10-04-2004
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Voting Order
Councilwoman Rhodes
Councilwoman Lichter
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
AGENDA
CITY COUNCIL OF EDGEW ATER
REGULAR MEETING
October 4, 2004
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROV AL OF MINUTES - None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TESIDONA TIONS
A. Recognition of appointed/reappointed Board/Committee members.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or less.
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 1 st Reading, Ord. No. 2004-0-31 , Dan Robison, Highway 442 Partners. LLC,
agent for property owners Vincent and Pamela Snowden, requesting
annexation of 5,60 1:t. acres of property located north of SR442 and east and
west ofI-95.
7. BOARD APPOINTMENTS - None at this time.
8. CONSENT AGENDA - None at this time.
9. OTHER BUSINESS
A. Ratification of PEA Union Contract - staff recommending adoption of the
Coastal Florida Public Employees Association Agreement as negotiated.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
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City Council Agenda
October 4, 2004
Page -2-
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Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is before
Council. Please state your name and address, and please limit your comments to five
minutes or less.
2) All items for inclusion on the October 18, 2004, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, October 11, 2004.
Pursuant to Chapter 286, FS., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a
verbatim record of the proceedings is made. The City does not prepare or provide such record
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Susan Wadsworth, 104 N Riverside Drive, Edgewater, Florida, telephone number
386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-
955-8771.
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AGENDA REQUEST
Date: Septemher ?R, 7004
PUBLIC
HEARING Octo her 4) ?004
ORDINANCE
RESOLUTION
BOARD
APPOINTMENT
OTHER
RUSINESS
CONSENT
ITRM ORSCRIPTION:
Ordinance No. 2004-0-31
Dan Robison, Highway 442 Partners, LLC., agent for
Vincent and Pamela Snowden, owners requesting
annexation of 5601.01:f: acres located North of S.R.
442 and east and west of 1-95
OWNER: Vincent and Pamela Snowden
APPLICANT: Dan Robison, Highway 442 Partners, LLC.
REQUESTED ACTION: Annexation
LOCATION: North ofS.R. 442 and east and west ofI-95
AREA: Approximately 5601.01 acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Environmental Systems Corridor, Forestry Resource, Rural
and Low Impact Urban
ZONING DISTRICT: Volusia County - FR (Forestry Resource), RC (Resource Corridor), and A-2
Rural Agriculture.
PROPOSED USE OF PROPERTY: See Exhibit "A" for development potential
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SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
City of New Smyrna Beach- City of New Smyrna Beach-
North Vacanti Undeveloped Environmental Systems Forestry Resource and
Corridor and Forestry Resource Conservation
Volusia County A-2 (Rural
Vacanti Undeveloped Volusia County - Rural and Agricultural), A-3 (Transitional
East Forestry Resource Agricultural),and RA (Rural
Agricultural Estate)
Mixed Use w/Conservation Volusia County A-I (Prime
Overlay and Conservation Agricultural), A-3 (Transitional
Vacanti Undeveloped AND Agricultural), B-5 (Heavy
South Commercial), B-6 (Highway
Volusia County - Rural and Interchange Commercial), and
Forestry Resource MH-4 (Rural Mobile Home)
Vacanti Undeveloped Volusia County Environmental Volusia County FR (Forestry
West Systems Corridor Resource)
Background: Exhibit "A" addresses several issues with this proposed annexation, including land use
compatibility and adequate public facilities.
At their regular meeting held on September 15, 2004, the Planning and Zoning Board voted 6-0 to send a
favorable recommendation to City Council for the annexation of the subject property.
Natural Environment: Soil types on this property include the following: Eau Gallie Fine Sand, Gator
Muck, Malabar Fine Sand, Myakka Fine Sand, Wabasso Fine Sand, Tequesta Muck, Samsula
Muck, Smyrna Fine Sand, and Pineda Fine Sand. On-site vegetation includes: Pine Flatwood, Tree
Plantation, Mixed Wetland Hardwoods, Cypress/Pine/Cabbage Palm, Cypress Swamp, Wet
Prairie, Disturbed Lands, and Shrub/Disturbed Wetlands.
Consistency with Comprehensive Plan: Annexation of this property is consistent with the City of
Edgewater Comprehensive Plan Future Land Use Element's Projected Land Use Needs - Future
Residential Land, which states: "Since the projected future demand for residential acreage is 3,854
acres and the Future Land Use Map only indicates 3,300 future developable acres, there may be a need
for annexation or increased density to compensate the demand The typical reactions of the market to
the demand for housing are anticipated to close the gap between the additional 554 acres that may be
needed, considering the ample supply of vacant land currently surrounding the City." The City of
Edgewater Comprehensive Plan Future Land Use Element's Projected Land Use Needs - Future
Commercial Land further states: Additional commercial acreage is also anticipated to develop adjacent
to the Interstate 95 interchange, which is a regional opportunity for the City. Therefore, the commercial
acres-per-population ratio was projected at 15 commercial acres per 1,000 population to account for
this factor. The amount of additional commercial acres necessary to support future growth through the
year 2010 is estimated to be an additional 188 acres of developable land
Other Matters: A Comprehensive Plan Future Land Use Amendment and Rezoning shall occur at a
later date.
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STAFF RRCOMMRNDATION
Staff recommends approval of Ordinance 2004-0-31.
MOTION
Motion to approve Ordinance 2004-0-31.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
DATE:
Respectfully Submitted By:
YES
AGENDA ITEM NO.
G:\planning\Pat\Council agenda\2004\AN-0406 - Hwy 442 partners.doc
NO X
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Kenneth R. Hooper
City Manager
EXHIBIT "A"
1-95 / SR 442 Annexation Reoort
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This annexation report is prepared for the City of Edgewater in accordance with the
requirements of Chapter 171 Florida Statutes relating to voluntary annexations.
Property Location
The subject property is comprised of several parcels of varying sizes, all of which are
currently located in unincorporated V olusia County. The main body of the subject
property lies north of SR 442 and west of 1-95 in the northwest comer of the 1-95 / SR
442 interchange. In this report, this property is referred to as the "1-95 West" property.
The 1-95 West property is comprised of several individual parcels of land which
combined, total approximately 6,450 acres in size. (Note: All acreage references in this
report are approximate, subject to revision based on a survey).
Of the 6,450 acres in the 1-95 West property, approximately 1,100 acres are within the
current City of New Smyrna Beach corporate limits. These 1,100 acres are not under
consideration for annexation into the City of Edgewater. The remaining 5,350 acres of
the 1-95 West property are currently located in unincorporated Volusia County.
In addition to the 1-95 West property, a smaller tract, also included in the proposed
voluntary annexation and also comprised of several individual parcels, lies north of SR 0
442 and east of 1-95 in the northeast comer of the SR 442 / 1-95 interchange. In this
report, this property is referred to as the "1-95 East" property. The 1-95 East property is
approximately 270 acres in size.
The total combined size of the 1-95 West property and the 1-95 East property is
approximately 5,620 acres. This 5,620 acre combined property (referred to collectively in
this report as the "Property") is the subject of a proposed voluntary annexation into the
corporate limits of the City of Edgewater.
The Property is bounded on the east and the south by the City of Edgewater and
unincorporated V olusia County, on the north by the City of New Smyrna Beach and
unincorporated Volusia County, on the west by unincorporated Volusia County.
The Property is shown graphically on the attached Exhibit I.
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EXISTING CONDITIONS
Current Development Condition
The Property is currently undeveloped. The vegetation on the Property is a mixture of
open grassland and moderately forested, with wetland areas distributed irregularly
throughout.
Current Future Land Use Designation
All of the 1-95 East Property lies within Volusia County's proposed City of Edgewater
Urban Growth Boundary.
Approximately 900 acres of the 1-95 West Property, adjacent to 1-95, lies within Volusia
County's proposed City of Edgewater Urban Growth Boundary.
The Property is currently located in unincorporated V olusia County and the current
V olusia County Future Land Use designation of the Property is a mixture of Forestry
Resource, Environmental Systems Corridor, Low Impact Urban and Rural.
The predominant Future Land Use designation on the Property is Forestry Resource,
which is the Future Land Use designation assigned to the majority of the 1-95 West
property.
The portion of the 1-95 West property located nearest to the 1-95 / SR 442 interchange
carries the Low Impact Urban Future Land Use designation.
Similarly, the portion of the 1-95 East property located nearest to the 1-95 / SR 442
interchange also carries the Low Impact Urban Future Land Use designation
The balance of the 1-95 East property carries the Rural Future Land Use designation.
The Environmental Systems Corridor Future land Use designation is applied to several
areas of the 1-95 West property, with a small portion of the 1-95 East property also
carrying this designation.
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PROPOSED CONDITIONS
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Proposed Future Land Use
After annexation, the Property would be subject to a City of Edgewater large scale
Comprehensive Plan amendment in order to change the Future Land Use designation.
The Future Land Use of the Property would be changed to a combination of residential,
commercial and conservation land use designations.
The specific Future Land Use designations to be applied, and the areas to which they will
be applied will be determined by the City of Edgewater and the resulting Comprehensive
Plan amendment will be subject to approval by the Florida Department of Community
Affairs. Upon approval of the Comprehensive Plan amendment, applications by the
owner(s) for rezoning of all or parts of the Property, consistent with the then-current City
of Edgewater Future Land Use designations, could be submitted to the City for review.
Anticipated Development Potential
The anticipated development potential of the Property includes a mixture of retail, office
and general commercial development as well as low and medium density residential
development.
Of the approximately 5,620 acre total area, it is estimated that around 3,000 acres will be
developed as low and medium density residential. Based on City of Edgewater
development standards, the anticipated development density of this area would be
approximately 7,000 residential units.
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An additional 500 acres is projected to be developed as a combination of retail, office and
general commercial uses. This area would also be subject to City of Edgewater
development standards, and it is estimated that approximately 750,000 square feet of
commercial space could be built, depending on the specific zoning classifications
assigned.
The remaining 2,120 acres of the Property are expected to remain as conservation area
and development activities in this area will be prohibited or severely restricted.
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SERVICE AVAILABILITY
Utility Service Availability
Potable Water Supply
The City of Edgewater will provide potable water service to the Property. The
City's Alan R. Thomas water plant is located approximately one-half mile east of
the Property. This water plant supplies water to the City of Edgewater and to
residential and commercial developments in parts of surrounding V olusia County.
