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Home My WebLink About09272006 CTiY l.~ HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 27,2006 -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 1-6 7-25 06.146 27-36 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER COY 3. INVOCATION BY REVEREND ELLIE LEA, FIRST PRESBYTERIAN CHURCH OF SEBASTIAN 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS ANDIOR 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 A. Certificates Honoring Kathleen Kowanic and Family and Officer Tom Poore - Labor Day Sea Turtle Rescue Attempt 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 - 9/7/06 Special Meeting B. Approval of Minutes - 9/13/06 Regular Meeting C. Authorize the Purchase of One Chevrolet Trail Blazer 4x4 from Alan Jay Chevrolet, Inc. in the Amount of $26,916.00 for Police Dept. Boat Based on Florida Sheriff's State Contract #04-12-0823 (PD Transmittal, Bid Award Info) 06.147 37-40 D. Approve Marine Resource Council Brown Bag Lunch Educational Sessions at Riverview Park Pavilion on 9/26/06, 10/27/06, 11/24/06, 12/29/06, 1/26/07, 2/23/07 & 3/30/07 - Waive All Fee For Use of Pavilion (Parks Transmittal, Letter, Application) 8. COMMITTEE REPORTSIRECOMMENDATIONS 06.024 41-60 A. Construction Board - Four Positions (City Clerk Transmittal, Code, Applications, List, Ad) i. Interview Unless Waived, and Submit Nominations for the following: -Regular Member, Contractor Position to expire 9/30/09 -Regular Member, Contractor Position to expire 9/30/09 -Regular Member, Engineer/Architect Position to expire 9/30/09 -Regular Member, Plumber Position to expire 9/30/09 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. 06.148 06.149 61-75 06.085 77-83 12. 06.150 85-127 06.151 129-132 06.096 OLD BUSINESS A. Police Department Staffing (No Backup) B. Guy Cormier- Water Line Installation Lien Reduction Request (City Manager Transmittal & Miscellaneous) C. Sebastian Sharks Football Lease (September 13,2006 Backup) NEW BUSINESS A. Authorize Execution of Collective Bargaining Agreement Between the City of Sebastian & the Communication Workers of American, Local 3180 (HR Transmittal, Contract Changes) B. First Reading of Ordinance No. 0-06-19 - Adding Additional $200 to Council Expense Account - Set Public Hearing for October 11, 2006 (City Clerk Transmittal, 0-06-19) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, REGARDING COUNCIL EXPENSE AND CITY TRAVEL POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS A. Appoint Special Master 14. CITY MANAGER MATTERS 2 15. CITY CLERK MATTERS 06.152 133-134 A. Report - Adjustment of Duplication Costs for DVDs, CDs, VHS and Audiotapes (Memo) CITY COUNCIL MATTERS 16. 06.153 A. Ms. Coy B. Mr. Paternoster C. Mr. Neglia i. Indian River League of Cities D. Mr. McCollum E. Mayor Burkeen 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. Council ;:me) Scheduled for Live Broadcast on 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 MA Y NEED TO ENSURE THA T 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. Upcominq Meetinas: October 11, 2006 - 7:00 pm - Regular Council Meeting October 25, 2006 - 7:00 pm - Regular Council Meeting 3 HOME OF PELICAN ISLAND MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING THURSDAY, SEPTEMBER 7,2006 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA PURPOSE: FIRST PUBLIC HEARING AND TENTATIVE APPROVAL OF MILLAGE AND FY 2006-2007 BUDGET 1. Mayor Burkeen called the Special City Council Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Nathan McCollum 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 Finance Director, Shai Francis Police Chief, Jim Davis Human Resources Director, Debra Krueger Growth Management Manager, Rebecca Grohall MIS Systems Analyst, Barbara Brooke CD Special City Council Meeting September 7,2006 Page Two 4. 1st PUBLIC HEARING AND TENTATIVE ADOPTION - PROPOSED MILLAGE AND TENTATIVE FY 2006/2007 BUDGET 06.100a A. RESOLUTION NO. R-06-18 - Proposed MillaQe Rate for Calendar Year 2006- Final Public Hearing and Final Adoption Scheduled for September 20, 2006 (Finance Transmittal, DR 420 Certification of Taxable Value, R-06-18) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A PROPOSED MILLAGE RATE OF 3.0519 MILLS FOR THE CALENDAR YEAR 2006; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager stated that the budget presented tonight is as modified by Council at the August 16, 2006 budget workshop and that the millage proposed is at 3.0519 mills which is the rolled-back rate. Mr. Neglia suggested removing the reference to a mooring field in the amount of $20,000 from the capital improvements FY 2007 (page 137). The City Manager noted this is recreation impact fee funds and not ad valorem. Mr. Neglia asked about the Airport Manager position and the City Manager said an offer had been made with a starting rate of $61 ,000 and background checks were being conducted. Mr. Neglia suggested that reference be to "Historical Schoolhouse or City Hall" when referring to the project for the old city hall building. The City Attorney said there is a specific designation in the land marking and in the grant. In response to procedural questions, the City Attorney advised that the budget should be discussed first and once Council decides what changes should be made, it would then recompute the millage, adopt the proposed millage resolution and then adopt the tentative budget resolution. Ms. Coy asked if we are done with environmental issues relating to the Barber Street realignment project and the City Manager said we are not and Ms. Coy said perhaps this project could be held in abeyance. Ms. Coy asked why the "planner" cannot be referred to as "environmental planner" and the City Manager explained that part of the planning duties are separate from planning and will be partly funded from the Building Department. Ms. Coy asked where the "new park" would be and the City Manager noted this is for FY 2009 and has not been designated yet. Discussion took place on a proposed dog park and the City Manager suggested taking the $20,000 removed for a mooring field this year and designate it for a dog park. It was the consensus of Council to do this. (jJ 2 Special City Council - 151 Budget Hearing September 7,2006 Page Two Mr. Paternoster recommended budget amendments to the FY 2007 budget as set out in the City Manager's memo that was prepared and e-mailed to all Council members at Mr. Paternoster's request on Friday August 25,2006 (see e-mail and memo attached) and then detailed it for Council: He cited his reasons for this as a large number of construction permits, and increased population and no increases in the number of workers in the last several years. He said in speaking personally with the City Manager it is not a true statement that the level of service will not suffer. Mr. Paternoster said increases for 22 supervisors will amount to $1,517,500 and we need to allocate funding to bottom end employees who are asked to respond to citizen concerns and for which there are the same number as there were five years ago. Mr. Paternoster asked the City Manager if he would say that 3.05 mills provides for a strategically prudent budget. The City Manager responded that he provided a budget that responds to the desires of Council to decrease taxes, to continue services and to get more bang for the buck and that in the past two years we have done more for less money because growth has paid. The City Manager went on to state, however, if Council continues this process of hitting rolled back, there would eventually be a diminishing point of return, but that he currently was not receiving complaints about unmaintained parks and increased crime. He further stated 3.0519 mills is a strategic budget but there could be a better rate; and that he created this budget based on Council's desire to go to rolled-back rate, and would have not brought it here if he thought there was fiscally unsound or not prudent. He said that taxation is clearly legislative, but that Council will hear from them if he does not agree with something. He said in his professional opinion, we are not there yet but his comment comes with a warning that we need to be cautious. Mr. McCollum said it was unfair to put the City Manager on the spot with these questions and should be a discussion among all five members. The City Manager said if he had a vote on Council he would have added some other legislative policies but that it is his job to try to feel out from input and sources that he has a compromise to five people who have different ideas and goals. Mr. Paternoster said he was mistaken by thinking it was the City Manager's job to prepare a budget for City Council who then would make the determination from that point. He again said he would recommend a 3.43 millage rate in keeping with his recommendations for budget amendment. Mayor Burkeen commended the City Manager for bringing a fiscally responsible budget and reminded everyone that when you bring on additional personnel there is a 20 year commitment, and that mediation will be non-binding. (]) 3) ~ 3 Special City Council - 151 Budget Hearing September 7,2006 Page Four Carolyn Corum requested a motion by Council to put aside $50,000 this fiscal year for a dog park because there is currently a balance of $350,000 in recreational impact fees. She was advised that Council had put aside $20,000 this year for a dog park in place of a mooring field. Neil Lagin, School Crossing Guard, requested an increase in pay for Crossing Guards since they had not had an increase from their current $7.00 per hour. He cited Indian River County and Vero Beach salaries of $11.64 and $12.03. The City Manager said Crossing Guards are paid for three hours rather than the 2.5 hours they work. He said if Council wanted to increase up to $12.00 at their actual hours worked they would have to increase the budget by $12,000. The City Attorney advised that any changes be made in later motions. Eugene Wolff, Wimbrow Drive, recommended removing the $400,000 funded for Barber Street realignment because there is no hard data to show that it is necessary. The City Manager noted this is DST funds. Carolyn Corum agreed stating that if you straighten the road people will drive faster and hit scrub jays. MOTION by Mr. McCollum and SECOND by Ms. Coy to adopt Resolution No. 0-06-18 adopt the rolled back (proposed) millage. The City Manager stated this would be a millage rate of 3.0519. The City Attorney advised that whatever millage rate Council adopts, it will not be able to exceed it in the future for this year. Mr. Paternoster made a motion to amend the motion to recommend incorporating $12 per hour for crossing guards at their actual 2.5 hours ($19,000 additional in the budget per the City Manager calculation), a total of three new police officers, hire three new maintenance I workers, allocate 4% COLA and 3% step to CWA and exempt employees, return money to contingency so we don't have shortfall, put $230,000 back in stormwater for millage rate of 3.4301 plus for the crossing guards. He asked the City Manager why the salary for the Public Works Director was still in the budget and the City Manager said he had not brought someone on to date but it is best to plan for the position. Mr. Paternoster's motion to amend died for lack of a second. The City Manager corrected the proposed millage to cover Mr. Paternoster's recommendations and school crossing guard increases to 3.4428 mills. @ 4 Special City Council - 1 st Budget Hearing September 7,2006 Page Five The City Attorney advised that Council could change the budget at the next hearing, but it could not increase the millage once it votes on the proposed millage tonight and would have to find additional funding by cutting elsewhere in the budget. ROLL CALL vote on the motion to adopt Resolution No. R-06-18 passed 4-1 (Paternoster - nay) 06.100b B. RESOLUTION NO. R-06-19 - Fiscal Year 2006/2007 Tentative BudQet- Final Public Hearing and Final Adoption Scheduled for September 20, 2006 (Finance Transmittal, R-05-19, Schedule A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS OF THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "AU ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. McCollum thanked Council for what it did and though he agreed with Mr. Paternoster on some of what he said, he has not heard any complaints from residents that we need more Public Works employees. He said he fully agrees on the increase for crossing guards, and we can go through the budget and find the funding to fund the increases. He suggested rather than directing the City Manager just letting him come back with a recommendation. The City Manager said it will probably be okay with the crossing guard increases and recommended keeping it at $28,000. Mr. McCollum said it is good to give the citizens a break this year. The City Attorney advised that by consensus Council could direct the City Manager to adjust the budget accordingly. Mr. McCollum further recommended allocating the additional funds and changing the mooring field to pet park. Ms. Coy totally agreed with the two changes and hitting rolled-back is a major achievement. Mr. Paternoster said he does not agree whole-heartedly and we need maintenance people out on the steet, that rolled-back rate is great but should be done with a little more responsibility. He said he thought his was better. Mr. Neglia said we did the right thing here tonight, and we have negotiations coming up with the employees and they'll do fine. o 5 Special City Council - 1 sl Budget Hearing September 7, 2006 Page Six Mayor Burkeen said if we had an opportunity to pass along a rolled-back rate we should and it is a great accomplishment. Mr. Gilliams commended Council for getting a debate going and taking the time to go through the budget. He recommended against the planner position due to the fact that Planning and Zoning is considering cutting back their meetings, and the funding for that position could have been moved around to public safety and utility personnel. Judy Morrell, School Crossing Guard, thanked Council for the increase. On MOTION by Mr. McCollum and SECOND by Ms. Coy, Resolution No. R-06-19 was approved on a roll call vote of 5-0. 5. Being no further business, Mayor Burkeen adjourned the Special Meeting at 7:15 p.m. Approved at the September 27, 2006 Regular City Council Meeting. ATTEST: Brian Burkeen, Mayor Sally A. Maio, MMC - City Clerk (j) 6 HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 13, 2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Burkeen called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Mayor Burkeen. 3. There was a moment of silence. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Nathan McCollum 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 MIS Systems Analyst, Barbara Brooke 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) Mr. Neglia recommended deletion of Old Business item 11 C, the Sebastian Sharks agreement. On MOTION by Mr. McCollum, and SECOND by Mr. Neglia, the item was deleted from the agenda on a voice vote of 5-0. (j) Regular City Council Meeting September 13, 2006 Page Two 6. PROCLAMATIONS, ANNOUNCEMENTS. PRESENTATIONS - None 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. 1-7 A. 9-22 B. 23-34 C. 06.140 D. 35-40 06.141 41-45 Approval of Minutes - 8/16/06 Budget Workshop Approval of Minutes - 8/21/06 Special Meeting - Airport Business Plan Approval of Minutes - 8/23/06 Regular Meeting Craft Club of Sebastian Annual Shows 2006-2007 in Riverview Park- Approve Dates and Rain Dates as Requested and Charge 50% of Applicable Fees and Agreement Cooperate with City Staff for Parade and Santa Visit on 12/2 (Parks Transmittal, Application, Enzor Maggard Letter 8/21/06) E. Approve Developers Agreement for Gables (City Attorney Transmittal, Agreement) Ms. Coy removed item E. On MOTION by Ms. Coy, and SECOND by Mr. Paternoster, consent agenda items A through D were approved on a roll call vote of 5-0. Item E The City Attorney explained the provisions of the agreement and the calculations for the cost for the road resulting in $15,000 which will come to the City. On MOTION by Ms. Coy, and SECOND by Mr. Neglia, item E was approved on a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS @ None. 2 Regular City Council Meeting September 13, 2006 Page Two 9. PUBLIC HEARING 06.009 47-51 A. Second Readinq & Public Hearinq Ordinance NO.0-06-08 Construction Drainage Blockage (City Attorney Transmittal, 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 EFFECTIVE DATE. (ADVERTISED PRESS JOURNAL 9/6/06) Mayor Burkeen opened the public hearing at 7:05 p.m. The City Attorney read Ordinance No. 0-06-08 by title only and explained the amendments recommended at the first reading. The City Clerk noted that the agenda item title should be corrected to read 0-06-08 rather than 0-06-09 as in the agenda. Steve Buttles said $300 is too low and 24 hours is too long. Being no further business, Mayor Burkeen closed the hearing. Mr. Neglia said he was still concerned as to why the landowner would be liable for the costs if the City remedied the obstruction. The City Attorney said the only way to ensure the City is reimbursed for the work it does to correct a violation is to lien the property and that it will ultimately come out of the contractors' pockets. He further said once the costs are collected it is done and could come from either the owner or contractor. Mr. Paternoster requested clarification of "may be" rather than "shall be" regarding being brought into compliance. The City Attorney said if it is not vital and there is a lot going on it would be an operational decision by the City Manager however work stoppages would occur and fines would continue. Mr. McCollum said he appreciates Mr. Paternoster bringing this forward, and asked the City Attorney if there would be an additional $300 fine each day that the violation is not corrected and the City Attorney said there would be. He also responded that there are other codes and methods available to the City if a contractor continues working after a work stoppage is imposed. Mr. McCollum also expressed concern that if the City goes in to do work such as repair a swale and expend a lot of money and time the contractor would have the ability to appeal and the city could be held-up recovering the money. The City Attorney said the appeal is for the fines only, they would have to challenge the validity of the lien in the circuit court. Mayor Burkeen said he believes 24 hours is far too long and that the fine should be higher. He suggested 12 hours and a $ 500 fine. Mr. McCollum, Mr. Paternoster and Ms. Coy agreed with the amendments. The City Attorney said all provisions except the silt barrier would take effect immediately upon adoption; and the silt fences would have to be installed within thirty days. (if Regular City Council Meeting September 13, 2006 Page Four On MOTION by Mr. Paternoster and SECOND by Mr. McCollum, Ordinance No. 0-06- 08 was adopted with the changes to 12 hours and $500 fine on a roll call vote of 4-1 (Neglia - nay) 06.142 53 B. Hearinq of Appeal - Planninq and Zoninq Commission's July 25. 2006 Denial of a Site Plan for Paradise Marina and Resort Located at 1109 and 1034 Indian River Drive (City Attorney Transmittal. See Separate Packet for Rest of Backup )(ADVERTISED PRESS JOURNAL 8/30106) The City Attorney reiterated his procedural advice as set out in the agenda packet for this appeal hearing which is a hearing to decide whether or not the decision of the Planning and Zoning Commission was supported by the evidence presented to it; and for which there is to be no public input because Council is not to consider new facts. He said if there are questions as to procedures employed that would have to come up under separate matters. (see transmittal attached to the minutes - all other exhibits provided to City Council from Growth Management Staff for this hearing were submitted under separate cover and are scanned as a permanent record as an attachment to the September 13, 2006 City Council agenda packet in Laserfiche) Bruce Moia, representing the applicant, addressed City Council and read from and gave further details on his responses to staff concerns from a letter to City Council dated August 2, 2006 (which is identical in language to a letter dated July 12, 2006 which went to Planning and Zoning) which are attached to his appeal request letter to Growth Management Department also dated August 2, 2006, which is already in the record as stated above. He specifically commented on items ge, 9h, 9i (actually 9j), 91, 9m, 9n. The City Attorney asked Mr. Moia if he appealed the staff determination when staff said that a 25 foot radius was required and Mr. Moia said he did not. Mr. Moia continued to expound on his comments on 9n, 90, 9p, 9t, 9z, 12a, b, and c, 13 a and b, 14, 15d, e, j, I, m and p, 22, 23, 24, 25 and 27. He asked that Council accept the appeal. Attorney Richard Torpy, Mr. Gilliams' legal counsel, stated he knows that staff will rebut comments presented by the engineer and requested the ability to address issues relative to legal arguments on the process of the Planning and Zoning site plan hearing. Mayor Burkeen directed that what took place at P & Z is behind us, is being appealed tonight and that Council will render a decision tonight and does not need to hear his comments. Attorney Torpy said actually Council does need to hear them because what is before us tonight is the process of the quasi-judicial hearing before P & Z and whether it was held legally. CiJ 4 Regular City Council Meeting September 13, 2006 Page Five The City Attorney stated that the request is noted for the record and if Attorney Torpy wanted to appeal from this proceeding it is preserved. Attorney Torpy said if he is being denied the right to make a presentation on behalf of his client on issues he believed are legal and relevant to the proceeding, he would need to hear the basis in law for that decision, stating that an appeal allows not only the facts but also the process required by quasi-judicial procedures. In response to Mayor Burkeen, the City Attorney said that these claims would be the basis of a cert action in the circuit court; and that by ordinance this is purely an appeal on the record and it by no means limits his claims on procedural review and they are available for certiorari review on the common law cert. Attorney Torpy said he understands this but stated this is still part of your appellate process and he must exhaust his administrative remedies prior to bringing any issue for cert and if not raised here tonight he will hear about them later in the court. He said he had never attended a Council meeting at which he was not allowed to raise all issues he believes are relevant to the appeal. He further stated this is information relative to the record of the P & Z meeting, and that Mr. Stringer is aware of the issue he intends to discuss. City Council allowed Attorney Torpy's input. Attorney Torpy, Melbourne, Florida, introduced himself, explained his background, which included representation of many land development clients throughout Brevard County and several within the State of Florida, has served as Attorney and Assistant City Attorney for many local governments and served as the Assistant City Attorney for the City of Sebastian. Attorney Torpy then went on to cite the procedures that were used and questioned whether Planning and Zoning was given a fair opportunity to review the application based on his allegation that City staff were so biased that they advised at least one member of Planning and Zoning to vote the matter down without comment. He said while he agrees that it is permissible for staff to make recommendations to boards, in a quasi-judicial proceeding the board is acting as a court, that the staff report must be available to all for review, and quasi-judicial proceedings imply that the board listening will be open-minded and objective in their deliberation. He said staff got so engrossed in the decision he believed they crossed the line and made it impossible for P & Z to give a fair and impartial determination. He then read a notarized affidavit from James Morrison of the Planning and Zoning Board dated July 28, 2006 and placed it into the record (see exhibit attached to these minutes). Mr. Torpy said he had not uncovered any evidence that Mr. Oakes and Mr. Morrison have violated the sunshine law. He said Mr. Morrison was so upset by this that he came to Mr. Gilliams' office to fill out the affidavit, said the appearance of impropriety negates quasi- judicial procedures, and it undermines belief in the system. Q l~ 5 Regular City Council Meeting September 13, 2006 Page Six Attorney Torpy said this is not about whether your attorney can give you a well articulated legal case for upholding the staff's statements of your case, but whether your staff, before the applicant has the ability to present his case, has stepped into the arena of the judges and says don't listen just vote him down. He requested that Council grant the appeal, overturn the decision of the Planning and Zoning Commission, and approve the project or at least instruct the City Attorney and City Manager to formulate a process where it can be a fair and impartial hearing. He commended Mr. Morrison for coming forward with this. The City Attorney asked if there was any legal support for automatic granting an application as a remedy for violations of quasi-judicial procedures. Attorney Torpy asked the City Attorney if there is anything in the City code that allows such procedure, and said he thought if they granted the appeal the appropriate act would be to remand this back for an appropriate hearing, but the question is how do they do that with the nature of these allegations. The City Attorney asked if staff has made administrative determinations as to how a code is interpreted, isn't there a procedure to appeal that determination and Attorney Torpy responded that there are several different procedures under the City code. He said he has not seen any notice from staff relative to specific determinations in the file. Attorney Torpy provided the Affidavit from Mr. Morrison to the City Clerk, and then asked the City Attorney if he can cite any law where in a quasi-judicial proceeding staff is supposed to, out of the public, tell a board member how to vote. The City Attorney quoted a portion of the Affidavit as follows: "this is coming up for a special meeting, and please listen to the presentation, and not comment, but make sure you vote against it", and Attorney Torpy continued, "to make sure I vote it down to make sure Mr. Gilliam's project doesn't get site plan approval for Paradise Marina". The City Attorney then asked if Attorney Torpy believed this was "directing" Morrison on how to vote and was answered in the affirmative. The City Attorney then commented that this so cowered Mr. Morrison that he didn't bring it up at P & Z and then he voted against the site plan. Attorney Torpy said since the City Attorney's name is in the affidavit he did not intend to debate him and thanked Council for the opportunity to speak. The Growth Management Director gave staff presentation and cited the three separate actions denied by P & Z on July 26, 2006; 1) site plan approval; 2) conditional use approval; and 3) three waivers from the Riverfront Overlay District requirements; and additionally the applicant has requested nine variances from the Board of Adjustment. She said staff has reviewed this application several times since January 2003 and even before that with conceptual meetings. She said the issues where there are deficiencies can be divided into two groups minor and major, that minor issues are usually resolved and corrected but after @ 6 Regular City Councij Meeting September 13, 2006 Page Seven numerous meetings, many have not been resolved. She noted that all of the issues are set out in the staff report (included under separate cover and scanned as a permanent record as an attachment to the September 13, 2006 City Council agenda packet in Laserfiche), but summarized some of them as follows: incorrect calculations of building coverages, floor area calculations on architectural plans that do not reflect the calculations on the site plan, dumpster locations being on a primary waterfront vista, bull noses of the parking islands encroach into right-of-way, and exfiltration system concerns from engineering have not been addressed. She said a site plan this deficient should not be approved. She then summarized the major issues; calculation of floor area ratio overage, parking deficiencies in the amount of 46 spaces, 22 spaces back out over the sidewalk, no maneuvering area for cars backing up except for backup over the sidewalk, that a bar is not defined as an ancillary use for a hotel in the LDC, that parking spaces should be computed equal to the sum of the uses separately, substandard turning radius, traffic statement incorrect or incomplete, perimeter landscaping not provided, and design does not mitigate the removal of several specimen trees. She said in conclusion that staff believes development can be produced on this site that meets the Land Development Code and benefits the community, described the plan metaphorically as