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Home My WebLink About10252006 Cffi'Of HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 25,2006 -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. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER PATERNOSTER 3. MOMENT OF SILENCE 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 - 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. 1-17 A. Approval of Minutes - October 11, 2006 Regular Council 06.155 19-22 B. Authorize Road Closures and Logistics Associated with 2007 Pelican Island Wildlife Festival (Public Works Transmittal, Letter) -Close Indian River Drive From Harrison Street North to Jackson Street from 6:30 am to 8:00 am For 5K Run -Close Sebastian Blvd. From Just Past Hess Station East to Indian River Drive and Indian River Drive From Sebastian Blvd. South to Harrison Street From 6:30 am to 5:00 pm -Restrict North Half of Yacht Club Boat Ramp From 9:00 am to 4:00 pm to Load and Unload People for Pontoon Boat Tours 8. COMMITTEE REPORTSIRECOMMENDATIONS - none. 9. OLD BUSINESS 06.150 23-68 A. Resolution No. R-06-23 - Collective Bargaining Agreement Between the City of Sebastian and the Communications Workers of America, Local 3180 (HR Transmittal, Tentative Agreement, R-06-23, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COMMUNICATION WORKERS OF AMERICA (CWA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2009; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 10. QUASI-JUDICIAL PUBLIC HEARING Procedures for Quasi-Judicial Hearing: -Mayor Opens Hearing -City Council Members Disclose Ex-Parte Communication -Applicant Or Agent Makes Presentation In Favor Of Request Following Swearing In By City Clerk -Staff Presents Findings And Analysis Following Swearing In By City Clerk -Council Asks Questions Of The Applicant And Staff -Mayor Opens The Floor For Anyone In Favor Of The Request (Anyone Presenting Factual Information Shall Be Sworn But Anyone Merely Advocating Approval Need Not Be Sworn In) -Mayor Opens The Floor For Anyone Opposing The Request -Applicant Provided Opportunity To Respond To Issues Raised By Staff Or Public -Staff Provided Opportunity To Summarize Request -City Council Deliberation And Questions -Mayor Calls For A Motion -City Council Action 06.142 69-109 A. Approval of Site Plan Application, Conditional Use Permit and Waivers from Riverfront Overlay District Requirements for Two Story Hotel Resort at 1034 & 1109 Indian River Drive (City Attorney Transmittal, Staff Report, Moia Letter, Advertisement, Architectural Plan Submitted to Staff, Architectural Plan Submitted to P & Z, Site Plan) 11. 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 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Ms. Coy B. Mr. Paternoster C. Mr. Neglia D. Mr. McCollum E. Mayor Burkeen 2 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. Regular City Council Meetings are Scheduled for Live Broadcast on Corneast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. UrJComina Meetinas: November 8, 2006 December 13, 2006 3 HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 11, 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. Council Member Neglia led the Pledge of Allegiance. 3. Father John Morrissey, St. Sebastian Catholic Church, gave the invocation. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster City Council Absent: Council Member Nathan McCollum (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Airport Director, Joe Griffin Records Program Manager, Donna Cyr Police Lieutenant, Greg Witt Park Superintendent, Chris McCarthy 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) On MOTION by Ms. Coy and SECOND by Mr. Neglia, the agenda was accepted as presented on a voice vote of 4-0. G:) \ . / Regular City Council Meeting October 11, 2006 Page Two 06.024 06.023 1-6 7-16 06.154 17-30 !::\.l .i L0 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS A. Certificate of Appreciation to Kari Lanning for Construction Board Service Mayor Burkeen presented the certificate to Kari Lanning. B. Certificates of Appreciation to Code Enforcement Members: Ron VanBuskirk. Howard Brauer, Steve Lincoln. Clarence Barton. Barbara Beck. David Johns. Carl Anderson. Ed Dodd Mayor Burkeen presented the certificates to the Code Enforcement Board members present who were present. 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 - 9/20/06 Special City Council Meeting B. Approval of Minutes - 9/27/06 Regular City Council Meeting C. Consideration of Legal Fees for Council Members Coy & Neglia (Invoices) The City Attorney said for the record on the vote on item C, Ms. Coy would file a voting conflict on her legal fees and Mr. Neglia would file a voting conflict on his legal fees, and they would not be voting on their own item. Mayor Burkeen removed item C. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, consent agenda items A and B were approved on a voice vote of 4-0. Item C Mayor Burkeen asked if there is another on-going ethics violation review by the State of Florida Ethics Commission or is this the only one. The City Manager said this is the only one that the City has been informed of. The City Attorney stated if he had knowledge of any current investigation or if any officer of the City had knowledge, because it is by law "confidential," we would not be allowed to discuss it. 2 Regular City Council Meeting October 11, 2006 Page Three On MOTION by Mayor Burkeen, and SECOND by Mr. Paternoster, Council agreed to pay Council Member Coy's legal fees on a roll call vote of 3-0 (Coy abstained - see voting conflict form attached) On MOTION by Mayor Burkeen and SECOND by Mr. Paternoster Council approved payment of Council Member Neglia's legal fees on a roll call vote of 3-0 (Neglia abstained - see voting conflict form attached). 8. COMMITTEE REPORTS/RECOMMENDATIONS - none. 9. PUBLIC HEARING 06.062 31-84 Public Hearing and Final Adoption of Proposed Charter Amendments for Placement on March 13. 2007 General Election Ballot A. Ordinance No. 0-06-09 - Proposed Charter Amendment Question #1 (City Clerk Transmittal. Ordinance Nos. 9-19. Legal Ad. Website Information. Channel 25 Information) 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 1.02(1) OF THE CITY CHARTER TO RESTRICT THE CITY'S ABILITY TO PURCHASE LAND; PROVIDING FOR THE 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. Mayor Burkeen opened the public hearing at 7:08 p.m. The City Attorney read Ordinance No. 0-06-09 by title, read the ballot question and explained its intent. There was no public input, and Mayor Burkeen closed the hearing at 7:10 p.m. On MOTION by Mr. Paternoster, and SECOND by Ms. Coy Ordinance No. 0-06-09 was adopted on a roll call vote of 4-0. B. Ordinance No. 0-06-10 - Proposed Charter Amendment Question #2 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 2.06 OF THE CITY CHARTER TO PROVIDE FOR SUCCESSION TO THE OFFICES OF MAYOR AND 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. Mayor Burkeen opened the public hearing at 7: 11 p.m. The City Attorney read Ordinance No. 0-06-10 by title, read the ballot question and explained its intent. There was no public input, and Mayor Burkeen closed the hearing at 7: 12 p.m. (:;'" o 3 Regular City Council Meeting October 11, 2006 Page Four On MOTION by Mr. Neglia, and SECOND by Ms. Coy, Ordinance No. 0-06-10 was adopted on a roll call vote of 4-0. C. Ordinance No. 0-06-11 - Proposed Charter Amendment Question #3 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 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. Mayor Burkeen opened the public hearing at 7: 12 p.m. The City Attorney read Ordinance No. 0-06-11 by title, read the ballot question and explained its intent. Mayor Burkeen said he had spoken to Kay Clem, Supervisor of Elections, who told him if the City held an election in November in an off year it would bear all administrative costs, and when held in conjunction with other November elections, Sebastian issues would always appear at the end of every ballot. Mr. Neglia said he had been told if we move to November, other cities in Indian River County might come in on November elections. Ms. Coy said she had heard both sides of the issue but that people were weighing in on November. The City Clerk said she had been given a ballpark of $53,000 and that the last election cost $28,000. Mr. Neglia said he thought the cost was $40,000. Mr. Paternoster said he had heard both sides as well and the majority of people were leaning toward November for a higher voter turnout. He said he also knows that other cities are thinking of going this way. The City Clerk said currently we share costs of the March elections with other cities in Indian River County. Mr. Paternoster asked for clarification that if the November elections passed, it could be not be changed for five or seven years. The City Attorney explained to Mr. Paternoster that Council can bring a Charter amendment to any election or special election without having it wait and be proposed by the Charter Review Committee. The City Clerk also noted that Florida law allows Council to change the time of the election by ordinance and without a ballot question, however, this was not suggested to Council because of its reputation for bringing issues to the people so it was brought forward as a Charter amendment for ballot. Mayor Burkeen closed the hearing at 7:19 p.m. @ 4 Regular City Council Meeting October 11, 2006 Page Five Mr. Paternoster suggested some clause that states if it doesn't work we could go back to March. Mr. Neglia noted the cost of the stand-alone election would not be incurred until FY 2008/2009. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Ordinance No. 0-06-11 was adopted on a roll call vote of 4-0. D. Ordinance No. 0-06-12 - Proposed Charter Amendment Question #4 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. Mayor Burkeen opened the public hearing at 7:19 p.m. The City Attorney read Ordinance No. 0-06-12 by title, read the ballot question and explained its intent. Russell Hermann, 586 Russell Court, said the Charter Committee recommended that the people should decide the increase of Council salaries and he urged that this question be placed on the ballot. Eugene Wolff, Wimbrow Drive, said he would like to keep the proposal on the ballot. Dale Simchick, 763 Easy Street, Sebastian, agreed that the issue should go to the ballot to put us in line with Vero Beach salaries. Mayor Burkeen said the committee was extremely generous, and for him, he did not get into this for the money, and thought it was an excessive amount. Mr. Neglia said he felt that the people should decide, and if we okay this we get a $300 expense account on top of this. He said he appreciated what the Charter Review Committee did, but recommended the salaries stay the same and only the CPllanguage be added. The City Clerk noted for the record that Mr. McCollum recommended that only the CPI language be added at the last Council meeting. Ms. Coy said perhaps we should adjust up the salaries and reconsider the expense account, and recommended maybe a number somewhere in the middle and that the people should decide. She said $600, $700 and $800 was suggested by Mr. Neglia at a previous meeting and agreed that this might be a better way to go. @ 5 Regular City Council Meeting October 11, 2006 Page Six o Mr. Paternoster said the people should decide, and that he had heard negative comments only from Harry Enderlein of the Charter Committee. He agreed with Ms. Coy's recommendation of $600, $700 and $800. Damien Gilliams, Sebastian, agreed with Ms. Coy, noting the Charter Review Committee based its recommended salary on the position and not this Council individually and this needs to be taken into account if we want quality people on Council. Mayor Burkeen closed the hearing at 7:37 p.m. On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-12 was adopted as amended to reflect salary amounts of $600, $700 and $800 respectively with the CPI remaining on a roll call vote of 4-0. E. Ordinance No. 0-06-13 - Proposed Charter Amendment Question #5 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. Mayor Burkeen opened the public hearing at 7:37 p.m. The City Attorney read Ordinance No. 0-06-13 by title, read the ballot question and explained its intent. He said the concern was there be sufficient time for notice and that meetings be held after 5 pm to allow people to attend but in cases of public emergency these requirements would not apply. There was no public input and Mayor Burkeen closed the hearing at 7:38 p.m. On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-13 was adopted on a roll call vote of 4-0. F. Ordinance No. 0-06-14 - Proposed Charter Amendment Question #6 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 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. Mayor Burkeen opened the public hearing at 7:39 p.m. The City Attorney read Ordinance No. 0-06-14 by title, read the question and explained its intent, stating that in a true Council-Manager form of government the Council sets policy and the City 6 Regular City Council Meeting October 11, 2006 Page Seven Manager is supposed to execute that policy to achieve the Council's goals, such as how to set up departments and process. There was no public input and Mayor Burkeen closed the hearing at 7:40 p.m. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Ordinance No. 0-06-14 was adopted on a roll call vote of 4-0. G. Ordinance No. 0-06-15 - Proposed Charter Amendment Question #7 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 3.06 AND DELETE SECTION 3.07 AND 3.08 OF THE CITY CHARTER TO PROVIDE FOR A POLICE DEPARTMENT 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. Mayor Burkeen opened the public hearing at 7:40 p.m. The City Attorney read Ordinance No. 0-06-15 by title, read the ballot question and explained its intent, stating the Charter is your constitution and that many of the current provisions get into minutia and most provisions in this section are actually authorized by Florida law and by required law enforcement personnel certification requirements. He then explained the three branches of City government are the City Clerk, City Manager and City Attorney. He said by approving this it would remain the policy that the City will maintain a Police Department that will be administered by the City Manager. Dale Simchick, 766 South Easy Street, Sebastian, said she was confused with this language and requested further clarification. In response to Mayor Burkeen, the City Attorney said under Florida law in a Council- Manager form of government ultimately it is the City Manager who is in charge of the Police Department. Mr. Paternoster said he has done extensive research, had telephoned the Florida Department of Law Enforcement General Counsel in Tallahassee, who referred him to the regional representative Robin Davis. He offered an amendment to 3.06 (see attached to the minutes) for consideration. He said if this suggested language is not in the charter things can happen and we want to make sure we protect and serve our City, citizens and law enforcement personnel. Mr. Neglia said Mr. Paternoster's suggestion gives him something to consider. Ms. Coy said she was under the impression that police officers already have to comply with Florida certification requirements. G) 7 Regular City Council Meeting October 11, 2006 Page Eight o The City Attorney said unless you are certified under Florida law, you are not allowed to be a sworn officer. Ms. Coy said she was satisfied with the explanation of the verbiage the last time we went through this, and hopes the public will understand it. She said the Police Chief had blessed this at Council's last meeting. The City Attorney said reorganization of agencies happens at the State level and agency designations can change. Mr. Paternoster then suggested adding that they have to meet or exceed state qualifications set forth by the State of Florida. Mayor Burkeen asked Mr. Paternoster if this would tie the City Manager's hands in that it would not allow him to create other voluntary enforcement personnel in addition to the sworn officers if this is the way the language read. Mr. Paternoster said he would not want to tie the City Manager's hands but would want the City Manager to hire the most qualified officers who meet the State requirements. Mayor Burkeen stated this is already required in the Statutes. Ms. Coy again said it is her understanding that we can add to State requirements if we want to exceed State requirements and it is redundant to add this language to the Charter if you are asking that they merely meet State requirements. The City Attorney then said everything we do in the City has to be done in accordance with State law so it is superfluous to add the language. Mr. Neglia said the City Manager does not hire the police officers, that the Chief does that. He suggested adding language referencing Florida law. Mr. Paternoster said there would be no requirement for the head of the department to be a sworn officer. The City Attorney said though there could be a director, there would have to be someone who is sworn in the chain of sworn officers who would be at the top. Ms. Coy said the Police Chief reports to the City Manager today, which is a civilian who is over the Chief, and it is not the intent of this Council to remove the Police Chief. She suggested a Chief be set out by ordinance and that will direct the City Manager to keep a Chief in place. The City Attorney said this would still direct the City Manager in an administrative area and if challenged in court it would be won. The City Attorney said the definition of law enforcement officer in Florida Statutes Section 943.10 includes all supervisory and command personnel. He said an there could be an administrative head who could handle budget and administrative matters but you would have to have what the State calls supervisory or command personnel who would have to meet State certified sworn officer requirements which is the equivalent of a Police Chief. 