest provided that Board member states in writing the nature of
the conflict and complies with the provisions of Section 112.3143, FI. Stat.
(E) The Board of Trustees shall engage such actuarial, accounting, legal,
and other services as shall be required to transact the business of the Plan.
The compensation of all persons engaged by the Board and all other
expenses of the Board necessary for the operation of the Plan shall be paid
from the Fund at such rates and in such amounts as the Board of Trustees
shall approve.
(F) The duties and responsibilities of the Board of Trustees shall
include, but not necessarily be limited to, the following-
(1) To construe the provisions of the Plan and determine all
questions arising thereunder.
(2) To determine all questions relating to eligibility and participation.
(3) To determine the amount of all benefits hereunder.
(4) To establish uniform rules and procedures to be followed for
administrative purposes, benefit applications, and all matters
required to administer the Plan.
(5) To distribute to Participants, at regular intervals, information
concerning the Plan.
(6) To receive and process all applications for participation and
benefits.
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DB PLAN RESTATED and AMENDED as of September 21, 2023
172
(7) To authorize all payments whatsoever from the Fund, and to
notify the disbursing agent, in writing, of approved benefit
payments and other expenditures arising through operation of
the Plan and Fund.
(8) To have performed actuarial studies and at least triennial
valuations, as required by law, and make recommendations
regarding any and all changes in the provisions of the Plan.
(9) To perform such other duties as required to administer the Plan.
(10) To arrange for and select physicians for medical exams and
review and advise on medical disability eligibility issues.
(11) To invest and reinvest the assets of the Fund.
(G) At least once every three (3) years, the Board shall retain a professionally
qualified independent consultant who shall evaluate the performance of any
existing professional money manager and shall make recommendations to
the Board regarding the selection of money managers for the next investment
term. These recommendations shall be considered by the Board at its next
regularly scheduled meeting.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 173
ARTICLE 4
FINANCES AND FUND MANAGEMENT
4.01 Establishment and Operation of Fund
(A) As part of the Plan, there is hereby established the Fund, into which
shall be deposited all of the contributions and assets whatsoever attributable
to the Plan, including any assets of any prior municipal trust fund(s).
(B) The actual custody and supervision of the Fund (and assets thereof)
shall be vested in the Board. Payment of benefits and disbursements from
the Fund shall be made by the disbursing agent but only upon written
authorization from the Board or its designee.
(C) All funds of the Plan may be deposited by the Board with the Employer,
acting in a ministerial capacity only, who shall be liable in the same manner
and to the same extent as he is liable for the safekeeping of funds for the
Employer. However, any funds so deposited with the Employer shall be kept
in a separate fund by the Employer or clearly identified as such funds of the
Plan. In lieu thereof, the Board shall deposit the funds in a qualified public
depository as defined in Section 280.02, FI. Stat., which depository with
regard to such funds shall conform to and be bound by all of the provisions of
Chapter 280, FI. Stat. In order to fulfill its investment responsibilities as set
forth herein, the Board may retain the services of a custodian bank, an
investment adviser registered under the Investment Advisors Act of 1940, or
otherwise exempt from such required registration, an insurance company, or
a combination of these, for the purpose of investment decisions and
management. Such investment manager shall have discretion, subject to any
guidelines as prescribed by the Board, in the investment of all Fund assets.
(D) All funds of the Plan may be commingled without limitation in
governmental investment trusts, no-load investment funds or no-load mutual
20
DB PLAN RESTATED and AMENDED as of September 21, 2023
174
funds, and all such trusts or funds must comply with the Investment Policy as
attached as Exhibit A. Accurate records are to be maintained at all times
reflecting the financial composition of the Fund, including accurate current
accounts and entries as regards the following-
(1) Current amounts of Accumulated Contributions of Participants
on both an individual and aggregate account basis, and
(2) receipts and disbursements, and
(3) benefit payments, and
(4) current amounts clearly reflecting all monies, funds and assets
whatsoever attributable to contributions and deposits from the
Employer, and
(5) all interest, dividends and gains (or losses), and
(6) such other entries as may be properly required so as to reflect
a clear and complete financial report of the Fund.
(E) An independent audit shall be performed annually by a certified public
accountant for the most recent fiscal year of the Employer showing a listing of
assets and a statement of all income and disbursements during the year.
Such income and disbursements must be reconciled with the assets at the
beginning and end of the year. Such report shall reflect a complete evaluation
of assets on a cost and market basis, as well as other items normally included
in a certified audit.
(F) The Board of Trustees shall have the following investment powers and
authority:
(1) The Board of Trustees shall be vested with full legal title to said
Fund, subject, however, and in any event to the authority and power of
the governing body of the Employer to amend or terminate this Plan,
provided that no amendment or termination shall ever result in the use
21
DB PLAN RESTATED and AMENDED as of September 21, 2023 175
of any assets of the Fund except for the payment of regular expenses
and benefits under this Plan, and except as otherwise provided in this
Plan. All contributions deposited into the Fund, and the income thereof,
without distinction between principal and income, shall be held and
administered by the Board, or its agent, in the Fund, and the Board
shall not be required to segregate or invest separately any portion of
the Fund.
(2) All monies paid into or held in the Fund shall be invested and
reinvested by the Board. The Fund shall be invested in accordance
with an established investment policy adopted by the Board. The
adopted investment policy will be made part of this document and shall
be attached as Exhibit A.
(3) The Board may cause any investment in securities held by it to
be registered in or transferred into its name as Trustee or into the name
of such nominee as it may direct, or it may retain them unregistered
and in a form permitting transferability, but the books and records shall
at all times show that all investments are part of the Trust Fund.
(4) The Board is empowered, but is not required, to vote upon any
stocks, bonds, or securities of any corporation, association, or trust and
to give general or specific proxies or powers of attorney with or without
power of substitution to participate in mergers, reorganizations,
recapitalization, consolidations and similar transactions with respect to
such securities; to deposit such stock or other securities in any voting
trust or any protective or like committee with the Trustee or with
depositories designated thereby; to amortize or fail to amortize any part
or all of the premium or discount resulting from the acquisition or
disposition of assets; and generally to exercise any of the powers of an
owner with respect to stocks, bonds, or other investments comprising
the Fund which it may deem to be in the best interest of the Fund to
exercise.
22
DB PLAN RESTATED and AMENDED as of September 21, 2023 176
(5) Any overpayments or underpayments from the Fund to a
Participant or beneficiary caused by errors of computation shall be
adjusted with interest at a rate per annum as utilized in the prior years'
actuarial valuation. Overpayments shall be charged against payments
next succeeding the correction. Underpayments shall be made up
from the Trust Fund.
(6) In any application to or proceeding or action in the courts, the
Board and Employer shall be a necessary party, and no Participant or
other person having an interest in the Fund shall be entitled to any
notice or service of process. Any judgment entered in such a
proceeding or action shall be conclusive upon all persons.
(7) Any powers and functions of the Board may be performed or
carried out by the Board through duly authorized agents, provided that
the Board at all times maintains continuous supervision over the acts
of any such agent; provided further, that legal title to the Fund always
remain with the Board.
(G) Notwithstanding any provision of this section to the contrary, for
plans participating in Chapter 175 or 185, FI. Stat., the Board shall identify
and publicly report any direct or indirect holdings it may have in any
scrutinized company, as defined in section 215.473, Florida Statutes, and
proceed to sell, redeem, divest, or withdraw all publicly traded securities it
may have in that company beginning January 1, 2010. The divestiture of
any such security must be completed as specified in Chapter 175 or 185,
FI. Stat. The Board and its named officers or investment advisors may not
be deemed to have breached their fiduciary duty in any action taken to
dispose of any such security, and the Board shall have satisfactorily
discharged the fiduciary duties of loyalty, prudence, and sole and exclusive
benefit to the participants of the pension fund and their beneficiaries if the
actions it takes are consistent with the duties imposed by s. 215.473, and
the manner of the disposition, if any, is reasonable as to the means chosen.
23
DB PLAN RESTATED and AMENDED as of September 21, 2023
177
For the purposes of effecting compliance with that section, the pension fund
shall designate terror -free plans that allocate their funds among securities
not subject to divestiture. No person may bring any civil, criminal, or
administrative action against the Board of trustees or any employee, officer,
director, or advisor of such pension fund based upon the divestiture of any
security pursuant to this paragraph.
24
DB PLAN RESTATED and AMENDED as of September 21, 2023 178
ARTICLE 5
CONTRIBUTIONS
5.01 Participant Contributions
(A) Amount Participants in the Plan shall be required to make
contributions to the Fund in the amount specified in the Adoption Agreement
- Section K, Employee Contributions.
(B) Method Participant contributions shall be made by payroll
deduction. Participant contributions withheld by the Employer on behalf of the
Participant shall be deposited in the Fund immediately after each pay period.
(C) Pre -Tax Emplovee Contributions If pre-tax Employee
Contributions are applicable, this provision will be noted within the Adoption
Agreement - Section K as pre-tax contributions pursuant to Section 414(h) of
the Code, otherwise the Plan will assume after tax contributions. Such
designation is contingent upon the contribution being excluded from the
Employees' gross income for federal income tax purposes. For all other
purposes of the Plan, such contributions shall be considered Employee
contributions.
5.02 State Contributions
Any monies received or receivable by reason of laws of the State of Florida, for the
express purpose of funding the Plan shall be deposited in the Trust Fund comprising
part of this Plan immediately. Contributions must be deposited within five (5) days
after receipt by the Employer.
5.03 Emplover Contributions
So long as this Plan is in effect, the Employer shall deposit quarterly contributions for
each Plan Year to the Trust Fund in an amount equal to the amount determined by
the Actuary, taking into account Participant contributions, state contributions for such
25
DB PLAN RESTATED and AMENDED as of September 21, 2023 179
year, and the total cost for the Plan Year, as represented in the most recent actuarial
valuation of the Plan. The total cost for each Plan Year shall be defined as the total
normal cost plus the additional amount sufficient to amortize the unfunded past
service liability as provided in Part VI of Chapter 112, Florida Statutes.
5.04 Other
Private donations, gifts and contributions may be deposited to the Fund.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 180
ARTICLE 6
BENEFIT AMOUNTS AND ELIGIBILITY
6.01 Normal Retirement Date
A Participant's Normal Retirement Date shall be as specified in the Adoption
Agreement - Section G1, Normal Retirement Date. A Participant may retire on his
Normal Retirement Date or on the first day of any month thereafter. Normal
Retirement under the Plan is retirement from employment with the Employer on or
after the Normal Retirement Date and completion of the required years of credited
service.
6.02 Normal Retirement Benefit
(1) A Participant retiring hereunder on or after his Normal Retirement Date shall
receive a monthly benefit as specified in the Adoption Agreement - Section G2,
Normal Retirement Benefit, which shall commence on the first day of the month
coincident with or next following his termination of employment.
In the event that a Participant does not begin to receive his Benefit at his
Normal Retirement Date, such Participant shall be entitled to a deferred benefit
equal to the benefit he was entitled to receive at his Normal Retirement Date,
adjusted to take into account his Average Final Compensation and years of
Credited Service as of his actual retirement date.
(2) The monthly Normal Retirement Benefit of a Volunteer Firefighter who
changes status from a Volunteer Firefighter to a full-time Firefighter shall be as
provided below.
(A) The amount of monthly retirement income payable to a full—time
Firefighter who retires on or after his or her Normal Retirement Date shall be an
amount equal to the number of his or her years of Credited Service as a full-time
Firefighter multiplied by the Normal Retirement Benefit multiplier specified in Section
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DB PLAN RESTATED and AMENDED as of September 21, 2023 181
G2 of the Adoption Agreement multiplied by his or her Average Final Compensation
as a full-time Firefighter.
(B) The amount of monthly retirement income payable to a Volunteer
Firefighter who retires on or after his or her Normal Retirement Date shall be an
amount equal to the number of his or her years of Credited Service as a Volunteer
Firefighter multiplied by the Normal Retirement Benefit multiplier specified in Section
G2 of the Adoption Agreement multiplied by his or her Average Final Compensation
as a Volunteer Firefighter.
(C) The sum of the Firefighter's monthly retirement income as
determined under (A) and (B) shall be the Firefighter's Normal Retirement Benefit.
6.03 Normal Form of Benefit
The normal form of benefit shall be a single monthly retirement benefit for life, ceasing
upon death, except as otherwise provided for plans operating under Chapter 175 or
185, Fl. Stat.
6.04 Cost of Livinq Adiustments to Benefit Pavments
A cost -of -living increase, if applicable, shall be as specified in the Adoption
Agreement, Section L - COLA Adjustments.
6.05 Early Retirement Date
A Participant may retire on the Early Retirement Date as specified in the Adoption
Agreement - Section G3, Early Retirement Date. Early retirement under the Plan is
termination from employment with the Employer on or after the Early Retirement Date
and prior to the Normal Retirement Date and the actual completion of the required
years of credited service.
