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HomeMy WebLinkAbout03/29/2002 1225 Main Street [] Sebastian~ Florida 32958 Telephone (561} 589-5330 [] Fax (561~ 589-5570 City Council Information Letter Have a Happy Good Friday and Easter Sunday! March 29, 2002 Issues Relative to Florida, Power and Li.qht Infrastructure Expansion Pro.qram Earlier this year, I reported to you about Florida, Power and Light's (FPL) plans to implement an electrical infrastructure expansion program to accommodate various sections of Sebastian, namely the vicinity including Orange, Fleming and Vocelle Streets, and additional power for the Sebastian Municipal Airport Corporate Park at Roseland Road. Some of you may have received telephone calls from residents of Orange Street relative to concerns of electrical poles and line being positioned by FPL in the front of homes, which would tremendously alter the aesthetics of the residential environment in the area. As soon as both my office and City Engineer Dave Fisher were notified about this activity, we immediately made contact with FPL officials to request that this project be temporarily stalled, as other realistic options exist to expand infrastructure, namely locating lines in the rears of properties (a primary rationale for a presence of utility easements). FPL's present justification for implementing frontal service is the ease of response in the event of an electrical problem and/or emergency (i.e. it would be easier for FPL to make repairs in the front, rather than the back). As such, a meeting is being scheduled in an effort to clarify and "correct" this matter. At this point, I am confident that FPL will with work with residents and city administration to achieve customer satisfaction. Status Regarding Stormwater Passive Park Development Earlier this week, a meeting transpired here at City Hall with representatives from the St. John's River Water Management District relative to the status of constructing the Sebastian Stormwater Passive Park, I am pleased to report that a necessary permit from the Florida Department of City Council Information Letter March 29, 2002 Page 2 Environmental Protection was successfully procured to initiate construction. However, some modifications to the park layout plan are necessary due to a presence of numerous gopher tortoises throughout the 166-acre site. This arrangement will result in reconfiguration and repositioning of retention pond development. Appropriately, tortoises will be relocated prior to actual construction, currently anticipated to begin early this summer. The contractor selected to construct the park is Perry Construction, Inc. of Orlando. Immediately prior to engaging full construction, a public presentation will be facilitated during a near future regular City Council meeting, to convey final layout and scope of construction activities. Appraisal Selection Process for Sebastian Municipal Airport In an effort to offer clarification relative to the appraisal process to help initiate the Runway 9-27 reopening effort (per discussions during Wednesday evening's meeting), please be advised that a recommendation to authorize respective expenditures is anticipated to be delivered during your April 10th meeting. The scope of this exercise involves employing our aviation consultants, The LPA Group, Inc. to commission a subcontractor (an area appraisal firm in this case) to obtain a fair market cost analysis of facilities necessary for relocation, those currently positioned at each end of Runway 9-27. As briefly mentioned during the meeting, this particular selection process is necessary due to federal grant administration requirements, as funding for this task is now available per your authorization of the Joint Participation Grant Agreements with the Florida Department of Transportation Aviation Section. The subcontractor is anticipated to be Boyle and Drake, MAI of Veto Beach, as a result of their previous experiences with similar projects at other municipal airports. Once authorized, the exercise is anticipated to take approximately three to four weeks. After accepting appraisal reports, we will be positioned to begin a formal funding application to the Federal Aviation Administration for additional and necessary financial assistance to accomplish the overall goal. Clarification ReRardin.q Derelict Vessel Enforcement Some of you may have received telephone calls from boat owners who have, for quite sometime, been mooring boats in the Indian River Lagoon, who may have recently received notice from the Sebastian Police Department about abandoned/derelict vessel enforcement efforts. Once City Council Information Letter March 29, 2002 Page 3 again, the intent of this program is to combat the accumulation of these boats in particular, not to make life difficult for owners of fully functional vessels. However, an element of confusion exists with regards to designated mooring sites in the lagoon. Apparently, impressions exist that any designated mooring facility can accommodate boat storage without formal permission. Our understanding is that long term mooring in such areas is possible, once permits from the United States Army Corp of Engineers is issued to respective owners. As such, the City of Sebastian will work to accommodate and assist boaters who have been permitted accordingly. Otherwise, we will continue our enforcement efforts as previously outlined and reported. Disability Presumption for Law Enforcement Officials Early yesterday morning, a notice was delivered to my office from the Florida League of Cities informing the City of Sebastian that the State Legislature recently passed a bill that essentially provides long term disability and workers' compensation benefits to police officers who (for whatever reason) contract either heart disease, hypertension or tuberculosis. This bill, referenced as CS/CS/SB 108, is presently before the governor to be executed as law in the coming days. The Florida League of Cities is currently lobbying to have this measure vetoed, primarily due to the fact that such an unfunded mandate will place a tremendous financial burden on cities and counties. The immediate impact to the City of Sebastian (and likely all Florida cities and counties) in this regard involves significantly more expensive workers' compensation and health insurance premiums. What is truly amazing