8 Regular City Council Meeting October 11, 2006 Page Nine Dale Simchick, 766 South Easy Street, Sebastian, suggested adding "and shall be headed by a Police Chief'. Mr. Paternoster said sworn law enforcement officers do not like to take direction from a civilian administrator. Damien Gilliams said the Chief reported to the Mayor before the City had a City Manager, and recommended that the Police Chief report to the Council but let the people decide. In response to Ms. Coy, the City Attorney said there are probably other cities somewhere who have Police Chiefs who are charter officers, however, if the City wants to go this way to make the Chief a charter officer, there are many other changes which would have to be made. Ms. Coy said she would not be prepared to rule on this tonight, would not be prepared to make the Police Chief a charter officer at this time and recommended we hold off on this for some further research of other cities and hear what the City Manager has to say. Mayor Burkeen closed the hearing at 8:18 p.m. On MOTION by Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-15 was tabled for further research on a roll call vote of 4-0. H. Ordinance No. 0-06-16 - Proposed Charter Amendment Question #8 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 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. Mayor Burkeen opened the public hearing at 8: 19 p.m. The City Attorney read Ordinance No. 0-06-16 by title, read the ballot question and explained its intent. He said this section merely removes language, which prohibits him from hiring an assistant as he deems necessary as other Charter officers are able to do. There was no input and Mayor Burkeen closed the hearing at 8:19 p.m. On MOTION by Ms. Coy and SECOND by Mr. Neglia, Ordinance No. 0-06-16 was adopted on a roll call vote of 4-0. ~'\ ) / 9 Regular City Council Meeting October 11, 2006 Page Ten I. Ordinance No. 0-06-17 - Proposed Charter Amendment Question #9 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 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. Mayor Burkeen opened the public hearing at 8:20 p.m. The City Attorney read Ordinance No. 0-06-17 by title, read the ballot question, and explained its intent. He explained this puts us back in line with Florida election laws relative to campaign reporting dates and removes other language that is set out in Florida law relative to ballots and voting methods that fall under the Supervisor of Elections' authority. There was no public input and Mayor Burkeen closed the hearing at 8:22 p.m. On MOTION by Mr. Neglia, and SECOND by Ms. Coy, Ordinance No. 0-06-17 was adopted on a roll call vote of 4-0. J. Ordinance No. 0-06-18 - Proposed Charter Amendment Question #10 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 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. Mayor Burkeen opened the public hearing at 8:22 p.m. The City Attorney read Ordinance No. 0-06-18 by title, read the ballot question, and explained its intent to change the Charter review time from seven to five years. There was no public input and Mayor Burkeen closed the hearing at 8:23 p.m. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia, Ordinance No. 0-06-18 was adopted on a roll call vote of 4-0. Mayor Burkeen called recess at 8:24 p.m. and reconvened the meeting at 8:30 p.m. All members present at roll call were present when the meeting was reconvened. @ ~ 10 Regular City Council Meeting October 11, 2006 Page Eleven 06.151 85-8~ Th, follqwina is public hearina and final adoption - not a charter amendment .' , . :',. ;J. ' ~~~ Ordinancf No. 0-06-19 ":'Council Expense Account (Citv ClerkTransmittal. 0-06-19) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, REGARDING COUNCIL EXPENSE AND CITY TRAVEL POUQE$;PROVIDING FeR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE D1TE. (PJ 10/1/06) I Mayor Burkeen opened the public hearing at 8:30 p.m. The City Ma~ger read Ordinance No. 0-06-19 by title only. . Mayor Burkeen noted this is a final reading of the ordinance for a coo, qm~ndment for the Council's expense account. . There was no public input and Mayor Burkeen closed the hearing at 8\31 p.m. I On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No.~-06-19was adopted on a roll call vote of 4-0. I 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC t Item that has occurred or was discovered within the previous six montlis which is not otherwise on the agenda I Lee Skinner, 12975 Roseland Road, Roseland, said upon returning froDmi being away for the summer she found there is oonstant air traffic overhead six days a week from 8 am to 5 pm, that she and her husbcrld have flown for years and noted this trcl1s been an intrusion in her life and her habRat has been destroyed by this noise. She said it seems as though tbere was an agreement at one time that w~en improvements were done to too airport by former Council, former City MltInager and former Airport Director they signed away resident's rights to have a sayrii"l what is over their heads every day by accepting funding from FAA. She said there isan understanding in every airport that you have to be a good neighbor, thai Flight Safety is coming in and flying a training program for 200 pilots., citing a sample IQ!}lshe faxed to the City today (see attached). She said she has not spoken to many pElaple yet, but said those she spoke to thoughfthat the runway change was going to be beiter for them but instead it got worse. Mayor Burkeen said Jackie James had also offered comments on this aad they were forwarded to the City Manager. The City Manflger said the correlation between the opening of the ne\MTUn~ay has a lot to do with this. He saic:tthere has been increased air traffic related to F1iQht Safety but would not capitulate to that there is a landing every one minute. Ms. SHinner clarified that the planes are not landing. @ 11 Regular City Council Meeting October 11, 2006 Page Twelve The City Manager said in the 1950s when the City first accepted the airport it made promises for maintenance and management. He said there is a good neighbor policy in place and he had contacted Flight Safety to ensure they are using all the airports in the area and vary their flight patterns so they are not constantly hitting the same area. He said beyond that it is unreasonable to expect that Flight Safety be banned from the airport, because they would have FAA officials before us to tell us what they intend to do and at this stage feels he and the Airport Director have handled it. He said their discussion with Flight Safety was last Wednesday. Mrs. Skinner asked the City to look at her log and that the City Manager's negotiating stance is very far apart from the residents of the community. The City Manager said the City did not bring in Flight Safety, they are not a tenant and are allowed to use the airport as any private pilot can and we cannot restrict the airport to a certain type of pilot. The City Attorney said this is not a debate, it is time to hear the audience, and if Council wants to hear staff comments Council will ask for them. Mayor Burkeen advised Mrs. Skinner to address her comments to Council. He then concurred the City did not invite Flight Safety and cannot restrict them. Mrs. Skinner recommended privatizing the airport. The City Attorney said we cannot privatize the airport but we can give it back to the federal government, which could then do whatever it wants to do with it. Mrs. Skinner asked if it was possible to close the airport. The City Manager said we can manage the airport or give it back. He told the Council the City manages the airport and we have rules and regulations we have to follow that are governed by FAA and we do not have the option to close the airport. He said if the community were to want to close the airport, the next step would be to give it back to FAA and they would decide what to do with it, which would not necessarily mean closing it. Todd Klitinic, Barber Street, said he had an on-going problem on Barber Street with ditches that need to be fixed and culverts that are blocked up, said four months ago Mr. Minner promised him he would come out and handle the problem (he provided photos). He said he had told three members of the Council at the Sebastian Property Owners meeting that Mr. Minner should be fired from his job, questioned why City workers were doing the job instead of the contractor and called for a vote of "no confidence." @ Mr. Paternoster asked the City Manager why City workers are in the ditches cleaning, and the City Manager said he has explained this to Council on a number of occasions in detailed memos and we have talked about the process to split the duties whereby Conlon worked on the north and we worked on the south because we had equipment that could get in the ditches to speed up the process. He said we were going to do our very best to meet the October 15t deadline, however, most of the ditches identified have been cut on the south side. 12 Regular City Council Meeting October 11, 2006 Page Thirteen The City Manager said when he arrived in Sebastian the ditches were in terrible shape, and had not been mowed in three to five years and in ten months as of October 11th most of the City's ditches have been mowed and some have seen repeated mowing and some have been dredged out. He said Conlon crews are mowing and City crews are coming behind dredging and herbiciding. He said it has been a tough fight and thinks we have done well, and believes that this project has been one of his biggest accomplishments since he became City Manager. The City Manager said the culvert under the road in question is permanently plugged for flow pattern and it can be looked at again. Mayor Burkeen said the ditch mowing is under way and it was discovered that the referenced ditch was mowed once four or five months ago and well before the October 1 st deadline. Mayor Burkeen asked him to give the Manager a chance because the ditch condition has come a long way. Damien Gilliams, Sebastian said this ditch cleaning is a monumental task and people need to be patient, said Nate McCollum called him and said he found money in Tallahassee for derelict boat removal, that he had asked him to find money for recreation on the riverfront, urged Council to make a wish list for funding from Pruitt, Poppell, Haridopolis and Mayfield; said he watched Bucky Gerber, CW A address Council and offered an idea to give staff bonuses by holding a barbeque cook-off and the money be used to reward City employees. He said he gave Dr. McGarvey a hard time at his press conference, discussed the 84 unit condominium as it relates to School Concurrency, said we have to be proactive and start planning today for next year's budget, said we need to put together an Economic Commission, bring back the Chamber, dust off the Patterson-Bach plan and use it. He congratulated the City Manager for bringing the City Attorney and City Engineer closer to him in City Hall. He recommended putting a breakwater on the Yacht Club ramp and seeking grant funds for it, and urged Council to start buying up property on the riverfront. Mr. Paternoster said Council and staff is working hard to get the Yacht Club back in shape and extend the finger pier. Mary ??, Helicon Terrace, requested a four way stop sign on Tulip and Barber Street due to increased traffic near Barber Street Sports Complex and the many children who cross the street there. Mr. Paternoster said Council will look into this but noted a Fire Department request for a stop light there was previously turned down. Mayor Burkeen said actually the fire department asked them not to put in a stoplight. Ms. Coy agreed traffic on Barber Street is horrifying. @ 13 Regular City Council Meeting October 11, 2006 Page Fourteen The City Manager said this would be brought to the Traffic Committee though he stated that stop signs are typically not put up to calm traffic but to affect flow. He said he could guarantee the answer from the committee would be that it is not appropriate in this case. He said he would bring it to the committee and will report back. Mr. Paternoster recommended we try to get something in there. He said he would like to know how many accidents there have been. Joann White, Easy Street, said the new Easy Street playground is a hit and thanked Council. Eugene Wolff, Wimbrow Drive, commended Mr. Neglia and Ms. Coy for turning in reasonable bills for legal fees, and suggested the City look into an umbrella policy for these types of fees, and have a procedure put in place for these types of issues. Damien Gilliams said the SRHS Sharks Band would compete in Vero Beach this weekend. 11. OLD BUSINESS - None 12. NEW BUSINESS 06.153 91-95 A. Richard Frank of Kin Music Productions Request for Use of Barber Street Sports Complex Football Field for Concert on October 21. 2006 from 6 pm to 9 pm - Sale of Food and Pizza - All Proceeds to Local Thanksaivina Food Baskets (Parks Transmittal. Kin Music Productions Letter. Park Use Application) The City Manager explained the request for use of Barber Street Sports Complex for a concert. In response to Mr. Neglia, Chris McCarthy said he had suggested Riverview Park, and Mr. Frank said he had requested the Barber Street Sports Complex due to its proximity to the Skate Park because this is the type of youth they are trying to reach. He said this is to reach kids who don't go to church and present a Christian venue. Chris McCarthy suggested a location at Barber Street that is furthest from residences. Mr. Neglia said he did not like this location due to its proximity to homes, questioned whether two police officers would be sufficient and whether there would be more people than 50-300, asked staff why the letter came in on September 6th and it is just here now, and expressed concern that Barber Street be kept a sports complex and Riverview Park be used instead. Mayor Burkeen agreed with Mr. Neglia on his issues, and said he would feel more comfortable with the event in Riverview Park. o 14 Regular City Council Meeting October 11 , 2006 Page Fifteen Mr. Frank said the music would be Christian metal, would work with and through Winter Beach Baptist Church, Crossroads Church and others and is a Christian based outreach program. Lieutenant Greg Witt recommended a minimum of two officers based on the stated number in the application, though he thinks there will be more people, however, if it is in Riverview Park it will be easier to control. He agreed with Mr. Paternoster's recommendation that a third officer could be on standby if needed. Chris McCarthy said he already has an area of Riverview Park rented out for a birthday party and Mr. Frank said he could be flexible with the date. On MOTION by Mayor Burkeen and SECOND by Mr. Paternoster a concert in Riverview Park was approved and Mr. Frank was directed to work with City staff to determine an available date on a roll call vote of 4-0. The City Manager said he would report back to Council on the date that is selected. 13. CITY ATTORNEY MATTERS The City Attorney reported on the issue of legal fees for Council noting that when these come to Council, under case law, Council is to determine whether they arose in the course of public duties and decide the reasonableness of the fees; said in regard to the Police Chief matters, he has no qualms with Council reshaping the City government, but was trying to keep us internally consistent with policies in place, and hoped he had not come off as argumentative; advised that Barber Street will never be solved until it is widened and it will not function much longer as a two lane road; said the Construction Board is going to conduct a workshop to review language and recommend changes to Council relative to fine increases; reported on Clambake Festival entertainment and events and reported local musicians are getting t~ether to do a concert and there will be a fund raiser for Pete Harris on Friday, November 3 during the festival; and said he and the Growth Management Director will be meeting with Fish and Wildlife on overgrown lots. 14. CITY MANAGER MATTERS The City Manager said the RFPs for sidewalks and quarter rounds are out. 15. CITY CLERK MATTERS The City Clerk announced: . The Charter Review Committee had been scheduled to conduct its final meeting on Tuesday, October 17, 2006 at 5:30 pm and then be formally disbanded, however, based on the tabling of one of the Charter ordinances it will now be held on the Tuesday following the final action of Council . Student Government Day on Wednesday, October 18, 2006 in City Hall ending with a mock Council Meeting - 9 am to noon C0-~' ... .