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09242003
HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 24, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-03-14) 2. 3. 4. 5, 03.005 03.005 03.173 03.192 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION- Rev. Bob Shields, Alliance Community Church ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wrftten agenda may be added only upon a unanimous vote of City Council members (R-03-14) PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS b. C. D. Certificate to Meredith Fox for Construction Board Service Certificate to Scott Taylor for Construction Board Service Certificate to William Creamer for Tree & Landscape Advisory Board Service Presentation by Ms. Beverly Grant, Event Objectives of Treasure Coast Crafters 1-10 11-14 03.199 15-18 03.200 1~68 03.193 03.192 73-76 03.194 77-8o 03.195 81-84 03.136 85-94 03.196 95-11o CONSENT AGENDA All items on the consent agenda are considered routine and will be enacied by one motion. There will be no separate discussion of consent agenda items unless a member of Cily Council so roquests; k7 which event, the item will be removed and acted upon separately. A. Approval of Regular Meeting Minutes - 9/10/03 B. Approval of Special Meeting Minutes - 9/11/03 Renewal - Employee Health, Dental, Vision, Life & Long-Term Disability Insurance and Workers' Compensation and Property/Liability Insurance (HR Transmittal 9/17/03, Letters) Resolution No. R-03-43 Collective Bargaining Agreement Between the City of Sebastian and the Communication Workers of America, Local 3180 (HR Transmittal 9/17/03, R-03-43, Summary, Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COMMUNICATIONS WORKERS OF AMERICA (CWA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2003 THROUGHT SEPTEMBER 30, 2006; PROVIDING FOR CONFLICTS; AND PROVIDING FOR EFFECTIVE DATE. Approve Craft Club of Sebastian Shows at Riverview Park from 10:00 am to 4:00 pm on 10/4/03, 11/1/03, 12/'6 & 7/03, 1/3/04, 2/7/04, 3/6/04, 4/3104, 5/1/04 also Approve Rain Dates 10/5103, 11/2/03, 1/4/04, 2/8/04, 3/7/04, 414104, 5/2/04 (Public Works Transmittal 9/16/03, Application, Rules) Approve Treasure Coast Crafters Club Show at Riverview Park from 9:00 am to 4 pm on 12/20 & 21/03 (Public Works Transmittal 9/16103, Application, Letter) Approve Change Order #1 to BK Maintenance for Mowing Back the Right-of-Ways and Appropriate Funds for Same (Public Works Transmittal 9/3/03, Cost Estimate, Change Order #1) Approve Purchase of 2004 Chevrolet Trailblazer and Related Equipment from Alan Jay Pontiac, Buick, GMC, Inc. Under Flodda Shedff"s Association Contract for $35,057 (Airport Transmittal 9/18/03, Photo) Authorize the City Manager to Execute the Surplus, Removal and Temporary Lease Agreement Between Florida inland Navigation District and City of Sebastian Declaring the Train Station as Surplus to City and Setting Forth Term and Conditions for Removal and Relocation onto City Property (City Manager Transmittal 9/12/03, Agreement) Resolution No. R-03-44 Vacation of Easement - Lot 10, Block 457, Sebastian Highlands Unit 17 (GMD Transmittal 9/17/03, R-03-44, Site Map, Staff Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 10, BLOCK 457, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR AN EFFECTIVE DATE. 2 03.197 111-136 03.039 137-148 03.093 149-152 03.093 153-160 10. 11. 03.160 '161-164 03.198 165-166 12, COMMITTEE REPORTS/RECOMMENDATIONS A. Police Retirement Pension Board Interview, Unless Waived, and Appoint Two Civilian Positions (City Clerk Transmittal 9/16/03, F.S. 185.05, Applications, Board Member List, Ad) B. Code Enforcement Board Interview, Unless Waived, and Appoint Regular, Subcontractor Position (City Clerk Transmittal 9/15/03, Applications, Board Member List, Ad) PUBLIC HEARING Resolution No. R-03-27 - Millage Rate for Calendar Year 2003 - Final Adoption (Finance Transmittal 9/15/03, R-03-27, DR420) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 4.5904 MILLS FOR THE CALENDAR YEAR 2003 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-03-28 - Fiscal Year 2003/2004 Budget - Final Adoption - (Finance Transmittal 9/15/03, R-03-27, Schedule A) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, CAPITAL iMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A~ A'I-i'ACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANASGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has OCCUlTed or was discovered within the previous six months which is not othe~vise on the agenda - sign-up required - limit of ten minutes for each speaker OLD BUSINESS Presentation by REG Architects, Inc., Suffolk Construction, Inc. & Capp Custom Buildem, Inc. Regarding New Municipal Complex Approve Suffolk Construction's Proposed Guaranteed Maximum Price Submittal for the New City Hall & Police Department Expansion/Renovation & Amendment (GSA Transmittal 9/18/03, Amendment) Drag Racing Proposal for Sebastian Municipal Airport (Airport Transmittal 9/16/03) NEW BUSINESS 3 13. CITY ATTORNEY MA'I-rERS 14. CITY MANAGER MATTERS 03.191 A. Acknowledgements and Compliments from Residents (no backup) 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. McCollum B. Mayor Barnes C. Mr. Hill D. Mr. Coniglio E. Mr. Barczyk 17. ADJ~RN (A~ mea~ngs sha~ adj~urn at1~:3~ p~m~ un~ess e~tended f~r up t~ ~ne ha~ h~ur by a maj~y v~te ~f City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA'I-rER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones ars Available in the Council Chambers for all Government Meetings. Upcoming Meetings: October 8, 2003- 7:~0 p.m. - Regular Council October 22, 2003 - 7:00 p.m. - Regular Council November t2, 2003- 7:00 p.m. - Regular Council November 26, 2003- 7:00 p.m. - Regular Council December 10, 2003 - 7:00 p. m. - Regular Council 4 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 10, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the Regular City Council Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. The invocation was given by Rev. Ron Thomas, Sebastian United Methodist Church. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Cterk, Jeanette Williams Airport Director, Jason Milewski City Engineer, David Fisher Acting Finance Director, Debra Krueger Growth Management Director, Tracy Hass Police Lieutenant, Rober~ Lockhart Public Works Director, Terry Hill Regular City Council Meeting September 10, 2003 Page Two 03.188 03.061 t-6 7-18 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) Mayor Barnes requested addition of an item 6C - a Patriot Day proclamation, and the voice vote to add the item passed 5-0. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. Introduction of New Finance Director, Shai Francis The City Manager introduced the new Director of Finance, Shai Francis and reported she will begin on September 24, 2003. Ms. Francis addressed Council and said she looks forward to working for the City of Sebastian. Presentat on by George Nickerson, Nabors, Giblin & Nickerson, P.A. Relative to Fundinq Sea Wall Repairs (no backup) George Nickerson, P.A. advised Council on the use of special assessments and described the two requirements that must be met for use of special assessments. The requirements to be met are 1) a special benefit to property and 2) fair and reasonable apportionment of the cost. He said that all or a portion of the cost could be done through the assessment process. (see Nabors, Giblin & Nickerson, P.A. handout attached to these minutes) The City Manager stated it is staff's intent to proceed with financing options to repair affected seawalls on Collier Waterway north of CR 512. The City Attorney advised that the City utilize the ad valorem method rather than a lien method, and that the City use the services of Nabors, Gib[in and Nickerson, P.A. C. Presidents' Patriot Day Proclamation Mayor Barnes read the President's proclamation designating September 11,2003 as Patriot Day. He then announced that there would be a ceremony at 8:30 a.m. tomorrow in front of City Hall. 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. Approval of Budget Workshop Minutes - 8/20/03 Approval of Regular Meeting Minutes - 8/27/03 2 Regular City Council Meeting September 10, 2003 Page Three 03.189 C. 19-22 03.098 Dm 23-28 03.190 E. 29-34 Resolution No. R-03-41 Adoption of Cemetery As-Built Survey as Official Map of Cemetery (R-03-41) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE CEMETERY AS-BUILT SURVEY AS PREPARED BY KIMLEY-HORN AND ASSOCIATES, INC. AS THE OFFICIAL MAP FOR THE SEBASTIAN MUNICIPAL CEMETERY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-03-42 - Extending the Expiration of the Temporary Parks and Recreation Advisory Committee (City Clerk Transmittal 9/2/03, R-03-42, R-01-65) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY1 FLORIDA, EXTENDING THE With TERM OF THE PARKS AND RECREATION ADVISORY COMMITTEE FOR ADOPTION OF AN ORDINANCE ESTABLISHING THE COMMITTEE AS PERMANENT COMMITTEE OF THE CITY; PROVIDING FOR REPEAL OR RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Authorize the City Manager to Execute An Amendment to Videotaping Agreement Between Barbour Multimedia Productions and the City of Sebastian for Council Videotaping Services (City Clerk Transmittal 9/2/03, Amendment, Agreement, Exhibit A) The City Attorney read Resolution titles R-03-41 and R-03-42. Mr. Hill removed item A. MOTION by McCollum/Coniglio "Mayor I'd like to approve items B-E, make a motion to approve items B-E." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 Item A Mr. Hill requested that the August 20, 2003 minutes reflect that he was excused and Council concurred. )3 Regular City Council Meeting September 10, 2003 Page Four MOTION by Hill/Coniglio '¥Vith that I move approval of consent agenda item A." Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 COMMII-I'EE REPORTS/RECOMMENDATIONS 03.005 Construction Board i. interview Unless Waived, and Appoint Four Vacant Reqular Member Positions (City Clerk Transmittal 9/2/03, applications1 board member list, ad) None of the applicants were in attendance. Mr. Hill nominated Mr. Garland for the #1 position (regular member, plumbing contractor to expire 9/30/2006) and due to no other nominations he was appointed. Mr. Bamzyk nominated Mr. Wolf for the #2 position (regular member, engineer or architect to expire 9/30/2006) and due to no other nominations he was appointed. Mr. Hill nominated Mr. Gilligan for the #3 position (regular member, contractor to expire 9/30/2006) and due to no other nominations he was appointed. Mr. Coniglio nominated Mr. Craw for the #4 position (regular member, contractor to expire 9/30/2006) and due to no other nominations he was appointed. Mr. Coniglio nominated Mr. Conover for the alternate position to expire 9/30/2004 vacated by Mr. Gilligan and due to no other nominations he was appointed. 03.173 Tree and Landscape Advisory Board i. Interview Unless Waived, and Appoint Vacant Alternate Member (City Clerk Transmittal 9/2/03, letter, applications, board member list, ad/ Mr. Hill nominated Mary Bennett and due to no other nominations, she was appointed to the alternate member position to expire 11/2005. 4 Regular City Council Meeting September 10, 2003 Page Five 9. PUBLIC HEARING 03.174 A. 65-68 Second Readinq and Public Hearinq Ordinance No. O-03-03 - Pertaininq to the Display of Building Numbers (Code Enforcement Transmittal 9/2/03, 0-03-03, ad) AN ORDINANCEOF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE DISPLAY OF BUILDING NUMBERS; AMENDING ARTICLE VII OF THE LAND DEVELOPMENT CODE, SECTION 54-2-7.20 AND RENUMBERING AS CODE SECTION 26-6; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERBNITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title and the Mayor opened the public hearing at 7:36 p.m. Fred Clemente, Easy Street, suggested specific size requirements. Mayor Barnes closed the hearing at 7:40 p.m. MOTION by Hill/Coniglio "Move to adopt Ordinance No. O-03-03." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker Sal Neglia, thanked everyone for a successful clambake. Mickey Groeppler, submitted a petition bearing 123 signatures regarding denying the change to present setbacks from 10 feet to five feet, and asked that Council consider maintaining the small town atmosphere of Sebastian. Dennis O'Hara, commended everyone on the clambake festival. 11. 03.186 OLD BUSINESS A. Presentation by Growth Manaqement Director, Tracy Hass - Community Planninq Issues and Impact Re.qardinq Side-Setback Requirements in Planned Unit Residential Developments (no backup) The Growth Management Director briefly addressed City Council on current concerns expressed relative to side yard setbacks in PUDs, noting there are no plans to decrease setbacks in the RS-10 district, and sought direction from Council. Regular City Council Meeting 5 September 10, 2003 Page Six Each City Councilmember expressed opinions pm and con on the issue citing the 50% density requirement for PUDs and the ability to use setbacks and lot size as bargaining tools. Mr. McCo]lum recommended that Planning and Zoning be requested to submit a recommendation to Council on three issues, i.e. density, side setbacks and minimum lot size. He further cited public safety issues. Mayor Barnes asked the Growth Management Director if it would be easier for staff if fixed guidelines were established, but expressed his concern for precluding the ability to negotiate and his wish to retain that flexibility. TAPE I - SIDE It (8:04 p.m.) The Growth Management Director further noted that there is more green space in a PUD and utilities are typically underground, that if a developer decided not to proceed with annexation, County Planning Department would allow more buildings per acre. The following members of the public addressed Council: · Rich Taracka, Sebastian, cited his police experience and cases of spreading fires. · Sal Neglia, Sebastian, expressed concern for school overcrowding. · Adrina Davis, Sebastian, recommended that Council establish codes that will keep developers in line. · Mickey Groeppler discussed environmental issues in clearing all these lots. · Dorothy Young, asked why the setbacks are not on the books. · Lonnie Powell, Sebastian, said in the past trees were removed after the certificate of occupancy was obtained. · Bruce Moya, Mosby and Associates, said the PUD was developed as an answer to problems that cities encountered in areas like the Sebastian Highlands such as drainage and road maintenance, and is a valuable tool. The City Attorney described the PUD theory as the ability to shrink lot size, require more open space to preserve forests and trees, and comes down to how the negotiation is executed and negotiated. Mr. McCollum made a motion that Council send a request to Planning and Zoning for their opinion on what the minimum side setbacks should be both within PUDs in the city and those proposed for annexation and have them report back to City Council. Mayor Barnes asked why not include in the motion that no lot be smaller than 50 feet, and he said he would include it. Mayor Barnes then asked the City Attorney if Council could give a memo to Growth Management expressing their desire for no less than 10 foot set-back, no lots under 50 feet and a minimum 3 units per acre cap to give to developers, this way future councils would not be stymied by an ordinance. The City Attorney said a professionally trained staff has a feel for what Council wants and conveys it to developers, and the Growth Management Director said there are currently cases in which proposals have been sent back to engineers with a request to revise based on Council's wishes. Regular City Council Meeting September 10, 2003 Page Seven Mr. McCollum restated his motion to send the question of side setbacks to P & Z including the fifty foot lots, however, it died for lack of a second. The Mayor reiterated to the Growth Management Director that for PUDs Council wants 10 foot setbacks, and no more than 50 foot lots. 12. NEW BUSINESS 03.179 Approve Holland Builders of South Florida, Inc. Rankinq for Desiqn and Construction of AirportJPublic Works/Enclineerin.q Administration Facility & Police Evidence Compound (Airport Transmittal 9/3/03) The Airport Director addressed City Council on the Airport Administration Building design and construction and requested concurrence with staff ranking recommendation. MOTION by McCollum/Coniglio "Move to approve ranking of firms and authorize staff to negotiate a contract with Holland Builders of South Florida, Inc. for the design and construction of the Airport/Public Works/Engineering Administration Facility, the Police Evidence Compound, and the related infrastructure improvements, whereas such contract will be brought back before Council for final approval and authorization to award." Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 5-0 13. CITY ATTORNEY MAI-I'ERS The City Attorney thanked Council for its indulgence while he worked on the clambake, thanked Jerry Converse and his crew, and Council for their assistance. 14. CITY MANAGER MATrERS 03.191 A. Acknowledqements and Compliments from Residents (no backup) The City Manager said he receives thank you letters from residents relative to employees' performance and said he would like to take time at meetings to acknowledge the appreciation expressed. He read letters in support of Ken Jones, Phil Patnode, and the Junior Golf program. Other Matters Reported that the Flagler Development Corporation had accepted a higher offer for the property the City was looking at for the train depot, therefore the location search would need to continue. Regular City Council Meeting 7 September 10, 2003 Page Eight He also reported that the negative press regarding the termination of Orange Peel Enterprises contract lease was inaccurate because the City did not receive the necessary site plan to mitigate the wetlands to proceed with the contract. He pointed out that the City does work diligently with businesses. 15. CITY CLERK MA'ri'ERS Reported that as of yesterday, the March 9, 2004 election packet and all supporting documents can be downloaded from the City's website along with all necessary documents to assist in the process. 16. CITY COUNCIL MATTERS A. Mayor Barnes Congratulated everyone involved in the Clambake Festival. Requested the City advertise the availability of installation instruction and car seats for children. Noted the work done on establishing the two historical districts. Reported that the Ladies room in Riverview Park needs work as reported by festival attendee. Expressed concern about the condition of some rental houses in Sebastian, and suggested that obtaining a certificate of occupancy each time a house changes occupancy be considered and would request placement on a future agenda. B. Mr. Hill None. C. Mr. ConJ,qlJo Commended everyone involved in the Clambake Festival. Reported that the Roseland Neighborhood Plan was adopted by the County Commission, that references to Sebastian were deleted, and that the City Clerk has a copy for anyone who would like one. Noted an access solution was found for the Kirrie property. Reported on a threatening phone call which advised that he could forget about re-election if he voted a certain way on a future issue, and stated he receives input and votes they way he feels is best for the City. 8 Regular City Council Meeting September 10, 2003 Page Nine 17. D. Mr. Barczyk Said Florida Today had a nice article on the Roseland Plan. Expressed concern for lots being cleared and then building permits are posted. Inquired if a builder is required to cut the grass and take out the trash while under construction. He referenced a home under construction since January in which the City Manager stated the builder has 12 month permit for construction, which can be extended. Mr. Barczyk also stated over a year ago channels were dug in a certain area which need to be re-done and he has given the City Manager's name to those requesting assistance. The City Manager stated unit by unit will be done and the residents are welcome to call to see when they are scheduled. D. Mr. McCollum Congratulated everyone involved in the Clambake Festival. The City Manager said he was compiling a recommendation about the requested drag strip in his Friday newsletter. Mr. McCollum pointed out this was a presentation and Council has not taken any action on this request. Said he may not have his meeting next Tuesday due to the storm in progress. He advised us to watch this storm very closely. Being no further business, the Regular City Council Meeting was adjourned at 9:25 p.m. Approved at the Regular City Council Meeting. Walter W. Barnes, Mayor A'Fi'EST: Sally A. Maio, CMC, City Clerk 9 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING THURSDAY, SEPTEMBER 11, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maib Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski City Engineer, David Fisher Acting Finance Director, Debra Krueger Police Chief, James Davis Public Works Director, Terry Hill Golf Course Director, Greg Gardner Human Resources Director, Jim Sexton Sp~i.~t City Council Meeting. September 11 o 2003 Page Two DRAFT 5. 1~ PUBLIC HEARING ON PROPOSED MILLAGE AND TENTATIVE FY 200312004 BUDGET 03.093A 03.093B RESOLUTION NO. R-03-27- Millage Rate for CatendarYear 2003 - Tentative Adoption - Final Public Hearing and Final Adoption Scheduled for 9/24103 (Finance Transmittal, R-03-27) A RESOLU'YION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 4.5904 MILLS FOR THE CALENDAR YEAR 2003 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public headng at 7:03 p.m. and there was no one from the public requesting to speak. MOTION by ConigliolHill "Move to tentatively adopt Resolution R-03-07 establishing the millage rate of 4.5904 mills for calendar year 2003 and authorize advertisement for same." Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carded 5-0 RESOLUTION NO. R-03-28 - Fiscal Year 2003/2004 Budget - Tentative Adoption - Final Public HeadnR and Final Adoption Scheduled for 9/24103 (Finance Transmittal, R- 03-27) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY tN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANASGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public headng. Mary Ann Krueger objected to developing the proposed Southside Sports C~r~pl~. The City Manager said there are no firm recommendations at this time and recommended citizens work with the Parks and Recreation Committee. Mr. Hill recommended for the record that no money be spent on the proposed recreation area until the City can meet with the County Commission to ascertain their timeline for recreational facilities in the north county area. He further recommended that the Mayor write a letter to the County Commission in this regard. 2 Special City Council Meeting September 11, 2003 Page Three Richard Baker said he would like to participate with the Parks and Recreation Committee on this issue. The Mayor closed the public hearing at 7:20 p.m. MOTION by HilllConiglio "1 move to tentatively approve the proposed budget for fiscal year 2003/2004 and authorize advertise for same." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 4. Being no further business, Mayor Barnes adjourned the Special Meeting at 7:24 p.m. Approved at the September 24, 2003 Regular City Council Meeting. Walter W. Barnes, Mayor A~I'EST: Sally A. Maio, CMC, City Clerk 3 ISLAND AGENDA TRANSMITTAL Subject: Renewal- Employee Health, Dental, Vision, Life, & Long-Term Disability Insurance and Worker's Compensation and Property/Liability Insurance. .~ren~ore, City Manager Agenda No. C3, Department Origin:/~/ Human Resources · General Sermces ~ Date Submitted: September 17, 2003 For Agenda of: September 24, 2003 Exhibits: Renewal Letters (Florida League of Cities & MetLife) REQUIRED:EXPENDITURE AMOUNT BUDGETED: REQUIRED: APPROPRIATION SUMMARY The Cit3,'s Group Health & Dental Insurance was bid via a "Request For Proposal." The Florida League of Cities, Inc. (FLC) was the only cartier to submit aproposal for Group Health Insurance. In fact, the only way FLC will ag-ee to renew the insurance coverage (no plan changes) is if we a~ee to a two- year contracL Staff recommends renewing the contract. MetLife was the successful bidder once again for our Dental Insurance. Staffrecommends renewing the contracL We did not seek bids for Long-term disability and Life Insurance because the current rates were Ioeked in for one more year. We currently are covered through Canada Life, but will go out for Request for Proposal next year. Staff recommends renewing the contract. We did not seek bids for Workers' Compensation and Property/Liability Ln~surance. Because we use FLC to cover our Group Health Insurance, the City receives a substantial discount for using FLC to cover Workers' Compensation and Property/Liability Insurance. Staff recommends renewing the contracts. Should you have any questions regarding the information provided please do not hesitate to call Jim Sexton, Director of Hnman Resources, at 388-8202 RECOMMENDED ACTION Move to authorize the City Manager to sign the renewal letters to continue Group Health, Workers' Compensation, and Property/Liability Insurance .(Florida League of Cities, Inc.); Dental through MetLife; Vision through Vision Care Plan; and Life Insurance & Long-Term Disability through Canada Life. FLORIDA LEAGUE OF CITIES, INC. PUBLIC ]~ISK SERVICES 0 Administration/ Marketing Risk Control Underwriting Properly & Casualty Health Post Office Box 530065 125 East Colonial Drive Orlando, FL 32853-0065 800-445-6248 407-425-9142 Suncom 344-0725 Fax 407-425-9378 Health Claims Post Office Box 538140 Orlando, FL 32853-8140 800-756-3042 407-245-0725 Suncom344-0725 Fax 407-425-9378 Workers' Compensation Claims Post Office Box 538135 Orlando, FL 32853-8135 800-756-3042 407-245-0725 Suncom 344-0725 Fax 407-425-9378 Property & Liability Claims Post Office Box 538135 Orlando, FL 32853-8135 800-756-3042 407-245-0725 Suncom 344-0725 Fax 407-425-9378 August7,2003 City of Sebastian Paul Wagner, General Services Administrator 1225 Main Street Sebastian, FL 32958 Re: FY 2003-2004 Medical Plan Rate Adjustment Dear Mr. Wagner: In anticipation of' the Florida Municipal Insurance Trust's (FMIT) October renewals, we recently reviewed the City of Sebastian's medical plan experience to determine the appropriateness of any rate adjustments to be made for the upcoming year. In initially quoting on your coverage last year the information provided to the Florida Municipal Insurance Trust indicated that paid medical and prescription drug claims for the period May, 2001 through April, 2002 totaled $404,231. This was consistent with the two prior plan years and was therefore used for premium rate development purposes. Unfortunately, from October 1, 2002 when you joined the Florida Municipal Insurance Trust through May 30, 2003, your plan has experienced $618,645 in paid claims. Assuming no inflation in claims cost for the remainder of the plan year, your projected paid claims and incurred claims compared to premiums for the plan year would be as follows: Loss Ratio Projected Plan Year Premiums $713,500 (October 1,2002 - September 30, 2003) Projected Paid Claims (excluding run-in claims) $927,968 130.1% Projected Incurred Claims (including estimated run-in claims) $1,237,291 173.4% Our underwriting review therefore currently indicates the need for a 91.21% rate increase over 2002-2003 Plan Year premium rates based upon the above claims experience. During the above period however, your plan experienced one very large claim ($262,201). If we adjust for the effect of that claim on your overall experience, your projected claims for the twelve-month period ending September 30, 2003 would equal $912,888. Your 2003-2004 Plan Year calculated premium rate increase would therefore be reduced to 55.9%. Florida Municipal Insurance Trust FLORIDA.LEAGUE OF CITIES INC. PUBLIC RISK SERVICES Administration/ Marketing Risk Control Underwriting Property & Casualty Health Post Office Box 530065 125 East Colonial Drive Orlando, FL 32853-0065 800-445-6248 407-425-9142 Suncom 344-0725 Fax 407-425-9378 Health Claims Post Office Box 538140 Orlando, FL 32853-8140 800-756-3042 407-245-0725 Suncom 344-0725 Fax 407-425-9378 Workers' Compensation Claims Post Office Box 538135 Odando, FL32853-8135 800-756-3042 407-245-0725 Suncom344-0725 Fax 407-425-9378 Properly & LiabiliW Claims Post Office Box 538135 Orlando, FL 32853-8135 800-756-3042 407-245-0725 Suncom 344-0725 Fax 407-425-9378 As a renewal offer for a guaranteed contract period beginning October 1, 2003 and ending September 30, 2005, the Florida Municipal Insurance Trust will, however, cap your increase at 45.0%. It should be understood, however, that the FMIT will reserve the right to increase your premium rates for the subsequent renewal (October 1,2004 - September 30, 2005) by a maximum of 45.0% should your experience through the next rating period continue to substantiate such a premium adjustment. In addition we have included pr!cing for alternate plans in order for the City to consider lower benefit options. We would be pleased to arrange a telephone conference with our plan underwriters, should you have any questions or require any additional information. We appreciate your confidence in the FMIT and look forward to continuing to serve the employees of the City of Sebastian in the future. Sincerely, Michael P. Madden Director, Public Risk Services MPM4r Enclosure Florida Municipal Insurance Trust July 24, 2003 BENEFITS ADMINISTRATOR CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 etLife 4100 Boy$cout Blvd. Tarn~a, Floflcla 336D7 Re: Customer # 5561981 Dear Benefits Administrator: We have completed our annual renewal evaluation of your group coverage with MetLife. Our analysis takes into consideration a variety of elements that include overall industry trends in claims incidence, shifts in employee composition of your group and the actual experience under your plan. With specific regard to your dental coverage, the projected incurred loss ratio is 118.0% for the renewal period. After careful consideration of the above factors, we have established our pricing for the upcoming policy year. Following are both your current and renewal rates, which will be effective on October 1,2003. Coverage Current Rates Renewal Rates Rate Basis DENTAL 16.75 23.45 Employee 33.60 47.04 Employee + Spouse 42.02 58.83 Employee + Child(ran) 58.39 81.75 Family Billing statements on and after October 1, 2003 will reflect the renewal rates. Rates are guaranteed for 12 months subject to the terms, conditions and provisions of your group insurance policy. It is our expressed intent to provide the best possible relationship of benefit costs to the products we provide to your group. Please be assured that our analysis has been completed with this in mind. We appreciate the opportunity to provide your employee benefits and look forward to continuing our relationship. If you have any questions regarding our assessment, please do not hesitate to contact us at 1-877-870-3834. Sincerely, MetLife Renewal Underwriting CC: KURT GEHRING TAMPA SBC REGIONAL SALES OFFICE ~OMF. OF PF~CAN ~ AGENDA TRANSMITTAL Subject: Collective Bargaining Agreement between the City of Sebastian and ~he Communications Workers of America, Local 3180. Agenda No. 0~. ~kDO Department Origin: Human Resourc~ Date Submitted: September 17, 2003 For Agenda of: September 24, 2003 Exhibits: Resolution No. R-03-43; CWA Contract Summar~ of Changes; Contract EXPENDITURE AMOUNT BUDGETED: [ APPROPRIATION REQUIRED: I REQUIRED: SUMMARY It is with great pleasure that I submit for your approval the collective bargaining agreement between the City of Sebastian and the Communications Workers of America, Local 3180. Attached you will lind a Surnm~ of Changes and the contract in its entirety. Changes are in "edited format"(i.e. underline and ......... Please do not hesitate to call me if you have any questions or comments regarding any of the changes. I can be reached at 388-8202. RECOMMENDED ACTION Move to approve Resolution R-0343. RESOLUTION NO. R-03-43 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COMMUNICATIONS WORKERS OF AMERICA (CWA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER I, 2003 THROUGH SEPTEMBER 30, 2006; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Communications Workers of America (CWA) is certified with the Florida Public Employees Relations Commission as the Bargaining Unit for certain employees of the City of Sebastian; and WHEREAS, the City of Sebastian and the CWA Bargaining Unit have negotiated a new agreement supplanting and superceding the prior agreement and covering the period from October 1, 2003 through September 30, 2006; and WHEREAS, the CWA Bargaining Unit has voted in favor of ratifying said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, THAT: Section I. AUTHORIZATION. Tl'ie City Manager is hereby authorized on behalf of the City to execute the attached Collective Bargaining Agreement between the City of Sebastian and the Communications Workers of America, AFL-CIO, as the employment agreement for the bargaining unit employees for the period from October 1, 2003 through September 30, 2006. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This Resolution shall become effective upon its adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember put to a vote, the vote was as follows: and, upon being Mayor Walter Barnes Vice Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum The Mayor thereupon declared this Resolution duly passed and adopted this 24thh day of September, 2003. By: CITY OF SEBASTIAN, FLORIDA Mayor Walter Barnes AFI-EST: Sally A. Maio, CMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian only: Rich Stringer, City Attorney CWA CONTRACT SUMMARY OF CHANGES EFFECTPVE OCTOBER 1 2003 AGREEMENT - Upon the effective date of this Agreement it shall supersede and supplant that certain Agreement between the parties dated .~ ....... , .... April l. 2001. ARTICLE 1 - UNION RECOGNITION 1.1: The City recognizes the CWA as being ce~eied by the Florida Public Employees Relations Commission o~l as such is the sole and exclusive bargaining agent, for those full-time and part-time excluding tempora~ and seasonal employees) hourly employees working wjfiain tho unit, for the propose of negotiating ma~ers of wages, hours and other terms and conditions of employment. This list of job classifications may be amended from time to time. ARTICLE 2 - MANAGEMENT RIGHTS NO CHANGES ARTICLE 3 - BARGAINING UNIT REPRESENTATION 3,7 .9: ARTICLE 4 - DUES DEDUCTIONS NO CHANGES ARTICLE 5 - RIGHTS OF EMPLOYEES NO CHANGES ARTICLE 6 - NO STRIKE NO CHANGES ARTICLE 7- HOURS OF WORK AND OVERTIME 7.2 Communications Division: (a) Thc basic work period for all bargaining unit members assigned to the Communications Division of the Police Department shall consist of the scheduled work period as described in Section 7.1, Section (a) of this Azticle. Such unit members shall be entitled to one (30) thirty minute unpa/~ meal break and two (2) fifeean (15) minute paid breaks per each eight (8) hour shift, to be taken at the discretion of their immediate supervisor, (c) For the purpose of overtime computation, time spent by a bargaining mt member on any approved leave with pay (excluding compensatorv time) will be considered as time worked. 2. A bargaining unit member may accrue up to a maximum of one hundred twenty (120) hours of compensatory time in any Fiscal Year of which eighty (80) hours may be camed over from year to year. All compensatory time in excess of eighty (80) hours up to one hundred twenty (120) hours mast be used in the same Fiscal Year it is earned (and by September 30th) or the remaining balance of unused compensatory time up to forty (40) hours will be converted to the bargaining unit members onxent hourly rate of pay and added to their last pay check in September. At the bargaining unit member's option they may request pay- out for all accrued compensatory time up to one hundred-twenty (120) hours earned in any fiscal year. Accrued compensatory time will be converted to the bargaining unit member's current hourly rate of pay and added to their ta~ first pay check in October September. Written request for pay-out for all or partial accrued compensatory time must be submitted by the first week in September of each fiscal year. (d) No bargaining uuit member will be placed in a leave without pay status during the basic workweek in order to deprive him or her of the fight to earn compensable overtime. Upon approval of the Department Head. employees may elect to flex their hours in excess of 40 hours within the same seven-day workweek, 7.5: Shift Differential Any bargaining unit member who works either regnlarly scheduled hours or overtime hours that fall between 7 P.M. and 7 A.M. shall be entitled to a shift differential equal to five percent (5%) of their~_ mgnlar hourly rate of pay for each hour worked. The bargainin~ unit member must work a minimum of four (43_) hours during the established hours set above before they will be entitled to receive ghif~ diffgrgntial. Ally bargaining unit member who works less than four (43_) hours will not receive shift differential for those hours worked. ARTICLE 8 - SENORITY/LAYOFF/RECALL (c) Oty ............. ~on seniotity shall apply for the purposes of layoff, vaf, zaion computation, service awards, or oth~ matters based upon length of service. (2) Management shall e,,eplain-identifv the position that may be bumped within five (5) calendar days and explain the options to the affected bar~waining unit member(s). Position classifications that are available for bumping will only be for the same grade or less than the bargaining unit members carmm positiom If thc bargaining unit member possesses the minimum qualifications for that position, and has greater City seniority than the preseat occupant of that position, the bumping shall take effect w/thin five (5) calendar days from the date of the notification. If otheawrise eligible, thc bumped bargaining unit member may then proceed himself in accordance with Section 8.4 (d) of this article. In no event will a bargwning unit member bump another member in a higher classification. (3) In the event thnt two or more affected bargaining unit members have the exact same claasffic~J~n citvwide seniority, the bargaining unit member with the least City classification seniority will be laid off first. If both bargoining unit membem have equal seniority, tho barga~ ining unit member who applied for the position first will retain the position. This will be det~anined by the tirne/du_t_e stamp issued by Human Resources on the employment application when it was first received. (5) A bargaining unit member bumping to a job classification which is lower than their present job classifie~tlon will take a 3% per Grade not to exceed nine (9%) percent .... ,v,v, v ....... reduction in pay and be placed on the pay scale to the closest step in the new job range. In no case will a bargaining unit member be paid more than the maximum rote of the lower classification. (h) Pe-.--.mne.nt Regular, pm-time employees may only bump other partq/mo employees. Exempt employees em~not bump into the bargaining, unit unless they held a bargaining unit position within the past 3 years. ARTICLE 9 - MISCELLANEOUS PAID LEAVE Bereavement Leave: (a) With the approval of the Department Head, paid 5ancr~ bereavement .leave, not to exceed five (5) consecntive worldng days (forty 40 hours), may be granted to a regular full-time or (twenty 20) hours for regular pm-time bargaining unit member in the event of a death in the bargaining unit member's immediate family. For purposes of this provision, a "bargaining unit member's immediate family" is defined as the member's spouse, parent, step parent, child, step child, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, or any relative who is domiciled in the member's household. Funeral leave shall not be charged to annual leave, personal leave, sick leave or to compensatory time. Any absence in excess of five (5) days or forty (40) consecutive hours, in connection with approved funeral leave, Co) will be charged at the bargnininq unit member's discretion to accrued compensatory time, annual leave, sick leave, personal leave or, if no leave is accrued, to leave without pay. Said paid leave time shall be taken ......... "'~' ............. : by the bargaining unit member within 14 calendar days. Within thirty (30) calendar days from the date the bargaining unit member returns to work from a death in the family, the bargaining unit member will file a copy ofthe death certificate of the deceased. Said death certificate will be ~*t~ched to a leave request form and forwarded to the Department of Human Resources for precessing. Failure to produce a death certificate will result in the bargaining unit member reimbursing the City for uny paid leave taken under this Article. Any bargaining unit member found to have falsified his or her application to use this time will be disciplined up to und including dismissal. It is understood that under certain circumstances the bargaining unit member will be onable to obtain a death certificate. In this event, in lieu of a death certificate, the bargaining unit member shall submit a newspaper account showing the death und the relationship of the deceased to the bar~alnlng unit member und/or other appropriate criteria as deemed appropriate by the Director of Human Resources. For non-immediate family ,~aneraS, bargaining unit members have the option to use accrued annual leave, compensatory time or personal leave, for the attevdnnce of funerals. Bargaining unit members will supply their supervisor with written notification for this request in as timely manner as possible. The supervisor will make every effort to comply with the provision of this section. In the event that the bargaining unit member does not have any acctlled ann]m[, compensatory, or personal leave they may request to use sick leave. (c) ..,ua ........... ;~] ......~u ..... Und ireamstun halith City ontribnt ...... · ~ ........ ~ .................. er uo C ce$$ e c e uny funds towards the dcfz~cd .......... ..... v .......... prcgmm CWA pension plan while the unit member is on un unpaid leave of absence. During the time the bar~a~ inia8 unit member is on leave without pay, the member will not accrue neither sick nor annual leave und accrual of seniority is suspended until they remm to regular duty. 9.8: Personal Leave (a) Each regular foil-time bargaining unit member shall be entitled to three (3) days of personal leave per year -:;h~ch cc,~ bc u~cd a~ ~ tic,ting hcEd;y. Such leave is subject to Department Head approval. Probationary employees (new hires) will not be entitled to use Personal leave time until they have completed their six (6) month probationary period. All regular part-time employees shall receive three (3) days of personal leave per 3'ear ..a.;~ .... ~ ..... a ~ ~ ~,;~ t.~na~.. Personal leav day will b computed at on half the rate of a regular full-time employee or four (4) hours. Such leave is subject to Department Head approval. ARTICLE 10- SICK LEAVE CO) Ifa bargaining unit member is absent from work in excess of three (3) consecutive days-e~ !cngzr due to an illness, the member must submit a doctors note to the Department Head, or his/her designee, attesting to the employees ability to return to work with or without restrictions. (c) Sick leave may not be used for absences due to illness or injury sustained while engagedjn~ t~"k outside employment. (e) Upon separation from employment in good standing (resignation or retiremeut with a two eparati ) week notice or medical s on *~ ,~v, .... or mcrc cf .... ; ..........' ...... * b~aining llni[ member is eligible, u~c:: :cpamfion ....... 2, to be paid for a percentage of his/her accrued balance of sick leave up to a maximum of 280 600 hours. The percentage is as follows: If separated before completing first year - 0% 1 - 5 completed years of service - 25% 6 years to l0 completed years of service - 50% Over 10 years completed years of service - 75% (g) Once a bargaining unit member accrues 480 360 hours of sick leave they may at their option convert fifty (50%) percent of any unused accrued sick leave in excess of 480 360 hours to annual leave on September 30 of each fiscal year. Bargaining unit members, who elect not to convert their sick leave, will r~ain their sick leave benefit as currently provided in the conWa~. If thc bargaining unit member is at the maximum vacation accrual on September 30 of each fiscal year, the sick conversion process cannot be allowed. ARTICLE 11 - ANNUAL LEAVE When a bargaining unit is out of work on approved annual leave and is called to work during their normally scheduled working hours, their leave banks will only be reduced bv the anmber of hours they were off work. The bargaining unit member's rate of pay for hours worked will be the overtime rate of 1 V2. If the bargaining unit member works beyond the normally scheduled hours, then overtime provisions will apph, for those hours. At no time will a bargaining unit member earn time and one half for call back during the normally scheduled hours, then another time mad lull (for a total of 3x) for working ever 40 hours in the work week. 11.6 Vacation Cash-m: (a) Bargaining Unit Members will have the option of cashing in up to (40) for~ vacation hours per year if the following requirements are met: The bargaining unit member has a minimum balance of 40 hours after the cash-in. The bargaining unit member took at least 40 consecutive annual leave hours off during the previous year. Holiday hours do not coum towards the 40 hours. Request for cash-in must be submitted to the Human Resources Department by September 30th of each year. Payment will be made the first paycheck issued in December. 5 ARTICLE 12 - GRIEVANCE PROCEDURE 12.1: The procedure set forth in this Article shall be the exclusive method for resolving CWA and employee grievances. Grievances are defined as disputes concerning the interpretation or application by the Employer of the terms of this Agreement. Oral reprimands ~-~ *--~ .......... '~ ...... '~ are not grievable. ARTICLE 13 - HOLIDAYS (a) For Communications T¢chnicim~s, Holidays will be observed on the actual Holiday. Communications Teclmicians or other employees not scheduled to work the holiday will receive 8 hours of pay not to be counted for overtime calculation. For exmnple, if an emplovee is scheduled Tuesday thru Friday and the holiday falls on a Monday, the employee would receive 8 hours pay for the holiday. The holiday pax, would not to be included as hours worked for the purpose of overtime calculation. ARTICLE 14- PROMOTION, TRANSFERS, AND ADJUSTMENTS 14.2: a) When a bargaining unit member is promoted to a higher paid Grade position, Ns/her new rate of pay shall be :hz miramum re~c Step 1 applicable to that position, ffthe bargaining unit member's current salary is higher than the :v. ini:m:m Step 1 rate for the position to which promotion is made, the barg~ ining unit member shall receive a one two step increase inpay ii'om his/her current rate of pay~ Subject to the approval of the City Manager, a greater promotional increase may be recommended by the Department Head. b) When a bargaining unit member is adjusted to a lower paid position (voluntarily or through disciplina~, action), he or she will take a c::c f~ x ..... ~-~ -~v 3% reduction in pay per Grade to the closest step in the new job range. In no case will the salmy be higher than the maximum rate or lower thana the Step 1 for the lower classification. 14.3: The effective date ora bargaining umt member's demotion or promotion to a new job classification shall be the bargaining unit member's new classification anniversary date for the purposes of dassificatinn seniority determination. The bargaining unit member must serve a six (6) month probationary period in the new job classification. If at any time during the probationary period, the barg~inlng unit member is found to be unqualified for the position or incompetent to perform the duties of the new position, he or she shall be returned to the position from which the transfer/promotion took place at their former rote of pay. , v .................. 3 exists. If no vacancy exists, the bar~inlng unit member shall be laid off' in accordance with the provisions of Article 8. (d) The City and the CWA agree that when there is a critical need for a bargaining unit member to work (operate a piece of equipment) in a higher job classification, aneh as a Maintenance Worker I filling in for a temporary period as a Maintenance Worker 11 or a Maintenance Worker 1I filling in for a Maintenance Worker III, the bargaining unit member will receive the greater of a 3% increase to their regular hourly rate of pay (or Step 1 of the acting Grade) for each hour of work preformed at the higher classification. A temporary assignment means filling-in for another bargaining unit member who is on vacation, ill, has incurred a job related injury, on FMLA, in training or absent from work for any other legitimate reason. Temporary assignments must be for three (3) consecutive days or more. The bargaining unit member who is working in the temporary higher job classification will receive a 3% increase ~ in pay (or Step 1 of the acting Grade) for all time worked after the third consecutive work/ --~ \ day in that assignment. Requests for any temporary upgrades must be submitted by the immediate Deparanent Head identifying the need for this position being filled and must be approved by the City Manager. (0 The Depa~Unent Head, with the City Manager's approval, may, in writing, assign a bargaining unit member to a supervisory, job classification for a temporary period. The affected har~ining unit member working a period of 5ye (~) (3) three consecutive work days or more shall receive a two-step increase an a~aiticrz2~.~ve~ ~,~ -~},~. -~h .... (or Step lofthe whmhever ~s greater) ..... ~ o~t~ ........ t'~:, · ........... ;~ ~ Tho barg~aining llnit member will be entitled to receive the salary increase for each day worked and all hours worked while in that temporary classification once the 5vt O) (3) three day minimum has been met. 14.5 Effective 10/1/05, to promote self-improvement initiatives the City agrees to pay bargaining unit members obt~ininE m~ accredited certification in their respective field an incentive pay. Once earned, the payment will be paid on a bi-weekly basis over 26 pay periods. It is the employee's responsibili _ty to notify the City if the certification is current or expired. Certifications eligible for payment include, but not limited to the following: ASE AutomotiveFMed./Hcaw' Truck certifications - $30 per certification, capped at $120 per year. Auto Technicians that obtain a Master's Technician designation will be eligible for $500 annnatlv. Professional in Human Resources - $120 annually. Building Inspector Certifications - $50 per certification, capped at $250 annually. Building Inspectors that obtain the Cltief B, ildin~ Official designation will be eligible for $500 mmuallv. Insecticide spray license (one per depar~anent/division)- $120 annually. Associates Degree from an accredited college - $500 annually. Bachelor's Degree from an accredited college - $750 armuallv. Other certifications ma,/ be submitted for consideration for incentive money. Upon approval of the Department Head. Human Resources Director, and the City Mana~.er. a dollar value consistent with the above scale will be established. ARTICLE 15 - GROUP INSURANCE 15.1: During the term of this Agreement (October 1, 2003 - September 30, 2006), the Employer agrees to pay the premium during the term of this contract to provide continued group insurance coverage to all gui full time bargaining unit merabem ~: ........ ' ..... ~ ...... ~ ~-' ~" -~'*;~ ~+ ~ 15.4: The City agrees to pay fifty (50%) of the costs of single coverage group (health only) insurance for up to two (2) years for qualified bar .~2ininE unit members who retire from the City after being employed by the City for twenty (20) years in a gall-time capacity. ARTICLE 16- RETIREMENT NO CHANGES ARTICLE 17- PERFORMANCE EVALUATIONS NO CHANGES ARTICLE 18- SAFETY 18.7: Worker's Compensatiou: Any regular fidl-time employee who sustains a temporal~ disability as a result of and arising out of employment by the City as provided by the Worker's Compensation Law of the State of Florida. shall, in addition to the benefits payable under the Worker's Compensation Law be entitled to the following: During the first eighty (80) working days of such disabiht¥, the employee shall receive net supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation indemmtv payment. Thereafter, the employee may utilize any accrued sick or annual leave in order to receive supplemental pay based upon his/her net take home pay reduced bv the Worker's Compensation indemnity pawnent until such annual or sick leave is exhausted. C. Upon exhaustion of all paid leave, the City may, at its discretion. ~rant an unpaid leave of absence to the employee for a period not to exceed one year. If' any employee, due to an on-the-job inittrv, is temporarily or partially disabled from performing the duties of his/her classification, but is determined to be able to perform light duty bv a physician designated by the City. the employee may be required to perform such duty or lose the employment connected disability leave snpplemental benefits. Assignment to light duty, shall be considered a temporary assimmaent, without reduction in pay. Such a reassignment shall be to other duties commensurate with medical and mental fitness, subject to availability of sintable work. and the employee's qualifications for the position. However. an employee shall not be permitted to continue in a light duty position after reaching his/her maximum medical improvement. Any employee who suffers an employment connected injury may be required by the City to be examined every twenty (20) working days by a medical doctor, specified and provided by the City. who shall determine the employee's condition and fitness for full or partial remm to duty. No employee ;viii be entitled to employment connected with disability leave with the benefits described herein if the iniuru suffered has been determined to have been the result of intentional self-ilffiiction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. While receiving emplownent connected disability benefits an employee shall be entitled to all benefits which he/she would normally receive pursuant to his/her emplosanent with the Citv. 18.8: Work Boots/Shoes: a) The City will provide those bargaining unit members required to wear safety boots/shoes as a part of their job function one hundred ($100) per fiscal year. This will become effective October 1, 2001, payable to the bargaining unit member the first full pay period in October of each year. Any bargaining unit member receiving this benefit will be required to wear the safety boots/shoes at all times while performing their City job functions. If an employee begins employment after the first full pay in October, the boot allowance will be prorated bY $8.33 per month. Safety boots/shoes must meet the requirements as established by the depamnent. 18.9 Ifa barqnininc~ unit member is provided work boots/shoes and the bargaining unit member does not complete the six (6) month probationary period for any mason, the cost of the work boots/shoes shall be deducted from bargaining unit members last pay check which will mfleet the actual expense incurred bv the city for the purchase of the work boots/shoes. ARTICLE 19- DISCIPLINARY ACTION NO CHANGES ARTICLE 20- SALARY 20.1: Eligible bargaining unit members shall receive a 4 2.5% COLA increase to their current step effecttve·-v .... ,200! October 1. 2003. 20.2: Effective *~.~ ~.~o.~-~* ~.~.~-" ~: .... ?:~zd c~zr October 1, 200~ _4, the City will provide all bargaining unit members with a pay increase of u~zz (2.5 5%) l~rcem added to their base salary, i.e., excluding longevity, supplemental or any additional pay. 20.3: Effective +~..~ ~..o~g~+ ~..g'" .... e~: pcriz~ a~zr October 1, 2003 _5, the City will provide all bal,ga~ ining unit members with a pay increase of f~ur (4-2.5%) percent added to their bas~ salary, i.e., excluding longevity, supplemental or any additional pay. ARTICLE 21 - SUBSTANCE ABUSE TESTING NO CHANGES ARTICLE 22 - UNIFORMS 22.2: and equipment must be r~m-ned to the City. Failure to return issued uniforms and equipment will result in tho bargaining unit member paying for the actual cost incurred by tho city for the purchase of said uniforms. ARTICLE 23- TUITION REIMBURSEMENT Aooroved trninin~: Approved courses must directly relate to the barg~tining unit member's current assignment which will improve his or her skills, knowledge and ability to perform his or her duties and will increase his or her potential for promotion. Such determination will be made by the Department Head and the City Manager or his designee. Such courses must be offered by an approved technical or trade school or an accredited college or university. Attendance at these courses must be during non-working hours. Post graduate (ex. Master's. Doctorate. etc.) proarams are not included within the tuition payment plan. ARTICLE 24- MERIT/STEP PAY PLAN 24.3: ff the recommendation for an increase is for one-step, justification is s*_ated on the performance evaluation and the pay increase will be implemented on *~^-,-~ ~-~-~* ~--~'" w~ ....~fiod fo!!owi~ the bargaining unit member's classification anniversary d~t~, 24.6: If a bargaining unit member changes job classifications, his or her job classification annivers~'Lry date hang ffecti th date fth oti d oti n~^~.~+~ .....x. .... :..: ..... : ...... ~.. willc e,e ye e o eprom on or em on ............ :~ ..... e .............. 24.7: Longevity Pay: Longevity pay will be awarded according to the following: Bargaining unit members, at~ having completed ten (I0) years of continuous service with the City, will receive an increase in their base pay of five (5%) pement. The five percent increase will be added to their base pay effective the date of ~ following their ten-year anniversary date. Bargaining unit members, afire having completed fiieen (15) years of continuous service with the City, will receive an inereuse m their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of ......... v-,:-~-, v ..... fcllo;;Sng their fi{teen-year anniversary date. BargaininS unit members, afar having enmpleted twenty (20) years of cont/nuons service with the City, will receive an inereuse in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of ......... v-: ....v ..... .......... ~ thetr twenty-year anmversalT date. Bargaining unit members, a~ having completed twenty-five (25) years of continuous service with the City, will receive an increase in their base pay of seven and one-half (7.5%) percent. The seven and one-half percent increase will be added to their base pay effective the date of 5rat .~all payroll period fc!lo'a, Sng their twenty-five-year anniversary dat~. ARTICLE 25 - SEVERABILITY NO CHANGES ARTICLE 26 - TERM OF AGREEMENT This Agreement provision shall commence on October 1. 2003 _Ap~! i, 2991 subject to ratification and Council vote, and nm through September 30, 20536. Any new benefits under this Agreement that do not have a specified effective date shall be instituted October 1, 200~3_. In witness whereof, the parties hereto have entered into this Agreement on the __ day of September 25, 2003 ma=h 290 !. HOi~fl[ OF PI[UC~.N ISLAND CITY OF SEBASTIAN and COMMUNICATION WORKERS OF AMERICA (LOCAL 3180) October 1, 2003 - September 30, 2006 A_R_T!CLE 1 2 3 5 6 7 8 9 I0 11 13 !4 15 17 !8 19 20 21 23 24 25 26 COMM[ NICATION WORKERS OF AMERICA (CWA) TABLE OF CONTENTS TITLE Agreement Preamble Union Recognition Management's Rights Bargai~fing Unit Representatives Dues Deffaefion Rights of Employees No Strike Hours of WorL~Overt'tme Seniofity~_ayoff~c~! Miscellaneous Paid Leave Sick leave Annual Leave Grievance Procedure Holidays Promotions, Transfers, and Adjustments Group Insurm~ce R~iremem Contribution Performance Evaluations Disciplinary A~ion Salm~ Sabstance Abuse Testing Tuition Re/mbursement M,m'it/Rt~n Pa*a Plan Severabi!ity T~rm tn£ ~ ~rt~mpnt Page 3 3 4 5 5 6 7 7 8 13 19 26 27 29 29 3! 33 33 33 34 35 36 37 AGREEMENT Section 1 ~This Collective Bargaining Agreement ("Agremnenf') is entered into by the City of Sebastian, Florida ("City" or "Employer") and Comm~mications Worker's of America, AFL-CIO, ("CWA"), and has as i~ pm'pose the ~omotion of harmoffious relations between the CiD, and CWA; the estabfistnnent of an equitable and peaceful procedure for the resolution of differences; and includes the agreement of the parties on the standards of wages, horns and other conditions of emplo3-,ment em.~e. ~-I_ hereunder. Upon the effective date of this Agreement it shall supersede and supplant that certain A~'~%-ment between the parties dat~ April !, 200 !. Section 2 Throughout this Agreeraent masculine gender pronouns shall be read to include feminine gender wh~re mar~rc,nriflte Wliereas, the intent and purpose of this Agreement is to maintain and further hannottions and cooperative labor manag~n~t relations upon a con,active and so,and foundation; Wliereas, the cornerstone of this l~otmdation is the mutual acceptance and recognition of the fights and obligations of both parties, in order that the joint responsibilities of the public employer and public employee to represeut the public ~ fi,~_!filled ~,,,t the ~der and ,,_~i. knL.om, apted functions of gove.,?~men, t be ass,...,,ea~_; mud Whereas, the City is engaged in furnishing essential public services vital to the health, safe~, proteOao~ Whereas, bo~ the Ci.ty and its employees have a high degree of responsibility to the pub lic in so serving public ~.~t~-h-o,~ intern2pfion of t~ese sendces; V~qtereas, since both pmties recoguize this ~nutual responsibility, they have entered h~to this Agreement as an ~stnkment and means to ~..