HomeMy WebLinkAbout2000 12 11 Consent C Collective Bargaining Agreement
COMMISSION AGENDA
c
CONSENT X
INFORMA TIONAL
PUBLIC HEARING
REGULAR
ITEM
December 11, 2000
Meeting
MGR~~
Authorization
REQUEST: The General Services Department requests the City Commission ratify a
collective bargaining agreement between the City and Local 3296, Winter
Springs Professional Firefighters Association (I.A.F.F.), and authorize the City
Manager to execute same on the City's behalf.
PURPOSE: The purpose of this agenda item is to affect formal ratification of a collective
bargaining agreement with the unionized members of the city's Fire Department, and
to authorize the City Manager to execute the agreement on the City's behalf.
CONSIDERATIONS:
A previous collective bargaining agreement between the City and Local 3296 expired
September 30, 1999.
During FY 1999/2000, negotiation sessions were held at various times between
representatives of Local 3296, city staff, and attorneys for both the City and the local.
A tentative agreement was reached and transmitted to the local in October, 2000, and
was voted upon by the membership of the local in November, 2000, with the vote being
favorable.
The agreement constitutes a two-part contract from October 1, 1999, to September 30,
2000, and from October 1, 2000, to September 30, 2001. This differs from a multi-year
agreement - and the distinction is important - because some provisions are unique to the 1999-
2000 contract year, and some to the 2000-2001 contract year.
December 11, 2000
Consent Agenda Item "C"
Page 2
As compared to the expired (1998-1999) contract, there are no major changes in the
agreement provisions for 1999-2000.
In that portion of the agreement that covers the period October 1,2000, through
September 30, 2001, Local 3296 accepts the following changes:
1. Pay grade changes, salary range enhancements, and equity adjustments as
proposed in the 2000 study by Cody and Associates, and adopted by the City
Commission during budget deliberations.
2. Changes to the pension plan as recommended by the Board of Trustees, voted
upon favorably by the general employee population, and accepted by the City
Commission on July 24, 2000.
3. Increase in the incentive for certified paramedics from $3,900 per year to $5,500
per year, as approved by the City Commission on October 23,2000.
FUNDING:
There is no additional funding necessary beyond that adopted in the FY 2000/2001
budget.
RECOMMENDATION:
It is recommended that the City Commission ratify the two-part collective bargaining
agreement as presented, and authorize the City Manager to execute same on the City's
behalf.
A TT ACHMENTS:
Agreement between City of Winter Springs, Florida, and the Winter Springs Professional
Firefighter's Association, Local 3296, for the period of October 1, 1999, through September 30,
2000, and for the period of October 1, 2000, through September 30, 2001.
COMMISSION ACTION:
AGREEMENT
between
CITY OF WINTER SPRINGS, FLORIDA
and
WINTER SPRINGS PROFESSIONAL FIREFIGHTER'S ASSOCIATION
LOCAL 3296
10/V92 - 9/30/00
and 10/1/00 - 9/30/01
TABLE OF CONTENTS
ARTICLE 1 .... ............. ..................... ....... ......... .............................................................................1
PREAMBLE
ARTICLE 2. ...... ........ .... ..... '" ...... ...... .......... ..... ......... ............... ........ ............. .... ........... ...... ........ ...2
RECOGNITION
ARTICLE 3 ...................................................... .................................................... .........................3
DUES DEDUCTION
ARTICLE 4 ...................................................... .............................................................................4
PLEDGE AGAINST DISCRIMINATION
ARTICLE 5 .............. ........................................ .............................................................................5
BULLETIN BOARDS
ARTI CLE 6 ............................................... ....... ........................................ .....................................6
RULES AND REGULATIONS
ARTICLE 7 ...................................................... .............................................................................7
PERSONNEL REDUCTION
7.1 ................. Layoff ...... ........................................................................... ........ 7
Recall ......................................................................................... 7
7.2...:............. Consolidation or Elimination of Jobs......................................7
ARTICLE 8 ....................................................................................................................................8
WORK RELATED INJURY LEAVE
ARTICLE 9 .................................................................................... ............ ....................................9
WORK SCHEDULE
ARTICLE 10 ............... ......... ........ .... ............. '" ........ .... ................................ ............... ......... ... .....10
REDUCED ACTIVITY PERIOD
ARTICLE 11 ............... .............. .............. ................ .............. ................... .................. ........ ..... .....11
SHIFT SWAPS
ARTICLE 12 .................. ....... ....... ... ..... ...... ......... ......... ................. ............. ..... ..... .......... ..............12
WORKING IN OR OUT OF HIGHER CLASSIFICATION
ARTICLE 13 . ....................... ....... ......... ..................... ...................... ..... ....................................... .13
UNIFORMSIEQUIPMENT
ARTICLE 14 ................................................................................................................................14
EDUCATION
ARTICLE 15 .............. ....... .................... ................ .......... ............................................................ .15
VACATION LEAVE
ARTICLE 16 . ... ...... ....... ...... '" ...... ..... .... ..... ..................... ..... ............................................... ....... ..16
SICK LEAVE
ARTICLE 17 .................................................................................................................. ........ ......17
AUXILIARY SICK LEAVE
ARTICLE 18 . .... ........ ............................ .... ............. ........ ............... .... ........ ....................... ....... ... ..18
MILEAGE ALLOWANCE
ARTICLE 19 ................................................................................................................................19
HOLIDA YS
ARTICLE 20 ... ..... ..... ...... .... .............. ..... ..... ............ ...... .... .............. .................................. .......... .20
BEREAVEMENT LEAVE
ARTICLE 21 ............................... ................................................................................................ .21
OVERTIME
ARTICLE 22 ................... ........... ................... .............................................................................. .22
HEALTH BENEFITS
ARTICLE 23 ..................... ....... ......... ..... ....... .................... ............... .................. ......................... .23
VACANCIES AND PROMOTIONS
ARTICLE 24 ... ........... ............... ......... .................... .... .... ....... .... ........................... ................ ....... .24
GRIEVANCE PROCEDURE
Step 1 ....... ....... ..... .................. ...................... ........................................................ ..24
Step 2 ............. ....................... ...... ....... .................................................................. ..24
Step 3 ..................................................................................................................... 24
ARTICLE 25 ....................... ........................................................................................................ .26
DISCIPLINE
11
ARTICLE 26 ................................................................................................................................27
CALL-BACK PAY (RECALL)
ARTI CLE 27 ....... ........................................ ................................................................................ .28
WORKER'S COMPENSATION RESTRICTED DUTY POLICY
27.1 RESTRICTED DUTY AND LINE OF DUTY INJURY 29
27.2 APPLICATION FOR RESTRICTED DUTY 29
27.3 ADMINISTRATION 29
27.4 DURATION 30
27.5 RESTRICTIONS WHILE ON RESTRICTED DUTY 30
27.6 REQUIREMENTS TO REMAIN IN AUTHORIZED
LEAVE STATUS 30
27.7 MANAGEMENT DISCRETION 30
27.8 LINE OF DUTY 31
27.9 RESTRICTED DUTY ALLOCATION 32 .
ARTICLE 28 ........ .............. ........... ............................................................................................. ..33
VOTING
ARTICLE 29 ................................................................................................................ ................34
MIUT AR Y LEAVE
ARTICLE 30 ..... ........ ...... ..... ....... ...... ... .... .... .... ................ .... ....... ....... ........ ... ...... ............... ..........35
JURYfWITNESS DUTY
ARTICLE 31 ................................................................................................................................36
SENIORITY
ARTICLE 32 ................................................................................................................................3 7
PERSONAL PROPERTY REPLACEMENT
ARTICLE 33 ................................................................................................................................38
LIFE INSURANCE
ARTI CLE 34 ................................................................................................................................3 9
ANNUAL PHYSICAL
ARTICLE 35 ................................................................................................................................40
LABO~ANAGEMENTCONFERENCE
III
ARTICLE 36 ........ .......................................... ............................................................................. .41
OUTSIDE EMPLOYMENT
ARTICLE 37 ................................................................................................................................42
COMPENSATION UPON SEPARATION
ARTICLE 38 ....................................... ....................... ..... ..... ... .... ..... ........................... ...... .......... .43
RETIREMENT AND PENSION PLAN
ARTICLE 39 ................... .............................................................................................................44
WAGES
ARTICLE 40 . .... ... ..... ...... ......... ........ ............... ....... ........ ... .......... ............ ........ ................. ........ ....45
SEVERABILITY CLAUSE
ARTICLE 41 . ...... ..... .... ...... ..... ....... ......... .... .................. ..... ........................... ......... ..................... .46
DURATION
ARTICLE 42 ................. ................ ................ ............. .......... ........................................................47
DRUG FREE WORKPLACE POLICY
IV
ARTICLE 1
PREAMBLE
The parties of this Agreement, the City of Winter Springs, Florida, and the Winter Springs
Professional Firefighter's Association, Local 3296, affirm their mutual commitment to the goals of
high employee morale and an amiable employer-employee relationship.
The general purpose of this Agreement is to provide wages, hours, terms, and conditions of
employment for the employees covered by this Contract, and to provide an orderly procedure for the
resolution of differences.
The City of Winter Springs may hereinafter be referred to as: the City, Employer, Municipality
or Management.
The Union may hereinafter be referred to as: the Unit, the Bargaining Unit or Agent, the
employee, the Union, the Employee Representative, and the steward.