28
DB PLAN RESTATED and AMENDED as of September 21, 2023 182
6.06 Early Retirement Benefit
A Participant retiring hereunder on or after his Early Retirement Date may receive
either a deferred or an immediate monthly retirement benefit payable for life, or as
otherwise provided for plans operating under Chapter 175 or 185, FI. Stat. as follows:
(A) A deferred monthly retirement benefit which shall commence on what
would have been his Normal Retirement Date had he remained a Participant,
determined based upon his actual years of Credited Service. The amount of
such deferred monthly retirement benefit shall be determined in the same
manner as for retirement at his Normal Retirement Date, as determined based
upon his actual years of Credited Service, except that Credited Service and
Average Final Compensation shall be determined as of his Early Retirement
Date; or
(B) An immediate monthly retirement benefit which shall commence on his
Early Retirement Date. The amount of the Early Retirement Benefit shall be
determined in the same manner as for Retirement at his Normal Retirement
Date, except the benefit shall be actuarially reduced to take into account the
Participant's younger age and the earlier commencement of retirement
income payments as specified in Section G4 of the Adoption Agreement for
each year before the Normal Retirement Date that benefit payment
commenced.
6.07 Deferred Retirement Option Program or "DROP"
A Deferred Retirement Option Program or "DROP", if applicable, shall be as specified
in the Adoption Agreement, Section M — DEFERRED RETIREMENT OPTION
PROGRAM, "DROP"
An Employer or Board may establish a DROP distribution option to be administered
by the Florida Municipal Pension Trust Fund ("FMPTF") Master Trustee whereby
DROP funds are invested through the FMPTF Master Trustee or to allow retirees to
29
DB PLAN RESTATED and AMENDED as of September 21, 2023 183
direct the investment of DROP funds through the FMPTF Master Trustee. Such an
arrangement may be provided for by separate agreement.
6.08 Required Distribution Date
Distribution of a participant's benefit under this article must commence no later than
April 1 of the calendar year following the later of the calendar year during which the
participant attains the applicable age required by IRC § 401(a)(9) or the calendar
year in which the participant terminates employment with the Employer.
[Note: Under SECURE 2.0 Act the applicable age requirements are as follows:
• 70'/Z for Participants born June 30, 1949, or earlier
• 72 for Participants born on July 1, 1949, through and including December 31, 1950
• 73 for Participants born on January 1, 1951, through and including December 31, 1959
• 75 for Participants born January 1, 1960, or later]
6.09 Defined Contribution Plan Component -- Share Plan
(A) For plans participating in Chapter 175 or 185, Florida Statutes, in
accordance with sections 175.351(6) and 185.35(6), Florida Statutes, there is
hereby established a defined contribution plan component ("Share Plan") to
provide special benefits to Firefighters, Police Officers and Public Safety
Officers who are Members of the defined benefit plan, as set forth in this
section unless a Share Plan has been created and is operational through an
Adoption Agreement, in which case the provisions of the Share Plan under
the Adoption Agreement shall prevail. The Share Plan shall be funded solely
and entirely by Chapter 175 and 185 premium tax monies that are allocated
to the Share Plan, either by (1) mutual consent of the Employer and the plan
members' collective bargaining representative, or if there is no collective
bargaining representative a majority of plan members; or (2) operation of
sections 175.351(1)(a)-(f) and 185.35(1)(a)-(f), Florida Statutes. The Board
shall provide documentation to the plan administrator of the manner in which
premium tax monies are to be allocated to the Share Plan on or before
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DB PLAN RESTATED and AMENDED as of September 21, 2023 184
December 31, 2015 and on or before each September 30 thereafter. It is not
required that any premium tax monies be allocated to the Share Plan.
(B) Eligible Share Plan Participants. Eligible Share Plan participants shall
be determined through collective bargaining between the Employer and the
plan members' collective bargaining representative, or if there is no collective
bargaining representative, by the Employer. The Employer or Board shall
provide a description to the plan administrator of the eligible Share Plan
participants on or before December 31, 2015, and upon any change in such
description thereafter.
(C) Individual Share Accounts. For accounting purposes only, an
individual share account shall be created for each eligible Share Plan
participant as of the date that premium tax monies are first allocated to the
Share Plan. Thereafter the plan administrator shall maintain appropriate
records showing the share account balance of each participant. Once funds
have been credited to participant share accounts, an annual statement shall
be provided to each participant setting forth their share account balance as of
the end of the preceding plan year.
(D) Share Account Funding. Individual share accounts shall be
established as of December 31, 2015 for all eligible Share Plan participants,
or at a later date when premium tax monies are first allocated to the Share
Plan. Individual share accounts shall be credited with a portion of any
premium tax monies allocated to the Share Plan for the plan year beginning
October 1, 2015, and each plan year thereafter in which premium tax monies
are allocated to the Share Plan, as follows-
(1) Initial Credit from Unallocated Premium Tax Monies (if
applicable). If any accumulation of additional premium tax monies
which have not been allocated to fund benefits in excess of the
31
DB PLAN RESTATED and AMENDED as of September 21, 2023 185
minimum benefits are to be credited to participant share accounts,
such monies shall be credited in the same proportion that each
participant's completed months of Credited Service has to the
combined completed months of Credited Service of all participants.
(2) Annual Credit. As of October 1 following the initial credit of
unallocated premium tax monies in accordance with paragraph (1)
above, any annual premium tax monies allocated to the Share Plan
shall be credited to participant share accounts, with each participant's
account receiving an equal share of the total amount allocated.
(E) Allocation of Investment Gains and Losses. As of October 1 each year
in which premium tax monies have been or are credited to participant share
accounts, each individual share account shall be adjusted to reflect the net
investment earnings or losses for the Trust for the immediately preceding plan
year. The net investment earnings or losses for the Trust shall be the
percentage earned or lost by the total Trust investments, including realized
and unrealized gains or losses, net of brokerage commissions, transaction
costs and management fees, as determined by the Plan's investment advisor.
(F) Forfeiture. A Share Plan participant who terminates employment with
less than the minimum number of years of credited service specified in the
Adoption Agreement for vesting shall forfeit his/her share account. Forfeited
amounts shall be reallocated to the other participant share accounts at the
end of the plan year in which a forfeiture occurs, unless a different allocation
is required by law. A participant whose share account is forfeited shall not
thereafter be entitled to any portion of the amount forfeited, and if
subsequently reemployed in an eligible position shall participate in the Share
Plan as a new participant.
32
DB PLAN RESTATED and AMENDED as of September 21, 2023 186
(G) Distribution of Share Account. A participant's share account balance
shall be distributed to the participant or his/her designated beneficiary within
180 days following the participant's retirement, death, or termination of
employment after obtaining the minimum number of years of credited service
specified in the Adoption Agreement for vesting and reaching the normal
retirement date. The share account distribution shall reflect one hundred
percent of the participant's share account balance as of October 1 preceding
the participant's retirement, death, or termination of employment and meeting
the conditions specified herein, and shall be paid in one lump sum payment.
No optional forms of payments shall be permitted.
(H) Internal Revenue Code Limitations. Notwithstanding any other
provision of this section, credits to a participant's share account and the share
account distribution shall be subject to the applicable limits contained in
section 415(c) of, and any other applicable limitations set forth in, the Internal
Revenue Code.
33
DB PLAN RESTATED and AMENDED as of September 21, 2023 187
ARTICLE 7
PRE -RETIREMENT DEATH
7.01 Death Prior to Vesting - In -Line -Of -Duty Prior to retirement, if the Participant
dies in -line -of -duty, and he is not vested, his beneficiary shall receive benefits as
specified in the Adoption Agreement - Section 11, Death Prior to Vesting - In -Line -Of -
Duty.
7.02 Death After Vestinq - In -Line -Of -Duty Prior to retirement, if a vested Participant
dies in -line -of -duty, having completed the required years of Credited Service, his
beneficiary shall receive benefits as specified in the Adoption Agreement - Section
12, Death After Vesting - In -Line -Of -Duty.
7.03 Death Prior to Vestinq - Off -Duty The beneficiary of a deceased Participant who
was not vested and who dies prior to retirement from causes other than in -line -of -
duty shall receive a refund of one hundred percent (100%) of the Participants'
Accumulated Contributions as specified in the Adoption Agreement Section 13, Death
Prior to Vesting- Off Duty.
7.04 Death After Vesting - Off -Duty If a vested Participant dies prior to retirement from
causes other than -in -line -of -duty, having completed the required years of Credited
Service, his beneficiary shall receive the benefit otherwise payable to the Participant
at the Early or Normal Retirement Date as specified in the Adoption Agreement
Section 14, Death After Vesting - Off -Duty.
7.05 Beneficiaries Receipt of Payment A Beneficiary may not elect an optional form
of benefit, however, the Board may elect to make a lump sum payment pursuant
to Article 10(G) to a beneficiary of the death benefits payable hereunder.
7.06 Distribution of Benefits Distributions to the beneficiary shall commence by a date
selected in accordance with this Article and the Adoption Agreement; however in no
34
DB PLAN RESTATED and AMENDED as of September 21, 2023 188
event shall distribution commence later than December 31 of the calendar year in
which the participant would have attained the applicable age required by IRC §
401(a)(9). [See note to Provision 6.08 regarding applicable age requirements]
7.07 Benefit for Firefiqhters with Cancer As provided and subject to the limitations in
section 112.1816, Florida Statutes, effective July 1, 2019 a firefighter (as defined in
section 112.1816(1), Florida Statutes) who is a Participant is considered to have died
in the line of duty if he or she dies as a result of cancer (as defined in section
112.1816(1), Florida Statutes) or circumstances that arise out of the treatment of
cancer (as defined in section 112.1816(1), Florida Statutes).
35
DB PLAN RESTATED and AMENDED as of September 21, 2023 189
ARTICLE 8
DISABILITY
8.01 Disabilitv Benefits In -Line -Of -Duty
(A) Benefits Each Participant who shall become Totally and Permanently
Disabled while an active Participant of the Employer to the extent that he is
unable, by reason of a medically determinable physical or mental impairment,
to render useful and efficient service as a Firefighter, Police Officer or Public
Safety Officer, respectively, which disability was directly caused by the
performance of his duty as a Firefighter, Police Officer or Public Safety Officer,
respectively, shall, upon establishing the same to the satisfaction of the Board,
be entitled to a monthly pension which is as defined in the Adoption
Agreement - Section H1, Disability Benefits In -The -Line -of Duty.
(B) Presumption Pursuant to the provisions of section 112.18, FI. Stat.,
as amended from time to time, any condition or impairment of the health of a
Firefighter, Police Officer or Public Safety Officer caused by tuberculosis,
hypertension or heart disease, or hardening of the arteries for a Police Officer
or a Public Safety Officer, shall be presumed to have been suffered in line -of -
duty unless the contrary is shown by competent evidence, provided that such
Firefighter, Police Officer or Public Safety Officer, shall have successfully
passed a physical examination upon entering into employment with the
Employer, which may include a cardiogram, which failed to reveal any
evidence of such condition; and provided further, that such presumption shall
not apply to benefits payable or granted in a policy of life insurance or disability
insurance.
(C) Additional Presumption Section 112.181, Fla. Stat., as amended
from time to time, is hereby adopted and incorporated by reference and is
applicable to those conditions described therein that are diagnosed on or after
January 1, 1996.
36
DB PLAN RESTATED and AMENDED as of September 21, 2023 190
8.02 Disabilitv Benefits Off -Duty
Every Firefighter, Police Officer or Public Safety Officer as defined in the Adoption
Agreement - Section B, Plan who shall have become Totally and Permanently
Disabled to the extent that he is unable, by reason of a medically determinable
physical or mental impairment, to render useful and efficient service as a Firefighter,
Police Officer or Public Safety Officer, respectively, as defined in Article 1, and which
disability is not directly caused by the performance of his duties as a Firefighter,
Police Officer or Public Safety Officer, respectively, shall, upon establishing the same
to the satisfaction of the Board of Trustees, be entitled to a disability benefit as
provided in the Adoption Agreement - Section H2, Disability Benefits Off -Duty.
A disabled Participant that does not meet the credited years of service requirements
in the Adoption Agreement - Section H2, Disability Benefits Off -Duty, will receive a
return of his Accumulated Contributions without interest.
8.03 Conditions Disqualifvinq Disability Benefits
Each Participant who is claiming disability benefits shall establish, to the satisfaction
of the Board, that such disability was not occasioned primarily by:
(A) Excessive or habitual use of any drugs, intoxicants or narcotics.
(B) Injury or disease sustained while willfully and illegally participating in
fights, riots or civil insurrections, or while committing a crime.
(C) Injury or disease sustained while serving in any branch of the Armed
Forces.
(D) Injury or disease sustained after his employment as a Participant with
the Employer had terminated.
(E) For Police Officers and Public Safety Officers only: injury or disease
sustained by the Participant while working for anyone other than the Employer
and arising out of such employment.
37
DB PLAN RESTATED and AMENDED as of September 21, 2023 191
8.04 Phvsical Examination Requirement
A Participant shall not become eligible for disability benefits until and unless he
undergoes physical examination by a qualified physician or physicians and/or
surgeons or surgeons, who shall be selected by the Board for that purpose.
Any Participant receiving disability benefits under this Plan may be periodically
re-examined by a qualified physician or physicians and/or surgeon or surgeons who
shall be selected by the Board, to determine if such disability has ceased to exist. If
the Board finds that the former Participant is no longer Permanently and Totally
Disabled to the extent that he is able to render useful and efficient service as a
Firefighter, Police Officer or Public Safety Officer, respectively, the Board shall
recommend to the Employer that the former Participant be returned to performance
of duty as a Firefighter, Police Officer or Public Safety Officer, respectively, and shall
again become eligible to Participate in the Plan. In the event the former Participant
so ordered to return to employment shall refuse to comply with the order within thirty
(30) days from the issuance thereof, the Participant shall forfeit the right to his
benefits hereunder.