The Thomas water plant currently produces approximately 2.1 mgd of potable
water, and the plant's operating permit allows for the production of up to 5.0 mgd.
The City is presently working with the St Johns River Water Management District
to increase its water supply by the addition of new wells, and the City is also
planning for expansion of the water plant's treatment capacity as demand
increases.
The City has a major water transmission line running from the water plant west
along SR 442 and under 1-95 to the Property. This 12 inch diameter water line
will be used to provide service to the Property, and as development takes place on
the Property, the internal water system will be built by the developer to create a
loop back into the Edgewater water system, or possibly to a point of interconnect
with the City of New Smyrna Beach water system.
Wastewater Treatment
The City of Edgewater will provide wastewater treatment service to the Property.
The City's wastewater treatment plant is located approximately 4 miles east of the
Property. This wastewater treatment plant provides service to City of Edgewater
customers and will provide wastewater treatment service for residential and
commercial development on the Property. The wastewater treatment plant's
current permitted treatment capacity is 2.75 mgd, and the current average daily
flow is 1.1 mgd. The existing plant capacity is sufficient to serve this
development. The plant is designed for expansion to approximately 4.0 mgd to
accommodate the need for additional treatment capacity in the future.
The City has a major lift station located in the southwest comer of the 1-95 / SR
442 interchange. This lift station is located near the southeast comer of the 1-95
West Property, and wastewater collected from developments on the Property will
be pumped from this lift station through an existing 12 inch diameter sewage
force main to the City's wastewater treatment plant.
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Other Municipal Service Availability
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Fire Protection
The City of Edgewater will provide fire protection service to the Property. The
City's main fire station is located approximately four miles east of the Property on
US 1.
Police Protection
The City of Edgewater will provide police protection to the Property. The City's
police station is located approximately five miles east of the Property on East
Park Avenue. Regular police patrols will pass by and through the Property.
Solid Waste Collection
The City of Edgewater will provide solid waste collection service to residential
developments on the Property. Solid waste collection from the commercial areas
will be handled by private solid waste collection companies.
Stormwater Management
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The Property lies within the St. Johns River Water Management District and all
development activity on the Property will be subject to the District's stormwater
management criteria as well as stormwater management requirements of the City
of Edgewater. Detailed soil surveys and wetland determinations will be required
during the preliminary plan preparation for any proposed development. Prior to
any construction, developers will be required to obtain permits from the City and
from the District for any activities related to stormwater management or wetland
impacts.
Transportation System Availability
Interstate 95
Interstate 95 is a state maintained federal interstate highway. The Property is in
the northeast and northwest comers of the 1-95 I SR 442 interchange. Full access
to 1-95 is available at the interchange for northbound or southbound arriving or
departing traffic.
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State Road 442
State Road 442 is a state maintained east-west arterial roadway. SR 442 currently
runs from the 1-95 / SR 442 interchange eastward into the City of Edgewater. SR
442 is a four lane divided highway.
Conclusion
As required by Chapter 171 Florida Statutes, the Property is contiguous to the existing
corporate limit of the City of Edgewater, is reasonably compact and the proposed
annexation would create no ".. . enclaves, pockets or finger areas in serpentine patterns."
The City of Edgewater has the ability to adequately provide water and wastewater service
to the Property, and can adequately provide all other necessary municipal services to the
Property.
The Property meets the requirements of Chapter 171 Florida Statutes relating to voluntary
annexation into the corporate limit of the City of Edgewater.
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ORDINANCE NO. 2004-0-31
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF ST ATE ROAD #442 AND EAST AND
WEST OF INTERSTATE 95 (1-95), VOLUSIA COUNTY, INTO
THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
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WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Dan Robison, Highway 442 Partners, LLC, is the applicant/agent of record for
Vincent and Pamela Snowden who are the owners of property located North of State Road #442 and
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East and West of Interstate 95 (1-95), within V olusia County, Florida. Subject property contains
approximately 5,601.01 :t acres. The property is under contract with Highway 442 Partners, LLC.
2. The owners have voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 2 of the City of Edgewater are hereby designated
to include the property described herein.
StltlGk t1uotlgh passages are deleted.
Underlined passages are added.
2004-0-31
1
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5. During the Planning and Zoning Board meeting on September 15, 2004, the Board
<.)
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
<.; document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
StI nck till ol1~h passages are deleted.
Underlined passages are added.
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2004-0-31
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
StInGk t1uongh passages are deleted.
Underlined passages are added.
2004-0-31
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PARTF.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on October 4, 2004, was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
AYE
NAY
and Second by
the vote on the second reading/public hearing of this ordinance held on October 18, 2004, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
St. t1Gk thlOl1~b passages are deleted.
Underlined passages are added.
2004-0-31
AYE
NAY
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
StIuck tllIOUgh passages are deleted.
Underlined passages are added.
2004-0-31
5
day of
,2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of October, 2004 under Agenda Item No.
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
The South Y2 of the Southwest 1/4 and the South Y2 of the Southeast 1/4, Section 32, Township 17
South, Range 34 East; the South Y2 of the Southwest 1/4, the Southwest 1/4 ofthe Southeast 1/4, the
Southeast 1/4 of the Southeast 1/4, the Southwest 1/4 ofthe Northeast 1/4 of the Southeast 1/4, the
Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4, the Northeast 1/4 of the Northeast 1/4 of the
Southeast 1/4, the Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 and the Northeast 1/4 of
the Southeast 1/4 of the Northeast 1/4, Section 33, Township 17 South, Range 33 East; the South
Y2 ofthe Northwest 1/4, the South Y2 of the Northeast 1/4, the Southwest 1/4 and the Southeast 1/4,
Section 34, Township 17 South, Range 33 East; that portion of the South 'h of the Northwest 1/4,
the Southwest 1/4 and the Southeast 1/4, lying southwesterly ofInterstate 95, Section 35, Township
17 South, Range 33 East; that portion of Section 6, Township 18 South, Range 34 East, lying
southwesterly of Interstate 95; all of Section 1 and 2, Township 18 South, Range 33 East; and
Section 3, Township 18 South, Range 33 East, excepting therefrom five (5) acres in Government Lot
14, described as follows: Beginning at the Southeast comer of said Section 3; thence West on the
South line of said Section 660 feet; thence North 330 feet; thence East 660 feet to the East line of
said Section 3; thence South on the Section line 330 feet to the place of beginning; All being more
particularly described as follows: For a Point of Beginning, commence at the southwest comer of
said Section 3, thence North 00023'50" West, along the west line of said Section 3, a distance of
9,268.62 feet to the south line of said Section 32; thence South 88053'05" West, along said south line
of Section 32, a distance of 1,121.77 feet to the southwest comer of said Section 32; thence North
01045'25" West, a distance of 1 ,317.75 feet to the northwest comer of said South Y2 ofthe Southwest
1/4 of Section 32; thence North 88048'27" East, a distance of 5,316.15 feet to the northwest comer
of said South 'h of the Southwest 1/4 of Section 33; thence North 88044'47" East, a distance of
3,973.41 feet to the northwest comer of said Southeast 1/4 of the Southeast 1/4 of Section 33; thence
North 01045'54" West, a distance of663.33 feet to the northwest comer of said Southwest 1/4 of the
Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 88044'01" East, a distance of661.32
feet to the Northwest comer of said Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of
Section 33; thence North 01050'38" West, a distance of 1,990.46 feet to the northwest comer of said
Northeast 1/4 of the Southeast 1/4 ofthe Northeast 1/4 of Section 33; thence North 88041'43" East,
a distance of658.58 feet to the northwest comer of said South 'h of the Northwest 1/4 of Section 34;
thence North 88035'24" East, a distance of 5,293.36 feet to the northwest comer of said South 'h of
the Northwest 1/4 of Section 35; thence North 88007'06" East, along the north line of said South 'h
ofthe Northwest 1/4 of Section 35, a distance of884.36 feet to the westerly right of way ofInterstate
95; thence southeasterly, westerly and southerly along said westerly right of way the following
Shtick tlll~l1gh passages are deleted.
Underlined passages are added.
2004-0-31
6
seventeen (17) courses: South 29053'36" East, a distance of 452.54 feet; thence South 29052'56"
East, a distance of 1,053.25 feet; thence South 29053'27" East, a distance of 1,127.04 feet; thence
South 29053'23" East, a distance of 1,714.61 feet; thence South 29052'54" East, a distance of
1,495.14 feet; thence South 29053'55" East, a distance ofl,055.51 feet; thence South 29052'17" East,
a distance of 852.17 feet; thence 1.130.44 feet along the arc of a curve to the right being non-tangent
to the last described line, said curve having a radius of8,4l9.42 feet, a central angle of7041'34" and
a chord of 1,129.59 feet which bears South 26002'11 " East; thence South 22011'19" East, along a line
non-tangent to said curve, a distance of 670.91 feet; thence South 22011'10" East, a distance of
1,237.16 feet; thence South22011'37" East, a distance ofl,206.17 feet; thence South22011'45" East,
a distance of 1 ,523.09 feet; thence South 14031'29" East, a distance of 1 ,008.99 feet; thence South
06027'46" East, a distance of299.54 feet; thence South 77055'29" West, a distance of264.56 feet;
thence South 89041'55" West, a distance of332.81 feet; thence South 00018'05" East, a distance of
110.74 feet to the south line of said Section 6; thence leaving said right of way ofInterstate 95, North
89044'48" West, along said south line of Section 6, a distance of5,373.15 feet to the southeast comer
of said Section 1; thence South 89019'23" West, along the south line of said Section 1, a distance of
5,288.04 feet to the southeast comer of said Section 2; thence South 89014'48" West, along the south
line of said Section 2, a distance of 5,299.92 feet to the southeast comer of said Section 3; thence
North 00020'15" West, along the east line of said Section 3, a distance of330.00 feet; thence South
89001'09" West, a distance of660.00 feet; thence South 00020'15" East, a distance of330.00 feet to
the south line of Section 3; thence South 89001'09" West, along the south line of Section 3, a
distance of 4,619.20 feet to the Point of Beginning.
Containing 5,344.3 acres, more or less.