~\ \ 15 Regular City Council Meeting October 11 , 2006 Page Sixteen . City Council Public Workshop on the Airport Business Plan on October 24, 2006 at 7:00 pm · Veterans Day Memorial Service at Riverview Park on Saturday, November 11, 2006 at 11 am 16. CITY COUNCIL MATTERS A. Mr. Paternoster Mr. Paternoster said his public forum would take place on October 24th from 5:30 - 6:30 p.m. to provide time for setup of the Council workshop; reported that Waste Management is dealing with staffing issues which put them off schedule but is back on schedule and if someone is not being serviced properly please call him at 589-6346. Mayor Burkeen said customers should call the City Manager so the complaints can be recorded. B. Mr. Nealia Mr. Neglia discussed an e-mail from Joann White about her concerns about children crossing Easy Street and said the Police Chief had addressed the concern by putting a school crossing guard there; and asked if we can lower the speed limit there because of the school. The City Manager said we can go to the Traffic Committee with this, and the City Attorney advised below 30 mph you have to do a traffic study. Mr. Neglia then suggested a stop sign and asked if the whole area could be 25 mph. Mr. Neglia said we need a fence at Easy Street, and a door at the splash pad to which the City Manager responded both projects are in the works. Mr. Neglia thanked the Chief for his handling of the Easy Street crossing; said people were drinking out on the fishing pier and suggested perhaps a sign could be installed. He then asked when the band shell would be here and Chris McCarthy reported the mobile stage will be here the week of the 23rd, and the fence for Easy Street and the door for the Splash pad would be delivered tomorrow. Mr. Neglia said his garbage truck is still coming for the dumpster behind his house at 6:10 a.m. C. Mavor McCollum - Absent D. Mr. Burkeen CiS Mayor Burkeen said his Public Forum is Tuesday night with County Commissioner, Wesley Davis; displayed an anonymous letter with a photo of him and Mr. McCollum at Beef Q'Brady's with a question mark and the word "sunshine" on the back of the envelope, noting they meet for dinner every Friday night and if anyone has any 16 Regular City Council Meeting October 11, 2006 Page Seventeen questions or allegations about where they are having dinner or the conversation taking place they can call him. E. Ms. COY Ms. Coy said Easy Street park is great but she is very concerned about speeding traffic there; thanked Council for approving her legal fees; said she is grateful to Council because the money came out of her pocket and we don't know if these charges are in Tallahassee and could be more; and thanked the public for their support throughout this ordeal. Mayor Burkeen asked since the charges were dropped, could we go after the people who made the complaint. The City Attorney said once the prosecuting officials review it and make the decision to proceed that takes the complainant out of it. He did say there is going to be a conversation between him and the head State Attorney concerning some of the things that happened in this and a willingness on their part to listen to someone who deals with the Sunshine Law on a daily basis might have saved the taxpayers a whole lot of money. 17. Being no further business, Mayor Burkeen adjourned the Regular Meeting at 10:14 p.m. Approved at the October 25, 2006 Regular City Council Meeting. Brian Burkeen, Mayor ATTEST: Sally A. Maio, MMC - City Clerk @ 17 @ CITY OF SEBASTIAN AGENDA TRANSMITIAL Subject: Road Closures and logistics associated with the 2007 Pelican Island Wildlife Festival Agenda No. O~. is,,) ubmittal by: City Manager Department Origin: ~~c.~~ Finance Director: City Attorney: City Clerk: Date Submitted: October 10,2006 For Agenda of: October 25, 2006 Exhibits: Letter from Pelican Island Preservation Society EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A None APPROPRIATION REQUIRED: None SUMMARY Staff from Public Works, the Police Department and the City Manager met with representatives from the Pelican Island Preservation Society and U.S. Fish and Wildlife to discus logistics for the 2007 Pelican Island Wildlife Festival. The event is on March 10, 2007 from 6AM until 5:30PM. The attached letter outlines the requested logistics for the event. They will have a 5K run at the event that will require additional road closures. Road Closures necessary are Indian River Drive from Harrison St. north to Jackson St. from 6:30 to 8:00AM for the 5K run. Indian River Drive from Sebastian Blvd. south to Harrison St. from 6:30 AM to 5:00PM and Sebastian Blvd. from just past the Hess Station east to Indian River Drive from 6:30AM to 5:00PM. They also have requested to restrict the north half of the Yacht Club boat ramp for loading and unloading people for pontoon boat tours out to Pelican Island from 9AM to 4PM. RECOMMENDED ACTION Move to approve closing Indian River Drive from Harrison St. north to Jackson St. from 6:30AM to 8:00AM for the 5K run. Move to approve closing Sebastian Blvd. from just past the Hess Station east to Indian River Dr. and Indian River Drive from Sebastian Blvd. south to Harrison Street from 6:30AM to 5:00PM. Move to approve restricting the north half of the Yacht Club boat ramp from 9:00AM to 4:00PM. @ ~~ ~1!~b!1~~4 ~~:~~ l-bbl-ob4-4o,:rL 'J1:.r'.U !:5t.ACH t::.LI:. t-Al.Jt::. t::J:t '1IIIItYATIOtt SOCIETY JVlldli(e Festival - To: The City Council of Sebastian /} 1~. ~..rI October 4, 2006 From: Bonnie Swanson, President t5""~ Pelican Island Preservation Society Re: Ijrb Annual Pelican Island Wildlife Festival Once again the Pelican Island Preservation Society and the US Fish and Wildlife Service ask that the City of Sebastian to help mark the anniversary of the founding of the Peljcan Island National Refuge by co-hosting the Pelican Island Wildlife Festival at Riverview Park on Saturday, March lOlh,2007. This y~ar will mafk the lOSth birthday of the refuge and the refuge system. Your continued sponsQrship and support has allowed the event to bring awareness to the public of this local trea.f)Ufe and the need to help protect these last great places on earth. We do expect to host 6,000 to 8,000 visitors for this event. It is possible that a celebrity musician may pay the festival a visit which will bring more visitors out as well. The specific net"...d$ and requests for this event are as follows; 1. Date is March 10th, 2001 ( no rain date) 2. Set up will begin the evening of March 9th. A trailer will be brought in to house equipment and furniture, tents set up. 3. Set up will begin at about 6:00 am on the lOrb with clean-up finished by 5:30pm. . 4. Allow a street banner be hung twO'. weeks prior to [he event on February 24th. 5. Use of the park marquee to mark the event two weeks in advance as well. 6. Due to the live wildlife exhibits inlhe park, we ask for a one-day restriction of pets in the park. 7. Street closures request; . a. Indian River Drive be closed from CR. 512 south to Harrison and Sebastian Blvd to Indian River Drive as a matter of public safety. b. "Detour Ahead" signs be placed at the fruit stand at south Indian River Drive and someplace to the oorth be made and posted by the city. c. 5k run will require that Indian River Drive be closed from 6:30 to R:OOam i @ 01/~b/l~~q ~~:~~ (j}j U I-bbl-':Jb4-4b:';:: VI:.~U t:I:.Al:H I:.LI::. 8. Parking a. '.South Parking Lot" would be used as our main event parking. and hope that it can be set up on Friday March 9th. b. Use of the nonnal north parking lot. d. Handicapped parking designation on both the north and south sides of Riverview Park. e. Traffic signs for Hevent parking" and road closure notices be made and posted by the city. 9. Boat Ramp and shore line use a. Use of the shoreline north of the pier for various kayak-related activities b. Use the boat ramp at the Yacht Club from 9a.m. to 4 p.m... c. Restrict the north half of the ramp from 9a.m to 4 p.m. for the public pontoon boat lOUIS. 10. 5K Run a. Close Jndian River Drive from 6:30 am until 8:00 a.m. b. Police and volunteer assistance along the route for the public safety. I!. Security . a. Provide close supervision of the park on March 9th b. Provide traffic control c. Provide support with parking d Allow the storage to be parked until Monday, Marcb 12. . We ex*ct this festival to be a top event for our community. It is planned to be a fun- filled, ejducational and family oriented event in a perfect setting at Riverview Park! I i I I-'Atll::. 1::J.;j CITY OF SEBASTIAN, FLORIDA AGENDA TRANSMITTAL Subject: Collective Bargaining Agreement Agenda No. 00. 150 between the City of Sebastian and the Communications Workers of America, Local 3180. ......--- Date Submitted: October 17,2006 For Agenda of: October 25, 2006 Exhibits: . Tentative Collective Bargaining Agreement dated October 12th, 2006. . Resolution 06-23. . Collective Bargaining Agreement between the City of Sebastian and the CW A. EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY Attached for your review is the tentative Collective Bargaining Agreement between the City of Sebastian and the Communication Workers of America, Local 3180, dated October 1th, 2006, which is in fact, a summary of the changes from the old agreement to the new. Also attached, is the Collective Bargaining Agreement in its entirety with changes in the agreement in "edited format"(Le. underline for additions and strikethrough for deletions). As you know, management has worked very hard to present this agreement to you, and we respectfully request your approval. RECOMMENDED ACTION Move to adopt Resolution No. R-06-23. @ @ -r:-A. /0(11-(0 (0 / bJ0.; ~ . '. ." . . .. . .. . H~"OF"PIU~/'1StAND CITY OF SEBASTIAN COMMUNICATIONS WORKERS OF AMERICA (LOCAL 3180) CITY OF SEBASTIAN TENTATIVE AGREEMENT October 12th, 2006 r .,.,r C,'1"f HM~ 44-/#//~ (!, tV,4 /Zff~~Jt' @ 1fJVV1 L lit r' to"'''Loo((, Article 4 - Dues Deduction - Article 4.(;> - Add .. The City agrees to deduct each pay /lr ptriod, and pay over to the Seeretarylfreasurer of the Union, Committee on Political Education (CWA-COPE peC), from the wages of those employees who voluntarily authorized such contributions on a form provided by the Union. Article 7- Houn of Work and oVertime - ~cle 7.3 (c) .. Add - Emergency cI~sure k- houn will be considered time worked for the purpose of computing overtime. Article 9 - Miscellaneous Paid Leave - Article 9.2 (~) - Del((te - Regular full-time t bargaining unit members required to attend court or jury duty on a scheduled day off are eligible to receive up to eight hours pay, if required, at straight time. Article 10 - Sick Leave j, Article 19.2 (1)) - Chaqge - If a bargaining unit member is absent from work in excess of 1L- three (3) consecutive due to an illness, the member may be required to submit a doctor's note to the Department Head, or his/her desipee, attesting to the employees ability to return to work with or without restrictions. . Article 10.3 (e) - Change - 11 yean to ZO yean of service - 75%, and add over zot- years of completed service - 100%. Article 11 - Annual uave - 11.6(a)(h) - Vacation Cash-in - Deleje - Bargaining Unit..h Members will have the option of cashing in up to (40) forty vacation hours per year if the L following requirements are met: fJ^ ~ J1IN I~ j4vv fr Article 14 - PromotioD$, Transfers and AdjustJDents iL Article 14.1 - Change - Any bargaining unit member who fulfills all applicabl requirements for another classification with a bjgher 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, aU promotional opportunities will be advertised initially in house for five (5) days. Such vacancies may be advertised from outside only after any qualified current bargaining unit applicants have been interviewed. A bargaining unit member whose performance ratings were less than satisfactory is ineligible for promotion. Article 14.4 - Add - A bargaining unit member may be transferred between department:ll- ~ when a vacancy exists in .the same classification or pay grade, which is presently I \ 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: Article 14.5 - Add - Reimbursement for associate'. degree wiD be limited to ODe (1) P" L prv employee, once Bachelor's Degree has been attained; the $500 is forfeited in lieu o'lt---- the $750 annually. Reimbursement for bachelor's degree will be limited to one (1) per employee. @ pr kA'(It pVl10"1z.~ Article 18 - Safety - Article 18.8 (a) - Change - The City will provide those bargaining '- 1.1/ /1 unit members required to wear safety boots/shoes as part of their job function ($120) per ~ I CW' \ fiscal year. Article 20 ~ s.Jary - ~ ~. . . 1. Article 20.1 - Change to 2.5% increase effective October 1, 2006, 2% increase effective Aprill-, 2007. (3% merit annually on date ofclassificanon - Article 24.2 ~ Merit/Step Pay Plan). Article 20.2 - Change to 2.5% increase effective October 1, 2007; 2% increase effective April 1-, 2008. (3% merit annually on date of classification - Article 24.2 - Merit/Step Pay Plan). Article 70.3 - Chqe to 2.5% increase effective October 1,.2008, 2% increase effective April 1st, 2009 (3% merit annually on date of classification - Article 24.2 - Merit/Step Pay Plan). @ RESOLUTION NO. R-06-23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COMMUNICATION WORKERS OF AMERICA (CWA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1,2006 THROUGH SEPTEMBER 30, 2009; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Communication Workers of America (CW A) is certified with the Florida Public Employees Relations Commission as the Bargaining Unit for certain employees of the City of Sebastian; and WHEREAS, the City of Sebastian and the CW A Bargaining Unit have negotiated a new agreement supplanting and superceding the prior agreement and covering the period from October 1,2006 through September 30, 2009; and WHEREAS, the CW A Bargaining Unit has voted in favor of ratifying said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. AUTHORIZATION. The City Council hereby authorizes the City Manager to execute the attached Collective Bargaining Agreement between the City of Sebastian and the Communication Workers of America, AFL-CIO, as the employment agreement for the bargaining unit employees for the period from October 1,2006 through September 30, 2009. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember put to a vote, the vote was as follows: and, upon being Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Nathan McCollum Councilmember Sal Neglia Councilmember Al Paternoster @ The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of October 2006. I ATTEST: Sally A. Maio, CMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney @ CITY OF SEBASTIAN and COMMUNICATION WORKERS OF AMERICA (LOCAL 3180) October 1, 2006 - September 30, 2009 @J COMMUNICATION WORKERS OF AMERICA (CWA) 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 of Work/Overtime Seniority/LayofflRecall 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 Pae:e 3 3 4 5 5 6 61 61 1.8. Mil R13 +617 +&19 21 ~26 ?627 U29 U29 ;!930 M32 ~35 ~35 ~35 ~35 35 ~36 ;;+38 ~38 @ AGREEMENT Section 1 This Collective Bargaining Agreement ("Agreemenf') 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 ofhannonious 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 f1pril I, 200 I October 1. 2003. Section 2 gender Throughout this Agreement masculine gender pronouns shall be read to include feminine 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 ofthese 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. This list of job classifications may be amended from time to time. PosmON CLASSIFICATIONS Account Clerk I Account Clerk II Acoount Clerk III Adnllnistrative Aide Adnllnistrative Assistant Administrative Secretary Administrative Supervisor Ait:port 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 Information Specialist Maintenance Worker I Maintenance Worker II Maintenance Worker III Mechanic Parks Foreman Parks Supervisor Payroll Specialist 4 @ 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 isare 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 oflack 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 f..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 CWA. 3.2: The City agrees to provide suitable bulletin board space on existing or new bulletin boards in convenient 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 GiJ 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 ofbriefmg the 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 la'.vfulIyexecut<ldlawfully executed Assignment of WageslDues Deduction form, attached as ,\ppendix 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 officials 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 of CW A dues. The CW A 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, fmes, penalties, or special assessments of the CW.\ .