HomeMy WebLinkAbout09252013 Agenda PacketCn Cf
SEAT -N
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, SEPTEMBER 25, 2013 - 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 on the Back of the Agenda
1. CALL TO ORDER
2. INVOCATION — Reverend Lori Hoey, St. Elizabeth's Episcopal Church
3. PLEDGE OF ALLEGIANCE — Led by Mayor Bob McPartlan
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.
13.130 A. Proclamation — Domestic Violence Awareness Month — Safespace — Accepted by
6 Safespace Director of Programs, Judy Brophy
13.131 B. Proclamation — Hunger Action Month - September
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13.132 C. Florida Power and Light Presentation — Operations Update — Amy Brunjes
D. 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.
8 -23 A. Approval of Minutes — September 11, 2013 Regular Meeting
Pg B. Approval of Minutes — September 16, 2013 Special Meeting
24 -26
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.
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9. FINAL PUBLIC HEARING ON MILLAGE AND BUDGET
13.010 A. Final Hearing on Millage for Calendar Year 2013 and FY 2013/2014 Bud
27 -52 (Administrative Services Transmittal, R- 13 -22, R- 13 -23, R- 13 -23, R- 13 -24,
Proposed Budget Under Separate Cover)
City Attorney Advises Council on Procedure for Millage /Budget Hearing
City Attorney Reads Titles to Resolutions R- 13 -22, R- 13 -23, R- 13 -24,
R -13 -25
a) Resolution No. R -13 -22 - Millage Rate for Calendar Year 2013
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING
A MILLAGE RATE OF 3.7166 MILLS FOR THE CALENDAR YEAR 2013 AND ALLOCATING
SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30,
2014; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
b) Resolution No. R -13 -23 - Budget for Fiscal Year 2013/2014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2013 AND ENDING SEPTEMBER 30,2014; MAKING APPROPRIATIONS FOR THE PAYMENT
OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND
INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE
CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL
IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING
DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A ", ATTACHED HERETO,
ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
C) Resolution No. R -13 -24 - Approval of Six -Year CIP — FY 2014 -2019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA ADOPTING A SIX -YEAR CAPITAL IMPROVEMENT PROGRAM FOR
FISCAL YEARS ENDING 2014 -2019; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
d) Resolution No. R -13 -25 - Adopting Financial Policies
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING AMENDED
FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS
PROVIDED FOR IN ATTACHMENT "A "; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
iii. City Manager Announcement of Proposed Millage Rate of 3.7166 Mills,
which is .62% less than the Rolled -back Rate of 3.7398 and Budget
Overview
iv. Mayor Opens Hearing for Public Comment on Millage, Budget, CIP and
Financial Policies
V. Mayor Closes Public Comment
vi. City Council Deliberation and Action
a) Adopt Resolution No. R -13 -22 Millage Rate for Calendar Year 2013
b) Adopt Resolution No. R -13 -23 Budget for Fiscal Year 2013/2014
C) Adopt Resolution No. R -13 -24 Six -Year CIP for FY 2014 -2019
d) Adopt Resolution No. R -13 -25 Adopting Financial Policies
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10. UNFINISHED BUSINESS
13.126 A. Golf Course Cart Bids — Award Bid for Purchase of 87 Carts to Yamaha Golf Car
53 -70 Company and Approve Resolution No. R -13 -19 Accepting Financial Proposal
from Seacoast National Bank and Authorize Mayor to Execute Necessary
Closing Documents (City Manager Transmittal, Administrative Services
Transmittal, R- 13 -19, Proposal Evaluation, Seacoast Loan Schedule, All Bids
and Loan Schedules)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ACCEPTING A PROPOSAL OF SEACOAST NATIONAL BANK AND
APPROVING A LOAN AGREEMENT WITH SEACOAST NATIONAL BANK IN THE AGGREGATE
PRINCIPAL AMOUNT OF $299,050 TO PURCHASE GOLF CARTS FOR THE CITY OF
SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE REPAYMENT OF SUCH LOAN
FROM GOLF COURSE REVENUES; AUTHORIZING THE EXECUTION AND DELIVERY OF
SAID LOAN DOCUMENTS TO SEACOAST NATIONAL BANK BY THE MAYOR; AUTHORIZING
THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
11. PUBLIC INPUT
12. NEW BUSINESS
13.133 A. PEA and PBA Collective Bargaining Agreements Update
71 -115 Adopt Resolution No. R -13 -28 — PEA Collective Bargaining Agreement
(City Manager Transmittal, R- 13 -28, CBA)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC
EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD
OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2016; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
13.134 B. Resolution No. R -13 -30 — Community Development Department Fee Reduction
116 -120 Extension to November 2015 (CDD Transmittal, R- 13 -30)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, EXTENDING THE TEMPORARY FEE
REDUCTIONS ESTABLISHED BY RESOLUTION R -10 -44 AND EXTENDED BY RESOLUTION R-
11-28; PROVIDING FOR AN EFFECTIVE DATE.
13.135 C. Resolution No. R -13 -31 — Amending R -09 -39 Section 4 of Lease Agreement by
121 -134 and Between Airport and Golf Course (Administrative Services Transmittal, R -13-
31, Exhibit A Lease Amendment, R -00 -48 w /Lease Attached, R -09 -39 Amendment)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO SECTION 4 "RENT'
OF THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF
LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE
SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
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13.136 D. First Reading of Ordinance No. 0 -13 -11 — Stormwater NPDES Program — Set
135 -145 Public Hearing for October 23, 2013 (City Manager Transmittal, 0- 13 -11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA,
AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES CREATING ARTICLE VI,
RELATING TO THE IMPLEMENTAION OF AN URBAN STROMWATER QUALITY
MANAGEMENT AND DISCHARGE CONTROL PROGRAM TO REDUCE POLLUTANT
DISCHARGES TO THE MUNICIPAL SEPARATE STORM SYSTEM (MS4) IN COMPLIANCE
WITH FEDERAL CLEAN WATER ACT; PROVIDING FOR PURPOSE AND INTENT; PROVIDING
FOR DISCHARGE AND PROHIBITION; PROVIDING FOR REGULATION AND REQUIREMENTS;
PROVIDING FOR INSPECTIONS AND MONITORING; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY
AND EFFECTIVE DATE.
13.137 E. Consider Lien Release 1678 Fatima Court (Code Enforcement Transmittal,
146 -147 Figueroa Request Letter)
13. CITY ATTORNEY MATTERS
14.
CITY MANAGER MATTERS
15.
CITY CLERK MATTERS
16.
CITY COUNCIL MATTERS
A.
Council Member Coy
B.
Council Member Hill
C.
Mayor McPartlan
D.
Vice Mayor Wright
E.
Council Member Adams
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 EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Future Council Meeting Dates:
1019113 Regular City Council Meeting 6:30 pm
10123113 Regular City Council Meeting 6:30 pm
11/13113 Regular City Council Meeting 6:30 pm
12/11/13 Regular City Council Meeting 6:30 pm
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -13 -18
Regular City Council Meetings
Public input is ALLOWED under the headings:
✓ Consent Agenda
✓ Public Hearings
✓ Unfinished Business
✓ New Business
✓ 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
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 agendas 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 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 for individuals to
bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE 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 by consensus direct a Charter Officer in regard to the item if necessary or
place a requested item on a future agenda.
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alY OF
SEBASTI
AN
HOME OF PELICAN ISLAND
Domestic Violence Awareness
October 2013
WHEREAS, domestic violence is a serious crime that affects people of all races,
ages, gender, and income levels, and
WHEREAS, domestic violence is widespread and affects over 4 million Americans
each year; and
WHEREAS, one in three Americans have witnessed an incident of domestic
violence; and
WHEREAS, children that grow up in violent homes are believed to be abused
and neglected at a rate higher than the national average; and
WHEREAS, domestic violence costs the nation billions of dollars annually in
medial expenses, police and court costs, shelters, foster care, sick leave, absenteeism,
and non - productivity; and
WHEREAS, only a coordinated community effort will put a stop to this heinous
crime; and
WHEREAS, Domestic Violence Awareness Month provides an excellent
opportunity for citizens to learn more about preventing domestic violence and to show
support for the numerous organizations and individuals who provide critical advocacy,
services and assistance to victims;
NOW THEREFORE, 1, Bob McPartlan, Mayor of the City of Sebastian do hereby
proclaim the month of October 2013, as
"Domestic Violence Awareness Month"
and urge our citizens to work together to eliminate domestic violence from our
community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the City of Sebastian, Flnr'g� affixed this 25th day of September, 2013.
hdl t Ur
ITEBASTI
Bob McPartlan, Mayor
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g
7J7
S S.
i�unger Action Month
September 0
WHEREAS, hunger and poverty are issues of grave concern in the United States, the
State of Florida, the Treasure Coast, and the City of Sebastian; and
WHEREAS, the City of Sebastian is committed to taking steps to raise awareness
about the need to combat hunger in every part of our City; and
WHEREAS, the City of Sebastian is committed to working with the Treasure Coast
Food Bank in educating people about the role and importance of food banks in
addressing hunger; and
WHEREAS, more than 99,230 individuals on the Treasure Coast and in the City of
Sebastian rely on food provided by the Treasure Coast Food Bank annually; and
WHEREAS, the Treasure Coast Food Bank distributed more than ten million pounds
of food in 2012 through its network of food pantries, soup kitchens, shelters, and
other community organizations; and
WHEREAS, food banks across the country, including the Treasure Coast Food Bank —
will host numerous events throughout the month of September to bring awareness
and attention to encourage involvement in efforts to end hunger in their local
community.
NOW, THEREFORE, I, Bob McPartlan, by virtue of the authority vested in me as Mayor
of the City of Sebastian, Florida, do hereby proclaim September as "HUNGER
ACTION MONTH" in the City Sebastian and call this observance to the attention of
our citizens.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Sebastian to be affixed this 25th day of September, 2013.
Mayor Bob McPartlan
City of Sebastian
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[ MY OF
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, SEPTEMBER 11, 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 Pastor Karen Leedahl, Christ the King Lutheran Church.
3. The Pledge of Allegiance was led by Council Member Jim Hill.
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, Joe Griffin
Finance Director, Ken Killgore
Golf Course Manager, Greg Gardner
Police Chief, Michelle Morris
MIS Senior Systems Analyst, Barbara Brooke -Reese
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
Ms. Coy requested addition of speaker Chris Costello, Sarasota, to give a short
presentation under item 12A Fertilizer Ordinance No. 0-13-10, after Dr. Trenholm, who
was listed on the agenda. She said Ms. Costello spoke before the Indian River County
Commission and 40 counties and municipalities on this issue. Mr. McPartlan asked for
her qualifications and Ms. Coy read a list of experience for Ms. Costello which she said
demonstrated her ability to answer questions relative to fertilizer and Mayor McPartlan
said he had no problem with it. Mr. Wright asked how long her presentation would take
and Ms. Coy said she is here to present and for Council to ask questions, so however
long that takes.
The City Manager requested addition of Resolution No. R-13-27 FAA JPA grant award
on consent agenda item I, which he had sent to Council via email the previous day (see
attached),
There were no objections to either request.
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Regular City Council Meeting
September 11, 2013
Page Two
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
13.120 A. Proclamation - Constitution Week - September 17-23, 2013 - Accepted by Holl
Hamilton. Dauahters of the American Revolution
Mayor McPartlan read the proclamation, but Ms. Hamilton was not able to attend to accept.
13.121 B. Proclamation - National Estuaries Day - Hands Across the Lagoon - Accepted by
Hollv Dill. Executive Director. Environmental Learnina Center
Mayor McPartlan read and presented the proclamation to Holly Dill, Environmental
Learning Center Director, who invited everyone to attend the event at the Wabasso
Causeway and ELC on September 28t"
C. Brief Announcements
Ms. Coy announced the Fall Semester of Indian River State College is open for
registration and the Sebastian campus has many class offerings.
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.
A. Approval of Minutes - August 19, 2013 Budget Workshop /Special Meeting
B. Approval of Minutes - August 28, 2013 Regular Meeting
13.122 C. Prior Approval for Council Travel Reimbursement - Advanced IEMO and Council
Member Adams Attendance at FLC Legislative Policy Committee Meetings (City
Clerk Transmittal)
13.123 D. Police Department Forfeiture Fund Distributions in the Amount of $344.07 to
Creative Product Sourcing, Inc. for DARE (Police Transmittal, DARE Invoice)
13.124 E. Barber Street Bridge Guardrail Replacement to Meet FDOT Standards - Based
on No Bids Received from Bid Invitation Accept Proposal from Southeast
Attenuators of West Palm Beach in the Amount of $58,267.38 and Appropriate
$6,767.48 from DST Funds to Cover Overage (PW Transmittal, Guardrail Estimate)
13.125 F. Resolution No. R-1 3 18 - City Council Meeting Rules of Procedure (City Attorney/
Clerk Transmittal, R-1 3 18)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
RESCINDING RESOLUTION NO. R-1 2-01 -1 ESTABLISHING THE DATES AND TIMES FOR CITY
COUNCIL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER;
PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA
MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
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Page Three
13.126 G. Golf Course Cart Bids - Award Bid for Purchase of 87 Carts to Yamaha Golf Car
Company and Approve Resolution No. R-1 3 19 Accepting Financial Proposal
from Seacoast National Bank and Authorize Mayor to Execute Necessary
Closing Documents (Administrative Services Transmittal, R-13-19, Proposal
Evaluation, Seacoast Loan Schedule, All Bids and Loan Schedules)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ACCEPTING A PROPOSAL OF SEACOAST NATIONAL BANK AND
APPROVING A LOAN AGREEMENT WITH SEACOAST NATIONAL BANK IN THE AGGREGATE
PRINCIPAL AMOUNT OF $299,050 TO PURCHASE GOLF CARTS FOR THE CITY OF
SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE REPAYMENT OF SUCH LOAN
FROM GOLF COURSE REVENUES; AUTHORIZING THE EXECUTION AND DELIVERY OF
SAID LOAN DOCUMENTS TO SEACOAST NATIONAL BANK BY THE MAYOR; AUTHORIZING
THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH;
PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE.
13.127 H. Resolution No. R-1 3 26 - Approving Final Plat for Collier Club Phase IIIB
(Community Development Director Transmittal, R-1 3 26, Final Plat [4 pgs], Neel -
Schaffer Certification, Area Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB, PHASE IIIB;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
13.129 I. Resolution No. R-1 3 27 - FAA JPA Grant for Airport Main Street Access Road
Improvement (added during agenda modifications)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A U.S. DEPARTMENT OF
TRANSPORTATION FAA GRANT AGREEMENT TO PROVIDE FUNDING FOR MAIN STREET
ACCESS ROAD IMPROVEMENTS AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
Ms. Coy requested that item F be removed for discussion and Item G be removed at the
request of a member of the public.
Mr. Wright requested that item I be removed for discussion by Council since it was added
tonight.
MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve items A, B, C, D, E, F
and H of the Consent Agenda.
Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5-0
Item F - R-1 3 18 Meeting Procedures
Ms. Coy requested that the last sentence on page 3 - paragraph 8.13.1. which would have
authorized the Chair to request that large groups be represented by one speaker, be
removed since it has not been a problem and is not required by new state law on public
input, and in fact by removing it makes the City more compliant with new state law than
they already are.
The City Attorney said Ms. Coy explained it well, and that the provision was not required,
and responded to Mayor McPartlan as Chair already had the ability to request it without
the clause and with the concurrence of City Council. He then read the title for R-1 3 18.
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MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve item F - Resolution
No. R-1 3 18 as amended to remove the last sentence in 8.B.1.
Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0
Item G - R-1 3 19 Golf Carts
Jeff Barrett, Senior Sales Representative for EZ -GO Golf Carts, Division of Textron, had
provided data for City Council prior to the meeting, and said his intent was to provide data
to convince Council not to award the bid to Yamaha as referenced on the agenda. He said
the bid results showed EZ -GO to be $3,765.00, or $43 per cart higher than Yamaha over
the four year period. He continued that the basis of the bid was to award to the lowest
responsive responsible bidder based on the net total cost including trade -in allowance. He
said EZ -GO's interpretation is net total cost for the carts minus existing trades needs to be
considered, and if that is not being considered, they are looking at the trade -ins as
disposable value. He said his justification is that if Council is considering the trade -in
value of the EZ -GO vs. the Yamaha in four years, there would be a $300 differential in
favor of the EZ -GO, because Yamaha will depreciate quicker over four years.
Mr. Wright said he had asked the City Manager what energy usage differences there
might be between carts and was told they were negligible, and noted that Mr. Barrett's
materials cited a 31 % reduction in energy costs. Mr. Barrett confirmed that statement.
The City Manager said the City has had a good relationship with Club Car since the
inception of the Golf Course in the early 80s, and had not gone out for any competitive
bids during this period of time until now, though they had reviewed other companies over
the years. He said this year staff felt like they could get competitive bids and bid it out but
did not get it right the first time, due to variables, interest rates, etc. and in trying to keep
flexibility in the bid process to get the best value, it became difficult to compare apples to
apples. He said at that time they thought Club Car was the best, sent that information out
and got comments back from EZ -GO, and then made corrections based on those
comments, threw out the bids and rebid it more rigidly which provided a more competitive
platform for the bidders. He said in response to the second bid, Yamaha was the low
bidder at $299,050, EZ-GO second lowest and then Club Car was the high bid. He said
EZ -GO's unit cost on the carts was a little lower on the trade-in value, Yamaha gave us
more trade -in value which made the overall bid lower. He said we shifted to 87 carts rather
than 86 carts and the other two specialized carts, compared values, went to Seacoast and
found a cheaper interest rate which provided a savings of $5,800 annually. He said on
value of carts, staff did look at them, compared them, said all carts were equal, and though
the representative states EZ -GO value is better, the same might be said by other bidders
as well. He cited recent local bid awards to Yamaha, Indian River Club (electric) and
Sandridge (gas cart). He said his recommendation stands that Yamaha is the best value,
though he cannot advise on the trade -in value at the end of four years.
The City Manager said on the statement from EZ -GO that their battery will use 31 % less
energy, if they are willing to put that in the contract that stipulates that the City's electric
bill will go down by 31 % and if it doesn't, they will come up with some money, he will
recommend tabling this item.
Mr. Wright asked if there was some way to know how much 2010 Yamaha carts would
be worth today and could it be determined by a few phone calls to the industry.
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Page Five
The City Manager said if Council wishes, staff can go back and better determine trade -in
values of all of the carts, noting the other biggest reason staff didn't look into the values is
the big balloon note for the current Club Cars.
Mr. Wright said it might be worth getting additional information.
Mayor McPartlan said he liked the idea of a 31 % decrease in energy costs.
Mr. Barrett said EZ -GO and Club Car hold 80% of the market, and explained how they
would come in and value the trade-in carts and put that out to the dealer network and
provide those numbers to the City. He said dealers do not want Yamahas.
Mr. Hill said he was comfortable and confident with Greg Gardner and the City Manager
to get the best possible deal for the City, and would move forward with staff
recommendation.
The City Attorney read the title for Resolution No. R-1 3 19.
Mr. Wright said it would not hurt to take a couple of weeks to research the information on
the energy use and trade -in value and then come back for a final decision, and if there is
a substantial difference it deserves consideration.
Mayor McPartlan agreed that staff should look into the energy savings.
The City Manager said we did not look into efficiency issues, thought the batteries would
all be comparable, and if they will put in writing that we will see a 30% reduction in
electric consumption that's something we need to consider, but it was not part of the bid.
He noted on September 15th the balloon payment is due whether we stay with Club Car
or go to another company and we owe Club Car $103,200, which may have to come
from General Fund to Golf Course Fund and then be paid back. He said we ended the
Club Car lease early to try to get a new fleet before season start, so if we change now,
we may not see deliverables until October /November.
Mr. Hill asked if the City Manager had heard anything that would make him change his
recommendation, and the City Manager said the energy savings, but doubted if we
would see anything in writing, and expressed concern about the electrical setup at the
Golf Course whereby there is one meter for the whole Golf Course complex and it may
cost $50K to rewire it to measure the alleged savings.
Mr. Wright asked if there were any independent industry standards. The City Manager
said it may take some time, but if asked, staff will do look into it, but to come up with
electrical consumption numbers may be difficult. Mr. Wright said he was only seeking an
industry evaluation such as consumer reports.
The City Manager said he was still recommending Yamaha but will research further if
asked.
Discussion took place on tabling the matter.
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The City Attorney said his recommendation would be to reject bids, since the bid
package was designed to conduct competition on certain grounds and electrical usage
was not part of the package, so Council is not entitled to base its decision on that
determination, then if they wish to rebid, they can do so with those issues in the new bid.
MOTION by Mr. Wright and SECOND by Mayor McPartlan to reject bids and put into
consideration of the new bid the electrical uses and trade -in values.
The City Manager said before Council rejects the bids it is best to table the matter and
let staff look into it, and if in their research they find EZ -GO is the better option, then at
that time reject the bids.
The City Attorney said they could table and then if they decide that these issues are a
factor, then Council can reject the current bids and rebid.
Mr. Hill said we are getting off -base, that the City Manager and his committee put
together the package and recommended Yamaha, and we are making a mess of this,
noting it may be marginal savings in electricity that is not provable, and a small savings.
The City Manager said the Golf Course electric costs are approximately $60K to $75K
per year. He changed his recommendation to table the item until the next meeting, let
staff do research on trade -in value and changing out of electricity.
Mr. Wright removed his motion, noting the trade -in value is also an important issue.
MOTION by Mr. Wright and Ms. Coy to table it.
Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed: 5-0
Item I - R-1 3 27 - FAA Grant - Airport Main Street Access Improvement
The Community Development Director briefly explained the delay on the bid specs for the
Main Street Access road improvement project and said that FAA notified them on Tuesday
that they were ready to move on the $600K grant.
The City Attorney read Resolution No. R-1 3 27 by title.
MOTION by Ms. Coy and SECOND by Mr. Adams to approve item 7.1.
Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed: 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.
13.076 A. Natural Resources Board
(City Clerk Transmittal, Application, Ad, Roster)
i. Interview Unless Waived, Submit Nominations for One Alternate Member
Position with a Term to Expire July 1, 2015
The City Clerk noted that George Millar was the only applicant for the alternate position.
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City Council briefly spoke to Mr. Millar. He was nominated by Ms. Coy and appointed by
consensus.
The City Clerk, on behalf of Deputy City Clerk, Jeanette Williams, asked for anyone
interested in serving on City board to contact the Deputy City Clerk at 388 -8215, citing
openings on most City boards.
9. PUBLIC HEARINGS -None
10. UNFINISHED BUSINESS
13.119 A. IRC Cell Tower Location - "Russell Tower" (City Manager Transmittal, P & Z
Reaort Will Be Provided Under Seaarate Cover)
The City Manager gave a brief update on Planning and Zoning Commission's
recommendation by a vote of 5-2 to send a letter to Indian River County Planning and
Zoning to object to the application, based on the City's code which would not allow this
type of tower in this location, and based on the County Code which requires
camouflaging, though not as a tree if the pole surpasses the standard height of trees,
and their decision to put a flag atop the pole.
Motion was begun, but the City Manager said a general consensus was sufficient. There
was consensus to send the letter of objection to IRC Planning and Zoning due to non-
compliance with both the City Code and County Code and that it would be an eyesore.
11. PUBLIC INPUT
Bruce Zingman invited everyone to the KIRB Coastal Cleanup on September 21St
starting at 9 am, in Sebastian along the riverfront.
12. NEW BUSINESS
13.128 A. Fertilizer Ordinance
First Reading of Ordinance No. 0-13-10 and Set Public Hearing for October
9, 2013 - Revising 0-12-06 to Restrict Fertilizing June 1 -September 30 (City
Attorney Transmittal, 0-13-10)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO ENVIRONMENTAL
REGULATION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
CHAPTER 50 "HEALTH AND SANITATION" BY PROVIDING AN AMENDMENT TO SECTION 50-
5 "FLORIDA-FRIENDLY FERTILIZER USE" BY AMENDING THE "PROHIBITED APPLICATION
PERIOD" TO PROHIBIT THE APPLICATION OF CERTAIN FERTILIZER BETWEEN JUNE 1 AND
SEPTEMBER 30 AND BY AMENDING SECTION 50-5 (h) REGULATING FERTILIZER CONTENT
AND APPLICATION RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
Mayor McPartlan said he would hear the presenters first and then allow public input with
a three minute limit. The City Attorney read the title for Ordinance No. 0-13-10.
Mayor McPartlan asked for civility, no applause and no booing.
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Presentation by Dr. Laurie Trenholm, Professor of Environmental Horticulture,
University of Florida
7:42 pm Dr. Laurie Trenholm, UFL, gave a power point presentation on an eight year FDEP
research project in 3 OF locations around the state regarding nutrient movement,
specifically nitrate and phosphorus leaching (see entire Power Point attached), and
related it to the proposed blackout period during the summer months. She said the
portion she was citing took place in Citra, a community north of Ocala.
PowerPoint Outline:
DEP Research - Nutrient Leaching
0$5 million grant to study nutrient leaching in lawn grasses
•Statewide project
*Apply nitrogen and phosphorus to lawngrasses under a wide variety of circumstances
*Completely funded by FDEP
Nitrogen Rate Study - Nitrate -1 Leaching from Floratam
Nitrogen Rate Study -Percent of Applied N Leached from Floratam
Nitrogen Source Leaching Study - Annual Load from Floratam 2008
Nitrogen Source Leaching Study - Annual Load from Floratam 2011
Research on Runoff
Dr. Trenholm said the studies conclude that fertilizer application is best during the
growing season, when grass is most actively growing and it has the largest need for
nutrients and the best ability to take up nutrients, and June through September is when
roots are at their maximum in terms of depth and density.
Ms. Coy said she had questions, and Mayor McPartlan said we would get to questions
after the two presentations.
Presentation by Chris Costello
Mr. Hill asked Ms. Costello's qualifications so it could be determined that there is no
bias, noting that Dr. Trenholm conducted her unbiased test for the University of Florida.
7:48 pm Chris Costello said she lives in Sarasota, works for the Sierra Club as a regional
organizer, and has worked on this fertilizer campaign since May 2007, and helps people
take action.
Ms. Coy asked if we can now talk about the previous speaker's affiliations and
relationships to where money for that research comes from.
Mayor McPartlan said we can do that during Council discussion.
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Ms. Costello had handed out a packet of information (see attachecl), and reviewed each
of the documents.
List of referenced documents:
1) list of all of the rainy season banned ordinances in the State —some up to six years
2) list of contact information for City and County staff, and elected officials, National
Estuary staff, Florida Stormwater Association and Florida League of Cities
3) pages 23 and 24 of the 2009 version of the Florida Yards and Neighborhoods
Manual published by IFAS — highlighted sections
She said 50 Florida County governments have banned rainy season fertilizer application
by codifying using the Florida Yards and Neighborhoods, said they did not use the FDEP
model ordinance which are the weakest standards of FL law.
4) Palmer Ranch Master Property Owners Association letter — Turf Management
Strategies responding to claim turf will suffer showing reduction in turf replacement
costs over several years
5) Herald Tribune Article Re: Sarasota Fertilizer Law — Testimony by Michael
Juchnowicz, Gardenmasters of Southwest Florida Inc.
6) Trenholm Research — Citra, FL — her contention that Sebastian is closer to the
southern zone and not in same zone as Citra
7) Florida hardiness zone map showing Trenholm Citra study and Cisar Research in Ft
Lauderdale
8) Trenholm conclusion on page 7 of article "Nitrate Leaching and Turf Quality in
Established 'Floratam' St. Augustinegrass and 'Empire' Zoysiagrass from the Journal
of Environmental Quality May 2011.
9) Ed Sherwood, Program Scientist, Tampa Bay Estuary Program email
10) Recent IFAS research — pages 74 99 — John Cisar research — cited pages 82 and
83 — (highlighted sections) regarding the blackout period and page 88 regarding
Fertilizer Blackout Study
She said there is zero proof that the ban affects jobs
11) Pinellas County Compliant Product List dated June 27, 2013 which lists products that
can be used during the banned season
12) FL Best Management Practices by Green Industries and published by IFAS
(highlighted sections)
She said the BMP Manual is the safest route, said the fertilizer training required is 70
minutes and the passing grade for the entire test is 75 %, and the DEP model does not
work.
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Mayor McPartlan called recess at 8:11 p.m. and reconvened the meeting at 8:24 p.m.
All members were present.
The following members of the public addressed City Council on the proposed ordinance
to amend the existing fertilizer ordinance to further restrict fertilizer use to ban nitrogen
and phosphorus application from June 1 to September 30.
8:25 pm In favor -Honey Minuse, Vero Beach, Indian River Neighborhood Association
Ms. Minuse's time was extended for one additional minute.
8:30 pm Opposed -Todd Josko, Tampa, Florida Turf Grass Association representative
Mr. Josko's time was extended for one additional minute.
8:35 pm In favor - Gerald Deredita, Sebastian, member of Natural Resources Board
8:37 pm Opposed -Erica Santella, Sorrento, Technical Manager for TruGreen's Florida Branches
- Senior Instructor for FDEP on the BMPs - Certified over 400 individuals
8:41 pm Opposed -Steve Conrad, Melbourne, Florida certified fertilizer applicator, Brevard
County business
8:43 pm Opposed -Steve Marini, Sebastian, General Manager for TruGreen in Vero Beach
8:44 pm Opposed - Mike DeAndrea, Sebastian
8:47 pm Opposed -John ? ?, Orlando, Horticulturist, Board Certified Entomologist
8:49 pm In favor - Frannie Southern, Sebastian
8:51 pm Opposed -Matt Volk, TruGreen Service Manager in Vero Beach, exhibited a photo of
roperly applied "ring of responsibility" adjacent to water, BMP Certified trainer for FDEP
8:52 pm In favor -Kathy Cheshire, Sebastian
8:54 pm Opposed -Craig Demengues, Branch Manager, Scotts Lawn Service, St. Lucie County
8:57 pm Opposed - Richard Battelle, Stuart, Regional Director, Scotts Lawn Service
8:59 pm In favor - Dr. Lisa Soto, Melbourne, Executive Director of the Marine Resources Council,
cited UCF research showing nitrogen in residential fertilizer and septic impact
devastating to water quality - recommended adoption of seasonal restriction June 1-
September 30, 50% slow release nitrogen, no phosphorus application without soil test,
10-15 foot application setback
9:03 pm In favor -Judy Orcutt, Vero Beach, Indian River Lagoon Coalition representative -
provided copy of the Sebastian resolution joining the coalition of 136 organizations (see
attacheco
9:06 pm In favor -John Orcutt, Indian River Shores, Indian River Lagoon Coalition, Masters and
PhD in Aquatic Ecology - studies seagrass losses in IRC Lagoon -cited Cisar study and
National Estuary Program training
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9:09 pm In favor - Richard Baker, President of Pelican Island Audubon Society, no peer review
papers showing the ban is harmful
Mr. Baker's time was extended for one additional minute.
9:14 pm In favor -Bob Bruce, property owner in Sebastian
Council Discussion
Mr. Wright said all members of Council are concerned about the health of the lagoon
and about jobs, and property values. He said he had tried to fertilize his own yard, then
hired TruGreen, and now has a perfect lawn. He asked TruGreen what they apply and
when and what had to change in their application if a seasonal ban was implemented.
Erica Santella, restated her background in agronomy, TruGreen for 30+ years, writes
programs for the State and responded to questions from Council. She said during the
blackout period nitrogen would be applied in May whenever possible and then again
after the blackout period as time allows. She said typically because grasses take up
nutrients during the summer months, applicators put out lower levels of nitrogen in the
dormant months, and now because of the blackouts they have to apply higher levels
during that period. She said during the blackout period they can apply potassium, iron,
manganese, magnesium, and but nothing is going to replace nitrogen. She said as an
industry they have not used phosphorus since 2000 unless soil testing shows it is
needed.
Ms. Coy read various passages from the BMP which provide for using alternate nutrients
such as iron FE and manganese instead of nitrogen to enhance color, especially during
periods of heavy rainfall. Ms. Santella said the key word is enhancement and you have
to use the BMP in its entirety and cannot take one sentence out of context. She said
there are BMPs for all types of situations, and that the BMP does not support a blackout
period. Ms. Coy said heavy rainfall situations can occur anytime during this season. Ms.
Santella said that the first page of the BMP talks about the value of turf grass, which has
a job to do to prevent soil erosion. Ms. Coy said she read the manual and has viewed
the website, and watched Dr. Trenholm videos on her study. She said the contention
that grass will die without nitrogen doesn't apply to her lawn, noting she would bet there
are more residents who don't fertilize than do fertilize. She said all we are asking for is a
reasonable ban during the rainy season in accordance with the BMPs. Ms. Santella said
the law requires the City obtain input on a more stringent code from DEP, UFL and
Department of Agriculture, and time after time those three agencies advise the ban is not
deemed appropriate.