Along with the following:
A portion of Sections 5 and 6, Township 18 South, Range 34 East, lying easterly ofInterstate 95 and
northerly of State Road No. 442, being described as follows: For a Point of Beginning, commence
at the southeast comer of Section 35, Township 17 South, Range 33 East, said point being marked
by a 2-incliiron pipe and being Florida Department of Environmental Protection Agency Certified
Comer No. 0007493; thence North 88055'28" East, along the north line of said Section 6, a distance
of 182.61 feet; thence South 00049'43" West, a distance of 1,002.14 feet to a 4" x 4" concrete
monument with an iron rod; thence South 28047'43" East, a distance of 576.15 feet to a 4" x 4"
concrete monument with an iron rod; thence South 53037'44" East, a distance of788.65 feet to a 4"
x 4" concrete monument with an iron rod; thence South 18034'33" East, a distance of2,280.61 feet
to a point, said point being South 88053'49" West, a distance of50.01 feet from the northwest comer
of U. S. Lot 3, Section 5, Township 18 South, Range 34 East; thence South 00028'46" West, a
distance of 1,342.03 feet to a 4" x 4" concrete monument with an iron rod, said point being South
88053'49" West, a distance of 50.01 feet from the northwest comer ofU. S. Lot 4 which is marked
by a concrete monument marked "St. Regis"; thence South 24024'03" East, a distance of 4,253.70
feet to the northerly right of way of State Road No. 442; thence westerly and northwesterly along the
Shtick tluotlgh passages are deleted.
Underlined passages are added.
2004-0-31
7
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northerly right of way of State Road No. 442 and the easterly right of way of Interstate 95 the
following fourteen (14) courses: thence 255.39 feet along the arc ofa curve to the right being non-
tangent to the last described line, said curve having a radius of 1,809.86 feet, a central angle of
8005'06" and a chord of255.18 feet which bears South 85039'22" West; thence South 89041'04"
West, along a line non-tangent to said curve, a distance of260.99 feet; thence North 82038'28" W,
a distance of 225.62 feet; thence North 60011'39" West, a distance of 196.36 feet; thence North
32000'21" West, a distance ofl,116.30 feet; thence North 27025'11" West, a distance of 494.74 feet;
thence North 22011'38" West, a distance of 1,460.32 feet; thence North 22011'31" West, a distance
of 1,206.12 feet; thence North 22011'23" West, a distance of 1,237.24 feet; thence North 22011'25"
West, a distance of 670.82 feet; thence 1,177.40 feet along the arc of a curve to the left being non-
tangent to the last described line, said curve having a radius of 8,769.43 feet, a central angle of
7041'34" and a chord of 1,176.52 feet which bears North 26002'17" West; thence North 29052'14"
West, along a line non-tangentto said curve, a distance of825.16 feet; thence North 29053'53" West,
a distance ofl,005.63 feet; thence North 29053'09" West, a distance ofl,079.66 feetto the north line
of said Section 6; thence North 88044'36" East, along said north line of Section 6, a distance of
1,870.78 feet to the Point of Beginning.
Containing 281.23 acres, more or less.
Stll1Gk tIuol1gh passages are deleted.
Underlined passages are added.
2004-0-31
8
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AGENDA REQUEST
September 29,2004
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
CONSENT
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Ratification of the Coastal Florida Public Employees Association Agreement. (General Employees
Union Contract)
BACKGROUND:
The changes in this agreement are presented in an underlined and lined through format. The
significant changes are:
Article 8 - Probationary employees will be ineligible for annual pay increases or the use of sick
leave until they are deemed regular employees.
Article 21 - Clarification has been made regarding meal and break times for employees; no actual
change has been made to current practice. Pay is being established for those employees who carry
pagers and have restrictions on their personal activities.
Article 22 - Nine specific paid holidays and three (3) floating paid holidays.
Article 23 - Sick leave accrual bank increases from 320 hours to 500 hours. Current practice of
monthly paid sick days is eliminated. Employees with the designated sick leave balance and years
of service can exchange leave time for money as spelled out in this article.
Article 24 - Unlimited cashing of vacation time is now allowed as long as request is submitted.
Article 27 - The City will continue paying the health insurance premium for current employees
and half of their dependent cost, but no part of dependent coverage will be paid for by the City for
anyone hired after October 1, 2004. The City will pay half of the premium for all dental coverage.
Article 30 - Employees will reimburse the City for educational expenses according to the schedule
in this article.
Article 31 - A proposal will be developed and provided to the City Council regarding retiree
benefits. . ~~ . "\
Article 32 - Employees will receive a 4.3% increase in their wages'{.y ~(2.3% CPl, V
plus 2%) FY2005-06 and 2006-2007 the employees will receive the CPl plus 2% (the minimum
cpr figure used will be 2.3%).
This contract has been reviewed by labor counsel (David Kornreich). A ratification vote is to be
held by the bargaining unit approximately 4:00 p.m. October 4, 2004.
STAFF RECOMMENDATION:
It is the recoriunendation that the City Council adopt the agreement as negotiated and presented.
ACTION REQUESTED:
A motion to adopt the Coastal Florida Public Employees Association Agreement for the fiscal
years 2004-2005, 2005-2006, 2006-2007.
. .
FINANCIAL IMPACT (FINANCE DIRECTOR) Consistent with propose.d FY 2001/2002
budget.
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) .
PREVIOUS AGENDA ITEM:
YES
NO
DATE: 1-:; 9--0 V
AGENDA ITEM NO.
Respectfully submitted,
;(J~ ~
Deborah Sigler,
Personnel Director
Concurrence:
~~~{:'K
Legal Review ~
V-..~&~\\,~ '\.._\f"
. Kenneth R Hooper \
City Manager'
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PEA AGREEMENT
PREAMBLE
This Agreement is entered into by the City of Edgewater, hereinafter referred to as the "City"
and the Coastal Florida Public Employees Association, Inc., hereinafter referred to as the "PEA" for
the purpose of promoting harmonious relations between the City and the PEA, to establish an orderly
and peaceful procedure, to settle differences which might arise and to set forth the basic and full
Agreement between the parties concerning conditions of employment. The term "Designated City
Representative" hereinafter "DCR" shall mean the City Manager or his appointed representative.
The masculine gender shall include the feminine gender and the feminine shall include the masculine
unless the context requires otherwise.
PEA Union Contract
3
September 28, 2004
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ARTICLE 1
RECOGNITION
The City hereby recognizes the PEA as the exclusive bargaining representative for all matters
affecting wages, hours, and working conditions all full time personnel in the following job titles:
GrmIH.ds MainteRaRee Worker, Service Worker (Refuse. Street and Wastewater), Meter Reader,
Utilities Plant Trainee, Office }.I.ssistant, Customer Service Representative/Receptionist, Utilities
System Technician, Cross ControllReclaim Water Inspector, Wastewater Maintenance Technician,
Bio Residual Technician, Equipment Operator, Parks Maintenance Worker, License/Plans Permit
Clerk, Utility Billing Clerk, DatalRecords Gleffi, Administrative Secretary, Administrative Assistant
(Environmental Services and Finance-Fire), Purchasing Agent, Accounts Payable Specialist, Utility
Billing Coordinator, Planning Technician, Plans Examiner, Code Enforcement Officer, A-umal
Control Officer, Buildin2 Insoector /Plans Examiner (Residential))Combination Inspector/Plans
Examiner (Commercial), Utilities Laboratory Technician, Water Plant Operator, Wastewater Plant
Operator, Mechanic, Canal Maintenance Specialist, Lead Mechanic, Team Leader, Crew Chief,
Recreation Coordinator, Accountant, Stormwater Maintenance Worker. Utilities Maintenance
Worker, Utilities System Technician. Laboratory Ouality Control Administrator. Certified
Parks Maintenance Worker. Community Service Officer. Heavv Eauipment Operator. Finance
Clerk I. Finance Clerk n. Accountin2 Technician. Administrative Clerk. Within 30 days both
parties a2ree to file a petition with the Public Employees Relations Commission concernin2
name chan2es. All employees covered by the unit certified by the Public Employees Relations
PEA Union Contract
4
September 28, 2004
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Commission will be entitled to the terms and benefits of this Agreement in accordance with Chapter
447 of the Florida Statutes.
PEA Union Contract
5
September 28, 2004
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ARTICLE 2
MANAGEMENT RIGHTS
1.
The PEA recognizes that it is the function of management to determine and direct the
policies and mode and method of providing its services without any interference in the management
and conduct of the City's operation on the part of the PEA or any of its representatives.
2. The City shall continue to exercise the exclusive right to take any action not in
conflict with provisions of this Agreement, or in conflict with state or federal law which it deems
necessary or appropriate in the management of its operations and the direction of its work force. The
City expressly reserves all rights, power and authority customarily exercised by management, which
the City has not expressly modified or delegated by express provisions of this Agreement. Nothing
in this Agreement shall be construed to limit or impair the right of the City to exercise its own
discretion in determining whom to employ, and _nothing shall be interpreted as interfering in any way
with the City's right to alter, rearrange, change, extend, limit or curtail its operation or any part
thereof unless specifically addressed in this Agreement. Without limiting the provisions of Sections
1 and 2 hereof, but in order to clarify some of the more important unilateral rights retained by
management, the City shall have the following unilateral management rights, unless such rights are
specifically limited and in direct conflict with this Agreement.
(a) To determine the size and composition of the work force, including the
number and composition of employees assigned to any particular operation,
shift or turn consistent with safe practices as determined by the City Manager.
PEA Union Contract
September 28, 2004
6
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(b) To determine the number and type of equipment, vehicles, materials, and
supplies to be used, operated, or distributed consistent with safe practices as
determined by the City Manager.
(c) To hire, rehire, promote, layoff and recall employees.
(d) To recognize, reprimand, discharge or otherwise discipline an employee for
just cause and reasonable cause.
(e) To evaluate including by written performance evaluations, maintain, and/or
improve the efficiency of employees.
(f) To create, abolish, or change job classifications and to determine job
descriptions consistent with the job titles referenced in Article I and
minimum classifications, and amount and type of work to be performed.
(g) To determine the assignment of work, and to schedule the hours and days to
be worked on each job and each shift unless contrary to a specific provision
of this Agreement.
(h) To discontinue, temporarily or permanently, in whole or part, its operations,
and to transfer or assign all or any part of its operation to new facilities.
(i) Consistent with the Americans with Disabilities Act, to require an employee,
at the City's expense, by a physician designated by the City, to take a physical
examination on an annual basis or more frequently if the City has cause to
believe there is a health problem. The employee, at his own expense, may
obtain a second opinion by a physician of his choice. In case of conflict with
PEA Union Contract
September 28, 2004
7
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the original medical examination, a third medical examination may be
requested by the City at the City's expense by a physician designated by the
City. The results of any examinations shall be placed in a separate medical
file.