~..it ~em to fin!fill said ~sponsibiA.ity; Now tlierefore, in consideration of the prenfises and promises set t'orth herein and the benefits and advamages accrnh~g or expected to accrue to the parties hereto and those covered by this Agreen~ant by reason and said p~_rties he.,,eby a~ee ~ fol!ox~: 1.1: ARTICLE 1 UNION R~COGNITION The City reeogniTes the CWA as being eerfffled by the Florida Public Employees Relations Cu~ni,fiusion and as such is the sole and exclusive bargaining agent, for those full-time and pm-time excluding temporary and seasonal employees) hourly employees working within the unit, for the purpose of negotJming matters of wages, hours and other toms and conditions of eaaployment. This list ofjob classflieafions may be amended from time to time. PosmoN CLASSIglCATIONS Account Clerk I Aoc~unt Clerk Account Clerk III Adminlsrtr.afive Aide Administrative Assistant Adminlsh'lttivo Administrative Supervisor Assistant Golf Pro Benefits Spedalist Building Inspector Building Inspector Building Maintenance Supervisor Cashier Cemetery Supervisor Clerical Assistant I Clerical Assistant Code Enforoement Officer Communioalions Supervisor Communications Technician Computer Operator Co~o~ ~or File C~rk GoLf Cour~ C~,~ GoLf Cours~ S~m~r H¢~d Head Mectumie H. man Resources Specialist I~formation Specialist Maintemmce Worker I M~intenance Worker II M~iatemmee Worker III Mechanic Parks Parks Supervisor Records Reten~on Clerk Records Supervisor Roads and Drainage Supervisor Traffic Technician Zoning Technician 4 2.1: 3.1: 3.2: 3.3: 3.4: 3.5: ARTICLE 2 MANAGEMENT RIGHTS The management of the City and the direction of the workforee is vested exclusively in the City subject to the re'ms of this agreen~nt. Nothing in this Agrccmant shall affoot the right of the City to detaxmlne the standards of service offered the public; to maintain the efficiency of the City's operations; to determine tho methods, means and persum~t by which the City's operations are to be conducted; to dire~t the work of its ernployees; to him, promote, demote, transfer, assign and retain employees in positions; to discipline, suspend or discharge employees for just cause and to reheve omployccs from duty because of lack of work; or to take any action, not inconsistent with the express provisions of this Agrccmant, n~:essery to carry out th~ mission of the City. All matters not expressly covered by the language of this agrccment may be administered for its duration by the City in acenrdance with such policy or proc~xture as tho City from time to time may determine. ARTICLE 3 BARGAINING UNIT REPRESENTATION The CWA, upon the presentation of Application for Membership form (Appendix B) dues deduction, duly executed by thc individual employees covered by this Agrccmcnt, shall be antitled to have such employees' membership dues or service fcc deducted from thch' p~ on a semi-monthly (twenty four (24) times per year) basis and remitted to thc CWA. As assig,~ment of wages/dues d~uction may he canceled by thc employee on thirty (30) days written notice to the City and to thc CWA. The City agrees to provide suitable bulletin board space on oxisting or new bulletin boards in conwmiant places forposting ofofficial CWA notices. Theparties agreethat th~usage ofsuc~ bulletin boardswill be to promote Employee-Employer relations, as well as keep the members of the CWA informed of its representation activities. All notices shall be signed by a duly autherized CWA representative. Any other notices, including any notices containing information other than purpose, da~, time and place, may be posted on the designated CWA bulletin board only with the approval of the Employer. The City will permit the CWA to maintain an official mailbox at various work sites. The mailboxes will be provided by the CWA. Mail delivered to these mailboxes will be delivered unopened. The City will allow the CWA a reasonable opportunity to meet with new employees covered by the agreement at the conclusion of new employee orientation for the pmpocc of bri~ing the ~am:,loyee on this Agre~meut and the Bargaining Unit's programs and benefits. The CWA shall appoint one (1) bargaining unit member for each of the departmeets to represent the CWA es the Steward for all the bargaining unit members in those departments. The Steward shall be a regular full-time City employee on payroll status and shall be responsible for labor relations activities associated with the administration of this Agreement on a full-time basis. Fur6mm~e, he c~ she shall he responsible for the eoordinafin4g and proeeesing of grievances for alt CWA members, and shall conduct activities to avoid overluppmg or duplicating services of any other bargaining unit xq~l~entative. These activities shall be conducted without disrupting the work of other City employees who are not directly involved. ARTICLE 4 DUES DEDUC ~TION 4.1: 4.2: 4.3: 4.4: 4_5 $.1: 5.2: 6,1: Upon receipt of a stipulated lawfiflly-exeeuted Assignment of Wages/Dues Deduction form, attached as Appendix B, fi.om an employee, the Employer agrees to deduct the regular dues of the CWA fi-om the employee's pa3, s_~rd-month!y. Such dues .will be remit*~d monthly m khe S__~te*..aty-Treasurer of the CWA Bargaining Unit. The CWA agrees to notify the Employer, in writing, at least thirty (30) days prior to the effective date of arW changes in the re~alar dues stvac~e. Revocation of dues will be processed through the CWA, but in the event of direct revocation, the CWA will be notified as soon as is pram/cable. The CWA agrees to mdenmify and hold harmless the Employer, its agents, en~ployees and officials from and against any claims, demands, damages or canses of action (including, but not limittgd to, claim~, etc., based ,..,pon clerical or accot..,mq..'mg _.eh:ors cm~ed by neg!iooence,) of_my natere whatseever, asserled ~., -~3' person, fn'm or entity, based upon or related to payroll deduction of CWA dues. The CWA agrees to defend, at its sole expense, any such claims against the Employer or its agents, employees, and officials. The term "official" as used_ herein includes e!~d and appoL.~.ed officios. Nothing contained herein shall require the Employer to deduct or to otherwise be ir~olved in the cofleefion of delinquent dues, times, penalties, ~ special assessments of[he CWA. An assi~ament of Wages/Dues deduction may be canceled by the employee upon thirty (30) days notice to both the City and *&e CWA. ARTICLE 5 RIGHTS OF EMPLOY E. ES The Ci.ty mad CWA agree that bargaining unit members possess the fights set forth in Section 447.301, Florida Statutes, and are entitled to exercise these rights without interference, restraint, or coercion fi-om any pe~on, ivx!u~iding CWA re~ ~en. tafion in ~%, disc~sion bemeen ~e emp!oy~ ~d r~resentatives of the City in which the employee has reasonable grounds to fear that the mtermew is investigatory and may ~sult in discipline? ~ofion being *~aken against th. he ~pl%,ee. CWA me~nbers are mtitled to be represented by. the CWA in grievances arising under this Agreement. They. may also bring matters of individual concern not covered by this Agreement to the mention of City. officials. ARTICLE 6 NO S~ For purposes of this Article. "stoke" is deemed as the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; · e concerted suNmission of ~signafions by employees; *.he conc~d abst/nenee in whole or in part by any group of employees ~om the full and faithful performance of the duties of ~uloyment with a pubhc _,anp!oyer for ~ ptu%,ose of inducing, k~X!uencmg, condoning or coerc/ng a change m the t~u:s and 6 6.2: 6.3: 6.4: 6.5: conditions of~mtAoyment or the rights, privileges or obligations of public employment, or participating in a deliberate and concealed course of conduct which adversely affects tl~ s~'vices of th~ public ~mlJloyer, thc conceated failure of employees to report for work acPt~ the expiration of a collective bargaining agreement. The CWA reco~onizes that strikes by public r~aployees are prohibited by Att/de 1, Section 6, of the Florida Constitution and Section 447.505, Florida Statutes. The CWA agrees not to anflatmze, instigate, or otherwise support a strike, as defined in Section 6.1 above. The CWA reco~m~izes that it -- and all ectiag ia coneert with it - shall be liable to the penalties set forth in Section 447.507, Florida Statutes, in the event of a strike ia violation of this Article. Thc CWA agrees that there shall be no strikes ia aeexmtanee with Article 1, Section 6 of the Florida Constitution and Section 447.505, Florida Stmues. In tho event of a strike, slow up, work stoppage, or intmxuption due to informational pickets, the CWA shall promptly and publicly disavow such unauthorized conduct and to take all affirmative action legally available to prevent or ~u, inst, any strike which occurs ia contravention of this co,,u~itment. This Agreement shall become null and void upon the occurrence of a CWA encouraged or sanctioned strike. For the purpose of this Agreement, informational pickets shall be allowed. Informational pickets shall not stop or discourage City employees fi~m normal lmsiaess. Informational pickets shallnot encourage any type of act that would violate local ordiaanees, city, state or federal law, e.g, honking of horns, em. ARTICLE 7 HOURS OF WORK AND OVERTIME 7.1: Basic Work Week: (a) The basic work week for regular fall-time employees shall ordinarily consist of fecty (40) hours per week, atarting at 12:01 a.m. Sunday and ending at 12:00 midnight Saturday, unless othmwdse specified or scbeduled by the Dupamnent Head to m~t pattienlar requh r~ar~s of an individual depammmt. This provision shall not be construed as a guarantee or limitation of the hours to be worked per ~veek. O) The basic workweek for regular part-time employees shall consist of thnse hours they are required to work by their Departmeaxt Head or his designee. (c) Meat periods shall not be considered time worked. (d) Bargaining unit members will be entitled to a one (1) hour meal break which will be talam at the diseretion of their immediate supervisor. Bargaining unit members will also be emit. led to two (2) paid fn%'en (15) minute work breaks one in the toeing and one in the afternoon. Bargaining onit members will be paid for an eight (8) hour day. Hours of Operation 1. Administrative bargaining unit member's hours of work are fi.om 8:00 a.m. to 4:30 7.2 7.3: p.m. Monday through Friday. Non-administrative bargaining unit member's hours of work are fiom 7:00 a.m. to 3:30 p.m. The hours of operation for both Adminisl~five and Non-admlnls~ive bargaining uint members may be changed from time to time at tho discretion of the Depas'tment Head. (e) The two fift~an (15) minute work breaks will not be taken immediately before and/or immediately alter the meal break, and it must be used or lost. It c4amot be used to make up for late arrival or for leaving work early. The City will make a good faith effort to find work for employees who want to continue working when adverse weather conditions do not permit outside work If no work is available, and based on the employee's job description, employees may use accrued vacation, personal, or compensatory time, (ffearned) to leave work for the remainder of the day. Communications Division: The basic work period for all bargaining unit members assigned to the Communications Division of the Police Department shall comist of the scheduled work period as desen'bed in Section 7.1, Section (a) of this Article. Such unit members shall be entitled to one (30) thirty minute meal break and two (2) fifteen (15) minute paid breaks per each eight (8) hour shift, to be taken at the discretion of their immediate supervisor. (b) The two (2) fltteen(15) minute paid breaks are not to be taken consecutively erin conjunction with the thirty (30) minute meal break unless authorized by the employee's immediate supervisor. It is agreed by the parties that tho two (2) fifteen (15) mimlte breaks will represem compensable time. Meal breaks will not represent compensable time. (a) Overtime will be authorized only when it is in the interest of the Employer and is the most practicable and economical way of meeting workloads or deadlines. All authorized and approved time worked in excess of forty (40) hours in any one workweek is considered overtime worked end shall be either paid at the rate of one and one-half ( 1 ~) times the hourly rate of the employee, or by compensatory time off at the rate of one and one-half (I- 1/2) hours for each hour worked over forty (40) hours. For the purpose of overtime computation, time spent by a bargaining unit member on any approved leave with pay (excluding compensatory lime) will be considered as time worked. Bargaining unit members who work overtime during a forty (40) hour week and use sick leave time within that forty-hour week will be eligible for overtime pay. The o~,loyee requesting compensatory time and having used sick lenve during the forty (40) hour work week will earn the compensatory time at the rate of one and one-half ( 1 ~) times the hourly 8 7.4: rate of the eanployee. If a bargaining unit member has accrued earned overtime, he or she may elect, with the approval of the Dep~u;-,ant Head, to use compensatory ~ off rather than be paid for the overtime. A bargaining unit member may accrne up to a maximum of one hundred twenty (120) hours of compensatory time in a~y Fiscal Year of which eighty ($0) hours may be carried over fxom year to year. All.compensatory time in excess of eighty ( 80 ) hours up to one hundred twenty (120) hours must be used in the same Fiscal Year it is eerned (and by September 30th) or the remaining balanee of unused compea~satoly time up to forty (40) hours will be converted to the bargain/ng unit members current hourly rate of pay and added to their last pay check in September. At the bargalning unit m~mber's option they may request pay-out for all accrued compensatory time up to one hundred-twenty (120) hours earned in any fiscal year. Accrued compensatory time will be converted to the bargaining anit member's current hourly rate of pay and added to their first pay cheek in October. Written request for payout for all or partial accrued compensatory time must be submitted by the first week in September of each fiscal year. Bargaining unit membex's wighing to use accrued compensatory time off must follow the same procedures as an employee wishing to take vacation time. In any situation, the bargaining ~mlt member must receive prior approval to use compensatory time off except in emergency situations. The bargaining unit member's Department Head shall attr,,mp~ to accommodate the desires of the employee as to the time off desired, work schedule and conditions permitting. (e) No bargaining unit member will be placed in a leave without pay status during the basle workweek in order to deprive him or her of the right to earn compensable overtime. Upon approval of the Department Head, employees may elect to flex their hours in excess of 40 hours within the same seven-day workweek. Bargaining unit members shall be required to work overtime when assigned unless excused by the Department Hca& Any bargaiinng unit member who &sims to be excused fi'om an oveaVime assi~ment shall submit to tbeir Department Head a written requnst to be excused. In the event that the Department Head cannot schedule a suitable overtime work force from the eompk~nent of employees who have not requested relief bom ove~fing, employees who have approved written relief requests on file will also be required to work overthne. If a bargaining unit nmanber leaves the service of the City s/he will be paid for all accrued compensatory time at the bargainin§ unit members cra'rent hourly rate of pay to a maxinmm of one hundred twenty (120) hours ffearaed and not used in any one fiscal year. Call-Out When a bargaining unit member is called back to work after his or her normal work day, he or she shall receive a mimmum of two (2) hours pay at the overtime rate. When a bargaining unit member is assigned to attend a scheduled City meeting to perform work aRer his/her normal work day, the bargaining unit member shall be entitled to a minim~an of one (1) hour pay at the overtime rate, if 9 applicable, and slxiff differential ff appropriate. Travel time shall be included as time worked. Hours m excess of forty (40) hours per week will be paid at the rate of time and one-half (1 ½) the bargaining unit members regular h~ly .~.e of pay. 7.5: Shift Differential 7.6: 8.1: Any bargaining ~ m_~mber who works eith~ m~a!ar!y scMduled hours or m,erfime houm~ *-hat fa!! between 7 P.M. and 7 A.M. shall be entitled to a shift differential equal to five percent (5%) of the/r regular hourly rete of pay for each hour worke~ The bergaimng trait member must work a minimum of four (3) hours during the esmb!ished hours s~ above before they will be entitled to receive shift differential. Any bargaining unit member who works less than four (3) hours will not receive shift ~'~fferenfial for ',hose hours worked. The City will pay bargaining umt members the Florida State Statutes Meal Allowance for those members assigned a regular shift, who have completed their shift, and who have to cover a full additional shift when staffhas a shortage and k was ,unexpected. De~tlons: ARTICLE 8 SENIOR!TY/LAYO!*F ~/~.ECALIL. CiB~ ~,,~;,~,47 is the total cumulative length of ,-i,~L.-,n',.apted ragu!ar fia!!-fime or reg~Aer part-time employment of a bargaining unit member by the Employer, measured from the most rec~X date of reg~ ~mp!os.,ment by the Emp!oy~, ex.c~t as pmviAed Ln Section 8.2 below. Classification seniority is the length of regular full-time or regular part-me serrate by a b~gaining ,,.mit member in a job classification. (c) City seniority shall apply for the purposes of layoff, vacation computation, service awards, or other matters based upon !en~.h of ~rvA'ce. 8.2: Accrual of Seniorit'v: 8.3: Employees_~ sba!! be placed in a prob afionm3, ~as for *he first six (6) mc~ns of _~aploym~t in any job classification. Probatiunary employees accrue no classification seniority until they become permanent regular employees, whereupon their classification seniority shall begin fi.em the date of an~"'5.' into the classific&fion, gm _.-mployee ,.vb~ has comp!e~l bis or her iniria! probationary, per/od shall continue to accrue City seniority notwithstanding subsequent probafiov~*y ped~,M_(s) res_~vfiting ~rmm promotion m a d. ifferent job _.classification. (b) Any bargaining trait member who is on an unpaid leave of absence shall not accrue, nor shall they loose, semority. Seniority accrual shall begin on the first day of the members return to Loss of Seniority: Bargaining m,~it members shall !o~ City and classLficafion ~moriB, ovJy as a reset of: I0 (a) voluntmy resignation; retirement; disehar~_; layoff for a Period exceeding twelve months; absence from work without authorization; fa/lure to r~ from mJlitmy leave w/c¥in hthe time limit prescribed by !aw; approved lem,e of absence without pay of one (!) year or more. 8.4: Work Force Adjusmaent and Lay.off: (a) .When work fome adjustment b~o~s neeessav/due m l~k of work, shortage of fimds, discontinuance of operations, or the subcontracting out of City services, the Employer may lay- off employees. The CWA and the affected bargaining umt member(s) shall be notified m writing not !~s than s~r 60 calendar days prior m *.he effective date of such lay-off. (b) If the City fails to provide the employee(s) with a sixty (60) day written notice of lay-off, the City will pay the employee(s) the eqmvalent of twenty (20) days of pay. Such payment will be pa/d in -~o ~ bi-weekJv increm~ts (c) The duties performed by any laid-off bargaining unit member may be reassigned to other bar~ining un/t m_~m _bers.~ already ~ who hold positions in appropriate classifications. (d) No regular full-time bargaining unit member shall be laid-off while aprobafic~3'., part-time, tempora~d ~loyee re, mains employed in the ssme job classification. (e) Permanent, regular fnll-tirac bargaining umt members who receive a notice of lay-off shall have the right, in accordance with their semority, to transfer or downgrade (commonly lalown as "b-amping") or m *aflce ~ !ay-off. Bumping shall only be pe.nmi. 'tted in the e,:em of lay-o~ in accordance with the following procedures: Affected bargaining unit memb~s shill have five (5) calendar da3~, _Cram *-he date they are notified by management of the lay-off, to notify management whether they desire to bmmp ort~ke the !~,-off. (2) Management shall identify the position that may be bumped within five (5) calendar days and explain the options to the affected bargaining unit member(s). Position classifications Lh_~t are available for bmnpkmg wA!! only be for the same ~.orade or !ess than the bargaining unit members current position. If the bargaining unit member possesses the minimunl qualifiellllOllS for that position, and has greater City semority than ~ pm oeeupant of that position, the bumping shall take effect within fl~.~ (5) calendar days from the date of the notification~ If otherwise eligible, the bumped bargaining unit member may then proceed himself in accordance with Section 8.4 (d) of flais arO.'ck. In no event will a bargaining, trait m-.,~rnb~ bump anoth~ member in a higher classification. in the event that two or move affect&-d bargaining un~¢ m.cnnbe~ have the ~.act same eitywide seniority, the bargaining unit member with the least classification semority 11 8.5: will be laid off first. If both bargaining unit members have equal seniority, the bargaining unit member who applied for the position first will retain the positior~ This will be determined by the time/date stamp issued by Hurmm Resources on the employment application when it was first received. (4) A bargain/ng unit member bumping to a ditterent job classification shall be placed in a probationary period of six (6) months. If, inthe opinion ofthe City, tbe bargainingunit member cannot satisfactorily perform the duties of the position to which the member has bumped, the bargaining unit member will be laid off. (5) A bargaiinng trait member bumpingto a job classificationwhichis lower then theirpresest job classification will take a 3% per Grade not to exceed nine (9%) percent reduction in pay and be placed on the pay scale to the closest step in the new job range. In no case will a bargaining unit member be paid more then the maximum rate of the lower classffication. Probationary employees shall have no benapmg rights. An employee who is in a probationary status as of the date of notice of the lay -off, but who has previously achieved permanent status in a lower job classification, may revert to such lower classification for the purpo~ ofexereialng bumping rights. If the employee reverts to the lower classification, their pay is adjusted to the pay they previously held prior to the promotion. (g) Regular part-time employees may only bump other pm-time employees. Exempt employees cannot bnmp into the bargaining unit unless they held a bargaining unit position ,aSthin the past 3 years. (a) Recall of laid-off bargaining unit members shall be made in accordance with City seniority. Initial contact shall be made by phone. If no response is obtained, a certified letter, return receipt requested, to the bargain/n§ unit member's last known address, shall be mailed. Laid-off bargaining unit members who desire to be recalled shall keep thc Employer continuously informed of the/r current mailing address, or lose their recall fights. (b) Within ~ (3) working days after receipt of a notice of recall, recalled bargaining unit members who desire to remm to work mast notify the Employer and advise that they intend to remm to work, or they will lose their recall rights. Recalled bargaining unit members must remm to work fit for duty within ten (10) working days of the receipt ora recall notice, or they will lose their recall rights. ARTICI~E 9 MISCELLANEOUS PAID LEAVE 9.1: Bereavement Leave: (a) With the approval of the Department Head, paid bereavement leave, not to exceed five (5) consecutive working days (forty 40 hours), may be granted to a regular full-time or (twenty 20) 12 hours for regular part-time bargaining unit nmnber in the event of a death in the bargaining trait member's immediate family. For purposes of this provision, a "bargaining unit member's immediate family" is defined as the member's spouse, pavat, step pamat, child, step child, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, or any relative who is domiciled in thc member's household. Fuueral leave shall not be charged to anmnd leave, personal l~avc, sick leave or to compensatory time. Any absance in c~ccess of five (5) days or forty (40) consecutive hours, in eoanection with approved funeral leave, will be charged at the bargaining unit member's discretion to accrued compensatory time, annual leave, sick leave, personal leave or, if no leave is accrued, to leave without pay. Said paid leave time shall be taken by the bargaining unit member within 14 eatendar days. Within thirty (30) e/dan(hr days from the date the bargaining unit member returns to work from a death in the family, the bargaining unit member will fil~ a copy of the death certificate of the deceusad. Said death cerlifie,~ will be attached to a leave request form and forwarded to the Department of I-h]man Resources for processing. Failure to produce a death cerfifieate will result in th~ bargaining anit member reimbursing the City for any paid leave taken under this Article. Any bargaining unit member found to have falsified bis or her application to use this fim~ will be disciplined up to and indnding dismissal. It is anderstood that under certain eircnmstauees tho bargaining unit member will be ramble to obtain a death certificate. In this evant, in lieu of a death certificate, the bargaining umt member shall submit a newspaper account sho~ng the death and the relationship of the deceased to the bargaining unit member and/or other appropriate criteria as deemed approprime by the Director of Human Resources. For non-i~n,;ediate family, bargaining unit members have the option to use aeerued annual leave, compensatory time or personal leave, for the attendance of funerals. Bargaining unit members will supply their supervisor with written notification for this request in as timely rwnner as possible. The supervisor will make every effort to comply with the provision of this section. In the evant that the bargaining un/t member does not have any aeccaed annual, compensatory, or personal leave they may request to use sick leave. 9.2: Court Leave/Jury Duty: (a) Bargaining umt members attending court as a witness on behalf of the City, any other public jurisdiction or for jury duty during their normal working hours shall receive leave with pay for the hours they attand court. The City of Sebastian Travel Policy will be used for travel expenses, excluding jury duty. All bargaining unit members subpoenaed to attand cou~t for work related ressa~ are eligible for leave with pay. Those bargaining unit members who become plaintiffs or defandants are not eligible for leave with pay, unless the court appearance is a direct result of their employment. (c) Bargaining trait members who attend court or jm-y duty for only a portion of a regularly-scheduled work day shall report to their supervisor whan excused or released by the Bargaining unit members required to attend court or jury duty while on a schedoled vacation may be allowed to take court leuve/jary duty instead of vacation leave for such period; provided the court attendance meets the requirements of this section. 13 (e) Regular full-time bargaining unit members required to attend court or jury duty on a scheduled day off are eligible to receive up to eight hours pay, if required, at straight time. Bargsining unit members who seek to be excused fixym duty under this section shall present official notice of their subpoena or jury duty notice to their supervisor at least twenty-four (24) hours in advance of the scheduled time unless the bargaining mdt nlenlber actually receives less than twenty-leer (24) hours advance notice). Bargalning uult members who are required to be absent for either reason shall submit documentation to the Employer showing all days and hours of cour,' leave/jury duty upon return to work. Consistent with existing City policy, the bargaining unit member shall remit to the Employer any and all compensation received for court lenve/jtay duty, excluding payment for travel and meals. 9.3: Conference Leave: The Employer may grant conference leave with pay, together with necessary travel expenses, for bargaining unit members to attend conferences, schools, and similar events designed to improve their efficiency, ff considered to be in the best interest of the Employer. All leave and expenses will be recommended by the Department Head subject to approval of the City Manager. 9.4: Family And Medical Leave (a) (b) In order to provide for lmintermpted coverage of the bargaining unit member's position, the bargaining unit member will notify his or her supervisor as soon as possible once they have knowledge of need for medical leave stating the approximate duration of the leave. Barg~inin§ mdt members may request a leave of absence without pay in accordance with the Family and Medical Leave Act of 1993 (FMLA). When a bargainiug unit member is determined by his or her physician to be medically ~mable to perform their normal job duties, the member may utilize accrued sick compensatory and/or annual leave dunng thek absence in conjunction with FMLA Leave. Bargaining mdt members may take a FMLA leave of absence without pay not to exceed ninety (90) days in a twelve (12) month rolling period for the birth or adoption of a child, to care for an immediate family member with a sodom health condition, or the bargainlnguult member's own sca-ions health conditien~ Additiomd leave without pay may be granted by the Employer based upon demonstrated medical necessity. 9.5 Military Leave The existing current City Policy pertaining to Military Leave will be followed for this Attiele. 