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Home My WebLink About08232006 mY OF HOME OF PELICAN ISLAND AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 23,2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y 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 1-8 06.133 9-13 06.134 15-35 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER McCOLLUM 3. MOMENT OF SILENCE 4. ROLL CALL 5. 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-05-26) 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes - 8/9/06 Regular Meeting B. Special Event Approval for Sebastian United Methodist Church Picnic in Riverview Park - February 17, 20068 am to 6 pm (Parks Transmittal 8/14/06, Church Letter, Park Use Permit Application, Receipt) C. Award Sod Agreement to Stalvery Sod Service for As-Needed Basis (Stormwater Transmittal 8/17/06, Price Form, Agreement) 8. COMMITTEE REPORTS/RECOMMENDATIONS 05.213 37-46 06.062 47-57 A. Police Pension Board (City Clerk Transmittal 8/15/06, letter, FS, application, ad) i. Fill Unexpired Civilian Position B. i. Charter Review Committee Formal Presentation of Proposed Charter Amendments by Charter Review Committee - Direct City Attorney Accordingly 9. PUBLIC HEARING - None 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 11. OLD BUSINESS 06.105 06.098 59-61 06.114 63-68 06.135 69-73 06.136 75-96 06.137 97-104 06.138 105-107 A. Sidewalk Update (backup under separate cover) B. New Community Center - Pros and Cons List for City Hall Complex Site and Triangle Site (City Manager Transmittal, Chart) C. Update on Ordinance No. 0-06-07 Overgrown Lots - Fish and Wildlife Consistency Determination (CA Transmittal, 0-06-07, F & WE-Mail) 12. NEW BUSINESS A. Resolution No. R-06-18 - Airport/FPL Lease Agreement (Airport Transmittal, Agreement) B. Resolution No. R-06-16 - Establishing a Retirement Health Savings Plan with ICMA Retirement Corporation (City Manager Transmittal, R-06-16, Agreement, Data Form, Administrative Services Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ESTABLISHING A RETIREE HEALTH SAVINGS PLAN FOR CITY EMPLOYEES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. C. Waive Competitive Bid Procedures and Authorize Renewal of Group Health Insurance through BlueCross BlueShield of Florida, Group Dental Insurance through Florida Combined Life Insurance Company and Life & Long Term Disability Insurance through Jefferson Pilot (Human Resources Transmittal w/Five Exhibits) D. Award Workers' Compensation Insurance Contract (Option 1) to Florida Municipal Insurance Trust for One Year Term (Human Resources Transmittal, Proposal Tabulation Form) 2 06.139 109-111 E. 06.009 113-117 F. Award Property, Casualty and Liability Insurance Contract to Preferred Governmental Insurance Trust in the Amount of $366,767 for FY 2006-2007 and Authorize Execution (Finance Department Transmittal, Proposal Tabulation Form) First Reading - Ordinance No. 0-06-08 - Construction Site Violations - Set Public Hearing for September 13, 2006 - CA AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 26-2, BLOCKAGE OR UNREASONABLE OBSTRUCTION OF NATURAL FLOW OF WATER PROHIBITED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. B. C. 06.130 06.100 D. E. Mayor Burkeen i. Formal Confirmation of Mayor Burkeen Membership on IRC Public School Planning Elected Officials Oversight Committee (no backup) Mr. McCollum Ms. COY i. Request for Council Consensus on Environmental Committee Focus (no backup) ii. Request to Change Second Public Hearing on FY 2006-07 Budget to September 18 or 20, 2006 at 6 pm (no backup) Mr. Paternoster Mr. Neglia 17. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBA TIM 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. Upcomina Meetinas: September 7, 2006 - 6:00 pm 1st Public Hearing of Budget/Special Meeting September 13, 2006 - 7:00 pm - Regular Council Meeting September 19, 2006 - 7:00 pm Final Public Hearing of Budget/Special Meeting September 27, 2006 - 7:00 pm - Regular Council Meeting October 11, 2006 - 7:00 pm - Regular Council Meeting October 25, 2006 - 7:00 pm - Regular Council Meeting 3 CI1Y CO' HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 9, 2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order at 7:00 p.m. 2. Council Member Paternoster led the Pledge of Allegiance. 3. Father Morrissey of St. Sebastian Catholic Church gave the invocation. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams M IS Systems Analyst, Barbara Brooke Police Lieutenant Greg Witt 5. 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-05-26) None. CD Regular City Council Meeting August 9, 2006 Page Two 06.129 1-8 9-18 06.061 19-23 06.036 25-66 06.022 67-70 01 ~U 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS A. Sebastian River HiQh School Pep Rally SRHS Athletic Director, Mike Stutzke and Principal Peggy Jones urged support for attendance at the August 1 ih pep rally and SRHS vs. VBHS football game. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes - Special Meeting 7/19/06 B. Approval of Minutes - Regular Council Meeting 7/26/06 C. Authorize Travel & Registration for Council Member Paternoster to Attend the Advanced Institute for Elected Municipal Officials in Tampa on October 20-21, 2006 D. Resolution No. R-06-15 Adoption of 3rd Quarter Amendment to the Fiscal Year 2005-06 Budget (Finance Transmittal, R-06-15, Memo, Reports, Schedules, Statements) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. On a MOTION by Mr. Burkeen and SECOND by Ms. Coy, consent agenda items A-D were approved on a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS A. Code Enforcement Board (City Clerk Transmittal, Order) i. Receive Code Enforcement Order Mr. Neglia inquired how this violates this code and the City Attorney explained that all houses must be constructed with a garage, however, they can be changed to a room but the garage door must remain. 2 Regular City Council Meeting August9,2006 Page Three 06.130 B. Temporary Environmental Advisory Committee Pat Beckwith gave a brief report on the problems with air potato vines and said the University of Florida is conducting a test on the invasive plant. She said the County extension director asked for a volunteer help to survey where the plant is growing; and asked that anyone who has this plant on their property contact her before August 18th (see attached). i. Report from Chair (no backup) Trish Adams gave a PowerPoint presentation explaining the Committee's past accomplishments and future goals. She also explained the many benefits of having an environmental specialist on staff, the implementation of an environmental conservation fee, and the tightening up of code regulations to increase conservation (see power point presentation attached). Mr. Burkeen said it would be nice to have input from this committee on City issues. ii. Environmental FundinQ Requests from Council Member Coy (no backup) Ms. Coy said a year ago many people asked the City to hire an environmental planner and the City said they would look at it, noting the County is going to hire an environmental planner this year. She asked Council members, as the next year's budget is approaching, if they are interested in looking at this position. Mayor McCollum said there is probably a plan to discuss this at the budget workshop. Ms. Coy said she liked the Committee's idea of land trades, and the City Attorney said land trades between the City and private property owners could be done. 9. PUBLIC HEARING - none. 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 Linda DeSanctis, Laconia Street, discussed drainage problems with adjacent construction. She said she was the example that you can work with developers if you communicate with them and listen and there is a compromise if you work at it. Dale Simchick, Easy Street, suggested the City look into project impacts, citing the Habitat Conservation Plan in place for which the City may be in violation if the Sebastian Harbor project goes through. She suggested that all recent development approvals that are not yet started, should be held accountable relative to scrub habitat requirements. She said the proposed Fleming Street extension would cut through wetlands. Mayor C.. McCollum reminded her that this would not be a City project but a County MPO project. 2... ' ~ 3 Regular City Council Meeting August9,2006 Page Four Damien Gilliams said we hear about the environment but not about the small businesses that support the economy and recommended an economic development committee be formed. He then discussed the budget amendment and said the City is flush with cash and commended Council for being conservative, but said we need to do something about the riverfront district. He said he reviewed February P & Z minutes, which stated that Growth Management was to come back with a recommendation on backing out in the riverfront district within ninety days and had not; said that department heads are given direction to spend the money left in their budgets before the end of the fiscal year and should be rewarded for coming in under budget; and reported on last night's school board meeting. Mayor McCollum called recess at 8:05 p.m. and reconvened the meeting at 8:15 p.m. All members were present. 11. OLD BUSINESS - None. 12. NEW BUSINESS 06.131 71-120 A. Consideration of Emergency Debris HaulinQ Contract (Public Works Transmittal, Tampa Agreement) The City Manager explained the purpose of the agreement and said he would be doing surveys of other communities to see how they are handling their debris removal contracts. Mr. Neglia said DRC was the highest price and hoped they would be last to be called. On MOTION by Mr. Burkeen and SECOND by Ms. Coy the contract between the City of Sebastian and DRC, Inc. was approved based on the Tampa agreement with a roll call vote of 5-0. 13. CITY ATTORNEY MATTERS The City Attorney reported on receipt of a letter from ASCAP asking the City to purchase a license for use of music in different venues around the City. He said the International City Manager's Association had negotiated a contract with ASCAP and recommended the City Manager enter into a contract with them in the amount of approximately $200. There was no objection. The City Attorney said he would do a detailed written memo on easements and briefly explained the use of side and back easements and regulations governing them, with most problems existing in back easements some of which were not designed as drainage easements but merely swales and which are typically used for utility lines. He said for those types of back easements, if the City now wants to use them for drainage, we would have to go through SJRWMD, and, if we allowed utilities to go in the easement previously, the City would now have to pay to relocate them. @ 4 Regular City Council Meeting August9,2006 Page Five He said on side easements where the new lot is higher than the old lot and you try to slope the side easement to drain the water off the higher lot it is very difficult; and had suggested to Engineering that we could shift the center-line over to the lower lot to get the proper 3-1 slope we need. The City Manager said there are circumstances where the City can work with the property owner and the developer to create a fall toward the front, which is what it is supposed to do. Ms. Coy said houses are being built too close to the side lot lines and this needs to be looked at. The City Attorney said the City of Sebastian was built for 1600 square foot houses and not the 3200 square foot that is being built and we could do a blanket reduction of the lot coverage. In response to Mr. Paternoster, the City Attorney said there is a revenue source from utilities, that drainage plans developed by GDC are still used today, and said it was possible that all of the drainage problems existing today would have to be looked at on a case by case basis. He said conceivably, the City could go in and assist to alleviate flooding problems even when it is a homeowners problem but Council must decide if it is the most appropriate use of taxpayers' funds. The City Attorney explained a problem has come in some cases, that the homeowner erected a fence and never mowed behind the fence. The drainage easement has not made a problem but the homeowner's non-maintenance behind the fence because that too is their property, has and in some cases a dam is built. Mr. Paternoster said someone dropped the ball many years ago when the height requirements were changed. The City Manager said back yard swale is not a designated drainage ditch in the system. He said it is there to convey water to the front swale. He stated because of GDC's design in the past, some cases can be resolved and some cannot be resolved, however, if directed to do so staff will find a solution; but his recommendation is to stay the course the City is on with drainage. 14. CITY MANAGER MATTERS - None. 15. CITY CLERK MATTERS 06.132 121-124 A. Restructured Florida LeaQue of Cities LeQislative Policy Development Process It was decided that City Council members would contact the City Clerk's office if they are interested in serving on any of the four newly created FLC councils. @ 5 Regular City Council Meeting August9,2006 Page Six 16. CITY COUNCIL MATTERS A. Mr. Neolia Mr. Neglia reported that Richard Smith, former Planning and Zoning and Charter Review Chairman, is very ill and is in room 216 at Sebastian River Medical Center. Mr. Neglia asked if an Environmental Planner could possibly be split between the Growth Management and Building Departments, and would the newly created county position be of any assistance to the City. He advised that the air potato vine slides will be on Channel 25 and the City Manager confirmed it. Mr. Neglia then reported on last night's School Board meeting stating that $600,000 was approved for turning lane at the magnet school; they did not take action on a proposed a sight selection committee; they did not take action on building a middle school on 66th Avenue. He stated he would keep Council informed. B. Mayor McCollum i. Possible Locations for Community Center from Existino City Properties Mayor McCollum said he was originally interested in Skyline Drive and then talked to the City Manager about the City Manager's idea to tear down the old Public Works Building and Chambers and building a Community Center in that site and is inclined to agree with him. 06.098 The City Manager said he would want to look at Collier Creek costs first but would recommend the site mentioned by Mayor McCollum. Ms. Coy suggested we do a pro and con list on any suggested sites. Nigel Hargreaves, Power Squadron, said the City has been behind the Power Squadron by allowing them to conduct training in the old Council Chambers, stating they have made an offer to make that building its permanent home, but also asked what was the plan for the Yacht Club. Bill Schulke said the old chambers building is a beautiful building for Power Squadron meetings and should not be torn down, and it would be expensive, would create traffic, and would have to be staffed. G; Ms. Coy said she wants to look at the pluses or minues of the triangle, Skyline, and City Hall complex properties. 6 Regular City Council Meeting August 9,2006 Page Seven Mayor McCollum said after looking at the Skyline site, it would not be big enough. Mr. Neglia said he preferred the City Hall complex property. Mr. Burkeen said he would like to have input from the Environmental Committee and has no objection to this property or the triangle. Mayor McCollum said he is hearing the triangle and the City Hall complex property preferred by Council. Mayor McCollum asked the City Manager if the County has budgeted money to improve the conservation property next to City Hall and if it has not he would like it included. He also asked when Council approved the Ashbury project there was money put into escrow to extend Powerline Road to CR512. The City Attorney said the time limit is nine years. The Mayor said he would like to see that project moved up within five years. He reported to Ms. Coy that a developer in Flagler County is setting up an area to relocate gopher tortoise and birds and advised the City Attorney to remember this for future projects. C. Mr. Burkeen Mr. Burkeen thanked everyone for the cards and wishes after his surgery. He said he e-mailed City Council's resolution to the Florida Commissioner of Education John Winn requesting the Governor's office to withhold COPS grant funding. D. Ms. Coy Ms. Coy gave kudos to Burgoon Berger for their assistance with Ms. DeSanctis and her flooding problem. E. Mr. Paternoster i. Consideration of Construction Site Development Issues (Ordinance Draft) Mr. Paternoster said he asked that this draft ordinance, which was considered before he was on Council, be placed on the agenda; and further reported that the ordinance was not adopted because the Treasure Coast Builders Association stated at that time that they would police developers and had been successful in some cases but there were still existing drainage problems. 