ten pounds of potatoes in a five pound sack. She then recommended that Council uphold the Planning and Zoning decision, which was denial of the site plan, conditional use and three waivers from the Riverfront Overlay District regulations. Mr. McCollum said there is a plan dated September 7, 2006 and wanted to know if it should be considered. Mr. Moia said it is merely a reproduction of the site plan with the new date of the reproduction and the City Attorney said he would not question Mr. Moia's integrity on this. Mayor Burkeen closed the public hearing. In response to Mr. Paternoster as to whether it would be appropriate for Council to continue, the City Attorney expressed his willingness to provide legal advice on that question unless he has been tainted by merely having lunch in a public place, since there is nothing in the affidavit that says he took part in the conversation, though he heard snatches of the conservation, and that there were more than these people listed in the affidavit at the table, noting it was a twelve foot table. He said the affidavit alleges staff saying please listen to the evidence presented, don't comment, vote it down so the site plan is not approved. He then advised that the basis of a quasi-judicial hearing is that it is judged fairly based upon the evidence that is presented to the board and there are no facts given to the board member under the claims of the affidavit. He said in a quasi-judicial action the board looks at the facts presented to them, applies them to the Code and make a determination, and there is nothing in the affidavit that gave him any facts. He said he personally did not hear the affiant being told not to comment, but merely asked that the application be voted down, noting staff has been asking them to vote it down in print for two or three years on the basis that staff did not feel it met the code. He advised if Council thought there was a process problem, he did not know if there @ 7 Regular City Council Meeting September 13, 2006 Page Eight was anything in the Code to provide for curing it. He said you are almost looking at some legal proceeding like appointing a new board or having a hearing yourself on it, however, if Council looks at the evidence and clearly determines it does not meet code provisions it could uphold the determination of Planning and Zoning. Mr. Paternoster asked if Council would compromise itself if it proceeded tonight based on these allegations. The City Attorney responded he did not know of any court where, if there were some procedural problem the applicant automatically gets approval, but rather the appeal body would still look at the evidence to see if it meets the standards of the law. Mr. Paternoster asked if there has been some compliance on the part of Mr. Gilliams and Ms. Grohall said there have been some but the major items outlined and some minor issues still need to be addressed. The City Attorney said there are items where they say they comply and staff says they don't, floor area ratio, backout parking and turning radius. He went on to describe the technical specifications for certain regulations for the benefit of Council as set out in the LDC. Attorney Torpy objected stating we are not supposed to be testifying, and it appears that the City Attorney is providing technical rather than legal advice. The City Attorney responded that part of his job description is to advise Council on interpretation of the Code. Mr. Paternoster said what you are saying is that there are ambiguities in the code and the City Attorney said there are ambiguities but may not be involving these exact provisions. Mr. Paternoster further asked if a regulation is left up to interpretation of an individual, then there is more than one avenue that can be used. The City Attorney said it states point blank that parking calculations are based upon the sum of all uses. Attorney Torpy again objected by saying that Mr. Moia states that this is a new issue not presented to the Planning and Zoning Commission. The City Attorney asked if he was arguing that quoting provisions of the code is introducing new evidence and said this issue is in fact in the Planning and Zoning transcript. Ms. Coy questioned whether there are other venues to address any improprieties that may or may not have occurred at Beef O'Brady's. The City Attorney responded that in his legal opinion, with a record on the appeal, if there are procedural arguments as to due process, those can still be raised during common certiorari action to the court, so the answer is yes. o 8 Regular City Council Meeting September 13, 2006 Page Nine Ms. Coy said she feels that we are now looking to make the final determination and can look at the submittals and staff's recommendations which were presented to Planning and Zoning and, whether Beef O'Brady's did or did not occur, Planning and Zoning's decision was based on this information. She said if she had never seen this before and looked at what was given to her, she would say it was proper for P & Z to deny the site plan and she would not approve of this plan either. She said Mr. Gilliams has known of her concerns for a long time, and now looking at it fresh, she would not approve the plan that she is looking at tonight. Mr. McCollum suggested that because of controversy brought tonight if the vote does not go in favor of the applicant, we might be tied up in court, that this item be tabled until Council can schedule its own quasi-judicial hearing for another date, we take the testimony and we make the decision. He said he did not want to see staff tied up with court as to whether this was a tainted vote. The City Attorney said the code provisions would allow the Council to hold a new hearing on this. Mr. McCollum said he has no doubt that this will go to court if turned down, and again recommended a new quasi hearing by Council, which will no longer be an appeal but will be a new quasi-judicial hearing by Council. Attorney Torpy said for the record Mr. Gilliams supports the decision for a new quasi- judicial hearing before Council, and they will waive any appellate issues they may have been able to raise with the Planning and Zoning quasi-judicial process issue. The City Attorney said the code says on these appeals you can approve, deny or consider modifications and, since it would not be proper to approve modifications without a quasi- judicial determination, he believes this allows Council to conduct a quasi-judicial hearing. Mayor Burkeen said he would have no problem with conducting a quasi-judicial hearing and disregard P & Z's determination. He said what he had a problem with is the allegations and whether they are true or not, and it warrants an investigation. Mr. Neglia said this has been going on for three years, he doesn't know if there have been any improprieties, and was inclined to agree with Mr. McCollum to bring it back to Council. He advised that some of the P & Z meetings are a joke and they make statements like "I don't even take Mr. Gilliams' phone calls anymore," and advised that this is not how people should be treated and no committee in the City should do it. He said he is not happy with this letter and improprieties which he hopes is not happening. MOTION by Mr. McCollum to discontinue the appeal tonight and advertise our own quasi- judicial hearing with the Council and the applicant for October 11. McCollum withdrew his motion for comments by Mr. Paternoster. @ 9 Regular City Council Meeting September 13, 2006 Page Ten Mr. Paternoster said he was in full support of this. The City Attorney said the comments about phone calls from Mr. Gilliams referred to solicitations that they were receiving from the applicant. He asked that part of the motion be that staff won't talk to you about this and they won't talk to you about this. The City Manager said that under the allegations presented tonight, they say it is a denial of due process procedure if you now talk to staff or applicant, now conversely you would be tainted, so it would only be fair that the only time we talk about this is at a public hearing and that means you can't come to our office and Mr. Gilliams can't come to you. Mayor Burkeen said this is duly noted. Mr. McCollum said he is not going to put a gag order on staff and we have our normal quasi-judicial rules that we follow, Council is an elected body. MOTION by Mr. McCollum to do a quasi-judicial hearing between the City Council and the applicant on our October 11 meeting and disregard the Planning and Zoning altogether and the data considered on October 11 will be what's been presented tonight. Mr. McCollum said the public will now be allowed to give input. Mayor Burkeen asked how full the October 11 th agenda was and the City Clerk responded that there the ten charter amendment ordinances set for public hearing so he suggested we might want to set this for a stand alone meeting. Mr. McCollum changed his motion to October 25th and Mr. Paternoster SECONDED it when it was determined there was nothing scheduled for that meeting so far. Voice Vote on the motion carried 5-0. Mayor Burkeen called recess at 8:35 pm and reconvened the meeting at 8:45 pm. All members were present. 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 Jayme Dyke, Sebastian, invited Council members to participate in "A Walk to Remember" to benefit Alzheimer-Parkinson Association of Indian River County on the "A Moment's Notice Health Care" Team on November 4, 2006 from 8:30 am to noon. Ms. Coy said if Council should choose to form a team she will assist or she would volunteer to help Ms. Dyke do something for her team. Regular City Council Meeting @ 10 September 13, 2006 Page Eleven Joe Scozzari, Sebastian, 1301 US 1, said he had a discussion with the City Manager whose concern was how did the City know Mr. S cozza ri would leave at the end of one year. The City Manager responded that if Mr. Scozzari did all of the things required he could stay there as long as he wants. Mr. S cozza ri said he received the run around for nine months regarding landscaping and the change of use to retail business. He submitted a list of requirements provided to him by Jan King. (See attached) Mr. Scozzari stated the City will not let him know what he needs to do next. Mr. Burkeen asked the City Manager the status, and the City Manager said staff has submitted comments to his engineer and once he meets the code requirements he is free to open his business. Mr. Scozzari asked where the change of use was. In response to the Mayor, the City Attorney stated a staff member who allowed the former leasee to operate illegally is no longer with the City and the lessee moved in improperly. Mr. Burkeen recommended Mr. Scozzari meet with his engineer. Willard Siebert asked when Council would hear input on the charter amendment ordinances and he was advised that they would hear input tonight and again at the public hearing. Robin Graves said she had presented a request for a dog park in 2003 and was happy that Council is now considering a dog park. She offered her assistance as a citizen and read some of her ideas for the park. 11. OLD BUSINESS 06.091 55-71 A. Indian River County Municipal League of Cities (IR League Memo 8/24/06, 9/18/06 Agenda. 6/21/06 COPO Minutes. Draft IRLC Charter and By-Laws) Mr. McCollum said he put this on the agenda to change his recommendation based on several issues that have come up and may be coming up in the future, and requested Council support for Mr. Neglia's request to join the Indian River League of Cities. Ms. Coy also expressed concern about the possibility of charter counties, but noted that there is also a proposal for a Treasure Coast League of Cities. Mr. McCollum said he would support an Indian River League rather than a Treasure Coast League at this time. MOTION by Mr. McCollum and SECOND by Ms. Coy to approve membership on the Indian River League of Cities with Mr. Neglia as the member. Mr. Neglia said everyone is invited to their meeting on September 18, 2006 including the City Manager. He also said if Council feels it does not want to join the Treasure Coast League he will let them know on the 18'h @ 11 Regular City Council Meeting September 13, 2006 Page Twelve Ms. Coy said she would support Indian River League at this time but not Treasure Coast. Mr. Paternoster agreed with Ms. Coy and said he was concerned about charter counties; and Mr. Burkeen agreed. Voice vote on the motion carried 5-0. Ms. Coy said all the Florida League of Cities classes they attended at the Jacksonville conference have been ordered on CD and are available to Council members. 06.008 73 B. Quarter Round Swale Proiect Update (City Manager Transmittal. Drawing Under Separate Cover) The City Manager presented the quarter round map and read off the areas proposed for installation. He said there is an RFP and conceptual schemes drawn up and ready to go when the City Attorney approves the package. He invited the public to contact the City Manager if they have any questions about the proposed plan. Mr. Paternoster said he would like a list of areas that get the most complaints but could get it tomorrow. Ms.Coy said she supports the project. The City Manager said the contract will come back to Council for approval. 06.085 75-81 C. Sebastian Football Lease (City Attorney Transmittal, Aqreement) Tabled. 12. NEW BUSINESS 06.062 83-87 A. First Reading Ordinance No. 0-06-09 Proposed Charter Amendment - Referendum #1 Re: Land Purchases Needinq Appraisals - Schedule Public Hearing for October 11. 2006 (City Clerk Transmittal for All Charter Ordinances. 0-06-09 ) @ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I, SECTION 1.02(1) OF THE CITY CHARTER; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 12 Regular City Council Meeting September 13, 2006 Page Thirteen The City Attorney read Ordinance No. 0-06-08 by title only. On MOTION by Mr. McCollum, and SECOND by Mr. Paternoster, Ordinance No. 0-06- 09 was passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. 89-91 B. First Readinq Ordinance No. 0-06-10 Proposed Charter Amendment Referendum #2 Re: Filling Vacancy for Vice Mayor - Schedule Public Hearinq for October 11. 2006 (0-06-1 0) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE 2.06 OF THE CITY CHARTER TO PROVIDE FOR FILLING VACANCIES IN THE OFFICES OF VICE-MAYOR; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-10 by title only. Willard Siebert asked if this provided for the filling a vacant mayor and vice-mayor seat and the City Attorney explained the vice-mayor would move up into the mayor's seat. On MOTION by McCollum, and SECOND by Ms. Coy, Ordinance No. 0-06-10 passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. 93-96 C. First Reading Ordinance No. 0-06-11 Proposed Charter Amendment Referendum #3 Re: November Elections - Schedule Public Hearinq for October 11, 2006 (0-06-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTIONS 2.03 AND 2.06 (a) and (c) OF THE CITY CHARTER TO CHANGE ELECTIONS TO NOVEMBER; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-11 by title only. The City Attorney offered an author's amendment explaining when this will begin to take place. The following will be added to the ordinance: Willard Siebert offered the City's issues may get lost on a state and federal ballot. @ 13 Regular City Council Meeting September 13, 2006 Page Fourteen The City Clerk, as the City's Supervisor of Elections, advised Council that the City would bear all of the election's costs every other year because it would be the only agency conducting an election in November in odd numbered years. On MOTION by Mr. McCollum, and SECOND by Mr. Neglia, Ordinance No. 0-06-11 passed on first reading and a public hearing was set for October 11, 2006with a roll call vote of 5-0. 97-99 D. First Reading Ordinance No. 0-06-12 Proposed Charter Amendment Referendum #4 Re: Increasinq Council Salaries - Schedule Public Hearinq for October 11, 2006 (0-06-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 2.05 OF THE CITY CHARTER TO INCREASE COUNCIL SALARIES; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-12 by title only. The City Attorney pointed out that because a cost of living adjustment is included, it will be the last time Council will have to increase their salary. Maureen Cummings read a letter she has sent to the Press Journal supporting and justifying a Council increase based on the time Council's puts in. Willard Siebert recommended approval of the salary increase. MOTION by Ms. Coy, and SECOND by Mr. Paternoster, Ordinance No. 0-06-12 passed on the first reading. Mr. McCollum said he thinks this is a bad time to give Council an increase based on what is being offered to staff, but said his position is that we should keep everybody in the City consistent with expenses such as travel reimbursements, etc. He recommended that Council be given a car allowance. Mr. Neglia said he would like to see the amounts dropped to $600, $700 and $800. Ms. Coy said the only way she could agree with Mr. McCollum's recommendation to keep things consistent is if the Council salaries had kept consistent with other staff but it has been unchanged since the last charter. Mr. McCollum said he would support amounts that the Council would currently be making if the salary kept up with the cost of living. @ 14 Regular City Council Meeting September 13, 2006 Page Fifteen The Ordinance passed on first reading with a roll call vote of 3-2 and a public hearing was set for October 11, 2006 (Mr. McCollum, Mr. Neglia - nay) 101-103 E. First Readinq Ordinance No. 0-06-13 Proposed Charter Amendment Referendum #5 Re: Notice and Time for Special Council Meetings - Schedule Public Hearinq for October 11, 2006 (0-06-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 2.12(a) OF THE CITY CHARTER CONCERNING TIME AND NOTICE REQUIREMENTS FOR SPECIAL MEETINGS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read Ordinance No. 0-06-13 by title only. Mr. McCollum expressed concern about emergency situations and the City Attorney read the exemption for emergency issues. Mr. McCollum said he was concerned as to the definition of emergency issues and the City Attorney said we could add "or the Mayor" or "if a public emergency exists". On MOTION by Mr. McCollum, and SECOND by Ms. Coy, Ordinance No. 0-06-13 passed on first reading as amended to strike "as defined under Florida law" and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. 105-107 F. First Readinq Ordinance No. 0-06-14 Proposed Charter Amendment Referendum #6 Re: 3.01 Amendinq Charter Officer Provisions to Comply with Council-Manaqer Form of Government - Schedule Public Hearing for October 11.2006 (0-06-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.01 OF THE CITY CHARTER TO REMOVE CONFLICTS WITH THE COUNCIL/MANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-14 by title only. On MOTION by Mr. McCollum, and SECOND by Mr. Neglia, Ordinance No. 0-06-14 passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. @ 15 109-112 113-115 @ Regular City Council Meeting September 13, 2006 Page Sixteen G. First Reading Ordinance No. 0-06-15 Proposed Charter Amendment Referendum #7 Re: 3.06. 3.07 and 3.08 Amending Police Department References to Comply with Council-Manager Form of Government - Schedule Public Hearinq for October 11, 2006 (0-06-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.06 AND DELETE SECTION 3.07 AND 3.08 OF THE CITY CHARTER TO PROVIDE FOR A LAW ENFORCEMENT AGENCY BUT RESOLVING CONFLICTS WITH COUNCIL/MANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-15 by title only. On MOTION by Mr. Paternoster and SECOND by Ms. Coy, Ordinance No. 0-06-15 was amended from Law Enforcement to Police Department and passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. H. First Reading Ordinance No. 0-06-16 Proposed Charter Amendment Referendum #8 Re: 3.09 Amendinq City Attorney Provisions to Comply with Council-Manaqer Form of Government - Schedule Public Hearing for October 11.2006 (0-06-16) AN ORDINANCE OF THE CITY OF SEBASTIAN. FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.09 OF THE CITY CHARTER TO REMOVE PROVISIONS IN CONFLICT WITH CHARTER OFFICER AUTHORITY OF CITY ATTORNEY; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-16 by title only. On MOTION by Mr. McCollum, and SECOND by Mr. Neglia, Ordinance No. 0-06-16 passed on first reading and a public hearing was set for October 11, 2006 with a roll calf vote of 5-0. 16 Regular City Council Meeting September 13, 2006 Page Seventeen 117-120 I. First Reading Ordinance No. 0-06-17 Proposed Charter Amendment Referendum #9 Re: Calling Elections - Schedule Public Hearing for October 11. 2006 (0-06-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO DELETE SECTIONS 4.05, 4.10 AND 4.11 AND AMEND SECTIONS 4.02 AND 4.07 OF ARTICLE IV OF THE CITY CHARTER TO COMPLY WITH STATE ELECTIONS LAW; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-17 by title only. On MOTION by Mr. McCollum, and SECOND by Mr. Neglia, Ordinance No. 0-06-17 passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. 121-123 J. First Readinq Ordinance No. 0-06-18 Proposed Charter Amendment Referendum #10 Re: Charter Review Committee (0-06-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 5.03 OF THE CITY CHARTER TO SHORTEN THE CHARTER REVIEW CYCLE FROM SEVEN TO FIVE YEARS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-18 by title only. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Ordinance No. 0-06-18 passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. Ms. Coy asked if this was new and what other municipalities do and the Clerk replied she did not know about other cities but this was in response to the Charter Committee. 06.120 125-128 K. Bellsouth Easement (City Attorney Transmittal, Revised Agreement) On MOTION by Ms. Coy and SECOND by Mr. Paternoster, the Bellsouth Easement was approved on a roll call vote of 5-0. @ 17 Regular City Council Meeting September 13, 2006 Page Eighteen 13. CITY ATTORNEY MATTERS The City Attorney stated to get public business done, one is sometimes accused of not telling the whole story or the truth, he hoped the public realized the truth. 14. CITY MANAGER MATTERS 06.143 129-130 A. Airport Facility Leasinq (City Manager Transmittal) The City Manager introduced Joe Griffin, the new Airport Director. He then went on to discuss his recommendation on the new airport administration facility and the idea of relocating the Engineering Department to the main City Hall building and leasing out the additional office space in the new airport building. Mayor Burkeen said he had discussions with the City Manager about this and asked for Council's input, though he said it is the City Manager's authority to house his departments as he deems appropriate. Ms.Coy agreed with the idea. Mr. Paternoster agreed, but asked since we received grant funding, would leases have to be for the betterment of aviation. The City Attorney said this is a joint fund between the airport and the general fund and as long as there is a reasonable divvying of the funds FAA should be alright with it. The City Manager said the general fund would take entire ownership of the building and pay the airport fund back for the land lease, and the monies would come back to the general fund. He said there has been some interest already and we can do an RFP. Mayor Burkeen advised that a motion is needed to extend the meeting. On a MOTION by Mr. Neglia and a SECOND by Mayor Burkeen, the meeting was extended until 11 :00 p.m. with a roll call vote of 4-1. (McCollum - nay) On MOTION by Mr. McCollum and SECOND by Ms. Coy, the City Manager was directed to prepare a RFP to lease out Engineering Dept. space in the new building on a roll call of 5-0. 15. CITY CLERK MATTERS None. @J 18 Regular City Council Meeting September 13, 2006 Page Nineteen 16. CITY COUNCIL MATTERS A. Mayor Burkeen None. B. Ms. COY Offered kudos for the new splash pad and suggested we need a bike rack there. C. Mr. Paternoster Mr. Paternoster described how Kathleen Quanick and family tried save a 50 lb. sea turtle with officer Poore's assistance. Chris Vann, Sea Turtle Rescue from Indian River Shores was able to take it to Juno Beach but the turtle did not make it through the night. He read a note from Ms. Quanick. He asked for a certificate of appreciation for the family. D. Mr. Neglia Mr. Neglia asked if there could be a gate installed on the splash pad; commended Shai Francis for her award for budget preparation which will be forthcoming in about eight weeks; and reported that someone e-mailed us to call us hypocrites for not giving City employees a raise which he says is not a true statement and says this City has one of the best employee packages citing examples. E. Mr. McCollum None. 17. Being no further business, Mayor Burkeen adjourned the Regular Meeting at 10:40 p.m. @ 19 @ CI'lYOF '. HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITIAL Subject: Agenda No. O(P.14~ al by: City Manager Department Origin: Police Dept. Finance Director: City Attorney: City Clerk: Date Submitted: 09/19/06 For Agenda of: 09/27/06 Exhibits: FSA Bid Awards 04-12-0823 Rollover, pages 44-54 EXPENDITURE REQillRED: $26,916.00 AMOUNT BUDGETED: $34,000.00 APPROPRIATION REQillRED: None SUMMARY The police department is requesting to purchase one Marine Unit vehicle as approved in this years budgeting process. The vehicle will be used as a marked Marine Unit as well as a marked patrol unit should the need arise. The current Marine Unit vehicle, a 2003 Crown Victoria will be assigned to the patrol division. Price quotes are from the Florida Sheriff s Association Bid Award # 04-12-0823 State Wide Bid for the year 2005/2006 new vehicles. There will be other associated vehicle costs for graphics and radio after delivery. RECOMMENDED ACTION Move to authorize the purchase of one Chevrolet Trail Blazer 4x4 from Alan Jay Chevrolet, Inc. under the Florida Sheriff's State Contract # 04-12-0823 in the amount of $26,916.00. @ @ .-ilLPN 'RYAuiomotlve Network' Call Us rl1'st, [or all o[ your Fleet Automotive, & Light Truck needs. PHONE~O~AL4NJAyp5~~2~ 2003 U.S. 27 South Sebring, FL 33870 863-402-4234 WWW.ALANJAY.COM P.O. BOX 9200 Sebring, FL 33871-9200 863-381-3411 Fax 863-402-4221 QUICK QUOTE SHEET FOR VEHICLES FROM STATE CONTRACT & FLORIDA SHERIFF'S ASSOCIATION BID DATE I .t of I ~ 8-Aug-06 PAGE REQUESTING AGENCY: CONTACT PERSON: PHONE NUMBER: FAX NUMBER: CITY OF SEBASTIAN PETE SOCCI 772-589-1295 772-589-6880 L T GREG WITT 772-473-2400 772-388-1872 MODEL: State Bid # 070-001-05-1 http:(/www.myfloridamarketplace.com 2005 MODEL YEAR FSA BID # 04-12-0823 http://Www.f1sheriffs.org CT16506 SPECIFICATION # 16 2006 CHEVY TRAILBLAZER 4X4 BASE DISTRICT PRICE: $21,314.00 OPTION # LH6 8108 S88 9U72800 CSP90 UY7 IDB DESCRIPTION 5.3L VB GAS ENGINE SETINA 10S CAGE SETINA 8S CAGE WHELEN LIBERTY LED PKG RED/BLUE 90 WATT 4 CORNER STROBES TRAILER WIRING AND DRAW BAR CLASS III RECEIVER LOCKING REAR DIFFERENTIAL COST $1,250.00 $596.00 $476.00 $2,795.00 $415.00 $70.00 G80 INCL WHITE EXTERIOR DARK INTERIOR TOTAL OF OPTIONS: EXTENDED WARRANTY: TOTAL COST: $5,602.00 $0.00 $26,916.00 I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes please feer free to contact me at any time, I wi/{ be happy to assist you. Comments: ALAN JAY CHEVROLET CADILLAC, INC. FEIO #65-0211404 ALAN JAY PONTIAC BUICK GMC, INC. FEIO # 59-3533028 ALAN JAY IMPORTS, INC. O/B/A ALAN JAY TOYOTA FEIO # 59-3533026 ALAN JAY CHRYSLER PLYMOUTH JEEP, fNC. FEIO # 65-0558530 VEHICLE QUOTED BY: Chris Wilson, Fleet Manager 863-402-4234 "I Want to be Your Freet Provider" Direct Connect 158*41460*14 chris.wilson@alaniay.com QUOTE 8HEET SEBASTIAN PD GREG WITT @) FA~ FLORIDA \SS-OCL\TION OF COUNTIES - All Ab<>ut Florida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES &: FLORIDA FIRE CHIEFS' ASSOCIATION 2006 CHEVROLET TRAIL BLAZER Specification :# 16 (Mid Size Utility, 4 x 4) The Chevrolet Trail Blazer (CT15506) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone. ZONE: BASE PRICE: Western $21,449.00 Northern $21,329.00 Central $21,314.00 Southern $21,329.