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Home My WebLink About09242003 REGULAR. 1 . m HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 24, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 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. Bob Shields of Alliance Community 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 Clerk, Jeanette Williams Airport Director, Jason Milewski Finance Director, Shai Francis Acting Finance Director, Debra Krueger Golf Course Director, Greg Gardner Growth Management Director, Tracy Hass Police Captain, David Puscher Public Works Director, Terry Hill Regular City Council Meeting September 24, 2003 Page Two 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) The Mayor suggested moving items 9A and B relative to the budget to 5A and B. He also suggested moving item 11B, the Drag Racing proposal, to 6A. MOTION by Barnes/Barczyk "We're going to move the budget item which is item currently item 5A and 5B, I'm sorry item 9A and B to 5A and B. And the Drag Racing proposal will be moved right after that and I'll make it item 6A and the other items in 6 we'll move up item A will be B and B will be C and so forth. Do I have a consent?" VOICE VOTE on the motion carried 5-0. 03.93 149-152 New 5A. Resolution No. R-03-37 - Milla,qe 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. The City Attorney read the title, Mayor Barnes noted the correction to the Resolution number from R-03-27 to R-03-37), and opened the public hearing at 7:05 p.m. There being no input he closed the headng, and called for a motion. MOTION by Hill/Barczyk "Mayor I move to adopt Resolution No. R-03-37, establishing the millage rate at 4.5904 mills for calendar year 2003, as amended." (Resolution number) Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 Regular City Council Meeting September 24, 2003 Page Three 03.093 '153-160 New 5B. Resolution No. R-03-38 - 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" 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 City Attorney read the title, Mayor Barnes noted correction to Schedule A Page 4, as provided by the Acting Finance Director, and opened the public hearing at 7:08 p.m. There being no input he closed the hearing, and called for a motion. MOTION by Barczyk/Hill "1 move to adopt Resolution No. R-03-38 establishing the budget for fiscal year 2003~2004 with change." (Resolution number and Schedule A-page 4) Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 03.198 165-166 New 6A. Drag Racing Proposal for Sebastian Municipal Airport (Airport Transmittal 9/16/03) The City Manager recommended against the location of a dragstrip at the Municipal Airport. All members of City Council concurred that this location would not be appropriate. MOTION by McCollum/Hill "Mayor the only thing I would add is i'd like to make a motion to approve staff recommendation not to proceed with a lease agreement for construction, operation of a drag racing facility at the Sebastian Municipal Airport." Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carded 5-0 Regular City Council Meeting September 24, 2003 Page Four 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 03.005 A. Certificate to Meredith Fox for Construction Board Service Mayor Barnes read the certificate but Mm. Fox was not present. 03.005 B. Certificate to Scoff Taylor for Construction Board Service Mayor Barnes read the certificate but Mr. Taylor was not present. 03.173 C. Certificate to William Creamer for Tree & Landscape Advisory Board Service Mayor Barnes read the certificate but Mr. Creamer was not present. The City Attorney requested reconsideration of millage Resolution No. R-03-37 to comply with Florida Statutes relative to announcing the rolled-back rate. MOTION by Hill/McCollum "So moved." Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 5-0 - The Mayor reopened the public hearing at 7:18 pm. The City Attorney announced, in accordance with Florida law, the millage rate being adopted is the same as last year's, but 5.93% higher than the computed rolled-back tax rate of 4.5013 as in accordance with Florida law. There was no public input and the the Mayor closed the public hearing. MOTION by McCollum/Hill "Mayor I'd move approval of Resolution 03-37 with the addition of the rollback amendment." Mr. McCollum - aye Mayor Bames- aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 Regular City Council Meeting September 24, 2003 Page Five 03.192 D. Presentation by Ms. Beverly Grant, Event Obiectives of Treasure Coast Crafters Ms. Grant explained her club had strict event requirements and requested ' approval of the Crafter's event application located on the consent agenda. 