9.6: Leave Without Pay The decision to grant a leave without pay (leave of absence) is a matter of management discretion. It shall be incumbent upon each Department Head to weigh and to determine each 14 (c) case on its own merits, including time off for CWA business. A bargaining unit member may be granted a leave of absence without pay for a period not to exceed one (1) year for sickness, disabihty, or other good and sufficient masons which are eousidered to be in the best interests of the City. (1) Such leave shall require the prior approval of the Department Head and the City Manager or his designee. Before such leave of absence will be granted, the bargaining unit member must exhaust all accrued vacation, compensatory and, ff appropriate, sick leave. (2) Voluntary separation fi-om City employment, to accept employment outside of the service of the City, shall be considered an insufficient reason for approval of a request for leave of absanee without pay. (3) If for any reason a leave of absence without pay is given, the leave of absence may subsequently be withdrawn by the City Manager, and the bargainin g unit member recalled to service. (4) A bargaining unit member granted a medical leave of absence must submit a written Doctor's note stating the length cfftime they will be out of work In addition, the bargaining trait member must keep the Department of Human Resources advised of his or her current address at all times. A copy of this written status report will be forwarded to the City Manager. If a Doctor's note is not submitted, the bargaining unit member will be considered as on an unauthorized leave of absence and appropriate disciplinmy action shall be taken. The bargaining unit member will be carded in a no pay status for all days that they are absent without medical authorization. (5) A bargaining unit member who obtains either part-time or full-time employment elsewhere while on an authorized leave of absence is required to notify his Department Head m writing within three (3) days of the acceptance of such employment or they will be terminated from city employing. (6) Failure to comply with the notification requirements will result in the bargaining unit member being dropped fi-om leave of absence status, in which case he/she must return to duty or be dismissed. (7) At least two (2) weeks prior to the expiration of the leave of absence, the bargaining unit member must contact the Department of Human Resources m order to fac'flitate the reinstatement process. (8) Failure by a bargaining unit member to return to work at the expiration of a leave of absence shall result in immediate dismissal from employment with the City. Under no circumstances shall the City contribute any funds towards the CWA pension plan while the bargaining umt member is on an unpaid leave of absence. During the time the bargaining unit member is ou leave without pay, the member will not accrue neither sick nor annual leave and accrual of seniority is suspended until they return to regular duty. 15 (d) A bargaining unit member on an approved leave of absence may continue to participate in the group health insurance plan, provided that all necessary premium payments are made by the bargaining umt member. It is the bargaining unit member's responsibility to keep ps,miata payments current. (1) (2) The insurance premium payment must be made by the 20th of the preceding month in which the payment is due. ff the payment is not made by the 20th of the preceding month in which it is due, coverage will be can~led as of the be~'nning of the delinque~ 9.7: Eligibility: If coverage is canceled during an approved leave of absence, it may be reinstated upon the bargaining unit member's return to active duty consistent with the plan's requirements. Only regular full-time and regular pm-time bargaining unit members are eligible for the, miscellaneous paid leaves provided by this Article. All such benefits are personal to the bargaining onit member and ~hall not be txansferable. 9.8: Personal Leave (a) Each regular full-time bargaining unit member shall be entitled to three (3) days of personal leave per year. Such leave is subject to Department Head approval. Probationary employees (new hire~) will not be entitled to use Personal leave time until they have completed their six (6) month probationary period. All regular part-time employees shall receive three (3) days of personal leave per year. Personal leave days will bo computed at one-half the rate of a regular full-time ~m~Jloyee or four (4) hours~ Such leave is subject to Department Head approval. Temporary and seasonal employees are not eligible for personal leave. Pm-time employees working less than forty (40) hot~s per pay period are not eligible for leave benefits. (c) Personal leave may be used in fifteen (15) minute increments. (d) Personal leave requires advance written request, except in emergency situations. ARTICLE 10 SICK LEAVE I0.1 Eligibility/Accrual of Sick Leave: (a) Only regular full-time and pm-time employees are eligible to accrue sick leave. Regular full- 16 time e~ployees will accrue sick leave at the rate of ninety-six (96) hours per calendar year or 3.692 hours per pay period. Regular part-time employees will accrue sick leave at the rate of forty-eight (48) hours per calendar year or 1.846 hours per pay p~iod. Sick leave will accrue bi-weekly over twenty-six (26) pay periods. Part-time employees will accrue sick leave based on a forty (40) hour pay period. This is at one-half the accrual rate of a full-time employee. Part-time employees working less than a forW (40) hour pay period are not eligible to accrue sick leave benefits. Eligibility: 1 Temporary and seasonal employees are not eligible for sick leave benefits. 2. New employees start to earn sick leave from their date of hire. 10.2: Request for Sick Leave: Any bargaining unit member who is incapacitated and unable to work shall notify his/her ;~n:ediate supervisor or designee within one (1) hour prior to his/her scheduled raper ting time, except in an emergency situatio~ The bargaining unit member shall state the nature of his/her incapacitation, its expected duration, and the expected period of absence. The baI~aining uint member shall repeat this procedure each day he/she is unable to report for work, unless excused by the Dapa nant Hca6 ff a bargaining unit member is abseat from work in excess of three (3) consecutive due to an illness, the member must submit a doctor's note to tho Department Head, or his/her designee, attiring to the omployecs ability to return to work with or without restrictions. 10.3: Use of Sick Leave: (a) Sick leave may be used for the following purposes: (1) (2) (3) (4) (5) (6) (7) employee ill health or; medical, dental, or optical lxeatment required during working hours; quarantine due to exposure to infectious disease; employee ill health while on anaual leave; in ennneefion with Workers' Compensation; for death in employee's immediate family; and illness of an immediate family member requiring the employee to remain at home. Whenever it appears that a bargaining unit member abuses sick leave, such as when a member eonsistemly uses sick leave immediately upon its being accrued or before and after holidays or weekends, the member shall be required to furnish a doctor's note verifying that the member was medically unable tn report to work on those days. Failure to provide such notice will result in no pay for the day (s) in question. (c) Sick leave may be used for absences due to illness or injury sustained while engaged in outside employment. (d) Bargaining unit members may not use sick leave during their first sixty (60) days of employment. If an employee resigns or is otherwise terminated during the first six (6) months 17 11.1: probationary period, he/she will reimburse the City for all sick leave used by deducting the cash equivalent ofhonrs used from his/her final pay check. Upon separation fi.om employment in good standing (resignation or mfiremce~ with a two-week notice or medical separation), a bargaining unit member is eligible to be paid for apereentage of his/her arxaued balance of sick leave up to a maximum of 600 hours. The percentage is as follows: ff separated before completing first year - 0% 1 - 5 completed years of service - 25% 6 years to 10 completed years of service - 50% Over 10 ,vears completed years of service - 75% Every bargaining unit member entitled to sick leave benefits and who has been employed for one ( 1 ) full fiscal year and who does not take sick leave during a fiscal year (October 1 st through September 30th) shall be given one (1) day's pay to be added to theft'paycheck during the first thll pay period in December. Such bargaining unit member shall also he givan his/her birthday off with pay, subject to the individual departments work schedule, ffwork requirements do not reasonably permit the bargaining unit member to take time off from work on his/her birthday, or if the birthday falls on a holiday or a mgolar day off, some other mutually agreed upon day near the bargaining unit member's birthday may be taken offwith pay. Once a bargaining unit member accrues 360 hours of sick leave they may at their option convert fifty (50%) percent of any unused accrued sick leave in excess of 360 hours tn anaual leave on September 30 of each fiscal year. Bargaining unit members who elect not to convert their sick leave, will retain their sick leave benefit as currently provided in the contract, ffthe bargaining unit member is at the maximum vacation accrual on September 30 of each fiscal year, the sick conversion process cannot be allowed. ARTICLE 11 ANNUAL LEAVE Eligibilitw: Only regular full-time and regular part-time bargaining unit members are eligible to accrue paid annual leave. Probationary employees will be allowed to use accrued armual leave at the approval and discretion of their immediate Department Head or his/her designee. Tempora~ or seasonal employees are not eligible for the accrual of annual leave. 11.2: Rate of Acerual: Annual leave is earned on a pro-rata basis. The bi-wcekly pay perind is divided over twanty six (26) pay periods. Fall-time employees will acenle annual leave based on their years of service with the agency. The accrual rate for regular part-time employees will be at one~halfthe acxaml rate of a regular full-time employee with the same number of years of service. Part-time employees who work a minimum of forty (40) hours per pay Period will acerue annual leave. (see rate schedule below). To clarify the rate at which an employee accrues annual leave the 18 following tables will be used. Temporary and seasonal employees are not eligible for annual leave benefits. Part-time employees working less than a forty (40) hour pay period are not eligible for annual leave benefit~s. Table #1: Full Time Employees L~gh of Ser,.4ee Bi-weekly Accrual Rate 1 Year but less than 5 Years 3.077 hours 5 Ye~ t~.~ !~s ~h~- 10 Years 4.6!5 henrs 10 Years but less than 20 Years 6.15 hours 20 Years and over. 7.69 hours Annual Leave Hours Earned $0 hours (10 working days) 120 hours (!5 work/rig da~) 160 hours (20 worldng days) 200 hours (25 working days) Table #2 Pert-Time Employees L~gth of Servi~ 1 Year but less than 5 years 5 Years but less than I0 Years 10 Years but less than 20Years 20 Years and over Bi-weekly Annual Leave Accrual Rate Hours Earned 1.54 hours 40 hours 2.31 hours 60 hours 3.07 hours 80 hours ~o.o~°~ h~,-ars I00 hours 11.3: Request for Annual Leave A r~aest-- for amy. ,.m! leave shall ~ ~alimi~ed, in writing, m the bargaining ,.mit member's Department Head. request_ for !eax~ shall" n~ ~ ~:anted W the ber,,aiin-,, ,,,,it membff lias no ac-~med balance of annual leave. 2Dae minimtm,~ ch~ge a~_inst Lhe aceru~ ~_nnual !e~e bflance is fi~een (!5) ..~,_inutes. Fig__-en (15) minutes shall be deducted fi.om a bargaining umt member's accrued leave balm~ce for each minute hour, or part thereof, that a bargaining unit member is actually abseat from his/her duty (d) Annual leave may not be taken in advance of its approval by the Department Head. In an emergency situation m annual leave may be used o~ly with the approval oftbe bargaining trait memb~s_~ dep_~rm_.~at ~ad ~ d_~i~_~. (e) Except under unusual circ, mqances, Dep~u haent Heads shall approve or disapprove a vnStten leave request, within five (5) wort~g d~ys at, er .meeipt of said requ~-. (f) Annual leave shall not be used in advance of its being earned. 19 11.4: Use of Annual Leave: (a) Annual leave may be used for the following purposes: (1) (2) (3) (4) (5) vacation; absences from duty for transaction of personal business which cannot be conducted outside of working hours; religious holidays not designated as official holidays; medical leave if sick leave balance has been exhausted; and any other absences not covered by existing leave provisions, at the discretion of the Employer. (b) Any bargaining unit member who becomes ill while on annual leave may substitute accrued sick leave for annual leave for the period of illness. The bargaining unit member must submit a written request to the appropriate Department Head along with, medical certification from the atmnding physic'mn as to tho nature and duration of the illness. (c) Bargaining unit members will not be allowed to carry over fi.om one fiscal year to the nexl more than two (2) years' worth of accrued annual leave. If during the year the bargaining trait member accrues more than two (2) years ' worth o f anmlal leave, they will have until the last full payroll period in the fiscal year to bring their time balances down to the two (2) year maximan~ If the bargaining unit member does not bring the time balance down to the two (2) year maximum by the last full payroll period of each fiscal year, they will forfeit all hours in excess ofthotwo (2)year maximumearryover. Annual leave will continue to accrue beyond the limitations sbt forth above when a Depallmgnt Head fails to gram anmutl leave when requested in writing by an employee under the provis~ons of this article. Proper documentation signed by the bargaining unit members depat~uaent head will be forwarded to the Finance Department where it will be kept on file indicating the reasons for not granting the requested leave. When a bargaining umt is out of work on approved mmual leave and is called to work during their normally scheduled working hours, their leave banks will only be reduced by the mrrnber of hours they were offwork The bargoining unit member's rate of pay for hours worked will be the overtime rate of 1 ¼. If the bargrtinlng unit member works beyond the normally scheduled hours, then overttme provisions will apply for those hours. At no time will a bargaining unit member earn time and one half for call back during the normally scheduled hours, then another time and half (for a total of 3x) for working over 40 hours in the work week. 11.5: Separation fi.om Emplowaent: Upon retirement, resignation, or other separation fi.om City service, all regular full-time or regular part-time bargaining unit members .qhall be entitled to be paid for all of hisfaer unused accrued balance of annual leave at the rate of pay received by the bargaining unit member on his/her date of separation. 11.6 Vacation Cash-in: (a) Bargaining Unit Members will have the option of cznhing in up to (40) forty vacation hours per year if the following requirements are met: 1. The bargaining unit member has a minimum balance of 40 hours after the cash-re. 20 12.1: 12.2: The bargaining unit member took at least 40 consecutive mmual leave hours offdarin4g the previous year. Holiday hours do not count towards the 40 hours. · 0· Request for cash-m must be submitted to the Hnman Resources Department by September 3 of each year. Payment will be made the first paycheck issued in December. ARTICLE 12 GRIEVANCE PROCEDURE The procedure set forth in this A~icle shall be thc exclusive method for resolving CWA and employee grievances. Grievances are defined as disputes concerning the interpretation or application by the Employer of the terms of this Agreement. Oral reprimands are not grievable. Most grievances arise fi.om misunderstandings or disputes which can be settled promptly and satisfactorily on an informal basis at the immediate supervisor level. The Employer and CWA agree that every effort will be made by management and by the grievant, or grievants, to settle grievances at the lowest level possible. 12.3: General Provisions: 12.4: (a) All references to days in this procedure are to calendar days. If the last day of any applicable time period is a Saturday, Sunday or holiday, the deadline is automatically extended to the close of business of the next working day. (b) Time is of the essence in this procedure. Although any thne limit may be extended bY mutual written agreement of the grievant or the CWA and the Employer, the failure of the grievant or the CWA to observe the applicable time limit shall constitute an abandonment of the grievance, absent a mutually agreed extension~ Procedure: Within seven (7) days of the incident giving rise to a grievance, the grievant shall explain and discuss the grievance orally with his or her immediate supervisor, who may call higher level supervision into the discussion in an effort to achieve a prompt satisfactory adjustment. The immediate supervisor will notify the bargaining unit member of his/her decision within seven (7) days of the date of the discussion with the bargaining unit member, ff the grievant is not satisfied with the immediate supervisor~s decision, or ff no decision is co~Lunieated to the bargaining unit member within the allotted time period, the bargaining unit member may appeal to Step 2 within seven (7) days of the due date for the Step 1 deeisiom Step 2. Step 2 is initiated by the bargaining enit member filing with his Depaxtment Head a written grievance on the smudard gaievance form, attached as Appendix C. The Depamne~t Heed shall schedule a meeting with the bargaining unit member within seven (7) days of the submission of the written grievance. Within seven (7) days after the Step 2 grievance meeting, lbo Department Heagi shall issue a written decision concerning the grievsuce, fftho grievant is not satisfied with the Department Head's decision, or if no decision is issued within the time allotted, the grievant may appeal to Step 3. 21 !2.5: Step 3. Within seven (7) days. following the date of the Step 2 decision or the date on which it was due, whichever is earlier, the grievant may file a written appeal to the Human Resources Director, attaching all applicable ~odo.~anee docmnents. A grievance meeting shall be sch~-Aed within seven (7) days following receipt of the Step 3 appeal. At such meeting, the grievant may present evidence and argument in support of the grievance. Within seven (7) days of the grievance meot;~ Jmg, or .,Mthin seven (7) dmds of the r~eipt of the Step 3 appeal if no grievance meetlmg is held, the Human Resources Director shall issue a written decision concerning the grievance. Step 4. Wit. bin seven (7) d_~.?s fo!!owing the date of the Step 3 ded'sion or the date on which it was due, whichever is earher, the grievant may file a written appeal to the City Manager. The City Manager will review all pertinent information and schedule a hearing including due process for name c!em~mg hea.hn~ and_~_~;~,,~' _~ ,~;~on_v~ ........ wit;,in seven. (~,., _dm,s~ ,,f they hem4',,o_~ ,,~_. seven (7) days of receipt of the Step 4 appeal. If the issue falls within the range of minor disciplinary action, i.e., any discipline less than suspension without pay, the City Mauegegs decision shall be final and binding upon the Employer and "~"-v~ .... th~ grievant, h! ~ e~ other than minor discipline and pea-fonuence evaluations, if the grievant is not satisfied with the Step 4 decision, ~ CWA may invok~ the arbi~ation pmeed,~e of Step 5. Step 5. The CWA may invoke arbitration by sending written notice to the Employer within fifteen (15) days of the date the Step 4 decision was issued or the date on which it was due, whichever is earlier. Invocation of arb~_afion !~:, the CWA will not p~'~!ude ~tlement of the gfiLev~oce at an,v time prior to the iss, anc~ of an arbitrator's award. The parfi'es wilt attempt m ~ ,..,pon a mutuals-agreeable impartial arbLwa_.or. If, however, ~ cannot be done within seven (7) days following the Employers receapt of the CWA's request for arbitration, representatives of the Employer and the C WA shall jointly submit a written request to the Director of the F~.-~-~ Mzdiation and Conciliation S~..4ce (..'.'.'.'.'.'.'.'.mM. CS) for a ~. of sev~ (.7) ~ _arlii~tom. Upen receipt of the list, representatives of the Employer and CWA shall meet within ten (10) days and, begirming with the CWA, each shall alternately strike, one at a time, until only one (1) name remain~ on the ~. Tim ~pers.~on whose n~.e ~ on the lia shall be ~the arbiU-ator, and*.he p_~des shalljoint!y notify the arbitrator of his/ller selection. Either party may object to all names on the list, provided that objection is made prior to the commencement of the striking process. If this happens, a second joint reque~ for a hst will be ,,~,t~ 12.6: All arbitrations arising under this Agreement shall be conducted m accordance with the following rules: The arbi~ator shall have jurisdiction and authofigz to &~ide a grievance pmper!y before hLm. Co) The arbitrator shall have no authority to change, amend, add to, subtract from, ur otherwise alter or supp!_~ment tbLs A=~eement or ~ part thereof or any a, nana~em thereto. (c) The arbitrator may not issue declaratow options and shall confine himseltTherself exclusively to the question which is presented to him. The arbitrator shall not have the authority to dct~s ~fine any other isles not submi~ed to biota. (d) Except in thc case of termination as disciplinary action, the arbitrator shall not substitute his/her jud~ent as to the wisdom or the degr~ of severiB~ of disciplinary acqJ2c~ imposed on amy bargaining unit member by the Employer. The arbitrator's mqui~.- shall be limited to whether the Employer possessed evidence of misconduct before imposing the discipline ultimately hnposed. Iv. the event of tb~ arbitration of a ~i~,ance arising out of the discharge cfi a bargaining umt member, the arbitrator is empowered to either sustain the disdmrge or, if be/she does not, he/she is empowered to reinstate the bargaining unit member with m' without back pay, in whole or in pm't, as the 6xc,.nnmmces warrant, g_.-y awa.,d of back pl~..r sba!l! be ..reduced ~ any unemployment compensation or other compensation the bargaining unit membermayhave The fees and expenses of the arbitrator will be paid by the losing party. Each party shall bear the cost of its own witnesses and representatives. Any party requesting a transcript will bear its co~, ,,_tfless otherv..~se a~-~. Copies of the Arbitrator's award, made in accordance with the jurisdictional authority under this Agreement, shall be furmshed to the parties within thirty (30) days of the hearing, unless the p~,'des ,mutually ~e_e m -.~xt~.~,~d *-~ O_me ~mit, and sha~ be final and binding on both parties. 23 APPENI)IX C GR~VPM*'~CE FORmal (Type or Print Clear~ Ln ~_k) N~_ .IV~ OF DA_TE_ GR!EV~_NCE OCCL~m. RED: A. Give Article(s) and Sections(s) of Contract which Grievant claims were violated: B. State concisely facts relied on by Grievant: C. State relief requested by Grievant: Signature of Grievant Signature of Union Representative Date Submitted 24 ARTICLE 13 HOLIDAYS 13.1: The following shall be paid holidays for all regular full-time and part-time of the City: 13.2: 13.3: 13.4: 13.5 New Year's Day Martin Luther King Jr. President's Day Memorial Day Indepeadenee Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Day Christmas Day Generally, when a holiday falls on Saturday, the preceding Friday will be observed as the holiday. When a holiday falls on a Sunday, the following Monday will be observed as the holiday. However, on eeeasious, another day of observance may be more appropriate; in such instances, the City Manager will establish the date and will notify all bargaining unit members in advance. For Communications Teelmieians, Holidays will be observed on the actual Holiday. Comm~mication~s Techuleians or other employc~s not scheduled to work the holiday will n~eeive 8 hours of pay not to be counted for oveCdme calanlafion. For e~cample, if an employee is scheduled Tuesday thru Friday and the holiday falls on a Monday, the employee would receive 8 hours pay for the holiday. The holiday pay would not to be included as hours worked for the purpose of overtime calculation. No regular full-time or part-time bargaining unit member shall receive pay for a holiday unless he/she is in an active pay status or actually works his/her normal work schedule on the work day immediately preceding and the work day immediately following the day on which the holiday is observed. For purposes of this Article, "active pay status" means any approved leave with pay. For holiday purposes, a holiday is defined as eight (8) hours for regular full-time bargaining trait members and four (4) hours for regular part-me bargaining unit members. Holiday time for regular part-time bargaining trait members will be computed at one-half the rate of avegular full-time bargaining unit member who works an eight (8) hour day. If a bargaining unit member works on the day of a holiday they will have the option of requesting overtime for the hours worked at the time it is earned or request compensatory time in lieu of pay. The bargaining unit member must notify their immediate supervisor in writing of their option no later than the last work day before the holiday. If the option is not presented to the supervisor on or before the last work day before the holiday, overtime pay compensation will be used. A. Temporary and seasonal employees are not eligible for holiday leave time. 25 B. Employees working less than forty (40) hours per pay period are not eligible for holiday leave benefits. 14.1: 14.2: 14.3: 14.4: ARTICLE 14 PROMOTIONS~ TRANSFERS AND ADJUSTMENTS Any bargaining unit member who fulfills all applicable requirements for a~otber classification with a higher rate of p ay may be promoted to that position. Vacancies in positions above the lowest rank in any classification will be filled, as far as practicable, by the promotion ofctul~t bargaining unit members. To this end, all promotional oppommities will be advertised in-house for ten (10) days. A bargaining umt member whose last performance rating was less than satisfactory is ineligible for promotion. When a bargaining unit member is promoted to a higher Crrede position, his/her new rate of pay shall be Step 1 applicable to that position. If the bargaining unit member's cmmat salary is higher than the Step 1 rate for the position to which promotion is made, the bargaining unit member shall seoeive a two step inerease in pay from his/her current rate of pay. Subject to the approval of the City Manager, a greater promotional increase may be recommended by the Department Head. b) When a bargaining unit member is adjusted to a lower paid position (voluntarily or through disdplinary action), be or she will take a 3% reduction in pay per Grade_to the closest step in the newjob range, hino case will the salary be higher than the maxtmum rate or lower than the Step 1 for the lower classification. The effective date of a bargaining unit member's demotion or promotion to a new job classification ~hall b~ the bargaining unit member's new classification annivel~ary da~ for the purposes of classification seinority determination. The bargaining unit member mnst serve a six (6) month probationatyperiod in the new job classification. If at any tmae during the probationary period, the bargalning unit member is found to be unqualified for tbe position or incompetent to perform the duties of the new position, he or she shall be returned to the position from which the transfer/promotion took place at their former rate of pay. If no vacancy exists, the bargaining anit member shall be laid offin accordanee with tho provisions of Article 8. A bargaining unit member may be transferred between departments when a vacancy exists in the same classification which is presently unoccupied. Such a transfer does not affect a bargaining unit members pay grade, pay rate, or anniversary date, but is subject to the following conditions: (a) The transfer must be approved by the affected Deparmaent Heads and the City Manager. The bargaining unit member must serve a six (6) month probationary period in the new assigned (c) ff at any time during the probationary period, the bargaining unit member is found to be unqualified for the position or incompetent to perform the duties of the new position, he or she shall be returned to the position from which the transfer took place ff there is a vacancy. If no vacancy exists, the bargaining unit member shall be laid off in accordance with the provisions of Article 8. 26 14.5 The City and the CWA agree that when there is a critical need for a bargaining unit member to work (operate a piece of equipment) in a higher job classification, such as a Maintenance Worker I filling in for a temporary period as a Maintenance Worker II or a Maintenance Worker II filling in for a Maintenance Worker 1]I, the bargaining unit member will receive the greater of a 3 % increase to their regular hourly rate of p ay (or S rep 1 of the acting Grade).for each hour of work preformed at the higher classification. A tempora~ assi~m~nent means filling-in for another bargaining unit member who is on vacation, ill, has incun'ed ajch related injury, on FMLA~ in Iraining or absent fi-om work for any other legitimate reasc~ Temp~ oa y assig,,,,,ents must be for three ( 3 ) consecutive days or more. The bargaining unit membo' who is wet, rig in the temporary higher job classification will reeeiv¢ a 3 % increase in pay (or Step 1 of the acting Grade )_for all lime worked ~ the third consecutive work day in that assignment. Requests for any temporary upgrades must be submitted by the immediate Department Head identifying the need for this position being fi[lad and must be approved by the City Manager. Equipment Schedule: 1) Maintenance Worker I - Will operate all equipment except, excavator, dozer, and long arm mower. 2) Maintenanee Worker II - Will operate all equipment except for excavator and dozer. 