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HomeMy WebLinkAboutMinutes 09-12-1988 SpecialCAPE CANAVERAL CITY COUNCIL SPECIAL MEETING SEPTEMBER 12, 1988 A Special Meeting of the City counciloffaththeicityfHalleAnnexCanaveral, 111 Florida, was held on September 12, was called to Polk Avenue, Cape Canaveral, Florida. The meeting order at 7s30 P.M. by Mayor Patrick Lee. Pledge of was was led by Mayor Lee. officials The roll Patrick Leeor asMayoreProyTemecitClerk. Robert Ho g, Council MemberstJeff Kiwere dd, Steve Miller and Rocky Randels. Also present were City Manager, Leo Nicholas, City Attorney, Jim Theriaci Sergeant -at -Arms, Deputy Stewart, and City Clerk, Jan Loeser. PUBLIC 1. I1 ii nternet oval Unillill n ofe1: I[Otat 0 erat one En for neerar Laos 673t(AFL Cwith t Ole Attorney Joe Moss, representing the City, explained that after a number off bargaining es ions#includirl reached agreement anone he114torticleshat ibut had City and the impassed on seven articles. arties had agreed to waiventhe appointaccordancs with with Florida Statutes, the p ment of a Special Master and proceed directly to the City Council o resolve the issues which remained in dispute. to Statute Mr. Moss adviedthe purpose ofsthe tpublic he tHearing wasCouncilt tothearathetmatterarina dispute and decide, item by item, how to resolve the difference between tby he position held by the City's negotating teoo.am and the position held tnion'she the UCouncilnwastrequiredato take into consideratim. Mr. M further exlonithetpublic City interest, including the interest of the public employees involve . It was pointed out by Mr. Moss that the Statutes provides that the not acceptcthose is asevoted onubyithe Councill. if the l,nthose ion eit ms ambers re still mandated for the fiscal year but would be subject to renegotiation at subsequent contract negotiation times. forthset e Statutes: Each Moss outlined the would present their procedure as theCouncilwould adopt,, by ideposition. motionthe they wished tot taker the noted the Union's hatihe�wouldabe ipreaoenting that City's position and Mr. Elmer Savor would be presenting the Union's position. Mr. Moss distributed memorandum outlining the imAacopy articles fisaid and the positions held by the Union and a p City. memorandum is attached hereto and made a part hereof by reference. re The impaused articles, as specified in the memorandum, presented as follows: ARTICLE IV - Union Stewards and Union Re resentation d the Mr. Mossppresented Ithe wCitas euggeatedibyas'�Mr.r Hoog othat ethe anion toor emeeting ewithuthedto secure employee. Mr.nission from the CRandels suggestedypermis ier onibe btained from a lower level of supervisor and the length of time be o agreed upon. Discussion followed. CITY COUNCIL SPECIAL MEETING SEPTEMBER 12, 1988 PAGE 1 OF 5 Mr. Randels moved to adopt the following position: A reasonable time would be granted to investigate a grievance during normal working hours when the steward tells the supervisor how much time he thinks would be needed and the supervisor concurs. Mr. Kidd seconded motion. Motion carried unanimously. ARTICLE X - Seniority Mr. Savor advised that this issue had been settled at the morning's bargaining session. ARTICLE XI - Leaves of Absence Section ' 11.2(b) Mr. Moss presented the City's position. Mr. Savor presente3 the Union's position. He noted that the Union's position was the current policy, which had been in effect for several years. Discussion followed. Mr. Ottis Manley, a City employee and a member of the Union's bargaining team, spoke in favor of the Union's position. Mr. Kidd moved to accept the City's position. Mr. Miller seconded motion. Motion carried unanimously. Section 11.3 Mr. Moss and Mr. Savor presented their respective pos t ons. Discussion followed. Mr. Kidd moved to accept the City's position. Mr. Hoog seconded motion. Motion carried unanimously. Section 11.4(b) Mr. Moss and Mr. Savor presented their respective pos FEEne; D-scussion followed. Mr. Randels spoke in favor of the Union's position. Mr. Kidd moved to accept the Union's position. Mr. Hoog seconded motion. Motion carried unanimously. Section 11.4(c) Mr. Moss presented the City's position. Mr. Savor presented the Union's position, noting it was what was currently in effect. Discussion followed. Mr. Kidd moved to accept the City's