1 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. 1-10 A. Approval of Regular Meeting Minutes - 9/10/03 11-14 B. Approval of Special Meeting Minutes - 9/11/03 03.199 15-18 C. Renewal- Employee Health, Dental, Vision, Life & Long-Term Disability Insurance and Workers' Compensation and Property/Liability Insurance (HR Transmittal 9/17/03, Letters) 03.200 19-68 D. 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 TFIE 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. 03.193 69-72 E. Approve Craft Club of Sebastian Shows at Riverview Park from 10:00 am to 4:00 pm on10/4/03, 11/1/03, 12/6-7/03, 1/3/04, 2/7/04, 3/6/04, 4/3/04, 5/1/04 also Approve Rain Dates 10/5/03, 11/2/03, 1/4/04, 2/8/04, 3/7/04, 4/4/04, 5/2/04 (Public Works Transmittal 9/16/03, Application, Rules) 03.192 73-76 F. Approve Treasure Coast Crafters Club Show at Riverview Park from 9:00 am 4 pm on 12/20-21/03 (Public Works Transmittal 9/16/03, Application, Letter) 03.194 77-80 G. 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) 03.195 81-84 H. Approve Purchase of 2004 Chevrolet Trailblazer and Related Equipment from Alan Jay Pontiac, Buick, GMC, Inc. Under Florida Sheriff"s Association Contract for $35,057 (Airport Transmittal 9/18/03, Photo) Regular City Council Meeting September 24, 2003 Page Six O3.136 I. 85-g4 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) 03.196 J. 95-110 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. Mr. Barczyk removed items G and H for consideration and Mr. Coniglio removed item D. MOTION by McCollum/Barczyk "1'11 make the motion to approve consent items Move to approve items A, B, C, E, F, I, J." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 Item D - CWA Contract The Human Resources Director explained the minor corrections to the contract. MOTION by Coniglio/Barczyk "1 would move to approve item D with the noted changes." Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 Regular City Council Meeting September 24, 2003 Page Seven Item G - BK Maintenance Mr. Barczyk inquired whether anyone was monitoring the maintenance contract and the City Manager responded to his concerns. MOTION by BarczytdConiglio "Move to approve item G." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 Item H -Airport SUV Purchase Mr. Barczyk inquired about the specifications of the SUV purchase for the Airport, noting he had been informed they were classified. The City Manager assured him those specs were not classified and asked the Airport Director to address City Council. The Airport Director stated the plan for the vehicle will be for administrative and security use. He said both airport vehicles will be made available to the Police Department for security purposes. City Council members expressed concerns. The Airport Director noted that FDOT has signed off on this vehicle for this specified use. Mr. McCollum noted the transmittal received by City Council clearly reads that the vehicle is going to police personnel and suggested that this item be sent back to staff to look at alternate vehicles to serve the purpose of showing property and security. The Airport Director explained, in response to the Mayor, that he conducts most of the security at the airport and it was his intention to add to that security with this new vehicle. He reiterated he was in the beginning stages of this security program and all details have not been worked out. Captain Puscher responded to the Mayor's concerns, stating a four-wheel drive vehicle is necessary for the airport. For grant compliance purposes, the City Attorney asked if FDOT was aware of the vehicle's intended dual use and the Airport Director replied affirmatively. Regular City Council Meeting September 24, 2003 Page Eight The Airport Director concluded that there was a five-year extended warranty included in the price and if the vehicle was ordered before the end of September there would be a cost savings. MOTION by McCollum/Barczyk "Mayor, in seeing nobody speaking, I'd like to move to deny the purchase of the 2004 Chevrolet Trailblazer and refer this item back to staff for a more appropriate transport vehicle for visitors to the Airport." Mr. Hill - nay Mr. McCollum - aye Mayor Barnes - nay Mr. Coniglio - nay Mr. Barczyk - aye Roll Call failed 2-3 MOTION by Hiil/Coniglio "Mayor I'd 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." Mr. McCollum - nay Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - nay Mr. Hill - aye Roll Call carried 3-2 (8:02 pm Side II, Tape 1) 8. COMMITTEE REPORTS/RECOMMENDATIONS 03.197 A. 111-136 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) City Council interviewed Wayne LeBoeuf, Marie DeLuca, William Langley, Barney Giordan, and Adrina Davis. The City Attorney described the duties of the Police Pension Board. Regular City Council Meeting September 24, 2003 Page Nine Richard Taracka's seat Mr. Coniglio nominated Wayne LeBoeuf. Mr. McCollum nominated Richard Taracka. ROLL CALL: Mayor Barnes- Taracka Mr. Coniglio - LeBoeuf Mr. Barczyk - Taracka Mr. Hill - Taracka Mr. McCollum - Taracka Mr. Taracka was appointed. Mr. Barczyk nominated Mr. Sexton for his former seat. Since there were no other nominations, Mr. Sexton was reappointed. In response to the City Clerk, the City Attorney said the other applications can be considered for the fifth position to be appointed by the board and confirmed by Council. 03.039 137-148 S. Code Enforcement Board Interview, Unless Waived, and Appoint Reqular, Subcontractor Position (City Clerk Transmittal 9/15/03, Applications, Board Member List, Ad) City Council interviewed Robert Craw, who stated he would withdraw from the Construction Board if appointed; Fred Clemente, Barney Giordan. Mr. Hill nominated Mr. Clemente. Mr. Barczyk nominated Mr. Craw. Mr. Coniglio - Clemente Mr. Barczyk - Craw Mr. Hill - Clemente Mr. McCollum - Clemente Mayor Barnes - Clemente Mr. Clemente was appointed. Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m. All members were present. PUBLIC HEARING- moved to beginning of aaenda durina a_oenda modifications Regular City Council Meeting September 24, 2003 Page Ten 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 Jayne Barczyk, Parks and Recreation Committee, noted she was the City's liaison to the Indian River County Parks and Recreation Committee and there is a meeting scheduled for October. Ed Seeley, 697Albatross, discussed last night's growth forum sponsored by the Press Journal and commended Mayor Barnes for the manner in which he represented the City, and suggested that the City have a similar forum moderated by an outside party possibly the Press Journal. Fred Mensing, Indian River County, said he would be available for moving the historic train station, noting he had moved the Vero and Grant stations. He suggested placement of old cars adjacent to the station and gave contact information. 11. OLD BUSINESS 03.160 161-164 A. Presentation by REG Architects, Inc., Suffolk Construction, Inc. & Capp Custom Builders, Inc. Regarding New Municipal Complex Rick Gonzalez, REG Architects, Inc. addressed City Council on the new city hall and police expansion. The City Manager recommended the guaranteed maximum to cover the cost of the construction as well as a future amendment to the Suffolk contract for the park. MOTION by BarczyldMcCollum "Authorize the execution of the maximum guaranteed price amendment of the construction manager at risk contract with Suffolk Construction." Chris Reubenoy 909 Kenot Circle, asked what the annual maintenance cost of the new park would be. The City Manager responded maintenance expenses would be in the next fiscal year budget. Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 12. NEW BUSINESS - None 13. CITY ATTORNEY MATTERS None. Regular City Council Meeting September 24, 2003 Page Eleven 14. CITY MANAGER MATTERS 03.191 A. Acknowled,qements and Compliments from Residents (no backup) The City Manager stated he would address Council at the next meeting. 15. CITY CLERK MATTERS Wished her husband happy anniversary. 16. CITY COUNCIL MATTERS A. Mr. McCollum Requested the Clerk to author a memo to Parks & Recreation Committee Chairman to review rules regarding lightening during sports events. There was no objection from Council. a. Mayor Bames Requested appreciation be sent to the GFWC Jr, Womens' Club who cleaned the Kroegel statue at Riverview Park. C. Mr. Hill None D. Mr. Coni,qlio None E. Mr. Barczyk None 17. Being no further business, the Regular City Council Meeting adjourned at 9:00 p.m. Approved at the October 8t~, 2003 Regular City Council Meeting. Walter W. Barnes, Mayor ATTEST: Sally A. Maio~/CMC, City'Clerk INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET September 24, 2003 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR,INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: ~, ~-" "- New Subj _! .................... " .................... ........ New Subject: Name: New Subject: New Subject: ~:)/:tt '~ ~,'~J~ (~7'A 'T'[LP ~L,3 PUBLIC HEARING SIGN-UP SHEET 03.093 Resolution No. R-03-27 - Millage Rate for Calendar Year 2003 - Final Adoption 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. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS PUBLIC HEARING SIGN-UP SHEET 03.093 Resolution No. R-03-28 - Fiscal Year 2003/2004 Budget - Final Adoption 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" ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANASGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS Memorandum To: From: Date: Re.- CC: Mayor Barnes and City Council Members .. Debra Krueger, Acting Director of Finance /~ September 23, 2003 Resolution R-03-38 - Adoption of a Budget for Fiscal Year 200312004. Revised Page 4 of Schedule "A". Terrence Moore, City Manager; Rich Stringer, City Attorney; Sally Maio, City Clerk Attached, please find a revised page 4 for the Schedule A of 'Resolution R-03-38, Adoption of a Budget for Fiscal Year 2003/2004. Under the Capital Projects Fund heading, $200,000 was omitted from Grants and Other Revenue Sources. The total revenue is revised to reflect $1,479,693, which would balance the Capital Projects Fund budget. Sorry for any inconvenience. If you have any questions regarding this matter, please advise. ,., 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 23001O REVENUE Interfund Transfer Total Revenue 230051 EXPENDITURES Operating Debt Service Total Expenditures CAPITAL PROJECTS FUNDS REVENUE Local Option Gas Tax Discretionary Sales Tax Recreation Impact 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 $ 300 818,406 $ 818,706 150,000 1,059,693 70,000 200,000 1,479,693 300,000 180,000 670,000 175,000 154,693 1,479,693 To~ From: Date: Re~ Honorable Mayor, Vice-Mayor, and Councilmembers Terrence Moore, City Manager lira Sexton, Director of Human Resourc~ ,.5i~ September 24, 2003 Revisions to the CWA Contract Exhibit Attached please fmd corrected pages to insert into the CWA contract before making a motion on the Resolution. Summaries of the changes are as follows: · Pg. 2 - Table of contents - Some of the page numbers changed due to addition and/or deletion of language. · Pg. 9 - Section 2. - Change "last" to "first" and "September" to "October". · Pg. 10 - Section 7.5- change "four" to "three". · Pg. 32 - Section 18.7 - Underline Workers' Compensation and move the apostrophe. · Pg. 33 - Section 18.9 - Remove under line from 18.9. · Pg. 37- Signature lines were bold. Removed bold. If you have any other questions, please do not hesitate to give me a call at 388-8202. JS ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COMMUNICATION WORKERS OF AMERICA (CWA) TABLE OF CONTENTS TITLE Agreement Preamble Union Recognition Management' s Rigl~s Bargaining Unit Representatives Dues Deduction Rights &Employees No Strike Hours of Work/Overtime Seniority/Layoff/Recall Miscellaneous Paid Leave Sick leave Annual Leave Grievance Procedure Holidays Promotions, Transfers, and Adjustments Group Insurance Retirement Contribution Performance Evaluations Safety Disciplinary Action Salary Substance Abuse Testing Uniforms Tuition Reimbursement Merit/Step Pay Plan Severability Term of Agreement Page 3 3 4 5 5 6 6 6 7 10 12 16 18 21 25 26 28 28 29 31 33 34 34 34 35 35 37 37 7.4: rate of the employee. (d) If a bargaining unit member has accrued earned overtime, he or she may elect, with the approval of the Department Head, to use compensatory time off rather than be paid for the overtime. . A bargaining mt member may me up to a maximum of one hundred twenty (120)hours of compensatory time m any Fiscal Year of which eighty (80) hours may be carried over from year to year. All_compensatory time in excess of eighty (80) hours up to one hundred twenty (120) hours must be used m 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 current hourly rate of pay and added to their first pay cheek in October. 