3) Maintenance Worker ltl. Will operate all equipment. Effective October 1, 2001 all Maintenance Workers who me assigned to the Public Works Depar~ent, mad as a result of their position classification requiring them to have a CDL licanse will receive a two (2%) percent increase added to their base pay. This will be a one-time adjustment to Grandfather-In all Maintenance Workers who are employed by the City prior to October 1, 2001. All new employees (Maintenance Workers) who are hired after October 1, 2001 will not be eligible for thc two (2%) percent increase. (0 The Department Head, with the City Manager's approval, may, in writing, assign a bargaining umt member to a supervisor job classification for a temporary periocL The affected bargaining unit member working a period of (3) three consecutive workdays or more shall receive a two- step increase (or Step l of the Grade, whichever is greater). The bargaining uint member willbe entitled to receive the salary increase for each day worked and all hours worked while in that temporary classification once the (3) three-day rninlm~ml has been met. Bargaining umt members who are required to maintain a valid Commercial Driver License (CDL) will be responsible to pay the cost of the renewal of their own driver's license. The City will pay the bargaining unit member the differenee between the base driver's license cost and the CDL License and any of the endorsements which the City requires of the bargaining unit member. Effective loll/05, to promote serf-improvement initiatives the City agrees to pay bargaining unit members obtaining an aecreditad certification m their respoctive field an incentive pay. Once earned, the payment will be paid on a bi-weekly basis over 26 pay periods. It is the employee's responsibility to notify the City fftbe certification is current or expirad. Certifieatious eligible for payment include, but 27 not limited to the following: ASE Automotive/Med./Heavy Truck certifications - $30 per certification, capped at $120 per year. Auto Technicians that obtain a Master's Technician designation will be eligible for $500 annually. Professional in Human Resources - $120 annually. Building Inspector Certifications - $50 per certification, capped at $250 annually. Building Inspectors that obtain the Chief Building Official designation will be eligible fur $500 anmmlly. Insecticide spray heense (one per department/division)- $120 anmmlly. Asseciates Degree from an aeeredited college - $500 annually. Bachelor's Degree from an aecredited collage - $750 annually Other certifications may be submitted for consideration for Incentive money. Upon approval of the Depa,'tment Head, Human Resources Director, and the City Manager, a dollar value consistent with the above scale will be established. ARTICLE 1S GROUP INSIFRANCE 15.1: During the term of this Agreement (October 1, 2003 - September 30, 2006), the g. mployer agrees to pay the premium during the term of this contract to provide continued group insurance cove~tge to all regular ill]l-time bargaining unit members. 15.2: In the event that the premium rate for dependent group bbsunmce coverage incxeases, the Employer agrees to notify the CWA as soon as is practicable. The CWA agrces that the Employer may, at its discretion, obtain substitute insurance coverage from another cartier or reqnlre each covered bargaining unit member to contribute bbs pro rata daare of the increased premium cost for depeaxlant coverage, whichever may be applicable. In the event that the earner increases the premium rate for dependent group insurauce coverage the parties agree to abide by Section 15.3 oftbbs Article. 15.3: Any full-time qualified bargaining unit me~nber who elects to participate in the group insurance dependent coverage option plan will pay fifty (50%) percent of the cost of the p~ enfium. Any additional supplemental insurance that is optional coverage to the bargaining unit member and that member elects to purchase such optional coverage will be paid for in total by the member. 15.4: The City agrees to pay fn~y (50%) of the costs of single ceverage group (health only) insurance for up to two (2) years for qualified bargaining unit members who retire fi.om the City afire being employed by the City for twenty (20) years in a full-time capacity. ARTICLE 16 RETIREMENT CONTRIBUTION 16.1: Effective April 29, 2001, the Employer agrees to contribute to the CWA/ITU Negotiated Pension Plan (hereinafter sometimes refen-ed to as the Plan) nine (9%) of a bargaining unit member's annual gross earnings for each employee covered by this Agreement, for purposes of providing pensions on r~ent, death benefits, and other related benefits for covered employees of the Employer and other conUibutingEmployers. The Planisjoinfly edmini.~teredby Trustees appoimed in equal numbers by the 28 16.2: 16.3: 16.4: t7.1: 17.2: Umon and Employers under an Agreement and Declaration of Trust, and has been found by the Internal ?_~v. ~ Se,miee to be _,a~6..'t!ed to exemption under the Lnternal Revenue Code. Conm'bufions shall be paid to the CWA/ITU Negotiated Pension Plan, P.O. Box 2380, Colorado Springs, Colorado 80901, no later than the 15~ of the following month, together with reports on forms to be furnished by ~ Plan orthe empL/~_r's prnitout, ffin ~n acceptable format. During the effective period of this Agreement, this benefit will be paid monthly over a twelve (12) month pea-led which will continue for the "~e of thc Plan. Title to all monies paid into the Plan shall be held exclusively by the Trustees in trust for use in prox4~g the B~ts onder the Plan ._nd paying ~ expenses. The Employer recognizes that in addition to the umon's right to enforce this section, the Union shall have the fight in its discretion to take any legal action necessary to collect any coutributious or monies due -_qd c-~. '.ag to the Plan and to secure_ de~finqueut ~ports. The Employer ~ agrees thut the Union shall have the right to collect reasonable attorneys' fees and ex~penses inenired in connection therewith. The Employer shall supply to the shop steward (chapel chairman) the union representative's copy of the Negotiated Pension Plan employer report forms or. a co~.~ of hthe Employer's printout forms on a quarterly basis. Only regular full-time bargaining unit meanbers are eligible for inclusion in the CWA/ITU Negotiated Pension Plan_ New re~ar fi,.tl!-~ _~mployees are eli~b!e for en~/into tbJs P!~ as of the first day of the n_.ext, fi~! p~, period following sixty. (60) d~s f~om the~ date ofhL~. ARTICLE 17 PERFORMA2~TCq,Z'~ EVALUATION Purpose: The purpo~ of the Ci~, of Sebastian v-~ea'form~e ape---,raisal progr~, is to provide a eousisteut practice of establishing written goals and evaluating the performance of the bargaining trait member. It is needed to help measure, improve, and reward bargaining unit member performance, to assist departments and the ag~c3, to meet th_,4~ goals. Definitions: .aamuat P .efformance Appraise. The._ barg-in~g unit member's p-~a'fovnanee is ~t, praised by the sUPetmsor no later than the first day of the month of hisPaer classification date each year. The Period of appramal is the period of time since the bargaining unit member's last performance appraisal. Special Performanee Appraisal. Special appraisals are performed by the supervisor anytime during tbe year for special ~asons; i.e. change in pay, promotion, _~ansfer, reassignment., etc. 29 17.3 Policy: Super~. ds~s are to administer, a bargaining unit member performance aprm'alsal annually: and spedal performance appraisals more often, as appropriate. The performance apprmsal consists of evaluating previously agreed upon goals and objectives. Tho appraisal is to be nsed ns a management toni to a.sSkS~, motivate, ,_m- d ~ _owenb:n. hen ~e barg_~ining ,anit member. M~_nagers will also nsc the performance --lJiJi~isal to help determine compensation, employee development and promotion. Where there is a difference of opinion concerning a performance appraisal between the supermsor and the hargaining unit memher, the bargahamg m~fit ~omber mil have the opportunity to ~press their differ,races ha~_,/riling m ~ ~qg>arvisor and the supervisor's evaluator. If tho issue has not been resolved at this level, the bargaining unit membar may activate the employee grievance procedure. Bargaining umt memhers rated unsatisfactety are not e!i~ble for a ~ep haerease. Bargaining trait member's who mc_6ve en unsatisfae*~, rating for two (2) consecutive rating periods of any type may be t~m,inated from employment for cause. !7.4: Statement of Phi!osophy: Both the Ci.ty of Sebastian and the CWA believe that the p~ of the performance appraisal system hachades *.he following: a) to clarify both managoment's goals for the position and the bargaining trait member's goals; b) m mo~tor the bar~ining mt m_.om, ber's aehiev~er,,...on*.~ -~.d to r~/iew areas of n~d~ /mprovement; to make recommendations for/mprovement and establish time flames to achieve the reco~ ,,~.~tded improvements. c) to facilitate communication between supervisors and bargaining unit meanbers about the m_.ombers job duties and estabfish a fr_~__~'work for open, eov_qmcfive feedback; d) to encourage and develop time line plans for bargaining trait member development, g~owth and Lmprov~.om~t. 17.5: Employee Appraisals: of Sebasti~ p~o~m ev~uafion fora. B~g ~t mm~s sh~l ~ ev~ by ~ approphate a~ini~tiat~/sup~s~. B~ga~g ~t ~s s~H be ~vm a mnimm ~ (3) ,~_~... a~,~__:~ notice prior to t~ evahiafi~ ~g. At ~e ~ of~h a~r~al, t~ b~g~ng mt mm~'s sp~ific job d~es, job description, md p~o~ sh~l be revi~v~ ~ bo~ &e b~g ~t mmb~ ~d ~e mpems~ m ~s~s pa~ ofp~m~ f~ ~ p~ y~ ~d e~ ~ r~mm~d~l~nri~rmr~tforth~'mC~ino'r~ Ea~ b~gnining ~t ~ ~ ~ fi~ te ~ ~m~ m~ reg~g ~e p~m~ appr~s~ on ~e p~o~ ~pr~s~ fo~ at ~ ~e of ~y ~i~v, ~d mbs~y ff ~y ch~g~ ~e made. ~e b~gaining ~t mm~'s h~m on *~ p~o~ce appr~s~ f~'m si~fies ~at ~e p~o~ce ~3s~ h~ ~ r~ ~ ~e b~gmg ~t mmb~, but d~s not si~i~ ~t ~ b~gaining ~t mmber a~ms m~ ~e ~. Each bargainhig ,_mit member shall hm~,e the .fight to s~ ~ ehanges~, deletions, or addltio~ m th~ performance appraisal made by the immediate supervisor, a higher supervisor, department head, or administrator. Such chenges shall be discnssed with the bargaining uint membex. The bargaining unit member shall be provided with a copy of the completed performance appraisal once it has been signed by ail parties in the chain of covamand. Tho performance appraisal shall be placed in the bargaining unit member's official persomael file. Any appraisals which are not in the official file shall not be part of the official record of the bargaining l~lit member in considering discipline or future performance reviews. Bargainin§ unit members have the right to review their official personnel file upon end with proper notification. Under no circ. mntnnces shall supervisors use the performance appraisal as a substitute for disciplinary action~ 17.6: Probationary Period: 18.1: 18.2: 18.3: 18.4: 18.5: Each bargaining unit member selected to fill a vaceney for a continuing position or a tempormy posted position shall serve a probationary period (as stated in Article 14) which is an extension of the sdeefion procedure. The probationary period is to give the bargaining unit member an oppommity to ~te his or her ability to perform the duties of the position. The City may extend the probationary period for up to six (6) month~ beyond the classification date in order to allow the bargaining unit member the opportunity to corrcet deficiencies in his or her performance. Any absences without pay and absences covered by Worker's Compensation shall automatically extend the probationary period in ae¢ordenee with Article 8. The City and the CWA agree to continue meeting with the established Joint Safety Commil;teo to ensuro continuing, on-the-job safety in the performance of public services. The Committce shall be chaired by the City Manager, or his designee, and up to three (3) members will be selected by the City Manager and up to three (3) members selected by the CWA. The Safety Committee shall meet regularly, as it may determine, to consider methods ofmalntalnUl' g and improving job-related safety. The Committe~ shall make rceommclldations by a majorityvote for safety maintenance and improvement, which shall be given due consideration by the Employer. Written response must be made by the City Manager to the committee within twenty calendar (20) days ofrceeipt of any written requests made by the Safety Committee. Such requests will be approved by the majority vote of the Safety Committee prior to being submitted to the City Manager. The Employer and the CWA recoEni?e the mutual responsibilities of management and bargaining unit members to promote a safe work place end agree to cooperate in maintaining City equipment end facilities in safe conditions. The Employer agrees to make copies of the City Safety Menual available to all bargainlng nnit members to review. Any bargaining unit member who as a result of en act or by way of their own negligence end/or in wNation of established safety standards and policy of the City eanses damage to, or desttuefion of, property of the City without substantial justification or excuse shall be subject to disciplinary actic~ up to end including termination. Additionally, the bargaining unit member may be liable for up to the full cost ofreplacement or repair oftbe damaged or destroyed property. The provision ofArtiale 19, Section 31 19.1 will apply. Safety Glasses: With the prior approval of the bargaining unit members Deparanent Head, the City shall pay for one (1) pair safety glasses. Where prescription safety glasses are needed, the bargaining unit member, in conjunction with the City's Vision Care Plan, shall receive ~ --ye examination not more than once every twelve (12) months. The bargaining uni£ member shall pay the deductfole to the doctor for the eye examination. The City shah pay for the cost of the first pair of safety frames and saCety lenses for those bargaining unit members r~ired to wear prescription s af~.~ glasses not m exceed one hundred ($ 100) dollars. The City will also pay for the replacement of safety lenses due to on the job breakage or prescription changes, as needed. An incident report must accompany this request which details hmv the b~-ka~ ~cu..rmd. The report must be s/gned by the bargaining ,.mit member's immediate supervisor before being submitted. If the breakage was a result of the bargaining unit member's ueghgence, the member will pay the full cost of the replacement. Additionally, the bargaining unit member m~, be liable for up to the full east ofreplaeem_.~'nt.. ~ ._repair of the damaged or destroyed property. The provision of Article 19, Section 19.1 will apply. ! 8.7: Worker's Co,-...p~sation: Any regular full-time employee who sustains a temporary disability as a msutt of and arising out of employment by the City as provided by the Worker's Compensation Law of the State ofFlofi&t, ~hall, in addition to the banefits paysb!e unnder the Worker's Compensetion Law be entitled to the follow,g: During the fa'st eighty (80) working days of such disability, the employee shah receive net supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation £ndemm. ity p~n_~t.~. Thereafter, the employee may utilize any accrued sick or annual leave in order to receive supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation ~,Jd_mnnL%y pa~--~..t nn~ such mnnua! ~ hc.k !~ve is exhau~ed. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of absence /f any employee, due to an on-the-job injury, is temporari~ or partially disabled fi.om performing the duties of his/her classification, but is determined to be able to perform light duty by a physic/an d~i~_.at~._ by the CiB,, the employee mw:~ be req,~ed m p-~l;orm s,~h du~.~, or !~e the employment connected disability leave supplemental benefits. Assignment to light duty shah be conmdered a temporary assignment, without reduction in pay. Such a reassignment shall be to other dt.~es co.-,_m..~_~,.tr~e with m~cal and mental fim~s, subject m availability of ~mitab!e work, and the employee's qualifications for the position. However, an employee shall not be permitted to continue in a light duty position alter reaching his/her maximum medical kmprcwement. Any employee who suffers an employment connected injuxy may be required by the City to be examined every twenty (20) working days by a medical doctor, specified and provided by the City, who shall det~ ~ine the r,~,loyee's condition and fimess for full or partial remm to duty. No employee will be entitled to employment connected with disability leave with the benefits described herein ff the injury suffered has been determined to have been the result of intentional sell-infliction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. While receiving employment counected disability benefits, an employee shall be anfifled to all benefits which he/she would normally receive pursuant to his/her employment with the City. 18.8: Work Boots/Shoes: 18.9 (a) The City will provide those bargaining unit members required to wear safety hoots/shoes as a pan of their job function one hundred ($100) per fiscal year. This will become effective October 1, 2001, payable to the bargaining unit member the first full pay period in October of each year. Any bargaining unit member receiving this benefit will be required to went the safety boots/shoes at all titn~ while performing their City job functions. If an employee be~n~ employmem after the first full pay in October, the boot allowauce will be prorated by $8.33 per month. Safety boots/shoes must meet the requirements as established by the deparunent. The City will also pay for the replacement of safety boom/shoes due to on the job damage caused as a result of an accident. An incident report must accompany this request whichdetails how the damage occurred. The report must be signed by the bargaining unit member's immediate supervisor before being submitted. If the damage was a result ofthe bargainin$ unit members negligence, the member will pay the full cost of the replacement and may be subject to disciplinary actions as stated in section 18.5 of this Article. If the bargainin g unit member provides medical documentation signed by an attending pbysieian stating that they cannot wear the safety boots/shoes due to a medical condition they will not be required to wear the safety boots/shoes. The bargaining unit member will also be exempt fxom the benefit provision as stated in section 18.8 (a) of this Article and will not receive the $100 anmlal disbursement for safety boots/shoes. If a bargaining unit member is provided work boots/shoes and the bargaining unit member does not complete the six (6) month probationary period for any reason, the cost of the work boots/shoes shall be deducted from bargaining unit members last pay check which will reflect the actual expense incurred by the city for the purchase oftbe work boots/shoes. ARTICLE 19 DISCIPLINARY ACTION 19.1: Disciplinary action may be taken against any employee for just cause. 33 ARTICL~ 20 SALARY 20.1: Ehgible bargaining uint members shall receive a 2.5% increase to their current step effective October 1, 2003. 20.2: Effective October 1, 2004, the City will provide all bar§alning unit members with a pay increase of 2.5% percent added to their base salary, i.e., excluding longevity, supplemental or any additional pay. 20.3: Effective October 1, 2005, the City will provide all bargaining unit members with a pay inc~r~ase of 2.5% percent added to their base salary, i.e., excluding longevity, supptemantal or any additional pay. ARTICLE 21 SUBSTANCE ABUSE TESTING The City's Policy regarding Substance Abuse Testing that is currently in effect-will be followed for the life ofthis Agreement. ARTICLE 22 UNIFORMS 22.1: The City shall provide and maintain uniforms to all members of the bargaining unit who are mttmdio weax them. 22.2: All issued ~miforms and equipment must be ~mrned to the City. Failure to ~Oxrn issued uniforms and equipment will result in the bargaining unit member paying for the actual cost incurred by the city for the purchase of said ~miforms. 22.3: Any bargaining unit member assigned a nniform will be required to wear the uniform at all times while performing his or lgr job fanatious. Tho City lmif~a~m shall Rot b~ worll at any other time or for any other reason. ARTICLE 23 TUITION REIMBURSEMENT 23.1: The City desires to help its bargaining unit members in their jobs by paying for busineSs-related courses up to the limits of available funds for education during their off-duty hours. Therefore, the City's Policy regarding Tuition Reimbursement will be followed for the life of this Agreement. 23.2: The following guidelines will govern tuition reimbursement: Eligibility: Open to regalar thll-time bargaining anit members who have been employed by the City for at least one (1) year. A bargaining unit menthar desiring to participate in the City's Tuition Reimbursement Program should submit an application to his or her Department Head at least fifteen (15) days prior to the starting date of the course. If the Department Head recommends the course, the recommendation will be forwarded to the City Manager or his 34 24.1: 24.2: designee for final approval. Aero'eyed train/ne: Approved courses must dixecfly relate to the bargaining unit member's current ass~ment which will improve his or her skills, knowledge and ability to perform his o~ her duties and will increase his or her potential for promotion. Suclt detormi'n alien will be mad~ by the Dc'pas iment Head and the City Manager or his designee. Such courses must be offered by an approved technical or trade school or an accredited college or university. Attendance at these courses must be during non-working hours. Post graduate (ex~ Master's, Doctorate ,etc.) programs are not included within the tuition payment plan. Recipients of scholarships: Any b~xgaining unit member receiving a scholarship or grant for education will not be eligible for tuition reimbta'sement. Service Reauirement: Bargaining llnit nleallbel's participating in the Tuition Reimbursement Program agree to remain employed with the City for a minimum of two (2) years following completion of thc course(s). If the bargaining unit member voluntarily leaves the city service or is terminated for just cause prior to reaching the two (2) year requirement, he or she must mqmburse the total cost of the tuition ba~k to the City. Grade Reouirement: Successful completion of training must be a~complished through a grade "C" (2.0 average) for each course or better before reimbursement will be made. In courses which are offered on a "pass" or "fail" basis, a pass grade must be earned for reimbursemenL Reimbursement: Upon the successful completion of approved training, an originalc~ aeertified copy of the bargaining unit member's grades, along with proof of his or her payment of tuition such as a canceled clxeck or receipt, will be submitted to the respective Depat~anem Head. Such documentation will be forwarded to the Finance Depafiment for rehnbursemen[ Transportatkm for such educational courses will be provided for by the bargaining unit member, unless such training is mandated by the City. Maximum Reimbursement. The maximum tuition rate to be reimbursed for college-level courses is that established ammally by the State Legislature. Should a bargaining unit member choose to attend a private sehoot, he or she is responsible for paying the difference in tuition. Additionally, bargaining unit members will be authorized to take no more than two (2) classes per semester. ARTICLE 24 MERIT/STEP PAY PLAN New bargaining unit members who at the end of the initial probationary period, and after six (6) months fi'om their date of hire (new employee only), will be eligible fox a one-step increase, ~ receiving a satisfactory performance evaluation based upon satisfactory completion of work performmx~. Almnally on the date of classification, the bargaining unit members will be eligible for a one-step increase, upon receipt of a satisfaetoxy performance appraisal of work performance. This will continue annually until the bargaining unit member reaches the maximum pay for his/her classification. 35 24.3: If the recommendation for an increase is for om-stap, justification is stated on the performance evaluation and the pay increase will be implemented on the bargaining unit member's classification anniversary date. 24.4: In rare casas a Supervisor or Dapamnent Heed may make a recommendation for a two (2) step increase. When this oectlrs the performance evaluation and justification (supporting documentetien) for the greater increase will go before the City Manager. The City Manager will review the information and either ascept or reject the recommendatiom The Deparnnent Heed will be notified of the City Manager's decision and he/she will be responsible for informing the affected bargaining unit member. 24.5: 24.6: Note: Examples of supporting docomentatien would include letters of commendation from supervisors, department heads or citizens, being considered for or selected as an employee of the quarter and any other d~tmaentation that would help justify a two (2) stap increase. ffthe City Manager rejects the recommendation, then a one-stap inereaseis given The Department Head can request another review in thirty (30) days to cxmvin~ the City Manager to approve the special merit incxease. The City Manager's decision will be final in all requests for a two (2) step increase. If a bargaining unit member changes job classifications, his or berjob classificatien ~my date will change, effective the date of the promotion or demotion. 24.7: Longevity Pay: Longevity pay will be awarded according to the following: Bargaining unit members, after having completed ten (10) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of their ten-year anniversary date. Bargaining unit members, afar having completed fi~een (15) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of theft fiffcen-year anniversary date. Bargaining unit members, after having completed twenty (20) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of. their twenty-year aninversaly date. Bargaining unit members, after having completed twenty-five (25) years of continuous service with the City, will receive an increase in their base pay of seven and one-half (7.5%) percent. The seven and one-half percent increase will be added to their base pay effective the date of. their twenty-five-year anniversmy date. Said adjustment(s) will he based on the bargaining unit member's original date of hire regardless of the salaxy pay step the bargaining unit member is in at the time he or she attainu the required number of years. Bargaining unit members in a pm-time or temporary status at the time of their relevant nnniv~fsary dat~ will not be eligible for longevity increases. 36 G. Those bargaining unit members who have received a longevity inerense in their innth (9th) year will not be eligible for the ten ( 10 ) year longevity inorease. SEVERABII JTY 25.1: If any Article of this Agreement (or any Section the~eo0 should be found invalid, unlawful, or not enforceable by judieicl authority or by reason of any existing or subsequently enacted legislation, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 25.2: In tho event ofthe invalidation of any Article or Section ofthi.q Agreement, the City ~d tbe CWA agree to meet within thirty (30) working days to disauss replacement of such Article or Sectio~ ARTICLE 26 TERM OF AGREEMENT This Agreement provision shall commence on October 1, 2003_subject to ratification and Council vote, and nm through September 30, 2006. Any new benefits under this Agreement that do not have a spec'ffled effective date shall be instituted October 1, 2003. In wimass whereof, the parties hereto have entexed into this Agreement on the 25 day of September. COMMUNICATIONS WORKERS OF AMERICA Local 3180 CITY OF SEBASTIAN, FLORIDA Gary McAllister CWA Representative Terrence Moore City Manager Ernest "Bucky" Gerber CWA Vice President Antoine VamMeir CWA Chief Steward Jim Sexton Director of Human Resources ATTEST: APPROVED AS TO FORM: Sally Maio City Clerk I~ch Stinger City Attorney 37 City of Sebastian, Florida Subject: Approval for Craft Club of Sebastian Crafts Shows in 2003 & 2004 at Riverview Park Agenda No. Dept. Head: Finance: Procurement: ~roved for~Submittal by: ~Terr~/I-b~~ger Date Submitted: September 16, 2003 /~~/_ ~. ~ -For Agenda of: September 24, 2003 Exhibits: Application from Craft Club of Sebastian and Park Show Rules EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: None N/A REQUIRED: None BackRround The Craft Club of Sebastian is seeking Council approval for their Craft Shows dates from October 2003 until May 2004. City staff has met with Michelle Roberts, President of the Sebastian Craft Club and has received their application along with fees due. Craft Shows are from 10 AM until 4 PM on the first Saturday of each month from October until May with rain dates scheduled on Sundays after the scheduled date. The Club has a two-day show in December. This will be the 18th year the Craft Club of Sebastian has held shows at Riverview Park. SUMMARY Move to approve Craft Club of Sebastian Craft Shows at Riverview Park from 10 AM until 4 PM on Oct. 4, 2003, Nov. 1, 2003, Dec.6 & 7, 2003, Jan. 3, 2004, Feb. 7, 2004 Mar. 6, 2004, Apr. 3, 2004 and May 1, 2004. Move to approve rain dates for Craft Club of Sebastian on Oct. 5, 2003, Nov. 2, 2003, Jan.4, 2004, Feb. 8, 2004, Mar. 7, 2004, Apr. 4, 2004 and May 2, 2004. HOh4~ O~ pF..IJC.~N I~,,1~ L~25 ~ain $~reet, Sebastian, F~ 32~58 TeTephone (772)589-533~ - Fax (772)589-557@ CITY OF SEBASTIAN PARK USE PERMIT APPLICATION .~ ~ l~m'k]~vemt - 50 to 300 .~ttendees $50.00 Application/Permit ltee Please check the appropriate Box: Special Event- 301 or More Atten~lees $100.00 Application Fee Name of Permittee: ~¢~ ~~ ~~ Permits Bay Only me issueU In the Name of an AOult or Legally DrganizeU Orgmnlzmtion Address: Hailing Address:~,O,-~ ~6~ ~.~Jr Requested Date(s) ~ ~e~ Rain Date'. ~ ~~ Will there be any sa~e of goods? Yes ~ No If yes, please describe type of goods on back_ ~-~c~ Food or other types of vendors? Yes No If yes, please list name, address and type of vendors and schematic of any structures to be erected or otherwise assembled on back, Z, ~11~,~0~% the undersigned, acKnowtedB, that I am the applicant or the authorized agent of the applicant. I further acknowledge that I am aware of the provisio,s of the City of Sebastian Coaes in respect to this application and %he use of the City facilities for which I have applied for a permit to allow a Park Event or a Special Event. I have made myself familiar u~th the general rules and regulations prescribed Dy the City and agree to the terms of the permit. Off~c~ Use OnIy~ Park Application Continued - If Required List any vendor information and/or schematics on this paBe, NAME ADDRESS TYPE Schematic: USE ONLY: Special Conditions of Permit as Requested DS City Mana§er PARK SHOW RULES OF THE CRAFT CLUB OF SEBASTIAN 1. Shows are held on the FIRST Saturday of each month from October through May. Rain-out dates are the following day (Sunday). The December show is a two-day show, Saturday & Sunday. 2. Show hours are 9:00am to 3:00pm. Club members may begin to set-up prior to 7:30am, and must remain on-sita. Outside vendors, once approved, may begin setting up AFTER 7:30am. Early "pack- ups", prior to 3pm, must be approved by an executive board member. 3. Club members, outside vendors, and helpers must be properly dressed at all times. Club members must wear their name tags. 4. Crafter shall supply their own tables end table covers. DO NOT USE BENCHES, SIDEWALKS, OR PICNIC TABLES FOR YOUR DISPLAY. Keep your area neat and clean.. Put boxes under your tables or stacked nearly. Your area MUST 'be clean when you leave the perk. All displays must be clear of the sidewalks and entrances a minimum of THREE (3) feet from the walkways. Space size can be no larger than sixteen (16) feet across the front EXCEPT dudng the December Christmas show when your frontage is not to exceed twelve (12) feet. 5. Do NOT fill the city bash containers with empty boxes, trash, or papers from your packing. Please take your trash home with you! 6. All Crafts displayed MUST be made by the crafters .. And the crafter MUST be in attendence at the show. NO manufactured or "buy/selF items are a owed to be shown or sold at any show. Any craft in question must be approved by a member of the show committee or a board member. 