position.. Mr. Miller seconded motion. Motion carried unanimously. Section 11.4(f) Mr. Moss and Mr. Savor presented their respective pos tpos oiine. Discussion followed. Mr. Randels moved to accept the City's position. Mr. Kidd seconded motion. Motion carried unani- mously. ARTICLE XIII - Promotion/Vacancies Mr. Moss presented the City's position. Mr. Savor presented the Union's position. Discussion followed on performance evaluations ' and how they are used. Mr. Kidd moved to accept the City's poition. Mr. Miller seconded motion. Motion carried unanimously. ARTICLE XV - Hours of Work and Overtime Payment Section 15.1 Mr. Moss and Mr. Savor presented their respective pos—its—Mr. Manley spoke against the City having the option to split the work week. It was noted by Mr. Nicholas that this was only done in unforeseen instances and was not of a reoccurring nature. Discussion followed. Mr. Hoog supported the Union's position. Mr. Kidd moved to accept the City's position. Mr. Miller seconded motion. Vote on the motion was as follows: In favor, Mr. Kidd, Mayor Lee, Mr. Miller and Mr. Randelsi opposed, Mr. Hoog. Motion carried. CITY COUNCIL SPECIAL MEETING SEPTEMBER 12, 1988 PAGE 2 OF 5 Section 15.4 Mr. Moss presented the City's position. Mr. Savor presented the Union's position, noting the Union had agreed to two hours minimum call-back pay. Discussion followed. Mr. Randels moved to accept the Union's position. Mr. Kidd seconded motion. Motion carried unanimously. Section 15.7 Mr. Moss presented the City's position. Mr. Sevor presente�tTie Union's position, explaining that the SOC per hour shift differential was currently in effect. Discussion followed. Mr. Kidd moved to accept the City's position. Mr. Miller seconded motion. Motion carried unanimously. ARTICLE XVI - Wages Mr. Mose presented the City's position. Mr. Savor presented the Union's position. For clarification, it was decided to separate the two issues impassed in this article. Cost of Living Increase Mr. Savor requested a 58 Cost of Living increase. Discussion folloce IndexM.edMr.on bRandelsenoted that cost of ithe wagesaofotheConsumer ld asing hcontract wouibe negotiated every year and this Council could not bind future nued. it was noted hat Councils p proposed budget called for Discussion 3% Coat oflLiving increase for t theall City employees. Mr. Randels moved to accept the City's position of a 3% Cost of Living Increase. Mr. Miller seconded motion. Motion carried unanimously. Increase in Wages When Obtaining Higher Certification Mr. Moss noted that the City of Cocoa gives their employees an increase when they obtain their higher license but most other Cities do notgive the increase until there is a vacant position available. Discussion followed. It was noted that the City pays for the schoolicertif- ication. Mrs. Ann necessary spokefor the infavor of the Unionee to attain 'e higher ertif- s position Mr. Hoog moved to accept the Union's position of increasing the operators salary when they obtain their higher certification. Mr. Miller seconded motion. Motion carried unanimously. ARTICLE XVII Physical Examination /Testing Procedure Substance Abuse Mr. Moss and Mr. Sevor presented their respective positions. Mr. Savor noted the Union would agree to the City's position. provided one servisor suspi i n exists andHe noted pthat ethe nt hUnion ead ostood eontreasonablehat their of requiring a rehabilitation program. Discussion followed. Mr. Randels moved to accept the Union's position. Mr. Kidd seconded motion. Mr. t the Cinot rehabilitation Ncl uses inrthe mcontract mended haDisc ssion lode the followed. Mr. Randels restated his motion to require one supervisor and one deartmeneliminatetanyad to confer rehabilitationhat clause reasonable motion scarriedon exists d to unanimously. Mr. Nicholas thanked Mr. Moss for his knowledge and expertise in ion that he was9the disappointed,in thein the naction of theicity Council. noted CITY COUNCIL SPECIAL MEETING SEPTEMBER 12, 1988 PACE 3 OF 5 At this time, Mayor Lee called for a five-minute recess. The meeting was reconvened at 10:30 p.m. 2. Resolution No 88-50 Adoption of Millage Rate for FY 1988-89 A RESOLUTION ADOPTING A MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1988 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Resolution. Mayor Lee explained the proposed millage rate would be 1.052 mills, with .476 mill for beautification, .347 mill for library and .229 mill for storm drainage debt service. ' Mr. Randels moved for adoption. Mr. Miller seconded motion. There being no comments from members of the audience, Mayor Lee requested the question be called. Motion carried unanimously. 