(j) To test employees for the use of alcohol, illegal drugs and/or controlled
substances when there is reasonable cause in accordance with Article 33.
(k) To determine the location, method, means, and personnel by which
operations are to be conducted, including the right to contract and sub-
contract existing and future work.
(1) Pursuant to the provisions of Article 19, to make or change rules, policies and
practices.
(m) To determine work schedules, work cycles, starting and quitting times and the
number of hours and shifts to be worked unless contrary to a specific
provision of this Agreement.
(n) To introduce new, different or improved methods, means and processes of
conducting the operations, transportation, maintenance and service of the
City.
(0) To determine the qualifications for positions in the City.
(P) To determine the work to be performed during the employee's regular work
day and require that all work be performed in a satisfactory and workman-like
manner.
PEA Union Contract
September 28, 2004
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. PEA Union Contract
September 28, 2004
9
ARTICLE 3
EMPLOYEE RIGHTS
The City and the PEA agree not to interfere with the right of any eligible employee to become
a member of the PEA, withdraw from membership in the PEA, or refrain from becoming a member
of the PEA. There shall be no discrimination against any employee by reason of race, creed, color,
age, national origin, sex, or PEA membership or activity, or lack of PEA membership or activity.
Nothing contained in this Agreement shall foreclose any employee covered by this
Agreement from pursuing any right or remedy, including the grievance procedure with or without
representation of the PEA. Further, nothing contained in this Agreement shall foreclose any
employee from discussing a work related problem directly with his immediate supervisor, and then
thereafter, other departmental officials without the intervention of the PEA, provided that the
immediate supervisor or other departmental officials agree to discuss and/or attempt to resolve the
matter outside the formal grievance procedure. In matters involving a formal grievance, the PEA
shall be given the
opportunity to be present at any meeting called for the resolution of such grievance except as noted
in Article 5.
PEA Union Contract
September 28, 2004
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ARTICLE 4
STRIKES AND LOCKOUTS
The Association and the City a2ree that Sections 447.505 and 447.507. Florida Statutes. shall
20vern their relations re2ardin2 the prohibition of strikes.
The PK^... and bargaining unit members shall have no right to instigate, promote, sponsor,
engage in or condone any illegal work stoppage, boycott, slow dO\vn, strike, intentional disruption of
City operations, or to '.vithhold assigned services for any reason. Each employee who holds a
position in the PK^... also occupies a position of special trust and responsibility in maintaining and
bringing about compliance '.villi this .\rticle, the strike prohibition of Section 117.505, Florida
Statutes, and the Constitution of the State of Florida, Article I, Section 6.
The PEA's elected or appointed officers, agents, ste\vards and other representath"es agree that
it is their continuing obligation and responsibility to promote compliance with this Article and the
law, including their responsibility to abide by the provisions of this Article and the la'll by remaining
at vlork during any interruption which may be initiated by other City employees.
In addition to the penalties set f{lIth in Section 117.507, Florida Statutes, any and all
employees who violate any proyision of the law prohibiting strikes or this l\rticle may be disoiplined,
up to and including discharge by the City.
The Cireui! Courts of Florida shall have jurisdiction to enf{lrce the proyisions of this .^.rtiole
by injlll1ction and contempt proeeedings, if necessary.
PEA Union Contract
September 28, 2004
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For the purpose of this f.rticle, it is agreed that the PEA shall be responsible and liable for
any aet committed by any of their elected or appointed officers, agents, and/or representatives, ',yhich
act constitutes a violation of Florida law, City ordinance, policy, or the provisions herein related to
this
f.rticle. In addition to all other rights and remedies available to the City under Florida laY/, in the
event of a breach of the proyisions herein, the City shall have the right, without further notice, to
suspend this f...greement.
The City agrees that there '.vill be no lockouts for the duration of this i\grecment.
PEA Union Contract
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September 28, 2004
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ARTICLE 5
GRIEVANCE AND ARBITRATION PROCEDURE
In a mutual effort to provide a harmonious working relationship between the parties to this
Agreement, it is agreed and understood that the following procedure for the resolution of grievances
between the parties shall be established and that such procedure shall cover grievances involving the
application or interpretation of this Agreement. Either the PEA, an employee or the City has the
right to file a grievance. Every effort will be made by the parties to settle any grievance as
expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the
steps of this Article, his grievance shall be considered conclusively abandoned. Any grievance not
answered by the City or the PEA within the prescribed time limits shall automatically advance to the
next higher step. The term "working day" as used in this Article shall mean only Monday through
Friday of each week regardless of the grievant's work schedule. Saturdays, Sundays, and holidays
shall not be considered working days even if the grievant is scheduled to work on that day. For the
purpose of computing time, the day on which a grievance or reply is filed shall not be counted.
Grievances shall be presented in the following manner:
Step 1 In the case of a grievance initiated by an employee, the employee shall first discuss
his grievance with his immediate supervisor within five (5) working days of the
occurrence of the event(s) which gave rise to the grievance or from the date on which
the employee becomes knowledgeable of the cause of action. If the employee was on
compensated leave, the five (5) working day period shall commence running
immediately upon the employee's return from such compensated leave. This first
PEA Union Contract
September 28, 2004
13
step between the employee and his immediate supervisor shall be on an informal and
oral basis and shall not involve the PEA or any other representative of the employee,
unless requested by the employee. Any time period may be extended with the
consent of all parties.
Step 2 Any grievance, which cannot be satisfactorily resolved with the immediate
supervisor, shall be reduced to writing by the employee and submitted to the
Department Head within five (5) working days of completion of Step I. The
Department Head shall, within five (5) working days after presentation of the
grievance, render his decision in writing. Any time period may be extended with the
consent of all parties.
Step 3 Any grievance, which cannot be satisfactorily resolved with the Department Head,
shall be submitted in writing to the City Manager within five (5) working days of the
completion of Step 2, by the PEA or by the employee himself at the employee's
option. The grievance shall be discussed with the employee or the employee and the
PEA by the City Manager within five (5) working days of receipt of the grievance by
the City Manager. The City Manager shall within five (5) working days after this
discussion render his decision in writing with a copy to the employee and PEA. Any
time period may be extended with the consent of all parties.
Step 4 In the event a grievance cannot be satisfactorily resolved with the City Manager
either the PEA, employee or the City within fifteen (15) working days after the City
Manager renders a written decision may request that the grievance be submitted to
PEA Union Contract
September 28, 2004
14
arbitration. The arbitrator may be any impartial person mutually agreed upon by the
parties. If an impartial arbitrator cannot be agreed upon within ten (10) working days
after the grievance is submitted to arbitration, the parties shall jointly request the
Federal Mediation and Conciliation Service to furnish a panel of seven (7) names.
Each party shall have the option within five (5) working days of receipt ofthe list of
striking three (3) names in alternating fashion, thus leaving the seventh as the neutral
or impartial arbitrator. The party filing the grievance shall make the first strike.
The City and the PEA shall attempt to mutually agree in writing as to the statement of the
grievance to be arbitrated prior to the arbitration hearing. The arbitrator shall confine his decision to
the grievance thus specified. In the event the parties fail to agree on the statement of the grievance to
be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the
written statement of the grievance presented in Step 2 or 3. The arbitrator shall fashion an
appropriate remedy for violations ofthe provisions contained in this Agreement.
The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise
alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall
,
have no authority to consider or rule upon any matter which is not a grievance as defmed in this
Agreement nor shall this Agreement be construed by the arbitrator to supersede applicable laws in
existence at the time of signing of this Agreement, except to the extent as herein provided. The
arbitration hearing shall be conducted in accordance with the Rules ofPtocedure promulgated by the
Federal Mediation and Conciliation Service.
PEA Union Contract
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September 28, 2004
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Each party shall bear the expense of its own witnesses and of its own representatives for the
arbitration hearing. The impartial arbitrator's fees and related expenses, if any, shall be equally
divided between the parties. Any party desiring a transcript of this hearing shall bear the cost of such
transcript unless both parties mutually agree to share said cost.
Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days ofthe
close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties unless
an appeal is filed within forty-five (45) calendar days of the rendition of the decision.
Where a grievance is general in nature in that it applies to a number of employees rather than a
single employee or the grievance is directly between the PEA and the City, such grievance shall be
presented by the PEA in writing directly to the City Manager within ten (10) working days of the
occurrence of the event(s).
Consistent with the provisions of Chapter 447, Florida Statutes, unless amended, it is
mutually acknowledged and agreed that this Agreement shall be administered within the amounts
agreed to by the City Council for funding of this Agreement. Accordingly, and notwithstanding any
other provisions of this Agreement, the arbitrator shall have no authority, power or jurisdiction to
construe any provision of law, statute, ordinance, resolution, rule, regulation or provision of this
Agreement to result in, obligate or cause the City to have to bear any expense, debt, or cost of
liability which would result, directly or indirectly, in the City exceeding the amounts initially agreed
to by the City Council for the funding of this Agreement as agreed upon by the parties. Any such
award, which contravenes or is not in compliance with the provisions of this paragraph, shall be null
and void.
PEA Union Contract
September 28, 2004
16
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ARTICLE 6
DUES DEDUCTION
Upon receipt of a written authorization from an employee covered by this Agreement, the
City will deduct from the employee's pay each pay period the amount owed to the PEA for dues in
such amounts as are now or hereafter established by the association due to it as membership dues.
No authorization shall be allowed for collection of fines, penalties or special assessments. The City
shall remit monies collected to the Treasurer of the PEA monthly. The City remittance will be
deemed correct if the PEA does not give written notice to the City within thirty (30) calendar days of
a remittance of its belief that the remittance is incorrect. It shall be the responsibility of the PEA to
notify the City Manager or his designee in writing of any change in the amount of dues to be
deducted. The City shall have thirty (30) days from the receipt of such notice to implement the
change.
If there is an amount deducted in excess of what is authorized by this Agreement and
forwarded to the PEA, the employee affected shall seek recourse with the PEA and not the City. The
PEA will indemnify, defend, and hold the City hannless for all claims against the City on account of
payroll deduction of PEA dues.
An employee may revoke his authorization for deduction of dues provided the employee
gives thirty (30) days written notice to the City and the PEA. Upon receipt of such notification, the
City shall terminate dues on the pay period immediately following the expiration of the thirty (30)
day notice period.