06.009 125-127 Mr. Schulke said this would be a good idea, and said in Port St. Lucie they lay a pipe across the front of the property during construction and then remove it when the construction is complete. GJ 7 Regular City Council Meeting August 9, 2006 Page Eight Louise Kautenberg asked if it was appropriate to take action on a draft ordinance under a Council member's matters. In response to Mayor McCollum, the City Attorney said a project could simply be stopped after receiving a warning until the fine was paid, and that there would need to be a separate first reading and public hearing on this ordinance. The City Attorney said there were previous complaints by developers when this ordinance was considered that four hours was unreasonable but explained that the four hours is simply to restore the flow of water; that the $500 could be changed by Council; and explained that the only guarantee of recouping funds would be to lien a property. It was the consensus of City Council to have the City Attorney bring this ordinance back for first reading on the next agenda. He asked about the vegetation ordinance and wished Mr. Smith well. Other Matters Mayor McCollum Mayor McCollum thanked everyone who came to wish him well at the Eagles Nest last Friday. He also thanked J-Med Supply, Inc. and Alhersmeyer Motor Racing sponsoring the party and food. He then recommended that he be allowed to step down from the position of Mayor but would remain on City Council effective next Monday, August 14, 2006 at 8 am at which time by Charter Vice Mayor Burkeen would become the Mayor until the March election. There was no objection to his request, and Mr. Burkeen accepted the position of Mayor in accordance with the Charter effective next Monday at 8:01 a.m. 17. Being no further business, the regular meeting adjourned at 9:50 p.m. (r\ 8 Q1"(Of ~;,: HOME Of P!UCb,N lS:!.AND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Special Event Approval for Sebastian United Methodist Church Picnic at Riverview Park. Agenda No. Ow I 1:13 r Submittal by: City Manager Department Origin: ~ '-he. ~~ Finance Director: City Attorney: ~ City Clerk: ' fb.Av'\ Date Submitted: August 14, 2006 For Agenda of: August 23, 2006 ibits: Letter from Church, Park Use Permit Application and Receipt. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A None APPROPRIATION REQUIRED: None SUMMARY The Sebastian United Methodist Church is seeking Council approval for a Church Picnic at Riverview Park on February 17, 2007 from 8AM to 6 PM. They will have a caterer handling food preparation and serving. The Church will supply extra tables and chairs to accommodate the 300 plus people they are expecting to attend the picnic. The Church is also responsible for all set up and clean up associated with the picnic. RECOMMENDED ACTION Move to approve Sebastian United Methodist Church Picnic at Riverview Park on February 17, 2006 from 8 AM until 6 PM. @ GiJ UNITED cS e/J. ail:iatL 'LlnLt.ecl c;Il/( el:hod Lil: C'hu rc.ch 1029 Main Street Sebastian, Florida 32958 ~. m ., I o o (/) ., .CHURCH P.O. Box 780328 Sebastian, Florida 32978 Church Office (772) 589-5230 Fax (772) 388-2018 Thrift Shop (772)388-0405 Parsonage (772) 589-4458 City of Sebastian 1225 Main Street Sebastian, FL 32958 July 3, 2006 Dear Sirs: Please find attached our "Park Use Permit Application" for Riverview Park on Febru~ ary 17, 2007. We will be'using the park for our annual church picnic. Last year's attendance ex~ ceeded our expectations (265)80 this year we are expecting more than 300 partici- pants. We are requesting exclusive use of the pavilion located on the east end of the park' and access to.restrooms. Please address any questions or concerns to the undersigned at 581-9187 or the church office. ;J'.. ;.ex . Glenn Goodfellow Chairman, Church Picnic Sebastian United Methodist Church (3 (IZ) ~ l/21,'2005 12: 25 77238844i32 PUBLIC WORKS PAGE : P\"&~V\EW ~LC. an- f1I SE~~T~ ~4~;-_~ HOMK O'P PEI..1CAN ISI.ANI) 1225 Main Street. Sebastian. Fl 32958 T@lephone (772)589-5338 - Fax (772)5S9~557& CIrr OF SEBASTIAN PARK USE PEIlIIlT APPLrCATION Park XVflDt - $0.10 300 Attendees S$O.ot Applkati~ermtt Fee Please check the appropriate Sox: or Spectal Eve. - Jel or M~re Attendees SlOO,'" Applkado.tt. Nam@ of Permittee: Ptr.~ r.5 Ilal' 011 \y be hsuel1 n t 'AddrU5:Jt)~., ~\t.,) ST. S~~~~JA~t.fL 32\Se Maning "ddreS$:~ 7~()~LA, ~~b~'A~, ~l ~B . , Telephone; S8c}. ~Z3.n ~. Name of Organization or Group: Reason for Use: C ~L3rc..~L'U\~ -- Requested oate(s)~ ~CL" J"'7, 7(')(J7 Rain Oate;_~~t..1~ Time of lis\'!: From: ~:t\nJlt'-\ To: ~:~b fu\ -.-.t'. Will there be any sale Of gOOds? Yes No If yes. pttase desCriJe type of gOOQS on back. x - Food or other types of VendOr$? Yes NO~____ If yes. pl~ase ~ist name. address and typ~ of vendors and schematic Of any structures to be er. cted or otherwise assembled on back. I. ~ '" the under s i ,ned. aCknowhdge ':ha t I am the appl'icant or tn~ authol'ited agent of tne applicant. I furthe:, ac.KI1Dwtedge . that r a~ aware of the prov1s~ons of the City of Seb~stian Codes in ;@spect to this application and the use of the C1:y facfliti~s for which r. have a~pliE!d for a oerm1t to allow a Park Even! or a Special Event. I have made myself fam11~ar with the general ru~@s a d reg lations prescr1bec by the Ci:y a~d agree to the ter~s of the permit. . ()f~;ce J!>e Or.ly I Pem", Fee P:iid DOle In;~'I' ~.,' "T'C';";!"';;- .7"'.._":'''":-::;~'~-:~- rn"':":'"':"""'-_~'---'~":"":";;""<'-"C' _,'o~,;;.,~--..:,:,;, 001001 208001 Sales Tax 001001 223010 Pre-paid License Renewal 001501 321000 Occupational License Application Fee 001501 321000 Occupational License 001501 321100 Occupational License - PenaltyfTransfer "c':':~.~ 001501 329500 Alann Citation .It 001501 341920 Copies 001501 351140 Parking Citation 001501354100 Code Enforcement Fines 001501 359000 Other FinesIForfeitures 001501 362100 Rent <1nd Royalties 001501 369900 Pad:k:e~~ /{)OOSL CITY OF SEBASTIAN FINANCE DEPARTMENT RECEIPT Name ,~L / ~fAij d7lmlu-o~ 7/3!Oh Date (JkJ 'lfiitials-- White - De~t. of Drigin. Pink. Applicant 5185 o Cash )i'check# 559 Amount Paid T atal Paid /o~E- ~ @ @ Cl1Y or HOME OF PELICAN iSlAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Notice of Invitation to Bid for Sod Agenda No. oG .1.~4 Materials , Department Origin: Stormwater Division Department Head: Finance Director: City Attorney: City Clerk: Submittal by: Date Submitted: August 17, 2006 For Agenda of: August 23, 2006 Exhibits: Bid Proposal Price Form - Gulf Stream Industries d/b/a Stalvery Sod Service Detailed Sports Turf Construction, Inc. EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A FUNDING SOURCE: N/A SUMMARY The City of Sebastian went to formal bid to furnish, deliver, unload, and install various types of sod, and also perform other related work, in designated locations within the City of Sebastian on an as needed basis. The term of the agreement shall be for (2) years, with automatic extensions thereof absent delivery by either party at least (30) days before each anniversary date of written notice of its intent to terminate, with a maximum extended period of three (3) years. The City received two formal sealed bids: Gulf Stream Industries d/b/a Stalvery Sod Service, Palm Bay, Florida; Detailed Sports Turf Construction, Hobe Sound, Florida. Gulfstream Industries d/b/a Stalvery Sod Services of Palm Bay, Florida was the low bidder. STALVERY SOD SERVICE FURNISH, DELIVER AND UNLOAD SOD MATERIALS DESCRIBED BELOW: Item No. Description Qty Unit Unit Price Extended Price 001 Bahia 500 S.F. $65.00 $65.00 002 Floratam 500 S.F. $115. $115.00 003 Bermuda 419 0 S.F. 004 Bermuda Sprigs 0 Bushel 005 Seashore Paspalum 1,000 S.F. $120.00 $120.00 FURNISH, DELIVER, UNLOAD AND INSTALL SOD MATERIALS DESCRIBED BELOW: Item No. Description Qty Unit Unit Price Extended Price 006 Bahia 150,000 S.F. $ .17 cents $ .17 cents 007 Floratam 70,000 S.F. $ .27 cents $ .27 cents 008 Bermuda 419 4,000 S.F. $ .27 cents $ .27 cents 009 Bermuda Sprigs 300 Bushel $ .27 cents $ .27 cents l~ 0010 Seashore Paspalum 25,000 S.F. $ .28 cents $ .28 cents DETAILED SPORTS TURF CONSTRUCTION, INC. Detailed Sports Turf Construction, Inc. bid only the following: FURNISH (pURCHASED), UNLOAD & INSTALL SOD MATERIALS DESCRIBED BELOW: Item No: Descriotion Qty Unit Unit Price Extended Price 1 Bermuda 419 Certified Sod 4000 Sq. ft. $ 0.38 $1,520.00 2 Certified 419 Bermuda 300 Bushel $3.25 $1,375.00 Spril!s 3 Seashore Paspalum 25000 Sq. ft. $0.60 $15,000 DELIVER SOD MATERIALS DESCRmED BELOW Item No: Description Qty Unit Unit Price Extended Price 1 Bermuda 419 Certified Sod N/A Per load $ 400.00 $400.00 2 Certified 419 Bermuda N/A Per load $400.00 $400.00 Sprie:s 3 Seashore Paspalum located N/A Per load $500.00 $500.00 Within Florida Located ouside of FL N/A Per load $1,200.00 $1,200.00 RECOMMENDED ACTION Move to authorize staff to execute the agreement with Gulf Stream Industries d/b/a Stalvery Sod Service, Palm Bay, Florida to furnish, deliver, unload, and install various types of sod, and also perform other related work, in designated locations within the City of Sebastian on an as needed basis. The terms of the agreement shall be for two years. @ CITY OF SEBASTIAN - BID SOD MATERIALS ", BID PROPOSAL PRICE FORM The undernignod having become 1iwrougbJy fiuniliar wilh all of tho Bidding Docomen.. inCOlpOrqted herein, hereby proposes to furnish the materials described below in strict confunoily wilh the requirements of those do<:un,onts, and to provide all the equipment, supervision, labor, tools and supplies necessary to deliver the requested materials, including but not IinIited to load, transport and unload, and install meeting or OKCCOding the specifications as sot. furth herein for tho prices quoted belOW. The prices quoted are inclusive of any Addenda that may be issued. By the signature below, the Contractor agrees that this Bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, tho Contrnctor agrees to enter into said agreemon' within ton (i 0) COIlllOCotivo calendar days notice by the Cily, and agtees to all tho terms and conditions of all ~ stared herein with the City of Sebastian fir tho below stipnJared prices which s~ remain firm for sixty (60) days following bid opening date. FURNISH, DELIVER and UNLOAD SOD MATERIALS DESCRIBED BELOW ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE 001' Bahia.Argentine Sod 500 S.F. $ $ 002 Floratam Sod 500 8.F. $ $ 003 Bermuda 419 Certified Sod 0 S.F. $ $ 004 ' Bermuda Sprigs 0" BUSHEL $ $ 005 Seashore Paspalum 1,000 S.F. $, /~Q..~ $ 00 FURNISH, DELIVER, UNLOAD and INSTALL SOD MATERIALS DESCRIBED BELOW ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE 906 Bahia-Argentine Sod ISO,OOO S.F. $ ./74- $ ;/7i- 007 Floratam Sod 70,000 S.F. $ , ;1.74= $ ,~7 <t- 008 Bermuda 419 Certified Sod 4,000 S.F. $ ;;2..74:- $ .274- 009 Bermuda Sprigs 300 BUSHEL $ ~ 27<t' $ .~7t ( 010 Seashore Paspalum 25,000 S.F. $ .28. $ .284 NOTES: 1. The Quantities indicated on the Bjd docmnents are estimates of the City's yearly requirements and do not constitute a guarantee of quantities of materials to be purchased by the City. The Vendor agrees ,that that the prices quoted have taken in consideration that the Actual Quantities may exceed or may be lower than the Quantities indicated on this Bid. Bid Proposal Page 1 of 2 @ 2. Bid award(s) will be based either OD the Lowest overall price for aU the items or the Lowest price for Each Item. providing the Bidder is both responsible and responsive. Therefore, each and every bid price must be ready to stand on its own. The City of Sebastian reserves the right to award aU the items to one firm or make multiple awards 01 a Low . price by item basis. 3. The Unit Prices quoted above shall be considered firmed for the duration of the contract and shall not be subject to any price adjustment. ~~~ Authorized Signature I-h rry 90 (\) I:? S :zr Printed Name Qu,~~ r~~ J)fd'~ s~ ~ Skwk \J ~ 9 ~~~~lt4 TItle . Stalvey Sod Service We SpeciaUze in New Home Construction · Bahia Delivery . · Floratam Available · Bermuda ~/- 7as- '/355" Phone Number 6372.A Minton Rd., NW . Palm Bay, FL 32907 321-725-4355 Fax 321-725-3829 stalveypalmbay@aol.com I Date Signed PllOPPIER. WPD @ Bid Proposal Page 2 of 2 AGREEMENT THIS AGREEMENT, made this _ day, , 2DD/; by and between the City of Sebastian, a political subdivision of the State of Florida (hereinafter called the "City"), and (;U"F~ '1:M,.t<<rA--ru- 'Z'I<<'. via/II 5711l.q 7Db , or its SUccessors, executors, administrators, and assigns (hereinafter called "Supplier"). . WIT N E SSE T H: The City and Supplier for good !l1)d valuable consideration as hereinafter set forth, do mutually agree as follows: 1. Scope of Services: Supplier agrees that on "as-needed" basis and.in accordance with all applicable codes and in full compliance with the TECHNICAL SPECIFICATIONS and SPECIAL . . CONDmONS attached hereto as ATTACHMENT "B" to perform as follows: (a) Furnish, deliver and unload {the materia!} meeting or exceeding the reqUirements described in ATTACHMENT "B" attached hereto, or . (b) Furnish, deliver, unload, perform other related work and install (the materia!! meeting or exceeding the requirements described in ATTACHMENT "B" attached hereto. 2. Contract Sum and Payment to 8,upplier: (a) Contract Sum: During the term of this Agreement, the City shall pay Supplier the following :unit prices for the materials: I) Furnish, deliver and unload the materiaJw 1) Bahia-Argentine $ ltS i"7 per- ft'o I/e..+ 2) Floratam . $~.s,Q,perp=tJ/ej-. 3) Bermuda 419 Certified $ /15,$9 per f>~/Ie.:t- ll) Furnish, deliver, unload, install the material and perform other related work 1) Bahia-Argentine 2) Floratam 3) Bermuda 419 Certified $ ;17'7sF $~/SF $ -'2. 7f.tSF Prices are fIrm charges, inclusive of loading, unloading and delivery and all other charges. @ (b) The City shall make payment within 30 days of proper invoicing. 3. Supplier's Obligations: (a) Supplier shall SUPervise and have control OVer means, methods, techniques, sequences and procedures for supplying and coordinating delivery and/or installation of the Materials, unless to the tenus of this Agreement give other specific instructions concerning these matters. (b) Unless otherwise provided in.the Agreement, Supplier shall pay all sales, use and other sImiJar taxes and shall secure and pay for all permits and governmental fees, liceuses and inspections necessary for proper execution and completion of its obligations hereunder. (c) Supplier shall enforce strict discipline and good order among Supplier's employees and other persons carrying out its obligations hereunder. (d) Supplier currently holds and shall maintain at all times during the term of this Agreement all required federal, state and local licenses necessary to perfonn' its obligations hereunder. . (e) Supplier shaiJ be responsible to the City for the acts and omissions of Supplier's employees, SubSuppliers and their agents and employees, and other persons performing its obligations hereunder under a contract with Supplier. 4. City's Obligation: The City shall, during the term of this Agreement, utilize Supplier as' its first source for the MateriaJs and/or Work. However, should the City, in its sole jUdgment, determine that Supplier is unable to provide the Material and/or Services hereunder in a reasonable time, the City may then buy the needed Material and/or Services On the open market to allow. completion of the project at hand in a timely manner. 5. Warranty: Supplier warrants to the City that all Materials and Services furnished under this Agreem.ent shaiJ be free from any and all defects and will confonn with the requirements of the Agreement. Materials not confOrming to' these requirements, inCluding substitutions not properly approved and authorized, may be considered defective. Acceptance and utilization of the Materials at the site shall not absolve Supplier of this Warranty. @ 2 6. Term: The term of this Agreement shall be for two (2) years from the date hereof, with automatic one (1) year extensions thereof absent delivery by either party, at least thirty (30) days before each anniversary date, of written notice of its intent to terminate, with a maximum extended period offuree (3) years. 7. Termination: (a) For Cause: Except for .the specific default provisions for delivery set forth in Attachment "B", if Supplier fulls to perform a provision of this Agreement, the City, after ten (10) days written notice to Supplier and without prejudice to any other remedy the City may have, may terminate this Agreement. (b) Without Cause: The City retains the right to cancel this Agreement at any time, with or without good cause, upon sixty .(60) days written notice to Supplier when such termination is deemed by the City Council to be in the public interest. (c) Payment Upon Termination: ill the event of termination as provided herein, Supplier shall be paid for Materials delivered through the date of termination less, if termination is for cause:, damages incurred by the City as a result of Supplier's failure to carry out its obligations under the terms of the Agreement. 8. Indemnity: To the fullest extent pennitted by law, Supplier shall indemnify, defend and hold harmless the City and the City's agents, servants and employees, from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Agreement, except for injuries, damages or claims which are the result of the sole negligence of the CitY, its agents, servants, or employees, and Supplier shall at its own cost and expense defend the City against any . such claim, suit, action or proceeding which may be cOmmenced against the City by reason thereof. Supplier hereby acknowledges that the obligations imposed Upon the City and the terms of this Agreement are the specific consideration for the indemnification . provided herein. 9. Insurance: Supplier shall procure and maintain during the . life of this Agreement insurance of the types, and subject to the limits, set forth below. Supplier shall also provide the City with evidence of this insurance prior to COmmencement of deliveries in. the form of Certificates ofillsurance, which shall be subject to the City's approval for adequacy. 3 @ (a) Workers' Compensation: Supplier shall purchase and plaintain, from a company or companies lawfully authorized to do business in Florida, workers' compensation insurance for protection from claims for damages becaose of bodily injUIy, inclndingdeath, which may arise out of or result from Supplier's operations under this Agreement, whether such operations be by Supplier or by SubSuppliers Or by anyone directly .or indirectly employed by any of the above. This. insurance shall be written fur . not less than the limits of liability reqUired by law, and Coverage B, Employer's Liability, shall be written for a minimum liability of $1 00,000-.00 per occurrence. (b) Commercial General Liability: Supplier shall provide and maintain during the life. of this Agreement, at Supplier's own expense, Commercial Genera] Liability insurance on an occurrence basis for a minimum of $1,000,00.00 per occurrence for claims of bodily i11iUIy including death, and $500,000.00 for property damage. (c) Commercial Auto Liability: Supplier shall provide and maintain during the life of this Agreement, at Supplier's own expense, Commercial Auto Liability insurance on an occurrence basis for a minimum $1,000,000.00 per oCCUrrence fur claims of bodily injury, including death, and $300,000.00 for property damage. 