12/04/2008City Council Agenda
Location: Council Chambers - City Hall
Date: 12/4/2008- 6:00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1 Turkey Trot Presentation - Kevin Dunbar, Parks and Recreation Director
LB Attachments
5. Approval of Minutes
5.1 Approve the minutes of the November 18, 2008 City Council Meeting as submitted in written summation
by the City Clerk.
1B Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7.Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1 Authorize the funding of the Royalty Theater and Lokey building property purchases in the amount of
$2.4 million from available Penny for Pinellas reserves, rather than from Special Development Fund
reserves as previously approved.
1B Attachments
7.2 Approve the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue that lies along
the West property lines of Lot 1 and Lots 9 through 26 inclusive, Block "J", Belmont Second Addition,
(a.k.a. 801 Howard Street), subject to the retention of a drainage and utility easement over the full width
of the street right-of-way to be vacated and approve Ordinance Number 8015-08 on first reading,
(VAC2008-02 Eggers-City of Clearwater),
IB Attachments
7.3 Continue Public Hearing and First Reading of Ordinance 7999-08 regarding downtown parking to
December 18, 2008.
1B Attachments
7.4 Continue amended and restated Development Agreement for property located at 100 Coronado, between
K and P Clearwater Estate, LLC (the property owner) and the City of Clearwater (Case No. DVA2008-
00001)to December 18, 2008.
ID Attachments
8. Second Readings - Public Hearing
8.1 Continue Public Hearing and 2nd Reading of Ordinance 7999-08, regarding downtown parking, to
January 15, 2009.
LB Attachments
8.2 Continue Public Hearing and 2nd Reading of Ordinance 8015-08 to December 18, 2008, regarding
VAC2008-02 Eggers.
10 Attachments
City Manager Reports
9. Consent Agenda
9.1 Approve legal services agreements between Banker Lopez Gassler PA and The Law Office of Tim
Jesaitis, PA, and the City of Clearwater for legal services relating to workers' compensation claims,
authorize the appropriate officils to execute same and authorize payments to said firms in an amount not
to exceed $215,000 for the period, January 1, 2009 to December 31, 2011. (consent)
1B Attachments
9.2 Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA
Local 3179 for Fiscal Years 2008/09, 2009/10, and 2010/11. (consent)
1B Attnchmentc
9.3 Approve proposals for the Nagano Exchange High School Student Scholarship. (consent)
12 Attachments
9.4 Approve Standard Agreement Form to be used with the various Senior Adult Co-Sponsor Groups and the
City of Clearwater and authorize the City Manager and/or his designee to approve such agreements.
(consent)
1B Attachments
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 City Manager Verbal Reports
LLB Attachments
11. Other Council Action
11.1 Other Council Action
Attachments
12. Adjourn
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Turkey Trot Presentation - Kevin Dunbar, Parks and Recreation Director
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: 12/4/2008
Cover Memo
Item # 1
' l City Council Agenda
Council Chambers - City Hall
Meeting Date: 12/4/2008
SUBJECT / RECOMMENDATION:
Approve the minutes of the November 18, 2008 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 2
Attachment number 1
Page 1 of 15
4.5. We Care Fund - Jim Geary
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 18, 2008
Unapproved
Present:
Frank Hibbard
George N. Cretekos
John Doran
Carlen Petersen
Paul Gibson
William B. Horne II
Jill S. Silverboard
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Rosemarie Call
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
City Manager
Assistant City
Assistant City N
City Attorney
City Clerk
Management A
The Mayor called the meeting to order at 6:00 p.m
offered by Reverend Doctor John R. Thompson of Co
the Pledge of Allegiance.
To provide continuity for research,
discussed in that order.
ns & Disastels
, reviewed his
Le space to sto
Officer for the
apter and said the
cy supplies for 2009.
lahan Spencer and Joanie Sigal of the Jazz
:r autographed by art show participants.
presented and staff and other partners thanked.
of the Citizens Academy were recognized and congratulated.
Residents were encouraged to donate to the fund, which is used to assist paying utility
bills for people experiencing temporary financial difficulties.
Council 2008-11-18
Item # 2
Attachment number 1
Page 2 of 15
4.6. State of the City Presentation - City Manager
City Manager Bill Horne reviewed efforts to achieve vision statement priorities.
5 -Approval of Minutes
summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of
Council Meeting as recorded and submitted in written summation L
Councilmember. The motion was duly seconded and carried una
6 - Citizens to be Heard re Items Not on the Agenda
Pamela Anderson Wright invited all to the annual Winter Wondf?rla ing
December 5, 2008, and encouraged attendees to donate t non-perisha
benefiting local charities.
Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
Belmont Second Addition Howard Street ct to th
utiii r the full e street riaht-o to be v
if III
first rea C2008-02 Eg ater)
The applica ing the n in order to eli Wheherwise applicable
setback requirement reet rig y to permit the future construction of a single family
home on Lots 1 and 2 0 lock "J," t Second Addition. The City of Clearwater has
joined in this request to v e remai his unimproved street from the south property
line of Lot 1 to the northerl of-way lin Ileair Road. Two improved streets, Scranton
venue to the east and My enue to the est are located nearby; accordingly no future
d for this street as a roa is anticipated.
Is erizon, Bright H nology and Progress Energy have no objections to the vacation
It w equested that Item 7.1 be continued as the Pinellas Mobility Initiative is currently
developing plans for a possible freight or commuter rail, which may require this right-of-way.
The City of C r maintains stormwater facilities within the subject street portion
r utilitie ent at this time. The Engineering Department has no objections to
e ided that a drainage and utility easement is retained over the full width
ay to be vacated.
Councilmember Doran moved to continue Item 7.1 to December 4, 2008.
The motion was duly seconded and carried unanimously.
Council 2008-11-18 2
Item # 2
Attachment number 1
Page 3 of 15
7.2. Continue 1 st reading and public hearing of Ordinance 7999-08, Downtown Parking, to
December 4, 2008.
Councilmember Cretekos moved to continue Item 7.2 to December 4, 2008. The motion
was duly seconded and carried unanimously.
Clearwater (Case No. DVA2008-00001) and adoat Resolution 08-14.
The 2.75 acres is located directly south of Pier 60 between
Gulfview Boulevard, north of Second Street. The subject property
as a temporary City public parking lot. On October 19, 2004, the C
Board (CDB) approved a Flexible Development application for the co
hotel with associated amenities and 75 attached dwellings as a mixes
(FLD2004-02013). The City Council approved a companion Develol
February 17, 2005 (Case DVA2004-00001). These development apr
following: 1) Use of 250 hotel rooms from the Beach by De ensi
building height of 150 feet; 3) Vacation of a portion of
between Coronado Drive and proposed Second St
way between Coronado Drive and Gulfview Boul ) Dedic
proposed Second Street between Coronado AN and Gulfvi
of right-of-way for Coronado Drive between pr d Second
On May 17, 2005, the CDB
prior project to modify the loc
Boulevard FLD2004-02013
uction a
0t0. ment Agr
wn as treet on
On Octo 008, th
Development applicat e cons
room hotel and 200-ro0
hare)
F d a Pxible
elevated pede
rch 16, 2006,
DVA2004-000
ming of the de
tructed), as w
approved with
of a 450-roo
-05013).
do Drive
ntly va4
Ira 350-04
opment
:ment on
Lized the
/pool; mum
for Gulfv levard
the First ht-o1
right-of-w
ard; and 6 1
Ifview Bo
ment a amending the
;hch lkway o ulfview
iI appr a mendment to
de issues associated
Relocated 1 st Street
onstruction of Relocated
itions of approval a Flexible
m overnight accommodation use (250
The proposal is in nce with flllWdards for development agreements, is
nsistent with the Com
pre e Plan and rthers the vision of beach redevelopment set
g
in
Beach by Desin. posed Development Agreement will be in effect for a period
exceed ten years an des the following main provisions: 1) Updates the provisions of
elopment Agree urrent conditions, reflecting changes due to Beach Walk
c
c on and other ding conditions, as well as the current proposed development; 2)
Pro r the va arcel J (the area where the pedestrian bridge was previously
locat Ian, which is no longer proposed); 3) Updates the public parking
options eveloper's option to pay in lieu of providing the parking spaces on-site; 4)
Updates (Parking Protocol), due to the change in design of the project and responding
to staff con s regarding employee parking issues; and 5) Updates developer's pro rata share
of the Beach Walk construction to indicate what the developer has paid to date and the
remaining obligation to meet the prior commitment;
Council 2008-11-18 3
Item # 2
Attachment number 1
Page 4 of 15
The currently approved Development Agreement, along with the associated resort pool
units, expires in 2015. This proposed amended Development Agreement does not extend this
date. It does propose to give the developer three years to commence vertical construction and
the opportunity to request a time extension from City Council extending through the 2015 date.
The proposed amended Development Agreement also requires the City to consider (but not
necessarily adopt) amendments to the previously approved vacation ordinances that expire in
March 2010 if vertical construction has not commenced.
The Community Development Board reviewed this Developm
at its public hearing on October 21, 2008, and unanimously recom
application (DVA2008-00001). Following the CDB meeting, there
Agreement negotiated by the City Attorney. Specifically, the Agre
require commencement of the Project within three years and sever
related to timing of commencement and the ability to have Concessic
related documents and provisions have been deleted.
In response to questions, applicant representative Ed Arm
for the hotel will be valet parking except for the eight publi
requesting that cafe seating be allowed in the Palm C
upgrading the temporary parking lot. Engineeidin for temporary parking lot are estimated at $24pay stati
fencing, irrigation and smooth millings. Improv s would be
and provide up to 204 spaces. Mr. Quillen sai ity :ba oul
approximately 13 months. The Cit ey ed, t
emporary parking lot lease agree e up u'
meeting and staff requests the ent agreemen ntin
ra
Council
Dr. Kiran Patel, 'A
Group in obtaining financ
requested that a represei
ke development agreem
in the project and why
ect history and explained the role of Related
rriott to come to an agreement. It was
p attend the next council meeting to which
S aDiscussion ensued was agreed the temporary parking lot should include grading,
ing consistent w' 60, gating, irrigation and smooth millings and the cost to the
not exceed $ .
it ibson moved to continue Item 7.3 to December 4, 2008 and the
8 - Second Readings - Public Hearing
tempor ease agreement provide for grading, landscaping consistent with Pier 60,
gating, it d smooth millings and the cost to the applicant not exceed $150,000. The
motion was y seconded. Councilmembers Doran, Cretekos, Gibson and Mayor Hibbard
voted "Aye," and Councilmember Petersen voted "Nay." Motion carried.
Council 2008-11-18
4
Item # 2
Attachment number 1
Page 5 of 15
8.1. Adopt Ordinance 7994-08 on second reading, amending the Zoning Atlas of the city by
rezoning certain property whose post office address is 2855 Gulf-To-Bay Boulevard, from
Medium Density Residential (MDR) to Medium High Density Residential (MDHR).
Ordinance 7994-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7994-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was: Ak
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hib
"Nays": None.
Campbell Causeway.
Councilmember Cretekos moved to amend Section 22.49(b) tYstri and
Frisbees" and add, "additionally no balls or Frisbees shall ed within 5 non-
participants." The motion was duly seconded.
Discussion ensued. Parks and Recreati
athletic fields have designated areas for tossin
regarding enforcing the proposed amendment.
enforcing this provision. _
Upon the vote being
Doran, Gibson, Petersen an
Motion carried.
r said mul=
ea concert
discretion
rehensive Plan of the
OrdlWice 8016-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 8016-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
Council 2008-11-18
Tncilmember C
ibbard voted "T
Mr. Dun
noted Da
ncilmembers
for second re d by title only.