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 assmnes no responsibility either to the employee or to the CW A for any failure to make or for 6 @) any errors made in making such deductions. but will make such efforts as it deems ap{>ropriate 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 CW A recognizes that strikes by public employees are prohibited by Article 1, Section 6, of the Florida Constitution and Section 447.505, Florida Statutes. The CWA agrees not to authorize, instigate, or otherwise support a strike, as defmed 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 CW A 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 terminate 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: F or 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 any type of act that would violate local ordinances, city, state or federal law, e.g, honking of horns, etc. 7 @ ARTICLE 7 HOURS OF WORK AND OVERTIME 7.1: Basic Work Week: (a) The basic work week for regular full-time employees shall ordmarily 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 members will be entitled to a one (1) hour meal break whichbreak. which will be taken at the discretion of their immediate supervisor. Bargaining unit members will also be entitled toentitled 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 3:30 p.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 fmd work for employees who want to continue working when adverse weather conditions do not permit outside work. If no work is available, and based on the employee's job description, employees may use accrued vacation, personal, or compensatory time, (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 Section 7.1, Section (a) of this Article. Such unit members shall be entitled to one (30) thirty 8 @ 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-l/2) 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 worked 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 wefk: wee*workweek 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 Department 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 fITst 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 fITst pay check in October. Written request for payout for all or partial accrued compensatory time must bersubmitted by the first week in September of each fiscal year. 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 9 @ 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 Deparbnent Head, employees may elect to flex their hours in excess of 40 hours within the same seven-day workweek. (t) Bargaining unit members shall be required to work overtime when assigned unless excused by the Department Head. Any bargaining unit member who desires to be excused from an overtime assignment shall submit to their Department Head a written request to be excused. In the event that the 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 anyone 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 minim~ 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 of forty (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 Meal Allowance for those members assigned a regular shift, who have completed their shift, and who have to cover a full additio~al shift when staff has a shortage and it was unexpected. ARTICLES SENIORITYILAYOFFIRECALL 10 Ct) 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 ajob 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 CW A 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-off. (b) If the City fails to provide the employee(s) with a sixty (60) day written notice oflay-otI, the City will pay the employee(s) the equivalent of twenty (20) days of pay. Such payment will be paid in two (2) bi-weekly increments. (c) The duties performed by any laid-off bargaining unit member may be reassigned to other 11 @ 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 of lay-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 of lay-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 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. 12 @ (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 oflaid-offbargaining 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 Department 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 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. 13 @ (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. Those 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 bargaffiing unit tnembers required to attend court or jury duty on a sebeduled day off are eligible to reeeive up to eight hours pay, if required, at straight time. (fsU 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 least twenty-four (24) hours in advance of the scheduled time unless the bargaining unit member actually receives less than twenty-four (24) hours advance notice). 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. (gO 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. 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 14 @ efficiency, if considered to be in the best interest of the Employer. All leave and expenses will be recommended by the Department Head subject to approval of the City Manager. 9.4: Family And Medical Leave (a) 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 normaljob 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's own serious health condition. Additional leave without pay may be granted by the Employer based upon demonstrated medical necessity. 9.5 MilitaIy Leave The existing current City Policy pertaining to Military Leave will be followed for this Article. 9.6: Leave Without Pav (a) The decision to grant a leave without pay (leave of absence) is a matter of management discretion. It shall be incumbent upon each Department Head to weigh and to determine each 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 Department Head and the City Manager or his designee. Before such leave of absence will be granted, the bargaining unit member must exhaust all accrued vacation, compensatory and, 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. (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 15 @ 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 ofhis 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 terminated 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 return to duty or be dismissed. (7) At least two (2) weeks prior to the expiration of the leave of absence, the bargaining unit member must contact the Department of Human Resources 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. (1) 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. 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. 16 @ 9.8: Personal Leave (a) Each regular full-time bargaining unit member shall be entitled to three (3) days of personal leave per year. Such leave is subject to Department Head approval. Probationary employees (new 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 Department 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 1 0.1 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: 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 of his/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. 17 @ (b) Ifa bargaining unit member is absent from work in excess of three (3) consecutive due to an illness, the member must may be required to 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: (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 verifying that 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 fmal pay check. (e) Upon separation from employment in good standing (resignation or retirement with a two- week notice 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 Over 10 years completed years of sendee 11 vears to 20 completed years of service Over 20 years of completed service -0% -25% -50% 75% -75% -1 00% (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 18 @ @ his/her birthday offwith pay, subject to the individual departments work schedule. Ifwork requirements do not reasonably permit the bargaining unit member to take time off from work on his/her birthday, or if the birthday falls on a holiday or a regular day off, some other mutually agreed upon day near the bargaining unit member's birthday may be taken offwith 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 Department 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-half the 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 3.077 hours 4.615 hours 6.15 hours 7.69 hours Annual Leave Hours Earned 80 hours (10 working days) 120 hours (15 working days) 160 hours (20 working days) 200 hours (25 working days)i 1 Year but less than 5 Years 5 Years but less than 1 0 Years 1 0 Years but less than 20 Years 20 Years and over 19 Table #2 Part-Time Employees Length of Service I Year but less than 5 years 5 Years but less than 10 Years 10 Years but less than 20Years 20 Years and over. Bi-weekly Accrual Rate 1.54 hours 2.31 hours 3.07 hours 3.85 hours Annual Leave Hours Earned 40 hours 60 hours 80 hours 100 hours 11.3: Request for Annual Leave (a) A request for annual leave shall be submitted, in writing, to the bargaining unit member's Department 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 Department Head. In an emergency situation accrued annual leave may be used only with the approval of the bargaining unit members department head or designee. (e) Except under unusual circumstances, Department 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: (1) 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 leave for annual leave for the period of illness. The bargaining unit member must submit a written request to the appropriate Department Head along with, medical certification from the 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 20 @ @ 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 Department 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 department head will be forwarded to the Finance Department 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 number 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 ofhis/her unused accrued balance of annual leave at the rate of pay received by the bargaining unit member on his/her date of separation. 11.6 Vacation Cooh in: (a) Bargaining Unit Members will RaT/e the option of eoohing in up to (10) forty vacation hours per year iftbe f-ollowing requirements are met: 1. The bargaiFl.ing unit member has a minimum balance of 10 hours after the eash. m. 2. The bargaining tmit member took at least 10 conseeutive annual leave hours off dariFl.g the prey/ious year. Holiday hours do not sount towards the 10 hours. (b) Request for sash m mllst be submitted to the Human Resouroes Department by September ~th of each year. Payment ,....ill be made tho first paycheck issm~d 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 defmed as disputes concerning the interpretation or application by the 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 21 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: Step 1. 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 unit member may appeal to Step 2 within seven (7) days of the due date for the Step 1 decision. Step 2. Step 2 is initiated by the bargaining unit member filing with his Department Head a written grievance on the standard grievance form, attached as Appendix C. The Department 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 grievance meeting, the Department Head shallissue a written decision concerning the grievance. If the grievant is not satisfied with the Department Head's decision, or if no decision is issued within the time allotted, the grievant may appeal to Step 3. 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 ofthe 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 ofthe 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 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, Le., any discipline less than suspension without pay, the City Manager's decision shall be fmal 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 22 @ the Step 4 decision, the CW A may invoke the arbitration procedure of Step 5. Step 5. 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. If, however, this cannot be done within seven (7) days following the Employer's receipt of the CWA's request for arbitration, representatives of the Employer and the CW A shalljointly 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 confme 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 his/her 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 ofa bargaining unit member, the arbitrator is empowered to either sustain the discharge or, if he/she 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 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 fmal and binding on both 23 @ parties. APPENDIX C GRIEVANCE FORM (Type or Print Clearly in Ink) 24 @ 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 he/she is in an active pay status or actually works his/her normal work schedule on the work day immediately preceding and the work day immediately following the day on which the holiday is observed. For purposes of this Article, "active pay status" means any approved leave with pay. 13.4: For holiday purposes, a holiday is defmed 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 of their option no later than the last work day before the holiday. If the option is not presented to the supervisor on or before the last work day before the holiday, overtime pay compensation will be used. Eligibility: A. Temporary and seasonal employees are not eligible for holiday leave time. B. Employees working less than forty (40) hours per pay period are not eligible for holiday leave 26 (;-~'\ \!Iv 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 initially in-house fortefl. (10) five (5) days. Such vacancies may be advertised from outside onlv after any qualified current bargaining unit applicants have been interviewed. A bargaining unit member whose last-performance ratin~ was- were 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 his/her current rate of pay. Subject to the approval of the City Manager, a greater promotional increase may be recommended by the Department Head. b) When a bargaining unit member is adjusted to a lower paid position (voluntarily or through 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 departments 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 Department Heads and the City Manager. (b) The bargaining unit member must serve a six (6) month probationary period in the new assigned department. (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 vacancy exists, the bargaining unit member shall be laid off in accordance with the 27 @ 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 assignments must be for three (3) consecutive days or more. The bargaining unit member who is working in the temporary higher job classification will receive a 3% increase in pay (or Step 1 of the acting Grade )Jor 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 Department 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 1 of the 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 earned, 28 (V the 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 Automotive/Med./Heavy Truck certifications - $30 per certification, capped at $120 per year. Auto Technicians that obtain a Master's Technician designation will be eligible for $500 annually. 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 departmentJdivision)- $120 annually. o Associates Degree from an accredited college - $500 annually.. 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 (1) per employee. Other certifications may be submitted for consideration for incentive money. Upon approval of the Department 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, 20(gQ - September 30, 20(62), 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 RETIREMENT CONTRIBUTION 29 @ 16.1: Effective April 29 , 2001, the Employer agrees to contribute to the CW AlITUNegotiated Pension Plan (hereinafter sometimes referred to as the Plan) nine (9%) of a bargaining unit member's annual gross earnings for each employee covered by this Agreement, for purposes of providing pensions on 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: Contributions 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 forms 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 1. 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: Defmitions: 30 @ @ I A. Annual Performance Appraisal. The bargaining unit member's performance is appraised by the supervisor no later than the first day of the month ofhislher classification date each year. The period of appraisal is the period of time since the bargaining unit member's last performance appraisal. B. Special Performance Appraisal. 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 unsatisfactory 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 ofPhiloso{>hy: 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 feedbaek; d) to encourage and develop time line plans for bargaining unit member development, growth and improvement. 17.5: Emplovee 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 31 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 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, department 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 CWA 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 improvingjob-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 of receipt 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. 32 @ 18.4: The Employer agrees to make copies of the City Safety Manual available to all bargaining unit members to review. 