Ms. Coy said it would just be easier to say don't fertilize in the rainy season, for four
months. Ms. Santella said the Florida Yards and Neighbors Manual is for the resident
and the BMP is for professionals. Ms. Coy asked why the pre and post tests were the
same for certification and said she was not impressed and it should be changed. Ms.
Santella said IFAS and DEP were adamant they should be the same, and said BMP
training is offered to anyone who wants to take it.
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Mr. Hill thanked Ms. Santella for coming and for her professional answers about the
science, asked her if the addition of iron adds overall vigor to the turf or color, and Ms.
Santella said color. Mr. Hill clarified that iron does not add energy to the plant and that
healthy turf grass is a greater filter and Ms. Santella said that was correct.
Mayor McPartlan asked her to leave her contact information with the City Manager.
Ms. Coy asked Ms. Costello to come to the podium. Ms. Coy said Ms. Costello
referenced enforcement and asked how it works in other communities. Ms. Costello said
most fertilizer enforcement is done more by education, and likened it to how the seatbelt
law changed our culture. In Sarasota, enforcement officers hand out warnings first, and
the banned season is advertised each year. She encouraged everyone to go online and
google "Be Floridian" an educational tool of the Tampa Bay Estuary Program. She said
Tampa Bay is healthier than it has ever been and sea grass is better than at 1950 levels.
She said in Sarasota which has a ban in place for six years, she uses GardenMasters, a
sustainable landscaper who follows the ordinance, on her own lawn and her lawn is fine.
She said if you use a slow release nitrogen throughout the year with the ban your lawn is
being fed during those four months so you are not starving your lawn.
Mayor McPartlan cited the Florida Yards and Neighborhoods Manual provided by Ms.
Costello and according to her used by IFAS. She stated this is what the 50 local
governments used to codify their ordinances. Mayor McPartlan continued reading from
the text which indicates fertilizers are a powerful tool if used correctly, using slow release
fertilizer, little or no phosphorus, keep off hard surfaces, never fertilize within ten feet of
water bodies, and do not fertilize if heavy rains if forecast in next 24 hours. He said these
are the things the turf professionals are talking about. He continued that it said to fertilize
only when grass is growing. Ms. Costello said the growing season is much longer in this
part of the State than four months, generally March to November, longer in South
Florida. She said the FDEP model extracts the weakest parts of the BMP manual, and is
not a direct reflection of the BMP model.
Mr. Hill called Laura Trenholm to the podium. He said it was important to note she is the
only one who provided Council with real science and asked her if she wanted to respond
to anyone who tried to discredit her research.
Dr. Trenholm responded to the question about iron and manganese and pointed out they
are used in high PH soils, said the FYN manual is for homeowners, has the same
information as in the BMP but may be watered down a little bit. Ms. Coy asked if the
BMP is more technical and Dr. Trenholm said the message is the same, but delivering it
to different parties.
Mr. Hill asked Dr. Trenholm if she went into her eight year study with a desire to find
results on either side, and she responded no and explained they hoped to determine if
the BMP manual put out one year prior with recommended rates was actually correct,
and it was found the rates were appropriate for both not inducing environmental
impairment and for maintaining good quality healthy turf, with emphasis on maintaining a
healthy stand of grass because grass holds the soil in place, directs stormwater runoff
and filters, and provides needed nutrients. She said grasses not being fertilized are
getting nutrients from somewhere.
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Mr. Hill clarified the study showed in St. Augustine grass properly fertilized with proper
rates using BMPs in summer months is shown to leach less nitrogen than fertilizing
using BMPs in the winter months. Dr. Trenholm said it depends on where you are in the
State, in South Florida plants do not go into a dormancy, but as we move north we see a
dormant period and that is when you do not to fertilize. She said during the summer
months we see the least amount of leaching. She said the grass goes semi - dormant in
this area. Mr. Hill concluded that turf grass is aggressively growing in Indian River
County in the summer months which means it would be more aggressively up -taking the
nutrients during that period and she concurred.
Ms. Coy said Dr. Trenholm's experience was with turf grass, and the test area was north
of Ocala, and asked what bodies of water are nearby. Dr. Trenholm said there are
several but the study collected leachee from installed in -ground trenches. Ms. Coy said
she is concerned about runoff into the Indian River Lagoon, that data and charts mean
nothing to most people when we have a dead lagoon. She read from the BMP that
advises not to fertilizer before a heavy rainfall. Dr. Trenholm said if we fertilize and we
irrigate properly, the majority will get to the root zone, though by default there will be
some particulates, particularly with slow release, you may still have some particulate that
may leach. She said we do not want to be out fertilizing when there are heavy rains
forecast. Ms. Coy asked if there were any control lawns with no fertilizer used. Dr.
Trenholm said there were controls, and there was no significant difference between
those plots and those that used fertilizer.
Ms. Coy said there is atmospheric nitrogen present and asked why a ban for four
months is unreasonable and still have a healthy lawn. She said maybe we need to
understand that our lawns will not be perfect if we want the lagoon. She said a person
will not drink a glass of fertilizer because it is not healthy so why would we put it on our
lawns. Dr. Trenholm said nitrogen and phosphorus are necessary for plant growth or the
plant will ultimately die.
Ms. Coy said phosphorus is endemic to our lawns and asked why we need it. Dr.
Trenholm said that is true and typically it is not used but lawns vary and some are
deficient in phosphorus.
Mr. Hill reiterated that the eight year study funded by FDEP shows more leaching of
nitrogen and phosphorus during the winter months than in the summer. He said testing
soil for phosphorus is already part of our current law.
Mr. Adams asked if any tests have been done in Sebastian or any plans for tests. Dr.
Trenholm said to do a research experiment you need to have a facility with rigid controls,
so they use only the OF properties, which are limited to four across the State.
MOTION by Ms. Coy and SECOND by Mr. Wright to extend the meeting thirty minutes.
There was no vote but no objections were heard.
Mr. Adams asked if IFAS had a facility in St. Lucie County. Dr. Trenholm said each
county has an extension office, and funding needed was the biggest issue to conduct the
studies.
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Mr. Adams said he would have been more comfortable if he had seen research in our
area, this is a lot to digest, and a decision not taken lightly, there are so many conflicting
reports, and offered a compromise to require use of 50% slow release nitrogen for a
year and do some measurements and see if anything has changed.
Mayor McPartlan thanked Dr. Trenholm for coming to Sebastian, recalled we talked to
the Natural Resources Board about providing education to the public, that local students
were energized on the subject, and we need to move forward with further education on
BMPs and base it on facts and science.
Mr. Wright read from FS 403.9335 which provides for scientific documentation from
specified agencies for adoption of more stringent language that deviates from the Florida
model ordinance, and such documentation must become part of the record prior to
adoption. He asked the City Attorney if we meet those requirements.
The City Attorney responded that we have a lot of information from a lot of different
sources and that documentation has to go to Council and be part of the record prior to
adoption of an ordinance at the second reading.
Mr. Wright said he would like to see what we have before Council has a vote on it. He
asked the City Attorney if he had looked at the materials. The City Attorney said he had
read most of it, though not all, but it is Council that needs to read it. Mr. Wright asked if
the material meets the State standards.
The City Attorney said it looks like a difference of opinion. He said the Florida analysis
uses others' studies and pulls them altogether and analyzes them, and again said he
thinks there is a difference of opinion among the scientists, which is not unusual, and
Council will have to make a judgment call on the information provided. He said he is not
qualified to evaluate the scientific analysis.
Mr. Wright asked what happened to the Golf Course and sport fields in our ordinance.
The City Attorney said the County ordinance has six exemptions including three that
were not included in the City ordinance, which Council could include if it wished.
Mr. Wright said he was concerned about the heavy use of those facilities.
MOTION by Ms. Coy and SECOND by Mr. Wright to approve the first reading of
Ordinance No. 0-13-10 and set public hearing for October 9, 2013.
Mr. Hill said we have heard a lot of information tonight, and respects the passion on both
sides of the issue to save our lagoon which we all agree on, that the FDEP has put
together an ordinance to help us do that, we have adopted that ordinance with BMPs
already in there. He said there is no test telling us how much fertilizer is going from
Sebastian or any of our rivers to the lagoon, and whether the problem is from nitrogen or
septic. He said the City is working hard on stormwater, was the first to adopt the model
ordinance and is working on funding assistance for septic hookups. He said the science
presented tonight says if we do not fertilize in the summer and try to get the same
amount during winter months you'll get more leaching.
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13
14
15
16
Ms. Coy said there was an earlier implication that only certain science was legitimate,
and took offense to that, noting there is more than one set of research that has been
presented, the City Attorney stated there is conflicting research, and what is left is
common sense. She said while fertilizer may not be the number one issue, it certainly
has a negative impact on the lagoon, this could be a first step and she was asking
people to use common sense and don't put it down in the rainy season. She said the
County just packed a more restrictive ordinance and what sense does it make not to do
the same.
She said the common sense was based on the BMPs and not fertilizing during heavy
rain, that there are fertilizers that can be used during the ban that don't use nitrogen and
phosphorus. She asked that the ordinance be brought back for second reading, noting
the County sent a letter today and asked us to pass the ordinance and we need to work
together and match their regulation.
Mr. Adams reiterated he would have preferred local studies to provide a basis for the
decision to be made, but nothing he had seen convinces him fertilizer is affecting the
lagoon, and again offered the 50% slow release nitrogen fertilizer for one year and
tracking it.
Mr. Wright said he had not seen the science that supports a blackout period, but is very
concerned with the lagoon, did not see a lot of Sebastian residents here tonight, and
suggested a forum for Sebastian people to identify our problems and how we go about
fixing them. He said we need more research, remediation, restoration and regulations,
because those in place for the last twenty years don't work, and we have not given our
ordinance a chance to work. He said he did not think the problem was being caused by
the commercial applicators, noted there are problems from St. Sebastian River
particulates that block out the sunlight and kill seagrass, cited septic tanks adjacent to
water bodies, for which the City is funding $100K to offer grants for hook -up, said we
need our own Kilroy near the St. Sebastian River area, which we may be able to
purchase with grants according to Troy Rice. At 10:29:44 Mayor McPartlan noted time
was running out, and Mr. Wright requested an opportunity to wrap it up by saying we
have the ability to look at our own problems to clean up the lagoon.
Mayor McPartlan asked if Council wanted a roll call. Ms. Coy said we are done, time is
up. Mr. Hill asked to call the roll. Mayor McPartlan requested the Clerk to call the roll.
Roll Call: Ayes: Coy Nays: McPartlan, Wright, Adams, Hill Failed: 1-4
Mayor McPartlan adjourned the Regular Meeting at 10:30:45. The following agenda
items were not addressed due to lack of time.
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
CITY CLERK MATTERS
CITY COUNCIL MATTERS
A. Council Member Adams
B. Council Member Coy
C. Council Member Hill
D. Mayor McPartlan
E. Vice Mayor Wright
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Approved at the September 25, 2013 Regular Council Meeting.
By:
Bob McPartlan, Mayor
Attest.,
Sally A. Maio, MMC, City Clerk
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L11Y LX
HOME OF PELICAN ISLAND
SEBASTIAN SPECIAL CITY COUNCIL MEETING
1sT BUDGET HEARING
MINUTES
MONDAY, SEPTEMBER 16, 2013 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor McPartlan called the Regular Meeting to order at 6 p.m.
2. The Pledge of Allegiance was recited.
3. 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, AI Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Administrative Services Director, Debra Krueger
Finance Director, Ken Killgore
Police Chief, Michelle Morris
MIS Systems Analyst, Rob Messersmith
4. 1ST PUBLIC HEARING AND ADOPTION OF PROPOSED MILLAGE AND TENTATIVE
FY 2013/2014 BUDGET
A. City Manager Announcement of Proposed Millage of 3.7166 Mills, which is
.62% less than the Rolled -back Rate of 3.7398 and Budaet Overview
The City Attorney read Resolution Nos. R-1 3 20 and R-1 3 21 by title only.
The City Manager announced that the proposed millage rate of 3.7166 mills, is .62%
lower than the rolled -back rate of 3.7398 mills.
He then gave a brief overview of the proposed budget, noting there would be no Power
Point presentation, that the budget was essentially the same as Council reviewed at its
August workshop. He said there was a $212K surplus at the August workshop and
Council had directed staff to rejuvenate employee benefits and try to end furlough days,
and to negotiate with the two City unions in that manner. He said a tentative agreement
has been reached with PBA and PEA for two three year agreements with year one no
COLA and no merit increase but eliminate furlough days which is a 4.6% increase to the
City, year two a 3% COLA for all employees and year three no change. He said both
24 of 147
Special City Council Meeting Minutes
September 16, 2013
Page Two
unions will meet to vote on the agreements on September 17 and 18, and if approved
the collective bargaining agreements will come back to Council for ratification on
September 25.
He said the tentative budget is changed to reflect those agreements so staff had to come
up with $65K additional dollars which brings the budget up to $10.6M. He said staff
recommends that the additional funds come from the Building Department enterprise
funds which they have "borrowed" from the general fund for the last five years, for a total
of just under $500K. He said staff balanced the budget by financial accounting and
Council will have to pass a resolution that reflects that modification.
The City Manager noted staff has modified the lease amount from the Golf Course Fund
to Airport Fund, all other funds are pretty much as Council saw them, with the exception
of subtle changes in recreational impact fees with a shift of $15K.
He recommended approval of R-13-20 and R-13-21.
B. Mayor Opens Public Hearing on Proposed Millage and Tentative Budget
No one from the audience requested to provide input.
C. Adopt Resolution No. R-1 3 20 - Proposed Millage Rate for Calendar Year 2013
- Final Public Hearing and Final Adoption Scheduled for 9/25/13 (Administrative
Services Transmittal. R-13-20)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING
A PROPOSED MILLAGE RATE OF 3.7166 MILLS FOR THE CALENDAR YEAR 2013;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION by Mr. Hill and SECOND by Mr. Wright to adopt Resolution No. R-13-20.
Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5-0
D. Adopt Resolution No. R-1 3 21 - Fiscal Year 2013/2014 Tentative Budget
(Administrative Services Transmittal. R-13-21)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, ADOPTING THE TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014; MAKING APPROPRIATIONS FOR
THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE
PRINCIPAL AND INTEREST PAYMENTS ON THE BONDS AND OTHER INDEBTEDNESS OF
THE CITY IN THE CITY'S GENERAL FUND, CAPITAL IMPROVEMENT FUNDS, DEBT
SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND,
AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A ", ATTACHED
HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE
BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
MOTION by Ms. Coy and SECOND by Mr. Wright to adopt Resolution No. R-13-21.
Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed 5-0
2
25 of 147
Special City Council Meeting Minutes
September 16, 2013
Page Three
E. Announce Final Public Hearing on Millage and Budget to be held on Wednesday,
September 25, 2013 at 6:30 p.m.
Mayor McPartlan announced the final public hearing on the millage and budget on
September 25, 2013 at 6:30 pm.
Mr. Hill wished Vice Mayor Wright a happy birthday and the others did as well.
Mayor McPartlan asked if anyone on Council wanted to volunteer to "Walk a Mile in Her
Shoes" for SafeSpace and they would get shoes for them.
Mr. Adams volunteered, the City Manager said he would look into it and the City
Attorney said he was walking again this year and had his own shoes.
5. Being no further business, Mayor McPartlan adjourned the Special meeting at 6:13 p.m.
Approved at the September 25, 2013 Regular Council Meeting.
By:
Bob McPartlan, Mayor
Attest:
Sally A. Maio, MMC, City Clerk
3
26 of 147
an or
513ASTYL14
Z Z-
ti.
HOME OF f--�
ISLAND
City of Sebastian, Florida
SUMMARY
In accordance with Florida Statute 200.065 (7)(a)(1.), a proposed millage tax rate for calendar
year 2013 and for the budget year beginning October 1, 2013 and ending September 30, 2014, was
adopted by City Council on September 16, 2013.
The tentatively adopted millage tax rate of THREE POINT SEVEN ONE SIX SIX (3.7166)
MILLS is .62% lower than the "rolled- back" tax rate of 3.7398 mills and will provide sufficient
operating revenue for the proposed budget for fiscal year 2013/2014.
There have been no changes from the tentatively adopted millage tax rate to the final millage rate
presented to the Council tonight for final adoption.
RECOMMENDED ACTION
Move to adopt Resolution R -13 -22 establishing the millage tax rate of 3.7166 mills for calendar
year 2013.
27 of 147
Agenda No. qA ii a) /50/0
Subject: Resolution No. R -13 -22
Adoption of Millage Rate for Calendar Year
Department Origin:
2013.
Administrative Services
Reviewed By:
4AIr, r Submittal by:
City Attorney:
City Clerk:
ity Manager
Date Submitted: September 17, 2013
For Agenda of. September 25, 2013
Exhibits:
➢ Resolution No. R -13 -22
EXPENDITURE
AMOUNT BUDGETED:
APPROPRIATION
REQUIRED: N/A
N/A
REQUIRED: N/A
SUMMARY
In accordance with Florida Statute 200.065 (7)(a)(1.), a proposed millage tax rate for calendar
year 2013 and for the budget year beginning October 1, 2013 and ending September 30, 2014, was
adopted by City Council on September 16, 2013.
The tentatively adopted millage tax rate of THREE POINT SEVEN ONE SIX SIX (3.7166)
MILLS is .62% lower than the "rolled- back" tax rate of 3.7398 mills and will provide sufficient
operating revenue for the proposed budget for fiscal year 2013/2014.
There have been no changes from the tentatively adopted millage tax rate to the final millage rate
presented to the Council tonight for final adoption.
RECOMMENDED ACTION
Move to adopt Resolution R -13 -22 establishing the millage tax rate of 3.7166 mills for calendar
year 2013.
27 of 147
RESOLUTION NO. R -13 -22
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE
OF 3.7166 MILLS FOR THE CALENDAR YEAR 2013 AND
ALLOCATING SAME TO THE FISCAL YEAR BEGINNING
OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. MILLAGE RATE LEVY. There is hereby Levied an Ad
Valorem Tax of THREE POINT SEVEN ONE SIX SIX (3.7166) MILLS against all real
and tangible personal property for the calendar year (January 1, 2013 through December
31, 2013) and the resulting tax revenue is hereby appropriated for the General Operating
Fund of the City of Sebastian for the fiscal year beginning October, 1, 2013 and ending
September 30, 2014.
Section 2. ROLLED -BACK RATE. The tax rate established in Section 1.
is .62% lower than the computed "rolled- back" tax rate of 3.7398 mills.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 4. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
into a vote, the vote was as follows:
Mayor Bob McPartlan
Vice -Mayor Don Wright
Councilmember Andrea B. Coy
Councilmember Jim Hill
Councilmember Jerome Adams
and, upon being put
28 of 147
The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of
September 2013.
ATTEST:
Sally A. Maio, MMC City Clerk
CITY OF SEBASTIAN, FLORIDA
LE
Bob McPartlan, Mayor
Approved as to form and legality for the
reliance by the City of Sebastian only:
Robert Ginsburg, City Attorney
29 of 147
CM OF
HOME OF PELICAN ISLAND
Citv of Sebastian. Florida
SUMMARY
In accordance with Florida Statute 200.065, a tentative budget for the fiscal year 2013/2014,
beginning October 1, 2013 and ending September 30, 2014, was presented to the City Council on
September 16, 2013. The tentative budget was amended by the City Council during that meeting.
Subsequent to the adoption of the tentative budget with amendments, Schedule "A" of Resolution
R -13 -23 specifying the amounts to be appropriated has been modified. Also attached are the key
pages from the Budget Document that are affected.
The change is being made to increase the transfers from the Discretionary Sales Tax Fund to the
Capital Project Funds for the Fish House Improvements project from $200,000 to $325,000.
RECOMMENDED ACTION
Move to adopt Resolution R -13 -23 establishing the budget for fiscal year 2013/2014 — as amended
to add $125,000 to the Fish House Improvements project.
30 of 147
Agenda No. I O
Subject: Resolution R -13 -23
Adoption of a Budget for Fiscal Year
Department Origin: ��
Administrative
2013/2014
Services
Reviewed By:
Ap rov for Submittal by:
0
City Attorney:
1.1
City Clerk:
r, City Manager
Date Submitted: September 17, 2013
For Agenda of: September 25, 2013
Exhibits:
• Resolution R -13 -23
• Schedule "A"
• Key Budget Document Pages that Changed
EXPENDITURE
AMOUNT BUDGETED:
APPROPRIATION
REQUIRED: N/A
N/A
REQUIRED: N/A
SUMMARY
In accordance with Florida Statute 200.065, a tentative budget for the fiscal year 2013/2014,
beginning October 1, 2013 and ending September 30, 2014, was presented to the City Council on
September 16, 2013. The tentative budget was amended by the City Council during that meeting.
Subsequent to the adoption of the tentative budget with amendments, Schedule "A" of Resolution
R -13 -23 specifying the amounts to be appropriated has been modified. Also attached are the key
pages from the Budget Document that are affected.
The change is being made to increase the transfers from the Discretionary Sales Tax Fund to the
Capital Project Funds for the Fish House Improvements project from $200,000 to $325,000.
RECOMMENDED ACTION
Move to adopt Resolution R -13 -23 establishing the budget for fiscal year 2013/2014 — as amended
to add $125,000 to the Fish House Improvements project.
30 of 147
RESOLUTION NO. R -13 -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013
AND ENDING SEPTEMBER 30,2014; MAKING APPROPRIATIONS
FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL
EXPENSES, AND FOR THE PRINCIPAL AND INTEREST
PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE
CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE
FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS,
GOLF COURSE FUND, AIRPORT FUND, AND BUILDING
DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A ",
ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE
CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted a Proposed Budget for the City of
Sebastian for the fiscal year beginning October 1, 2013, and ending September 30, 2014;
and
WHEREAS, on September 16 and September 25, 2013, the City Council conducted
Public Hearings on the Proposed Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The City Manager's Proposed Budget is hereby adopted for the Fiscal
Year beginning October 1, 2013 and ending September 30, 2014.
Section 2. The amounts shown on the attached Schedule "A" are hereby appropriated
out of the Treasury of the City, including any revenues accruing to the City available for
purposes of the City's budgetary accounts.
Section 3. The City Manager is hereby authorized and directed to proceed with the
implementation of the service programs and projects provided for in the budget. Such
implementation is to be consistent with the provisions of the City Code of Ordinances and
policies established by the City Council.
Section 4. The City Manager is authorized to make budget adjustments within
budgetary accounts, as he deems appropriate. He is further authorized to make budget
adjustments between budgetary accounts when necessary to implement programs,
projects, and expenditures authorized by the City Council. All other budgetary
adjustments will require prior approval by the City Council.
31 of 147
Section 5. If any clause, section, or other parts of this Resolution shall be held by any
Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the
other provisions of this Resolution.
Section 6. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 7. This Resolution shall become effective October 1, 2013.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put
into a vote, the vote was as follows:
Mayor Bob McPartlan
Vice -Mayor Don Wright
Councilmember Andrea Coy
Councilmember Jim Hill
Councilmember Jerome Adams
The Mayor thereupon declared this Resolution duly passed and adopted this 25h day of
September, 2013
LOIR
ATTEST:
Sally A. Maio, MMC City Clerk
CITY OF SEBASTIAN, FLORIDA
Bob McPartlan, Mayor
Approved as to form and legality for the
reliance by the City of Sebastian only:
Robert Ginsburg, City Attorney
32 of 147
ATTACHMENT TO RESOLUTION R -13 -21
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2013/2014
33 of 147
GENERAL FUND
REVENUES:
001501
Taxes and franchise fees
$
6,578,240
001501
Licenses and permits
149,050
001501
Intergovernmental
2,048,300
001501
Charges for services
373,556
001501
Fines and forfeits
65,400
001501
Miscellaneous
214,850
001501
Transfers in
630,748
Total Revenues
$
10,060,144
EXPENDITURES:
010001
City Council
$
53,724
010005
City Manager
238,389
010009
City Clerk
286,600
010010
City Attorney
102,270
010020
Administrative Services
503,521
010021
Management Information System
225,341
010041
Police Administration
634,481
010043
Police Operations
2,361,717
010047
Police Detective Division
700,568
010049
Police Dispatch Unit
546,579
010045
Code Enforcement Division
168,792
010052
Roads and Maintenance
794,114
010053
Stormwater Utility
1,009,528
010054
Fleet Management
215,996
010056
Facilities Maintenance
275,508
010057
Parks and Recreation
914,080
010059
Cemetery
176,132
010080
Planning and Zoning
195,222
010099
Non - departmental
657,582
Total Expenditures
$
10,060,144
33 of 147
ATTACHMENT TO RESOLUTION R -13 -21
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2013/2014
SPECIAL REVENUE FUNDS
2 34 of 147
LOCAL OPTION GAS TAX FUND
120010
REVENUES
Taxes
$
544,000
Miscellaneous
11,130
Appropriation from prior year
10,611
Total Revenues
$
565,741
120051
EXPENDITURES
Operating
$
208,000
Debt service
242,741
Transfers out
115,000
Total Expenditures
$
565,741
DISCRETIONARY SALES TAX FUND
130010
REVENUES
Taxes
$
2,596,325
Miscellaneous
27,658
Total Revenues
$
2,623,983
130051
EXPENDITURES
Transfers out
$
2,595,493
Unappropriated
28,490
Total Expenditures
$
2,623,983
RECREATION IMPACT FEE FUND
160010
REVENUES
Impact fee
$
35,000
Miscellaneous
1,569
Restricted cash balance carryforward
53,431
Total Revenues
$
90,000
160051
EXPENDITURES
Transfers out
$
90,000
Total Expenditures
$
90,000
STORMWATER UTILITY FUND
163010
REVENUES
Stormwater utility fee
$
977,788
Miscellaneous
5,933
Restricted cash balance carryforward
76,099
Total Revenues
$
1,059,820
163051
EXPENDITURES
Operating
$
25,100
Transfers out
1,034,720
Total Expenditures
$
1,059,820
2 34 of 147
ATTACHMENT TO RESOLUTION R -13 -21
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2013/2014
SPECIAL REVENUE FUNDS - CONTINUED
PARKING IN- LIEU -OF FEE FUND
190010
REVENUES
Miscellaneous
$
13,861
Total Revenues
$
13,861
190051
EXPENDITURES
Unappropriated
$
13,861
Total Expenditures
$
13,861
LAW ENFORCEMENT FORFEITURE FUND
190010
REVENUES
Fines and forfeits
$
8,000
Miscellaneous
2,185
Total Revenues
$
10,185
190051
EXPENDITURES
Unappropriated
10,185
Total Expenditures
$
10,185
COMMUNITY REDEVELOPMENT AGENCY FUND
163010
REVENUES
Tax Increment - Sebastian
$
144,856
Tax Increment - Indian River County
120,610
Miscellaneous
1,936
Restricted cash balance carryforward
80,093
Total Revenues
$
347,495
163051
EXPENDITURES
Operating
$
157,495
Grants and Aids
130,000
Transfers out
60,000
Total Expenditures
$
347,495
DEBT SERVICE FUNDS
DISCRETIONARY SALES SURTAX REVENUE BONDS
230010
REVENUES
Miscellaneous
$
4,966
Transfers in
1,012,493
Total Revenues
$
1,017,459
230051
EXPENDITURES
Operating
$
300
Debt service
1,016,644
Reserve
$
515
Total Expenditures
$
1,017,459
STORMWATER UTILITY REVENUE BONDS
263010
REVENUES
Miscellaneous
$
171
Transfers in
441,720
Restricted cash balance carryforward
599
Total Revenues
$
442,490
263051
EXPENDITURES
Debt service
$
442,490
Total Expenditures
$
442,490
3
35 of 147
ATTACHMENT TO RESOLUTION R -13 -21
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2013/2014
CAPITAL PROJECTS FUNDS
REVENUES
Transfer from Discretionary Sales Tax fund $ 1,583,000
Transfer from Local Option Gas Tax fund 115,000
Transfer from Recreation Impact Fee Fund 90,000
Transfer from Stormwater Fund 93,000
Transfer from Golf Course Fund 15,000
Grants /Bank Note 996,000
Total Revenues $ 2,892,000
EXPENDITURES
Transportation $ 1,591,000
Recreation facilities projects 90,000
Stormwater Improvements /Physical Environment 688,000
Public Safety 218,000
Economic Environment 20,000
General Government 285,000
Total Expenditures $ 2,892,000
ENTERPRISE FUNDS
GOLF COURSE FUND
410010 REVENUES:
Charges for services $ 1,342,660
Miscellaneous revenues 34,400
Bank Note Proceeds 299,050
Total Revenues $ 1,676,110
EXPENSES:
GOLF COURSE ADMINISTRATION
410110 Personal services $ 226,359
Operating expenses 324,016
Transfer to Golf Course Capital Fund 51,740
Total Administration $ 602,115
GOLF COURSE GREEN DIVISION
410120 Operating expenses $ 580,115
Debt Service on Bank Note 20,011
Total Golf Course Green Division $ 600,126
GOLF COURSE CARTS DIVISION
410130 Personal services $ 77,043
Operating expenses 5,700
Capital 333,450
Debt Service on Bank Note 57,676
Total Golf Course Carts Division $ 473,869
Total Golf Course Expenses $ 1,676,110
4 36 of 147
ATTACHMENT TO RESOLUTION R -13 -21
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2013/2014
AIRPORT FUND
450010 REVENUES
Charges for services $ 434,859
Miscellaneous revenues 8,377
Total Revenues $ 443,236
450110 EXPENSES:
Personal services $ 169,451
Operating expenses 253,760
Debt service 20,025
Total Expenses $ 443,236
BUILDING DEPARTMENT
480010 REVENUES
Charges for services $ 555,750
Miscellaneous revenues 2,250
Total Revenues $ 558,000
480110 EXPENSES:
Personal services
$ 381,352
Operating expenses
83,515
Transfer to General Fund
65,110
Unappropriated
28,023
Total Expenses
$ 558,000
TOTAL BUDGET SUMMARY
GENERAL FUND $ 10,060,144
SPECIAL REVENUE FUNDS 4,711,085
DEBT SERVICE FUNDS 1,459,949
CAPITAL PROJECT FUNDS 2,892,000
ENTERPRISE FUNDS 2,677,346
TOTAL BUDGET FOR ALL FUNDS $ 21,800,524
5 37 of 147
Citv of Sebastian. Florida
Subject: Approval of the Six -Year Capital
Agenda No. 9�i /i G� /3.0/0
Improvement Program for the Fiscal Years
2014 -2019
Department Origin:
Administrative Services
Ap ove or Submittal by: City Manager
°
City Attorney:
i , City Manager
City Clerk: _
Date Submitted: September 17, 2013
For Agenda of. September 25, 2013
Exhibits:
• Resolution No. R -13 -24
• Proposed Six -Year Capital Improvement Program for Fiscal Year 2014 -2019
• Summary Page for the Capital Improvement Program
SUMMARY
Along with the adoption of the City's Operating Budget for FY 2013 -2014, the City Manager in
coordination with key personnel in each Department/Division prepared a Six -Year Capital
Improvement Program for FY 2014 -2019. The Capital Improvement Program was previously
presented to the City Council, Planning Board and Citizen's Budget Advisory Committee. Plus, the
Parks and Recreation Advisory Board reviewed and commented on projects related to park and
recreation facilities.
The entire proposed Capital Improvement Program is incorporated as a section of the Annual
Budget document, beginning on page 177. Projections for the major Special Revenue Funds that
provide the majority of funding for most of the City's capital projects are also incorporated in the
Annual Budget document, beginning on page 212. These documents have been updated and posted
on the City's website as we progressed through the budget preparation process.
RECOMMENDATION
Move to approve Resolution No. R -13 -24 and the Six -Year Capital Improvement Program for
Fiscal Years 2014 -2019.
38 of 147
RESOLUTION NO. R -13 -24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
ADOPTING A SIX -YEAR CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEARS ENDING 2014 -2019;
PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida finds that it is
in the best interest of its citizens and taxpayers to provide for financial planning;
and
WHEREAS, a detailed capital budget is necessary for the proper annual
operation of the City and its desired capital program;
WHEREAS, the Six -Year Capital Improvement Program has been reviewed
by both the City Council and the City Planning Zoning Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as
follows:
Section 1. The Six -Year Capital Improvement Program for Fiscal Years
Ending 2014 -2019 for the City of Sebastian is attached hereto.
Section 2. All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed.