L d adopt Ordina 7-08 on second and final
upon roll call, the vote was:
5
Item # 2
Attachment number 1
Page 6 of 15
"Nays": None. Motion carried.
City Manager Reports
9 - Other items on City Manager Reports
Pen-,inn Fund_
In keeping with the provisions of Florida Statute 185.05, wh to
board of trustees shall consist of five members, two of whom, unle R
law, shall be legal residents of the municipality, who shall be appoin 1
the municipality..." On October 16, 2006, Harvey Huber (2621 Bran
was appointed by the City Council to serve on the Board of Trustees
Supplementary Pension for a period of two years (November 1, 20
The Board of Trustees of the Clearwater Police Supplementary Pensi n F
Harvey Huber be reappointed to serve a two-year term as (term will
1, 2010). Mr. Huber has stated that he will accept re-
Councilmember Cretekos moved to reap arvey H
Clearwater Police Supplementary Pension Fun emotion
unanimously. _
in
$269,280. Change
requirements
on th
as re
an
r
Cons enter
Expa
contract to appropriate officials $309,to039.71, execute same. approving a The time motion was extension of duly 60 days seconded and and authorize the
carried
unanimously.
Council 2008-11-18
759.71
th
71
This contrac sly was by the City ?C4Fon March 20, 2008 for
O
including
e joists and hangers.
location of existing el
ges benefiting the prof
s and deadbolt upgrad
ad-time for a change
ion will extend fro
it ibson moved to ratify and confirm change order 1 to R. Krueger
tr ,Inc. of Oldsmar, Florida for the "Clearwater Community Sailing C
nsio (07-0040-MA) increasing the contract amount by $39,759.71 for a new
nsfers cover additional work necessary to meet permit
storaI'* mp and fan bracing and product substitutions
hangover unforeseen field conditions as well, such
fixtures ust vents, and palm tree removal. Owner
compaschange order include replacement of two
e time extension of 60 days is needed for the additional work
late in the project timeline to the railing pickets. New contract
ember 1, 2008 to October 31, 2008, from 120 to 180 days.
of
ce
1,2008')l
LM, 2008).
mends th
e Board c
leconded
6
Item # 2
Attachment number 1
Page 7 of 15
9.3. Accept a perpetual twenty-five foot Drainage and Utility Easement over, under, across and
through a portion of the West 1/2 of the Southeast 1/4 of Section 21, Township 29 South, Range
15 East, Pinellas County, Florida, conveyed by 1573, LLC, a Florida limited liability company,
aiven in consideration of receiat of $1.00 and the benefits to be derived therefrom.
1573, LLC ("Grantor") is completely remodeling an existing 5,860 square foot masonry
building at 1573 South Fort Harrison Avenue, removing a partial second floor and dding a full
new second floor. The completed redevelopment project will be an office nd m I facility
known as the Center For Integrative Medicine. Development approva ed anc 1
the subject easement to the City to facilitate maintenance of existin rain
The subject Drainage and Utility Easement conveyed by the Grant plies with
requirements of development approval and issuance of the project g perm'
Councilmember Petersen moved to accept a perpetual twen
Utility Easement over, under, across and through a portion of the W
of Section 21, Township 29 South, Range 15 East, Pinellas County;
LLC, a Florida limited liability company, given in consideration of re(
benefits to be derived therefrom. The motion was duly stQWjj&? a
Public Utilities Wastewater
Countryside Boulevard earlier s
on propert owned by the s
the was disco
FV In May 200
authority for the facilit
his client would not gran
requires for the sum of $
square-foot of the entire p
Lesn2ses ction is anticipated tc
including title ins
d $750 and are to be
d at 2537
is located
chise. During
at this location
is owner seeking a7-of easement to document
18, tter, legal counsel for the owner advised that while
ment, Id sell the 937.63 square-foot parcel the City
3. The e price is calculated at a prorated $25.83 per
'007 asse clue of $619,000 ($620,000 in 2008). The
within 30 d s following execution by City officials. Closing
, documentary stamps and closing fees are estimated not to
y the City.
solutioe07assed on November 1, 2007, establishing the City's intent to
rei ertain ewer Utility project costs incurred with future tax-exempt
finan a ed with 2009 revenue bonds as a funding source were included
in the D h Resolution 07-28.
CoLWmember Cretekos moved to approve a Contract For Purchase of Real Property
with Nailen Properties/GGG, LLP, for a portion of Countryside Village Square Lot 2 containing
937.63 square-feet, more or less, in the amount of $24,218.98 plus estimated transaction
expenses not to exceed $750, and authorize appropriate officials to execute same, together with
Council 2008-11-18
7
Item # 2
Attachment number 1
Page 8 of 15
all instruments required to effect closing. The motion was duly seconded and carried
unanimously.
9.5. Approve two Supplemental Engineering Work Orders to Tampa Bay Engineering Group,
Inc., (EOR) of Clearwater, Florida, for additional engineering design services for the relocation
of existing potable water, reclaimed water and sanitary sewer facilities impacted by the Florida
Seville Boulevard to north of SR 60 protect in the amount of $31,02
$198,480, and that the appropriate officials execute same.
The Florida Department of Transportation (FDOT) is Curren he proc
To date, there have been several revisions including e
revisions, incorporation of other FDOT projects, of soun addition o it
Road west of US 19, the proposed relocation of ity of St. P s 48-inch
transmission main requiring additional protect gs and c h FDOT,
have subsequently increased the ini ' p e ineen gn required. n
August 12, 2005, the City Manage d a itial er in th t of $95,150 for
SR 55 (US 19) from Whitney d uth of Seville B rd. On Ju City Council
approved Su lemental Wo in the amount 45 for a to I of $130,995.
0On Order 2 i ount of $36,630 es City it approval for a total
ditional ring design se
Septem 5, the uncil approved a a Work Order in the amount of
$134,410 for SR 55 (
m sout ville Boulevard to north of SR 60. On July 19,
2007, the City Council a Suppl Work Order 1 in the amount of $33,045 for a
total ,Council value of $167,455. ental er 2 in the amount of $31,025 requires City
approval for total v if $198,48 ditional engineering design services.
designing roadway improvements of SR 55 (US19) from Whitney R o v
Boulevard and also SR 55 (US19) from south of Seville Boulevard to 0.
Improvements will include overpasses at Belleair Road and Seville B frontage ro
and drainage improvements. These roadway improvement project 'ate the
relocation or adjustment of the City's water, reclaimed water and sane ry s gins, and
appurtenances within the project limits.
.
The funding breakd r these projects: 1) US19 from Whitney to South of Seville -
- $30,105; 2) US19 f hitney to south of Seville -Reclaimed - $6,525; 3) US19 from
Seville to north o -Water - $25,775; 4) US19 from south of Seville to north of
S wer *0i as passed on November 1, 2007, establishing the City's intent to
reimb& Sewer Utility project costs incurred with future tax-exempt financing.
The prth 2009 revenue bonds as a funding source were included in the
projecated with Resolution 07-28.
Councilmember Gibson moved to approve two Supplemental Engineering Work Orders
to Tampa Bay Engineering Group, Inc., (EOR) of Clearwater, Florida, for additional engineering
design services for the relocation of existing potable water, reclaimed water and sanitary sewer
Council 2008-11-18
8
Item # 2
Attachment number 1
Page 9 of 15
facilities impacted by the Florida Department of Transportation's SR 55 (US 19) from Whitney
Road to south of Seville Boulevard project in the amount of $36,630, for a new value of
$167,625, and SR 55 (US 19) from south of Seville Boulevard to north of SR 60 project in the
amount of $31,025, for a new value of $198,480, and that the appropriate officials execute
same. The motion was duly seconded and carried unanimously.
conveyed by Wilder Corporation of Delaware in consideration of recei
benefits to be derived therefrom.
On June 25, 2006, the Wilder Corporation of Delaware ("G ' conv
square-foot Landscaping and Utilities Easement to the City over an s
Clearwater Two office tower at 33 North Garden Avenue. The ease
for the purposes of extending and tying in the Station Square Park ar I
the tower structure contiguous to the park. The easement was con
and approval of 100% project plans. Final 100% plans identified the diti
desirable for extending pavers into the area and installatio -foot alumi
gate to restrict pass-through pedestrian traffic betwee the remai
property. The subject easement extends City auth replace
e
6
ren to th
palette rig
completion
a as being
uble swing
.ce tower
improvements into the additional space conveye ith the in veyance,
perpetual and will run with the land except in th t the City discontin
Station Square Park, or transfer own h' oft rk, in whi a easem
terminate.
is are
Councilmember Peter d to accept a p 1294.46s andscaping
0andutilities easement over, ross and upon a n of Lot 2, ATER TOWER,
enue, con Wilder Corpor f Delaw consideration of
benefit erived therefro as duly seconded and
unanim
I
9.7. Den request fro Brown ies for the City to release grantor's right to
requrchase Darkina lot o outh sid w Street between S. Osceola and N. Fort
la 2003, Arnold Br operties requested that the City of Clearwater declare surplus
for sale the t g lots abutting property owned or controlled by Arnold Brown.
lots ar 344 feet in length, fronting on the south side of Drew Street
s . Fort Harrison avenues. The westerly parcel was leased to Arnold
1985 to 2002. The easterly portion was operated as a metered surface
t of that time. Arnold Brown Properties requested that the City declare the
property su s to allow them to purchase and assemble the property for redevelopment.
In January 2003, the City declared the property surplus and offered it for sale for a
minimum bid of $187,000. The Declaration of Surplus contained conditions. It required the
successful bidder to commit to initiating construction of a redevelopment project with a FAR
Council 2008-11-18 9
Item # 2
Attachment number 1
Page 10 of 15
(Floor Area Ratio) of not less than 3.0 and not less than 216,000 square-feet MOL within five
years of purchase. The invitation for bid was issued on February 3, 2003. Arnold Brown
Properties submitted the only bid meeting the requirements of the invitation for bid. Council
approved the contract with the requirement that the City would have the right to require Arnold
Brown to reconvey the property if they failed to pull a foundation permit for one or more
buildings with a FAR of not less than 3.0 for a residential retail, office, or hotel use. The City's
right to repurchase was for the amount of the purchase price of $202,000, sub'
o normal
corporations. The agreement also provided that the grantee could reques at a e, a
'eclL
release of the City's right to repurchase. The City has 60 days after re f t en
request to either release its right to repurchase or, if Arnold Brown to
development conditions, the City may exercise the right to repurch
In September 2008, Arnold Brown Properties has requested
release its right to repurchase this property. City staff has reviewed
recommends denying the request and that the City repurchase the i
originally sold to the Developer for redevelopment purposes and the
performed according to the conditions outlined in the purchase agre
prudent for the City to repurchase the parcel, as the site is ec
Downtown as part of a larger assembly of land. The
leverage for the City in any future redevelopment s
goals.
Mayor Hibbard recused himself d
In response to questions,
the space for overflow and st
parking spaces. Economic
par uper blo
FV Lee Arnold, 7q
years and critical to th
donated in the past as
Councilmember Pe
on was duly seconded
and Mayor Hibbard
its
&&y had leased
W provide 32
pez said the
lopment of
remnant has b-CRIRRTder contract for more than five
L bring a significant hotel project. Space has been
ecial events.
moved to"taff's recommendation on Item 9.7. The
icilmember etersen, Doran, Cretekos and Gibson voted
ed. Motion carried.
nt Form to be used with th
2, the City Council approved a similar agreement for all Co-Sponsored
Groups i enior adults and youth. Since then, staff has seen a need to create a
separation een the Senior Adult and Youth Co-Sponsor Agreements thus the request for a
new Senior Adult Standardized Form. The Senior Adult Co-Sponsor Groups provide a valuable
service to the community, through their extensive use of volunteers and volunteer resources.