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 conv~ed to the bargaining unit member's aarent hourly rate of pay and added to their first pay check 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 member's wishing to use accrued compensatory time off must follow the same procedures as an employee wishing to take vacation time. In any situation, the bargaining unit member must receive prior approval to use compensatory time off except in emergency situations. The bargaining unit member's Department Head shall attempt to accommodate the desires of the employee as to the time off desired, work schedule and conditions permitting. No bargaining unit member will be placed in a leave without pay status during the basic 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 mt members shall be required to work overtime when assigned unless excused by the Department Head. Any bargaining unit member who desires to be excused from an overtime assignment shall submit to their Department Head a written request to be excused. In the event that the Department Head cannot schedule a suitable overtime work force from the complement of employees who have not requested relief from overtime, employees who have approved written relief requests on file will also be required to work overtime. (g) If a bargaining unit member leaves the service of the City s/he will be paid for all accrued compensatory time at the bargaining unit members current hourly rate of pay to a maximum of one hundred twenty (120) hours ff earned and not used in any one fiscal year. Call-Om When a bargaining unit member is called back to work after his or her normal work day, he or she shall receive a minimum of two (2) hours pay at the overtime rate. When a bargaining trait member is assigned to attend a scheduled City meeting to perform work after his/her normal work day, the bargaining unit member shall be entitled to a minimum of one (1) hour pay at thc overtime rate, if 7.5: 7.6: applicable, and shift differential if appropriate. Travel time shall be included as time worked. Hours in excess of forty (40) hours per week will be paid at the rate of time and one-half(1 ½) the bargainingunit members regular hourly rate of pay. Shift Differential Any bargaining umt member who works either regularly 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 regular hourly rate of pay for each hour worked. The bargaining unit member must work a minimum of three (3) hours during the established hours set above before they will be entitled to receive shift differential. Any bargaining unit member who works less than three (3) hours will not receive shift differential for those hours worked. The Citywill pay bargaining unit 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 staff has a shortage and it was unexpected. ARTICLE 8 SENIORrrY/LAYOFF/RECALL g.l: 8.2: 8.3: Definitions: (a) City semority is the total cumulative length of ,mintermpted regular full-time or regular part-time employment of a bargaining unit member by the Employer, measured from the most recent date of regular employment by the Employer, except as provided in Section 8.2 below. Co) Classification seniority is the length of regular full-time or regular part-me service by a bargaining'unit member in a job classification. (c) City seniority shall apply for the. purposes of layoff, vacation computation, service awards, or other matters based upon length of service. Accrual of Seniori _ty.~ (a) Employees shall be placed in a probationary status for the first six (6) months ofempl~ent m any job classification. Probationary employees accrue no classification seniority until they become permanent regular employees, whereupon their classification seniority shall begin l~om the date of entry into the classification. An employee who has completed his or her initial probationary period shall continue to accrue City seniority notwithstanding subsequent probationary period(s) resulting from promotion to a different job classification. CO) Any bargaining unit 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 remm to work. Loss of Seniority: Bargaining unit members shall lose City and classification seniority only as a result of.' 10 18.6: 18.7: 19.1 will apply. Safety Glasses' With the prior approval of the bargaining unit members Department Head, the City shall pay for one (1) pair safety glasses. Where prescription safety glasses are needed, the bargaining unit member, m conjunction with the City's Vision Care Plan, shall receive an eye examination not more than once every, twelve (12) months. The bargaining unit member shall pay the deductible to the doctor for the eye examination. The City shall pay for the cost of the first pair of safety times and safety lenses for those bargaining unit members required to wear prescription safety glasses not to exceed one hundred ($100) dollars. b. 