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: Safety Glasses: a. With the prior approval of the bargaining unit members Department Head, the City shall pay for one (1) pair safety glasses. Where prescription safety glasses are needed, the bargaining unit member, 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 ftrst 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 beneftts 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 33 @ performing the duties ofhislher classification, but is determined to be able to perform light duty by a physician designated by the City, the employee may be required to perform such duty or lose the employment connected disability leave supplemental benefits. Assignment to light duty shall be considered a temporary assignment, without reduction in pay. Such a reassignment shall be to other duties commensurate with medical and mental 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 hislher 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 hislher 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 $&;;. 10.00 per month. Safety boots/shoes must meet the requirements as established by the department. (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 34 @ incurred by the city for the purchase of the work boots/shoes. 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 2.5% increase to their current step effective October 1, ~2006. 20.2: Effective October 1, ~2007, the City will provide all bargaining unit members with a pay increase of -2.5% percent added to their base salary, i.e., excluding longevity, supplemental or any additional pay. 20.3: Effective October 1, ~2008, the City will provide all bargaining unit members with a pay increase of2.5% 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 required to 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 35 @ 23.1: The City desires to help its bargaining unit members in their jobs by paying for business-related courses up to the limits of available funds for education during their off-duty hours. Therefore, the City's Policy regarding Tuition Reimbursement will be followed for the life of this Agreement. 23.2: The following guidelines will govern tuition reimbursement: 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 Department Head at least fifteen (15) days prior to the starting date of the course. If the Department Head recommends the course, the recommendation will be forwarded to the City Manager or his designee for fmal 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 perform his or her duties and will increase his or her potential for promotion. Such determination will be made by the Department Head and the City Manager or his designee. Such courses must be offered by an approved technical or trade school or an accredited college or university. Attendance at these courses must be during non-working hours. Post graduate (ex. Master's, Doctorate ,etc.) programs 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 or better before reimbursement will be made. In courses which are offered on a "pass" or "fail" basis, a pass grade must be earned for 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 of his or her payment of tuition such as a canceled check or receipt, will be submitted to the respective Department Head. Such documentation will be forwarded to the Finance Department for reimbursement. 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 36 @ MERIT/STEP PAY PLAN 24.1: New bargaining unit members who at the end of the initial probationary period, and after six (6) months 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 hislher 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 Department Head may make a recommendation for a two (2) step increase. When this occurs the performance evaluation and justification (supporting documentation) for the greater increase will go before the City Manager. The City Manager will review the information and either accept or reject the recommendation. The Department 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, department 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 of five (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 offive (5%) percent. The five percent increase will be added to their base pay effective the date of their fifteen-year 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 37 @ 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 of their twenty-five-year anniversary date. 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 CWA 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,--:20062009. Any new benefits under this Agreement that do not have a specified effective date shall be instituted October 1,~2006. In witness whereof, the parties hereto have entered into this Agreement on the 25 27th day of SeptemberOctober 2006. COMMUNICATIONS WORKERS OF AMERICA Local 3180 CITY OF SEBASTIAN. FLORIDA Gary ~ McCallister CW A Representative Tenenee MooreAl Minner City Manager Ernest "Bucky" Gerber CWA Vice President Jim SextonDebra Krueger Director of Human Resources 38 @ @ f.ntoin0 VanMeir Steve Jennings CW A Chief Steward AlTEST: APPROVED AS TO FORM: Sally Maio City Clerk Rich Stringer City Attorney 37 City of Sebastian, Florida OFFICE OF THE CITY A nORNEV' AGENDA TRANSMITTAL Agenda No. ~ Subject: Quasi-judicial "Cure" Hearing; Paradise Marina site plan Date Submitted: 10/19/06 For Agenda of: 10/25/06 SUMMARY: This matter came before the Council on September 14,2006 as an appeal of the Planning & Zoning Commission denial of the site plan. Council voted to vacate the determination of the Planning Commission and hold a de novo quasi-judicial hearing on the site plan, conditional use permit and waiver of Riverfront Overlay District requirements. As per the stipulation of Council, the file comes forward for this hearing without any changes since the time it was heard before P & Z. No additional material has been submitted by either party. For this reason, two distinct site plans are presented as part of the file. One plan was reviewed by staff and was the basis for the staff report. When time came for applicant to submit copies of the site plan for the P & Z packets, a version was provided that had been modified in response to the staff report. Additionally, applicant submitted a response to the staff report. Staff has not submitted an analysis of the changes made from the initial plan to the next, nor prepared a response to the final submittal by Applicant. It appears, however, that the changes to the site plan were largely technical in nature and not significant to the determination to be made by Council. The matter should be heard in accordance with the established rules and procedures for a quasi-judicial hearing. Each of the three items for action has different standards for review under the Land Development Code. RECOMMENDED ACTION: After conducting a quasi-judicial hearing on the site plan submittal, Council should consider separate motions to either a) approve, b) disapprove, or C) approve with conditions and/or modifications, the following items: 1. Conditional use application; 2. Request for waivers from Riverfront Overlay District requirements; and 3. Site plan application. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: @ @ p~O\J \ 0 & D TO P~2. /0 ~ E..-( {L PItC-I'-t..-,. Note: Information underlined in the followina staff report indicates land Development Code deficiencies. HOME . OF PELICAN ISlAND Growth Management Department Staff Report Site Plan Application Conditional Use Application 1. Project Name: Paradise Marina Resort 2. Requested Action: Site plan approval for a motel, office (front desk and manager), continental breakfast area (no food sales), bar and docks 3. Project Location a. Address: b. Legal: 1034 & 1109 Indian River Drive (Note: The addresses given above are subject to change. They are the existing addresses now used by the properties. However, both addresses are out of sequence and do not conform to the even/odd numbering for the street. See survey. c. Indian River County Parcel Number: 31-39-06-00007-0000-00009.0 31-39-06-00009-0000-00001.0 31-39-06-00009-0000-00002.0 31-39-06-00009-0000-00002.1 [Unity of title must be provided combining all four parcels, before clearing, demolition or construction may commence.] 4. Project Owner: 5. Project Agent: 6. Paradise Marina Enterprises, Inc. Damien Gilliams 1623 U.S. Hwy #1, Suite A5 Sebastian, Florida 32958 (772)-589-7368 Same as Engineer Project Engineer: MBV Engineering, Inc. Bruce Moia, P.E. 2455 14th Avenue Vero Beach, Florida 32960 (772) 569-0035 fax: (772) 778-3617 1 8 (772) 569-0035 fax: (772) 778-3617 7. Project Surveyor: Houston, Schulke, Bittle & Stoddard, Inc. 1717 Indian River Boulevard, Suite 202-C Vero Beach, FL 32960 (772) 794-1213 8. Project Description a. Narrative of proposed action: MBV Engineering, Inc., on behalf of Paradise Marina Enterprises, Inc., filed a site plan application for the proposed development of a 39-unit motel, a front desk and manager's office, a continental breakfast room for the exclusive use of motel patrons (no food sales), a bar, and docks. The property is located west and east of Indian River Drive immediately south of Washington Plaza and on the parcel where Paradise Marina currently exists. The proposed development includes the construction of two 2-story buildings consisting of 39 motel units (22 on the west side and 17 on the east), along with a 500 SF office area, a 380 SF continental breakfast area, and 352 SF covered outdoor seating area. An existing outdoor bar is to remain which services a large outdoor tiki deck and pool deck area. The existing pool is to remain. The dock facilities are to be reconstructed with a total of 15 slips, which are proposed to be for transient use only (motel customers who arrive by boat). Site improvements also include requisite parking, water and sewer service, drainage, and landscaping. Access to the western site will be via US Highway #1 and Indian River Drive, and access to the eastern site will be via Indian River Drive. Proposed water service will be accomplished via connection to an existing Indian River County Utilities water main, and wastewater service will be provided by connection to the existing Indian River County Utilities sewer system. Stormwater runoff for the proposed development will be routed to retention areas located along Indian River Drive on the west parcel and close to the Indian River on the east with exfiltration trenches within the parking areas on both sides. The total site consists of 1.43 acres, or 62,433 SF. b. Current Zoning: CWR (east parcels) & CR (west parcels) c. Adjacent Properties Zoning Current Land Use Future Land Use North: CR & CWR Restaurant & Office RMU East: Conservation Indian River Lagoon C South: RM-8 Residence RMU West: CR & PS Retail & Church RMU & INS @ 2 d. Site Characteristics (1) Total Acreage: 1.43 acres (.65 west + .78 east) (2) Current Land Use(s): Raw Bar & Lounge, Marina, & BaitIT ackle (3) Soil: Immokalee, Pomella (4) Vegetation: Oaks, Palms (5) Flood Hazard: Zone AE (elevation 7') east parcels Zone X west parcels (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Main Street- 1/4 mile (9) Police/Fire: Indian River Fire -1/2 mile Sebastian Police - 1/2 mile 9. Contents of Site Plan: a. Lot configuration: provided b. Finished ground floor elevation: proposed - west: 10.95' east: 7.50' c. Contours and designating number of units: Motel Units - 22 west, 17 east d. Square footage of site: provided - 62,433 SF e. Building coverage: proposed - west: 7,052 SF = 24.9% (30% max in CR) east: 8,756 SF = 25.7% (30% max in CWR) Staff Note: Proposed site data for East Side is incorrect on the site plan. Tiki Bar is 314 SF and must be included as buildina coveraae. Correct numbers are listed above and site plan must be revised. f. Square footage of impervious area, open area & floor area ratio: impervious - west 19,167 SF = 67.6% (80% max in CR) east 20,291 SF = 59.6% (80% max in CWR) total 39,458 SF = 63.2% open - west 9,194 SF = 32.4% (20% minimum in CR) 3 @ east 13,781 SF = 40.4% (20% minimum in CWR) total 22,975 SF = 36.8% Staff Note: The site plan has errors on the proposed east site data and the proposed total site data, which must be corrected. Roof structure attached to tiki bar was not included as buildinq coveraqe. Also, tiki deck area and pool deck area SF numbers are wronq. Floor Area Ratio (FAR): West East Staff note: Eastern parcel is over maximum allowed Floor Area Ratio by 162 SF. g. Setbacks: Required Provided West Property - CR Zoning Front (w/sidewalk) 0' 10' & 64'* Side (abuts res.) 10' 46' & 10' Rear 10' or 30' N/A East Property - CWR Front (w/sidewalk) 0' 24' Side (abuts res.) 10' 48' & 30' Rear 10' 12' *Staff Note: Numbers shown with * have been scaled from the site plan. h. Scaled drawings of the sides, front and rear of the building or structure: Provided. However. floor area data on the MAl Architecture plans do not match the site plan data. for both east and west parcels. Buildings indicated to be of identical design, except that the eastern building will provide an open breezeway near the center of the building. The maximum building height for the eastern building is 25'. Additional features not intended for human occupancy or use may exceed by a maximum of 20% (in this case, 5 additional feet). The eastern building height is noted as 24' 8". The center tower feature (decorative only) extends another 5'. The finish floor elevations have been provided. It has been noted that pending legislation regarding the measurement of building height may affect this project. Applicant has been so advised. (j4) 4 Porches and balconies (front and rear) are not labeled on the site plan. as required. No exterior colors have been provided. No exterior materials have been provided. i. Generalized floor plan indicating uses and square footage of each proposed use within each building or structure: Provided. j. Building exterior construction materials and color: Materials and colors have not been provided. k. Building height: provided: East Building: 24'8" Top of architectural feature: 29'8" Code limit of 25' with 20% more (5') allowed for cupolas not intended for human occupancy. West Building: 24'8" Top of architectural feature: 29'8" Code limit of 35' with 20% more (7') allowed for cupolas not intended for human occupancy. I. Location and character of all outside facilities for waste disposal, storage areas, or display: provided. Staff recommends the applicant re-evaluate the dumpster location to a less visible location away from the river's edae. m. Location and dimensions of all curb cuts and driveways: provided Staff note: On East parcel at north entrance. 15' radius is unacceptable. Also on East parcel. exit from southernmost Darkina stall shows a 10' radius which is also not acceptable. Typical enaineerina standard is a 25' radius. 5 ~"'\ ~ n. Number of parking spaces with their location and dimensions: Unit Standard Required Spaces Motel West parcel 22 units 22 East parcel 17 units 1/room 17 + 380 SF 1/400 SF meeting breakfast area rooms 1 Office 500 SF 1/200 SF 3 Open Air Tiki Bar: Tiki Building 314 SF 1.5/1 00 SF 5 Covered outdoor seating area 352 SF 1.5/100 SF 6 Tiki Deck area 1398 SF 1.5/100 SF 21 Pool Deck area (less pool) 1232 SF 1.5/100 SF 19 Boat Slips* 15 slips 1/2 slips 8 (Requesting consideration as or or "transienf' to eliminate the parking requirement.) 0 0 Total With 15 boat slips 102 Total With ''transient'' boat slips 94 Total spaces required: Required handicapped spaces: 102 or 94 5 or4 56 Total Spaces Provided: 50 standard, 3 compact, 3 handicapped Site is deficient in parkina bv 46 spaces. If transient boat slips are approved. site is deficient by 38 spaces. Staff Note: The bar is open air and intended to service the tiki deck area. pool area. and the porch area behind the office/breakfast area. Parkina calculations which are based upon maximum capacity in an open air facility is not appropriate. The parkina calculations established under the restaurant headina of the Sebastian Land Development Code calls for 1.5 spaces per 100 SF of outside customer service area. For the record. this is the method that was used to determine the parkina needs for the sandbar at Captain Hiram's. @ 6 Applicant is reQuestino consideration for the 15 boat slips to be considered "transient" in nature. A marina is required to provide one parkino space for every 2 boat slips. However, if customers are comino to the motel/bar bv boat. it would not be necessary to provide additional parkino. This consideration has been oiven to Captain Hiram's, who has 37 total boat slips, of which 13 have been desionated as transient. Also. Channel 68 Marina was approved. for 25 boat slips. 10 of which were transient. The Plannino and Zonino Commission must determine if all. a portion. or none of the boat slips shall be considered as "transient". Such slips must be marked accordinoly and may not be used for lono or short term storaoe. charter or party boats. or any rental water transports (boats. kayaks, canoes. rowboats. paddle boats. iet skis. sailboats or sailboards). Staff has no obiection to a reasonable amount of slips for transient use. The parkino data (east side) incorrectly identifies the breakfast room as 330 SF. when it is actually 380 SF (per the site plan dimensions. as well as the floor plan). Site plan also mislabels the breakfast room as 330 SF on the drawino. as well. o. Details of off-street parking and loading areas (including requirements of Article XV): . provided. The off-street parkino desion does not comply with the code. The desion creates backino into the street. collocation of vehicles and pedestrians. no 22-foot two-way drive aisle or 12-foot one-way drive aisle. and vehicular circulation which utilizes the street. For public safety reasons. this desion is unacceptable. p. All off-street vehicular surfaces available for maneuvering: provided on west side only. Not provided on east parcel. q. Surface materials: provided r. Number of employees: provided (estimated at 5) s. Type of vehicles owned by the establishment: provided (estimated 0) t. If there is a combined off-street parking facility, required agreements: N/A u. Location of all pedestrian walks, malls, yards and open spaces: provided. Staff note: Sidewalk will be the maneuverino area for cars backino out of parkino stalls. Staff is stronoly recommendino denial of this desion for public safety reasons. v. Location, size, character, and height or orientation of all signs: provided. w. Location and character of landscaped areas and recreation areas: provided. 