The City owns certain public properties and facilities that are available to be utilized by the
Senior Adult Co-Sponsor Groups for their programs. The proposed agreement clarifies the
Council 2008-11-18 10
Fuu guWctc
p until Octo
ent and Housin
,ceola Avenue
re, it is
cel for the
Lvides
Item # 2
Attachment number 1
Page 11 of 15
roles between the City and the Senior Adult Co-Sponsor Groups and provides added protection
for the citizens and Clearwater by placing clear expectations on the Senior Adult Co-Sponsor
Groups. Part of the Agreement has a requirement that the Co-Sponsor Groups will provide
manpower to support City events and programs not associated with their activities.
Staff is recommending that the City Manager or his designee be authorized to enter into
these agreements similar to all Rental Agreements, Youth Co-Sponsor Agreeme and Park
The re Club is
Use Agreements. Currently, the agreement will be with the 3-Score Clubt
a group of 60 years plus men that play softball at the E. C. Moore La the
provided over 2,500 volunteer hours to City events. The LawnbowClea
Horseshoe Club,and Clearwater Shuffleboard Club will be covere ate ag
sin
ce they maintain buildings and facilities for the City and the exp or th is
higher.
In response to questions, Parks and Recreation Director Kevi said agreen
will include a fee structure and volunteer time requirements. Exam eer activiti
include parking lot monitors, greeters and ushers.
It was requested that requirement for a Play P itted.
Councilmember Cretekos moved to conti 9.8 for 4,20
motion was duly seconded and carried unani
n
exc aoorove fl?he City Dortion 1217.000 fr•kecreation Facilitv
On December 2 the Cit it approved a Florida Communities Trust (FCT)
project grant agreement f cquisitio erties creating the Lake Chautauqua
Equestrian and Nature Pre in the am $4,800,000, between the State of Florida
ent of Community and the Cit of Clearwater and authorized the appropriate
o execute same. oject includes this parcel as well as an additional contiguous
hich the City conti
k work to secure. This purchase will provide additional
le open space a ands for the citizens of Clearwater and Pinellas County. This
n together wi
a haut auqua Park (40 acres), and DD Davis Park (5 acres) will
a regio over 72 acres.
operty was valued at $3,465,000 in an appraisal performed by Fogarty &
Finch, V28,-. 25, 2008, and valued at $3,825,000 by James M. Millspaugh & Associates as
of July he proposed purchase price of $3,645,000 is well within the appraised value
of the property. The purchase is based on a contingency that the City is successful in vacating
a County right-of-way on the North side of the property and developing a perpetual easement on
the North side of Boy Scout property, which will then provide public access to Lake Chautauqua
which is a requirement of the grant. In exchange for the perpetual easement from the BSA, the
Council 2008-11-18 11
Item # 2
Attachment number 1
Page 12 of 15
City will grant BSA a perpetual easement on City property located at the entrance to Camp
Soule on the East side of Soule Road for existing encroachments to their property. Also the
final purchase is based on the City receiving an approved management plan from the FCT.
Funding for the purchase of the property is a 60/40 City match and is provided in the
following manner: Florida Community Trust Grant - $1,478,000, City of Clearwater- Open
Space Impact Fees - $1,010,900, City of Clearwater- Recreation Facility Land I §act Fees - $
1,206,100, TOTAL $3,695,000. PCSB will consider this item at the first bo rd m n
Decem ber, after a decision has been made by the City. In addition to e itie IikE
picnicking, nature walks, hiking, bird watching etc., there also will b natu
center and equestrian trails. Development of the property will occ ases as in
the management plan. Volunteer groups will accomplish mosk assoc' e
development. No increase in operating budget or FTEs is anticipat thAw left primarily in its natural state and will simply be connected to an exi ped pa
Councilmember Doran moved to approve a contract with th
Board (PCSB) to purchase real property identified as Pinellas Coui
410-0100 containing 27 acres more or less, more commo
Equestrian and Nature Preserve," for $3,645,000 plus
exceed $50,000, for a total cost not to exceed $3,6
$2,217,000 from Recreation Facility Land Impac 1,206,
Fees ($1,010,900) to be transferred at first qua CIP 315-9
officials to execute same, together with all othe ruments r
motion was duly seconded and caradoani
arwater to consider efficiency reviews to
vs are intended to help the City determine
ove efficiency and reduce costs. In completing
Is: 1) lowering spending and saving money in
d yielding additional savings in the long term.
Purpose and Scope lice Efficiency Review: When reviewing the Clearwater Police
ent, the key focu be to determine and review core services, what functions need
to ormed, are t performed department-wide or Citywide as efficiently as
pos d then ' dget limits and performance targets for each core service. This
short- vi ify greater changes that can be made within the department or one of
its proc ve efficiency in the long-term. Options include maintaining a program,
restructu ting back a program, outsourcing a program, or eliminating the program
altogether. en focusing on ways to improve departmental efficiency, the key focus should be
to first determine the most effective organizational structure to deliver core services and then
secondly, develop effective performance measures.
Council 2008-11-18 12
Item # 2
Attachment number 1
Page 13 of 15
Scope of Work: A) Evaluate Existing Conditions: 1) Identify existing public perception of
staffing, response times, community policing, and community responsiveness to safety/
emergency needs and 2) Conduct pertinent interviews/surveys, i.e., City Council, City Manager,
Police Department Management, collective bargaining unit representatives, sergeants/
lieutenants, officers, and other City departments: B) Management/Administration Staffing
Levels: 1) Review organizational chart and appraise responsibilities assigned to the Chief,
Deputy Chiefs, and Captains and the span of control for each; 2) Evaluate respo ibilities,
special assignments, and workload of department sworn and non-sworn a mini ve staff; 3)
Assess management's problem identification, long-term planning, and iza
development strategies; 4) Provide observations and recommendat' rdin
structure; 5) Review of succession planning to senior managemen ons; and e
communication and interaction with officers, detectives, union repr tives, c d
other management staff: C) Officer/Investigation Staffing Levels: 1) ac
substations including Main and staffing assignments by facility/subst ify poss
efficiencies, cost reductions, and overall necessity of substations; 2) dequacy o
current patrol and command deployment proportional to workloads, y, response
times by priority level, types and amount of officer-initiated activity, a per of
uncommitted time per shift; and 3) Assess investigation ca Gies, trackin m, detective
caseload and status by type, levels of case coordinate nd neighb w
enforcement agencies: D) Operations, Support Ser ications : 1)
Criminal Investigation Supervision & Units - Viol e, Burgl ft, Juvenil
Analyst, Intelligence, Economic Crimes, & Vice/ tics; 2) Pa n & U
District I, II, & III, Traffic Enforcement, K-9 Cri evention; rvices Su n 8
Units - Records, Differential Police se, uter ns, eratiorXr
Property Unit, Planning & Fiscal; 4 nica ns Su n and a) Appraise
adequacy of staffing and wor d ch function/uni sess tech ems,
equipment and staff use/ca Evaluate com tion and in do with other shift
sta Ives, and d and manage taff; and aluate current system
storage ure storage ca pportunities and
endatio nal con n of functions at can result in
iciencies; and 6) pportu d recommenda r outsourcing functions and
services: E) Benchma to Ana Obtain and analyze comparable benchmarking
data (i.e., sworn staff pe respon s, clearance rate, arrests per 1,000) for like-sized
police departments and c ities.
Police Chief Sid Klei ressed concerns regarding the commencement date.
ly, the police depa is undergoing organizational changes that will be implemented
k, 2009. Her d that the commencement date be changed from November 20,
2008?ary
C ber Cretekos moved to approve agreement with Matrix C G, Inc d/b/a Matrix
Consulting up, Ltd in the amount of $107,000 to perform efficiency review of Clearwater
Police Department, in accordance with Code Section 2.564(d), other governmental bid (City of
St. Petersburg RFP 6474, Request for Proposal for Consulting Services, Management
Evaluation of Police Department issued July 17, 2006), amend commencement date to January
Council 2008-11-18 13
Item # 2
Attachment number 1
Page 14 of 15
3, 2009 and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
9.11. Approve the 2009 State Legislative Package
The 2009 State Legislative Package includes supporting: continued funding for
programs that benefit municipalities statewide such as Florida Recreation Develo ent
Assistance Program (FRDAP) and Brownfields Cleanup; full funding of the hous' us
under the Sadowski Act and State Aid to Libraries. Also included in th p i
bill that removes the reverter from the beach Marina property in ord tate
redevelopment of that site. The City, along with the Florida Leagu ies, conti
oppose unfunded mandates and intrusions to municipal home rule ity. _
Councilmember Doran moved to approve the 2009 State
motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
10 - City Manager Verbal Reports
Finance Director Margie Sim
to the Pension Plan for Fiscal Year
value of our pension investments
credit balance from excess c i
reduce the required contri
to worWn, the
p a $14 million
Ran be used to
in contribution
e Church of Scientology wants to speed up the
e request entails taking the south-bound lanes
parking spaces on east side to maintain traffic
ranklin Streets from 9:00 a.m. to 4:00 p.m. on
concern is there will be traffic delays and no left
Eric Easterly, Project Manager,
project to be finished and work
isued. Concerns re Court Street being under construction and there being
lic were expressed. Consensus to not support request.
11 -Council Discussion Items
Council 2008-11-18
14
Item # 2
Attachment number 1
Page 15 of 15
11.1. City Manager and City Attorney Salary Comparison
year.
Consensus to honor City Manager and City Attorney request for no salary increases this
12 - Other Council Action
Councilmembers reported on events in which they recently pa
upcoming events, thanked Ironman organizers and volunteers for t
safe and happy Thanksgiving holiday.
Councilmember Doran reviewed new traffic pattern on Cou
Mayor Hibbard wished Councilmember Gibson a belated H
The meeting adjourned at 10:30 p.m.
Council 2008-11-18
15
Item # 2
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 12/4/2008
Authorize the funding of the Royalty Theater and Lokey building property purchases in the amount of $2.4 million from available
Penny for Pinellas reserves, rather than from Special Development Fund reserves as previously approved.
SUMMARY:
At the November 6, 2008 meeting, the City Council authorized the assumption of the contracts to purchase the Royalty Theater
and the Lokey buildings in the amount of $2.4 million. Funding for the contracts was provided from the unappropriated retained
earnings of the Special Development Fund.
At that time, Council directed staff to hold a public hearing to allow the purchase to be funded from Penny for Pinellas reserves,
rather than Special Development Fund reserves.
Upon authorization of this agenda item, first quarter amendments will reflect the transfer of $2.4 million of Penny for Pinellas
funds to project 315-93614 for the property purchase. The Special Development Fund reserves of $2.4 million will remain in the
Special Development Fund for appropriation until needed for other projects.
Type: Purchase
Current Year Budget?: None Budget Adjustment:
Budget Adjustment Comments:
See Summary
Current Year Cost: $2.4 million Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
315-93614 $2,400,000 Penny for Pinellas reserves
Review Approval: 1) Clerk 2) Assistant City Manager 3) Clerk 4) City Manager 5) Clerk
Yes
Cover Memo
Item # 3
Attachment number 1
Page 1 of 1
CITY OF CLEARWATER
NOTICE OF PUBLIC HEARING
PENNY FOR PINELLAS PROJECTS
CITY COUNCIL MEETING
Thursday, December 4, 2008
6:00 p.m.
