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HomeMy WebLinkAbout06232010 AgendaHOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 23, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION Rev. Richard Jones, Sebastian United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.073 A. Presentation of Plaque Employee of the 1 Quarter Susan Lorusso 10.096 B. Proclamation Treasure Coast Waterway Cleanup Week Week of July 19 10.097 C. Presentation of Plaque Letter to Blue Ribbon Boarding and Grooming "Yappy Hour" Fundraiser for Local Police Dog Ballistic Vests and Related Equipment 10.098 D. Presentation and Update on Deepwater Gulf Oil Issue Martin Smithson, Administrator, Sebastian Inlet District Brief Announcements 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 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. 5-14 A. Approval of Minutes June 9, 2010 Regular Meeting 10.099 B. Waiver Bid and Authorize Staff to Negotiate One Year Contract Renewal with 15-18 Florida League of Cities for Property, Casualty, Liability Workers' Compensation Insurance Renewal (Administrative Services Transmittal, FLC E -Mail, Preliminary Renewal Savings Table) 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 9. PUBLIC HEARINGS None �J 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT 12. NEW BUSINESS 10.100 A. Award Employee Group Health to Blue Cross /Blue Shield of Florida Inc. Dental, 19 -40 Life and Long Term Disability to Florida Combined Life Group Vision to Humana Employee Assistance Program to MH Net (Admin Services Transmittal, RFP Analysis, RFP) 10.101 B. Old School House /City Hall Use Agreement Retired Seniors Volunteer Program 41 -45 (City Manager Transmittal, Agreement) 10.092 C. Florida League of Cities Conference Issues (City Clerk Transmittal, FLC Letter 47 -52 and Forms) i. Select Voting Delegate for FLC Conference ii. Consider Any Resolutions Council Wishes to Propose to FLC Membership for Consideration at Conference Re: Commemorative, Constitutional or Federal Issues 13. CITY ATTORNEY MATTERS 10.102 A. Report on Legislative Issues Re: Council's Ability to Take a Stance on Ballot 53 -56 Issues (Florida Department of State Opinion DE10 -07) 10.103 B. Litigation Update (Memo) 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS 10.024 A. Charter Officer Evaluations (Transmittal, R- 10 -05) 59 -63 B. Mayor Gillmor C. Vice Mayor Hill D. Council Member Coy E. Council Member Wolff F. Council Member Wright 57 -58 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. 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. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: July 14, 2010 Regular Meeting 6:30 pm July 28, 2010 Regular Meeting 6:30 pm August 11, 2010 Regular Meeting 6:30 pm August 23, 2010 Budget Workshop 5:30 pm August 25, 2010 Regular Meeting 6:30 pm 2 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45 Regular City Council Meetings Public Input is ALLOWED under the headings: Consent Agenda Public Hearings Unfinished Business New Business 4 Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters 4' Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agenda is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of the City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity to for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISEE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 3 3 City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright None. CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 9, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the regular meeting to order at 6:37 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart Public Works Director, Jerry Converse MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.001 A. Certificate of Appreciation to Chuck Neuberger, Planning Zoning Committee Service Mr. Neuberger was not in attendance. (6) Regular City Council Meeting June 9, 2010 Page Two 10.091 B. Certificate of Appreciation to the City of Sebastian from Commander Bill Boluk, Flotilla 56 U.S. Coast Guard Auxiliary Commander Bolluk was not in attendance. 10.096 C. Proclamation Motorcycle Safety Month July 2010 Mayor Gillmor read the proclamation and presented it to ABATE members, who thanked Council for the opportunity to urge the public to be aware of motorcycles on the road. Brief Announcements 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 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 -12 A. Approval of Minutes 5/17/10 Special Meeting 13 27 B Approval of Minutes 5/26/10 Regular Meeting 10.092 C. Prior Authorization for Any Member of City Council to Attend 2010 Florida 29 31 League of Cities Annual Conference in Hollywood, FL August 19 -21, 2010 (City Clerk Transmittal, Info) 10.044 D. Amendment to Mishler Enterprises Airport Lease Agreement (Airport Transmittal, 33 68 Airport Lease Assignments, 2nd Amendment, Mishler Correspondence) 10.093 E. Award Concrete Services Bid to Regan Masonry Cement, Inc. and 69 94 Authorize Staff to Execute a Three Year Contract between the City of Sebastian and Regan Masonry Concrete, Inc. for Itemized Concrete Services (Public Works Transmittal, Bid Tab) 10.094 F. Approve Purchase of One Used Backhoe from United Rentals in the Amount of 95 $28,972 (Public Works Transmittal, Bid Tab, RFP) 10.085 G. Resolution No. R -10 -18 Powerline Road Deed and Construction Agreements 113 129 (City Manager Transmittal, R- 10 -18, Deed, Easement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE DEDICATION OF CERTAIN RIGHT -OF -WAY FROM THE SCHOOL BOARD OF INDIAN RIVER COUNTY; ACCEPTING IMPROVEMENTS TO SAID RIGHT -OF -WAY FOR ALL PURPOSES; ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM THE SCHOOL BOARD OF INDIAN RIVER COUNTY; PROVIDING FOR RECORDING IN THE OFFICIAL RECORDS IN AND FOR INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mr. Wolff removed item D. Regular City Council Meeting June 9, 2010 Page Three 131 -136 MOTION by Mr. Wolff and SECOND by Mr. Hill to approve items A, B, C, E, F and G of the consent agenda. The City Attorney noted a correction to item G Resolution R- 10 -18, specifically the location of "Exhibit 2" on page 124, noting that each of the Exhibits has its own attachments. Mr. Hill said the motion should include as amended by the City Attorney, and Mr. Wright seconded the motion at this time. Roll call on the motion Ayes: All Nays: None Passed 5 -0 Item D Mr. Wolff inquired about the applicant requesting camping facilities, and commented there are camping areas established in the area and there are hotels in Sebastian. The Airport Manager said he did not include that request in his recommendation and did not concur with camping at the site and that would be a whole different level of discussion. Mr. Wright asked about anticipated accessory operations, and the Airport Director said they want to build another building, with a paint shop which is needed but will require another level of scrutiny and permitting. Mr. Wright said he wanted to make sure those operations are not going into existing hangars. MOTION by Mr. Wright and SECOND by Mr. Hill to approve as presented passed on a voice vote of 5 -0. 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mayor Gillmor announced the Treasure Coast Council of Local Governments has invited members of Council to the July 7 BBQ in Okeechobee, at which Jan Pagano of IRSC will make a presentation. 10.088 A. Parks and Recreation Advisory Committee i. Interview Unless Waived and Submit Nominations for One Unexpired Regular Member Position with a Term to Expire May 31, 2011 (City Clerk Transmittal, One Application, Member List, Press Release) John Tenerowicz was nominated by Ms. Coy and, being the only applicant, he was automatically appointed. Mr. Wolff expressed disappointment in the fact that the former member who came before Council at the last meeting for a reappointment had not been appointed, noting there had been contentious issues, and that this sends a bad message to volunteers. -a cs) Regular City Council Meeting June 9, 2010 Page Four Ms. Coy said he had been interviewed, and Mr. Wright said that person had made a motion to discontinue regular Parks and Recreation Meetings. Mr. Wolff asked if people should be penalized for speaking their mind. Mayor Gilimor said he shared Mr. Wolff's consternation. Mayor Gilimor said he was shocked that his position came up so quickly and the Clerk advised her office was required to advertise for each vacant position by Code and resolution, and that a person fills vacant unexpired terms if someone leaves early and this was the case for him. 9. PUBLIC HEARINGS 10.087 A. Ordinance No. 0 -10 -03 Regulating Pain Clinics (City Attorney Transmittal, 137 -142 Proposed Revised Ordinance 0- 10 -03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE ISSUANCE, DUPLICATION, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS OR PAIN MANAGEMENT CLINICS; ENACTING ARTICLE IV OF CHAPTER 30 OF THE CODE OF THE CITY OF SEBASTIAN; PROVIDING FINES AND PENALTIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 Reading 5/26/10, Advertised Legal Notices 5/30/10) The City Attorney read the title of Ordinance No. 0 -10 -03 and Mayor Gilimor opened the public hearing at 6:59 p.m. There was no public input. MOTION by Mr. Hill and SECOND by Ms. Coy to adopt Ordinance No. 0 -10 -03 The City Attorney said if this is enacted tonight, it puts into effect the emergency ordinance and is one way of dealing with this problem which may have to be addressed again in the future as well. He said State law has been enacted and is effective October 1 but the legislature did not fund what they enacted. He said to implement the ordinance, he intended to work with City staff to develop an appropriate affidavit that if someone comes in looking to establish a pharmacy, doctors office, or a professional office, those people will sign an affidavit under oath with two columns, one being their establishment is not a pain management clinic or it is, but it meets the exception in the ordinance. He said if someone misleads us that would be violation of our ordinance, subject to injunctive sanctions as well as significant fines. Mayor Gilimor asked if this would apply to someone selling their business and the City Attorney said it included transfers and this fall, staff will have a chance to review all of the licenses coming up for renewal. Mr. Wright asked that community and staff concerns be brought back to Council and the City Attorney pointed out this was the result of conferring with Police Department and watching their May presentation which is mentioned in the ordinance, and will help in court. Mr. Hill congratulated staff for getting this done. The City Attorney thanked the Police Department and the Growth Management office for providing a lot of background information to do the ordinance. Regular City Council Meeting June 9, 2010 Page Five Result of the roll call vote: AYES: Hill, Coy, Wolff, Wright, Gillmor NAYS: None Motion carried. 