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 how the breakage occurred. The report must be signed by the bargaining unit member's immediate supervisor before being submitted. If the breakage was a result of the bargaining unit member's negligence, the member will pay the full cost of the replacement. Additionally, the bargaining unit member may be liable for up to the full cost of replacement or repair of the damaged or destroyed property. The provision of Article 19, Section 19.1 will apply. Workers' Compensation: Any regular full-time employee who sustains a temporary 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, shal[ in addition to the benefits payable under the Worker's Compensation Law be entifledto the following: During the first eighty (80) working days of such disability, the employee shall receive net supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation indemnity payment. B. 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 indemnity payment until such _annual or sick leave is exhausted. C. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of absence to the employee for a period not to exceed one year. D. If any employee, due to an on-the-job injury, is temporarily or parti~liy diSabled from performing the duties of his/her classification, but is determined to be able to perform light duty by a physician designated by the City, the employee may be required to perform such duty or lose the employment connected disability leave supplemental benefits. Assignment to light duty shall be considered a temporary assignment, without reduction in pay. Such a reassignment shall be to other duties commensurate with medical and mental fimess, subject to availability of suitable work, and the employee's qu_alifications for the position. However, an employee shall not be permitted to continue in a light duty position after reaching his/her maximum medical improvement. 32 18.8: 18.9 19.1: E. 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 return to duty. F. No employee will be entitled to employment connected with disability leave with the benefits described hereto if the injury suffered has been determined to have been the result of intentional self-infliction or where thc disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. G, While receiving employment connected disability benefits, an employee shall be entitled to all benefits which he/she would normally receive pursuant to his/her employment with the City. Work BooB/Shoes: (a) The City will provide those bargaining trait 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 deparlment. (b) The City will also pay for the replacement of safety boots/shoes due to on the job damage caused as a result of an accident. An incident report must accompany this request which details how the damage occurred. The report must be signed by the bargaining unit member's immediate supervisor before being submittec[ If the damage was a result of the bargaining unit members negligence, the member will pay the full cost of the replacement and may be subject to disciplinary actions as stated m section 18.5 of this Article. (c) If the bargaining unit member provides medical documentation signed by an ___~3~_ &ngphysician stating that they ~nnot 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 frran the benefit provision as stated m section 18.8 (a) of this Article and will not receive the $1 O0 annual disbursement for safety boom/shoes. If a bargaining mt 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 of the work boots/shoes. ARTICLE 19 DISCIPI. JNARY ACTION Disciplinary action may be taken against any employee for just cause. 33 G. Those bargaining unit members who have received a longevity increase in their ninth (gth)year will not be eligible for the ten (10) year longevity increase. ARTICLE 25 SEVERABILITY 25.1: If any Article of this Agreement (or any Section thereof) should be found invalid, tmlawfifl, or not enforceable by judicial authority or by reason of any existing or subsequently enacted legislation, all other Articles and Sections of this Agreemcat shall remain in full force and effect for the duration of this Agreement. 25.2: In the event of the invalidation of any Article or Section of this Agreement, the City and the CWA agree to meet within thilty (30) working days to discuss replacement of such Article or Sectio~ ARTICLE 26 TERM OF AGREEMENT This Agreement provision shall commence on October 1, 2003_subject to ratification and Comer vote, and nm through September 30, 2006. Any new benefits under this Agreement that do not have a specified effective date shall be instituted October 1, 2003. In witness whereof, the parties hereto have entered into this Agreement on the 25 day of September. COMMUNICATIONS WORKERS OF AMERICA Local 3180 CITY OF SEBASTIAN, FLORIDA Gary McAllinter CWA Representative Terreuce Moore City Manager Ernest "Bucky" Gerber CWA Vice President Jim Sexton Director of Human Resources Antoine VanlVleir CWA Chief Steward ATTEST: APPROVED AS TO FORM: Sally Maio Rich Stringer City Clerk City Attorney 37 AGENDA TRANSMITTAL Subject: Approve Suffolk Conslruction's Proposed Guaranteed Maximum Price Submittal For The Construction of The New City Hall & Police Department Expansion/Renovation, & Amendment City Manager Agenda No. O_~!