A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3?d
floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the use of Penny for Pinellas funding for
the following project:
Royalty Theater - A new project to provide for the purchase of the Royalty Theater and Lokey
buildings in the amount of $2.4 million with the intention of Ruth Eckerd Hall to eventually take
on the responsibility of renovation and operation of the Royalty Theater.
The purchase cost of $2.4 million will be funded from available Penny for Pinellas reserves.
Interested parties may appear and be heard at the hearing or file written notice of approval or objection
with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the
Commission, with respect to any matter considered at such hearing, will need a record of the proceedings
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based per Florida Statute
286.0105.
All individuals speaking on public hearing items will be sworn in.
Cynthia E. Goudeau, CMC
City Clerk
City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK
DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL
THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090.
Item # 3
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 12/4/2008
Approve the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue that lies along the West property lines
of Lot 1 and Lots 9 through 26 inclusive, Block "Y', Belmont Second Addition, (a.k.a. 801 Howard Street), subject to the retention
of a drainage and utility easement over the full width of the street right-of-way to be vacated and approve Ordinance Number
8015-08 on first reading, (VAC2008-02 Eggers-City of Clearwater),
SUMMARY:
• The applicant is seeking the vacation in order to eliminate the otherwise applicable setback requirement from a street right-
of-way to permit the future construction of a single family home on Lots 1 and 2 of said Block "Y', Belmont Second
Addition.
• The City of Clearwater has joined in this request to vacate the remainder of this unimproved street from the south property
line of Lot 1 to the northerly right-of-way line of Belleair Road.
• Two improved streets, Scranton Avenue to the east and Myrtle Avenue to the west are located nearby; accordingly no
future need for this street as a roadway is anticipated.
• Verizon, Bright House, Knology and Progress Energy have no objections to the vacation request.
• The City of Clearwater maintains stormwater facilities within the subject street portion but no other utilities are present at
this time.
• The Engineering Department has no objections to the vacation request provided that a drainage and utility easement is
retained over the full width of the street right-of-way to be vacated.
Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 4
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8015-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, THE FORTY-FOOT RIGHT-OF-WAY
OF MYRTLE AVENUE LYING ALONG THE WEST
PROPERTY LINES OF LOTS 1, AND 9 THROUGH 26
INCLUSIVE, BLOCK J, BELMONT SECOND ADDITION,
SUBJECT TO A DRAINAGE AND UTILITY EASEMENT
WHICH IS RETAINED OVER THE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lucille R. and Sammie D. Eggers, owners of real property located in
the City of Clearwater, have requested that the City vacate the right-of-way depicted in
Exhibit A attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
40-foot right-of-way of Myrtle Avenue lying along the west property lines of Lots 1,
and 9 through 26 inclusive, Block J, Belmont 2n Addition as recorded in Plat Book
6, Page 88 of the Public Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance NoltWM599
Attachment number 1
Page 2 of 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance NoltWM599
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' l City Council Agenda
Council Chambers - City Hall
Meeting Date: 12/4/2008
SUBJECT / RECOMMENDATION:
Continue Public Hearing and First Reading of Ordinance 7999-08 regarding downtown parking to December 18, 2008.
SUMMARY:
Following the completion of the Cleveland Street Streetscape Project, there has been a greater interest in occupying existing
buildings and tenant spaces on Cleveland Street. However, much of this interest has involved occupying the buildings and tenant
spaces with uses that are different from those previously established. As many of the building/properties in this area have limited
off-street parking or no off-street parking whatsoever, an issue has arisen as to how conversions from office and retail uses to more
parking intense uses such as restaurants can occur. In response to this issue, the Planning Department has proposed an amendment
that will add a footnote to the existing Tables 2-902 and 2-903 within the Community Development Code. The footnote would
read as follows:
For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Martin
Luther King, Jr. Avenue that have no existing off-street parking spaces, nor the ability to provide any off-street parking spaces, the
use(s) of the buildings/properties may be changed without the off-street parking that would otherwise be required for the change of
use being provided.
Patrons of these establishments can use the public parking spaces available in various locations and garages that are widely
distributed through out the Downtown area.
The Community Development Board (CDB) reviewed the proposed text amendment at its pubic hearing of September 16, 2008,
and the amendment was recommended for approval without comments.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 5
Attachment number 1
Page 1 of 3
ORDINANCE NO. 7999-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING SECTION 2-902, "FLEXIBLE STANDARD
DEVELOPMENT", "TABLE 2-902", AND SECTION 2-903, "FLEXIBLE
DEVELOPMENT", "TABLE 2-903", TO ADD A FOOTNOTE ALLOWING
A REDUCED PARKING REQUIREMENT FOR CHANGES OF USE
WITHIN THE DOWNTOWN (D) DISTRICT WHERE THERE ARE NO
EXISTING PARKING SPACES OR AVAILABLE LAND FOR THEIR
CONSTRUCTION; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater recognizes that many existing buildings and
properties along Cleveland Street have no existing off-street parking spaces and that it may be
impossible in many circumstances for any off-street parking spaces to be constructed; and
WHEREAS, the revitalization of Downtown Clearwater and specifically Cleveland Street
has been determined to be critical to the City's overall health; and
WHEREAS, the City of Clearwater desires to support and facilitate the establishment of
new businesses within Downtown Clearwater; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered
all public testimony and has determined that this amendment is consistent with the City of
Clearwater's Comprehensive Plan; and
WHEREAS, the City Council has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section
2-902, "Table 2-902", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-902. "D" Flexible Standard Development Standards
Use Max. Height (ft.) Min. Off-Street Parking
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GFA
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment
Facility 30-50 3--5 per 1,000 GFA
Mixed Use 30-50 Based upon use requirements
-1-
Ordinance NoltM*6
Attachment number 1
Page 2 of 3
Nightclubs 30-50 3--10 per 1,000 GFA
Offices 30-50 1--3 per 1,000 GFA
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 n/a
Parks and Recreation Facilities
50 1 per 20,000 SF or as determined by the community
development coordinator based on ITE Manual
standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 n/a
Restaurants 30-50 5--15 per 1,000 GFA
Retail Sales and Service 30-50 2-4 per 1,000 GFA
Sidewalk Vendors n/a n/a
Social and Community Centers 30-50 2-4 per 1,000 GFA
Utility/Infrastructure Facilities n/a n/a
(1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
Avenue and Martin Luther King, Jr. Avenue that have no existing off-street parking spaces, nor the ability
to provide any off-street parking spaces, the use(s) of the buildings/properties may be changed without the
off-street parking that would otherwise be required for the change of use being provided.
Section 2. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section
2-903, "Table 2-903", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-903. "D" District Flexible Development Standards
Use Max. Height (ft.) Min. Off-Street Parking
Alcoholic Beverage Sales 30-100 3--5 per 1,000 GFA
Attached Dwellings 30-100 1--1.5 per unit
Comprehensive Infill Redevelopment
Project
n/a Determined by the community development
coordinator based on the specific use and/or ITE
Manual standards
Educational Facilities 30-100 4/1000 GFA
Governmental Uses 30-100 3--5 per 1,000 GFA
Indoor Recreation/Entertainment
Facility 30-100 3--5 per 1,000 GFA
Limited Vehicle Sales and Display 30 2-4 per 1,000 GFA
Marinas and Marina Facilities 30 1 space per 2 slips
Mixed Use 30-100 Based upon use requirements
Nightclubs 30-100 3--10 per 1,000 GFA
Offices 30-100 1--3 per 1,000 GFA
Overnight Accommodations 50-100 .75--1 per unit
Public Facilities 30-100 1--2 per 1,000 GFA
Restaurants 30-100 5--15 per 1,000 GFA
Retail Sales and Service 30-100 2-4 per 1,000 GFA
Social/Public Service Agencies 30-100 3-4 per 1,000 GFA
-2-
Ordinance NoltM*6
Attachment number 1
Page 3 of 3
Refer to Section
Telecommunication Towers
3-2001 n/a
Veterinary Offices, and or Animal 30 4 per 1,000 GFA
Grooming and Boarding
(1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
Avenue and Martin Luther King, Jr. Avenue that have no existing off-street parking spaces, nor the ability
to provide any off-street parking spaces, the use(s) of the buildings/properties may be changed without the
off-street parking that would otherwise be required for the change of use being provided.
Section 3. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
-3-
Ordinance NoltM*6
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 12/4/2008
Continue amended and restated Development Agreement for property located at 100 Coronado, between K and P Clearwater
Estate, LLC (the property owner) and the City of Clearwater (Case No. DVA2008-00001)to December 18, 2008.
SUMMARY:
• The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of
Second Street.
• The subject property is currently vacant, but used as a temporary City public parking lot.
• On October 19, 2004, the Community Development Board (CDB) approved a Flexible Development application for the
construction of a 350-unit hotel with associated amenities and 75 attached dwellings as a mixed-use development
(FLD2004-02013 ).
• The City Council approved a companion Development Agreement on February 17, 2005 (Case No. DVA2004-
00001). These development approvals authorized the following:
• Use of 250 hotel rooms from the Beach by Design density pool;
• Maximum building height of 150 feet;
• Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive and proposed Second Street;
• Vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard;
• Dedication of right-of-way for proposed Second Street between Coronado Avenue and Gulfview Boulevard; and
• Dedication of right-of-way for Coronado Drive between proposed Second Street and Gulfview Boulevard.
• On May 17, 2005, the CDB approved a Flexible Development application amending the prior project to modify the location
of an elevated pedestrian walkway over South Gulfview Boulevard (FLD2004-02013A).
• On March 16, 2006, City Council approved an amendment to this original Development Agreement (DVA2004-00001A),
which dealt with issues associated with Beach Walk construction and the timing of the dedication of land for Relocated 1st
Street (to be known as Second Street once constructed), as well as for the construction of Relocated 1 st Street.
• On October 21, 2008, the CDB approved with 13 conditions of approval a Flexible Development application for the
construction of a 450-room overnight accommodation use (250-room hotel and 200-room timeshare) (FLD2008-05013).
• The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan
and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will
be in effect for a period not to exceed ten (10) years and includes the following main provisions:
• Updates the provisions of the Development Agreement to current conditions, reflecting changes due to Beach Walk
construction and other surrounding conditions, as well as the current proposed development;
• Provides for the vacation of Parcel J (the area where the pedestrian bridge was previously located on the approved plan,
which is no longer proposed); gUpdates the public parking options to reflect the developer's option to pay in lieu of
providing the parking spaces on-site;
• Updates Exhibit M (Parking Protocol), due to the change in design of the project and responding to Staff concerns
regarding employee parking issues;
• Updates the developer's pro rata share of the Beach Walk construction to indicate what the developer has paid to date and
the remaining obligation to meet the prior commitment;
• The currently approved Development Agreement, along with the associated resort pool units, expires in 2015. This
proposed amended Development Agreement does not extend this date. It does propose to give the developer three years to
commence vertical construction and the opportunity to request a time extension from City Council extending through the
2015 date. The proposed amended Development Agreement also requires the City to consider (but not necgsari4 adopt)
amendments to the previously approved vacation ordinances that expire in March 2010 if vertical construction 0 not
commenced. Item # 6
• The Community Development Board reviewed this Development Agreement application at its public hearing on ctober
21, 2008, and unanimously recommended approval of the application (DVA2008-00001).
