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HomeMy WebLinkAbout05222013 Minutes:. • SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 22, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Reverend Dave Newhart, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Council Member Jerome Adams. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Community Development Director, Joseph Griffin Finance Director, Ken Killgore Administrative Services Director, Debra Krueger Police Chief, Michelle Morris Deputy Police Chief, Greg Witt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members The City Attorney requested withdrawal of his litigation update for additions and corrections until the next meeting on June 12, 2013. Vice Mayor Wright requested to pull Consent Agenda item 7B for discussion. Mayor McPartlan requested addition of proclamations for Civility Month and Memorial Day and there was no objection. MOTION by Ms. Coy and SECOND by Mr. Adams to approve the modifications passed on a voice vote of 5 -0. Regular City Council Meeting May 22, 2013 Page Two 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. 13.083 A. Employee of the 1 st Quarter — Beniamin Allison — Crime Scene Evidence 5 Technician Mayor McPartlan read Mr. Allison's bio, presented him with a plaque and commended him. Mr. Allison said he was thankful to be working for the Police Department and said it was like a family. 13.084 B. Proclamation — Savannah Dutoi, Parks Department Gymnastics Assistant - 6 Commendation for First Aid Effort Mayor McPartlan read and presented the proclamation to Savannah Dutoi and commended her for her efforts. Ms. Dutoi said she was thankful for her lifesaving training which she had recently received. 13.085 C. Proclamation — XF 500 /Mother Ocean — Justin Riney — Stand Up Paddle Around 7 State of Florida & Welcome to Sebastian Mayor McPartlan read the proclamation and Kristen Beck of Florida Outdoor Adventures gave an update on festivities planned for June 5th at Riverview Park to welcome Justin Riney, including a lagoon cleanup starting at 2 pm. She invited families and local youth to get involved. 13.089 D. Proclamation — Civility Month — May Mayor McPartlan read and presented the proclamation to City Attorney Robert Ginsburg, who commended the City Council for their civil demeanor in troubling times. 13090 E. Proclamation — Memorial Day 2013 Mayor McPartlan read and presented the proclamation to Council Member Coy who invited everyone to come out to the Memorial Day observance in Riverview Park on Monday, May 27, 2013. D. Brief Announcements 5/27/13 — Memorial Day Service in Riverview Park Veterans Memorial —11 am 6/1/13 — Exchange Club Blue Water Open — Capt'n Butchers 6/5/13 — Lagoon Cleanup and Festivities in Riverview Park for Arrival of Mother Ocean/ XF 500 Paddler Justin Riney — 2-6:30 pm Mayor McPartlan once again announced the Memorial Day Service. Vice Mayor Wright announced the Exchange Club 20th Anniversary Blue Water Open on June 1, the pre -party on May 31, and awards presentation on June 2. He said all proceeds are donated to programs for prevention of child abuse. NA Regular City Council Meeting May 22, 2013 Page Three Ms. Coy spoke on the Oklahoma tornado and urged folks to donate through organizations such as Salvation Army — on -line at www.salvationarmyusa.org — or text STORM to 80888, noting that monetary donations are most critical now. 13.086 E. Employee Health Insurance Update — Gehring Group Christian Bergstrom, Gehring Group, gave a Power Point presentation on the proposed employee heath insurance plan (see attached). There were no comments or questions from Council. 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. 8 -19 A. Approval of Minutes — May 8, 2013 Regular Meeting 13.078 B. Resolution No. R -13 -04 — Requesting Support of MPO to Reduce US 1 Speed 20 -23 Limit (City Manager Transmittal, R- 13 -04, Chamber of Commerce Resolution) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING A REDUCTION IN THE SPEED LIMIT IN THE SEBASTIAN, FLORIDA COMMUNITY REDEVELOPMENT DISTRICT OF US HIGHWAY 1; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve item A of the consent agenda. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5 -0 Item B — R -13 -04 Mr. Wright said he removed the item to make a comment and to let a citizen give input. He asked if this was brought to the MPO, and Ms. Coy responded that MPO had their meeting the same day Council last discussed this item, and they will not meet again until July. John Tenerowicz, South Wimbrow, as representative of the Parks and Recreation Committee, said the committee was working on a greenways map and slowing the speed on US 1 would be helpful. MOTION by Mr. Wright and SECOND by Mr. Hill to adopt Resolution No. R- 13 -04. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed: 5 -0 3 Regular City Council Meeting May 22, 2013 Page Four 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. 13.087 A. Parks and Recreation Advisory Committee 24 -37 (City Clerk Transmittal, Three Applications, Ad, List) i. Interview, Unless Waived and Fill One Expired, Regular Member Position Mr. Adams nominated Greg Paschall and Mr. Wright agreed with the nomination. Lawanna Perry asked to speak to express her continued interest, and said it seemed they had decided. Mayor McPartlan said the City always needs its citizens to come forward and encouraged her to continue to apply. Norman Meyer said he would like to keep his hat in the ring but due to family commitments he would probably have to miss the first three meetings of Parks and Recreation and withdrew his application for now. Greg Paschall thanked Council for the opportunity, said he has two young sons and they have been to every City park, he would do his best to talk to people in the community and bring their concerns to the committee and had spoken to former Chair Scott Simpson on some issues. Ms. Coy said to Ms. Perry that she should not take this personally, that Council had three highly motivated and qualified individuals and suggested she attend the meetings and get a leg up for the next opening. Mr. Adams said he did not mean to offend Ms. Perry because he knows how hard she works at Little League and her work is greatly appreciated. Mr. Paschall was appointed to the Regular Member position by virtue of the only nomination. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 13.080 A. Purchase of 12900 US Highway One Cemetery Expansion Purchase - Adopt 38 -43 Resolution No. R -13 -10 and Authorize Staff to Close on Purchase Within Provisions of Sales Contract (City Manager Transmittal, R- 13 -10) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA BORROWING FUNDS FROM THE NON - EXPENDABLE CEMETERY TRUST FUND AND REPAYING THE FUNDS WITH ALL NICHE AND LOT SALES; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Manager explained how the 1.4 acre property was brought to the City's attention by John King, that he had worked quickly to secure it at a cost of $300K, after the last meeting staff had looked at about five issues to bring to Council's attention, and ultimately he would ask for Council's authorization to complete the sale and purchase. 11 Regular City Council Meeting May 22, 2013 Page Five He reviewed how the cemetery is managed, the Clerk takes care of sales and records, and he is in charge of operations, maintenance and personnel, that there are approximately 1000 lots remaining in the cemetery, and likely has a life of about 17.2 years. He said Council needs to decide if it wants to close cemetery services at build out and just maintain, or continue offering municipal cemetery services, however, it would be staff's recommendation to expand cemetery services, due to availability of funds, population growth, the good price for the property below assessed value, and indications that we are leaving the bottom for property prices and if we wait the cost will be higher, and the property may be bought out from us. He said staff crunched numbers to consider the purchase and looked at two extreme case scenarios, 1) since the property is on a hill, 2/3 of the property would be unusable for lots, if we just use the flat areas we could get about 760 lots from the 1.4 acres, and with City resident rates of $1000 for a full lot would get us $760,000 in revenue; and 2) there is another large investment possible, that being creating cemetery lots, niches and a mausoleum, which