10. Assignment: Supplier .shall not assign this Agreement to any' other persons or fum without first obtaining the City's written approval. 11. Notices: All notices, requests, consents, and other communication required or pennitted uuder this Agreement shaU be in writing and shall be (as elected by the person giving sncIi notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (Postage prepaid) return receipt requested, addressed to: IF TO THE CITY: City of Sebastian Attn.:City Manager 1225 Main Street Sebastian, Florida 32958 WITH A COpy TO: City Attorney Same address IF TO SUPPLIER: Q \!~ 4 12. Time: Time is of the essence in the performance of this Agreement and timely perforniance is a material term hereof. 13. Conflict of Interest: Supplier represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of its obligations hereunder, as provided by law. Supplier further represents that no person. haVing any such interest shall be employed in performance of the Agreement. .14. Compliance With All Applicable Federal Laws: Supplier shall comply with all applicable federal laws that in any way regulate or impact performance of its obligations hereunder. 15. Public Entity Crimes: In accordance with Fla. Stat. 287.133(3)(a) Supplier is hereby notified that: .Florida Statutes, requires the Florida Department of General Services to maintain and. make available to other political entities a "convicted vendor" list consisting of persons ,and affiliates who are disqualified from public contracting and purchasing process because, they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida: Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antit;.rust, fraud,. theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. 16. Entire and Sole Agreement: Except as specifically stated herein, this Agreement constitutes the entire ~3 agreement between lbe parties and snpersed; all agreements, representations, warranties, lb statements, promises and understandings not specifically set forth herein. Neither party has in any way relied, nor shall in any way rely, npon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth herein. 17. Successors and Assigns: Except as otherwise provided in the Agreement, all covenants and agreements of the parties contained in the Agreement shall be binding Upon and inure to the benefit of the respective successors and assigns of the parties. ]8. Remedies: No remedy herein confurred upon any party is intended to be exclnsive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. . 19. Drug-Free Workplace Form This Agreement includes the "Drug-Free Workplace Form" which must be "completed, signed and submitted by Supplier to certify compliance with Florida Statute 287.087 Drug-Free Workplace Program requirements. 20. Governing Law: The Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Florida, and venue for any action pursuant to the Agreement shall be in Indian River County, Florida. 21. Amendments: Neither the Agreement nor any tenn thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 22. Waiver: @ The failure of any of the parties at any time to require perfonnance of any provision of the Agreement shall in no manner affect the right of such party at any later time to enforce or require the same unless waived in writing. No waiver by anyparty of any condition or breach shall be construed or deemed to be a waiver of any other 6 condition or any other breach of any term, covenant or warranty contained in the Agreement. 23. Conflict: . In the event of any .conflict between the provisions of this Agreement and any attachments hereto, the provisions of this Agreement shall prevail. IN WITNESS WHEREOF, the City has hereunto subscribed and Supplier has affixed its name on the date first set forth above. ATTEST: THE CITY OF SEBASTIAN Sally A. Maio, MMC City Clerk A1 Minner, City Manager Approved as to Fonn and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney ******************** CORPORATE SEAL: By: ****************, President Secretary 7 @ DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that ~kUCSl1L~.AWl Tt'\.,"T)l.I-<1'JP~.Ft: -r::/W!.. 1>(13/.4 S-rA-l\K1, Sob ~~~W~f.. does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statem"ent specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: ~ f 3(66- I ~.~~ Signature @ PUBLIC ENTITY CRIMES FORM . Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287. 133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. ' The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 _ 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, 'bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.l33(3)(f), Florida Statutes. Therefore, effective October I, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract! Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-INCLUSION OF THIS DQCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. @ SWORN STATEMENT UNDER SECTION 287. 133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES TIDS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for. THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by GU.~~5 11l.fAft1 r;~t;"Srlti:z.ff -:t:IVG. ~I a/,q.. S''rPrl-flf..1 ~ 013 S'"~Vt.f . (name of .entity submitting sworn statement) whose business address IS b31'2..-~ M~,.,.t,,1V ~\))\)W '1'A-t..W! ~At.J) FL ,?'1,10'1 and (if applicable) its Federal Employer Identification (FEIN) is 2. 0 ..,,4z, cJ 2. ~ 1.:r- (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ~~ J 3. My name is UlJ..lt-tUf 12- ~~ 7 (please print name of individual signing) and my relatIonship to the entity named above is IJ.....q) , L.J.... _VIYl!l t ~ . 4. I tmderstand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I tmderstand that "convicted" or "conviction" as defined in Paragraph 287. 133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I tmderstand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: or (1) A predecessor or successor of a person convicted of a public entity crime; (2) An entity under the control of any natural person who is active in the management oftlle entity and who has been convicted of a public entity crime. (jj) The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an ann's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies.) ~ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July I, 1989. .,. - The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies.) _ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) - The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy ofthe final order.) @ @ - The person or affiliate has not been placed on the convicted vendor list. (please describe any action taken by or pending with the Department of General Services. ) Ji""7 -e;si~ Date: ~ /3/0-1; STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 200~ by (title) on behalf of partnership), a partnership. He/she is personally known to me or has as identification and did ( ) did not ( ) take an oath. day of , (name of produced Name: My Commission Expires: Commission Number: ATTACBMENT 'B' TECHNICAL SPECIFICATIONS AND SPEClALCONDnaONS . SOD MATERIALS @ lECHICAL SPECIFICATIONS AND SPECIAL CONDmONS FOR SOD DELIVERY AND INSTALLATION Sod shall comply with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1996 Edition, Section 98 I. The thickness of cut sod shall be two (2) inch thick minimum and shall have a muck back. The Contractor mrist be able to supply and complete instalIation within 48 hours of notification by the City. The sod Contractor shall provide labor to rake areas to receive sod prior to placement Sod that appears extremely dIy, dead, Or contains clumps of foreign vegetation or several weads shall be rejected. If quality of the sod is infurior, or the Contractor does not provide the sod in accordance with this contract, then the City may !enninate the contract and re- award it to the next lowest bidder, or re-bid the annual contract. If the City chooses to re- bid the contract, it shall maintain the right to purchase sod using purchase orders based on price quotes from local area contractors until such time as another bid award is made for . an annual contract. . The contractor shall be ""'Juired to remove an Partial and empty pallets from delivery loeations inunediatcly npon <ompletion of instaJJation. The Contractor shan b" back charged $1.00 per pallet per day for fnJJ and/or Partial pallets left on site 100re than 24 hoors after <OlOpletion of sod installation. The Conlracfur shan be responsihle for removing all dirt and debris frolO the streeb and sidewalk inunediately upon COlOpletion of installation. lbe Contractorlvendor shan be responsIble for raking and repairing all rob in the SWales and male flow lines dIsturbed by the eonlraetorlvendor resoltIog frolO the unlOading of the sod and/or plaeelOent of the sod pallets prior to laying the sod. FnII or elOpty Pallets of sod shall not be placed in the swale flow lines at any tUne. Invoices for sod should bear the name, address, and phone number of the Contractor, the date of the order, the ticket number, the name of the person from the City who phoned in the order, the site destination, the type of sod, amount of pallets and sq1lare footage of sod delivered, and if installed. The City of Sebastian will not be bound by any exact quantities on this bid. Quantities are estimated and may increase or decrease based on the needs of the City. No lOininllun order shall be required at any time. The Con1mct may be renewed for three (3) additional one (I) year periods as detailed in the Service Agreement. @ Page 1 of2 TECHICAL SPECIFICATIONS AND SPECIAL CONDITIONS DUANTITIES FOR SOD DELNERY AND INSTALLATION The City shall not be bound by any exact minimum Or maximum quantities, as they v!lI)' from year to year. Therefore, the Bidder sbaU bid on a unit price basis per each type of sod 1Wte<J on the Bid Form. To assist the Bidder in preparing hislher Bid, however, the City estimates approximately the following quantities of the materials listed below will be needed during the 05/06 Fiscal Year: 1) Bahia-Argentina 2) Floratarn 3) Bermuda 419 Certified 5) Bermuda Grass Sprigs 150,500 70,500 4,000 300 Square Feet Square Feet Square Feet Bushels The City's annnal estimated quantities of materials provided above are for bid evaluation and award purposes only and do not constitute any guarantee to the Contractor of the City's requirements. The actuai quantities, for any and all types of sod materials listed above, may exceed or may be lower than the quantities shown above, nor is there. an obligation topnrchase any materials at all. The amount of quantities nsed in any given year of the Contract will solely be determined on an as-needed basis. The minimum ,quantity may be as small as one pallei of sod per day, bnt there is no guarantee that any sod will be needed on any given day, Therefore,'the Bidder shall not assume for bidding purposes that a pallet or truckload of pallets of sod shall be furnished to the City on a daily basis. Materials shall ~e furnished strictly on a demand of as-needed basis. The City reserves the right to reject any sod it deems nnsnitable and substandard to the specifications contained herein. The City will not pay for any rejected sod. RemOVal and replacement ofrejected sod shall.be at the Contractor's expense. Page 2 of2 @ .,r: ~"" " . ~-",o'''''=-"'7Y='>''''",'':'<'''<",7;''':''"'='"->~.iJET1'I'rED''''SPORT"S"~~TURF':"CLOJN"STRUCTi-O;;-'__~ --IMi"' . D1.lth._rr&~.1 . ~l' ,CITY OF SImAS'I1AN - BID SOD MATBRIA.LS 'Tho 1IJIdIai&ac4lBriug ~- ~ty ~~ ... . of11lD 'RVA.., n.-~.-... ~ --.. ~o\iy ~ to fiIndIIh ibO ~ cJaJczhd.... ias:ldct C-..R....~ widl.. ..~~.~ of.... tbP J -"'.....ID JDdda all.... ~;~ ' . anpmrisioD. labors. tcloJa .. 1Jlo~ JlfA ~. 'T to de1iwr 1hD JequCIIIed .IDrle'ltr. iatt~ bat DDt liIDiIeit to lo8d, tnD8pOrt and unload. and iaaIaJl ~ or ~g _ ~fio~ .. _bda... mr 1118 pric. cp.-J below. 'De piceS qIIIJIed are ~Ofp'~....._..... By- Ai~~. ... O...-Ybt... tillttbia.Bid JS... ..iIboa4..., Glha'liIDdb-..r... ~ QI'~ with my peISQII. ~...... or DIm M...~I.. biil~1IIe __ p.('Wb _lilt.... bid is Ja all DIJ** .... w"coJIaslaa Or ibmd. Jf iiWa.ded dIis _ tbc',..,.",*, ...-1O........IIIi4..f" - wJIIdIl_ (i0) ~4Itrv ........... .,. __ by the City. aod.-lo .IIID....... CIIH~iI_ of. dcr~~ ~~......... wJt1a ., ~ or~r" tbe below ~ prieca l1hidtQa1t1'al8ill6a Jbr JiI.1t(6O)daJs fh1kMfIs bid 01....... FURNisH, pm.lVER.mdUNLOADSOD MA1'ElUAtSDBSClUBBD BELOW . lTEMNO. DBSCIOPDON QUAN'lT1"Y 1JNI'l' '1JN1TPIUCK D':l'ZNDBD PRICK 001" ......Ar~LIO ~ 5GO u. ~ ""- ~ --'"' .. / -.. 002 llJaI......,. Sod SOD u. ~ ~ - .>oc: -- 00) ....~1419 t\;.tEW Sod 0 " g.: ......... 004 - .,.. . SpIip 0 .' --..- 's 005 S ,shcwo~ I,CIOO u. s . " ',"ll pPRNISlI. DBllVER. UNlDAD fDdJNSTAIL SOD MA1'BRJAIS D.l1SQUBBDBBLOW l'IDlMo. :DB(I(1).~ QIWrJ'JJ.Y 1J1Ul 1J1U.r I'IIICB . EDI:ImI:D I'JltCR . BUia-~.liQp Sod U ~ --;- ~ ~~ -:::;;:;; -- &n ~Sad . .... ... ~ ~ . ~ ~ 001 h.... 419CediWSocl 4.CIOO u. S.5ee. &h,'c~ '$ '''f Ii " . opt ...... 8prip .. - ---.. 'See ~. ~ S '.'.'"U .. t 010 SeaaIIln ~........ . 25.OOG s.& .S See &i.,~, !.~. "fA .1 - N01'BS: . 1. 'Ib6- ~ fadlc:"lCrl _-. Bid ~ojJo~ .. ~\~ otdID a;n yl!IIIdy ....___ __ do not CwilIll1,.. .- ~ of~ of~ 10 be pIIldIIIed bytbc City. 1bo v..... ....k dt111bDpicos cpIOItd bavc.rakal in ~_1bDAdaIl Qu.-...,.mayaceed ~bo loMrtbam the O....tiUIsa fNHr.-.. ....Bid.. . @ Bid Proposal Page 1 of 2 / v'" L. . . . i - .' ~ . DETAILED SPORTS TURF CONSTRUCTION .~ '" . ..~""""""",,,-,,,",,,,,,,,,,,,,"~~"_=~,,,,,,,,,,"",",,"'L"""'A~,,,,,,,,,..I,,.,.t<<""""'-"""'<<'J"'"":""Jt'.<:........"!,i!.."......,,.-'-..='-"''''''""''''''''''''''..'''."''''''"..,=,...,,~- Fumlsh(Purchased}, Unload & Install Sod.materiaIs Descrilied Below rrEM NO: DeScription Quantity Unit Unit Price . Extended Price 8 Bermuda 419 Certified Sod 4000 sqft $ 0.38 $ 1,520.00 9 Certified 419 Bennuda Sprigs 300 Bushel $ 3.25 $ 1,375.00 10 Seashore Paspaium 25000 sqft .$ 0-.60. $ 15,000.0.0. '7' J........ Deliver Sod materials Described Below ITEM NO: . Description Quantity Unit Unit Price Extended Price a Bermuda 419 Certified Sod nIa per Load $ 400.0.0 $ 400.00 . . 9 Certified 419 Bennuda Sprigs nIa per load $ 400.00 $ 400.00 10 Seashore Paspalum Located with in Florida nla per load $ 500.0.0. $ 500.00 Located out side of .FIorida nla lper load $1.,200.00. $.. 1,200.00 @ @ HOME Of PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Vacant, Unexpired Term on Police Agenda No. () 5. Z l 3 Retirement Board of Trustees City Manager Department Origin: City Clerk's Office Date Submitted: 8/16/06 For Agenda of: 8/23/06 .. / Ex Ibits: Memo, FS185.05, board member list Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Pursuant to FS185.05, two members of the Board shall be residents of the municipality, appointed by the legislative body of the municipality. Due to the resignation of Jim Sexton, there is a vacant unexpired term on the Board. RECOMMENDED ACTION Interview unless waived, submit nominations for the vacant, unexpired position on the Police Pension board, to expire October 2007. @ @ . .r~. June 20, 2006 Eric Wheeler, Pension Board Chairperson 1225 Main St. Sebastian, Florida 32958 Re: Resignation from the Sebastian Police Officer Pension Board Dear Mr. Wheeler: Due to my resignation from the City of Sebastian, I am resigning from the Pension Board effective July 7,2006. I will notify the City Clerk's Office so they may start the advertisement process. ~ b / ;l.OJOb @ I..Ha.t.Ut.'"'~ u.. vV~t.J.t.Ut.J.Vll . V .l,",VV ,,:n.a.t.Ut....~ .-...... ..:.VVU-......vllV.l 0.1-...... ~~t.J.Vll V.1 . '-'.lll..lI..l\J ~UJ..I;:).lll... .1 0.1:5'"' .1 V.l .1 185.05 Board of trustees; members; terms of office; meetings; legal entity; costs; attorney's fees.--For any municipality, chapter plan, local law munidpality, or local law plan under this chapter: (1) In each municipality described in s. .1.8.5.Jl3. 