1
ARTICLE 2
RECOGNITION
2.1 The City of Winter Springs recognizes the Union's status by virtue of its certification by the
Florida Public Employees Relations Commission in Case No. 8H-RC-90-034, and as a
consequence thereof, the City recognizes the Union as the exclusive collective bargaining
representative of all employees in the Unit including firefighter/rescue technician (firefighter
entry level, firefighter first class, firefighter apparatus operator), and company officer
(lieutenant) excluding the fire chief, deputy fire chief, EMS coordinator, fire marshal, training
officer, shift commanders (captains), and volunteer and reserve firefighter.
2
ARTICLE 3
DUES DEDUCTION
3.1 The City agrees upon the receipt of a Union dues deduction authorization form signed by an
employee to deduct from each payroll period such dues and/or uniform assessments as the
Union may require of an employee and to remit such deduction to the Union address, Winter
Springs Professional Firefighters, P.O. Box 196700, Winter Springs, Florida 32719-6700,
within a reasonable period of time after the date of the deduction.
3.2 The Union will initially notify the City as to the amount of dues. Such notification will be to the
City in writing over the signature of a representative of the Union. Changes in the Union
membership dues will be certified to the City in a like manner at least thirty (30) days prior to
the effective date of any change.
3.3 The City shall charge a fee of $.25 per employee per deduction to cover the cost of servicing
the deductions.
3.4 Notice of dues deductions with respect to any specific employee and notice of deduction
terminations shall not be effective until the thirtieth (30th) day subsequent to the receipt of
notice.
3
ARTICLE 4
PLEDGE AGAINST DISCRIMINATION
4.1 The provisions of this Agreement shall be applied equally to all employees in the bargaining
unit without discrimination as to age, sex, marital status, race, color, creed, national origin,
union affiliation, religious affiliation or political affiliation. The Union shall share equally with
the City the responsibility for applying this provision of the Agreement.
4.2 All reference to employees in this Agreement designates both sexes and whenever the male
gender is used it shall be construed to include male and female employees.
4.3 If, and in the event, an employee elects to seek remedy for alleged discrimination by the filing
of a lawsuit in a County, Circuit, or Federal Court, or a complaint with the Equal Employment
Opportunity Commission (EEOC), the Florida Commission on Human Relations (FCHR), or
any other outside agency, then the subject of such complaint may not also be grieved. If, and
in the event, an employee elects to initiate a lawsuit in a County, Circuit, or Federal Court, or
proceeding to EEOC, FCHR or any other outside agency, during the pendency of a grievance,
the grievance shall be summarily dismissed.
4
ARTICLE 5
BULLETIN BOARDS
5.1 The City shall allow the placement of a bulletin board in an easily accessible agreed upon
location in each Fire Station. Union notices relating to the following matters may be posted
without the necessity of receiving the Fire Chiefs prior approval:
5.l.A. Union recreation and social affairs;
5.l.B. Notice of Union meetings;
S.I.C. Union appointments;
S.1.D. Notice of Union elections;
S.I.E. Results of Union elections;
5 .1.F. Reports of nonpolitical standing committees and independent nonpolitical arms of the
Union;
S.1.G. Nonpolitical publications, rulings or policies of the Union; and,
S.I.H. Minutes of Union Meetings.
5.2 All notices of any kind, except those cited in Section 5.1, must receive prior approval of the
Fire Chief, or his designee.
5.3 Bulletin boards must not exceed 36" x 36" at each Fire Station.
5.4 Neither the Union nor employees shall post any material that is political in nature or critical
/ derogatory of the City, its officials, agents or employees.
5
ARTICLE 6
RULES AND REGULATIONS
6.1 Rules and Regulations for the purpose of this Agreement shall be defined as and include:
Winter Springs Fire Department Rules and Regulations, General Orders, Special Orders,
Winter Springs Personnel Policies and Procedures, and Technical and Procedural Information
Recording systems, Directives or any memorandum or other document affecting terms or
conditions of employment.
6.2 The Union agrees that its members shall comply with. all Fire Department Rules and
Regulations, including those related to conduct and work performance. No disciplinary action
will be taken for violation of a posted Rule or Regulation until the employee has completed
one duty shift after posting.
6.3 If in the sole discretion of the Mayor or City Manager, or in their absence the City official so
designated by law to act in their absence, it is officially declared that civil emergency
conditions exist, including but not limited to, riots, civil disorders, and hurricane conditions,
the provisions of this Agreement may be suspended by the Mayor or City Manager during the
time of the declared emergency, provided that wage rates, and monetary benefits shall not be
suspended. This provision is subject to grievance and arbitration procedures.
6
ARTICLE 7
PERSONNEL REDUCTION
7.1 Lavoff
a. In the event of a layoff for any reason, employees shall be laid off in the inverse order
of their seniority. Any employee who is to be laid off who had advanced to his present
classification from a lower classification in which he held a permanent appointment,
shall be given the opportunity to displace a less senior employee in the lower clas-
sification in the same department. An employee may not "down bump" another
employee unless he has performed the lower level classification job on a regular basis
as evidenced by his personnel records.
b. Employees who return to a job classification from layoff status shall receive a rate of
pay based upon his former rate plus applicable longevity.
c. A laid off employee shall be given preference with respect to any employment vacancy
existing at the time of layoff or for a period of twelve (12) months thereafter; subject
to the employee's ability to perform duties of the vacancy sought.
Recall
a. Employees in layoff status will retain recall rights for twelve (12) months and will have
preference to work over applicants on eligibility lists. Recall will be made by certified
mail to the last address in the employee's record, along with any address on file with
the Union. The employee must, within seven (7) business days of the certified date,
signify his intention of returning to work, subject to the ability to pass the physical
agility test.
b. - An employee, when offered recall, who is temporarily unable to accept due to personal
or medical reasons after notifying the City of his intentions of returning, will be
granted thirty (30) days leave of absence without pay, but without loss of seniority
rights, to return to employment.
c. When employees are recalled from layoff, the employees with the greatest department
seniority shall be recalled in order .of their seniority.
7.2 Consolidation or Elimination of Jobs
Employees displaced by the elimination of jobs through job consolidation (combining the
duties of two (2) or more jobs, the installation of new equipment or machinery, the
development of new facilities or for any other reason) will be reassigned to another position
or a vacancy in equal pay status in accordance with the seniority principle, subject to the
employee's ability to perform duties of any position sought.
7
ARTICLE 8
WORK RELATED INJURY LEAVE
8.1 It shall be the policy of the City of Winter Springs to provide benefits to any permanent full-
time or part-time employee who is injured, disabled or has a physical condition resulting from
an accident or injury arising out of, and in the course of performing their official duties, in
accordance with Florida law.
8.2 If, upon expiration of twelve (12) calendar months, the employee does not return to work, the
employee shall forfeit his right to be employed by the City.
8
ARTICLE 9
WORK SCHEDULE
9.1 The hours of work for the bargaining unit members shall be in effect for the department as of
October 1, 1991, as per current policy.
9
ARTICLE 10
REDUCED ACTIVITY PERIOD
10.1 The use of beds will be permitted as determined by the Shift Commander and/or his designee.
10
ARTICLE 11
SHIFT SWAPS
11.1 Shift employees may voluntarily swap a shift for personal reasons with another employee
subject to their Shift Commander's written approval, and administrative approval, provided
there is no conflict with a pre-planned departmental activity.
11.2 The appropriate form (Shift Swap) shall be completed in full, signed by each employee and
their respective supervisor.
11.3 In no case shall a shift swap be made for a period ofless than four (4) hours.
11.4 Employees must shift swap with employees of the same job classification.
11.5 The completed Shift Swap form must be submitted for the second shift commanders approval
at least twenty-four (24) hours in advance.
11.6 Shift swaps shall be paid back within thirty (30) calendar days.
11.7 The appropriate form must be completed for each shift swap occurrence.
11.8 Shift swaps may be used in lieu of, in conjunction with, immediately prior to, or immediately
following vacation time, by either party.
11.9 Shift swaps shall not be granted in order that either party shall receive benefit due to approved
holidays or other'conditions that would otherwise be financially advantageous to either party.
11
ARTICLE 12
WORKING IN OR OUT OF HIGHER CLASSIFICATION
12.1 A firefighter temporarily serving in a position out of their classification assigned by the Fire
Chief or his designee, shall be compensated at the rate of ten dollars ($10.00) per shift
beginning with the first shift serving our of classification.
12.2 No firefighter shall be entitled to a higher rate of pay as a result of assuming a position of a
higher classification due to a shift swap.
12
ARTICLE 13
UNIFORMSIEQUIPMENT
13.1 All uniforms, equipment, and insignia which employees are required to wear in the
performance of their work shall be furnished on an as needed basis by the City without cost
to the employee upon inspection by the Uniform officer.
13.2 The specific "uniform" items to, be furnished by the City shall consist of the following:
13.2.1
13.2.2
13.2.3
13.2.4
13.2.5
13.2.6
3 - Trousers
3 - Dress Shirts
1 - Jacket with removable liner
1 - Pair standard color uniform shoe or boot
(style of shoelboot as approved by the Fire Chief, or his designee; not
to exceed the established dollar limit)
1 - Uniform Belt
1 - Name tag with "Serving Since" plate
(officers only: 1 - set collar brass)
13.3 The specific "equipment" items to be furnished by the City shall consist of the following:
13.3.1
13.3.2
13.3.3
13.3.4
13.3.5
13.3.6
13.3.7
1 - Pair of protective Bunker pants with suspenders
1 - Protective Bunker coat
1 - Protective Helmet with eye shields
1 - Protective Bunker boots and gloves
I ~ Protective nomex hood
1 - Personal pocket resuscitator mask;
must be carried with the individual at all times.