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identifY and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. S1mply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. LEGEND FOR DELETE/ADD OPTIONS Ev~ry 1ln~will r~qulr~ a DOLLAR VALUE or on~ of th~ following abbreviations: Std. : manufactur~r'sstandard~qulp. Incl. : Included with bas~ specs. NC : no additional charg~ NA : not appllcabl~ to th~ v~hicl~ : option not bid by vendor Bid Award Announcement (04-12-0823 ROLLOVER) 289 @ VEHICLE: DEALER: ZONE: BASE PRICE: Trail Blazer Alan Jay Chev. Western $21,449.00 Trail Blazer Alan Jay Chev. Northern $21,329.00 Trail Blazer Alan Jay Chev. Central $21,314.00 Trail Blazer Alan Jay Chev. Southern $21,329.00 Order Code Delete Options Western Northern Central Southern K34 ABS brakes Power windows Power door locks Speed control Tilt steering wheel Limited slip differential on 4-wheel drive $ NA NA NA 180.00 NA NA Order Code Add Options All Zones LH6 Engine: 5.3L Variable Displacement V8 gas (requires option CT15806) $ 1,500.00 AM/FM radio with single CD Std. Factory external engine oil cooler NA Battery, 650 CCA or greater NA Heavy duty rubber floor mat replaces carpeting NA Rear window washer/wiper with intennittent feature Std. C49 Rear window defogger $ 200.00 V76 Tow hooks $ 40.00 Outside tire carrier NA 3K Third key $ 40.00 AUO Remote keyless entry $ 175.00 BVE Running boards $ 375.00 ISB/RYJ Cargo area cover $ 1,255.00 AJl Privacy glass (factory installed) $ 80.00 RS Rainshields $ 95.00 UY7 /DB Heavy duty towing package includes HD class III receiver with 2" ball $ 70.00 1SB Manufacturer's model upgrade pkg. (please specifY pkg. bid) $ 1,225.00 BUA Backup alarm $ 95.00 BUC Back up camera with 3.5" LCD (rear mounted camera to provide wide $ 499.00 angle field of vision at rear of vehicle ASF Side air bags $ 495.00 CT15806 Third row seat $ 2.270.00 Daytime running lights Std. Fog lamps NA Spotlight, mounted through door pillar post on left side of vehicle NA 5RDL 5" round dome lamp between sunvisors $ 65.00 Roof Mounted Lightbar Whelen Ultra SlROBE/LED Package: $ 2,628.00 (Red/Blue Version) 9U72800 - Ultra Bar with 12 Strobes; 9UALY - 1 Pair Alley Lights; 9UTD2 - 1 Pair Take Down Lights; 9UDFFLRB - Two Duplex LED Front Flashers Red/Blue; 9UDRFLAA- Two Duplex LED Rear Flashers Amber/Amber; MK* - Strap Kit; BL627 - Siren Amplifier MPC01 - Siren/Light Controller; SA314P - Speaker; SABKT* - Speaker Bracket SWGBKT - Swing Bracket (Option) $ 89.00 Note: Bar has two front and two rear LED flashers. 290 Bid Award Announcement (04-12-0823 ROILOVER) @ VEHICLE: DEALER: ZONE: BASE PRICE: Order Code Trail Blazer Alan Jay Chev. Western $21,449.00 Trail Blazer Alan Jay Chev. Northern $21,329.00 Trail Blazer Alan Jay Chev. Central $21,314.00 Add Options (coni'd) Roof Mounted LightbarWhelen Ultra STROBE/LED Package: (Blue Version) 9U72800 - Ultra Bar with 12 Strobes; 9UALY - 1 Pair Alley Lights; 9UTD2 - 1 Pair Take Down Lights; 9UDFFLBB - Two Duplex LED Front Flashers Blue/Blue; 9UDRFLBB - Two Duplex LED Rear Flashers Blue/Blue; MK* - Strap Kit; BL627 - Siren Amplifier; MPC01- Siren/Light Controller; SA314P- Speaker; SABKT* - Speaker Bracket SWGBKT - Swing Bracket (Option) Note.: Bar has two front and two rear LED flashers. Roof Mounted Lightbar Whelen LFL LED /S1ROBE Package: (Red/Blue Version) LS148000 - 4 Strobe Base Bar; LSALY- Pair Alley Lights; LSTD2 - 1 Pair Take Down Lights; LSRFLAA - 1 Pair Rear Amber LED Flashers; LSRFLBB - 1 Pair Rear Blue LED Flashers; LSRFLRR - 1 Pair Rear Red LED Flashers; LSFFLRB - 1 Pair Front Red/Blue LED Flashers; MK* - Strap Kit; BL627 - Siren Amplifier; BlA05 - Flasher MPCO 1 - Siren/Light Controller; SA314P - Speaker; SABKT* - Speaker Bracket SWGBKT - Swing Bracket (Option) Note: Bars have three pairs of rear LED flashers, one pair of front LED flashers. Roof Mounted Lightbar Whelen LFL LED /S1ROBE Package: (Blue Version) LS148000 - 4 Strobe Base Bar; LSALY - 1 Pair Alley Lights; LSTD2 - 1 Pair Take Down Lights; LSRFLAA - 1 Pair Rear Amber LED Flashers; LSRFLBB - 2 Pair Rear Blue LED Flashers LSFFLBB - 1 Pair Front Blue LED Flashers; MK* - Strap Kit; BL627- Siren Amplifier; BIA05 - Flasher MPCO 1 - Siren/Light Controller; SA314P - Speaker; SABKT* - Speaker Bracket SWGBKT - Swing Bracket (Option) Note: Bars have three pairs of rear LED flashers, one pair of front LED flashers. Whe1en S1ROBE Package: 9M288000 - 8 Base Strobes; 9MALY - 1 Pair Alley Lights; 9MH2CC - 1 Pair Take Down Lights with Flash Feature TA9M06S - Additional 6 Strobe Module with Traffic AdvisorfWarning Mode; MK* - Strap Kit; 295HFSA6 - Siren/Light Controller; SA314P - Speaker; SABKT* - Speaker Bracket Note: Bar has 14 Strobes total. Whe1en LIBERIY LED Package: (Red/Blue Version) SL8RBRB - Liberty Bar with 2 Red/2 Blue LED's; SLD18100 - 1 Red. 8 Blue, 1 Amber, Additional LED's; SLH2CC - 2 Flashing Halogen Take Down Lights; SL2ALY - 2 Halogen Alley Lights; MK* - Strap Kit; 295HFSA6 - Siren/Light Controller; SA314P - Speaker; SABKT* - Speaker Bracket Note: Above Bars have total of 14 LED's Whelen LIBERlY LED Package: (Blue Version) SL8BBBB - Liberty Bar with 4 Blue LED's; SLD18100 - 1 Red, 8 Blue, 1 Amber. Additional LED's; SLH2CC - 2 Flashing Halogen Take Down Lights; SL2ALY - 2 Bid Award Announcement (04-12-0823 ROLLOVER) @ Trail Blazer Alan Jay Chev. Southern $21.329.00 All Zones $ 2,781.00 $ 89.00 $ 2,691.00 $ 89.00 $ 2.691.00 $ 89.00 $ 2.231.00 $ 2.966.00 $ 2.966.00 291 VEHICLE: DEALER: ZONE: BASE PRICE: Order Code 292 Trail Blazer Alan Jay Chev. Westem $21,449.00 Trail Blazer Alan Jay Chev. Northern $21,329.00 Trail Blazer Alan Jay Chev. Central $21,314.00 Add Options (coni'd) Halogen Alley Lights; MK* - Strap Kit; 295HFSA6 - Siren/Light Controller; SA314P - Speaker; SABKT* - Speaker Bracket Note: Above Bars have total of 14 LED's Roof Mounted Lightbar, Federal ARGENT S1ROBE/LED Package: Red/Blue VersiDn) 4 GEN I LED's - (2 Red/2 Blue); 4 GEN III LED's - (2 Red/2 Blue); 2 GEN III LED's - (Amber); 2 Intersection Comer Strobes; 2 Directional Strobes; 2 Take Down Lights; 2 Alley Lights; Mounting Kit; Dynamax Speaker with Bracket; UTMD Delta Siren/Light Controller with PA/Microphone Options /Upgrades: Upgrade to Smartsiren Siren/Light Controller with Microphone & Extension cable Upgrade to 6 LED Signalmaster to rear (deletes the 2 Amber LED's in std. Models above), requires Smartsiren Upgrade. Halogen Intersection sweep lights (delete comer and directional strobes) Roof Mounted Lightbar, Federal ARGENT S1ROBE/LED Package: (Blue VersiDn) 4 GEN I LED's - (All Blue); 4 GEN III LED's - (All Blue); 2 GEN III LED's - (Amber); 2 Intersection Comer Strobes; 2 Directional Strobes; 2 Take Down Lights; 2 Alley Lights; Mounting Kit; Dynamax speaker with Bracket; UTMD Delta Siren/Light Controller with PAl Microphone Options/Upgrades: Upgrade to Smartsiren Siren/Light Controller with Microphone & Extension cable Upgrade to 6 LED Signalmaster to rear deletes the 2 Amber LED's in std. Models above), requires Smartsiren Upgrade. Halogen Intersection sweep lights (delete comer and directional strobes) VISTA STROBE Package: Any Lens Colors) 8 Strobes; 1 Traffic Clearing Light in Center; 2 Intersection Sweep Lights; 2 Alley Lights; 2 Take Down Lights; 2 Rear Halogen Flashing Lights; Mounting Kit; Dynamax Speaker with Bracket; UTMD Delta Siren/Light Controller with PA/Microphone Options/Upgrades: Upgrade to Smartsiren Siren/Light Controller with Microphone & Extension Cable Upgrade to 6 Lamp Halogen Signalmaster to rear (requires Smartsiren option) Upgrade to 6 Lamp LED Signalmaster (requires Smartsiren option) ALL LIGlIT STREETHAWK Package: (Any Lens Colors) 5 Halogen Rotators; 2 Alley Lights; 2 Take Down Lights; 2 Front Halogen Flashers; 4 Rear Halogen Flashers; Mounting Kit; Dynamax Speaker with Bracket UTMD Delta Siren/Light Controller with PA/Microphone Options/Upgrades: Upgrade to Smartsiren Siren/Light Controller with Microphone & Extension Cable Trail Blazer Alan Jay Chev. Southem $21,329.00 All Zones $ 2,693.00 $ 507.00 $ 243.00 $ 200.00 $ 2,856.00 $ 507.00 $ 243.00 $ 200.00 $ 2,560.00 $ 507.00 NA NA $ 2,065.00 $ 507.00 Bid Award Announcement (04-12-0823 ROLLOVER) @ VEHICLE: DEALER: ZONE: BASE PRICE: Trail Blazer Alan Jay Chev. Western $21,449.00 Trail Blazer Alan Jay Chev. Northern $21,329.00 Trail Blazer Alan Jay Chev. Central $21,314.00 Trail Blazer Alan Jay Chev. Southern $21,329.00 Order Code Add Options (coni'd) All Zones Roof Mounted Lightbar, CODE 3 JAVELIN STROBE/LED Package: $ 2,773.00 (Red/Blue VersiDn) 6 GEN III LED's (2 Red/2 Blue); 2GEN III LED's (Amber); 4 Strobes (2 Front/2 Rear); 2 Take Down Lights; 2 Alley Lights; Mounting Kit; 3892L6 Siren/Light Controller with PA/Microphone; Compact Speaker with Mounting Bracket Options /Upgrades: Upgrade to 8 GEN Ill's LED's (4 Red/4 Blue) $ 326.00 Upgrade to RLS Siren/Light Controller PA $ 251.00 Upgrade to 6 Lamp LED Arrowstick. Both above Arrowstick $. 658.00 upgrades require RLS upgrade to include Arrowstick Controller; (See Below) Upgrade to RLS Siren/Light/PAl Arrowstick Controller $ 411.00 Roof Mounted Lightbar, CODE 3 JAVELIN STROBE/LED Package: $ 2,781.00 (Blue VersiDn) 6 GEN III LED's (All Blue); 2 GEN III LED's (Amber); 4 Strobes (2 Front/2 Rear) 2 Take Down Lights; 2 Alley Lights; Mounting Kit; 3892L6 Siren/Light Controller with PA/Microphone; Compact Speaker with Mounting Bracket Options /Upgrades: Upgrade to 8 GEN Ill's Blue LED's $ 326.00 Upgrade to RLS Siren/Light Controller PA $ 251.00 Upgrade to 6 Lamp LED Arrowstick. Both above Arrowstick upgrades $ 658.00 require RLS upgrade to include Arrowstick Controller; (See Below) Upgrade to RLS Siren/Light/PAl Arrowstick Controller $ 411.00 CODE 3 60 STROBE/HALOGEN/LED Package: (Any Lens Color) 3 $ 2,852.00 Halogen Rotators; 4 Directional Strobes (2 Front/2 Rear); 2 Intersection Sweep Lights; 2 GEN III Amber LED's to rear; 2 Alley Lights; 2 Takedown Lights; Mounting Kit; 3892L6 Siren/Light Controller with PA/Microphone; Compact Speaker with Mounting Bracket Options/Upgrades: Upgrade Rear LED's to Red/Blue (1 Red/l Blue) $ 299.00 Upgrade Rear LED's to Blue/Blue (2 Blue) $ 299.00 Upgrade to RLS Siren/Light Controller with PA/Microphone $ 226.00 EXCALIBUR STROBE Package: 8 Strobes; 2 Intersection Sweep Lights; $ 2,351.00 2 Rear Halogen Flashers; 2 Take Down Lights; 2 Alley Lights; Mounting Kit; 3892L6 Siren/Light Controller withPA/Microphone; Compact Speaker with Mounting Bracket Options /Upgrades: Upgrade to 2 Rear LED's (1 Red/l Blue) delete halogen $ 255.00 Upgrade to 2 Rear LED's (2 Blue) $ 306.00 Upgrade to RLS Siren/Light Controller with PA/Microphone $ 232.00 Upgrade to 6 Lamp Halogen Arrowstick w/std controller $ 290.00 Upgrade to 6 Lamp LED Arrowstick w/std controller $ 638.00 Upgrade to RLS Siren & Light Controller/PA. & Arrowstick Controller $ 203.00 (deletes std Arrowstick Controller) SlOC Setina 10C Lexan cage with sliding window/center grate and full lower $ 589.00 extension panel Bid Award Announcement (04-12-0823 ROU-OVER) 293 ~0 VEHICLE: DEALER: ZONE: BASE PRICE: Trail Blazer Alan Jay Chev. Western $21,449.00 Trail Blazer Alan Jay Chev. Northern $21,329.00 Trail Blazer Alan Jay Chev. Central $21,314.00 Trail Blazer Alan Jay Chev. Southern $21,329.00 Order Code Add Options (cont'd) All Zones S10S Selina IOS Lexan cage with sliding window with full lower extension panel $ 596.00 SBS Selina BS Lexan cage with 1/2lexan and 1/2 expanded metal with $ 476.00 full lower extension panel P2214 Pro Gard P2214 Polycarb cage, center sliding window, wI grate and $ 512.00 full lower extension panel P2200 Pro Gard P2200 Polycab cage, passenger sliding window w lfulllower $ 507.00 extension panel P2212 Pro Gard P2212 Polycarb cage, 1/21exan, 1/2 expanded metal $ 492.00 GS Grill strobes lWhelen, Federal or approved equivalent) $ 375.00 LED-GS LED grill flashing lights lWhelen, Federal or approved equivalent) $ 325.00 RVS Rear view mirror strobes lWhelen, Federal or approved equivalent) $ 475.00 LED- RVS LED rear view mirror flashing lights lWhelen, Federal or approved $ 560.00 equivalent) RMS Roof-mount single amber strobe beacon lWhelen, Federal or approved $ 285.00 equivalent) RMD Roof-mount dual amber strobe beacon lWhelen, Federal or approve NA equivalent) 4C-S 4 comer strobe amber bar lWhelen. Federal or approved equivalent) $ 560.00 4C-LED 4 comer LED amber bar (Whelen, Federal or approved equivalent) $ 866.00 CSP60 Comer Strobe Kits - Whelen Kit with 4 clear tubes, 6 outlet CSP 60w $ 395.00 power supply, 2-15' cables. 2-30' cables CSP90 Comer Strobe Kits - Whelen Kit with 4 clear tubes. 6 outlet CSP 90w $ 415.00 power supply, 2-15' cables, 2-30' cables SPS6J Comer Strobe Kits - Federal Kit with 4 clear tubes, 6 outlet SPS6J power $ 545.00 supply, 2-15' cables. 2-30' cables RICH Comer Strobe Kits - Federal Kit with 4 clear tubes, 6 outlet RICHOCHET $ 610.00 power supply, 2-15' cables, 2-30' cables NEB Comer Strobe Kits - Soundoff Kit with 4 clear tubes. 6 outlet, 60w Nebula $ 425.00 power supply, 2-15', 2-30' cables GEM Comer Strobe Kits - Soundoff Kit with 4 clear tubes, 6 outlet, IIOw $ 534.00 Gemini power supply, 2-15', 2-30' cables PB100A12 Selina PBI00A12 - 12" Aluminum Push Bumper $ 330.00 PBlOOA16 Setlna PBI00A16 - 16" Aluminum Push Bumper $ 345.00 PB300 Selina PB300 Push Bumper $ 355.00 MSPB Manik. Series Push Bumpers $ 335.00 FHL2 Federal FHL2 headlight flasher $ 139.00 FA5 Federal FA5 heCl-dlight flasher $ 146.00 UHF2150A Whelen UHF2150A headlight flasher $ 125.00 UHF2150B Whelen UHF2150B headlight flasher $ 140.00 SSF2150 Whelen SSF2150 headlight flasher $ 130.00 SOR Sound off Roadrunner headlight flasher wI amp connectors $ 135.00 SOP Soundoff Powerpulse headlight flasher wI amp connectors $ 140.00 V-3731 American Aluminum SUVault Security Storage Unit 37"Wx31 "LxI2"H, NA one drawer, partitioned. Fully carpeted and key lockable. 294 Bid. Award Announcement (04-12-0823 ROILOVER) @ VEHICLE: DEALER: ZONE: BASE PRICE: Trail Blazer Alan Jay Chev. Western $21,449.00 Trail Blazer Alan Jay Chev. Northern $21,329.00 Trail Blazer Alan Jay Chev. Central $21,314.00 Order Code Add Options (cont'd) Trail Blazer Alan Jay Chev. Southern $21,329.00 All Zones E/Z RIDER E/Z Rider K-9 Container. All aluminum In-Vehicle (rear seat area) $ 1,630.00 K-9 Container to protect the public, officer, K-9, and vehicle. Please specify vehicle year, make and model. Call for installation, shipping, and/or delivery prices. R.E.S.C.U.E. R.E.S.C.U.E. Electronic Remote Rear Door Opening system to be used with the E/Z Rider K-9 Container. Allows the officer to release the K-9 from the vehicle from a remote position. COOL-G CooIGuard Heat Alarm System to be used in a K-9 vehicle. Warns officer when dangerously high temperatures are inside the vehicle. DSM Complete set of shop manuals ONLY VALUE 5175 Manufacturer's Extended Base Care Warranty ($0 deductible) See Page 1050 MAJOR 5175 Manufacturer's Extended Extra Care Warranty ($0 deductible) BASIC 5175 Manufacturer's Extended Power Train Warranty ($0 deductible) $ 625.00 $ 575.00 $ 200.00 $ 915.00 $ 1,130.00 $ 605.00 Bid Award Announcement (04-12-0823 ROLLOVER) 295 @ arror )::a ~f.:'I~'::l'il1_'W~rU$ it, '~.l.. )~ ^ {r.'$.;Ji) ~!3."'a[9 ~ HOl\1E Of PtUC~ IS1.A.NO CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Fee Waiver for Marine Resource Council's Brown Bag Lunch Educational Sessions at Riverview Park Agenda No. O{D, 14 7 ubmittal by: City Manager Department Origin: ~~~~ Finance Direct':'t- City Attorney:. ~ City Clerk: ./. Date Submitted: 9/19/06 For Agenda of: 9/27/06 Exhibits: Letter from Marine Resource Council & Park Use Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A None APPROPRIATION REQUIRED: None SUMMARY The Marine Resource Council is seeking Council approval to waive all fees for use ofRiverview Park Pavilion for their Brown Bag Lunch Educational session. The attached letter outlines some of the programs the Marine Resource Council offers. The Marine Resource Council is a great organization that also offers these programs at Fisherman's Landing in Grant. The sessions will be one Friday a month from 11:45 AM to 1 :00 PM. The dates required are September 29, 2006, October 27,2006, November 24,2006, December 29,2006, January 26,2007, February 23,2007 and March 30,2007. RECOMMENDED ACTION Move to waive all fees for use of the Riverview Park Pavilion for Marine Resource Council Brown Bag Lunch educational sessions. Move to approve Marine Resource Council Brown Bag Lunch Educational Sessions at Riverview Park Pavilion on 9/29/06, 10/27/06, 11/24/06, 12/29/06, 1/26/07,2/23/07 & 3/30/07. (jj) (ji) ~ ~~;r:: \ I '. _........ __' \,. '" r , ._j~.~L..i,"-~' '-------",.. \"", r" ~', ,'~ ~---~........_~...- : \.~.' ; : :'"\. ',\ ...,./ ~ .........~. ~. ".; -, ~,. ~= 327,SDIXIE HWY. Nt, PALM l:\/W. ':l 32~\O.:i VOICE 1321) 77..5.7775 fN<. en I! 725.3:>54 FMAII.. GOI.indl@mrdrl,org WEBsr~:: mrcirLofg '~f' Foxt ;"m'idu To whom it may concern, Marine Resources Council is a non-profit organization that is involved in programs such as mangrove restoration, irradiation of Brazilian peppers. right whale monitoring, public and g(Wemment workshops, public education programs, water quality monitoring and gteenway projects. The purpose of renting Riverview Park Pavilion in Sebastian is to provide fun and informative presentations that are free to the public. They are called the Brc)wn Bag Lunch lectures and will be herd on at f1lIOon on the following Fridays September 29. October 27 November 24. December 29. January 26. Februanj 23, and March 30. Thank you. Jessica Carey Education Coordinator Marine Resources Council 321-725-7775 cQuncil@mrcilr.or'g ~ @ art QIf SI.~TIAN ~~\.~~ HOMt Of rtL,iCA1'4 '-5l.AND 1225 Moin Stre~t. Sebastian, Fl 32958 T~l~phQne (772)~89-S)3a - Fax (71l)S8~-S57e I C [TV OF SEIJAsrIAN PARK use PER/fir APPLJCAfION , ~k ~EDt - SO to 3tlD Attll\1tll,MlS l----.l ': S50.oo Appliution/J'llrmit Ji"j:t ?\ease Chl:ck. tne apprr;lpriate BOlli: b' ~"Eft:-J.I""M'.rej\tt$flclt:e!l $100.00 A.ppJ~:ltioJ) 11'". Date: '1/f.JJ(r)(/) . \IIame of Permittl'c; ..J!.'S~$.(A., Ca.(e.~ ~.r..tt~ ~11' OIo\y bt Hsu.1l1n 'rl'" fi_ or an Nlu\t ~r ~ 1;.\Iy I'I'C1n1zC<l Q'1l,1"hat'atl .o.ddro:sS: 3"7 1-) IJi 'X1'L-lit1lY ':Nf:.--~--PtI I Ii! ~~ I r.;L~lClo~ KaH lnt Addrlt55 '62 1"S':'7)\.)\./~ 1-f-~ufl\J;; \"(-AD-YlA ~~._ FC '2~"?~().) I ..... r re t p."hoi'le ~ 37 J - '1 2'S' - "1-:r :15_1 Name 01 OrcaniZ1.ltion or GrO$Il:~ m(jYrflt.. ~.p.5o:.rU?\ CO~X)t .d Rea~on for use: p'<Z)Ll"o'n._J.lo.~ (-{.;o..C.~p 1:\ -..----. ~eOu{l..tlKl DatetS)~,* 2-'\ 0)',1-1..'1 \\p~ '2.L1j ~t-.2.:it-Jo..l'\ Zv Feb.z,3;!'Y1,o....,d... 3C J ,f Rain Date: lime of use: FrQIIl:J {./S-~1tv... TO:~.r (.:;(10\.._ ,\ W11\ ther~ be any sale of gOOdS? Ye~ If yes. plea5e descriQe type of good$ on b3Ck. fQor:1 or oth~r types of vendors? vcs I ~o /' If yel1o. pleas~ list .\:11\\11', dddre~~ ~nd'tYp.;.~endors and 'S.:hematic of ony sUucture5 to be erected Qr Qthr:r',,\~e 'as~elJlbhd or. Q~~lt:' ...>e~l(j;;.. CC\I'"~ "1.- . I ~~ {" ~r::.; the undersigneo, :lC:lCMwlf::dge that 1 'am thl.! ap~icint' or ('he alJ.uori ~ed lsellt of t.ne <lppl icaot. I furtl1er a,kno.,tedge th~t I am aware of t~e provis,ons ot the City of Seb~st1an to4e$ in respect to tiliS, (l\)l)lic:atioi'l and tne \l~e of thl!\ City hcl1it1l!'S for '.hiell I have al)p11ed ~ar a permit to aUow d pdrk Ev~nt 1>(" i) Special Event. I halfe made mp;~lf l'ailn'l.iar with the general r\Jlc'1 and regUlatiOns p,..scribed by t/1e CIty ana agree to thl! terms of the flel"'IllH. I ~o ./ ....... art l( e Use 0 rJ \ Y . 'cd.f'~~:~ plicant/Agent S1gra~e r~lmlt rce f'lI'O_o ~l~ t.1li~5'.""- HOME Of PEUCAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Construction Board One Expired, Regular Member, Contractor One Expired, Regular Member, Contractor One Expire Regular Member, Engineer/Architect On Expi . Regular Member, Plumber Agenda No. [)(P. D J if Department o~. . _City Clerk~ City Attorney: ~ City Clerk: Date Submitted: 9/17/06 : City Manager For Agenda of: 9/27/06 code, application, board member list, ad EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY There are four positions set to expire September 30th. Incumbents, Frank Garland and Chad Widup have expressed interest in serving again. They are eligible to do so. Current alternate member, Shawn Hosey, is interested in moving up to a regular member position. RECOMMENDED ACTION Interview, unless waived and submit nominations for one of the following positions: Regular Member, Contractor Position, to expire 9/30/2009 Regular Member, Contractor Position, to expire 9/30/2009 Regular Member, Engineer/Architect Position to expire 9/30/2009 Regular Member, Plumber Position to expire 9/30/2009 @ @ BUILDINGS AND BUILDING REGULATIONS ~ 26-191 certified or who holds a certificate of competency issued by the board pursuant to this article who has committed multiple violations of this article when such contractor has been disciplined for each of such violations by the board and when each disciplinary action has involved revocation or suspension of the state certification by the department or has involved revocation or suspension of the certificate of competency issued by the board pursuant to this article, the imposition of an administrative fine of at least $1,000.00 or probation. Further- more, the board shall be empowered to issue permits with specific conditions designed to protect the public health, safety and general welfare to a state certified contractor or a contractor who holds a certificate of competency issued by the board pursuant to this article who, within the previous 12 months, has had final action taken against him by the department, or by the board when the board has reported such disciplinary action against the contractor to the department where the contractor has engaged in the business or acted in the capacity of a contractor without a license. (g) In addition to the penalties that may be imposed and other remedies that may be available to the city which are provided for elsewhere in this section, the board shall be empowered to restrain any violation of this article by filing the appropriate action in a court of competent jurisdiction for injunctive relief. (h) Any aggrieved party, including the board, may appeal a final administrative order of the board to the circuit court for the county. Such an appeal shall not be an appeal de novo but shall be limited to appellate review of the record created before the board. An appeal shall be filed within 30 days of the execution of the order to be appealed. (Code 1980, ~ 7-106) Sec. 26-176. Savings clause. n is the intent of the city that the provisions of this article be construed as being consistent with the inherent municipal powers of the city and supplemental to, and consistent with, the provisions ofF.s. ch. 489 (1989), as amended from time to time. However, it is the intent of the city to reserve the power to regulate state certified contractors to the extent not inconsistent with the laws of the state, as amended from time to time. (Code 1980, ~ 7-107) Sees. 26-177-26-190. Reserved. DIVISION 2. CONSTRUCTION BOARD* Sec. 26-191. Membership; terms; filling of vacancies. (a) The city construction board shall be composed of seven members and, as far as practical, shall consist of two certified contractors (residential, building, genera!), one electrical contractor, one heating and ventilation contractor, one architect or engineer, one plumbing contractor, and one concerned citizen. The city council may also appoint one or two alternate * *Cross reference-Boards, commission and committees, 9 2-166 et seq. Supp. No. 14 CD26;35 @ ~ 26-191 SEBASTIAN CODE members who shall serve as necessary to assemble a maximum of seven voting members of the board. It is preferred that the alternate members consist of one certified contractor and one concerned citizen. All members and alternate members shall be appointed by the city council, pursuant to section 2-170 ofthis Code. (b) To be eligible for appointment, except as otherwise provided in this section, each contractor member shall be actively engaged in construction in the city, [or] have an established business in the city limits. (c) Each member of the board shall hold a valid certificate issued by the board or the state in addition to having the qualifications required in subsection (b) of this section, excepting the one concerned citizen member. If any member of the board, at any time during his term, no longer possesses the required qualifications such member shall be automatically suspended for 30 days; then, unless qualified within 30 days, shall be replaced. (d) Of the regular members appointed to the board: (1) Two members shall be appointed for an initial term of one year; (2) Three members shall be appointed for an initial term of two years; and (3) Two members shall be appointed for an initial term of three years. Thereafter all appointments shall be made for a term of three years. All terms of office shall expire on September 30 of the last year of the term. (e) Each alternate member shall be appointed for a term of three years. CD Any member may be reappointed, subject to the limitations set forth in subsection (d) of this section. (Code 1980, ~ 7-92(aHd); Ord. No. 0-91-24, ~~ 1, 2, 9-25-91; Ord. No. 0-97-57, ~ 4, 9-25-97) Sec. 26-192. Meetings; quorum; officers; rules and regulations; budget. (a) The board shall meet regularly as the need presents itself. Four members of the board shall constitute a quorum. A majority of the members present shall be required to act. (b) The board shall elect officers from its membership. Whenever possible, the person selected as the chairperson and vice-chairperson of the board shall have served two years as a regular member of the board and shall have attended at least 90 percent of the meetings of the board in which such member was not otherwise excused from attending by the individual serving as the chairperson of the board at such meetings. (c) The board is authorized to adopt rules and regulations to carry out provisions of this article. The board may from time to time change, alter or amend the rules and regulations adopted. (d) Special meetings of the board may be held as the board provides in its rules and regulations. @) Supp. No. 14 CD26:36 9-/9--0(, ----I oO{ ;/ f i //1 / I II ~ kj it/C;Yri Cf 011 sf/'ud/ON /Jr/C/f"/Jeu'e/Tct/'y , ""-'\T"Rrr ~. SEP.J... 9 ?OU6 ..... " .......~ ,,~-, ~-.---,.- -----. j r/'C/IJ/t .f rId)?/( )I, 6Iar/aP?/c7/t: (OIVS fr<<vt1(7'l !fOtl,y.( C14/r)4l411 ~ v/sj h /'e'/'lfCl/)Z vf/l He=- L OflS+f'U-c~/oyV ~()tcr~( _L tAVt?~s-fafl/ r;!i/5 "V'ucc-"/c/ ,be' fCrT' t? H/''Ce. y.e4/'. kr'/>-'l, 4<ZJ' K yo~( fcV' }-tC/r; o//,O,^h'UI! Iy . /' .~ //' ~;' /Jy I v bpvPC~//I' @ @ RECEIVED CITY OF SEBASTIAN OFFICE OF CITY CLERK ,000 OCT 27 lfl>L~d5nON TO SERVE ON CITY BOARD/COMMn rEF; (All City Board and Committee Members Must be Residents of the City of Sebastian) . NAME: E-MAIL: BUSINESS: M , BUSINESS ADDRESS: 5 ~ Se 3~7..rr BUSINESS PHONE:3J'Y -S d-c70 BUSINESS FAX:3S' t -I~JSE-MAU..: ARE YOU A REGISTERED VOTER? e5 VOTER REG. NO. '( tl-;2. ~ 5 HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? Itf ..-. 'e~.s ~O YOU CURRENTLy HOLD ANY PUBUC OFFICE? ;t/ 0 DO YOU PRESENTLY SERVE ON ANY OrnER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? jV 0 PLEASE CHECK THE BOARDS ON WIllCH YOU ARE INTEREsTED IN SERVING IN ORDER OF PREFERENCE WITI:I FlRST CHOICE BEING #1: BOARD OF ADJUSTMENT CHARTER REVIEW CO:MMITTEE (serves only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD .>( CONSTRUCTION BOARD HANDICAPPED SELF-EV ALVA TION COMMITTEE PLANNING AND ZONING COMMISSION POUCE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREEAD~SORYBOARD OTHER TEMPORARY COMMITTEE (WRITE IN COlvIMITTEE NAME) @ APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume ifnecessary) f/.'r5 (~ /&-~r:..t ; v~ 7.IZC- ~ / / ~ /~ .- t(;..'....... -- s' Y ~ 7--- I't.' ks ur--/U7 ;(e __/t-.r5~''-c /-1<. y-et<!.~'y. c..JCL"""'r;.~ il.€ /4----- i!'1u....~t(. c--Ias.s <€'...5# /r.ce /r"....'f ~ I">€ ....- IS- F' ~ r' J Co", r'ce..s REASONS FOR WANTING TO SERVE ON BOARD OR COMMITIEE: J;- ~ceffer S<e1/v-e (/hf ~ Se~~ ft~f/L LIST ANY ADDmONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: lJ1as fer P/u#t- b!.J~ tic :tr /?r 00 6b '611 shcf{? S.e~iI~ {}€Mi: J-/c, F 00- ()t'J~ ),c. 't- ,',;t.su..V'...."t' ~ 6o:<..Sr(q. e.;J-'!:f HA VB YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? #0 I HA VB YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? /VO- WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE'? )/ cr-. I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or ommission of information requested in this . application is cause for disqualification. Subscribed before me this e2f-1l day of ()~ i..:2fJoo , by who is personally known to me, or has. produced as identification. "'-;;'!;'~~"" Sally A. Maio /!!"A.....~;-= MY COMMISSION # CC748491 EXPIRES ;.,,' :..E October 5, 2002 ~;;,.... .i;~~ 80NDED THRU TROY FAIN INSURANCl; INC. .~.lJrllf,\ ~. . \wp-fonn\applicatwpd ~ rev. 4/5/99 Kathy NaePi From: Sent: To: Subject: Chad Widup [cwidup@hotmail.com] Friday, July 14, 20067:52 AM knappi@cityofsebastian.org Construction Board Dear Council Members I, Chad Widup, do hereby request that my appoinment to the City of Sebastian Construction Board be renewed. I have enjoyed my time on the board and have enjoyed sevring the Citizen's of Sebastian. I look forward to several more years of sevrces. Sincerly Chad Widup 1 @ _I @ i\( LiVED Clrytf Ie. SE STt}~f\J (yF GITY oL.~, i< . * tc Jl. JIll.. ^ma~~~. ~%~~v~~~~ -f "" ""~ ~"'...." '" ,'" ::;......1", ,__',.,. ;,UUO ~JiiN 17 nr111 LI R HOME.OF PEU~NISlAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: c.... 71.- S .e.~o. ~ HOME PHONE: ;7;).- ("fs- HOME FAX: BUSINESS: fl/h BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: HOW LONG? Z N1tJ I ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? V~5 DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? .N" DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? A) 0 PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) I CODE ENFORCEMENT BOARD (permanent board - meets once a month)* ;l.. CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board - meets quarterly) ! PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) 1..1 TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) * Filing of financial disclosure is required following appointment @ APPLICABLE EDUCATION ANDIOR EXPERIENCE: (a brief resume is required) pIt u to Ste +ko( Cl.}\c.c.i~J.. r.,~",w.f.. I bu...r ,,,, ~"-,""IV\Ar~, "I cll'Y"- 0. Ltups.,,,J. F-"~j,~t'fr w,~ Go. rf)C'A'!