3. Resolution No 88-51 Adoption of FY 1988-89 Budget A RESOLUTION ADOPTING THE ANNUAL GENERAL FUND, SEWER FUND, SPECIAL REVENUE FUNDS AND DEBT SERVICE BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988 AND ENDING SEPTEMBER 30, 1989; PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Resolution. Mr. Hoog moved for adoption. Mr. Miller seconded motion. There being no comments from the audiences Mayor Lee requested that the question be called. Motion carried unanimously. 4. Ordinance No. 12-88 Adoption of Revised Com rehensive Plan (Second Reading) AN ORDINANCE AMENDING CHAPTER 630 OF THE CODE. OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE AMENDED COMPREHENSIVE PLAN; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mr. Randels moved for adoption. Mr. Miller seconded motion. Mr. Randels explained that he had carefully reviewed the document and had several areas of concern. Mayor Lee noted that it was his opinion there were several items that needed to be addressed prior to adoption of the plan. Discussion followed. Mr. Lamar Russell, Chairman of the Local Planning Agency, questioned the additional information which had been placed in the plan since the Local Planning Agency last reviewed it. Mr. John Schock, the City's planner with Briley, Wild and Associates, noted that the Department of Community Affairs' recommendations had been incorporated into the plan. Discussion continued. It was noted that the normal process would be ' that the revised plan go back to the Local Planning Agency for review but the State Statue does not allowed enough time for this process. Mr. Randels cautioned the Council to be fully aware of what they adopt because once the comprehensive plan is adopted, it attains legal status and must be followed. City Attorney Theriac concurred. The consensus of the Council was that they were not prepared to adopt the comprehensive plan at this time and that the Local Plan- ning Agency be asked to review the revised plan prior to adoption. Chairman Russell noted the Local Planning Agency could hold a special workshop meeting to review the plan on September 21st, and CITY COUNCIL SPECIAL MEETING SEPTEMBER 12, 1988 PAGE 4 OF 5 requested a combined meeting between the Local Planning Agency and the City Council also be held. It was noted the combined workshop meeting could be held on October 5th. Mr. Hoag moved to postpone adoption of Ordinance No. 12-88 until the regular Council Meeting of October 18.. Mr. Miller seconded motion. Motion carried unanimously. City Attorney Theriac was directed to contact the State of Florida, Department of Community Affairs, and advise them of the Council's action. There being no further business, the meeting was adjourned at 11:25 P.M. Approved this 4th day of October , 1988. Mayor C yCer IS>OSd1TN>CDCMLNI6NWhY 1CLCVNONC sOr.4CDOL >LONIW YDea C> 1900>INa0x2D2 V TO: The Honorable Mayor and City Council Members FROM: Joseph R. Mose, City Negotiator SUBJECT: Impasse of Negotiations DATED: September 12, 1988 The negotiators from the Union and the City have reached an lmpasse in the differences which remain collective bargaining sessions between the parties. Th(8 impasse Ls now submitted for a public hearing and to the Council to resolve the n in the negotiation process. The parties have reached agreement on fourteen articles in the proposed collective bargaining contract. Those articles are submitted for your approval. (See attached composite exhibit one.) The subjects which remain unresolved include the following: 1. ARTICLE IV - Union Stewards and Union Representation. UNION POSITION - That a union steward should be able to meet with a bargaining unit employee to discuss a possible grievance during hours of work. CITY POSITION - The union steward should meet and confer with bargaining unit member. in non -working time to discuss a possible grievance. 