1 - Identification card
13.4 The City will assure that sufficient numbers of safety glasses and ear protection are on
apparatus.
13
ARTICLE 14
EDUCATION
14.1 Effective October 1, 1998 the City shall reimburse employees upon completion for college
credit classes. The reimbursement shall equal 100% for a "C" or above letter grade and
reimbursement of up to $100.00 per class for books. Reimbursement for college classes is
limited to State Institutions, e.g. Seminole Community College, University of Central Florida,
etc. Reimbursement is also limited to course work in Fire Science, or Emergency Medical
Services degrees. Prior to entering a program of study the employees must submit an
application for tuition assistance and obtain the necessary approvals from supervisors.
14.2 Probationary employees are not eligible for tuition assistance.
14.3 Employees must reimburse the City 100% of tuition and book funds they have received from
the City for the past one-year period at termination of employment.
14.4 Employees receiving Grants, Scholarships, and assistance for tuition are only permitted to
receive the amount that would equal 100% for reimbursement.
14
ARTICLE 15
VACATION LEAVE
15.1 The current policies and procedures regarding annual leave (vacation) shall remain in effect
for the term of this Agreement.
15.2 Vacation may be taken in increments of not less than one full twenty-four (24) hour shift.
IS
ARTICLE 16
SICK LEAVE
16.1 The employees in the bargaining unit shall be entitled to sick leave in accordance with the
City's current sick leave policy.
16
ARTICLE 17
AUXILIARY SICK LEAVE
17.1
The City of Winter Springs has an emergency sick leave policy whereby employees can donate
their accrued leave time to another employee in the event of a catastrophic illness subject to
approval by management. The employee applying for emergency sick leave must have used
all of their accrued time first. Employees may donate their accrued leave time on a voluntary
basis.
.,
17
ARTICLE 18
MILEAGE ALLOWANCE
18.1 Employees required to use their private automobiles for Fire Department business or as a
necessity in changing stations more than one time during the same shift shall be compensated
in accordance with the City's schedule for mileage reimbursement. Nothing herein shall entitle
the employee to reimbursement for mileage coming to and from home to work or changing
stations once during their shift.
18
ARTICLE 19
HOLIDAYS
19.1 The current Holiday policy shall remain in effect for the term of the Agreement.
19
ARTICLE 20
BEREAVEMENT LEAVE
20.1 The City's current bereavement leave policy shall remain in effect for the term of this
Agreement.
20.2 Immediate Family shall be defined for this contract as: spouse, mother, father, son, daughter,
sister, brother, mother-in-law, father-in-law, step-parents, step-brother, and step-sister.
20
ARTICLE 21
OVERTIME
21.1 Overtime hours and overtime compensation shall be defined and implemented as prescribed
by the Fair Labor Standards Act and the United States Department of Labor regulations.
21.2 The City's current overtime policy shall remain in effect for the term of this Agreement.
21
ARTICLE 22
HEALTH BENEFITS
22.1 The City's current policy for the payment of premiums for health benefits shall continue in
effect during the term of this Agreement.
22
ARTICLE 23
VACANCIES AND PROMOTIONS
23.1 The current promotion policy shall remain in effect for the term of this Agreement.
23
ARTICLE 24
GRIEVANCE PROCEDURE
24.1 A grievance shall be defined as any difference, dispute, or complaint regarding the
interpretation or application of the terms of this Agreement. Every effort shall be made to
adjust controversies and disagreements in an amicable manner between the City, the Union,
or any aggrieved employee.
24.2 Should any grievance arise other than one resulting from discipline or discharge, there shall
be an earnest effort by the parties or aggrieved employee to settle such grievance promptly
through the following steps:
Step 1 - The aggrieved employee or the Union shall present, in writing, the grievance to the
aggrieved employee's Captain within ten (10) working days of the occurrence of the alleged
grievance. The Captain shall obtain the facts concerning the grievance and shall, within ten
(10) working days following receipt of the grievance, deliver to the grievant, and the Union,
his written response to the grievance.
Step 2 - If the grievance is unresolved at Step 1, then the aggrieved employee or the Union
may submit the grievance, in writing, along with the response in Step 1, to the Chief of the
Fire Department. The Chief shall meet with the aggrieved employee and a representative of
the Union to discuss the grievance within ten (10) working days following delivery of the
grievance to the Fire Chief. The Fire Chief shall deliver to the aggrieved employee and the
Union his decision, in writing, not later than ten (10) working days following the meeting.
Step 3 - In the event that the grievance is still unresolved, the matter may be submitted to
arbitration as provided herein.
Witbin fifteen (IS) working days of the date of the decision of the Fire Chief: the Union or the
employee shall notify the Fire Chief of its intent to arbitrate. The employee or the Union shall
request, from the Federal Mediation and Conciliation Service, a list of seven (7) names of
qualified arbitrators. Within (10) working days after receipt of such a list, representatives of
the City and the employee or the Union shall meet and each party shall strike three (3) names
from the list. Upon the selection of an arbitrator, the employee or the union shall advise the
selected arbitrator of his selection. As promptly as can be arranged, the arbitration hearing
shall be held. The decision of the arbitrator shall be advisory to the City, the employee and
the Union.
24.3 The cost of the arbitrator shall be split evenly between both parties to the arbitration. The
parties shall be responsible for the cost of their own witnesses and the cost of any transcript
requested by them. Copies of the decision of the arbitrator shall be furnished to the City, the
Union and the aggrieved employee within thirty (30) days from the close of the hearing.
24
24.4 The arbitrator shall have no power to alter, add to, or subtract from the terms of this
Agreement.
24.5 Grievances involving or affecting more than one (1) member of the bargaining unit may be
filed collectively by the Union and shall be filed directly with the Fire Chief.
24.6 For the purpose of this Article, the term "working days" shall be interpreted to mean Monday
through Friday. Saturdays, Sundays and days designated as holidays are excluded.
25
ARTICLE 25
DISCIPLINE
25.1 No employee shall be demoted, suspended, dismissed, or otherwise disciplined without just
cause. The City shall furnish the employee to be disciplined a written statement specifying
in detail the reasons for the discipline at the time the notice of discipline is given to the
employee.
25.2 The City agrees to comply with Chapter 112, IV and VIII, Florida Statutes (1989).
25.3 In the event an employee is disciplined by either a demotion in rank, discharge, or loss of pay,
he may request arbitration by a Complaint Review Board pursuant to Chapter 112, Part IV,
Florida Statutes (1989). The bargaining unit member so disciplined shall not be entitled to use
the grievance procedure of Article 24. Any discipline involving anything other than a loss of
pay, discharge or demotion shall be non-grievable, to arbitration or a Chapter 112 Board,
however, a bargaining unit member may grieve said discipline to the Fire Chief whose
decision shall be final and binding.
Prior to requesting a Complaint Review Board, the employee shall grieve the discipline, within
ten (10) working days of notice of same, to the Fire Chief. The Fire Chief shall give a written
response to the grievance within ten (10) working days of receipt of same. In the event that
the Fire Chief does not resolve the grievance to the employee's satisfaction, the employee shall
have the right to demand a Complaint Review Board. The employee must request the
Complaint Review Board, in writing, within fifteen (IS) working days of the Fire Chiefs
written response to the employee. The employee shall be entitled to representation during the
grievance process and the Complaint Review Board process at the employee's cost.
The employee shall have the right to subpoena witnesses and documents to the Complaint
Review Board process. The employee or his representative shall have full right of direct and
cross-examination and opening and closing st(itements at the Complaint Review Board
proceedings.
25.4 The date, time and place for the Complaint Review Board hearing shall be established and said
hearing shall be commenced within thirty (30) working days of the date of selection of the
third member of the Complaint Review Board.
The award of the Complaint Review Board shall be in writing and made within fifteen (IS)
working days of the close of the hearing. The award of the Complaint Review Board shall be
final and binding on the City, the Union, and the aggrieved employee.
25.5 For the purpose of this Article, the term "working days" shall be interpreted to mean Monday
through Friday. Saturdays, Sundays and days designated as holidays are excluded.
26
ARTICLE 26
CALL-BACK PAY (RECALL)
26.1 Any employee who is required to work after leaving his or her regular shift shall be
compensated at the appropriate rate of pay for a minimum of one (1) hour. The recall of
employees shall be voluntary.
27
ARTICLE 27
WINTER SPRINGS FIRE DEPARTMENT
WORKER'S COMPENSATION RESTRICTED DUTY POLICY
POLICY
PROCEDURES
27.1 REQUIREMENTS FOR RESTRICTED DUTY
27.2 APPLICATION FOR RESTRICTED DUTY
27.3 ADMINISTRATION
27.4 DURATION
27.5 RESTRICTIONS WHILE ON RESTRICTED DUTY
27.6 REQUIREMENTS TO REMAIN IN AUTHORIZED LEAVE STATUS
27.7 FAILURE TO REMAIN IN AUTHORIZED LEAVE STATUS
27.8 MANAGEMENT DISCRETION
27.9 LINE OF DUTY INJURIES
POLICY
Members of the Winter Springs Fire Department with diminished physical capabilities as a result of
physical disability and/or injury/or illness on the job may be assigned to Restricted Duty in accordance
with the provisions of this General Order. The primary priority for such assignments shall be the
augmentation of Administrative services. Physical disability and/or injury/or illness in non-line of
duty are covered in Section 27.9 of this policy.
28
PROCEDURES
27.1 RESTRICTED DUTY AND LINE OF DUTY INJURY
To qualify for a Restricted Duty Assignment, members must be certified, by licensed
physician, to have physical or mental capabilities diminished to the extent the member can no
longer perform tasks required in the full application of firefighter powers. Additionally,
members must be capable of performing all the following:
(A) performs non-hazardous duties;
(B) write fire reports;
(C) work rotating shifts; and,
(D) work eight (8) hours per day, forty (40) hours per week.