PEA Union Contract
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September 28, 2004
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No deduction shall be made from the pay of an employee for any pay period in which the
employee's net earnings for that pay period are less than the amount of dues owed. Net earnings
shall mean earnings after the required deductions for federal taxes, social security, pensions, credit
unions, and health and life insurance.
PEA Union Contract
September 28, 2004
18
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ARTICLE 7
EMPLOYEE-MANAGEMENT COMMITTEE
There shall be an employee-management committee consisting of the City Manager and two
members of the Bargaining Unit. selected by the Bargaining Unit members. The employee-
management committee shall meet as needed on dates mutually agreeable to the participants. The
sole function of the committee shall be to discuss general matters pertaining to employee relations
and departmental operations. The committee shall not engage in collective bargaining or the
resolution of grievances. Employees attending committee meetings outside of normal working hours
shall not be compensated for the time spent in such meetings. However, if the meetings are held
during an employee's regular workday, the employees shall be allowed to attend without loss of pay.
The employee shall notify her Department Head of any meetings scheduled during the regular
workday.
PEA Union Contract
September 28, 2004
19
ARTICLE 8
PROBATIONARY PERSONNEL
All new and promoted employees shall serve a probationary period of six (6) months. During
the probationary period of promotional employees the terms and conditions of this agreement shall
apply. The probationary period may be extended no more than ninety (90) days upon mutual
consent between the Department Director. Personnel Director. or the City Manal?:er and the
employee. Upon satisfactory completion of the probationary period the employee shall be deemed a
regular employee, provided the City provides the employee with written notice of such
retention. New hires will be elil?:ible for the CPI adjustment but not elit!ible for the annual
increases nor will they be eli!!ible to use sick leave or floatinl?: holidays until they have been
deemed rel?:ular employees.
PEA Union Contract
September 28, 2004
20
ARTICLE 9
PEA REPRESENTATIVES
The PEA shall be represented by its President or his designee. It shall be the responsibility of
the PEA to notify the City Manager, in writing, of any change in the designation of the President or
his designee.
A. When negotiating sessions are held during the regular workday, the PEA employee
representative shall be permitted to attend without loss of pay.
B. The authorized PEA representative and the PEA employee representative shall be
permitted reasonable access for reasonable periods of time to department work locations to handle
specific grievances and matters of interpretation of the Agreement. The exercise of such access
rights shall not interfere with the functioning of the work place.
C. Doon request. +!he City will provide the PEA on an annual basis with a complete
roster of the bargaining unit including name, job classification and current pay rate.
D. The employee representative shall notify his Department Head of any negotiating
session held during the regular workday.
PEA Union Contract
September 28, 2004
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ARTICLE 10
PERSONNEL RECORDS
The City shall recognize only one official personnel file, which shall be maintained by the
personnel department in City Hall. Each employee covered by this Agreement shall have the right to
inspect his official personnel file, provided, however, that such inspection shall take place at a
reasonable time, under the supervision of the records custodian. The employee shall have the right,
at his own expense, to make duplicate copies of any item contained in his official personnel file.
Employees covered by this Agreement shall have the right to file a written response to any
document which is placed in the employee's official personnel file. Any such written response shall
be included in the employee's official personnel file and attached to the original document.
The City will require a written request from anyone but the employee or supervisor prior to
allowing review of an employee's official personnel file. The City will notify the employee when
such a request has been filed.
PEA Union Contract
September 28, 2004
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ARTICLE 11
TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION
In the event a Department Head determines that there is a need to temporarily fill a regularly
budgeted vacant position with an employee from a lower classification, with the approval of the
DCR, the Department Head may select an employee from a lower classification to temporarily fill
such budgeted position. If the employee selected for the temporary position is not selected for the
regular position, this employee shall be returned to the previous classification and pay rate.
An employee who is temporarily assigned to a position of higher classification for five (5)
working days or more, shall be compensated at a rate equivalent to the greater ofthe minimum salary
for that classification or five (5) percent above his current salary from the first day of assignment.
Temporary assignments shall not include requests from supervisors for temporary standby
assistance or assistance due to additional workload during vacation periods.
PEA Union Contract
September 28, 2004
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ARTICLE 12
PROMOTIONS
When a promotional vacancy exists and in the opinion of the City skill, ability and
qualifications are equal, the promotion shall be offered to the employee with the most seniority. The
probationary period shall be for six (6) months during which time the employee shall be entitled to a
continuation of existing benefits. The promotional probationary period may be extended no
more than ninety (90) days upon mutual consent between the Department Director, Personnel
Director, or City Mana~er and the Employee. Any employee promoted shall receive a salary
increase in accordance with Section 7.03 B. (1.e) of the City Personnel Policy and Procedures
Manual.
If an employee does not satisfactorily complete the probationary period, the City shall make every
reasonable effort to allow the employee to fill another vacant position for which the employee is
qualified. If there are no vacant positions at the time, the employee will be allowed to resign and
shall be given preference when a position does become vacant ifhe has the necessary qualifications
for that position.
PEA Union Contract
September 28, 2004
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ARTICLE 13
TRAINING
The City agrees to make a good faith effort to promote classroom and on-the-job training for
the purpose of improving the performance of employees, aiding employees to equip themselves for
advancement to higher positions and greater responsibilities, and improving the quality of service
rendered to the public. When the City requires an employee to attend training sessions, the City will
make every reasonable effort to schedule such training during the employee's normal working hours.
An employee will be compensated for training scheduled other than during normal working hours
pursuant to Article 21, Hours of Work and Overtime.
The City will continue its policy of paying for license renewal where a license is required for
employment with the City.
PEA Union Contract
September 28, 2004
25
ARTICLE 14
SENIORITY, LAYOFFS, AND RECALL
The City agrees that seniority shall consist of continuous accumulated paid service with the
City and shall be computed from the date of appointment emDlovment.
In the event a reduction in the work force is necessary, the City shall notify the PEA of such
reduction in writing. In the event ofthe need for a reduction in the work force, normal attrition shall
be used first, and then the following procedures shall be followed:
A. The City shall determine the areas and the positions within the departments in which
reductions will be made and the number of positions affected.
B. Employees shall be laid off in inverse order of seniority in their classification. An
employee affected by a layoff shall be entitled to "bump" into a lower classification if she is senior
to the employee in the lower classification.
C. Employees to be laid off shall be notified in writing as soon as possible after the
decision for layoffhas been made. The City shall give the laid off employees a minimum of fourteen
(14) calendar days notice of such layoff.
D. The City shall make every reasonable effort to permit any employee who would have
qualified for retirement or whose pension would have become vested within six (6) months from the
date of layoff to work that period of time necessary to acquire needed service for retirement or
vesting.
PEA Union Contract
September 28, 2004
26
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E. An employee laid off pursuant to this Article shall be given the opportunity to
continue insurance coverage pursuant to the requirements of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (hereinafter COBRA), and any subsequent amendments.
In the event a recall of employees occurs, the following procedures shall be followed:
A. The City shall determine the areas and positions within its departments in which
recalls will be made and the number of positions affected.
B. Employees shall be recalled in inverse order of layoff provided the employee has
qualifications to perform the job at the time of recall.
C. Employees shall be notified of their recall to work by registered letter mailed to the
address in their official personnel file and shall be given fourteen (14) calendar days from receipt of
the letter to return to work. A recalled employee shall notify the employer, in writing, within five (5)
working days upon receipt of the recall letter of the employee's intent to return to work.
D. Recall will be within the pay range for the classification to which the employee is
recalled.
E. Upon recall, all credit for salary fringe benefits and seniority shall be restored.
Implementation of this Article may be subject to arbitration, but the decision of the City to make a
reduction in the work force shall not be subject to either the grievance or arbitration procedure.
PEA Union Contract
September 28, 2004
27
ARTICLE 15
DISCIPLINARY ACTION/INVESTIGATION
No employee shall be discharged or disciplined without just cause.
In the event an employee is discharged, or disciplined, the City agrees that he the emplovee shall be
provided with written notification of the discharge, or discipline. This notification shall be hand
delivered to the employee no later than its effective date, or sent by registered mail to the employee
at the address in the employee's official personnel file. Upon request, any employee may obtain a
copy of any statement given to the City in connection with any contemplated disciplinary action.
Any employee under formal investigation shall have the right to be represented at fief their
own expense by counselor any other representative ofheF their choice who shall be present at all
times while the employee is being questioned relative to the alleged misconduct. Questions shall be
limited to the circumstances surrounding the allegations, which are the subject of the investigation.
All sessions shall be recorded and there shall be no unrecorded question or statement. During
questioning the employee shall not be subject to offensive language or threats of transfer, dismissal,
or other disciplinary action. The questioner does not have the right to make a promise of reward as
an inducement to answering questions.
Prior to making any public statement regarding an investigation, the City will telephonically give
the PEA notice of its intent to make such a statement.
In the cases where the City chooses to relieve an employee from duty pending an investigation or
other administrative determination, the following shall apply:
PEA Union Contract
September 28, 2004
28
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A. The employee may be suspended vlithout pay placed on paid administrative leave
for a maximum often (10) working days and shall be given written notification of the reason for the
suspenSIOn. Upon \\Titten request of the employee, the Department Director may permit an
employee to forfeit ','acation leave in lieu of a suspension without pay. Utilization of vacation leave
not yet accrued shall not be authorized.
B. At the end of the suspension period the employee shall either be reinstated,
terminated, or disciplined. If no disciplinary action is taken the employee will be reinstated with all
pay restored, including the period of suspension.
C. Should the disciplinary action include reimbursement to the City for damages or.time off
without pay, any period of suspension without pay pursuant to Paragraph A above shall be
considered in the same disciplinary action.
D. No suspension or demotion shall be effective until the employee has exhausted all appeals
or until the time frame for appeal has expired.
& D. In the event an appeal is successful for the employee, no documentation of said matter
shall remain in the employee's personnel file, except to the extent required bv the Public Records
Act (F.S. 119).
PEA Union Contract
September 28, 2004
29
ARTICLE 16
BULLETIN BOARDS
Where City bulletin boards are available, the City agrees to provide space on such bulletin
boards for PEA use. Where bulletin boards are not available, the City agrees to allow the PEA to
place bulletin boards in locations mutually acceptable to the City Manager and the PEA.