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 municipality, and two of whom shall be police officers as defined in s. .185Jl2 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, shall 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 shall serve, and may succeed himself or herself as a trustee. Each police officer member shall serve as trustee for a period of 2 years, unless he or she sooner leaves the employment of the munidpality as a police officer, whereupon the legislative body of the municipality shall choose a successor in the same manner as an original appointment. Each police officer may succeed himself or herself in office. (b) The membership of boards of trustees for local law plans shall be as follows: 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 police officer as defined in s. lli..Q2 and one member shall be a firefighter as defined in s. 175.032, respectively, elected by a majority of the active firefighters and police officers who are members of the plan. @ 3. Any board of trustees operating a local law plan on July 1, 1999, which is combined with a plan for general employees shall hold an election of the police officers, or police officers and firefighters if included, to determine whether a plan is to be established for police officers only, or for police 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 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display _ Statute&Search _ Str... 8/15/2006 ATLANTIC MEDICAL. CENTERS Dayton~ Beach, Florida DIRECTOR, HUMAN RESOURCES: Managed the day-to-dayoperations of the Human. Resources. Department. Revised the position control report to provide more accurate manpower reporting. This resulted in the initial stages of using multi-disciplinary teams to resolve human resources issues. Restructured required Board. reports reducing the time required to less than one hour per month. Initiated projects including establishing a structured approach to position approval, redesign of the PRN pool program, definition of levels of management, / the production of a wage and salary group/grade report, and implementation of a reduction in force. Each of these projects required the use of teams. Managed the Maintenance, Housekeeping, and Marketing, and the Seniors Program. MILFORD MEMORIAL HOSPITAL Milford, Delaware DIRECTOR, HUMAN RESOURCES: Managed the human resources, training and development, volunteer, auxiliary, and employee health functions. Directed the organizational development, management development, compensation and benefits, employee relations/discipline, employment, HRIS, pension planning, deferred compensation, employee assistance, legislative compliance, and workers' compensation programs. On an interim basis, led the housekeeping, dietary, maintenance, and pharmacy functions. · Major accomplishments: Initiated an organizational development intervention in concert with the CEO designed to improve change leader management skills. Developed the Team Building curriculum as a member of the CQI Steering Team. Led the initiative to implement a . .cUltlfrecnarfge ~ ftoiif a ~trad ifiolial,pafriafchalol1e. to an empowered employee environment. · Initiated and facilitated teams to develop and issue a Personnel Policy and Procedures Manual, restructure the Wage and Salary program, and redesign the Performance Evaluation Program. · Developed and initiated a revision to the Wage. and Salary program Which has resulted in an annual savings of $200,000. Revised the Worker's Compensation program by initiating an aggressive return to work program saving the hospital over $300,000. Amended . and restated the pension plan. Negotiated welfare benefit plan contracts. · Established a highly effective employee relations program through one- on-one coaching of department heads. The Hospital has had no EEOC complaints filed against it and no union drives @ · Initiated an Operations Audit wherein each department was required to report on specific performance issues to a team comprised of the CEO, the Director of Fiscal Services, and the Director of Human Resources. Participated, as a member of the Executive Team, in the Hospital's strategic planning process, the master site planning program, as well as the day to day operations. Served as Staff to the Professional Affairs Committee of the Board of Directors. · Involved with the Medical Staff by investigating a Supplemental Executive Retirement Program for the hospital owned primary care - practices, serving as staff to the Medical Staff Recruitment and Retention Committee, and coordinating reimbursement agreements for recruiting expenses. Absorbed Physician Recruiting into Human Resources. · Participated in pre-merger activities by completing the - Human Resources section of the Due Diligence process. Led the teams to consolidate the Personnel policies, Workers' Compensation program, and the welfare benefits. BUTLER MEMORIAL HOSPITAL Butler, Pennsylvania DIRECTOR, HUMAN RESOURCES: Manage the Personnel/Employee Relations Department, training and development, employee health, employee assistance program, and Medical library. Directed activities in the areas of wage and salary administration, deferred compensation; pension, recruiting, employee relations, labor relations, policy and-procedure development, legislative compliance, HRIS, empf6yee-nealtlilsaletY,- and managemenfdevelopiTienl-- -- ----- -------- MERCY HOSPITAL OF PITTSBURGH (Teaching Hospital) Pittsburgh, Pennsylvania - DIRECTOR OF HUMAN RESOURCES: Directed the activities of a staff of seven professionals and eight clerical employees. Responsible for compensation, executive compensation, benefits, pension, employment, employee relations, labor rela- tions, legislative compliance, HRIS, and training for the hospital. Major Accomplishments: - Complete revision of the _ wage and salary program. Installed manpower control by computerizing a position control system in conjunction with the established manpower budgets. Directed the implementation of a major staff reduction including communications to department heads, affected employees, medical staff, and the Board of Trustees. Initiated the first formal - affirmative action program in the @ organization. Instrumental in proposing a self-insured workers' compensation program and initiating an aggressive return-to-work program~ Led the negotiating team that obtained a contract settlement with a lower base wage than in any other local hospital contract with the same union. . Functioned as the primary contract administrator, resolved all grievances without arbitration. WASHINGTON COUNTY HOSPITAL ASSOCIATION Hagerstown, Maryland DIRECTOR, HUMAN RESOURCES: Directed the activities and functions of the Personnel and Education Departments to include employee relations, compensation, benefits, pension, executive compensation, recruiting, employee health, and policy and procedure development. Installed a point factor job evaluation system covering all of the organization's positions. Designed and installed the first executive compensation program for the hospital. Introduced and administered the first merit program. Installed processes to monitor wage/salary market competitiveness and enhance supervisory and employee awareness of the organization's wage/salary program. Enhanced employee relations by ensuring the visibility and accessibility of the Personnel Department. Actively participated in the design and implementation of a reorganization of the hospital from a traditional internal structure to a corporate structure. ALLEGHENY GENERAL HOSPITAL (Teaching Hospital) Pittsburgh, Pennsylvania MANAGER OF COMPENSATION MANAGER OF EMPLOYMENT PROFESSIONAUCOMMUNITY- ACTIVITIES: -Instructor ---in Human Resources Management, Introduction to Business, Principles of Management, and Labor Relations at various community colleges and at the four-year college level. Participated in advisory committees for high school and allied health curriculum design. Served on the Board of the Milford Senior Center. Held leadership positions in the Pennsylvania and Delaware Human Resources Societies. EDUCATION: Ed. D., Wilmington College, (enrolled September 1996) M.A., Industrial Relations, St. Francis College B.A., Psychology, Duquesne University . @ @ :..:....~;>*.{}.' ;;......~... ;",1: ,. .~....:' :.. '. . ," ".\ .' . ~':,,~'J.;"~:'- \.~~" ._~ June 30, 2006 " 1/;\;'; . . -.'." .' . .:.:.,., ;'. ~ .':, : . ' : ~. . . ,'!. PRESS RELEASE : ....: '. - -;.,.. ~ -! ' "," .. .", ': ',' ". ':~:. " '. -' .. ,,':";-,.:'.':: - ,: ;.'J' CIViliAN POSITION ON THE CITY OF SEBASTIAN ," POLICE OFFICER PENSION BOARD OF TRUSTEES THE CITY OF SEBASTIAN IS SEEKING APPLlCANT~rTO;~ILL ONE CIVILIAN . ." POSITION ON THE POLICE OFFICER PENSION BOARD OF TRUSTEES WHOSE TERM WILL EXPIRE 10/2007. . ALL APPLICANTS MUST BE CITY RESIDENTS. THIS BOARD MEETS AT LEAST QUARTERLY IN THE HUMAN RESOURCES CONFERENCE ROOM AT CITY HALL, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE-AVAILABLE-IN-THE. CFFY CLERK'SOFFIGE, CITY-HALL,. 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM AND WILL BE ACCEPTED UNTIL FILLED. ### HOM! . OJ' .. PEl.ICAN JSI.AND 1225 Main Street Sebastian, Florida 32958 Subject: Charter Review Committee Recommendation Agenda No: 0&. O(P;l Department Origin: City Clerk fOU 1.1\.. Charter Review Co mittee 71" - City Attorney: Date Submitted: 8/15/06 For Agenda of: 8/23/06 Exhibits: Draft 8-14-06 Charter Review Minutes w/Attached Proposed Amendments and Public Hearing Advertisements SUMMARY STATEMENT The Charter Review Committee met from April through August and conducted two public hearings on July 17 and August 14, 2006 on proposed charter amendments in accordance with the City Charter. The Committee's recommended amendments are set out in their attached draft August 14, 2006 minutes, and will be formally presented on August 23, 2006. RECOMMENDED ACTION Consider the Charter Review Committee's recommendation for proposed amendments 1 through 7 and direct the City Attorney to come back with ordinances for first reading on September 13, 2006. Should any or all of the ordinances pass on first reading we will recommend public hearings for final adoption to be scheduled on October 11, 2006. The Charter Review Committee will meet on the Tuesday following the final action of Council at 5:30 p.m. and at that time formally disband in accordance with the Charter. ~ @ ~"\ Q~ . ;IIiI 4 .. l\'O~ \:,~ ::::'~"f_~,~, "~f~?~~=? CI1Y OF HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MINUTES MONDAY, AUGUST 14, 2006 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Vice Chairman Ruth Sullivan, in the absence of Chairman Richard Smith who was excused, called the meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Barbara Beck Charles Cardinale Maureen Cummings Adrina Davis Linda DeSanctis Dan Dragonetti Harry Enderlein Mary McGee Jim Morrison John Oakes Dennis Powers Cory Richter Ruth Sullivan - Vice Chairman Rick Villars Members Absent: Richard Smith - Chairman (excused) Staff Present: City Attorney, Rich Stringer City Clerk, Sally Maio Also Present: Councilmember Sal Neglia Councilmember AI Paternoster @ Charter Review Committee Meeting August 14,2006 Page Two 4. NEW BUSINESS: A. Approval of July 17. 2006 Minutes (Minutes) On MOTION by Mr. Richter and SECOND by Mr. Morrison, the July 17, 2006 minutes were approved on a voice vote of 14-0. B. Second Public Hearing on Recommended Charter Amendments (Proposed Amendments 1-7) Vice Chairman Sullivan said she had a couple of questions on the amendments. In response to her, the City Attorney explained to her the meaning of 2.06 (c) regarding the election of the vice-mayor; and stated that the Council adopts a procedural resolution each year that includes adoption of Roberts Rules of Order. Vice Chairman opened the public hearing. Sal Neglia, 461 Georgia Boulevard, Sebastian, recommended adding to Section 3.06 "with a Police Chief as head and shall direct the activity of its members". The City Attorney stated that under state law if you have a Council/Manager form of government the City Manager is over the Police Chief and the Charter should try to avoid designation of any department head; also noting that although the Charter will set the policy that there will be a City law enforcement agency it should be left to the City Manager as CEO in this form of government how to organize it and to designate the appropriate title, as is the case with any other department other than Charter offices. He further recommended that Section 3.06 be entitled "Law Enforcement" instead of "Creation". Discussion followed and Ms. Cummings recommended adding language referencing the Chief back in, and Vice Chairman Sullivan agreed. Mr. Oakes stated that putting that title back in would satisfy everyone's concerns but it would be meaningless. There was a motion by Mr. Villars and second by Mr. Morrison to leave the language as originally recommended for charter amendment #5, however, the City Attorney advised a motion was not necessary since no change from the proposed amendment was being recommended. Motion was withdrawn.. Damian Gilliams, 1631 US Highway One, Sebastian, commended the committee for their work on the Charter and suggested the City Attorney read aloud the amendments. The City Attorney advised that this meeting is not being broadcast and that the amendments were on the record. Vice Chairman Sullivan suggested reading the amendments at the end of the hearing in case there are any changes. @ 2 Charter Review Committee Meeting August 14, 2006 Page Three Mr. Gilliams stated that the proposed Council salary increase was an insult to Council members who manage a $27M budget and spend many hours and that it should be three times what was being proposed if the City expects to attract quality, professional politicians to run for office. Committee members responded to him that although they agreed with the need for even higher salaries they were concerned that the voters would not agree and the question might be voted down if it is too high. Mr. Gilliams said the chair appears to be rushing him and that he was debating the issue, however, the City Attorney advised that the public hearing is an opportunity for public input and is not a debate. Mr. Gilliams asked why Sections 3.07 and 3.08 were removed. The City Attorney explained that most of it was already covered under state law such as a police officers having the right to bear arms, and some of it such as designation of a Police Chief did not comply with the Council-Manager form of government. In response to Mr. Gilliams as to whether the City Attorney advised them of the need for these amendments, Vice Chairman Sullivan said it was an effort to clean up the charter and follow the line of law. Mr. Oakes responded that the committee had decided that the Charter is a skeleton that governs the City, should be kept simple and certain provisions which were already covered by Florida law were redundant and could be removed. Mr. Villars said the City Attorney advised the Committee but did not direct them. Mr. Gilliams said the requirement for financial officer attendance at Council meetings should be set out in the Charter. Mr. Gilliams requested polling each member of the Committee, and Mr. Oakes again clarified that this is public input time and not time for debate and any member of the committee can make a motion is he or she so chooses. MOTION was made by Mrs. Cummings and was SECONDED by Mr. Oakes that if it would make people more comfortable to reinsert the last two sentences in Section 3.06 regarding the Police Chief. The City Attorney advised that the last sentence would not be appropriate under the Council-Manager form of government and should have been taken out previously. Mrs. Cummings then amended her MOTION to reinsert only the second to last sentence. Mr. Oakes said he could agree with that. The City Attorney said that in essence would make the Police Chief a Charter officer; and Mr. Oakes withdrew his second. @ 3 Charter Review Committee Meeting August 14, 2006 Page Four It was noted that the designation of a department head title falls under the responsibility of the City Manager in Section 3.04, and that other sections would have to be amended if the Police Chief was designated as a charter office. Vice Chairman Sullivan commended the work of this committee and closed the public hearing. C. Move to Recommend that Council Place Amendment Questions 1 - 7 on March Ballot for Referendum - Formal Recommendation to be Presented to City Council on August 23. 2006 The City Attorney advised at this time that the Committee formulate its recommendation to City Council and read the summary for each question for the record (full amendments attached to minutes as read). He said certain sections are tied together because if one of them was defeated it would have a direct effect on the others which could not stand on their own. On MOTION by Mr. Richter and SECOND by Mr. Oakes, the title for Section 3.06 was changed to "Law Enforcement Agency" instead of "Creation" on a voice vote of 14-0. On MOTION by Mr. Oakes and SECOND by Mr. Morrison, the Charter Review Committee formally recommended to City Council the placement of amendments 1-7 on the March ballot for referendum on a voice vote of 14-0. Mr. Villars thanked Chairman Richard Smith for his work on the committee. The City Clerk confirmed that Vice Chairman Sullivan will make the Committee's presentation to City Council on August 23, 2006 during Presentations and once the Council has directed the City Attorney to draft ordinances, the amendments will be posted on the City website and Channel 25. The proposed schedule is first reading on September 13, 2006 and public hearing and adoption for placement on the March ballot on October 11, 2006. 5. Being no further business, Vice Chairman Sullivan adjourned the meeting at 7:40 p.m. Approved at the , 2006 Charter Review Committee Meeting. Richard Smith, Chairman Prepared By: Sally A. Maio, City Clerk @ 4 CITY OF SEBASTIAN 2006 CHARTER REVIEW COMMITTEE Proposed Amendments ---."--__1__'. Referendum Question #1 Restricting ability to purchase land without supporting appraisals. Shall the City of Sebastian amend the City Charter to restricting the ability of City Council to purchase land without supporting appraisals by amending Section 1.02(1) to add the folloWing provision? "Any land purchase in excess of ten percent of the general fund of the current budget year shall require two appraisals. If the purchase price is In excess of the average of the two appraisals, it requires a supermajority vote of four members of Council. n ------....-.