A member unable to meet these requirements is not eligible for a Restricted Duty Assignment.
27.2 APPLICA TION FOR RESTRICTED DUTY
A qualified member may apply for Restricted Duty by submitting a completed "Restricted
Duty Application Form" through the Chain of Command. The Physician's Statements and
Chain of Command endorsement(s) must be completed prior to the form being submitted to
the Fire Chief. A member of the unit may appeal a denial of the request to the City Manager
who will be the ~nal authority. The decision of the City Manager shall be non-grievable. The
Fire Chief will be the first authority in deciding to approve a request for Restricted Duty.
27.3 ADMINISTRATION
The Fire Chief will determine the location and work hours of any Restricted Duty
Assignment(s).
Members may continue their primary assignment if their job description tasks are not
affected (e.g., a member normally assigned to Administrative Duties could continue
that assignment after knee surgery.)
Members given Restricted Duty Assignments outside their primary assignment will
report through the Captain or Deputy Chief, who will submit weekly status reports to
the Fire Chief as the prognosis of any Restricted Duty member.
Restricted Duty Assignments will include, but are limited to non-hazardous firefighter
duties.
29
27.4 DURATION
A Restricted Duty Assignment shall be limited to a maximum of three (3) consecutive months.
Any member in any combination of the below listed status for twelve (12) continuous months
or twelve (12) months out of any eighteen (18) month period will be required to return to full
duty or forfeit his or her right to continued employment.
Restricted Duty
Sick Leave
Leave of Absence (paid or unpaid) due to disability, illness or injury.
Those members unable to return to full, unrestricted duty will be terminated from
employment. Such employment termination shall be non-disciplinary and have no bearing
upon decisions concerning the member's eligibility for pension. Members are cautioned to file
any pension requests, if applicable, prior to termination.
The Fire Chief, if recommending reinstatement, will give preferential consideration to former
employees who were terminated as a result of this policy and who were injured in the line of
duty.
27.5 RESTRICTIONS WHILE ON RESTRICTED DUTY
A member on Restricted Duty will not utilize arrest powers nor engage in firefighter related
activity requiring the use of force, except in the defense oflife. A Restricted Duty Notice will
be serviced on members assigned to this statue.
27.6 REQUIREMENTS TO REMAIN IN AUTHORIZED LEAVE STATUS
Members who are not authorized Restricted Duty Assignments, and who are physically unable
to perform normal duties, are required to continually remain in an authorized leave status (i.e.,
Sick Leave, Vacation, Compensatory Time or Leave of Absence). Actual time in any
Authorized Leave status is governed by current policies and procedures in effect through the
end of this Agreement.
27.7 MANAGEMENT DISCRETION
Restricted Duty Assignments remain at the sole discretion of management and are generally
utilized on an interim basis as stated in Paragraph 2, above to supplement Administration
operations by utilizing Fire/ ALS services personnel with diminished capabilities.
30
27.8 LINE OF DUTY
Members injured in the line of duty may receive preferential treatment and may be given
assignments even though they do not meet all of the requirements of Section 9.1. A member
injured in the line of duty shall be eligible to use light duty, if available, at any time within
twelve (12) months of his on the job injury. A member shall not be entitled to use any portion
oflight duty that would extend beyond the period of twelve (12) months from his injury. A
member shall be entitled to the following benefits when injured in the line of duty:
1. From the date of injury through the third month thereafter, any benefits available from
the worker's compensation laws of Florida, City worker's compensation insurance plus
the City supplementing those benefits to assure the member receives full pay during
the three (3) month period.
2. At the expiration of the three (3) month period, the member shall be entitled to all
benefits listed in Paragraph 1 less any salary supplement from the City plus the
member may use any accumulated leaves available to him.
3. A member may use the benefits of Paragraph 1 herein and the light duty benefits
described herein for any six (6) month combination of same during the twelve (12)
month period following his leave of duty injury.
4. At the expiration of the three- (3) month salary supplement described in Paragraph 1
herein, the City shall not make any further salary supplement.
5. In the ev~nt a member cannot return to duty at the expiration of twelve (12) months
" from any 'line of duty injury and disability, then said member shall forfeit any right to
continued employment with the city.
A member injured in the line of duty who is assigned to a Restricted Duty Assignment
shall be eligible to stay in the Restricted Duty status no more than ninety (90) days
consecutively, ninety (90) days within a one (1) year period).
At the conclusion of ninety (90) days, the member shall go on worker's compensation
leave and said member will be entitled to use all accrued leaves he has available to
supplement his worker's compensation benefits. In no event shall a member be entitled
to more than the worker's compensation benefits available by law at the expiration of
the three- (3) month period. Thereafter, the City shall not be obligated to supplement
the member's worker's compensation benefits.
A member injured in the line of duty who is not eligible for or assigned to restricted
duty status, shall be entitled to worker's compensation benefits plus a payment
supplement from the City sufficient to equal his normal pay for period of ninety (90)
days from the date of the injury. At the expiration of ninety (90) days, the member
31
shall be entitled to supplement his worker's compensation benefits with any accrued
leaves he has available. At the expiration of the accrued leave, the member shall only
be entitled to their benefits from worker's compensation with no obligation on the part
of the City to supplement the benefits.
6. Any member who uses their accrued leaves for leave associated with a line of duty
injury and returns to work with the City, shall have his leaves reinstated. Also, an
employee injured in the line of duty shall be eligible to use any sick leave bank days
available during the twelve (12) month period. Sick leave bank days will not be
reinstated by the City.
27.9 RESTRICTED DUTY ALLOCATION
Restricted Duty Assignment will be governed by limitation that no more than one (1)
Fire/ALS personnel will be eligible for Restricted Duty at anyone time. If one (1) person is
assigned to Restricted Duty, and a member with a non-line of duty injury is disabled as
described herein, he or she will not be eligible for Restricted Duty but will be eligible to use
his accrued leaves. In the event the City directs a person to light duty when the employee
medically can perform unrestricted duty, then said light duty will not be considered use of the
light duty position hereunder.
32
ARTICLE 28
VOTING
28.1 During a primary, special or general election, an employee who is registered to vote and who
is on duty on election day shall be given time off without pay to vote in accordance with
current departmental policy. Arrangements shall be made with the Fire Chief at least 24 hours
in advance.
33
ARTICLE 29
MILIT ARY LEAVE
29.1 The current Military Leave policy shall remain in effect for the term of this Agreement.
34
ARTICLE 30
JURY /WITNESS DUTY
30.1 Employees required to be available for jury selection or service shall be granted the necessary
time off from scheduled duty with pay upon presentation to the superior officer of satisfactory
evidence relating to such duty. An employee serving on such duty shall report to his assigned
work location upon being completely released from jury duty if at least one (1) hour of his
work shift is still in effect.
30.2 An employee who is subpoenaed as a prospective juror or as a witness shall be granted leave
with pay. Fees paid by the court shall be retained by the City.
30.3 In no case shall leave with pay be granted for court attendance when an employee is the
defendant or is engaged in personal litigation, unless such actions are a result of any act
performed as a part of his official duties as an employee of the City.
3S
ARTICLE 31
SENIORITY
31.1 Seniority, for the purpose of this contract, is defined as length of continuous, uninterrupted
service in the Winter Springs Fire Department. When the length of continuous service is the
same for two or more fIrefighters, then the firefighter who is older in age shall have seniority.
31.2 Seniority will continue to accrue during all types of leave except for leave without payor
suspension without pay for thirty (30) or more consecutive calendar days which shall cause
the seniority date to be adjusted for the equivalent amount of time, except where the seniority
is granted specifically in this agreement.
31.3 Seniority shall be used for the purpose of layoff, recall, vacation scheduling (rank seniority)
and as may be otherwise applicable under this contract.
31.4 In the event of layoff for any reason, employees shall be laid-off in the reverse order of their
seniority and shall be given a thirty (30) day advance notice of the layoff. Any employee who
is to be laid-off, who has advanced to his present classification in which he held a permanent
position, shall be given the opportunity to displace a less senior employee in a lower
classification. A copy of any notice of any layoff shall be mailed to the Union. Any hiring
of promotions within the bargaining unit, during any period of time, shall utilize employees
laid-off or employees demoted to avoid being laid-off in the reverse order of the employees
layoff or demotion.
31.5 A laid-off emplo,yee shall be recalled to duty by certified mail and, if possible, by telephone
at least ten (10) days prior to the date he is required to report for duty. A copy of any such
written notice shall be mailed to the Union.
36
ARTICLE 32
PERSONAL PROPERTY REPLACEMENT
32.1 The City agrees to reimburse the full cost for eye glasses and contact lenses not exceeding One
Hundred Dollars ($100.00), and up to Twenty-Five Dollars ($25.00) for wrist watches
damaged in the line of duty, provided adequate proof of such damage, the circumstances of
the event, and proof of original purchase price are presented to the Fire Chief and Union
Representative.
37
ARTICLE 33
LIFE INSURANCE
33.1 The current policy limits regarding employee and dependant life insurance shall remain in
effect for the term of this Agreement.
38
ARTICLE 34
ANNUAL PHYSICAL
34.1 The current policies and procedures shall remain in effect for the term of this Agreement.
39
ARTICLE 35
LABOR/MANAGEMENTCONFERENCE
35.1 In the interest of effective communications either party may at any time request a
Labor/Management Conference.