7. NO CLUB MEMBERS OR OUTSIDE VENDORS SHALL BRING VEHICLES, TRAILERS, ANIMALS, OR ALCOHOLIC BEVERAGES INTO THE PARK ON SHOW DAYS. NO VEHICLES SHALL BE PARKED IN THE PERIMETER OF THE PARK. Immediately AFTER unloading your vehicle, move it to the designated parking area in the field on the north side of the park., then return to your site to set-up. 8. NO FOOD OR BEVERAGES MAY BE SOLD BY CLUB MEMBERS OR OUTSIDE VENDORS. 9. All club members and outside vendors will obey the requests of the show committee, parking committee, and/or an executive board roember. Failure to do so will result in lost show privileges. 10. Club members and outside vendors who do not comply with these rules will NOT be allowed to exhibit. If you are in violation of any of these rules, you will be asked to leave the show and NO REFUND of show fees will be given. 11. All rules have no exceptions ... unless approved by an executive board member. City of Sebastian, Florida Subject: Approval for Treasure Coast Crafters Club Craft Show at Riverview Park on December 20&21, 2003. Agenda No. Dept. Head: .. ~ ~ ~{//~ Finance: Procurement: Al~roved for~S~u bm~tta~by: Ter~ o/~~er- Date Submitted: September 16, 2003 ~ /~--~~_..~ For Agenda of: September 24, 2003 ~xl~"ibits: ~pp~ication and letter from Treasure Coast Crafters EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: None N/A REQUIRED: None Backqround The Treasure Coast Crafters Club is seeking Council approval for a Craft Show at Riverview Park. The show would be on December 20 & 21, 2003 from 9 AM until 4 PM. The City has received their application and fees due and staff has met with Beverly Grant, President of the Treasure Coast Crafters Club. The attached letter details more information about the club. SUMMARY Move to approve Treasure Coast Crafters Club Craft Show on December 20 & 21, 2003 from 9 AM until 4 PM at Riverview Park. HOA,~ O~ pEI.IC.4N ISL.A~D 1225 Ma~n S~reet, Sebastian, Fl 32958 Telephone (772)589-533e- Fax (772)589-557B CITY OF SEBASTIAN PARK USE PERMIT APPLICATION Park Event -50 to 300 Attendees $$0.00 Application/Permit Please check the appropriate Box: or Special Event- 301 or More Attendees $100.00 Application Fee Name of Permittee: T'IeERSOiEE' .~,~gT Oi~)~ Wi~ there be any sa~e of ~oods? Yes ¢ If yes, p~ease describe type of Boods on back. Food or other types of vendors? Yes No If ~es, ptease tist name, ad~ress and type of ven¢ors and schematic of any structures to be erected or otherwise assembted on back. appt~cant or ~he authorized a~ent of the appticant. I further acknowledge that Z am aware of the provisions of the C~ty of Sebastian CoOes in respect to th~s apptication and t~e use of the C~ty fac~tities for ~hi:h ~ have applied for a permit,to arrow a Park Event or a Spec~a~ Event, ~ have made my5etf famitiar with the ~enerat ru~es and reEutat~on5 prescribed by t~e City and aEree to the terms of the permit. Appli cant/A~t Signature Office Use Only: Permil Fee Paid Date Initials Park Application Continued - I? Required List ~n¥ vendor inTormation and/or schematics on this paBe. NAME ADDRESS I TYPE OFFICE USE ONLY: SDecial Conditions of Permit as Requested bX City Mans[er Chris Mcarthy, Park Superintendant 1225 Main Street ' Sebastian, Fl. 32958 Dear Chris: Thank you for giving me the list of dates the Riverview Park is available. We are in the process of advertising our 2003 -2004 schedule, and would like a commitment to do a craft show at RivervieTM Park on December 20/21 in 2003. The Treasure Coast Crafters Club is a 2 year old club consisting of approx- imately 45 members. We only accept those vendors who pass our strict Quality Control commi~ee. Therefore, we have no buy-sell or flea market items, only hand made crafts on display. Ninety per cent of our vendors have 10 x 10 tents, cover their tables, and will park where designated. We plan. to advertise from Ft. Pierce to Palm Bay, as many of our members reside in Sebastian, Micco, and Palm Bay as well as Vero and Ft. Pierce. Thank you for your consideration, and please let me know ifI should send you a security deposit. I would also like to have a copy of your ru/es and regulations concerning the park. , Beverly E. Grant, Pre_[ide~ . Treasure Co~t CralSers Club 5804 SflverOakDrive Ft. Pierce, Fl. 34982 PH 772-489-5804 I'Subject: Change Order gl to BK Maintenance for cutting Right-of-Ways City of Sebasti_ _ , Florida Agenda No. /73. [ q~ Department O~b/J~'~/~rks Dept. Head: .~.~./~/~f~f~. Finance: /~d ~f~ General Ser~ces:~~. Date SubdUed: 09/03/03 For Agenda of: o9/~a/o3 Exhibits: Cost Estimate per linear foot and Change Order gl EXPENDITURE BUDGET REMAINING: / REQUIRED: $30,000 REQUIRED: $ 30,000 $ I APPROPRIATION SUMMARY The Public Works Department would like to issue a change order to the City's mowing contractor to allow for cutting back the rights of ways up to 15 feet from the edge of pavement on all roads. Allowing the same contractor to cut back the fight of ways and then mow them is both efficient and beneficial to the City since it does not allow for any time delays of one contractor waiting for the other etc. This agreement also will allow the Roads and Maintenance d/vision to concentrate on completing the many improvements and maintenance requirements currently necessary in the City and to better establish a formal maintenance program as listed in our goals and objections to avoid costly repair problems after they happen instead of catching the problem through regular maintenance. BK Maintenance has supplied us with a price of $0.50 per linear foot for cutting back the right- of-ways and we found this price to be fair and competitive and in the best interest of the City. RECOMMENDATION Move to approve Change Order #1 to BK Maintenance for mowing back the right-of-ways appropriate funds for same. . H~M~ O.~ ?~t~td~ ~ CITY OF SEBASTIAN CllANGE ORDER FORM CHA~GE ORDER #: I PROJECT NAIVIE: Mowing PURCIIASE ORDER #: 3993 PROJECT #: N/A CONTRACTOR: BK Maintenance Services PHONE #: 321-403-2552 ADDRESS: P.O. Box 120533 West Melbourne, F132912 CONTRACT NAME: Mowing Services CONTRACT DATE: April 26, 2002 By the signature affixed below, both the City and the. Contractor agree to the changes as stipulated herein. Upon proper execution of Ii'as document, the Contractor is hereby notified to cornmenae work. All changes stated below are hereby incorporated and made a part of the Contract idontified above, and ali the i.m~ and conditions of said Contraci are enjoined and in full force wh/le ¢¢ecutmg the change(s) stipulated as follows: DESCRIPTION: Cut hack the right of ways te 15 feet from edge of pavement and mulch or remove all debris. See attached Exhibit "A" nriee schedule. A) CONTRACT PRICE PRIOR TO TH/S CHANGE NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE NEW CONTRACT PRICE INCLUDING Tills CHANGE ORDER 49.578.66 30.000.00 79.578.66 B) COI,ITP~CT TI3IE PRIOR TO THIS CIqJ~GE (NUMBER OF DAYS) NET INCREASB (DECREASE) RESULTING FROM THIS CHANGB (NUMBER OF DAYS) N/A NEW COMPLETION DATE INCLUDING TIq~S CHANOE -- MO, __ DAY __ YR -- AGKEBD: CONTRACTOR: CITY OF SEBASTIAN: Authorized Sigaature Dale: Dat~: Auflmrized City Manager Approvals By City of Sebartian St~. Public Works director ~ff~/~ . to Public Worla Finance Director ~ as to budget General Services Admin. ~ as to eantract/precurement ATTEST: Sally A. Malo, CMC, City Cleric Approved ss to Form and Content for Reliance B~jll,~.City of Sebastian Rich Sffingm', City AltdX~,'~y MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Airport Security Vehicle A~roved. fo~ubmittal by: T c r~%~rvI o o r e~Lq~a~ a g e r // Agenda No. ~', Department Orig~rt Dept. Head: {'~-9 Finance: General Services: '~. Date Submitted: 9/18/2003 For Agenda of: 9/24/03 Exhibits: Vehicle Photo EXPENDITURE REQUIRED: $ 35,057 AMOUNT BUDGETED: $ 400,000 APPROPRIATION REQUIRED: $ n/a SUMMARY A few months ago, the City of Sebastian accepted a g~ant agreement with the Florida Department of Transportation (FDOT), Aviation Section for security enhancements in the mount of $400,000. Unlike our other FDOT grant agreements, this one has m) matching requirement by the Airport. This means that all eligible security expenditures are funded by FDOT at 100%. Over the past few weeks, airport and police department staffhave met to formalize a plan to increase security and law enforcement presence at Sebastian Municipal Airport. This plan contains many elements, the most important of which is to have a certified law enforcement officer with command authority to be trained in airport operations to respond to and administer any security related issues that may arise at the awPort. This person would serve as an Airport Security Liaison and would be the city's primary contact for all or our airport security needs. Of most benefit, the individual will be trained to command and coordinate larger scaled airport operations, such as hurricane preparedness, disaster recovery, and/or downed aircraft procedures. This will go a long way to providing our community with the necessary protection and response to any airport security issues. Considering the above information, it became clear that there is a need for additional equipment for this position. Most importantly, it has been determined that this effort cannot be undertaken without the acquisition of a four-wheel drive utility vehicle, to be used for administrative and security duties. Due to the terrain at the airport, it is necessary to have vehicle capable of extended off-road use as well as one that can keep passengers and equipment dry and out of the elements. Though such vehicle would remain an airport asset, it would be assigned to the Airport Security Liaison (a designated Sebastian Police Officer) to allow that individual to perform airport security and administrative duties. Staff is recommending the purchase of a 2004 Chevrolet Trailblazer 4x4 in an effort to fulfill the equipment needs for this particular security enhancement. By ordering the vehicle before the end of September, we are able to purchase a 2004 vehicle~Gr the 2003 model price, avoiding the mark up coming with the new Florida Sheriffs Association Contract in October. The cost of this vehicle is $35,057 equipped with all of the necessary accessories for law enforcement and airport duty. Once again, FDOT will provide 100% of the cost of the vehicle and all necessary equipment. There is no cost to the City of Sebastian or Sebastian Municipal Airport for this acquisition of this valuable asset. RECOMMENDATION Move to approve purchase of 2004 Chevrolet Trailblazer and related equipment from Alan Jay Pontiac, Buick, GMC, Inc. under the Florida Sheriff's Association Contract for $35,057. fJP/0F HOME OF PELICAN ISLAND 1225 MAIN STREET · ,SEBAST AN, FLOR DA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 Subject: Florida Inland Navigation District and the City of Sebastian Old Sebastian Train Station Transfer App ~ ' : City Manager rerrence ~&-~ Agenda No. 0.~. Department Origin: _~_~ . General Services: Finmme Dept.: ,/ Date Submitted: September 12, 2003 For Agenda off September 24, 2003 Exhibits: Surplus, Removal, and Temporary Lease Agreement EXPENDITURE REQUIRED: A-MOUNT BUDGETED: SUMMARY APPROPRIATION REQUIRED: The proposed Surplus, Removal and Temporary Lease Agreement between the Florida Inland Navigation District and the City of Sebastian declares the train station as surplus to the City and sets forth certain terms and conditions for the removal and relocation onto property owned by the City for public enjoyment and visitation. RECOMMENDED ACTION Move to authorize the City Manager to execute the Surplus, Removal and Temporary Lease Agreement between the Florida Inland Navigation District and the City of Sebastian, declaring the train station as surplus to the City and setting forth certain terms and conditions for the removal and relocation onto property owned by City for public enjoyment and visitation. 'An Equal Opportunity Employer" Celebrating Our 75th Anniversary SURPLUS, REMOVAL, AND TEMPORARY LEASE AGREEMENT This SURPLUS, REMOVAL, AND TEMPORARY LEASE AGREEMENT ("AGREEMENT") is made and entered into this day of , 2003, between "the Parties, the Florida Inland Navigation District, an independent special district existing under the laws of the State of Florida (the "DISTRICT"), and the City of Sebastian, a political subdivision of the state of Florida, ("the CITY"). WITNESSETH: V~rHEREAS, the DISTRICT is the owner in fee simple of a parcel of land in Indian River County, Florida, designated as Dredged Material Management Area IR-2 which contains the Old Sebastian Train Station (the "Station"); and WHEREAS, the CITY desires to remove and relocate the Station onto other property owned by the CITY for the purpose of preserving and restoring the Station for public enjoyment and visitation. WHEREAS, the DISTRICT is of the opinion that such use by the CITY pursuant to the provisions of this AGREEMENT is in the public interest and has declared the Station surplus to the CITY for such purposes, and WHEREAS, the DISTRICT has determined that this AGREEMENT is the appropriate way to accomplish this project subject to the following terms and conditions. NOW THEREFORE, in consideration of the promises and mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, it is agreed by the parties hereto: 1. RECITALS: The recitals contained herein above are Irue and correct and incorporated herein by reference. 2. LEASE: The DISTRICT hereby leases to the CITY the property hereinafter known as the "Leased Premises" as described in paragraph 4 below, subject to the terms and conditions set forth herein. 3. PROJECT MANAGEMENT: The Project Manager for the DISTRICT is its Executive Director and all correspondence and communications from the CITY shall be directed to him/her. The Project Manager shall be responsible for overall coordination and oversight related to the performance of this AGKEEMENT. 4. DESCRIPTION OF THE LEASED PREMISES: The Leased Premises which is subject to this AGREEMENT, is situated in Indian River County, State of Florida, as described in Exhibit A, attached hereto and made a part of this AGREEMENT. 5. EXISTING CONDITIONS: The CITY agrees to accept the Leased Prem/ses and the Station in AS IS CONDITION. 6. TERM: The term of this AGREEMENT shall be for a three (3) month period. Rent shall be one ($1.00) dollar paid in advance. Prepayment of the rent shall not affect in an), way the DISTRICT's rights under paragraph 24 below. The lease period shall commence on the date of execution. 7. PURPOSE: The CITY shall utilize the Leased Premises to remove the Station from the Leased Premises to a site selected by the CITY. 8. SURPLUS AND TRANSFER OF PROPERTY: The DISTRICT through this AGREEMENT surpluses and transfers ownership of the Station to the CITY. The CITY agrees to accept the Station in its current condition and to be responsible for its removal from the Leased Premises within the term set forth above. 9. ACKNOWLEDGEMENT OFTRANSFER: The CITY shall install a sign at the new location of the Station acknowledging the DISTRICT's donation and transfer of the Station to the CITY. 10. QUIET ENJOYMENT AND RIGHT OF USE: The CITY shall have the right of ingress and egress to, from, and upon the Leased Premises for all purposes that do not conflict with the DISTRICT's and the United States of America's Dredge Material Management Program, however, use of the property is restricted to day light hours for the quiet enjoyment of the neighboring property owners. 11. UNAUTHORLZEDUSE: The CITY shall, through its agents and employees, prevent the unauthorized use of the Leased Premises or any use thereof not in conformance with this AGREEMENT. 12. ASSIGNMENT: This AGREEMENT shall not be assigned in whole or in part without the prior written consent of the DISTRICT. Any assignment made either in whole or in part without the prior written consent of the DISTRICT shall be void and without legal effect; provided, however, the District aclmowledges and agrees that the CITY may utilize the services of third party movers, engineers, etc., in the performance of this removal project, and any such third party contracts for such purpose shall require them to abide by the terms and conditions of this AGREEMENT. 13. EASEMENTS: No easements may be granted by the CITY. 14. SUBLEASES: This AGREEMENT is for the purposes specified herein, and subleases of any nature are prohibited without the prior written approval of the DISTRICT. Any sublease not approved in writing by DISTRICT shall be void and without legal effect. 15. RIGHT OF INSPECTION: The DISTRICT or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect the Leased Premises and the works and operations of the CITY in any matter pertaining to this LEASE. 16. PLACEMENT AND REMOVAL OF IMPROVEMENTS: Any equipment, supplies, or improvements placed on the property by the CITY in accordance with a plan approved by the DISTRICT shall be removed by the CITY at the termination of this LEASE. No trees, other than non-native species, shall be removed or major land alterations done without the prior written approval of the DISTRICT. 17. INSURANCE BYCITY: In consideration for the privilege herein granted, the CITY shall not claim any damages from the DISTRICT in connection with or on account of, and as between the parties shall be solely responsible for, any injuries or damages arising in or on the Leased Premises while being used by the CITY and its agents, representatives, and employees. The DISTRICT does not warrant or represent that the Lease Premises are safe or suitable for the purpose for which CITY is permitted to use it, and the CITY assumes all risks in its use. The CITY, and any contractors and sub-contractors utilized by CITY pursuant to this AGREEMENT, shall have public liability and workmen's compensation insurance in the mount of not less than one million dollars ($1,000,000.00) and shall name the DISTRICT and the U.S. Army Corps of Engineers as additional insureds on such policy or policies, the CITY shall also provide for not less than th/rty (30) days' prior written notice to the DISTRICT in the event of cancellation thereof. The CITY, prior to entering upon the Leased Premises, shall provide to DISTRICT copies of said insurance policies or certificates of insurance showing conformity with this provision. The CITY shall provide and keep in force such other insurance and in such amount as may from time to time be required by the DISTRICT against such other insurable hazards as at the time are commonly insured against in the case of other premises similarly situated or similarly utilized. It is specifically understood and agreed that in no event shall the DISTRICT or any interest of the DISTRICT in the Leased Premises or any portion thereof be liable for or subject to any construction lien or liens for hnprovements or work made by or for the CITY; and this AG1LEEMENT specifically proh/bits the subjecting of DISTRICT's interest in the Leased Premises or any portion to any construction lien or hens for improvements made by the CITY which the CITY is responsible for payment under the terms of this AGREEMENT. All persons dealing w/th the CITY are hereby placed upon notice of this provision. All memoranda and short forms of this AGREEMENT which shall be recorded among any public records shall contain the provisions set forth above in this paragraph; provided, however, nothing contained in this sentence shall permit or authorize the recording of and memorandum or short form of this AGREEMENT other than by the DISTRICT. 18. ADDITIONAL INSURANCE: The CITY shall require any third parry contractors, engineers, consultants, etc., to maintain insurance in the amounts and types indicated above and shall furmsh the DISTRICT copies of the Certificates of Insurance. 19. NO WAIVER OF BREACH: The failure of the DISTRICT to insist in any one or more instances upon strict performance of any one or more of the convenants, terms and conditions of this LEASE shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of the DISTRICT of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing and signed by the DISTRICT. 20. COMPLIANCE WITH LAWS: The CITY agrees that this AGREEMENT is contingent upon and subject to the CITY obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, roles, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 21. NOTICB: All notices given under this AGREEMENT shall be in writing and shall be served by certified mail to the last address of the party to whom notice is to be given, as designated by such party in writing. The DISTRICT and the CITY hereby designate their address as follows: TO DISTRICT: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 Attn: Executive Director TO CITY: City of Sebastian 1225 Mam Street Sebastian, Fl. 32958 At-m: City Manager Copies of all Notices shall also be delivered to the DISTRICT'S Project Manager. 22. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should the CITY breach any of the convenants, terms, or conditions of this AGREEMENT, DISTRICT shall give written notice to the CITY to immediately remedy such breach. In the event CITY falls to immediately remedy the breach to the satisfaction of the DISTRICT upon receipt of written notice, or longer period if it is not capable of being immediately cured but the CITY has commenced the cure, the DISTRICT may either terminate this AGREEMENT and recover from the CITY all damages the DISTRICT may incur by reason of the breach including, but not limited to, the cost of recovering the Leased Premises and attorney's fees; or maintain this AGREEMENT in full force and effect and exercise ali rights and remedies herein conferred upon DISTRICT. 23. DAMAGE TO THE PREMISES: The CITY agrees that it w/Il not do, or cause to be done, in, on, or upon the Leased Premises or as affecting said Leased Premises, any act which may result in damage or depreciation of value to the Leased Prerrfises, or any part thereof. Any alterations to the property caused by the CITY shall be restored to their original conditions. 24. HAZARDOUS MATERIALS: The CITY agrees that, during the term of this lease, it:' A. Shall keep or cause the Leased Premises to be kept free of hazardous wastes or substances. B. Shall not cause or permit, as a result of any intentional or unintentional act or omission on the part of the CITY or any assignees, a release of hazardous wastes or substances onto the Leased Premises. C. Shall comply with and ensure compliance by/ts employees and all others under its direction with all applicable federal, state, and local laws, ordinances, roles, and regulations. D. The terms "hazardous waste", "hazardous substance", "disposal", "release", and "threatened release", /fused in this lease, shall have the same meaning as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. (CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and recovery Act, 49 U.S.C. Section 6901 et seq., the Florida Resource and Management Act, Chapter 403, Florida Statutes, the Pollution, Spill, Prevention, and Control Act. Chapter 376, Florida Statutes, or any other applicable state or federal laws, rules, or regulations adopted pursuant to any of the foregoing. E. Shall /mediately provide the DISTRICT with notice of any release or threatened release of hazardous waste within the Leased Premise, and shall immediately provide the DISTRICT with notice of any injury or action taken by any local, state, or federal governmental body with respect to hazardous waste within the Leased Premises. F. Shall remove any hazardous waste or hazardous substances wl'dch exceed allowable levels in the ground or the groundwater within the Leased Premises, arising from the CITY' use of the Leased Premises. 25. SURRENDER OF PREMISES: Upon termination or expiration of this LEASE, the CITY, shall surrender the Leased Premises to the DISTRICT. 26. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the Leased Premises is held by the DISTRICT. the CITY shall not do or permit anything to be done wh/ch purports to create a lien or encumbrance of any nature against the real property contained in the Leased Premises including, but not limited to, mortgages or construction liens against the Leased Premises or against any interest of the DISTRICT therein. 27. PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this AGREEMENT shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 28. DUPLICATE ORIGINALS: This AGREEMENT is executed in duplicate originals, each of which shall be considered an original for all purposes. 29. ENTIRE UNDERSTANDING: This AGREEMENT sets forth the entire understanding between the Parties and shall only be amended with the prior written approval of the Parties. 30. MAINTENANCE OF IMPROVEMENTS: The CITY shall maintain the real property contained within the Leased Premises and the improvements located thereon (other than the station) in a state of good condition, working order, and repair including, but not limited to, keeping the Leased Premises free of trash or litter, meeting all building and safety codes in the location situated. 31. GOVERNING LAW: This AGREEMENT shall be governed by and interpreted according to the laws of the State o£Florida. 32. SECTION CAPTIONS: Articles, subsection and other captioned contained in this LEASE are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope or extent of intent of this AGREEMENT or any provisions thereof. 33. ATTORNEY'S FEES: In the event of any litigation arising out of or resulting from this AGREEMENT, the venue of such litigation shall be had only in the state courts in Palm Beach County, Florida. The prevailing party in such litigation shall be entitled to its costs and reasonable attorney's fees (at trial, appellate, and post- judgment proceeding levels). IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed on the day and year first written above. ATTEST: CITY OF SEBASTIAN BY: BY: Its ? ATTEST: FLORIDA INLAND NAVIGATION DISTRICT BY: BY: Executive Director Exhibit A · LEGAL DESCRIPTION: BEING A PART OF SECTIONS 16, 17, 20 AND 21, TO'A~/SHIR 31 SOUTH, RANGE 3B EAST BEING t,~ORE FULLY DESCRIBED AS FOLLOWS: ALL OF GOVERNMENT LOT 3. LYING SOUTH OF THE SOUTH RIGHT-CF-WAY OF LATERAL DITCH NO. 4, ALL OF GOVERNIvlENT LOT 4 LIING EAST OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 AND SOUTH OF TIlE SOUTH RiGHT-OF-WAY LINE OF LATERAL DITCH NO. 4, LESS L~NDS DESCRIBED IN OFFICIAL RECORDS BOOK 9i3 PAGE 23t4 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, ALL OF GOVERNMENT LOT S LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1, ALL OF GOVERNMENT LOT 6 LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1, ALL OF THE ABOVE LOCATED IN SEC'TION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, TOGETHER WlTH THE FOLLOWING: ALL OF GOVERNMENT LOT 1, LOCATED IN SECTION 16, TOWNSHIP SOUTH, RANGE 39 EAST, TOGETHER WITH THE FOLLOWING: ALL OF GOVERNMENT LOT 1, LOCATED IN SECTION 21, TOWNSHIP SOUTH. RANGE 39 EAST, TOGETHER WITH THE FOLLOWING: ALL OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER SEC"RON 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING EAST OF THE EAST RIGHT- OF-WAY LINE OF U.S. HIGHWAY NO. ALL OF THE ABOVE LOCATED AND BEING IN INDIAN RIVER COUNTY FLORIDA AND CONTAINING ]7B.45 ACRES MORE OR LESS, City of Sebastian, Florida Subject: Resolution No. R-03-44 Vacation of Easement - Lot 10, Block 457, Sebastian Highlands Unit 17 ~nittal by: Agenda No. tg_~ [ q {~ Department Origin: Growth Man~ Date Submitted: 9/17/03 For Agenda of: 9/24/03 Exhibits: 1) R-03-44 2) Site Map 3) StaffReport 4) Application 5) Utility Letters EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY This is a request for vacation of six (6) feet of the rear twenty (20) foot public utility and drainage easement located on Lot 10, Block 457, Sebastian Highlands Unit 17, 81 Joy Haven Drive. The six (6) feet is being requested for the construction of a swimming pool. The Engineering Department has agreed to release only five (5) feet. The applicant stated they will revise the pool plans and still request abandonment of five (5) feet. RECOMMENDED ACTION Make a motion to adopt Resolution No. R-03-44, abandoning five (5) feet of the rear public utility and drainage easement for 81 Joy Haven Drive. RESOLUTION NO. R-03-44 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 10, BLOCK 457, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Wl~REAS, the owner of the land at 81 Joy Haven Drive has filed a request for a partial abandonment of the public utility and drainage easement along the northeastern lot line of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The southwestern most five (5) feet of the northeastern most twenty (20) foot public utility and drainage easement located on Lot 10, Block 457, Sebastian Highlands Unit 17, less the northwestern most six (6) feet and southeastern most six (6) feet thereof, as recorded in Plat Book 8, Pages 46 thru 46P of the Public Records of Indian River County, Florida. all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. EFFECTIVE DATE. upon its adoption. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately The foregoing Resolution was moved for adoption by The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nate McCollum The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2003 CITY OF SEBASTIAN, FLORIDA Councilmember ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, Cit~.~ttomey o ABANDONMENT OF EASEMENT Staff Report ProjectName: Swimming Pool for Sherwood & Joy Helm Requested Action: Abandonment of the northwestern most six (6) feet of the northeast twenty (20) foot public utility and drainage easement located on Lot 10, Block 457, Sebastian Highlands Unit 17, less the northwestern most six (6) feet and southeastern most six (6) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 81 Joy Haven Drive Lot 10, Block 457, Sebastian Highlands Unit 17 Sherwood & Joy Heim 81 Joy Haven Drive Sebastian, FL 32958 lhnen Pools, Inc. 490] N. U.S. Highway #1, Unit L Veto Beach, Florida Project Description: a. Narrative of proposed action: Applicant wishes to abandon the southwestern most six (6) feet of the northeastern most twenty (20) foot public utility and drainage easement on Lot 10, Block 457, Sebastian Highlands Unit 17, in order to build a swimming pool for medical therapy. b. Zoning: RS- 10 c. Future Land Use: LDR d, Existing Land Use: Single-family residence Utilities Comments: a. Florida Power & Light: approved b. Southern Bell: approved c. Comcast Cable: approved d. Indian River County Utilities: approved e. City Engineer (drainage): approved, for five (5) feet only Zoning Technician Comments: Applicant has requested six (6) feet of the rear easement to be abandoned. The engineering department has agreed to five (5) feet. Portions of other rear easements along Joy Haven Drive (and Contra Drive) have previously been abandoned for swimming pools. StaffRecommendation: Approve Resolution R-03-44. abandonment of five (5) feet only. The Resolution grants Prepared by Date Permit Application No. City of Sebastian Development Order Application Applicant (If not owner~ written authorization (notarized) from owner is required) E-Mail: Owner (If different from applicant) Name: Address: Phone Number: ( ) FAX Number: ( ) E-Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS ~IOH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRA~NGS, ETC. SHALL BE A~ACHED AND 8-112" BY 11" COPIES OF ANY A~ACHMENTS SHALL BE iNCLUDED. A~ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name ([f applicable): ¢~ / B. Site Information Address: Lot: Block: indian River Gount¥ Unit: 17 Subdivision: Zoning Classification://~ S / 0 Future Land Use: ,O Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED: ~ ,¢ ~./O"~ FEE PAID: RECEIVED BY: Permit Appiica~on No. D. Project Personnel: Agent: Address Phone Number:. ( ) E-Mail: Attorney,: Name: Address Phone Number. ( ) FAX Number: ( ) E-Mail: Engineer: Name: Address Phone Number. ( ) FAX Number: ( ) E-Mail: Surveyor: Name: Address Phone Number. ( ) FAX Number: ( ) E-Mail: ./ l, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: V I AM THE OWNER I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE REST O.F MY K~, OWLEDGE AND BELIEF. SWORN TO AND SUBSCRIBED BEFORE ME aY ;~-'(-~u/ ' ~ WHO IS PERSONALLY KNOWN TO ME OR PRODUCED / ~//~ AS IDENTIFICATION, THIS .