PEA Union Contract
September 28, 2004
30
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ARTICLE 17
VOTING
During a primary, general, or special election, an employee who is registered to vote and
whose hours of work do not allow sufficient time for voting shall be allowed necessary time offwith
pay for this purpose. Where the polls are open at least one (1) hour before or one (1) hour after the
employee's regularly scheduled work period, it shall be considered sufficient time for voting.
PEA Union Contract
September 28, 2004
31
ARTICLE 18
LEGAL BENEFITS
Upon determination by the City Council that an employee acted within the scope of
their employment. At the direction of the City Council, the City will undertake to defend employees
against any legal actions taken against them. as the result of their actions while acting,.in the scope of
their employment. The City is not obligated to defend employees acting in bad faith, with malicious
purpose, in a manner exhibiting wanton and willful disregard of human rights, safety, or property.-ef
,.:...here the legal interests of the employee conflict with the legal interests of the City. Also at the
direction of the City Council, The City Council agrees to indemnify, within the limitations of
Florida law, employees against judgments levied against them as a result of their actions while acting
in the scope of their employment, based on the conditions set forth above.
PEA Union Contract
September 28, 2004
32
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ARTICLE 19
CODE OF CONDUCT AND JOB CLASSIFICATION
There will be written job descriptions for all employee classifications covered by this
Agreement.
A code of conduct approved by the City Council is hereby incorporated by reference into this
Agreement. Any rule, regulation, standard operating procedure or policy in conflict with this
Agreement shall be void nat be auulicable to members of this bare:ainine: unit. Prior to
implementing any change in rules, regulations or standard operating procedures or policies, the PEA
shall be provided with a copy of the proposed change and given an opportunity to provide written
comments. Any written comments submitted by the PEA within ten (10) working days of receipt
shall be considered by the City.
PEA Union Contract
33
September 28, 2004
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ARTICLE 20
LEAVE OF ABSENCE
The Department Head may grant any employee a leave of absence v/ith or without pay for a
period not to exceed thirty (30) working days. Leaves of absence \vith or v/ithout pay for a period in
excess of thirty (30) days shall be approved by the DCR. Only employees v/ith a sufficient amount
of accrued time shall be eligible for a leave of absence with pay. Any approved leave of absence
shall automatically be terminated when the employee obtains full time employment elsewhere.
For this purposes of this .^.rtic1e, the taldng of a day off without pay shall not constitute a
lea'/e of absence without pay until an employee has accumulated fi'le (5) days off ',vithout pay 'lIithin
any twelve (12) month period.
Holidays, sick leave, vacation leave, and any other benefit based on time spent in the employ
of the City shall not accrue during a leave of absence. without pay. Any salary increases for which
the employee would have become eligible based in whole, or in part, on length of service with the
City shall not be credited during any period of leave of absence '..vithout pay. A leave of absence may
only be granted after the employee has exhausted all of his sick, vacation and personal time accrued.
During a leave of absence without pay an employee shall be given the opportunity to continue
existing insurance coverage pursuant to COBRA and any amendments thereto.
Military Leave: Any employee who is a member of the National Guard or an organized
military or naval reserve unit of the United States will be allowed a maximum of twenty (20)
working days leave of absence with pay in anyone annual period when the employee is engaged in
PEA Union Contract
34
September 28, 2004
training ordered under the provisions of the United States military or naval training regulations:.
During such period of leave with pay, the employee's benefits shall continue uninterrupted in the
same manner as if he were on active duty with the City. Administrative or voluntary leaves of
absence for additional or longer periods of time for assignment to duty functions of a military
character shall be without pay unless the employee has a sufficient amount of accrued time and shall
be granted by the City and when so granted shall be without loss of time or efficiency rating.
Familv and Medical Leave: Pursuant to the Family and Medical Leave Act of 1993, upon
request, employees with at least twelve (12) months of service who have worked an average of more
than twenty-four (24) hours per week over the preceding twelve (12) months (1,250 hours), will be
granted family medical leave without pay of absence for up to a maximum of twelve (12) weeks in
any twelve (12) month period for childbirth, adoption of a child, or a serious health condition of the
employee or her immediate family member (spouse, parent, child). Employees '.vith a sufficient
amOlmt of accrued time shall be eligible for a leave of absence with pay. The City will determine the
amount of leave available for an eligible employee by using a "rolling" twelve (12) month period
measured backward from the date an employee uses any such leave. The procedure to be followed in
requesting family and medical leave and any additional requirements shall be as set forth in the
City's Personnel Policy and Procedures Manual, and as that document may from time to time be
amended.
PEA Union Contract
September 28, 2004
35
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ARTICLE 21
HOURS OF WORK AND OVERTIME
The following provisions shall govern hours of work and overtime:
A. Forty (40) hours shall constitute a normal workweek for an employee covered by this
Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour week unless
the employee actually works forty (40) hours or his actual hours worked and his authorized
compensated leave total forty (40) hours.
B. Employees shall be compensated at the rate of time and one-half the employee's
regular rate of payor compensatory time off at a rate of one and one half hours for each hour worked
in excess of forty (40) during a week, as determined upon agreement between the employee and
Department Head prior to the hours being worked. The Refuse Task Force personnel shall be
compensated at the rate oftime and one half their regular rate of pay for each hour wor~ed in excess
of eight (8) during anyone day. Sick leave shall not be considered hours worked. ..'\n employee
who '.vorIes tv;o eomplete back to back shifts will be compensated for a total of sixteen (16) hours.
The rate of pay shall be determined based upon the total hours 'Norked during the effected \veek.
C. If any employee covered by this Agreement is called back to work outside his
scheduled working hours, he shall receive a minimum of two (2) hours pay at the rate of time and
one-half his regular rate of pay. The two (2) hour minimum shall not apply to work scheduled
outside of regular working hours for which the employee has advance notice, but is intended to
compensate employees who are unexpectedly called back to work. Employees who are scheduled to
PEA Union Contract
September 28, 2004
36
work outside of regular working hours for which the employee has advance notice shall receive a
minimum of one (1) hour pay at the appropriate rate, either 1) at the regular rate of pay, if such time
is included within the regular work week, or 2) at time and one-half if such time constitutes
overtime.
D. No City official shall take action to cause the non-payment oftime and one-half when
the employee has performed work, which entitles him to such payment.
E. Employees shall be given forty-eight (48) hours notice of any change in their regular
hours of work. Except in case of emergency situations, the City will avoid scheduling an employee
to work on continuous shifts. If an employee is not notified prior to forty-eight (48) hours of a shift
change, except in emergencies, they shall receive one and one-halftimes the straight time hourly rate
for the first eight (8) hours of the new shift. An employee who works two complete back-to-back
shifts will be compensated for a total of sixteen (16) hours. The rate ofpav shall be determined
based upon the total hours worked durine the effected week
F. All employees will be entitled to a total of one (1) hour for meal and rest breaks
meal break and two fifteen (15) mioote rest breaks (morning and afternoon) during each eight (8)
hour s of the new shift.
G. Any employee who, in the exercise of his official duties, is subpoenaed to appear
before any person or agency on his regular day off shall receive a minimum of three (3) hours pay at
the rate of time and one-half his regular rate. Any witness fees, etc. paid to said employee shall be
the property of the City.
PEA Union Contract
September 28, 2004
37
H. If, in the discretion of the City Council and/or the DCR, it is determined that civil
emergency conditions exist, including riots, civil disorders, hurricane conditions or what is judged to
be a public danger or emergency, the provisions of this Agreement may be suspended by the DCR
during the time of declared emergency, provided, however; that the wage rates and monetary fringe
benefits shall not be suspended, and the right ofthe PEA to grieve the suspension of the Agreement
shall not be limited to wage rates and fringe benefits only.
1. Employees put on restrictive on-call pa!!:er will be paid three hours pay weeklv at the
rate of time and one half (11\2) times their ree:ular rate of pay if they have worked sufficient
hours durin!!: the week to be entitled to overtime payment for that week. or the hours worked
plus authorized compensated leave totaled forty (40) hours for that week. If employees placed
on restrictive on-call pa!!:er do not have a weekly total of forty (40) hours based on hours
worked plus authorized compensated leave. they will only receive overtime pay for that period
of time where the total of their weekly hours worked plus authorized compensated leave plus
three hours on-call pay exceeds forty (40) hours.
PEA Union Contract
September 28, 2004
38
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ARTICLE 22
HOLIDAYS .\ND PERSONAL DAYS
The City will recognize the following as paid holidays:
New Years
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas E'/O
Christmas Day
A. If a holiday falls on a Saturday, the holiday will be observed on the Friday before the
holiday. If the holiday falls on a Sunday, the holiday will be observed on the Monday following the
holiday.
B. For tho~e employees working rotating shifts, if the actual holiday falls on an
employee's off duty day, he shall receive an additional day's compensation paid at his regular rate of
pay.
C. For those employees working rotating shifts, if the actual holiday falls on an
employee's on duty day, he shall be compensated at the rate oftime and one halfhis regular rate of
pay for all hours worked on the holiday in addition to his holiday pay.
D. Holiday pay shall not be withheld for any reason other than being waived by the
employee with the concurrence of the Department Head. In lieu of holiday pay, the employee shall
PEA Union Contract
39
September 28, 2004
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PEA Union Contract
September 28, 2004
40
ARTICLE 23
SICK LEAVE
Sick leave benefits shall not be considered as a riS!:ht to be used at an emplovee's
discretion. Sick leave is a benefit S!:ranted bv the City to provide employees with reasonable
time off durinS!: periods of personal or family illness without loss of Day.
A. Sick leave will be earned at the rate of eight (8) hours for each month of service. No
employee is entitled shall be entitled to use sick leave until they have been deemed
a reS!:ular em plovee. These hours shall accumulate up to a maximum of three hundred
and tv/enty (320) five hundred (500) hours. After accumulating the three hundred and
twenty (320) hours maximum sick leave, an employee shall receive as additional pay the
hours in excess ofthrae hundred and twenty (320) up to an additional eight (8) hours
for each month thereafter that he does not use any sick leave. If, howe'v'er, the
employee uses any sick leave after accumulating the three hundred and twenty (320)
hours maximum sick leRye, the employee must restore his accumulated sick leave to the
maximum again before he shall be eligible for any additional pay. In order for an
emplovee to sell back sick leave. they must maintain one hundred sixty (160)
hours accumulated sick leave.
a. An employee with a minimum of ten (10) years of service with the City who
has accumulated more than one hundred sixty (160) hours of sick leave may
PEA Union Contract
September 28, 2004
42
eXChaDl!e UP to ninety-six (96) hours each year at a rate of one (1) hour sick
leave for one (1) hour of pay.
b. An employee with less than ten (10) years of service with the City who has
accumulated more than 320 hours can exchanS!:e UP to ninety-six hours each
year at a rate of two (2) hours sick leaye for one (1) hour of pay.
c. An employee with less than ten (10) years of service with the City who has
accumulated between 160 and 320 hours can exchanS!:e UP to ninety-six hours
each year at a rate of three (3) hours sick leave for one (1) hour of pay.