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT Mrs. Caffray, 350 Sea Grape Avenue, said she wanted to make sure the City is working on Ms. Sevenliss' chicken problem, noting the chickens crow in the morning and the evening, and the neighbor is revving two motor boat engines every morning. She asked if they will be informed of the pig's vaccination, and if the excess chickens are gone. The City Manager apologized for not calling back Mrs. Caffray and said he did visually inspect 319 Toledo and did not notice fowl, bad odor, or noise, and found the house well kept. He said Code Enforcement Officer lachini found the same as he did and they did see evidence of chickens to which there was verbal discussion with the owner. He said staff did follow up but the owner must be caught revving the boat and given an opportunity for the chicken abatement. Mayor Gillmor asked what kind of time frame should be given to take care of chickens. The City Manager said a couple of days to a week down the road, noting staff will be progressive going from verbal to written warning. Mr. Wright asked if the pig was vaccinated and kept inside. The City Manager said staff did not visually identify a pig on the property, but it doesn't mean they are not there but the Code Enforcement Officers have been given direction to watch the property. Mr. Wolff asked if the Code Enforcement Officer would knock on the door to ask about the pig, and the City Manager said they did knock on the door but no one answered. Ben Hocker, Larchmont Terrace, asked if the City required a sign permit to run for office. The Growth Management Director said political signs are exempt from the guidelines and typically, candidates are contacted at multiple points throughout the election with a courtesy call after the election to remind them to clean up their signs. She said Code Enforcement will pick up the signs if the candidate does not. Mr. Hocker asked if there was a penalty for leaving up signs noting Vero Beach has poster signs up a month in advance up and down our highway. Mr. Hill said signs cannot be posted in the rights -of -way. 12. NEW BUSINESS 10.021 A. Resolution No. R -10 -17 Sebastian Aero Services Leasehold Re- Assignment to 143 177 Cooper Trading Corporation AVGAS Leaseback Proposal by Cooper Trading Corporation (City Manager Transmittal, R- 10 -17, Exhibit A Cooper Proposal, Exhibit B SAS Lease, Exhibit C FDOT E -mail) CJ Regular City Council Meeting June 9, 2010 Page Six A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO REPRESENT THE CITY OF SEBASTIAN IN THE SALE/TRANSFER OF LEASEHOLD ASSETS BETWEEN SEBASTIAN AERO SERVICES AND COOPER TRADING CORPORATION; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. The City Manager said the resolution was for a transfer of lease hold and providing staff the authority to execute a lease with Cooper Trading for the sale of AVGAS at the Airport. The Airport Director said Mr. Cooper would like to take over Sebastian Aero Services, refurbish the area, and add a few Fixed Base Operations (FBO) services noting Sebastian Aero Services does have a FBO lease with FAA approved services. He also explained that Mr. Cooper is proposing that the City lease back to him the aviation gas facility; the facility was built three years ago and has been marginally successful. He said he has been in contact with FDOT regarding the fuel system and he has been given a definite maybe with the City still receiving a profit. He added that he would ensure all fuel would be subject to a fuel flow charge for all fuel dispensed, noting Mr. Van Wyck's lease (Sebastian Aero Services) provides for a two cents per gallon for fuel served from his system, and if he is allowed to negotiate a contact he would like to negotiate that all fuel dispensed from the systems would be charged. He asked Council to consider the resolution and then the fuel facility lease back with Cooper Trading Co. assuming their sale goes through. Mr. Wolff asked the Airport Director to elaborate more on the flight training school. The Airport Director said Mr. Van Wyck's current lease has a flight training provision and Mr. Cooper would like to bring a satellite training facility to Sebastian and start his own facility. He continued to elaborate that a few years ago he bought forward a larger flight training operation that was going to come in but it did not go forward and explained could have control over a entity with a lease so having the satellite operation would be to our advantage. Mr. Wolff said the packet indicated it would be a satellite operation and asked where the core operation is located. The Airport Director said it was located in Palm Beach County with a business associate that would house students here but we don't know who that is. Mr. Wright asked if this would change our relationship with Flight Safety. The Airport Director said it would not. Mr. Wright asked if there is a way to limit the number of planes. The Airport Director said he didn't know how we could limit that. In response to Mr. Wright, the Airport Director said Flight Safety has over 100 planes and 300 students. Mr. Wright asked about the number of planes the previously proposed flight school was going to have and the Airport Director said four. Mr. Wright asked the City Attorney if limiting the planes was a reasonable legal question. The City Attorney advised that Council is being asked to do something and they must respond reasonably to the request and there is no harm in asking. Mr. Wolff asked why the new tenant feels they want to control all the fuel at the Airport and why the change in philosophy to go back the other way after funding and building the fuel facility. The Airport Director said he understood people were having trouble getting fuel on weekends and explained the philosophical discussion of a government Regular City Council Meeting June 9, 2010 Page Seven entity competing with private enterprise especially where there is a lease. He also said the new buyer wants to have all available fuel which is a huge part of a FBO business and he will be able to control price in a 50 mile radius. Mr. Wolff asked how we give this to a total stranger. The Airport Director said he made some calls to people who know Mr. Cooper and say he is outstanding, very successful and he trusts those he talked to. Mr. Wright said the facility is self service, doesn't rely on anyone being there and financially we can make close to what we make now and not have any responsibility, and not really going to lose any money. The Airport Director offered to enter lease negotiation detailing the operation of the system. Mayor Gillmor asked if they could give the nod until Mr. Cooper hears from FDOT. The Airport Director said not on the fuel system. Mayor Gillmor asked to separate the two items. Mayor Gillmor and SECOND by Mr. Hill to approve the lease transfer. Ms. Coy said she was here when the City took over the fuel. Mayor Gillmor called for a point of order, stating they are considering the motion for the lease transfer. Bob Moissante, Roseland, said his concern is three fold: lease, fuel, flight school, and asked is it right to let Mr. Cooper get his foot into the door only to present part B and C later. He suggested tabling all items until we find out what Mr. Cooper has in mind. Debra Maerz, Sebastian Industrial Park, said she was disappointed that no one was informed about Mr. Cooper's proposal until today, Roseland was greatly impacted by the Airport's traffic and has retired people who have the time to pour over the background of these companies that go into the Airport. She said she is against this lease transfer. Mr. Stella, Collier Club, said he is the fourth house on the golf course and asked if Mr. Cooper has been investigated. Mr. Hill said there could be 100 planes next week, and asked if we collected for tie downs, and how many tie downs are on the property. The Airport Director said the City does collect and the lease talks about the west side of the field, totaling 32 tie -downs with 12 in use. Mr. Hill said Cooper Trading would have to rent additional hangars; this is a simple lease transfer and he would not want to put restrictions on any company that tries to be successful in this economic time. Ms. Coy said she is not prepared to support this motion because she doesn't want to split the deal. She said she felt they needed to talk about this more. Mr. Wright said he is concerned with the flight school expanding to an enormous operation, we would probably not deny leasehold rights to restrict that, but he is optimistic that we are not going to run into serious noise issues with should be discussed with Mr. Cooper; however Council has an obligation to approve this lease transfer. Mr. Wolff asked if the language stating Cooper Trading is in negotiation with an established flight school on circle page 154 becomes a type of sublet. The City Attorney said it depended on how they frame the transaction. Regular City Council Meeting June 9, 2010 Page Eight Mr. Wolff said this is not a give -me, Mr. Cooper is inviting an established flight school to locate a satellite division at our facility, so LoPresti or someone else could do this as well. Mayor Gillmor confirmed the fuel is new to the deal and Council could give a nod depending on what FDOT says and he asked if the other flight schools buy fuel from the City. The Airport Director said they do not buy a drop. Ms. Coy disagreed stating the fuel needs to be tied to the lease transfer, she noted the last guy was established, she had some serious questions with how this is worded because if it turned into something as big as Flight Safety she would regret it for our small community. The Attorney read Resolution No. R -10 -17 by title. Result of the roll call vote for the lease transfer: AYES: Wright, Gillmor, Hill NAYS: Coy, Wolff Motion carried 3 -2. MOTION by Mayor Gillmor and SECOND by Mr. Hill to approve the fuel portion of the lease transfer. Ms. Coy said the fuel was not just about the money, when the City took up the facility, the price was different depending who you were, and Council directed that we not be the lowest price gas getting everyone flying in here. Mr. Hill read from the FDOT memo and there were questions about setting prices, indicating FDOT is mulling this over and once they give approval, the fuel lease will come before Council again. The Airport Director said he was correct. Mr. Wolff asked in the event the negotiation between Cooper Trading and Sebastian Aero Services can't come to a meeting of minds, can we incorporate transferring the fuel service to Sebastian Aero Services for management until they find a buyer. The Airport Director said that would be on the table, and didn't see why not. Mr. Wolff said the price has been a contentious issue, and asked would Sebastian Aero Services have the opportunity to do what we are offering Cooper Trading. The City Manager said the short answer was yes; but we would want a term of lease, amount of fuel flow back to the City, and potentially amount of fuel mark up—not too low but don't want to restrict the business' profitability, noting ultimately the Airport takes responsibility if prices are too high as with the hangars. He said they will try to make maximum dollar which will get the aviation community complaining. He said yes, the City can go to Mr. Van Wyck and see if wants to make a deal. Mr. Wright said the facility would provide excellent service to the public which accomplishes a goal of putting in the fuel tanks. Regular City Council Meeting June 9, 2010 Page Nine Result of the roll call vote on leasing the fuel facility: AYES: Wolff, Wright, Gillmor, Hill NAYS: Coy Motion carried 4 -1 13. CITY ATTORNEY MATTERS The City Attorney said he expected to have the next installment update of current litigations ready for them at the next meeting. 