7 @ x. Location, design and character of all public, semi-public, or private utilities: provided y. Location, height and general character of perimeter or ornamental walls, fences, landscaping: provided z. Surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida: provided - the site plan includes both stormwater retention ponds and exfiltration trenches. See City Enoineerina comments reoardina unresolved issues. aa. Location of existing easements and right-of-way: provided on survey bb. Land survey with complete legal description prepared and certified by a registered surveyor: provided cc. Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property: provided 11. Site location and character of use: provided 12. Appearance site and structures: a. harmonious overall design: The architectural design appears on paper to meet riverfront criteria. However. colors and materials have not been submitted after numerous reauests. b. location and screening of mechanical equipment, utility hardware and waste storage areas: Location of dumpster noted on east parcel. Staff recommends the applicant re-evaluate the dumpster location to a less visible location away from the river's edae. Location and screenina of mechanical eauipment has not been provided. c. commercial and industrial activities conducted in enclosed buildings: Yes. The outside service area for the bar has now been identified and appropriate parkina must be provided. d. exterior lighting: Provided. 13. Access, internal circulation, off-street parking and other traffic impacts: a. Internal circulation system design and access/egress considerations: Provided on west parcel. Drive aisle not provided on east parcel. Staff is recommendina denial of this desian for public safety reasons. b. separation of vehicular and pedestrian areas: Provided on west side onlv. There is no separation of the parkina area from the public sidewalk. @ 8 and the sidewalk must be used for maneuverina purposes. Staff is recommendina denial of this desian for public safety reasons. 14. Traffic impacts: Traffic statement does not fully acknowledae all uses proposed for the property. and is therefore incomplete. 16. Open space and LANDSCAPE PLAN (including the requirements of Article XIV): a. Name, address and phone number of the owner and designer: provided - engineer of record. b. North arrow, scale and date, minimum scale of one inch equals fifty (60) feet: provided c. Property lines, easements, and right-of-way with internal and property line dimensions: provided d. Location of existing or proposed utility service: Not provided. . e. Location and size of any existing or proposed structures: Provided, but not dimensioned. f. Location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas: provided g. Location and size of any existing or proposed vehicular use area: provided h. Location and size of any existing or proposed sidewalks, curbs, and wheel stops: provided i. Location of sprinkler heads, hose bibs, or quick cupplers and other information on Irrigation: Accepted practice is to design later, during construction. Plan does indicate irrigation system to be installed. j. Calculations of required type, dimensions and square footage of landscape materials and of required landscape areas, Including: total site area, parking area, other vehicular use area, percentage of non- vehicular open space, perimeter and interior landscape strips, and required number of trees: Provided. but not accurate Landscape Data (East Side) is incorrect. as follows: Note 6: Non-vehicular open space SF must be corrected. Staff Note: The arantina of variances and waivers may affect the calculations on the site plan. Also. calculation of the foundation plantina strip is determined by the lineal foundation perimeter. excludina entranceways. and then further reduced bv 40%. The elevations have 9 ~ 16. @ been amended to remove the rear exterior doorways on the western buildino. and therefore the lineal perimeter has increased. However. the applicant has not provided the updated lineal perimeter. as needed. I k. Location of required landscape areas and dimensions: provided I. Location, name, height and size of all existing plant material to be retained: Provided. Staff Note: Many specimen trees are proposed to be removed from the west parcel. Staff has requested that every effort be made to desion the plan to preserve those trees because of their size. Many suooestions have been made. includino f1ippino the buildino to parallel the north property line. This would actually benefit the applicant. because the setback on the north side is only 5 feet (abuttino commercial) whereas the setback alono the south side is 10 feet (abuttino residential). A letter from an arborist has been provided. (See attached.) However. the primary point made in that letter is that the trees are not oood candidates for relocation. Staff acknowledoes that point. The trees appear to be in fairly oood health. and could possibly be improved by trimmino the storm damaoed limbs and areas of decay. They have survived two hurricanes in the last year. Staff aoain requests that the west site be redesioned to preserve those trees. Tree removal is a separate process with specific criteria that must be met. They must prove that use of the property could not be made unless the trees are removed. Approval of the site plan does not automatically orant approval for the removal of the specimen trees. m. Location, size, height and description of all landscape material Including name, quantity, quality, spacing, and specified size and specification of all plant materials: Provided. Palm trees must have an overall heioht of 12' clear trunk. The palms used as canopy trees within the foundation plantinos are required to be 16' in heioht. Site plan must be noted accordinolv. n. Height, width, type, material and location of all barriers of nonliving material: Provided. Opaque buffer along south property line will be provided by a four-foot wood fence, with 6 feet of 90% opaque landscaping. o. Location, dimensions and area of landscaping for freestanding signs: Provided p. Show all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: Not provided. Required screening of abutting residential and nonresidential uses: Provided. 10 17. Flood prone land and wetland preservation: Provided 18: Surface water management: Provided 19: Available potable water: Indian River County Utilities 20: Wastewater service: Indian River County Utilities 21 : Soil erosion, sedimentation control and estuary protection: provided 22: City Engineer's review: See attached comments dated 7/12/06. Primary concerns relate to a hazardous parkina desian and a maintenance intensive drainaae system. 23. Other Matters: The applicant has suaaested that the tiki bar. tiki deck. pool deck and covered outside seatina area will be in a secured area and should be considered accessory to the hotel and therefore exempt from parkina requirements. The proposed security system has absolutely no bearina on the code requirement to provide parkina for the bar and outside service area. It is reasonable to expect hotel auests to entertain friends. relatives or business associates in this area. and parkina must be provided accordinaly. 24. Conditional Use: Hotels/motels are a conditional use within the CWR zoning district (east side parcel). The following criteria shall be satisfied: 1. The facilities shall comply with applicable regulations of the State Division of Hotels and Restaurants as identified in the Florida Administrative Code. 2. Screening: All side and rear yards abutting residential districts or uses shall be screened in accordance with standards established in section 54- 3-14.16 of the land development code. Any approval with or without conditions shall be rendered only after a finding by the Planning and Zoning Commission that the proposed conditional use satisfies the Conditional Use Criteria in Article VI and that the proposed conditional use: 1. Is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. Staff note: The parkinG desion on the east parcel does not protect public safety reGardinG traffic and pedestrians. 2. Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. Staff note: The elimination of a drive aisle to seNice the east parcel parkinG will cause the street to be used for the vehicular circulation of the 11 @ 3. Based on the scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties. Staff note: The /Jarkino desion on the east /Jarcel requires the use of the city sidewalk and street to maneuver in and out of the /Jarkino stalls. creating a hazard to contiouous residential /Jro/Jerties. 4. Conforms to all applicable provisions of the district in which the use is to be located. Staff note: The site /J/an does not conform to the /Jrovisions of the district. 5. Satisfies specific criteria stipulated for the respective conditional use described in this article (see above). 6. Is consistent with the code of ordinances and comprehensive plan. The site /J/an is inconsistent with the Land Develo/Jment Code (Cha/Jter 54 of the Code of Ordinances, as noted in this staff re/Jort. Staff recommends denial of the conditional use. 25. Additional considerations: Letters from the surrounding property owners have been provided for your information. Comments from the City Engineer, Building Director, Sebastian Police Department, Indian River County Utility Department, Indian River County Fire Department, and the Health Department have also been provided. The St. Johns River Water Management District permit for the stormwater system has not been received at this time. The applicant is requesting variances and waivers from all provisions of the Land Development code from which the site plan is deficient. Relief from the provisions of the Riverfront Overlay District standards are known as waivers, and are heard in a quasi-judicial hearing by the Planning and Zoning Commission. Relief from all other general provisions of the Land Development Code are known as variances, and are heard in a quasi-judicial hearing by the Board of Adjustment (City Council). The hearing for the waiver requests has been scheduled concurrently with the site plan hearing and conditional use hearing. A summary of the waivers being requested is attached to this staff report. Per Section 54-4-21.6 of the Sebastian Land Development code, the criterion for granting a waiver or modifications is whether a strict interpretation of the requirements of this article places an inordinate burden on the property owner as defined by Florida Statutes. 27. @ Conclusion: The .project design is not consistent with the requirements of the Sebastian Land Development Code. 12 places an inordinate burden on the property owner as defined by Florida Statutes. 27. Conclusion: The project design is not consistent with the requirements of the Sebastian Land Development Code. 28. Recommendation: Hold public hearing regarding the site plan. Staff recommends denial of the site plan as presented due to an overwhelming number of outstanding code deficiencies that the applicant has not remedied. Hold public hearing regarding the conditional use. Staff recommends the Planning and Zoning Commission find that the six conditions of approval stated in Article VI of the Land Development Code (and noted in No. 24 of this staff report) have not been met, and therefore, deny the conditional use. Hold public hearing regarding the waiver request. Staff recommends denial of the waiver requests. ~AREo~ 7- J 2. "OCJ, DATE REVIEWED BY DATE Note: Information underlined in this staff report indicates Land Development Code deficiencies. 13 @ WAIVERS (for the Planning and Zoning Commission) (1) Section 54-4-21A(7)(c)(1)(a) to allow the required 10 foot perimeter landscape strip to be reduced to 5 feet along the north boundary of the eastern parcel, 0 feet along the west boundary of the eastern parcel, and 5 feet on the north boundary of the western parcel. (2) Section 54-4-2l.A (7)(c)(l )(b) to allow the landscaping to extend 9 feet into the drainage retention area along the south boundary of the eastern parcel and to extend 5 feet into the drainage retention area along the east and south boundary of the western parcel. This will o-\~ .aB-Tequire special approval from St. Johns River Water Management District as well. (3) Section 54-4-21A(7)(c)(2) to allow the foundation planting strip to be 5 feet in depth, whereas the code requires the eastern building (25 feet height) to be 10 feet in depth and the western building (25 feet height) to be 10 feet in depth. (4) (5) (6) (7) (8) @ VARIANCES (for the Board of Adjustment) (1) Section 54-3-1O.6(a)(3) to allow backing into a public street from a parking area, whereas the code would prohibit backing into a public street. (2) Section 54-3-1O.4(b) to allow collocation of vehicles and pedestrians, whereas the code requires a separation of vehicles, bicycles and pedestrians by curbs, pavement ~arkings, planting areas, fences or similar features. (3~ Section 54-3-1O.5(d)(l) to eliminate the entry and exit drive, whereas the code requires an entry and exit drive to be at least 22 feet in width for two-way traffic or at least 12 feet in width for one-way traffic. Section 54-3-1O.5(d)(3) to allow the vehicular circulation plan to utilize the street, whereas the code requires vehicular circulation to be contained within the property. Section 54-3-14.1 1 (b) to allow the perimeter landscape strip (required to be 10 feet) to be reduced to 5 feet along the north boundary of the eastern parcel, and reduced to 0 feet along the western boundary of the eastern parcel. (A variance of 5 feet was granted along the north boundary of the western parcel on August 3,2005.) Section 54-3-1O.7( a)(l) to allow elimination of the required entry and exit ways and drives, whereas the code requires such entry and exit ways and drives to be at least 22 feet in width to accommodate two-way traffic, or at least 12 feet in width to accommodate one-way traffic. Section 54-3-l0.7(c)(l) to allow backing onto a public right-of-way, which will interfere with a pedestrian walkway. Section 54-3-15 to reduce the required parking from 102 spaces (or 94 spaces if transient boat slips are approved as suggested) to 56 spaces. (9) Section 54-32-5.5(d)(2) to allow the floor area ratio (FAR) to exceed 50% by 162 SF. 2 @ Jan King c IT'! ~/lJ(j-, tV SEI<. From: Sent: To: Cc: Subject: David Fisher Wednesday, July 12, 20062:43 PM Jan King Rebecca Grohal/; Dorri Bosworth; Rich Stringer; Alfred Minner; Engineering Interns RE: Paradise Marina Site Plan Comments Jan -- Per our telecon moments ago, this is to confirm our continuing concern voiced in the previous Engineering Dept. comments dated 21 Feb 06 regarding a designed stormwater overflow into the River / Estuary / Lagoon for the subject project. We would like the Engineers-of-Record to address this more fully, particularly in the context of the SJRWMD permit. We would like to see the SJ comments about that. If SJRWMD approves and permits that feature, the Engineering Department is likely to have no objection. - Dave Fisher -----Original Message---- From: David Fisher Sent: Tuesday, July 11, 20063:18 PM To: Jan King Cc: Rebecca Grohallj Dorri Bosworthj Rich Stringerj Alfred Minnerj Engineering Interns Subject: RE: Paradise Marina Site Plan Comments Jan -- Further to our meeting and discussion earlier this afternoon, my main comments regarding this project have to do with: (1) the proposed parking configuration along Indian River Drive; and (2) the proposed exfiltration system for stormwater ~reatment. I.e.: (1) The latest project plans continue to call for perpendicular parking along the east side of Indian River Drive (22 parking spaces including 2 HC spaces). This would mean backing out over a City sidewalk into Indian River Drive. We deem this an unnecessary hazard to public safety and impediment to orderly traffic flow (both vehicular and pedestrian) and, absent some further showing of absolute necessity, we object to this proposed parking configuration. (2) Although the City's Land Development Code does not prohibit exfiltration systems for stormwater treatment per se, we do not favor them because of the need for close attention to perpetual maintenance. However, as noted before, the Engineering Department would not object to an exfiltration system if: · There is a clear demonstration of need for an exfiltration system in this case; · There are no viable alternatives to an exfiltration system in this case; · Such exfitration system is properly designed and subject to specific review, approval, and permitting by SJRWMD; and · There is a comprehensive commitment in writing on the part of the project to a specific, detailed, perpetual maintenance plan/agreement for the exfiltration system. The Engineering Department does not object to such specific plan/agreement being accomplished by comprehensive notes on an approved site plan but we point out that would be further subject to the concurrence of the City Attorney and/or Growth Management Department (who may call for a separate self-contained document for such a requisite commitment). -- Dave Fisher @ 1 -----Original Message----- From: David Fisher Sent: Sunday, July 09,20067:43 PM To: Jan King Subject: RE: Paradise Marina Site Plan Comments I am out of the office Monday morning so will not be at the 11 :00 meeting. I will call you as soon as I get back _ probably after lunch. -- Dave -----Original Message----- From: Jan King Sent: Friday, July 07, 2006 5:28 PM To: David Fisher; Engineering Interns Cc: Rebecca Grohall; Dorri Bosworth Subject: Paradise Marina Site Plan Comments I really need your comments on the latest submital for Paradise Marina. I will be finalizing the staff report on Tuesday for a scheduled public hearing on July 25, 2006. Could we go over your comments after the 11 :00 meeting on Monday for the River Oaks project? Jan 2 @ Dorri Bosworth 6U'L-j)ltU~ p\e.e:c.,.v~ From: Sent: To: Cc: Subject: Wayne Eseltine Tuesday, January 03, 2006 1 :15 PM Jan King Alfred Minner; Dorri Bosworth; Rebecca Grohall Site Plan Approval for Paradise Marina Resort Jan, The new site plan submittal for the Paradise Marina Resort appears to be missing the elevator for the East Parcel. Owner must provide vertical accessibility in accordance with FBC 11-4.1.2. . Wayne Eseltine Building Director City of Sebastian @ 1 1201 Main Street Sebastian, FL. 32958 Sebastian Police Department F. T.O. Paul Graves, Community Resource Planner Phone: 772-589-4937 Fax: 772-388-4410 E-Mail: pgraves@cityofsebastian.org Date: 12/28/05 Attention: Jan King Planning & Zoning Committee 1225 Main Street Sebastian, FL. 32958 Dear Sir or Madam, This letter is in response to a request for Paradise Marina Resort site plans for review and return suggestions to the Planning CommissIon. I am submittina the followina suqoestions and concerns; 1. Fire, Emergency Services and Police will need access to all areas of the property should there be a fire from vegetation or personal emergency arise. 