B. The employee exchanS!:inS!: sick leave for pay must submit the appropriate form to
the Department Director no later than June 1 of each fiscal year. Failure to
submit this form prior to JUfii.:::j will result in an employee's accrued sick leave
beinS!: "banked" for future use of pay-ofT as provided herein. Any sick leave taken
after the minS!: of such form shall first be deducted from accrued sick leave "in the
bank" and. secondly. from those days for which payment is souS!:ht but not yet
paid. The payments made hereunder shall be issued by the City on or about the
first Thursday of December.
C. Upon termination of employment, except for the commission of a criminal act as
determined by the DCR, an employee with a minimum offive (5) years service with the City who
resiS!:ns in S!:ood standinS!:. retires under the provisions of the City's pension plan. or in the event
PEA Union Contract
September 28, 2004
43
it upon completion to the Department Director no later than June 1 for payment in the
forthcomine: fiscal year. Payment will not be allowed if the employee fails to submit this form
prior to June 1. The amount of compensation shall be determined by using the employee's hourly
rate at the time the vacation leave is cashed in.
D. Upon termination of employment, except for the commission of a criminal act as
determined by the DCR, an employee will be paid for any unused portion of accrued vacation leave.
The payment shall be determined by using the rate of pay received by the employee at the time of
termination.
E. Vacations must be scheduled with the approval of the Department Head. Seniority
shall be considered by the Department Head in the scheduling of vacations.
PEA Union Contract
September 28, 2004
45
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ARTICLE 25
BEREAVEMENT LEAVE
A. When a death occurs in the immediate family of an employee, that employee shall be
granted up to three (3) days bereavement leave without loss of pay. Additional time may be taken by
the employee as vacation leave, personal days, sick leave, a leave of absence without payor a day off
without pay.
B. Immediate family shall mean: spouse, co-habitant, parents, grandparents, children,
grandchildren, brothers, sisters, stepchildren and stepparents of either the employee or spouse. If the
employee was raised by someone other than one of the above named, he may request the leave in the
event of the death of that individual.
C. The City has the right to request a verification of the death.
PEA Union Contract
September 28, 2004
46
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ARTICLE 27
INSURANCE
The City agrees to furnish Bargaining Unit members a medical, health and dental group
insurance plan. Employees shall be entitled to choose behveen an H.M.O. and the standard coverage
as it currently exists. For employees hired prior to October 1. 2004. the City agrees to pay the
entire amount ofthe health insurance premium for the Bargaining Unit member and fifty percent
(50%) ofthe health insurance premium for their dependents. Employees hired after October 1.
2004 will have the opportunity to purchase dependent health insurance coverae:e. The City
ae:rees to pay 50% of all dental coverae:e.
The City shall provide life insurance for all employees covered by this Agreement in an
amount equivalent to one (1) year's base salary rounded up to the next thousand dollars; however no
employee's life insurance coverage shall be less than fifteen thousand ($15,000.00) dollars.
PEA Union Contract
September 28, 2004
49
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ARTICLE 28
INJURIES
Duty Related Iniurv
An employee who is temporarily disabled in the line of duty shall receive full pay and
benefits for the period of the disability, subject, however, to compliance with all of the following
conditions:
A. The disability must have resulted from an injury or an illness directly related or
sustained in the performance of the employee's work. The City's determination as to whether the
disability is work related shall be governed by the provisions of Chapter 440, Florida Statutes.
B. The DCR, in his discretion, may utilize the services of a physician to determine
whether any employee claiming disability is physically and/or mentally able to continue working or
to return to work.
C. The injured employee will remain at full pay status.not to exceed ninety (90) working
days. If, as a direct result of the continuation of the disability involved, the employee is unable to
return to work at the end of the ninety (90) working day period, the employee may petition the DCR
requesting that he be carried in full pay status beyond the ninety (90) working day period. If the
DCR decides not to permit the employee to continue in full pay status beyond the ninety (90)
working day period, the employee shall revert to normal Worker's Compensation Benefits.
D. The City agrees that any employee injured on the job or who suffers a job related
illness shall be paid for a full day ifhis treating physician advises that he cannot or should not return
to work.
PEA Union Contract
September 28, 2004
50
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ARTICLE 29
PER-DIEM
Employees directed and authorized to use their private automobile for City business shall be
compensated at the rate authorized by law.
PEA Union Contract
September 28, 2004
53
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ARTICLE 30
EDUCATION
The City agrees to make a good faith effort to promote on-the-job training for the purpose of
improving the performance of employees, improving the quality of service rendered to the public,
aiding employees to equip themselves for greater responsibilities and advancement to higher positions
when available.
A. The City shall assume financial responsibility for tuition, books and transportation for a
course required as a condition of continued employment. If the employee does not satisfactorily
complete the course, he may re-enroll at his expense, and take such course on his own time. Then if
the employee does not satisfactorily complete the course, he may be terminated from the position. If
an employee requests to take an enrichment course, upon prior approval by the Department Head and
the City Manager for enrollment, the employee will receive reimbursement for 50% ofthe tuition. If
it is recommended that an employee take an enrichment course, upon prior approval by the
Department Head and the City Manager for enrollment, the employee will receive reimbursement for
75% of the tuition. All reimbursements will be subject to satisfactory completion of courses. and-if
the employee remains in the City's employment. If an employee remains in the City's employment
for two (2) years after successful completion of the course. they will not be oblhmted to
reimburse any of the course expense. Iliiiaviijjlliullil~litjiiiiBlial;jillulti:iiiiEiieiHtr6i
lalli::iibMijii:::if:th]~~:ijiiYi:::tfii::imbiij.:ibi::ti.ittiiilimililiiifdllllii
Less than 6 months after successful completion of course = 100%
6 - 12 months after successful completion of course = 75%
PEA Union Contract
September 28, 2004
54
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12 - 18 months after successful comoletion of course
18 - 24 months after successful comoletion of course
= 50%
= 25%
B. Employees will notify the Department Head through proper channels of a desire to attend
such courses. The Department Head, in turn, may arrange scheduling of shifts so as to allow an
employee to attend.
C. Attendance shall be determined by the Department Head after considering the needs of the
department and the seniority of emp~oyees.
D. Any employee covered hereunder may be given educational leave for the purpose of
taking courses or attending conferences and/or seminars directly related to the employee's work as
determined and approved by the Departme~t Head and the DCR. An employee granted educational
leave with full pay shall be entitled to receive all City benefits in the same manner as if he were on
active duty during the period of the leave, excluding overtime provisions. Entitlement to benefits for
employees on partially compensated or uncompensated educational leave shall be determined by the
Department Head and the DCR.
PEA Union Contract
September 28, 2004
55
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ARTICLE 31
PENSION PLAN
The City agrees to continue the presen(Defined Benefit.Pension Plan with all contributions
to it paid by the City for all employees vested in the plan as of September 30, 1996, except the
employee's contributions as required by the plan. Any changes or additions to the present plan
agreed to by the General Employee's Pension Board and the City Council shall be implemented. The
PEA Representative shall serve as the employee member on the General Employee's Pension Board.
In lieu of the, Defined Benefit Plan, for all employees hired effective October 1, 1996, or
thereafter, on behalf of the employee, the City shall contribute twelve (12) percent of all
compensation earned during employment with the City to a 401(a) Defined Contribution Money
Purchase Plan. The account shall not be established until the first day of the month following
completion of ninety (90) days of employment with the City, but shall include a contribution of
twelve (12) percent of all compensation earned since the effective date of employment with the City.
The PEA Emplovee-Manaeement Committee will develop a proposal to provide each retiree
with a medical stipend and present said proposal for consideration to the City Council no later
than October 2005.
PEA Union Contract
September 28, 2004
55
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ARTICLE 32
WAGES
For fiscal years, 2001 20012005 - 2007. all elhdble the employees shall receive an increase
in their hourly rate of pay equal to the annual Urban Consumer Price Index as established in
April. not less than 2.3%. plus .s% 2% annual ifilrll to their individual hourly rates, effective
the first full pay week in the month of October. All employees will be eli2ible for the CPI
increase. but not elhdble for the annual increase until they have been deemed a reswlar
employee.
A~Jlual employee appraisals shall be prepared on each employee's individual an.'1iversary date.
PEA Union Contract
57
September 28, 2004
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ARTICLE 33
ALCOHOL AND DRUG POLICY
A. The City and the PEA recognize that drug and alcohol abuse is a growing problem
within our nation's work force. The parties also recognize the tremendous cost, both in terms of
efficiency and in human suffering, which drug and alcohol abuse may cause. Substance and alcohol
abuse by employees of the City may have an adverse impact on City government, operations, and the
health, welfare, and safety of City employees and the general public. Acknowledging the necessity
for action, the following alcohol and drug testing policy is hereby initiated for all employees.
B. The City prohibits all employees from:
1. Selling any drug, including alcohol or prescription drugs, whether on or off-
duty, unless the employee is legally entitled to sell the substances in question.
2. Possessing any alcoholic beverage or illegal drug while on-duty or on City
property at any time.
3. Using any controlled substance not prescribed for the employee by a
physician or alcoholic beverage, which may adversely affect job performance.
This may include both use while on-duty and use while off-duty, which can
adversely affect on-duty performance.
4 Reporting to work with the presence of illegal drugs or alcoholic beverages in the
body system, which is equal to or exceeds the cutoff detection levels established
pursuant to Chapter 440, Florida Statutes.
PEA Union Contract
September 28, 2004
57
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C. The City Manager and the employee's Department Head. in accordance with the
Drue: Free Workplace Policv. shall have the authority to require employees to submit to testing
designed to detect the presence of any controlled substance, narcotic drug, or alcohol. When an
employee is required to submit to testing it shall be limited to those circumstances which indicate
that reasonable cause exists that the employee is under the influence of such substances, suffers from
substance or alcohol abuse, or is in violation of the City of Edgewater personnel rules regarding the
use or possession of such substances.