- Referendum Question #2 Changing City Elections to November. Shall the City of Sebastian amend the City Charter to move elections to November to coincide with state and federal general election dates by amending Sections 2.03 and 2.06 to read as follows? Sec. 2.03. Election. (a) There shall be held a general election of two (2) council members on the first Tuesday following the first Monday in November of each even-numbered year and of three (3) council members In each odd-numbered year. (b) The city elections shall have at large voting. Sec. 2.06. Mayor; vice-mayor. (a) Mayor-Selection and term. After the seating of any newly elected council members at the special city council meeting held pursuant to Section 2.04, the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice-mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. @ .. . . . . (c) Vice-mayor-Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice-mayor from among its members. The term of the vice--mayor shall be for one year or until his or her successor is elected. The vice-mayor shall be elected using the same procedure as for the election of mayor. . . .. . .. Referendum Question #3 Increasing salary of City Council. Shall the City of Sebastian amend the City Charter to increase the salaries of City Council members by amending Section 2.05 as follows? Sec. 2.05. Compensation. The mayor, vice-mayor and each of the other council members. shall be paid the following amounts on a monthly basis: (1) Mayor: One thousand dollars ($1000); (2) Vice-mayor: Nine hundred dollal"$ ($900); and (3) Council members: Eight hundred fifty dollars ($850). Upon the seating of a new Council following a regular election. the compensation set forth above shall be adjusted based upon the Consumer Price Index for the southeast United States or any such generally recognized equivalent. Referendum Question #4 Increasing notice and restricting time for special council meetings. Shall the City of Sebastian amend the City Charter to increase the notice required for special meetings and require that such meetings be held after 5 p.m. by amending Section 2.12 to read as follows? . Sec. 2.12. Procedure. (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council member. There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetings shall only be held after 5 p.m.. If a public emergency as defined under Florida law exists any council member or charter officer may. call a special meeting, and the advance notice requirement as well as the .time restriction shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. @ (b) Rules and journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a pUblic record. (c) Voting. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the call of any council member. The ayes and nays on each roll call vote shall be recorded in the minutes of the meeting. Three (3) members of the city council shall constitUte a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent council members in the manner and subject to the penalties prescribed by the rules of the city council then in force. No action of the city council, except as otherwise provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more council members. Referendum Question #5 Removing provisions conflicting with council/manager form of government Shall the City of Sebastian amend the City Charter to remove proviSions conflicting with the Council/Manager form of government by deleting Sections 3.07 and 3.08, and amending Sections 3.01,3.06 and 3.09 to read as follows? Sec. 3.01. Creation. The city manager. city clerk and city attorney are designated Charter officers. Sec. 3.06.~. Law Enforcemen t Agency. The City shall maintain its own law enforcement agency for the protection of citizens and enforcement of laws. Sec. 3.09. City attorney. (a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city council and all city departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. (b) The city council shall have authority to retain additional counsel in specific actions or proceedings in its discretion. (c) The city attorney shall receive such compensation as may be determined by the city council. @ Referendum Question #6 Streamlining and reconciling procedural aspects of City elections with state requirements. Shall the City of Sebastian amend the City Charter to streamline procedural aspects of City elections and reconcile them with state requirements by deleting Sections 4.05, 4.10 and 4.11, and amending Sections 4.02 and 4.07 to read as follows? Sec. 4.02. Filing of candidate"s oath; fee. (a) Each candidate, in order to qualify for election to the office of council member, shall " take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation shall be furnished to the candidate by the city clerk and shall comply with the provisions of Rorida law. (b) The oath set forth in subsection (a) shall be filed with the city clerk at least sixty (60) days prior to the day of the election, along with payment of a nonrefundable' filing fee in an amount to be set forth by Code. Sec. 4.07. Elections-~How arrangedi inspectors and clerks. The city council, In conjunction with the city clerk, shall make all necessary arrangements for holding all city elections and shall declare the results thereof. The city council shall adopt a resolution calling any such election, stating therein where the election shall be held, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with Florida law. Referendum Question #7 Changing frequency of Charter Review Committee from seven to fIVe years. Shall the City of Sebastian amend the City Charter to provide that the Charter Review Committee meet every five years instead of seven by amending Section 5.03 to read as follows? Sec. 5.03. Charter review committee. Not later than April 15 of the year 1999 and of every 5th year thereafter, the city council shall appoint a charter review committee to review the Charter of the city. Each charter review committee shall consist offlfteen (15) residents of the city. The committee shall otherwise be appointed in the manner provided by the Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of Sebastian Charter Review Committee." It shall, within six (6) months from the date of its formation, present to the city council its final recommendation for amendment of the Charter or its recommendation that no amendment Is appropriate. 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Z . 0 m ~ 'co 'roco .~ := - ~ .... ~....,.,~""U1&O.,_.,,~~..:...$.~b...~_:tit""'~'--~<~8.~, @ @ atYOf HOME or PELICAN ISLAND AGENDA TRANSMITTAL Subject: Community Center - PRO/CON Site List Agenda No. , Department Origin: Council Request City Attorney: City Clerk: Date Submitted: 18 AUG 06 Exhibits: See Attached Chart. EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: NIA SUMMARY At your last meeting, the Council requested staff to make some preliminary recommendations on two potential Community Center sites; those being the City Hall location and the Public Works Compound location (a.k.a. the "512 Triangle Site"). Upon your request, I enlisted the help of Rebecca Grohall, Growth Management Director, to develop some "Pro's and Con's" for each site (see attached chart). In preparing this information, Rebecca and I both agree that the site selection issues for these sites can be summarized in four basic points: 1. AVAILABILITY (TIME) - In the next 90 days it is feasible to demolition the Engineering/Public Works and KIRB buildings and begin construction (Also note, the during design phase, the building could stay and be attached/remodeled based on demolition costs). Whereas the triangle site realistically won't be available for at least 2 more years, because time will be needed to construct a new public works facility, potentially at the Airport. In addition, there are ground contamination issues, which while probably not serious, which will cause some delay and added cost if the Triangle site is used. As a reminder, DEP's comments and direction on ground contamination are due shortly. 2. AMENITIES - the Engineering/PW site has parking, land, stormwater, and is clustered with other government services and parks (both Friendship Park and the new improvements the County will be making to the Conservation area potentially provide other areas for pedestrian and bicycle access). These amenities fit some of the recommendations provided by the Parks Committee. 3. LOCATION - While the triangle Is centrally located, using the land is not however, the highest and best use of that property. Remember, if the City builds public facilities in the prime area for commercial and industrial use, the CRA is not growing the potential to increase the CRA incremental new tax revenue. By selling and converting that land to privately owned use could realize significant money to the CRA TIF. 4. MONEY - Property is expensive. There is no need to buy property when the City has a large Inventory that serves our needs for this project. While every site is a little different, staff firmly recommends against buying property for this purpose. Each of the sites discussed here, offer considerable land savings. RECOMMENDED ACTION None at this time. @ @ SITE PRO CON Already own the land (no Small demolition costs (which CITY HALL additional land costs) could be a positive or (Current Location of Engineering and KIRB) neaative) Can provide enough Not as centrally located as stormwater to satisfy site PW Compound (Triangle), requirements however, it will be located with other govt. services - offering some convenience Can provide enough parking Potentially Limited on Space, to satisfy site requirements However, adequate for at least 10,000 square feet and more based on site set-up. If more parking is needed, we have the land available Clustered amenities -PO, City Hall, Old City Hall and Community Center, Friendship Park, PLUS County is improving the land just west of Gibson Street for pedestrian and bicycle access Zoned Correctlv Quick start-up. Within the next 90 days demolition could beQin Already own the land (no City would have to wait until additional land costs) PW Compound is relocated to Airport Property. (That could PW COMPOUND be 1-2 years away) Conveniently located Using the "triangle" for government is NOT the "highest and best use" of prime commercial/industrial land Zoned Correctly Potenitial ground contamination issues. Does provide a tool to start This area is within the CRA redevelopment in "triangle". and while owned by the City, There may be other avenues does not add to the City's ad to acquire additional property valorem tax base. Nor does to further jump starting this the City realize any property mission. For example, tax appreciation. By selling consideration of VFW land this land (if City moves out to exchange or purchase may airport) this property would need to be investigated. revert to private ownership and realize SIGNIFICANT property tax increase ~ which in turn help fuel tax increment values within the CRA. @ @ City of Sebastian, Florida OFFICE. OF THE. ern' ATTORNE~ V AGENDA TRANSMITTAL Agenda No. 0"- ( I if Subject: Residential lot clear zone; Ordinance 0-06-07 Date Submitted: 8/17/06 For Agenda of: 8/23/06 SUMMARY: Based upon the attached comments from the u.s. Fish & Wildlife Service office, it is recommended that we fine-tool our draft ordinance with an eye towards scrub-jay issues, then submit it for a consistency determination from the FWS. RECOMMENDED ACTION: Defer action for redrafting of Ordinance, perhaps submitting the same for review by one or more advisory committees of the Council. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: @ @ ~---- Sally Maio From: Sent: To: Subject: Importance: Rich Stringer Thursday, August 17, 2006 11 :46 AM Sally Maio FW: Proposed vacant lot clearing resolution and ESA implications High -----Original Message----- From: Trish Adams@fws.gov [mailto:Trish Adams@fws.gov] Sent: Friday, July 28, 2006 10:11 AM - To: rstringer@cityofsebastian.org Cc: aminner@cityofsebastian.org; Spencer_Simon@fws.gov; council@cityofsebastian,org Subject: Proposed vacant lot clearing resolution and ESA implications Importance: High Hi Rich, I just wanted to follow-up on the comments I provided at the City Council meeting on Wednesday night regarding the proposed vacant lot clearing resolution. I would like to reiterate my recommendation that the city submit a request to the Fish and Wildlife Service for a consistency determination with the city's Scrub-jay Habitat Conservation Plan (HCP) and Incidental Take Permit (ITP). There is a potential for the scrub-jays to be directly impacted (loss of nests, eggs, and young) if clearing occurs during the scrub-jay nesting season, particularly in areas where we know scrub-jays occur. Once we receive the consistency request, I will review the ITP closely, but off the top of my head I don't believe this type of direct affect is authorized in the ITP (only indirect affects). Thank you for recommending to the Council that consultation with the Fish and Wildlife Service should occur. If the city submits a consistency request, it. would be helpful to us if a complete description of the proposal is included. You may want to consider providing information such as the number of lots to be affected; their location; proximity to conservation lands and scrub-jay locations; specific types of vegetation to be removed; quantify the amount and type of native habitat to be removed (particularly scrub); methods to be implemented to control the proliferation of Brazilian pepper; frequency of clearing, etc.). I suggest that the city consider including avoidance and minimization measures to minimize impacts to the scrub-jay in the request. If the comments from the Council, specifically that they are not likely to support the provision of avoiding clearing activities during the scrub-jay nesting season and allow the removal of scrub habitat (e.g., scrub oaks), prevail then I suggest that the city consider either amending the existing HCP/ITP or seek a new ITP to avoid potential violations of the Endangered Species Act (ESA) because this could cause take of the scrub-jays, as defined in the ESA. What is Take? Take is defined under section 9 of the ESA as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect any threatened or endangered species. Harm is defined as significant habitat modification where it kills or injures a listed species through impairment of essential behavior (e.g., nesting, breeding, or sheltering). Harassment is an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include breeding, feeding, or sheltering. 1 @ Understandably. the Council may not be familiar with the specifics of the ESA and their commitments pertaining to the HCP and ITP since it is rather complex. I would be happy to help clarify any confusion~ a presentation may be helpful. Thank you, Trish Trish Adams Fish and Wildlife Biologist Habitat Conservation Planning Coordinator U.S. Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960 Phone: (772) 562-3909, extension 232 Fax: (772) 562-4288 Email: Trish_Adams@fws.gov @ 2 ORDINANCE NO. 0-06- 07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, as more platted lots in Sebastian have been improved, the effects of vegetative overgrowth on vacant lots have become an increased nuisance to the residents of the City from the standpoint of both fire safety and maintenance along boundaries; and WHEREAS, it is in the public interest to utilize the nuisance abatement provisions of the Code to address this problem; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AMENDMENT. That section 66-3 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to add a subsection (13) to read as follows: Sec. 66-3. Illustrative enumeration. * * * * * (13) Non-native trees, as well as an overgrowth of vegetation such as brush, vines or weeds, within twenty feet of the lot line of an unimproved property where said lot line abuts a parcel improved with a residential structure. Section 2. CONFLICT. All code provisions in conflict herewith are repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall be effective upon passage. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: @ Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of , 2006. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Sally A. Maio, MMC City Clerk Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney @ MUNICIPAL AIR ORT CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Resolution 06-18 Agreement between City of Sebastian and Florida Power & Light (FP&L) for staging area Agenda No. ()&, 135 Department Origin: Department Head: Finance Director: City Attorney: City Clerk: Air~ .. Cl~ c7 , Date Submitted: For Agenda of: 8-18-06 8-23-06 Exhibits: (1) -FP&L staging agreement documentation EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: $ n/a $ n/a $ n/a FUNDING SOURCE: nla SUMMARY In the past, the City of Sebastian and Florida Power & Light have worked closely together to provide quick restoration of electrical service to the community after natural disasters. This agreement, allowing FPL to use Sebastian Municipal Airport as staging grounds for their necessary operations, must be renewed. This renewal requires no expenditures from the City of Sebastian and is similar in terms to the old contract. By accepting this agreement, the City will be reinforcing their dedication to providing citizens with timely aid in moments of great distress. RECOMMENDATION Move to adopt Resolution No. 06-18 authorizing FP&L to use Sebastian Municipal Airport as staging grounds for disaster recovery operations. @ B AGREEMENT This agreement is made and entered into as of the _ day of _, 20_, by and between Florida Power & Light Company (FPL) and (Grantor) . WITNESSETH: WHEREAS, in the event of disasters such as major storms, hurricanes, other natural disasters, and military or civil disturbances, FPL will require temporary staging areas from time to time in the communities to park trucks and stage employee vehicles and to act as show-up sites for employees of FPL, its contractors, and other utilities assisting FPL, and WHEREAS, the staging areas will be secured against theft, vandalism, and site abuse, and temporary lighting will be used during darkness, and WHEREAS, Grantor is willing to provide a staging area for as long as reasonably necessary for FPL to reinstall electric service, and WHEREAS, FPL agrees that upon the completion of the company's storm restoration, the staging area will be returned to its previous condition. NOW, THEREFORE, the parties agree as follows: 1. GRANTOR hereby grants to FPL the use and control of the area described in Exhibit "A" to perform the functions described in the recitals above on an "as needed" basis. 2. FPL agrees to protect, defend, indemnify and hold Grantor, its tenants, and their officers, directors, employees, agents, and servants and its public officials, if a subdivision of the State of Florida, (Grantor Entities) free and unharmed from and against any and all third party (including employees of FPL, other utilities assisting FPL, and its contractors) claims, liabilities, losses, costs, or damages whatsoever, including court costs and reasonable attorneys' fees resulting from or in connection with the use of the staging area by FPL and its contractors, including ingress and egress thereto. FPL will also reimburse Grantor Entities for damages sustained as a result of the negligence of its employees or the employees of its contractors or other utilities assisting FPL. 3. FPL will provide any surface improvements it deems necessary for the effective use of the area, required utility services, sanitation facilities, fuel dispensing for its equipment, mobile office facilities, tents, eating facilities, and upon termination of use, FPL will restore the property to at least its original condition. 