Section 3. This Resolution shall take effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Bob McPartlan
Vice -Mayor Don Wright
Councilmember Andrea B. Coy
Councilmember Jim Hill
Councilmember Jerome Adams
39 of 147
The Mayor thereupon declared this Resolution duly passed and adopted this 25th
day of September, 2013
FLORIDA
ATTEST:
Sally A. Maio, MMC City Clerk
CITY OF SEBASTIAN,
Bob McPartlan, Mayor
Approved as to form and legality
for the reliance by the City of
Sebastian only:
Robert Ginsburg, City Attorney
40 of 147
CITY OF SEBASTIAN, FLORIDA 2013/2014 ANNUAL BUDGET
SCHEDULE SIX
SIX YEAR SCHEDULE OF CAPITAL OUTLAY REQUESTS
List of Projects
FY 2013 -14
FY 2014 -15
FY 2015 -16
FY 2016 -17
FY 2017 -18 FY 2018 -19
General Government
25,000
25,000
-
-
-
Computer Systems Overhaul
250,000
-
-
-
- -
Computer Systems Upgrades
-
86,000
60,000
60,000
60,000 60,000
Roof Repairs
-
75,000
-
-
- -
Paint City Hall
-
45,000
-
-
-
Police Station Air Conditioner
-
-
30,000
-
- -
FDLE Computer Firewall
-
5,000
-
5,000
- 5,000
Diesel Fuel Tank
35,000
-
-
-
- -
Police Department
-
-
-
-
-
Police Vehicles and Equipment
218,000
286,000
285,000
290,000
286,000 395,000
Police - Public Parking
-
50 000
-
-
- -
Roads and Special Projects
Public Works Equipment
Sidewalk Repairs
Sidewalk Construction
512 Median Landscaping
Barber Street Bridge Repairs
Street Repaving
Tulip Drive
Barber Street Realignment
Indian River Drive Light Poles
Road Striping
Parks & Recreation
Community Center Needs Analysis
Tennis Wall /Raquet Ball Court
Skate Park Rebuild
Equipment Building
Batting Cage/Dugouts
Baseball Field Lighting
Mooring Fields
Stormwater
Stormwater Equipment
1/4 Swale Improvements
Pipe Sliplining
Stormwater Pond Installation
Road Crossings /Sideyard Pipes
Bevan Ditch Piping
Cemetery
Redo South Paved Roadway
Scissor Lift Storage Building
Golf Course
Golf Cart Fleet
Rebuild Greens
Golf Course Equipment
Airport
Construct Hangar
Airport Equipment
Construct Access Road West
Totals
-
150,600
130,000
132,000
130,000
255,000
25,000
25,000
25,000
-
-
-
100,000
100,000
100,000
100,000
100,000
100,000
-
-
-
-
-
500,000
-
-
500,000
-
-
-
75,000
75,000
75,000
100,000
100,000
100,000
351,000
-
-
-
-
-
50,000
500,000
-
-
-
-
5,000
-
-
-
-
-
10,000
-
-
-
-
-
10,000
-
-
-
-
-
50,000
-
-
-
-
-
-
125,000
-
-
-
-
-
100,000
-
-
-
-
15,000
-
-
-
-
-
-
-
300,000
-
-
-
15,000
-
-
-
-
-
93,000
69,000
90,000
170,000
340,000
275,000
500,000
500,000
500,000
500,000
500,000
500,000
80,000
-
100,000
-
-
-
-
-
-
500,000
-
-
-
200,000
100,000
100,000
100,000
100,000
-
-
-
750,000
-
-
- - - - - 100,000
100,000 - - - -
333,450 - - - 333,450 -
- 125,000 - - - -
15,000 40,000 - - - -
875,000 650,000 - - - -
120,000 - - - - -
- - - - 800,000 -
Totals
250,000
326,000
75,000
45,000
30,000
15,000
35,000
1,760,000
50,000
797,600
75,000
600,000
500,000
500,000
525,000
351,000
550,000
5,000
10,000
10,000
50,000
125,000
100,000
15,000
300,000
15,000
1,037,000
3,000,000
180,000
500,000
600,000
750,000
100,000
100,000
666,900
125,000
55,000
1,525,000
120,000
800,000
3,225,450 3,306,600 2,295,000 2,707,000 2,749,450 2,390,000 16,673,500
203 41 of 147
aYYoF
SJDASYMN
HOME Of PELICAN ISLAND
City of Sebastian, Florida
RL"o lo / \,7i1
Pursuant to City of Sebastian Resolution 06 -20, the financial policies shall be readopted annually. These
policies incorporate relevant statutory requirements and authoritative guidance provided for
governmental financial management.
Staff has reviewed the adopted policies from the prior year and recommends that the same wording be
repeated, with only one modification. This would be to add wording to reestablish a provision to transfer
fifty percent (50 %) of any current year General Fund operating surplus (revenues in excess of
expenditures) into a capital equipment replacement reserve for the purpose of creating a perpetual
funding method for replacing capital equipment. This provision was omitted several years ago but since
we will hopefully once again have a surplus, we think such a provision would be desirable. Otherwise,
the policy being proposed is identical to that adopted last year. The entire proposed financial policies are
incorporated as a section of the Annual Budget document, beginning on page 22.
RECOMMENDED ACTION
Move to adopt Resolution R- 13 -25.
42 of 147
Agenda No. 9A il d 13.610
Subject: Resolution No. R -13 -25 Adopting Amended
Financial Policies
Department Origin:
Administrative Services
Ap rove o Submittal by:
Reviewed By:
City Attorney:
Al r City Manager
City Clerk: ,>n,
Date Submitted: September 17, 2013
For Agenda of. September 25, 2013
Exhibits:
• Resolution R -13 -25 Adopting Financial Policies Governing Various Areas of Budget and
Finance.
• "Attachment All —Financial Policies
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
N/A
N/A
N/A
RL"o lo / \,7i1
Pursuant to City of Sebastian Resolution 06 -20, the financial policies shall be readopted annually. These
policies incorporate relevant statutory requirements and authoritative guidance provided for
governmental financial management.
Staff has reviewed the adopted policies from the prior year and recommends that the same wording be
repeated, with only one modification. This would be to add wording to reestablish a provision to transfer
fifty percent (50 %) of any current year General Fund operating surplus (revenues in excess of
expenditures) into a capital equipment replacement reserve for the purpose of creating a perpetual
funding method for replacing capital equipment. This provision was omitted several years ago but since
we will hopefully once again have a surplus, we think such a provision would be desirable. Otherwise,
the policy being proposed is identical to that adopted last year. The entire proposed financial policies are
incorporated as a section of the Annual Budget document, beginning on page 22.
RECOMMENDED ACTION
Move to adopt Resolution R- 13 -25.
42 of 147
RESOLUTION NO. R -13 -25
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
READOPTING AMENDED FINANCIAL POLICIES GOVERNING
VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN
ATTACHMENT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Government Finance Officers Association of the United States and
Canada recommends best practices in various areas for Finance and Budget; and
WHEREAS, the City Council deems it to be necessary to adopt and readopt such
financial policies on an annual basis,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, as follows:
SECTION 1. READOPTING AMENDED FINANCIAL POLICIES: The City
Council of the City of Sebastian hereby readopts amended Financial Policies governing the
Operating Budget, Financial Reserves, Use of Surplus, Performance Measurement, Capital
Improvement Program, Debt Management, Revenue, and Investment.
SECTION 2. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
SECTION 4. This Resolution shall take effect upon adoption.
The foregoing Resolution was moved for adoption by Council Member
Motion was seconded by Council Member and, upon being put to a vote,
the vote was as follows:
Mayor Bob McPartlan
Vice -Mayor Don Wright
Councilmember Andrea B. Coy
Councilmember Jim Hill
Councilmember Jerome Adams
The Mayor thereupon declared this Resolution duly passed and adopted this 25`h day of
September, 2013.
43 of 147
ATTEST:
Sally A. Maio, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Lm
Bob McPartlan, Mayor
Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
Robert Ginsburg, City Attorney
44 of 147
City of Sebastian, Florida
Financial Policies
City of Sebastian's financial policies set forth the basic framework for overall fiscal planning and management and
set forth guidelines for both current activities and long -range planning. These policies are reviewed annually to
assure the highest standards of fiscal management and were formally adopted by the City Council at a public
meeting on September 25, 2013. The City Manager and the Management Team has the primary role of reviewing
financial actions and providing guidance on financial issues to the City Council.
Overall Goals
The overall financial goals underlying these policies are:
1. Fiscal Conservatism: To ensure the city is in a solid financial condition at all times. This can be defined as:
A. Cash Solvency — the ability to pay bills
B. Budgetary Solvency — the ability to balance the budget
C. Long Term Solvency — the ability to pay future costs
D. Service Level Solvency — the ability to provide needed and desired services
2. Flexibility: To ensure that the city is in a position to respond to changes in the economy or new service
challenges without an undue amount of financial stress.
3. Comply with All Statutory Requirements: As set forth by the State of Florida and the City ordinances.
4. Adherence to the highest Accounting and Management Practices: As set by the Government Finance
Officers' Association standards for financial reporting and budgeting, the Government Accounting Standards
Board and other professional standards.
Operating Budget Policies
The City Administrative Services Department, with support and direction from the City Manager, coordinates the
budget process. The formal budgeting process begins in March and ends in September and provides the primary
mechanism by which key decisions are made regarding the levels and types of services to be provided, given the
anticipated level of available resources. Revenues and expenditures are projected on the basis of information
provided by City departments, outside agencies, current rate structures, historical data and statistical trends.
Budget Process
The development of the budget is guided by the following budget policies:
1. The budget must be balanced for all funds. Total anticipated revenues must equal total estimated expenditures
for each fund (Section 166.241 of Florida Statutes requires that all budgets be balanced).
2. All operating funds are subject to the annual budget process and reflected in the budget document.
3. The enterprise operations of the City are to be self - supporting; i.e., current revenues will cover current
expenditures, including debt service.
4. An administrative service fee will be paid to the General Fund by each enterprise fund. This assessment will be
calculated based upon a percentage (ratio of both the number of full -time equivalent employees of the enterprise
fund /total number of full -time equivalent employees of the City and ratio of the operating budget of the
enterprise funds /total operating budget of the City) of total budgeted General Fund administration expenditures
(includes City Council, City Manager, City Attorney, City Clerk, Administrative Services, Planning and Zoning
and Facilities Maintenance).
5. A 2.5 percent administrative service fee will be assessed by the General Fund against the Community
Redevelopment Agency (CRA) Fund of the city. This assessment will be based on the total tax increment
revenue estimate of the CRA Fund and will be used to reimburse the General Fund for the administrative
support services provided to the CRA fund.
22 45 of 147
City of Sebastian, Florida
Financial Policies
6. Pursuant to Ordinance 05 -16, stormwater utility fees can be utilized to fund the General Fund stormwater
operation. The amount being utilized should be approved by the City Council through the budget process.
7. In no event will the City of Sebastian levy ad valorem taxes against real property and tangible personal property
in excess of 10 mills, except for voted levies (Section 200.081 of Florida Statutes places this millage limitation
on all Florida municipalities.)
8. The City will budget 95 percent of anticipated gross ad valorem proceeds to provide an allowance for discounts
for early payment of taxes (Section 200.065 of Florida Statutes states that each taxing authority shall utilize not
less than 95 percent of the taxable value.)
9. Retirement programs will be funded at 100% of the obligations calculated annually. The defined benefit pension
plan will be funded in accordance with the required annual contribution calculated by an independent actuary.
10. The City will coordinate development of the capital improvement budget with the development of the annual
operating budget. Each capital improvement budget is reviewed for its impact on the operating budget in terms
of revenue generation, additional personnel required and additional operating expenses. It is also evaluated as
to proposed projects being consistent with the City's Comprehensive Plan.
11. A budget calendar will be designed each year to provide a framework within which the interactions necessary to
formulate a sound budget could occur. At the same time, it will ensure that the City will comply with all
applicable State legal mandates.
Basis of Budgeting
The basis of budgeting for governmental funds (General, Special Revenue, Debt Service Funds, and Capital Project
funds) shall be prepared on a modified accrual basis of accounting. This means unpaid financial obligations, such
as outstanding purchase orders, are immediately reflected as encumbrances when the cost is estimated, although the
items may not have been received. However, in most cases revenue is recognized only after it is measurable and
actually available.
The budgets for the proprietary funds — Golf Course, Airport and Building Department — are prepared using the
accrual basis of accounting. Proprietary funds also recognize expenses as encumbered when a commitment is made
(e.g., through a purchase order). Revenues, on the other hand, are recognized when they are obligated to the City.
Purchase orders for goods and services received prior to the end of the current fiscal year will be eligible for
payment immediately following the close of the fiscal year. Encumbrances for all other purchases, excluding the
capital projects funds purchases, will automatically lapse.
The Comprehensive Annual Financial Report (CAFR) presents the status of the City's finances on the basis of
Generally Accepted Accounting Principles (GAAP). Since FY 2001, the CAFR has been prepared in compliance
with Governmental Accounting Standards Board (GASB) Statement 34 requirements. The CAFR shows fund
expenditures and revenues on both a GAAP basis and budget basis for comparison purposes. In most cases, this
conforms to the way the City prepares its budget with the following exceptions:
1. Principal payments on long -term debt within the enterprise funds are applied to the outstanding liability
on a GAAP basis as opposed to being expended when paid on a budget basis.
2. Capital outlay within the proprietary funds are recorded as assets on a GAAP basis and expended on a
budget basis.
3. Depreciation expense is not budgeted.
4. Inventory is expensed at the time it is used.
5. Compensated absences liabilities that are expected to be liquidated with expendable available financial
resources are accrued as earned by employees on a GAAP basis as opposed to being expended when
paid on a budget basis.
23 46 of 147
City of Sebastian, Florida
Financial Policies
Guidelines
The Comprehensive Annual Financial Report (CAFR) presents the status of the City's finances on a basis consistent
with Generally Accepted Accounting Principles (GAAP) (i.e., a statement of net assets and statement of activities
are presented on an accrual basis of accounting, including governmental funds, major governmental and proprietary
funds are identified, governmental funds use the modified accrual basis of accounting, while the proprietary and
trust funds use the accrual basis of accounting.) In order to provide a meaningful comparison of actual results to the
final budget, the CAFR presents the City's operations on a GAAP basis and also shows fund revenue and
expenditures on a budget basis for the General, Special Revenue, and Debt Service funds.
Current revenues shall be sufficient to support current expenditures. The Administrative Services Department will
monitor each fund and make timely budgetary recommendations and adjustments to be sure no expenditures are in
excess of appropriations at fiscal year end, which is not permitted under Florida State Statutes. The budget process
and format shall be performance -based and focus on goals, objectives, programs, and performance indicators. The
budget will provide adequate funding for maintenance and replacement of capital plant and equipment.
Budget Amendment
1. Total fund appropriations changes and uses of contingency appropriations are approved by the City Council.
2. Shifts in appropriations within fund totals may be done administratively on the authority of the City Manager.
In most cases the City Manager will request City Council's approval, since the item prompting the change will
usually go to the City Council (e.g., award of contract, addition of staff, contract change order). Procedures for
appropriation transfers .and delegation of budget responsibility will be set by the City Manager.
3. A Budgetary Control System will be maintained to ensure compliance with the budget. Monthly operating
statements are provided to all Department Heads and Quarterly budget status reports will be provided to the
City Council comparing actual versus budgeted revenue and expense activity for all budgeted funds.
Planning
The City will annually prepare and distribute to departments and the City Council a Five -Year Forecast. The
forecast will include estimated operating costs and revenues for future capital improvements, such as new parks and
public works facilities, included in the capital improvement plan.
Fund Balance Policies
On an annual basis, after the year -end audit has been completed, but no later than April 1, the City Finance Director
shall produce a schedule of all fund surpluses and deficits, with projections of reserve requirements and a plan for
the use of any excess surplus for the current year in accordance with the Financial Balance Policies and Use of
Surplus Policies. This document will be used not only to ensure compliance with stated and adopted policies, but
also to analyze the total reserve and surplus picture to ensure that the policies as adopted do not inadvertently create
adverse effects. The City Finance Director shall provide recommended changes to the City Manager for any
changes to the Fund Balance Policies and Use of Surplus Policies based on needs identified in this analysis.
General Fund committed fund balances will be maintained at greater than or equal to thirty percent (30 %) of the
annual General Fund total expenditures budget, less debt service, interfund transfers and capital expenditure. This
approximates three months of working capital and will be used for unforeseen or emergency events, such as natural
disasters or major changes in weather patterns, as well as a cushion for revenue shortfalls or expenditure overages.
In addition, the City shall transfer fifty percent (50 %) of any current year General Fund operating surplus (revenues
in excess of expenditures) into a capital equipment replacement reserve for the purpose of creating a perpetual
funding method for replacing capital equipment.
24 47 of 147
City of Sebastian, Florida
Financial Policies
Use of Surplus Policies
Use of Surpluses
It is the intent of the City to use all surpluses generated to accomplish three goals: meeting reserve policies,
avoidance of future debt, and reduction of outstanding debt. The City will avoid using fund balances or year -end
surpluses to fund ongoing operating expenses.
Any surpluses realized in the General Fund shall be used first to meet reserve policies as set forth in the Fund
Balance Policies. Excess surplus will then be used for the following purposes, listed in order of priority:
Capital Replacement Programs. After General Fund reserves have been met, excess reserves may be budgeted
to implement capital replacement programs (e.g., vehicle and equipment replacement and facility maintenance).
➢ Cash Payments for Capital Improvement Program Projects. Using cash to purchase capital items that are
budgeted to be purchased with the proceeds from any debt will reduce the future debt burden of the City. This
strategy may be combined with retirement to reduce future debt service after performing a financial analysis to
determine the greatest net present value savings.
➢ Cemetery Permanent Trust Fund. After all other needs have been satisfied, excess surpluses may be transferred
to the Cemetery Permanent Trust Fund that has been established to care for the Cemetery. The amounts
transferred shall be deemed corpus to the Cemetery Trust fund for future earnings growth to fund Cemetery care
and maintenance.
➢ Riverfront Redevelopment Agency. After all other needs have been satisfied; excess surpluses may be
transferred to the Riverfront Redevelopment Agency that has been established to provide infrastructure and
public facility needs in that area.
Special Revenue Fund Surpluses
Local Option Gas Tax Revenue Fund — To the extent possible, a reserve will be maintained in an amount greater
than or equal to fifteen percent (15 %) of the annual Local Option Gas Tax Fund expenditures budget for the purpose
of alleviating the impact of a decline in amounts of collected revenue.
Discretionary Sales Surtax Revenue Fund — To the extent possible, a reserve will be maintained in an amount
greater than or equal to ten percent (10 %) of the total annual Discretionary Sales Tax Fund Expenditures budget for
the purpose of alleviating the impact of decline in amounts of collected revenue and to provide sufficient funds for
unanticipated replacements of eligible capital improvements or equipment.
Discretionary Sales Tax revenues will be used in accordance with the following:
1. fund annual debt service payments for which this revenue source is pledged, then;
2. fund emergency vehicles, then;
3. fund stormwater improvements, then;
4. fund other pay -as -you go eligible capital improvements.
Stormwater Utility Revenue Fund — To the extent possible, a reserve will be maintained in an amount greater than
or equal to fifteen percent (15 %) of the total annual Stormwater Utility Revenue Fund Expenditures budget for the
purpose of providing sufficient funds for unanticipated major capital improvements and for the purpose of
alleviating the impact of a decline in amounts of collected revenue.
25 48 of 147
City of Sebastian, Florida
Financial Policies
Performance Measurement Policies
Establishing Performance Requirements
Annually, each department shall develop departmental performance measures that correspond with the department
programs and file them with the City Manager's Office. Goals should be related to core services of the department
and should reflect stakeholder needs. The measures should be of a mix of different types, including effectiveness,
efficiency, demand and workload. Measures should have sufficiently aggressive "stretch" goals to ensure
continuous improvement.
➢ Workload — Measures the quantity of activity for a department (e.g., number of calls responded to).
➢ Demand — Measures the amount of service opportunities (e.g.. total number of calls).
➢ Efficiency — Measures the relationship between output and service cost (e.g., average cost of the response to a
service call).
➢ Effectiveness — Measures the impact of an activity (e.g., percent of people who feel safe).
Department Directors shall establish performance measures for each program within their department to monitor
and project program performance. These must be linked to the departmental goals and objectives they support.
Supervisors shall insure that fair, objective and aggressive performance measures for each employee that directly
supports program objectives and departmental measures are part of their annual review.
Reporting Performance
Quarterly summaries of progress on goals and objectives and departmental performance measures will be provided
to the City Manager for publishing in the City Council's Quarterly Budget to Actual Report.
Decision Making and Analysis
The City's Strategic Planning and budgeting decisions are based on a number of processes currently in place. The
specific tools used are:
❖ Citizen Advisory Boards — (e.g., Budget Review Committee) are teams made up of Residents and City staff to
address specific concerns and provide direction and feedback. Several such advisory boards currently exist;
❖ Master Planning — Specific functions and processes are included in written plans, such as the Comprehensive
Plan, Stormwater Master Plan, and the Airport Master Plan;
❖ Fiscal Impact Model — Allocation methodology that quantifies average and marginal revenues and the costs of
new development by land use type;
Revenue Forecasting Model —Statistical time series analysis and tracking model of major revenue sources;
❖ Performance Measurement System — Quarterly performance evaluations and reports;
❖ Capital Budgeting Tools — Present Value Payback, Net Present Value Analysis, Own/Lease Analysis, and
Return on Investment (ROI) Analysis;
❖ Five -Year Financial Plan — Multi -year forecasting of revenues and expenditures;
❖ Ten -Year Fleet Replacement Program — Equipment maintenance and replacement schedule covering the useful
life of all vehicle classes;
❖ Ten -Year Equipment and Maintenance Program - maintenance and replacement schedule covering the useful
life of all equipment, other than vehicles;
❖ Financial Trend Monitoring System —Systematic analysis of major financial indicators;
26 49 of 147
City of Sebastian, Florida
Financial Policies
Capital Improvement Program Policies
Definition
Capital improvements include streets, buildings, building improvements, park expansions /improvements, new
parks, airport runways, infrastructure improvements, and major, one -time acquisitions of equipment. Projects in the
Capital Improvement Program generally cost more than $50,000 and last at least five years. For accounting
purposes, lesser cost items funded by Special Revenue Funds may also be included.
Alignment
The City shall coordinate the development of the Capital Improvement Program plan with the development of the
Strategic Plan and Operating Budget, as well as ensuring compliance with the Comprehensive Plan Capital
Improvement Element. Future operating expenditures and revenues associated with new capital improvements will
be projected and included in the Capital Improvement Program Forecasts.
Project Selection
All capital projects submitted for approval must be justified in terms of how the project supports the achievement of
the City's Strategic Priorities. The originating department of the capital improvement project will identify the
estimated costs and impacts on revenue and operating costs for each capital project proposal. Projects are prioritized
and approved based on the relevancy of the project to the City's Strategic Plan and the impact on the end
stakeholder(s).
Capital Improvement Plan
The City shall adopt an annual Capital Budget based on the Capital Improvement Plan. Future capital improvement
expenditures necessitated by changes in population, real estate development, or in economic base will be calculated
and included in the capital improvement plan projections.
The City shall make all capital improvements in accordance with an adopted Capital Improvement Plan.
The City will determine and use the most prudent financial methods for acquisition of capital improvement projects
based upon market conditions at the time of acquisition.
Capital Equipment Outlay
Definition
Capital equipment outlay is defined as capital assets purchased and/or constructed with a cost equal to or greater
than $750 (with the exception of computer software cost which is equal to or greater than $5,000) with a useful life
of one or more years
The City will determine and use the most prudent financial methods for acquisition of new or replacement capital
equipment, based upon market conditions at the time of acquisition.
Capital Replacement Programs — The City shall forecast capital replacement and maintenance needs for at least
five -year periods and update this projection each year. From this, a maintenance and replacement schedule shall be
developed and implemented. Funding for capital replacement may be obtained through excess year -end surpluses as
identified in the Use of Surplus Policies. Maintenance programs shall be paid for on a pay -as- you -go basis.
Maintenance
The City shall maintain all capital assets at a level adequate to protect the City's capital investment and minimize
future maintenance and replacement costs.
Physical Inventory
An annual physical inventory will be conducted to ensure that all capital assets listed in the City's financial system
are accounted for, and that sufficient internal control over capital items is exercised. Further detail on capital
purchases and dispositions is detailed in a separately published policy.
27 50 of 147
City of Sebastian, Florida
Financial Policies
Debt Management Policies
Market Review
The City Finance Director, in conjunction with the Financial Consultant, shall review its outstanding debt annually
for the purpose of determining if the financial marketplace will afford the City the opportunity to refund an issue
and incur less debt service costs. In order to consider the possible refunding of an issue, a present value savings of
three percent (3 %) over the life of the respective issue, at a minimum, must be attainable.
Capital Improvements, equipment and facility projects shall be classified into "pay -as- you -go" and "debt financing"
classifications. Pay -as- you -go capital items will be $150,000 or less with lives of ten years or less. Debt financing
will only be used for major, non - recurring items with a minimum of ten (10) years useful life.
Debt Financing for Capital Assets
1. Short -term Borrowing
Short-term borrowing or lease /purchase contracts should be considered for financing major operating capital
equipment when the Finance Director, along with the City's Financial Consultant determines that this is in the
City's best financial interest. Lease /purchase decisions should have the concurrence of the appropriate
department/division head and should consider the net cost after factoring in anticipated maintenance expenditures.
2. Issuance of Debt
When the City finances capital projects by issuing bonds, it shall amortize the debt over a term not to exceed the
average useful life of the project(s) financed.
The City shall confine long -term borrowing by bond financing to capital improvements and projects with useful
lives in excess of twenty (20) years. Consideration of bank notes will be given for financing over shorter periods.
If General Obligation Bonds are issued, the City's goal will be to limit the maturity to fifteen (15) years. When
possible, the City shall use a special assessment or self - supporting financing instead of general obligation bonds, so
those benefiting from the improvements will bear all or part of the cost of the project financed.
Debt Service Levels
Annual General Fund debt service expense, if any, will be limited to eight percent (8 %) of the General Fund
expenditures budget.
The City will limit its total outstanding General Obligation debt, if any, to five percent (5 %) of the assessed
valuation of taxable property.
The City will limit the amount of Variable Rate debt to fifteen percent (15 %) of the total debt outstanding.
Bond Ratings
The City Finance Director, along with the Financial Consultant, shall periodically review possible actions to
maintain or improve its bond ratings by various rating agencies.
The City shall maintain good communications with bond rating agencies and its bond insurers about its financial
condition. The City Finance Director shall coordinate all communications to ensure a professional and factual
response to any inquiries.
The City shall follow a policy of "full disclosure" in its Comprehensive Annual Financial Report and bond
prospectuses.
28 51 of 147
City of Sebastian, Florida
Financial Policies
Revenue Policies
Revenue Projections
The City shall estimate its annual revenues by objective and analytical processes.
The City shall maintain a diversified and stable revenue system to the extent provided by law to insulate it from
short -term fluctuations in any one revenue source.
User Fees
The City shall recalculate on a bi- annual basis the full cost of selected activities currently supported by user fees and
charges to identify the impact of inflation and other cost increases.
The City shall set fees and user charges for the Golf Course at a level that fully supports the total direct and indirect
costs of operation, including debt service and depreciation.
Reporting and Analysis
To ensure compliance with the adopted financial policies, the City Administrative Services Department shall
prepare analyses in conjunction with the annual budget process to assist departments /divisions with budget
projections. The analyses include the following:
➢ Five -Year Forecast of Revenues and Expenditures — Planning tool prepared and used by the Administrative
Services Department to forecast and project various funds (General, Local Option Gas Tax, Discretionary Sales
Tax, Recreation Impact Fees, Riverfront CRA, Stormwater Utility, Golf Course, Building, and Airport);
➢ Financial Trend Monitoring System — Set of financial trends and ratios used as leading indicators and as a
measurement of relative performance.
➢ Revenue Manual — Guide to the major revenue sources that indicates the source, calculation, legal requirements,
historical trends and accounting guidelines. Updated annually and included in the annual budget document.
➢ Reserve Analysis — The City Finance Director will annually review the reserve levels and produce a report that
indicates up -to -date reserve levels as compared to policy goals.
Investment Policies
Investment Management
The City Administrative Services Department shall perform a cash flow analysis of all funds on a regular basis.
Disbursement, collection, and deposit of all funds will be scheduled to insure optimum cash availability. When
permitted by law, the City shall pool cash from each respective fund for investment purposes. The City Finance
Director shall manage all City investments with the assistance from a third -party administrator to achieve safety,
liquidity and optimal return on the City's investments. Further details on allowed investments is contained in a
separately published policy.
Investment Analysis
The City Finance Director shall review its investment policies established for investing surplus funds to account for
changes in legislation and market conditions on an annual basis.
The City Finance Director shall prepare quarterly investment portfolio reports containing information on the
securities being held and the overall performance of the fund.
29 52 of 147
f1. ok • I
AGENDA TRANSMITTAL
Subject:
Agenda No. IDA — 131 Z(o
Golf Course
Department Origin: Ci4 M Wer
Cart Bid — Additional Information
Administrative Srvc:
City Attorney:
Annrov for Submittal by:
1
City Clerk:
-4 I Fe",
Date Submitted: 18 SEP 13
A i e City Manager
For Agenda Of: 25 SEP 13
Exhibits: R- 13 -19, Proposal Evaluation, Seacoast National Bank Loan Schedule, Yamaha Bid and Loan
Schedules, EZ Go Bid and Loan Schedule, Club Car Bid and Loan Schedule
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
$331,503 for 4 Year
$57,076 FY 2014
$62,935 FY 14
None
SUMMARY
At the Regular Meeting on September 11, 2013, 1 requested that Council table this
matter to research information that was presented at the meeting.
During discussion, two questions were raised by the EZ -Go representative with respect
to staff's recommendation to enter a lease with Yamaha. Those questions were (1)
trade -in value; and, (2) electric consumption.
TRADE -IN VALUE
EZ -Go contends that their carts will depreciate better, thus providing the City greater
overall value. For this reason, EZ -Go suggested that their proposal should have been
rated the best overall financial offer. In researching trade -in value staff offers these
points:
✓ Trade -In Value as Discussed with Regional Cart Dealers — Three golf cart dealers
were contacted by staff. One dealer located in Melbourne, FL (suggested by
Yamaha), one dealer located in Okeechobee, FL (suggested by EZ -Go) and one
dealer located in Vero Beach, FL (selected by City staff). Each dealer essentially
gave the same information - Club Car had the best overall trade -in value. However,
each dealer agreed that there was negligible trade -in value difference between the
three major cart companies.
✓ Bulk Purchasing — In discussing this matter with Yamaha, they contend that trade -in
value will vary in bulk purchase situations based on the desire of the company to
53 of 147
receive a new customer. Research found this statement correct as, (1) Yamaha
provided the highest trade -in value; (2) Yamaha provided high trade in value for
comparable Yamaha carts at the Indian River Club ($1,600) and Island Country Club
in Marco Island, FL ($1,600); and, (3) the regional cart dealers concurred that trade
in value would differ during competition for a bulk lease /purchase contract.
✓ No Standard — Staff also found that there is no standard for cart re- purchasing. In
short, there is no "Kelly Blue Book" for golf carts as there is for automobiles.
As a result, Staff believes that using trade -in value to increase the value of the EZ -Go
RFP is not founded.
ELECTRIC CONSUMPTION
EZ -Go also suggested that their "Textron" battery was superior to the competitors and
would save the City electric consumptions costs. To research this item, staff offers the
following:
✓ Regional Dealers — In speaking with the same regional dealers, each company
stated that as long as the City was with Club Car, EZ -Go or Yamaha, a quality
product was being purchased. No brand has a competitive battery advantage.
Further the battery replacement cost on used carts was the same.
✓ No Measurable Comparison — EZ -Go contended that going with their product would
reduce the SMGC electric bill by 30 %. Currently the SMGC budgets $34,000
annually for electric consumption. Because of the FPL connection, there is one
demand meter that measures consumption at the Pro Shop, Eagles Nest Restaurant
and Cart Barn.
In order to receive this benefit, the City would need to isolate cart barn electric
consumption. As such, a reputable local electric contactor was contacted. It was
estimated that separating the cart barn would cost $15,000. The same company
estimated that 30% of the consumption was for cart charging. This equates to an
estimated annual cost of $10,200. If EZ -Go is correct, an annual 30% decrease
would realize $3,060. However, the problem with this scenario is there is no base-
line comparison to measure EZ -Go's contention. Adding the procurement issue that
the City Attorney mentioned at the meeting, the electric consumption avenue does
not appear to be as attractive to determine a better cart purchase.
RECOMMENDATION
Based on the information provide herein, staff recommends approval of Resolution R -13-
19 and award the bid to Yamaha.