2. ARTICLE X - Seniority. UNION POSITION - That seniority shall be acquired after 90 days probationary period and made ret roactive to the first day. Classification seniority shall prevail in layoffs, recall and vacation schedules. In the waste water plant, shifts shall be selected by the employee with the higher license (A, B, C, unlicensed) and if equal than seniority prevails. CITY POSITION - That seniority begins after a six month probationary period and retroactive to the first day. Cla'aification seniority shall prevail in regard to layoff, recall and vacation selection. ATTACHMENT TO MINUTES OF SPECIAL CITY COUNCIL MEETING SEPTEMBER 12, 1988 PACE 1 OF 4 3. ARTICLE 1I - Leaves of Absence. UNION POSITION - 11.2(b). The union position is that full-time employees who work on the holiday shall receive 1 1/2 times their regularly hourly rate in addition to the holiday pay. CITY POSITION - 11.2(b). The city proposed that the employee receive an additional days pay plus his holiday pay if he is required to work on that day. UNION POSITION - 11.3. The union position on accruing of vacation would be that there would be no limit to the amount that could be accumulated.(GO days CITY POSITION - 11.3. The city proposes that the employee be permitted to accrue vacation, not in excess of 1 1/2 times the amount of annual leave. Vacation leave not used would be forfeited. UNION POSITION - 11.4(b). The union proposal is that sick leave benefits be paid at the rate of 501 when an employee is laid -off. When the employee is recalled within the 12 month period, he would be eligible to receive the remaining sick leave credited to his account. CITY POSITION - 11.4(b). That should the employee elect to take the 501 payment, upon leaving on lay-off, should the employee be recalled he would have already been paid for the benefit and not eligible for any additional leave upon recall UNION POSITION - 11.4(c). The union proposal on worker compensation benefits in that the employee be paid full pay while he is on workers compensation leave due to injury on the job. CITY POSITION - 11.4(c). The city proposes to coordinate the injury leave and workera compensation benefits allowing the employee to receive full compensation for the first 20 working days of injury by coordinating the sick leave with workers compensation benefits. Difference between workers compensation payments (66 2/31 of pay) and his full pay would be by taking accumulated sick leave or vacation leave at the employees option. At the end of the 20 working days, from the date of the injury, the employee would then receive only his workers compensation benefits of 66 2/31 of his groes pay. UNION POSITION - 11.4(£). The union's position on payment of unused sick leave from the accumulation of up to 400 hours would provide for payment to O any employee who left the City, whether for discharge for cause or resignation without proper 14 day notice or voluntary, termination with proper notice. CITY POSITION - 11.4(f). The city proposal is that upon voluntary termination The -employee be paid 501 of unused accumulated sick leave, if a proper 14 day notice is given. However, no payment would be made when an employee is discharged for cause or resigns without proper notice. ATTACHMENT TO MINUTES OF SPECIAL CITY COUNCIL MEETING SEPTEMBER 12, 1988 PACE 2 OF 4 4. ARTICLE XIII - Promotion/Vacancies. UNION POSITION - The union proposed that promotional vacancies be filled on the bases of seniority and qualifications. Where qualifications are equal, seniority will be the determining factor. CITY POSITION - The city proposed that vacancies for promotions will be filled on the bases of qualifications. Where qualifications are equal, performance evaluations and seniority will be a factor. 5. ARTICLE XV - Hours of Work and Overtime Payment. UNION POSITION - 15.1. The union proposed that there be specific hours of work written into the contract. This would insure that the shifts would remain relatively the same as they currently are. Further, that there be no split work week. CITY POSITION - 15.1. The city be permitted to establish the hours of work of the employee. based on the need of the city. IC would not rule out split work week or changing the current hours to different hours. UNION POSITION - 15.4. The union proposes that any employer required to wear a beeper during his off duty hours be paid 2 hours each week for being on standby status and receive call-back pay of ehours minimum if he is required