• Following the CDB meeting, there have been changes to the Agreement negotiated by the City Attorney. Specifically, The
Agreement has been changed to require commencement of the Project within three years and several other minor changes
related to timing of commencement and the ability to have Concession on the beach and the related documents and
provisions have been deleted.
Review Approval: 1) Legal 2) Clerk 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager
Cover Memo
Item # 6
Attachment number 1
Page 1 of 1
RESOLUTION NO. 08-14
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
APPROVING A FIRST AMENDED AND RESTATED
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND K & P CLEARWATER ESTATE, LLC.;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater entered into a Development Agreement with K & P
Clearwater Estate, LLC that was adopted by the City Council on February 17, 2005, by
Resolution No. 05-13, amended by First Amendment to Development Agreement between the
City of Clearwater and K & P Clearwater Estate, LLC, adopted by the City Council on March 16,
2006 by Resolution No. 06-11; and
WHEREAS, the City of Clearwater and K & P Clearwater Estate, LLC are desirous of
amending and restating said Development Agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The First Amended and Restated Development Agreement between the City
of Clearwater and K & P Clearwater Estate, LLC, a copy of which is attached as Exhibit "A," is
hereby approved.
Section 2. The City Clerk is directed to record the First Amended and Restated
Development Agreement with the Clerk of the Circuit Court in Pinellas County no later than
fourteen (14) days after it is executed. The applicant shall bear the expense of recording the
document.
Section 3. The City Clerk is directed to submit a recorded copy of the First Amended
and Restated Development Agreement to the State of Florida Department of Community Affairs
no later than fourteen (14) days after it is recorded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of
2008.
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution Note #
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t
' l City Council Agenda
Council Chambers - City Hall
Meeting Date: 12/4/2008
SUBJECT / RECOMMENDATION:
Continue Public Hearing and 2nd Reading of Ordinance 7999-08, regarding downtown parking, to January 15, 2009.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 7
' l City Council Agenda
Council Chambers - City Hall
Meeting Date: 12/4/2008
SUBJECT / RECOMMENDATION:
Continue Public Hearing and 2nd Reading of Ordinance 8015-08 to December 18, 2008, regarding VAC2008-02 Eggers.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8015-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, THE FORTY-FOOT RIGHT-OF-WAY
OF MYRTLE AVENUE LYING ALONG THE WEST
PROPERTY LINES OF LOTS 1, AND 9 THROUGH 26
INCLUSIVE, BLOCK J, BELMONT SECOND ADDITION,
SUBJECT TO A DRAINAGE AND UTILITY EASEMENT
WHICH IS RETAINED OVER THE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lucille R. and Sammie D. Eggers, owners of real property located in
the City of Clearwater, have requested that the City vacate the right-of-way depicted in
Exhibit A attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
40-foot right-of-way of Myrtle Avenue lying along the west property lines of Lots 1,
and 9 through 26 inclusive, Block J, Belmont 2n Addition as recorded in Plat Book
6, Page 88 of the Public Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance NoltWM590
Attachment number 1
Page 2 of 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance NoltWM590
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 12/4/2008
Approve legal services agreements between Banker Lopez Gassler PA and The Law Office of Tim Jesaitis, PA, and the City of
Clearwater for legal services relating to workers' compensation claims, authorize the appropriate officils to execute same and
authorize payments to said firms in an amount not to exceed $215,000 for the period, January 1, 2009 to December 31, 2011.
(consent)
SUMMARY:
The City of Clearwater self-insures its workers' compensation exposures, and Risk Management administers the claims. Only a
small portion of these claims result in attorney involvement. Risk Management uses two attorneys in response to our Workers'
Compensation claims, and we are pleased with their services.
Type: Operating Expenditure
Current Year Budget?: Yes Budget Adjustment: No
Budget Adjustment Comments:
Current Year Cost: $215,000 Annual Operating Cost:
Not to Exceed: $215,000 Total Cost: $215,000
For Fiscal Year: 2009 to 2011
Appropriation Code Amount Appropriation Comment
590-07000-545800-519-000. $215,000
Bid Required?: No Bid Number:
Other Bid / Contract: Bid Exceptions: Other
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Approval: Manager 8) Clerk
Cover Memo
Item # 9
k
H. ? ., ?,... ^4pk ?@^ air,'p??w?-a'4?• .yc7:Y,;'?'t?Y'? c.;????;,.?ttt?!'xu ... . -:"*:,. -. 1
Attachment number 1
Page 1 of 5
kw mid betAMM the
a(, Oft 20M., by, M.M OF c, , . , ' OA *0 Oci The Lena M of Tit Jnxffta P.A.
ITNE SETH:.
WHEREAS, CAy ; to rvW a *m to it in mvwcOm r
m
$1Et lON 4. AUTHMIZA110N TO PROS CCAMSEL Counsel is
fa ' 'In H* Agmement and for
in Vft tom:.
to pt&
SAM 2. C .WES.
In ow o voth wc 'fir n &*w as % by
tMV4jd 0 M"Md *AV Mp"OOWO of tl ? :fir ft
tw%PW lo andfto" Ca rat irmk)dod In *m to tMb"umed,
SECTION 4. TMW TNs, Aort# will be effecOve from tuajy 1,, 2 to
DeoffrbW 1j I1,.
SE OK 5, Ct P MOLE EXPENSES. RahnWmment of expberom oiil
be mvAs by t City to ft *m for remonable out-&,Ipt ined by
t C nwkup, Itut:t but not WrAed to long
twal k in Viers of Mr sunder. 'Troved r pat diem
Item # 9
Attachment number 1
Page 2of5
+o nt in exce" c $1, A., . This provision shaff survive #w tem Wn of tt
A"wmnt
SEC"110N 7. NFUCT OF INTEREST. Its urWarst cE by the City a Counsel
that CowU41 not eW" of any dWft of the firm that eurmntly present any conflict
cr of the Cry -and other cli is of Counsel. If any poWdIat Comic of
dui the fib Coonsel i r r nting the Cam, Coeur I vfiII prvrr
wftm the City. The City ur r no ob tion to r to permit the c oofflot
rop .
SECTION S. CONSTRUCTION AND AMENDMENTS. This Agreement ill
gwowned by and coretwed M wwr?dan 'with the lam of the ate of I=lo . This
,Agreemot may be arnetWed only by a writM duly end into by the City and Counsel,
SECTION g. CANCELLATION, OF AGREEMENT. The City or Counsel may
am"[ or t9imiNft this AW" i upon t days advwca win rte to Counsel In
tellati, ur l shall imn*dlsty c s* vim hereunder a sha# be
mOO d for la and dowrnWftd t u ab eVenees incurrod prior to the daW
of carnWlaton.
SECTION 10. ATTORNEYS FEES. In the evert tit ei et patty seeks to
Aa t *mx*h at low,, then ft pAet agree tip e pwty
I tit' its o oo and th jt,r dfton f?w such an action shall bo in ei > of
In Pi"fts CourAy, Florida.
IN WITNESS WHEREOF, the City Counsel h emwted this Agmen N'
of tI fi above.
CouMorslgr? : CITY OF CLEARWATER, FLORIDA
_ Icy,.
Fem. ; whliam i Horne II
Aty+ot City Mangy
AppmwW as to form; Wit:
ftrvw" K. Alain nthis E. Gouda - -
City Mmmy City Clerk
The Law Ofkv of ,midis; PA,
By:
'• Item # 9
Attachment number 1
Page 3 of 5
LEGAL SM1i1,CES AGREEMENT
Barftw
" 'I W` OF C EAR ATER IFLOR1 (ft "Myl and low of L PA
WITNESSSITH,
V"R4 , 01ty v4oh" to MOO * `Ahh to rve tnW in, inn with
rtg to ' i ip h d4koo #w qw? 910 C' Of C
NOW, THEREFORE, In a WwaWn of t prorrti and mfr! WV60044
hwW Wired, the parfim here d hw*W agree u No :
S TLoN 1. AuTNt3Ri TjoN To moofto As ouN wr is
hmby asumorind to prow swvtm an dwcrbW in m for the
mad in this Agmvnent
SEGO 2. SCOPE i RNffC . fir" h by 09 to pmvift 46
p rwl senAm in aonnecdOn wdh ri m' wrnpan n clam as wAprwd by
ft city of aeamftr'
SECTION _ PROFESSIONAL FEES FOR SERVICES. T Cky Coun"
Vw to, a ra* of $135M per L r for attomay mvbss for sh is r W461 ate,
$i10.00 per hour for Wmisy se vim for erasoAate adomoys, and $75,00 for ponftal
swAm$Wd robs a fttisM to iwemeg wthirr ftw term 0 this agmmwnt by m M
mgrewneM between x . # and Risk Man meM and ft is agreed bowmen Ram
OW a r*% ire nwed not r e ex+ecr rti of a row a .re. enwA, it is r d 1
twjiiy n ft will be p l daft aftneW tael t whm tm4 is ra+q rd durm
re* n of the ctly ur r this raar nL #iraary kcal tr i to and from
Coursaft office Is not Included In travvW time to be mwnbur d,
SECTION 4. TEL . This re mit WHI be Ltr Jwu" 1, 2W9 to
Dscan%w 31, 2041.
SECTION 5. COMPENSABLE EXPENSM R bur rrt of shag
bb meft t the frm flor r anab a out-o&qoc ,d am by
the City y v ftw gip, inalUdI but not "Red to d
fbawrAm, amovor reodumv documu ft, Poe", c oud oosu, pwlmV *5s% std
.
tmW keel by iaomsel in perk nm of the du' tw autAW. Trams and diem
waft as wad as auto, tts? l w"maft shag riot ax d I W which is awsW* to Cl of
SEC110N S. INDEMNIFICATION AND INSURANCE. u el agrees to per,
doWnd, hdww* w-wd hold the City aid ft afficerS, a and saw* fte and
harotm from ' any all h, pwa , , , ,
durqw, pro imvi fees or hex experwes or kabilitim of ex" kind IM
wieft out of or due to arrp negilgem ad or off*wion of art or NO ompkTm In
1
Item # 9
Attachment number 1
Page 4of5
rodion yr or wing dWecffiy or indkoctly out of this > are6mnt for tl
p n* h rf: bout 1'ttn ing ft llability under M CQur J WWI
prowm and rnairvk*i duff ffe of this dement pr i l lia RLY imuran in
an amount in exoses of $1,000,000. Th* provision shall suriNa the terrifmation of this
eemwd.
SECMN 7. GON FLtCT OF INTEREST. It and ood by the City Counsel
t Owr l is not aria of ar°iy diems of firm that auriv punt conflict
bowew t of tI Chi and other its of CourmwL If any potential tad of
dtaina t tl Counsel Is representing t City, COMW VAN promptly
kOom tk city. T MY is under no oblioafton to me to permit 0* confer
SECT" €#. CONSTRUCTION AND AKWNDMENTS. This r rnerit shall be
oovomqd by and oorwfted in accordance with the lam of the State of Ftt bids. This
AWeernart may be arm oily by a wftM duly end into by the City and CourseL
SECTION 9. CAN CMA-ATION Of AGREEMENIT. The City or Counsel may
caftd or twTfinr 'ti rat upon ten days advance wrdtan notice to CourxW. In
rt of cantoal ion, Counsel sha l immediately cease work launder shall and be
mirnbursed for efi9ble and docu d reirnbursable fees and expertws incurred prior to
of concept. Fur# , ii Is and tc d and agreed begin the City and
OourAW #W Mark E Hun , Esquire, will be the lead attoffwy rred by trio fib to
pm** 0* serAces oontained herein. The C* in absolute d1wefm nay
: * tefrh a Ode Agr nt upon written notes to the firm if the services of th
am" sm uunwW" W City.