FOR YOUR INFORMATION
While the electric issue can not provide a competitive advantage in the cart bid, it may
be an avenue that should be investigated. Per our conversation with the same electric
contractor, electrically separating the cart barn from the other facilities would (1) upgrade
old wiring; and, (2) ensure off - demand consumption. These items would lower our
electric costs. Perhaps with the savings derived from the lower cart expenses, the funds
should be used to off -set the electrification enhancements.
54 of 147
Subject: Approval of Resolution R -13 -19
Agenda No.
EZGO
Department Origin:
87 New Carts
Administrative
App ed Submittal by: City Manager
City Attorney:
1 New Utility Cart
City Clerk:
8,499
Date Submitted: Septe er 4, 2013
AI i n , ity Manager 1
For Agenda of September 11, 2013
Exhibits: Resolution R- 13 -19, Proposal Evaluation, Seacoast National Bank Loan Schedule, Yamaha Bid
and Loan Schedules, EZGO Bid and Loan Schedule, Club Car Bid and Loan Schedule.
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION
$331,503 Total for 4 Years
$62,935.00 for FY 2014
REQUIRED: None
$57,076 During FY 2014
103,200
Net Purchase Price
SUMMARY
This agenda item seeks City Council approval of a purchase of 87 golf carts (one to be used as a ranger cart) and a
utility cart from Yamaha Golf Car Company and the authorization to finance the purchase through a bank note with
Seacoast National Bank. The current fleet of 86 Club Car carts will be traded -in. The City initially received bids from
three companies that are the primary suppliers of golf carts in the region. However, the vendors proposed multiple
alternatives and Staff concluded that an equitable comparison could not be made. Consequently, we rejected those bids
and repeated the bid process with specific terms that we expected to be addressed with their bid. We received new bids
from the same three companies, which are summarized below:
Each company also offered a financing plan but after checking with Seacoast National Bank, which is our main
depository bank, we obtained a rate proposal that when combined with the lower net price from Yamaha will result in
a lower total cost. It will also result in a budget savings next fiscal year of $5,978. This is summarized below:
Yamaha
Yamaha
EZGO
Club Car
87 New Carts
$326,250
$323,814
$325,424
1 New Utility Cart
7,200
8,499
No Charge
Total Purchase Price
$333,450
$332,313
$325,424
Trade -in of 86 Used Carts
- 137,600
- 132,698
- 103,200
Payoff to Club Car on 86 Carts
103,200
103,200
103,200
Net Purchase Price
$299,050
$302,815
$325,424
Each company also offered a financing plan but after checking with Seacoast National Bank, which is our main
depository bank, we obtained a rate proposal that when combined with the lower net price from Yamaha will result in
a lower total cost. It will also result in a budget savings next fiscal year of $5,978. This is summarized below:
Yamaha
EZGO
Club Car
Seacoast
interest Rate 420%
3.95%
2.89%
3.85%
Total Cost Over 4 Years $333,972
$335,946
$350,137
$331,503
FY 2014 Budget Savings $5,242
$4,748
$1,201
$5,859
It is imperative SMGC have quality, functioning and reliable golf carts, due to the heavy annual customer traffic
demand (60,000 + rounds per year, the majority of which entails cart rentals). The cartrental fee is a key source of
revenue for SMGC, averaging $625,000 for the last three (3) fiscal years. SMGC golf staff is comfortable with
the selection of Yamaha; several golf courses in the immediate area are utilizing Yamaha, which include
Sandridge Golf Club, The Club at Pointe West, Indian River Club & the Majors. In discussions with golf staff at
each mentioned golf facility, all were pleased with the performance, reliability and service of Yamaha. Entering
into a four (4) year financing is important as well for SMGC, again, main ly due to the heavy use. After four years
of heavy, consistent use of an electric golf cart, it would be extremely common for key parts to be replaced
including batteries, tires and most wires and fuses. For this reason, it would not be cost - effective to defer
replacement beyond four (4) years. The utility cart is also an important vehicle for golfcourse use; this cart will be
used exclusively for picking range balls, with range balls representing a consistent revenue source of $41,340 over
the last three (3) years.
RECOMMENDED ACTION
Staff is requesting that the City Council award the bid to Yamaha Golf Car Company and to adopt Resolution R -13 -19
accepting the financing proposal from Seacoast National Bank and authorizing the Mayor to execute the necessary
closing documents for the loan-
35 of 95
55 of 147
RESOLUTION NO. R -13 -19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ACCEPTING A
PROPOSAL OF SEACOAST NATIONAL BANK AND APPROVING A
LOAN AGREEMENT WITH SEACOAST NATIONAL BANK IN THE
AGGREGATE PRINCIPAL AMOUNT OF $299,050 TO PURCHASE
GOLF CARTS FOR THE CITY OF SEBASTIAN MUNICIPAL GOLF
COURSE; AUTHORIZING THE REPAYMENT OF SUCH LOAN
FROM GOLF COURSE REVENUES; AUTHORIZING THE
EXECUTION AND DELIVERY OF SAID LOAN DOCUMENTS TO
SEACOAST NATIONAL BANK BY THE MAYOR; AUTHORIZING
THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN
CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City operates a municipal golf course and requires certain equipment to
be acquired for the purpose of maintaining those facilities; and
WHEREAS, the City desires to replace the current fleet of golf carts at this time to
avoid excessive repair costs; and
WHEREAS, the City approved funds in the golf course budget for the required
payments of the equipment financing; and
WHEREAS, the City has determined to use the services of Seacoast National Bank for
an equipment loan; and
WHEREAS, the City wishes to execute a loan agreement with Seacoast National Bank
to repay the loan in forty-eight (48) equal monthly payments with a final balloon payment at
the end of the loan period and agrees to a first lien on said equipment until the loan is fully
paid;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The City accepts the proposal from Seacoast National Bank for a loan
agreement requiring repayment over forty-eight months with a final balloon payment at the
end of the loan period and agrees to a first lien on said equipment until the loan is fully paid.
Section 2. The Mayor is hereby authorized on behalf of the City to execute and deliver
the necessary closing documents for the equipment loan, following final review and
approval by the City Attorney, City Manager, City Clerk and Finance Director.
Section 3. If any clause, section, or other parts of this Resolution shall be held by any
Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the
other provisions of this Resolution.
56 of 147
Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. This Resolution shall become effective immediately.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into
a vote, the vote was as follows:
Mayor Bob McPartlan
Vice Mayor Don Wright
Councilmember Andrea B. Coy
Councilmember Jim Hill
Councilmember Jerome Adams
The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of
September, 2013.
CITY OF SEBASTIAN, FLORIDA
an
ATTEST:
Sally A. Maio, MMC City Clerk
Bob McPartlan, Mayor
Approved as to form and legality for the
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
57 of 147
Golf Cart Proposal Evaluation
August 29, 2013
YAMAHA WITH SEACOAST BANK FINANCING:
322,500.00
86 Carts
7,200.00
Annual Cost to Budget
End of Term Total
Pricing
Old Cart Payoff
Annual Payments (Currently $62,935)
Payout Costs
YAMAHA:
Average
322,500.00
86 Carts
333,450.00
Total for 86 Carts plus Utility and 1 for Ranger
7,200.00
Utility Cart
34,400.00
Trade -in net of Clubcar payoff
3,750.00
Another Cart vs. Ranger Cart
299,0 0.00
Amount Financed
333,450,00
Total
88.00
# Units
4.20%
Interest Rate
Average
103,200.00 To Clubcar
4,807.76
per month 57,693.12 12 Payments
48.00
# months 5,241.88 Budget Savings (1st Yr.)
230,772.48
103,200.00 333,972.48
EZGO:
320,092.00
86 Carts
332,313.00
Total for 86 Carts plus Utility and 1 for Ranger
8,499.00
Utility Cart
29,498.00
Trade -in net of Clubcar payoff
3,722.00
Another Cart vs. Ranger Cart
.00
Amount Financed
Total
88.00
# Units
3.95%
Interest Rate
3,776.28
Average
103,200.00 To Clubcar
4,848,88
per month 58,186.56 12 Payments
48.00
# months 4,748.44 Budget Savings (1 st Yr.)
232,746.24
103,200.00 335,946.24
CLUBCAR:
325,424.00
86 Carts
325,424.00
Total for 86 Carts plus Utility and 1 for Ranger
-
Utility Cart
-
Trade -in
-
Another Cart vs. Ranger Cart
325,424.00
Amount Financed
325,424.00
Total
88.00
# Units
2.89%
Interest Rate
3,999.00
Average
5,144.52
per month 61,734.24 12 Payments
48.00
# months 1,200.76 Budget Savings (1st Yr.)
246,936.96
103,200.00 350,136.98
YAMAHA WITH SEACOAST BANK FINANCING:
322,500.00
86 Carts
7,200.00
Utility cart
3,750.00
Another Cart vs. Ranger Cart
,450.00
Total
88.00
# Units
Average
103,200.00 To Clubcar
333,450.00 Total for 86 Carts plus Utility and 1 for Ranger
34,400.00 Trade -in net of Clubcar payoff
299,00-W Amount Financed
3.85% Interest Rate
4,756.32 per month 57,075.84 12 Payments 58 of 147 '
48.00 # months 5,859.16 Budget Savings (1 st Yr.)
228.303.36 1032DO.00 gg1.infl AR
39 of 95
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-5-6 -AC-oA�-r
08/30/2013 11:35:01 AM Pagel
Compound Period .........
: Exact Days
Nominal
Annual Rate....
: 3.850 %
CASH FLOW DATA
Event
-Date
Amount
Number Period
End Date
1 Loan
09/30/2013
299,050.00
1
2 Payment
10/31/201 "3
4,756.32
48 Monthly
09/30/2017
3 Payment
10/31/2017
103,200.00
1
AMORTIZATION SCHEDULE - Normal Amortization, 360 Day
Year -
Date
Payment
Interest
Principal
Balance
Loan
09/30/2013
299,050.00
1
10/31/2013
4,756.32
991.43
3,764.89
295,285.19
2
11/30/2013
4,756.32
947.37
3,808.95
291 ,476.16
3
12/31/2013
4,756.32
966.32
3,790.00
287,686.16
2013 Totals
14,268.96
2,905.12
11,363.84
4
01/31/2014
4,756.32
953.76
3,802.56
283,883.60
5
02/28/2014
4,756.32
850.07
3,906.25
279,977.35
6
03/31/2014
4,756.32
928.20
3,828.12
276,149.23
7
04/30/2014
4,756.32
885.98
3,870.34
272,278.89
8
05/31/2014
4,756.32
902.68
3,853.64
268,425.25
9 '06/30/2014
4,756.32
861.20
3,895.12
264,530.13
10
07731/2014
4,756.32
876.99
3,879.33
260,650.80
11
08/31/2014
4,756.32
864.13
3,892.19
256,758.61
12
09/30/2014
4,756.32
823.77
3,932.55
252,826.06
13
10/31/2014
4,756.32
838.19
3,918.13
248,907.93
14
11/30/2014
4,756.32
798.58
3,957.74
244,950.19
15
12/31/2014
4,756.32
812.08
3,944.24
241,005.95
2014 Totals
57,075.84
10,395.63
46,680.21
16
01/31/2015
4;756.32
799.00
3,957.32
237,048.63
17
02/28/2015
4,756.32
709.83
4,046.49
233,002.14
18
03/31/2015
4,756.32
772.47
3,983.85
229,018.29
19
04/30/2015
4,756.32
734.77
4,021.55
224,996.74
20
05/31/2015
4,756.32
745.93
4,010.39
220,986.35
21
06/30/2015
4,756.32
709.00
4,047.32
216,939.03"
22
07/31/2015
4,756.32
719.21
4,037.11
212,901.92
23
08/31/2015
4,756.32
705.83
4,050.49
208,851.43
24
09/30/2015
4,756.32
670.07
4,086.25
204,765.18
25
10/31/2015
4,756.32
678.85
4,077.47
200,687.71
26
11/30/2015
4,756.32
643.87
4,112.45
196,575.26
27
12/31/2015
4,756.32
651.70
4,104.62
192, 470.64
2015 Totals
57,075.84
8,540.53
48,535.31
28
01/31/2016
4,756.32
638.09
4,118.23
188, 352.41
29
02/29/2016
4,756.32
584.15
4,172.17
184,180.24
30
03/31 /2016
4,756.32
610.61
4,145.71
180,034.53
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08/30/2013 11:35:01 AM Page 2
40 of 95
60 of 147
Date
Payment
Interest
Principal
Balance
31
04/30/2016
4,756.32
577.61
4,178.71
-175,855.82
32
05/3112016
4,756.32
583.01
4,173.31
171,682.51
33
06/30/2016
4,756.32
550.81
4,205.51
167,477.00
34
07/31/2016
4,756.32
555.23
4,201.09
163,275.91
35
08/31/2016
4,756.32
541.30
4,215.02
159,060.89
.36
09/30/2016
4,756.32
510.32
4,246.00
154,814.89
37
10/31/2016
4,756.32
51325
4,243.07
150,571.82
38'11/30/2016
4,756.32
483.08
4,273.24
146,298.58
39
12/31/2016
4,756.32
485.02
4,271.30
142,027.28
2016 Totals
57,075.84
6,632.48
50,443.36
40
01/31/2017
4,756.32
470.86
4,285.46
137,741.82
41
02/28/2017
4,756.32
412.46
.4,343.86
133,397.96
42
03/31/2017
4,756.32
442.25
4,314.07
129,083.89
43
04/30/2017
4,756.32
414.14
4,342.18
124,741.71
44
05/3112017
4,756.32
413.55
4,342.77
120,398.94
45
06/30/2017
4,756.32
386.28
4,370.04
116,028.90
46
07/31/2017
4,756.32
384.67
4,371.65
111,657.25
47
08/31/2017
4,756.32
370.17
4,386.15
107,271.10
48
09/30/2017
4,756.32
344.16
4,412.16
102,858.94
49
10/31/2017
103,200.00
341.06
102,858.94
0.00
2017 Totals
146,006.88
3,979.60
142,027.28
Grand Totals
331,503.36
32,453.36
299,050.00
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S
Description
SECTION III
BID PROPOSAL
SHEE
86 New golf carts, as specified herein
1 CarryalllUtility Cart
1 Ranger Cart (YW .46 fi-AA l,ri1.-)
86 Trade -in amount for used Club Car carts
Payable on or before September 15, 2013.
Net Total -
Unit Price
$
$+
C7 to
$ Z
Total
,;c
$ 323,14907 . "
v;
$ s,
C 3 CMpk or
$ ®O n b e, app
k �/ Ca- "'
Monthly payment on 48 month lease with $103,200 balloon payment (66) Y $ cosf► r-041
at completion of term.
Interest rate of Lease.
For new carts, state manufacturer/model bid: _ I`6t'mahw 1"bu 6 i, Rota
Delivery time after receipt of order ?O, L19- calendar days.
Prompt Payment Discount: e-"` % f:� days; net .' days (payment will be made within
45 days after receipt of merchandise and a proper invoice, unless payment discount is offered.)
If awarded the contract resulting from this bid, will your company agree to extend the same
prices, terms and conditions to other governmental entities? (Note - Optional, agreement not
required for contract award.)
X Yes No
If awarded the contract resulting from this bid, will your company agree to sell additional items
at the awarded contract price? Yes X No
State the time period applicable for such additional purchases: #I - -�O P*)-s.
Name, address �& telephone number of company submitting bid:
Name: A NfowY-
16
41 of 95
61 of 147
(*YAMAHA
Sebastian County Initialed By:
AMORTIZATION SCHEDULE FOR MUNICIPALITY
CONDITIONAL SALE CONTRACT
PURCHASER: Sebastian County
EQUIPMENT SCHEDULE # 106541
Yield: 4.200 %
Due Principal
Mon # Date Payment Interest Adiustment Balance
Total Financed ........... 288.100.00
1 10/01/13 4.536.76 976.26 3.560.50 284.539.50
2 11101/13 4- 536.76 964.19 3.572.57 280.966.93
3 12/01/13 4.536.76 952.09 3.584.67 277.382.26
4 01101/14 4.536.76 939.94 3.596.82 273.785.43
5 02101/14 4.536.76 927.75 3.609.01 270.176.42
6 03/01/14 4.536.76 915.52 3.621.24 266.555.19
7 04/01/14 4.536.76 90325 3.633.51 262.921.68
8 05/01/14 4.536.76 890 -94 3. 645•82 259275-85
9 06/01/14 4.536.76 878.58 3- 658-18 255.617.68
10 07/01/14 4.536.76 866.19 3.670.57 251.947.11
11 08/01114 4.536.76 853-75 3.683 -01 248.264.09
12 09/01114 4.536.76 841-77 3- 695-49 244 - 568 -60
13 10/01/14 4.536.76 828.75 3- 708.01 240.860.59
14 11101/14 4.536.76 816.18 3.720.58 237.140.01
15 12101/14 4.536.76 803.57 3.733.19 233.406.83
16 01/0]/15 4.536.76 790.92 3.745.84 229.660 -99
17 02/01115 4.536-76 77823 3.758.53 225.902.46
18 03/01/15 4.536.76 765.49 3.771.27 222.131.19
19 04101/15 4.536.76 752.71 3.784.05 218.347.15
20 05/01115 4.536.76 739.89 3.796.87 214.550.28
21 06/01/15 4- 536.76 727.03 3.809.73 210.740.55
22 07/01115 4.536.76 714.12 3.82264 206 - 917.90
23 08/01/15 4.536.76 701.16 3.835.60 203.082.31
24 09/01/15 4.536.76 688.17 3.848.59 199233 -71
25 10/01115 4.536.76 675.12 3:861.64 195.372.08
26 11/01115 4.536.76 662.04 3- 874.72 191.497.36
r 27 12101115 4.536.76 648.91 3- 887.85. 187.609.50
28 01/01/16 4.536.76 635.73 3.901.03 183.708.48
29 02/01/16 4- 536.76 622.52 3.914.24 179.794 23
30 03/01/16 4.536.76 609.25 3.927.51 175.866.73
31 04/01/16 4.536.76 595.94 3.940.82 171.925.91
32 05/01/16 4.536.76 582.59 3.954.17 167.971.74
33 06101/16 4.536.76 569.19 3.967.57 164.004.17
34 07/01/16. 4- 536.76 555.75 3.981.01 160.023.15
35 08/01/16 4.536.76 542.26 3.994.50 156.028.65
36 09101/16 4.536.76 528.72 4.008.04 152020.61
37 10101/16 4.536.76 515.14 4.021.62 147.998.99
38 11101/16 4.536.76 501.51 4.035.25 143.963 74
39 12101/16 4.536.76 487.84 4- 048.92 139.914.81
40 01/01/17 4.536.76 474 -12 4.062.64 135.85217
41 02/01/17 4.536.76 460.35 4.076.41 131.775.76
42 03101117 4.536.76 446.54 4.090.22 127.685.53
43 04/01/17 4.536.76 432.68 4.104.08 123.581.45
44 05101/17 4.536.76 418.77 4.117.99 119.463.46
45 06101/17 4.536.76 404.81 4.131.95 115.331.51
46 07/01/17 4.536.76 390.81 4.145.95 111.185.57
47 08101/17 4.536.76 376.76 4.160.00 107.025.57
48 09/01/17 4,536.76 36267 4,174.09 102,851.48
Totals: 217,764.48 32,515.96 185,248.52
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*YAMAHA
Sebastian County Initialed By:
AMORTIZATION SCHEDULE FOR MUNICIPALITY
CONDITIONAL SALE CONTRACT
PURCHASER: Sebastian County
EQUIPMENT SCHEDULE # 106543
Yield: 4.200%
Due Principal
Mon ## Date Payment Interest Adiustment Balance
Total Financed ........... 7.200.00
1 10/01/13 139.72 24 27 115.45 7.084.55
2 11/01/13 139.72 23.88 115.84 6.968.72
3 12/01/13 139.72 23.49 116.23 6.852.49
4 01/01/14 139.72 23.10 116.62 6.735.87
5 02101/14 139.72 22.71 117.01 6.618.86
6 03/01/14 139.72 22.31 117.41 6.501.46
7 04/01114 139.72 21.92 117.80 6.383.66
8 05/01/14 139.72 21.52 118.20 6.265.46
9 06/01/14 139.72 21.12 118.60 6.146.86
10 07/01/14 139.72 20.72 119.00 6.027.85
11 08101/14 139.72 20.32 119.40 5.908.47
12 09/01/14 139.72 19.92 119.80 5.788.67
13 10/01/14 139.72 19.52 12020 5.668.46
14 11101/14 139.72 19.11 120.61 5.547.85
15 12/01/14 139.72 18.70 121.02 5.426.84
16 01/01/15 139.72 18.30 121.42 5.305.41
17 02/01/15 139.72 17.89 121.83 5.183.58
18 03101/15 139.72 17.48 12224 5.061.33
19 04/01/15 139.72 17.06 12266 4.938.68
20 05/01/15 139.72 16.65 123.07 4.815.61
21 06/01/15 139.72 1624 123.48 4.69212
22 07/01/15 139.72 15.82 123.90 4.56822
23 08101/15 139.72 15.40 124.32 4.443.90
24 09/01/15 139.72 14.98 124.74 4.319.16
25 10/01/15 139.72 14.56 125.16 4.194.01
26 11/01/15 139.72 14.14 125.58 4.068.42
27 12101/15 139.72 13.72 126.00 3.942.42
28 01/01/16 139.72 13.29 126.43 3.815.99
29 02101/16 139.72 12.87 126.85 3.689.14
30 03/01/16 139.72 12.44 12728 3.561.85
31 04/01/16 139.72 1201 127.71 3.434.14
32 05/01/16 139.72 11.58 128.14 3.306.00
33 06/01/16 139.72 11.15 128.57 3.177.43
34 07101/16 139.72 10.71 129.01 3.048.42
35 08101/16 139.72 1028 129.44 2.918.98
36 09/01/16 139.72 9.84 129.88 2789.10
37 10101/16 139.72 9.40 130.32 2.658.78
38 11/01/15 139.72 8.96 130.76 2.528.02
39 12/01/16 139.72 8.52 131.20 2.396.83
40 01/01/17 139.72 8.08 131.64 2265.19
41 02/01/17 139.72 7.64 132.08 2.133.10
42 03/01117 139.72 7.19 132.53 2000.58
43 04/01/17 139.72 6.74 13298 1.867.60
44 05/01/17 139.72 6.30 133.42 1.734.18
45 06/01/17 139.72 5.85 133.87 1.600.30
46 07/01/17 139.72 5.40 134.32 1.465.98
47 08/01/17 139.72 4.94 134.78 1.331.20
48 09/01/17 139.72 4.49 135.23 1,195.97
Totals: 6,706.56 702.53 6,004.03
43 of 95
63 of 147
(IDYAMAHA
Sebastian County Initialed By:
AMORTIZATION SCHEDULE FOR MUNICIPALITY
CONDITIONAL SALE CONTRACT
PURCHASER_ Sebastian County
EQUIPMENT SCHEDULE # 106542
Yield: 4.200%
Due Principal
Mon # Date Payment Interest Adiust rent
Total Financed ........ _.
1 10/01/13 65.90 13.31 52.59
2 11/01/13 65.90 13.14 52.76
3 12101/13 65.90 12.96 52.94
4 01/01/14 65.90 12.76 53.12
5 02101/14 65.90 12.60 53.30
6 03/01/14 65.90 12.42 53.48
7 04101/14 65.90 12.24 53.66
8 05101/14 65.90 12.05 53.85
9 06/01/14 65.90 11.69 54 21
10 07/01/14 65.90
11 08/01/14 65.90 11.51 54.39
12 09/01/14 65.90 11.32 54.58
13 10/01/14 65.90 11.14 54.76
14 11/01/14 65.90 10.95 54.95
# 15 12/01/14 65.90 10.71 55.13
16 01/01/15 65.90 10.58 55.32
17 02101/15 65.90 10.39 55.51
18 03101/15 65.90 10.20 55.70
19 04/01/15 65.90 10.01 55.89
20 05/01/15 65.90 9.83 56.07
21 06/01/15 65.90 9.64 56.26
22 07/01/15 65.90 9.41 66.46
23 08/01/15 65.90 9.25 56.65
24 09/01/15 65.90 9.06 56.84
25 10/01/15 65.90 8.87 57.03
26 11/01/15 65.90 8.68 57.22
27 12101/15 65.90 8.48 57.42
28 01/01/16 65.90 8.29 57.61
29 02101/16 65.90 8.09 57.81
30 03101/16 65.90 7.90 58.00
31 04101116 65.90 7.70 5820
32 05/01116 65.90 7.50 58.40
33 06/01116 65.90 7.31 58.59
34 07/01/16 65.90 7.11 58.79
35 08/01/16 65.90 6.91 58.99
36 09/01116 65.90 6.71 59.19
37 10101/16 65.90 6.51 59.39
38 11/01/16 55.90 6.31 59.59
39 12/01/16 65.90 6.11 59.79
40 01/01/17 65.90 5.90 60.00
41 02/01/17 65.90 5.70 6020
42 03101/17 65.90 5.50 60.40
43 04/01/17 65.90 529 60.61
41 05101/17 65.90 5.09 60.81
45 06/01/17 65.90 4.86 61.02
46 07/01/17 65.90 4.67 61.23
47 08/01/17 65.90 4.47 61.43
48 09/01 /17 65.90 426 61.64
Totals: 3,163.20 427.36 2,735.84
3.826.44
3.773.50
3.720.37
3.667.07
3.613.59
3.559.93
3.506.08
3.452.05
3.397.84
3.343.45
3.288.87
3.234.10
3.179.16
3.124.02
3.068.70
3.013.19
2.957.49
2.901.61
2.845.53
2.78927
2.732.81
2.676.17
2.619.33
2:56230
2.505.08
2.447.66
2.390.05
2.332.24
2.27424
2216.04
2.157.64
2.099.05
2.04026
1.98126
1.922.07
1.862.68
1.603.09
1.74329
1.683.30
1.623.10
1.562.69
1.502.09
1.441.27
1.38025
1.319.03
1.257.59
1,195.95
44 of 95
64 of 147
jSECTION M
BID PROPOSAL
S=
Description Unit Price
86 New golf carts, as specified herein
1 Carryalwtillity cart CA44WAP4 _
1 Ranger Cart
86 Trade -in amount for used Club Car carts
Payable on or before September 15, 2013.
Net Total
0-1 , 14 q
$ �?.Tl5"
Total
$ 3�o�o9L
$ L'4134-5-1 $ LL 6y8�
Monthly payment on 48 month lease with $103,200 balloon payment
at completion of term.
Interest rate of Lease.
For new carts, state manufacturer /model bid: a. • -r-. -
�-t-
Delivery time after receipt of order 29 - q-Z- calendar days.
Prompt Payment Discount: % days; net :ate days (payment will be made within
45 days after receipt of merchandise and a proper invoice, unless payment discount is offered.)
If awarded the contract resulting from this bid, will your company agree to extend the same
Prices, terms and conditions to other governmental entities? (Note -- Optional, agreement not
required for contract award.)
X Yes No
If awarded the contract resulting from this bid, will your company agree to sell additional items
at the awarded contract price? Yes --X—No
State the time period applicable for such additional purchases: (.1 P `>o M $1OVT)4 C
Name, address & telephone number of company submitting bid:
Name: r.10'r c,r- "TEe?c
16
45 of 95
65 of 147
Mortgage/Loan Calculator with Amortization Schedule �® Pac
Doan Amortization Calculator
Almost any data field on this form may be calculated. Enter the appropriate numbers in each slot, leaving blank
zero) the value that you wish to determine, and then click "Calculate" to update the page.
Principal Payments per Year
__ 302815.00 -- 1 21
Annual Interest Rate Number of Regular Payments
-- - -- -- 3.95001 _ 48
Balloon Payment Payment Amount
103200.001 L _ 4848.88;
C Show Amortization Schedule
Calculate
This loan calculator is written and maintained by Bret whissel.
See Brefs Blos for help, a spreadsheet, derivations, calculator news, and more information.
Summary
12
Principal borrowed:
$302,815.00.
Regular Payment amount:
$4,848.88
Final Balloon Payment:
$103,200.00
Interest -only payment:
$996.77
*Total Repaid:
$335,94624
*Total Interest Paid:
$33,131.24
Annual Payments:
12
Total Payments:
49 (4.08 y
Annual interest rate:
3.95%
Periodic interest rate:
0.32920/1
*Total interest paid as a
percentage of Principal:
10.941%
*These results are estimates which do not account for accumulated error ofpayments being rounded to the nearest cent. See the
amortization schedulefor more accurate values.
46 of 95
httpJ/bretwhissel.nettcgi- bin /amortize 66 of 147
e
r Mortgage/Loan Calculator with Amortization Schedule
Pmt
Principal
Interest
Cum Prin
Cum Int
Prin Bal
1
3,852.11
996.77
3,852.11'
996.77
298,962.89
2
3,864.79
984.09
7,716.90
1,980.86
295,098.10
3
3,877.52
971.36
11,594.42
2,'952.22
291,220.58
4
3,890.28.
958.60
15,484.70
3,910.82
287,330.30
5
3,903.08
945.80
19,387.78
4,856.62
283,427.22
6
3,915.93
932.95
23,303.71
5,789.57
279,511.29
7
3,928.82
920.06
27,232.53
6,709.63
275,582.47
-8
3,941.75-
907.13
31,174.28
7,616.76•
271,640.72
9
3;954.73
894.15
35,129.01
8,510.91
267,685.99
10
3,967.75
881.13
39,096.76
9,392.04
2.63,718:24
11
3,980.81
868.07
43,077.57
10,260.11
259,737.43
12
3,993.91
854.97
47,071.48
11,115.08
255,743.52
13
4,007.06
841.82
51,078.54
11,956.90
251,736.46
14
4,020.25
828.63
55,098.79
12,785.53
247,716.21
15
4,033.48
815.40
59,132.27
13,600.93
243,682.73
16
4,046.76
802.12
63,179.03
14,403.05
239,635.97
17
4,060.08
788.80
67,239.11
15,191.85
235,575.89
18
4,073.44
775.44
71,312.55
15,967.29
231,502.45
19
4,086.85
762.03
75,399.40
16,729.32
227,415.60
20
4,100.30
748.58
79,499.70
17,477.90
223,315.30
21
4,113.80
735.08
83,613.50
18,212.98
219,201.50
22
4,127.34
721.54
87,740.84
18,934.52
215,074.16
23
4,140.93
707.95
91,881.77
19,642.47
210,933.23
24
4,154.56
694.32
96,036.33
20,336.79
206,778.67
25
4,168.23
680.65
100,204.56
21,017.44
202,610.44
26
4,181.95
666.93
104,386.51
21,684.37
198,428.49
27
4,195.72
653.16
108,582.23
22,337.53
194,232.77
28
4,209.53
639.35
112,791.76
22,976.88
190,023.24
29
4,223.39
625.49
117,015.15
23,602.37
185,799.85
30
4,237.29
611.59
121,252.44
24,213.96
181,562.56
31
4,251.24
597.64
125,503.68
24,811.60
177,311.32
32
4,265.23
583.65
129,768.91
25,395.25
173,046.09
33
4,279.27
569.61
134,048.18
25,964.86
168,766.82
34
4,293.36
555.52
138,341.54
26,520.38
164,473.46
35
4,307.49
541.39
142,649.03
27,061.77
160,165.97
36
4,321.67
527.21
146,970.70
27,588.98
155,844.30
37
4,335.89
512.99
151,306.59
28,101.97
151,508.41
38
4,350.16
498.72
155,656.75
28,600.69
147,158.25
39
4,364.48
484.40
160,021.23
29,085.09
142,793.77
40
4,378.65
470.03
164,400.08.
29,555.12
138,414.92
41
4,393.26
455.62
168,793.34
30,010.74.
134,021.66
42
4,407.73
441.15
173,201.07
30,451.89
129,613.93
43
4,422.23
426.65
177,623.30
30,878.54
125,191.70
44
4,436.79
412.09
162.,060.09
31,290.63
120,754.91
45
4,451.40
397.48
186,511.49
31,688.11.
116,303.51
46
4,466.05
382.83
190,977.54
32,070.94
111,837.46
47
4,480.75
368.13
195,458.29
32,439.07
107,356.71
48
4,495.50
353.38
199,953.79
32,792.45
102,861.21
49 *102,861.21 338.58 302,815.00 33,131.03 0.00
*The final payment has been adjusted to account for payments having been rounded to the nearest cent.
Page 2 of;
47 of 95
Jlbretwhissel.net/ 67 of 147
ttp- cgi- biNamortize - 8/30/2013
Qz
86
1
1
SECTION III
BID PROPOSAL
SHEET
Description
New golf carts, as specified herein
Carryall/Utility Cart
Ranger Cart
Unit Price
$ G
$ O
86 Trade -in amount for used Club Car carts $ L 1 Io O
Payable on or before September 15, 2013.
