HomeMy WebLinkAboutR-11-02RESOLUTION NO. R -11 -02
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA ENCOURAGING THE FLORIDA LEGISLATURE TO STOP
UNFUNDED MANDATES AND REQUESTING THAT CERTAIN UNFUNDED
MANDATES BE REPEALED; PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, Florida government possesses a multilayered system of revenue
sources which finance a multitude of important public services; and,
WHEREAS, the Florida Legislature promulgates that a specific services be
administered by local government; and,
WHEREAS, the Florida Legislature limits and regulates revenue sources thereby
hampering the ability of local governments to disseminate public services; and,
WHEREAS, this action is commonly referred to as an Unfunded Mandate, and
certain unfunded mandates are prohibited by the Florida Constitution.
NOW THEREFORE, be it resolved by the Council of the City of Sebastian as
follows:
SECTION 1. CEASE UNFUNDED MANDATE LEGISLATION. The City Council
hereby urges members of the Florida Legislature to exercise all due diligence in
determining whether any unfunded mandates are embedded in proposed
legislation.
SECTION 2. REPEAL ENUMERATED UNFUNDED MANDATES. The City
Council hereby provides a list of unfunded mandates that should be repealed:
Section 215.055(2)(d), Florida Statutes Places limitations on the use of
Discretionary Sales Tax revenues which increase reliance on Ad Valorem Tax
revenue.
D Section 200.065 (5), Florida Statutes Limits and regulates municipal elected
officials' ability to manage millage rates.
Section 287.055, Florida Statutes Commonly known as the Competitive
Consultants Negotiation Act (CCNA) requires municipalities to proceed through
an extensive selection and negotiation process to retain architects, engineers,
landscape architects, or surveyors. This process prolongs the construction
process and increases costs as price can not be a determinate in the selection
process.
D Section 112.0801, Florida Statutes The Municipality is required to offer its
retired employees the same health and hospitalization insurance coverage
offered its active employees at no greater cost than the premium cost applicable
to active employees. This policy ultimately increases costs to the general public.
Chapter 175; Chapter 185 Florida Statutes These chapters require cities
participating in certain pension plans (approximately 200 cities) to use funds to
provide additional pension benefits to public safety personnel.
Section 633.382, Florida Statutes Requires public employers to provide
supplemental compensation to police and firefighters who have attained higher
levels of education such as bachelor and master degrees. The additional
compensation ranges from $30 $130 per employee per month. These amounts
also increase retirement and benefit costs.
SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Council Member Coy
The motion was seconded by Council Member Gillmor and, upon being
put to a vote, the vote was as follows:
B
Sally A. Maio
City Clerk
Mayor Jim Hill
Vice Mayor Don Wright
Council Member Andrea B. Coy
Council Member Richard H. Gillmor
Council Member Eugene Wolff
C
aye
aye
aye
aye
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 12
day of January, 2011.
ATTEST CITY OF SEBASTIAN, FLORIDA
Approved As to Form And Legality
For Reliance by the City Of
Sebastian Only:
Robert A. Ginsburg
City Attorney