14. CITY MANAGER MATTERS 10.095 A. Stormwater Utility Fee Credit Application Deadline Extension (City Manager 179 188 Transmittal, Application Form and Policy) The City Manager said he has advertised the storm water assessment credits and he has received interest and continues to move forward with the credit policy. Roseland Issue He said the Roseland Community Association asked him to invite the public to a political forum for the Republican candidates for Indian River County Commission District 2 and 4 at the old Roseland fire house at 7:00 p.m. on June 15 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Wright none. B. Mayor Gillmor none. C. Vice Mayor Hill Mr. Hill reminded everyone that school is out and asked everyone to be careful. D. Council Member Coy none. E. Council Member Wolff Mr. Wolff said the City is vested to resurrecting the fishing industry and with the gulf coast spill coming our way, he asked if we could ask the officers of the Sebastian Inlet Tax District and County Commissioners what steps are in place to mitigate oil from coming into the inlet. He said if this comes from Council, it will invoke a formal response. Mr. Wright noted the Sebastian Inlet Tax District is meeting tonight. Ms. Coy added there is an expert at their meeting and said what we are seeing on CNN may not be what is actually happening. Mayor Gillmor said they plan to boom the inlet. 60 Regular City Council Meeting June 9, 2010 Page Ten 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 8:10 p.m. Approved at the June 23, 2010 Regular City Council meeting. Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC City Clerk The City Manager said he has been in touch with Sebastian Inlet Tax District Commissioner Beth Mitchell and he will try to get them on the agenda for the next meeting. He also said he is in constant communication with the County, and the City will react the best we can. Subject: Renewal of Property, Casualty, Liability and Workers' Compensation Insurance Coverage FY 10 /11 Ap.rove. for Submittal by: City Manager li Agenda No. 10 0 59 Department Origin: Administrative Finance Director: City Attorney: Administrative Services Services D' L-' /`'i City Clerk: Date Submitted: June 15, 2010 For Agenda of: June 23, 2010 Al M er, City Manager Attachments: Email from John Ligon, Florida League of Cities Tabulation of Preliminary Renewal Savings EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: Included in 2010 -2011 Proposed Annual Budget APPROPRIATION REQUIRED: N/A 9 OML of PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY Effective September 30, 2010, the City's Property, Casualty, Liability and Workers' Compensation insurance contracts for the City will expire. Florida League of Cities has provided preliminary projections of a 5% reduction in property, liability and casualty insurance premiums and a minimum of 10% reductions in workers compensation premiums. The reduction in workers compensation premium is, in part, due to the favorable change in `Experience Mod Rate,' which is a direct result of closing outstanding claims and their associated reserves, coupled with employees awareness of safety Over the past twelve (12) years, the City's experience with Florida League of Cities continues to be positive as they have taken a firm stand against fraudulent claims and have been successful settling difficult claims. By renewing with Florida League of Cities we are able to save valuable staff time and money by not participating in the RFP process this year, in addition to still receiving a 5 10% reduction in premiums, as well as the estimated dividend in the amount of $31,394. Additionally, we are beginning the process to have our property appraised to ensure we have a more accurate replacement value. Florida League of Cities will contribute approximately $2,500 of the estimated $5,500- $8,400 cost for this appraisal. Once the official premium rates have been received, the proposed contract will be submitted to Council for consideration. RECOMMENDED ACTION Move to waive competitive bid procedures and authorize staff to negotiate a one (1) year renewal of the Property, Casualty, Liability and Workers' Compensation Insurance contract with the Florida League of Cities. 0 City of Sebastian 2011 Workers Comp PLC Renewal Rates Page 1 of 2 Debbie Krueger From: Sent: To: Cc: John 6/15/2010 John Ligon [JLigon ©flcities.com] Monday, June 07, 2010 3:28 PM Debbie Krueger Kenneth Killgore Subject: RE: City of Sebastian 2011 Workers Comp PLC Renewal Rates Good afternoon Debbie, I will do my best to answer your questions below. 1. The trustees met this past weekend to approve the new rates for 2010 -2011 and if all goes well with the programming of the new rates I anticipate being able to have the renewal by the time you have requested. 2. Most rates will be down this year for the various lines of coverage. Many factors go into the rating process such as changes in exposures, experience mod changes, payrolls etc. We have not received renewal package from the City as of today which would give us the projected payrolls for next so please provide this information before July 1. If I had to have a number for a preliminary budget I would take the City's premium of roughly 410,000 and subtract 5 However I believe in looking at the favorable change in the W/C mod the overall renewal will be down 10% and could be more In addition to the premium reduction the FMIT will pay another dividend this year which should be around the same as last year which for the City was $31,394. The dividend is larger this year but premiums continue to fall and the dividend is a of the premium for property coverage. I will be able to provide this number before I have the renewal and will let you know as soon as I receive it. 3. Yes, Most of our members use the following companies. They are based out of state but have adjusters in Florida. I would estimate the cost of your schedule between $5500 -$6500 and the FMIT can assist with a portion of the cost. We can pay around $50.00 per building which would be around $2500 when you adopt the appraisal. I would plan to accomplish this in the next fiscal year because I could not meet the deadline of July 15, 2010 for this year if you make changes. We can discuss further the timing. Assets Works Shaun Callahan 4955 Steubenville Pike Suite 401 Pittsburgh, PA 15205 T= 412 809 -0660 F= 412 809 -0777 Shaun.callahan @assetworks.com American Appraisal Lori Flemming 8833 Westmoreland Lake drive Cornelius, NC, 28031 T 704 439 -2515 F 704 439 -0384 Ilemming@american- appraisal.com All you need to do to get a quote is to email your property schedule which I will forward and ask them to a quote and you will have an answer very soon. Debbie, indications that I am hearing is this will be another good renewal this year. The FMIT understands the difficult budgets Cities are facing this year and will make every effort to help reduce the insurance cost which is a large budget item for most cities. I will keep you posted as we get closer to July Have a great afternoon, 1st 0 M y E 0 IQ 0 oe 0 fa, 00 cn q j CM k 0 0 0 AD 2 A 0 0 m 0) n A) 0 0 a. 0 0 p 0 0 p 0 0 0 FD- n w 0 0 5 j 0 k j 0 c0 CV" p. 0 0 0 0 0 X E ,-0 ƒ\ j -0 ƒ 0 0 H R %0 0.. q 0 0 o -t o 0 0 0 0 R CD 0 0 0 2 cl a- CD g ƒ k C 0 &2�m 0 w 00 0 Uri 7 00 o VD 0\ C q 00 m r i 0 0\ 2 q Subject: Employee Group Health, Dental, Vision, Life Long Term Disability and Employee Assistance Program Contracts Approve. for Submittal by: City Manager A I i Agenda No. 0 0 Department Origin: Administrative Finance Director City Attorney: Administrative Services Services L .O `NT City Clerk: Date Submitted: June 15, 2010 For Agenda of: June 23, 2010 A New f er, City Manager Exhibits: RFP Analysis of Proposed Recommendations Request for Proposal Analysis by Gehring Group EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: Included in 2010 -2011 Proposed Annual Budget APPROPRIATION REQUIRED: N/A The recommendations are as follows: CTY Of HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY The current employee group insurance coverage's are effective until September 30, 2010. In an effort to take advantage of the favorable loss ratio we have been experiencing since October 2008, we decided it would be a good time to go to the market and request proposals for our group insurance services. In accordance with purchasing procedures, a notice of invitation Request for Proposal (RFP) was distributed to the insurance firms that specialize in providing these services in April 2010. The Gehring Group, our insurance broker of record, handled the process and attached are the results. The proposals were reviewed with staff and the Gehring Group, and our recommendations are based upon the best coverage, with the lease disruption rate, while still yielding significant savings to the City's share in the amount of $56,141 for next fiscal year 2011. Additionally, Blue Cross /Blue Shield and Humana have agreed to a 14 month agreement, thereby yielding the City a $9,357 savings for August and September of the current fiscal year 2010. Health Insurance Alternate #3, Blue Options 5760, annual City share savings $48,370, with a contract term of 14 months. Current coverage is with Blue Options 1749. Dental Insurance Renew with Florida Combined Life, annual City share savings $6,523, with a rate guarantee for 26 months. Vision Insurance Renew with Humana, premium remains the same with a contract term of 14 months. Life and Long Term Disability Renew with Florida Combined Life, annual City savings $1,248, with a contract term of 14 months. Employee Assistance Program Renew with MH Net, premiums remain the same with a contract term of 14 months. Page 2 Agenda Transmittal Group Health Insurance The reasoning behind the recommendation to renew with Florida Combined Life on several of the coverage's, even though they were not the low bidder are as follows: 1. Florida Combined Life is a subsidiary of Blue Cross Blue Shield, keeping administration duties to a minimum. 