about this legislation is the presumption/assumption that police officers who happen to be diagnosed with one of the aforementioned illnesses has contracted disease(s) through employment. As empirical medical research has demonstrated for decades, such ailments are more directly linked to lifestyle choices and genetics (e.g. Iow nutrient diets, high cholesterol levels, and other physical conditions REGARDLESS OF OCCUPATION). On a personal note, despite maintaining long term good health practices, one of my greatest fears is that I will someday experience a heart attack, due to my overall serious and uptight disposition, and the stress the city management profession can at times offer. If this becomes the case anytime soon (God forbid), I am not anticipating tremendous financial contributions from the State of Florida as a result. As such, in an effort to assist the Florida League of Cities efforts, I became compelled to compile the attached letter, delivered to the Office of the Governor late City Council Information Letter March 29, 2002 Page 4 yesterday afternoon urging a veto of this mandate. Hopefully, you will be able to appreciate the position in this regard, primarily to embrace the notion of preventing senseless unfunded mandates that would adversely impact finances and services of the City of Sebastian. Enclosure(s): Letter to Governor Jeb Bush - CS/CS/Sb 108 My Docum ents/InfoLetter127 Cl~ O~ HOMI: OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 · FAX (561) 589-5570 Transmitted Via Facsimile, (850) 487-0801 March 28, 2002 The Honorable Jeb Bush, Governor State of Florida The Capitol, Plaza Level 01 Tallahassee, Florida 32399 Re: Enrolled CS/CS/SB 108 Dear Honorable Bush: The purpose of this letter is to formally request that you veto Enrolled CS/CS/SB 108. This bill grants a statutory presumption to municipal and county law enforcement officers who are diagnosed with heart disease, hypertension or tuberculosis. It is therefore "presumed" that these diseases are contracted as a result of their employment. This logic therefore dictates that they are then eligible for retirement and workers' compensation benefits at significant costs to municipalities and counties, and because state correctional officers are added to this presumption, the State of Florida is impacted as well. We honestly believe that in order to not abuse tax dollars, persons should prove that they deserve a government benefit before actually receiving respective assistance. The provisions of the bill do not provide for such and in fact require employere to prove that contraction of these diseases and/or conditions were the result of off duty circumstances. As I am sure that you are aware, this is an extremely difficult presumption to overcome. Lifestyles and other factors, including genetics and heredity, primarily influence incubation of these illnesses. As such, there is never a time to force cities and other governmental entities to finance such expenses. Principles outlined in CS/CS/SB 108 constitute an unfunded mandate and will therefore put local governments in the position of cutting services and/or raising taxes to fund these benefits. In addition, this bill will interfere with the constitutionally mandated public employee collective bargaining process, without state funding, that every city and county pay disability retirement benefits and workers' compensation costs to every law enforcement officer with heart disease, hypertension, and tuberculosis without regard to whether this disease was contracted via employment conditions. Expanding this consent to local governments also preempts the authority of municipalities and counties to collectively bargain these benefits based upon financial resources available to entities to do so. Firefighters have enjoyed a similar fringe benefit (per State of Florida mandate) for decades, and interestingly, not one single employer has ever successfully proven that hypertension and/or heart disease was not job related. Flodda firefighters, who have Equal Opportunity Employer" Celebradng Our 75th Anniversary Enrolled CS/CS/SB 108 March 28, 2002 Page 2 hearts attacks, whether responding to a fire or jet skiing on vacation, are therefore presumed to have the condition due to their employment. Under this bill, these same presumptions will now be applied to all 40,000+ city and county law enforcement officers in Florida, when in actuality, there is no connection between heart disease and a specific profession and/or occupation. The City of Sebastian is not at all advocating denial of law enforcement retirement or workers' compensation benefits. It is the responsibility of local government to provide competitive benefits and to afford quality care to injured workers so that they can resume duties as soon as possible. We are advocating that entitlement to these benefits be appropriately revealed by competent evidence. This bill does not allow that and does not fairly balance the interests of state and local governments with persons who would have legitimate claims for retirement and workers' compensation benefits. However, if a statutory disability presumption is to be considered at all, it should be limited to employees who comply with health and physical fitness standards set by the employers. In addition, the benefits should not apply to workers' compensation unless the facts in the case support the claim. The State of Florida's workers' compensation system has one of the highest premium rates in America, with numerous municipalities and counties being self-insured. If Enrolled CS/CS/SB 108 becomes law, the expansion of the "heart and lung" disability presumption to municipal and county law enforcement officers will cost taxpayers a significant amount in workers' compensation expenses. Based on the unsound public policy of expanding the disability presumption to include municipal and county law enforcement officers, the anticipated fiscal impact on Florida's municipalities and counties, and the evident violation of the single subject matter clause of the Florida Constitution, the City of Sebastian respectfully requests that you veto Enrolled CS/CS/SB 108. Since~j~ly, .... ---., City Manager TRM/ Cc: Honorable Mayor and City Council (via March 29, 2002 Information Letter) Jim Sexton, Director of Human Resources Mark Mason, Director of Finance My DocuemntsNetorequest-108