SECTION 10. ATTORNEYS FEES. In the evarrt that e r lam seela to
Sys st law, then flie par iagree that each party
*hog rr ft own cosft mid that j d' an for swh an won shaft be in a court of
owtVoWd ?iWw in Pines Cam, Florida-
IN ITNE38 WHERE-01F, the City and Counsel have emcutied this eft as
of I d ,W wr en above.
GITY OF OLEARWATER, FLORIDA
!V„
,k -11611:;OM
lr
2
By;
wflt m B: Horne li
City mansaw
Item # 9
Attachment number 1
Page 5 of 5
Approved as to fbrm: Att:
K. 9fn ynthia E. Gc eau
C* Athxn 04 CIO*
Banker Lopez GwmW PA
l3y:
Item # 9
' l City Council Agenda
Council Chambers - City Hall
Meeting Date: 12/4/2008
SUBJECT / RECOMMENDATION:
Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years
2008/09, 2009/10, and 2010/11. (consent)
SUMMARY:
The most recent collective bargaining agreement between the City of Clearwater and CWA Local 3179 expired on September 30,
2008. City management staff and representatives of CWA Local 3179 met beginning in August of 2008 to negotiate a new
contract. The parties reached a tentative agreement on November 6, 2008. The Union submitted the proposed agreement to its
membership who ratified the agreement by a vote of 191 to 178 on November 20, 2008. The cost associated with the
implementation of this agreement is anticipated to be approximately $813,260 in the first year of the contract, with approximately
$364,635 being incurred by the General Fund. Additional costs in the form of future wage increases will be the subject of
subsequent negotiations in years two and three.
This is a three-year agreement providing for a 2.5% merit increase in the first year for all bargaining unit personnel, and
establishing re-open terms to negotiate merit increase amounts for the second and third years. The agreement also clarifies rules
regarding hours of work, establishes new alternate duty and absence management provisions including a reduction in the maximum
accrual of sick leave for new employees from 1560 hours to 1040 hours, and modifies the City's Performance and Behavior
Management Program to allow for unpaid disciplinary Decision-Making Leaves to be assessed for periods of one work day up to
twenty work days duration.
Review Approval: 1) Clerk 2) Human Resources 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
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AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
COMMUNICATIONS WORKERS OF AMERICA, Local 3179
FISCAL YEARS
2008-2009
2009-2010
2010-2011
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Item # 10
TABLE OF CONTENTS
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ARTICLE # TITLE PAGE #
Preamble .........................................................................................1
Article 1 Recognition ....................................................................................1
Included & Excluded Members ...................................................................1
Managerial & Confidential E mployees .......................................................1
General Provisions ........................................................................................ 2
Article 2 Representatives of Parties ..............................................................2
Article 3 Rights of Parties .............................................................................3
City's Management Rights ............................................................................ 3
Union Rights .................................................................................................. 4
Emergency Conditions ................................................................................. 6
Impact Bargaining .......................................................................................... 7
Article 4 No Strike .........................................................................................7
Article 5 Labor/Management Cooperation ..................................................7
Article 6 Grievance Procedure ......................................................................8
Definition ........................................................................................................ 8
Steps ................................................................................................................ 9
Arbitration ....................................................................................................10
Article 7 Personnel Practices ......................................................................12
Regular Work Hours ...................................................................................12
Appointments & Promotions ....................................................................13
Probationary Periods ...................................................................................15
Health & Safety ............................................................................................17
Paycheck Issuance .......................................................................................18
Article 8 Leaves of Absence ........................................................................18
Designated Holidays ....................................................................................18
Floating Holidays ......................................................................................... 20
Vacation ........................................................................................................ 21
Sick Leave ..................................................................................................... 24
Funeral Leave ............................................................................................... 29
Line-of-Duty Injury ..................................................................................... 30
Mlitary Leave ............................................................................................... 31
Jury Duty and Court Time ......................................................................... 32
Administrative Leave ................................................................................... 32
Leaves without Pay ...................................................................................... 33
Other Time Off ........................................................................................... 33
Union Time .................................................................................................. 34
Alternate Duty & Return to Work ............................................................ 35
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ARTICLE # TITLE PAGE #
Article 9 Wages & Compensation ...............................................................36
Salary .............................................................................................................. 36
Overtime ....................................................................................................... 37
Standby & Recall .......................................................................................... 37
Shift Differential .......................................................................................... 39
Acting Pay ..................................................................................................... 39
Training Differential .................................................................................... 39
Lea&urker Pay ............................................................................................ 39
Assignment Pay Differential ...................................................................... 40
Uniforms & Rain Gear ............................................................................... 40
Certification Pay .......................................................................................... 41
Replacement & Repair of Tools/ASE Certifications ............................. 42
Training and Career Development ............................................................ 42
Travel and NTileage ....................................................................................... 42
Commercial Drivers License ...................................................................... 42
Tuition Reimbursement .............................................................................. 43
Article 10 Insurance ...................................................................................... 43
Article 11 Performance & Discipline ............................................................44
Article 12 Drug & Alcohol Policy ................................................................. 44
Article 13 Retirement .................................................................................... 45
Article 14 Seniority, Layoff, and Recall ........................................................46
Seniority ........................................................................................................ 46
LaWff ............................................................................................................ 47
Article 15 Duration, Modification, & Termination ...................................... 48
Appendix A Alphabetical Listing of Represented Classifications ......................i
Appendix B Pay Range Tables ...........................................................................v
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PREAMBLE
The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the City , and
COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179, hereinafter referred to as
the Union , (PERC Certification Number 170), recognizing that the welfare and the best
interest of the City of Clearwater will be served by procedures which provide for an orderly
method for the City and the Union to bargain in good faith matters of common interest, do
hereby agree as follows:
ARTICLE 1
RECOGNITION
The City recognizes the Union as the exclusive bargaining representative for wages, hours and
other terms and conditions of employment for employees of the City of Clearwater, Florida, who are
members of the unit as herein defined
Included: Nonprofessional employees of the City of Clearwater (See Appendix for listing of
included job classifications).
Excluded: Department Heads; Division Heads; Managerial and Confidential Employees
within the meaning of Section 447.203 (4, 5), Florida Statutes; all Professional Employees within the
meaning of Section 447.203 (13), Florida Statutes; and all other employees of the City of Clearwater
not specifically included.
Section 1. Managerial Employees
"Managerial Employees" as defined in Section 447.203 (4), Florida Statutes, are employees who
have authority in the interest of the public employer, City of Clearwater, to formulate policy or are
reasonably required to assist directly in the preparation for and the conduct of collective bargaining, or
have a major role in the administration of agreements resulting in collective bargaining, or have a
significant role in personnel administration or employee relations and in the preparation and
administration of budgets and said roles are not of a routine, clerical or administrative nature and
require the exercise of independent judgment. Historically, these job classifications have been treated
as managerial within the foregoing criteria
Section 2. Confidential Employees
"Confidential Employees" as defined in Section 447.203 (5), Florida Statutes, are employees
who act in a confidential capacity to assist or aid managerial employees as set forth above and as
defined in the Florida Statutes; specifically said employees have access to and assist in the preparation
for collective bargaining, budget, and all have access to information dealing with the administration of
this contract, including the handling of grievances under the grievance procedure as set forth herein
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Section 3. General Provisions
This Agreement shall be governed and construed according to the Constitution and Laws of
the State of Florida. Accordingly, if any provisions of this Agreement or any application of this
Agreement to any employee covered hereby shall be found contrary to law, such provisions or
applications shall have effect only to the extent permitted by law, but all other provisions of this
Agreement shall continue in full force and effect.
No change, rescission, alteration or modification of this Agreement, in whole or in part, shall be
valid unless the same is ratified by the City and the Union and endorsed in writing.
The parties acknowledge and agree that, during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter included by law within the area of collective bargaining and that all the
understandings and agreements arrived at by the parties after the exercise of that right and opportunity
are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each
voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees
that the other shall not be obligated to bargain collectively with respect to any matter or subject not
specifically referred to or covered by this Agreement, whether or not such matters have been
discussed, even though such subjects or matters may not have been within the knowledge or
contemplation of either or both parties at the time that they negotiated or signed this Agreement. This
Agreement contains the entire contract, understanding, undertaking and agreement of the parties
hereto and finally determines and settles all matters of collective bargaining for and during its term
except as may be specifically otherwise provided herein
Section 4. A City or Department rule, regulation, policy or procedure now in existence in
conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or
procedure to be compatible with this Agreement.
Section 5. The parties agree to bargain proposed changes in the Cites Civil Service Rules
that deal with mandatory subjects of collective bargaining and any impact these changes may have
on bargaining unit members.
ARTICLE 2
REPRESENTATIVES OF PARTIES
The City agrees that during the term of this Agreement it will deal only with the authorized
representatives of the Union in matters requiring the mutual consent or other official action called for
by this Agreement. The Union agrees to notify the City in writing of the name of such authorized
representatives. Written notice of the replacement of authorized Union representatives shall also be
provided to the City Manager, and the City shall not recognize the designated replacement
representatives until 24 hours after having received such written notice.
The Union agrees that during the term of this Agreement it will deal only with the authorized
representatives of the City, to wit: the City Manager or his/her designees.
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ARTICLE 3
RIGHTS OF PARTIES
Section 1. Employees in the bargaining unit shall have the right to form join, and
participate in, or to refrain from j oining, forming, or participating in the Union Neither the City nor
the Union will discriminate agairist any employees in regard thereto.
Section 2. The City and the Union will not discriminate against employees in the unit
because of race, color, sex, age, national origin, disability, religion, marital status, or membership or
non membership in a union; provided, however, that this will not prohibit the City from establishing
bona fide occupational qualifications or taking other such actions as permitted by law if a charge of
discrimination by an employee against the City, its officers, or representatives is filed with any
appropriate agency having jurisdiction of such charge, said employee or the Union will not file or
pursue a grievance under Article 6 of this Agreement. If a grievance is pending at the time such a
charge is filed, it shall be considered withdrawn
Section 3. It is understood that the provisions of this Article embrace all rights of
employees covered by all federal, state, county and city laws and regulations.
Section 4. City s Management Rights
The City reserves, retains, and is vested with exclusively, all rights of management which have
not been expressly abridged by specific provisions of this Agreement. The exclusive rights of
management include, but are not limited to, the following.
A. to manage the City generally and to determine the issues of policy;
B. to determine the facts which are the basis of management decisions;
C. to determine the necessity or organization of any service or activity conducted by the City and
to expand or diminish services;
D. to determine the nature, manner, mean, and technology, and extent of services to be provided
to the public;
E. to determine methods of financing and budgeting
F. to deterine the types of equipment and technology to be used,
G. to deterne and/or change the facilities, methods, technology, means and size of the vmrk
force by which the City operations are to be conducted;
H. to determine and change the number of locations, relocations, and types of operations,
processes, and materials to be used in carrying out all City functions including, but not limited
to, the right to contract for or subcontract any work or operation of the City in accordance with
the practices follovwd prior to this Agreement;
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1. to assign work to and schedule employees in accordance with requirements as determined by
the City, and to establish and change wDrk schedules and assignments,
J. to relieve employees from duties for lack of work, lack of funds or any other non disciplinary
reasons;
K. to discharge, suspend, demote, or otherwise discipline employees for just cause,
L. to determine job classifications and to create, modify or discontinue jobs;
M to hire, transfer, promote, and demote employees;
N. to determine policies, procedures, and standards for selection and training
0. to establish productivity, programs and employee perfomuance standards including but not
limited to, quality and quantity standards and to require that such standards be followed;
P. to maintain order and efficiency in its facilities and operations;
Q. to establish and promulgate and/or modify rules and regulations and standard operating
procedures;
R. to otherwise take such measures as the City may determine to be necessary to the orderly and
efficient operation of its various operations, functions and services,
Section 5. Union Rights
A. Check-Off The City shall deduct dues twice per month in amounts as certified to the City by
the Secretary-Treasurer of the Communications Workers of America and will remit the
aggregate deduction so authorized together with an itemized statement to the Secretary-
Treasurer. Dues deductions will be remitted within 30 days from the date of the deduction on
a monthly basis. Changes in Union membership dues will be similarly certified to the City in
writing and shall be done at least 30 days prior to the effective date of such change.