>i.,r~ t).~t"l't. e.fJJ. 1'7 ~...u~ ,'" +k ~ofV~+n...(.h~ -f'I''t../d. HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? W,'.Jk n '4to.."'~ trJ ~ (!61V'!l-!-r"",--h.'o,,", .t"tlJ.. co",J. k_II.-:"';) IWUf~-tJ kr .....tot. DO 7 ."J. Cf... 4. ('c.I~+r4.c..h.,..::& k.$lft.. .. u"h'~"", I/i'tw d#- -tl<- "fJ'J...'St,~.:t Nr-t,""o.&J/i.~+ bu~ P~(~H ,,+TNt... ,f-.,r- ",.,J /..dW k (oolv"e ~o( J.r.fttr"lJt~S .J.v #e. bt'sr b -t ,"'t....j. /'11- ... Il -'" I'.L"'" ~l#... . '.Nt! (,J u~J. . LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: J..l4i~'~~ ,)UI/4J. tJf'/ StlNr~l cU7n(/Quh J....n~'3 t"~ t"'~/"'Ik.,,./t-,,,,,'-./1... tl.t~ I :t e..\,.'t~J~ /....v-t. 4tV lAlVJU ~ 1-4f1/e!/;"5 o.f.- & r~" f>t;).,,~,~'.J..~ tIo",J lATorll. ,,#ud- rt'f\t..UoJ.. HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? fJo HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? Nv WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~'!. S. I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or com~f0 if re~uested. Applicant Signature 4 Subscribed and sworn to before me this J 7-tL day of -:rc.lJ\Ab.n~ 'Z..Oor, by c'r-.c:c\ ~\c\l....Yp who is Ce.ersonally known to mD or has produced as identification. . I............ .... .... .......................5 . _ ~."~'~~II", KRISTINA L. MORRIS \ L - ~~ ~ ~~~% CC)ffimisslon # 000134621 Notary Public, State 'o-rFlorida ~i E:;:-'Ires 7/1612008 ,er,r.;,~ LGnded Ihrough Please return to Office of the City Clerki~~~~f.t.': 8 - (772) 589-5330 \wp-form\applicat.wpd rev. 10/2005 @ Chad E. Widup, P.E. 11309 Finchley Lane Jacksonville, Fl.,.. 32223 cwidup@hotmail.com 904-292-4740 (home) 904-571-6986(cell) OBEJECTIVE: Engineering management position in the construction field with good possibilities of advancement. Education: florida International University Master of Science in Construction Management University of Kansas Bachelor of Science in Civil Engineering Bachelor of Science in Aerospace Engineering Experience: Johnson Bros. Port St. Lucie December 2005 - Present Project Manager Oversee all phases of construction, manage multiple projects, responsible for initial budget needs and usage, CPM development, scheduling of office and field staff, contract negotiations, project buyout, change order preparation, field design modifications, and general project documentation. Phase 3 West Virginia Connector $27.3 Million Hubbard Construction Company Jacksonville, FI January 2005 - December 2005 Project Manager Oversee all phases of constr:uctioni manage multiple projects, responsible for initJal budget needs and usage, CPM development, scheduling of office and field staff, contract negotiations, project buyout, change order preparation, field design modificptions, and general project docum.entation. Roadway Reconstruction of Beach Blvd (SR212) $23.5 Million Roadway Improvements on Southside Blvd (SR115) $2.7 Million JEAces (Jones, Edmunds & Associates) Rockledge, FI November 2002 - January 2005 Construction Engineering' Services (Project "Manager) Oversee all phases of construction, manage multiple projects, responsible for initial budget needs and usage, scheduling of office and field staff, contract negotiations, change order.preparation, field design. modifications, and general project documentation. Roadway Improvements - 1-95, Titusville, FI (Completed) $2.7 Million design build roadway improvements. @ Pedestrian Improvement and Bridge - US1 , St. Augustine, FI. (Completed) $1.2 Million pedestrian improvement, drainage modification and new pedestrian bridge construction. Drainage Improvement - Hopkins Creek, Jacksonville, FI (Completed) $3.6 Million drainage improvement. Roadway Widening ~ SR10, Jacksonville, FI (Completed) $2.1 Million roadway widening, drainage modifcations, and signalization improvements. JEAces( Cont.) Drainage Improvements - SRA1A, Jacksonville, FI (Completed) $2.3 Million drainage improvement to SRA1A in Ponte Vedre. Roadway Improvements - SR-518, Melbourne, FI. (Completed) $3.5 Million, this project consisted of three (3) projects let under one (1) contract number. The project included roadway widening, signalization improvements, and drainage modifications. Responsibilites included personnel and equipment schedule, construction oversite, budgeting and contract negotiations. Hubbard Construction Company Jacksonville, Fl. March 2001 - November 2002 Roadway Widening - 1-95, Jacksonville, FI APM/PE $16.6 Million roadway widening and reconstruction. The work included construction of 9 ponds with HDPE liners, installation of a new drainage system and construction of a new lane in both directions. Repsonsibilities included suretrack scheduling and updating, daily interaction with the owner, change order preparation and negotiations, subcontractor scheduling and negotiations, and project cost reporting. Roadway Widening - Southside Blvd, Jacksonville, FI. APM/PE $8.9 Million roadway widening and reconstruction. The work inlcuded construction of 6 ponds, installation of a new drainage system, and construction of a new lane in both directions. Repsonsibilities included suretrack scheduling and updating, daily interaction with the owner, change order preparation and negotiations, subcontractor scheduling and negotiations, and project cost reporting. Harry Pepper & Associates March 200.0 - March 2001 Marina - NAS Boca Chica, Key West APM/QCM/Super $4.5 Million; construct a new marina boatdock for 48 boats, moorings for 10 boats and boat house. Responsibilities included change order preparation, subcontractor scheduling, purchasing, primivera schedule, daily meeting with owner, crew scheduling, quality control inspections, subcontractor negotiations, and oversite of daily field operations. Temporary Pump Station 332B: APM/QCM $9.5 Million; Construct 575 CFS steel pump structure; Furnish & Install 4 diesel engine-driven 125 CFS Pumps and 1 electric motor driven 75 CFS Pump; furnish & install diesel fuel storage tanks & piping system. Responsibilities also included change order preparation, @ weekly meetings with owner; subcontractor scheduling, purchasing, and primivera schedule updates. Owner: Army Corps of EngineersjSFWMD Pump Stations G-310 & G-335; QCM $32.9 Million; construct two concrete pump station structures with total capacity of 6,080 CFS; form and placecment of over 48,000 CY of structural concrete; excavate and dig intake and discharge canals; installation of owner-furnished equipment included 4-950 CFS and 4-470 CFS diesel-driven pumps and 4-100 CFS electric motor driven pumps;furnish and install diesel fuel storage tanks and piping system. Owner: South Florida Water Management District lA Jones Environmental Services February 1998 - March 2000 NAS, Dallas, TX - Base Closure Quality Control Manager $5.8 Million; clean up of hazardous and contaminated waste as well as removal and disposal of underground storage tanks, oil water separators and contaminated soil. NAS Cecil Field, Jacksonville, FL QCMj APM $2.1 Million; contaminated soil clean-up from fuel farm area. Tinker Air Force Base, Oklahoma City QCMjSuperintendent $850,000; Conversion of paint booths (20) from waterfall media to air system med ia. Tinker Air Force Base, Oklahoma City QCMjSuperintendent $3.3 Million; Water Treatment Plant Constructed new water treatment facility for removal of contaminations to the aquifier on the base. Kansas Department of Transportation October 1992 - February 1998 Bureau of Design, State of KS Bureau of Planning, State of KS Gr. Bend Construction Office, State of KS QCMjCost Control Project Engineer Project Engineer Reference: Available on request Certifications: Professional Enigneering License - Florida GC License (Pending) - Exam Passed CTQP Certifications - Earthwork 1 & 2, QC Manager, Asphalt 1 & 2, And Final Estimates 1 & 2 CTQP - Project Engineering School OSHA - 40 Hours Supervisor Training - 8 Hours ACE Contractors Quality Control Training Course FHWA Materials Control &. Acceptance - Quality Assurance Nuclear Density Meter Testing NAUA Scuba Diving Commercial Drivers License (CDL) MOT Cert. @ @ ow CI' \ ! '4"cJ,',,'.d.l rl;~. " ,t?' i If' ~ /1\\:J '(Jr, 1\1 r v' (} \ ?' , , , HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: S ho.w \'\ l-\.()~e "i HOME ADDRESS: 1~'3 Cavd n~e\J Da.. Se..\')Q':1ha.n FL ~2..q5g HOME PHONE:172- 51>9-23i2- HOME FAX: 771. 5SQ-&58'?:> E-MAIL: e.eU 538"- 4 g8'g BUSINESS: C<i-S Sc'reen, nq i V\C . BUSINESS ADDRESS: I ~3 Ccvrdlr1cd Da.. .5:Joa~~n ~ 320.58 BUSINESS PHONE:17Z-5Wl-lc68.3BUSINESS FAX'J72.,S'&~-L5~-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? "1e.5 HOW LONG? 7 ycs. DO YOU CURRENTL Y HOLD ANY PUBLIC OFFICE? No DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? No WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) ______CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) __ Z- _CODE ENFORCEMENT BOARD (permanent board - meets once a month)* --.:h_CONSTRUCTION BOARD (permanent board - meets once a month)- ____HANDiCAPPED SELF-EVALUATION COMMITTEE (permanent board - meets quarterly) ____PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)- ___POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* ____PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) ------ TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE ____TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) _____OTHER TEMPORARY COMMITTEE (if applicableL_________________ (WRITE IN COMMITTEE NAME) * Filing of financial disclosure is required following appointment 90 8 we! 0' t,;;~;"\ Uu 1\::1, ~-!:JJ~iJ ),.1.[0 .:1::;~' -' @ ['1 \}- i _L S '1/ ,....., r '-' L f :~) (1 -, . APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) 1"2. '1"?- e.leoj-,lc~1 -h'-a.cie.. :3 i.j("':;; -aIUmlrlu.-r<' ~o-de- . '. -z.,.1/'%..'-{('!a - c:t:> all..VYYl' Vl ~ i..,l./'nl",.(\ I kd CO'I\. {.ra.c-*o-1' HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? -.:r.. ht:l\Je. been \h +he. Co {\~uc::.-+1 on ~ c...lcl -H-oM +-he. loweo-t eY'Id b.vlN~ 1 -\0 ,""e nl~v...~t:..:>+ e.~ (OWI"U" ~.{ b.t!;,\Vlt"'~) Cul(~+-l,,\ DuU\ '--DFCLt-e. ~~ O\.)..)Y"'> 'o~\l'\ec,)s . LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: Dv eNd \ \ \lJ'\ovJ \€.d. ~ eo o.f' a.ll f hases. 0+- *he. LaVIS-\--( LLC-,-h 0 Y'\ \Il')ci, \A. ~ ~ . HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? f\K) HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? NO WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? .~€.~ ) I hereby certify that I am qualified to hold the position for which this application is made. Further. I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available if requested. ~ ~-~----- Applicant Signature Subscribed and sworn to before me this ~2__day of ~_,~, by Shaa;~5el______' w.ho is personally known to me, J 9[ d hasd produced . . . . \\\\~~"I Constance. Ke mOll _______________as Identification. ~'i>.".~' '~~~'-:. Commission #DD208014 /I '_~ /I ~*:~:*~ Expires: May 27, 2007 ~ 7~ :"~" .i<,~ BondedThru Notary Public, 8ta- of Flori~-- ?1'1~'~~I~\~~\"r,tl?nt;r pr,,,r1inr ('0 {'-;f Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\applicat.wpd rev. 10/2005 C"U r 1.1 \ ..)1 v L'...;CJ f"\, , ~) G 1',. @ .: d~;~; ::~) }.,"__] 0 .:! () ~~ i: j.l s\,la:] S :~ _.' '-1 -i . I '~...;, ,j _n_.______.____._.____________._.__ -1 \- CONSTRUCTION BOARD 3-YEAR TERMS MEETS 2ND TUESDAY EACH MONTH - 7:00 P.M. MEMBER NAME POSITION . APPOINTMENT CURRENT TERMS AND ADDRESS HISTORY STATUS COMPLETED Electrical Took Schmitz' Term to Greg Conover Contractor Electrical Contractor expire 826 Floraland Position Position 8/25/04 9/30/2007 Avenue Sebastian, FL 32958 Took Mr. Gilligan's 589-9905 unexpired alternate member position 9/10/03 Jean Carbano Regular Reappointed 9/14/05 Term to 433 Betty Avenue Concerned Took Stuart Houston's expire Citizen 9/30/2008 Sebastian, FL Position Concerned Citizen 32958 Regular Position 581-1397 5/26/04 Frank A. Garland, Plumbing Reappointed 9/10/03 Term to Has served 1 Jr. Contractor full term 449 Ponoka Position expire Street 9/30/2006 Sebastian, FL Took Herbig's 32958 Plumbing Contractor 589-3020 Regular Member Position 11/8/2000 Chad Widup Engineer or appointed 1/25/06 Term to Architect 1174 Laconia expire Street 9/30/06 Sebastian, FL 32958 589-9821 Kari Lanning Regular Took Gilligan's Term to 185 Midvale Contractor Contractor Position expire Terrace Position 6/8/05 9/30/2006 Sebastian, FL Term to 32958 Appointed Alternate expire 589-3189 1/12/05 9/30/2007 87 @ ~ HARV Took Mitchell's HARV ; Frank Contractor Contractor Position Term to Dalessandro 8/10/05 expire 130 Stony Point 9/30/2007 Drive Sebastian, FL 32958 508-7140 '~ r~ Regular Term to Jim Morris Took Mr. CraW's P. O. Box 780765 Member unused Regular expire \ Sebastian, FL Contractor Member Contractor 9/30/2006 i 32978 position 11/12/03 {'l. 589-3519 ~;, Shawn Hosey Alternate Appointed 7/12/06 Term to 133 Cardinal Concerned expire Drive Citizen 9/30/2007 Sebastian, FL Position 32958 589-2312 Alternate Term to Contractor expire Position 9/30/2007 BOARD SECRETARY - Kathy Nappi 88 GiJ HOME OF PELICAN ISlAND AGENDA TRANSMITTAL Subject: Agenda No. Cormier - Water Line Installation Lien Reduction Request Department or~itizen Request City Attorney: ~) City Clerk: ~ ~ Date Submitted: 20 SEP 06 " Exhibits: See Attached Documentation. EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY At a previous Council Meeting, Mr. Guy Cormier requested that the Council consider a reduction in a long-standing water line assessment lien. The Cormiers operate Sebastian Wicker and Patio at 908 US Highway 1. Some time ago this property had the availability to access water improvements made by the City. The County now operates the utility, however, the City remained liable for the debt, which was used to expand the system providing the Cormiers with the potential for water service. In short, the Cormiers need to work with the County to gain access to the water line, but two issues remain unresolved before the County will "tap" the main. First, the existing lien needs to be paid. Since the lien was not paid when originally assessed in 1994, debt accrued interests and default interest has added to the original assessment now making the full lien $11,369.09. Second, the County is requiring that the Cormiers execute a "temporary service agreement" whereby they stipulate with the County that they will bring the required service line to the water main. In discussion on this item, some consideration may be given to reducing the default interest of $4,813.14. However, at the time the water line was constructed approximately 200 properties were assessed and this is the only outstanding payment. In addition, other properties were assessed, received interest and default penalties and were required to pay. Further, the City made five good faith attempts to notify the Cormiers of the obligation by submitting certified letters to the party. The address was confirmed but was consistently returned to the City until contact was made with the Cormiers in April 2004. Since April 2004, when the Cormiers had knowledge of the assessment, the obligation remained unpaid. For your review is the (1) current lien bill; (2) plat of the property; (3) invoices letters submitted to the Cormiers by the City; and, (4) County letter returning the Cormiers deposit. @ 9 I~ CITY OF SEBASTIAN 1225 MAIN ST., SEBASTIAN, FL 32958 Special Assessment for Water Line Installed in 1996 Lot Owner > Guy A. and Sara A. Cormier Parcel Number > 06-31-39-00016-0000-00008.1 Assessment > $3,848.55 Less any principal payments to date > $0.00 Assessment Balance Due > $3,848.55 Calculated through Date > I 08/14/061 Date Payment was Due > 1 03/15/961 # of Days for Interest Calculation> 1 38041 Interest Rate > 6.75% Daily Interest Charge > $0.7117 Current Interest Owed> $108.18 Accrued Interest from Prior Years> $2,599.22 Default Penalty Interest 1 % per month from date of default 3/16/96 > I $4,813.141 Total Payment Due > I $11,369.091 In addition, there are no other liens on the property assessed by the City of Sebastian. @ @ City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 February 7, 1997 CORMIER, GAY A & SARA A 06-31-39-00016-0000-00008.1 5 SHELTER ROCK ROAD DANBURY, CT 06810 Dear Property Owner, This is the second year of the Riverfront Water Project assessment which has been applied to your property. This is your notice that payment is due. · Your Total Assessment: $3.848.55 · Your 1996 Payment: .lJ! 1. You have the following payment options: a. Payment in full of $4.108.33 by March 15, 1997 This consists of: Principal: $3.848.55 and Interest: $259.78 b. Pay the 2nd annual payment amount of $584.43 by March 15, 1997 This consists of: Principal: $324.66 and Interest: $259.78 (Interest charged at 6.75% of your unpaid balance since Mar 15, 1996) 2. If you have any questions regarding this notice, you can call the City Clerk's office at 589-5330. @ City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561 j 589-5330 0 FAX (561) 589-5570 February 9, 1998 CORMIER, GAY A & SARA A 5 SHELTER ROCK ROAD DANBURY, CT 06810 Re: Property with Tax ID # 06-31-39-00016-0000-00008.1 Dear Property Owner, This is the third year of the Riverfront Water Project assessment which has been applied to your property. This is your notice that payment is due by March 15. 1998. · Your Total Assessment: $3.848.55 · Your 1996 Payment: · Your 1997 Payment: 1. You have the following payment options: a. Payment in full of $4.385.64 by March 15, 1998 This consists of: Principal: $3.848.55, Previous Year's Accrued Interest: $259.78 and Current Year Interest: $277.31. b. Make an installment payment of $915.59 by March 15, 1998 This consists of: Principal: $378. 50, Previous Year's Accrued Interest: $259.78 and Current Year Interest: $277.31. (Interest charged at 6.75% of the unpaid balance, including accrued interest, since Mar 15, 1996) 2. If you have any questions regarding this notice, please call the City Clerk's office at 589- 5330. @ City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 February 8, 1999 CORMIER, GAY A & SARA A 5 SHELTER ROCK ROAD " DANBURY, CT 06810 Re: Property with Tax ID # 06-31-39-00016-0000-00008.1 Dear Property Owner, The Riverfront Water Project Assessment against the above named property is in default. In accordance with F.S. 170.09, failure to pay the annual assessment installment will result in a default of the assessment requiring the balance of the assessment be paid in full. In addition, a one percent (1 %) per month penalty, from the date of default, shall be charged on the unpaid principal balance until paid. Also, interest will accrue on the unpaid balance at a rate of 6.75% per annum. ' The amount due is $ 5,936. 40and consists of the following: Original Assessment: Less any principal payments to date: $ 3,848.55 $ -0- Add: Accrued interest to 3/15/98: Current year interest: 1 % penalty to 1/31/99 $ 519.56 $ 259.78 $ 1.::WR 51 Total Assessment Due $ 5.936.40 Please pay the amount due by March 15, 1999 to avoid further penalties and interest. If you have any questions regarding this assessment notice, please call the City Finance office at 388-8205. @ City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 February 17, 2000 GAY A & SARA A CORMIER 5 SHELTER ROCK ROAD DANBURY, CT 06810-7058 RE: 1996 Waterline Special Assessment Parcel ill # 06-31-39-00016-0000-00008.1 Dear Property Owner: In 1996 the City of Sebastian imposed a special assessment lien on your property for improvements to that property with the installation of waterlines. Our records indicate that you were sent a Notice of Default on February 8, 1999 informing you that the failure to make the required annual payments towards the special assessment had, under state law, made the entire balance due and activated a penalty interest rate of an additional 1 % monthly on the unpaid principal balance. Despite this Notice, payment has not been made on the balance due. State law is very strict in regards to special assessments, and the City has no discretion to waive the interest, reinstate an annual payment plan, or to allow payment to remain in default. The Courts are authorized to force the City to foreclose upon property owners who do not pay special assessments. The default in payment on your property continued beyond a period of time that the City can justify and action will have to be taken soon. Please be on notice that the City will initiate the foreclosure process on any properties that remain in default after March 15,2000. Once this action is initiated, you will also be liable for any litigation expenses incurred by the City and such amounts must also be paid in order to clear the lien. The amount due is as follows: Assessment amount Interest, including accrued interest 1 % penalty per month to 3/15/00 $ 3,848.55 . $ 1,039.82. $ 1,848.58 . $ 6.736.95. Total amount due Foreclosure is not a course of action that any City wishes to take against its taxpayers, but for this very reason state law allows us no choice. Please pay this outstanding amount so we may all avoid such unpleasantness. . Respectfully, ,4t. t I) II lOT~~~< L'. tlf ~ Mark C. Mason, CPA Director of Finance @ HOME OF PELICAN ISLAND 1225 MAIN STREET. SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 April 1, 2004 Gay A. & Sara A. Cormier 545 Ray St. Sebastian, FL 32958 RE: 1996 Waterline Special Assessment Parcel ill #: 06-31-39-00016-0000-00008.1 Dear Property Owner: In 1996 the City of Sebastian imposed a special assessment lien on your property for improvements to that property with the installation of waterlines. Our records indicate that you have not paid the annual installment on the assessment and are in default status. Default of the special assessments triggers an accelerated payment of the assessments. The entire balance is now due along with accrued interest and penalties. State law is very strict in regards to special assessments, and the City has no discretion to waive the interest, reinstate an annual payment plan, or to allow payment to remain in default. The Courts are authorized to force the City to foreclose upon property owners who do not pay special assessments. The default in payment on your property continued beyond a period oftime that the City can justify and action will have to be taken soon. The amount due as of March 15,2004 per property is as follows: Parcel ill #: 06-31-39-00016-0000-00008.1 $ 9,162.27 Please be on notice that the City will initiate the foreclosure process on this property if the total amount due is not received by April 30, 2004. Once this action is initiated, you will also be liable for any litigation expenses incurred by the City and such amounts must also be paid in order to clear the lien. Foreclosure is not a course of action that any City wishes to take against its taxpayers, but for this very reason state law allows us no choice. I have enclosed the assessment invoice for the property and a copy of the original assessment notice dated January 26, 1996. Please pay this outstanding amount so we may all avoid such unpleasantness. If you have any questions concerning this letter, please give me a call at 772-388-8205. Respectfully, -f/-tf.-, ?---- Shai Francis, CPA Director of Finance Cc: Rich Stringer, City Attorney "An Equal Opportunity Employer" Celebrating Our 75th Anniversary @ Ci ty of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 January 26, 1996 CORMIER, GAY A & SARA A 06-31-39-00016-0000-00008.1 5 SHELTER ROCK ROAD DANBURY, CT 06810 Dear Property Owner: This letter represents written notification of the assessment which is being applied to your property including amounts, interest rates, due dates and payments. Your Preliminary assessment was: $4,042.84 Your Final assessment is: $3,848.55 Payments Made: $0.00 Balance Due: $3,848.55 The following applies to all property owners being assessed for the Riverfront Water Project in accordance with Resolution R-96-05 and R-96-14: 1. The total assessment is due March 15,1996. 2. The City has made provision where the assessment can be paid over a ten-year period. 3. If you elect to pay over ten years, or less, the following conditions exist: a. Payments will be due March 15th of each year with the first installment being due March 15, 1996. b. Your minimum annual payment, including principal and interest: $507.38 c. Interest will be charged at the rate of 6.75% on the unpaid balance for each of the annual installments. There is no penalty for early payment of principal. d. Payment notices will be sent out each year at least one month prior to the due date of March 15. 4. If you have questions regarding this assessment or the lien on your property, you can call the City Clerk's office at 589-5330. (iJ INDIAN RIVER COUNTY DEPARTMENT OF UTIliTY SERVICES 1840 25th Street, Vero Beach, Florida 32960 March 23, 2006 Sebastian Wicker & Patio 908 US Highway I Sebastian, FL 32958 Attn: Guy & Sara Cormier Dear Mr. & Mrs. Cormier: We are returning your check for $1855.00, for which you wanted to pay a water impact .fee, meter..in~t3.n!;\tiQ.FI4~t,ap5~D..n4.iJ.J.spe.;.t:im;!..,.;:.;.~~~._=o~,..;.:..,.;",".....__J__., ,-c',::':..,. ., '. ,., ..... Technically: speaking, wat~r is unavailable at 908 US Highway 1. A review of our history with you has revealed that we provided you \Vith as builts, and marked the nearest location to which 'you could connect. Such a COilllection would require yoU: to obtain an easement, and run a line :trom' your location~ across several neighboring lots, to the side street w here water is available. I know that you have spoken to a number of &taff members over the years, with the same result. Unfortunately, your property does nOl: have access to a water line. Should you be desirous of connecting to the water system, you will need an easement to the service location, and you will need to run your own line to that location. Ainceret ' l 'pA' Cindy Assistan t ., ~.., ente X 1~3 ~ irector of Utility Services CC\jhd CC: Erik Olson, Director of Utility Servicts Dan Chastain, Assessment Manager Art Reisfeld, Supervisor - ~ust6mer Service @ 77) ~ S-fr.S'l6f 096 . <(<ti-".f ~ ~ ... . . ",~- CITY OF SEBASTIAN BUILDING DEPT. & GROWTH MANAGEMENT DEPT. .FlECE/p'T Name CeJA..~f~'<' Date '3-1'-6 18843 o Cash ~/o'to Building Permit W~r,fff Electrical Pe.rmit {1Irt~~ 2 Fence PermIt 4tOD/D 3 Irrigation Permit ? 22~ 4 Land Clearing/Grubbing Permit:; 5 License PenaltiesfTransfer 6 Other Licenses & Permits 7 Photo Copies 8 Plat Review Fees 9 Plumbing Permit 10 Pre-paid License Renewal 11 Professional Licenses 12 (DBPR) 13 (DCA) . 14 Re-inspection Fees 15 Sign Permit 16 Site Plan Review Fees 17 Tree Removal Permit 18 Zoning Fees 19 Recreation Impact Fees 20 P~nsRe~ew 21 Mec cal Permit 22 Amount Paid - :l5 OcJ otal Paid .z...S-- ~ White - Dept. of Origin . Yellow - Finance . Pink _ Applicant '"~ ~.7.~\\ , J \ I ..J MAP,'f 1.ANDiSAii~lSKfl'CHif l}"mR()v~l PRRMTI~l MIse "fWA<'1: ~ . ~ ~~ litD1 I~I ,---~ Ii.. .... .. ID by POINT. Click on a single point on the map. The parcel you clicked on will be Identified. Page 1 of 1 r~$-fbR..(l7nuM=l . '11II Turn off parcel shading ~~ o Parcel Shading D Aerials - 2003 [J Aerials - 2001 LEGEND - Click here f( All other map layers a Scale-dependent map ~ Map Scale 1:1704 Click Here to access :e:::u:J(~~ Parcel Number: 3139C J 03'\ \,-- http://www.ircpa.org/mapmain.asp?ToDo=FindParcel&Parcel=313906000 16000000008.1&ManNum=un... 4/1100011 Base Parcel Data , Parcel ParcellD: Ownership Owner - First Name 1: Owner - First Name 2: Owner - Last Name: Mailing Address 1: Mailing Address 2: Mailing Address 3: Mailing City, State, Zip: 31390600016000000008.0 ANTERO (LE) ONIEDE (LE) FIGUEIREDO 900 S US HWY 1 SEBASTIAN, FL 32958 SECONDARY OWNERS Secondary Owner. Secondary Owner. FIGUEIREDO, ANTERO (TR) FIGUEIREDO, ONE IDE (TR) Legal Description EDGEWATER PARK RESUB OF BLK 1 Full Legal Description EDGEWATER PARK RESUB OF BLK 1 RESUBDIVISION OF BLK 1 OF EDGEWATER PARK PBI 2}40 LOTS 8 TO 11 INC, LESS NL Y 10FT OF LOTS 8 TO 11 INC & LESS WI.. Y 10 FT OF LOT 11 FOR HWY RIW (OR BK 496 PP 376 Site Information Site Number From, To: Site Prefix, Street Name: Site Unit: Site City, Zip: 900 US HIGHWAY 1 SEBASTIAN, FL 32958 Property Information Tax Code: Assessment Year. Neighborhood Code: Properly Use Code: MaplD: Real Appraiser & Appraisal Date: 2 700027.00 - City Sab E US1 to River 2100 - Restaurants/Cafeteria 09.05 WB Wayne Bibeau -1/9/2006 Please have the parcel number ready when you contact the Property Appraiser. J @ ttp://www.ircpa.orglbase.asp?Parcel=313 906000 16000000008%2EO&PIN=&Card= 1 &Page=base 4/11/2006 "FO IP S 0"'.07'24" E ;: <:: ..J 11. o o o o \\J ---- -1-- - 1 I -- - - -- ----- ---- =-=- r_ - -- j -, I: I I I I I I x~ '" '" -- - - .- - -- f/l <( ..,.,:.c:;;:-::,.L," .,<_~ ''''-'1'4~'''~~&~11~';'~:;: ., . 0> Ol .0> I I /. I I I I I I I ~,." --l, -, . '..~~ PVMT'r . --'~ I .. '" ILl l'- rtl l'- rtl I l~ ~~oJ' ( . . I &ttp: I .~ ASPHALT ',{ \, II .f \ }, '1 1 1 150.00' C PLAT ). FO IR 944 . /50.2:0.' CME'AS') ~ - - -- i I : :, --I- . OWOOD I SHED <:-'-LQ'r- LOT 12 7.0' rsx~. 7 I CHAIN . LINK FENCE x I' STY ~~Q~O I FRAME 'BLOG', -r-CON :...r- '0 o N ... 19.00' y ~X " I, f:~ 156.00' "-CONC~ i '. " I f ':1 I I /-51.GN POSTS ... " ...-r- GRASS -z..