2. This business should have evacuation plans for natural and domestic disasters for the safety of the guests residing at the establishment. 3. The. buildings should be clearly marked so the numbers can be seen from the street, this will help all agencies responding to an emergency find the location faster. This is also a required Item. 4. Make sure the Police Department has key holder Information and phone numbers for person{s) to contact for any emergency. Make sllre the Police Department has all access codes needed to enter the property If you are going to have gates or special locks. Per City Ordinance all Alarm Systems must be registered with the Pollee Department. 5. Ughtlng Is one of the greatest ways to deter crime so my suggestion Is. to have Metal Halide lights'; this gives off a White light and allows for better recognition of suspects' by providing a view of true colors. Motion Sensors should be considered around Important buildings. 6. Handicapped Parking should be clearly marked close to the office. Wheel-chalr ramps should be made for easy access for the customers. Parking Is always a problem so make sure you aUow for enough spaces for guest that will enter the office area. 7. Bushes should not be higher than 3 feet and any trees should be clear up to 8 feet. This allows Law Enforcement to see clearly around tile business while patrolling the area. This will also allow your customers to find the Front Office and view service area more easl/y. 8. The sidewalks on Indian River Drive are used every day al'!d there Is a lot of pedestrian traffic In this area. By keeping the vegetation cleared to the required limits It will allow drivers to see pedestrians walking on the sidewalks. 9. CONCERN - I still have a concern with the parking lot near the sidewalk. This could easily lead to accidents between vehicles and pedestrians. With the Increase traffic flow from the bar and the pr~sence of alcohol this could be a serious problem. 10. CONCERN - I stili have a concern regarding the bar in a hotel setting. This allows the general public to enter the buIlding where people are residing. This could lead to an Increase In crime against the hotel residents. Is t"e~e a olan to orotect the custol)lers? 11. Reminder - The City has had an increase In traffic all over the city, so when you finish any parking lot make sure that yOu have STOP $IGNS' In place at the driveway exits points this Is a required Item. This will also Increase your customers' safety. You do not.have a lot of area to work with so please think through your entry and exit points. 12. Reminder - Please be conscious .of the heavy vehicle traffic flow on Indian River Drive and traffic backup In the area. Is there a plan for this? 13. Code Enforcement has reviewed the plans and a report was sent to planning and zoning. I am a Crime Prevention Practitioner, Homeland Security Specialist and Emergency Manager/Planner. Sincerely, F.T.D. Paul T. Graves @ Indian River County Fire Rescue 1729 17 AV 772-567-3160 Vero Beach, FL 32960 Fire Prevention Violation Notice Wed Jan 4, 2006 Paradise Marina & Resort 1109 Indian River DR Sebastian, FL 3.2958 File (OccupanCY)ID~ 001921 An inspection (or plan review) of YO\ilr facility on revealed the violations listed below. Wed Jan 4, 2006 ORDER TO COMPLY: Since these conditions are contrary to law, you. must correct them upon receipt of this notice. An inspection to determine c011lpliance with this Notice will be conducted on at I I If you fail to comply with this notice before tne reinspect ion date listed, you may be liable for the penalties provided for by law for such violations. Via],atian Cede This plan is released as submitted. No violations Repaired 01/04/2006 Artlc:Le Division Page .. '0. u.... u_.......... __.._n..._._..... .-.-......- .......--...... ..._.... ..._.... ----__n_.h.._...... n__._.. ..___... _h... ..n.... .... ._'_n_. ._. ._..n_._....... u__._.. _._u.n..... Sparling, Patrick C (Electronic Signature) Inspector x \ Occupant/Owner @ 01/04/2006 09:21 Page 1 7."d nl.n11"\1~~' , January 11, 2006 r~ INDIAN RIVER COUNTY HEALTH DEPARTMENT .:-----... -'" ({i\.'\92021<<.::- ~'.'."'. ..;,~ , ' -...t-2 it 'Ne~ ~ ;;t ~ece~ ~ (" , ~ N J~~ ~ ":' 0 ~l '" t.P '. & '~a GtO'fi\\\ (~p .;) t) "c., (;< v-. ,9q....,;:-""'\,/ -';;Vv /Ll . -----'~ ....... ~ M. Rony Frans:ois, M.D., M.S.P.H., PhD Secre~ Jeb Bush Governor Ms. Jan King Community Growth Mgmt. Dept. City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Paradise Marina Resort Dear Ms. King: The following comments are relative to our review: 1. -.. . ....The.existing..buildingswiII-reqUire..pre-demolition .inspeations 'conducted. .. _ ...... by the department prior to issuance of a demolition permit. . ,I:. . to' 2. The project engineer is reminded that the agency HRS is no longer in existence. Commercial swimming pools are regulated by the Florida Department of Health. 3. Permits are required for the abandonment of existing wells. If you have questions or need additional information, please contact me. I n R. Schuessler Environmental Supervisor . __.,' i;:., :....' . .. :.;', '-,1..' . ". ,', EnvironmcntaIHealth 1900 - 27th Street Vera Beach, FL 32960 . ;.Ji.:' .~ "'.:. .', ~;..i ,.' t":' ~~i t. ; :... '. . ':i '.:.:',' ""'10.... . @ . .' ;' ~ ". ":. ,'.... '. .' ," - ~.: .', . : ." .' . .!;. .. l :- ~:. '.: .:., .1,,' ", .... ._:...~.. ..~.~: . ~.': ~..' Telephone: (772)794-7440 Suncom: 259-7440 Fax: (772)794-7447 GiJ. INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES INTEROFFICE MEMORANDUM DATE: JANUARY 9, 2006 TO: JAN KING GROWTH MANAGEMENT DIRECTOR CITY OF SEBASTIAN MIKE ;HOTCHKISS, P.E., m If.. CAPITAL PROJECTS MANAGER " .~.'- --- THRU: FROM: GORDON E. SPARKS, P.E: ENVIRONMENTAL ENGINEER SUBJECT: APPliCATION FOR DEVELOPMENT ORDER SITE PLAN REVIEW P ARJ\.DISE ~A RESORT d.l3- 3' We hav~.review~~. the,abQye-J;~f.er~ced p~je~t., ..~~,.{QUq~g.c~,~ep.ts must.be addressed and/or inc.orpor~ted PP9!:t.Q ~it~ pi~, ~ppr~vaJ;,:. ',:::'! .,.:~ "'<':';,,~'.,.::" ,;:... .:'. ,. .. '. ., . . ..' .... .. .. '.... .'. ;'....... .'.., ....".. ".: ,':, :'.. ,.... .. . . . Water and sew; available, must conn~t.. The .~ioj'~t must pay its proportiona,te share of the Washington street Sewer Project lift station and gravity main in .&ldition to other connection and capacity fees. The cost for this shale is $10,602.25, as shown on the attached sheet. . Contact Kevin Osthus/Utilities (567-8000 x1824) for survey ~d as-built requirements. . A full set of construction pl~ must be submitted for a Utility Construction Permit and capacity charges must be paid to guarantee capacity. Proposed siz~ and location of water meter(s) must be indicated on plans. Water and sewer services must be installed outside of paved areas (in grassed areas) and outside of courtyards or fenced areas. . Applicant must provide building plans and description of proposed water uses, including . swimming pool, seating capacity of restaurant, laundry facility, or any other supporting fea~e. of ~e. complex.. '. ~apacity charges and account deposits will be required for connectipn.to CQunty.w~te:qlI1d sewer,h~ed on plans and uses!.' ...-. ..... . . -- ... :' ...... '.' ....,. ...; .... . Applicant must ins,tall an aboveground, non-galvanized metallic double check valve with a r~duced pressure feature on potable water service line to prevent back-flow of F:\UtiHties\UTILITY - ENGlNEERING\Projects - Sebastian Reviews\SITE PLAN REVIEw - PARADISE MARINA RESORT COMMERCIAL SITE. JANUARY 3, 2006.doc . . ." . ..... ., ~ . ..... .....- --.. ....... Page 2 contaminants associated with business into the County water system. Manufacturer and model to be approved by the County. · Fire protection may be required. Applicant should contact the Indian River County Department of Emergency Services at 562-2028, ext. 3001, for fire protection requirements. · Contractor must call for utility locations 48 hours prior to construction. Water and sewer facilities can be located through Sunshine State One at 1-800-432-4770. · Line extension fees and/or account charges must be paid for connection to water and sewer. · Floor drains, storm drains, swimming pool drainage, etc., that collect waste that is not generated from potable water, are not allowed to be connected to the County sewer system. A set of plumbing plans must be submitted to the County for verification. . Applicant must provide separate treatment system for any waste not generated from potable water. Treatment system must be permitted through the Environmental Health Department. · ,Glued-joint PVC construction is not allowed for water, or sewer mains. Specification of ., construction material must be PR-200 for pipe sizes less than"4" diameter, and C-900 for . pipe sizes greater than or equal to 4" diameter. . · For your information regarding the Solid Waste Disposal District, an assessment for solid waste shall be paid at the time construction of the parcel has been completed, immediately prior to obtaining a Certificate of Occupancy. For.further details, contact Donna Stark at 567-8000, ext. 1300. · All commercial services greater than 5/8" diameter or serving more than one" customer must..be ~view:ed and appr.ov~d"by..1ndian.Riv~" CoUnty lJ.ti1itit'?s.an4 th~ Depa$ne.nt .9f " Environme~ta1 Protection. (t>EP). . In certain cases, a utility conStruction and/or DEP permit may be required. If a DEP permit is not required, applicant must provide written notification from the DEP. . · Downstream wastewater collection system must be evaluated and/or modified for impact of development, prior to issuance of Utility Construction Permit. · Contractor must call for utility locations 48 hours prior to construction. Water and sewer facilities can be located through Sunshine State One at 1-800-432-4770. · Irrigation meters are no longer allowed to be connected to County water. Private wells may be utilized for iIrigation ifpermitting allows. ~ . . . ~. Page 3 · All on-site flow wells not in use must be abandoned and plugged. St. Johns River Water Management District must be contacted regarding modification of associated consumptive use permit. Funding may be available from St. Johns for plugging wells. Contact Roland DeBlois with the Environmental Planning Department .for details of well plugging program. If you have any questions, please can me at 567-8000 ext. 1823 GES/ges cc: W.. Erik Olson, Director of Utility Services Robert Keatit)g, Community Development Director Stan Boling, Planning Director Lori Hoffinan, Environmental HealthDepartment @ ~.~ July 27,2006 To: Planning & Zoning Commission City of Sebastian -=--., 4.~6171819~ ~. /;{,~~~'-.A 0<" "'\ ~ ,(. ~ ~ \ f. ,'.:...;..- Received \ \ ; ~: [JUL 2006 ~ (j): P&Z lit; \s>~: Growlb Mgot, ~ J ~~ ' qJJ I ~C'l-~tO~~ There should be no question about this application. It has bee and denied numerous times. Nothing has changed. Therefore, we stand on our previous position which is attached and we ask be made part of this public hearing. Apparently the applicant feels he can wear down the will of the Commission. From: Willard & Katherine Siebert 1013 Indian River Drive Sebastian, FL 32958 Members: We ask you please deny this request again. We sincerely regret that we cannot be there in person. We have a previous year long commitment for a hiking trip in the Canadian Rockjes. We have confidence that the Commission will speak clearly for us on this matter. ~ · .~4f- Kath~ @ Willard W. Siebert, Jr. 1013 Indian River Drive Sebastian, FL 32958 . September 6, 2005 To: Sebastian City Council Sebastian City Planning & Zoning Commission Sebastian Growth Management Department Sebastian City Manager From: Willard W. Siebert, Jr. Re: Paradise Marina Resort It has come to my attention that the proposed Paradise Marina Resort has submitted revised site plans and is tentatively scheduled for reconsideration of variances. I want to go on record strongly opposing any variances for this project. I firmly believe that they do not meet the criteria that would allow consideration of such a request. There are no special conditions or circumstances. There are no conditions that were not created by the applicant. There are no hardship conditions other than allowing a higher intensity than would normally be allowed. If granted, it would result in granting the developer special privileges and it unquestionably violates the intent of the ordinances. Furthermore, I strongly object to the way revisions in their site plan are being handled. It seems to me that site plans should be finalized with plenty of time for review by the Growth Management Department, other applicable city departments and interested members of the public. Additionally, it makes no sense at all to put the project up for site plan review when there are still unsettled variance issues. Why would the Zoning Commission review site plans that do not meet code? The argument that conditional approval could be granted pending consideration by the Board of Adjustment is just plain nonsense. The whole purpose of the site plan review is to make sure plans meets the zoning, engineering, drainage and code requirements. How is that possible when the code requirements can be changed by the Board of Adjustment? Shouldn't the Planning and Zoning @) @ Commission be the interested in seeing the fmal product? I am certain most developers would prefer to have the variance issues heard first to avoid the expense of revising site plans that require variances before meeting code requirement. I would also request that I be notified of any consideration by Council or its advisory boards prior to any meeting regardless of legal requirements. Finally, I would like to state in the strongest terms that the development of our riverfront is critical. No matter where we live in Sebastian, I think: most would agree that the riverfront is the very soul of our city. The integrity of the codes governing usage must be zealously protected and enforced or all the work that went into creating a vision for this area will be compromised. If development is not feasible because of code requirements, then that is the wrong project for Sebastian. Please protect ourvinterests and don't allow developers to jeopardize our future. City of Sebastian Development Order Application Permit Application No. Mr. Damien Gilliam Address: Sebastian, Florida 32958 Fax Number: Phone Number: E-Mail: Owner (if different from applicant) Name: Address: Phone Number: ( ) I Fax Number: ( ) E-Mail: Type of permit or action requested: Site Plan A roval PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF AL~ MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATrACHED AND 81/2" x 11" COPIES OF ANY ATrACHMENTS SHALL BE INCLUDED. ATrACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. A. Project's Name (if applicable): Paradise Marina Motel B. Site Information Address: 1034 & 1109 Indian River Drive Lot: Block: Unit: Subdivision: Indian River County Parcel # : 31-39-06-00007-0000-00009.0 31-39-06-00009-0000-00001.0, 2.0, 2.1 Zoning Classification: Future Land Use: CR/CWR Commercial Existing Use: ResldentiaUMarina/R . Proposed Use: estaurant Motel/Marina/Restaurant C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessary): Site Ian a roval to construct a 22 unit motel & a14 unit motel. DATE RECEIVED: 12/ JS"d.s- FEE PAID: $ tJ/Pt ~RECEIVED BY: ~K.. Form CD-2001 Pa e 1 of 3 A roved: 08-27-97 Revision: Iication Jt' pe ('" C ,. +1 Co ~ t"\ c.. , . t of I'Z..' 14. as , D. Project Personnel: Agent: Name: Address: Phone Number: ( f fFax Number: ( ) E-Mail: Attorney: Name: Address: Phone Number: ( ) fFax Number: ( ) E-Mail: Enaineer: Mr. Bruce Moia, P.E. Name: MBV Engineering, Inc. Address: 2455 14th Avenue Vero Beach, FL 32960 Phone Number: (772) 569-0035 fFax Number: (772) 778-3617 E-Mail: brucem/alinbvena.com Surveyor: Mr. Stewart Houston Name: Houston Schulke Bittle & Stoddard Address: 1717 Indian River Blvd., Suite 202C Vero Beach, FL 32960 Phone Number. (772) 794-1213 fFax Number: (772) 794-1096 E-Mail: .J2j, S} OS Date Sworn t nd subscribed before me by mmlet) 6i W'alns Who is Dersonallv known to me or produced as identification, this (5 day of ~f'mf;l!.r ,2005 ~ NOTARY'S SIGNATURE . PRINTED NAME OF NOTARY . .. . .