The cost of the physical examination and/or re-examination of the Participant
claiming and or receiving disability benefits shall be paid by the Plan. All other
reasonable costs as determined by the Board incident to the physical examination,
such as, but not limited to, transportation, meals and hotel accommodations, shall be
paid by the Plan.
If a Participant recovers from disability and reenters the service of the Employer as a
Participant, his service will be deemed to have been continuous, but the period
beginning with the first month for which he received a disability retirement income
payment and ending with the date he reentered the service of the Employer will not
be considered as Credited Service for the purposes of the Plan. The Board shall
have the power and authority to make the final decision regarding all disability claims.
38
DB PLAN RESTATED and AMENDED as of September 21, 2023 192
8.05 Disabilitv Pavments
The monthly benefit to which a Participant is entitled in the event of the Participant's
disability shall be payable on the first day of the first month after the Board determines
such entitlement. Provided, however, the Participant may select, at any time prior to
the date on which benefit payments begin, an optional form of benefit payment as
described in Article 10, Optional Forms of Benefits, which shall be the Actuarial
Equivalent of the normal form of benefit. The amount of the first disability payment
shall include an amount payable from the date the Board determined such
entitlement. Disability benefits shall cease:
(A) If the Participant recovers from the disability prior to his Normal
Retirement Date, the payment due next proceeding the date of such recovery,
or
(B) If the Participant dies without recovering from disability or attains
Normal Retirement Date, the later of the payment due next proceeding his
death, or as otherwise provided for plans operating under Chapter 175 or 185,
FI. Stat.
8.06 Disabilitv Pavments & Workers Compensation
If a Participant receives a disability benefit under the Plan and workers compensation
benefits pursuant to Chapter 440, FI. Stat., for the same disability and the total
monthly benefits received from both exceed one hundred percent (100%) of the
Participants' average monthly wage determined in accordance with Chapter 440, Fl.
Stat., the disability pension benefit shall be reduced so that the total monthly amount
received by the Participant does not exceed one hundred percent (100%) of such
average monthly wage. In no event shall a Participant's disability pension benefit be
reduced to less than 42% of Average Final Compensation for in -line -of duty disability
and 25% of Average Final Compensation for off -duty disability, as provided in
Chapters 175 and 185, FI. Stat. In the event of a lump sum workers compensation
39
DB PLAN RESTATED and AMENDED as of September 21, 2023 193
settlement, the disability retirement income payable from the Plan shall be adjusted
as follows:
(A) The amount of the lump sum settlement shall be divided by the
Participant's remaining life expectancy (in months) as determined using the
actuarial assumptions represented in the last completed valuation of the Plan.
(B) If the number obtained in paragraph (A) above, when added to the
Participant's monthly disability retirement income from the Plan, exceeds the
Participant's final monthly compensation on the date of disability, the amount
of the excess shall be deducted from the Participant's monthly disability
retirement income from the pension plan, for the duration of the Participant's
remaining life expectancy as determined in paragraph (A) above.
(C) If the number obtained in paragraph (A) above, when added to the
Participant's monthly disability retirement income from the Plan, does not
exceed the Participant's final monthly compensation on the date of disability,
there shall be no reduction of the Participant's disability benefit from the plan.
8.07 Benefit for Firefiqhters with Cancer
As provided and subject to the limitations in section 112.1816, Florida Statues,
effective July 1, 2019 a firefighter (as defined in section 112.1816(1), Florida
Statutes) who is a Participant is considered to be totally and permanently disabled in
the line of duty if he or she meets the Plan's definition of Totally and Permanently
Disabled due to a diagnosis of cancer (as defined in section 112.1816(1), Florida
Statutes) or circumstances that arise out of the treatment of cancer (as defined in
section 112.1816(1), Florida Statutes).
40
DB PLAN RESTATED and AMENDED as of September 21, 2023 194
ARTICLE 9
VESTING
If a Participant terminates his employment with the Employer for reasons other than
retirement, disability or death, the Participant shall be entitled to the following:
(A) If the Participant has less than the number of years of Credited Service
specified in the Adoption Agreement - Section J1, Termination of Employment and
Vesting, the Participant shall be entitled to a refund of his Accumulated Contributions
without interest.
(B) If the Participant has the required number of years of Credited Service
specified in the Adoption Agreement - Section J2, Termination of Employment and
Vesting, the Participant shall be entitled to a retirement benefit that is the Actuarial
Equivalent of the Accrued Benefit otherwise payable to him commencing at the
Participant's otherwise Normal or Early Retirement Date, and determined based on
actual years of Credited Service, provided he does not elect to withdraw his
Accumulated Contributions and provided the Participant survives to his Normal or
Early Retirement Date.
(C) Any vested Participant of the Plan who is no longer eligible to participate in
this Plan due to a change of employment, but who remains employed by the
Employer in a class not eligible to participate under this Plan, shall have his Accrued
Benefit to the date of such termination under this Plan preserved, provided he does
not elect to withdraw his Accumulated Contributions from this Plan. Such Accrued
Benefit shall be payable at his otherwise Early or Normal Retirement Date hereunder
in accordance with the provisions of this Plan.
(D) If a Participant who terminates employment prior to his Early Retirement Date
or his Normal Retirement Date and elects to withdraw Accumulated Contributions, is
subsequently reemployed and again becomes a Participant in this Plan, his Credited
41
DB PLAN RESTATED and AMENDED as of September 21, 2023 195
Service for purposes of vesting and benefit accruals shall not include any periods of
employment prior to his reemployment date unless he repays to the Fund his
Accumulated Contributions previously withdrawn with interest, as determined by the
Board, within ninety (90) days after reemployment. If a Participant repays the
foregoing amount to the Fund within the prescribed time period, the interest of the
Participant in his Accrued Benefit previously forfeited shall be restored in full and the
Participant's Credited Service shall be based on all periods of employment.
42
DB PLAN RESTATED and AMENDED as of September 21, 2023 196
ARTICLE 10
OPTIONAL FORMS OF BENEFITS
(A) In lieu of the normal form of benefit as specified herein, a Participant's Early or
Normal Retirement or Disability Benefit may be paid in an optional form as selected by the
Participant.
Subject to the approval of the Board or its designee, the Participant may elect to receive the
Actuarial Equivalent of the benefit otherwise payable to the Participant in accordance with
one of the following options:
1. Monthly income payments for the life of the Participant.
2. Monthly income payment for the life of the Participant and after his death, a
joint pensioner benefit payable for the life of the joint pensioner equal to,
100%, 75%, 66 2/3%, or 50% of the amount payable to the Participant.
3. Such other amount and form of retirement benefit payment that, in the opinion
of the Board, will meet the circumstances of the Participant and the Trust.
(B) The Participant, upon electing any option pursuant to this Article, will designate the
joint pensioner or beneficiary (or beneficiaries) to receive the benefit, if any, payable under
the Plan in the event of Participant's death, and will have the power to change such
designation from time to time. Such designation will name a joint pensioner or one or more
primary beneficiaries where applicable. A Participant may change his Beneficiary at any
time. If a Participant has elected an option with a joint pensioner and the Participant's
retirement benefits have commenced, the Participant may thereafter change his joint
pensioner twice without the approval of the Board or the current joint pensioner. A
Participant is not required to provide proof of the good health of the joint pensioner being
removed, and the joint pensioner being removed need not be living.
(C) Upon change of a Participant's joint pensioner in accordance with this Article, the
amount of the retirement income payable to the Participant shall be actuarially re-
43
DB PLAN RESTATED and AMENDED as of September 21, 2023 197
determined to ensure that the benefit paid is the Actuarial Equivalent of the present value of
the Participant's then -current benefit at the time of change, and there is no impact to the
Plan. Any such Participant shall pay the actuarial recalculation expenses. Each request
for a change will be made in writing on a form prepared by the Board and on completion will
be filed with the Board. In the event that no designated Beneficiary survives the Participant,
such benefits as are payable in the event of the death of the Participant subsequent to his
retirement shall be paid as provided in Section 11, Beneficiaries.
(D) Benefit payments shall be made under the option elected in accordance with the
provisions of this Article and shall be subject to the following limitations:
1. If a Participant dies prior to his Normal Retirement Date or Early Retirement
Date, the beneficiary will receive a benefit paid under the normal form of
benefit in accordance with Article 7, Pre -Retirement Death.
2. If both the retired Participant and the beneficiary (or beneficiaries) designated
by Participant die before full payment has been effected under any option
providing for payments for a period certain and life thereafter, the value of the
remaining payments shall be paid in such other amount and form of retirement
benefit payment that, in the opinion of the Board, will meet the circumstances
of the retiree and the Trust in accordance Article 11.
3. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before
the Participant's retirement under the Plan, the option elected will be canceled
automatically and a retirement income of the normal form and amount will be
payable to the Participant upon his retirement as if the election had not been
made, unless a new election is made in accordance with provisions of this
Article or a new Beneficiary is designated by the Participant prior to his
retirement.
4. If a Participant continues employment beyond his Normal Retirement Date
pursuant to the provisions of the Normal Retirement Date provided in the
Adoption Agreement, and dies prior to his actual retirement and while an
option made pursuant to the provisions of the Adoption Agreement is in effect,
44
DB PLAN RESTATED and AMENDED as of September 21, 2023 198
monthly retirement income payments will be made, or a retirement benefit will
be paid, under the option to a Beneficiary (or Beneficiaries) designated by the
Participant in the amount or amounts computed as if the Participant had
retired under the option on the date on which his death occurred.
(E) Unless otherwise allowed by law, a Participant may not change his benefit payment
option after the date of cashing or depositing his first benefit check.
(F) Distribution of a participant's benefit under this article must commence no later than
April 1 of the calendar year following the later of the calendar year during which the
participant attains the applicable age required by IRC § 401(a)(9). or the calendar year in
which the participant terminates employment with the Employer. [See note to Provision 6.08
regarding applicable age requirements]
(G) Notwithstanding anything herein to the contrary, the Board in its discretion, may elect
to make a lump sum payment to a Participant or a Participant's Beneficiary in the event that
the total commuted value of the monthly income payments to be paid do not exceed one
thousand dollars ($1,000). Any such payment made to any person pursuant to the power
and discretion conferred upon the Board by the preceding sentence shall operate as a
complete discharge of all obligations under the Plan with regard to such Participant and shall
not be subject to review by anyone, but shall be final, binding and conclusive on all persons.
45
DB PLAN RESTATED and AMENDED as of September 21, 2023 199
ARTICLE 11
BENEFICIARIES
(A) Each Participant may, on a form provided for that purpose, signed and filed with the
Board, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be
payable in the event of his death and each designation may be revoked by such Participant
by signing and filing with the Board a new designation -of -beneficiary form. The consent of a
Participant's beneficiary to any change of beneficiary shall not be required.
(B) If a deceased Participant fails to name a beneficiary in the manner prescribed in
Section A, or if the beneficiary (or beneficiaries) named by a deceased Participant
predeceases the Participant, the death benefit, if any, which may be payable under the Plan
with respect to such deceased Participant shall be paid by the Board to the estate of the
Participant, and the Board, in its discretion, may direct that the commuted value of the
remaining value of the remaining monthly income benefits be paid in a lump sum.
Any payment made to any person pursuant to this Section shall operate as a complete
discharge of all obligations under the Plan with regard to the deceased Participant and any
other persons with rights under the Plan and shall not be subject to review by anyone but
shall be final, binding, and conclusive on all persons ever interested hereunder.
46
DB PLAN RESTATED and AMENDED as of September 21, 2023 200
ARTICLE 12
CLAIMS PROCEDURES
The Board shall establish administrative claims procedures to be utilized in processing
written requests ("claims"), on matters which affect the substantial rights of any person
("claimant"), including Participants, retirees, Beneficiaries, or any person affected by a
decision of the Board.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 201
ARTICLE 13
REPORTS TO DIVISION OF RETIREMENT
Each year by no later than March 15th, the Board shall file an Annual Report with the State
of Florida, Division of Retirement, and the Employer containing the documents and
information contained in Sections 175.261 and 185.221, Florida Statutes.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 202
ARTICLE 14
ROSTER OF RETIREES
The Secretary of the Board shall keep a record of all persons receiving a benefit or vested
Participants who will receive a future vested benefit under the provisions of this Plan in which
it shall be noted the time when the benefit became payable. Additionally, the Secretary shall
keep a record of all Participants employed by the Employer in such a manner as to show
the name, address, date of employment and date such employment is terminated.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 203
ARTICLE 15
BOARD ATTORNEY AND PROFESSIONALS
The Board may employ independent legal counsel at the Fund's expense for the purposes
contained herein, together with such other professional, technical, or other advisors as the
Board deems necessary.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 204
ARTICLE 16
MAXIMUM PENSION
16.01 Basic Limitation
Notwithstanding any other provisions of this plan to the contrary, the member
contributions paid to, and retirement benefits paid from, the plan shall be limited to
such extent as may be necessary to conform to the requirements of Code Section
415 for a qualified retirement plan. Before January 1, 1995, a plan member may
not receive an annual benefit that exceeds the limits specified in Code Section
415(b), subject to the applicable adjustments in that section. On and after January
1, 1995, a plan member may not receive an annual benefit that exceeds the dollar
amount specified in Code Section 415(b)(1)(A) ($160,000), subject to the
applicable adjustments in Code Section 415(b) and subject to any additional limits
that may be specified in this plan.