2. By renewing with BCBS and renewing all the ancillary benefits with Florida Combined Life we were given an additional 2% reduction on our total health insurance premium. Our experiences with Blue Cross/Blue Shield, Florida Combined Life and Humana continue to be positive, and there are many physicians already participating in their plans within the area. The Gehring Group will be presenting this item and along with City staff is available to answer any questions. RECOMMENDED ACTION Move to award the Employee Group Health and Life Insurance to Blue Cross/Blue Shield of Florida, the Group Dental and LTD Insurance to Florida Combined Life, the Group Vision Insurance to Humana and the Group Employee Assistance Program (EAP) to MHNet for Fourteen (14) Months beginning August 1, 2010. 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HOME OF PILE ISLAND Employee Benefits Evaluation of Rates Benefits Health Insurance Dental Insurance Vision Insurance Life Long Term Disability Insurance Employee Assistance Program Analysis by: GEIIIIN I LT 11505 Fairchild Gardens Avenue, Suite 202 Palm Beach Gardens, Florida 33410 (561) 626-6797 (800) 244-3696 (561) 626 -6970 Fax www.gehringgroup.com 23 City of Sebastian Health Insurance RFP Evaluation Effective Date: July 1, 2010 Current Renewal BlueCross BlueShield Schedule of Benefits Lifetime Maximum Deductible Single Family Out of Pocket Maximum Single Family Coinsurance Office Visits Physician Office Visit Specialist Visit Pre -Natal Physical Exam Benefit Physician Services at Hospital. Mental Health Inpatient Outpatient Prescription Drugs Generic Brand Name Non Preferred Brand Tier 4 Mail Order (90 day supply) Rates: PPO EE Only 69 19 16 14 EE Spouse EE Child(ren) EE Family Monthly Premium Annual Premium Increase Increase BlueOptions PPO 1749 i Out of Network $5 Million None I $500 None i $1,500 Includes DED, Coins, and Copays Excl Rx $2,000 $4,000 $4,000 $8,000 0% 40% $15 40% after CYD $25 40% after CYD $25 40% after CYD $15/$25 Not Covered Independent Clinical Lab No Charge 40% after CYD Advanced Imaging $75 40% after CYD Physical Therapy $25 40% after CYD $2,500 CY Max $2,500 CY Max Chiropractic $25 40% after CYD $2,500 CY Max $2,500 CY Max Urgent Care Center $25 40% after CYD Hospital Option 1/ Option 2 Inpatient $300/ $600 $900 Outpatient $100/ $200 $300 Emergency Room Visit $100 $200 No Charge 40% after CYD Option 1/ Option 2 $300/ $600 $900 30 day Max 30 day Max $25 40% after CYD 20 day Max 20 day Max $15 $30 $50 N/A 2x Retail Copay PPO $527.91 $1,092.75 $992.44 $1,676.10 $96,532.48 $1,158,389.76 N/A N/A Not Covered BlueCross BlueShield BlueOptions 1749 Out of Network $5 Million None $500 None $1,500 Includes DED, Coins, and Copays Excl Rx $2,000 $4,000 $4,000 i $8,000 10% 40% $15 40% after CYD $25 40% after CYD $25 40% after CYD $15 or $25 40% after CYD ($250 Max) ($250 Max) No Charge 40% after CYD $75 40% after CYD $15/$25 40% after CYD $2,500 CY Max $2,500 CY Max $25 40% after CYD $25 40% after CYD Option 1/ Option 2 $300/ $600 $900 $100/ $200 $300 $100 $200 No Charge No Charge Option 1/ Option 2 $300/ $600 $900 $25 40% after CYD $10 50% after CYD $30 50% after CYD $50 i 50% after CYD N/A N/A 2.5x Retail Copay 1 N/A PPO $527.91 $1,092.75 $992.44 $1,676.10 $96,532.48 $1,158,389.76 $0.00 0.0% High level benefit summary. Please refer to schedule of benefits for full listing. Rates may be subject to final underwriting. GEIIRING GROUP 050410 City of Sebastian RFP Evaluation (CB).xls City of Sebastian Health Insurance RFP Evaluation Effective Date: July 1, 2010 Current High level benefit summary. Please refer to schedule of benefits for full listing. Rates may be subject GEARING AGROUP Alternate #1 BlueCross BlueShield Schedule of Benefits BlueOptions PPO 1749 Out of Network Lifetime Maximum $5 Million Deductible Single None $500 Family None i $1,500 Out of Pocket Maximum Includes DED, Coins, and Copays Excl Rx Single $2,000 $4,000 Family $4,000 i $8,000 Coinsurance 0% 40% Office Visits Physician Office Visit $15 40% after CYD Specialist Visit $25 40% after CYD Pre -Natal $25 40% after CYD Physical Exam Benefit $15/$25 Not Covered Independent Clinical Lab No Charge 40% after CYD Advanced Imaging $75 40% after CYD $25 40% after CYD Physical Therapy $2,500 CY Max $2,500 CY Max Chiropractic $25 40% after CYD $2,500 CY Max $2,500 CY Max Urgent Care Center $25 40% after CYD Hospital Option 1/ Option 2 Inpatient $300/ $600 $900 Outpatient $100/ $200 $300 Emergency Room Visit $100 $200 Physician Services at Hospital Mental Health Inpatient Outpatient No Charge 40% after CYD Option 1/ Option 2 $300/ $600 $900 30 day Max 30 day Max $25 40% after CYD 20 day Max 20 day Max Prescription Drugs Generic $15 Brand Name $30 Non Preferred Brand $50 Tier 4 N/A Mail Order (90 day supply) 2x Retail Copay 1 Rates: PPO PPO EE Only 69 $527.91 EE Spouse 19 $1,092.75 EE Child(ren) 16 $992.44 EE Family 14 $1,676.10 Monthly Premium $96,532.48 Annual Premium $1,158,389.76 Increase N/A Increase N/A Not Covered BlueCross BlueShield BlueOptions 5750 Out of Network $5 Million $1,000 $3,000 $3,000 i $6,000 Includes DED, Coins, and Copays Excl Rx $2,500 $5,000 $5,000 $10,000 0% 50% $25 50% after CYD $45 50% after CYD $45 50% after CYD $25 or $45 50% after CYD ($150 Max) No Charge 50% after CYD $200 50% after CYD $45 50% after CYD $2,500 CY Max $2,500 CY Max $45 50% after CYD $2,500 CY Max $2,500 CY Max $50 50% after CYD Option 1/ Option 2 CYD /CYD 50% after CYD $250/ $350 50% after CYD $200 50% after CYD $100 Option 1/ Option 2 CYD /CYD $100 50% after CYD $45 50% after CYD $10 50% after CYD $30 50% after CYD $50 i 50% after CYD N/A N/A 2.5x Retail Copay 1 N/A PPO $496.51 $1,027.78 $933.44 $1,576.42 $90,791.93 $1,089,503.16 $68,886.60 -5.9% 050410 City of Sebastian RFP Evalua City of Sebastian Health Insurance RFP Evaluation Effective Date: July 1, 2010 Current High level benefit summary. Please refer to schedule of benefits for full listing. Rates may be subject GEHRING AGROUP Alternate #2 BlueCross BlueShield Schedule of Benefits Lifetime Maximum Deductible Single Family Out of Pocket Maximum Single Family Coinsurance Office Visits Physician Office Visit Specialist Visit Pre -Natal Physical Exam Benefit Independent Clinical Lab Advanced Imaging Physical Therapy Chiropractic Urgent Care Center Hospital Inpatient Outpatient Emergency Room Visit Physician Services at Hospital Mental Health Inpatient Outpatient Prescription Drugs Generic Brand Name Non Preferred Brand Tier 4 Mail Order (90 day supply) Rates: EE Only EE Spouse EE Child(ren) EE Family Monthly Premium Annual Premium Increase Increase PPO 69 19 16 14 BlueOptions PPO 1749 Out of Network $5 Million None $500 None $1,500 Includes DED, Coins, and Copays Excl Rx $2,000 $4,000 $4,000 i $8,000 0% 40% $15 $25 $25 $15/$25 No Charge $75 $25 $2,500 CY Max $25 $2,500 CY Max $25 Option 1/ Option 2 $300/ $600 $100/ $200 $100 No Charge Option 1/ Option 2 $300/ $600 30 day Max $25 20 day Max $15 $30 $50 N/A 2x Retail Copay PPO $527.91 $1,092.75 $992.44 51,676.10 596,532.48 $1,158,389.76 N/A N/A 40% after CYD 40% after CYD 40% after CYD Not Covered 40% after CYD 40% after CYD 40% after CYD $2,500 CY Max 40% after CYD $2,500 CY Max 40% after CYD $900 $300 $200 40% after CYD $900 30 day Max 40% after CYD 20 day Max Not Covered CIGNA OAP Plan E Out of Network $5 Million $500 $1,000 51,000 i $2,000 Inc! Coins, Excl DED $1,500 1 $4,000 $3,000 i $8,000 10% 50% $20 $40 $20 or $40 (initial visit) then CYD $20 or $40 No Charge $250 $20 or $40 (20 visits per year) $20 or $40 (20 visits per year) $50 10% after CYD 10% after CYD $150 10% after CYD 10% after CYD 10% after CYD $15 $30 $50 20% ($250 max) 2.5x Retail Copay POS $498.49 $1,031.87 $937.16 51,580.21 $91,118.62 $1,093,423.45 $64,966.31 -5.6% 50% after CYD 50% after CYD 50% after CYD Not Covered 50% after CYD $500 50% after CYD (20 visits per year) 50% after CYD (20 visits per year) $50 (50% after CYD if not True Emergency) $500 then 50% after CYD $500 then 50% after CYD $150 (50% after CYD if not True Emergency) 50% after CYD $500 per admission then 50% after CYD $500 per admission then 50% after CYD Not Covered 050410 City of Sebastian RFP Evaluation (CB).xls City of Sebastian Health Insurance RFP Evaluation Effective Date: July 1, 2010 Schedule of Benefits Lifetime Maximum Deductible Single Family Out of Pocket Maximum Single Family Coinsurance Office Visits Physician Office Visit Specialist Visit Pre -Natal Physical Exam Benefit Independent Clinical Lab Advanced Imaging Physical Therapy Chiropractic Urgent Care Center Hospital Inpatient Outpatient Emergency Room Visit Physician Services at Hospital Mental Health Inpatient Outpatient Current BlueCross BlueShield BlueOptions PPO 1749 i Out of Network $5 Million None i $500 None 1 $1,500 Includes DED, Coins, and Copays Excl Rx $2,000 $4,000 $4,000 $8,000 0% 40% $15 40% after CYD $25 40% after CYD $25 40% after CYD $15/$25 Not Covered No Charge 40% after CYD $75 40% after CYD $25 40% after CYD $2,500 CY Max $2,500 CY Max $25 40% after CYD $2,500 CY Max $2,500 CY Max $25 40% after CYD Option 1/ Option 2 $300/ $600 $900 $100/ $200 $300 $100 $200 No Charge 40% after CYD Option 1/ Option 2 $300/ $600 $900 30 day Max 30 day Max $25 40% after CYD 20 day Max 20 day Max Prescription Drugs Generic $15 Brand Name $30 Non Preferred Brand $50 Tier 4 N/A Mail Order (90 day supply) 2x Retail Copay Rates: PPO PPO EE Only 69 $527.91 EE Spouse 19 $1,092.75 EE Child(ren) 16 $992.44 EE Family 14 $1,676.10 Monthly Premium $96,532.48 Annual Premium $1,158,389.76 Increase N/A Increase N/A Not Covered High level benefit summary. Please refer to schedule of benefits for full listing. Rates may be subject GEHRING ®GROUP Alternate #3 Bu BlueOptions 5760 Out of Network $5 Million $500 $1,500 $1,500 u $4,500 Includes DED, Coins, and Copays Excl Rx $2,000 $4,000 $4,000 $8,000 10% 50% $20 50% after CYD $35 50% after CYD $35 50% after CYD $20 or $35 50% after CYD ($150 Max) No Charge 50% after CYD $150 50% after CYD $35 50% after CYD $2,500 CY Max $2,500 CY Max $35 50% after CYD $2,500 CY Max $2,500 CY Max $40 50% after CYD Option 1/ Option 2 $600/ $900 50% after CYD (5 day Max) $250/ $350 50% after CYD $150 50% after CYD $50 $50 Option 1/ Option 2 $600/ $900 (5 day Max) 50% after CYD $35 50% after CYD $10 50% after CYD $30 50% after CYD $50 1 50% after CYD N/A N/A 2.5x Retail Copay 1 N/A PPO $501.11 $1,037.30 $942.09 $1,591.03 $91,633.44 $1,099,601.28 $58,788.48 -5.1% z3 050410 -City of Sebastian RFP Evaluation (CB .x1s City of Sebastian Health Insurance RFP Evaluation Effective Date: July 1, 2010 �8 Current GEI Hi vcll�enefit summary. Please refer to schedule of benefits for full listing. Rates may be subject Alternate #4 BlueCross BlueShield Schedule of Benefits Lifetime Maximum Deductible Single Family Out of Pocket Maximum Single Family Coinsurance Office Visits Physician Office Visit Specialist Visit Pre -Natal Physical Exam Benefit Independent Clinical Lab Advanced Imaging Physical Therapy Chiropractic Urgent Care Center Hospital Inpatient Outpatient Emergency Room Visit Physician Services at Hospital Mental Health Inpatient Outpatient Prescription Drugs Generic Brand Name Non Preferred Brand Tier 4 Mail Order (90 day supply) Rates: EE Only EE Spouse EE Child(ren) EE Family Monthly Premium Annual Premium Increase Increase PPO 69 19 16 14 BlueOptions PPO 1749 i Out of Network $5 Million