35.2 Such request shall be made in writing and be presented to the other party seven (7) calendar
days in advance of the request meeting date.
35.3 The written request shall include an agenda of items the party wishes to discuss and the names
of those representatives who will be attending.
35.4 A Labor/Management Conference shall be scheduled within seven (7) calendar days of the date
requested if both parties agree a conference is necessary. Management will not unreasonably
deny a request for a Labor/Management Meeting.
35.5 The purpose of such meeting shall be limited to:
35.5.1
Discuss the administration of this Agreement.
35.5.2
Notify the Union of changes made by the City affecting bargaining unit
employees.
35.5.3
Discuss area of discontent, dissatisfaction, compliance, problem, concern, issue,
or misunderstanding held by either party whenever valid or not, when such
discussions are mutually agreed to by the parties.
35.5.4
Disseminate general information of interest to the parties.
35.5.5
Give the Union Representative the opportunity to share the view of the
collective bargaining members and/or make suggestions on the subjects of
interest to their member.
35.5.6
Consider and discuss health and safety matters relating employees.
There shall be no more than three (3) City employee representatives for each party in attendance at
the Labor/Management Conference and no more than one (1) non-employee representative for each
party.
40
ARTICLE 36
OUTSIDE EMPLOYMENT
36.1 The current policies and procedures regarding outside employment shall remain in effect for
the term of this Agreement.
41
ARTICLE 37
COMPENSATION UPON SEP ARA TION
37.1 Compensation representing an employee is unused and earned vacation, earned but unpaid
overtime pay and earned but unpaid holiday pay shall be paid to an employee whose
employment is severed for any reason, other than an employee who has stolen public funds.
42
ARTICLE 38
RETIREMENT AND PENSION PLAN
38.1 The union accepts the changes in the City Retirement System as authorized by the City
Commission on July 24,2000.
43
ARTICLE 39
WAGES
39.1 For fiscal year 1999-2000. employees shall be awarded merit increases of zero percent (0%)
to a maximum of six percent (6%) in accordance with the City's employee evaluation system
(0%.2%.4%, or 6%), and using the salary ranges in place as of October 1. 1999. The merit
increase will be based upon the performance evaluations conducted on the employee's
anniversary date. For fiscal year 2000-2001. the City will implement the Cody Study as
planned by the City. Additionally. for fiscal year 2000-2001. employees shall be awarded
merit increases of zero percent (0%) to a maximum of six percent (6%) in accordance with the
City's employee evaluation system (0%. 2%. 4%. or 6%), and using the salary ranges
implemented in accordance with the Cody Study. Any pay increases after October 1. 2001.
are subiect to the parties agreeing to same and if no agreement is reached, the employees'
salaries will remains frozen at their September 30, 2001 rate until a new collective bargaining
agreement is reached.
39.2 For fiscal years 1999-2000 and 2000-2001, employees shall receive the same Christmas bonus
that is afforded to the General Employees of the City.
39.3 Effective October 1, 1998, employees agree to eliminate Paramedic incentive payments of
$IS0.00 biweekly for a total of $3,900.00 per year for a Paramedic incentive hourly rate of
$1.3393. Effective October 26,2000, employees who are Paramedic certified will receive
$S,SOO.OO per year for Paramedic incentive paid at an hourly rate of $1.8887. Overtime will
be paid on the hourly rate subject to FLSA regulations. The Paramedic incentive hourly rate
will not be subje~t to salary increases based on the evaluation system. Paramedic incentive is
available to all employees who maintain their paramedic certification, and will function in the
capacity when required.
39.4 Effective October 1. 1999, and ending September 30, 2000. employees with five (5) or more
vears of service will receive a 2% percent salary adiustment on the employee's evaluation
anniversary. The 2% percent adiustment will be added to the amount of merit increase for
fiscal year 1999-2000 only.
44
ARTICLE 40
SEVERABILITY CLAUSE
40.1 If any provision of this Agreement, or application of such provision, should be rendered or
declared invalid by any court action or by reason of any existing or subsequently enacted
legislation, the remaining parts or portions of this Agreement shall remain in full force and
effect. In the event this occurs, the parties will sit as soon as possible to negotiate a
replacement Article.
45
ARTICLE 41
DURATION
This Agreement shall be effective on October 1, 1992, and shall thereafter continue in full force and
effect until September 30, 2001. It shall automatically be renewed from year to year thereafter, unless
either party shall have notified the other that it desires to modify the Agreement. The notice to modify
must be in writing and sent to the other party by registered or certified mail at least one hundred
twenty (120) days prior to the anniversary date. Furthermore, the notice to modify must include the
title of each Article the party wishes to add, alter, or amend. All other Articles will be placed in the
new Agreement. Negotiation will begin no later than one hundred (100) days prior to the anniversary
date.
The City and Union agree to re-open negotiations on any changes to the City personnel policies which
delete or reduce existing benefits.
46
ARTICLE 42
DRUG FREE WORKPLACE POLICY
42.1 The union agrees to accept the City of Winter Springs Drug Free Workplace Policy effective
October 1, 1996, subject to approval of the City Attorney and Attorney for the union.
EXECUTED, this
day of
, A.D., 2000
CITY OF WINTER SPRINGS, FLORIDA
By:
City Manager
EXECUTED, this
day of
, A.D., 2000
THE UNION
By:
President
47
ARTICLE 42
DRUG FREE WORKPLACE POLICY
42.1 The union agrees to accept the City of Winter Springs Drug Free Workplace Policy effective
October I, 1996, subject to approval of the City Attorney and Attorney for the union.
EXECUTED, this J ~ day of D~
, A.D., 2000
CITY OF \VINTER SPRINGS, FLORIDA
BY:~v/. ~L,~
City Manager
EXECUTED, this aJw/ day of A.,Ic'./fYt1b~r.r
, A.D., 2000
THE UNION
By:
.~ ~
0:/'1:;%. .:;;.
P esldent
48
j
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
DECEMBER 11, 2000
I. CALL TO ORDER
The Regular Meeting of December 11,2000 of the City Commission was called to order
by Mayor Paul P. Partyka at 6:35 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, arrived at 6:36 p.m.
Commissioner Robert S. Miller, present
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., arrived at 6:36 p.m.
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, arrived at 6:36 p.m.
City Attorney Anthony A. Garganese, present
REVISED
Presentations
Mr. Randall Farwell, Director Of Planning, Lynx Would Like To Update The City
Commission On The Status Of The Northern Corridor Alignment Re-Study To
Identify An Acceptable Potential Light Rail Alignment Segment Between Princeton
Street And State Road 434. Mr. Farwell's Goal Is Inform The City Commission Of
The System Requirements And Engineering Design Trade-Offs That Will Form The
Basis For The Many Technical And Public Policy Decisions To Be Addressed.
(This Presentation Was Previously Planned To Be Heard During The Regular City
Commission Meeting Of October 23, 2000-But Was Not Heard On That Date)
Deputy Mayor Cindy Gennell, arrived at 6:36 p.m.
Commissioner Edward Martinez, Jr., arrived at 6:36 p.m.
Mr. Farwell gave a short presentation on this subject.
City Manager Ronald W McLemore, arrived at 6:36 p.m.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11.2000
PAGE 2 OF 20
Commissioner Martinez asked Mr. Farwell, "Are there any plans to expand towards
Winter Springs?" Mr. Farwell replied, "Yes sir. There are. In the long range plan, we
have routes that will extend east/west into Winter Springs, and I would be happy to bring
that information to you."
II. PUBLIC INPUT
Mr. Roger Cooper, 313 Twelve Oaks Drive, Winter Springs, Florida: asked if an
informational letter from the City could be sent to the Winding Hollow Board of
Directors of their Homeowner's Association. Discussion.
Commissioner David W. McLeod stated, "I take it Ron, our Parks and Recreational
Department aren't involved in this, are they?" Manager McLemore stated, "Not to my
knowledge." Commissioner McLeod further stated, "I would set that record straight
first. "
Mayor Partyka stated, "City Manager, it looks like the majority - agree. Let's set the
record straight with a short letter." Manager McLemore said, "I would like to include
this map though. I think we should make it very clear what it is we are saying we are not
doing, and I think we should make sure that this map is included, and say 'this is not a
plan or presentation ofthe City of Winter Springs.'"
Deputy Mayor Gennell added, "Well you make sure that you point out - that it wasn't
originated by us, and we have no idea where it came from." Manager McLemore agreed
and said, "I think that it is important that we do that."
Commissioner Robert S. Miller stated, "That was why I brought up the Oliginal map,
because there is obviously a lot of misinformation going on with this map, and I don't
know how this misinformation started in Winding Hollow." Commissioner Miller further
stated, "That's why - the original map would show where it was, and this is obviously a
false document. So, put both of them in there, Exhibit 'A' and Exhibit 'B.' Exhibit 'A'
being what we originally thought about, and Exhibit 'B,' put out by some anonymous
person. "
Mayor Partyka stated, "Does this Commission agree to let the City Manager do what is
right, based on our comments there." This was agreed to by the Commission.
Mr. Mervin Werner, 673 Keuka Court, Winter Springs, Florida: Spoke about the
retention pond in Wicklow Greens.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER I I, 2000
PAGE 3 OF 20
III. CONSENT
CONSENT
A. City Clerk
Approval Of The Minutes Of The November 27, 2000 Special City Commission
Meeting (Continuation Of November 13, 2000 Regular City Commission Meeting)
CONSENT
B. City Clerk
Approval Of The Minutes Of The November 27, 2000 Regular City Commission
Meeting.