For purposes of Code Section 415(b), the term "annual benefit' means a benefit
payable annually in the form of a straight life annuity without regard to the benefit
attributable to after-tax employee contributions (except pursuant to Code section
415(n)) and to rollover contributions (as defined in Code section 415(b)(2)(A)), and
with the benefit attributable determined in accordance with Treasury Regulations
located in 26 C.F.R. 1.415(b)-1.
16.02 Adiustments to Basic Limitation for Form of Benefit.
If the form of benefit is other than the annual benefit defined in section 16.01, the
benefit shall be adjusted so that it is the equivalent of the annual benefit using
factors prescribed in Treasury Regulations. If the form of benefit without regard to
any automatic benefit increase feature is not a straight life annuity or a qualified
joint and survivor annuity then the preceding sentence is applied by either reducing
the Code Section 415(b) limit applicable at the annuity starting date or by adjusting
the form of benefit to an actuarially equivalent amount determined using the
assumptions specified in 26 CFR 1.415(b)-1 that takes into account the additional
benefits under the form of benefit as follows:
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DB PLAN RESTATED and AMENDED as of September 21, 2023 205
(A) Benefit Forms Not Subject to § 417(e)(3): The straight life annuity
that is actuarially equivalent to the member's form of benefit shall be
determined under this section 16.02(A) if the form of a member's benefit is
either a non -decreasing annuity (other than a straight life annuity) payable
for a period of not less than the life of the member (or in the case of a
qualified pre -retirement survivor annuity, the life of the surviving spouse), or
an annuity that decreases during the life of the participant merely because
of (a) the death of the survivor annuitant (but only if the reduction is not
below 50% of the benefit payable before the death of the survivor
annuitant), or (b) the cessation or reduction of Social Security supplements
or qualified disability payments (as defined in Code Section 401(a)(11)). For
a benefit paid in a form described in this Section 16.02(A), the actuarially
equivalent straight life annuity is equal to the greater of:
(1) The annual amount of the straight life annuity (if any) payable
to the member under the plan commencing at the same annuity
starting date as the member's form of benefit, or
(2) the annual amount of the straight life annuity commencing at
the same annuity starting date that has the same actuarial present
value as the member's form of benefit, computed using a 5 percent
interest rate assumption and the applicable mortality tables
described in Code Section 417(e)(3)(B) (Notice 2008-85 or any
subsequent Internal Revenue Service guidance implementing Code
Section 417(e)(3)(B)); or
(B) Benefit Forms Subject to § 417(e)(3): If a form of member's benefit
is other than a benefit form described in section 16.02(A), the actuarially
equivalent straight life annuity benefit that is the greatest of:
(1) The annual amount of the straight life annuity commencing at
the annuity starting date that has the same actuarial present value
as the particular form of benefit payable, computed using the interest
rate and mortality table, or tabular factor, specified in the plan for
actuarial experience;
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DB PLAN RESTATED and AMENDED as of September 21, 2023 206
(2) The annual amount of the straight life annuity commencing at
the annuity starting date that has the same actuarial present value
as the particular form of benefit payable computed using a five
percent interest assumption for the applicable statutory interest
assumption and (i) for years prior to January 1, 2009 the applicable
mortality tables for the distribution under 26 CFR 1.417(e)-1(d)(2)
(Revenue Ruling 2001-62 or any subsequent Revenue Ruling
modifying the applicable provisions of Revenue Ruling 2001-62) and
(ii) for years after December 31, 2008 the applicable mortality tables
described in Code Section 417(e)(3)(B) (Notice 2008-85 or any
subsequent Internal Revenue Service guidance implementing Code
Section 417(e)(3)(B)); or
(3) The annual amount of the straight life annuity commencing at
the annuity starting date that has the same actuarial present value
as the particular form of benefit payable computed using the
applicable interest rate for the distribution under 26 CFR 1.417(e)-
1(d)(3) the 30-year Treasury rate prior to January 1, 2007 using the
rate in effect for the month prior to retirement and on and after
January 1, 2007 using the rate in effect for the first day of the plan
year with a one-year stabilization period and (i) for years prior to
January 1, 2009 the applicable mortality tables for the distribution
under 26 CFR 1.417(e)-1(d)(2) (the mortality table specified in
Revenue Ruling 2001-62 or any subsequent Revenue Ruling
modifying the applicable provisions of Revenue Ruling 2001-62) and
(ii) for years after December 31, 2008 the applicable mortality tables
described in Code Section 417(e)(3)(B) (Notice 2008-85 or any
subsequent Internal Revenue Service guidance implementing Code
Section 417(e)(3)(B)), divided by 1.05.
(C) The actuary may adjust the 415(b) limit at that annuity starting date
in accordance with paragraphs (A) and (B) above.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 207
(D) Benefits Not Taken into Account. For purposes of this Section, the
following benefits shall not be taken into account in applying these limits:
(1) Any ancillary benefit which is not directly related to retirement
income benefits;
(2) Survivor benefits payable to a surviving spouse under a
qualified joint and survivor annuity to the extent such benefits would
not be payable if the participant's benefit were paid in another form.
(3) Any other benefit not required under §415(b)(2) of the Code
and Regulations thereunder to be taken into account for purposes of
the limitation of Code Section 415(b)(1);
(E) COLA Effect. Effective on and after January 1, 2003, for purposes
of applying the limits under Code Section 415(b) (the "Limit"), the following
will apply:
(1) A member's applicable limit will be applied to the member's
annual benefit in the member's first limitation year of benefit
payments without regard to any automatic cost of living adjustments;
(2) thereafter, in any subsequent limitation year, a member's
annual benefit, including any automatic cost of living increases, shall
be tested under the then applicable benefit limit including any
adjustment to the Code Section 415(b)(1)(A) dollar limit under Code
Section 415(d), and the regulations thereunder; but
(3) in no event shall a member's benefit payable under the plan
in any limitation year be greater than the limit applicable at the
annuity starting date, as increased in subsequent years pursuant to
Code Section 415(d) and the regulations thereunder.
Unless otherwise specified in the plan, for purposes of applying the limits under Code
Section 415(b), a Member's applicable limit will be applied taking into consideration cost
of living increases as required by Section 415(b) of the Code and applicable Treasury
Regulations.
(F) Other Adjustments in Limitations.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 208
(1) In the event the member's retirement benefits become
payable before age sixty-two (62), the limit prescribed by this section
shall be reduced in accordance with regulations issued by the
Secretary of the Treasury pursuant to the provisions of Code Section
415(b) of the Code, so that such limit (as so reduced) equals an
annual straight life benefit (when such retirement income benefit
begins) which is equivalent to an annual benefit in the amount of the
applicable dollar limitation of Section 415(b)(1)(A) of the Code (as
adjusted pursuant to Section 415(d) of the Code) beginning at age
sixty-two (62).
(2) In the event the member's benefit is based on at least fifteen
(15) years of credited service as a full-time police officer or firefighter,
the adjustments provided for in (F)(1) above shall not apply.
(3) The reductions provided for in (F)(1) above shall not be
applicable to disability benefits or pre -retirement death benefits.
(4) In the event the member's retirement benefit becomes
payable after age sixty-five (65), for purposes of determining whether
this benefit meets the limit set forth herein, such benefit shall be
adjusted so that it is actuarially equivalent to the benefit beginning at
age sixty-five(65). This adjustment shall be made in accordance with
regulations promulgated by the Secretary of the Treasury or his
delegate.
16.03 Less than Ten (10) Years of Service.
The maximum retirement benefits payable under this section to any member who
has completed less than ten (10) years of credited service shall be the amount
determined under section 16.01 multiplied by a fraction, the numerator of which is
the number of the member's years of credited service and the denominator of
which is ten (10). The reduction provided by this section cannot reduce the
maximum benefit below 10% of the limit determined without regard to this
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DB PLAN RESTATED and AMENDED as of September 21, 2023 209
subsection. The reduction provided for in this section shall not be applicable to
pre -retirement disability benefits or pre -retirement death benefits.
16.04 Participation in Other Defined Benefit Plans.
The limit of this section with respect to any member who at any time has been a
member in any other defined benefit plan as defined in Code Section 4140)
maintained by the Employer shall apply as if the total benefits payable under all
Employer defined benefit plans in which the member has been a member were
payable from one plan.
16.05 Ten Thousand Dollar ($10,000) Limit.
Notwithstanding anything in this article to the contrary, the retirement benefit
payable with respect to a member shall be deemed not to exceed the limit set forth
in this article -if the benefits payable, with respect to such member under this plan
and under all other qualified defined benefit pension plans to which the Employer
contributes, do not exceed ten thousand dollars ($10,000) for the applicable
limitation year and for any prior limitation year and the Employer has not at any
time maintained a qualified defined contribution plan in which the member
participated; provided, however, that if the member has completed less than ten
years of credited service, the limit hereunder shall be a reduced limit equal to ten
thousand dollars ($10,000) multiplied by a fraction, the numerator of which is the
number of the member's years of credited service and the denominator of which is
ten.
16.06 Reduction of Benefits.
Reduction of benefits and/or contributions to all plans, where required, shall be
accomplished by first reducing the member's benefit under any defined benefit
plans in which member participated, such reduction to be made first with respect
to the plan in which member most recently accrued benefits and thereafter in such
priority as shall be determined by the board and the plan administrator of such
other plans, and next, by reducing or allocating excess forfeitures to defined
56
DB PLAN RESTATED and AMENDED as of September 21, 2023 210
contribution plans in which the member participated, such reduction to be made
first with respect to the plan in which member most recently accrued benefits and
thereafter in such priority as shall be established by the board and the plan
administrator for such other plans provided, however, that necessary reductions
may be made in a different manner and priority pursuant to the agreement of the
board and the plan administrator of all other plans covering such member.
16.07 Service Credit Purchase Limits.
(A) Effective for permissive service credit contributions made in limitation
years beginning after December 31, 1997, if a member makes one or more
contributions to purchase permissive service credit under the plan, then the
requirements of this section will be treated as met only if:
(1) the requirements of Code Section 415(b) are met, determined
by treating the accrued benefit derived from all such contributions as
an annual benefit for purposes of Code Section 415(b), or
(2) the requirements of Code Section 415(c) are met, determined
by treating all such contributions as annual additions for purposes of
Code Section 415(c).
(3) For purposes of applying subparagraph (A)(1), the plan will
not fail to meet the reduced limit under Code section 415(b)(2)(C)
solely by reason of this subparagraph (3), and for purposes of
applying subparagraph (A)(2) the plan will not fail to meet the
percentage limitation under Section 415(c)(1)(B) of the Code solely
by reason of this subparagraph (3)
(B) For purposes of this subsection the term "permissive service credit"
means service credit—
(1) recognized by the plan for purposes of calculating a member's
benefit under the plan.
(2) which such member has not received under the plan, and
(3) which such member may receive only by making a voluntary
additional contribution, in an amount determined under the plan,
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DB PLAN RESTATED and AMENDED as of September 21, 2023
211
which does not exceed the amount necessary to fund the benefit
attributable to such service credit.
Effective for permissive service credit contributions made in limitation years
beginning after December 31, 1997, such term may, if otherwise provided by the
plan, include service credit for periods for which there is no performance of service,
and, notwithstanding clause (13)(2), may include service credited in order to provide
an increased benefit for service credit which a member is receiving under the plan.
(C) For purposes of applying the limits in this Section 16.07 only and for
no other purpose, the definition of compensation where applicable will be
compensation actually paid or made available during a limitation year,
except as noted below and as permitted by Treasury Regulations located in
26 CFR 1.415(c)-2, or successor regulations. Unless another definition of
compensation that is permitted by Treasury Regulations Section 1.415(c)-
2, or successor regulation, is specified by the plan, compensation will be
defined as wages within the meaning of Code Section 3401(a) and all other
payments of compensation to an employee by an employer for which the
employer is required to furnish the employee a written statement under
Code Sections 6041(d), 6051(a)(3) and 6052 and will be determined without
regard to any rules under Code Section 3401(a) that limit the remuneration
included in wages based on the nature or location of the employment or the
services performed (such as the exception for agricultural labor in Code
Section 3401(a)(2).
(1) However, for limitation years beginning after December 31,
1997, compensation will also include amounts that would otherwise
be included in compensation but for an election under Code Sections
125(a), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). For limitation
years beginning after December 31, 2000, compensation will also
include any elective amounts that are not includible in the gross
income of the employee by reason of Code Section 132(f)(4).
(2) For limitation years beginning on and after January 1, 2007,
compensation for the limitation year will also include compensation
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DB PLAN RESTATED and AMENDED as of September 21, 2023
212
paid by the later of 21/2 months after an employee's severance from
employment or the end of the limitation year that includes the date of
the employee's severance from employment if:
a. the payment is regular compensation for services
during the employee's regular working hours, or
compensation for services outside the employee's regular
working hours (such as overtime or shift differential),
commissions, bonuses or other similar payments, and, absent
a severance from employment, the payments would have
been paid to the employee which the employee continued in
employment with the employer; or
b. the payment is for unused accrued bona fide sick,
vacation or other leave that the employee would have been
able to use if employment had continued.