D. In the event the City requests that an employee submit to testing and the employee
chooses not to submit to such tests, this refusal shall be grounds for appropriate disciplinary action.
E. An employee who must use a prescription drug which the employee has been advised
will or which the employee may reasonably expect to cause adverse side effects such as drowsiness,
impaired reflexes, or reaction time shall inform his Department Head that he is taking such
medication on the advice O~!l physician and of the possible side effects of the drug and expected
duration of use.
F. In the event the City requests that an employee submit to drug or alcohol tests, the
cost of such test shall be paid by the City.
G. Direet inyolvemem in an accident by an employee vihile on d11ty may ~be
oonsidered reasonable eause, in the discretion of the employee's Department Head, to require the
employee to take drug or aleohol tests.
HoG. Employees required to take regularly scheduled physical examinations may have
included as part of the examination a test for alcohol or drugs.
PEA Union Contract
September 28, 2004
58
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:hH. Employees with job performance or attendance problems shall bear the primary
responsibility to seek diagnostic and appropriate treatment for such problems. In the event an
employee seeks assistance and treatment for an alcohol or drug-related problem, the following shall
apply. An employee may be granted a one-time leave of absence without pay, not to exceed sixty
(60) days to undergo treatment for alcohol or substance abuse pursuant to an approved treatment
program. No employee benefits shall accrue during this period. The request must be voluntarily
made in writing prior to the institution of disciplinary measures for alcohol or substance abuse~
~I. The result of any drug or alcohol test shall be considered a medical report and shall be
deemed confidential pursuant to Florida law.
K.J. Decisions of an arbitrator under this Article shall be limited to a determination of
whether there existed reasonable cause to activate the provisions of this Article. If this issue is
determined in the employee's favor, he shall be reinstated.
L.K. The circumstances constituting reasonable cause shall be set forth in writing and
signed by the person initiating the allegation before the provisions of this Article shall apply.
PEA Union Contract
September 28, 2004
59
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ARTICLE 34
SEVERABILITY CLAUSE
Should any provision of this collective bargaining agreement or any part thereof be rendered
or declared invalid by reason of any existing or subsequently enacted state or federal legislation or by
a decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this Agreement. The parties agree that they shall
meet within thirty (30) days of the date when the contract provision was determined to be invalid, in
order to negotiate a replacement provision.
PEA Union Contract
September 28, 2004
60
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ARTICLE 35
SAVINGS CLAUSE
The Agreement will not deprive any employee of any benefits or protection granted by the
laws of the State of Florida, the ordinances of the City of Edgewater, or the personnel rules and
regulations of Edgewater.
PEA Union Contract
61
September 28, 2004
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ARTICLE 36
ENTIRE AGREEMENT
The parties acknowledge that during the negotiations which resulted in this Agreement, each
had the unlimited right and opportunity to make proposals with respect to any subject or matter not
removed by law from the area of collective bargaining, and that the understandings and agreements
arrived at by the parties after the exercise of that right and opportunity are set forth in this
Agreement. This Agreement embodies the whole understanding of the parties. There are no
promises, terms, conditions or obligations other than those contained herein, and this Agreement
shall supersede all previous communications, representations, or agreements, either verbal or written
between the parties hereto.
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PEA Union Contract
62
September 28, 2004
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ARTICLE 37
NOTICES
All notices or other communications required or permitted under this Agreement shall be in
writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt
requested, and addressed as follows:
If to City:
City Manager
City of Edgewater
P. O. Box 100
Edgewater, FL 32132-0100
If to PEA:
President
V olusia County Coastal Florida Public
Employees Association, Inc.
1660 Tomoka Farms Road
Daytona Beach Port Orane:e, FL 3212132128
PEA Union Contract
September 28, 2004
With a Copy to:
City Attorney
City of Edgewater
P. O. Box 100
Edgewater, FL 32132-0100
With a Copy to:
PEA Employee Representative
c/o City of Edgewater
P. O. Box 100
Edgewater, FL 32132-0100
63
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ARTICLE 38
DURATION OF AGREEMENT
This Agreement shall be effective from October 1, ~ 2004 through September 30, WQ4
2007.
Upon mutual consent anytime during the term of this Agreement, the parties may agree to reconsider
any provisions in this Agreement. Such consent shall not be unreasonably withheld by either party.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
below.
WITNESS:
COASTAL FLORIDA PUBLIC
EMPLOYEES ASSOCIATION
By:
Patrick Lee McGuire, Jr.
Executive Director
Dated:
ATTEST:
CITY COUNCIL OF THE CITY
OF EDGEW A TER, FLORIDA
By:
Donald Schmidt
MaY9r
Dated:
APPROVED FOR FORM AND CORRECTNESS
Robin Matusick, Legal AssistantJPara Lef!al
PEA Union Contract
64
Septernber28,2004
@ffJ!Jfil
The City of Edgewater Planning Department staff will be presenting several proposed
amendments of the Land Development Code to the City Council in the near future and
would appreciate citizen input.
An on-line survey will be conducted for feedback on proposed changes affecting
regulations pertaining, but not limited, to:
.
inoperable, abandoned, and/or wrecked vehicles;
watercraft, watercraft trailers, motor homes, trailers, RV's and
campers;
canopies/temporary carports.
.
.
All interested parties are highly encouraged to log on to www.citvofedgewater.org to
participate in the survey and have their opinions heard.
For those without internet access, survey forms may be obtained from City Hall at 104 N.
Riverside Dr.
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TENTATIVE AGENDA ITEMS
OCT 18
1) 2nd Reading, Ord. No. 2004-0-31, Annexation 5,601 acres, Snowden, n of 442 / e & w of 1-95
2) 1st Reading, Ord. No. 2004-0-32, Comp Plan Amend, Massey/Macaulay, 185.02 acres - Mixed Use
3) pt Reading, Ord. No. 2004-0-33, Rezoning, Massey/Macaulay,185.02 acres to RPUD
4) 1st Reading, Ord. No. 2004-0-34, Annexation, Hospital site, 60 acres
5) 1 st Reading, Ord. No. 2004-0-35, Comp Plan Amend, Hospital Site - Public/Semi-Public
6) 1 st Reading, Comp Plan Text Amendment
7) 1 st Reading, Ord. No. 2004-0-36, Comp Plan Amend, Page, west 442
8) 1st Reading, Ord. No. 2004-0-37, Annexation, Halstead, 2.2 acres @ 2203 S. Ridgewood
9) Final Plat, Coral Trace
10) General Employees Pension Board Appointments - 3 by CM, 1 PEA, 1 SPEA
11) Regions Bank Purchase and Sale Agreement
NOVl
1) 2nd Reading, Ord. No. 2004-0-34, Annexation, Hospital site, 60 acres
2) 2nd Reading, Ord. No. 2004-0-37, Annexation, Halstead, 2.2 acres @ 2203 S. Ridgewood
3) 1st Reading, Ord. No. 2004-0-38, Annexation, Kayat, south US
4) pt Reading, Ord. No. 2004-0-39, Annexation, Ft Macaulay/Hickey, south USl
5) 1st Reading, Ord. No. 2004-0-40, Annexation, Hickey only (co~ercial piece)
6) pt Reading, Ord. No. 2004-0-41, Annexation, Hickey only (residential piece)
7) 1 st Reading, Ord. No. 2004-0-42, Annexation, Ft Macaulay/JC Carder, south US 1
8) 1 st Reading, Ord. No. 2004-0-43, Annexation, Sfera, south US 1
9) 1 st Reading, Ord. No. 2004-0-44, Annexation, Herman, south US 1
10) 1 st Reading, Ord. No. 2004-0-45, Annexation, Jalbert Cow Creek
11) Contract for Highway Maintenance for US 1 & SR442
NOV 15
1) 2nd Reading, Ord. No. 2004-0-38, Annexation, Kayat, south USl
2) 2nd Reading, Ord. No. 2004-0-39, Annexation, Ft Macaulay/Hickey, south US 1
3) 2nd Reading, Ord. No. 2004-0-40, Annexation, Hickey only (commercial piece)
4) 2nd Reading, Ord. No. 2004-0-41, Annexation, Hickey only (residential piece)
5) 2nd Reading, Ord. No. 2004-0-42, Annexation, Ft Macaulay/JC Carder, south USl
6) 2nd Reading, Ord. No. 2004-0-43, Annexation, Sfera, south US 1
7) 2nd Reading, Ord. No. 2004-0-44, Annexation, Herman, south US 1
8) 2nd Reading, Ord. No. 2004-0-45, Annexation, Jalbert, Cow Creek
DEC6
1) Text Amendment - LDC Changes (T A-040 1)
2) Carson (AB-040 1) - abandonment of 6' planting strip - Alamanda
DEC 20
The following are waiting on comments from DCA:
1) 2nd Reading, Ord. No. 2004-0-22, Annexation, 173.47=t acres, Massey/Forte Macaulay (1 st 9/27, 6B)
2) 2nd Reading, Ord. No. 2004-0-32, Comp Plan Amend, Massey/Macaulay, 185.02 acres, Mixed Use(10/18
3) 2nd Reading, Ord. No. 2004-0-33, Rezoning, Massey/Macaulay, 185.02 acres to RPUD (10/18)
4) 2nd Reading, Ord. No. 2004-0-35, Comp Plan Amend, Hospital Site, Public/Semi-Public(10/18)
5) 2nd Reading, Comp Plan Text Amendment (10/18)
6) 2nd Reading, Ord. No. 2004-0-36, Comp Plan Amend, Page, west 442 (10/18)
Rev. 9/29/04
I:\liz _ docs\outlines\aitems I 01804
10/01/2004 01:29 4231097
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Monday, October 04, 2004
Jack Corder
City of Edgewater
P.O. Box 100
Edgewater, FL
Via Fax Mail: 424:-:2416
RE: SAND
Thank you for considering sef/ing the sand located at the industrial
park area. I feel this can be used to help in stabilizing the ocean
front structures in danger of collapsing and in the restoration of the
dunes.
I propose to pay $8.00 per cubic yard @ current site.
434 DeSoto Dr., New Smyrna Beach, FL 32169 (386)423-1000 FAX(386)423-1097
e-mail cantinori@ctlrr.com