Net Total
Monthly payment on 48 month lease with $103,200 balloon payment
at completion of term.
Interest rate of Lease.
Total
$ w 00 Cash
$
le
0,
Inci��QS L
wa,+
2• �%
For new carts, state manufacturerlmodel bid:
Delivery time after receipt of order calendar days.
Prompt payment Discount:_% days; net days (payment will be made within
45 days after receipt of merchandise and a proper invoice, unless payment discount is offered.)
If awarded the contract resulting from this bid, will your company agree to extend the same
prices, terms and conditions to other governmental entities? (Note — Optional, agreement not
required for contract award.) V11 No Yes
If awarded the contract resulting from this bid, will your company agree . to sell additional items
at the awarded contract price? Yes No ✓
State the time period applicable for such additional purchases:
Name, address & telephone number of company submitting bid:
Name: NA LG
16
48 of 95
68 of 147
Mortgage/Loan Calculator with Amortization Schedule Page 1 of
CL 0 6 CAIN,
Doan Amortization Calculator
Almost any data field on this form may be calculated. Enter the appropriate numbers in each slot, leaving blank (or
zero) the value that you wish to determine, and then click "Calculate" to update the page.
Principal'
Payments per Year
325424.00.
12�
Annual Interest Rate
Number of Regular Payments
2.8900;
$5,161.40
Balloon Payment
Payment Amount
103200.00.
5161.40?
I-+ Show Amortization Schedule
$350,94720
Calculate
This loan calculator is written and maintained by Bret Whissel.
See Bret's Blos for help, a spreadsheet, derivations, calculator news, and more information.
Annual Payments:
12
Summary
49 (4.08 years)
Principal borrowed:'
$325,424.00
Regular Payment amount:
$5,161.40
Final Balloon Payment:
$103,200.00
Interest -only payment:
$783.73
*Total Repaid:
$350,94720
*Total Interest Paid:
$25,52320
Annual Payments:
12
Total Payments:
49 (4.08 years)
Annual interest rate:
2.890/6
Periodic interest rate:
02408%
*Total interest paid as a
percentage of Principal:
7.843%
*These results are estimates which do not account for accumulated error ofpayments being rounded to the nearest cent. See the
amortization schedule for more accurate values.
49 of 95
ttpJ/bretwhissel.neVcgi- bin /amortize 69 of 147 8/30/2013
Mortgage /Loan Calculator with Amortization Schedule
Pa
Pmt
Principal
Interest
Cum Prin
Cum Int
Prin Bal
1
4,377.67
783.73
4,377.67
783.73
321,'046.33
2
4,388.21
773.19
8,765.88
1,556.92
316,658.12
3
4,398.78
762.62
13,164.66
2,319.54
312,259.34
4 -
4,409.38
.752.02
17,574.04
3,071.56
.307,849.96
5
4,419.99
741.41
21,994.03
3,812.97
303,429.97
6
4,430.64
730.76
26,424.67
4,543.73
298,999.33
7
4,441.31
720.09
30,865.98
5,263.82
294,558.02
8
4,452.01
709.39
35,317.99
5,973.21
290,106.01
9
4,462.73
698.67
39,780.72
6,671.88
285,643.28
10
4,473.48
687.92
44,254.20
7,359.80
281,169.80
II
4,484.25
677.15
48,738.45
8,036.95
276,685.55
12
4,495.05
666.35
53,233.50
9,703.30
272,190:50
13
4,505.87
655.53
57,739.37
9,358.83
267,684.63
14
4,516.73
644.67
62,256.10
10,003.50
263,167.90
15
4,527.60
633.80
66,783.70
10,637.30
258,640.30 -
16
4,538.51
622.89
71,322.21
11,260.19
254,101.79
17
4,549.44
611.96
75,871.65
11,872.15
249,552.35
18
4,560.39
601.01
80,432.04
12,473.16
244,991.96
19
4,571.38
590.02
85,003.42
13,063.18
240,420.58
20
4,582.39
579.01
89,585.81
13,642.19
235,838.19
21
4,593.42
567.98
94,179.23
14,210.17
231,244.77
22
4,604.49
556.91
98,783.72
14,767.08
226,640.28
23
4,615.57
545.83
103,399.29
15,312.91
222,024.71
24
4,626.69
534.71
108,025.98
15,847.62
217,398.02
25
4,637.83
523.57
112,663.81
16,371.19
212,760.19
26
4,649.00
512.40
117,312.81
16,883.59
208,111.19
27
4,660.20
501.20
121,973.01
17,384.79
203,450.99
28
4,671.42
489.98
126,644.43
17,874.77
198,779.57
29
4,682.67
478.73
131,327.10
18,353.50
194,096.90
30
4,693.95
467.45
136,021.05
18,820.95
189,402.95
31
4,705.25
456.15
140,726.30
19,277.10
184,697.70
32
4,716.59
444.81
145,442.89
19,721.91
179,981.11
33
4,727.95
433.45
150,170.84
20,155.36
175,253.16
34
4,739.33
422.07
154,910.17
20,577.43
170,513.83
35
4,750.75
410.65
159,660.92
20,988.08
165,763.08
36
4,762.19
399.21
164,423.11
21,387.29
161,000.89
37
4,773.66
387.74
169,196.77
21,775.03
156,227.23
38
4,785.15
376.25
173,981.92
22,151.28
151,442.08
39
4,796.68
364.72
178,778.60
22,516.00
146,645.40
40
4,808.23
353.17
183,586.83
22,869.17
141,837.17
41
4,819.81
341.59
188,406.64
23,210.76
137,017.36
42
4,831.42
329.98
193,238.06
23,540.74
132,185.94
43
4,843.05
318.35
198,081.11
23,859.09
127,342.89
44
4,854.72
306.68
202,935.83
24,165.77
122,488.17
45
4,866.41
-294.99
207,802.24
24,460.76
117,621.76
46
4,878.13
283.27
212,680.37
24,744.03
112,743.63
47
4,889.88
271.52
217,570.25
25,015.55
107,853.75
48
4,901.65
259.75
222,471.90
25,275.30
102,952.10
49
*102,952.10
247.94
325,424.00
25,523.24
0.00
`The final
payment has been adjusted to account for payments having been rounded to the
nearest cent.
50 of 95
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CRY Of
FAT' I -
» C* "Mcm MWD
AGENDA TRANSMITTAL
Subject:
Resolution R -13 -28
PEA Collective Bargaining Agreement
Ratification
PBA Collective Bargaining Agreement
Update
r Submittal by:
SUMMARY
Agenda No. 12A - f
Department Origin: Git , Mana er i r`) li
Administrative Srvc:. � � ','
City Attorney:
City Clerk: `--
Date Submitted: 18 SEP 13
For Agenda Of: 25 5EP 13
With direction from City Council, management has tentatively agreed to a new three -
year Collective Bargaining Agreement (CBA) with the Police Benevolent Association
(PBA) and the Public Employees Association (PEA). The agreements would promulgate
personnel costs for FY 14, FY 15 and FY 15. Pursuant to statutes, each bargaining unit
must ratify the agreement. On Tuesday, September 17 and Wednesday, September 18
the ratification votes were Meld. The PEA passed the CBA by a vote of 26 - Yes and 15 -
No. The PBA rejected the CBA by a vote of 10 —Yes and 16 - No.
In this situation, the PEA CBA is ready for Council consideration. The PEA CBA
essentially addressed these areas
X Three Year Contract
End Furlough Days (4.6% Increase)
3% COLA Year 2 (FY 15)
COLA Negotiations Year 3 (FY 16)
No Merit Increases
Cleaning Allowance for Code Enforcement & Evidence Technician Positions
r Work Week Language Clarified
Grievance Procedure Modification
Pursuant to statutes, because the PBA unit did not ratify the CBA, management and
bargaining representatives must meet again to re -open negotiations, Staff will be in
contact with Council to discuss this matter.
RECOMMENDATION
Staff recommends adoption of R -13 -28 (PEA CBA).
Staff will be developing a recommendation for the PBA CBA.
71 of 147
RESOLUTION NO. R -13 -28
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING
UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION
(CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1,
2013 THROUGH SEPTEMBER 30, 2016; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Coastal Florida Public Employees Association (CFPEA) is certified with
the Florida Public Employees Relations Commission as the Bargaining Unit for certain
employees of the City of Sebastian; and
WHEREAS, the City of Sebastian and the CFPEA Bargaining Unit have negotiated a new
agreement supplanting and superseding the prior agreement and covering the period from
October 1, 2013 through September 30, 2016; and
WHEREAS, the PEA Bargaining Unit has voted in favor of ratifying said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, as follows:
SECTION 1. AUTHORIZATION. The City Council hereby authorizes the City Manager
to execute the attached Collective Bargaining Agreement between the City of Sebastian and the
Coastal Florida Public Employees Association, as the employment agreement for the bargaining
unit employees for the period from October 1, 2013 through September 30, 2016.
SECTION 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are
hereby repealed, including Resolution No. R- 11 -26.
SECTION 12. EFFECTIVE DATE. This Resolution shall become effective immediately
upon adoption.
The foregoing Resolution was passed for adoption by Council Member
, was seconded by Council Member , and upon being put to
a vote, the vote was as follows:
Mayor Bob McPartlan
Vice Mayor Don Wright
Councilmember Jerome Adams
Councilmember Andrea Coy
Councilmember Jim Hill
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The Mayor thereupon declared this Resolution duly passed and adopted this day
of )2013.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
Sally A. Maio, MMC
City Clerk
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Robert A. Ginsburg, City Attorney
Bob McPartlan, Mayor
2
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My of
SEBAST
HOME OF PELICAN ISLAND
COLLECTWE BARGAINING AGREEMENT
BETWEEN THE
UTY OF SEBASTIAN
=6
THE COASTAL FLORWA PUBUC
EMPLOYEES ASSOUAT�ON
Au u�, 0 13 - C, punter C-,
I t itten in :111 e
October 1, September 30, 20U,
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TABLE OF CONTENTS
ARTICLE
TITLE
Page
Agreement
3
Preamble
3
1
Union Recognition
4
2
Management Rights
'5
3
Bargaining Unit Representation
6
4
Dues Deduction
7
5
Rights of Employees
8
6
No Strike
8
7
Hours of Work and Overtime
9
8
Seniority /Layoff/Recall
12
9
Miscellaneous Paid Leave
15
10
Sick Leave
19
11
Annual Leave
21
12
Grievance Procedure
24
13
Holidays
27
14
Promotions, Transfers and Adjustments .
28
15
Group Insurance
31
16
Retirement Contribution
32
17
Performance Evaluations
33
18
Safety
35
19
Disciplinary Action
38
20
Salary
38
21
Substance Abuse Testing
39
22
Uniforms
39
23
Tuition Reimbursement
39
24
Merit/Step Pay Plan
40
25
Severability
42
26
Counseling
42
27
Term of Agreement
43
Appendix A
Grievance Form
44
2
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AGREEMENT
,i
Section 1 This Collective Bargaining Agreement ( "Agreement ") is entered into by the City of
Sebastian, Florida ( "City" or "Employer ") and Coastal Florida Public Employees
Association ( "PEA "), and has as its purpose the promotion of harmonious relations
between the City and PEA; the establishment of an equitable and peaceful procedure for
the resolution of differences; and includes the agreement of the parties on the standards of
wages, hours and other conditions of employment covered hereunder.
Section Z Throughout this Agreement inasculine gender pronoun shall be read to incl de feminine
gender where appropriate.
PREAMBLE
IV, !;
Whereas, the intent and purpose of this Agreement is to maintain and farther harmonious and
cooperative labor management relations upon a constructive and sound foundation;
Whereas, the cornerstone of this foundation is the mutual acceptance and recognition of the rights
and obligations of both parties, in order that the joint responsibilities of the public employer and public
employee to represent the public be fulfilled and the order and uninterrupted functions of government be
assured; and
Whereas, the City is engaged in furnishing essential public services vital to the health, safety,
protection, and comfort of the residents of Sebastian; and
Whereas, both the City and its employees have a high degree of responsibility to the public in so
serving the public without interruption of these services; and
Whereas, since both parties recognize this mutual responsibility, they have entered into this
Agreement as an instrument and means to permit them to fulfill said responsibility;.
Now therefore, in consideration of the premises and promises set forth herein and the benefits and
advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by
reason thereof, and said parties hereby agree as follows:
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ARTICLE X E 2
MANAGEMENTRIGHTS
2.1: The management of the City and the direction of the workforce are vested excursively in the City
subject to the terms of this agreement. Nothing in this Agreement shall affect the right of the City
to determine the standards of service offered the public; to maintain the efficiency of the City's
operations; to determine the methods, means and personnel by which the City's operations are to
be conducted; to direct the work of its employees; to hire, promote, demote, transfer, assign and
retain employees in positions; to discipline, suspend or discharge employees for just cause and to
relieve employees from duty because of lack of work; or to take any action, not inconsistent with
the express provisions of this Agreement, necessary to carry out the mission of the City. All
matters not expressly covered by the language of this agreement may be administered for its
duration by the City in accordance with such policy or procedure as the City frorn time to time
may determine.
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�'fk- d. 1'-
11 UE,S DEDUCTION
4.1: Upon receipt of stipulated lawfully executed Assignment of Wages /Dues Deduction form, from
an employee, the Employer agrees to deduct the regular dues of the PEA from the employee's pay
semi- Enonthly. Such dues will be remitted monthly to the home office of the PEA Bargaining
Unit. The PEA agrees to notify the Employer, in writing, at least thirty (�4) days prior to the
effective date of any changes in the regular dues structure.
4.2: Revocation of dues will be processed through the PEA., but in the event of direct revocation, the
PEA will be notified as soon as is practicable.
4.3: The PEEL, agrees to indemnify and hold harmless the Employer, its agents, employees and
officials from and against any claims, demands, damages or causes of action (including, but not
limited to, claims, etc., based upon clerical or accounting errors caused by negligence,) of any
nature whatsoever, asserted by any person, firm or entity, based upon or related to payroll
deduction of PEA dues. The PEA agrees to defend, at its sole expense, any such claims against
the Employer or its agents, employees, and officials. The term "official" as used herein includes
elected and appointed officials.
4.4: Nothing contained herein shall require the Employer to deduct or to otherwise be involved in the
collection of delinquent dues, fines, penalties, or special assessments of the PEA.
4.5: An assignment of Wages /Duos deduction may be canceled by the employee upon thirty- (30)
day's written notice to both the City and the PEA.
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7.1:
ARTICLE 7
HOURS OF WORK AND OVERTIME
Basic Work Week:
(a) m A u i, W 01i, week for regular toll -time employee_: shall ordi -na it " consisi
lours u- °f AICC : startina at 11 ::0,1 a.m. Sunda,,r and enArm at 12.00 midnight
ttniess specified ur sche-duied b� the Head to Tnecr i(rLd w
reuirprarr,r� �,f In eensti-,ued as
--
hours Pef-iNeek, stmiing at 1101 a.m. Sunday 4 i2.,90
t i91n othe—vise weeiAed or seheduled +Lie r] Head to _ t ,r'e�
(b) The basic workweek for regular part -time employees shall consist of those hours they are
required to work by their Department Head or his designee.
(c) Meal periods shall not be considered time worked.
(d) Bargaining unit members will be entitled to a one (1) hour meal break, which will be
taken at the discretion of their immediate supervisor. Bargaining unit members will also
be entitled to two (2) paid fifteen (I5) minute work breaks one in the morning and one in
the afternoon. Bargaining unit members will be paid for an eight (8) hour day. In order to
be entitled to the 3,0 minute paid Iunch, the employee must have worked four and a half
(4.5) hours of their shift.
Flours of Operation
1. Administrative bargaining unit member's hours of work are from 8:00 a.m. to
4:30 p.m. Monday through Friday.
2. Non - administrative bargaining unit member's hours of work are from 7:00 a.m.
to 3:30 p.m.
3. The hours of operation for both Administrative and Non - administrative
bargaining unit members may be changed from time to time at the discretion of
the Department Head.
(e) The two fifteen (15) minute work breaks will not be taken immediately before and/or
immediately after the meal break, and it must be used or lost. It cannot be used to make
up for late arrival or for leaving work early.
(f) The City will make a good faith effort to find work for employees who want to continue
working when adverse weather conditions do not permit outside work. If no work is
available, and based on the employee's job description, employees may use accrued
n
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vacation, personal, or compensatory time, (if earned) to leave work for the remainder o
the day.
7.2: Communications Division:
(a) Fourteen (14) days shall constitute a normal work period for the communications
Division of the Police Department, starting at 12:€11 a.m. Sunday and ending at 12 :00
midnight on Saturday fourteen days later. Such unit members shall be entitled to one
(30) minute meal break and two (2) fifteen (15) minute paid breaks per each eight (8)
hour shift, to be taken at the discretion of their immediate supervisor. However, if the
bargaining unit member works a twelve (12) hour shift, they are entitled to one (1) thirty
(30) minute meal break and three (3) fifteen (15) minute paid breaks.
M Hours worked in excess of eighty (80) hours in a fourteen (14) day work period shall be
compensated at the rate of time and one -half (1 %) of the bargaining unit member's
regular hourly wage.
73: Overtime:
(a) Overtime will be authorized only when it is in the interest of the Employer and is the
most practicable and economical way of meeting workloads or deadlines.
(b) All authorized and approved time worked in excess of forty (40) hours in any one
workweek is considered overtime worked and shall be either paid at the rate of one and
one -half (I lz) tithes the hourly rate of the employee, or by compensatory time off at the
rate of one and one -half (1 -112) hours for each hour worked over forty (40) hours.
(c) For the purpose of overtime computation, time spent by a bargaining unit member on any
approved leave with pay (excluding compensatory time) will be considered as time
worked. Emergency closure hours will be considered time worked for the purpose of
computing overtime.
I . Bargaining unit members who work overtime during a forty- (40) hour week and use
sick leave time within that forty -hour week will be eligible for overtime pay. The
employee requesting compensatory time and having used sick leave during the forty -
(40) hour workweek will earn the compensatory time at the rate of one and one -half
(1 -' /z) times the hourly rate of the employee.
(d) 1. If a bargaining unit member has accrued earned overtime, he or she may elect,
with the approval of the Department Head, to use compensatory time off rather than
be paid for the overtime.
2. A bargaining unit member may accrue up to a maximum of one hundred twenty
(120) hours of compensatory time in any Fiscal Year of which eighty (80) hours may
be carried over from year to year. All compensatory time in excess of eighty (80)
hours up to one hundred twenty (120) hours must be used in the same Fiscal Year it
is earned (and by September 30th) or the remaining balance of unused compensatory
time up to forty (40) hours will be converted to the bargaining unit members current
hourly rate of pay and added to their first pay check in October. At the bargaining
unit member's option they may request pay -out for all accrued compensatory time up
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_�M
q1J,
to one hundred -twenty (1240 hours earned in any fiscal year, Accrued compensatory
time will be converted to the bargaining unit member's current hourly rate of pay and
added to their first pay check in October. Written request for payout for all or partial
accrued compensatory time must be submitted by the first week in September of each
fiscal year.
3. Bargaining unit member's wishing to use accrued compensatory time off must follow
the same procedures as an employee wishing to take vacation time. In any situation,
the bargaining unit member must receive prior approval to use compensatory time off
except in emergency situations. The 'bargaining unit member's Department Head
shall attempt to accommodate the desires of the employee as to the time off desired,
work schedule and conditions permitting.
(e) No bargaining unit member will be placed in a leave without pay status during the basic
workweek in order to deprive him or her of the right to earn compensable overtime.
Upon approval of the Department Head, employees may elect to flex their hours in
excess of 40 hours within the same seven -day workweek.
(f) Bargaining unit members shall be required to work overtime when assigned unless
excused by the Department Head. Any bargaining unit member who desires to be
excused from an overtime assignment shall submit to their Department Head a written
request to be excused. In the event that the Department Head cannot schedule a suitable
overtime work force from the complement of employees who have not requested relief
from overtime, employees who have approved written relief requests on file will also be
required to work overtime.
(g) If a bargaining unit member leaves the service of the City s/he will be paid for all accrued
compensatory time at the bargaining unit member's current hourly rate of pay to a
maximum of one hundred twenty (120) hours if earned and not used in any one fiscal
year.
7.4: Call -Out
When a bargaining unit member is called back to work after his or her normal workday, he or she
shall receive a minimum, of two (2) hours pay at the overtime rate. When a bargaining unit
member is assigned to attend a scheduled City meeting to perform work after his /her normal work
day, the bargaining unit member shall be entitled to a minimum of one (1) hour pay at the
overtime rate, if applicable, and shift differential if appropriate. Travel time shall be included as
time worked. Hours in excess of forty (40) hours per week will be paid at the rate of time and
one -half (1 'f2) the bargaining unit members regular hourly rate of pay.
7.5: Shift Differential
Any bargaining unit member who works either regularly scheduled hours or overtime hours that
fall between 7 P.M. and 7 A.M. shall be entitled to a shift differential equal to five percent (5 %)
of their regular hourly rate of pay for each hour worked. The bargaining unit member must work
a minimum of three (3) hours during the established hours set above before they will be entitled
to receive shift differential. Any bargaining unit member who works less than three (3) hours
will not receive shift differential for those hours worked.
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L
7.6: The City will Y a bar ainm unit members the Florida State Statutes Meal Allowance for those
p g g
members assigned a regular shift, who have completed their shift, and who have to cover a full
additional shift when staff has a shortage and it was unexpected.
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ARTICLE $
SENIORITY/LAYOFF/RECALL
8.1: Definitions:
(a) City seniority is the total cumulative length of uninterrupted regular full -time or regular
part -time employment of a bargaining unit member by the Employer, measured from the
most recent date of regular employment by the Employer, except as provided in Section
8.2 below.
(b) Classification seniority is the length of regular full -time or regular part-time service by a
bargaining unit member in a job classification.
(c) City seniority shall apply for the purposes of layoff, vacation computation, service
awards, or other matters based upon length of service.
8.2: Accrual of Seniority:
(a) Employees shall be placed in a probationary status for the first six (6) montlis of
employment in any job classification. Probationary employees accrue no classification
seniority until they become permanent regular employees, whereupon their classification
seniority shall begin from the date of entry into the classification. An employee who has
completed his or her initial probationary period shall continue to accrue City seniority
notwithstanding subsequent probationary period(s) resulting from promotion to a different
job classification.
(b) Any bargaining unit member who is on an unpaid leave of absence shall not accrue, nor
shall they to ,&se, seniority. Seniority accrual shall begin on the first day of the members
return to work.
8.3: Loss of Seniority:
Bargaining unit members shall lose City and classification seniority only as a result of:
(a) voluntary resignation;
(b) retirement;
(c) discharge;
(d) layoff for a period exceeding twelve months;
(e) absence from work without authorization;
(f) failure to return from military leave within the time limit prescribed by law;
(g) approved leave of absence without pay of one (1) year or more.
8.4: Work. Force Adjustment and Lay -off
(a) When work force adjustment becomes necessary due to lack of work, shortage of funds,
discontinuance of operations, or the subcontracting out of City services, the Employer
may lay -off employees. The PEA and the affected bargaining unit member(s) shall be
notified in writing not less than sixty 60 calendar days prior to the effective date of such
lay -off.
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(b) If the City fails to provide the employee(s) with a sixty- (60) day written notice of lay-
off, the City will pay the employee(s) the equivalent of twenty (20) days of pay. Such
payment will be paid in two (2) bi- weekly increments.
(c) The duties performed by any laid off bargaining unit member may be reassigned to other
barganling unit members already working who hold positions in appropriate
classifications.
(d) No regular full -time bargaining unit member shall be laid -off while a probationary, part -
time, or temporary employee remains employed in the same job classification.
(e) Permanent, regular full -time bargaining unit members who receive a notice of lay -off
shall have the right, in accordance with their seniority, to transfer or downgrade
(commonly known as "bumping") or to take the lay -off. Bumping shall only be
permitted in the event of lay -off, in accordance with the following procedures:
(1) Affected bargaining unit members shall have five (5) calendar days, from the
date they are notified by management of the lay -off, to notify management
whether they desire to bump or take the lay -off_
(2) Management shall identify the position that may be bumped within five (5)
calendar days and explain the options to the affected bargaining unit member(s).
Position classifications that are available for bumping will only be for the same
grade or less than the bargaining unit member's current position. If the
bargaining unit member possesses the minimum qualifications for that position,
and has greater City seniority than the present occupant of that position, the
bumping shall take effect within five (5) calendar days from the date of the
notification, If otherwise eligible, the bumped bargaining unit member may then
proceed himself in accordance with Section 8.4 (d) of this article. In no event
will a bargaining unit member bump another member in a higher classification.
(3) In the event that two or more affected bargaining unit members have the exact
same citywide seniority, the bargaining unit member with the least classification
seniority will be laid off Furst. If both bargaining unit members have equal
seniority, the bargaining unit member who applied for the position first will
retain the position. This will be determined by the time /date stamp issued by
Administrative Services on the employment application when it was first
received.
(4) A bargaining unit member bumping to a different job classification shall be
placed in a probationary period of six (6) months. If, in the opinion of the City,
the bargaining unit member cannot satisfactorily perform the duties of the
position to which the member has bumped, the bargaining unit member will be
laid off.
(5) A bargaining unit member bumping to a job classification which is lower than
their present job classification will take a 3% per Grade not to exceed nine (9 °fu)
percent reduction in pay and be placed on the pay scale to the closest step in the
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new job range. In no case will a bargaining unit member be paid more than the
maximum rate of the lower classification.
(f) Probationary employees shall have no bumping rights. An employee who is in a
probationary status as of the date of notice of the lay -off, but who has previously
achieved permanent status in a lower job classification, may revert to such lower
classification for the purpose of exercising bumping rights. If the employee reverts to the
lower classification, their pay is adjusted to the pay they previously held prior to the
promotion.
(g) Regular part-time employees may only bump other part -time employees.
(h) Exempt employees cannot bump into the bargaining unit unless they held a bargaining
unit position within the past I year.
8.5: Recall:
(a) Recall of laid -off bargaining unit members shall be made in accordance with City
seniority. Initial contact shall be made by phone. If no response is obtained, a certified
Ietter, return receipt requested, to the bargaining unit member's last known address, shall
be mailed. Laid -off bargaining unit members who desire to be recalled shall keep the
Employer continuously informed of their current mailing address, or lose their recall
rights.
(b) Within three (3) working days after receipt of a notice of recall, recalled bargaining unit
members who desire to return to wort: must notify the Employer and advise that they
intend to return to work, or they will lose their recall rights. Recalled bargaining unit
members must return to work fit for duty within ten (10) working days of the receipt of a
recall notice, or they will lose their recall rights.
(c) Bargaining unit members who are laid -off will be available for recall for 1 year for any
position in the same or lower pay grade.
15
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M
9.2:
ARTICLE 9
MISCELLANEOUS PAID LEAVE
Bereavement Leave:
(a) With the approval of the Department Head, paid bereavement leave, not to exceed five
(5) consecutive working days (forty 40 hours), may be granted to a regular full -time or
(twenty 20) hours for regular part -time bargaining unit member in the event of a death in
the bargaining unit member's immediate family. For purposes of this provision, a
"bargaining unit member's immediate family" is defined as the member's spouse, parent,
step parent, child, step child, brother, sister, grandparent, grandchild, father -in -law,
mother -in -law, or any relative who is domiciled in the member's household. Funeral
leave shall not be charged to annual leave, personal Ieave, and sick leave or to
compensatory time. Any absence in excess of five (5) days or forty (40) consecutive
hours, in connection with approved funeral leave, will be charged at the bargaining unit .
member's discretion to accrued compensatory time, annual leave, sick leave, personal
leave or, if no leave is accrued, to leave without pay. Said paid leave time shall be taken
by the bargaining unit member within I4 calendar days_ Within thirty- (30) calendar
days from the date the bargaining unit member returns to work from a death in the
family, the bargaining unit member will file a copy of the death certificate of the
deceased. Said death certificate will be attached to a leave request form and forwarded to
the Department of .Administrative Services for processing. Failure to produce a death
certificate will result in the bargaining unit member reimbursing the City for any paid
leave taken under this Article. Any bargaining unit member found to have falsified his or
her application to use this time will be disciplined up to and including dismissal. It is
understood that under certain circumstances the bargaining unit member will be unable to
obtain a death certificate. In this event, in lieu of a death certificate, the bargaining unit
member shall submit a newspaper account showing the death and the relationship of the
deceased to the bargaining unit member and/or other appropriate criteria as deemed
appropriate by the Administrative Services Director.
(b) For non - immediate family, bargaining unit members have the option to use accrued
annual leave, compensatory time or personal leave, for the attendance of funerals.
Bargaining unit members will supply their supervisor with written notification for this
request in as timely manner as possible. The supervisor will make every effort to comply
with the provision of this section. In the event that the bargaining unit member does not
have any accrued annual, compensatory, or personal leave they may request to use sick
leave.
Court Leave /Ju Du 1y:
(a) Bargaining unit members attending court, as a witness on behalf of the City, any other
public jurisdiction or for jury duty during their normal working hours shall receive leave
with pay for the hours they attend court. The City of Sebastian Travel Policy will be used
for travel expenses, excluding jury duty.
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9.3.
9.4:
9_S
W
(b) All bargaining unit members subpoenaed to attend court for work related reasons are
eligible for leave with pay. Those bargaining unit members who become plaintiffs or
defendants are not eligible for leave with pay, unless the court appearance is a direct
result of their employment.
(c) Bargaining unit members who attend court or jury duty for only a portion of a regularly
scheduled work day shall report to their supervisor when excused or released by the
court.
(d) Bargaining unit members required to attend court or jury duty while on a scheduled
vacation may be allowed to take court leave /jury duty instead of vacation leave for such
period; provided the court attendance meets the requirements of this section.
(e) Bargaining unit members who seek to be excused from duty under this section shall
present official notice of their subpoena or jury duty notice to their supervisor at least
twenty -four (24) hours in advance of the scheduled time unless the bargaining unit
member actually receives less than twenty -four (24) hours advance noticed. Bargaining
unit members who are required to be absent for either reason shall submit documentation
to the Employer showing all days or hours of court leave/jury duty upon return to work.
(f) Consistent with existing City policy, the bargaining unit member shall remit to the
Employer any and all compensation received for court leave /jury duty, excluding
payment for travel and meals,
Conference Leave:
The Employer may grant conference heave with pay, together with necessary travel expenses, for
bargaining unit members to attend conferences, schools, and similar events designed to improve
their efficiency, if considered to be in the best interest of the Employer. All leave and expenses
will be recommended by the Department Head subject to approval of the City Manager.
City agrees to grant request for leave of absence with or without pay in accordance with the
Family and Medical Leave Act (FMLA) and City Policy.
MilitM Leave
The existing current City Policy pertaining to Military Leave will be followed for this Article.
Leave Without Pa
(a) The decision to grant a leave without pay (leave of absence) is a matter of management
discretion. It shall be incumbent upon each Department Head to weigh and to determine
each case on its own merits, including time off for PEA business.
(b) A bargaining unit member may be granted a leave of absence without pay for a period not
to exceed one (1) year for sickness, disability, or other good and sufficient reasons, which
are considered to be in the best interests of the City.
(1) Such leave shall require the prior approval of the Department Head and the City
Manager or his designee. Before such leave of absence will be granted, the
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�• f
bargaining unit member must exhaust all accrued vacation, compensatory and, if
appropriate, sick leave.
(2) Voluntary separation from City employment, to accept employment outside of the
service of the City, shall be considered an insufficient reason for approval of a
request for leave of absence without pay.
(3) If for any reason a leave of absence without pay is given, the leave of absence may
subsequently be withdrawn by the City Manager, and the bargaining unit member
recalled to service.
(4) A bargaining unit member granted a medical leave of absence must submit a written
Doctor's note stating the length of time they will be out of work. In addition, the
bargaining unit member must keep the Administrative Services Department advised
of his or her current address at all times. A copy of this written status report will be
forwarded to the City Manager. If a Doctor's note is not submitted, the bargaining
unit member will be considered as on an unauthorized leave of absence and
appropriate disciplinary action shall be taken. The bargaining unit member will be
carried in a no pay status for all days that they are absent without medical
authorization.
(5) A bargaining unit member who obtains either part-time or full -time employment
elsewhere while on an authorized leave of absence is required to notify his
Department Head in writing within three (3) days of the acceptance of such
employment or they will be terminated from City employment.
(6) Failure to comply with the notification requirements will result in the bargaining
unit member being dropped from leave of absence status, in which case he/ /she must
return to duty or be dismissed.
(7) At least two (2) weeks prior to the expiration of the leave of absence, the bargaining
unit member must contact the Administrative Services Department in order to
facilitate the reinstatement process.