(3) Back pay, within the meaning of Treasury Regulations Section
1.415(c)-2(g)(8), shall be treated as compensation for the limitation
year to which the back pay relates to the extent the back pay
represents wages and compensation that would otherwise be
included under this definition.
(D) Notwithstanding any other provision of law to the contrary, the Board
may modify a request by a member to make a contribution to the plan if the
amount of the contribution would exceed the limits provided in Code Section
415 by using the following methods:
(1) If the law requires a lump sum payment for the purchase of
service credit, the Board may establish a periodic payment deduction
plan for the member to avoid a contribution in excess of the limits
under Code Sections 415(c) or 415(n).
(2) If payment pursuant to subparagraph (D)(1) will not avoid a
contribution in excess of the limits imposed by Code Section 415(c),
the Board may either reduce the member's contribution to an amount
within the limits of that section or refuse the member's contribution
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DB PLAN RESTATED and AMENDED as of September 21, 2023 213
(E) If the annual additions for any member for a plan year exceed the
limitation under Code Section 415(c), the excess annual addition will be
corrected as permitted under the Employee Plans Compliance Resolution
System (or similar IRS correction program).
(F) For limitation years beginning on or after January 1, 2009, a
member's compensation for purposes of this section shall not exceed the
annual limit under Code Section 401(a)(17).
16.08 Additional Limitation on Pension Benefits.
Notwithstanding anything herein to the contrary:
(1) The normal retirement benefit or pension payable to a retiree who
becomes a Participant of the Plan and who has not previously participated
in such Plan, on or after January 1, 1980, shall not exceed one hundred
percent (100%) of average final compensation. However, nothing contained
in this section shall apply to supplemental retirement benefits or to pension
increases attributable to cost -of -living increases or adjustments.
(2) No Participant shall be allowed to receive a retirement benefit or
pension which is in part or in whole based upon any service with respect to
which the Participant is already receiving, or will receive in the future, a
retirement benefit or pension from a different employer's retirement system
or plan. This restriction does not apply to social security benefits or federal
benefits under Chapter 67, Title 10, U.S. Code.
16.09 Benefit Restoration Plan & Trust
(A) An Employer may fund a Benefit Restoration Plan as permitted
under Code Section 415(m) as specified in this Section
(B) Definitions
(1) "Information Sheet":
is the document executed by the Employer providing specific
information as to that Employer.
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DB PLAN RESTATED and AMENDED as of September 21, 2023
214
(2) "Participant":
means an employee of the Employer who is eligible to receive
benefits under this Benefit Restoration Plan, under (C).
(3) "Pensioner":
means a former employee of the Employer who is retired and
receiving retirement benefits.
(4) "Benefit Restoration Plan":
means the provisions of section 16.09, which is hereby established
for the payment of retirement benefits supplementing the Plan
benefits as permitted under Code Section 415(m).
(5) "Benefit Restoration Plan Year":
means the limitation year of the Plan under Code Section 415.
(6) "Plan":
means the plan identified in the Adoption Agreement which is a
Florida Municipal Pension Trust Fund Defined Benefit Plan
maintained by a participating employer, and with respect to which this
Benefit Restoration Plan will provide supplemental benefits.
(7) "Trust":
means the trust fund established in subsection (E) (2) of this Benefit
Restoration Plan, which shall constitute a separate trust fund from the
trust fund maintained under the Plan.
(8) "Board":
means the Board of Trustees of the Plan, serving in the separate
capacity as trustees of this Benefit Restoration Plan.
(C) PARTICIPATION
(1) All Participants, Pensioners and Beneficiaries of the Plan
whose retirement or survivor benefits from that Plan for a Plan Year
have been limited by Code Section 415 are eligible to participate in
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DB PLAN RESTATED and AMENDED as of September 21, 2023 215
this Benefit Restoration Plan, unless excluded by category under the
terms of the Information Sheet.
(2) Participation in the Benefit Restoration Plan is automatic. Any
Participant, Pensioner or Beneficiary who is eligible for benefits is
entitled to such benefits without the necessity of enrollment.
Participation in the Benefit Restoration Plan will cease for any Plan
Year in which the retirement benefit of a Pensioner or Beneficiary is
not limited by Code Section 415.
(D) BENEFITS
(1) Benefit Amount
A covered Pensioner or Beneficiary shall receive a monthly benefit
equal to the difference between the participant's monthly retirement
benefit otherwise payable from the Plan prior to any reduction or
limitation because of Code Section 415 and the actual monthly
retirement benefit payable from the Plan as limited by Code Section
415. The monthly benefit shall be subject to withholding for any
applicable income or employment taxes.
(2) Payment of Benefit
Benefits under the Benefit Restoration Plan shall be paid only if the
Pensioner or Beneficiary is receiving retirement benefits from the
Plan.
(3) Form of Benefit
The form of the benefit paid to a Pensioner or Beneficiary from the
Benefit Restoration Plan shall be the same payable under the Plan.
(4) Re -calculation of Benefits
The maximum benefit under the Plan shall be increased as permitted
by Internal Revenue Service regulations to reflect cost -of -living
adjustments above the base period, and from August 1, 2000, the
benefit paid to any Participant or Beneficiary who is in payment
status will be adjusted as the first day of each limitation year for the
increase, if any, in the dollar limitation indexed under section 415(d)
of the Code.
(E) CONTRIBUTIONS AND FUNDING
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DB PLAN RESTATED and AMENDED as of September 21, 2023 216
(1) Contributions
(a) The Board, upon the recommendation of the actuary, shall
determine the required contributions to pay plan benefits in
accordance with (3) below. The required contribution for each
Plan Year shall be the total amount of benefits payable under
(D) to all Pensioners and Beneficiaries, plus such amount as
determined by the Board to pay the administrative expenses of
the Benefit Restoration Plan and the Employer's share of any
employment taxes on the benefits paid from the Plan.
(b) The required contribution as determined by the Board, upon
the recommendation of the actuary, shall be paid into the Trust
from an allocation of the Employer contribution amounts paid
under the Plan.
(2) Benefit Restoration Plan Trust Fund
Contributions to the Benefit Restoration Plan shall be deposited in
the separate Trust established and administered by the Board. This
Trust is intended to be exempt from federal income tax under Code
Sections 115 and 415(m)(1). The Trust assets shall be subject to
the claims of general creditors of the Employer in the case of
bankruptcy.
(3) Funding Assets
The benefit liabilities of the Benefit Restoration Plan shall be funded
on an as -needed basis. The Trust established under (2) above shall
not be accumulated to pay benefits payable in future years.
Accordingly, any assets of the Trust shall be invested by the Board
in short-term investments as the Board may determine to assure
preservation of principal rather than the generation of income.
(4) Non -assignability of Benefits
The benefits payable under this Benefit Restoration Plan may not be
assigned or alienated, except as otherwise permitted for benefits
payable by the Plan.
(5) Amendment and Termination
The Employer reserves the right to amend this Benefit Restoration
Plan at any time. No modification or amendment of the Benefit
Restoration Plan shall make it possible for any part of the income or
assets of the fund to be used for, or diverted to, purposes other than
for the exclusive benefit of the Participants, Pensioners and
Beneficiaries, except as set forth in section (2) above.
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DB PLAN RESTATED and AMENDED as of September 21, 2023
217
The Employer reserves the right to discontinue or terminate this
Benefit Restoration Plan in whole or in part. Upon a termination of
the Benefit Restoration Plan, the Board shall take such steps as the
Board determines to be necessary or desirable to comply with
applicable laws and to apply any remaining assets.
If, after satisfaction of all liabilities, there is any balance remaining in
the fund, such balance shall be refunded to the Employer if not
otherwise prohibited by law.
(F) ADMINISTRATION
(1) Benefit Restoration Plan Administration
The Benefit Restoration Plan shall be administered by the Board.
The Board shall have the same authority to administer the Benefit
Restoration Plan as exists for the Plan. The Board may delegate any
or all of the Board's administrative authority.
(2) Compliance Authority
The Board may make modifications to the benefits payable under the
Benefit Restoration Plan as may be necessary to maintain its
qualified status under Code Section 415(m).
(3) No Liability for Benefits
Since this Benefit Restoration Plan is not intended to accumulate
funds, the Benefit Restoration Plan shall not be liable for the payment
of any benefits except to the extent of funds actually received from
the Employer and not previously distributed or applied to pay Benefit
Restoration Plan expenses.
(4) This Benefit Restoration Plan shall be construed, administered
and governed in all respects by the laws of the State of Florida.
(G) EFFECTIVE DATES
The Board shall pay benefits under the Benefit Restoration Plan beginning
on or after the date specified on the Information Sheet.
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DB PLAN RESTATED and AMENDED as of September 21, 2023 218
ARTICLE 17
DISTRIBUTION OF BENEFITS
As of the Effective Date, this Plan shall pay all benefits in accordance with a good faith
interpretation of the requirements of Code Section 401(a)(9) and the regulations
promulgated thereunder, as applicable to a governmental plan as defined in Code Section
414(d). Notwithstanding any other provision of this Plan to the contrary, a form of retirement
income payable from this Plan shall satisfy the following conditions:
(A) If the retirement income is payable before the Participant's death,
(1) It shall either be distributed or commence to the Participant not later than April
1 of the calendar year following the later of the calendar year in which the
Participant attains the applicable age required by IRC § 401(a)(9), or the
calendar year in which the Participant retires; and,
(2) the benefit shall be paid over the life of the Participant or over the lifetimes of
the Participant and designated beneficiary and shall be paid over the period
extending not beyond the life expectancy of the Participant and designated
beneficiary
Where benefit payments have commenced in accordance with the preceding
paragraphs and the Participant dies before his entire interest in the Plan has been
distributed, the remaining portion of such interest in the Plan shall be distributed no
less rapidly than under the form of distribution in effect at the time of the Participant's
death.
(B) If the Participant dies before distributions begin, the Participant's entire interest will
be distributed, or begin to be distributed, no later than as follows:
(1) If the Participant's surviving spouse is the Participant's sole designated
beneficiary, then, except as provided in the adoption agreement,
distributions to the surviving spouse will begin by December 31 of the
calendar year immediately following the calendar year in which the
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DB PLAN RESTATED and AMENDED as of September 21, 2023 219
Participant died, or by December 31 of the calendar year in which the
Participant would have attained the applicable age as required under IRC §
401(a)(9), if later. [See note to Provision 6.08 regarding applicable age
requirements]
(2) If the Participant's surviving spouse is not the Participant's sole designated
beneficiary, then, except as provided in the adoption agreement,
distributions to the designated beneficiary will begin by December 31 of the
calendar year immediately following the calendar year in which the
Participant died.
(3) If there is no designated beneficiary as of September 30 of the year
following the year of the Participant's death, the Participant's entire interest
will be distributed by December 31 of the calendar year containing the fifth
anniversary of the Participant's death.
(4) If the Participant's surviving spouse is the Participant's sole designated
beneficiary and the surviving spouse dies after the Participant but before
distributions to the surviving spouse are required to begin, this subsection
(B), other than B(1), will apply as if the surviving spouse were the
Participant. For purposes of this subsection, unless this provision B(4)
applies, distributions are considered to begin on the Participant's required
beginning date. If this provision B(4) applies, distributions are considered to
begin on the date distributions are required to begin to the surviving spouse
under B(4). If distributions under an annuity meeting the requirements of
this article commence to the Participant before the Participant's required
beginning date (or to the Participant's surviving spouse before the date
distributions are required to begin to the surviving spouse under B(1)), the
date distributions are considered to begin is the date distributions actually
commence.
(C) Direct Transfers of Eliqible Rollover Distributions
(1) This paragraph applies to distributions made on or after January 1, 1993.
Notwithstanding any provisions of the Plan to the contrary that would otherwise limit
66
DB PLAN RESTATED and AMENDED as of September 21, 2023 220
a distributee's (as defined below) election under this paragraph, a distributee may
elect, at the time and in the manner prescribed by the Plan Administrator, to have
any portion of an eligible rollover distribution (as defined below) that is equal to at
least $500 paid directly to an eligible retirement plan (as defined below) specified by
the distributee in a direct rollover (as defined below). If an eligible rollover distribution
is less than $500, a distributee may not make the election described in the preceding
sentence to rollover only a portion of the eligible rollover distribution.
(2) For purposes of this paragraph, the following terms shall have the following
meanings:
(i) An "eligible rollover distribution" is any distribution of all or any portion
of the balance to the credit of the distributee, except that an eligible rollover
distribution does not include: any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually)
made for the life (or life expectancy) of the distributee or the joint lives (or joint
life expectancies) of the distributee and the distributee's designated
beneficiary, or for a specified period of ten years or more; any distribution to
the extent such distribution is required under Code Section 401(a)(9), and the
portion of any distribution that is not included in gross income (determined
without regard to the exclusion for net unrealized appreciation with respect to
employer securities); and any other distribution(s) that is reasonably expected
to total less than $200 during a year.
A portion of a distribution shall not fail to be an eligible rollover distribution
merely because the portion consists of after-tax employee contributions
which are not includible in gross income. However, such portion may be
transferred only to (1) a traditional individual retirement account or annuity
described in § 408(a) or (b) of the Code (a —traditional IRA) or a Roth
individual retirement account or annuity described in § 408A (a —Roth IRA);
or (2) to a qualified defined contribution, defined benefit, or annuity plan
described in § 401(a) or § 403(a) or to an annuity contract described in §
403(b), if such plan or contract provides for separate accounting for
67
DB PLAN RESTATED and AMENDED as of September 21, 2023
221
amounts so transferred (including interest thereon), including separately
accounting for the portion of such distribution which is includible in gross
income and the portion of such distribution which is not so includible.
