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HomeMy WebLinkAbout_2002 10 29 City Commission Special Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING OCTOBER 29, 2002 I. CALL TO ORDER The Special Meeting of Monday, October 29,2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed the Invocation. II. REGULAR REGULAR A. Office Of The City Manager Requesting The City Commission To Resolve Outstanding Contract Issues For Contract Year 2001-2002 With The City's Fire Union Local 3296, And Authorize The City Manager To Execute The Contract On Behalf Of The Commission. Mr. Richard P. Siwica, Esquire, Attorney, Egan, Lev & Siwica, P.A., Post Office Box 2231, Orlando, Florida: as legal counsel to the Winter Springs Professional Firefighters Local 3296, Mr. Siwica presented his opening comments to the City Commission. Mr. Jeffrey E. Mandel, Esquire, Muller Mintz, 255 South Orange Avenue, Suite 1525, Orlando, Florida: representing the City as legal counsel, Mr. Mandel presented his opening remarks to the Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBBER 29,2002 PAGE 2 OF 12 Regarding the Florida Statutes related to this Hearing, Commissioner Michael S. Blake stated, "Please site the section of the Statutes that that is in." Mr. Siwica answered, "It is in the letter I believe that the Mayor read." Commissioner Blake then said, "I would appreciate it if any of the Attorneys - when they want to utilize a section of Statutes specifically, either side, I would like them to please specifically site the section of the Florida Statutes that it is coming from so I can keep track of it." Mr. Siwica responded, "It is 447.403(4)(d) - which provides that the Legislative body shall take action as it deems to be in the public interest, including the interest of the public employees involved." Presentations ensued. Tape I1Side B Further presentations by legal counsel followed. Discussion. Tape 2/Side A Mr. Mandel stated, "The existing Collective Bargaining Agreement does not contain a Management Rights Clause. Instead, the existing Collective Bargaining Agreement contains pages upon pages of Union Rights and Employee Rights with - mention of Management Rights. We have simply asked the Union to include in the contract a couple of pages recognizing Management's right to determine the scope and course of the services to be provided to the members of the public. The clause is absolutely necessary in the contract. The reason being that if we were to ever go to Arbitration, the first thing an Arbitrator does is -look and see what is in the contract." Discussion. Mayor Partyka recessed the Meeting at 8:12 p.m. The Meeting reconvened at 8:21 p.m. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Richard B. Werner, 526 Pleasant Grove Drive, Winter Springs, Florida: spoke of his concern and appreciation for the Winter Springs' Firefighters and the Fire Department. Mr. John F. Bush, 21 Tarpon Cire/e, Winter Springs, Florida: spoke about his concerns with this issue and asked that the matter be resolved. Mr. Andrew Stafford, 1190 Irwin Court, Winter Springs, Florida: remarked that the firefighters are special and asked that a decision be made. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBBER 29, 2002 PAGE 3 OF 12 Mr. Jim Pappas, 1115 Deer Run Drive, Winter Springs, Florida: commented on life safety concerns. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke on union issues and fiscal concerns. Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: asked the City Commission to consider the Firefighters requests. Mr. John Ferring, 694 Benitawood Court, Winter Springs, Florida: spoke in support of Firefighters and asked about the cost of the latest edition of the City's Newsletter. The "Public Input" portion of this Agenda Item was e/osed. Commissioner Edward Martinez, Jr. commented about "Turnover" within the Fire Department. Mr. Siwica stated, "At no point at any time today did I say that there were vacancies that were unfilled." Tape 2/Side B Discussion. Commissioner Blake spoke of Item "A." addressing Merit Increase System and suggested "Not to go with the Union's request on that - but to modify the City's offer on that also in a way that still provides for the 4.5% per Department, but to have a special fund established