~,~ DAY OF ,~ ~ , 20/')~'~. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./EXPIRATION SEAL: Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning}, site pians, conditional use permits, special use permits, variances, exceptions, and appeals. ]/~-, THE OWNER(S) / THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY ANB.~/IEWTHE PROPERTY iN CONNECTION W~TH MY/OUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE lANE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PrOPER'P(, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CiTY OF SEBASTIAN. S~"orn to ~nd subscribed before me by ~ o,~ who is personally known to me or produced ~f' ~ as identification, this ~2. day of /~ ~ Notary's Signature Printed Name of Notary Commission No./Expiration Seal: Supplemental Information Easements, vacation, of Permit Application No. HOME OF PELICAN ISLAND Describe the easement to be vacated (provide a legal description, if pqssible): Why is this vacation of easement being requested? / 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. 1225/~AIN SI'REffi ~ SEBASTIAN, FLORIDA329~S TEL~'PHONE (772) 589.5518 . FAX (772) 589-256~ ~OUEST FOR ABA_NDONrv[ENT Ot~ EASE/~EESCr September 11, 2003 Descriot/on of Eas.ement,.io.~b.e a~bando.n.e.~: Tb.e northwestern most six (6) feet of the northeast twenty (20) foot public utility and drainage easement located on Lot 10, Block 457, Sebastian Highlands Unk !7. less the northwestern mca six (6) feet m~d southeastern most six (6) feet thereof. Location of Easement: 81 Joy Haven Drive, Sebastian, Florida UTILITY: David Fisher, Cit~ l~ng/neer ~'AX NO: 589-6209 Return to: Dorri Boswortlh City of Sebastian, Growth Management Depmi~ixent Fax No. (772) 589-2566. 0fi, j17/2082i 21:44 5614896224 ST LUCI£ 5VC CTR 1225 ~AIN STRE~ · SEBASllAN, FLORIDA. TELEPHONE (772) ~9-&S18 · ~ [772) 5E,9-25&& PAGE m~OtmST FOR ~Ol~2~r o~ S~b~ 11,2003 ~eierl~fl~n o~ E~t,,~ be ~b~donefl: The ~wes~ ~cnU;(20) foot public ufi~W ~d ~ ~t loc~ on Lot 10, Bl~k 457, Seb~fi~; ~ U~t 17, l~s ~ no~f, mo~ ~k (~ f~t a~ ~ou~cm mo~t six (6) ~ ~of. .toy Havm~ Drive, UTILITY: Pedr~ FPL APPROVED: APPROVED/Dt~NI~D BY: '~~ COMMENTS: FAX NO: ('7?2) 48~-6224 DATE:. ~/~xx.~/~25 d~erurn to: ~)0rri Boswor~h, Oity of Scbastian, Growth Management Depanrn~t Fax No. (7'72) f89-2566. i 09~16x03 15:85 FTP ENGINEERING a 56158~2566 N0~400 SEP,ll,~003 ll:30AM BLDG DEPT SE-BASTIA~ MO.8~l P.lx~ TELEPHONE (772) ~P-A=~I~, · FAX (772) ~I~.QUEST FOR AB.4~OI~M~NT OF,EASEMEnT Sept~rn, ber 1 I, 2003 Desc~,ption of EaSement to be nb~udoned: The no~w~m ~ ~ (~ feet of~e newest ' ~ (20) foot pubic ufili~ ~d ~=3e ~ lo~ ~ ~ 10. Block ~ S~b~ Hi~& Unit I7, 1~ ~ ~w~m most ~ (~ f~t ~-~ soul.tom most Locafi~f Easement: 81 Joy Haven Drive, Sebastian, Florida UTILITY: Klrl¢ Wallctr, Bell $ou~ (si~natu.~) APPROVED: / APPROVBD/DBI~r.D BY: COMlvl]~NTS: NO: 772=466-$651 Don'/Boswonl~ Cit~ of Sebastian, Growth Man~ement Department Sep 1S 03 lO:3S~ Indian River U~ili~ies V?2 ??0 514~ p.1 ~=~p.l~.21~B ll:24AM BLDG DEPT SEBASTIAN MO.~ P.l/2 HO. MI. Olr PEI,.ZCAN [SI,AN~ 1225 MAIN STREET m SEBASTIAN, FLORIDA ~2958 TELEPHONE (772) 589.,S51a · FAX [772) 587-25&.~ REQU'F~T FOR ABANDONMENT O1~ EASE~NT Scptcmbc~ 1 i, 2003 Description of Easement to be abzndoned: The northwestern most six (6) feet of the northeast :w~uty (20) foot public utihty and ch'ainsgc easem~n~ located on Lo~ 10, Block 4~7, Sebastian Highlands Unit 17, less thc noz~hwestem mo~t six (6) f~ and southeastern most six (6) fcct thexeof. Dorri Bosworth, City of Sebastian, GTowth Management Deparm~tnt F~x No. (772) 589-2566. City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Police Retirement Board of Trustees - Member Appointments Approved for Submittal by: Agenda No. (~.~./~7 Department Origin: City Clerk"~~'- Date Submitted: 9/18/03 For Agenda of 9/24/03 Exhibits: FS 185.05, Current Member List, 7 Applications, Press Release Expenditure Required: I A~nount Budgeted: I Appropriation Required: SUMMARY STATEMENT The Police Retirement Board of Trustees is a five member board governed by FS 185. Cit Council appoints two citizen members for two-year terms. We have received seven applications for the two 3ositions, which will expire in October Current members may be reappointed. Police Officers will conduct an election at the beginning of October for the two police offic~ members. Once the four new appointments are made, the Board will meet to appoint a fifth membe The fifth member appointment will be brought back to City Council for formal appointment. RECOMMENDED ACTION Interview the applicants, unless waived, and appoint two citizen members for two-year terms to expire October 2005. Statutes & Constitution :View Statutes :->2003->Ch0185->Section 05: flsenate.gov Page 1 of 2 185.05 Board of trustees; members; terms of office; meetings; legal entity; costs; attorney's fees.--For any municipality, chapter plan, local [aw municipality, or Local Law plan under this chapter: (1) In each municipality described in s. 185.03 there is hereby created a board of trustees of the municipal police officers' retirement trust fund, which shall be solely responsible for administering the trust fund. Effective October 1, 1986, and thereafter: (a) The membership of the board of trustees for chapter plans shall consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipaUty, and two of whom shall be police officers as defined in s. 185.02 who shall be elected by a majority of the active police officers who are members of such plan. With respect to any chapter plan or local Law plan that, on January 1, 1997, allowed retired police officers to vote in such elections, retirees may continue to vote in such elections. The fifth member shall be chosen by a majority of the previous four members, and such person's name shall be submitted to the Legislative body of the municipality. Upon receipt of the fifth person's name, the legislative body of the municipality shall, as a ministerial duty, appoint such person to the board of trustees as its fifth member. The fifth member shall have the same rights as each of the other four members appointed or elected as herein provided, shat[ serve as trustee for a period of 2 years, and may succeed himself or herself in office. Each resident member shall serve as trustee for a period of 2 years, unless sooner replaced by the legislative body at whose pleasure the member shat[ serve, and may succeed himself or herself as a trustee. Each po[ice officer member shall serve as trustee for a period of 2 years, un[ess he or she sooner leaves the employment of the municipality as a police officer, whereupon the legislative body of the municipality shall choose a successor in the same manner as an original appointment. Each po[ice officer may succeed himself or herself in office. (b) The membership of boards of trustees for Local law plans shall be as fo[Lows: 1. If a municipality has a pension plan for police officers only, the provisions of paragraph (a) shall apply. 2. If a municipality has a pension plan for police officers and firefighters, the provisions of paragraph (a) shall apply, except that one member of the board shall be a po[ice officer as defined in s. 185.02 and one member shaU be a firefighter as defined in s. 175.032, respective[y, elected by a majority of the active firefighters and po[ice officers who are members of the plan. 3. Any board of trustees operating a local taw plan on July 1, 1999, which is combined with a plan for genera[ employees shall hold an election of the po[ice officers, or po[ice officers and firefighters if included, to determine whether a plan is to be established for po[ice officers on[y, or for po[ice officers and firefighters where included. Based on the election results, a new board shall be established as provided in subparagraph 1. or subparagraph 2., as appropriate. The municipality shall enact an ordinance to implement the new board by October 1, 1999. The newly established board shall take whatever action is necessary to determine the amount of assets which is attributable to po[ice officers, or po[ice officers and firefighters where included. Such assets shall include all employer, employee, and state contributions made by or on behalf of police officers, or po[ice officers and firefighters where included, and any investment income derived from such contributions. Att such moneys shall be transferred into the newly established retirement plan, as directed by the board. With respect to any board of trustees operating a local taw plan on June 30, 1986, nothing in this paragraph shall permit the reduction of the membership percentage of police officers or police officers and firefighters. (c) Whenever the active police officer membership of a closed chapter plan or closed local Law plan as provided in s. 185.38 fails below 10, an active police officer member seat may be held by ther a retired police officer or an active po[ice officer member of the plan who is elected by the -- h f e e g e e cf e e e ch g POLICE RETIREMENT BOARD OF TRUSTEES 2 YEAR TERMS Two Members Appointed by City Council Richard Taracka 1320 Coverbrook Lane Sebastian, FL 32958 James Sexton 297 Manly Avenue Sebastian, FL 32958 Appointed: 10/24/2001 (Replaced Waldis) Term to Expire: 10/2003 Appointed: 10/24/2001 (Replaced Brauer) Term to Expire: 10/2003 Two Members Appointed bY Police Officers Officer Eric Wheeler Detective Dennis Hovasse Appointed 5/2003 to fill unexpired term of Lt. Ewert - Term to Expire: 10/2003 Appointed: 10/97- Term to Expire: 10/99 Reappointed: 10/99 - Term to Expire: 10/2001 Reappointed 10/01 - Term to Expire: 10/2003 One Membe~ Appointed bv Board and Confirmed by City Council A.L. Rappy Perez, Jr. CLU 9650 Mockingbird Lane Sebastian, FL 32976 Appointed: 12/99 to Replace Judy Robinson Term Began 10/99 Term to Expire: 10/2001 Reappointed: 11/2001 Term to Expire: 10/2003 86 AN APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Resiaents of the City of Sebastian)=C'~, BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~ HQW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE~ Do You PRESENTLY SERVE ON WHICH BOARDS/COMMI~EES? PLEASE CHECKTHE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: · CHARTER REVIEW COMMrT-rEE (eerve.s only 6 months every 7 year~ -meek next in 2006) CITIZENS BUDGET RBVIBWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD ¢errnanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMii I ~-E. (permanent board) P.J.ANNING AND ZONING COMMISSION (permanent board) I/POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory boa~) PARKS & RECREATION ADVISORY COMMII I GE (temporary) 'FREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMM~ I I GE (if applicable). (WRITE IN COMMI'FFEE NAME) APPLICABLE EDUCATION AND/OR EXPE~IENC_B: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMblll imF_: ~VE YOU ~ER BEEN CONVICTED OF ANY ~LONY IN THIS OR ANY STA~? HA~ YOU EVEN BEEN OO~ICTED OF ANY MISDEMEANOR INVOLVING MO~L TURPITUDE IN THI'S OR ANY STA~? ~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER T~N THE ONE(S) SELECTED ABO~? I hereby certify that'l am ciuaiiiied to hold the position for which this application is made. Further, I hereby author~.e the City understand that any misrepresentation or omissiun cf information requested in this application is cause for disqua[ific~tiun. [ have been pr~)vided with, read and understand City of.Sebasfiaj).P.;ol:teq:n~O.~inances ~6 through 2-17;3 ,-, ./ , a. de.ti ,,ation. lj~)'~'~' ~'~.~ MYCOMMIS$10N#DD08§53 ~Wp-fo rrtl~appticat.wP d -:" -'" i ==- EXPIRES: March 18, 2006 reV. ~'2.002 APPLICATION TO SERVE ON CITY BOARD/COMMITTE= (All City Board and Committee Memt~ers Must De ResJments of the City of Sebastian) HOME PHONE: ,5-~¢/- 0¢¢ ,5'.;1 HOME FAX: E-MAIL: " BUSINESS PHONE: ~ BUSINESS F~: E-~IL: ~E YOU A RESIDENT OF ~E Ol~ OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER Ci'Pr' BOARD OR COMMITTEE? WHICH BOARDS/OOMMI I ~ EES? 4/0 PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: 'CHARTER REVIEW COMMI'CI'EE (serves only 6 monthg every ? year~ - meet~ next in 20OK) CiTiZENS BUDGET REVIEW.ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CON,q'i'RUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMi'~'EE (permanentb¢ard) ___.~_____~PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent 8tatmory board) PARKS & RECREATION ADVISORY COMMFf-i'EE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMbiI'i I mE (if applicable) (WRITE IN COMMfFf~-E NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (at~ach separate resume if necessary) RE~ASONS FOR WANTING TO SERVE ON BOARD OR COMMF~-BE: P~.E~$ ~' ..~C~_ ~ LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMII toE: HAVE YOU EVER BEEN OONVIOTED OF ANY FELONY IN THIS OR ANY STAT'~? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TLIRPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? /~ o ~ $ ~ '~/-' '~ I hereby carfify that'l am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the 13-uthfulnees of all information which t have provided in this application. I under'stand that any miarepreaentation or omission of information requaated in this application is cause for disquaIificatiom I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-188 through 2-173 (attached). information relative tea specific board or com._m~ee is available ff r~c~ueat~d. Pu¢~, State of ~londa subeortbed end s_~worn,..~tO fbefore me this ) .~'.)/k~ day y'Y') <~, ~"~.~ '~l , ~).¢ I---'~ ~. ~ , who is ~raonally ~wl>.form~al3 pli=at.wh d ray, ~2DO2 krmwn t~ ma, or hms produced School Board of Brevard County Office of the Area I SUperintendent 1948 Pineapple Avenue o Melbourne, FL 32935-7655 March 3, 2003 To whom it may conCern: It is with great enthusiasm that I recommend Mrs. Marie DeLuca for a position with the indian River Co0nty school system, i have known Mrs: DeLuca since the 19~0~s as she was employed with the Brevard County school system for 18 years. During her many years of tenure with our school system, I had the privilege of supervising her for approximately 10 years, when she served as Eau Gallie High School's attendance ~lerk. Mrs. DeLuca was an outstanding employee! She was very loyal to our school system, conscientious, possessed outstanding work habits, always went beyond the call of duty and students were a~ways her priority. As principal of Eau Gallie High School, I found Mrs. DeL;uca to beone of the high school's many prized possessions. With Mrs. DeLuca on camous~ it was like having another adminisirator present, especially in the Dean of Students discipline area. Her rapport with students was outstanding; they always knew she was for them, yet had very high exoectations and great oemancs. in closing, highly recommend Mrs. DeLuca for a job in the Indian River County scnool system. Please do not hesitate to ca Ime if you desire additional discussion or otner information. Sincerely, Robert L. Donaldson, Sr. Area I Superintendent RLD/Img Robert L. Donaldson. Sr.. Area I Superintendent Richard A. DiPatri. Ed.D., Sut~erintendent Phone: [321) 254-0340~X: (3211 259-7786 PPLICATION TO SERVE ON JI"IOMEADDR.ESS: /3 Z ~3 ~'~,~ BUSINESS: BUS]NESS ADDRESS:' BUSINESS PHON~: BUS]NESS FA J% B-3A4IL: ~ow ~os~ ~ ~ ~ou~ ~ ~s~ o~ ~~ "~" '~ [ ....... ~o YOU ~~ ~o~ ~ ~uc o~ DO YOU'PR~S]~NTLY ~V~ ON ANY OTI-]ER cgi-f BOARD.OR CO~? . ~ ~ BO~S~O~uu'~? .A;Q. P~SB C~ ~ BO~S ~ ~ YOU ~ ~l~ ~ S~G ~'0~ OF P~~~ ~OI~B~G~I: · ' APPLICABLE ]EDUCATION .AND/OK · ~.J~$ONS ~OR W~G ~0 $~ I"IAV'B YOU 2-V'BR B'~.~'-~ CONVIC'L~ OF ANY FBLONY IN ~ OR ANY STATS? ,~ 0 WOULD YOU CONSIDBR SBI~VIN6 ON A BOARD.OW:IZ~ THAN T'HM ABOVE? N 0 '- Subscrih~l ~ sworn r:v. ~l ,,~. ~'~, H. JOANNE SANDBERf3 !1";'*' a: ;~- ~""c°M*"ss'°N~°° I1~..¢~_,'~,~ EXPIRES: April 30. 2002 RE,3EWED REOEIYEB .:, , SE~ASThtN APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Resiclents of the City of SeDastian) HOME PHONE: ~ ~ ~ [ ~S~ HOME FAX: S~ ~ E-MAIL: BUSINESS: BUSINESS ADDRESS: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CItY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? E-M^,L: id HOW LONG? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ 'CHARTER REVIEW COMMIT F~=E (aerve~ only 6 montha every 7 year~ - mee~s next in 2006) CIT]7=NS BUDGET REV]EWADVISORY BOARD (temporary) ~t""7 ~t'~ CODE ENFORCEMENT BOARD ~ermanent board) CONSTRUCTION BOARD (pan'nanent board) HANDICAPPED SELF-EVALUATION COMMITI'EE (permanentboerd) PLANNING AND ZONING COMMISSION (peEnanent board) ~POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITI'EE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMFTEE (If applicable), (WRITE IN COMMI"FrEE NAME) APPLICABLE EDUOAT]©N AN.D/OR EXPERIENCE: (a~acn separable r?~ume illusory) R~SONS FOR WANTING TO SERVE ON LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR OOMMI 1 i ~=' HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE.? fOb, HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN TH,S OR ANY WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE.? hereby c~rtlfy l~at'[ am qua]Bed to hold the pos~on for which thi~ appli~tion i~ made. F~her, I hereby a~o~e ~e C~ ~ Seba~ian to inve~ga~ ~e ~tness ~ all i~on ~i~ I have ~mvided m~is applicon. I undem~nd ~at any misrep~sen~aen or omission of i~fion reque~d in this appti~tion is cause for di~qu~iom have b~n D~vided web read and under, nd C~ of Sa~sfian Code of O~inencas Sa~ons 2-186 ~ugh 2-173 (a~ched). lnfo~ion ~Jafive to a spacifi~ beam or ~m~ee is av~tab ~ m ~ed. ~li~a~.~d ray. ~D02 APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Res[dents of the Ctty of Sebastian) HOME PHONE: "~'~- ~,~"~ HOME FAX:3;~__~,'(~,<~'L..-- E-MAIL: BUSINESS ADDRESS: /~ ~(,~ /~ ¢~m BUSINESS PHONE: ~9¢~ -II) ~ BUSINESS F~: ~ E-MAIL: ARE YOU A RESIDENT OF THE CI~ OF SEBASTIAN? ~ HOW / DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CI'TW BOARD OR COMMITTEE? WHICH BOARDS/COMMII~i ~ES? ,/~ ;"~.~-)~ PLEASE cHEcK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: · CHARTER REVIEW COMMi i i ~= (serves only 6 months every 7 yeo~ - mee~ nex*t in 200~ -- CI'I"IZENS BUDG~'T REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD ~errnanent board) CONSTRUCTION BOARD (permanent board) HANOICA~=PED SELF-EVALUATION COMMI'~r'EE (permanent boarcl) PLANNING AND ZONING COMMISSION (permanentboerd) ---'"'"--~OLICE RETIREMENT BOARD OF TRUSTEES ~ermanent statutory board) PARK~ & RECREATION ADVISORY COMMI'r'TEE (temporary) TREE & LANDSCAPE ADVISORY BOARD(permenen~ board) OTHER TEMPORARY COMMI~ I ~ (If applicable) (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND;OR EXPERIENCE: (a~ach separate r~aume if naca~,~ry) REASONS FOR WANTING TO SER~ ON BOARD OR COMM[ I 1 :~: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI~ i~-E: · d -lAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MOP, AL 'URPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? · I hereby ~ ~tt'l am quNffied ~ hold ~e pos~on ~r ~i~ this appli~tion is made. Fu~er, I hem~ a~ho~e ~ Ci~ of SebaMian to inv~ga~ the undemmnd that any misrepmsen~aon or omission of ~afion raqua~ad in this a~pli~tion is cause for disquallfi~ion. . ~ve baen provided web, read and undemmnd ~ of Beba~ Cod~ nf O~inan=es $m~ms ~m~h 2-) 73 and ~Dm to be S~scrlbed ' . . ' . "4 duced ~appli=at,wp d ~ ~ ~,o, ~ rev. 5~002 W.O. LANGLEY, Jr. Mobile: ( UNIQUE QUALIFICATIONS: * Ability to focus on the global or overview position on issues not just details * Experienced in areas of health care management, mental health planning, pediatric/adolescent and emergency care planning and most recently substance abuse division management * Leadership abilities demonstrated by corporate management positions held, such as, Vice President and President of private health care planning/management firms and head of State licensing program * Interpersonal skills learned bom contractural, study, and presentation activities with operational Boards, elected officials, medical staffs as well as community groups * Communications abiilties demonstrated by written reports to Boards, sta~, and teaching appointments * Adaptability to change and demonstrated capacity to self initiate products * Management style that is more active "hands on" not desk bound but one that requires and seeks staff initiative, competency and selfdireetion. Guiding a staff team which is able to operate within overall policy and direction is my preferred * Personal social services consumer empowerment philosophy GENERALLY QUALIFIlqB BY: Many years of result oriented health care management experience, including: * Health care facility administration * Physical facilities planning for acute and special care units with implementation of functional programming * Health facility construction/project management * Multi-organization experience with governmental and non profit Boards * Negotiating with major professional groups * Excellent written and verbal presentation skills * Interfacing effectively with elected officials and state agencies * Market analysis for programs and entities * Site feasibility studies * Area-wide and local community health services and facility planning * Short and long range strategic planning for organization * Satellite facility planning and organization * Preparation and direction of state Certificate of Need applications * Private consulting activities with multiple Board organizations/structures * Consulting/witness appearances in various legal hearings, qualified expert in health planning and management * Responsible for State licensing for hospital and nursing home programs * Construction contract management PROFESSIONAL EXPERIENCE: * JDJ Associates, 123 Gallows Bay, St Croix, USVI Contruction Manager to Guyana Telephone and Telegraph, Guyana, S.A. 1996--1997 Assigned to GT&T to supervise and manage construction contracts for rehabilatation of central offices, main satellite center, secondary satellite stations on the Brazilian and Venezuelan borders, a vehicular maintenance structure, and several other projects. Activities included solo operations to order supplies, arranging schedules of work, interfacing with local management as consultant, responding to directions from St Croix office, approving work in progress and completed and assisting local managers as requested. * Broward County, Ft. Lauderdale, Florida (Director, Alcohol and Drug Abuse Services Division) 1995--Present This Division is part of the county's Human Services Department and operates with a $10 million dollar annual budget and has 228 employees. There are 5 clinical care locations operated through the county including 2 facilities that operate 24 hours a day. Included are Detox, 2 Residential units, 4 outpatient centers, an intensive outpatient unit and the Drug Court facility. Services are provided to about 8500 clients per year. Responsible for reorganization~,ogram and implementation of account receivables program and planning for centralized intake program. Responsible for developing seamless operational approach changing from individual program direction. [] North Broward Hospital District, Ft. Lauderdale, Florida (District Director Strategic Planning & Governmental Affairs) (District Director Certificate of Need Services) 1991--1995 The district is a tax assisted Hospital District which operates 4 hospitals in Broward County, with a total of 1567 beds and several primary care clinics/occupational medicine units. Responsible for advising and assisting Administration in development of strategic issues, operating needs with respect to patient service needs and areas served, coordination of all state applications for CONs, representing corporate group on local health planning, and Healthy Start Board for Obstetrics and Pediatrics programs. 2 Provided monthly quality review of utilization performance, competitor review and target goals achieved. Responsible for information system for plaaningdmarketing studies. Assisted with major construction program to develop and monitor budget/design issues. Other administrative duties as assigned by President and Senior Vice President of Operations. [] Department of Health, U.S. Virgin Islands (Executive Assistant, Office of the Commissioner) 1990--1991 Appointed by USVI Governor to work directly with the Commissioner of Health and Assistant Commissioner of Operations. Responsibilities included coordinating renovation programs for 2 hospitals, 4 clinics and mental health facilities with operational staff. Worked with architectural design team and contractors to identify problems, develop solutions and represent governraental position and needs. Represented USVI Department of Health with other agencies on several contract committees reviewing services. Was active on St. Thomas, St. John and St. Croix Islands. Other responsibilities were as assigned by the Commissioner. [] Morton Plant Hospital, Clearwater, Florida (Director of Planning and Government Affairs - Corporate) 1985--1989 Responsible for providing specific long-term planning studies; Campus use plans, environmental assessments; staffing of the Hospital and Corporate Planning Committee of the Board; interaction with state agencies regarding CON issues, licensing and other related issues for this 740-bed acute care hospital, 126-bed nursing home, 375-bed ACLF facility, diagnostic imaging facility, proprietary corporation and private foundation organizations. Developed issue papers and positions for the Governmental Affairs Committee to adopt and recommend to the Board. Served as representative on several lobbying groups and interfaced with elected State government officials. Carried out administrative activities assigned by President. * Successfully filed and obtained a number of State CONS for several projects ie., mental health, OB, nursing home, etc. * Developed and acted as editor/publisher for quarterly review on governmental issues * Successful negotiations to avoid adverse impact on licenses with state agencies * Appointed to HRS committee to redesign CON application for Nursing Homes * Successful in keeping $15.5 million building project under budget [] Langley Associates, Inc., Ft. Lauderdale, FL 1977--1985 (President, Hospital Planning/Management Consultants) (Includes the following concurrent positions) 1983--1985 (Administrative Advisor/Staff Consultant) Memorial Hospital (737 beds) Hollywood, Florida 197%-1980 (Contract management services under Langley Associates, Inc.) (Senior Hospital Administrator) University Hospital (130 beds) & multiple clinics Pensacola, Florida [] West and Langley, Ft. Lauderdale, FL & Boston, MA Health Planning/Management Consultants (Principal and Hospital Consultant) 1972--1976 [] Jacque Norman Associates, Greenville, SC Hospital Consultants (Consultant and Vice President) [] Ritchie and West, Ft. Lauderdale, FL & Boston, MA (Hospital Planning Consultant) 1967--1972 1964--1967 [] North Carolina Medical Care Commission, Raleigh, NC (State licensing and Hill Burton Agency) (Hospital Administrator 1962-1964) (Assistant Administrator 1960-1962) [] Catawba Hospital, Newton, NC (Hospital Administrator) MISCELLANEOUS PROFESSIONAL: Lecturer, Health Administration School Duke Medical Center Duke University, Durham, NC Adjunct Professor, Graduate Management Program Nova University, Ft. Lauderdale, FL Guest Lecturer, 1960--1964 1958--1960 1976--1985 1979--1982,1984 1977--1978 4 Graduate Program in Health and Hospital Administration University of Florida, Gainesville, FL Visiting Lecturer, College of Architecture Clemson University, Clemson, SC Author of research papers and speaker at various meetings Licensed Nursing Home Administrator, State of Florida (Inactive status) 1969--1972 1979--1986 AFFILIATIONS: American College of Healthcare Executives (Presently inactive) 1970-~Present American Associates of Hospital Consultants Friends Group 1985-1989 Board of Directors Fellow t 976-1984 Member 1979-1980 1970-1976 Society for Hospital Planning and Marketing of AHA (past member) EDUCATION: Duke University Medical Center - Certificate of Hospital Administration (Masters equivalent - predated MHA program) University of North Carolina - B.S. Business Administration RECREATIONAL INTERESTS: Sailing, bicycling, flying REFERENCES ON REQUEST OF , ,~ OF OITY ~LF_~,~,, APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Mem~3ers Must be Residents of the City of Sebastian) HOME PHONE:T2'~3 ~'~' ..~/~/r/HOME FAX: E-MAIL: BUSINESS PHONE~:~'~'~)..~ ~'~ ,~/~ ~BUSINESS FAX: .~ ~",~ ~,.~' E-MAIL~L ~'~ ARE YOU A RESIDENT OF THE CITY Of SEBASTIAN?/{/g~ HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMI'FTEE? WHICH BOARDS/COMMITTEES? ~,,~ ~/,~.~. ~'~..~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ ' CHARTER REVIEW COMMITTEE (sen/es only 6 months every 7 yeer~ - meets next in 2000-) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent boaro~ HANDICAPPED SELF-EVALUATION COMMI3-1'EE (permanent board) ~;;~oLNNING AND ZONING COMMISSION (permanent board) ICE RETIREMENT BOARD OF TRUSTEES (permanent ,statutory board) PARKS & RECREATION ADVISORY COMMH I mE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMh ~ ~-E (if applicable). (WRITE IN COMMI'FFEE NAME) ApP~,,ICABLE EDUCATION AN. ~D~/OR EXPERJENC_E: (attach separate resume if necessary) R~SONS FOR WANTING TO SER~ ON BOARD OR COMMI~EE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOAtRD OR COMMIl I ~-E: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? /~ f-~ WOULD YOU CONSIDER SERVING QN A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? 