could bring in significant revenues up to $4000 to $7500 per space. He described the opportunity to build a mausoleum into the hill with space for lots above and with niche and lot sales for a potential of $2.5 million in revenue. He said this purchase is safe financially, and there is potential to return our investment and is a competitive price. He then discussed the ridge and the possibility of digging out the sand and selling it which could bring a significant profit, which would open lot space to about 800. He said the property would have to be annexed and rezoned to public service, and a dilapidated structure would have to be removed. He said the code provides for a cemetery trust fund which is just about $975K and it is divided into a spendable trust which is used for capital improvements and expansion, and a non - spendable for future perpetual maintenance. He said there is currently $763,382 in the non - spendable for perpetual maintenance and $273,993 in the spendable portion so we are about $25K short for the purchase. He recommended if Council wishes to move forward with the purchase, they pass R -13 -10 to suspend the trust fund rules for an indefinite period so we can borrow $26,007 from the non - spendable trust fund portion to make the purchase, and then all cemetery sales going forward will pay back that amount to the non - spendable trust fund until replenished. The City Attorney read Resolution No. R -13 -10 by title. MOTION by Mr. Hill and SECOND by Mr. Wright to adopt Resolution No. R -13 -10 and authorize the City Manager to close the purchase of the 12900 US 1 property within the provisions of the sales contract reviewed at the last meeting and in packets this evening. Mr. Adams asked what is involved in removing and selling the sand and would the revenue from that go to the cemetery fund or the general fund. The City Manager said it should and needs to stay in the cemetery fund, that there is no plan laid out, and the essential bottom line is we have a lot of options if we buy that lot. Ms. Coy said Vero Beach Crestlawn cemetery fund is getting short and ours is healthy so kudos to whoever set this up. The City Manager said there will be road and maintenance issues to address, but if we maintain good interest on our investment we should be able to build up our perpetual maintenance and capital funds. Regular City Council Meeting May 22, 2013 Page Six Mr. Adams asked if the sand were to be sold, would it go to the non - expendable or expendable fund. The City Manager said it would be up to Council, but his knee jerk reaction would be to keep it in the cemetery in the capital fund. Mr. Adams said since we are borrowing the funds from the non - expendable, maybe we should look at the ordinance to consider increasing the amount we keep in the expendable fund. The City Manager said he would even go the other way and reduce the amount you need in the perpetual fund and at this stage this is premature. He said he would not recommend amending the ordinance at this time. The City Clerk commented that the code language only provides that proceeds from sales of interment sites shall be paid into the trust fund, and the City Manager stated that was his comment, that if we sell sand, the proper place for that is the cemetery trust fund and his knee jerk reaction is to put it in the expendable fund for future capital improvements. Roll Call: Ayes: Hill, McPartlan, Wright, Adams, Coy Nays: None Passed: 5 -0 11. PUBLIC INPUT (procedures on back of agenda) Dave DeVirgilio and Mike Murray, both of Pelican Island Place, requested that City Council revisit previous discussions from several years ago on the realignment of Barber Street in the area near Pelican Island Elementary due to the dangerous curve that exists there and incidents which have occurred with people missing the turn, driving off the road, and even once hitting and killing Mr. Murray's dog in the swale. They provided a petition signed by 35 individuals in the neighborhood (see petition attached). Mr. DeVirgilio said he was a member of MPO Citizens Advisory Committee and Mr. Matson said he would have no problem donating the three or four lots the County owns. Mr. Wright asked if he had