(ii) An "eligible retirement plan" is an eligible plan under § 457(b) of the
Code which is maintained by a state, political subdivision of a state, or any
agency or instrumentality of a state or political subdivision of a state and
which agrees to separately account for amounts transferred into such plan
from this plan, a traditional IRA, a Roth IRA, an annuity plan described in §
403(a) of the Code, an annuity contract described in § 403(b) of the Code,
or a qualified defined benefit or defined contribution plan described in §
401(a) of the Code, that accepts the distributee's eligible rollover
distribution. The definition of eligible retirement plan shall also apply in the
case of a distribution to a surviving spouse, or to a spouse or former spouse
who is the alternate payee under a qualified domestic relations order, as
defined in § 414(p) of the Code.
(iii) A "distributee" includes an Employee or former Employee. In addition,
the Employee's or former Employee's surviving spouse is a distributee with
regard to the interest of the spouse. For distributions occurring in plan years
beginning after December 31, 2009 (or in any earlier plan year beginning
after December 31, 2006), a distributee also includes the Participant's non -
spouse designated beneficiary. In the case of a non -spouse beneficiary, the
direct rollover may be made only to a traditional IRA or Roth IRA that is
established on behalf of the designated beneficiary and that will be treated
as an inherited IRA pursuant to the provisions of § 402(c)(11). Also, in this
case, the determination of any required minimum distribution under §
401(a)(9) that is ineligible for rollover shall be made in accordance with
Notice 2007-7, Q&A 17 and 18, 2007-5 I.R.B. 395.
(iv) A "direct rollover" is a payment by the Plan to the eligible retirement
plan specified by the distributee.
68
DB PLAN RESTATED and AMENDED as of September 21, 2023
222
ARTICLE 18
Ikyi16*4149W_1ZI=101k ia:Z•1ky/6*1[•]zM
18.01 Interest of Participants in Plan
All assets of the Fund shall be held in trust and at no time prior to the satisfaction of all
liabilities under the Plan with respect to Participants and Beneficiaries, shall any part of the
corpus or income of the Fund be used for or diverted to any purpose other than for their
exclusive benefit. No plan amendment or ordinance shall be adopted by the Employer which
shall have the effect of reducing the then vested accrued benefits of Participants or
Participants' beneficiaries under the Plan.
18.02 Summary Plan Descriptions
The Summary Plan Description outlining the provisions of this Plan was designed only to
give a brief description of the benefit provided and does not include all the provisions or
exclusions in the Plan Document. If the Summary Plan Description disagrees with the Plan
herein in any way, the Plan Document will govern.
18.03 Gender and Number
Wherever any words are used in the masculine, feminine or neutral gender, they shall be
construed as though they were also used in another gender in all cases where they would
apply. Whenever any words are used herein in the singular or plural form, they shall be
construed as though they were also used in the other form in all cases where they would
apply.
18.04 Headinqs and References
All headings and references to sections, subsections, paragraphs, etc., in this Plan are
inserted for convenience only and shall not affect the construction or interpretation of this
Plan.18.05 Benefit Improvements
Benefit improvements which, in the past, have been provided for by amendments to the
Plan adopted by the Employer by ordinance or resolution, and any benefit improvements
69
DB PLAN RESTATED and AMENDED as of September 21, 2023 223
which might be made in the future, shall apply prospectively and shall not apply to
Participants who terminate employment or who retire prior to the effective date of any
ordinance or resolution adopting such benefit improvements, unless such ordinance or
resolution specifically provides to the contrary.
18.06 Procedure for Unclaimed Benefit
If the Board is unable, within three years after any benefit becomes due to a Participant or
Beneficiary under the Plan, to authorize payment because the identity or whereabouts of
such person cannot be ascertained, the Board may direct that such benefit and all further
benefits with respect to such person shall be forfeited and all liability for the payment thereof
shall terminate.
18.07 Qualified Military Service:
Notwithstanding any provision of this Plan to the contrary, contributions, benefits, and
service credit with respect to qualified military service will be provided in accordance with §
414(u) of the Code. To the extent that the definition of "credited service" sets forth
contribution requirements that are more favorable to the participants than the minimum
compliance requirements, the more favorable provisions shall apply.
Consistent with the Heroes Earning Assistance and Relief Tax (HEART) Act, a deceased
person's period of qualified military service will be credited service under the Plan.
If a Participant dies while engaged in qualified military service, the Participant's beneficiaries
shall be entitled to any benefits the Participant would have been entitled to as if the
Participant had resumed employment immediately prior to his or her death in accordance
with the Heroes Earning Assistance and Relief Tax (HEART) Act, and any regulations
promulgated thereunder.
18.08 Domestic Relations Order Submission:
(A) Prior to the entry of any domestic relations order which affects or purports to affect
the Fund's responsibilities in connection with the payment of benefits, that order should
ro
DB PLAN RESTATED and AMENDED as of September 21, 2023
224
be submitted through the Fund's administrator for review as to whether the Fund may
honor it.
(B) If the domestic relations order is not submitted to the administrator for review prior
to entry, and the Fund is ordered to take action that it may not legally take, and the Fund
expends administrative or legal fees in resolving the matter, the Participant who submitted
the domestic relations order will be required to reimburse the Fund its expenses in
connection with the order.
(C) The administrator may develop rules or regulations concerning what the Fund will
consider to determine if a domestic relations order may be complied with by the Fund.
18.09 Prohibited Transaction
Effective January 1, 1989, the Board may not engage in any transaction prohibited under
Section 503(b) of the Code.
18.10 Qualification of Plan
It is intended that this plan shall constitute a qualified public pension plan under the
applicable provisions of the Code for a qualified plan under Code Section 401(a) and a
governmental plan under Code Section 414(d), as now in effect and as may be amended
from time to time. Any modification or amendment of this Plan may be made retroactively,
if necessary or appropriate to maintain qualification.
18.11 Plan Amendments
The Employer acknowledges the FMPTF Defined Benefit Plan document may be
amended from time to time by the FMPTF Master Trustee to comply with applicable
federal or state laws or regulations, and to make ministerial or administrative changes to
the Plan, without the consent of the Employer or of Participants or any Beneficiaries
thereof. Any amendment of the Plan, made in accordance with this provision, may be
made retroactively, if deemed necessary or appropriate by the FMPTF Master Trustee.
A copy of any Plan amendment shall be delivered to the Plan administrator, and the Plan
shall be amended in the manner and effective as of the date set forth therein, and the
Employers, Employees, Participants and Beneficiaries shall be bound by the amendment.
71
DB PLAN RESTATED and AMENDED as of September 21, 2023 225
The FMPTF Master Trustee shall not make any amendment to benefits under the Plan
unless the amendment is necessitated to comply with applicable federal or state laws or
regulations. Employers shall receive copies of any Plan amendments made by the
FMPTF Master Trustee.
72
DB PLAN RESTATED and AMENDED as of September 21, 2023 226
ARTICLE 19
REPEAL OR TERMINATION OF PLAN
(A) This Plan and Fund may be modified, terminated, or amended, in whole or in part at
any time by the Employer; provided that if this Plan or any subsequent ordinance or
resolution shall be amended or repealed in its application to any person benefiting
hereunder, the amount of benefits which at the time of any such alteration, amendment, or
repeal shall have accrued to the Participant or beneficiary shall not be affected thereby,
except to the extent that the assets of the Fund may be determined to be inadequate.
(B) If this Plan shall be repealed, or if contributions to the Plan are discontinued, or if
there is a transfer, merger or consolidation of government units, services or functions as
provided in Chapter 121, Fl. Stat., the Board shall continue to administer the Plan in
accordance with the provisions of this Plan, for the sole benefit of the then Participant's, any
beneficiaries then receiving retirement allowances, and any future persons entitled to
receive future benefits. In the event of repeal, termination or permanent discontinuance of
contributions due to transfer, merger or consolidation of government units, services or
functions, or for any other reason, there shall be full vesting (100%) of benefits accrued to
date of repeal and the assets of the Plan shall be allocated as follows:
(C) General Employees
Benefits for General Employees shall be distributed in an equitable manner to provide
benefits on a proportionate basis to the persons so entitled in accordance with the provisions
of this Plan. The following shall be the order of priority for purposes of allocating the assets
of the Plan as of the date of repeal of this Plan, or if contributions to the Plan are discontinued
with the date of such discontinuation being determined by the Employer.
(1) Apportionment shall first be made in respect of each retired Participant
receiving a retirement or disability benefit hereunder on such date, each person
receiving a benefit on such date on account of a retired or disabled (but since
deceased) Participant, and each Participant who has, by such date, become eligible
73
DB PLAN RESTATED and AMENDED as of September 21, 2023
227
for normal retirement but has not yet retired, an amount which is the actuarial
equivalent of such benefit, based upon the actuarial assumptions in use for purposes
of the most recent actuarial valuation, provided that, if such asset value be less than
the aggregate of such amounts, such amounts shall be proportionately reduced so
that the aggregate of such reduced amounts will be equal to such asset value.
(2) If there be any asset value remaining after the apportionment under paragraph
1, apportionment shall next be made in respect of each Participant in the service of
the Employer on such date who has completed at least ten (10) Years of Credited
Service and who is not entitled to an apportionment under paragraph 1, in the amount
required to provide the Actuarial Equivalent, as described in paragraph 1 above, of
the accrued Normal Retirement Benefit, based on the Credited Service and Salary
as of such date, and each vested former Participant then entitled to a deferred benefit
who has not, by such date, begun receiving benefit payments, in the amount required
to provide said Actuarial Equivalent of the accrued Normal Retirement Benefit,
provided that, if such remaining asset value is less than the aggregate of the amounts
apportioned hereunder, such latter amounts shall be proportionately reduced so that
the aggregate of such reduced amounts will be equal to such remaining asset value.
(3) If there be any asset value after the apportionments under paragraph 1 and 2
above, apportionment shall be made in respect of each Participant in the service of
the Employer on such date who is not entitled to an apportionment under paragraphs
1 and 2 above in the amount equal to Participant's Accumulated Contributions,
provided that, if such remaining asset value be less than the aggregate of the
amounts apportioned hereunder, such latter amount shall be proportionately reduced
so that the aggregate of such reduced amounts will be equal to such remaining asset
value.
(4) If there be any asset value remaining after the apportionments under
paragraphs 1, 2, and 3 above, apportionment shall lastly be made in respect of each
participant included in paragraph 3 above to the extent of the Actuarial Equivalent,
74
DB PLAN RESTATED and AMENDED as of September 21, 2023 228
as described in paragraph 1 above, of the accrued Normal Retirement Benefit, less
the amount apportioned in paragraph 3 above, based on the Credited Service and
Average Final Compensation as of such date, provided that, if such remaining asset
value be less than the aggregate of the amounts apportioned hereunder, such
amounts shall be reduced so that the aggregate of such reduced amounts will be
equal to such remaining asset value.
(5) In the event that there be asset value remaining after the full apportionment
specified in paragraphs 1, 2, 3, and 4 above, such excess shall be returned to the
Employer, less return of the State's contributions to the State if applicable, provided
that, if the excess is less than the total contributions made by the Employer and the
State to the date of termination such excess shall be divided proportionately to the
total contributions made by the Employer and the State.
The allocation of the Fund provided for in this subsection may, as decided by the
Board and the Employer be carried out through the purchase of insurance company
contracts to provide the benefits determined in accordance with this subsection. The
Fund may be distributed in one sum to the persons entitled to said benefits or the
distribution may be carried out in such other equitable manner as the Board and the
Employer may direct. The Trust may be continued in existence for purposes of
subsequent distributions.
(6) After all the vested and accrued benefits provided hereunder have been paid
and after all other liabilities have been satisfied, then and only then, shall any
remaining funds be reverted to of the Employer.
(D) Police Officers and Firefighters
Benefits for Police Officers and Firefighters for plans participating in Chapters 175 or 185,
FI. Stat., shall be distributed in accordance with the following procedure:
75
DB PLAN RESTATED and AMENDED as of September 21, 2023 229
(1) The Board shall determine the date of distribution and the asset value required
to fund all the nonforfeitable benefits, after taking into account the expenses of
such distribution. The Board shall inform the Employer if additional assets are
required, in which event the Employer shall continue to financially support the plan
until all nonforfeitable benefits have been funded.
(2) The Board shall determine the method of distribution of the asset value, that is,
whether distribution shall be by payment in cash, by the maintenance of another
or substituted trust fund, by the purchase of insured annuities, or otherwise, for
each participant entitled to benefits under the plan as specified in paragraph (3).
(3) The Board shall distribute the asset value as of the date of termination in the
manner set forth in this subsection, on the basis that the amount required to
provide any given retirement income shall mean the actuarially computed single -
sum value of such retirement income, except that if the method of distribution
determined under paragraph (2) involves the purchase of an insured annuity, the
amount required to provide the given retirement income shall mean the single
premium payable for such annuity. The actuarial single -sum value may not be less
than the employee's accumulated contributions to the plan, with interest if provided
by the plan, less the value of any plan benefits previously paid to the employee.