-... T LINE'''' ;1...._ U.S. HWY. NO:I (e ENTRAl AVE) Ct02'Fi/wl BOUNDARY SURVEY FOR GUY A. 8 SARA A. CORMIER U&.L llESCRIrnU'/ The North ten feet of IDts 8, 9, 10 and 11, all of IDts U, 13 mXI1~, less 'the North ten feet thereof, all lying East of the ri8ht of ""1 Df.U.s. Ili&hway No.1, Edgewater PIIIk S,bdivisioo, as sho<.n In Plat 8o<:k 2, Page 40, of the fublic RecOrds of.Iniilim River CronL~, ..orilla, AL9J. beIdn at a point: ten feet Sooth of the Ilortl......t = of said IDt .lit, ~ter PIIIk SUlxlivis1oo, as in Plat 8o<:k 2, Page 40, of the fublIc F.i!cords 6. u.!ian ll1ve:r Croney, f1or1daJ theoce run I;outheasterl)' al~ the East boundazy Un. of said IDts 14, 13 and 12 to . ""lIlt ten feet Scuth w the East bc:urxlazY line of Lot 12 ext:ended, thence "'" Norihea.<arly !XI .. l.1ne parallel to the North bounaa:ry line of IDt 8 to. tho Ease ~ line of sajd Lot 8, thence run NortI.oe,;_ly.w a line parallel to the Eut bo<mdaIy line of said IDts 12, 13 and 14 to" poine teq feet Scuth of the North line of Lot 14 extended, 'thence run llesl>lrly 00 a l1ne parallel to the North lot line of ~ 14 to tl-e Point of lleginnir,z, nSJ subject: to essenenta restrtct1cns, rese"'..t1cns and l1mitatlons of record as recorded in. Official """'rds Bod< 496, Page 376, l'ublic Records of Indian River Ccunty, f1orida. .. ~n!l is based On "" assured lreri.dim). . . '. '. 2. LarI1:, ~ ~ ""roo ....t abatracted for riO>t~ of way, oasmetlta of record or """"'-."!.p. 3. 1h1s uurvey is not valid unleas 8eAilJd 1oI1th !In anbossed lUIVeyors seal. I CERrlnc,o,n; OF' li!JRVE'IOR - I IlERE8Y CERIIFY t:""t tl-e L-uDlJDot:!Dn sto.n rereoo~e 1oI1th a recent f1elcJ1'survoy mad. under my <Hrecti.c.c1 IIIld that it 1s true IIIld correct to the be! t of my kno'll~e and be ef, ts Hininun Techn1cal ,Scirndards as set forth by ere Board of PmfesslDnal LsrxJ Surveyors, F'lor1da Statutes Chspter 2J.-HH-6: n ,..;. ./ l f'IEUJ &:Xl( IR-25 PI'l;I;S 30 - 34 f'"'I'"-.. ....... ... ~ ~ __ ~~ FO I;> ---- 'to LOT 8 j:: <:: :..J 11. -0 0 0 0 N - - U) Li'i :;: LOT 9 co l'- Ol Ol -- l'- III \\J '" l'- l'- f/l LOT 10 LOT II @ u.s. ~ 1I:l. 1 rlQ1t of way infonnation . taken fro. D.O. T. r1Q1t of. way map, Section IIIld Job No. 8801-110. Ann. . @ . . . City of Sebastian, Florida Of'flCK OF THECrrY ATTORNKY ~ AGENDA TRANSMITTAL Agenda No. O~. 0'3. S Subject: Sebastian Sharks Football; Use agreement Date Submitted: 9/8/06 For Agenda of: 9/13/06 SUMMARY: The youth athletic leagues previously had "leases" for the use of fields at the Barber Street Sports Complex. Leases are an inappropriate format for such relationships; a use agreement is the proper way to provide for the use of park land by independent organizations. The agreement is for five years and basically provides for a standing reservation system to be coordinated between the City and the football team, except in season, at which time the main field and concession stand will be reserved for exclusive use of the Sharks.. RECOMMENDED ACTION: At Council's discretion - Approve Use Agreement with the Sebastian Sharks Football team. REVIEWED BY CITY CLERK: (~ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER' @ . . . @ . . . USE AGREEMENT BETWEEN CITY AND SEBASTIAN SHARKS YOUTH FOOTBALL IN AND FOR CONSIDERATION of the mutual promises herein, the sufficiency of which is hereby acknowledged, the CITY OF SEBASTIAN, a Florida municipal corpqration, hereinafter referred to as "CITY", and the SEBASTIAN RIVER SHARKS YOUTH FOOTBALL & CHEERLEAUiNG ASSOCIATION, INC., a non-profit Florida corporation, hereinafter referred to as "SHARKS", agree to be legally bound as follows: I. USE OF PREMISES From the date of execution hereof through December 31,2010, SHARKS shall be allowed the use of Fields 1,2 and 3 of the southern portion of the Barber Street Sports Complex as shown in the schematic attached hereto as Exhibit I, as well as the use of the Concession Stand Building identified in said Exhibit, in accordance with the terms set forth herein, for the purpose of operating a youth football league. The areas subject to this use agreement shall hereinafter be called the "Premises". .. SHARKS shall not commit or pennit the commission of any acts on the Premises, nor use nor permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the premises; or . (b) constitutes the commission of waste on the premises or the commission or maintenance of a nuisance. SHARKS shall be entitled to ancillary use of public parking and recreational facilities within the Barber Street Sports Complex on the same terms as all other members of the public. II. RESERVATION FOR EXCLUSIVE USE The rights granted SHARKS herein relate to use of public facilities and do not in any way constitute possession of the Premises by SHARKS. At all times CITY retains all rights of control and access to facilities subject to this agreement. A. In-Season Usage From June 1 through December 31 of each year, SHARKS shall have exclusive use of Field 1 and the concession portion of the Concession Stand Building. However, if it does not interfere with a scheduled game of SHARKS, upon fifteen (15) days written notice, CITY shall be entitled to use of the concession facilities on a short-term basis for special events. SHARKS shall be entitled to retain all earnings from operation of the concession stand, and shall comply with all applicable laws, orders and regulations prescribed by any lawful authority having jurisdiction over the operations of the concession stand. In the event SHARKS is unable operate said concession stand in accordance with all such regulatory requirements, or for any other reason ceases to operate the same, CITY shall be entitled to otherwise provide for operation of the concession stand and SHARKS shall have no further interest therein. No less than twenty (20) days prior to the beginning of each month that SHARKS intend to use the remaining areas of the Premises for organized activities, it shall submit a schedule of the dates and times during the upcoming month that it reasonably believes the exclusive use of the fields and meeting rooms will be needed for the efficient operation of the league. Until the time passes for the submission of said schedule request, CITY agrees that it will not schedule other uses for these facilities. CITY shall review the request and within one week either approve the submitted times or confer with SHARKS as to any modifications thereto. Priority will be given @ to the reasonable needs Qf the SHARKS, however, the ultimate decision as to scheduling exclusive . use shall rest in the sole discretion of CITY. The Premises shall be reserved. for the exclusive use of SHARKS at the times determined hereunder. B. Off-Season Usage From January 1 through May 31 of each year, SHARKS may schedule times for exclusive use of the Premises through the procedure employed in the prior paragraph. Nothing herein shall prohibit SHARKS from requesting use of these shared facilities at any time under the same process in place for other organizations. C. Year-Round Usage CITY will designate an: area within the area of the Premises in which SHARKS may place a structure for exclusive storage of equipment. Until and unless said structure is placed, the City Manager may designate areas for storage upon such terms as he determines is in the public interest. Further, SHARKS are not required to remove the equipment utilized within the Concession Area during the off-season. ID. ASSIGNMENT SHARKS may not assign, or otherwise transfer any right or interest in this Agreement without the prior express written consent of CITY. IV. MAINTENANCE AND REPAIRS CITY shall generally maintain the Premises in a good, clean, and safe condition to the accepted standards maintained for City park facilities. SHARKS shall have responsibility for preparation of the field for league play, including lining of the play area as well as any mowing, etc., desired above general park use standards. SHARKS shall be responsible for replacement of light . bulbs for the scoreboards and the interior of the concession area during the season, as well as the repair and maintenance of food storage and preparation equipment within the concession area. Following periods of use, SHARKS shall leave the Premises locked and secured, in good clean condition and repair, reasonable wear and tear and damage by the elements excepted. SHARKS shall leave the restrooms clean and orderly, and supplied with toilet paper and all other necessary sanitary items. Garbage and waste shall be gathered, bagged and left in receptacles provided at the Premises. All equipment shall be put away in an orderly fashion. SHARKS.shall be responsible for repair of any damage occasioned by the use of the Premises beyond reasonable wear and tear. v. INSURANCE SHARKS shall, at all times it makes any use of the Concession Stand Building, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance in an amount equivalent to the appraised value of the Concession Stand Building. Upon request, the SHARKS shall provide to the CITY a certificate of such insurance with evidence of the payment of the premium therefore. The CITY shall have no obligation to keep the buildings and improvements on the Premises insured nor shall the CITY have any obligation to insure any personal property used in connection with the Premises. In the event that the SHARKS's use and occupancy of the Premises causes any increase in the premium for any property casualty or fire insurance maintained by CITY on the Premises or any portion thereof, SHARKS shall reimburse CITY for the amount of said increase within thirty days of notice of the same. . @ . . At all times during the term of this Agreement, SHARKS shall, at its own cost and expense," secure and maintain a broad form comprehensive coverage policy of public liability irisbrance issued by an insurance company acceptable to CITY and insuring CITY against loss or liability caused by or connected with SHARKS's occupation and use of the Premises under this Agreement in arilOunts not less than: (a) $300,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of anyone accident or incident; and (b) $300,000 for damage to or destruction of any property of others; or such higher amount as may be set as the liability limits under the waiver of sovereign immunity provisions oflaw. . Any policy or policies of insurance required pursuant to this Agreement shall be issued by oneor more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall contain a clause preventing cancellation of any coverage before. thirty (30) days written notice to the CITY and shall name the CITY as an additional insured. Upon the request of the CITY, the SHARKS shall provide copies of said policies to the CITY. Nothing in this Agreement shall be construed as a waiver by CITY of the protections of sovereign immunity. VI. DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the Premises are destroyed or damaged by fire or other casualty, the CITY shall have no responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the Premises. CITY, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the Premises and terminate the Agreement. Any insurance proceeds relating to the Premises, whether CITY elects to repair or replace the improvements on the Premises or not, shall be the sole property of CITY and SHARKS shall have no claims against any insurance proceeds paid on account of such damage. VII. ALTERATIONS SHARKS shall not make or permit any other person to make alterations to the Premises without the prior written consent of CITY. Any alterations to the Premises by SHARKS shall be made at the sole cost and expense of SHARKS, but shall be the property of CITY. VIII. INDE:MNITY SHARKS shall indemnify, defend and hold CITY and the property of CITY, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of SHARKS, or by reason of damage to or destruction of any property, including property owned by SHARKS or any person who is an employee or agent of SHARKS, in any way caused by, connected with or occurring during SHARKS's exclusive use of the Premises or other appurtenant or related CITY properties arising under this Agreement other than intentional . acts of CITY or an employee or agent of CITY. @ IX. UNREMOVED PERSONAL PROPERTY AND FIXTURES . Any personal property or trade fixtures that are not removed from the Premises by SHARKS within thirty (30) days after termination of this Agreement shall be deemed abandoned by SHARKS and shall automatically become the property of CITY as owner of the real property. x. REMEDIES FOR DEFAULT Should SHARKS 'be guilty of a material default and breach of this Agreement, CITY, in addition to any other remedies given by law or equity, may tenninate SHARKS's right to use the Premises immediately.. XI. WAIVER OF BREACH The waiver by CITY .of any breach by SHARKS of any of the provisions of this Agreement. shall not constitute a continuing waiver or a waiver of any subsequent breach by SHARKS either of the same or another provision of this Agreement. Xll. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: CITY: City of Sebastian 1225 Main Street Sebastian,FL 32958 . Attn: City Manager SHARKS: Sebastian River Sharks Youth Football & Cheerleading Association, Inc. 13537 PMB #125 Sebastian, FL 32958 Attn: President provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. XIII. LITIGATION In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Agreement shall be construed and enforced according to the laws of the State of Florida. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in the venue. THE PARTIES HERETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH LEGAL PROCEEDING. XIV. WHOLE AGREEMENT This Agreement contains all of the understandings by and between the parties hereto relative to the use of the Premises, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by . @ . . . each of the parties hereto. Neither party has in any way relied, nor,shall in any way rely, upon any oral orwr;itten agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. This Agreement shall not be construed against the party'who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. EXECUTED on this _ day of September, 2006, at Sebastian, Florida. AITEST: CITY OF SEBASTIAN A Municipal Corporation By: Alfred A. Minner, ill, City Manager Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney SEBASTIAN RIVER SHARKS YOUTH FOOTBALL & CHEERLEADING ASSOCIATION, INC. a non-profit Florida corporation AITEST: By: Its: Secretary: (Seal) @ . . . @ HOME OF PWCAN ISlAND AGENDA TRANSMITTAL Subject: Collective Bargaining Agreement Agenda No. between the City of Sebastian and the Communication Workers of America, Local 3180. oCt; .15'0 . Dttlt 0 .gin: Human Resources Finance Director: City Clerk: City Attorney: Date Submitted: September 20th, 2006 For Agenda of: September 27th, 2006 Exhibits: CW A Pro osed Contract Chan es EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Attached for your approval is the proposed collective bargaining agreement in its entirety ~een the City of Sebastian and the Communication Workers of America, Local 3180. Changes in the agreement are in "edited format"(Le. underline for additions and strikethrough for deletions). The attached agreement reflects the tentative agreement that was reached between manageme"t and the bargaining unit, but does not reflect the deletions discussed at the Executive Session OB :riday, September 15th, 2006. The summary of changes is as follows: Article 1.1 - Add - A temporary employee will be considered permanent after twelve (12) months of uninterrupted service. Temporary employees are not eligible for paid leave or annual cost of living adjustments. They will be eligible for a merit increase at their one (1) year anniversary date pursuant to Article 24.2. All permanent full-time and part-time position changes over the past three (3) years have been updated. Article 4.6 - Add - The City agrees to deduct each pay period, and pay over to the Secretary/Treasurer of the Union, Committee on Political Education (CW A-COPE PC C), from the wages of those employees who voluntarily authorized such contributions on a form provided by the Union. @ Article 7.3 ( c) - Add - Emergency closure hours will be considered time worked for the purpose of computing overtime. Article 9.2 ( e) - delete Article 10.2 (b) - Change - must submit a doctors note, to may submit. Article 10.3 ( e) - Change - over 10 years completed years of service to - 11 years to 20 years of service -75%, and add over 20 years of completed service - 100%. Article 14.1 - Change - in house for ten (10) days, to - initially in house for five (5) days. Add - Such vacancies may be filled from outside only if no qualified current bargaining unit member applies. Article 14.4 - Add - or pay grade. Article 14.5 - Add - Reimbursement for associate's degree will be limited to one (1) per employee, once Bachelor's Degree has been attained; the $500 is forfeited in lieu of the $750 annually. Reimbursement for bachelor's degree will be limited to one (1) per employee. Article 16.5 - Add - Effective October 1, 2006, the City will match contributions to an employee 457plan up to 1 % of employees wages. Article 18.8 (c) - Change safety boot reimbursement from $100 annually to $120 annually. Article 20.1 - Change to 3% increase effective October 1, 2006 Article 20.2 - Change to 3% increase effective October 1,2007 Article 20.3 - Change to 3% increase effective October 1, 2008 , I RECOMMENDED ACTION Move to approve the execution of the contract; Resolution will be brought back for council approval when the City of Sebastian and the Communication Workers of America ratifY the agreement. @ arfOf Sf, HOME, Of'PELICANISlAND CITY OF SEBASTIAN and COMMUNICATION WORKERS OF AMERICA (LOCAL 3180) October 1, 2006 - September 30, 2009 @ @ COMMUNICATION WORKERS OF AMERICA (CW A) TABLE OF CONTENTS ARTICLE TITLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement Preamble Union Recognition Management's Rights Bargaining Unit Representatives Dues Deduction Rights of Employees No Strike Hours ofWorkJOvertime Seniority/Layoff/Recall Miscellaneous Paid Leave Sick leave Annual Leave Grievance Procedure Holidays Promotions, Transfers, and Adjustments Group Insurance Retirement Contribution Performance Evaluations Safety Disciplinary Action Salary Substance Abuse Testing Uniforms Tuition Reimbursement Merit/Step Pay Plan Severability Term of Agreement 2 Pa2e 3 3 4 5 5 6 67 61 1li Mil ~ll +617 -1-819 21 ~26 ~27 U29 U29 2-930 J+32 ll35 ~35 ;435 M-35 35 ~36 H38 ~38 @) @ AGREEMENT Section 1 This Collective Bargaining Agreement ("Agreement") is entered into by the City of Sebastian, Florida ("City" or "Employer") and Communications Worker's of America, AFL-CIO, ("CW A"), and has as its purpose the promotion of harmonious relations between the City and CW A; the establishment of an equitable and peaceful procedure for the resolution of differences; and includes the agreement of the parties on the standards of wages, hours and other conditions of employment covered hereunder. Upon the effective date of this Agreement it shall supersede and supplant that certain Agreement between the parties dated April 1, 2001 October L 2003. Section 2 Throughout this Agreement masculine gender pronouns shall be read. to include feminine gender where appropriate. PREAMBLE Whereas, the intent and purpose of this Agreement is to maintain and further hannonious and cooperative labor management relations upon a constructive and sound foundation; Whereas, the cornerstone of this foundation is the mutual acceptance and recognition of the rights and obligations of both parties, in order that the joint responsibilities of the public employer and public employee to represent the public be fulfilled and the order and uninterrupted functions of government be assured; and Whereas, the City is engaged in furnishing essential public services vital to the health, safety, protection, and comfort of the residents of Sebastian; and Whereas, both the City and its employees have a high degree of responsibility to the public in so serving the public without interruption of these services; and Whereas, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to permit them to fulfill said responsibility; Now therefore, in consideration of the premises and promises set forth herein and the benefits and advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by reason thereof, and said parties hereby agree as follows: 3 @ ARTICLE 1 UNION RECOGNITION 1.1: The City recognizes the CW A as being certified by the Florida Public Employees Relations Commission and as such is the sole and exclusive bargaining agent, for those full-time and part-time excluding temporary and seasonal employees) hourly employees working within the unit, for the purpose of negotiating matters of wages, hours and other terms and conditions of employment. A temporary employee will be considered permanent after twelve (12) months of uninterrupted service. Temporary employees are not eligible for paid leave or annual cost of living adjustments. They will be eligible for a merit increase at their one (1) year anniversary date pursuant to Article 24.2.This list of job classifications may be amended from time to time. PosmON CLASSIFICATIONS AccOlmt Clerk I Account Clerk II J\.ocount Clerk III Administrative Aide Administrative Assistant Administrative Secretary Administrative Supervisor Airport Operations Specialist III Assistant Golf Pro Benefits Specialist Building Inspector I Building Inspector II Building Maintenance Supervisor Cashier Cemetery Supervisor Chief Building Inspector Clerical Assistant I Clerical Assistant II Code Enforcement Officer Communications Supervisor Communications Technician Computer Operator Construction Inspector Engineering Technician Evidence Property Technician File Clerk Fleet Maintenance Supervisor Golf Course Attendant Golf Course Cart Attendant Golf Course Starter Ranger Head Cashier Head Mechanic Human Resources Specialist ffiffirmation Specialist Maintenance Worker I Maintenance Worker II Maintenance Worker ill Mechanic 4 @ Parks Foreman Parks Supervisor Payroll Specialist Permit Technician Plans Examiner Receptionist Records Clerk I Records Clerk II Records Retention Clerk Records Specialist Records Supervisor Recreation Supervisor Roads and Drainage Supervisor Traffic Technician Zoning Technician ARTICLE 2 MANAGEMENT RIGHTS 2.1: The management of the City and the direction of the workforce is vested exclusively in the City subject to the terms of this agreement. Nothing in this Agreement shall affect the right of the City to determine the standards of service offered the public; to maintain the efficiency of the City's operations; to determine the methods, means and personnel by which the City's operations are to be conducted; to direct the work of its employees; to hire, promote, demote, transfer, assign and retain employees in positions; to discipline, suspend or discharge employees for just cause and to relieve employees from duty because of lack of work; or to take any action, not inconsistent with the express provisions of this Agreement, necessary to carry out the mission of the City. All matters not expressly covered by the language of this agreement may be administered for its duration by the City in accordance with such policy or procedure as the City from time to time may determine. ARTICLE 3 BARGAINING UNIT REPRESENTATION 3.1: The CW A, upon the presentation of Application for Membership form (Appendix B) dues deduction, duly executed by the individual employees covered by this Agreement, shall be entitled to have such employees' membership dues or service fee deducted from their paychecks on a semi-monthly (twenty four (24) times per year) basis and remitted to the CW A. As assignment of wages/dues deduction may be canceled by the employee on thirty (30) days written notice to the City and to the CW A. 3.2: The City agrees to provide suitable bulletin board space on existing or new bulletin boards inconvenient places for posting of official CW A notices. The parties agree that the usage of such bulletin boards will be to promote Employee-Employer relations, as well as keep the members of the CW A informed of its representation activities. All notices shall be signed by a duly authorized CW A representative. Any other notices, including any notices containing information other than purpose, date, time and place, may be posted on the designated CW A bulletin board only with the approval of the Employer. 3.3: The City will permit the CW A to maintain an official mailbox at various work sites. The mailboxes will be provided by the CW A. Mail delivered to these mailboxes will be delivered unopened. 5 @ 3.4: The City will allow the CW A a reasonable opportunity to meet with new employees Covered by the agreement at the conclusion of new employee orientation for the purpose ofbriefingthe employee on this Agreement and the Bargaining Unit's programs and benefits. 3.5: The CW A shall appoint one (1) bargaining unit member for each of the departments to represent the CW A as the Steward for all the bargaining unit members in those departments. The Steward shall be a regular full-time City employee on payroll status and shall be responsible for labor relations activities associated with the administration of this Agreement on a full~time basis. Furthermore, he or she shall be responsible for the coordinating and processing of grievances for all CW A members, and shall conduct activities to avoid overlapping or duplicating services of any other bargaining unit representative. These activities shall be conducted without disrupting the work of other City employees who are not directly involved. ARTICLE 4 DUES DEDUCTION 4.1: Upon receipt of a stipulated lawfully-executed Assignment ofWageslDues Deduction form, attached as Appendix B, from an employee, the Employer agrees to deduct the regular dues of the CW A from the employee's pay semi-monthly. Such dues will be remitted monthly to the Secretary-Treasurer of the CW A Bargaining Unit. The CW A agrees to notify the Employer, in writing, at least thirty (30) days prior to the effective date of any changes in the regular dues structure. 4.2: Revocation of dues will be processed through the CW A, but in the event of direct revocation, the CW A will be notified as soon as is practicable. 4.3: The CW A agrees to indemnify and hold harmless the Employer, its agents, employees and o:fficials:from and against any claims, demands, damages or causes of action (including, but not limited to, claims, etc., based upon clerical or accounting errors caused by negligence,) of any nature whatsoever, asserted by any person, firm or entity, based upon or related to payroll deduction ofCWA dues. The CWA agrees to defend, at its sole expense, any such claims against the Employer or its agents, employees, and officials. The term "official" as used herein includes elected and appointed officials. 4.4: Nothing contained herein shall require the Employer to deduct or to otherwise be involved in the collection of delinquent dues, fines, penalties, or special assessments of the CW A . 4.5 An assignment ofWageslDues deduction may be canceled by the employee upon thirty (30) days written notice to both the City and the CW A. 4.6 The City agrees to deduct each pay period, and pay over to the Secretary/Treasurer of the CW A Bargaining Unit Committee on Political Education (CW A-COPE PCC), from the wages of those employees who voluntarily authorized such contributions on a form provided by the CW A. The payroll deduction remittance for CW A-COPE PCC to the Union will be made each pay period along with a list of names of those employees for whom such deductions have been made and the amount deducted for each such employee. The City 6 @ assumes no responsibility either to the employee or to the CW A for any failure to make or for any errors made in making such deductions. but will make such efforts as it deems appropriate in correcting any such errors or omissions. ARTICLE 5 RIGHTS OF EMPLOYEES 5.1: The City and CW A agree that bargaining unit members possess the rights set forth in Section 447.301, Florida Statutes, and are entitled to exercise these rights without interference, restraint, or coercion from any person, including CW A representation in any discussion between the employee and representatives of the City in which the employee has reasonable grounds to fear that the interview is investigatory and may result in disciplinary action being taken against the employee. 5.2: CW A members are entitled to be represented by the CW A in grievances arising under this Agreement. They may also bring matters of individual concern not covered by this Agreement to the attention of City officials. ARTICLE 6 NO STRIKE 6.1: For purposes of this Article, "strike" is defined as the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning or coercing a change in the terms and conditions of employment or the rights, privileges or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement. 6.2: The CWA recognizes that strikes by public employees are prohibited by Article 1, Section 6, of the Florida Constitution and Section 447.505, Florida Statutes. The CW A agrees not to authorize, instigate, or otherwise support a strike, as defined in Section 6.1 above. 