Notwithstanding anything herein to the contrary, any authorization for dues deduction may be
cancelled by the employee upon 30 days written notice to the City and to the Union
The Union shall indemnify and hold harmless the City from any and all claims or demands and
expenses in connection therewith based upon the City's participation in dues deduction
Nothing contained herein shall require the City to deduct from a salary or be otherwise
involved in the collection of Union fines, penalties or special assessments.
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B. The Union shall have access to City conference rooms and other similar building facilities, if
available, for meetings of the Union in the same mauler as the general public. Hower, the
Union shall have access to available facilities, without charge, for meetings to ratify this
Agreement.
C. A copy of the official City Council agenda shall be made available to the Union
D. The Union shall be entitled to use four square feet of a designated bulletin board in each City
building or facility where the City maintains an employee bulletin board, provided said bulletin
boards shall be used for posting Union notices only and shall not be used for the purpose of
soliciting membership.
E . All permissible notices shall be signed by a duly recognized officer of the Union and may be
delivered through the City's departmental interoffice mail system The City agrees to accept
from the Union, review for appropriateness, and forward permissible notices via e-mail to a list
of vmrk sites and designated bargaining unit members as approved in advance by the City. The
City reserves the right to discontinue the use of e-mail for such purpose at any time if the City
determines that the approved and forwarded e-mail is not used for the intended purpose.
F. The Union President will be provided, on a quarterly basis or upon request, the names, and
home addresses, and such other data that is readily available from the City's information
database for all current employees of the City who are in the bargaining unit. The Union shall
have access to such names and addresses at any time pursuant to public records law, subject to
such fees as maybe proper in accordance with state law
G. The Union representatives shall be allovwd reasonable time off without loss of pay during their
regular shift hours for investigating grievances provided that, in the judgment of the
Departrnmt or City, the perfom-ance of this function by the Union representative shall in no
way interrupt the normal functioning of City vmrk assignments. The investigation of
grievances by Union representatives shall not be conducted in greater than 2-hour increments
per day. The Union agrees to guard against the use of excessive time for such activities which
are authorized by this Agreement. The Union representative will provide advance notice to
his/her supervision to allow planning arrangements to enable the Union representative time off
for investigative activity. When a Union representative desires to contact an employee in the
unit who has a complaint, he/she shall first obtain perry ssion from the employee's supervisor.
If permission is denied at that particular time, the Union representative will be infomled of the
reason for the denial. Hower, the denial of permission shall not be subject to the grievance
procedure. The Union representative will notify his/her supervisor upon his/her return to
vmrk The President of the Union, or the designee of the President, shall have the privileges
accorded to a Union representative.
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H. There shall be an average of one Union steward for each City department or one for each 35
employees in the bargaining unit. No division shall be assigned more than one Union
representative unless the Division has more than 35 employees, then one Union steward for
each 35 employees or fraction thereof maybe assigned
1. The City shall permit the Union to make a presentation to all new bargaining unit members at
the City new employee orientation Subject matter of the Union presentation and any Union
materials to be distributed must be approved by the City Manager or his/her designee.
Section 6. Miscellaneous
A. Shared Cost of Printing Agreement -- The City and the Union each agree to pay one-half of a
reasonable cost for printing copies of this Agreement in pocket booklet form for all employees
in the unit. If the City is unable to perform the printing or copying internally, the City agrees to
include up to three printers of the Unions choice in obtaining quotes for services in accordance
with City purchasing guidelines. The City further agrees to utilize the printer of the Unions
choice if such printer submits the lovvest bid, or provided the Union pays the difference in
copying costs betvweil that of the Unions printer and that of the printer submitting the lovvest
bid
B. Review of Personnel File -- On reasonable advance notice, employees shall be allovwd to
review their personnel files.
C. Participation in Charity Drives -- Employees are encouraged to participate in charity drives.
HoiAuver, no employees will be pressured by either party to this Agreement to contribute to
any charity.
D. Union Committees -- Certain committees of the Union may be allowed to meet during
normal vmrk hours, this time to be subject to approval by the City Manager's office. Such
committees and meetings shall not include preparation for bargaining.
E. Use of City Copying Equipment -- Cost to be paid by the Union for printing of Union
material. This material shall be non controversial in nature and subject to advance review by
the City Manager or his/her designee.
Section 7. If in the sole discretion of the City Manager or the Mayer it is determined that
civil emergency conditions exist or may exist, including, but not limited to, riots, civil disorders,
hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement maybe suspended by
the City Manager or the Mayer during the time of the declared emergency, provided that wage rates
and other direct monetary payments shall not be suspended Further, a discharge, suspension or
demotion occurring during such emergency may be pursued as a grievance upon the termination of the
emergency. The date of termination of the emergency shall be considered the first day under the
grievance procedure.
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Section 8. Impact Bargaining
The City and Union agree to bargain the impact of the exercise of Management Rights to
change wages, hours or terms and conditions of employment of any person covered by this
Agreement. The City will notify the Union of any proposal that may affect wages, hours, or terms and
conditions of employment prior to implementation The Union will notify the City in writing, within
30 calendar days, of the specific impact and the intent of the Union to bargain the impact of the
change. Failure to notify the City of the specific negotiable impact of a proposed change within the
time limit prescribed above shall constitute acceptance of the change on the part of the Union and the
City may implement the change at the end of the prescribed time limit. If timely notice is given, the
proposal shall not be implemented until resolution is reached The City and the Union will then
negotiate those impacts. In the event of an impasse on said bargaining, the parties agree the Special
Magistrate process is waived and the parties will proceed directly to the City of Clearwater Council for
final and binding resolution of the issues. The parties may call for a Special Magistrate upon mutual
agreement endorsed in writing.
ARTICLE 4
NO STRIKE AND OTHER UNLAWFUL ACTS
Section 1. The parties specifically incorporate herein the provisions of Florida Statutes
447.505, 447.507, and 447.509.
Section 2. In addition to the prohibitions and penalties prescribed in the aforementioned
sections of the Florida Statutes, the parties specifically agree that any individual employee engaging in
such activity may be immediately terminated in accordance with said Statutes. In addition, liability shall
attach to such individual employee as v >ull as the Union if the provisions of this section are violated
Section 3. Should the Union or any of its employees breach this Article, the City may, in
addition to the remedies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a
temporary injunction at an ex parte hearing.
ARTICLE 5
LABOR/MANAGEMENT COOPERATION
The Union recognizes and supports the concept of a Labor-Management Committee to
address city-wide employee concerns that are not specifically provided for by contract provisions and
to improve labor-management communications. Such a committee shall be established, to be
composed of six representatives selected by the Union and six representatives selected by the City.
Resource people, visitors, and a facilitator if necessary may attend Committee meetings upon mutual
agreement of the Union and the City. Rules and operating procedures of the Committee shall be
established and may be changed by mutual agreement of the City and the Union
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The Labor-Management Committee shall not be intended to bypass the grievance procedure.
The Committee shall have advisory pov >urs only but may propose standard policies and procedures to
be follovwd. city-wide. HolAuver, decision ma1mg responsibility shall continue to remain with line
management of the City and with line officers of the Union If such recommendations are adopted by
the City Manager, they shall not be applied to bargaining unit employees if they are in conflict with the
provisions of the CWA contract.
The City will fund the registration cost only for up to five Union members who are current
City employees to attend the Florida Labor Management Conference or a similar labor-management
conference or seminar within the state of Florida one time for each year of the Agreement. The
expenditures of any such funds made available by the City will require the mutual agreement of the
City and the Union
ARTICLE 6
GRIEVANCE PROCEDURE
It is the intent of this Article to provide a means for the fair, expeditious and orderly settlement
of disputes that arise under this Agreement betmen the Union and/or an employee and the City. All
employees and supervisory personnel should make every possible effort to settle differences at the
lowest possible step outlined in this Article.
Section 1. A grievance shall be defined as any difference, dispute or complaint regarding
the interpretation or application of the terms of this Agreement. Grievances may be filed by the City
or by an aggrieved employee through the Union Entrance probationary employees shall not have
access to the grievance procedure during the probationary period Grievances initiated by the City
shall always begin in Step 3, as hereinafter provided.
A class-action grievance may be filed by the Union if an action or dispute directly affects more
than one bargaining unit employee. A class-action grievance may begin at Step 3.
Section 2. No employee or group of employees may refuse to follow directions pending the
outcome of a grievance. Employees in the unit will follow all directives, even if such directives are
allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in
any way prejudice the Union and/or employee's right to file a grievance within the time limits
contained herein, nor shall compliance affect the ultimate resolution of the grievance.
Section 3. It is recognized and accepted by the Union and the City that the processing of
grievances is of utmost importance, and therefore grievances may be processed during employees'
normal vmrking hours without loss of wages when the absence of employees or supervisors involved is
reasonable and will not, in the judgment of the Department Head or City Manager or City Manager's
designee, be detrimental to the vmrk programs of the City. A grievant may be accompanied by a
Union representative at any time during the grievance procedure. The City will attempt to
accommodate all parties in the processing of grievances.
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Section 4. If an employee selects the grievance procedure, as hereinafter set out under this
Agreement, it is specifically understood that said employee has exercised his/her option granted by
Florida Statutes 447.401 and cannot thereafter process his/her complaint under any Civil Service
appeal procedure. Any employee presenting a grievance shall be referred to a Union representative
after which the Union will advise whether the grievance is meritorious for processing, and shall be
formally processed in accordance with the steps outlined below When the City is infornted by the
Union that it is representing an employee in the grievance process, the City shall not deal directly with
the employee throughout the process except at the employee's specific written request. The Union
shall be afforded the opportunity to be present at the resolution or determination of any grievance
involving a bargaining unit member.
Normal vmrking hours shall be 8:00 am to 5:00 p.m. on normal vmrk days which are Monday
through Friday, except holidays.
Step 1
Within 15 working days after such alleged violation is known by the grievant, the Union and/or
aggrieved employee will present the grievance in writing on the appropriate form to the employee's
division head and a copy to the City Manager or his/her designee.
The written grievance at this step, and at all steps thereafter, shall contain the information
specified on the grievance forms. Forms will be made available to employees by both parties.
Grievances submitted which do not contain the information required on the form shall be returned
to the Union and/or employee for completion The Union and/or employee shall be advised as to
why the form is not complete. This shall extend the required time for submittal of the grievance to
5 vmrking days from the time that the grievance is returned to the grievant. Upon acceptance of
the grievance, the grievance form may not be amended from the original written grievance at the initial
step of the grievance procedure except by mutual agreement of the parties.
The division head will arrange for a meeting with the Union and/or grievant within five
vmrking days after receipt of the grievance or failure of the parties to resolve the grievance informally.