1~4 ~/~ P, hereby certify that'[ am oualified fo hold the position for which this application is made. Furlfler, I hereby authorize he the truthfulness of ell information which I have provided in this application. City of Sebastian to investigate understand that any misrepresentation or omission sf information requested in this application is cause for disqualification. I have been provided with, mad and understand City of Sebastian Code of Ordinances Sections 2-166 th3~ 2-173 (attached). Information relative ts a specific board or committee is available if requested. , Applicam ~lrgnature ' Subscribed and sworn to before me this ~ day of(?Pf"--~-~-)'~r, C~:~3' by as identification. Notary Public, State of Flodds rev. =oo2 APPLICATION TO SERVE ON CITY BOARD/COMMITTI~ (All City Board and Committee Members Must De Resiaents of the City of Sebastian) HOME PHONE: ~"~ I- :~ ~'~ HOME FAX: E-MAIL: BUS,NESS: BUSINESS ADDRESS: /~,.~_.~ ,,,~,~ ~ ~-.~. BUSINESS PHONE: $~'-- yP.~3~, BUSINESS FAX: ~/-O1~ ~, E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEE~ASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFIC ?~.¢.,~_ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMI'T-FEES? _~;~../ P,~-.x~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: 'CHARTER REVIEWCOMMJl ~ ~-¢= (serves only 6 months every 7 years, meets next in 2005) CFFIZEN$ BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (pem3anentboard) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMFI"I'EE (permanentboa~) PLANNING AND ZONING COMMISSION (permanentboerd) ~I'TPoLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMh'"i'~-E (temporary) TREE & LANDSCAPE ADVISORY BOARD (l~ermanent board) OTHER TEMPORARY COMMITTEE (If applicable) (WRITE IN COMMI'['FEE NAME) APPLICABLE EDUCATION AND/?R EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMF~-~E.: LiST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMll 4AVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? AVE YOU ~=VEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? /[/e WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE?/~//O~ I hereby cerlify ~'1 am 0uallfied t~ hold the position for which this application is mode. Further, I hereby aathariz, e the City of Sabastian ~ investigate the truthfulness of all information which under, riband that any misrepr~sert~tion ar omission of information requested in this application is cause for disqualification. hove been provided with, read and understand City of Seba¢.,~ of,,(2}rdinances Sections 2-186 through 2-173 (attached). information relative to a apec~fic board or ,~a~ntSigrmture ( ' Subscribed and aworn to before -- as identification. ry PaOli:, State of Ftorid \wp.form~pplic~t.wpd 5,'2.002 City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Vacant Code Enforcement Board Position Appr~~ Agenda No. ~.~j~ Department Origin: City Clerk's Office Date Submitted: 9/15/03 For Agenda of: 9/24/03 Exhibits: applications, board member list, ad Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Due to the appointment of Mr. Seeley to the Planning and Zoning Commission, his unexpired position is vacant. There are 3 applications. One of the applicants, Mr. Craw was just appointed tothe Construction Board and plans to resign if he is chosen for the Code Enforcement Board. RECOMMENDED ACTION Move to appoint expire 2/1/2006. to the unexpired subcontractor position that will APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Meml3ers Must be Residents of the City of Sebastian) HOME ADDRESS: '"~<:~;, ,,,~_ ~'/¢-¢ ? ~ T HOME PHONE: ~"~/- ~>7 ~ ~ HOME FAX: BUSINESS: /~ C_ '~"~'_~ V (~.. c¢ BUSINESS ADDRESS: E-MAIL: BUSINESS PHONE: BUSINESS FAX: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? E-MAIL: HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMFFi'EE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ 'CHARTER REVIEW COMMH t mE (serves only 6 months every 7 year~ - meets next in 2006) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCT]ON BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMFI-~'EE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent .statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent I~oard) OTHER TEMPORARY COMMITTEE (if applicable). (WRITE IN COMMh t*-E NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMI~ ~ S LIST ANY ADDITIONAL QUALIFICATION TO SERVE ON BOARD OR COMMll l -E: -lAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~./,/~_~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE~ · ' '" / I hereby certify that'l am qualified to holcl the position f~r which this application is made. Further. [ hereby authorize the City of Sebastian to investigate the truthfulness of ali information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastij~ode of Ordinance~9~ctiJ:~,~-lB6 through 2-173 ~,,~p'plicant Signature ¢ ' Subscfibecl and s'mtom to before ma this .~flC~ day of 5'~p¢-- ~, by FF'~..d C/~rrl(~ilf , who is personally' ~:,ov¢, to me, or has pro~duc..,cl _ , . ,, rev. 512D02 ~Zq ......... cf .' APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME PHONE:'?;;:;',.j' .. 5-0,0~ -¢'=',¢,~' HOME FAX: E-MAI L: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?...~' ,~-.~ HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMFFrEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING ¢1: __ CHARTER REVIEWCOMMI'CFEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMIT I ~-E (if applicable) (WRITE IN COMMITTEE NAME) kPPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMI"i-I'EE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: -lAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? /j./~__~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? yB~_~ I hereby cer[ify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of SeDastian to investigate the truthfulness of all information which I have provided in ~his application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 Applicant Signature ~Su~c d e~_~ sw~r,n to before me ,~ ~::~, by L~,~/'~C h, C~ ~- , -.'x ' , or has produced \wp-form\applicat,wpd ~l~.?~"?:~ UYCOa~ISSIO~#990S9531 /i C~ .... OF SEBASTIAN :)FFICE OF CITY CLERK APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must 0e Residents of the City of Sebastian) NAME: Gi]he. rt J. Swig~r HOME ADDRESS: 667 Wallis Aven~e Sebastian, FL 32958! HOME PHONE: 589-2831 HOME FAX: N/A E-MAIL: N/A BUSINESS: Sebastian Realty, Inc. BUSINESS ADDRESS: 1329 U.S. ,qebas-b/an, FL 32958 BUSINESS PHONE: 589-3111 BUSINESS FAX:589-3885 E-MAIL: ARE YOU A RESIDENT Of THE CITY Of SEBASTIAN? Yes HOW LONG? 29 yr. DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? No DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMI I ~ ~-E? No WHICH BOARDS/COMMI'I-I'EES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: I CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006~ CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (~ermanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (permenent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMI I I mE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMll lEE (if applicable). '(WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) life in general - business in qeneral - most in the City of Sebastian REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: keep Sebastian the beautiful City it is. Maintain the ~a]ity of life style developed over the years LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: public mind. ed - past Cba i rman Sebastian Airport C~Lud.ttee HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? No HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? No WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? possibly I hereby caf'dry that'l am qualified to hold the position for which this application is made. Further, I hereby author~.e the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I undemtand that any misrepresentation or omission of infcrmation requested in this application is cause for disqualification, J have been provided with, mad and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). information relative to a specific board or committg.~,is available ~pT~q~ed. - ~pplicantSignature [/ ubscr, bed awom to b.,ore ma thia da, , b, . /~/~2-- ~s identification. Notary Public, ~t~of Florida ' rev. 5/2002 CODE ENFORCEMENT BOARD MEETS THIRD WEDNESDAY OF MONTH IF HEARING IS NEEDED - 2:00 P.M. MEMBER NAME POSITION APPOINTMENT HISTORY CURREI~ AND ADDRESS STATUS Salvatore F. Neglia Engineer Took Tut Connelly's Regular Term to 461 Georgia Blvd. Position Member Position 8/14/2002 expire Sebastian FI 32958 388-5020 8/1/2005 William H. Businessman Simmons Position Reappointed Regular Member Term to 509 Drawdy Way Position 2/26/03 expire Sebastian, Florida 3/1/2006 32958 589-9826 Took Sar Neglia's Unexpired Term to Regular Member Position 2/13/2002 expire 3/1/2003 Ed Seeley- Vice Subcontractor Chairman Position Took Allen Schofield Regular Term to 697 Albatross Member Position 2/12/2003 expire Terrace 2/1/2006 Sebastian, Florida Took Morozowki's Unexpired 32958 Alternate Member Position 5/8/2002 Term to 581-5646 expire 4/1/2003 Ken Cosco Realtor Term to 372 Banyan Street Position Reappointed to Realtor Position: expire Sebastian, FL 2/27/2002 3/1/2005 32958 388-5432 Reappointed to Regular Member Term to Realtor Position 3/24/99 expire 3/1/2002 Took Gilliams Regular Member Term to Realtor Position 5/96 expire 3/1/99 Appointed 1st Alternate 6/95 Term to expire 6/1/98 Jayne Barczyk Member 609 Caravan Position Reappointed Regular Member Term to Terrace 2/28/2001 expire Sebastian, FL 3/1/2004 32958 Took Joseph Flescher Unexpired 388-1949 Regular Member Position 9/9/98 Term to expire 3/1/2001 8O Ronald M. General VanBuskirk - Contractor Reappointed Regular Member Term to Chairman Position Contractor Position 6/12/2002 expire 252 Dock Avenue 6/I/2005 Sebastian, Florida 32958 Took Peter Cavallo's Unexpired Term to 589-7804 Regular Member Contractor Position Expire: 2/12/2001 6/1/2002 Leon E. Griffin Regular 108 Melton Avenue Member Took Simmons Regular Member Term to Sebastian, FL Position position 2/26/03 expire 32958 3/1/2006 589-0983 Took Adrina Davis Unexpired Alternate Member Position Vacated Term to __ . 7/10/2002 expire ~/1/2004 Eva Schofield Alternate Took Seeley's Alternate Member Term to 1106 Breezy Way Position 2/12/03-Because this only expire #1-C gave her two months, council voted 4/1/ .... Sebastian, FL to expire her in 2006 2006 32958 589-7440 Robert F. Manuel Alternate Took Griffin's Alternate Member Term to 103 Day Drive Position 2/26/03 expire Sebastian, FL 32958 6/1/2004 581-3592 BOARD RECORDING SECRETARY 81 HOME OF PELICAN ISLAi~O August 29, 2003 PRESS RELEASE CODE ENFORCEMENT BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING POSITION ON THE BOARD: AN UNEXPIRED REGULAR MEMBER POSITION THAT WILL EXPIRE 2/2006 QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN & AS FAR AS PRACTICAL A SUBCONTRACTOR. THIS BOARD MEETS THE 3RD WEDNESDAY OF EACH MONTH - 2:00 P.M. IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 ~ STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM AND WILL BE ACCEPTED THROUGH ~AZZ, 9/12/03. PLEASE NOTE THAT SHOULD COUNCIL CHOOSE AN ALTERNATE MEMBER TO FILL THIS POSITION, COUNCIL HAS THE AUTHORITY TO FILL THAT ALTERNATE POSITION USING THE SUBMITTED APPLICATIONS AT THE SAME COUNCIL MEETING. City of Sebastian, Florida Subject: Resolution No. R-03-37 te for Calendar Year Agenda No. d7.~2. Department Origin: Finance Date Submitted: September 15, 2003 For Agenda of: September 24, 2003 Exhibits: > Draft of Resolution No. R-03-37 ~ Copy of DR 420 Certification of Taxable Value EXPENDITURE N/AMOUNTA BUDGETED: REQUIRED: N/A APPROPRIATION REQUIRED: N/A SUMMARY In accordance with Florida Statute 200.065 (7)(a.)(1.), a tentative millage tax rate for calendar year 2003 and for the budget year beginning October 1, 2003 and ending September 30, 2004, was approved by City Council on September 11, 2003. The proposed millage tax rate of FOUR AND FIVE NINE ZERO FOUR THOUSANDTHS (4.5904) MILLS is 5.93% greater than the "rolled-back" tax rate of 4.5013 mills and will provide sufficient operating revenue for the proposed budget for fiscal year 2003/2004. There have been no changes from the tentatively approved millage tax rate to the final millage rate presented to the Council tonight for f'mal adoption. RECOMMENDED ACTION Move to adopt Resolution R-03-37 establishing the millage tax rate of 4.5904 mills for calendar year 2003. RESOLUTION NO. R-03-37 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 4.5904 MILLS FOR THE CALENDAR YEAR 2003 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. MILLAGE RATE LEVY. There is hereby Levied an Ad Valorem Tax of FOUR AND FIVE NINE ZERO FOUR THOUSANDTHS (4.5904) MILLS against all real and tangible personal property for the calendar year (January 1, 2003 through December 31, 2003) and the resulting tax revenue is hereby appropriated for the General Operating Fund of the City of Sebastian for the fiscal year beginning October, 1, 2003 and ending September 30, 2004. Section 2. ROLLED-BACK RATE. The tax rate established in Section 1. is 5.93% higher than the computed "relied-back" tax rate of 4.5013 mills. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Secti6n 4. EFFECTIVE DATE. immediately upon its adoption. This resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum The Mayor thereupon declared this Resolution duly passed and adopted this 24th day of September, 2003. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney CERTIFICATION OF TAXABLE VALUE $ ~,-T4eN I 2003 Year T?~TA'f,~ ~T'iI~R Cou~ To C~ OF (Name ~ T~ (1} C~Y~rT.~b~V~eofR~ Pm~forO~Pu~s S 656,710,$27 (~ C~.Y~r T~ Vatue of P~ Pm~ lot O~flng p~s $ (3), Cu~Y~rT~b~Va~ofC~~ Pm~f~O~Pu~ $ 7~ (4) CU~ Y~ G~ T~e V~ua for Opemti~ Pu~ (1)? (2)'* (3) S 700 (6) Cu~ Y~ N~ N~ T~e Va~ (N~ Con~:+ AddElo~:~ R~I~ $ Im~ I~alng'A~ V~ By At L~ I~ + Ann~o~ - Dales) (~ Cu~Y~rA~T~Value (4}-(~ : $ 660,621,975 ~ P~ Y~ FI~I'G~ T~b~ Vmue $ (F~ P~r Y~r A~ Fo~ DR~ I do he~ ~ the ~u~ ~ h~n te ~ ~ ~ ~ ~ of ~ ~ge and ~f. ~ ~ ~end and VERO ~EAC~ , F~dda. th~ffie 2~ -. d~of DR-420 R.01195 TAXING AUTHORrTY: If this portion of the form is not compteted in FULL your Authority will be denied TRIM cartlflcaUon and poeailqy lose its millage levy priviloge for the tax year. If any line ia inapplieabk~ enter N/A or -~-~ ~ SECTION (,8] Prier Year Operating Mill~ga Levy- (9) PrlbrYe~'AdValomm Pro.earls (7) x (8) (10] culreat.Year Rolled-Bacl( Rate (9) ~- (6) (11). Current~Year Pmtmsud Operating Millage Rate (~2)! Check TYPE of Ta)dng Authority: ' ~-"~ Murdelpalll7 ~----] ~deat Spectsl s A'. 5904' per STOOD $ ' 4. 3333 petal.ODS S 4~ 5904' ~er S'1.000 (13) IF DEPENDENT SPECIAk DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE.SIDE. (14) CurrentYearMl~lage Levyfor ' - -' ~ '- : - $ 0, Fi0 parS1.000 (16) Cu;mntYear Millage levy for · :_. --, -, $. 0.00 - parS1,000 (16) Enter'Total Prior Year Ad Valorem Proceada of ALL OEP. ENDENT Soeclal Distflcts & MSTU's levying a m liege. (The sum of Une (9) from each' Dlsttfct's Form DR-420) 2~862~551 (17]' Tot~ PriorYear Proceeds: (9) ~- [!6). (18) The Cterent Year Aggregate Roiled-bacK Rate: (17) <- (6) $ 4.3 3'~ 7~ ~er $1.C00 (19) Current Year Aggregate R0~led-back Tab<es: (4)'x'(~l 8) (20) Enter Total of all non-voted Ad Valorem Taxes oropeaed ~obe levied by the Pdncieal $ 3 Taxing Auttto~ity; ad Dependent Dlstrt~; & MSTU'e if ~ny. Line (11) x Line i21) Current Year Pmpeead Aggregate Millage Rate: (20) * (4~. $ z~. 5 ~) (.1 ~ ~er $1.000 (22) CurmntrYearPmpeaedRateeaaPERCENTCHANGEo~Rolled.backRate: 5 ~.~.~ % [(Line 21 + Line t 8) - 1,00] x 1 O0 Date. Time and P~'sue of the first Publlo Budgot Heatlog: : ~,.~..Di., G~ .1'~; CO~Ci.].' ChamJoar$. 1.2.25 ,~aED Str~t. Seb~st:iA~; ~:lorida 32958 ,[ do hereby ce~f'y the millages and'rates shown herei~ to betcorrect.to the best of my knowledge a~d belief. FURTHER. Pc~ertify that. all millaa~s comply with the provisions of SectiOn 200.071 or 200.081 F S WITNESS my hand and official siena '.'t~t.. .~?/ ~eb~tJ. ar~ , Florida, thisthe24t~ay of (Month a'n~l.Year) 3'ul?~ 2003 /'~[~L..--'''~' ""'~'~ ~n~'xn~ ~ 1225 aai~ ~r~:et, Seb~sP.l~ D~ 32958 .SJ~gDat~?e and~ltle of ~Chlef Adminiatral~e offic~" ~' ~-~'/ / ~'~/ ~ Address of Physical Location 12'2'5 [~ain ~tz-~et Debra, a~uege~' ~ CSFO ~tailing A~dn~s ~ ~tam~ of Contact Pe.~n ae~asr.-,an, ?lorida 229L:B 772-~8-i~20~ 772-589-5570 ¢i1~ Slate Zip Phone # Fax # SEE INSTRUCTIONS ON REVERSE SIDE City of Sebastian, Florida Subject: Resolution R-03-38 Adoption of a Budget for Fiscal Year 2003/2004 Agenda No. 8 3 · D q3 Department Origin: Finance Date Submitted: September 15, 2003 ~.~ For Agenda of: September 24, 2003 Exhibits: · Resolution R-03-38 and Schedule "A" EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY In accordance with Florida Statute 200.065, a tentative budget for fiscal year 2003/2004, beginning October 1, 2003 and ending September 30, 2004, was approved by City Council on September 11, 2003. There have been no changes from the tentatively approved budget to the final budget presented to the Council tonight for final adoption. RECOMMENDED ACTION Move to adopt Resolution R-03-38 establishing the budget for fiscal year 2003/2004. RESOLUTION NO. R-03-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a Proposed Budget for the City of Sebastian for the fiscal year beginning October 1, 2003, and ending September 30, 2004; and WHEREAS, on September I I, and September 24, 2003, the City Council conducted Public Hearings on the Proposed Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The City Manager's Proposed Budget is hereby adopted for the Fiscal Year beginning October 1, 2003 and ending September 30, 2004. Section 2. The amounts shown on the attached Schedule "A" are hereby appropriated out of the Treasury of the City, including any revenues accruing to the City available for purposes of the City's budgetary accounts. Section 3. The City Manager is hereby authorized and directed to proceed with the implementation of the service programs and projects provided for in the budget. Such implementation is to be consistent with the prov/sions of the City Code of Ordinances and policies established by the City Council. Section 4. The City Manager is authorized to make budget adjustments within budgetary accounts, as he deems appropriate. He is further authorized to make budget tments between budgetary accounts when necessary to implement programs, projects, and expenditures authorized by the City Council. adjustments will require prior approval by the City Council. All other budgetary Section 5: If any clause, section, or other parts of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions oft his Resolution. Section 6. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall become effective October 1, 2003. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum The Mayor thereupon declared this Resolution duly passed and adopted this 24th day of September, 2003 ATTEST: CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney ATTACHMENT TO RESOLUTION R-03-38 SCItEDULE "A" BUDGET SUMMARY FISCAL YEAR 2003/2004 GENERAL FUND REVENUE: 001501 Taxes 001501 Licenses and Permits 001501 Intergovernmental 001501 Charges for Services 001501 Fines and Forfeits 001501 Miscellaneous 001501 Transfers In 001501 Cash Balance Carryforward Total Revenue EXPENDITURES: 010001 Legislative 010005 010009 010010 010020 010021 010035 010041 010042 010043 010044 010045 010047 010048 010049 010051 010053 010052 010054 010057 01OO59 010080 010085 010099 City Manager City Clerk City Attorney Finance Management Information Services Human Resources Police Admirfistration Police School Resource Unit Police Ufftform Division Police Community Policing Unit Code Enforcement Division Police Detective Division Police Support Division Police Dispatch Division Engineering Stormwater Utility Roads and Drainage Garage Parks and Recreation Cemetery Growth Management Building Department Non-departmental Total Expenditures $ 5,604,935 998,587 1,701,954 183,454 126,064 152,310 367,556 131,182 9,266,042 $ 37,382 316,282 266,562 129,302 330,357 I00,204 186,584 281,885 127,030 1,702,977 140,037 98,801 412,992 241,572 364,197 437,323 798,918 838,282 160,403 69~297 136,408 220,248 399,231 844,767 $ 9,266,042 SCHEDULE "A " BUDGET SUMMARY FISCAL YEAR 2003/2004 SPECIAL REVENUE FUNDS COMMUNITY DEVELOPMENT BLOCK GRANT 106010 REVENUE CDBG Grant Total Revenue 106051 EXPENDITURES Opera~mg Transfers out Total Expenditures LOCAL OPTION GAS TAX FUND 120010 REVENUE Taxes Miscellaneous Total Revenue 120051 EXPENDITURES Operating Debt Service Transfers out Total Expenditures DISCRETIONARY SALES TAX FUND 130010 REVENUE Taxes Miscellaneous Total Revenue 130051 EXPENDITURES Transfers out Non-operafmg Total Expenditures RIVERFRONT REDEVELOPMENT FUND 140010 REVENUE Taxes Miscellaneous Total Revenue 140051 EXPENDITURES Operating Total Expenditures 2 698,000 698,000 50,000 648,000 698,000 705,595 10,533 716,128 202,128 300,000 182,000 716,128 2,043,599 29,609 2,073,208 $ 2,044,399 28,809 2,073,208 199,495 2,735 202,230 164,987 202,230 SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2003/2004 SPECIAL REVENUE FUNDS continued RECREATION IMPACT FEE FUND 160010 REVENUE Miscellaneous Total Revenue 160051 EXPENDITURES Transfers out Non-opemt'mg Total Expenditures STORMWATER UTILITY FEE FUND 160010 REVENUE Miscellaneous Total Revenue 160051 EXPENDITURES Operating Transfers out Non-operating Total Expenditures LAW ENFORCEMENT FORFEITURE FUND 140010 REVENUE Fines and Forfeitures Miscellaneous Total Revenue 140051 EXPENDITURES Operating Non-operating Total Expenditures G.ILE.A.T. PROGRAM FUND 140010REVENUE Intergovemment~l Total Revenue 140051 EXPENDITURES Operating Total Expenditures $ 288,963 $ 288,963 $ 70,000 218,963 $ 288,963 $ 785,879 $ 785,879 $ 5,125 154,556 626,198 $ 785,879 $ 2,000 1,027 $ 4,027 $ 2,700 1,327 $ 4,027 $ 9,700 $ 9,700 $ 9,700 $ 9,700 3 SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2003/2004 DEBT SERVICE FUND 201010 REVENUE Miscellaneous Non-operating Total Revenue 201051 EXPENDITURES Operating Debt Service Total Expenditures DST SERIES 2003 BOND DEBT SERVICE FUND 230010 REVENUE Interfund Transfer Total Revenue 230051 EXPENDITURES Operat'mg Debt Service Total Expenditures CAPITAL PROJECTS FUNDS REVENUE Local Option Gas Tax Discretionary Sales Tax Recreation Lmpact Fee Fund Grants and Other Revenues Total Revenue EXPENDITURES Roads Sidewalks Recreation Public Facilities Debt Service Total Expenditures $ 21,354 60,884 $ 82,238 $ 160 82,078 $ 82,238 $ 818,706 $ 818,706 $ 3OO 818,406 $ 818,706 150,000 1,059,693 70,000 0 1,279,693 300,000 180,000 670,000 175,000 I54,693 1,479,693 4 SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2003/2004 GOLF COURSE FUND 410010 REVENUE Charges for Services Other Non-operating Cash Balance Carryforward Total Revenue EXPENSES 410110 GOLF COURSE ADM]),rISTRATION DMSION Personal Services Operating Expenses Debt Service Total GC Administration Div/sion 410120 GOLF COURSE GREENS MAINTENANCE DIVISION Operating Expenses Capital Outlay Total GC Greens Maintenance Dixfsion 410130 GOLF COURSE CARTS DIVISION Personal Services Operating Expenses Total GC Carts Division Total Golf Course Expenses AIRPORT FUND 450010 REVENUE Charges for Services Other Non-operating Cash Balance Carryforward Total Revenue 450110 EXPENSES Personal Services Operating Capital Outlay Non-operating Total Expenses 1,484,154 18,731 51,726 1,554,611 284,481 253,775 310,890 849,146 555,739 43,200 598,939 52,326 54,200 106,526 1,554,611 169,438 41,039 28,935 239,412 128,475 78,670 30,508 1,759 239,412 AGENDA TRANSMITTAL Subject: Approve Suffolk Construction's Proposed Guaranteed Ma.xdmmn Price Submittal For The Construction of The New City Hall & Police Department Expansion/Renovation, & Amendment Agenda No. _~,3, /__b_ O Department Origin: General Services Genera] So.ices Administrator: Finance Director: ~ as to budget o~dy Date Submitted: September 18, 2003 For Agenda of: Septembe~ 24, 2003 Extfibits: Guaranteed Max/mum Price Amendment EXPENDITURE AMOUNT BUDGETED: REQUIRED: $7,244,760 $7,510,963 SUMMARY APPROPP4ATIO~N REQUIRED: 74//! The City is now ready to embask on one of its most significant & exciting construction projects, that of a new City Hall including Council Chambers, Police Department Expansion & Renovation, adjoi_nmg Mumcipal Complex Park, and to directly follow completion of the aforementioned, existing City Hall Renovation/Restoration into a community building with historical value. The existing Old Elementary School]City Hall Interior Restoration will be brought before City Council at a later date Itowever. The procurement & construction process we are using (Construction Manager ("CM") ~ Risk) for the City Hall Municipal Complex Project is interesting in that the CM is brought on board early to provide pre-construction services which consist of pr/madly ~vorking closely with the Atch/tect on the design process, and then later on is comrmSsioned to peffonn construction management services at a guaranteed maXnUum price..lust as the architect takes the project lead early on for design & consulting, the entire project is now turned over to the CM for construction management at a guar ant eed mayamum price. The original contract requires a subsequent amendment to establish th/s mayamum price, and that is the first item addressed by tonight's acfio~z Secondly, since the time that Suffolk Constructien was originally approved by City Council as the CM, the original project has been expanded to include development of the Muninipal Complex Park. The proposed Contract Amendment project at no additional charge, with a second GMP Amendment to establish the construction costs ofthe Park. Use of ~k~ single construction manager will have the effect oftfmg the entire Sebastian Mumcipai Complex Project, together with continuity in construction services. As the Park was added, final design is being prepared by PEG Architects to be brought before planmng & Zoning in October 2003, and then Smffwill request City Council approval of OMP for the Pm-k. The final matter addressed in the contract involves a ~ in thc risks concerning hurricane damage to the project during construction. Rather than price in an inflated construction price to cover the risk of such damage, the City w/Il assume tiffs risk and the Guaranteed Maximum Price (GM]?) submitted by Suffolk Construction has been adjusted downward to reflect this change. Since the secondary items pro~dde the basis for establishing a MaXonum Guaranteed Price, it is appropriate that they all be addressed in the MaXaUum Guaranteed Price Amendment requ/red by the Contract. Construction Costs for the New City Hall & Police Station are as follows and constitute the OMP: 1. New City Hall Construction $3,691,269 2. Pohce Station Expansion/Renovation $2,405,813 3. Site Work (Including Landsoaping, Utilities, Sidewalks, Other Ir~frastmcture, Etc.) $1,147,678 TOTAL CONSTRUCTION COSTS= $7,244,760 REC Oi~VI1VIENDED ACTION Authoff~ze execution of the Maxm~um Guaranteed Price Amendment to the Constraction Manager a~: Risk Contract with Suffolk Construction. Guaranteed Maximum Price Amendment To Construction Manager at Risk Services Contract Between City and Suffolk Construction dated April 14, 2002 PURSUANT TO Article 2.1.13 of the Construction Manager at Risk Services Contract between City and Suffolk Construction, Inc. dated April 14, 2002, the parties hereby enter into the following Amendment to said contract: The Guaranteed Maximum Price ("GMP") Proposal attached hereto as Exhibit "I" is hereby accepted in accordance with the assumptions therein and the terms of the original contract, except as set forth below. The scope of the Project has been expanded to include development of the adjoining municipal park as part of the Project, and Suffolk has agreed to include pre-construction services on this aspect of the Project for no additional compensation. A second GMP Amendment shall establish the compensation for construction services on the expanded Project. The City shall assume the risk of wind and flood damage deductibles under the provisions of the Builder's Risk policy required by GC 31 of the original contract, and the City's assumption of said risk is reflected in the Guaranteed Maximum Price set forth in Exl~oit 'T'. 4. All remaining terms of the original contract shall remain in full force and effect. AGREED TO this __ day of September, 2003. CITY OF SEBASTIAN ATTEST: Terrence R. Moore, City Manager Sally Maio, CMC, City Clerk SUFFOLK CONSTRUCTION, INC. Approved as to form and legality for Reliance by the City of Sebastian only: Its: Rich Stringer, City Attomey "Exhibit I" September 18, 2003 M~. Paul Wagner General Services Admlui~ator City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Sebastian New CityHall and Police Expansion & Renovations Dear Paul It was a pleasure meeting with you today to review ~ proposal for the Guamateed Max~num Price for this project. As discussed ~oday, our proposed G.M.P. for the construction of the New City Hall and Bxpam'ion and Renovation of the ex~t~ug Police Station including all sim worlq utilities, and landscaping is: SEVEN MILLION TWO I-IUi~R.ED FOI~.TY FOUP, THOUSAND SEVEN HUNDKED AND SIXTY DOLLARS, ($7,244,760.00). We look fmxvatd m atartiug ~hi~ exciting p~jee~, and working with yOur staff flnough completion. Sine~ly TO0~ MOI~D~:4.T,SNOO h~IOd~l~ ~LL9 ggg Ig9 r~H ~g:zo go/6t/6o Subject: Drag Racing Proposal for Sebastian Municipal Airport /','VIUNICIPAL AIRPORT City of Sebastian, Florida Agenda No. 0~7./qg' Department 0 ' ' ' Dept. Head: ~) ti by: Finance: General Services: Date Submitted: 9/16/2003 For Agenda of: 9/24/03 Exhibits: n/a EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ n/a $ n/a REQUIRED: $ n/a SUMMARY As directed by Council, staff recently met with representatives from Max/mum Torque Engines regarding their proposal to construct and operate a drag racing facility at Sebastian Municipal Airport. During this meeting, we discussed community compatibility issues as well as the formal direction of the Airport Master Plan as it relates to future airport development. Though they understand both of these issues, Maximum Torque Eng/nes still feels that this type of endeavor would offer a great £mancial benefit to the community as well as provide entertainment for those interested in such an activity. After much further consideration, both Terrence Moore and myself still feel that the potential for negative impacts to the quality of life of our residents far outweighs any possible financial gains and/or entertainment benefit to the community. Furthermore, the recently adopted Airport Master Plan calls for quiet, clean, and light industrial and commercial development. The implementation of a drag racing facility would go against th/s direction, as well as neglect the significant mount of community input solicited during the master planning process. It is therefore our professional recommendation not to proceed with this endeavor. Though it has the potential to become a fantastic economic~ opportunity, the negative impact to the quality of life of our residents is far more important. RECOMMENDATION Move to approve staff recommendation no.._tt to proceed with a lease agreement for the construction and operation of a drag racing facility at Sebastian Municipal A/rport.