discussed this with the City Manager, and Mr. DeVirgilio said he met with him about eight months ago, and the good news is there was a preliminary plan drawn. The City Manager responded the issue is do we want to reintroduce this and said it was on the books in 2005 when he arrived, and we took it off the books soon after. He said the county had worked to acquire several lots on the eastbound section of Barber, and there were issues with scrub jay habitat, and discussed Fish and Wildlife scrub jay take issues. He said funding was moved to other areas and with the budget coming up it may be something we want to look at again during CIP, we have preliminary drawings. Mr. Hill asked if it was an MPO project since it was Barber and the City Manager said it was local, the county's contribution was that they had purchased properties. Mr. Hill said he thought he saw it on an MPO plan. Mr. DeVirgilio said it was on the plan when he started on CAC and is now gone. Ms. Coy said it might have been combined with the larger Barber /Schumann intersection project. Mr. Wright said it would be good to get some drawings to see how it was aligned and discuss it further. The City Manager said those two projects — Barber Street realignment and the intersection project - had never been tied together. Con Regular City Council Meeting May 22, 2013 Page Seven 12. NEW BUSINESS 13.015 A. First Reading of Ordinance No. 0 -13 -03 - Solid Waste Collection Franchise 44 -75 Agreement — Set Public Hearing and Adoption for June 12, 2013 (City Manager Transmittal, 0- 13 -03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTNG AN EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. The City Manager noted that Waste Management had not completed its review of the language and there may be some minor changes. He said Mr. Adams had brought to his attention a program called Waste Watch where haulers keep an eye out for suspicious activity in neighborhoods and he had talked to George Geletko who said they can do that in Sebastian, and he would add it to conditions in Article 13 for second reading. He said any other changes made would be red -lined for Council. The City Attorney read the Ordinance by title only. Ms. Coy asked if the smaller size container is in here and the City Manager said it was. She said she had received a call after the last meeting from an elderly woman who called Waste Management and was told smaller containers are available upon request. Ms. Coy cited Article 13.6.1 solar compactors and asked if we are getting both the solar refuse and recycling containers and the City Manager said he would clarify that by the second reading. Mr. Adams asked why Articles 11.1.1 and 11.1.3 have rates to be filled in but are blank. The City Manager said he was confused on some of the charts but they would be inserted before the second reading. Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed: 5 -0 13. CITY ATTORNEY MATTERS 13.088 A. Litigation Update (Report) - Withdrawn from agenda until June 12th agenda. 14. CITY MANAGER MATTERS The City Manager explained a situation whereby Dollar General on CR 512 is required to grant a sidewalk easement to the City for connection of the existing sidewalk, and to expedite the process we prepared a grant of easement, and it needs to be authorized for him to execute. The City Clerk handed out backup provided by the City Manager (see attached). The City Attorney said with sufficient time this ordinarily would have been placed on Council's consent agenda for consensus, but the timing was too late for Dollar General, so they requested we do it sooner, they are giving us the property, and the City Manager said it is here for public disclosure and he will execute the agreement. 