4. This Agreement shall be for a term of one (1) year from date made and automatically renewed from year to year thereafter until one party gives the other party ninety (90) days written notice prior to the anniversary date that the Agreement will not be renewed for the following year. o IN WITNESS WHEREOF, the parties have caused this agreement to be signed by their duly authorized officers or representatives effective as of the date first above written. FLORIDA POWER & LIGHT COMPANY GRANTOR By By Title Title @ EXHIBIT" A" As an attachment to the staging agreement between made and entered into as of the _ day of ,20_, by and between Florida Power & Light (FPL) and An area described on this date as located at County. ct]) @ HOME OF PWCAN ISLAND eit of Sebastian, Florida Agenda No. (!)w. f 3 f.p Subject: Resolution No. R06-16 Establishing a Retirement Health Savings Plan with the IC Retirement Corporation Department Origin: City Manager Finance Director: City Clerk: City Attorney: ~ Date Submitted: August 9, 2006 For A enda of: August 23, 2006 Exhibits: 1. Resolution No. 06-16 2. Employer Vantage Care Retirement Health Savings Plan Adoption Agreement 3. Employer Vantage Care Retirement Health Savings Plan Implementation Data Form 4. Employer Vantage Care Retirement Health Savings Plan Administrative Senices Agreement EXPENDITURE REQUIRED: N/ A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A FUNDING SOURCE: N/A SUMMARY This City of Sebastian wishes to establish on behalf of all full time employees, a Retirement Health Savings Plan. The purpose of this plan is to establish a tax advantaged investment plan dedicated to funding healthcare costs during retirement. This plan would be available to all full time employees of the City of Sebastian, and provides tax-free medical expense reimbursements for qualified expenditures during retirement for the employee, their spouse and any dependents. The administration of this new plan would be processed the same way as the present ICMA 457b and 401a plans are. RECOMMENDED ACTION Move to adopt Resolution No. R-06-16, establishing a retirement health savings plan with the ICMA Corporation, effective October 1,2006. @ @ RESOLUTION NO. R-06-16 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ESTABLISHING A RETIREE HEALTH SAVINGS PLAN FOR CITY EMPLOYEES; PROVIDING FOR CONFLICT; AND PROVIDING FOR. AN EFFECTIVE DATE. WHEREAS, the establishment of a retiree health savings plan for City employees serves the interests of Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the establishment of the retiree health savings plan (the "Plan") serves the above objectives. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. Establishment of Plan. The City shall establish a retiree health savings plan for City employees. That the assets of the Plan shall be held in trust, with the Employer serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The Council authorizes the City Manager to execute the Declaration of the Trust of the City of Sebastian Integral Part Trust in the form of the model trust made available by the ICMA Retirement Corporation. The City of Sebastian shall be the coordinator and contact for the Plan and shall receive necessary reports. notices, etc. Section 2. Conflict. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. Effective Date. This resolution shall become effective upon its adoption. Upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Nate McCollum Councilmember Sal Neglia Councilmember AI Paternoster The Mayor thereupon declared the Resolution duly passed and adopted this 23rd day of August, 2006. CITY OF SEBASTIAN, FLORIDA By: Brian Burkeen, Mayor ATTEST: Approved as to fonn and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney @ (SEAL) @ VantageCare Retirement Health Savings Plan Implementation Data Form - Page 1 .~. Instructions to Employer: Provide necessary information to establish your plan properly. Please contact your New Business Analyst at 1-800-326-7272, if you have any questions. ICMA RETIREMENT CORPORATION ICMA-RC Use Only 1. Employer # General Information 2. (902) Employer's Full Name: City of Sebastian 3. (924) Street Address: (925) 1225 Main Street 4. (918) City: Sebastian (919) State:F1orida (920) Zip Code: 32958 5. (633) Primary Contact: Naney Veidt 6. (634) Primary Contact Title: Payroll Specialist 7. (631) Primary Contact Telephone #: ( 772 ) 388-8231 8. (632) Fax #: ( 772) 388-8249 9. (PTOO) E-mail Address: nveidt@cityofsebastian.orq 10. (882) Employer's Federal Tax Identification Number: 59-6000427 11. # of Employees: /88 12. # of Employees Eligible for Plan Participation: / g f3 13. # of Employees Eligible to Receive Medical Benefits: /II J A { Plan Implementation Information 14. Plan Level Quarterly Statements: (Note: * = default) a. Sort Order: (629) 0 S=SSN* ~ N=Name b. Output Media: (627) 0 P=Paper* 0 M=Microfiche c. Type: (626) 0 S=Summary* 0 D=Detail o B=Bound 15. (611) Contribution Information: (Note: * = default) a. Frequency: (check one): ){ (0) Bi-weekly* o (1) Weekly o (2) Semi-weekly o (3) Bi-monthly o ( ) Other: o (4) Monthly o (5) Semi-Monthly o (6) Bi-quarterly o (7) Quarterly o (8) Semi-quarterly o (9) Bi-annually o (10) Annually o (11) Semi-annually b. Deposit Medium: (624) 0 Check * o Wire }l. EFT c. Data Medium: EZ Link Required to participate in RHS Plan d. First Contribution Date Following Implementation: OI!..TOf!>E!?.. 200IP @ ICMA Retirement Corporation' Attn: Records Management Unit, P.O. Box 96220 'Washington, DC 20090-6220 . Toll Free 1"800669-7400 20 VantageCare Retirement Health Savings Plan Implementation Data Form - Page 2 ~ Plan Contacts (If any item #16-21 is left blank, the Primary Contact in #5 will receive mailings Payroll Contact Information Please indicate alternate addresses in Coments Section Contribution Contact Information Trustee Contact Information Billing (Fees) Contact Information Comments: (Alternate Addresses for #16-21) Internal Use Only 16. PTOl (200) (200) (420) 17. PT08 (200) (200) (420) 18. PT09 (200) (200) (420) ICMA RETIREMENT CORPORATION Contact Signature: Contact Name: Nancv Veid Contact Title: Payroll Specialist Telephone: (772)~... Contact Signatu!:!.- :h- ..c- Contact Name: Shai Fran~ Contact Title: Finance Director Telephone: (772)m~ Contact Signature: 'Up Contact Name: Debra Krueqer Contact Title: Human Resource Director Telephone: (772 )388-8202 Fax: ( 77'J 388-8249 Fax: (--.TI2 388-8249 Fax: (772) 388-8247 19. PT02 (200) (200) (420) Contact Name: Nancy Veidt Contact Title: Payroll Specialist Telephone: (772 )388-8231 Fax: Q72 )388-8249 20. PTlO (200) Trustee Name: Nathan McCollum (200) Trustee TItle:Mavor (200) Trustee Address: 1225 Main Street Street City Sebastian State Florida Zip 32958 (420) Telephone: (_) Fax: (_) 21. PT06 (200) (200) (420) Contact Name: Contact Title: Telephone: (_) Fax: (_) Debra Krueger, Human Resource Director, emai1 dkrueqer@citvofsebastian.org 1225 Main Street, Sebastian, Florida 32958 772-388-8202, Fax 772 388-8247, 641 912 608 ICMA Retirement Corporation. Attn: Records Management Unit. P.O. Box 96220. Washington, DC 20090-6220. Toll Free 1-800 669-7400 @ 21 EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN ADOPTION AGREEMENT Plan Number: 8 I. Employer Name: Citv of Seb;"stian Employer Retirement Health Savings Plan Name: City of Sebastian Employees' Retirement Health Savings Plan State: Florida II. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government. III. The Effective Date of the Plan: October 1, 2006 IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare ben- efit plan(s) established by the Employer: CH:v of Seb~st:tan EmploveeR' Retirement Healtb Saving Plan V. Eligible Groups and Participant Eligibility Requirements A. The following group or groups of Employees are eligible to participate in the VantageCare Retirement Health Savings Plan: x All Employees All Full-Time Employees Non-Union Employees Public Safety Employees -- Police Public Safety Employees -- Firefighters General Employees Collectively-Bargained Employees (Specify unit) Other (specify below) The group specified must correspond to a group of the same designation that is defined in the statutes, ordi- nances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health Savings Plan is in whole'or part a non-collectively bargained, self-insured plan, the nondiscrimination requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on the benefits received 11 by highly compensated Employees if the Plan discriminates in favor of highly compensated Employees in terms of eligibility or benefits. The Employer should discuss these rules with appropriate counsel. B. Participant Eligibility 1. Minimum period of service required for participation is B/A (write N/A if an Employee is eligible to partici- pate or to elect to participate immediately upon employment). 2. Minimum age required for eligibility to participate is B/A (write N/A if no minimum age is required). VI.Contribution Sources and Amounts A. Mandatory Contributions o 1. Direct Employer Contributions The Employer shall contribute on behalf of each Participant ~% of earnings or $ fI Year. for the Plan Definition of earnings: Gr.OflS W;;l.g~S o 2. Mandatory Leave Contributions The Employer will make mandatory contributions of leave as follows: Accrued Sick Leave* 0 Yes III No Accrued Vacation* DYes [J No Other* (describe) DYes "0 No * Please provide the formula for determining the Accrued Leave contribution: An Employee shall not have the right to discontinue or vary the rate of annual leave contributions. o 3. Mandatory Employee Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: o Reduction in Salary - (,1 % of earnings (as defined in VI.A.1.) or $ " contributed for the Plan Year. will be o Decreased Merit or Pay Plan Adjustment - All or a portion of the Employees' annual merit or pay IiJrR adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rate of mandatory contributions of Employee compensation. @ 12 @ 13 C. Limits on Total Contributions The total contribution on behalf of each Participant (including both Mandatory and Elective Contributions) for each Plan Year shall not exceed the following limit(s): o % of earnings (as defined in VI.A.1.). o $ IZJ There is no Plan-defined limit on the percentage or dollar amount of earnings that may be contributed. Limits on individual contribution types are defined within the appropriate section above. See Section V.A. for a discussion of nondiscrimination rules that may apply to non-collectively bargained self- insured Plans. @ 14 VII. Vesting Schedule A. The account is 100% vested at all times, unless specified otherwise in B. below. B. The following vesting schedule applies to Direct Employer Contributions outlined in V I. A. 1 : Years of Service Completed Specified Percent Vesting % % _% _% % % ==% % ==% C. The account will become 100% vested upon the death, disability, retirement, or attainment of benefit eligibility by a Participant. Definition of rAtirE'!ment: D. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not cou nt toward the vesting schedule outlined in B. above. VIII. Forfeiture Provisions Upon separation from the service of the Employer or upon reversion to the Trust of a Participant's account assets remaining upon the participant's death (as outlined in Section XI), a Participant's non-vested funds shall: o Remain in the Trust to be reallocated among all Plan Participant's as Direct Employer Contributions for the next and succeeding contribution cycle(s). ~ Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants. o Remain in the Trust to be reallocated among all Plan Participants based upon Participant account bal- ances. Revert to the Employer. In the case of separation from service, the Participant's non-vested funds shall be applied as shown above. In the case of reversion due to the Participant's death under Section XI, the remaining account assets shall be applied as shown above. IX. Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health Savings Plan A. A Participant is eligible to receive benefits: At retirement only (as defined in Section VII.C.) X At separation from service with the following restrictions none. At age only At retirement and age At retirement or age @ 15 B. Termination prior to general benefit eligibility: A Participant who separates from the service of the Employer prior to attaining benefit eligibility as outlined in Section IX.A. or C. will be eligible to receive benefits: Xi. Immediately upon separation from service. o At age C. A Participant who dies or becomes totally and permanently disabled (as defined by the Social Security Administration) will become immediately eligible to receive medical benefit payments from his/her VantageCare Retirement Health Savings Plan account. X. Permissible Medical Benefit Payments Benefits eligible for payment consist of: A. X All Medical Expenses eligible under IRC Section 213* other than direct long-term care expenses, OR B. The following Medical Expenses (select only the expenses you wish to cover under the VantageCare Retirement Health Savings Plan): Medical Insurance Premiums Medical Out-of-Pocket Expenses* Medicare Part B Insurance Premiums Medicare Supplement Insurance Premiums COBRA Premiums Dental Insurance Premiums Dental Out-of-Pocket Expenses* Long Term Care Insurance Premiums Other (Must be eligible under IRC Section 213)* * See Section V.A. for a discussion of nondiscrimination rules which may apply to non-collectively bargained, self-insured Plans. XI. Death Benefit In the event of a Participant's death, the following shall apply: Account Transfer: The surviving spouse and/or surviving eligible dependents (as defined in Section XIII.F.) of the deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical bene- fits specified in Section X above. Upon notification of a Participant's death, the Participant's account balance will be transferred into the Vantagepoint Money Market Fund*. The account balance may be reallocated by the surviving spouse or dependents. * Please read the current prospectus carefully prior to investing. An investment in this fund is neither insured nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable net asset value of $1.00 per share. Vantagepoint Mutual Funds are distributed by ICMA-RC Services, LLC, a controlled affiliate of ICMA Retirement Corporation. Member NASD/SIPC. If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible depend- ents, the balance will be available for medical benefits for the designated beneficiary of the last dependent or spouse to die. Assets remaining upon the death of a designated beneficiary shall be available for medical bene- fits of the beneficiary's designated beneficiary. If there is no living beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. @ 16 EMPLOYER By: Title: Attest: Accepted: Vantagepoint Transfer Agents, LLC !Z.t :f.~~~ Corporate Secretary @ 18 There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's spouse's or dependent's designated beneficiary(ies). If there are no living spouse or dependents at the time of death of the Participant, the account will be available for medical benefits for the designated beneficiary(ies) of the Participant. Assets remaining upon the death of all designated beneficiaries shall be available for medical benefits of the beneficiary's beneficiary. If there is no liv- ing beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's beneficiary(ies) or any beneficiary's beneficiary. XII. De Minimis Accounts Upon separation from the service of the Employer prior to a Participant becoming eligible for medical benefits from a VantageCare Retirement Health Savings Plan account, Participant accounts that are considered de min- imis as specified below will be paid to the Participant. ~ The de minimis account value shall be $5,000 or less. o The de minimis account value shall be $ $5,000) or less. (insert dollar amount between $0 and o The Plan shall not allow de minimis account distributions. XIII. The Plan will operate according to the following provisions: A. Employer Responsibilities 1. The Employer will submit all VantageCare Retirement Health Savings Plan contribution data via electronic submission. 