6.3: The CW A recognizes that it -- and all acting in concert with it -- shall be liable to the penalties set forth in Section 447.507, Florida Statutes, in the event of a strike in violation of this Article. 6.4: The CWA agrees that there shall be no strikes in accordance with Article 1, Section 6 of the Florida Constitution and Section 447.505, Florida Statues. In the event of a strike, slow up, work stoppage, or interruption due to informational pickets, the CW A shall promptly and publicly disavow such unauthorized conduct and to take all affirmative action legally available to prevent or tenninate any strike which occurs in contravention of this commitment. This Agreement shall become null and void upon the occurrence of a CW A encouraged or sanctioned strike. 6.5: For the purpose of this Agreement, informational pickets shall be allowed. Informational pickets shall not stop or discourage City employees from normal business. Informational pickets shall not encourage 7 @ GiJ any type of act that would violate local ordinances, city, state or federal law, e.g, honking of horns, etc. ARTICLE 7 HOURS OF WORK AND OVERTIME 7.1: Basic Work Week: (a) The basic work week for regular full-time employees shall ordinarily consist of forty (40) hours per week, starting at 12:01 a.m. Sunday and ending at 12:00 midnight Saturday, unless otherwise specified or scheduled by the Department Head to meet particular requirements of an individual department. This provision shall not be construed as a guarantee or limitation of the hours to be worked per week. (b) The basic workweek for regular part-time employees shall consist of those hours they are required to work by their Department Head or his designee. ( c) Meal periods shall not be considered time worked. (d) Bargaining unit membe{'s will be entitled to a one (1) hour meal break which will be taken at the discretion of their immediate supervisor. Bargaining unit members will also be entitled to two (2) paid :fifteen (15) minute work breaks one in the morning and one in the afternoon. Bargaining unit members will be paid for an eight (8) hour day. Hours of Operation 1. Administrative bargaining unit member's hours of work are from 8:00 a.m. to 4:30 p.m. Monday through Friday. 2. Non-administrative bargaining unit member's hours of work are from 7:00 a.m. to 3:30p.m. 3. The hours of operation for both Administrative and Non-administrative bargaining unit members may be changed from time to time at the discretion of the Department Head. (e) The two fifteen (15) minute work breaks will not be taken immediately before and/or immediately after the meal break, and it must be used or lost. It cannot be used to make up for late arrival or for leaving work early. (f) The City will make a good faith effort to find work for employees who want to continue working when adverse weather conditions do not pennit outside work. If no work is available, and based on the employee's job description, employees may use accrued vacation, personal, or compensatory time, (if earned) to leave work for the remainder of the day. 7.2 Communications Division: (a) The basic work period for all bargaining unit members assigned to the Communications Division of the Police Department shall consist of the scheduled work period as described in 8 Section 7.1, Section (a) of this Article. Such unit members shall be entitled to one (30) thirty minute meal break and two (2) fifteen (15) minute paid breaks per each eight (8) hour shift, to be taken at the discretion of their immediate supervisor. (b) The two (2) fifteen (15) minute paid breaks are not to be taken consecutively or in conjunction with the thirty (30) minute meal break unless authorized by the employee's immediate supervisor. It is agreed by the parties that the two (2) fifteen (15) minute breaks will represent compensable time. Meal breaks will not represent compensable time. 7.3: Overtime: (a) Overtime will be authorized only when it is in the interest of the Employer and is the most practicable and economical way of meeting workloads or deadlines. (b) All authorized and approved time worked in excess of forty (40) hours in anyone workweek is considered overtime worked and shall be either paid at the rate of one and one-half (1 Y2) times the hourly rate of the employee, or by compensatory time off at the rate of one and one-half (1-112) hours for each hour worked over forty (40) hours. (c) For the purpose of overtime computation, time spent by a bargaining unit member on any approved leave with pay (excluding compensatory time) will be considered as time worked. Emergency closure hours will be considered time vwrked for the purpose of computing overtime. 1. Bargaining unit members who work overtime during a forty (40) hour week and use sick leave time within that forty-hour week will be eligible for overtime pay. The employee requesting compensatory time and having used sick leave during the forty (40) hour work week will earn the compensatory time at the rate of one and one-half (1 Y2) times the hourly rate of the employee. (d) 1. If a bargaining unit member has accrued earned overtime, he or she may elect, with the approval of the Deparbnent Head, to use compensatory time off rather than be paid for the overtime. 2. A bargaining unit member may accrue up to a maximum of one hundred twenty (120) hours of compensatory time in any Fiscal Year of which eighty (80) hours may be carried over from year to year. All_compensatory time in excess of eighty (80) hours up to one hundred twenty (120) hours must be used in the same Fiscal Year it is earned (and by September 30th) or the remaining balance of unused compensatory time up to forty (40) hours will be converted to the bargaining unit members current hourly rate of pay and added to their:first pay check in October. At the bargaining unit member's option they may request pay-out for all accrued compensatory time up to one hundred-twenty (120) hours earned in any fiscal year. Accrued compensatory time will be converted to the bargaining unit member's current hourly rate of pay and added to their first pay check in October. Written request for payout for all or partial accrued compensatory time must be submitted by the first week in September of each fiscal year. 9 @ 3. Bargaining unit member's wishing to use accrued compensatory time off must follow the same procedures as an employee wishing to take vacation time. In any situation, the bargaining unit member must receive prior approval to use compensatory time off except in emergency situations. The bargaining unit member's Deparbnent Head shall attempt to accommodate the desires of the employee as to the time off desired, work schedule and conditions permitting. (e) No bargaining unit member will be placed in a leave without pay status during the basic workweek in order to deprive him or her of the right to earn compensable overtime. Upon approval of the Department Head; employees may elect to flex their hours in excess of 40 hours within the same seven-day workweek. (f) Bargaining unit members shall be required to work overtime when assigned unless excused by the Deparbnent Head. Any bargaining unit member who desires to be excused from an overtime assignment shall submit to their Department Head a written request to be excused. In the event that the Deparbnent Head cannot schedule a suitable overtime work force from the complement of employees who have not requested relief from overtime, employees who have approved written relief requests on file will also be required to work overtime. (g) If a bargaining unit member leaves the service of the City s/he will be paid for all accrued compensatory time at the bargaining unit members current hourly rate of pay to a maximum of one hundred twenty (120) hours if earned and not used in any one fiscal year. 7.4: Call-Out When a bargaining unit member is called back to work after his or her normal work day, he or she shall receive a minimum of two (2) hours pay at the overtime rate. When a bargaining unit member is assigned to attend a scheduled City meeting to perform work after his/her normal work day; the bargaining unit member shall be entitled to a minimum of one (1) hour pay at the overtime rate, if applicable, and shift differential if appropriate. Travel time shall be included as time worked. Hours in excess offorty (40) hours per week will be paid at the rate of time and one-half(1 Y2) the bargaining unit members regular hourly rate of pay. 7.5: Shift Differential Any bargaining unit member who works either regularly scheduled hours or overtime hours that fall between 7 P.M. and 7 A.M. shall be entitled to a shift differential equal to five percent (5%) of their regular hourly rate of pay for each hour worked. The bargaining unit member must work a minimum of three (3) hours during the established hours set above before they will be entitled to receive shift differential. Any bargaining unit member who works less than three (3) hours will not receive shift differential for those hours worked. 7.6: The City will pay bargaining unit members the Florida State Statutes Mea1 A110wance for those members assigned a regular shift, who have completed their shift, and who have to cover a full additional shift when staff has a shortage and it was unexpected. 10 @ ARTICLE 8 SENIORITYILAYOFFIRECALL 8.1: Definitions: (a) City seniority is the total cumulative length of uninterrupted regular full.time or regular part-time employment of a bargaining unit member by the Employer, measured from the most recent date of regular employment by the Employer, except as provided in Section 8.2 below. (b) Classification seniority is the length of regular full-time or regular part.time service by a bargaining unit member in a job classification. (c) City seniority shall apply for the purposes oflayoff, vacation computation, service awards, or other matters based upon length of service. 8.2: Accrual of Seniority: (a) Employees shall be placed in a probationary status for the first six (6) months of employment in any job classification. Probationary employees accrue no classification seniority until they become permanent regular employees, whereupon their classification seniority shall begin from the date of entry into the classification. An employee who :has completed his or her initial probationary period shall continue to accrue City seniority notwithstanding subsequent probationary period(s) resulting from promotion to a different job classification. (b) Any bargaining unit member who is on an unpaid leave of absence shall not accrue, nor shall they loose, seniority. Seniority accrual shall begin on the first day of the members return to work. 8.3: Loss of Seniority: Bargaining unit members shall lose City and classification seniority only as a result of: (a) voluntary resignation; (b) retirement; ( c) discharge; (d) layoff for a period exceeding twelve months; (e) absence from work without authorization; (f) failure to return from military leave within the time limit prescribed by law; (g) approved leave of absence without pay of one (1) year or more. 8.4: Work Force Adiustment and Lay.off: (a) When work force adjustment becomes necessary due to lack of work, shortage of funds, discontinuance of operations, or the subcontracting out of City services, the Employer may lay- off employees. The CWA and the affected bargaining unit member(s) shall be notified in writing not less than sixty 60 calendar days prior to the effective date of such lay-of[ (b) If the City fails to provide the employee(s) with a sixty (60) day written notice oflay-ofl: the City will pay the employee(s) the equivalent of twenty (20) days of pay. Such payment will be 11 @ 6 paid in two (2) bi-weekly increments. ( c) The duties performed by any laid-off bargaining unit member may be reassigned to other bargaining unit members already working who hold positions in appropriate classifications. (d) No regular full-time bargaining unit member shall be laid-off while a probationary, part-time, or temporary employee remains employed in the same job classification. (e) Permanent, regular full-time bargaining unit members who receive a notice oflay-off shall have the right, in accordance with their seniority, to transfer or downgrade (commonly known as "bumping") or to take the lay-off. Bumping shall only be permitted in the event oflay-off, in accordance with the following procedures: (1) Affected bargaining unit members shall have five (5) calendar days, from the date they are notified by management of the lay-off, to notify management whether they desire to bump or take the lay-off. (2) Management shall identify the position that may be bumped within five (5) calendar days and explain the options to the affected bargaining unit member(s). Position classifications that are available for bumping will only be for the same grade or less than the bargaining unit members current position. If the bargaining unit member possesses the minimum qualifications for that position, and has greater City seniority than the present occupant of that position, the bumping shall take effect within five (5) calendar days from the date of the notification. If otherwise eligible, the bumped bargaining unit member may then proceed himself in accordance with Section 8.4 (d) of this article. In no event will a bargaining unit member bump another member in a higher classification. (3) In the event that two or more affected bargaining unit members have the exact same citywide seniority, the bargaining unit member with the least classification seniority will be laid off first. If both bargaining unit members have equal seniority, the bargaining unit member who applied for the position first will retain the position. This will be determined by the time/date stamp issued by Human Resources on the employment application when it was first received. (4) A bargaining unit member bumping to a different job classification shall be placed in a probationary period of six (6) months. If, in the opinion of the City, the bargaining unit member cannot satisfactorily perform the duties of the position to which the member has bumped, the bargaining unit member will be laid off. (5) A bargaining unit member bumping to a job classification which is lower than their present job classification will take a 3% per Grade not to exceed nine (9%) percent reduction in pay . and be placed on the pay scale to the closest step in the new job range. In no case will a bargaining unit member be paid more than the maximum rate of the lower classification. (f) Probationary employees shall have no bumping rights. An employee who is in a probationary status as of the date of notice of the lay-off, but who has previously achieved permanent status 12 in a lower job classification, may revert to such lower classification for the purpose of exercising bumping rights. If the employee reverts to the lower classification, their pay is adjusted to the pay they previously held prior to the promotion. (g) Regular part-time employees may only bump other part-time employees. (h) Exempt employees cannot bump into the bargaining unit unless they held a bargaining unit position within the past 3 years. 8.5: Recall: (a) Recall of laid-off bargaining unit members shall be made in accordance with City seniority. Initial contact shall be made by phone. If no response is obtained, a certified letter, return receipt requested, to the bargaining unit member's last known address, shall be mailed. Laid-off bargaining unit members who desire to be recalled shall keep the Employer continuously informed of their current mailing address, or lose their recall rights. (b) Within three (3) working days after receipt of a notice of recall, recalled bargaining unit members who desire to return to work must notify the Employer and advise that they intend to return to work, or they will lose their recall rights. Recalled bargaining unit members must return to work fit for duty within ten (10) working days of the receipt of a recall notice, or they will lose their recall rights. ARTICLE 9 MISCELLANEOUS PAID LEAVE 9.1: Bereavement Leave: (a) With the approval of the Department Head, paid bereavement leave, not to exceed five (5) consecutive working days (forty 40 hours), may be granted to a regular full-time or (twenty 20) hours for regular part-time bargaining unit member in the event of a death in the bargaining unit member's immediate family. For purposes of this provision, a "bargaining unit member's immediate family" is defined as the member's spouse, parent, step parent, child, step child, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, or any relative who is domiciled in the member's household. Funeral leave shall not be charged to annual leave, personal leave, sick leave or to compensatory time. Any absence in excess of five (5) days or forty (40) consecutive hours, in connection with approved funeral leave, will be charged at the bargaining unit member's discretion to accrued compensatory time, annual leave, sick leave, personal leave or, if no leave is accrued, to leave without pay. Said paid leave time shall be taken by the bargaining unit member within 14 calendar days. Within thirty (30) calendar days from the date the bargaining unit member returns to work from a death in the family, the bargaining unit member will file a copy of the death certificate of the deceased. Said death certificate will be attached to a leave request form and forwarded to the Deparbnent of Human Resources for processing. Failure to produce a death certificate will result in the bargaining unit member reimbursing the City for any paid leave taken under this Article. Any bargaining unit member found to have falsified his or her application to use this time will be disciplined up to and including dismissal. It is understood that under certain circumstances the bargaining unit 13 @ member will be unable to obtain a death certificate. In this event, in lieu of a death certificate, the bargaining unit member shall submit a newspaper account showing the death and the relationship of the deceased to the bargaining unit member and/or other appropriate criteria as deemed appropriate by the Director of Human Resources. (b) For non-immediate family, bargaining unit members have the option to use accrued annual leave, compensatory time or personal leave, for the attendance of funerals. Bargaining unit members will supply their supervisor with written notification for this request in as timely manner as possible. The supervisor will make every effort to comply with the provision of this section. In the event that the bargaining unit member does not have any accrued annual, compensatory, or personal leave they may request to use sick leave. 9.2: Court Leave/Jury Duty: @ (a) Bargaining unit members attending court as a witness on behalf of the City, any other public jurisdiction or for jury duty during their normal working hours shall receive leave with pay for the hours they attend court. The City of Sebastian Travel Policy will be used for travel expenses, excluding jury duty. (b) All bargaining unit members subpoenaed to attend court for work related reasons are eligible for leave with pay. Thos~ bargaining unit members who become plaintiffs or defendants are not eligible for leave with pay, unless the court appearance is a direct result of their employment. (c) Bargaining unit members who attend court or jury duty for only a portion of a regularly-scheduled work day shall report to their supervisor when excused or released by the court. (d) Bargaining unit members required to attend court or jury duty while on a scheduled vacation may be allowed to take court leave/jury duty instead of vacation leave for such period; provided the court attendance meets the requirements of this section. (e) Regular full time bargaining unit members required to attend court or jury duty on a scheduled day off are eligible to receivo up to eight hours pay, if required, at straight time. (~) Bargaining unit members who seek to be excused from duty under this section shall present official notice of their subpoena or jury duty notice to their supervisor at leasttwenty-four (24) hours in advance of the scheduled time unless the bargaining unit member actually receives less than twenty-four (24) hours advance noticej. Bargaining unit members who are required to be absent for either reason shall submit documentation to the Employer showing all days and hours of court leave/jury duty upon return to work. (gf) Consistent with existing City policy, the bargaining unit member shall remit to the Employer any and all compensation received for court leave/jury duty, excluding payment for travel and meals. 14 9.3: Conference Leave: The Employer may grant conference leave with pay, together with necessary travel expenses, for bargaining unit members to attend conferences, schools, and similar events designed to improve their efficiency, if considered to be in the best interest of the Employer. All leave and expenses will be recommended by the Deparbnent Head subject to approval of the City Manager. 9.4: Family And Medical Leave (a) In order to provide for uninterrupted coverage of the bargaining unit member's position, the bargaining unit member will notify his or her supervisor as soon as possible once they have knowledge of need for medical leave stating the approximate duration of the leave. Bargaining unit members may request a leave of absence without pay in accordance with the Family and Medical Leave Act of 1993 (FMLA). (b) When a bargaining unit member is determined by his or her physician to be medically unable to perform their normal job duties, the member may utilize accrued sick, compensatory and/or annual leave during their absence in conjunction with FMLA Leave. (c) Bargaining unit members may take a FMLA leave of absence without pay not to exceed ninety (90) days in a twelve (12) month rolling period for the birth or adoption of a child, to care for an immediate family member with a serious health condition, or the bargaining unit member' sown serious health condition. Additional leave without pay may be granted by the Employer based upon demonstrated medical necessity. 9.5 Military Leave The existing current City Policy pertaining to Military Leave will be followed for this Article. 9.6: Leave Without Pay (a) The decision to grant a leave without pay (leave of absence) is a matter of management discretion. It shall be incumbent upon each Deparbnent Head to weigh and to determine each case on its own merits, including time off for CW A business. (b) A bargaining unit member may be granted a leave of absence without pay for a period not to exceed one (1) year for sickness, disability, or other good and sufficient reasons which are considered to be in the best interests of the City. (1) Such leave shall require the prior approval of the Deparbnent Head and the City Manager or his designee. Before such leave of absence will be granted, the bargaining unit member must exhaust all accrued vacation, compensatory and, if appropriate, sick leave. (2) Voluntary separation from City employment, to accept employment outside of the service of the City, shall be considered an insufficient reason for approval of a request for leave of absence without pay. 15 @ (3) If for any reason a leave of absence without pay is given, the leave of absence may subsequently be withdrawn by the City Manager, and the bargaining unit member recalled to service. (4) A bargaining unit member granted a medical leave of absence must submit a written Doctor's note stating the length of time they will be out of work. In addition, the bargaining unit member must keep the Department of Human Resources advised of his or her current address at all times. A copy of this written status report will be forwarded to the City Manager. If a Doctor's note is not submitted, the bargaining unit member will be considered as on an unauthorized leave of absence and appropriate disciplinary action shall be taken. The bargaining unit member will be carried in a no pay status for all days that they are absent without medical authorization. (5) A bargaining unit member who obtains either part-time or full-time employment elsewhere while on an authorized leave of absence is required to notify his Department Head in writing within three (3) days of the acceptance of such employment or they will be terminfJfed from City employment. (6) Failure to comply with the notification requirements will result in the bargaining unit member being dropped from leave of absence status, in which case he/she must retur:rl to duty or be dismissed. (7) At least two (2) weeks prior to the expiration of the leave of absence, the bargaining unit member must contact the Department of Human Resources in order to facilitate the reinstatement process. (8) Failure by a bargaining unit member to return to work at the expiration of a leave of absence shall result in immediate dismissal from employment with the City. (c) Under no circumstances shall the City contrIbute any funds towards the CW A pension plan while the bargaining unit member is on an unpaid leave of absence. During the time the bargaining unit member is on leave without pay, the member will not accrue neither sick nor annual leave and accrual of seniority is suspended until they return to regular duty. (d) A bargaining unit member on an approved leave of absence may continue to participate in the group health insurance plan, provided that all necessary premium payments are made by the bargaining unit member. It is the bargaining unit member's responsibility to keep premium payments current. (I) The insurance premium payment must be made by the 20th of the preceding month in which the payment is due. If the payment is not made by the 20th of the preceding month in which it is due, coverage will be canceled as of the beginning of the delinquent period. (2) If coverage is canceled during an approved leave of absence, it may be reinstated upon the bargaining unit member's return to active duty consistent with the plan's requirements. 16 ca 9.7: Eligibility: Only regular full-time and regular part-time bargaining unit members are eligible for the, miscellaneous paid leaves provided by this Article. All such benefits are personal to the bargaining unit member and shall not be transferable. 9.8: Personal Leave (a) Each regular full-time bargaining unit member shall be entitled to three (3) days of personal leave per year. Such leave is subject to Deparbnent Head approval. Probationary employees (new hires) will not be entitled to use Personal leave time until they have completed their six (6) month probationary period. (b) All regular part-time employees shall receive three (3) days of personal leave per year. Personal leave days will be computed at one-half the rate of a regular full-time employee or four (4) hours. Such leave is subject to Deparbnent Head approval. Eligibility: 1. Temporary and seasonal employees are not eligible for personal leave. 2. Part-time employees working less than forty (40) hours per pay period are not eligible for leave benefits. (c) Personal leave may be used in fifteen (15) minute increments. (d) Personal leave requires advance written request, except in emergency situations. ARTICLE 10 SICK LEAVE 10.1 Eligibility/Accrual of Sick Leave: (a) Only regular full-time and part-time employees are eligible to accrue sick leave. Regular full- time employees will accrue sick leave at the rate of ninety-six (96) hours per calendar year or 3.692 hours per pay period. Regular part-time employees will accrue sick leave at the rate of forty-eight (48) hours per calendar year or 1.846 hours per pay period. Sick leave will accrue bi-weekly over twenty-six (26) pay periods. Part-time employees will accrue sick leave based on a forty (40) hour pay period. This is at one-half the accrual rate of a full-time employee. Part-time employees working less than a forty (40) hour pay period are not eligible to accrue sick leave benefits. Eligibility: 1 Temporary and seasonal employees are not eligible for sick leave benefits. 2. New employees start to earn sick leave from their date of hire. 10.2: Request for Sick Leave: 17 @ a) Any bargaining unit member who is incapacitated and unable to work shall notifY his/her immediate supervisor or designee within one (1) hour prior to his/her scheduled reporting time, except in an emergency situation. The bargaining unit member shall state the nature ofhis/her incapacitation, its expected duration, and the expected period of absence. The bargaining unit member shall repeat this procedure each day he/she is unable to report for work, unless excused by the Department Head. (b) If a bargaining unit member is absent from work in excess of three (3) consecutive due to an illness, the member must may submit a doctor's note to the Department Head, or his/her designee, attesting to the employees ability to return to work with or without restrictions. 