(4) If in the event that there is asset value remaining after the full distribution as
specified in paragraph (3), and after the payment of any expenses incurred with
such distribution, such excess shall be returned to Employer, less return to the
state of the state's contributions, provided that, if the excess is less than the total
contributions made by the Employer and the state to date of termination of the
plan, such excess shall be divided proportionately to the total contributions made
by the Employer and the state.
76
DB PLAN RESTATED and AMENDED as of September 21, 2023 230
ARTICLE 20
EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY
The pensions, annuities, or any other benefits accrued or accruing to any person under the
provisions of this Plan, the Accumulated Contributions and the assets in the Fund created
under this Plan are exempt from any state, county or municipal tax of the state and shall not
be subject to execution, attachment, garnishment or any legal process whatsoever and shall
be unassignable.
77
DB PLAN RESTATED and AMENDED as of September 21, 2023 231
ARTICLE 21
FORFEITURE OF PENSION: CONVICTION AND FORFEITURE
Any Participant who is convicted of the any of the following offenses committed prior to
retirement, or whose employment is terminated by reason of his admitted commission, aid
or abetment of the following specified offenses, shall forfeit all rights and benefits under this
Plan, except for the return of his Accumulated Contributions as of the date of termination.
(A) Specified offenses are as follows:
(1) the committing, aiding or abetting of an embezzlement of public funds;
(2) the committing, aiding or abetting of any theft by a public officer or
employee from the employer;
(3) bribery in connection with the employment of a public officer or
employee;
(4) any felony specified in Chapter 838, Florida Statutes;
(5) the committing of an impeachable offense.
(6) the committing of any felony by a public officer or employee who
willfully and with intent to defraud the public or the public agency, for which he
acts or in which he is employed, of the right to receive the faithful performance
of his duty as a public officer or employee, realizes or obtains or attempts to
obtain a profit, gain, or advantage for himself or for some other person through
the use or attempted use of the power, rights, privileges, duties or position of
his public office or employment position.
(7) the committing on or after October 1, 2008, of any felony defined in
Section 800.04, Florida Statutes, against a victim younger than sixteen (16)
years of age, or any felony defined in Chapter 794, Florida Statutes, against
a victim younger than eighteen (18) years of age, by a public officer or
employee through the use or attempted use of power, rights, privileges,
duties, or position of his or her office or employment position.
78
DB PLAN RESTATED and AMENDED as of September 21, 2023 232
(B) Conviction shall be defined as follows: An adjudication of guilt by a court of
competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty
when adjudication of guilt is withheld and the accused is placed on probation; or a
conviction by the Senate of an impeachable offense.
(C) Court shall be defined as follows: any state or federal court of competent
jurisdiction, which is exercising its jurisdiction to consider a proceeding involving the
alleged commission of a specified offense. Prior to forfeiture, the Board shall hold a
hearing on which notice shall be given to the Participant whose benefits are being
considered for forfeiture. Said Participant shall be afforded the right to have an
attorney present. No formal rules of evidence shall apply, but the Participant shall
be afforded a full opportunity to present his case against forfeiture.
(D) Any Participant who has received benefits from the Plan in excess of his
Accumulated Contributions after Participant's rights were forfeited pursuant to this
section shall be required to pay back to the Fund the amount of the benefits received
in excess of his Accumulated Contributions. The Board may implement all legal
action necessary to recover such funds.
(E) As provided in the Florida Statutes, it is unlawful for a person to willfully and
knowingly make, or cause to be made, or to assist, conspire with, or urge another to
make, or cause to be made, any false, fraudulent, or misleading oral or written
statement or withhold or conceal material information to obtain any benefit from the
Plan. A person who commits a crime is punishable as provided in Section 775.082
or Section 775.083, Florida Statutes.
(F) In addition to any applicable criminal penalty upon conviction for a violation
described in subsection (E), a Participant or Beneficiary of the Plan may, in the
discretion of the Board, be required to forfeit the right to receive any or all benefits to
which the person would be otherwise be entitled under the Plan. For purposes of
79
DB PLAN RESTATED and AMENDED as of September 21, 2023 233
this subsection (F) "conviction" means a determination of guilt that is the result of a
plea or trial, regardless of whether adjudication is withheld.
Of
DB PLAN RESTATED and AMENDED as of September 21, 2023 234
ARTICLE 22
PENSION VALIDITY
The Board shall have the power to examine and investigate into the facts upon which any
pension shall heretofore have been granted under any prior or existing law, or shall hereafter
be granted or obtained erroneously, fraudulently or illegally for any reason. The Board is
empowered to purge the pension rolls or correct the pension amount of any person
heretofore granted a pension under prior or existing law or any person hereafter granted a
pension under this Plan if the same is found to be erroneous, fraudulent or illegal for any
reason, and to reclassify any person who has heretofore under any prior or existing law
been or who shall hereafter under this Plan be erroneously, improperly or illegally classified.
Any overpayments or under payments shall be corrected and paid or repaid in a reasonable
manner determined by the Board.
81
DB PLAN RESTATED and AMENDED as of September 21, 2023 235
ARTICLE 23
SIGNATORIES
This agreement is effective on the date specified in the Adoption
Agreement.
EMPLOYER
AUTHORIZED SIGNATURE
TITLE
DATE
82
DB PLAN RESTATED and AMENDED as of September 21, 2023 236
EXHIBIT A
MASTER TRUST AGREEMENT (INCLUDING INVESTMENT POLICY)
S3
DB PLAN RESTATED and AMENDED as of September 21, 2023 237
EXHIBIT B
ACTUARIAL EQUIVALENT
Actuarial Equivalent for benefit calculations under the Plan:
Actuarial Equivalent shall mean a benefit of equivalent current value to the
benefit that would otherwise have been provided to the Participant. At the
time of calculation of the actuarially equivalent benefit, the calculation shall
not include possible future benefit increases which have not been adopted
by the Employer and which are not in effect as of the calculation date.
Actuarial equivalence will be based on an interest or discount rate and
mortality table as set forth in this paragraph. The interest rate will be equal
to the post -retirement rate of interest that was used to determine the
minimum funding requirement pursuant to Chapter 112, Florida Statutes,
for the plan year that precedes the plan year during which the benefit is
being determined. The mortality table will be the unisex mortality table that
is promulgated by the Commissioner from time to time for purposes of
determining lump sum values pursuant to Code section 417(e)(3).
DB PLAN RESTATED and AMENDED as of September 21, 2023 238
Citv of Sebastian General Emplovees
Retirement Plan
TRUST JOINDER AGREEMENT
FOR THE DEFINED BENEFIT TRUST UNDER
FLORIDA MUNICIPAL PENSION TRUST FUND
MASTER TRUST AGREEMENT
THIS TRUST JOINDER AGREEMENT between the City of Sebastian, Florida
(herein referred to as the "Participating Employer"), a municipal corporation of the State
of Florida, and the Master Trustees of the Florida Municipal Pension Trust Fund (herein
collectively referred to as the "Master Trustee").
WITNESSETH:
WHEREAS, the Participating Employer is establishing or currently maintains a
retirement benefit plan for the sole and exclusive benefit of its Participating Employees
and their Beneficiaries (herein referred to as the "Plan"); and
WHEREAS, the Participating Employer is authorized to vary the investment
procedures of the plan thereby permitting the assets of the plan to be invested in
accordance with the Master Trust Agreement and the investment policy of the Florida
Municipal Pension Trust Fund (herein referred to as the "FMPTF"), and is further
authorized to participate in the FMPTF as a Participating Employer in accordance with
the procedures, policies and methods outlined in the FMPTF Master Trust Agreement;
and
WHEREAS, FMPTF, in accordance with the FMPTF Master Trust Agreement,
provides a wide array of administrative, custodial and investment services to the
Participating Employers in the FMPTF; and
WHEREAS, the Participating Employer intends to avail itself of the services
offered by FMPTF in connection with the plan; and
WHEREAS, the Participating Employer desires to submit this Trust Joinder
Agreement to the Master Trustee to become a Participating Employer in the FMPTF
and a party to the FMPTF Master Trust Agreement.
THEREFORE, in consideration of the mutual covenants and agreements flowing
to each of the parties hereto, it is agreed as follows:
1. Both parties to this Trust Joinder Agreement agree that the City of Sebastian,
Florida is a Participating Employer as provided in the FMPTF Master Trust
Agreement.
Page 1 of 3
239
2. The Participating Employer shall cause the assets of the Participating
Employer's plan to be deposited into a depository designated by the FMPTF.
3. The Participating Employer shall make timely contributions in accordance with
the provisions of the plan and shall deposit its contributions and any
contributions made by Participating Employees into a depository designated
by the FMPTF.
4. The Participating Employer shall timely remit, or timely approve the
remittance of, administrative fees as may be due under the Master Trust
Agreement into a depository designated by the FMPTF.
5. The Participating Employer shall provide to the Administrator designated by
the Master Trustee all relevant Participating Employee information, and shall
promptly update all such information, required under the plan. The
Participating Employer shall certify said information to be correct to the best
of its knowledge, and the FMPTF and the Administrator shall have the right to
rely on the accuracy of said information in performing their contractual
responsibilities.
6. The Participating Employer shall be responsible for providing the
Administrator, in a timely manner, all information concerning the termination
of any Participating Employee (e.g., death, disability, retirement, resignation
or dismissal). If the reason for the termination is disability and the
Participating Employee is claiming disability benefits, then the Participating
Employer shall be responsible for ascertaining eligibility through procedures
adopted by the Participating Employer. The Participating Employer shall
certify said information to be correct to the best of its knowledge, and the
FMPTF and the Administrator shall have the right to rely on the accuracy of
said information in performing their contractual responsibilities.
7. The FMPTF shall provide administrative, custodial and investment services to
the Participating Employer in accordance with any Resolution or Ordinance
relating to the plan and in accordance with the FMPTF Master Trust
Agreement.
8. The FMPTF, in accordance with the policies and procedures established by
the Master Trustee and the FMPTF Master Trust Agreement, shall
periodically report its activities to the Participating Employer on a timely basis.
9. The parties to this Trust Joinder Agreement agree to abide by and be bound
by the terms, duties, rights and obligations of the parties as set forth in the
FMPTF Master Trust Agreement, as may be amended by the Master Trustee,
which is attached hereto and is made a part of this Trust Joinder Agreement.
Page 2 of 3
240
10. The Participating Employer elects to have the plan assets invested in
accordance with the FMPTF Investment Policy with an equity to fixed income
ratio of:
50% Equities/ 40% Fixed Income/ 10% Real Estate
60% Equities/ 30% Fixed Income/ 10% Real Estate
70% Equities/ 20% Fixed Income/ 10% Real Estate
11. Either party may terminate this Trust Joinder Agreement by giving at least 60
days prior notice in writing (electronic means are allowable) to the other party.
Any termination shall be governed by the provisions of the FMPTF Master
Trust Agreement and the Plan.
IN WITNESS WHEREOF, the Participating Employer has caused this Trust Joinder
Agreement to the Florida Municipal Pension Trust Fund Master Agreement to be
executed and the signature of its authorized officer affixed this day of
120
ATTEST:
City of Sebastian, Florida,
a Florida municipal corporation
in
Signature
Bob MacPartlan, as Mayor
ACCEPTANCE
I9to] V197_llTil1Jilk 1[y1VA10w21►69Is] ►09ZY&3rall 0191
in
Secretary - Treasurer
Page 3 of 3
241
CITY OF SEBASTIAN
OF 5 E B,
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�FPELIr
CITY COUNCIL STAFF REPORT
DATE August 27, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Brian Stewart, CFO
First Reading of Ordinance 0-25-14 — Establishment
and Creation of The Board of Trustees for the
SUBJECT Retirement Plan and Trust for the General Employees
of the City of Sebastian, and to set the Date for the
Second Reading on September 10, 2025
EXECUTIVE SUMMARY
The General Employees Union has been dissolved, and the current retirement contributions will
end on September 30, 2025. The City Council has given consent to move forward with
developing a new pension plan for General Employees. Ordinance 0-25-14 will create Section
2-136 of the City of Sebastian, Florida Code of Ordinances, titled "Retirement Plan and Trust for
the General Employees of the City of Sebastian's Board of Trustees." The Board of Trustees will
be solely responsible for administering the Retirement Plan.
RECOMMENDATION
Hold first reading on Ordinance 0-25-14. If approved, schedule a second reading hearing on
September 10, 2025.
ATTACHMENTS:
1. Ordinance No. 0-25-14
2. Business Impact Analysis Form
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
N/A N/A N/A
Additional Funds Needed: $ 0.00
242
ORDINANCE NO. 0-25-14
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA PROVIDING FOR
THE ESTABLISHMENT AND CREATION OF THE BOARD OF TRUSTEES
FOR THE RETIREMENT PLAN AND TRUST FOR THE GENERAL
EMPLOYEES OF THE CITY OF SEBASTIAN; CREATING A NEW SECTION 2-
136 OF THE CITY OF SEBASTIAN, FLORIDA CODE OF ORDINANCES,
TITLED "RETIREMENT PLAN AND TRUST FOR THE GENERAL
EMPLOYEES OF THE CITY OF SEBASTIAN'S BOARD OF TRUSTEES";
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE CODIFICATION OF THIS
ORDINANCE AND FOR INCORPORATION IN THE ADOPTION AGREEMENT
FOR THE RETIREMENT PLAN AND TRUST FOR THE GENERAL
EMPLOYEES OF THE CITY OF SEBASTIAN, ADMINISTERED BY THE
FLORIDA LEAGUE OF CITIES; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED by the Mayor and City Council of the City of Sebastian, Florida, that:
Section 1. A new Section 2-136 of the City of Sebastian, Florida Code of Ordinances,
titled the, "Retirement Plan and Trust for the General Employees of the City of Sebastian's
Board of Trustees" is proposed to be created as follows:
Section 2-136 RETIREMENT PLAN AND TRUST FOR THE GENERAL EMPLOYEES OF
THE CITY OF SEBASTIAN'S BOARD OF TRUSTEES.