~ -. . n ~ COMMISSION NO.lEXPlRA TION . SEAL: FURST DUPL Y SWORN, DEPOSE AND SAY THAT: ~ I AM THE OWNER _ I AM THE LEGAL REPRE NTATIVE F THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS ALL THE INFORMATION, MAPS, DATA. AND/OR SKETCHES PROVIDED IN THIS APPLICATION RUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ,UU",.. - "'?.~~~,. .JESSICA HAWKINS ~ .~..-: :,lY COt.>!MISS/ON I DO 270715 .." ~~{ fXPIRES:October22.2006 .r;;.~ donded1lw NcIaJy PublIc Underwrfters Pa e2of3 Revision: The following is required for all comprehensive plan amendments, zoning amendments (inlcuding rezoning), site plans, conditions use permits, special use permits, variances, exceptions, and appeals. I/WE, ~ , THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Plannina ~ Zonina BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IflNE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. -11d'6Io~ Date Sworn band subscribed before me by Jjr~ml f n hi UiAYY\ Who is .,personallv known to me or produced as identification, this , '=> day. of ~j1"" m~ , 2005 NOTARY~SSIGNATURE ~~ PRINTED NAME OF NOTARY , '~)JJ'Y1"'. COMMISSION NO.lEXPIRATION .~ SEAL: ..~\l!\~f~ JESSICA HAWKINS . ~ MYCOMMISSlONIDD270715 EXPIRES: Oclober22 2006 BcndedThru NoIary PublIc u~ Pa e 3 of 3 Iication Revision: o Supplemental Information Site Plan Approval Permit Application No. X 1. Site size in acres or square foot: 0.43 ac. . X 2. Area of impervious surface in square foot: 38,360 SF X 3. Area of pervious surface in square foot: 24,173 SF X 4. Attached the following: X a. Six copies site plan with lot configuration, finished ground floor elevations, contours and designating number of dwelling units, and setbacks to scale indicating compliance with regulations. (Two sets must be sealed.) ~ b. A scaled drawings of the sides, front, and rear of the building or structure, generalized floor plan indicating uses and square footage of each proposed use within each building or structure, building exterior construction material and color, and building height. ~ c. A surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida. ~ d. A land survey with complete legal description prepared and certified by a registered surveyor. N1A e. A traffic impact analysis, if required. X f. An erosion/sedimentation control plan. ~g. A copy of the landscape plan to meet the requirements of Article XIII, Landscape Regulations, and Article XIV, Tree Protection, of the Land Development Code. X h. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. Form CD-2019 A roved: 08-27-97 @ Pa e 1 of 2 Site Plan File Name: Sisite I Revision: ~i. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X 5. The following information is required on all site plans: X a. Location of the site plan and describe the character of all outside facilities for waste disposal, storage areas, or display. X b. Locate on the site plan and show the dimensions of all curb cuts and driveways, including the nubmer of spaced with their location and dimension, details of off-street parking and loading areas, all off-street vehicular surfaces available for maneuvering, surface materials, number of employees and number and type of vehicles owned by the establishment. Any combined off-street parking facilities shall be submitted with an agreement specifying the nature of the arrangement, its anticipated duration, and signatures of all concerned property owners. x c. Locate on the site plan all pedestrian walks, and height or orientation of all signs. X d. Locate on the site plan and describe the character of landscaped areas and/or recreation areas. X e. Locate on the site plan and describe the design and character of all public, semi-public, 0 private utilities such as water and wastewater disposal facilities, underground or overhead electric lines, gas transmission lines, or other similar facilities or services. --!.... f. Locate on the site plan and describe the height and gernal character of perimeter 0 ornamental walls, fences, landscaping, including berms and other required screening devised, and any other plans for protecting adjacent property owners. --!....g. Locate on the site plan existing easements and rights-of-way. Pa e 1 of 2 Site Plan File Name: Sisite I Revision: e~/r8/2005 14:05 77277b~)17 MEV ENGINEERING AU~-le-2ees 12:25 PM JIMMY~S TREE $~RVZCE 772 36.. li'0"l'S PAGE 04/04 P.lllZ · TRAINED PROF8I810NALS . CeRTIFIED AAIORISTS . RO. Sox e582 · V.ro BUeh, FL 32"1 (772) 281-8591 c.rtified Mxmlt Report A\IgIJJt } 8, 2005 SiCt: PIII'IdJIe MIrin& Rmrt 1034 Indiaa RJver Drive SebtltilD, Fl.. 329~a At the "'quewt orMBV EGa:meermg, Jno., Larry Viokm of JimMy'. Tree ServfCllllOlJduoted . pbysical examination oftbe Uve Ollb (~ P/rgIniana) ~ It the PIrIdi.:Marina ltC$OJ't 8m" The examlnaUon was mxtuCUld to determine the S1nleturllIU1eBrity of'the _J~ any huard. they ~ ~ IIDd their basic beaJdJ In J1llation to tho prospeca or~g them Into yourpmjeot plan. Live Ollk "1, widl U-Incla o<<Uper, ill~ In the M$DUOD poIId. It.,..,. to"" heahhy and . strong with plenty of fbJiaae ud wOUld be IQ UMt to the site. LM Oaks tJ. and '3, with 21..fach callPers,are aftuatcd with tNir II'UIIk fI_ ~er,y ~ together. l'be flit...... on tbeIr crowas an hm J.k ot""lfPt. Far ~ ndGcatkm of ~ this size. 8 miDimum or9 Inebo. ofrwt NI' it *1U1red f'oreway 1 inGb otoa1fper. Those two treQ fall sh(Jtt 01_ ~ because the)r In wftbout enoup ftIOt baD. . LI"" Oak *4, lVitb 32--fDch caJIp<<, b. baslaallytbe same problem as. ~ 2 .clS with regard to the caUper \'S.root bill sfa. It Is also leaam, IUbstatiaUy, matfq fr8IIIpIamlnSJl. the more cUftlcuJt. LIve Oak #5, with 32-fnoh calJpcr, It_two codomJaant JJmbs 1bat Ire ~ au ~ . amount of'''''Ofght. As ~ tree IfOWS these Umbs In likely to spllr In IaaJ( 0lI1IIJq'the atfm rn. to .1 and ereate a C()nsfderabl, HlblDty u a baard 011 your m.. 'J'here b 11so. ~ amo.mt of deoay In tbeec NIJle Hctbl tI1at wUhontfnoe to sprwwJ. Live Oat H, wIth J2.iQQh ~lIpIr, also his muJ1fp.le oodomrlJlDt Jaders 1Vit1I ~ to fiB IOd rmilt hl tbe lJIme problem. lIS ttee number 5. Thil tree has ~ ~ dlmlge Ie the oemer or~ crowa wl'th '"111)' dead ad bmkea Umbs. '111. cnnah IZa has III crv..- ~ of vfnes around Its Iefp I_en II1d th~ fit dct-ay at SJ"OUrJd levehbat I. sprwding &om wIud- bmbn 11mb Iitw. SUMMARY IRBCOMMENDAnONS Out oftbe 6 Live Oaks I mJuat<<f, only 'Ill would be a 300d _~ fbr~ ill its ~umnt t~ QD site. TIle othm 5 tm:s have questionable wortII tbdDOlutron fu )'Oar duo to the rnunetws tuv.s of~ I bIml O1CDtIoned.1boup tbey IIJI)' 1ppeIr..1atI h8l11tJty at this time, d\ejr IPS ead the eItect QffncvJtabfo compacdoa otmot IJ'ItemI c:ol2structioa mate them poor candfda&es for mention on your job silo. . UltImately, I w reoommend they not be saved to ba part oryour ~ pIau.. ~- '--. @ 509-4436 Vera 231..0091 Beach 9e-0043 Seb8etfan ~ .....,~ Planning & z;onjng 'Board Members C~tYQfSe'btlStian I, 2,7SMain", '.S~re~t. Sebastiari,FL 3295 8 . '. t:--:--..~~-_.,-..._-----_.....:.....:.-..:.-:c.._----.:_._..__. ______.._.__.__. i-\A-rJOW OtA\'" Ai ~ 2.., t\"~1'11\,J~ .: :<-: ::..':;'"-:.>.;'.'":" , -'." ....w~hlN~te~ejyb4..tl1e ,..st~tfJep~rt,'.'.l~t~r~QJll".t4~..;,~otvihM~~g#if;Ilt"])YJlWllieJ1id~t~. . ....it~~~~~t~~l~~~\lI~~ft:l~tAf 8.W e,aqkp6.wl~g~ tillltall.itifo~tiotl llltllis itelllis aG.c;urat~. 9. .' .......a.C()lTIpli~. ,b. (J()1lip~e.(L .c.(;P1JlVUe<i. ."d,;QQ1pp~~.. ....> ". .... .... '.' ". '.' . ..' . .. . . ..>13.We'~giee\\jth'st~~ ,GOJIl111en,t.1;'h.ecoveredpoIti()tl9.f.,the tiki bar \VillJ)e . . "mch!4~'aslJllil4ipg'99Y~{l~~'as~d~~~itl t4~ ,9jty~~,c()~e~ ..,1leg~~lless,' the .' '.bUjIqmfGOyeragej~slgnlficantly bel()wthe' co4et;eqlijl:em~tapdt~~@ditj()ri.'Qf .' ',., thisar~a <ioesJ:lot.exc~~tl1erequirementand.&houJd.tl()tb.e'grounds for 4,emaI: '.. ". f. t1~~po~dance\Vitht4eQity.Gotie4efin1ti()~()t~()orar~~rati()",itciPP~arS.tlJ,at " .' '. statps applicatioll. RJ tl1ecocie mthiSaspeCt ~ mcon:ect... Tl1e de.:finitlQA ~l1tllecqcle "states.that. floor area as . "the .areajn,clud.edwitPii1the'o"qtside'iilir11~iQDs .'of :all. . '~clo.~e((floorareallI1derroot: ,exClu4ipg' garag~:' opel1an.a-,SCr~~~.Porc1;le~, . ...,' pgp()rt~;terraces, '~l1CJpati()S.$iAcettWflo()!', ar~a ipql~<i~;.i~i,Ilyeh91oged'ar~aS' ..' j~~ ,qpv~~,;()pep.W~~)' A()~s:pptapply ,to flOP! 'a.re~ra,ti()s~Iri;a44itioistaff .... . 'c,'.',':-, . 2455-14th Avenue Vera Beach, Florida 32960 . Phpne (T72) 569-0035 . . .f=ax(772) ,778.;.3617 1'" I July 21, 2006 06-1003 Page 2 has required us to include all open walkways, breezeways, balconies, and'porches as floor area, this project is well below the required maximum floor area ratio. Since the proposed site is in compliance with this requirement, the minor discrepancy on the plans should not be grounds for denial. g. Complied. h. The floor area ratios have been removed from the MAl plans in the plans submitted for the P & Z package. i. -Complied. j. Materials and colors are now on the plans. k. Complied. L This comment was not in the staff's review letter of June 21, 2006; and to our knowledg~ is not a code requirement. . m.All radii required by the county fire department has been met. A ten-foot radius is typical for a parking stall, five foot is usually acceptable. We are not aware of any code. viql~~i()n here. n. Asp~ ofdUlcllSsio]1S :in the publi,c hearings and with staff: we were led to b.. ...eli.".ev...e. tha..t i..fth... e.' res.. 6ft was secUJ:"edan. d private,.. all am.. . enities woul. dbe.. . '. , - '. . . .- . . ...- .. . . . . col1$ideredacc~s!)o~, ...~. .patrol1$can o11lY' do. one aqtiyity at a time, . aqditional p.....ar........kin... ........g..'...w.......as......Ilo..t.to.1>..e........r....eq. ..'. Ulr. ..e<i. The. p.arkin.....g...da.ta for. t.he br.eakfas.. .. .....t...ar. ..e. a. w. as.. corre~.at3 80, .~typoOIlJhesiteplat1at the1J'l1il~ing '~velope will beCorre~ed fr91113~Oto3~p.,JfQweVef' .... tpe.l)ar~g is'. provided correqtlY.,T~1ninor di$~~wiqy pp.t4eplarisshollId. Ilotbe grOllJiq~, fordeoiaL o.Ay~ancePas1Je~ir~~est~fort11isiteID. ' .' .'. .. '" .. . '. p, Avariancehas.beenrequesteqfor this item. q. Col11plied. . ,. ", . . . r.ColllPlied. s.Compli,ed. t. Notapplic~ble, as noted by staff. u. A variance has be!ID requestedror this item. v. C0111plied. .... . . w. Coinplied. x. CoIpj>lie<i. y. ComPlied. z. A~J:RWMD Permit approval for the proposed system is pending and will be proyided~h~ obtait1e<i. . . . . , aa. COIill?lied. . qb. Co111plied. cc.COIi1plied. 11. Compli,~ 12. a, 1\1aterials and colors are now on the plans. CJD0] / ( July 21, 2006 06-1003 Page 3 b. No ground level mechanical equipment is proposed. c. Refer to Item 9.n. 13. a. A variance has been requested for this item. b. Avariance. has been requested for this item 14, All principal uses are provided in the traffic statement. 15. - a. Complied. . b. ComP4ed, c. Complied. d. Proposed utility services are and hClve been provided on Sheet C3. e. All structure dimensions are providedon Sheets C1and C~. t: Complied. g. Complied. h. Complied. i. Complied. j. Will comply based on outcome of variance... k. Complied. . 1. A lett#hasbeen provided by thearbo:rlstexplaining theC()nqition of the existitlgoak trees, .1'h,e4esign .pres~e8t1:lt::l1igh~tqualitytrees. Reloc;ating. th,e stfllcturepasnotqernonstrateclJhatitwol1~d fedllcetp.e.in1PClPt. ....... . .'. . lD.Tl$<;<>n,llllentwasllot]n the staffs revjeW 'letter ()fJlJP.e'~J, 2QQ6, however. .. we WiUlDo4ifythe . pl~' to .C()mply. . Tl1i$tn.illQrdjsq-ep,~cy . on the plans sh,ould tio~Pegr()UAdsIor4~al. ".' . " .... .... · '.' .... ." ...' .....,., .... . " 11.Cowklied~; .... o. COJ:l1Pli~. . p. ThfflC()Il)1llentwas not in the staffs review letter of lune 21, 2006, hQwever we WillfI1odny. the Plan to.. comply. This lllipor discrep~cy on. th,e plans. should not begr()llp.ds for denial. .' 16. ComplicXI. . 17.' CO~'plied. 18. Complied. 19. Complied. 20. ColDPlied. 21. Complied. 22. Refer to Item 9.z. 23. Refer.to Item9.11~, .. 24. In regar4s to the issues f()r t~e condition'll~e, the proposed design ,and use is a significant reduction in the freqllenPY of the Ul1Safe movements Ofl~ClCkingintO the str.eet than the existing use, which isapllblic b~. A. resort is low ininten,sjtyandfrequency, whic;h . creates longer stays . ,an41~strips ,an4retlects a farrilly atnlosphere. The~*ting PCJ.f.has higlJ. peakyoluttJ.es.and,.hi,gh tUrnoVertripsap,d'lDoYement~..ItisQur.opinion that @ July 21, 2006 06-1003 Page 4 the proposed use will increase the public health, safety and welfare by crea~ing less trips, less parking movements, more family recreation, and much more tax hase, 110t tornention . the aesthetic improvement to theconnnunity. 25. Noadditi(:malCOmmentswereprovided to this office. Wehave~een correspondance from other agencies, however it all pre-dates the resubrnittal of the site phm approval application, except for IRCFire which is. approved. . . .... 27.<'Ye do notagree with sta.fPsconc111sionand believe that the. plan is insubstaptial coIrlpliancewith the'City' s LDC, except for the requested varianc~ and i?vaiver~. 28. We fOnnallY request.that . theP .&. Z. board overturn thestafPs recOmmendation and vote to approve the site plan and conditional use requests and waivers. Should you have any questions regarding the above subject, please call. " ',- " ,. " , ., .'. :.. B ! SCRIPPS TREASURE COAST NEWSPAPERS Vero Beach Press Journal 1801 U.s. 1, Vera Beach, FL .32960 AFFIDAVIT OF PUBLICATION ~ :A.: ~ !Ii SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, S. Darlene Broeg who on oath says that she is Classified Inside Sales Manager of the Vero Beach Press Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says that the said Vero Beach Press Joumal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Vero Beach Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number PO# Pub Date Copvline CITY OF SEBASTIAN /GROWTH 1481333 10/6/2006 PUBLIC NOTICE OCTOBER 25, 2006 Subscribed and sworn to me before this date: Octobe~.. 2006 $. ZftUc-~f.~ ..... ~ /' ~ jj~ --(/2- , Notary Public 7V' // "21':'11//1."" ,/ ,..;A~" ~ '" ~~ .~ tij~? /~ "'(..).~./> 46;.... , ..~'~ ~" . (0 ~\ i ;~, ...\~ -$ I,"~ ~ (; '~~ I'" <'l..~~,.,r;:..o 0 I /,., "'" 'I;) N , \ c:~ ,~'~"~ ~ ~ \ \" "i' OJ ,>>\.1;} . A.-, \ c'.'. ",;5>; .,' I \ - \ ...)~''> / '/ ., \,.,';'~' 1\ I \. ,",-'!< ~ 1..-~\ -r"': -' '. ~<t~?.~Q;~~ ,,:,:!C?:>/ -- _. ----- ......., MARY T. BYRNE ,\\~y PI/'I f FI 'd i'.?m"<~ Notary Public - State 0 (,:' ~ a, ~. .. .. . ~My Commission Expires Aug'2..~1.0 \."?, ffi Commission # DO 544327 . "':t,9f,rit~" Bonded By National Notary Assn. ~~ - PUBLIC NOTICE CITY COUNCIL CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN CITY COUNCIL OF INDIAN RIVER COUNTY, FLORI- DA, HAS SCHEDULED A QUASI:JUDICIALPU B- LIC HEARING IN THE , CITY COUNCIL CHAM- B E R'S, 1 2 25M A I N STREET,SEBASTlAN, ON WEDNESDAY, OC- TOSER25TH, 2006, AT 7:00 P.M., TO CONSlbER APPROVING A SITE PLAN APPLICATION, CONDITIONAL USE PERMIT, AND WAIVERS FROM THE RIVER- FRONT OVERLAY DIS, TRICT REQUIREMENTS FOR A TWO-STORY HO- TEL RESORT ALONG WITH REQUIRED PARK- i ING,. LANDSCAPING, I AND STORMWATER , DRAINAGE TO BE LO- CATED AT 1034 AND 1109 INDIAN RIVER DRIVE (PARADISE MA- RINA AND PROPERTY SOUTH AND ADJACENT TO WASHINGTON PLA- ZA). CURRENT ZONING IS CR (COMMERCIAL RIVERFRONT) AND CWR (COMMERCIAL WATER- .FRONT. RESIDENTIAL) AND' LAND USE IS RMU (RIVERFRONT MIXED USE). ALL INTERESTED PAR- TIES MAY APPEAR AT THE HEARING' AND BE HEARD WITH RESPECT TO THE PROPOSED SITE PLAN, CONDITION- AL USE PERMIT AND PROPOSED WAIVERS FRO M TH E R I V E R - FRONT OVERLAY DIS- TRICT. SALLY MAIO, MMC CITY CLERK CITY OF SEBASTIAN, FLORIDA ANYONE WHO MAY WISH TO APPEAL ANY DECISJON THAT .MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDIN.GS IS MADE, WHICH RECORD' INCLUDE.S THE TESTI- MONYAND EVIDENCE UPON WHICH THE AP- PEAL IS BASED. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL AC- COMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)-589-5330 AT LEAST 48 HOURSPRI- OR TO THE MEETING. PUBLISHED: OCTOBER 6TH, 2006 1481333 @ I@