in the City for 6% whereby and it would require a Department Head to come to the City Manager for each employee. It is not just for the thirty (30) Fire employees either, I am talking about something city-wide here." Commissioner Blake also stated, "The 5% Paramedic Preceptor pay, I do not agree with that. So on Item 'B.,' I would agree with the Manager's proposal" and "On 'c.,' the vacation pay overtime rate - I think we do not go with that. I think we can make it up later on." In regards to Item "F.," CoI11I1i.issioner Blake said, "I think that this item can help the salary compression, and I think you can implement this." Tape 3/Side A Commissioner Blake stated further, "Item 'G.,' I would leave just as it is - go for Management's proposal there. Item "H." - I think we need this to be in place, to stay in place, stay the way it is because you need to have the incentive to come to the table as well." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBBER 29, 2002 PAGE 4 OF 12 Commissioner Blake stated, "Point of Order" - "Clearly the discussion we are having tonight is about and has been defined as a discussion of October ]st, 200] to the end of September 2002. " Commissioner David W. McLeod spoke on ment Increases and stated, "I would at present time, continue to agree and maintain our current uniform at 0% to 6%." Further, Commissioner McLeod stated, "In the past, I am sure that Mr. [Ronald W.] McLemore [City Manager] has come back to the Commission and told us that I have a Department that I need to have more funding for because of the merit reviews - I have confidence that we are not getting a lot of that." Discussion. Commissioner McLeod stated further, "Again, I would still like numbers, dollars, percentages, number of employees that we are talking about that were truly affected by that method. And if it is something that needs to be further discussed, then I would hope that in your next negotiation, that you would be able to come up with those facts and figures because then we can deal with facts." In regards to the "Operators" - Commissioner McLeod stated, "I do not think we need to create positions - I think we need to be fair within the position of where the people are and be fair at the movement of those people. I would ask the Fire Chief and the City Manager to make sure we are fair in where we are moving these people, and make sure those people that are deserving of those areas - be promoted to those areas." Commissioner McLeod then spoke of negotiations being in "Good faith" and said, "I would hope by all means not to see - that we go through the complete year without getting to the bottom of the issues. I encourage you as a Union, and I encourage Mr. McLemore to try to sit down, ifit takes five (5) times, ten (10) times, whatever it takes- this Commission sits down on issues more than once to discuss them." Commissioner McLeod then stated, "1 would like to see us make sure that doesn't happen this year; however, maintaining the rollover provision in our contract, I think is very important." Further, Commissioner McLeod asked Manager McLemore, "2002-2003 - has there been a time frame set for the first Meeting?" Manager McLemore stated, "We are ready to go as soon as we complete this." Commissioner McLeod stated, "So within a couple of weeks I suspect that you will be sitting down together?" Manager McLemore said, "We are ready." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBBER 29, 2002 PAGE 5 OF 12 "I WOULD LIKE TO MAKE A MOTION TO ADOPT - THE 'ARTICLE 39 - W AGES,' TO ADOPT THE MANAGEMENT POSITION ON EACH AND EVERY ITEM WITH THE FOLLOWING EXCEPTIONS: ITEM 'A.' IS TO ACCEPT THE MANAGEMENT'S POSITION BUT TO CREATE A SPECIAL FUND WHICH WE WILL HAVE TO WORK OUT - TO CREATE A SPECIAL FUND THAT WILL ALLOW EACH EXEMPLARY EMPLOYEE TO RECEIVE THE FULL 6% AS DEFINED BY THE NORMAL MERIT SYSTEM THAT WE HAVE - IN OTHER WORDS NOT TO CREATE A TRADE-OFF; THAT WOULD HAVE TO BE ACCOMPLISHED BY THE DEPARTMENT HEAD MAKING A SPECIAL REQUEST FOR ADDITIONAL FUNDING THROUGH THE CITY MANAGER WHICH MAY OR MAY NOT BE APPROVED. IT HAS TO BE ABLE TO BE A PROVABLE EXEMPLARY SITUATION. THE OTHER ITEM IS ITEM 'F.,' AND THAT IS ON THE 2% PAY INCREASE EACH YEAR TO TAKE CARE OF THE SALARY COMPRESSION ISSUE. EACH OF THE OTHER ITEMS WOULD BE UNCHANGED." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. Discussion. "ITEM 'A.,' MANAGEMENT POSITION MODIFIED AS I STATED PREVIOUSLY IN MY MOTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER McLEOD STATED, "SO WHAT WE ARE SAYING IS WE ARE GOING TO PUT SOME PERCENT AGE IN THERE - IN ANOTHER FUND CATEGORY THAT - THE DEPARTMENT HEAD WOULD HAVE TO COME TO THE MANAGER AND SAY - 'I HAVE GOT TWO (2) ADDITIONAL EMPLOYEES WITHIN THIS DEPARTMENT THAT I THINK NEED TO BE ABOVE THE 4.5% AND I HAVE ALREADY RAISED SIX (6) OF THEM ABOVE THE 4.5% THEREFORE I NEED MORE FUNDING' - AND THE MANAGER UNDERSTANDS THAT?" MANAGER McLEMORE REMARKED, "DO I UNDERSTAND THE CONTENT OF HIS PROPOSAL?" COMMISSIONER McLEOD STATED, "YES." MANAGER McLEMORE STATED, "YES." MAYOR PARTYKA THEN STATED, "NO ONE WILL BE HELD BACK FROM GETTING THE HIGHEST SCORE POSSIBLE, FOR LACK OF FUNDS. IF SOMEONE DOES REACH THAT, THERE WILL BE A SEPARATE FUND THAT THEY CAN GET SOME MONEY FROM." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBBER 29, 2002 PAGE 6 OF 12 MANAGER McLEMORE SAID, "ANYWAY WE DO THIS IT IS GOING TO COME DOWN TO SETTING ASIDE SO MANY DOLLARS FOR THAT AND WHAT PERCENT YOU ARE WILLING TO PUT AWAY FOR THAT. SOl AM ASSUMING YOU WANT ME TO COME BACK TO YOU WITH SOME PROPOSAL TO DO THIS." COMMISSIONER BLAKE STATED, "ABSOLUTELY." COMMISSIONER McLEOD STATED, "MR. McLEMORE, IS THIRTY (30) DAYS A REASONABLE TIME PERIOD TO GET THIS DONE?" MANAGER McLEMORE SAID, "YES." COMMISSIONER McLEOD ASKED, "SO WITHIN THIRTY (30) DAYS WE WILL SEE THIS BACK BEFORE THE COMMISSION FOR AN APPROVAL - OR FORTY-FIVE DAYS?" MANAGER McLEMORE SAID, "FORTY-FIVE (45) DAYS WOULD BE BETTER." COMMISSIONER McLEOD STATED, "YOU TELL ME BECAUSE I WANT TO MAKE SURE THAT IT IS FOLLOWED UP ON, THAT IF WE ARE GOING TO DO SOMETHING - I WANT TO MAKE SURE THAT IT IS A REASONABLE TIME FRAME." MANAGER McLEMORE STATED, "WE WOULD TRY TO DO IT FOR THAT - MEETING IN DECEMBER." Tape 3/Side B VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. "ON ITEM 'B.,' THIS IS THE 5% PARAMEDIC PRECEPTOR PAY WITH A 1.2 ADDITIONAL HOUR PAID FOR SHIFT WORK FOR EACH SHIFT THEY PERFORM - I MAKE A MOTION WE ADOPT MANAGEMENT'S POSITION WHICH IS WHERE WE CURRENTLY STAND - ACCEPT MANAGEMENT'S POSITION WHICH INCLUDES A $5,500.00 PAY ADJUSTMENT DIFFERENTIAL FOR EMT'S [EMERGENCY MEDICAL TECHNICIANS]." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBBER 29,2002 PAGE 7 OF 12 Mayor Partyka stated, "That is the Management decision. Under 'C,' which is the issue on vacation paid as overtime or at overtime rate, I would be willing to accept any action step or Motion." "I WOULD LIKE TO MAKE A MOTION THAT THAT IS DENIED AND THAT WE WILL - REMAIN AS WE PRESENTLY ARE." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka pointed out, "It stays at the Management recommendation." In regards to the creation of positions within the Fire Department, Commissioner Blake suggested that "I would like to take 'D' and 'E' together." Mayor Partyka stated, "Commissioners, any problem with that? Okay - it is approved." "I WOULD LIKE TO MAKE A MOTION THAT WE ALLOW THE FIRE DEPARTMENT TO CREATE TWO (2) ADDITIONAL POSITIONS IF THEY DESIRE TO, BUT THEY WOULD NOT BE CREATING TWO (2) ADDITIONAL SALARY LEVELS PAY CLASSIFICATIONS." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. Commissioner Martinez stated, "Take 'D' alone." "MOTION TO DENY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. COMMISSIONER MILLER STATED, "MY CONCERN IS THAT I WOULD NOT LIKE TO SEE THIS COME UP AGAIN IN NEGOTIATIONS NEXT MONTH OR - A COUPLE OF YEARS FROM NOW - I WOULD NOT LIKE TO SEE THIS COME UP NEXT MONTH IN THE NEGOTIATIONS, THET WHEN WE HAVE THESE NEW POSITIONS AND WE KNOW THAT THE COMMISSION'S DECISION WAS TO CREATE THE TWO (2) NEW POSITIONS BUT NOT TO FUND THEM." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBBER 29,2002 PAGE 8 OF 12 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka asked, "Under the new Senior Lieutenant Captain position, what is the action by this Commission?" "I MOVE TO DENY." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka said, "Next one is the issue on the pay increase - the 2% pay increase for each year of service in current classifications." "I WILL MAKE A MOTION THAT WE ADOPT THE UNION'S POSITION OF ADOPTING A 2% PAY INCREASE FOR EACH YEAR OF SERVICE IN THE CURRENT CLASSIFICATION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER McLEOD INQUIRED, "HOW FAR BACK ARE WE GOING TO TAKE IT?" MR. SIWICA STATED, "IF SOMEOBODY HAS BEEN IN GRADE FOR FOUR (4) YEARS, YOU GET 2% FOR EACH YEAR IN GRADE, NOT WITH THE DEPARTMENT; AND AS FAR AS WHEN IT WOULD GO INTO EFFECT, OCTOBER 1 OF 2001, OR THIS IS SOMETHING THAT YOU COULD PUT INTO EFFECT THE LAST DAY OF THE FISCAL YEAR." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBBER 29, 2002 PAGE 9 OF 12 Mayor Partyka pointed out, "It goes to the Management position." Next, Mayor Partyka stated, "The next one which is the new pay range adjustments - we need an action step by the Commission on this one." Discussion. "THE MOTION IS FOR MANAGEMENT'S POSITION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka stated, "It's the Management position. Going to the next one, this talks to the Rollover provision. Need a Motion from some Commissioner with action." "I MOVE WE MAINTAIN THE STATUS QUO." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka stated, "The vote is towards Management - maintaining status quo. We now move over to 'Article 38 - Retirement Pension Plan.'" Discussion. Commissioner Robert S. Miller left the dais at 10:52 p.m. Mayor Partyka advised the Commission, "Weare - ready for a Motion for some kind of action step on this Retirement Pension Plan." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBBER 29, 2002 PAGE IOOF 12 "MOTION TO MAINTAIN STATUS QUO." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. "Point of Order" by Commissioner Blake who spoke on the Motion on the floor. Commissioner Miller returned to the dais at approximately 1 0:54 p.m. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka stated, "It's Management position - status quo." The next issue is on 'Article 43 - Management Rights. ", "MOTION TO ADOPT CITY PROPOSAL." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Tape 4/Side A Discussion. Commissioner Martinez left the dais at 10:59 p.m. Commissioner Miller stated, "Point of Order " and mentioned the time being 11:00 p.m.. "MOTION TO EXTEND FOR ONE (1) HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NOT PRESENT FOR VOTE MOTION CARRIED. Commissioner Martinez returned to the dais at approximately 11:03 p.m. The City Clerk was asked to read back the Motion, and did so. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBBER 29, 2002 PAGE I I OF 12 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. Next, Mayor Partyka stated '''Shift Swaps' - what does this Commission want to do?" "MOTION TO SUPPORT THE UNION'S REQUEST." COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. MOTION BY VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka addressed "'Article - 14,' this talks to adding non-college credit courses to reimbursement schedule." "MOTION TO ADOPT THE BARGAINING UNIT'S POSITION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. MR. MANDEL SUGGESTED, "STRIKE OUT THAT PART WHERE IT SAYS SUBJECT TO AGREEMENT ON OTHER TERMS." COMMISSIONER MARTINEZ STATED, "MY SECOND STANDS." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBBER 29, 2002 PAGE 12 OF 12 .:..:. AGENDA NOTE: THE FOLLOWING ISSUE WAS DISCUSSED NEXT, PRIOR TO ADJOURNMENT, AS DOCUMENTED. .:..:. Commissioner Martinez stated, "At the last Commission Meeting, I requested a Meeting by this Commission with the Tuscawilla Lighting and Beautification District - and the City Manager suggested that we set up a Workshop, but he never gave us a date." Manager McLemore stated that we could, "Put it on the Agenda for the next Meeting - for you to set a date." III. ADJOURNMENT Mayor Partyka said, "I would like a Motion to adjourn." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. WITH CONSENSUS OF THE COMMISSION, THE MOTION WAS APPROVED. MOTION CARRIED. Commissioner Miller's birthday was celebrated next. Mayor Partyka adjourned the Special Meeting at approximately 11: 13 p.m. RESPECTFULLY SUBMITTED: ZO-LUACES, CMC >-~~ ~- ~ : ~ : ~ ; '. ~. .~. - '-:::' - P~;ULP. PAATY-KA.'"-:' ~. MAYOR ,~ -.:..'. "\""'~'._ . ""o.~_."'."':- . " NOTE: These Minutes were approved at the November 11,2002 Regular City Commission Meeting.