(8) Failure by a bargaining unit member to return to work at the expiration of a leave of
absence shall result in immediate dismissal from employment with the City.
(c) Under no circumstances shall the City contribute any funds towards the CWAIITU
pension plan while the bargaining unit member is on an unpaid leave of absence. During
the time the bargaining unit member is on leave without pay, the member will not accrue
neither sick nor annual leave and accrual of seniority is suspended until they return to
regular duty.
(d) A bargaining unit member on an approved leave of absence may continue to participate
in the group health insurance plan, provided that all necessary premium payments are
made by the bargaining unit member. It is the bargaining unit member's responsibility to
keep premium payments current.
(1) The insurance premium payment must be made by the 20th of the preceding
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month in which the payment is due. If the payment is not made by the 20th of the
preceding month in which it is due, coverage will be canceled as of the beginning
of the delinquent period.
(2) if coverage is canceled during an approved leave of absence, it may be reinstated
upon the bargaining unit member's return to active duty consistent with die plain's
requirements.
9.7: Eligibility:
Only regular full -time and regular part -time bargaining unit members are eligible for the
miscellaneous paid leaves provided by this Article. All such benefits are personal to the
bargaining unit member and shall not be transferable.
9.8: Personal Leave
(a) Each regular full -time bargaining unit member shall be entitled to three (3) days of
personal leave per year. Such leave is subject to Department Head approval.
Probationary employees (new hires) will not be entitled to use Personal leave time until
they have completed their six (6) month probationary period.
(b) All regular part -time employees shall receive three (3) days of personal leave per year..
Personal leave days will be computed at one -half the rate of a regular full -time employee
or four (4) hours. Such leave is subject to Department Head approval.
Eli ibg it .
I . Temporary and seasonal employees are not eligible for personal leave.
2. Part -time employees working less than forty - (40) hours per pay period are not
eligible for leave benefits.
1 Bargaining unit members must accumulate at least forty (40) working hours
during the fiscal year to be entitled to Personal Leave. Working hours are
determined by time actually present, on City time, including all paid meal and
break. periods.
(c) Personal leave may be used in fifteen (15) minute increments.
(d) Personal leave requires advance written request, except in emergency situations.
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ARTICLE 10
SICK LEAVE
10.1: Eligibility /Accrual of Sick Leave:
(a) Only regular full -time and part -time employees are eligible to accrue sick leave. Regular
full -time employees will accrue sick leave at the rate of ninety -six (96) hours per calendar
year or 3.692 hours per pay period. Regular part-time employees will accrue sick leave
at the rate of forty -eight (48) hours per calendar year or 1.846 hours per pay period. Sick
leave will accrue bi- weekly over twenty -six (26) pay periods. Part -time employees will
accrue sick leave based on a forty- (40) hour pay period. This is at one -half the accrual
rate of a full -time employee. Part-time employees working less than a forty- (40) hour
pay period are not eligible to accrue sick leave benefits,
Eligibility:
1 Temporary and seasonal employees are not eligible for sick leave benefits.
1 New employees start to earn sick leave from their date of hire.
10.2: Request for Sick Leave:
a) Any bargaining unit member who is incapacitated and unable to work shall notify his/her
immediate supervisor or designee within one (1) hour prior to his/her scheduled reporting
time, except in an emergency situation. The bargaining unit member shall state the
nature of his/her incapacitation, its expected duration, and the expected period of
absence. The bargaining unit member shall repeat this procedure each day he/she is
unable to report for work, unless excused by the Department Head.
(b) If a. bargaining unit member is absent from wort: in excess of three (3) consecutive days
due to an illness, the member may be required to submit a doctor's note to the Department
Head, or his/her designee, attesting to the employees ability to return to work with or
without restrictions.
10.3: Use of Sick Leave:
(a) Sick leave may be used for the following purposes:
home.
(1) employee ill health or;
(2) medical, dental, or optical treatment required during working hours;
(3) quarantine due to exposure to infectious disease;
(4) employee ill health while on annual leave;
(5) in connection with Workers' Compensation;
(6) for death in employee's immediate family; and
(7) illness of an immediate family member requiring the employee to remain at
(b) Whenever it appears that a bargaining unit member abuses sick leave, such as when a
member consistently uses sick leave immediately upon its being accrued or before and
after holidays or weekends, the member shall be required to furnish a doctor's note
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verifying that the member was medically unable to report to work on those days. Failure
to provide such notice will result in no pay for the day (s) in question.
(c) Sick leave may be used for absences due to illness or injury sustained while engaged in
outside employment.
(d) Bargaining unit members may not use sick leave during their first sixty- (60) days of
employment. If an employee resigns or is otherwise terminated during the first six (6)
months probationary period, he/she will reimburse the City for all sick leave used by
deducting the cash equivalent of hours used from his/her final pay check.
(e) Upon separation from employment in good standing (resignation or retirement with a
two -week notice or medical separation), a bargaining unit member is eligible to be paid
for a percentage of his/her accrued balance of sick leave up to a maximum of 600 hours.
The percentage is as follows:
If separated before completing first year
_0%
1 — 5 completed years of service
-25%
6 years to 10 completed years of service
-50%
11 years to 20 completed years of service
-75%
Over 20 years of completed service
- 100%
Bargaining unit members hired on or after October 1, 2011 shall not be eligible for the
provisions of Article 10.3(e).
(f) Every bargaining unit member entitled to sick leave benefits and who has been employed
for one (1) full fiscal year and who does not take sick leave during a fiscal year (October
Ist through September 30th) shall be given one (1) day's pay to be added to their
paycheck during the first full pay period in December. Such bargaining unit member
shall also be given his/her birthday off with pay, subject to the individual departments
work schedule. If work requirements do not reasonably permit the bargaining unit
member to take time off from work on his/her birthday, or if the birthday falls on a
holiday or a regular day off, some other mutually agreed upon day near the bargaining
unit member's birthday may be taken off with pay.
(g) Once a bargaining unit member accrues 324 hours of sick leave they may at their option
convert fifty (50 %) percent of any unused accrued sick leave in excess of 320 hours to
annual leave as of September 30 of each fiscal year. Bargaining unit members, who
elect not to convert their sick leave, will retain their sick leave benefit as currently
provided in the contract. if the bargaining unit member is at the maximum vacation
accrual as of September 30 of each fiscal year, the sick conversion process cannot be
allowed.
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11.2:
ARTICLE 11
ANNUAL LEAVE
Eli ibg ility:
Only regular full -time and regular part -time bargaining unit members are eligible to accrue paid
annual leave. Probationary employees will be allowed to use accrued annual leave at the
approval and discretion of their immediate Department Head or his/her designee. Temporary or
seasonal employees are not eligible for the accrual of annual leave.
Rate of Accrual:
(a) Annual Ieave is earned on a pro -rata basis. The bi- weekly pay period is divided over
twenty -six. (26) pay periods. Full -time employees will accrue annual leave based on their
years of service with the agency. The accrual rate for regular part-time employees will be
at one -half the accrual rate of a regular full -tune employee with the same number of years
of service. Part -time employees who work a minimum of forty - (44) hours per pay
period will accrue annual leave. (see rate schedule below). To clarify the rate at which an
employee accrues annual leave the following tables will be used.
Eligibility:
A. Temporary and seasonal employees are not eligible for annual leave benefits.
B. Part -time employees working less than a forty- (40) hour pay period are not eligible for
annual leave benefits.
Table #1:
Full Time Employees
Length of Service
1 Year but less than 5 Years
5 Years but less than 10 Years
10 Years but less than 2t; 15 Years
15 Years but less than 20 Years
20 Years and over
Table #2
Part - Time Employees
Length of Service
1 Year but less than 5 years
5 Years but less than 10 Years
10 Years but less than 20Years
20 Years and over
Bi- weekIy
Accrual Rate
3.077 hours
4.615 hours
6.15 hours
6.92 hours
7.69 hours
Bi- weekly
Accrual Rate
1.54 hours
2.31 hours
3.07 hours
3.85 hours
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Annual Leave
Hours Earned
80 hours (10 working days)
120 hours (15 working days)
160 hours (20 working days)
180 hours (22.5 working days)
200 hours (25 working days)
Annual Leave
Hours Earned
40 hours
60 hours
80 hours
100 hours
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11.3: Request for Annual Leave
(a) A request for annual leave shall be submitted, in writing, to the bargaining unit member's
Department Head.
(b) A request for leave shall not be granted if the bargaining unit member has no accrued
balance of annual leave.
(c) The minimum charge against the accrued annual leave balance is fifteen (15) minutes.
Fifteen (15) minutes shall be deducted from a bargaining unit member's accrued leave
balance for each minute hour, or part thereof that a bargaining unit member is actually
absent from his/her duty station.
(d) Annual leave may not be taken in advance of its approval by the Department Head. In an
emergency situation accrued annual leave may be used only with the approval of the
bargaining unit member's department head or designee.
(e) Except under unusual circumstances, Department Heads shall approve or disapprove a
written leave request within five (5) working days after receipt of said request.
(f) Annual leave shall not be used in advance of its being earned.
11.4: Use of Annual Leave:
(a) Annual leave may be used for the following purposes:
(1) vacation;
(2) absences from duty for transaction of personal business, which cannot be
conducted outside of working hours;
(3) religious holidays not designated as official holidays,
(4) medical leave if sick leave balance has been exhausted; and
(5) any other absences not covered by existing leave provisions, at the
discretion of the Employer.
(b) Any bargaining unit member who becomes ill while on annual leave may substitute
accrued sick leave for annual leave for the period of illness. The bargaining unit member
must submit a written request to the appropriate Department Head along with, medical
certification from the attending physician as to the nature and duration of the illness.
(c) Bargaining unit members will not be allowed to carry over from one fiscal year to the
next more than two (2) years' worth of accrued annual leave. If during the year the
bargaining unit member accrues more than two (2) years' worth of annual leave, they will
have until the last full payroll period in the fiscal year to bring their time balances dawn
to the two (2) year maximum. if the bargaining unit member does not bring the time
balance down to the two (2) year maximum by the last full payroll period of each fiscal
year, they will forfeit all hours in excess of the two (2) year maximum carryover. Annual
leave will continue to accrue beyond the limitations set forth above when a Department
Head fails to grant annual leave when requested in writing by an employee under the
provisions of this article. Proper documentation signed by the bargaining unit member's
department head will be forwarded to the Administrative Services Department where it
will be kept on file indicating the reasons for not granting the requested leave.
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(d) When a bargaining unit is out of work on approved annual leave and is called to work
during their normally scheduled working hours, their leave banks will only be reduced by
the number of hours they were off work. The bargaining unit member's rate of pay for
hours worked will be the overtime rate of 1 %. If the bargaining unit member works
beyond the normally scheduled hours, then overtime provisions will apply for those
hours. At no time will a bargaining unit member earn time and one half for call back
during the normally scheduled horn's, then another time and half (for a total of 3 xs) for
working over 40 hours in the work week.
11.5. Separation from Em to anent:
Upon retirement, resignation, or other separation from City service, all regular full -time or regular
part -time bargaining unit members shall be entitled to be paid for all of his/her unused accrued
balance of annual leave at the rate of pay received by the bargaining unit member on his/her date
of separation.
Bargaining, unit m,enihers hired on or after October 1, 201 l shall not be eligible for the provisions
of Section 1 I .S.
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ARTICLE 12
GRIEVANCE PROCEDURE
12.1: The procedure set forth in this Article shall be the exclusive method for resolving PEA and
employee grievances. Grievances are defined as disputes concerning the interpretation or
application by the Employer of the terms of this Agreement. Oral reprimands are not grievance
except those placed in the member's personnel file.
12.2: Most grievances arise from misunderstandings or disputes, which can be settled promptly and
satisfactorily on an informal basis at the immediate supervisor level. The Employer and PEA
agree that every effort will be made by management and by the grievant, or grievants, to settle
grievances at the lowest level possible.
12.3: General Provisions:
(a) All references to days in this procedure are to calendar days. If the last day of any
applicable time period is a Saturday, Sunday or holiday, the deadline is automatically
extended to the close of business of the next working day. The time limits specified in
this Article may be extended by mutual agreement in writing of the parties.
(b) Time is of the essence in this procedure. Although any time limit may be extended by
mutual written agreement of the grievant or the PEA and the Employer, the failure of the
grievant or the PEA to observe the applicable time limit shall constitute an abandonment
of the grievance, absent a mutually agreed extension.
{e) Request to bypass any steps will be in writing and must be approved by the City Manager
or his designee.
12.4: Procedure:
Step 1. Within ten ( l Q ) .00voyi P 31 days of the incident- giving rise to a grievance, the grievant
shall explain and discuss the grievance orally with his or her immediate supervisor, who
may call higher -level supervision into the discussion in an effort to achieve a prompt
satisfactory adjustment. The immediate supervisor will notify the bargaining unit
member of his/her decision within ten 101 cP;Y+-H + days of the date of the discussion
with the bargaining unit member. If the grievant is not satisfied with the immediate
supervisor's decision, or if no decision is communicated to the bargaining unit member
within the allotted time period, the bargaining unit member may appeal to Step 2 within
ten 0 4 4rvi4o vJ-ti days of the due date for the Step 1 decision.
Step 2. Step 2 is initiated by the bargaining unit member or PEA Representative riling with his
Department Head a written grievance on the standard grievance form, attached as
Appendix C. The Department Head shall schedule a meeting with the bargaining unit
member and/or PEA Representative within ten 1O' - ;. = days of the submission of
the written grievance. Within ten tl0 ;.t:�- L,-n +- days after the Step 2 grievance meeting,
the Department Head shall issue a written decision concerning the grievance. if the
grievant is not satisfied with the Department Head's decision, or if no decision is issued
within the time allotted, the grievant may appeal to Step 3.
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Step 3. Within tea_ 10 (-7) days following the date of the Step 2 decision or the date on
which it was due, whichever is earlier, the grievant or PEA Representative may file a
written appeal to the Administrative 'Services Director, attaching all applicable grievance
documents. A grievance meeting shall be scheduled within ten 10 =. e r= � days
following receipt of the Step 3 appeal. At such meeting, the grievant or PEA
Representative may present evidence and argument in support of the grievance. Within
teri 10 -it- Ic -ri ►� i days of the grievance meeting, or within ten Q 0 ew-yve (J) days of the
receipt of the Step 3 appeal if no grievance meeting is held, the Administrative Services
Director shall issue a written decision concerning the grievance.
St_ ep 4. Within ten I 10 - tea t -) days following the date of the Step 3 decision or the date on
which it was due, whichever is earlier, the grievant or PEA Representative may file a
written appeal to the City Manager. The City Manager will review all pertinent
information and schedule a hearing including due process for name clearing hearings and
issue a decision within ten 101 e4; (''p days of the hearing or ten (10 P) days of
receipt of the Step 4 appeal. If the issue falls within the range of minor disciplinary
action, i.e., any discipline Iess than suspension without pay, the City Manager's decision
shall be final and binding upon the Employer and upon the grievant. In all cases other
than minor discipline and performance evaluations, if the grievant is not satisfied with the
Step 4 decision, the PEA may invoke the arbitration procedure of Step 5.
Step 5. The PEA may invoke arbitration by sending written notice to the Employer within fifteen
(15) days of the date the Step 4 decision was issued or the date, on which it was due,
whichever is earlier. Invocation of arbitration by the PEA will not preclude settlement of
the grievance at any time prior to the issuance of an arbitrator's award.
12.5: The parties will attempt to agree upon a mutually agreeable impartial arbitrator. If, however, this
cannot be done within seven () days following the Employer's receipt of the PEA's request for
arbitration, representatives of the Employer and the PEA shall jointly submit a written request to
the Director of the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7)
professional arbitrators. Upon receipt of the list, representatives of the Employer and PEA shall
meet within ten (10) days and, beginning with the PEA, each shall alternately strike, one at a
time, until only one (1) name remains on the list. The person whose name remains on the list
shall be the arbitrator, and the parties shall jointly notify the arbitrator of his/her selection. Either
party may object to all names on the list, provided that objection is made prior to the
commencement of the striking process. If this happens, a second joint request for a list will be
made.
12.6: All arbitrations arising under this Agreement shall be conducted in accordance with the following
rules:
(a) The arbitrator shall have jurisdiction and authority to decide a grievance properly before
him.
(b) The arbitrator shall have no authority to change, amend, add to, subtract from, or
otherwise alter or supplement this Agreement or any part thereof or any amendment
thereto.
(c) The arbitrator may not issue declaratory options and shall confine himselflherself
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exclusively to the question, which is presented to him. The arbitrator shall not have the
authority to determine any other issues not submitted to him.
(d) Except in the case of termination as disciplinary action, the arbitrator shall not substitute
his/her judgment as to the wisdom or the degree of severity of disciplinary action
imposed on any bargaining unit member by the Employer. The arbitrator's inquiry shall
be limited to whether the Employer ,possessed evidence of misconduct before imposing
the discipline ultimately imposed. In the event of the arbitration of a grievance arising
out of the discharge of a bargaining unit member, the arbitrator is empowered to either
sustain the discharge or, if he/she does neat, he/she is empowered to reinstate the
bargaining unit member with or without back pay, in whole or in park, as the
circumstances warrant. Any award of back pay shall be reduced by any unemployment
compensation or other compensation the bargaining unit member may have received.
(e) The fees and expenses of the arbitrator will be paid by the losing party. Each party shall
bear the cost of its own witnesses and representatives. Any party requesting a transcript
will bear its cost, unless otherwise agreed,
(f) Copies of the Arbitrator's award, made in accordance with the jurisdictional authority
under this Agreement, shall be furnished to the parties within thirty (30) days of the
hearing, unless the parties mutually agree to extend the time limit, and shall be final and
binding on both parties.
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13.1
ARTICLE 13
HOLIDAYS
The following shall be paid holidays for all regular full -tune and part -time of the City:
New Year's Day
Martin Luther King Jr.
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve Day
Christmas Day
13.2: Generally, when a holiday falls on Saturday, the preceding Friday will be observed as the holiday.
When a holiday falls on a Sunday, the following Monday will be observed as the holiday.
However, on occasions, another day of observance may be more appropriate; in such instances,
the City Manager will establish the date and will notify all bargaining unit members in advance.
(a) For 9I1 Emergency Dispatch Technicians, Holidays will be observed on the actual
Holiday. 911 Emergency Dispatch Technicians or other employees not scheduled to
work the holiday will receive 8 hours of pay not to be counted for overtime calculation..
For example, if an employee is scheduled Tuesday thru Friday and the holiday falls on a
Monday, the employee would receive 8 hours pay for the holiday. The holiday pay would
not to be included as hours worked for the purpose of overtime calculation.
13.3: No regular full -time or part -time bargaining unit member shall receive pay for a holiday unless
he/she is in an active pay status or actually works his/her normal work schedule on the work day
immediately preceding and the work day immediately following the day on which the holiday is
observed. For purposes of this Article, "active pay status" means any approved leave with pay.
13.4: For holiday purposes, a holiday is defined as eight (8) hours for regular full -time bargaining unit
members and four (4) hours for regular part-time bargaining unit members. Holiday time for
regular part-time bargaining unit members will be computed at one -half the rate of a regular full -
time bargaining unit member who works an eight (8) hour day.
13.5: If a bargaining unit member works on the day of a holiday they will have the option of requesting
overtime for the hours worked at the time it is earned or request compensatory time in lieu of pay.
The bargaining unit member must notify their immediate supervisor in writing of their option no
later than the last workday before the holiday. If the option is not presented to the supervisor on
or before the last workday before the holiday, overtime pay compensation will be used.
Eli ibility:
A. Temporary and seasonal employees are not eligible for holiday leave time.
B. Employees working less than forty- (40) hours per pay period are not eligible for holiday
leave benefits.
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ARTICLE 14
PROMOTIONS, TRANSFERS AND ADJUSTMENTS
r'
14.1: Any bargaining unit member who fulfills all applicable requirements for another classification
with a higher rate of pay may be promoted to that position. Vacancies in positions above the
lowest rank in any classification will be filled, as far as practicable, by the promotion of current
bargaining unit members. To this end, all promotional opportunities will be advertised initially
in -house for five (5) days. Such vacancies may be advertised from outside only after any
qualified current bargaining unit applicants have been interviewed. A bargaining unit member
whose performance ratings were less than satisfactory is ineligible for promotion.
14.2: a) When a bargaining unit member is promoted to a higher Grade position, his/her new rate
of pay shall be Step I applicable to that position. If the bargaining; unit member's current
salary is higher than the Step I rate for the position to which promotion is made, the
bargaining unit member shall receive a two step increase in pay from his/her current rate
of pay. Subject to the approval of the City Manager, a greater promotional increase may
be recommended by the Department Head.
b) When a bargaining unit member is adjusted to a lower paid position (voluntarily or
through disciplinary action), he or she will take a 3 % reduction in pay per Grade-to the
closest step in the new job range. In no case will the salary be higher than the maximum
rate or lower than the Step I for the lower classification. Under no circumstances shall
any reduction result in more than a nine percent (9 %) decrease in sale.
143: The effective date of a bargaining unit member's demotion or promotion to a new job
classification shall be the bargaining unit member's new classification anniversary elate for the
purposes of classification seniority determination. The bargaining unit member must serve a
three (3) month probationary period in the new job classification. 911 Emergency Dispatch
Technicians will serve a one (1) year probationary period. If at any time during the probationary
period, the bargaining unit member is found to be unqualified for the position or incompetent to
perform the duties of the new position, he or she shall be returned to the position from which the
transfer /promotion took place at their former rate of pay. If no vacancy exists, the bargaining unit
member shall be laid off in accordance with the provisions of Article S.
14.4: A bargaining unit member may be transferred between departments when a vacancy exists in the
same classification or pay grade, which is presently unoccupied. Such a transfer does not affect a
bargaining unit members pay grade, pay rate, or anniversary date, but is subject to the fallowing
conditions:
(a) The transfer must be approved by the affected Department Heads and the City Manager.
(b) The bargaining unit member must serve a three (3) month probationary period in the new
assigned department. 911 Emergency Dispatch Technicians will serve a one (1) year probation
period.
(c) If at any time during the probationary period, the bargaining unit member is found to be
unqualified for the position or incompetent to perform the duties of the new position, he
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or she shall be returned to the position from which the transfer took place if there is a
vacancy. If no vacancy exists, the bargaining unit member shall be laid off in accordance
with the provisions of Article S.
(d) The City and the PEA agree that when there is a critical need for a bargaining unit
member to work (operate a piece of equipment) in a higher job classification, such as a
Maintenance Worker I filling in for a temporary period as a Maintenance Worker H or a.
Maintenance Worker II filling in for a Maintenance Worker III, the bargaining unit
member will receive the greater of a 3% increase to their regular hourly rate of pay (or
Step 1 of the acting Grade)_for each hour of work performed at the higher classification.
A temporary assignment means filling -in for another bargaining unit member who is on
vacation, ill, has incurred a job related injury, on FMLA, in training or absent from work
for any other legitimate reason. Temporary assignments must be for three (3)
consecutive days or more. The bargaining unit member who is working in the temporary
higher job classification will receive a 3% increase in pay (or Step 1 of the acting Grade)
for all time worked after the third consecutive work day in that assignment. Requests for
any temporary upgrades must be submitted by the immediate Department Head
identifying the need for this position being filled and must be approved by the City
Manager.
Equipment Schedule:
1) Maintenance Worker I - Will operate all equipment except, excavator, dozer,
and long arm mower.
2) Maintenance Worker II - Will operate all equipment except for excavator and
dozer.
3) Maintenance Worker III - Will operate all equipment.
(e) The Department Head, with the City Manager's approval, may, in writing, assign a
bargaining unit member to a supervisor job classification for a temporary period. The
affected bargaining unit member working a period of (3) three consecutive workdays or
more shall receive a two -step increase (or Step 1 of the Grade, whichever is greater). The
bargaining unit member will be entitled to receive the salary increase for each day
worked and all hours worked while in that temporary classification once the (3) three -day
minimum has been met.
(f) Bargaining unit members who are required to maintain a valid Commercial Driver
License (CDL) will be responsible to pay the cost of the renewal of their own driver's
license. The City will pay the bargaining unit member the difference between the base
driver's license cost and the CDL License and any of the endorsements, which the City
requires of the bargaining unit member.
14.5: Effective 10/1/05, to promote self - improvement initiatives the City agrees to pay bargaining unit
members obtaining an accredited certification in their respective field an incentive pay. Once
earned, the payment will be paid on a bi- weekly basis over 26 pay periods. It is the employee's
responsibility to notify the City if the certification is current or expired. Certifications eligible for
payment include, but not limited to the following:
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❑ ASE Automotive/Med./Heavy Truck certifications - $30 per certification, capped at $1.20
per year. Auto Technicians that obtain a Master's Technician designation will be eligible
for $500 annually.
❑ Professional in Human Resources - $120 annually.
❑ Building Inspector Certifications - $50 per certification, capped at $250 annually.
Building Inspectors that obtain the Chief Building Official designation will be eligible for
$500 annually.
❑ Insecticide spray license (one per department/division) - $120 annually.
❑ Associates Degree from an accredited college - $500 annually, limited to one (1) per
employee, once Bachelor's degree has been attained, the $500 is forfeited in lieu of the
$750 annually.
Bachelor's Degree from an accredited college - $750 annually, limited to one (1) per
employee.
Other certifications may be submitted for consideration for incentive money. Upon approval of the
Department Head, Administrative Services Director, and the City Manager, a dollar value consistent with
the above scale will be established.
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ARTICLE 15
GROUP INSURANCE
15.1: During the term of this Agreement - _z44A ue? -). all full -time
bargaining unit members who participate in the group insurance coverage, agrees to pay twenty -
five dollars ($25.00) per month towards the premium for group insurance coverage. The City
agrees to pay the remainder of the premium to provide individual group insurance coverage to all
regular full -time bargaining unit members.
15.2: In the event that the premium rate for dependent group insurance coverage increases, the
Employer agrees to notify the PEA as soon as is practicable. The PEA agrees that the Employer
may, at its discretion, obtain substitute insurance coverage from another carrier or require each
covered bargaining unit member to contribute his pro rata share of the increased premium cost for
dependent coverage, whichever may be applicable. In the event that the carrier increases the
premium rate for dependent group insurance coverage the parties agree to abide by Sections 15.3
and 15.4 of this Article.
15.3: Any full -time qualified bargaining unit member who elects to participate in the group insurance
dependent coverage option plan will pay fifty (50 %) percent of the cost of the premium. Any
additional supplemental insurance that is optional coverage to the bargaining unit member and
that member elects to purchase such optional coverage will be paid for in total by the member.
15.4: Any bargaining unit member. fired on or after October 1, 2011, who elects to participate in the
group insurance dependent coverage option plan will pay sevent3- five percent (751.40) of the cast
of the prerniurn. The rnernber shall pay any additional supplemental insurance that is optional
coverage to the bargaining unit member.
15.5 The City agrees to pay fifty (50 %9) of the costs of single coverage group (health only) insurance
for up to _ . _ riw+2) years for qualified bargaining unit members who retire from the
City after being employed by the City for _'i PAVO Y -4__+� Rft - 1 years in a full -time
capacity.
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ARTICLE 15
RETIREMENT CONTRIBUTION
16.1: Effective April 29, 2041, die Employer agrees to contribute to the CWA/lTU Negotiated Pension
Plan (hereinafter sometimes referred to as the Plan) nine (9 %) of a bargaining unit member's
annual gross earnings for each employee covered by this Agreement, for purposes of providing
pensions on retirement, death benefits, and other related benefits for covered employees of the
Employer and other contributing Employers. The Plan is .jointly administered by Trustees
appointed in equal numbers by the Union and Employers under an Agreement and Declaration of
Trust, and has been found by the Internal Revenue Service to be entitled to exemption under the
Internal Revenue Code.
16.2: Contributions shall be paid to the CWAIITU Negotiated Pension Plan, P.O. Box 2384, Colorado
Springs, Colorado 84941, no later than the 151' of the following month, together with reports on
forms to be furnished by the Plan or the employer's printout, if in an acceptable format. During
the effective period of this Agreement, this benefit will be paid monthly over a twelve (12) month
period, which will continue for the life of the Plan.
16.3: Title to all monies paid into the Plan shall be held exclusively by the Trustees in trust for use in
providing the Benefits under the Plan and paying its expenses.
16.4: The Employer recognizes that in addition to the Union's right to enforce this section, the Union
shall have the right in its discretion to take any legal action necessary to collect any contributions
or monies due and owing to the Plan and to secure delinquent reports. The Employer further
agrees that the Union shall have the right to collect reasonable attorneys' fees and expenses
incunvd in connection therewith. The Employer shall supply to the shop steward (chapel
chairman) the union representative's copy of the Negotiated Pension Plan employer report forms
or a copy of the Employer's printout forms on a quarterly basis.
Eligibility:
A. Only regular full -time bargaining unit members are eligible for inclusion in the
CWTA.IITU Negotiated Pension Plan.
B. New regular full -time employees are eligible for entry into this Plan as of the first day of
the next full pay period following sixty- (60) days from their date of hire.
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17.1:
17.2:
17.3
17.4:
ARTICLE 17
PERFORMANCE EVALUATIONS
Purpose:
The purpose of the City of Sebastian performance appraisal program is to provide a consistent
practice of establishing written goals and evaluating the performance of the bargaining unit
member. It is needed to help measure, improve, and reward bargaining unit member
performance, to assist departments and the agency to meet their goals.
Definitions:
A. Annual_ Performance Appraisal. The bargaining unit member's performance is appraised
by the supervisor no later than the first day of the month of his/her classification date
each year. `lire period of appraisal is the period of time since the bargaining unit
member's last performance appraisal.
B. Special Performance Appraisal. Special appraisals are performed by the supervisor any
time during the year for special reasons; i.e. change in pay, promotion, transfer,
reassignment, etc.
Pol igy:
Supervisors are to administer a bargaining unit member performance appraisal annually and
special performance appraisals more often, as appropriate. The performance appraisal consists of
evaluating previously agreed upon goals and objectives. The appraisal is to be used as a
management tool to assist, motivate, and strengthen the bargaining unit member. Managers will
also use the performance appraisal to help determine compensation, employee development and
promotion. Where there is a difference of opinion concerning a performance appraisal between
the supervisor and the bargaining unit member, the bargaining unit member will have the
opportunity to express their differences in writing to the supervisor and the supervisor's
evaluator. If the issue has not been resolved at this level, the bargaining unit member may
activate the employee grievance procedure within the timeframes established in Article 12.
Bargaining unit members rated unsatisfactory are not eligible for a step increase. Bargaining unit
member's who receive an unsatisfactory rating for two (2) consecutive rating periods of any type
may be terminated from employment for cause.
Statement of Philosophy:
Both the City of Sebastian and the PEA believe that the purpose of the performance appraisal
system includes the fallowing:
a) to clarify both management's goals for the position and the bargaining unit member's
goals;
b) to monitor the bargaining unit member's achievements and to review areas of needed
improvement; to make recommendations for improvement and establish time -frames to
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K.
achieve the recommended improvements.
C) to facilitate communication between supervisors and bargaining unit members about the
members job duties and establish a framework for open, constructive feedback;
d) to encourage and develop time line plans for bargaining unit member development,
growth and improvement.
17.5: Employee Appraisals:
Performance appraisals for each bargaining unit member shall be submitted once each year using
a City of Sebastian performance evaluation form. Bargaining unit members shall be evaluated by
their appropriate administrator /supervisor. Bargaining unit members shall be given a minimum
of three- (3) workdays notice prior to the evaluation meeting. At the time of such appraisal, the
bargaining unit member's specific job duties, job description, and performance shall be reviewed
by both the bargaining unit member and the supervisor to discuss patterns of performance for the
past year and expectations or recommended plans for improvement for the upcoming year_ Each
bargaining unit member has the right to add written comments regarding the performance
appraisal on the performance appraisal form, at the time of any review, and subsequently if any
changes are made. The bargaining unit member's signature on the performance appraisal form
signifies that the performance appraisal has been reviewed with the bargaining unit member, but
does not signify that the bargaining unit member agrees with the appraisal.
Each bargaining unit member shall have the right to see any changes, deletions, or additions to
the performance appraisal made by the immediate supervisor, a higher supervisor, department
head, or administrator. Such changes shall be discussed with the bargaining unit member_ The
bargaining unit member shall be provided with a copy of the completed performance appraisal
once it has been signed by all parties in the chain of command. The performance appraisal shall
be placed in the bargaining unit member's official personnel file. Any appraisals, which are not
in the official file, shall not be part of the official record of the bargaining unit member in
considering discipline or future performance reviews. Bargaining unit members have the right to
review their official personnel file upon and with proper notification. Under no circumstances
shall supervisors use the performance appraisal as a substitute for disciplinary action.