7 Regular City Council Meeting May 22, 2013 Page Eight 15. CITY CLERK MATTERS - None. 16. CITY COUNCIL MATTERS A. Mayor McPartlan Mayor McPartlan announced the Memorial Day service at Riverview Park at 11 am on Monday, May 27th once again for the benefit of the public. B. Vice Mavor Wriaht Mr. Wright reported the Indian River County Commission had voted 3 -2 to proceed with a resolution to impose a moratorium on impact fees for 18 months, and they will address how and when to make it effective. He said it will be a huge move forward by the County and said we have an impact fee in Sebastian and it is important for us to discuss that. Mr. Hill suggested we have that discussion, but was not certain the County is taking a step forward with a moratorium, because without impact fees how would we pay for roads, sidewalks, parks. He said while it sounds good to eliminate impact fees there is a cost for growth and people here have already paid impact fees. Ms. Coy agreed we need to discuss pros and cons and suggested we discuss at the next meeting on June 12th Mr. Wright said the County may have even more discussion at their next meeting, and reported on the Tourist Development Meeting noting tourist taxes are up 4.8 last month and 5.7 from last year, which enabled them to fund 100% of IRC and Sebastian Chambers, Cultural Council, Historical Society, Treasure Coast Sports Commission, and Vero Heritage Inc. He further said he wanted to encourage the Treasure Coast Sports Commission to spend some of its funds in the North County at our golf course, hotels and restaurants and he will meet with them to discuss some concepts he has. Mr. Wright discussed a meaningful article for Sebastian on Working Waterfronts which states they account for 3.4% of the total US gross domestic product and 4.85% of total employment with ocean and great lakes waterfront accounts, and provide a toolkit to municipalities to best utilize their Working Waterfronts, which he will turn it over to the City Manager. C. Council Member Adams Mr. Adams reported that at the Indian River County Commission meeting prior to their last meeting they awarded Ranger Construction the resurfacing of the eastbound lanes of CR 512 between Roseland and Easy, and approved sending a letter to Harbor Branch in support of their request for grant funding to study effects of septic systems on the Indian River Lagoon. Regular City Council Meeting May 22, 2013 Page Nine D. Council Member Co Ms. Coy reported on Beach and Shores, where it was announced money from the State, the Canadian version of Kilroy, was nixed. She announced there was another Memorial Day event at Earl's with a motorcycle procession on Saturday May 25th at12:30 pm and a skydiver with a flag and they had received FAA approval; and said Wii bowling has arrived at the Senior Center from 10 to 1 every Saturday and asked people to join them. She said there is a National Senior Wii Bowling League. E. Council Member Hill Mr. Hill asked about the sidewalk that goes all the way across the strip mail on 510 and then stops abruptly at the Publix and picks up again at the corner, and asked the City Manager to check with the County on that. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 8:03 p.m. Approved at the June 12, 13 Re ular Council Meeting. By. �'� Bob McPartlan, Mayor Attest: Sally A. Maio,,Y C, City Clerk 9 City of Sebastian Health Plan Overview & Updates Presented by: Christian Bergstrom, Director Senior Benefits Consultant May 22, 2013 GEHRING ,AGROUP Items for Discussion . ..... . ........ .. .. - . . ........... . - - --- -------- . . ......... . .. .. . . .. ..... . ..... 1. Claims Experience 2. Health Reimbursement Accounts Utilization 3. 2012 — 2013 Benefit Changes 4. Health Care Reform Update S. Preparing for 2013-2014 Renewal 2011— 2012 Claims Experience .� " ":?saz xam.r -{` x d- w-'m i.+&t<,-^."+an',.xvucp'"w&•s� u' ",rw" = ;Cr``„ 2011 2012•Totat $976,97172 "$678 489 75 ', $153 4Q8 95 $8167454 6,'$51,$93 56� $965166 °Q 98 836 W' 3 $'x`+-78918 : ":R�a"- aihs�a' 't - .•.�,r �,�.ras:•3t.. �S,-. w �.. rra .�,�,..:szu`.''r' �St^�,; 54 a.. +i.'s'..,..°� tea;' x- �z:�vr J�. "-. �:1. October -11 $91,23135 $53,182.89 $12,580.63 $9,75752 $7,590.75 $83,11L79 91% 109 5 762.49 Novemb -11 $90,229.13 $200,709.93.. $9,74554 $816.40 $91L84 $212,183.71 ` M% 109 $ 11946:64 December -11 $84,580.45. $64,204.01 $11935.86 $4,11498 $2,014.87. $82,279.72 979. 105 783.62'.. January -12 05,782.19 `$18,06972 $11539.30 $1,717.62 ` $59653 $31,923.17 42% 102 5 31297 February-12 $81,465.53 $22,815.71 $7,193.47 $6,611,32 $3,544,29 $40,164.79 49% 101 5 397.67 March -12 $81;465.53.:$33,36656: $5,79553 59,826A4. $3,339.44 $52;327.97. 