None $500 None i $1,500 Includes DED, Coins, and Copays Excl Rx $2,000 $4,000 $4,000 $8,000 0% 40% $15 $25 $25 $15/$25 No Charge $75 $25 $2,500 CY Max $25 $2,500 CY Max $25 Option 1/ Option 2 $300/ $600 $100/ $200 $100 No Charge Option 1/ Option 2 $300/ $600 30 day Max $25 20 day Max $15 $30 $50 N/A 2x Retail Copay PPO $527.91 $1,092.75 $992.44 $1,676.10 $96,532.48 $1,158,389.76 N/A N/A 40% after CYD 40% after CYD 40% after CYD Not Covered 40% after CYD 40% after CYD 40% after CYD $2,500 CY Max 40% after CYD $2,500 CY Max 40% after CYD $900 $300 $200 40% after CYD $900 30 day Max 40% after CYD 20 day Max Not Covered Florida Municipal Insurance Trust CIGNA OpenAccess Plus Out of Network $5 Million None $500 None i $1,500 Includes DED, Coins, and Copays Excl Rx $1,500 $3,000 0% $10 $25 $10/$25 $10/$25 No Charge $125 $25 20 Days Max $10 $30 $250 $750 then 40% after CYD i $150 I $300 then 40% after CYD $100 $100 No Charge $15 $30 $45 N/A 2.5x Retail Copay PPO $516.01 $970.07 $1,068.12 $1,638.32 $94,062.42 $1,128,749.04 $29,640.72 -2.6% $3,000 $6,000 40% 40% after CYD 40% after CYD 40% after CYD Not Covered 40% after CYD 40% after CYD 40% after CYD 20 Days Max 40% after CYD $30 (40% after CYD if not True Emergency) 40% after CYD $250 $750 then 40% after CYD $25 40% after CYD Not Covered 050410 City of Sebastian RFP Evaluation (CB).xls City of Sebastian Health Insurance RFP Evaluation Effective Date: July 1, 2010 Current BlueCross BlueShield Schedule of Benefits BlueOptions PPO 1749 Out of Network Lifetime Maximum $5 Million Deductible Single None i $500 Family None 1 $1,500 Out of Pocket Maximum Includes DED, Coins, and Copays Excl Rx Single $2,000 $4,000 Family $4,000 1 $8,000 Coinsurance 0% 40% Office Visits Physician Office Visit $15 40% after CYD Specialist Visit $25 40% after CYD Pre -Natal $25 40% after CYD Physical Exam Benefit $15/$25 Not Covered Independent Clinical Lab No Charge 40% after CYD Advanced Imaging $75 40% after CYD Physical Therapy $25 40% after CYD $2,500 CY Max $2,500 CY Max Chiropractic $25 40% after CYD $2,500 CY Max $2,500 CY Max Urgent Care Center $25 40% after CYD Hospital Option 1/ Option 2 Inpatient $300/ $600 $900 Outpatient $100/ $200 $300 Emergency Room Visit $100 $200 Physician Services at Hospital Mental Health Inpatient Outpatient No Charge 40% after CYD Option 1/ Option 2 $300/ $600 $900 30 day Max 30 day Max $25 40% after CYD 20 day Max 20 day Max Prescription Drugs Generic $15 Brand Name $30 Non Preferred Brand $50 Tier 4 N/A Mail Order (90 day supply) 2x Retail Copay Rates: PPO PPO EE Only 69 $527.91 EE Spouse 19 $1,092.75 EE Child(ren) 16 $992.44 EE Family 14 $1,676.10 Monthly Premium $96,532.48 Annual Premium $1,158,389.76 Increase N/A Increase N/A Not Covered BlueCross BlueShield BlueOptions .5749 Out of Network $5 Million $500 $1,500 $1,500 i $4,500 Includes DED, Coins, and Copays Excl Rx $1,500 $3,000 $3,000 $6,000 0% 50% $20 50% after CYD $35 50% after CYD $35 50% after CYD $20 or $35 50% after CYD ($150 Max) No Charge 50% after CYD $150 50% after CYD $35 50% after CYD $2,500 CY Max $2,500 CY Max $35 50% after CYD $2,500 CY Max $2,500 CY Max $40 50% after CYD Option 1/ Option 2 $300/ $600 50% after CYD (5 day Max) $200/ $300 50% after CYD $150 50% after CYD $50 $50 Option 1/ Option 2 $300/ $600 (5 day Max) 50% after CYD $35 50% after CYD $10 50% after CYD $30 50% after CYD $50 i 50% after CYD N/A N/A 2.5x Retail Copay 1 N/A PPO $519.58 $1,075.53 $976.81 $1,649.66 $95,010.29 $1,140,123.48 $18,266.28 -1.6% High level benefit summary. Please refer to schedule of benefits for full listing. Rates may be subject GEHRING 4GROUP Alternate #5 050410 City of Sebastian RFP Evaluation (C 0 o v v, o o 0 0 o o a a i 0' Q d 0 in $25.46 $51.08 $63.87 $88.76 $5,918.51 $71,022.12 $8,481.72 -10.7% 0 k C In i CD a) o o 0 I I In o $23.16 $50.01 $65.88 $92.72 $5,880.18 $70,562.16 -$8,941.68 -11.2% L O a 1 i in i in N N O O o off a a° o o o $25.05 $50.27 $62.86 $87.35 $5,824.27 $69,891.24 $9,612.60 -12.1% $25.45 $51.06 $63.85 $88.73 $5,916.38 $70,996.56 $8,507.28 -10.7% $28.50 $57.18 $71.50 $99.36 Employee 59 Employee Spouse 26 Employee Child(ren) 15 Family 24 Monthly Premium Annual Premium Increase Increase c 0 W C u- 0 Ce N u e1 c i 3 N i+ c GJ N XI n N Q G o u a 050410 City of Sebastian RF E u 0 7 k 0 0 0 7 m a ƒ cc z a 2 S 31.96 $64.13 $80.18 $111.43 $7,430.04 $89,160.48 $9,656.64 12.1% 2 to E c k 0 S J C 0 n 0 I a 2 a j g 8 2 z 0 VI 00 00 $27.28 $54.73 $68.44 95.10 $6,34150 $76,098.00 $3,405.84 -4.3% 0 1 0 CD 0 #.S L. C k k t/1 ƒ E in. z j 0 et $27.28 $54.52 $68.12 $95.36 $6,337.48 $76,049.76 $3,454.08 -4.3% s- LI OS k 2 o o O. k 0 0 z Z 3 e ƒ 0 9 0 Lc, 0 S G 2 2 2 u o 03 o 0 al f§ j/ f 7 NI $24.58 $55.14 $69.94 $99.36 $6,317.60 $75,811.20 $3,692.64 -4.6% c0 ƒ k i E u CO o A 2 k k g m 2 B I e e 7 2 G o a z 'L.' a a a 2 S cu L. $28.50 $57.18 $71.50 $99.36 $6,625.32 $79,503.84 N/A N/A co D 0 k CO co C E xi 0 k 0 m 2 CU ƒ j cu co c 0 m al u w\ p 0_ a/ t k vs CU sts •Li v i 7 u ƒ c Q a CU I f 0 0 Ki At g m j ƒ 0 7 o 4-, Employee 59 Employee Spouse 26 Employee Child(ren) 15 Family 24 Monthly Premium Annual Premium Increase Increase J CC u PPO Dental Insurance RFP Evaluation Effective Date: July 1, 2010 City of Sebastian 050410 -City of Sebastian RFP Evaluation (CB).xls 'O C I Y 1 u I C CO CU Ce o 3 2 O Z ,--I VI. t y. O 3 2 N L C O E N .--I N L C O E N .--I N L C O E V N Y {r E E a, o w Ls) 0 +n V C i cu iil 4-. 1 O. :3 a 41 0 .n v) .n .A v} 0 E m CC 0 0 .--i 0 IN Lo VI. tn. GO -C 9S'ST$ ZT'S$ $365.32 $4,383.84 $157.80 3.7% o RI C Y H I v C 10 al ec o CU Z c 0 Z Ln N ,-1 Y L O 3 3.. Z 0 o N L C O E N .--I N L C O E N I N L C O E N as E E a, 0 a m N a in 'y e .n .n .n v) -a E 61 N C CU N. 5 E O N •-4 L •n .n .n .n E v CC to <n o of o cv ill Kr If) ,I 111 in. CO 96'bT$ Z6'b$ $351.12 $4,213.44 $12.60 -0.3% C o Ln ut Z V1. V) Z Y u. w3 O o Ln .-4 .--I Z .n V) L Y C O E N L Y C O E N .--1 L Y C O E N w 4- E E ar Ln o o o 0 v 0 7 N v V) O 0 al d c y a o In In LO In v 0. 1 .--I ei .1 '-I e 0 .n .r) .n tn. .n E E d CC 0 O 0 O o us o 69'9T$ 65 $352.17 $4,226.04 $0.00 0.0% 10 I E 3 0 3 Z Z O Ifl Y 3 Z L C E N .-i L C E N 1-1 L C E ct N E E m o ar Ul CD CD CD 3 N N O 3 .A .O N a; cc CC O y E 0 0 In J E v CC o O .A O 0 tn r-i 73 la a. co ea rn OJ x 69'9T$ 6S'b$ $352.17 $4,226.04 N/A N/A In 1-- LL W Z W co O UJ O Q W 1 o RI U Ti O TO C U •L aJ 3 E Y Q X c cu W C LL m O. O U E X W N OJ N a J N E t- LL CU R a N w a, m N y N C a) L, a) I i CU c C J 'n C y v C E al J J tO 10 X J f f6 3 N N V U a, W U O IP N a C C CU 0.1 W N m F- J J Y 0 Ln O U 4.-. U as E Z Y as 0 U CO Y o 2 U N a/ E m LL m CO 3 al o CC 6 Apwej bq. a aAoldw3 Monthly Premium Annual Premium Increase Increase Vision Insurance RFP Evaluation Effective Date: July 1, 2010 City of Sebastian 050410 City of Sebastian RFP Eva i Z Z t O C Z to W 0 3 tu Z L L C C N N 1--1 ri .0 C V N a) et) a 3 V} V? an an. 3 •a V. a an m E 0. 0 t •p or OJ 0 0 0 0 0 0 O 0 IQ Q 1- 4 N N N N e 3 vs. o v V n t 10 E a o 0= tn. as 0£'LT$ 6S'b$ $357.66 $4,291.92 $65.88 1.6% Z CO Z Q E Y 3 Z in- -v). L L C C E E N N 1 .-1 L C E N v E v M N 'V V) 0 00 3 VT V? V? V} U 7 i/F -0 .Q O a) Z CU Z C y a o 0 0 0 0 °O 0. u nin O n o N N CC in in in 96'ST$ 6L'b$ $354.40 $4,252.80 $26.76 0.6% 3 (u Z CO t -0 0 C Z Y H 0 c MI Y C, 2 O Z S N V} VF L L C C O O E E N N e-1 .-1 L C O E C N 4. v N a 0 0 m f•J o m L CO in in v> i i in E E y E 0 O N N N N Q 0 u in v. V► of V? 0 e-1 tn. v CC VI- co IA c73 "ti in CO 88•ST$ bZ'S$ $373.48 $4,481.76 $255.72 6.1% 0 0 Z vs. 0 C Z A 3 O a) Z 0 In t L C C E E L C E a. 0 cu m In 0 0 0 0 0 o i V tOi> V E E W •0) O 0 0 r r-1 ,--1 r nl Q 0 p in in an in V1 3 U •a Fu CC co Lt. co CL LID LU 69'9T$ 6S'b$ $352.17 $4,226.04 N/A N/A LL W Z w m LL 0 J 0 W U in at O. N U CL or, U N E Cr x c� d W G W f6 a U N E H x N W J W 1. E LL IC 5 10 a 4= W W m N 0) N C (0 'n 0) C H c C In J •O c v C OJ J 10 X O1 To U 3 N W U N a0 O O r In C .0 v a a) i W en CO 1— -J J U .W h N C U Y 0 0 C Z U U O 0 2 U Q) E m LL r6 1d w N m d' 6 AIIwej bb aaAoidw3 Monthly Premium Annual Premium Increase Increase Effective Date: July 1, 2010 Vision Insurance RFP Evaluation 050410 City of Sebastian RFP Eva luatio Z Z V 0 A Z O VI. u� VT M w E E 0) 0) .a a t L L 0) 6) C C C E E E N N V C ei I--I N 01 O Q i e e U UT `n an vi. VI. E o) CC O 0 7 LL C a CO 0 0 VT $5.74 $18.26 $416.90 $5,002.80 $776.76 18.4% 4... Z 0 C CO E Y 3 Z UT Ul it a- E E N l co 0 0 0 O) 3 m VNi Cr 0 3 -0 U1 .0 IA IA N E Y Y Y Cc CC C C C E E E N N V 4., e-I r-I N CU a o LO Lfl a. 0 VT VT v> +n E 01 CC O O� to CD O v} u c, m n O CO n o v v O O m 0 LID 0 a) L d w 69'91$ 6S'b$ $352.17 $4,226.04 N/A N/A F LL Z m LL J W o 4 {A Q U E m X W Q LA C 1 co c c N 3 0) L LL a, CO D. a 0 N in 41 y Io C m c X of O) W J LL CO W c a) a) C CU al LL E C al J f0 J J a ea 14 W u V U y a) oa o_ C C N 01 W 00 I— J J U a) LU a) c..-, J Y C 0 0 L cco cn In y a) N N J T Y (0 Y c a) 0 g 0 N a) E Io LL N to 3 l7 a) t}o 0: Employee 44 Family 9 Monthly Premium Annual Premium Increase Increase Effective Date: July 1, 2010 Vision Insurance RFP Evaluation 050410 City of Sebastian RFP Evalu City of Sebastian Alternate It4 cu cu cc q ea c >0 0 cn 2 k u 2 cu Q Q 050410 City of Sebastian RFP Ev Lincoln Financial $0.28 $0.04 0 N j ƒ ti f j 7 N .4 J m r If/ NI k CIGNA $0.24 $0.014 m q% 2 q 2§ CO a CO in m in k m m 0 J 2 k G q q d m V 7 N 0 a ƒ Reliance Standard $0.29 $0.04 7 MI o M e K o 7 NI f k a m Di m o ti, 2+ R K n m k% Z •o q e/ M 7 7 Blu IueShiel FCL $0.26 $0.03 o m f a e a in 2 a 7 u 0 CO CO q o o- at o o o/ m® o V). q a m 4$ 2 f BlueCross BlueShield FCL $0.33 $0.04 0 CS 01 N k a f f 7 z z VI. e w 13 2 2 14 cu m CO R E k d d o in- 00 tn. Lf1 411. MI m S z Basic Life Rate $1,000 AD &D Rate $1,000 cc E j k 9 2 0 2 f E 1-/\ 0 m k E E k i I- 2 c uc 3) 1- 1-/ 0 2 2 I q z e n k k z tX k J 2 cu cu cc q ea c >0 0 cn 2 k u 2 cu Q Q 050410 City of Sebastian RFP Ev City of Sebastian 050410 City of Sebastian RFP Evaluation (CB).xls Guardian $0.42 $0.02 0 O O N d' m N C 0 0 i tn. in a o l0 v, 01) 0o O .4/1. 1+ C E to Q Q Q p p Z Z Z Z Z Z Z C MetLife $0.30 $0.03 0 O 0 Lo NI O O M O p O Ni h M 0 et V? .1 N n 00 o O M n M t/ 11 i N O N pao O J irk TY N M 01 V W O O 0 O O� 'I 0 6 Z N O M l0 M C11 ill iti 00 n m V O M e-1 ti j 6 in an. Humana $0.26 $0.04 0 O m M1 0 O O T in. O M ,-Z N co 0 Tr o 0 all C 0 0 00 .-1 ei N VY O O 000 u1 LID N M C m O O ?2, O E 0 I N N n Vf 00 N .4•• M NI in i/? H tn. in 0 n 0 .-1 N M m Ol tC N t!) i? BlueCross BlueShield FCL $0.33 $0.04 0 O rfl 6 d 'i m 1I IA. N n Z Z N J U U. y 0 CD uD 0 O N 0 0 0 O Co 4.4 2 N N in- M 0 O in v CU 3 m 0 0 a Z Z (xi Basic Life Rate $1,000 AD &D Rate $1,000 y c 01 a E W LLL 0 E a a. a j C co N -0 C C N N 01 c O C f6 To E m m 1- w F 1/ o \o Q N C 2 IX W O 0 0 .