Brief discussion. Members of the Commission and Attorney Anthony A. Garganese
agreed that transcripts from the Court Reporter (who attended this meeting), should be
attached to the Minutes.
CONSENT
C. General Services Department
Requests The City Commission Ratify A Collective Bargaining Agreement Between
The City And Local 3296, Winter Springs Professional Firefighters Association
(I.A.F.F.), And Authorize The City Manager To Execute Same On The City's
Behalf.
Brief discussion.
CONSENT
D. General Services Department
Requests The City Commission Extend The Current Franchise With Florida Public
Utilities Company For One Hundred Eighty (180) Days From Its Expiration Date
Of December 31, 2000.
"MR. MAYOR, I WOULD LIKE TO HAVE THIS ITEM MOVED TO THE
PUBLIC HEARINGS SECTION PLEASE. THAT WOULD BE MY MOTION."
MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11.2000
PAGE 4 OF 20
Mayor Partyka added, "Okay, this gets moved up to Public Hearings, and after 'A,' to
'B. ,,,
CONSENT
E. Fire Department
Requesting Authorization To Purchase A Vehicle By Piggybacking Off Of Seminole
County Bid #AIB-340 (2001).
Discussion.
CONSENT
F. Finance Department
Requests The City Commission Approve A Budget Amendment To Reflect The 2000
Water And Sewer Bond Issue And The Establishment Of A Separate Arbor Special
Revenue Fund.
"MAYOR, I WOULD LIKE TO MAKE A MOTION WE MOVE ITEM 'F' TO
THE REGULAR AGENDA, AND THAT THE CITY ATTORNEY CRAFT A
RESOLUTION TO PASS WITH IT." MOTION BY COMMISSIONER BLAKE.
SECONDED. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
REVISED
CONSENT
G. Community Development Department - Land Development Division
Presents To The Commission The Request Of CENTEX Homes For Authorization
For Additional Building Permits To Be Issued For The Parkstone PUD.
(This Agenda Item Is The Same Agenda Item That Was Listed As "Add-On" Consent
Agenda Item "A" On The December 4, 2000 Special Meeting, Which Was The
Continuation Of The November 27, 2000 Regular City Commission Meeting Agenda.
This Agenda Item Was Not Heard On December 4, 2000)
~~.~~.No'.';"t':'..J.:i...;.1it".lII.'M.'...! '...~_i"..~.1-_',!~)}, MINUS THOSE ITEMS THAT
~~J< uA
WERE MOVED OUT TO OTHER SPECIFIC AREAS OF THE AGENDA." MOTION
BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11. 2000
PAGE 5 OF 20
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: A YlE
\IlWOTlPW-CARRlE-')~
IV. INFORMATIONAL
INFORMATIONAL
A. Public Works Department
Forwarding To The City Commission Information About The Complaints
Regarding The Wicklow Greens Detention Pond.
INFORMATIONAL
B. Community Development Department
Requests The City Commission Receive Information On The City Of Casselberry's
Small Area Study For The Seminole Greyhound Park Property.
Discussion.
Mayor Partyka stated, "Is there a Motion to approve the Informational Agenda?"
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CITV COMMISSION
REGULAR MEETING - DECEMBER 11.2000
PAGE 6 OF 20
V. PUBLIC HEARINGS
PUBLIC HEARINGS
A. Community Development Department - Code Enforcement Division
Requests The City Commission Holds A First Reading Of Ordinance 2000-42 That
Amends The Code Dealing With Parking In Residential Areas.
"MOTION TO READ 2000-42 BY TITLE ONL Y." MOTION BY
COMMISSIONER BLAKE. SlECONDED BY COMMISSIONER MILLER.
DISCUSSION.
VOTE:
COMMISSIONER MILLER: A YlE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Tape l/Side B
Discussion ensued on the language used, specifically, "front yard" and "driveway."
Commissioner Michael S. Blake asked, "Is there perhaps a better way to word this which
more accurately reflects our intentions, but still works well with the language in 20-411
or 20-412?" Further discussion ensued on whether the word "lot" should be used.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"I'D LIKE TO MAKE A MOTION THAT WE MOVE ORDINANCE 2000-42 TO
A SECOND HEARING AND AMEND THE LANGUAGE TO READ - 'SECTION
B: CAMPERS, CAMP TRAILERS, AND BOATS AND TRAILERS MAY BE
PARKED TEMPORARILY ON THE LOT OF RESIDENTIAL ZONED AREAS.'
THE REST IS THE SAME." MOTION BY COMMISSIONER BLAKE.
SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11, 2000
PAGE 7 OF 20
Mayor Partyka said, "The key word is 'lot,' instead of 'front yard. ", Commissioner
Blake added, "Instead of in the 'front yard,' it's on the 'lot.'"
Commissioner McLeod asked, "Would you possibly - instead of saying 'lot,' call it the
'premises?'" Mayor Partyka asked Attorney Garganese, "Does it make a difference, Mr.
Garganese?" Attorney Garganese explained, "I think so. A 'lot' is another zoning
defined term and would include the four (4) corners of the property, the boundary of the
property. One thing I want to bring up, logically, what the Commission is trying to do by
using the term 'lot' makes a lot of sense, on a temporary basis, but, I'm not so sure that it
doesn't then conflict with sub-paragraph (a) which actually defines a permanent area to
store those types of vehicles in the rear and the side yard. And then your (b), your
temporary provision would encompass the entire property when you're already permitted
to permanently store those vehicles in the side yard and then in the rear yard."
"MAYOR, I WOULD LIKE TO MAKE A SUBSTITUTE MOTION TO TABLE
THIS ITEM UNTIL OUR NEXT REGULARLY SCHEDULED MEETING,
DURING WHICH TIME STAFF AND THE ATTORNEY WILL COME BACK
WITH APPROPRIATE LANGUAGE THAT BETTER DEFINES WHAT WE
ARE TRYING TO GET TO." MOTION BY COMMISSIONER BLAKE.
SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
Attorney Garganese explained, "'Motion to Table' can be addressed by the Commission
if you vote on it and it passes. At the next meeting, when you pull it off the table - you
take it with the (main) Motion on the floor."
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Mayor Partyka added, "This Item is Tabled until the next Commission meeting."
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS
PREVIOUSLY LISTED ON THIS AGENDA AS CONSENT AGENDA ITEM "D,"
HOWEVER, THE COMMISSION VOTED IT ONTO THE PUBLIC HEARINGS
AGENDA. THIS AGENDA ITEM IS NOW NOTED AS A PUBLIC HEARINGS
AGENDA ITEM." .:..:.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11,2000
PAGE 8 OF 20
General Services Department
Requests The City Commission Extend The Current Franchise With Florida Public
Utilities Company For One Hundred Eighty (180) Days From Its Expiration Date
Of December 31, 2000.
Attorney Garganese stated, "You need to make a finding that there is an emergency, and
the Ordinance would have to pass by two-thirds vote of the City Commission because it
is an Emergency Ordinance that you are proposing."
COMMISSIONER BLAKE STATED, "THAT'S MY MOTION." MOTION BY
COMMISSIONER BLAKE. SECONDED. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
Attorney Garganese stated that "An Emergency Ordinance requires one (1) reading."
Mayor Partyka stated, "Need a Motion to read by 'Title' only."
MOTION. SECONDED. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MILLER: AYE
MOTION DID NOT CARRY.
NOTE: COMMISSIONER McLEOD AND COMMISSIONER MARTINEZ DID
NOT VOTE. BECAUSE OF THE 'NAY' VOTE, THIS ORDINANCE WAS
REQUIRED TO BE READ COMPLETELY.
Commissioner Blake stated, "Point of Order. I believe the 'Title' is incorrect - I believe
it is 2001."
Attorney Garganese read (the revised wording in) Emergency Ordinance Number 2000-
44. (See Attachment "A ")
Mayor Partyka opened the' "Public Input" portion of this Agenda Item.
No one spoke.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11,2000
PAGE 9 OF 20
The "Public Input" portion of this Agenda Item was closed.
The "Effective Date" was briefly discussed.
Mayor Partyka stated, "Looking for a Motion here."
"MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER.
SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
VI. REPORTS
REPORTS
A. City Attorney - Anthony A. Garganese, Esquire
No report.
REPORTS
B. City Manager - Ronald W. McLemore
No report.
REPORTS
C. City Clerk - Andrea Lorenzo-Luaces
No report.
REPORTS
D. Commission Seat V - David W. McLeod
Commissioner McLeod asked, "When do we think that Fisher Road is going to come
back for us again? Mr. Kip Lockcuff, P.E., Utility/Public Works Department Director
stated, "I should have a proposal from our Engineer at the first meeting in January.
CITY OF WINTER SPRlNGS
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CITY COMMISSION
REGULAR MEETING - DECEMBER 11,2000
PAGE 10 OF 20
Commissioner McLeod also inquired about a "Water stub out that was put on Winter
Springs Boulevard by the contractor on Tuscawilla," and then asked, 'Do you know if
that line has been moved yet, that was blocking the driveway?'" Mr. Lockcuff stated, "I
don't think it has been moved yet, though we did provide a letter authorizing the contract
to extend beyond the original contract." Mr. Lockcuff added, "I thought it was blocking
a potential driveway? It's in front of the empty lot, right?" Commissioner McLeod
agreed and said, "It is in front of the empty lot. It is where the person who owns that lot,
occasionally parks his vehicle in that particular area. It has been impossible to park in
there since the pipes were put there." Commissioner McLeod further stated, "So, I'd
hope that we take that up and have it moved before they complete Tuscawilla Road."
REPORTS
E. Commission Seat I - Robert S. Miller
No report.