10.3: Use of Sick Leave: B (a) Sick leave may be used for the following purposes: (1) employee ill health or; (2) medical, dental, or optical treatment required during working hours; (3) quarantine due to exposure to infectious disease; (4) employee ill health while on annual leave; (5) in connection with Workers' Compensation; (6) for death in employee's immediate family; and (7) illness of an immediate family member requiring the employee to remain at home. (b) Whenever it appears that a bargaining unit member abuses sick leave, such as when a member consistently uses sick leave immediately upon its being accrued or before and after holidays or weekends, the member shall be required to furnish a doctor's note vertlYingthat the member was medically unable to report to work on those days. Failure to provide such notice will result in no pay for the day (s) in question. (c) Sick leave may be used for absences due to illness or injury sustained while engaged in outside employment. (d) Bargaining unit members may not use sick leave during their first sixty (60) days of employment. If an employee resigns or is otherwise terminated during the first six (6) months probationary period, he/she will reimburse the City for all sick leave used by deducting the cash equivalent of hours used from his/her final pay check. (e) Upon separation from employment in good standing (resignation or retirement with a two-week Ilotice or medical separation), a bargaining unit member is eligible to be paid for a percentage of his/her accrued balance of sick leave up to a maximum of 600 hours. The percentage is as follows: If separated before completing first year 1 - 5 completed years of service 6 years to 10 completed years of service Oyer 10 y-ears completed years of service II years to 20 completed vears of service Over 20 years of completed service -0% -25% -50% 75% -75% -100% 18 (f) Every bargaining unit member entitled to sick leave benefits and who has been employed for one (1) full fiscal year and who does not take sick leave during a fiscal year (October 1st through September 30th) shall be given one (1) day's pay to be added to their paycheck during the first full pay period in December. Such bargaining unit member shall also be given his/her birthday off with pay, subject to the individual deparbnents work schedule. If work requirements do not reasonably permit the bargaining unit member to take time off from work onhis/her birthday, or if the birthday falls on a holiday or a regular day off, some other mutually agreed upon day near the bargaining unit member's birthday may be taken off with pay. (g) Once a bargaining unit member accrues 360 hours of sick leave they may at their option convert fifty (50%) percent of any unused accrued sick leave in excess of360 hours to annual leave on September 30 of each fiscal year. Bargaining unit members who elect not to convert their sick leave, will retain their sick leave benefit as currently provided in the contract. If the bargaining unit member is at the maximum vacation accrual on September 30 of each fiscal year, the sick conversion process cannot be allowed. ARTICLE 11 ANNUAL LEAVE 11.1 : Eligibility: Only regular full-time and regular part-time bargaining unit members are eligible to accrue paid annual leave. Probationary employees will be allowed to use accrued annual leave at the approval and discretion of their immediate Deparbnent Head or his/her designee: Temporary or seasonal employees are not eligible for the accrual of annual leave. 11.2: Rate of Accrual: (a) Annual leave is earned on a pro-rata basis. The bi-weekly pay period is divided over twenty six (26) pay periods. Full-time employees will accrue annual leave based on their years of service with the agency. The accrual rate for regular part-time employees will be at one-halfthe accrual rate of a regular full-time employee with the same number of years of service. Part-time employees who work a minimum of forty (40) hours per pay period will accrue annual leave. (see rate schedule below). To clarify the rate at which an employee accrues annual leave the following tables will be used. Eligibility: A. Temporary and seasonal employees are not eligible for annual leave benefits. B. Part-time employees working less than a forty (40) hour pay period are not eligible for annual leave benefits. Table #1: Full Time Employees Length of Service Bi-weekly Accrual Rate 19 Annual Leave Hours Earned 6 1 Year but less than 5 Years 5 Years but less than 1 0 Years 10 Years but less than 20 Years 20 Years and over 3.077 4.615 6.15 7.69 hours hours hours hours Table #2 Part-Time Employees Length of Service Bi-weekly Accrual Rate 1.54 hours 2.31 hours 3.07 hours 3.85 hours 1 Year but less than 5 years 5 Years but less than 10 Years 10 Years but less than 20Years 20 Years and over 11.3: Request for Annual Leave 80 hours (10 working days) 120 hours (15 working days) 160 hours (20 working days) 200 hours (25 working days) Annual Leave Hours Earned 40 hours 60 hours 80 hours 100 hours (a) A request for annual leave shall be submitted, in writing, to the bargaining unit member's Deparbnent Head. (b) A request for leave shall not be granted if the bargaining unit member has no accrued balance of annual leave. (c) The minimum charge against the accrued annual leave balance is fifteen (15) minutes. Fifteen (15) minutes shall be deducted from a bargaining unit member's accrued leave balance for each minute hour, or part thereof, that a bargaining unit member is actually absent from his/her duty station. (d) Annual leave may not be taken in advance of its approval by the Deparbnent Head. In an emergency situation accrued annual leave may be used only with the approval of the bargaining unit members deparbnent head or designee. (e) Except under unusual circumstances, Deparbnent Heads shall approve or disapprove a written leave request within five (5) working days after receipt of said request. (f) Annual leave shall not be used in advance of its being earned. 11.4: Use of Annual Leave: (a) Annual leave may be used for the following purposes: (I) vacation; (2) absences from duty for transaction of personal business which cannot be conducted outside of working hours; (3) religious holidays not designated as official holidays; (4) medical leave if sick leave balance has been exhausted; and (5) any other absences not covered by existing leave provisions, at the discretion of the Employer. (b) Any bargaining unit member who becomes ill while on annual leave may substitute accrued sick 20 B leave for annual leave for the period of illness. The bargaining unit member must submit a written request to the appropriate Deparbnent Head along with, medical certification from the attending physician as to the nature and duration of the illness. ( c) Bargaining unit members will not be allowed to carry over from one fiscal year to the next more than two (2) years' worth of accrued annual leave. If during the year the bargaining unit member accrues more than two (2) years' worth of annual leave, they will have until the last full payroll period in the fiscal year to bring their time balances down to the two (2) year maximum. If the bargaining unit member does not bring the time balance down to the two (2) year maximum by the last full payroll period of each fiscal year, they will forfeit all hours in excess of the two (2) year maximum carryover. Annual leave will continue to accrue beyond the limitations set forth above when a Deparbnent Head fails to grant annual leave when requested in writing by an employee under the provisions of this article. Proper documentation signed by the bargaining unit members deparbnent head will be forwarded to the Finance Deparbnent where it will be kept on file indicating the reasons for not granting the requested leave. (d) When a bargaining unit is out of work on approved annual leave and is called to work during their normally scheduled working hours, their leave banks will only be reduced by the n1.D11ber of hours they were off work. The bargaining unit member's rate of pay for hours worked will be the overtime rate of 1 Y2. If the bargaining unit member works beyond the normally scheduled hours, then overtime provisions will apply for those hours. At no time will a bargaining unit member earn time and one half for call back during the normally scheduled hours, then another time and half (for a total of 3x) for working over 40 hours in the work week. 11.5: Separation from Employment: Upon retirement, resignation, or other separation from City service, all regular full-time or regular part-time bargaining unit members shall be entitled to be paid for all ofhislher unused accrued balance of annual leave at the rate of pay received by the bargaining unit member on hislher date of separation. 11.6 Vacation Cash-in: (a) Bargaining Unit Members will have the option of cashing in up to (40) forty vacation hours per year if the following requirements are met: 1. The bargaining unit member has a minimum balance of 40 hours after the cash-in. 2. The bargaining unit member took at least 40 consecutive annual leave hours off during the previous year. Holiday hours do not count towards the 40 hours. (b) Request for cash-in must be submitted to the Human Resources Deparbnent by September 30th of each year. Payment will be made the first paycheck issued in December. ARTICLE 12 GRIEVANCE PROCEDURE 12.1: The procedure set forth in this Article shall be the exclusive method for resolving CW A and employee grievances. Grievances are defined as disputes concerning the interpretation or application by the 21 Employer of the terms of this Agreement. Oral reprimands are not grievable. 12.2: Most grievances arise from misunderstandings or disputes which can be settled promptly and satisfactorily on an informal basis at the immediate supervisor level. The Employer and CW A agree that every effort will be made by management and by the grievant, or grievants, to settle grievances at the lowest level possible. 12.3: General Provisions: (a) All references to days in this procedure are to calendar days. If the last day of any applicable time period is a Saturday, Sunday or holiday, the deadline is automatically extended to the close of business of the next working day. (b) Time is of the essence in this procedure. Although any time limit may be extended by mutual written agreement of the grievant or the CW A and the Employer, the failure of the grievant or the CW A to observe the applicable time limit shall constitute an abandonment of the grievance, absent a mutually agreed extension. 12.4: Procedure: SmU. Within seven (7) days of the incident giving rise to a grievance, the grievant shall explain and discuss the grievance orally with his or her immediate supervisor, who may call higher level supervision into the discussion in an effort to achieve a prompt satisfactory adjustment. The immediate supervisor will notify the bargaining unit member ofhislher decision within seven (7) days of the date of the discussion with the bargaining unit member. If the grievant is not satisfied with the immediate supervisor's decision, or if no decision is communicated to the bargaining unit member within the allotted time period, the bargaining unitmemher may appeal to Step 2 within seven (7) days of the due date for the Step 1 decision. Stml. Step 2 is initiated by the bargaining unit member filing with his Deparbnent Head a written grievance on the standard grievance form, attached as Appendix C. The Deparbnent Head shall schedule a meeting with the bargaining unit member within seven (7) days of the submission of the written grievance. Within seven (7) days after the Step 2 griev~ meeting, the Deparbnent Head shall issue a written decision concerning the grievance. If the grievant is not satisfied with the Deparbnent Head's decision, or if no decision is issued within the time allotted, the grievant may appeal to Step 3. ~. Within seven (7) days following the date of the Step 2 decision or the date on which it was due, whichever is earlier, the grievant may file a written appeal to the Human Resources Director, attaching all applicable grievance documents. A grievance meeting shall be scheduled within seven (7) days following receipt of the Step 3 appeal. At such meeting, the grievant may present evidence and argument in support of the grievance. Within seven (7) days of the grievance meeting, or within seven (7) days of the receipt of the Step 3 appeal if no grievance meeting is held, the Human Resources Director shall issue a written decision concerning the grievance. Step 4. Within seven (7) days following the date of the Step 3 decision or the date on which it was due, whichever is earlier, the grievant may file a written appeal to the City Manager. The City Manager will review all pertinent information and schedule a hearing including due process for 22 @ name clearing hearings and issue a decision within seven (7) days of the hearing or seven (7) days of receipt of the Step 4 appeal. If the issue falls within the range of minor disciplinary action, i.e., any discipline less than suspension without pay, the City Managers decision shall be final and binding upon the Employer and upon the grievant. In all cases other than minor discipline and performance evaluations, if the grievant is not satisfied with the Step 4 decision, the CW A may invoke the arbitration procedure of Step 5. S1mi The CW A may invoke arbitration by sending written notice to the Employer within fifteen (15) days of the date the Step 4 decision was issued or the date on which it was due, whichever is earlier. Invocation of arbitration by the CW A will not preclude settlement of the grievance at any time prior to the issuance of an arbitrator's award. 12.5: The parties will attempt to agree upon a mutually-agreeable impartial arbitrator. It: however;this cannot be done within seven (7) days following the Employer's receipt of the CW A's request for arbitration, representatives of the Employer and the CW A shall jointly submit a written request to the Director of the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) professional arbitrators. Upon receipt of the list, representatives of the Employer and CW A shall meet within ten (10) days and, beginning with the CW A, each shall alternately strike, one at a time, until only one (1) name remains on the list. The person whose name remains on the list shall be the arbitrator, and the parties shall jointly notifY the arbitrator of his /her selection. Either party may object to all names on the list, provided that objection is made prior to the commencement of the striking process. If this happens, a second joint request for a list will be made. 12.6: All arbitrations arising under this Agreement shall be conducted in accordance with the following rules: (a) The arbitrator shall have jurisdiction and authority to decide a grievance properly before him. (b) The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. (c) The arbitrator may not issue declaratory options and shall confine himself/herself exclusively to the question which is presented to him. The arbitrator shall not have the authority to determine any other issues not submitted to him. (d) Except in the case of termination as disciplinary action. the arbitrator shall not substitute hisIher judgment as to the wisdom or the degree of severity of disciplinary action imposed on any bargaining unit member by the Employer. The arbitrator's inquiry shall be limited to whether the Employer possessed evidence of misconduct before imposing the discipline ultimately imposed. In the event of the arbitration of a grievance arising out of the discharge of a bargaining unit member, the arbitrator is empowered to either sustain the discharge or, ifhelshe does not, he/she is empowered to reinstate the bargaining unit member with or without back pay, in whole or in part, as the circumstances warrant. Any award of back pay shall be reduced by any unemployment compensation or other compensation the bargaining unit member may have received. ( e) The fees and expenses of the arbitrator will be paid by the losing party. Each party shall bear the cost of its own witnesses and representatives. Any party requesting a transcript will bear its 23 @ G cost, unless otherwise agreed. (f) Copies of the Arbitrator's award, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to the parties within thirty (30) days of the hearing, unless the parties mutually agree to extend the time limit, and shall be final and binding on both parties. 24 APPENDIX C GRIEVANCE FORM (Type or Print Clearly in Ink) NAME OF GRIEVANT: DATE GRIEVANCE OCCURRED: A. Give Article(s) and Sections(s) of Contract which Grievant claims were violated: B. State concisely facts relied on by Grievant: C. State relief requested by Grievant: Signature of Grievant Signature of Union Representative Date Submitted 25 ARTICLE 13 HOLIDAYS 13.1: The following shall be paid holidays for all regular full-time and part-time of the City: New Year's Day Martin Luther King Jr. President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Day Christmas Day 13.2: Generally, when a holiday falls on Saturday, the preceding Friday will be observed as the holiday. When a holiday falls on a Sunday, the following Monday will be observed as the holiday. However, on occasions, another day of observance may be more appropriate; in such instances, the City Manager will establish the date and will notify all bargaining unit members in advance. (a) For Communications Technicians, Holidays will be observed on the actual Holiday. Communications Technicians or other employees not scheduled to work the holiday will receive 8 hours of pay not to be counted for overtime calculation. For example, if an employee is scheduled Tuesday thru Friday and the holiday falls on a Monday, the employee would receive 8 hours pay for the holiday. The holiday pay would not to be included as hours worked for the purpose of overtime calculation. 13.3: No regular full-time or part-time bargaining unit member shall receive pay for a holiday unless helshe is in an active pay status or actually works his/her normal work schedule on the work day immediately preceding and the work day immediately following the day on which the holiday is observed. For purposes of this Article, "active pay status" means any approved leave with pay. 13.4: For holiday purposes, a holiday is defined as eight (8) hours for regular full-time bargaining unit members and four (4) hours for regular part-time bargaining unit members. Holiday time for regular part-time bargaining unit members will be computed at one-half the rate of a regular full-time bargaining unit member who works an eight (8) hour day. 13.5 If a bargaining unit member works on the day of a holiday they will have the option of requesting overtime for the hours worked at the time it is earned or request compensatory time in lieu of pay. The bargaining unit member must notify their immediate supervisor in writing oftbeir option no later than the last work day before the holiday. If the option is not presented to the supervisor on or before the last work day before the holiday, overtime pay compensation will be used. Eligibility: A. Temporary and seasonal employees are not eligible for holiday leave time. 26 GiJ B. Employees working less than forty (40) hours per pay period are not eligible for holiday leave benefits. ARTICLE 14 PROMOTIONS. TRANSFERS AND ADJUSTMENTS 14.1: Any bargaining unit member who fulfills all applicable requirements for another classification with a higher rate of pay may be promoted to that position. Vacancies in positions above the lowest rank in any classification will be filled, as far as practicable, by the promotion of current bargaining unit members. To this end, all promotional opportunities will be advertised initiallv in-house for ten (10) five (5) days. Such vacancies may be filled from outside only if no qualified current bargaining unit member applies. A bargaining unit member whose last performance rating was less than satisfactory is ineligible for promotion. 14.2: a) When a bargaining unit member is promoted to a higher Grade position, his/her new rate of pay shall be Step 1 applicable to that position. If the bargaining unit member's current salary is higher than the Step 1 rate for the position to which promotion is made, the bargaining unit member shall receive a two step increase in pay from hislher current rate of pay. Subject to the approval of the City Manager, a greater promotional increase may be recommended by the Deparbnent Head. b) When a bargaining unit member is adjusted to a lower paid position (voluntarily or through disciplinary action), he or she will take a 3% reduction in pay per GradeJo the closest step in the new job range. In no case will the salary be higher than the maximum rate or lower than the Step 1 for the lower classification. 14.3: The effective date of a bargaining unit member's demotion or promotion to a new job classification shall be the bargaining unit member's new classification anniversary date for the purposes of classification seniority determination. The bargaining unit member must serve a six (6) month probationary period in the new job classification. If at any time during the probationary period, the bargaining unit member is found to be unqualified for the position or incompetent to perform the duties of the new position, he or she shall be returned to the position from which the transfer/promotion took place at their former rate of pay. If no vacancy exists, the bargaining unit member shall be laid off in accordance with the provisions of Article 8. 14.4: A bargaining unit member may be transferred between deparbnents when a vacancy exists in the same classification or pay grade, which is presently unoccupied. Such a transfer does not affect a bargaining unit members pay grade, pay rate, or anniversary date, but is subject to the following conditions: (a) The transfer must be approved by the affected Deparbnent Heads and the City Manager. (b) The bargaining unit member must serve a six (6) month probationary period in the new assigned deparbnent. (c) If at any time during the probationary period, the bargaining unit member is found to be unqualified for the position or incompetent to perform the duties of the new position, he or she shall be returned to the position from which the transfer took place if there is a vacancy. If no 27 @ vacancy exists, the bargaining unit member shall be laid off in accordance with the provisions of Article 8. (d) The City and the CW A agree that when there is a critical need for a bargaining unit member to work (operate a piece of equipment) in a higher job classification, such as a Maintenance Worker I filling in for a temporary period as a Maintenance Worker IT or a Maintenance Worker IT filling in for a Maintenance Worker ill, the bargaining unit member will receive the greater of a 3% increase to their regular hourly rate of pay (or Step 1 of the acting Grade )Jor each hour of work preformed at the higher classification. A temporary assignment means filling~in for another bargaining unit member who is on vacation, ill, has incurred a job related injury, on FMLA, in training or absent from work for any other legitimate reason Temporary assienments must be for three (3) consecutive days or more. The bargaining unit member who is working in the temporary higher job classification will receive a 3% increase in pay (or Step 1 of the acting Grade Hor all time worked after the third consecutive work day in that assignment. Requests for any temporary upgrades must be submitted by the immediate Department Head identifying the need for this position being filled and must be approved by the City Manager. Equipment Schedule: 1) Maintenance Worker I - Will operate all equipment except, excavator, dozer, and long arm mower. 2) Maintenance Worker IT - Will operate all equipment except for excavator and dozer. 3) Maintenance Worker ill - Will operate all equipment. ( e) Effective October 1, 2001 all Maintenance Workers who are assigned to the Public Works Department, and as a result of their position classification requiring them to have a CDL license will receive a two (2%) percent increase added to their base pay. This will be a one-time adjustment to Grandfather-In all Maintenance Workers who are employed by the City prior to October 1,2001. All new employees (Maintenance Workers) who are hired after October 1, 2001 will not be eligible for the two (2%) percent increase. (f) The Deparbnent Head, with the City Manager's approval, may, in writing, assign a bargaining unit member to a supervisor job classification for a temporary period. The affected bargaining unit member working a period of (3) three consecutive workdays or more shall receive a two- step increase (or Step lofthe Grade, whichever is greater). The bargaining unit member will be entitled to receive the salary increase for each day worked and all hours worked while in that temporary classification once the (3) three-day minimum has been met. (g) Bargaining unit members who are required to maintain a valid Commercial Driver License (CDL) will be responsible to pay the cost of the renewal of their own driver's license. The City will pay the bargaining unit member the difference between the base driver's license cost and the CDL License and any of the endorsements which the City requires of the bargaining unit member. 14.5 Effective 10/1/05, to promote self-improvement initiatives the City agrees to pay bargaining unit members obtaining an accredited certification in their respective field an incentive pay. Once ~ the 28 @ payment will be paid on a bi-weekly basis over 26 pay periods. It is the employee's responsibility to notify the City if the certification is current or expired. Certifications eligible for payment include, but not limited to the following: o ASE AutomotivelMed.lHeavy Truck certifications - $30 per certification, capped at $120 per year. AutO Technicians that obtain a Master's Technician designation will be eligible for $500 annually. o Professional in Human Resources - $120 annually. o Building Inspector Certifications - $50 per certification, capped at $250 annually. Building Inspectors that obtain the Chief Building Official designation will be eligible for $500 annually. o Insecticide spray license (one per deparbnent/division)- $120 annually. o Associates Degree from an accredited college - $500 annuallY7, limited to one (1) per employee, once Bachelor's degree has been attained, the $500 is forfeited in lieu of the $750 annually. o Bachelor's Degree from an accredited college - $750 annually. limited to one (l) per employee. Other certifications may be submitted for consideration for incentive money. Upon approval of the Deparbnent Head, Human Resources Director, and the City Manager, a dollar value consistent with the above scale will be established. ARTICLE 15 GROUP INSURANCE 15.1: During the term of this Agreement (October 1, 20OJi2- September 30, 200(2), the Employer agrees to pay the premium during the term of this contract to provide continued group insurance coverage to all regular full-time bargaining unit members. 15.2: In the event that the premium rate for dependent group insurance coverage increases, the Employer agrees to notify the CW A as soon as is practicable. The CW A agrees that the Employer may, at its discretion, obtain substitute insurance coverage from another carrier or require each covered bargaining unit member to contribute his pro rata share of the increased premium cost for dependent coverage, whichever may be applicable. In the event that the carrier increases the premium rate for dependent group insurance coverage the parties agree to abide by Section 15.3 of this Article. 15.3: Any full-time qualified bargaining unit member who elects to participate in the group insurance dependent coverage option plan will pay fifty (50%) percent of the cost of the premium. Any additional supplemental insurance that is optional coverage to the bargaining unit member and that member elects to purchase such optional coverage will be paid for in total by the member. 15.4: The City agrees to pay fifty (50%) of the costs of single coverage group (health only) insurance for up to two (2) years for qualified bargaining unit members who retire from the City after being employed by the City for twenty (20) years in a full-time capacity. ARTICLE 16 RE~MENTCON~UTION 16.1: Effective Apri129, 2001, the Employer agrees to contribute to the CW A/ITU Negotiated Pension Plan (hereinafter sometimes referred to as the Plan) nine (9%) of a bargaining unit member's annual gross 29 o earnings for each employee covered by this Agreement, for purposes of providing. pensions on retirement, death benefits, and other related benefits for covered employees of the Employer and other contributing Employers. The Plan is jointly administered by Trustees appointed in equal numbers by the Union and Employers under an Agreement and Declaration of Trust, and has been found by the Internal Revenue Service to be entitled to exemption under the Internal Revenue Code. 16.2: Contnbutions shall be paid to the CWA/ITU Negotiated Pension Plan, P.O. Box 2380, Colorado Springs, Colorado 80901, no later than the 15th of the following month, together with reports on fonns to be furnished by the Plan or the employer's printout, if in an acceptable format. During the effective period of this Agreement, this benefit will be paid monthly over a twelve (12) month period which will continue for the life of the Plan. 16.3: Title to all monies paid into the Plan shall be held exclusively by the Trustees in trust for use in providing the Benefits under the Plan and paying its expenses. 