17.6: Probationary Period:
Each new employee shall serve a probationary period of six (6) months, which is an extension of
the selection procedure. The probationary period is to give the bargaining unit member an
opportunity to demonstrate his or her ability to perform the duties of the position. The City may
extend the probationary period for up to six (6) months beyond the classification date in order to
allow the bargaining unit member the opportunity to correct deficiencies in his or her
performance. Any absences without pay and absences covered by Worker's Compensation shall
automatically extend the probationary period in accordance with Article S. 911 Emergency
Dispatch Technicians will serve a one (1) year probation period.
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ARTICLE 18
SAFETY
I8.1: The City and the PEA agree to continue meeting with the established Joint Safety Committee to
ensure continuing, on-the-job safety in the performance of public services. The Committee shall
be chaired by the City Manager, or his designee, and up to three (3) members will be selected by
the City Manager and up to three (3) members selected by the PEA.
18.2: The Safety Committee shall meet regularly, as it may determine, to consider methods of
maintaining and improving job related safety. The Committee shall make recommendations by a
majority vote for safety maintenance and improvement, which shall be given due consideration
by the Employer. Written response must be made by the City Manager to the committee within
twenty calendar (20) days of receipt of any written requests made by the Safety Committee. Such
requests will be approved by the majority vote of the Safety Committee prior to being submitted
to the City Manager.
18.3: The Employer and the PEA recognize the mutual responsibilities of management and bargaining
unit members to promote a safe work place and agree to cooperate in maintaining City equipment
and facilities in safe conditions.
18.4: The Employer agrees to make copies of the City Safety Manual available to all bargaining unit
members to review.
18.5: Any bargaining unit member who as a result of an act or by way of their own negligence and/or
in violation of established safety standards and policy of the City causes damage to, or destruction
of, property of the City without substantial justification or excuse shall be subject to progressive
discipline action, up to and including termination. Additionally, the bargaining unit member may
be liable for up to the full cost of replacement or repair of the damaged or destroyed property.
The provision of Article 19, Section 19.1 will apply.
I8.6: Safety Glasses:
a. With the prior approval of the bargaining unit members Department Head, the City shall
pay for one (1) pair safety glasses. Where prescription safety glasses are needed, the
bargaining unit member, in conjunction with the City's Vision Care Plan, shall receive an
eye examination not more than once every twelve (12) months. The bargaining unit
member shall pay the deductible to the doctor for the eye examination. The City shall pay
for the cost of the first pair of safety frames and safety lenses for those bargaining unit
members required to wear prescription safety glasses not to exceed one hundred ($100)
dollars.
b. The City will also pay for the replacement of safety lenses due to on the job breakage or
prescription changes, as needed. An incident report must accompany this request, which
details how the breakage occurred. The report must be signed by the bargaining unit
member's immediate supervisor before being submitted. If the breakage was a result of
the bargaining unit member's negligence, the member will pay the full cost of the
replacement. Additionally, the bargaining unit member may be liable for up to the full
cost of replacement or repair of the damaged or destroyed property. The provision of
Article 19, Section 19.1 will apply.
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18.7: Workers Compensation:
Any regular full -time employee who sustains a temporary disability as a result of and arising
out of employment by the City as provided by the Worker's Compensation Law of the State of
Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be
entitled to the following:
A. During the first eighty (80) paid work days of such disability, the employee shall receive
net supplemental pay based upon his/her net take home pay reduced by the W'orker's
Compensation indemnity payment.
B. Thereafter, the employee may utilize any accrued sick or annual leave in order to receive
supplemental pay based upon his/her net take home pay reduced by the Worker's
Compensation indemnity payment until such annual or sick leave is exhausted.
C. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of
absence to the employee for a period not to exceed one year.
D. If any employee, due to an on- the -job injury, is temporarily or partially disabled from
performing the duties of his/her classification, but is determined to be able to perform light
duty by a physician designated by the City, the employee may be required to perform such
duty or lose the employment connected disability leave supplemental benefits. Assignment
to light duty shall be considered a temporary assignment, without reduction in pay. Such a
reassignment shall be to other duties commensurate with medical and mental fitness,
subject to availability of suitable work, and the employee's qualifications for the position.
However, an employee shall not be permitted to continue in a light duty position after
reaching his/her maximum medical improvement.
E. Any employee who suffers an employment connected injury may be required by the City to
be examined every twenty (20) working days by a medical doctor, specified and provided
by the City, who shall determine the employee's condition and fitness for full or partial
return to duty.
F. No employee will be entitled to employment connected with disability leave with the
benefits described herein if the injury suffered has been determined to have been the result
of intentional self - infliction or where the disability or illness continues as a result of the
employee's failure to cooperate with medical advice or corrective therapy.
G. While receiving employment connected disability benefits, an employee shall be entitled to
all benefits, which he/she would normally, receive pursuant to his/her employment with the
City.
18.8: Work Boots /Shoes:
(a) The City will provide those bargaining unit members required to wear safety boots /shoes
as a part of their job function one hundred ($120) per fiscal year. This will become
effective October 1, 2006, payable to the bargaining unit member the first full pay period
in October of each year. Any bargaining unit member receiving this benefit will be
required to wear the safety boots /shoes at all times while performing their City job
functions. If an employee begins employment after the first full pay in October, the boot
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allowance will be prorated by $ 10.00 per month. Safety boots/shoes must meet the
requirements as established by the department.
(b) The City will also pay for the replacement of safety boots/shoes due to on the job damage
caused as a result of an accident. An incident report must accompany this request, which
details how the damage occurred. The report must be signed by the bargaining unit
member's immediate supervisor before being submitted. if the damage was a result of
the bargaining unit member's negligence, the member will pay the full cost of the
replacement and may be subject to disciplinary actions as stated in section 18.5 of this
Article.
(c) if the bargaining unit member provides medical documentation signed by an attending
physician stating that they cannot wear the safety boots/shoes due to a medical condition
they will not be required to wear the safety boots/shoes. The bargaining unit member
will also be exempt from the benefit provision as stated in section 18.8 (a) of this Article
and will not receive the $120 annual disbursement for safety boots/shoes,
18.9: If a bargaining unit member is provided work boots/shoes and the bargaining unit member does
not complete the six (6) month probationary period for any reason, the cost of the work
boots/shoes shall be deducted from bargaining unit members last pay check which will reflect the
actual expense incurred by the city for the purchase of the work boots/shoes.
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Vl
ARTICLE 19
DISCIPLINARY ACTION
19.1 In the event an employee is discharged, suspended without pay, or demoted for disciplinary
reasons, the City agrees that he shall be provided with written notification of the action. This
notification shall be hand delivered to the employee or sent by certified mail, return receipt
requested, to the address in the City Administrative Services Department records.
19.2 Except in extraordinary circumstances, before the employee is discharged or suspended without
pay for disciplinary reasons, the notification described in Section 19.1 will be provided to the
employee in advance of the action so as to give the affected employee an opportunity to present
his position.
19.3 No employee shall be disciplined except for just cause.
19.4 No discipline, except termination, shall become effective until such time that the employee has
exhausted the appeal process or until such time for an appeal has expired, as described in Article
12.4.
ARTICLE 20
SALARY
20.1. Bar-gaining unif fnember-s shall fie4 ree ase t8 theiF euffefit step far- ;die peried—of
Oeta ier- , 201-1- ough September- 30, 2013 .
zz E1obel- 1, 20P,
20.2 34e'j trip" F tip - d 4 � . f �:. ioit -€i 7`-d it'c: tcs- iT=� -r
exi _ � _ q -�r,� i�-rh�aTn cr'-trra �i acPr {t3�- i'�+�. cir"r sr
i` arises— ��iibltit1i -h iil i °- `i L eti 9 _ table- W gat
;he TTf f fe l$ - ! �� Ehe
4i e „7Tii7TLti GTI''r
0_2 l u it-flieinbens 's1 all receiv
e a
a 4 c h 20!4 4} 3 0 20!c
x.�: -� cr�f$ii�$�ri�i�)%a�v; -�—j:
,().:3 _ _ h) -4: `tom 4- 4l... �d t :S A... i O ,pr 4114 si,. the - - �'�� sii *. "'s�TSZF},'i� ��C.TC3 �ii��7�.�0�4.t _—
20.1 For the first year of this A{lreement October 1. 2013 throueh Se tember 34 2014). har�zaining
unit members shall not receive a siev increase.
39
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1
20.2 BargLaininy, unit members shall receive a three percent (3%)- increase to their current step for the
second year of this Agreement October 1. 2014 through September 30 2015).
20.3 The parties shall open this section in the third year of this Agreement (October 1. 2015 through
September 30, 201+6) in order to collectively negotiate a potential change in salary. Any change
in salts must be dui ratified by both parties.
ARTICLE 21
SUBSTANCE ABUSE TESTING
The City's Policy regarding Substance Abuse Testing that is currently in effect -will be followed for the
life of this Agreement.
ARTICLE 22
UNIFORMS
22.1: The City shall provide and maintain uniforms to all members of the bargaining unit who are
required to wear them.
22.2: All issued uniforms and equipment must be returned to the City. Failure to return issued
uniforms and equipment will result in the bargaining unit mernber paying for the actual cost
incurred by the city for the purchase of said uniforms.
22.3: Any bargaining unit member assigned a uniform will be required to wear the uniforin at all times
while performing his or her job functions. The City uniform shall not be worn at any other time
or for any other reason.
22.4 Bargaining unit members in the p2sition of Code Enforcement Office(s) and EEyidence
T'eeknician(s')will receive $45.00 per month for uniform cleaning.
ARTICLE 23
TUITION REIMBURSEMENT
23.1: The City desires to help its bargaining unit members in their jobs by paying for business related
courses up to the limits of available funds for education during their off duty hours. Therefore,
the City's Policy regarding Tuition Reimbursement will be followed for the life of this
Agreement.
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23.2;
The following guidelines will govern tuition reimbursement:
Eli ibiitu: Open to regular full -time bargaining unit members who have been employed
by the City for at least one (1) year. A bargaining unit member desiring to participate in
the City's Tuition Reimbursement Program should submit an application to his or her
Department Head at least fifteen (15) days prior to the starting date of the course. if the
Department Head recommends the course, the recommendation will be forwarded to the
City Manager or his designee for final approval.
Approved trainin : Approved courses must directly relate to the bargaining unit
member's current assignment which will improve his or her skills, knowledge and ability
to perform his or her duties and will increase his or her potential for promotion. Such
determination will be made by the Department Head and the City Manager or his
designee. Such courses must be offered by an approved technical or trade school or an
accredited college or university. Attendance at these courses must be during
non - working hours. Post graduate (ex. Master's, Doctorate, etc-.) programs are not
included within the tuition payment plan.
Recipients of scholarships: Any bargaining unit member receiving a scholarship or grant
for education will not be eligible for tuition reimbursement.
4. Service Requirement: Bargaining twit members participating in the Tuition
Reimbursement Program agree to remain employed with the City for a minimum of two
(2) years following completion of the course(s). If the bargaining unit mernber
voluntarily leaves the city service or is terminated far just cause prior to reaching the two
(2) year requirement, he or she roust reimburse the total cost of the tuition back to the
city.
Grade Requirement: Successful completion of training must be accomplished through a
grade "C " (2.0 average) for each course or better before reimbursement will be made. In
courses, which are offered on a "pass" or "fail" basis, a pass grade must be earned for
reimbursement.
6. Reimbursement: Upon the successful completion of approved training, an original or a
certified copy of the bargaining unit member's grades, along with proof of his or her
payment of tuition such as a canceled check or receipt, will be submitted to the respective
Department Head. Such documentation will be forwarded to the Administrative Services
Department for reimbursement. Transportation for such educational courses will be
provided for by the bargaining unit member, unless such training is mandated by the City,
7. Maximum Reimbursement. The maximum tuition rate to be reimbursed for college level
courses is that established annually by the State Legislature. Should a bargaining unit
member choose to attend a. private school, he or she is responsible for paying the
difference in tuition.
Additionally, bargaining unit members will be authorized to take no more than two (2) classes per
Semester.
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E
ARTICLE 24
MERIUSTEP PAY PLAN
24.1: Not available from October], 2*U13 244 through September 30, kt?16�4 2013. ]dew bargaining
unit members who at the end of the initial probationary period, and after six (6) months from their
date of hire (new employee only), will be eligible for a one -step increase, after receiving a
satisfactory performance evaluation based upon satisfactory completion of work performance.
24.2: Not available from available from October 1, '_I)1 s 2_04+ through September 30, 20116 - 6-2444
Annually, on the date of classification, the bargaining unit members will be eligible for a one-step
increase, upon receipt of a satisfactory performance appraisal of work perfonrance. This will
continue annually until the bargaining unit member reaches the maximum pay for his/her
classification.
243: Not available from October 1, 2013 2044 through September 30, 2016-56 2013. If the
recommendation for an increase is for one -step, justification is stated on the performance
evaluation and the pay increase will be implemented on the bargaining unit member's
classification anniversary date.
24.4: Not available from October 1, ZO 13 24�l through September 30, 2016: a 20 13. In rare cases a
Supervisor or Department Head may make a recommendation for a two (2) -step increase. When
this occurs, the performance evaluation and justification (supporting documentation) for the
greater increase will go before the City Manager. The City Manager will review the information
and either accept or reject the recommendation. The Department Head will be notified of the
City Manager's decision and he/she will be responsible for informing the affected bargaining unit
member.
Note: Examples of supporting documentation would include letters of commendation from
supervisors, department heads or citizens, being considered for or selected as an employee of
the quarter and any other documentation that would help justify a two (2) step increase.
24.5: Not available from October 1, ,(,; 2204-1• through September 30, _'olti 6 2013. if the City
Manager rejects the recommendation, then a one -step increase is given. The Department Head
can request another review in thirty- (30) days to convince the City Manager to approve the
special merit increase. The City Manager's decision will be final in all requests for a two (2) -step
increase.
24.6: If a bargaining unit member changes job classifications, his or her job classification anniversary
date will change, effective the date of the promotion or demotion.
24.7: Longevity Pak; Longevity pay will be awarded according to the following:
A. Bargaining unit members, after having completed ten (10) years of continuous service
with the City, will receive an increase in their base pay of five (5 %) percent. The five
percent increase will be added to their base pay effective the date of their ten -year
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anniversary date.
B. Bargaining unit members, after having completed fifteen ( 15) years of continuous service:
with the City, will receive an increase in their base pay of five (5 %) percent. Tile five
percent increase will be added to their base pay effective the date of their fifteen -year
anniversary date.
C. Bargaining unit members, after having completed twenty (20) years of continuous service
with the City, will receive an increase in their base pay of five (5 %) percent. The five
percent increase will be added to their base pay effective the date of their twenty -year
anniversary date.
D. Bargaining unit members, after having completed twenty -five (25) years of continuous
service with the City, will receive an increase in their base pay of seven and one -half
(7.5,/4) percent. The seven and one -half percent increase will be added to their base pay
effective the date of their twenty -five -year anniversary date.
E. Said adjustment(s) will be based on the bargaining unit member's original date of hire
regardless of the salary pay step the bargaining unit member is in at the time he or she
attains the required number of years.
F. Bargaining unit members in a part -time or temporary status at the time of their relevant
anniversary date will not be eligible for longevity increases.
G. Those bargaining unit members who have received a longevity increase in their ninth
(9th) year will not be eligible for the ten (10) year longevity increase.
ARTICLE 25
SE'VERABILITY
25.1: If any Article of this Agreement (or any Section thereof) should be found invalid, unlawful, or not
enforceable by judicial authority or by reason of any existing or subsequently enacted legislation,
all other Articles and Sections of this Agreement shall remain in full farce and effect for the
duration of this Agreement.
25.2: In the event of the invalidation of any Article or 'Section of this Agreement, the City and the PEA
agree to meet within thirty- (30) working days to discuss replacement of such Article or Section.
ARTICLE 26
COUNSELING
26.1 The City will make available to the members the services of a psychologist or qualified counselor
approved by the City for the purpose of helping the employee deal with an "aftennath" of the
incident. This service will be paid for by the City.
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E
ARTICLE 27
TERM OF AGREEMENT
This Agreement shall become effective upon the date of ratification by the parties and shall remain in full
force and effect until 12 :00 midnight on September 30, 2013.
In witness whereof, the parties hereto have entered into this Agreement on this day of
2013.
COASTAL FLORIDA PEA
Vincent Champion
President, CFPEA
- -, ... -•� }> F, Tim Zelinslci
CFPEA Representative
ATTEST:
Sally Maio, MMC
City Cleric
CI'T'Y OF SEBASTIAN, FLORIDA
Al Minner
City Manager
Debra Krueger, CGFO
Administrative Services Director
APPROVED AS TO FORM:
Robert Ginsberg
City Attorney
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c�
APPENDIX A.
GRIEVANCE FORM
(Type or Print Clearly in Ink)
NAME OF GRIEVANT:
DATE GRIEVANCE OCCURRED:
A. Give Article(s) and Sections(s) of Contract which Grievant claims were violated:
B. State concisely facts relied on by Grievant:
C. State relief requested by Grievant-
Signature of Grievant
Signature of Union Representative
for Grievant
45
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AGENDA TRANSMITTAL
Subject: Resolution R -13 -30
Agenda No.
extending
Fee Reduction Resolution
Department Origin: CDD
Finance:
A ro d for Submittal by:
City Attorney:
'
City Clerk:
Date Submitted:
For:
September 13, 2013
September 25, 2013
I N ner, City Manager
Exhibits: R -13 -30
EXPENDITURE
AMOUNT BUDGETED:
APPROPRIATION
REQUIRED: N/A
N/A
REQUIRED: N/A
SUMMARY
In June of 2003 City Council enacted Resolution R -03 -25 which adjusted various
zoning permit review fees used to offset administrative processing expenses such as
requisite legal notices and mailings. In an effort to assist business start-ups and
redevelopment during this economic recession, City Council enacted Resolution R -10-
44 which provided a temporary 50% fee reduction for certain development
applications. The temporary fee reductions were extended by Resolution R -11 -28 and
are scheduled to expire on November 30, 2013.
In light of the continuing challenges of current economic times, staff recommends that
the temporary reductions outlined in R -10 -44 remain in effect for an additional two -
year period until November 30, 2015.
RECOMMENDATION
Move to approve Resolution R- 13 -30.
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RESOLUTION NO. R -13 -30
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
EXTENDING THE TEMPORARY FEE REDUCTIONS ESTABLISHED BY
RESOLUTION R -10-44 AND EXTENDED BY RESOLUTION R- 11 -28;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, adopted
Resolution R -03 -25 outlining the fees for various development applications within the
Growth Management Department; and
WHEREAS, the City Council adopted Resolution R -10 -44 which temporarily
reduced certain development fees by fifty percent to assist businesses to grow, expand
or start-up in Sebastian, and
WHEREAS, the City Council adopted Resolution R -11 -28 extending the
temporary fee reductions for a two -year period, and
WHEREAS, it is in the best interest of the community to continue the temporary
reduction of development fees in this challenging economic time; and
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. EXTENSION : The temporary reduction of certain development
application fees as shown on Exhibit "A" established by Resolution R -10-44 and
extended by Resolution 11 -28 scheduled to expire on November 30, 2013 is hereby
extended and will remain in effect until November 30, 2015.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
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The foregoing Resolution was moved for adoption by
The motion was seconded by
vote, the vote was as follows:
Mayor Bob McPartlan
Vice -Mayor Don Wright
Council Member Andrea Coy
Council Member Jerome Adams
Council Member Jim Hill
and, upon being put to a
The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of
September, 2013.
ATTEST:
Sally A. Maio, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
0
Bob McPartlan, Mayor
Approved as to form and legality for reliance by the
City of Sebastian only:
Robert A. Ginsburg, City Attorney
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FEE I SEBASTIAN
Resolution R -03 -25
Accessory Structure Review By P/Z $100
Address Change Request $100
Annexation $1,000
Pre - Annexation $100
EXHIBIT "A"
Resolution R -10-44
comp clan Lana use Map
$3,250
Amendment - Large Scale
$2,000
Comp Plan Land Use Map
$5 Each Additional Tree
Amendment - Small Scale
$1,500
Comprehensive Plan Text
$250
Amendment
$2,000
Conditional Use Permit (Commercial)
$450
Conditional Use Permit (Model
$1,800
Homes)
Initial
$250
Renewal
$150
Development Of Regional Impact
$3,250
Easement (Abandonment)
$250
Land Clearing (Commercial)
$5 Each Additional Tree
Up to 10 Acres
$100
Up to 50 Acres
$250
Over 50 Acres
$500
I ree Kemoval Hermit
Up to 5 Trees
$25
More than 5 Trees
$5 Each Additional Tree
Land Development Code Text
Amendment
$1,500
PUD - Conceptual Development Plan
$1,250
PUD - Preliminary Development Plan
50 Acres or Less
$1,800
PUD - Preliminary Development Plan
Greater than 50 Acres
$25 /Acre Over 50
PUD - Site Plan
$1,500
PI In - Final Plat
I Tenn
[Site Plan (New Development) 1 $1,200 1 1
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FEE
SEBASTIAN
Resolution R -03 -25 Resolution R -10-44
Street Abandonment
$500
Subdivision - Preliminary Plat - 50
Acres or Less
$1,500
Subdivision - Preliminary Plat -
Greater than 50 Acres
$1,500 plus $22.50 /Acre Over 50
Subdivision - Construction Plans
$1,000
Subdivision - Final Plat
$500
Subdivision - Division of Single Lot -
Residential
$250
Time Extension of Site Plan, DRI,
Subdivision, PUD, or any other
Deadline or Date Action
$250
Revisions to an application which
require the re- publishing of any public
50% Original Fee plus cost to re-
notices
publish and mailed notice
Unity of Title Release
$75
"Revised by Resolution R -11 -28
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r 0 yy
City of Sebastian, Florida
Subject: Resolution No. R -13 -31 Agenda No. ,A c
Amending Section 4 of the Lease Agreement
By and Between the Airport and Golf Course. Department Origin: �/
Administrative ServicesAGe —�
Ap rove9l lor Submittal by: Reviewed By:
City Attorney:
Ai Ai ier, City Manager City Clerk: Vd/ik
Date Submitted: September 17, 2013
For Agenda of: September 25, 2013
Exhibits:
➢ Resolution No. R -13 -31
➢ Exhibit "A" - Airport Lease Amendment
➢ Resolution No. R -00 -48
➢ Exhibit "A" - Airport Lease
➢ Amended Section 4 (R- 09 -39)
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: N/A N/A REQUIRED: N/A
SUMMARY
Resolution No. R -00 -48 authorized the Airport Lease by the Golf Course and established an initial
annual rent amount charged to the Golf Course by the Airport of $120,000; provided for an
increase to $175,000 in 2005; and a further increase to $250,000 in 2010. In consideration of the
significant decline of property values, on September 23, 2009, the City Council, by adoption of R-
09-39 in 2009, authorized that the annual rent amounts from October 1, 2009 through September
30, 2015 be adjusted to $135,000.
To acknowledge the further decline of property values experienced since the above actions,
adoption of Resolution N. R -13 -31 will authorize the City Manager to execute the proposed
Airport Lease Amendment to modify the rent to $115,000. This amount was used in the Proposed
City Budget for FY 2013 -14 that is also being considered for adoption at this meeting.
RECOMMENDED ACTION
Move to adopt Resolution R- 13 -31, authorizing the City Manager to execute the Airport Lease
Amendment.
121 of 147
RESOLUTION NO. R -13 -31
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
TO SECTION 4 "RENT" OF THE LEASE AGREEMENT BY AND BETWEEN THE
CITY OF SEBASTIAN FOR USE OF LAND FROM THE SEBASTIAN MUNICIPAL
AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian has leased a portion of the Sebastian Municipal Airport
Property for use as a municipal golf course since 1981 and approved a lease agreement by adoption of R-
86 -4A; and
WHEREAS, in 2000, a new lease agreement was adopted by Resolution No. R- 00 -48, and then
in 2009, Section 4 "Rent" was amended by adoption of Resolution No. R- 09 -39; and
WHEREAS, the CITY has determined that the fair value previously established in Section 4 of
Lease should be adjusted; and
WHEREAS, the Airport is agreeable to said changes to said Lease,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The City Manager is hereby authorized to execute the City of Sebastian Airport
Lease Amendment as attached hereto as Exhibit "A ".
Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed.
Section 3. This Resolution shall take effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember. . The motion
was seconded by Councilmember and, upon being put into a vote, the vote was as
follows:
Mayor Bob McPartlan
Vice -Mayor Don Wright
Councilmember Andrea B. Coy
Councilmember Jim Hill
Councilmember Jerome Adams
The Mayor thereupon declared this Resolution duly passed and adopted this 25`h day of September 2013.
CITY OF SEBASTIAN, FLORIDA
Lin
ATTEST:
Sally A. Maio, MMC City Clerk
Approved as to form and legality for the
reliance by the City of Sebastian only:
Robert Ginsburg, City Attorney
Bob McPartlan, Mayor
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CX � l°r .� R rr - r,C50L U —47,0n 4o. k ' 3p3
AIRPORT LEASE AMENDMENT
THIS AMENDMENT of that certain AIRPORT LEASE dated
August 23, 2000 (hereinafter called "Lease "), providing for the use
of land from the Sebastian Municipal Airport in the operation of the
Sebastian Municipal Golf Course, by and between the City of
Sebastian (hereinafter called "City "), a municipal corporation
existing under the laws of the State of Florida, provides as follows:
WITNESSETH:
WHEREAS, the CITY is the owner of certain property located in the County of
Indian River, Florida; and
WHEREAS, the certain property constitutes a portion of the Sebastian Municipal
Airport (hereinafter called "Airport"); and
WHEREAS, the CITY has leased a portion of such property from the Airport
Enterprise Fund, for use of the Sebastian Municipal Golf Course; and
WHEREAS, the CITY has determined that the fair value previously established in
said Lease should be adjusted; and
WHEREAS, the CITY wishes to modify said Lease; and
WHEREAS, the Airport is agreeable to said changes to said Lease; and
WHEREAS, the CITY desires to continue to lease the said property from the Airport,
and to that end and in consideration of the premises, and the covenants, terms and
conditions to be performed as set forth hereinafter,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
provided, it is decreed as follows:
Section 4. RENT, of the Lease is hereby amended to read as follows:
4. RENT. The parties agree that the rent, payable by the CITY, during the term of
this Lease shall be as follows:
(a) October 1, 2000 through September 30, 2005 $120,000
(b) October I, 2005 through September 30, 2009 $175,000
(c) October 1, 2009 through September 30, 2015 $135,000
(d) October 1, 2013 through September 30, 2015 $115,000
The rent for the leased premises shall be payable in advance, in monthly installments,
commencing from the date of commencement of this Lease, as described above and on a like
day of every month thereafter during the term of this Lease. In addition to the rental amount,
the Tenant shall pay all applicable taxes arising from this Lease, if any.
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All remaining terms and conditions of the initial Lease shall remain in full force and effect.
This document contains two (2) pages.
APPROVED by the City Council at its regular meeting on September 25, 2013.
ATTEST:
Sally A. Maio, MMC
City Clerk
Approved as to Form and
Legality for Reliance by the City
of Sebastian only:
Robert Ginsburg, City Attorney
-2-
CITY OF SEBASTIAN
A Municipal Corporation
Un
Al Minner, City Manager
124 of 147
A RESOLUTION OF THE CITY OF aEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDWG REaOLUTION NO. R -80-0, AUTHORIZING THE CITY
MANAGER TO EXECUTE A NEW LEASE AGREEMENT BY AND BETWEEN THE
OITY OF SEBASTIAN FOR USE OF LAND FROM THE 8E9ASTM MUNICIPAL
AIRPORT IN THE OPLRAT)ON OF THE SEBASTIAN MUNICIPAL GOLF COURB E;
PROVIDING FOR CONFLICTS; AND PROMING FOR AN EFFECTIVE DATE.
WHIREM the CHy of Sebastian has leand a porgor} of the Sebastian Municipal Airport
Property for use ae a municipal golf course since 101. and
WHEREAS, In discussions with the Federal Aviation Administration (FAA) It was concluded
that a lease agreement renewal setting out annual fees and otherpnovlslons should by Instituted.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that
Section 1. The City Manager is hereby euthorlted Jo "acute the CBy of Sebastian Airport
Lease, Agreement as attached hereto as ExhlbM "A ".
aflon 2. Al Res:olutrons or parts of Resolutions In conflict herewith are hereby
repealed.
Sooilon S. This Resolution shall become effective l nmedlately upon do; Ilon.
The foregoing Resolution was moved foradoptio by CoUncJlmember �'
sal—
The motion was seoanded by CQuncilmember and, upon be g put Into a
vofo, the vote was as follows:
Mayor Walter tarns
Gounciimember Ban Bishop
CourtcrlrnsmborJos Bam=yk
CouncUmernberdames HJ
Courtcllmember Edward Majeher
The Mayor iitoraupon declared the Resolution duly passed and adopted this 23rd day of
August, 2000.
ATTEST:j�c
KBthtytl M. ams o t.-
Ctiy Cleric
(SEAL)
AMovad as to form and lagellty far
roileao he Illy of 8ebaeGen Doty:
RIM Stringer, City ey
CITY QF SEBASTIAN, FLORIDA
Walter Barnes, Mayor
Page 1 of 1
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0.11
_ . AIRPORT LEASE
TFIIS LEASE, made and entered into this 23rd day of August, 2000, by and between the
'00 fib
CITY O municipal corporation existing under the laws of the State of
Florida, provides for the use of land from the Sebastian Municipal Airport in the operation of
the Sebastian Municipal Golf Course, as follows:
WITNESSETH:
WHEREAS, the MY is the owner of certain property located in the County of Indian
River, Florida; and
�, the certain property constitutes a portion of the Sebastian Municipal
Airport (hereinafter referred to ea the "Airport"); and
WF�?REAS, the certain property is available for those activities consistent with or in
support of aviation activity, and may be leased for nonaviation purposes if a fair value is
received from such rental and the funds are dedicated to aviation uses; and
VMEREAS, the Landlord has leased a portion of such property from the Airport
Enterprise Fund, (hereinafter referred to as the `Landlord "), for use ofthe Sebastian Municipal
Golf Course (hereinafter referred to as the "Tenant's since December 12, 1981; and
YME E S, the Tenant desires to rmew the lease the said property from the Landlord,
and to that end and in consideration of the premises, and the covenants, terms and conditions
to be performed as set forth hereinafter,
NOW, Tf in consideration of the mutual covenants hereinafter provided,
it is decreed as follows:
1. RECITALS. The above stated recitals are hereby incorporated by reference in this
Lease Agreemmt.
2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter,
the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that
portion of the real property of the Landlord which is described more particularly as the
Sebastian Municipal Golf Course, as represented on the attached Exhibit "A".
As part of the current project to update the Airport Master Plan, Landlord shall
commission a survey of the premises described above, which surveyed hands shall constitute
35
126 0
4
the actual Leased Premises, and a copy of said survey shall be attached hereto as an
Addendum.
3. TERN! OF LEASE. The initial term of this Lease shall be for a period of fifteen
(15) years commencing October 1, 2000, and will end on September 30, 2015.
4. RENT. The parties agree that the rent, payable by the Tenant, during the term of
this Lease shall be as follows:
(a) October 1, 2000 through September 30, 2005 $L0,000
(b) October 1, 2005 through September 30, 2010 5175,000
(c) October 1, 2010 through September 30, 2015 $250,000
The above rental for the leased premises shall be payable in advance, in monthly installments,
commencing from the date of commencement of this Lease, as described above and on a like
day of every month thereafter during the term of this Lease. In addition to the rental amount,
the Tenant shall pay all applicable taxes arising from this Lease, if arty.
5. IMTROVEMENTS TO THE PRISES. The Tenant shall have the right to use
the leased -premises for any lawful public purpose, with a primary purpose of operating a
municipal golf course with facilities appurtenant thereto, and shall have the right to construct
upon the leased premises any buildings or other structures, provided any such buildings or
structures do not in any way curtail the use of the airport facilities in their usual operations and
provided further that any such buildings or structures are approved, in writing, by the
Sebastian City Council and the FAA prior to commencement of any constriction.
(a) The Tenant covenants and agrees that all such construction shall be in accordance
with the local and state codes, regulations and requirements as well as in accordance with all
requirements of the Federal Aviation Arhmnistration ( "FAA ").
(b) The Tenant shall indemnify, defend and hold the Landlord harmless from any
claims, losses, damages or fiens arising out of the construction of any such buildings or
structures.