REPORTS
F. Commission Seat II - Michael S. Blake
No report.
REPORTS
G. Commission Seat III - Edward Martinez, Jr.
No report.
REPORTS
H. Commission Seat IV - Cindy Gennell
Deputy Mayor Gennell asked about the status of Consent Agenda Item "F." Brief
discussion followed.
Deputy Mayor Gennell asked the Commission if they wished to become members of the
National League of Cities.
"I'LL MAKE A MOTION THAT WE SUBSCRIBE AGAIN TO THE NATIONAL
LEAGUE OF CITIES AT HALF PRICE. IT'S ONL Y GOOD UNTIL
DECEMBER 31ST, OF THIS YEAR." MOTION BY DEPUTY MAYOR
GENNELL. SECONDED. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11,2000
PAGE II OF 20
Commissioner Miller stated, "Point of Order." Brief discussion on this membership.
VOTE:
COMMISSIONER McLEOD: NAY
DEPUTYMAYORGENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
REPORTS
I. Office Of The Mayor - Paul P. Partyka
No report.
Mayor Partyka called a break at 7:50 p.m.
The Meeting was called back to order by Mayor Partyka at 8: 13 p.m.
VII. REGULAR
REGULAR
A. Community Development Department - Planning Division
Requests The City Commission Consider Approving A Proposed Annexation
Agreement Between The City And Wayne P. And Robin R. Roberts That Will
Extend Municipal Sewer And Water Services To Property Located Outside The
City Limits. Annexation Can Occur At Such Time As The City Deems Appropriate.
Mr. Charles Carrington, AICP, Community Development Director stated that "The
Agreement would simply allow the applicant to connect to the municipal water and sewer
services, prior to annexation with an agreement that they would annex into the City when
required, and Staff is recommending your approval."
Discussion.
Dr. Robin R. Roberts, Property Owner: addressed the Commission.
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE SECTIONS
SPELLED OUT IN ITEM 'A.'" MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11.2000
PAGE 12 OF 20
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
REGULAR
B. City Manager
Requests That The City Commission Establish A Workshop Date To Meet With
The Winter Springs Planning And Zoning Board To Discuss The Role Of The
Planning And Zoning Board As It Relates To Annexations.
Brief discussion.
With consensus by the Commission, it was decided that this Workshop would be held on
February 51\ 2001 at 6:30 p.m.
REGULAR
C. Public Works Department
Requesting City Commission Input For The Median Landscaping Design For State
Road 434 From Tuscawilla Road To State Road 417.
Much discussion.
Mr. Bill Starmer of SRI, Inc., and Mr. David Wickham of David Wickham & Associates:
spoke with members of the Commission.
Tape 2/Side A
Discussion ensued. Commissioner Miller said, "What we could possibly do and what we
would really like to do, because the existing perception of what is possible doesn't seem
to be enforced anymore. I've always been told by Staff and everybody I have asked, 'No,
you can't put large trees in roadways." Commissioner Miller further commented on large
trees and said, "I would like to see a discussion by this Commission with a concept
presented by you, possibly what 434 would look like twenty-five (25) years from now,
with fifty (50) to sixty (60) foot Oaks there, where the canopy is starting to overhang the
roadway."
Commissioner Martinez stated, "Point of Order." Brief discussion ensued on a Consent
Agenda Item.
CITY OF WINTER SPRlNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER II, 2000
PAGE 13 OF 20
"I'D LIKE TO MAKE A MOTION OR SUGGEST A MOTION THAT WE HAVE
COMMISSIONER GENNELL PASS ALONG OUR OBSERVATIONS TO THE
B.O. W.S. BOARD ON WEDNESDAY, WITH THE PROVISO THAT SHE NOT
STATE THAT WE ONLY WERE LOOKING AT MAGNOLIA TREES."
MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION.
COMMISSIONER MILLER FURTHER STATED, "SO THE MOTION THAT
WE SHOULD PROBABLY SAY - SOMETHING ALONG THE LINES THAT
THE B.O.W.S. BOARD THEN CONCURRING OR NOT GIVING THEIR INPUT,
ADVICE, COUNSEL, THAT THAT WOULD FORM THE BASIS FOR YOU TO
GO AHEAD AND PREPARE THE NECESSARY PAPERWORK FOR
SUBMISSION BY - JANUARY THE 31ST."
MAYOR PARTYKA STATED, "THE FIRST MOTION IS - YOUR ORIGINAL
MOTION WHICH SAYS, 'GIVING A PARTY TO COMMISSIONER GENNELL,
TO TAKE THE INFORMATION, WHATEVER WE DO TO THE B.O.W.S.
BOARD.'"
COMMISSIONER McLEOD STATED, "I'D LIKE TO SEE THE B.O.W.S.
BOARD DO THEIR OWN JOB WITH THEIR RECOMMENDATIONS, WITH
THE STAFF, AND WITH THE ARCHITECT AND DESIGN PEOPLE, AND
THEN BRING IT BACK AND COMMISSIONER GENNELL BECOMES OUR
LIAISON BETWEEN THIS COMMISSION AND THE DESIGN PEOPLE TO
MOVE IT FORWARD." COMMISSIONER McLEOD FURTHER STATED,
"THAT WOULD BE MY AMENDMENT TO THE MOTION." SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE: (ON THE AMENDMENT)
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
VOTE: (MAIN MOTION AS AMENDED)
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
DEPUTYMAYORGENNELL: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11,2000
PAGE 14 OF 20
REGULAR
D. Finance Department
Requests The City Commission Authorize Appropriations From General Fund And
Water & Sewer Fund Balance $39,857 And $35,840 Respectively, To Purchase
Finance, Utility Finance, Purchasing And Business License Equipment And
Software That Will Enhance Tine Capability Of The New Financial Management
Data Processing System. And Waive The Competitive Bidding Requirements Due
To Sole Source Providers.
(This Agenda Item Is The Same Agenda Item That Was Identified On The November
27, 2000 Regular City Commission Meeting Agenda As Regular Agenda Item "E"-
But Was Postponed Until This Meeting)
Discussion.
Commissioner Miller added, "I would still like to see something from Staff, and you
know what you already have on board, you know what you need to get through the end of
the year. Commissioner Miller further stated, "If your request prevails tonight, and all
three (3) of these are addressed, I would still like to get something from you which
indicates that in the next twelve (12) months, based on everything that you know, these
are areas that may have to be addressed."
"I'D LIKE TO MAKE A MOTION THAT WE AUTHORIZE SUPPLEMENTAL
APPROPRIATIONS FROM THE GENERAL FUND FOR $38,611 AND
SUPPLEMENTAL APPROPRIATIONS FROM THE UTILITY FUND IN THE
AMOUNT OF $35,840 TO FUND THE THREE DIFFERENT CATEGORIES OF
ITEM 'D' FOR THE FINANCE DEPARTMENT SOFTWARE AND
HARDWARE. ALSO FURTHER, THE COMMISSION MAKES A FINDING
THAT JET FORMS LASER SOFTWARE IS THE SOLE SOURCE PROVIDER
AND WE WAIVE THE BIDDING REQUIREMENTS ON THAT CONTRACT."
MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11.2000
PAGE 15 OF 20
REVISED
REGULAR
E. Finance Department
Requests The Commission Authorize The Formation Of A 3 Member Audit
Selection Committee, Authorization For The City Manager To Issue An RFP For
Audit Services In Compliance With The Competitive Auditor Selection Procedures
Set Forth In Florida Statutes Section 11.45(3)(a) 6 And 7 (Competitive Negotiations
Act) And Authorization For The City Manager To Negotiate A Contract For Audit
Services For Review And Approval By The Commission.
(This Agenda Item Was Formerly Listed As Consent Agellda Item "C" On The
November 13, 2000 Regular City Commission Meeting. During That Same Meeting,
This Agenda Item Was Moved To The Regular Agenda. Due To Time Constraints This
Agenda Item Was Not Discussed On That Date. The Same Agenda Item Was Then To
Be Discussed During The November 27, 2000 Special City Commission Meeting
(Which Was The Continuation Of The November 13, 2000 Regular Meeting) However,
It Was "Postponed" To This Meeting)
Brief discussion.
"I'LL MAKE A MOTION THAT THE COMMISSION APPOINTS AN - AUDIT
SELECTION COMMITTEE WHICH WOULD ENCOMP ASS THE CITY
MANAGER, THE DIRECTOR OF FINANCE AND A COMMISSIONER TO BE
NAMED BY THE COMMISSION FOR THE PURPOSES OUTLINED IN THIS
AGENDA ITEM." MOTION BY COMMISSIONER BLAKE.
MOTION DIES FOR LACK OF A SECOND.
Tape 2/Side B
Further discussion.
"I'D LIKE TO MAKE A MOTION THAT WE APPOINT A FOUR MEMBER
AUDIT SELECTION COMMITTEE, COMPRISED OF THE CITY MANAGER,
THE FINANCE DIRECTOR, THE GENERAL SERVICES DIRECTOR, AND
COMMISSIONER BLAKE." MOTION BY COMMISSIONER MILLER
COMMISSIONER MILLER CLARIlFIED HIS MOTION AND STATED, "THAT
THE COMMITTEE WOULD BE COMPRISED OF THE CITY MANAGER, THE
FINANCE DIRECTOR, AND COMMISSIONER BLAKE." MOTION BY
COMMISSIONER MILLER SECONDED BY DEPUTY MAYOR GENNELL.