(a) Creation; Puruose.
There is herebv created, pursuant to the Retirement Plan and Trust for the General
Emplovees of the Citv of Sebastian (hereinafter "Retirement Plan"), a Board of
Trustees (hereinafter "Board of Trustees"), for the Retirement Plan, which shall be
solely responsible for administerinu the Retirement Plan. The Board of Trustees
shall be a legal entity with, in addition to other powers and responsibilities outlined
in the Florida Municipal Pension Trust Fund Defined Benefit Plan Document, as
may be amended from time to time, the power to brims and defend lawsuits of every
kind, nature and description. The Citv Council shall have the power to amend said
Retirement Plan at such time, or times as considered in the best interest of the Citv
of Sebastian and its izeneral emplovees.
(b)Membership.
The Board of Trustees shall consist of five (5) members as follows: Two (2) of
whom, unless otherwise prohibited by law, must be legal residents of the Citv of
Sebastian and must be appointed by the Citv Council of the Citv of Sebastian, and
two (2) of whom must be General emplovees and active participants in the
Retirement Plan, who are elected by a maioritv of the General employees who are
active participants in the Retirement Plan. The fifth (5th) member shall be chosen
by a maioritv of the previous four (4) members, and such person's name shall be
submitted to the Citv Council of the Citv of Sebastian. Upon receipt of the fifth
(5th) member's name, the City Council shall, as a ministerial duty appoint such
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person to the Board of Trustees.
(c) Board of Trustees' Terms.
Each Board of Trustees' member shall serve as trustee for a period of three (3)
vears. If a vacancv occurs in anv position of trustee, the vacancv shall be filled for
the unexpired term in the same manner as the position of the trustee was previously
filled.
Section 2. CONFLICTS. This Ordinance hereby repeals all Ordinances in conflict herewith.
This Ordinance shall remain in full force and effect until supplemented, amended, repealed or otherwise
altered.
Section 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase of this
Ordinance, or the particular application thereof shall be held invalid by any court, administrative agency,
or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or
phrases under application shall not be affected thereby.
Section 4. CODIFICATION. Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Sebastian, Florida.
Section 5. PUBLICATION/NOTICE. This Ordinance shall be published as required by the
Code of the City of Sebastian and applicable provisions of Florida law.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective upon its adoption.
PASSED ON FIRST READING, this _ day of
PASSED AND ADOPTED ON SECOND READING, this _ day of
2025.
ATTEST:
Jeanette Williams, MMC
City Clerk
2
CITY OF SEBASTIAN
Bob McPartlan, Mayor
, 2025.
Approved as to form & legality:
Jennifer Cockcroft, Esq.
City Attorney
244
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Business Impact Estimate Exemption
This form should be included in agenda packet for the item under which the proposed ordinance is to be
considered, and must be posted on the City's website by the time notice of the proposed ordinance is
published.
Proposed Ordinance's title/reference: AN ORDINANCE OF THE CITY OF SEBASTIAN,
FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A RETIREMENT PLAN AND TRUST
FOR THE GENERAL EMPLOYEES OF THE CITY OF SEBASTIAN; AUTHORIZING THE
PARTICIPATION OF THE PLAN IN THE FLORIDA MUNICIPAL PENSION TRUST FUND AS A
PARTY THERETO; PROVIDING FOR CODIFICATION; PROVIDING FOR PUBLICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with Florida Statute §166.041(4). If one
or more boxes are checked below, this means the City of Sebastian is of the view that a business
impact estimate is not required by state law, for the proposed ordinance, but the City of
Sebastian is, nevertheless providing this Business Impact Estimate as a courtesy and to avoid
any procedural issues that could impact the enactment of the proposed ordinance. This
Business Impact Estimate may be revised following its initial posting.
10 The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including,
but not limited to, any Federal, State, local, or private grant, or other financial assistance
accepted by the municipal government.
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. A development order or development permit, as defined in s. 163.3164, F.S.; a
development agreement as authorized by ss. 163•3220-163.3243, F.S.; or a
comprehensive plan amendment or land development regulation amendment
initiated by an application by a private party other than the municipality;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
'See Section 166.041(4)(c), Florida Statutes.
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d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that, an
exemption noted above may apply, City of Sebastian hereby publishes the following
information:
i. Summary of the proposed ordinance (must include statement of the public purpose, such as
serving the public health, safety, morals, and welfare):
To establish a Retirement Plan for General Employees
2. An estimate of the direct economic impact of the proposed ordinance on private, for -profit
businesses in the City, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance, or for which businesses will be
financially responsible; and
(c) An estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
N/A
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
N/A
4. Additional information the governing body deems useful (if any):
The proposed ordinance is a generally applicable ordinance that applies to all persons similarly
situated (individuals as well as businesses) and, therefore, the proposed ordinance does not
affect only businesses.
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CITY OF SEBASTIAN
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CITY COUNCIL STAFF REPORT
DATE August 27, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Greg Gardner, Director of Golf
Consideration of proposed FY 25-26 Sebastian
SUBJECT Municipal Golf Course Rate Adjustments
EXECUTIVE SUMMARY
During the Sebastian City Council's Budget workshops held earlier this year, there was notable
discussion surrounding the current rate structure at the City of Sebastian Municipal Golf Course. While
Resolution No. R-15-07 gives the City Manager and the Golf Course Director the authority to set rates
and fees at the City of Sebastian Municipal Golf Course at their discretion, the volume and nature of
Council's input prompted Staff to bring forward proposed changes for Council review and feedback.
This step is being taken in the interest of transparency and to ensure alignment with Council's
expectations prior to implementing any adjustments.
RECOMMENDATION
Staff requests input from Council on the proposed rate adjustments.
ATTACHMENTS:
1. FY 25-26 Sebastian Municipal Rate Changes
2. Resolution No. R-15-07
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
N/A N/A N/A
Additional Funds Needed: $ o.00
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FY 2025-26 Sebastian Municipal Golf Course Rates.
All rates are subject to a 7% sales tax. Renewal of existing memberships, discount cards, locker
rentals and USGA Golf Handicaps are due at the beginning of each Fiscal Year,
which is October 1st.
Annual Single Membership
Annual Family Membership
18 hole Member Cart Fee
9 hole Member Cart Fee
18 hole Member walk
9 hole Member walk
AM Times
Section 1
Annual Memberships
Fiscal 2024-25
$1,050
$1,750
$18
$12
$0-7
$0-5
Section 2
Proposed Fiscal 2025-26
$1,050
$1,750
$18
$12
$0-$7
$0-$5
Fall & Spring Non -Members Rates
October 1 through December 20 & April 16 through Mav 31
Fiscal 2024-25
Ride 18 holes $44
Ride 18 holes w/ Disct. Card $38
PM Times
Ride 18 holes $38
Ride 18 holes w/ Disct. Card $32
Ride 9 holes $27
Ride holes w/ Disct. Card $23
Walk 18 holes $27
Walk 18 holes w/ Disct. Card $22
Walk 9 holes $17
Walk 9 holes w/ Disct. Card $13
Proposed Fiscal 2025-26
$48
$40
$42
$34
$29
$25
$30
$24
$20
$15
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Non -Member Winter Rates
December 21 through April 15
Fiscal 2024-25 Proposed Fiscal 2025-26
AM Times
Ride 18 holes $58 $63
Ride 18 holes w/ Disct. Card $47 $50
PM Times
Ride 18 holes $52 $55
Ride 18 holes w/ Disct. Card $41 $45
Ride 9 holes
$32
$34
Ride 9 holes w/ Disct. Card
$27
$28
Walk 18 holes
$34
$36
Walk 18 holes w/ Disct. Card $28
$30
Walk 9 holes
$19
$21
Walk 9 holes w/ Disct. Card
$16
$17
Non -Member Summer Rates
June 1 through September 31
AM Times Fiscal 2024-25 Proposed Fiscal 2025-26
Ride 18 holes $34 $38
Ride 18 holes w/ Disct. Card $27 $30
PM Times
Ride 18 holes $26 $26
Ride 18 holes w/ Disct. Card $22 $22
Ride 9 holes
$22
$24
Ride 9 holes w/ Disct. Card
$19
$21
Walk 18 holes
$18
$18
Walk 18 holes w/ Disct. Card $13
$13
Walk 9 holes
$13
$13
Walk 9 holes w/ Disct. Card
$11
$11
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Club Rental —18 holes
Club Rental — 9 holes
Club Storage
Discount Card
Golf Lesson
Junior Golf Lesson
Junior Walk Green Fee
Range Balls (per token)
Range Balls Junior
Rider Fee (non-playing)
USGA Handicap
Section 3
Other Annual Rates
Fiscal 2024-25
$35
$18
$90
$80
$50
$20
$3
$4
$2
$12
$30
Section 4
Adiustments
Proposed Fiscal 2025-26
$35
$18
$90
$80
$50
$20
$3
$5
$2
$12
$30
The dates and hours set forth may be adjusted at the discretion of the Director of Golf, due to
amount of play and area competitive conditions. The City Manager is authorized to establish the
rate due to overall financial position of the enterprise fund, amount of play and area competitive
conditions. The Director of Golf is authorized to advertise and promote the use of the Golf
Course within the promotions and advertising budget account, and with the approval of the City
Manager, offer special promotional rates and match special rates being promoted by competitors
within the area.
Section 5
Golf Course Capital Proiects Fund
Accounts will be established for a Golf Course Capital Projects Fund and 5% of the revenues
received from the rates in Section 1, 2 & 3 may be transferred to this fund. These transfers,
including investment earnings, shall be committed to the cost of major capital repairs or
improvements needed to provide a quality public facility.
Section 6
Membership Refund Policv
Membership refunds will only apply to medical disabilities and loss of life, prior to January 1 st,
full proration of membership fee and taxes (i.e., December 1st refund equals 10/12 of
membership fees and taxes.) After January 1 st, and prior to April 1 st, 50% refund of unused
balance (i.e., February refund shows four (4) months used, 50% of 8 months fees and taxes
refunded.) After April 1 st, no refunds.
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RESOLUTION NO. R-15-07
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REPEALING RESOLUTION R-12-04 PERTAINING TO RATES AND
FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 25, 2012, City Council adopted Resolution No. R-12-04 which
established rates and fees for the Sebastian Municipal Golf Course; and
WHEREAS, City Council concurred with a recommendation by the City Manager to give the
City Manager and Golf Course Manager discretion in setting rates and fees for the Sebastian
Municipal Golf Course; and
WHEREAS, City Council considered and adopted Ordinance No. 0-15-04 on March 25, 2015
following a public hearing thereon, repealing provisions which required that rates and fees for the
Sebastian Municipal Golf Course shall be adopted by City Council resolution following a public
hearing.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN,
the City of Sebastian as follows:
Section 1. REPEAL. Resolution No. R-12-04 is repealed in its entirety.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption.
The foregoing Resolution was moved for adoption by Council Member McPartlan . The
motion was seconded by Council Member Adams and, upon being put into a vote, the
vote was as follows:
Mayor Richard Gillmor
aye
Vice Mayor Jerome Adams
aye
Council Member Andrea Coy
aye
Council Member Jim Hill
absent
Council Member Bob McPartlan aye
The Mayor thereupon declared this Resolution duly passed and adopted this 25" day of
March, 2015.
C=Gillmor,
ORIDA
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v , Approved as to Form and Legality for
O Reliance by the City of Sebastian Only:
Sally A. Mai , MC
City Clerk
PobertGinsburg, City Attorney
251
CITY OF SEBASTIAN
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EXECUTIVE SUMMARY
CITY COUNCIL STAFF REPORT
DATE August 27, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Jeanette Williams, City Clerk
Consider Holding One Council Meeting in
SUBJECT November and Rescheduling the December Council
Meeting Dates
The second regularly scheduled City Council meeting in November falls on Wednesday,
November 26th, which is the day before Thanksgiving. In consideration of the holiday and
potential scheduling conflicts, staff respectfully recommends eliminating the November 26th
meeting.
To maintain continuity in City operations and minimize delays in Council actions, staff further
recommends adjusting the December meeting schedule. Specifically, the first Council meeting
in December would be moved up to Wednesday, December 3rd, with the second meeting held
on Wednesday, December 17th—avoiding a conflict with Christmas Eve (December 24th).
RECOMMENDATION
Staff requests City Council consider a motion to:
Eliminate the November 26th Council meeting; and
Reschedule the December Council meetings to December 3rd and
December 17th, in lieu of the regular December 10th and 24th meeting
dates.
ATTACHMENTS:
FUNDING SOURCE:
Expenditure required
N/A
Additional Funds Needed: $ 0.00
Amount Budgeted: Funding source
N/A N/A
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