-i iA Y E Y v GGGC E a 01 C` 0 c tv E-a C C N N 01 O C c0 to E u c m m 0 W F iA a 5: =1 W cc 0 Z a W W LL 4 in _j W U Z F AA. e City of Sebastian 050410 City of Sebastian RFP Evaluation (CB).xls Lincoln Financial $10,000 to $500,000 $10,000 Increments, cannot exceed 5x annual earnings $5,000 to $250,000 $5,000 Increments, cannot exceed 50% of primary benefit 000'00T$ 000'0£$ papnpui papnpui Age 65 Benefit reduces by 35% Age 70 Benefit reduces by 60% ,Age 75 Benefit reduces by 75% 0 -C Y C 0 E a N CO O 0 4" N 4-1 0 4/ to ri O 4A to N O 4" a-1 O O U1 l0 40 O 4A• N ri N 4/3 4.0 4-I N in O1 an N 4" t0 N O N 00 O N 4" Humana $10,000 to $500,000 $10,000 Increments $5,000 to $250,000 $5,000 Increments, cannot exceed 50% of primary benefit 000'00T$ 000'0£$ papnpui papnpui Age 65 Benefit reduces by 35% Age 70 Benefit reduces by 50% Age 75 Benefit reduces by 75% N L N C 0 E l0 M 00 O O 4A N ri O 4A Ill O 4" 1f1 N O N N v O 4A t0 t0 O 4^ N 1.0 ri r N 4A 4A ON to N 4" 40 N 47 4A 00 O N 4A CIGNA $10,000 to $500,000 $10,000 Increments, cannot exceed 5x annual earnings $5,000 to $250,000 $5,000 Increments, cannot exceed 50% of primary benefit 000`00T$ 000`0£$ papnpui papnpui Age 65 Benefit reduces by 35% Age 70 Benefit reduces by 50% N -C 4 0 0 E t0 M 0 CO O O 4A 0 01 O O 4A 0 N N O 4/T CO to N O 44 CO M N O 4" 00 1, m O 4/? h 0 0 O 4" .-1 M at O 4" 0 N M aM ih 0 N N M 4" 0 0 M t• 4A• BlueCross BlueShield /FCL I$10 000 to $500,000 $10,000 Increments, cannot 'exceed 5x annual earnings $5,000 to $250,000 $5,000 Increments, cannot exceed 50% of primary benefit 000'00T$ 000'0£$ papnpui papnpui Age 65 Benefit reduces by 35% Age 70 Benefit reduces by 50% Age 75 Benefit reduces by 75% -C Y C 0 E 40 M 00 O O 4? e-4 N O 4? Tr .-4 O 4? N N O 4A N. M O 4A 0 l0 O 1" N 01 O N 01 N .4 4A N r4 N 4" 1A 1A M 4A M N. 0; 1" Florida Combined Life $10,000 to $500,000 $10,000 Increments, cannot exceed 5x annual earnings $5,000 to $250,000 $5,000 Increments, cannot exceed 50% of primary benefit 000'00T$ 000'0£$ papnpui papnpui Age 65 Benefit reduces by 35% Age 70 Benefit reduces by 50% a Z 00 O O an N O 4A to 1-1 O 4A !1 1!1 N O 4A 4-1 O 4A t 0 40 O 4A N N N 4A 40 N N 4A 01 1A N 4" t0 N ei 4/! CO O n 4" Supplemental Life Core Benefit All Eligible Employees All Eligible Spouses Features Guarantee Issue Amount Employee Guarantee Issue Amount Spouse Waiver of Premium Conversion Privilege Age Reduction Schedule O 0 0 a a1 0) C 03 m 0 at 4+ 0 0C o M w 00 a W 0 0 v M 0 41 Q rn M m 0 v a 0 al 01 v al 00 er to 0 LA al 01 an a/ 00 a 1.0 al 00 m 1.0 (N0 al 00 a n 0 a) Q a1 0 a a 13 C 16 N al 050410 City of Sebastian RFP Evaluation Alternate #3 Alternate #2 Alternate #1 Reliance Standard $10,000 to $500,000 $10,000 Increments, cannot exceed 5x annual earnings $5,000 to $250,000 $5,000 Increments, cannot exceed 50% of primary benefit 000`001$ 000'0E$ papnpui papnpul Age 65 Benefit reduces by 35% Age 70 Benefit reduces by 60% Age 75 Benefit reduces by 80% La -c c 0 E ID M o C 4" O 4" O 1" N C 411 m C 4n ti) O 411. o .4 4n a .-i +n ..-1 1.4 4n 0 a 44 MetLife $10,000 to $500,000 $10,000 Increments, cannot exceed 5x annual earnings $5,000 to $250,000 $5,000 Increments, cannot exceed 50% of primary benefit 000'00T$ 000'0E$ papnpul papnpul auoN 0 t t O 0 E t0 M M 01 0 O 4n t0 "J N O 44 M LID .-I O 1.4 CO -I O 44 1N N O 4" n O 44 .-4 00 O N in 0 .4 4n t0 .-1 N 4n IA 'Cr M 44 Florida Combined Life $10,000 to $500,000 $10,000 Increments, cannot exceed 5x annual earnings $5,000 to $250,000 $5,000 Increments, cannot exceed 50% of primary benefit 000'001$ 000'0£$ papnpul papnpul Age 65 Benefit reduces by 35% Age 70 Benefit reduces by 50% Q Z 00 0 O 4A N N O 4n M N O an 1A N C in .1 a C 4n ID t0 O an N N .N 1.4 ID N .-1 4n 01 IA HI an tO N !f an CO O 1� an Supplemental Life Core Benefit All Eligible Employees All Eligible Spouses Features Guarantee Issue Amount Employee Guarantee Issue Amount Spouse Waiver of Premium Conversion Privilege Age Reduction Schedule 0 0 W 0. W W C 10 O CO M 4 0 1 O C D Cr M co 01 00 4 m on M W OD Q a o a W 00 4 a an et 01 00 4 u1 o M W MO 4 IA ill IA W 0.13 Q ID 0 1.0 W OD 4 IMD IND W 60 4 Cr 0 W 00 4 0 .0 4 C 16 ifx n W OD 4 050410 City of Seba City of Sebastian Supplemental Life Insurance Alternate #5 Alternate #4 Employee Assistance Number of Sessions per EE /Dependent Workplace Posititve Drug Testing: Describe in detail cost /session, follow -up and monitoring Locations List All Manager Supervisor Training Brochures Workplace Posters Frequency of Comprehensive Renortine Initial Orientation Sessions Employee Seminars Critical Incident Debriefing Newsletters Legal /Financial Services Eldercare Childcare Consultation Website tMHNet Up to 6 per year Consultation polic development, drug free workplace training, drup refferal, and case management Nationwide Network Up to 4 hours per year; Addition time $100 /hr Included Quarterly Annual None 4 hours per year on topics selected by City; Additional time $100 /hr Unlimited 1 staff hour on site per incident; Addional time $100 /hr Quarterly Unlimited consultation on separate issues Reliance Standard Up to 5 per Issue Consultation policy development, drug refferal, and case management. Drug Free Workplace trainings available at an additional cost 4nl net- hour Nationwide Network Available at no cost via webinar Included Quarterly Available at additional cost. $400 per Seminar Available at additional cost. $400 per Seminar 1 per calendar year Monthly Unlimited consultation on separate issues Unlimited consultation on separate issues. On -line Yes, Interactive Lincoln Financial Up to 6 per year Consultation policy development, drug free workplace training, drup refferal, and case management Nationwide Network 2 hrs per 250 EE's for onsite services; Additional time $150 /hr $5,000 Annual 2 hrs per 250 EE's for onsite services; Additional time $150 /hr 2 hrs per 250 EE's for onsite services; Additional time $150 /hr 2 hrs per 250 EE's for onsite services; Additional time $150 /hr Quarterly Unlimited consultation on separate issues Unlimited consultation on separate issues Yes, Interactive Per Employee Rate Employees $1.920 129 $1.130 129 $1.320 129 Monthly Premium Annual Premium Increase Increase $247.68 $2,972.16 N/A N/A $145.77 $1,749.24 $1,222.92 -41.1% $170.28 $2,043.36 $928.80 -31.3% City of Sebastian Employee Assistance Effective Date: July 1, 2010 Current Alternate #1 GEHRING,•GROUP Alternate #2 050410 City of Sebastian RFP Evaluation GEHRINqAGROUP Subject: RSVP Use Agreement Ap rov r Submittal by: „1 Agenda No. lb., 1 01 Department Origi City Attorney: 1 y Mina er ®l City Clerk: Date Submitted: 17 JUN 10 Al 7 e City Manager Exhibits: EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 orcer SLDATIAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY Retired Senior Volunteer Programs (RSVP) is a division of Indian River County Senior Services. Their mission is to organize and recruit volunteers for community service purposes. In fact, some of the volunteers the City utilizes have been recruited from RSVP. To assist in their north county efforts, Karen Deigl and Sara Bumgarner have requested the use of the "front desk" in the Old City Hall finance offices as a location. RSVP is willing to pay a prorated portion of utility expense in exchange for the office space. This amounts to approximately $500 per year. In additional, RSVP is willing to work around City activities when the space is used, most notably for early voting. Attached hereto is a brief Use Agreement for Council review and approval. RECOMMENDATION Grant the City Manager authority to execute Use Agreement between the City and RSVP. USE AGREEMENT BETWEEN CITY OF SEBASTIAN AND RETIRED SENIOR VOLUNTEER PROGRAM OF INDIAN RIVER COUNTY IN AND FOR CONSIDERATION of the mutual promises herein, the sufficiency of which is hereby acknowledged, the CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as "CITY", and the Retired Seniors Volunteer Program, a division of the Senior Resource Association of Indian River County, hereinafter referred to as "RSVP agree to be legally bound as follows: I. USE OF PREMISES For $500 per year, payable in quarterly installments, RSVP shall be permitted to use 100 square feet of office space at 1235 Main Street for the purpose of establish RSVP programs in Sebastian. Attached hereto, marked Exhibit A, is a diagram showing the area which RSVPS shall occupy. II. MAINTENANCE AND REPAIRS CITY shall generally maintain the Premises in a manner that is consistent with our current standard operating procedure and RSVP will perform daily office cleaning in the area that it occupies to keep the facility in a neat and orderly condition. III. POSSESSION AND ACCESS The rights granted RSVP herein related to use of the public facility do not in any way constitute possession of the Premises by RSVP. At all times CITY retains all rights of control and access to facilities subject to this agreement. IV. CITY USE DURING TIME OF USE RIGHTS RSVP shall have use of the Premises as stated herein; however, their use shall not interfere with the City's, or its designee's, use of the facility The CITY shall remain entitled to use the facilities as needed and will provide RSVP with reasonable notice of use conflicts. V. CONTENTS The City shall not be responsible for any personal property of RSVP that may be lost, stolen or damaged during the use of the facility. VI. RSVP RESPONSIBILITY RSVP shall not commit or permit the commission of any acts on the Premises, nor use nor permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the Premises; or (b) constitutes the commission of waste on the premises or the commission or maintenance of a nuisance, or damage. VII. ASSIGNMENT RSVP may not assign, or otherwise transfer any right or interest in this Agreement. VIII. DESTRUCTION OF PREMISES In the event the building and /or other improvements erected on the Premises are destroyed or damaged by fire or other casualty, the CITY shall have no responsibility or obligation to make any expenditure toward the repair and /or replacement of the building and other improvements on the Premises. CITY, at its option, shall either cause said building and /or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the Premises and terminate the Agreement. Any insurance proceeds relating to the Premises, whether CITY elects to repair or replace the improvements on the Premises or not, shall be the sole property of CITY and RSVP shall have no claims against any insurance proceeds paid on account of such damage. IX. ALTERATIONS RSVP shall not make or permit any other person to make alterations to the Premises without the prior written consent of CITY. Any alterations to the Premises by RSVP shall be made at the sole cost and expense of RSVP, but shall be the property of CITY. X. INDEMNITY RSVP shall indemnify, defend and hold CITY and the property of CITY, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of RSVP, or by reason of damage to or destruction of any property, including property owned by RSVP or any person who is an employee or agent of RSVP, in any way caused by, connected with or occurring during RSVP's use of the Premises or other appurtenant or related CITY properties arising under this Agreement other than intentional acts of CITY or an employee or agent of CITY. XL NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given shall be directed to the other party at the address given below: CITY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager RSVP: RSVP 694 14 Street Vero, Beach, FL 32960 Attn: RSVP Coordinator Termination of facility use shall be effective thirty days after either party provides written notice to the other of their intention to end the Agreement XIII. WHOLE AGREEMENT This Agreement contains all of the understandings by and between the parties hereto relative to the use of the Premises, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. EXECUTED on this day of 2010, at Sebastian, Florida. ATTEST: CITY OF SEBASTIAN Sally A. Maio, MMC Al Minner, City Manager City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney RSVP By: Karen Deigl, CEO Senior Resource Association XII. TERMINATION ATTEST: By: Its: ]k RAMP J EXHIBIT "A" 1 117. i /VC CL, O S.C.H. S.C.H. NEW WAhMING KITCHEN S.C.H. S.C.H. .1111111E, RESTORED ROOM (R) V V 1 124 1 OLD F7H FIRST ;FLOOR PLAN SCALE: rem a RiartrusE�Aadar L.oDOM:MATEALL ORK MAd 9 aAafWREP E9NfA EXISTING WALK EXISTING OUT -61 NO WORK EXISTNG CONCRETE INSTALL 1 HR GLASS FF THIS WINDOW USE FIRE 1 MANUFACTURED BY TGP PRODUCTS. I Ott `I' HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 1) Appoint Voting Delegate for FLC Conference 2) Consider Any Resolution(s) for Submittal to FLC Agenda No: l O. q L. Department Origin: City Clerks City Attorney: Date Submitted: 6/14/10 For Agenda of: 6/23/10 Exhibits: FLC Memo, Delegate Form, Resolutions Procedures and Schedule SUMMARY STATEMENT Each year, Florida League of Cities requests that each City designate one voting delegate for election of League leadership and adoption of any resolutions considered at the Annual Conference business meeting. The designee will attend the business luncheon at the Annual Conference in August. FLC has also provided information to cities which wish to submit resolutions for consideration by the voting delegates in regard to commemorative, constitutional or federal issues. Resolutions in regard to state legislation will be forwarded to appropriate standing policy committee. RECOMMENDED ACTION 1) Designate a voting delegate for the business meeting at the FLC Annual Conference in Hollywood, FL. 2) At Council's discretion, propose any resolution(s) in regard to commemorative, constitutional or federal issues to be submitted to the FLC Resolutions Committee (deadline for submittal is July 13, 2010 or may be extended by written request to FLC). rite 301 South Bronough Street Suite 300 P.O. Box 1757 Tallahassee, FL 32302 -1757 (850) 222 -9684 Fax (850) 222 -3806 www.flcities.com TO: Municipal Key Official FROM: Michael Sittig, Executive Director DATE: May 25, 2010 SUBJECT: 84th Annual FLC Conference Creating Community in Tough Times VOTING DELEGATE AND RESOLUTION INFORMATION August 19 -21, 2010 Westin Diplomat Resort, Hollywood t—� As you know, the Florida League of Cities' Annual Conference will be held at the Westin Diplomat Resort in Hollywood, Florida on August 19 -21. This year we are celebrating Creating Community in Tough Times which will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by -laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2009. Registration materials have already been sent to each municipality. Call us if you need additional copies. The League adopts resolutions each year to take positions on commemorative, constitutional or federal issues. We have attached the procedures your municipality should follow for proposing resolutions to the League membership. A resolution is not needed to become a voting delegate. If you have questions regarding resolutions, please call Allison Payne at the League at (850) 701 -3602 or (800) 616 -1513, extension 3602. Proposed resolutions must be received by the League no later than July 13, 2010. If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701 -3619 or (800) 616 -1513, extension 3619. Voting delegate forms must be received by the League no later than July 30, 2010. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolution President John Marks, Mayor, Tallahassee First Vice President Joy Cooper, Mayor, Hallandale Beach Second Vice President Patricia J. Bates, Mayor, Altamonte Spring Executive Director Michael Sittig General Counsel Harry Morrison, Jr. cs_ 84th Annual Conference Florida League of Cities, Inc. August 19 -21, 2010 Hollywood, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: Municipality of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302 -1757 Or Fax to Gail Dennard at (850) 222 -3806 Procedures for Submitting Resolutions Florida League of Cities' 84th Annual Conference Westin Diplomat Resort Hollywood, Florida August 19 -21, 2010 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 13, 2010, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two- thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two- thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy councils and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Action Agenda will be adopted. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Important Dates May 28, 2010 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 18 Appointment of Resolutions Committee Members July 13 Deadline for Submitting Resolutions to the League office August 19 League Standing Council Meetings Resolutions Committee Meeting Voting Delegates Registration August 21 Immediately Following Breakfast Pick Up Voting Delegate Credentials Followed by Annual Business Session CHARLIE CRIST Governor Honorable Ron Govin Chairman, Hillsborough Transit Authority 1201 E. 7th Avenue Tampa, Florida 33605 Dear Chairman Govin: FLORIDA F DEPARTMENT Of STATE a June 14, 2010 RE: DE 10 -07 Advertising; Expenditures Use of Local Government Funds. 106.113, Florida Statutes. DAWN K. ROBERTS Interim Secretary of State This letter responds to a request for an advisory opinion submitted by the Hillsborough Transit Authority's General Counsel on behalf of its Board of Directors. Because the Board has questions relating to the propriety of political activities it may take under Florida's Election Code, the Division of Elections has authority to issue you an opinion pursuant to section 106.23(2), Florida Statutes (2009). Your counsel states that the Hillsborough Transit Authority is a regional transportation authority and an independent special taxing district. Your counsel further states one of the Hillsborough Transit Authority's specific statutory duties and powers set forth in section 189.438(1), Florida Statutes (2009), as an independent special district, is that it may "take all steps reasonable, necessary, or advisable, to generate local support for the development of projects." However, he posits that section 106.113, Florida Statutes (2009), which became effective on July 1, 2009, seemingly contradicts that statutory authority. Section 106.113 provides: 106.113 Expenditures by local governments.- (1) As used in this section, the term: (a) "Local government" means: 1. A county, municipality, school district, or other political subdivision in this state; and 2. Any department, agency, board, bureau, district, commission, authority, or similar body of a county, municipality, school district, or other political subdivision of this state. R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 /0, /02 1 In Broward Coalition of Condominiums, et. al. v. Browning, et. al., 2009 WL 1457972, Case No. 4:08cv445- SPM/WCS (N.D. Fla. May 22, 2009), the court permanently enjoined the Secretary of State and the Florida Elections Commission, their officers, agents, servants, employees, and attorneys, along with persons in active concert or participation with them from enforcing Florida's electioneering communication laws. 2 Effective May 28, 2010, the definition of "electioneering communication" applies only to certain communications about candidates. The definition does not apply to communications about issues. Ch 2010 -167, 19, at 18, Laws of Fla. Furthermore, the communication is limited to those that are publicly distributed by a television station, radio station, cable television system, satellite system, newspaper, magazine, direct mail, or telephone that refers to or depicts a clearly identified candidate for office without expressly advocating the election of defeat of a candidate, but which is susceptible of no reasonable interpretation other than an appeal to vote for or against a specific candidate. The communication must be made within 30 days before a primary or special primary election or 60 days before any other election for the office sought by the candidate and be targeted to the relevant electorate in the geographic area the candidate would represent if elected. Id. Honorable Ron Govin June 14, 2010 Page 2 of 4 (b) "Public funds" means all moneys under the jurisdiction or control of the local government. (2) A local government or a person acting on behalf of local government may not expend or authorize the expenditure of, and a person or group may not accept, public funds for a political advertisement or electioneering communication concerning an issue, referendum, or amendment, including any state question, that is subject to a vote of the electors. This subsection does not apply to an electioneering communication from a local government or a person acting on behalf of a local government which is limited to factual information. (3) With the exception of the prohibitions specified in subsection (2), this section does not preclude an elected official of the local government from expressing an opinion on any issue at any time. Your counsel poses three questions regarding section 106.113, Florida Statutes (2009), as it relates to the activities of the Hillsborough Transit Authority. We address your counsel's questions in seriatim, but also call your attention to Division of Elections Opinion 10 -06 (June 14, 2010), which also interprets section 106.113, Florida Statutes (2009). First, do the provisions of section 106.113 as they relate to "electioneering constraints" (a term used by your counsel, which we interpret in the context of section 106.113 to mean "electioneering communications remain effective and if so, are they applicable to the Hillsborough Transit Authority despite the rulings in Broward Coalition of Condominiums The short answer is Florida electioneering communication laws have now changed to overcome the constitutional infirmities discussed in Broward Coalition. Because the current definition of "electioneering communication" now only applies to candidates and not issues, that portion of section 106.113 containing a prohibition on any activity that relates to an "electioneering communication concerning an issue, referendum, or amendment, including any state question, Honorable Ron Govin June 14, 2010 Page 3 of 4 that is subject to the vote of the electors" is superfluous and meaningless. The restrictions on the ability of "local government" to expend public funds on political advertisements remain intact. Because section 106.113 was enacted later than section 189.438(1), Florida Statutes, it "may be viewed as the clearest and most recent expression of legislative will on the ability of "local government" to expend public funds on political advertisements. Applying applicable principles of statutory construction, to include construing the statutes together to give both meaning, the later expression merely imposes a limitation upon the powers and duties otherwise found in the enabling statute for independent special districts. Therefore, the Hillsborough Transit Authority is able to comply with the provisions of section 189.438, Florida Statutes (2009), and any other enabling legislation, but now must do so within the restrictions found in section 106.113, Florida Statutes (2009). However, when applying section 106.113, it must do so with an understanding that the portion of section 106.113 concerning an "electioneering communication concerning an issue, referendum, or amendment" is meaningless based upon the Legislature changing the definition of an "electioneering communication" in 2010. Second, does the definition of "local government" in section 106.113 apply to a state agency and an independent special district, such as the Hillsborough Transit Authority? The answer is that the definition of "local government" in section 106.113 applies to the Hillsborough Transit Authority. As a regional transportation authority, the Hillsborough Transit Authority is a "body politic" and a "special tax district." 