DISCUSSION. COMMISSIONER MILLER STATED, "POINT OF
CLARIFICATION FROM THE CITY ATTORNEY - COULD YOU SHED SOME
LIGHT ON THIS QUESTION?" COMMISSIONER MILLER ASKED, "WOULD
COMMISSIONER BLAKE HAVE TO EXCUSE HIMSELF THEN ON THE DAY
OF THE APPROVAL OF THE VOTE?" ATTORNEY GARGANESE STATED,
"NO, HE WOULDN'T. THE CITY COMMISSION CAN ESTABLISH THE
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11.2000
PAGE 16 OF 20
COMMITTEE THAT IT CHOOSES." COMMISSIONER MILLER THEN
ASKED, "IS THERE ANY CONFLICT OF INTEREST?" ATTORNEY
GARGANESE ANSWERED, "ONLY IF A VOTING CONFLICT ARISES,
PURSUANT TO FLORIDA STATUTE - THAT'S THE ONLY VOTING
CONFLICT THAT A COMMISSIONER FACES."
VOTE:
COMMISSIONER McLEOD: NAY
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
"I'LL MAKE A MOTION THAT WE HAVE THE MANAGER GO AHEAD AND
ISSUE AN RFP." MOTION BY COMMISSIONER McLEOD. SECONDED BY
DEPUTY MAYOR GENNELL. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
Mayor Partyka stated, "The third part of this is to authorize the City Manager to negotiate
a contract, again subject to Commission approval for Audit Services based on what the
Selection Committee recommends. Is there a Motion to that?"
"SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11.2000
PAGE 17 OF 20
REGULAR
F. City Manager
Notifying The Mayor And Commission Of The Requirements Of Section 4.02. Of
The Charter Of The City Of Winter Springs As It Relates To Districting. Further,
The City Manager Is Requesting Guidance As It Relates To The Possibility Of The
Charter Review Committee Recommendation That The City Add A Sixth District
To The City.
Discussion.
Deputy Mayor Gennell asked Attorney Garganese, "On the Districting Committee, the
members of the Districting Committee can also be members of our other Boards because
this Districting Committee is just a short term thing. Is that correct?" Attorney
Garganese stated, "In this case, you have a Charter provision specifically relating to the
Districting Commission, and that says 'Electors chosen shall not be employed by the City
in any other capacity. ", Deputy Mayor Gennell further inquired, "So, then the question
becomes, 'Are our Board Members employees of the City?'"
Discussion. Regarding possible recommendations, Mayor Partyka stated, "The status
right now seems like at least three (3) people want the five (S) member districts - to go
on at that point, and let's wait until after the Charter Review is done." Mayor Partyka
further stated, "At this point, it seems like the input to the City Manager is that we just
concentrate on the current Districting Commission, and whenever it's appropriate, we'll
decide at that point in time."
Commissioner McLeod added that, "I think part of the consensus though Mayor, is that a
Staff member take a look at this thing, draw a line on a City map, and tell us what that
looks like."
With further discussion, Mayor Partyka then advised everyone, "So, your suggestion is
that we do come out with our nominations by January 8th. So that's a head-up."
Mayor Partyka then spoke about Deputy Mayor Gennell's request for information and
asked Attorney Garganese, "Can a person serve on this and any other Board?" Attorney
Garganese replied, "I would like a little time to think about that issue. You have until, no
later than January 22nd to make the appointments; preferably, I think Staff is
recommending January 8th. Let me think about that issue and get you an answer."
Mayor Partyka stated, "Just fax it in so we can pass it on to the Commission."
Deputy Mayor Gennell stated, "So you will get back to me?" Attorney Garganese
replied, "My intentions are to get something to all the Commissioners and the Mayor, on
that very issue, in writing - sooner, rather than later."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11,2000
PAGE 18 OF 20
REGULAR
G. City Manager
Recommends The City Commission Consider Nominating The Next Deputy Mayor
As Stipulated In The Charter Of The City Of Winter Springs, Consistent With
Actions In The Past.
Deputy Mayor GennelI nominated Commissioner McLeod for Deputy Mayor.
Commissioner McLeod nominated Commissioner Blake for Deputy Mayor. With a hand
vote, Commissioner McLeod was selected as the next Deputy Mayor.
REGULAR
H. City Clerk
Requests That The Mayor Make An Appointment To The Beautification Of Winter
Springs Board, To Fill The Vacancy As A Result Of The Recent Resignation Of
Board Member Marilyn Dickinson.
Mayor Partyka stated that he would have this for the January 81\ 2001 Meeting.
REGULAR
I. City Manager
Requests That The City Commission Evaluate The Recent Two Month Trial Period
In Which The "Reports" Portion Of Regular Meetings Was Moved.
. .~
With discussion, the Commission agreed to have the "Reports" portion of the meeting,
returned to the "end of the Meeting."
REGULAR
J. City Clerk
Requests That The City Commission Consider Authorization Of A Supplemental
Appropriation Of $9,125.29 To Cover The Costs Associated With The Recent
Recodification Of The City Of Winter Springs' Code Of Ordinances.
"I MOVE THAT THE COMMISSION APPROVE A SUPPLEMENTAL
APPROPRIATION OF $9,125.29 TO COVER THE COSTS ASSOCIATED WITH
THE RECENT RECODIFICATION OF THE CITY OF WINTER SPRINGS'
CODE OF ORDINANCES." MOTION BY DEPUTY MAYOR GENNELL.
SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11,2000
PAGE 19 OF 20
VOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
ADD-ON
REGULAR
K. City Clerk
Requesting That The City Commission Of The City Of Winter Springs Consider
Resolution Number 2000-38 Which Sets Forth A Suggested Format And Style For All
City Commission Meeting Minutes And Advisory Board And Committee Meeting
Minutes.
(This Agenda Item Is The Same Agenda Item That Was Identified On The November
27, 2000 And December 4, 2000 City Commission Meeting Agendas As Regular
Agenda Item "H" - But Was Postponed Until This Meeting. This Agenda Item Will
Not Be Discussed On This Agenda, But Will Be Placed On The January 8, 2001
Regular Meeting Agenda Item)
No action needed or taken at this Meeting.
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS
pREVIOUSL Y LISTED ON THIS AGENDA AS CONSENT AGENDA ITEM "F,"
HOWEVER, THE COMMISSION VOTED IT ONTO THE REGULAR AGENDA.
THIS AGENDA ITEM IS NOW NOTED AS REGULAR AGENDA ITEM "L."
.:. .:.
Finance Department
Requests The City Commission Approve A Budget Amendment To Reflect The 2000
Water And Sewer Bond Issue And The Establishment Of A Separate Arbor Special
Revenue Fund.
Brief discussion.
"MOTION TO APPROVE RESOLUTION 2000-40 INCORPORATING BUDGET
AMENDMENTS AND COMMISSION CONSENT ITEM 'F.'" MOTION BY
COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL.
DISCUSSION.
CITY OF WINTER SPRINGS
MrNUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 11,2000
PAGE 20 OF 20
Discussion ensued on funding.
Ms. Ethel Beecher, Chairperson of the Beautification of Winter Springs Advisory Board:
spoke to the Commission about upcoming projects.
Deputy Mayor Gennell stated, "Between the B.O.W.S. Board and Public Works, are they
going to revisit some of those traffic calming areas that are so raggedy looking? Right?"
Mr. Lockcuffanswered, "Yes." Deputy Mayor Gennell added, "Thank you."
VOTE:
COMMISSIONER MARTINEZ: A YlE
COMMISSIONER MILLER: AYlE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
VIII. ADJOURNMENT
Members ofthe Commission wished everyone Happy Holidays.
"MOVE TO ADJOURN." MOTION BY DEPUTY MAYOR GENNELL.
SECONDED. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Mayor Partyka adjourned the meeting at 9:59 p.m.
NOTE:', l1ii.se Minutes were approwd at~/he January 8,200 I City Commission Meeting.
I I },
." \ ,'.
I'
ArrACHMENT "A"
ORDINANCE NO. 2000-44
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA, EXTENDING THE TERM OF THE NATURAL
GAS FRANCHISE GRANTED BY ORDINANCE NO. 54
UNTIL JULY 1,2001; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the current natural gas franchise ordinance, granted on December 21, 1970, will
expire on December 31, 2000; and
WHEREAS, the City Commission will not hold another meeting until after the term of
Ordinance No. 54 expires, therefore, an emergency exists requiring immediate and timely action to
extend the franchise to allow negotiations as stated herein; and
WHEREAS, City staff is currently negotiating a new natural gas franchise with Florida
Public Utilities Company and desires additional time to complete the negotiations and prepare a new
franchise ordinance for the City Commission's consideration and adoption; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs to extend the franchise term provided in Ordinance No. 54 for a period of time set forth
herein in order to allow City staff additional time to complete negotiations on a new franchise with
Florida Public Utilities Company.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Franchise Tel'm Extended. The natural gas franchise term set forth in
Ordinance No. 54 is hereby extended one hundred eighty (180) days and said term shall now expire
on July 1,2001. All other terms and conditions contained in Ordinance No. 54 shall be unchanged
by this Ordinance and shall remain in full force and effect.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
City or Winter Springs Ordinance No. 2000-44
Page I 01" 2
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the II'" day ofDecember 200: Au2c1r;FJ4
Mayor
t TTEST:
If)
(
'_/ANDREA LO
City Cle;k
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
Effective Date: December 11, 2000.
Accepted by Franchisee (Florida Public Utilities Company):
Print name/title:
F:\DOCS\City of Winter Springs\Ordinances. 2000\Ordinance - 2000-44\2000-44.kj
City of Winter Springs Ordinance No. 2000-44
Page 2 of 2