2. Participant status updates and/or changes or personal information updates and/or changes (Participants' termination dates, Participants' benefit eligibility dates, etc.) will be provided via electronic submission. B. Participant account administration fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement. C. Employer plan fees will be paid by the Employer as outlined in the Administrative Services Agreement. D. Assignment of benefits is not permitted. E. Payments to an alternate payee (payee other than a Participant) are not permitted with the exception of reim- bursement of health insurance premiums to the Employer. F. An eligible dependent is the Participant's lawful spouse and any other individual who is a person described in IRC Section 152(a). G. The Employer will be responsible for withholding, reporting and remitting any applicable taxes, as outlined in the VantageCare Retirement Health Savings Plan Employer Manual. XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Employer VantageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the Trust and/or loss of tax-deferred status for Employer contributions. @ 17 Plan # 801440 ADMINISTRATIVE SERVICES AGREEMENT Type: VantageCare RHS Account Number: 801440 City of Sebastian - 1 - @ Plan # 801440 ADMINISTRATIVE SERVICES AGREEMENT This Agreement, made as of the day of , 20_ (herein referred to as the "Inception Date"), between The International City Management Association Retirement Corporation ("ICMA-RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the City of Sebastian ("Employer") a local govenmental instrumentality organized and existing under the laws of the State of Florida with an office at 1225 Main Street, Sebastian, Florida 32958. RECITALS Employer acts as a public plan sponsor for a retiree heaJth plan with responsibility to obtain investment alternatives and services for employees participating in that plan; Employer desires to make the VantageCare Retirement Health Savings Plan ("RHS Plan" or "Plan") provided by ICMA-RC available to its employees; ICMA-RC makes available the Vantagepoint Funds, a no-load, diversified mutual fund, for investment of public employer plan assets, including RHS Plan assets; ICMA-RC provides a complete offering of services to public employers for the operation of employee retirement and retiree health savings plans including, but not limited to; communications concerning investment alternatives, account maintenance, account record-keeping, investment and tax reporting, form processing, benefit disbursement and asset management. AGREEMENTS 1. Acceptance of RHS Plan Employer agrees to make the RHS Plan provided by ICMA-RC available to its employees. The details of the RHS Plan shall be as mutually agreed between the Employer and ICMA-RC, and in general shall be as set forth in the RHS Plan materials developed by ICMA-RC and provided to Employer. The RHS Plan materials are hereby incorporated by reference and made a part of this Agreement, except that Employer and ICMA-RC may from time to time mutually agree in writing to terms that vary from the RHS Plan materials. RHS plan materials shall include the VantageCare RHS Employer Manual, available electronically through the EZ Link System upon plan adoption. The functions to be performed by ICMA-RC and its agents include: (a) allocation in accordance with participant direction of individual accounts to investment funds ("Funds") made available to Plan participants; @ -2- Plan # 801440 (b) maintenance of individual accounts for participants reflecting amounts contributed, income, gain, or loss credited, and amounts disbursed as benefits; (c) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts; (d) communication to participants of information regarding their rights and elections under the Plan; (e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan; and (f) performance of tax withholding and reporting in conjunction with the Employer for each RHS account. 2. Employer Duty to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities with respect to the Plan, including information needed to allocate individual participant accounts to Funds, and information as to the employment status of participants, and participant ages, addresses, beneficiaries and other identifying information (including tax identification numbers). ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant, dependent, or beneficiary that is furnished by such participant, dependent, or beneficiary, and ICMA-RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide account information in reports, statements or accountings. 3. Certain Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. (b) ICMA-RC is an investment adviser registered as such with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC Services, LLC (a wholly owned subsidiary of ICMA-RC) is registered as a broker-dealer with the Securities and Exchange Commission (SEC) and is a member in good standing of the National Association of Securities Dealers, Inc. Employer represents and warrants to ICMA-RC that: -3- @ Plan # 801440 (c) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (d) Information required to be retained by the Employer shall be set forth in the RHS plan materials developed by ICMA-RC and provided to the Employer. (e) Employer is responsible for determining that there are no state or local laws that would prohibit it from establishing ICMA-RC's VantageCare RHS program. Employer is also responsible for determining that the investments selected for the RHS plan fall within statellocal requirements. . (f) Employer acknowledges that the RHS plan may be treated as a "health plan" for Health Insurance Portability and Accountability Act ("HIPAAI>) purposes and therefore may be subject to HIPAA privacy rules. If it is determined that the RHS plan is considered a "health plan", an employer sponsoring RHS would be responsible for complying with the HIPAA privacy and security rules regarding protected health information of RHS plan participants. ICMA-RC has procedures in place to safeguard the protected health information of RHS plan participants. 4. Participation in Certain ProceedinQs The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to a medical child support order. Unless Employer notifies ICMA-RC otherwise, Employer authorizes ICMA-RC to determine whether disbursement of benefits to a former spouse, spouse or child pursuant to a medical child support order is appropriate. 5. Compensation and Pavment (a) Absent an explicit agreement to the contrary between ICMA-RC and Employer, participant fees and expenses shall be payable from RHS assets, in accordance with the requirements of the RHS Plan as set forth below. (i) Employer with ICMA-RC 9401 and ~457 retirement plan average participant account balances of $25,000 or more: A $30 annual account fee will be charged to each Accountholder's account upon attainment of Benefit Eligibility by the Accountholder. @ -4- Plan # 801440 Benefit Eligibility shall be transmitted electronically to ICMA-RC by Employer through the EZ link System. Benefit Eligibility shall mean the quarter in which the Accountholder becomes eligible to use of the account for reimbursement of medical expenses under the terms of the Employer's RHS Plan. The account fee will be charged against the account on a quarterly basis. In addition to the annual account fee, an annual asset fee of 0.30% (30 basis points) will be charged on a quarterly basis, based on the balance in the account on the last day of the previous quarter. (ii) Employer with JCMA-RC ~401 and ~7 retirement plan average participant account balances of less than $25,000, or Employer who does not currently have a retirement plan with ICMA-RC: A $30 annual account fee will be charged to each Accountholder's account upon attainment of Benefit Eligibility by the Accountholder. Benefit Eligibility shall be transmitted electronically to ICMA-RC by Employer through the EZ link System. Benefit Eligibility shall mean the quarter in which the Accountholder becomes eligible to use of the account for reimbursement of medical expenses under the terms of the Employer's RHS Plan. The account fee will be charged against the account on a quarterly basis. In addition to the annual account fee, an annual asset fee of 0.40% (40 basis points) will be charged on a quarterly basis, based on the balance in the account on the last day of the previous quarter. When the average participant account balance of the Employer's ~01 and ~457 retirement plans with ICMA-RC totals $25,000 or more (based on the b~lances in the Employer's retirement plans on the last day of the previous quarter), the pricing detailed in paragraph 8.a. shall apply beginning in the subsequent quarter. (iii) Account administration fees are subject to change with appropriate prior notification. (b) Compensation for Advisory and other Services to the Vantagepoint Funds. Employer acknowledges that certain wholly-owned subsidiaries of ICMA-RC receive compensation for advisory and other services furnished to the Vantagepoint Funds. The fees referred to in this subsection are disclosed in the Vantagepoint Funds Prospectus. -5- @ Plan # 801440 6. Custody Employer understands that amounts contributed to the RHS plan are to be remitted directly to Vantagepoint Transfer Agents in accordance with instructions provided to Employer in the RHS plan materials and are not to be remitted to the ICMA Retirement Trust or ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred, ICMA-RC will return it to Employer with proper instructions. 7. Responsibility (a) ICMA-RC shall not be responsible for any acts or omissions of any person other than ICMA-RC in connection with the administration or operation of the Plan. (b) The Employer understands that, as a general matter, the Internal Revenue Service ("IRS") may decline to rule on certain design features or provisions that the Employer may request to have added to the RHS plan materials. The Employer agrees to hold ICMA-RC harmless in connection with the addition and administration of any RHS plan feature or provision requested by the Employer for which the IRS will not provide express interpretive guidance. 8. Term This Agreement shall be in effect for an initial term beginning on the Inception Date and ending 5 years after the Inception Date. This Agreement will be renewed automatically for each succeeding year unless written notice of termination is provided by either party to the other no less than 60 days before the end of such Agreement year. 9. (a) (b) (c) @ Amendments and Adiustments This Agreement may not be amended except by written instrument signed by the parties. The parties agree that an adjustment to compensation or administrative and operational services under this Agreement may only be implemented by ICMA- RC through a proposal to the Employer via correspondence or the Employer Bulletin. The Employer will be given at least 60 days to review the proposal before the effective date of the adjustment. Such adjustment shall become effective unless, within the 60 day period before the effective date, the Employer notifies ICMA-RC in writing that it does not accept such adjustment, in which event the parties will negotiate with respect to the adjustment. No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. -6- Plan # 801440 10. Notices All notices required to be delivered under Section 9 of this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002-4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 11. Comolete Aareement This Agreement shall constitute the sole agreement between ICMA~RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 12. Governing Law This agreement shall be governed by and construed in accordance with the laws of the State of Florida, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. -7- @ Plan # 801440 In Witness Whereof, the parties hereto have executed this Agreement as of the Inception Date first above written. @ CITY OF SEBASTIAN Name of Employer by: Signature/Date Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION If,it J. All. / by: ~rAv\. Paul Gallagher Corporate Secretary -8- 1 HOME Of PELICANIS1.AND Subject: Group Health, Dental and Life & Long-Term Disability Insurance Renewal. CITY OF SEBASTIAN AGENDA TRANSMITTAL Agenda No. 0&.137 , Department Origin: Human Resffi. ce. s Human Resources Dir: hhU 'U.fI/[) Finance Director~ City Attorney: '-~ City Clerk: / Date Submitted: August 101h, 2006 For Agenda of: August 23rd, 2006 Submittal by: City Manager Exhibits: 1. Health Insurance Renewal Evaluation from the Gehring Group 2. BlueCross BlueShield of Florida Enrollment Summary 3. Dental Insurance Renewal Evaluation from the Gehring Group 4. JetJerson Pilot Life Insurance Renewal Letter 5. Jefferson Pilot Long Term Disability Renewal Letter EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: Included in the 2006-2007 Proposed Annual Budget APPROPRIATION REQUIRED: N/A ~UMMARY To represent the City in the insurance marketplace, the City enlists the services of the Gehring Group. The Gehring Group has received a 3 % commission in the previous contract and shall continue to receive this 3% on our total premiums from BlueCross BlueShield of Florida for this service. The Gehring Group reduced their commission from 4% for the fiscal year beginning October 1,2005. The current Group Health, Dental and Life and Long-term Disability Insurance contracts for the City will expire at the end of this fiscal year on September 30th, 2006. GROUP HEALTH INSURANCE: Due to the tremendous savings realized last year when we switched from the Florida Municipal Insurance Trust (FMIT) to BlueCross BlueShield of Florida (BCBS), the Gehring Group suggested that we negotiate with BCBS as a show of good faith for the reduced rates that were provided in the prior fiscal year, and encourage BCBS to provide a reasonable rate increase, in lieu of going out to bid. BCBS initially proposed a 27.8% increase due to our claims experience. Though BCBS increased their overall premium renewal rate by 18% from the prior fiscal year, the fiscal year 2007 premium rate of$1,129,626 from BeaS is still lower than the fiscal year 2005 premiumrateof$1,245,460 from FMIT, a reduction of$115,834. @ GROUP DENT~ INSURANCE: The group dental insurance premiUJil has increased by 9.3%, which is approximately $6,600. The Gehring Group considers this premium increase reasonable due to CWTent dental trends and the lack of claims experience when Florida Combined Life initially proposed to our group for the 2005-2006 fiscal year. LONG-TERM DISABIl-ITY and LIFE INS~CE: Jefferson Pilot Financial is not increasing premiums, and will be in a rate guarantee for the next 24 months. Next renewal will take place October 1st, 2008. VISION: Vision Care Plan is in a rate guarantee and is scheduled to renew October 1st, 2007. . RECOMMENDED ACI10N Move to waive competitive bid procedures and authorize renewal of the following agreements: Group Health Insurance through BlueCross BlueShield of Florida, Group Dental Insurance through Florida Combined Life Insurance Company and Life Insurance & Long-Term Disability through Jefferson Pilot. @ City of Sebastian' Medical Insurance Renewal Evaluation Effective Date: October 1, 2006 GEI-IRING ~GROUP ::'-;:ce,: PfiiQl"fS51(H..l'H.- :Sl~VIC!;S SCHEDULE OF BENEFfTS CURRENT BlueGross BlueShield of Florida BlueOpIions PPO Plan B 1749 ORIGINAL RENEWAL BlueGross B1ueShield of FIOIida BlueOptions PPO Plan B 1749 NEGOTIATED RENEWAL BlueCrass BlueShield of Florida BlueOpIions PPO Plan B 1749 $2,000 $4,000 $4,000 $8,000 No DedJcbble $500 No DedJctible $1,500 10% 40% Ufetime MaximllTl Out of Pocket CYM Single Family Calendar Year Deductible Single Family Coinsurance $5 million $5 million $2,000 $4,000 $4,000 $8,000 $2,000 $4,000 $4,000 $8,000 No DedJctible No DeciJctible 10% $500 $1,500 Primary Care Physician Specialist Pre-Natal Physical Exam Benelil Chirq>ractic Services Laboratory Services Physical Therap( $15 $25 $15/$25 $15; $250 CYM $25; 26 visits CYM No Charge $25. $2500CYM $15 $25 $15/$25 $15; $25OCYM $25; 26 visits CYM No Charge $25; $2500 CYM I~ient Hospital Outpatient Hospital Emergency Room Physician Services Ambulance Oul lien! T $300 1 $600 1 $900 $100 1 $200 1 $300 $100 No Charge 10% 10%; $2500 CYM $000 $3)() $200 40% 10% 40%; $2500CYM $300 1 $600 I $000 $1001 $200 1$300 $100 No Charge 10% 10%; $2500 CYM Employee 64 $373.71 $477.68 $440.98 Employee + Spouse 27 $m.58 $988.79 $912.82 Employee + Child(ren) 16 $7Cf2.57 $898.Cf2 $829.03 Family 20 $1,186.53 $1,516.62 $1,400.11 Monthly Premium $79,775.82 $101,969.45 $94,135.54 Annual Premium $957,309.84 $1,223,633.44 $1,129,626.48 $ Increase N/A $266,323.60 $172,316.64 % Increase N/A 27.8% 18.0% $5 million 40% 40% 40% 40%; $250 CYM 40%; 26 visits CYM 40%; No Ded 40%; $25OOCYM $000 $300 $200 40% 10% 40%; $25OOCYM 20% after In Network Copay -""-.......""--..............--@ ~V! ~~ ENROLLMENT SUMMARY ~".i&=-"='''=:- COBRA COMPLIANCE (CHECK APPROPRIATE BOx) K?f. Our company employed 20 or more full and/or part-time employees. during the previous calendar year and is subject to fedc:nl COBRA. All full and )C(: part-time common law employees of an employer are considered in detennining COBRA compliance. All full time employees are counted as one employee and each part-time employee is counted all a fraction ofan employee. o Our company employed fewer than 20 full and/or part-time employees. during the previous calendar year and is subject to the Florida Health Insurance Coverage Continuation Act ("FHICCA "). All full and part-time common law employees of an employer are considered in detennining COBRA compliance. All full time employees are counted as one employee and each part-time employee is counted as a fraction of an employee. * For COBRA !lnd FHlCCA purposes, self-employed individuals, independent contractors and non-employee directors are not counted. MEDICARE SECONDARY PAYER COMPLIANCE (CHECK APPROPRIATE BOX) Multiple employer plan: a plan sponsored by more than one employer. MulIl-emp/oyer plan: a plan jointly sponsored by employers and unions. llyou are a single employer plan: Dyes 0 No Our company employed 20 or more employees** each working day in 20 or more calendar weeks (does not have to be consecutive weeks) during the current or preceding calendar year. 11 you are a single employer, multiple employer or a multi-employer pilln: o Yes D. No Our company employed 100 or more employees** on 50 percent or more of the business days during the preceding calendar year. If you are a multiple employer or a multi-employer plan: DYes 0 No All employers in our Group Health Plan (GHP) employed 20 or more employees** for 20 or more consecutive weeks in either the current or preceding calendar year. o Yes 0 No At least one of the employers in our GHP employed 20 or more employees" for 20 or more consecutive weeks in either the current or preceding calendar year. o Yes 0 No All employers in our GHP employed fewer than 20 employees** for 20 or more consecutive weeks in either the current or preceding calendar year. ** "Em 10 ees" includes all fuU and/or art time em 10 ee => => Total of A+B+C -> => 4 Minus D=> 1+2 Minus 3 => 5 Minus E => 6 Divided b 5 => Employers must have an application completed for all employees, even those who are not taking the health coverage, and submit those applications to Blue Cross and Blue Shield of Florida, Inc. and/or Health Options, Inc. It is recommended that the employer also retain a copy of all applications. I certify that the above information is correct to the best of my knowledge. I understand that this information will be used to determine my company's compliance with Blue Cross and Blue Shield of Florida, Inc. and/or Health Options, Inc. eligibility and Underwriting Guidelines, as well as the applicability of State and Federal laws relating to my company and plan. Blue Cross and Blue Shield of Florida, Inc. and/or Health Options, Inc. reserves the right to request a UCT-6 or other documentation as evidence of bus mess activity at anytime and from time to time in order to validate my compliance with eligibility and Underwriting Guidelines, as well as validate the applicability of State and Federal laws. Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete. or misleading information is guilty of a felony of the third degree. G3 . Group Officer's Signature Title Date 7823 S R (Rev 10(3) Blue Cross and Blue Shield 01 Florida, Inc. and Health Options, Inc. are Independent Ucensees ollhe Blue Cross and Blue Shield Association. City of Sebastian Dental Insurance RFP Evaluation Effective Date: October 1, 2006 SCHEDULE OF BENEFITS GEHR1NC1~gRQ!Il~ CURRENT . RENEWAL BlueCross BlueShield (FCl) BlueCross BlueShield (FCl) BlueDental ChoicePlus BlueDental ChoicePlus $1.000 $1,000 $50 $50 $50 $50 $150 $150 $150 $150 Yes Yes Yes Yes 100% 100% 100% 100% 80% 80% 80% 80% 50% 50% 50% 50% 50% 50% 50% 50% Calendar Year Maximum Deductibles Single Family Deductible Waived for Preventative Svcs Preventative Basic Major Orthodontia Out of Network Benefits Payable Level Waiting Period for Major Services Endodontics/Periodontics Payable Level Rate Guarantee 90% UCR 90% UCR None None Employee Employee + Spouse Employee + Child(ren) Family Monthly Premium Annual Premium $ Increase % Increase 64 27 16 20 Major 12 months $26.08 $52.33 $65.44 $90.94 $5,947.87 $71,374.44 N/A N/A $28.50 $57.18 $71.50 $99.36 $6,499.06 $77,988.72 $6,614.28 9.3% @ U:'clients\Sebaslian, City of\Employee Benefits'D80206. Sebastian Medical Dental Renewal Evaluation 2006-2007 JJi August 8, 2006 JEFFERSON PILOT FINANCIAL Jefferson Pilot Financial Insurance Company Benefit Partners 8801 Indian Hills Drive Omaha. NE 68114-4066 800-423-2765 City Of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Renewal Letter for Policy Number: 86-0052793 It is our sincere pleasure to provide City Of Sebastian with quality group products and services at a cost that delivers sound value. As part of our effort to ensure continuing quality products and service, each year we carefully review and analyze current benefit and rate structures to determine the appropriate premium levels to charge for continued group insurance protection for your valued employees. As part of our review and analysis, along with any adjustment to the underlying rate structure, your premium rates are as follows: Your Current Group Rates Your Newly Calculated Rates Effective on 10-01-2006 Employee Life AD&D $.330 $.040 $.330 $.040 per $1,000 of benefit per $1 ,000 of benefit per $1,000 of benefit per $1 ,000 of benefit Opt Life Opt AD&D .Age Banded Rates $.060 These rates are guaranteed for 24 months from the renewal date shown above. Your next renewal will take place 10-01-2008. This renewal letter will serve In place of a polley amendment reflecting this rate change. Please keep this renewal letter with your polley records. Thank you for the opportunity to be of service to City Of Sebastian. We appreciate your business and look forward to working with you in the future as we continue to meet your group insurance needs. If you have any questions, or if I can be of further assistance, please feel free to call me on our toll-free number: 1-800-423-2765. Sincerely, Michael Bragg Sr. Group Underwriter cc: The Gehring Group 11505 Fairchild Gardens #202 Palm Beach Gardens, FL 33410 cc: Jeff Eilers @ lIE JEFFERSON PILOT FINANCIAL Jefferson Pilot Financial Insurance Company Benefit Partners 8801 Indian Hills Drive Omaha, NE 68114-4066 800-423-2765 August 2, 2006 City Of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Renewal Letter for Policy Number: 86-0052794-00000 We have completed our renewal analysis for the above named client. It is our sincere pleasure to provide City Of Sebastian with quality group products and services at a cost that delivers sound value. As part of our effort to ensure continuing quality products and services, each year we carefully review and analyze current benefit and rate structures to determine the appropriate premium levels to charge for continued group insurance protection for your valued employees. The renewal process includes a recalculation of the premium rates to ref/ect the current plan features, nature of the industry and the composition of your group, including occupations, salaries, ages and gender of your participating employees. Plan utilization is not usually a factor in renewal calculations for groups of your size. The experience of groups of this size is not deemed "credible", therefore, their experience is pooled with other groups of similar size and composition. However, for your information, there is 1 open or pending L TO claim with a monthly benefit of $214. The current reserve established for this claim is $21,546. I hope you are pleased with the service from our claims department. We have completed our renewal analysis for City Of Sebastian's L TO policy. Your current premium rates appear sufficient to maintain the plan's sound financial basis, therefore, we are not requesting an increase in your current premium rates. Your Current Group Rates Your Newly Calculated Rates Effective on 10/01/2006 LTD payroll $.437 $.437 per $100 of covered These rates are guaranteed for 24 months from the renewal date shown above. Your next renewal will take place 10/01/2008. This renewal letter is intended to serve as a policy amendment and should be kept with your policy. @ Thank you for the opportunity to be of service to City Of Sebastian. We appreciate your business and look forward to working with you in the future as we continue to meet your group insurance needs. If you have any questions, or if I can be offurther assistance, please feel free to call me on our toll-free number: 800423-2765. Sincerely, Michael Bragg Sr Group Underwriter cc: The Gehring Group 11505 Fairchild Gardens #202 Palm Beach Gardens, FL 33410 cc: Jeff Eilers Jefferson Pilot Financial focuses on making life easier for you by doing business the way you want to do business - via the Web, telephone, IVR, e-mail and fax. We are committed to being there when you need usl Visit us on the web at www.iofic.com. B HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITIAL Subject: Contract for Workers' Compensation Agenda No. 0&,138 Insurance Program FY 06/07 . Department Origin: H Human Resources Dir: Finance DirectOl:: City Attorney: City Clerk: Submittal by: City Manager Date Submitted: August 16,2005 For Agenda of: August 23,2005 Exhibits: Exhibit A - Tabulation of Proposals EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: Included in 2006-2007 Proposed Annual Budget APPROPRIATION REQUIRED: N/A SUMMARY The Workers' Compensation Insurance contract for the City will expire at the end of this fiscal year. In accordance with purchasing procedures, a notice of.invitation - Request for Proposal (RFP) was distributed to the insurance firms that specialize in providing these services. Proposals received from (FMIT) Florida Municipal Insurance Trust (current insurance company) and Public Risk Insurance Agency was opened on August 141h, 2006. Shai Francis, Finance Director and Debra Krueger, Human Resources Director reviewed the proposals, and the summary of findings is attached for your review. Although both firms are qualified, FMIT submitted the best overall proposal with only a slight increase of $1,966 over last year's premium. The City can attribute this very slight increase to our proactive safety committee, and the safety conscious efforts of our employees. Our experiences with FMIT have been positive. FMIT has taken a firm stand against fraudulent claims and has been successful settling difficult claims. On difficult claims, FMIT assigns a nurse case manager to attend doctor's visits with the injured worker to ensure proper care is given with the focus on returning the employee back to work. Despite the fact that the number of workers' compensation claims continues to decline each year, we still have averaged approximately 13 claims per year over the last (3) years. Even though the premium of $240,520 for Option 1 is the highest, as can be seen by the attached analysis, based upon the average 13 claims, it is still be the best option. RECOMMENDED ACTION Move to award the Workers' Compensation Insurance contract (Option 1) to Florida Municipal Insurance Trust for one (1) year term. ~ @ E Q. :E g ~ ~ U) C) I- ..J 0 c( c( ~ co U) 0.. 0 o w 0 0.. 0 N OZZ' g: ~ ti LL :J "I"'" o u) I- Z ~ u) Q % S ~ Q :J t- ~ c( S cnz Ci m w Z c( 0.. Z t- :IE W o 0.. c( 0 0 t: ..J m en c( J: ~ u) >< w 0 w ~ 0.. ~ 0 o ~ ~ ~ - a:l I CU '- '5 ~: (JCU> > "" 'ii<(! ~ e .. e<(~ <( s.~ -_(IS (IS _- +:::J(J e"C"l cucu.... '0 w'!::o Q,,(IS In r- 'ii- << .e- ~ " .!:! .= CUe w~r &.:E ~ 2-21,- .. .- ~ -""w << 0 e u::- I"- fti - e cu'ti) ~ 2 """1- cu cu cu W>.. 00- g.CJ F """~ Q"l!w "" e cu_ ~ l! 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I ~r:~~~ig:s~g8tv E(J)gggoo~~NN 01 ~~~~"''''''' \ @ a1YOf HOME OF PELICAN ISLAN.D CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Contract for FY 2006/07 Property, Casualty & Liability Insurance Program Agenda No. O&.13Q bmittal by: City Manager \ . Finance Director: City Attorney: City Clerk: ~ Date Submitted: August 16, 2006 For Agenda of: August 23, 2006 Exhibits: Exhibit "A": Property, Casualty, and Liability Insurance Proposals Tabulation EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The City's Property, Casualty and Liability Insurance contract with Preferred Governmental Insurance Trust will expire at the end of this fiscal year. In accordance with Purchasing Procedures, a notice of invitation - Request for Proposal (RFP) was advertised soliciting proposals from firms that specialize in providing these services. Proposals received from Florida Municipal Insurance Trust and Public Risk Insurance Agency (Agent for the current insurance company) were opened on August 14,2006. A committee consisting of Ms. Shai Francis (Finance Director) and Ms. Debbie Krueger (Human Resources director) conducted an analysis of the proposals received, and determined that Public Risk Insurance Agency's proposal was the best overall. Since the premium difference between Option 1 and Option 2 is less than $15,000, staff recommends selecting Option 1 with lower deductible (same coverage as current policy) to reduce the City's exposure. The Property, Casualty, and Liability Insurance Proposal Tabulation worksheet is attached to this agenda as Exhibit "A". The proposed insurance premium for Option 1 from Public Risk Insurance Agency is $366,767. This amount represents a 152% increase from the current premium of ($145,548). The significant increase is due to increase in insured property value and current property insurance trend experienced in the State of Florida. RECOMMENDED ACTION Move to award the Property, Casualty and Liability Insurance contract to Preferred Governmental Insurance Trust in the amount of $366,767 for the FY 2006/07 Property, Casualty, and Liability Insurance Program and authorize staff to execute it. cB @ ~ E-- '"'" e3 == ~ ~ = o ~ C': - = .c C': E-- fJ} -; fJ} o ~ o '"' ~~ ... Cl.l '"' CJ o = IJ'l seo =~ ~ ~ C': = ~ ~'"'"~ ~.e-.... '5 ~ ~ tI:l C': = ~;:s< .e-"Cl ... = u C': .e; - C': = fJ} C': U .e; '"' Cl.l ~ o ~ Eo< !Zl N sa Z Eo< sa ~ Eo:l ~ ...::i ...c -< z e= sa p -< ~ o S 'VV),.....(V) 8 N 'r- r- ...... =~00."l.""". Os ~ ~ ~ ~ ..,~ ~ '"' ~ ..,0000 ;Sgggg 't v)'v)v),.....(.. =NNN~ ~~~~ .., ~ 8~~~~ =00<<1...... .= ,....; 0\ 00 ,.....(.. =N~<<1~ ~~ ~ ~ ..,gggg ;Soooo ~ oo"..,.-)~ ~'!""""4l'"'""lN-b17 ~~~~ .., ~ .., ~ .... 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N J:i J:i o 0 'P 'P p..p.. 00 00 00 00 .no r- <<1 ~~ ~ o o o o ...... ~ o o o o o ...... ~ ~ 's ~ ~ '" '" Q ...::i -< V) o C1\ 00 V) N ~ o o o .n N ~ V) o ~ 00 V) N ~ o o o .n N ~ 0) '0 Z <<1 C1\ <<1 N V) N ~ o o o .n N ~ <<1 C1\ <<1 N V) N ~ o o o V). N ~ B ~ 8 ~ o o o o ...... '1 = .S en = c:l ~ '" en Q ...::i -< , Q) 0) U g [J 0) ~ ~ () u u o ~ ~ 0) p..p.. bilO J:iO ;.a o. ~~ ::l~ .D<+-< .... 0 0) :~ ~ 'S '~ 's :0 CIl 'tl .9 -2'g "dE >,::l 1:: <I.l O)"d ?S!a l5.J:i ~ 0 ~ '.g ~ g 0)...... u ~ !a.e- ~ 8 <I.l J:i ~ ~ .9< tl '~ ~ ~: .gV) 'g ,~ fi::tii g~ .9 8 ~ !a ,S ~ ~ <I.l "d..El I) <+-< ~ o 0 i::Cl ~13 ~ t:: .;3~ ..El~ Q.i '0 Z @) ~ Eo< ~ = e ~ @ City of Sebastian, Florida OFFICE. OF THE CITY AITORNEY 1 :/ AGENDA TRANSMITTAL Agenda No. () (0. om Subject: Drainage blockages; Construction Ordinance 0-06-08 Date Submitted: 8/17/06 For Agenda of: 8/23/06 SUMMARY: Per direction of Council, the amendment to Code section 26-2 is resubmitted for consideration. The wording of the first sentence of the second paragraph has been slightly modified to clarify that action is triggered by an unreasonable obstruction and not just a total blockage, and that the contractor must initially restore the functional flow of water (it being realized that a total fix within four hours may not be possible) and deal with the rest within 24 hours. RECOMMENDED ACTION: Pass upon first reading and set adoption hearing for September 13, 2006 agenda. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: @) @ ORDINANCE NO. 0-06-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 26-2; BLOCKAGE OR UNREASONABLE OBSTRUCTION OF NATURAL FLOW' OF WATER PROHIBITED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, residential construction has continued to impact the drainage system of the City, with the flow of stormwater being obstructed by some of the practices employed at times by builders; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 26-2 of the Code a/Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 26-2. Blockage or unreasonable obstruction of natural flow of water prohibited. It shall be unlawful to block or unreasonably obstruct the natural flow of water or desig:ned drainage of water by any means, including construction, excavation, or fill of land. During: anv construction activitv involving: clearing: or filL the oerimeter of the oroperty shall be secured with a silt barrier meeting: the standards of the water manag:ement district for such devices. Uoon discovery of unreasonable obstructions to a public drainage facilitv during: construction. on the first such incident the contractor shall be g:iven notice to restore the functional flow of water within four hours or be g:iven a citation in the initial amount of $500. and an additional fine in said amount for each twentv- four hour oeriod thereafter until the obstruction is comoletelv remedied. Subseauent violations shall result in an immediate citation without warning: in accordance with this fine schedule. No building: code insnections will be oerformed on a orooertv found in violation of this section until it comes back into comoliance. Any structure, driveway, pipe excavation, or fill of land in violation of this section for more than fortv-eig:ht (48) hours mav be sftaU brought into compliance with this section bv the Citv. The costs thereof shall be chamed to both the contractor and owner and. if unoaid after three davs. shall constitute a lien uoon the orooertv eaual in dig:nitv to the lien for taxes. at tat) e';;Her's empease. Aooeals of anv such citation shall be made to the Construction Board and must be filed within fortv-eig:ht hours. The aooeal shall be limited to the factual issues g:oing: to the validitv of the violation or the existence of orior violations. @) g Failure to nav citations or liens imnosed under this section within three davs of issuance or if annealed. within three davs of resolution of such apnea" shall result in a work stoooa~e at the site where the offense occurred and further. no oermits shall be issued for work in the Citv to the oerson owin~ such amounts. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABll.,ITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council, except the silt barrier requirements shall not be enforced against active construction for the first thirty days of the effectiveness of the ordinance. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Council member Nathan McCollum Councilmember Andrea Coy Council member Sal Neglia Council member Al Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this ,2006. ATTEST: Sally A. Maio, MMC City Clerk day of CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney @ CJlYOF HOME OF PEUCAN rSLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Agenda No. 0(0, I O~I) Department Origin: Engineering Department He~ ~ Finance Director: City Attorney: City Clerk: Date Submitted: 17 August 2006 For Agenda of: 23 August 2006 Exhibits: One package of information including map, spreadsheets, and photos. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: FUNDING SOURCE: SUMMARY Attached per request of City Manager is a package of information regarding the City's sidewalk construction program. This package is to provide information to City Council as a basis for further discussion / determination of scope of work for the next phase of the program. Such determination will likely result in a bid package for the solicitation of bids in the coming weeks. RECOMMENDED ACTION Council review and discuss attached package of information further to determination of scope of work for the solicitation of bids for the next phase of the City's sidewalk construction program. 3NIl M/'d \ '\ j ) / / I A , J " --' i <( I :s \j) lfl [L o o o n , ~ u :r: f- W f- W n:: U z o u . ....; Z Or---- -z 1--0 Ui= w- (J)~ (J)8 (J) Ow 0:::::Q. uS (f) -.I <(z us -0 0..-0 >-'-.../ I-- N .--.. x ~ ~!. 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