163.566(1) and 163.570. Fla. Stat. (2009). Section 1.01(8), Florida Statutes (2009), defines both a "body politic" and "political subdivision" as including "counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state." [Emphasis supplied.] Section 106.113(1)(a)1, Florida Statutes (2009), defines "local government" in relevant part as "[a] county, municipality, school district, or other political subdivision in this state." [Emphasis supplied.] Based upon the above defmitions, the Hillsborough Transit Authority satisfies that portion of the section 106.113(1)(a)1 definition which includes "other political subdivision[s] in this state;" therefore, it is subject to the prohibitions found in section 106.113, Florida Statutes (2009). Third, can an independent special district, such as the Hillsborough Transit Authority, use public funds to educate the public about the importance, subject matter, and/or date of a scheduled referendum as long as they do not advocate a specific result? The answer is that section 106.113 does not prohibit the Hillsborough Transit Authority from expending or authorizing the 3 Th result stems from the newer definition of "electioneering communication" being inserted into law in May 2010 and it being the latest expression of legislative intent regarding what constitutes an electioneering communication. 4 Palm Beach County Canvassing Bd. v. Harris, 772 So. 2d 1273, 1287 (Fla. 2000). 5 Although your counsel posits that the Hillsborough Transit Authority is a state agency for some purposes, no facts were presented that it is actually a state agency. Instead, the facts reflect that it is a "political subdivision" in the state whose powers and duties originate from state statutes. This fact does not make it a state agency. Honorable Ron Govin June 14, 2010 Page 4 of 4 expenditure of public funds for a communication that is limited solely to factual information or from authorizing or expending public funds for a purpose that does not otherwise encompass the section's prohibitions. The definition of "political advertisement" requires a paid expression consisting of express advocacy, so providing factual information without expressing a position in support or opposition to the issue would not be a "political advertisement." Also, the current definition of "electioneering communication" does not include communications about an issue. Therefore, section 106.113, Florida Statutes (2009), would not be violated by expending public funds on communications consisting only of factual information. Section 106.113(2), Florida Statutes (2009), prohibits a "local government" from expending or authorizing the expenditure of public funds for a `political advertisement" or an "electioneering communication" that concerns an issue. Because the Legislature changed the definition of an "electioneering communication" in 2010 to include communications only about candidates, the use of "electioneering communication" in section 106.113 "concerning an issue, referendum, or amendment" is meaningless. The definition of "local government" for purposes of section 106.113 includes an independent special district such as a regional transportation authority created under chapter 163, Florida Statutes. However, section 106.113 does not prohibit a local government from expending or authorizing the expenditure of public funds for a communication that is limited solely to factual information. Sincere onald L. al er Director, Division of Elections SUMMARY pc: Clark Jordan- Holmes, Esq., Stiles, Taylor Grace, P.A., Tampa, Florida DATE: June 17, 2010 TO: CITYOF HOME OF PELICAN ISLAND Honorable Mayor and Members of Sebastian City Council FROM: Robert A. Ginsburg, City Attorney RE: Claims Against the City of Sebastian In my capacity as City Attorney, the following is an update on recently closed cases as of my last reporting and other potential and pending claims against the City as of June 17, 2010. Closed As of Last Reporting R R Corporate Services d/b /a Capital Sanitation v. City, Circuit Court of Indian River County Frank Romeo and Connie Yang v. City, Circuit Court of Indian River County Neely v. City of Sebastian Ricci v. City of Sebastian Gilliams, Damien v. City of Sebastian Potential Litigation John G. Evans. Slip and fall at the City's golf course club house. This notice has been forwarded to our insurance carrier where it is being handled. Heaviland, Darla. Struck on head with vendor umbrella. Nucito, Vincent. Fell out of golf cart. Gilliams, Damien. Crematory zoning appeal. Pending Litigation Outside Counsel Scranton V. City of Sebastian Douglas Noah, Esq. Of Dean Ringers, Morgan and Lawton, P.A., Orlando, Florida Former Police Officer filed federal suit for wrongful termination. Subject: Charter Officer Evaluation in Accordance with R -10 -05 Ap ro d for Submittal by: ner, City Manager mra SEB HOME OF Pr CAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Exhibits: R- 10 -05, Minutes Excerpts from February 10, 2009 SUMMARY STATEMENT City Council, at its February 10, 2010 meeting agreed upon changes to the resolution setting out charter officer goal setting and evaluation procedures. These changes became Resolution R -10 -05 subsequent to the meeting. RECOMMENDED ACTION Agenda No: /O.024 Department Origin: City Clerk�t/w� Date Submitted: 6/17/10 For Agenda of: 6/23/10 City Attorney: G In accordance with R- 10 -05, "City Council shall at a meeting in June of each year, publicly evaluate and act upon any merit increases for the City Manager, City Attorney, and City Clerk under City Council matters." 59 reo A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R- 07-31, DATED AUGUST 22, 2007; PROVIDING FOR PROCEDURES FOR CHARTER OFFICER EVALUATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council deems it appropriate to set goals for its Charter Officers and conducts its review in public. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: Section 1. CHARTER OFFICER GOAL SETTING. City Council shall bi- annually set and review goals and objectives for the City Manager, City Attorney, and City Clerk at public City Council meetings in January and July. Section 2. CHARTER OFFICER EVALUATION PROCEDURES. City Council shall receive evaluation forms for the City Manager, City Attorney and City Clerk as well as the current cost of living adjustment percentage being provided to the Communications Workers of America (CWA) from Human Resources staff by May 1 of each year. Subsequent to receipt of information provided as set out above, each City Council member shall prepare an evaluation for the City Manager, City Attorney and City Clerk by using the forms provided or by writing a narrative or in whatever form each deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis: RESOLUTION NO. R -10 -05 City Council shall at a conduct a- Special Meeting in June of each year to publicly evaluate and act upon any merit increases for the City Manager, City Attorney, and City Clerk under City Council Matters. Section 4. CONFLICTS. All other resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by Vice Mayor Hill. The motion was seconded by Mayor Gillmor and, upon being put into a vote, the vote was as follows: Mayor Richard Gillmor aye Vice Mayor Jim Hill aye Council Member Andrea Coy aye Council Member Eugene Wolff aye Council Member Don Wright aye 1 The Mayor thereupon declared this Resolution, as modified upon reconsideration, duly passed, and adopted this 10 day of February, 2010. ATTEST: tadhium4 erne C(e.rk V ally A. Maio, MC City Clerk tk 2 CITY OF SEBAST i and Gillmor, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attomey regular City Council Meeting ebruary 10, 2010 'age Seven 10.024 C. Consideration of Changes to Resolution No. R -07 -31 Charter Officer Goal 135 -137 Setting and Evaluation (Transmittal, R- 07 -31) Mr. Wright said he felt public evaluations do not work for benefit of the City or the employees. He said in R -07 -31 he favored the setting of goals in public, conducting an oral interview with individual charter officers on an individual basis, and then discussing the merit increase in public. He asked the City Manager if Council had two Charter Officers. The City Manager said there are three Charter Officers but since the City Attorney is under a contract, Council would need to negotiate any contract modification with him. Mr. Wright said it is appropriate to have financial decisions made in public and employee reviews and critiques in private, so they aren't misread by the public. Mr. Hill said it should be known the review is a public document, which should continue, he would not fear expressing feelings about the Charter Officers in a public meeting, and his biggest concern is public input of Council's evaluations. He noted this used to be done at Council meetings, and suggested adding it under City Council Matters. Discussion followed on Mr. Hill's suggestion. MOTION by Vice Mayor Hill and SECOND by Mayor Gillmor to make the following changes to Resolution No. R- 07 -31: -Add an `s' to Charter Officer in the first paragraph -Take off the `s' in the word conduct -In section two, second paragraph put a period after basis, strike the remainder of the sentence -Have the third paragraph of section two read "City Council shall at a meeting in June of each year, publicly evaluate and act upon any merit increases for the City Manager, City Attorney, and City Clerk under City Council matters." Mr. Wolff said this gives Council Members a platform to bring something up if there is no other avenue, and helps to build consensus and team effort. Result of the roll call vote: AYES: Gillmor, Hill, Coy, Wolff, Wright NAYS: 0 Motion Carried