(c) All buildings, structures and fn=es of every kind now or hereafter erected or
placed on the leased premises shall, at the end of the term or earlier termination of this Lease,
for any reason, be and become the property of the Landlord and shall be left in good condition
and repair, ordinary wear and damage by the elements excepted In order to confirm sole
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127 of 147
ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all
documents of transfer wbich Landlord deems necessary to perfect title to said improvements.
The Tenant agrees that all improvements shall, upon the termination of this Lease for any
reason, be free and clear of all encumbrances, liens, and�title defects of any ldnd.
6. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased
premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in
connection with the use of the leased premises, the Tenant will observe and comply with all
applicable laws, ordinances, orders and regulations prescribed by lawful authorities having
jurisdiction over the leased premises.
7. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain
or repair the leased premises or any improvements located thereon or any part thereof during
the lease term or any renewal thereof
The Tenant agrees, at its sole cost and expense, to maintain all of the improvements,
including, but not limited to, buildings (and all parts thereof) and the parking areas located on
the leased premises is a good state of maintenance and repair and to keep the leased.premises
in a clean, neat and orderly condition in accordance with local ordinances, including but not
limited to, the Sebastian Land Development Code and all other community standards
ordinances. It is an express condition of this Lease that the leased premises be kept in an
attractive manner at all times.
Upon obtaining the prior written consent of the Landlord, wbich consent may not be
unreasonably witbheld, the Tenant, at its sole cost and expense, may erect such additional
improvemeats on the leased premises as it deems appropriate and may make such alterations or
major 'renovations to the existing improvements as it deems appropriate, provided, however,
that such alterations or renovations shall not disturb the structural integrity of such existing
improvements, and provided that the alterations or renovations shall comply with all applicable
governmental regulations.
The Tenant shall indemnify, defend and hold the Landlord harmless from any claims,
losses, damages or liens arising out of or in any way connected with such additions or
renovations
3
128 of 14
S. IJPIL=S. The Tenant shall be responsible for all costs of electricity, lights,
water, sewer, beat, janitor service or any other utility or service consumed in connection with
the leased premises. The Landlord shall have no liability for the failure to procure, or the
interruption og any such services or utilities.
9. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on
the premises as may be permitted by applicable law, provided, however, the Landlord must
approve any such signs in writing prior to erection. The Landlord may impose any reasonable
restrictions as, in the sole discretion of the Landlord, are deemed necessary.
10. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes,
assessments or any other governmental charge levied or assessed against the Ieased premises
(including the Tenant's leasehold by the appropriate governmental authorities), together with
all ad valorem taxes assessment or other governmental charge levied against any stock of
merchandise, furniture, furnishings, equipment and p&er property located in, or upon the
leased premises. All shall be paid by the Tenant on a itinrely basis and receipts therefor shall be
provided to the Landlord upon request.
11. INSURANCE. In the event that the Tenant's use and occupancy of the
premises causes any increase in the premium for any property casualty or fire insurance
maintained by Landlord on the Leased Premises or any portion thereof Tenant shall reimburse
Landlord for the amount of said increase within thirty days of notice of the same.
12. DWEM1MCATION. The Tenant agrees hereby to defend, indemnify and save
the Landlord harmless from any and all actions, demands, Habffities, claims, losses or litigation
arising out of or connected with the Tenant's occupancy or use of the leased premises and the
use of the leased premises by tenant's agents, employees, and invitees, including all attorney's
fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the
termination or cancellation of the Lease.
13. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend
and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities,
damages, and expenses {including, without limitation, clean -up costs and reasonable attorney's
fees) resulting directly or indirectly from, out of or by reason of any hazardous or toxic
materials, substances, pollutants, contaminants. petroleum products, hydrocarbons or wastes
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129 of 147
being located on the property and being caused by the Tenant or its sub - Tenants. The
presence of said substance or materials on the leased premises shall raise the presumption that
Tenant is the cause of such presence. This Paragraph 16 shall survive the termination or
cancellation of the Lease.
14. PREVE ,MON OF USE OF THE PREMISES. If, after the effective date of this
Lease, the Tenant is precluded or prevented from using the leased premises for those primary
purposes identified in this Lease, by reason of any zoning law, ordinance or regulation of any
authority having jurisdiction over the leased premises and such prohibition shall continue for a
period in excess of ninety (90) consecutive days, the Tenant may terminate this Lease by
y giving Landlord fifteen days notice in writing.
15. GOVERAT11rIENT SEPL M. In the event the United States Government, or any
agency or subdivision thereof at any time during the term of this Lease takes over the
operation or use of the airfield and/or Airport which results in the Tenant being unable to
operate under the terms of the Lease, then the Lease may be extended upon mutual agreement
of the Tenant and the Landlord for an additional period equal to the time the Tenant has been
deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90)
consecutive days, either party, at its sole discretion, may terminate this Lease.
16. IDENTITY OF WTEREST. The execution of this Lease or the performance of
any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of
creating between the Landlord and the Tenant the relationship of principal and agent or of a
partnership or of a joint venture and the relationship between them shall be and remain only
that of landlord and tenant.
17. HUGHTIHAZARD RESTRICTIONS. The Tenant expressly agrees for itself; its
successors and assigns, to restrict the height of structures, objects of natural growth and other
obstructions on the leased premises to such a height so as to comply with all Federal Aviation
Regulations, State laws and focal ordinances, rules and regulations now existing and
hereinafter promulgated.
The Tenant expressly agrees for itself; its successors and assigns, to prevent any use of
the leased premises which would interfere with or adversely affect the operation or
maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants
5
130 of 14
and acimowledges that the use of the leased premises as proposed by the Tenant does not
interfere with or adversely affect the operation or maintenance of the Airport or otherwise
constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for
the use and benefit of the public, a right of flight for the passage of aircraft in the airspace
above the surface of the leased premises, together with the right to cause in such airspace
such noise as may be inherent in the operation of aircraft, now known or hereafter used, for
navigation or flight in the airspace, and for use of said airspace for landing on, taking off from,
or operating on the Airpork
18. NONDISCR&ONATION The Tenant for itself; its personal representatives,
successors in interest and assigns, as part of the consideration hereof; does hereby covenant
and agree as a covenant running with the land that (i) no person on the grounds of religion,
gender, marital status, race, color or national origin shall'be excluded from participation in,
denied the benefits of or be otherwise subject to discrimination in the use of the Tenant's
facilities; (ii) that in the construction of any improvements oA over or under the leased
premises and the furnishing of services thereon, no person on the grounds of religion, gender,
marital status, race, color or national origin shall be excluded from participation in, denied the
benefits og or otherwise be subjected to discrimination; (1) that the Tenant shall use the
premises in compliance with all other requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally Assist�A Programs of the Department of
Transportation - Effectuation of Title VI ofthe Civil Rights Act of 1964.
In the event of the breach of any of the above non - discrimination covenants, the
Landlord shall promptly notify the Tenant; in writing, of such breach and the Tenant shall
immediately commence curative action. Such action by the Tenant shall be diligently pursued
to its conclusion, and if the Tenant shall then, fail to commence or diligently pursue action to
cure said breach, the Landlord shall then have the right to terminate this Lease and to re -enter
and repossess said land and improvements thereon.
19. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or
sublet the leased premises or any portion thereof, or otherwise transfer any right or interest
hereunder without the prior written consent of the Landlord, which consent may not be
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unreasonably withheld If the Landlord consents, in writing, to the assignment, subletting or
other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to
the particular instance specified in the written consent and the Tenant shall not be relieved of
any duty, obligation or liability under the provisions of its Lease.
20. BINDING EFFECT. The terms and provisions of this Lease shall be binding on
the parties hereto and their respective heirs, successors, assigns and personal representatives,
and the terms'of any Addendum attached hereto are incorporated herein. It is acknowledged
that the validity of said lease is subject to its approval by the Federal Aviation Administration.
The Tenant acknowledges that the Landlord is required by law to operate under an
Airport Master Plan and the Tenant covenants that he will use the leased premises consistent
with the Airport Master Plan.
21. ENTIRE AGREEMENT. This Lease contains all of the understandings by and
between the parties hereto relative to the leasing of the premises herein described, 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.
APPROVED by the City at its regular meeting on the day and year first above written.
: C rY OF SEBASTIAN
ace4CrMl5rore al Corpo 'on
Lz'A
.tom ;
d. allo MMC , City Manag er
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich Stringer, City _ rney
7
132 of 14
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v 69,35
AIRPORT LEA AMENDMENT
THIS AMENDMENT of that certain AIRPORT LEASE dated
August 23, 2000 (hereinafter called "Lease "), providing for the use
of land from the Sebastian Municipal Airport in the operation of the
Sebastian Municipal Golf Course, by and between the City of
Sebastian (hereinafter called "City "), a municipal corporation
existing under the laws of the State of Florida, provides as follows:
WITNESSETH:
WHEREAS, the CITY is the owner of certain property located in the County of
Indian River, Florida; and
WHEREAS, the certain property constitutes a portion of the Sebastian Municipal
Airport (hereinafter called "Airport"); and
WHEREAS, the CITY has leased a portion of such property from the Airport
Enterprise Fund, for use of the Sebastian Municipal Golf Course; and
WHEREAS, the CITY has determined that the fair value previously established in
said Lease should be adjusted; and
WHEREAS, the CITY wishes to modify said Lease; and
WHEREAS, the Airport is agreeable to said changes to said Lease; and
WHEREAS, the CITY desires to continue to lease the said property from the Airport,
and to that end and in consideration of the premises, and the covenants, terms and
conditions to be performed as set forth hereinafter,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
urovided. it is decreed as follows:
Section 4. RENT, of the Lease is hereby amended to read as follows:
4. RENT. The parties agree that the rent, payable by the CITY, during the term of
this Lease shall be as follows:
(a) October 1, 2000 through September 30, 2005 $120,000
(b) October I, 2005 through September 30, 2009 $175,000
(c) October 1, 2009 through September 30, 2015 $135,000
The rent for the leased premises shall be payable in advance, in monthly installments,
commencing from the date of commencement of this Lease, as described above and on a lice
day of every month thereafter during the term of this Lease. In addition to the rental amount,
the Tenant shall pay all applicable taxes arising from this Lease, if any.
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I/
• �i
1
AGENDA TRANSMITTAL
Subject:
Agenda No. ! 2_0- /3.130
NDPES — Stormwater Ordinance
Department Origin: City Manager
City Attorney:
A pro for Submittal by:
1
City Clerk:
Date Submitted: 18 SEP 13
I n r, City Manager
For Agenda Of: 25 SEP 13
Exhibits:
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
N/A
N/A
N/A
SUMMARY
As part of FDEP's implementation of the National Pollutant Discharge Elimination
System ( MPDES) program, local governments are required to adopt a "Stormwater
Ordinance" which affirms government's role in promoting /applying pollution control and
Best Management Practice (BMP) methods. This ordinance is part of NPDES permitting
process.
Staff has developed the attached ordinance through our partnership with Neel- Schaffer
Engineering.
RECOMMENDATION
Staff recommends approval of the ordinance on first reading and setting public hearing
and second reading.
135 of 147
ORDINANCE NO. 0-13-11
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF
ORDINANCES CREATING ARTICLE VI, RELATING TO THE
IMPLEMENTATION OF AN URBAN STORMWATER QUALITY
MANAGEMENT AND DISCHARGE CONTROL PROGRAM TO REDUCE
POLLUTANT DISCHARGES TO THE MUNICIPAL SEPARATE STORM
SEWER SYSTEM (MS4) IN COMPLIANCE WITH FEDERAL CLEAN
WATER ACT; PROVIDING FOR PURPOSE AND INTENT; PROVIDING
FOR DISCHARGE AND PROHIBITION; PROVIDING FOR
REGULATION AND REQUIREMENTS; PROVIDING FOR
INSPECTIONS AND MONITORING; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABILTY AND EFFECTIVE DATE.
WHEREAS, the City of Sebastian was designated by the United States
Environmental Protection Agency as a regulated local government under Phase 2 of the
National Pollutant Discharge Elimination System (NPDES) Stormwater Permitting
Program; and,
WHEREAS, this designation requires the City of Sebastian to develop and
implement an Ordinance or other regulatory mechanism to require erosion and
sediment controls, to implement sanctions to ensure compliance and to reduce
pollutants in any stormwater runoff to the MS4; and,
WHEREAS, the City Council of the City of Sebastian desires to implement this
Ordinance to comply fully with the requirements of the designation as a regulated local
government;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN AS FOLLOWS:
SECTION 1. NEW CHAPTER. A new Chapter 102 - Article VI, Urban Storm Water
Quality Management and Discharge Control, is hereby created to read as follows:
ARTICLE VI
URBAN STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONTROL
DIVISION I - PURPOSE AND DEFINITIONS
Section 102 -130. Title and General Provisions. This Article shall be known as the
"Urban Storm Water Quality Management and Discharge Control Ordinance" of the City
of Sebastian and may be so cited.
136 of 147
Section 102 -131. Purpose and Intent. The purpose and intent of this Article is to
ensure the health, safety, and general welfare of citizens, and protect and enhance the
water quality of watercourses and water bodies in a manner pursuant to and consistent
with the Federal Clean Water Act (33 U.S.C. §1251 et seq.) by reducing pollutants in
storm water discharges to the maximum extent practicable and by prohibiting non -storm
water discharges to the storm drain system.
Section 102 -132. Definitions. The terms used in this Article shall have the following
meanings:
(a) Best Management Practices. Activities, practices, and procedures to prevent or
reduce the discharge of pollutants directly or indirectly to the municipal storm drain
system and waters of the United States. Best Management Practices include but are not
limited to: treatment facilities to remove pollutants from storm water; operating and
maintenance procedures; facility management practices to control runoff, spillage or
leaks of non -storm water, waste disposal, and drainage from materials storage; erosion
and sediment control practices; and the prohibition of specific activities, practices, and
procedures and such other provisions as the City determines appropriate for the control
of pollutants. The City of Sebastian's Stormwater Master Plan or Stormwater Pollution
Prevention Plan (SINPPP), as discussed further under Section 102 -141 herein, provides
for specific requirements.
(b) Ci r. The City of Sebastian.
1. The duly appointed City Manager of the City of Sebastian, or designee.
(c) Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.),
and any subsequent amendments thereto.
(d) Construction Activity. Activities subject to NPDES Construction Permits. These
include construction projects resulting in land disturbance of 5 acres or more. Such
activities include but are not limited to clearing and grubbing, grading, excavating, and
demolition.
(e) Hazardous Materials. Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present or
potential hazard to human health, safety, property, or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed.
(f) Illegal Discharge. Any direct or indirect non -storm water discharge to the storm drain
system, except as exempted in Division II, Section 102 -138 of this chapter.
(g) Illicit Connections. An illicit connection is defined as either of the following:
1. Any drain or conveyance, whether on the surface or subsurface, which allows
an illegal discharge to enter the storm drain system including but not limited to
any conveyances which allow any non -storm water discharge including sewage,
process wastewater, and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted, or
approved by a government agency; or
2. Any drain or conveyance connected from a commercial or industrial land use
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to the storm drain system which has not been documented in plans, maps, or
equivalent records and approved by the City.
(h) Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40
CFR, Section 122.26 (b)(14).
(i) National Pollutant Discharge Elimination System ( NPDES) Storm Water Discharge
Permits. A permit issued by the Environmental Protection Agency (EPA) or the Florida
Department of Environmental Protection (FDEP) that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable on an
individual, group or general area -wide basis.
Q) Non -Storm Water Discharge. Any discharge to the storm drain system that is not
composed entirely of storm water.
(k) Pollutant. Anything which causes or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids;
non - hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter,
or other discarded or abandoned objects, articles, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved
and particulate metals; animal wastes; wastes and residues that result from constructing
a building or structure (including but not limited to sediments, slurries, and concrete
rinsates); and noxious or offensive matter of any kind.
(1) Pollution. The human -made or human - induced alteration of the quality of waters by
waste to a degree which unreasonably affects, or has the potential to unreasonably
affect, either the waters for beneficial uses or the facilities which serve these beneficial
uses.
(m) Premises. Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
(n) Storm Drain System. Publicly -owned facilities operated by the City by which storm
water is collected and /or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human -made or altered drainage channels,
reservoirs, and other drainage structures which are within the City and are not part of a
publicly owned treatment works as defined at 40 CFR Section 122.2.
(o) Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from
rain storm events.
(p) Waters of the United States. Surface watercourses and water bodies as defined at
40 CFR § 122.2. including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may only carry water
during rains and storms and may not carry storm water at and during all times and
seasons.
Section 102 -133. Applicability. This Article shall apply to all water entering the storm
drain system generated on any developed and undeveloped lands lying within the City
of Sebastian including any amendments or revisions thereto.
Section 102 -134. Responsibility for Administration. The City Manager or the City
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Manager's designee shall administer, implement, and enforce the provisions of this
Article. Any powers granted or duties imposed upon the City Manager may be
delegated in writing to persons or entities acting in the beneficial interest of or in the
employ of the City.
Section 102 -135. Severability. The provisions of this Article are hereby declared to be
severable. If any provision, clause, sentence, or paragraph of this Article or the
application thereof to any person, establishment, or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application of this Article.
Section 102 -136. Regulatory Consistency. This Article shall be construed to assure
consistency with the requirements of the Clean Water Act and acts amendatory thereof
or supplementary thereto, or any applicable implementing regulations.
Section 102 -137. Ultimate Responsibility of Discharger. The standards set forth herein
and promulgated pursuant to this Article are minimum standards; therefore this Article
does not intend nor imply that compliance by any person will ensure that there will be no
contamination, pollution, nor unauthorized discharge of pollutants into waters of the U.S.
caused by said person. This Article shall not create liability on the part of the City of
Sebastian, or any agent or employee thereof for any damages that result from any
discharger's reliance on this Article or any administrative decision lawfully made
thereunder.
DIVISION II - DISCHARGE PROHIBITIONS
Section 102 -138. Prohibition of Illegal Discharges. No person shall discharge or cause
to be discharged into the municipal storm drain system or watercourses any materials,
including but not limited to pollutants or waters containing any pollutants that cause or
contribute to a violation of applicable water quality standards, other than storm water.
The commencement, conduct or continuance of any illegal discharge to the storm drain
system is prohibited except as described as follows:
(a) Discharges from the following activities will not be considered a source of pollutants
to the storm drain system and to waters of the U.S. when properly managed to ensure
that no potential pollutants are present, and therefore they shall not be considered
illegal discharges unless determined to cause a violation of the provisions of the Clean
Water Act, or this ordinance: potable water line flushing; uncontaminated pumped
groundwater and other discharges from potable water sources; landscape irrigation and
lawn watering; diverted stream flows; rising groundwater; groundwater infiltration to the
storm drain system; uncontaminated foundation and footing drains; uncontaminated
water from crawl space pumps; air conditioning condensation; uncontaminated non-
industrial roof drains; springs; individual residential and occasional non - commercial car
washing; flows from riparian habitats and wetlands; dechlorinated swimming pool
discharges; street wash waters; and flows from fire fighting.
(b) The prohibition shall not apply to any non -storm water discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the discharger and
administered by the FDEP under the authority of the Federal Environmental Protection
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Agency, provided that the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations, and provided that
written approval has been granted by the City of Sebastian for any discharge to the
storm drain system.
(c) With written concurrence of the Regional Board, the City of Sebastian may exempt in
writing other non -storm water discharges which are not a source of pollutants to the
storm drain system nor waters of the U.S.
Section 102 -139. Prohibition of Illicit Connections
(a) The construction, use, maintenance or continued existence of illicit connections to
the storm drain system is prohibited.
(b) This prohibition expressly includes, without limitation, illicit connections made in the
past, regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
Section 102 -140. Waste Disposal Prohibitions. No person shall throw, deposit, leave,
maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any
public or private property, driveway, parking area, street, alley, sidewalk, component of
the storm drain system, or water of the U.S., any refuse, rubbish, garbage, litter, or
other discarded or abandoned objects, articles, and accumulations, so that the same
may cause or contribute to pollution. Wastes deposited in streets in proper waste
receptacles for the purposes of collection are exempted from this prohibition.
Section 102 -141. Discharges in Violation of Industrial or Construction Activity NPDES
Storm Water Discharge Permit. Any person subject to an industrial or construction
activity NPDES storm water discharge permit shall comply with all provisions of such
permit. Proof of compliance with said permit may be required in a form acceptable to the
City Manager prior to or as a condition of a subdivision map, site plan, building permit,
or development or improvement plan; upon inspection of the facility; during any
enforcement proceeding or action; or for any other reasonable cause.
DIVISION III - REGULATIONS AND REQUIREMENTS
Section 102 -142. Requirement to Prevent Control and Reduce Storm Water Pollutants
(a) Authorization to Adopt and Impose Best Management Practices. The City will adopt
requirements identifying Best Management Practices for any activity, operation, or
facility which may cause or contribute to pollution or contamination of storm water, the
storm drain system, or waters of the U.S. Such requirement will be located in the
Stormwater Master Plan /SWPPP. Where Best Management Practices requirements are
promulgated by the City or any federal, State of Florida, or regional agency for any
activity, operation, or facility which would otherwise cause the discharge of pollutants to
the storm drain system or water of the U.S., every person undertaking such activity or
operation, or owning or operating such facility shall comply with such requirements.
The City Manager will report to the City Council annually on the status of
implementation of BMP's, the pollutants of concern to be addressed the next year, and
any new BMPs to be developed. BMP's developed under this program will be included
in the City of Sebastian's Stormwater Master Plan /SWPPP.
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(b) New Development and Redevelopment. The City may adopt requirements
identifying appropriate Best Management Practices to control the volume, rate, and
potential pollutant load of storm water runoff from new development and redevelopment
projects as may be appropriate to minimize the generation, transport and discharge of
pollutants. The City shall incorporate such requirements in any land use entitlement and
construction or building - related permit to be issued relative to such development or
redevelopment. The owner and developer shall comply with the terms, provisions, and
conditions of such land use entitlements and building permits as required in this Article.
(c) Responsibility to Implement Best Management Practices. Notwithstanding the
presence or absence of requirements promulgated pursuant to subsections (a) and (b),
any person engaged in activities or operations, or owning facilities or property which will
or may result in pollutants entering storm water, the storm drain system, or waters of the
U.S. shall implement Best Management Practices to the extent they are technologically
achievable to prevent and reduce such pollutants. The owner or operator of a
commercial or industrial establishment shall provide reasonable protection from
accidental discharge of prohibited materials or other wastes into the municipal storm
drain system or watercourses. Facilities to prevent accidental discharge of prohibited
materials or other wastes shall be provided and maintained at the owner or operator's
expense.
Best Management Practices required by the City can be obtained from the Public Works
Department by requesting the Stormwater Master Plan or Stormwater Pollution
Prevention Plan appropriate to a commercial or industrial activity. BMP's are broken into
three categories: "high priority" which are required to be implemented, "medium priority"
which are desirable to implement, and "low priority."
Section 102 -143. Requirement to Eliminate Illegal Discharges
Notwithstanding the requirements of Division IV, Section 102 -149 herein, the City
Manager may require by written notice that a person responsible for an illegal discharge
immediately, or by a specified date, discontinue the discharge and, if necessary, take
measures to eliminate the source of the discharge to prevent the occurrence of future
illegal discharges.
Section 102 -144. Requirement to Eliminate or Secure Approval for Illicit Connections
(a) The City Manager may require by written notice that a person responsible for an
illicit connection to the storm drain system comply with the requirements of this Article to
eliminate or secure approval for the connection by a specified date, regardless of
whether or not the connection or discharges to it had been established or approved
prior to the effective date of this Article.
(b) If, subsequent to eliminating a connection found to be in violation of this Article, the
responsible person can demonstrate that an illegal discharge will no longer occur, said
person may request City approval to reconnect. The reconnection or reinstallation of the
connection shall be at the responsible person's expense.
Section 102 -145. Watercourse Protection. Every person owning property through which
a watercourse passes, or such person's lessee, shall keep and maintain that part of the
watercourse within the property reasonably free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly retard the flow of
water through the watercourse. In addition, the owner or lessee shall maintain existing
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privately owned structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity of the watercourse.
The owner or lessee shall not remove healthy bank vegetation beyond that actually
necessary for maintenance, nor remove said vegetation in such a manner as to
increase the vulnerability of the watercourse to erosion. The property owner shall be
responsible for maintaining and stabilizing that portion of the watercourse that is within
their property lines in order to protect against erosion and degradation of the
watercourse originating or contributed from their property.
Section 102 -146. Requirement to Remediate. Whenever the City Manager finds that a
discharge of pollutants is taking place or has occurred which will result in or has
resulted in pollution of storm water, the storm drain system, or water of the U.S., the
City Manager may require by written notice to the owner of the property and /or the
responsible person that the pollution be remediated and the affected property restored
within a specified time pursuant to the provisions of sections 102 -151 through 102 -154
below.
Section 102 -147. Requirement to Monitor and Analyze. The City Manager may require
by written notice of requirement that any person engaged in any activity and /or owning
or operating any facility which may cause or contribute to storm water pollution, illegal
discharges, and /or non -storm water discharges to the storm drain system or waters of
the U.S., to undertake at said person's expense such monitoring and analyses and
furnish such reports to the City of Sebastian as deemed necessary to determine
compliance with this Article.
Section 102 -148. Notification of Spills. Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known or suspected release
of materials which are resulting or may result in illegal discharges or pollutants
discharging into storm water, the storm drain system, or water of the U.S. from said
facility, said person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of a hazardous material
said person shall immediately notify emergency response officials of the occurrence via
emergency dispatch services (911). In the event of a release of non - hazardous
materials, said person shall notify the City's Public Works Department in person or by
phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in
person or by phone shall be confirmed by written notice addressed and mailed to the
City's Public Works Department within three business days of the phone notice. If the
discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on -site
written record of the discharge and the actions taken to prevent its recurrence. Such
records shall be retained for at least three years.
DIVISION IV - INSPECTION AND MONITORING
Section 102 -149. Authority to Inspect. Whenever necessary to make an inspection to
enforce any provision of this Article, or whenever the City Manager has cause to believe
that there exists, or potentially exists, in or upon any premises any condition which
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constitutes a violation of this Article, the City Manager may enter such premises at all
reasonable times to inspect the same and to inspect and copy records related to storm
water compliance. In the event the owner or occupant refuses entry after a request to
enter and inspect has been made, the City is hereby empowered to seek assistance
from any court of competent jurisdiction in obtaining such entry.
Section 102 -150. Authority to Sample, Establish Sampling Devices, and Test. During
any inspection as provided herein, the City Manager may take any samples and perform
any testing deemed necessary to aid in the pursuit of the inquiry or to record site
activities.
DIVISION V - ENFORCEMENT
Section 102 -151. Notice of Violation. Whenever the City Manager finds that a person
has violated a prohibition or failed to meet a requirement of this Article, the City
Manager may order compliance by written notice of violation to the responsible person.
Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of storm water pollution or contamination hazards and
the restoration of any affected property; and
(e) Payment of a fine to cover administrative and remediation costs; and
(f) The implementation of source control or treatment BMPs.
If abatement of a violation and /or restoration of affected property is required, the notice
shall set forth a deadline within which such remediation or restoration must be
completed. Said notice shall further advise that, should the violator fail to remediate or
restore within the established deadline, the work will be done by the City or a contractor
designated by the City Manager and the expense thereof shall be charged to the
violator pursuant to Section 102 -153 below.
Section 102 -152. Appeal. Notwithstanding the provisions of Section 102 -155 below,
any person receiving a Notice of Violation under Section 102 -151 above may appeal the
determination of the City Manager to the City Council. The notice of appeal must be
received by the City Manager within 5 days from the date of the Notice of Violation.
Hearing on the appeal before the City Council shall take place within 30 days from the
date of City's receipt of the notice of appeal. The decision of the City Council shall be
final.
Section 102 -153. Abatement by City. If the violation has not been corrected pursuant
to the requirements set forth in the Notice of Violation, or, in the event of an appeal
under section 102 -152, then the City or a contractor designated by the City Manager
shall enter upon the subject private property and is authorized to take any and all
measures necessary to abate the violation and /or restore the property. It shall be
unlawful for any person, owner, agent or person in possession of any premises to
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refuse to allow the City or designated contractor to enter upon the premises for the
purposes set forth above.
Section 102 -154. Charging Cost of Abatement/Liens. Within 30 days after abatement of
the nuisance by City, the City Manager shall notify the property owner of the property of
the cost of abatement, including administrative costs. The property owner may file a
written protest objecting to the amount of the assessment with the City Clerk within 15
days. The City Clerk shall set the matter for public hearing by the City Council. The
decision of the City Council shall be set forth by resolution and shall be final.
If the amount due is not paid within 10 days of the decision of the City Council or the
expiration of the time in which to file an appeal under this Section, the charges shall
constitute a lien on the property for the amount of the assessment.
Section 102 -155. Urgency Abatement. The City Manager is authorized to require
immediate abatement of any violation of this Article that constitutes an immediate threat
to the health, safety or well -being of the public. If any such violation is not abated
immediately as directed by the City Manager, the City of Sebastian is authorized to
enter onto private property and to take any and all measures required to remediate the
violation. Any expense related to such remediation undertaken by the City of Sebastian
shall be fully reimbursed by the property owner and /or responsible party. Any relief
obtained under this section shall not prevent City from seeking other and further relief
authorized under this Article.
Section 102 -156. Violations. It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Article. A violation of or failure to
comply with any of the requirements of this Article shall be subject to the penalties set
forth in City Code.
Section 102 -157. Compensatory Action. In lieu of enforcement proceedings, penalties,
and remedies authorized by this Article, the City Manager may impose upon a violator
alternative compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
Section 102 -158. Violations Deemed a Public Nuisance. In addition to the enforcement
processes and penalties hereinbefore provided, any condition caused or permitted to
exist in violation of any of the provisions of this Article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily abated or
restored by the City at the violator's expense, and /or a civil action to abate, enjoin, or
otherwise compel the cessation of such nuisance may be taken by the City.
Section 102 -159. Acts Potentially Resulting in a Violation of the Federal Clean Water
Act. Any person who violates any provision of this Article or any provision of any
requirement issued pursuant to this chapter, may also be in violation of the Clean Water
Act and may be subject to the sanctions of those acts including civil and criminal
penalties. Any enforcement action authorized under this Article shall also include written
notice to the violator of such potential liability."
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SECTION 2. SEVERABILITY. If any section or part of a section of this
ordinance is declared invalid or unconstitutional, the validity, force and effect of any
other section or part of a section of this ordinance shall not thereby be affected or
impaired unless it clearly appears that such other section or part of a section of this
ordinance wholly or necessarily dependent upon the section or port of a section so held
to be invalid or unconstitutional.
SECTION 3. CONFLICT. This ordinance shall prevail over all other ordinances
which are in conflict with this ordinance. If any clause, section or other part or
application of this ordinance shall be help by any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated and in no way affecting the validity of the remaining portions
or applications remaining in full force and effect.
SECTION 4. EFFECTIVE DATE. This ordinance shall be enacted upon its final
adoption.
The foregoing ordinance was moved for adoption by Council Member The
motion was seconded by Council Member and, upon being put to a vote,
the vote was as follows:
Mayor Bob McPartlan
Vice -Mayor Don Wright
Council Member Jerome Adams
Council Member Andrea Coy
Council Member Jim Hill
The Mayor thereupon declared this ordinance duly passed and adopted this
of .2013.
ATTEST:
Sally A. Maio, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Bob McPartlan
Approved as to form and content:
Robert A. Ginsburg
City Attorney
day
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AGENDA TRANSMITTAL
Subject: Agenda No. �k2E'- 13.131
Consideration of Motion to Release -
Interest on Lien and Disposition of Fine Department Origin: Code
on 1678 Fatima Court Enforcement Division
Ap rov for Submittal by: Finance:
City Attorney:
City Clerk:
AI I n r, City Manager Date Submitted: t. 13 2013
For: Meeting of September 25, 2013
SUMMARY OF STATEMENT
Mr. and Mrs. Jose Figueroa have contacted our office to request relief of interest on one (1) code
enforcement lien against 1678 Fatima Court. This lien was filed against this property for a 5'
cutback service performed by our vendor and was paid for by the City of Sebastian. This lien has
accumulated interest since 2011. The Clerk of Courts charges a $10.00 recording fee for each
document recorded. The $10.00 has already been included in the Original Lien Amount, however,
the $10.00 to record the release of lien is payable at the time of filing the release.
CASE NUMBER
ORIGINAL LIEN
AMOUNT
INTEREST
RECORDING FEE
FOR RELEASE
PAYOFF AMOUNT
11 -1106
$515.93
$228.73
$10.00
$754.66
TOTAL
$515.93
$228.73
$10.00
$754.66
RECOMMENDED ACTION
State law authorizes the City Council to consider this request. If Council decides to release just
the interest, then the payoff amount due would be $525.93 (original lien amount plus recording
fee).
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