~ 0 Department Origin: General Services Finance Director: ~ as to budget o~dy Date Submitted: September 18, 2003 For Agenda of: September 24, 2003 Exhibits: Guaranteed Max/mum Price Amendment EXPENDITURE REQUIRED: $7,244,760 AMOUNT BUDGETED: $7,510,963 [APPROPRIATIO~q REQUIRED: SUMMARY The City is now ready to embark on one of its most significant & exciting construction projects, that of a new City Hall including Council Chambers, Police Department Expansion & Renovation, adjoining Municipal Complex Park, and to directly ibllow 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 however. The procurement & construction process we are using (Construction Manager ("CM") ~ Risk) for the City Hall Mumcipal Complex Project is interesting in that the CM is brought on board early to provide pre-construction services which consist of primarily working closely with the Architect on the design process, and then later on is commissioned to perform construction management services at a guaranteed maximum price. Just as the architect takes the project lead early on for design & consulting, the entire project is now mined over to the CM for construction management at a guaranteed maximum price. The original contract requires a subsequent amendment to establish this maximum price, and that is the first item addressed by tonight's action. Secondly, sh~ce the time that Suffolk Construction was originally approved by City Council as the CM, the original project has been expanded to include development of the Municipal Complex Park. The proposed Contract Amendment reflects this expansion of the project as well, and provides for pre-construction services on this additional aspect of the project at no additional charge, with a second GMP Amendment to establish the construction costs of the Park. Use of a single construction manager will have the effect of tying the entire Sebastian Mumcipal Complex Project, together with continuity m construction services. As the Park was added, final design is being prepared by PEG Architects to be brought before Plarming & Zoning in October 2003, and then Staffwill request City Council approval of GMP for the Park. The £mal matter addressed in the contract involves a shift in the 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 will assume this risk and the Guaranteed Maximum Price (Glv[P) submitted by Suffolk Construction has been adjusted downward to reflect this change. Since the secondary items provide the basis for establishing a Maximum Guaranteed Price, it is appropriate that they all be addressed in the Maximum Guaranteed Price Amendment required by the Contract. Construction Costs for the New City Hall & Police Station are as follows and constitute the GMP: 1. New City Hall Construction $3,691,269 2. Porte Station Expansion/Renovation $2,405,813 3. Site Work (Including Landscaping, Utilities, Sidewalks, Other Infrastructure, Etc.) $1,147,678 TOTAL CONSTRUCTION COSTS= $7,244,760 RECOMMENDED ACTION Authorize execution of the Maximum Guaranteed Price Amendment to the Construction Manager at Risk Contract with Suffolk Construction. "Exhibit I" September 18, 2003 Mr. Paul Wagner General Services 2kdministrator City of Sebastian 1225 Main Street Sebastian, Florida 32958 Kc: Sebastiau New City Hall and Police Expansion & Renovations Dear Paul It was a pleasure meeting with you today to review the proposal for the Guaranteed Maximum Price for this project. As discussed today, our proposed G.M.P. for the construction of the New City Hall md Bxparmion and Ronovatio~ of the eximiug Police Station including all site wo~lq utilities, and landscaping is: SEVEN MIr.LION TWO HUNDRED POKTY FOUK THOUSAND SEVEN HUND1LED AND SIXTY DOLI.&RS, ($7~244,760.00). We look forward to starting this exciting project, and working with your staff through completion. Skteerely SUFFO :eoutive 515 North Flagler Drive, 5th Floor · West Palm Beach, Florida ' 33401 · 561-832-1616 iRVINE, CALIFORNIA ' BOSTON, MASSACHUSETTS ' WEST PALM BEACH, FLORIDA I001~ NOIJ~OfRI~SNO0 ]a-'"IOA,tllS gal-9 Z~8 Igg XVtI g::/..O ~0/61/60