64% 100 5 '523:28 April-12 $79,456.92 $35,590.29 $11,01533 $12,545.74 $5,645.05 $64,796.41. 83% 99 $ 654.51 .May-12 $75,984.92 $108,225.61 $26,19L32 ' $8,231.02 $3,497.26 $146,145.01`. 192% 99 5 1,476.21 June-12 $79,051.63. - $62,617.01 $14,020.31 $4,356.20 $4,586.94 $39,65356 -50% 99 $ (400.54) July -12 580,097.75 S21558.66 $9,653.62 $5,374.11 $7,104.16 $43,690.55 55% 101 $ 432.58 August -12 $79,574.69 $23,984.74 $15,809.47 $9,995.48 $$,904.65 $58,694.34 74% 100 $ 58694. Septembu -12 $79,W5.63 $159,398.64 $17,918.77 $8,327.71 $3,857.88 $]89,503.00 .240% 99. $ L914.17. .� " ":?saz xam.r -{` x d- w-'m i.+&t<,-^."+an',.xvucp'"w&•s� u' ",rw" = ;Cr``„ 2011 2012•Totat $976,97172 "$678 489 75 ', $153 4Q8 95 $8167454 6,'$51,$93 56� $965166 °Q 98 836 W' 3 $'x`+-78918 : ":R�a"- aihs�a' 't - .•.�,r �,�.ras:•3t.. �S,-. w �.. rra .�,�,..:szu`.''r' �St^�,; 54 a.. +i.'s'..,..°� tea;' x- �z:�vr J�. "-. �:1. 1 12 — 2013 Claims Experience 4q '� MDN7HEY �* Total Hospital otat Physiaa � � fl�'e .� ("�.„ � y �"rCClarms y �`r� �her, � Pharmacy � TflTAt CLAtP�95 mho TOTAL Ciaims� �,".� 1:Yw,.'7�3 +.�'�?°s, -n PREM7t3M Claims ri'➢�.°� '�. e . .."..,rw-yi �. ,Tip. E:iti .a*x 4.�v?';i°?u. f 'October - -12 $70,735.84 $1iL104-18 514,660.69 54,548-07 55,041.74 $135,354.68 191%`,. 97 $ 1,395.41'. ._'lit bei -12 .$70,199.83 $56,616.68 $9,66S.84 $3,614-66 `.$4,92 &42 $74,62S-60 107% 96 .: $ 779.43 December -12 $69,723.00 $37,735.06 $12,61228 $5,28256 $5,735.12 $61,365.02 88% 96 $ 63922 9anuary -13' $69,118.72 -: - $5,768,06 $8,77718 $6,33F:95 $2,404.87 $13,746.04 7% 95 ! $ 123.64 'February -13 $67,22729 $37,497.80 $14580.62 $2,069.86 5380 -08 $54,52 &36 81% 93 5 58633 .:March -13 .. $68,721.91 $19,398 -76. $32.121:20 $4,206.71:.• $731.95 $36,458.12 ,53% 93.� $ 39202. Apra -13 June-13' July -13 August -13 _ September -13 Roiling 12 Months $887,944.13: $542,72535. $167,026.53 $74,883.57 _ $52,818.12 $837,45357 9496 1167. 4717.61: t C O L Q� CL O E W L a V or Health Reimbursement Accounts ... . .. .... ........... . ..... '..- .. . ....... .. . . ...... . --- . ..... . ---------- ---- ... ... ..... ........ ...... . ............ . .. ...... .. . ... . ... .-.- -- - - - ----- $119,512.7 55% October 01, 2012 — May 11, 2013 ,487.28 6% m Total Debits Balance In Account i c� G N E V v s o� Ni V' O O O llt N L O N M U 3 c� c 3- 0 lD M Ln L- E 0 � u m +.1 O 4- o m Flo N U 4 L L � I Q1 N tdA �--I � O Q �L o. Q CU �c vE 1 O c-I 4- dA r- o, 4* IO o o 0) d 0 0 o;> � N 0 �v L- E 0 � u m +.1 O 4- o m Flo N U 4 L L � I Q1 N tdA �--I � O Q �L o. Q CU �c vE 1 O c-I 4- dA r- o, 4* IO o Benefit Changes .t r, Single: $1,500/ $3,000 Single: $1,50D/ $3,000 Family:$3,000 /$6,000 Family:$3,0D0 /$6,000 7Year Deductible (CYD) /Out -of- Network) --......__. — Maximum (OOPM) / Out-of- Network) Single: $3,000/ $6,000 Family: $6,000 / $12,000 Single: $4,500 / $9,000 Family: $9,000 / $18,000 -lealth Reimbursement Account Single: $M _ _Fa. - .$1;5pp Single: $1,50D _ _..Fam�EP,000_ oinsurance- In Network Member pays: 10% Member pays: 20% rimary Care Physician Office Visit 10% after CYD 20% after CYD pecialist Office Visit _ ......... _..._._. _...._......_.. _._...._.._......._ entivve Care 10% after CYD _.._ _ ...... ....... ...._ ..... ........._.__. _.___ No Charge 20% after CYD ._._— ....._.....___._.._ ____.__ ................_ No Charge mergenay Room Visit 10% after CYD 20% after CYD rgent Care facility 10 %after CYD 20% after CYD npatiem Hospital (Option 1 & 2) 10% after CYD 20%/25% after CYD utpatient Hospital (Option 1 & 2) -rays at Independent Facility 10% after CYD 10% after CYD 20%/ 25% after CYO 20% after CYD dvanced Imaging (MRI, PET, CT) 10% after CYD 20% after CYD rescription Drug Mail Order Program 2.Sx Retail Copay after CYD 2.5x Retail Copay after CYD Dial Lifetime Maximum Benefits Unlimited Unlimited Health Care Reform Goals of Patient Protection & Affordable Care Act (PPACA) 1.Make Coverage Affordable 2.Make Insurance Comprehensive 3.Make Coverage Accessible & Expand Coverage 32 Million Uninsured ANNIVERSARY — 3 YEARS OLD — PASSED 3/23/10 1700+ PAGES OF LEGISLATION ISSUED SINCE ELECTION Health Care Reform Considerations for 2013: •FSA limit reduced to $2,500 -Additional .9% Medicare Tax on high earners & 3.8% Medicare tax