16.4: The Employer recognizes that in addition to the Union's right to enforce this section, the Union shall have the right in its discretion to take any legal action necessary to collect any contributions or monies due and owing to the Plan and to secure delinquent reports. The Employer :further agrees that the Union shall have the right to collect reasonable attorneys' fees and expenses incurred in connection therewith. The Employer shall supply to the shop steward (chapel chairman) the union representative's copy of the Negotiated Pension Plan employer report forms or a copy of the Employer's printout forms on a quarterly basis. Eligibility: A. Only regular full-time bargaining unit members are eligible for inclusion in the CW A/ITU Negotiated Pension Plan. B. New regular full-time employees are eligible for entry into this Plan as of the first day of the next full pay period following sixty (60) days from their date of hire. 16.5: Effective October L 2006, the City will match contributions to an employee 457 plan up to 1% of employee wages. ARTICLE 17 PERFORMANCE EVALUATION 17.1: Purpose: The purpose of the City of Sebastian performance appraisal program is to provide a consistent practice of establishing written goals and evaluating the performance of the bargaining unit member. It is needed to help measure, improve, and reward bargaining unit member performance, to assist departments and the agency to meet their goals. 17.2: Definitions: A. Annual Performance Appraisal. The bargaining unit member's performance is appraised by the supervisor no later than the first day of the month of his /her classification date each year. The 30 @ period of appraisal is the period of time since the bargaining unit member's last performance appraisal. B. Special Performance Ap,praisal. Special appraisals are performed by the supervisor any time during the year for special reasons; i.e. change in pay, promotion, transfer, reassignment, etc. 17.3 Policy: Supervisors are to administer a bargaining unit member performance appraisal annually and special performance appraisals more often, as appropriate. The performance appraisal consists of evaluating previously agreed upon goals and objectives. The appraisal is to be used as a management tool to assist, motivate, and strengthen the bargaining unit member. Managers will also use the performance appraisal to help determine compensation, employee development and promotion. Where there is a difference of opinion concerning a performance appraisal between the supervisor and the bargaining unit member, the bargaining unit member will have the opportunity to express their differences in writing to the supervisor and the supervisor's evaluator. If the issue has not been resolved at this level, the bargaining unit member may activate the employee grievance procedure. Bargaining unit members rated unsatisfactoIy are not eligible for a step increase. Bargaining unit member's who receive an unsatisfactory rating for two (2) consecutive rating periods of any type may be terminated from employment for cause. 17.4: Statement of Philosoph v: Both the City of Sebastian and the CW A believe that the purpose of the performance appraisal system includes the following: a) to clarify both management's goals for the position and the bargaining unit member's goals; b) to monitor the bargaining unit member's achievements and to review areas of needed improvement; to make recommendations for improvement and establish time frames to achieve the recommended improvements. c) to facilitate communication between supervisors and bargaining unit members about the members job duties and establish a framework for open, constructive feedback; d) to encourage and develop time line plans for bargaining unit member development, growth and improvement. 17.5: Employee Appraisals: Performance appraisals for each bargaining unit member shall be submitted once each year using a City of Sebastian performance evaluation form. Bargaining unit members shall be evaluated by their appropriate administrator/supervisor. Bargaining unit members shall be given a minimum of three (3) work days notice prior to the evaluation meeting. At the time of such appraisal, the bargaining unit member's specific job duties, job description, and performance shall be reviewed by both the bargaining unit member and the supervisor to discuss patterns of performance for the past year and expectations or recommended plans for improvement for the upcoming year. Each bargaining unit member has the right to add written comments regarding the performance appraisal on the performance appraisal form, at the 31 @) time of any review, and subsequently if any changes are made. The bargaining unit member's signature on the performance appraisal form signifies that the performance appraisal has been reviewed with the bargaining unit member, but does not signify that the bargaining unit member agrees with the appraisal. Each bargaining unit member shall have the right to see any changes, deletions, or additions to the performance appraisal made by the immediate supervisor, a higher supervisor, deparbnent head; or administrator. Such changes shall be discussed with the bargaining unit member. The bargaining unit member shall be provided with a copy of the completed performance appraisal once it has been signed by all parties in the chain of command. The performance appraisal shall be placed in the bargaining unit member's official personnel file. Any appraisals which are not in the official file shall not be part of the official record of the bargaining unit member in considering discipline or future performance reviews. Bargaining unit members have the right to review their official personnel file upon and with proper notification. Under no circumstances shall supervisors use the performance appraisal as a substitute for disciplinary action. 17.6: Probationary Period: Each bargaining unit member selected to fill a vacancy for a continuing position or a temporary posted position shall serve a probationary period (as stated in Article 14) which is an extension of the selection procedure. The probationary period is to give the bargaining unit member an opportunity to demonstrate his or her ability to perform the duties of the position. The City may extend the probationary period for up to six (6) months beyond the classification date in order to allow the bargaining unit member the opportunity to correct deficiencies in his or her performance. Any absences without pay and absences covered by Worker's Compensation shall automatically extend the probationary period in accordance with Article 8. ARTICLE 18 SAFETY 18.1: The City and the CW A agree to continue meeting with the established Joint Safety Committee to ensure continuing, on-the-job safety in the performance of public services. The Committee shall be chaired by the City Manager, or his designee, and up to three (3) members will be selected by the City Manager and up to three (3) members selected by the CW A. 18.2: The Safety Committee shall meet regularly, as it may determine, to consider methods of maintaining and improving job-related safety. The Committee shall make recommendations by a majority vote for safety maintenance and improvement, which shall be given due consideration by the Employer. Written response must be made by the City Manager to the committee within twenty calendar (20) days ofreceipt of any written requests made by the Safety Committee. Such requests will be approved by the majority vote of the Safety Committee prior to being submitted to the City Manager. 18.3: The Employer and the CW A recognize the mutual responsibilities of management and bargaining unit members to promote a safe work place and agree to cooperate in maintaining City equipment and facilities in safe conditions. 18.4: The Employer agrees to make copies of the City Safety Manual available to all bargaining unit members to review. 32 @ 18.5: Any bargaining unit member who as a result of an act or by way of their own negligence and/or in violation of established safety standards and policy of the City causes damage to, or destruction of, property of the City without substantial justification or excuse shall be subject to disciplinary action, up to and including termination. Additionally, the bargaining unit member may be liable for up to the full cost of replacement or repair of the damaged or destroyed property. The provision of Article 19, Section 19.1 will apply. 18.6: Safe\)' Glasses: a. With the prior approval of the bargaining unit members Deparbnent Head, the City shall pay for one (1) pair safety glasses. Where prescription safety glasses are needed, the bargaining unit member, in conjunction with the City's Vision Care Plan, shall receive an eye examination not more than once every twelve (12) months. The bargaining unit member shall pay the deductible to the doctor for the eye examination. The City shall pay for the cost of the first pair of safety frames and safety lenses for those bargaining unit members required to wear prescription safety glasses not to exceed one hundred ($100) dollars. b. The City will also pay for the replacement of safety lenses due to on the job breakage or prescription changes, as needed. An incident report must accompany this request which details how the breakage occurred. The report must be signed by the bargaining unit member's immediate supervisor before being submitted. If the breakage was a result of the bargaining unit member's negligence, the member will pay the full cost of the replacement. Additionally, the bargaining unit member may be liable for up to the full cost of replacement or repair of the damaged or destroyed property. The provision of Article 19, Section 19.1 will apply. 18.7: Workers' Compensation: Any regular full-time employee who sustains a temporary disability as a result of and arising out of employment by the City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be entitled to the following: A. During the first eighty (80) working days of such disability, the employee shall receive net supplemental pay based upon hislher net take home pay reduced by the Worker's Compensation indemnity payment. B. Thereafter, the employee may utilize any accrued sick or annual leave in order to receive supplemental pay based upon hislher net take home pay reduced by the Worker's Compensation indemnity payment until such annual or sick leave is exhausted. C. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of absence to the employee for a period not to exceed one year. D. If any employee, due to an on-the-job injury, is temporarily or partially disabled from performing the duties of hislher classification, but is determined to be able to perform light duty by a physician designated by the City, the employee may be required to perform such duty or lose the employment connected disability leave supplemental benefits. Assignment to light duty shall be 33 @ considered a temporary assignment, without reduction in pay. Such a reassignment shall be to other duties commensurate with medical and mental fitness, subject to availability of suitable work, and the employee's qualifications for the position. However, an employee shall not be permitted to continue in a light duty position after reaching his/her maximum medical improvement. E. Any employee who suffers an employment connected injury may be required by the City to be examined every twenty (20) working days by a medical doctor, specified and provided by the City, who shall determine the employee's condition and fitness for full or partial return to duty. F. No employee will be entitled to employment connected with disability leave with the benefits described herein if the injury suffered has been determined to have been the result of intentional self-infliction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. G. While receiving employment connected disability benefits, an employee shall be entitled to all benefits which he/she would normally receive pursuant to his/her employment with the City. 18.8: Work Boots/Shoes: (a) The City will provide those bargaining unit members required to wear safety boots/shoes as a part of their job function one hundred ($+00120) per fiscal year. This will become effective October 1, 200+'2, payable to the bargaining unit member the first full pay period in October of each year. Any bargaining unit member receiving this benefit will be required to wear the safety boots/shoes at all times while performing their City job functions. If an employee begins employment after the first full pay in October, the boot allowance will be prorated by $&:-JJ 10.00 per month. Safety boots/shoes must meet the requirements as established by the deparbnent. (b) The City will also pay for the replacement of safety boots/shoes due to on the job damage caused as a result of an accident. An incident report must accompany this request which details how the damage occurred. The report must be signed by the bargaining unit member's immediate supervisor before being submitted. If the damage was a result of the bargaining unit members negligence, the member will pay the full cost of the replacement and may be subject to disciplinary actions as stated in section 18.5 of this Article. (c) If the bargaining unit member provides medical documentation signed by an attending physician stating that they cannot wear the safety boots/shoes due to a medical condition they will not be required to wear the safety boots/shoes. The bargaining unit member will also be exempt from the benefit provision as stated in section 18.8 (a) of this Article and will not receive the $+00 120 annual disbursement for safety boots/shoes. 18.9 If a bargaining unit member is provided work boots/shoes and the bargaining unit member does not complete the six (6) month probationary period for any reason, the cost of the work boots/shoes shall be deducted from bargaining unit members last pay check which will reflect the actual expense incurred by the city for the purchase of the work boots/shoes. 34 @ ARTICLE 19 DISCIPLINARY ACTION 19.1: Disciplinary action may be taken against any employee for just cause. ARTICLE 20 SALARY 20.1: Eligible bargaining unit members shall receive a g 1.% increase to their current step effective October 1, W@2006. 20.2: Effective October 1, 2,0042007, the City will provide all bargaining unit members with a pay increase ef ~1.% percent added to their base salary, i.e., excluding longevity, supplemental or any additional pay. 20.3: Effective October 1, ~2008, the City will provide all bargaining unit members with a pay increase of g1.% percent added to their base salary, i.e., excluding longevity, supplemental or any additional pay. ARTICLE 21 SUBSTANCE ABUSE TESTING The City's Policy regarding Substance Abuse Testing that is currently in effect-will be followed for the life of this Agreement. ARTICLE 22 UNIFORMS 22.1: The City shall provide and maintain uniforms to all members of the bargaining unit who are requiredto wear them. 22.2: All issued uniforms and equipment must be returned to the City. Failure to return issued uniforms and equipment will result in the bargaining unit member paying for the actual cost incurred by the city for the purchase of said uniforms. 22.3: Any bargaining unit member assigned a uniform will be required to wear the uniform at all times while performing his or her job functions. The City uniform shall not be worn at any other time or for any other reason. ARTICLE 23 TUITION REIMBURSEMENT 23.1: The City desires to help its bargaining unit members in their jobs by paying for business-related courses up to the limits of available funds for education during their off-duty hours. Therefore, the City's Policy regarding Tuition Reimbursement will be followed for the life of this Agreement. 35 @ 23.2: The following guidelines will govern tuition reimbursement: 1. Eligibility: Open to regular full.time bargaining unit members who have been employed by the City for at least one (1) year. A bargaining unit member desiring to participate in the City's Tuition Reimbursement Program should submit an application to his or her DeparlInentHead at least fifteen (15) days prior to the starting date of the course. If the Deparbnent Head recommends the course, the recommendation will be forwarded to the City Manager or his designee for final approval. 2. Approved training: Approved courses must directly relate to the bargaining unit member's current assignment which will improve his or her skills, knowledge and ability to performhis or her duties and will increase his or her potential for promotion. Such determination will be made by the Dep~t Head and the City Manager or his designee. Such courses must be offered by an approved technical or trade school or an accredited college or university. Att.endanc.e attbese courses must be during non-working hours. Post graduate (ex. Master's, Doctorate ,etc.) progran1S are not included within the tuition payment plan. 3. Recipients of scholarships: Any bargaining unit member receiving a scholarship or grant for education will not be eligible for tuition reimbursement. 4. Service Requirement: Bargaining unit members participating in the Tuition Reimbursement Program agree to remain employed with the City for a minimum of two (2) years following completion of the course(s). If the bargaining unit member voluntarily leaves the city service or is terminated for just cause prior to reaching the two (2) year requirement, he or she must reimburse the total cost of the tuition back to the City. 5. Grade Requirement: Successful completion of training must be accomplished through a grade "c" (2.0 average) for each course Qr better before reimbursement will be made. In courses which are offered on a "pass" or "fail" basis, a pass grade must be earned for reimbursement. 6. Reimbursement: Upon the successful completion of approved training, an original or a certified copy of the bargaining unit member's grades, along with proof ofhis or her payment of tuition such as a canceled check or receipt, will be submitted to the respective Deparbnent Head Such documentation will be forwarded to the Finance Deparbnent for reitnbursement. Transportation for such educational courses will be provided for by the bargaining unit member, unless such training is mandated by the City. 7. Maximum Reimbursement. The maximum tuition rate to be reimbursed for college-level courses is that established annually by the State Legislature. Should a bargaining unit member choose to attend a private school; he or she is responsible for paying the difference in tuition. Additionally, bargaining unit members will be authorized to take no more than two (2) classes per semester. ARTICLE 24 MERIT/STEP PAY PLAN 24.1: New bargaining unit members who at the end of the initial probationary period, and after six (6) months 36 @ from their date of hire (new employee only), will be eligible for a one-step increase, after receiving a satisfactory performance evaluation based upon satisfactory completion of work performance. 24.2: Annually on the date of classification, the bargaining unit members will be eligible for a one-step increase, upon receipt of a satisfactory performance appraisal of work performance. This will continue annually until the bargaining unit member reaches the maximum pay for his/her classification. 24.3: If the recommendation for an increase is for one-step, justification is stated on the performance evaluation and the pay increase will be implemented on the bargaining unit member's classification anniversary date. 24.4: In rare cases a Supervisor or Deparbnent Head may make a recommendation for a two (2) step increase. When this occurs the performance evaluation and justification (supporting documentation) forthe greater increase will go before the City Manager. The City Manager will review the information and either accept or reject the recommendation. The Deparbnent Head will be notified of the City Manager's decision and he/she will be responsible for informing the affected bargaining unit member. Note: Examples of supporting documentation would include letters of commendation from supervisors, deparbnent heads or citizens, being considered for or selected as an employee of the quarter and any other documentation that would help justify a two (2) step increase. 24.5: If the City Manager rejects the recommendation, then a one-step increase is given. The Department Head can request another review in thirty (30) days to convince the City Manager to approve the special merit increase. The City Manager's decision will be final in all requests for a two (2) step increase. 24.6: If a bargaining unit member changes job classifications, his or her job classification anniversary date will change, effective the date of the promotion or demotion. 24.7: Longevity Pay: Longevity pay will be awarded according to the following: A. Bargaining unit members, after having completed ten (10) years of continuous service with the City, will receive an increase in their base pay offive (5%) percent. The five percent increase will be added to their base pay effective the date of their ten-year anniversary date. B. Bargaining unit members, after having completed fifteen (15) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of their fifteen-ye~ anniversary date. C. Bargaining unit members, after having completed twenty (20) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of their twenty-year anniversary date. D. Bargaining unit members, after having completed twenty-five (25) years of continuous service with the City, will receive an increase in their base pay of seven and one-half (7.5%) percent. The seven and one-half percent increase will be added to their base pay effective the date o(their twenty-five-year anniversary date. 37 @ E. Said adjustment(s) will be based on the bargaining unit member's original date of hire regardless of the salary pay step the bargaining unit member is in at the time he or she attains the required number of years. F. Bargaining unit members in a part-time or temporary status at the time of their relevant anniversary date will not be eligible for longevity increases. G. Those bargaining unit members who have received a longevity increase in their ninth (9th) year will not be eligible for the ten (10) year longevity increase. ARTICLE 25 SEVERABILITY 25.1: If any Article of this Agreement (or any Section thereof) should be found invalid, unlawful, or not enforceable by judicial authority or by reason of any existing or subsequently enacted legislation, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 25.2: In the event of the invalidation of any Article or Section of this Agreement, the City and the CW A agree to meet within thirty (30) working days to discuss replacement of such Article or Section. ARTICLE 26 TERM OF AGREEMENT This Agreement provision shall commence on October 1, ~ 2006 subject to ratification and Council vote, and run through September 30,~2009. Any new benefits under this Agreement that do not have a specified effective date shall be instituted October 1,--2-G.W2006. In witness whereof, the parties hereto have entered into this Agreement on the 2!fJ-l day of September, 2006. COMMUNICATIONS WORKERS OF AMERICA Local 3180 CITY OF SEBASTIAN. FLORIDA Gary McCallister CW A Representative T Offence MooreAl Minner City Manager Ernest "Bucky" Gerber CW A Vice President Jim SextonDebra Krueger Director of Human Resources /,ntoine VanMeir Steve Jelmings CW A Chief Steward 38 ~ ATTEST: APPROVED AS TO FORM: Sally Maio City Clerk Rich Stringer City Attorney 37 J HOME OF PWCAN ISI.Al'iD City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Ordinance No. 0-06-19 Council Expense Account Agenda No: OG, (51 ~ f, r Submittal by: r:: Deparbnent Ori~itv Cler1<~ City Attorney: ~ Date Submitted: 9/21/06 For Agenda of: 9/27/06 Exhibits: 0 - 0 6 -1 9 SUMMARY STATEMENT City Council, at its September 20, 2006 Special Meeting Budget Hearing, passed a motion to include an additional $200 as a Council car allowance. The City Attorney has prepared an ordinance for first reading with the following provisions: That the additional $200 be added to the existing $50 expense account to be used for all expenses including incidental travel within 75 miles radius of Sebastian, and that travel beyond 75 miles radius is reimbursable under current FS regulations, IRS mileage, and our current travel policy. The Legislative Budget travel line will be adjusted to accommodate this amendment upon adoption of Ordinance No. 0-06-19. RECOMMENDED ACTION Pass Ordinance No. 0-06-09 on first reading and set public hearing for October 11, 2006. @) @ ORDINANCE NO. 0-06-19 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, REGARDING COUNCIL EXPENSES AND CITY TRAVEL POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, it is in the best interest to modify the existing policies of the City concerning travel and City Council expenses due to impracticalities in accounting for the same under the current system and to further compliance with the City's charter form of government. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 2-34 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-34. Expenses of council members. There shall be paid to each council member a two hundred fifty ($250.00) dollar per month expense allowance as lump sum reimbursement for incidental expenses, including costs for travel within seventy-five miles of the City. A Council Member may file a written notice with City Clerk that the expense allowance is declined. Section 2. That section 2-35 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-35. Travel authorization and reimbursement. Council member shall obtain prior authorization for travel more than seventy-five miles outside the City of Sebastian at a regular city council meeting. Such authorization shall be by majority vote of the council members in attendance. Appointment by the council of a member to be the city's representative to a committee or agency shall be deemed to be authorization to attend meetings of said committee or agency. @ Council members shall be reimbursed for their actual and necessary travel expenses in accordance with policies and procedures adopted by resolution, including mileage costs for travel beyond seventy-five miles. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. 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 Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. 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 5. immediately. EFFECTIVE DATE. This Ordinance shall become effective 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 Councilmember Sal Neglia Council member AI Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of , 2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney 00 HOME OF PELICAN ISLAND MEMORANDUM To: From: Mayor Burkeen and City Council Members Sally Maio, MMC - City Clerk ~ AI Minner, City Manager; Rich Stringer, City Attorney; Donna Cyr, Records Program Manager cc: Subject: Adjustment to Duplication Costs for DVD, CD, VHS, and Audiotapes Date: 9/21/2006 In 2004, City Council, by resolution, repealed a 1984 resolution which provided for ten cents per paper copy of City records. The 2004 resolution by repealing established rates, gave administrative authority for determining the cost of duplication to be in accordance with Florida public records law: An excerpt of FS 119.07 is set out below: (4) The custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are authorized: (a) 1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 81/2 inches; 2. No more than an additional 5 cents for each two-sided copy; and 3. For all other copies, the actual cost of duplication of the public record. (b) The charge for copies of county maps or aerial photographs supplied by county constitutional officers may also include a reasonable charge for the labor and overhead associated with their duplication. (c) An agency may charge up to $1 per copy for a certified copy of a public record. (d) If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both. DiP ,/5:2 @) City Council also passed Resolution No. R-05-09, which adopted a "City of Sebastian Public Broadcast Policy", and it states within the policy that, "Requestors of copies of meeting/programs aired will be charged the actual cost of duplication for each meeting/program. Copies will be dubbed in DVD or VHS format. The copy shall include the entire meeting/program without editing. Staff will not custom-edit portions of any program. If DVDs or VHS tapes are mailed, a $5.00 postage and handling charge will be added and must be paid at the time of the request. 11 In keeping with the determination that fees be established administratively and based on actual costs incurred as provided by Florida Statutes, I am adjusting the cost for DVD, CD, VHS, and audiotape copies based on time spent (15 minutes) and material as follows: Audiotape - $3.00 DVD or CD - $5.00 VHS - $10.00 Audiotapes are duplicated on a separate piece of equipment and do not incur too much labor time. DVDs and CDs must be duplicated through computer and take approximately fifteen minutes. VHS duplication must be done by MIS in actual time and are more labor intensive. @ 2