to perform any service. CITY POSITION - 15.4. When an employee is requested to wear a beeper ty hours he would be compensated in accordance with any regulations of overtime as provided by the Fair Labor Standards Act. If none is required to be the discussed usepofda beeperhe d receive none. and going t0 anotheremethodeof, of calling back employeeseliminating needed the UNION POSITION - 15.7. Shift Differential The union request that the shift differential of 500 per hour be paid for those who are working after a regular starting time of 2:00 p.m. This night premium pay of 500 per hour is based on what some are currently receiving. CITY POSITION - 15.7. The city reviewed what other cities of similar si.e in Brevard County and in the State of Florida are paying and finds that the shift differential which has been paid in the past is excessive for the work. Therefore, it proposed a premium of 300 per hour. 6. ARTICLE XVI - Wages. UNION POSITION - The union proposal submitted to the collective bargaining process was for a 102 increase for cost of living. CITY POSITION - The city presented a counter proposal of 3% increase for each classification as a cost of living increase. In addition, the city has taken the position that because an employee obtains a higher certification or license than the one he holds, it does not automatically increase his pay, unless there is a position vacancy available. ATTACHMENT TO MINUTES OF SPECIAL CITY COUNCIL MEETING SEPTEMBER 12, 1988 PACE 3 OF 4 7. ARTICLE %VII - Physical Examination/Testing Procedure Substance Abuse. UNION POSITION - The union has no objection and has submitted its counter proposal for substance abuse testing in general principles. However, the unions position is that before a teat can be ordered of an employee, other than the annual test, as part of his physical, that it would require both a supervisor and a superior to that supervisor to have reasonable suspicion for the establishment, that the employee is abusing a substance. The unions position is based on, they do not want this article to be used as a harassment by a supervisor. Additionally, the union proposes that should an employee initially be found to have a substance abuse problem, that there be an agreed rehabilitation program which will allow the employee an opportunity to rehabilitate himself without losing his job. CITY POSITION - The city proposes that it reserve the right to require ell employees have annual physical examination which could include psychological, alcohol, drug and controlled substance testing. In addition, should the city have reasonable suspicion that anemployeeis abusing any substance, that it may conduct a test without notice. The procedure established would be through a Certified State Laboratory, such as that at Wuesthoff Memorial Hospital, in accordance with State 'standards as provided in the Florida Administrative Code. The city proposal would reserve the right to discipline any employee who is found to be abusing drugs or alcohol, to be subject to disciplinary action up to and including termination. The city takes the position that it should be discretionary with the city as to whether or not rehabilitation would be a remedy available. These are the disputed items which remain to resolved by the City Council on a vote on each line item. It is my suggestion that the public hearing be opened for the union to go forward with its request to adopt its pot tion the and that the city position be responded to by me and then comments be heard from the public on the issue. After the completion of the public comments on each item, that the City Council then take line item, by line item vote to resolve the differences. Upon the resolution of the differences between the issues which remain, the contract would be 'entered into between the bargaining unit and the city and would be binding on the parties. However, those portions of the contract in which the City Council mandated the decision would reflect that in the collective bargaining agreement. Those matters would, of course, be subject to renegotiation at subsequent contract negotiation times.. Of course, at the meeting I will answer any questions which you may have. 4pectlul.l4yDabmftedT�eph R. os JRM/ccw ATTACHMENT TO MINUTES OF SPECIAL CITY COUNCIL MEETING SEPTEMBER 12. 1988 PAGE 4 OF 4