on some unearned income • $200k individual and $250k married subject to .9% Medicare tax. NO EMPLOYER MATCH — NO ER BUDGET IMPACT •$1000 per infraction penalty for employer noncompliance • Medical Loss Ratio (MLR) • Aggregate premium by market by state • Defines "small group" as fewer than 100 employees • 85% large group market/ 80% small and individual market Health Care Reform Considerations for 2013: • Notification Requirement to Employees By October 1, 2013 ER's must notify employees regarding: 1. Their ability to opt out of group health plan 2. The availability of the State Exchange (or Federal if no state exchange) 3. If plan covers less than 50% - potential eligibility for premium tax credit if EE purchases coverage through exchange • Effectiveness Research Fee (PCORI) • Goal = treatments on evidence -based outcomes • Included in fully- insured premium rates ($2 PMPY) • 170 Members X $2 = $340 Health Care Reform Considerations for 2014: • Accountable Care Organizations (ACO) Emergence — Influenced by Medicare Shared Savings Program and Primary Care Medical Home (Medicare ACO) — Increase in bundled payments; consolidation in carriers, markets; hospital activity • Individual Mandate — individuals must cover themselves and dependent(s) with Minimum Essential Coverage (MEC) — Increase the insurance pool to include the healthy — Stop the shift from uninsured to insured — Supreme Court decision — AFFIRMED AS A TAX Health Care Reform Considerations for 2014: • Full -time employee definition • Measurement/ Admin /Stability Periods • Pay or Play for employer • Minimum Value Coverage • Unaffordable Test • Elimination of all limits and maximums • Expand Marketplaces • Public Marketplace • Private Marketplaces • Innovative Product Offerings Health Care Reform Considerations for 2014: • Reinsurance Fee • Temporary program intended to stabilize premiums in the individual market from 2014 -2016 • Estimated around $63 PMPY or $5.25 PMPM • 170 Members X ($5.25 * 9 Months) = $7,140 • Health Insurance Industry Fee • Fee on insurance industry to assist the government in subsidizing coverage for lower income families and individuals • Estimated 3.5% on annual premium amount (In addition to medical inflation) • ($68,722 Mo. Premium* 3.5%)X9 Months= $21,647 2014 $8 billion 2015 & 2016 $11.3 billion 2017 $13.9 billion 2018 $14.3 billion Years after 2018 Prior yr amount indexed by rate of annual prem growth Health Care Reform Considerations for 2018: • High Cost Employer - Sponsored Health Coverage Excise Tax a.k.a. Cadillac Tax — 40% tax on excess benefits • $10,200 individual / $27,500 family & $11,850/$30,950 high risk & early retirees • (Age, gender, cost of living adjustments TBD) • On -going Debt Ceiling Negotiations • 2016 Election • Union contracts Planning for 2013 -2014 Renewal • Claims Experience Monitoring • Initial Renewal Offer— Mid June • Request for Proposal (if necessary) — End of June • Evaluation of Responses — Mid July • Negotiations — End of July • Staff and Gehring Review — End of July through Early August • Recommendation provided to City Council — Mid August • Open Enrollment — Beginning of September Question & Answer THIS INSTRUMENT PREPARED BY AND RETURN TO: James C. Rowe, Esquire James C. Rowe, P.A. 147 2nd Avenue South - Suite 400 St. Petersburg, FL 33701 SIDEWALK EASEMENT AGREEMENT THIS SIDEWALK EASEMENT AGREEMENT (the "Agreement") is entered into this day of May, 2013, by 512 SEBASTIAN NNN, LLC, a Florida limited liability company, hereinafter referred to as "Grantor" in favor of the CITY OF SEBASTIAN, hereinafter referred to as "Grantee" and is made in reference to the following recitals and facts: A. Grantor is the owner of that certain real property located in Indian River County, Florida, being more particularly described as follows: Lot 4 of the Sebastian Crossings Commercial, as per plat recorded in Plat Book 22, Pages 73 through 76, inclusive, of the Public Records of Indian River County, Florida (hereinafter"Property"). B. Grantor desires to create non - exclusive, perpetual easements for the location and use of a sidewalk connection in favor of the Grantee subject to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the promises contained herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. Recitals. The statements contained in the recitals of facts set forth above are true and correct and the recitals by this reference are made a part of this Agreement. 2. Exhibits. The Exhibit attached to this Agreement is by this reference made a part hereof. Any sketch included in the Exhibit is for information purposes only and is intended to depict the legal description pertaining to the easement granted herein. 3. Grant of Easement. Grantor does hereby grant to the Grantee a perpetual, non - exclusive easement for purposes of maintaining and using a sidewalk as presently constructed thereon for pedestrian foot traffic and other customary uses thereof to be located within that portion of the Property more fully described and set forth on Exhibit "A" attached hereto (the "Sidewalk Easement "). 4. Covenant Runninq With the Land. It is expressly understood and agreed that the terms, covenants and conditions of the easements shall be covenants running with the land, which shall burden the Sidewalk Easement 5. Use of Easements. By its acceptance of the easement hereto, Grantee agrees that the use of the Sidewalk Easement shall be such that it does not interfere with the Grantor's use of the property, and /or their successors, tenant and assign's use of the property, to the extent that such use is not inconsistent with the easement rights granted herein. 6. Modification. There are no other agreements, promises or undertakings between the parties except as specifically set forth herein, no alterations, changes, modifications or amendments shall be made to this Agreement except in writing, to be recorded in the public records of Indian River County, Florida. 7. Governing Law. This Agreement and all matters and issues collateral thereto shall be governed by and construed in accordance with the laws of the State of Florida. 8. Severability. In the event that any term or provision of this Agreement becomes illegal or unenforceable, the remaining terms and provisions shall nevertheless be valid, binding and subsisting. 9. Headings. Headings are for convenience of reference only and shall not affect the interpretation or construction of this Agreement. IN WITNESS WHEREOF, the Grantor has executed this Sidewalk Easement Agreement on the day and year first above written. "Witnesses" Print Name: Print Name: STATE OF FLORIDA COUNTY OF PINELLAS "GRANTOR" 512 SEBASTIAN NNN, LLC By: Its: The foregoing instrument was acknowledged before me this _ day of May, 2013, by , as of 512 Sebastian NNN, LLC, who is personally known to me or who has produced as identification. My Commission Expires: NOTARY PUBLIC K IN WITNESS WHEREOF, the Grantee has executed and accepted this Sidewalk Easement Agreement as of the day and year first above written. "GRANTEE" CITY OF SF-OASTIAN, FLORIDA Ir , \City Manager I_1 Sally A. MaV, MMC — City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Att rney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this& ay of May, 2013, by Al Minner and Sally Maio, as City Manager and City Clerk, respectively, of the City of Sebastian, on behalf of such city, who are personally known to me. My Commission Expires: : ;y X287188 S o 3 EXHIBIT A LOT 4 SEBAS77AN CROSSNGS COMAO?aAL PB 22 PG 7J-76 SOWN LOT 4 SEHAS77AN BOULEVARD (CR 312) / N I y� f'00' POINT OF BEMAM SOUTHEAST CORNER OF LOT 4 DESCRIPTION- SIDEWALK EASEMENT AN EASEMENT L YING W/ THIN LOT 4 OF SEBAS77AN CROSSINGS COMMERCIAL. AS PER PLAT RECORDED IN PLAT BOOK 22, PAGES 73 THROUGH 76, INaUSIVE, OF ME PUBLIC RECORDS OF INDIAN RIVER COUNTY, F7- CRIDA, BONG MORE PAR 77CU1'LARLY DESCRIBED AS FOLLOWS• BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4, THENCE RUN NWJ9�26'W, ALONG THE SOUTH LINE OF SAID LOT 4, M00 FEET THENCE N277653'W, 39.32 FEET TO A POINT ON THE EAST UNE OF SAID LOT 4; THENCE SOOY2'10 °W, ALONG S41D EAST UNE OF LOT 4, 35.00 FEET TO THE POINT OF BEG alm. SKETCH OF DESCRIPTION ONLY! THIS IS NOT A SURVEY! AAL LAND SURVEYING SERVICES INC. r io s gas. sMaM rc.aW M AM= MW Hal M IM WK 80M $A o UK u Cr MAMM.a 3970 MINTON ROAD Ant>3 s�tOps p P�OYYS+iOlC WEST ME SOURN& FL 32904 ar+Lc I-.- fO' �QONg >� (321) 76a —aiio + I La. •OOS>f� +