A grievant may have a Union representative accompany him/her to the meeting with the division head
to whom the employee is responsible. Discussions shall be infornial for the purpose of settling
differences in the simplest and most direct manner. The division head will provide the Union and/or
the grievant with a written ansvwr on the grievance within five vmrking days from the date of said
meeting.
If the grievance is not resolved at Step 1, the Union and/or grievant, within ten vmrking days,
may appeal the grievance to Step 2.
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Step 2
If the grievance is appealed to the Departnicnt Director, the Departnicnt Director or designee
will arrange for a meeting with the Union and/or grievant within five vmrlang days after receipt of the
grievance. A grievant may have a Union representative accompany him/her to the meeting with the
Departnicnt Director or designee to whom the employee is responsible. Discussion shall be informal
for the purpose of settling differences in the simplest and most direct manner. The Departnicnt
Director or designee will provide the Union and/or grievant with a written ansxwr on the grievance
within five vmrlang days from the date of said meeting.
If the grievance is not resolved at Step 2, the Union and/or grievant may, within ten vmrlang
days, appeal the grievance to Step 3.
Step 3
If the grievance is appealed to the City Manager or his/her designee, the City Manager or
his/her designee will arrange for a meeting with the Union and/or grievant within 10 vmrlang days of
receipt of the grievance. Both the City and the Union and/or grievant shall have the right to include in
its representation such individuals as they deem necessary to develop pertinent facts. Discussion shall
be inforrnal for the purpose of settling differences in the simplest and most direct manner. Acting for
the City, the City Manager or his/her designee shall, within 21 calendar days, provide a written decision
to the Union and/or grievant after the hearings have been held If the Union and/or grievant is not
satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration
Step 4 Arbitration
A. Within 30 calendar days from the receipt of the decision of the City Manager or his/her
designee for a Union/employee initiated grievance, or failure to resolve a City-initiated
grievance as provided in Section 5, Nfiscellaneous, subparagraph "H" hereof, the party
requesting to arbitrate the grievance shall give written notice to the other of intent to arbitrate
and shall at the same time request a list of seven arbitrators from the Federal Mediation and
Conciliation Service. For Union initiated grievances involving suspension, demotion, or
clismissal, the time limit for requesting arbitration shall be 90 calendar days following receipt by
the Union of the City Manager or designee's decision Each party shall have the right to
unilaterally reject one list of arbitrators received from FMCS. Thereafter, a list may only be
rejected by mutual consent of the parties.
B. Within 10 calendar days after receipt of the list of arbitrators, the Union and the City shall meet
and each strike three names therefrom with the party presenting the grievance strilang the first
name and the parties alternating thereafter, the remaining name to designate the arbitrator.
C. As promptly as can be arranged the arbitration hearing shall be held The arbitrator shall
arbitrate solely the issue presented and shall not have the authority to determine any other
issues not submitted to him/her. The arbitrator, in rendering his/her decision, shall confine
his/her decision to the grievance in question and he/she shall not have the authority to add to,
take away from alter or amend any provision of this Agreement.
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D. The decision of the arbitrator, insofar as it is in conformance with paragraph "C" herein above,
shall be final and binding on the aggrieved employee, Union, and City.
E. The expense of the arbitrator shall be borne equally by both parties, except that if either side
desires a written transcript, such side shall bear the costs thereof. Expenses in connection with
attendance of participants and witnesses for any party shall be paid by the party producing such
participants and witnesses.
F. Any decision of the arbitrator shall not be retroactive more than 15 vmrking days prior to the
date the grievance was submitted The City will incur no liability for back pay more than 30
days following the arbitration hearing.
Section 5. Miscellaneous
A. The parties will cooperate in the investigation of any grievance, providing all pertinent
information as maybe requested for the processing of a grievance.
B. No reprisals of any kind shall be taken against any party in interest participating in the grievance
procedure.
C. No record dealing with the processing of a grievance shall become a part of the personnel files
of individual employees, hovwver, ultimate records of adverse actions agm-ist employees may
be included in personnel files.
D. No employee shall be required to discuss a written grievance if a Union representative is not
present.
E. In order to prevent the filing of a multiplicity of grievances on the same question of
interpretation or compliance where the grievance covers a question common to a number of
employees, it shall set forth thereon the names of the persons of the group and the title and
specific assignments of the people covered by the group grievance. In such event, the Union
and/or one employee shall be designated by the group of employees to act as the grievant.
F. Grievances arising at a step other than Step 1 shall be processed in the same mauler except
that the grievance will be initiated with the appropriate City admirustrator or his/her designee
rather than with the division head or department head Grievances relating to suspension or
dismissal shall be initiated at Step 3, however the Union shall be required to provide a copy of
any such grievance submitted at Step 3 to the employee's department head
G. It is specifically agreed that employees who claim to have been discharged unjustly shall be
subject to the foregoing grievance procedure, and if it is found that an employee has been
unjustly discharged, he/she may be returned to wmrk with pay for all time lost, provided that
discharge or other disciplinary action taken with respect to any probationary employees is
expressly excluded from this paragraph
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H. Where any provision of this Agreement involves responsibility on the part of the Union that, in
the view of the City, is not properly being carried out, the City may present the issue to the
Union as a grievance. If such grievance cannot be resolved by discussion betvveen the City and
the Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by
the Deputy City Manager, or his/her designee, and submitted in writing to the Union President.
If not resolved within 21 calendar days following receipt by the Union of the written grievance,
the City may submit the grievance to arbitration under the provision of this Article.
I. The time limits of a grievance at any level may be extended by mutual written consent of the
parties. If a grievant fails to submit or advance a grievance at any step in the process within the
prescribed time limit as defined above, the written determination received by the grievant from
the respondent at the prior step shall be considered accepted by the grievant, and the grievance
shall be considered resolved If the City fails to respond to a grievant at any step in the process
within the prescribed time limit as defined above, the Union may advance the grievance to the
next step in the process.
ARTICLE 7
PERSONNEL PRACTICES
Section 1. Regular Work Hours
A. The regularly scheduled Work v ek of the employees in the bargaining unit will be from 12:01
am. Saturday to midnight Friday. Employees' hours of vmrk excluding unpaid meal periods
will consist of the number of hours set forth opposite the respective job class titles in the
Official Pay Plan. Employees must obtain approval from a person of competent authority
prior to wmrking any hours outside of their established vmrk schedule, either before their
designated starting time or after their designated quitting time or during an unpaid meal period
B. The City shall determine and notify employees in advance whether their position shall be
scheduled an unpaid meal period or shall instead be paid for all scheduled hours and required
to take a meal during any period of non Wmrk time during the course of the wmrkday. The
determination will not be changed on a daily basis except When necessary due to operational
demands. The City shall determine at What time applicable employees will be required to take
an unpaid meal period Generally, the meal period will be scheduled in the middle of the vmrk
shift. Employees who are not scheduled an unpaid meal period will not be required to take their
meal during a 15 minute paid rest period When employees are required by the City to perform
actual job duties during any part of a meal period, they will be compensated in accordance with
applicable provisions of the Fair Labor Standards Act and this Agreement for any time wmrked.
All full-time employees shall be entitled to two 15-minute paid rest periods, one during the first
portion of their vmrk shift prior to the meal period and one after the meal period Full-time
employees who vmrk a partial day shall be provided one 15-minute paid rest period for each
four hours Wmrked If employees opt not to utilize such rest periods, the City shall not be
deemed to have violated this section Employees shall not have the right to accrue or otherwise
utilize rest periods to alter their work schedule. Paid rest periods must be taken in their entirety
and may not be subdivided into shorter increments.
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Part-time employees shall be granted meal or rest periods in accordance with the above and
based on the number of hours vmrked each day proportionate to a full-time employee in the
same job classification
C. When an employee is required by the Department Director to attend training or job-related
vmrkshops, such time spent in training shall be paid and counted as hours vmrked toward the
calculation of overtime. Meal periods shall not be included as such hours vmrked Hower, if
the time spent in training alone is less than the employee's regularly scheduled hours of VMrk
for the day, and it is not practical as detemrined by the employee's department for the employee
to report to vmrk before or after the training, the employee will be paid for the number of
his/her regularly scheduled hours for the day.
D. The number of days of vmrk in a specific vmrk v ek for employees in the bargaining unit may
vary betvwen four, five, or six days. Whenever practicable, each employee's regularly scheduled
vmrk vwek will consist of two days off per v ek, exclusive of overtime, standby, or recall. E ach
full-time employee and any part-time employee requesting such will be granted at least one day
off per vwek, exclusive of overtime, standby, or recall.
E. An employee's vmrk schedule will not be changed arbitrarily, and the employee will be given
reasonable notice consistent with the City's planning of its needs. Forty-eight hours will be
deemed reasonable notice.
F. Employees may request, and with the prior approval of their respective Department shall be
permitted to adjust or "flex" their hours of vmrk within a specific vmrk v ek
G. Employees are expected to be at their vmrk station and prepared to vmrk at their appointed
starting time. Employees will vmrk until released by competent authority and will not leave
their vmrk station or locations before their appointed quitting time. Employees will not be
docked pay for the first six minutes (1 /10 hour) after their appointed starting time. E mployees
will not be paid for periods of vmrk performed in increments of less than six minutes (1/10
hour).
Section 2. Appointments & Promotions
A. All appointments to positions in the bargaining unit shall be made on the basis of merit and
fitness for the position to be determined as far as practical and possible by competitive
examination under the policies and practices of the Human Resources Departrre1t.
Employees may review their own respective examination results upon request. The Union
local president or designee (excluding any examination participant) shall be permitted to review
individual examination results upon request and take such notes as necessary for the purpose of
determining whether to file or pursue a grievance.
B. Examination announcements for competitive exams will be provided to each City Department
for posting at each appropriate vmrk location at least 10 vmrk days prior to the filing deadline.
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C. The City agrees to use to the maximum extent the skills and talents of existing employees in the
unit in order to achieve the resulting benefits of higher morale and reduced turnover. In filling
positions in the unit, the City will give concurrent consideration to persons in and outside the
unit, but all other factors being substantially equal, will fill such positions by selection from
eligible candidates in the unit. This shall not preclude the City from giving promotional
examinations restricted to City employees.
D. Promotional Lists -- The names of all persons who may be ]awfully appointed and who shall
have attained a passing grade on any promotional or open competitive examination shall be
placed on the appropriate promotional list.
E. Duration of Eligibility -- All bargaining unit members appearing on appointment eligibility
lists shall remain eligible for a period of five years from the date of the establishing of the
member's name on the appropriate list. Bargaining unit members appearing on reemployment
eligibility, lists shall remain eligible for reemployment for a period of one year from the date of
separation
F. Removal of Names from Lists -- Names of eligibles shall be removed from appropriate
eligible lists by operation of any of the following.
1. Appointment through certification from such list to fill a permanent position
2. Declination of Appointment: Failure to respond to any inquiry of the Human Resources
Director regarding availability for appointment.
3. Separation from the City service of an employee on a promotional list.
4. Disability (in accordance with the Americans with Disabilities Act) that prevents the eligible
from performing satisfactorily the duties of the position
5. Determination by the Human Resources Director that the eligible has been found to lack
any of the established qualifications for the position
G. Types of Appointments -- All vacancies in the bargaining unit shall be filled by appointment
from the appropriate eligibility list, as determined by the Appointing Authority and the Director
of Human Resources. Selection criteria shall be developed by the City and revievwd by the
Human Resources Department. Such criteria, including relevant qualifications and seniority as
described in Article 14, Section 1,B, shall be noted on the job announcement at the time of its
posting. Action plans more than bAD years beyond successful completion shall not be
considered as factors in any appointment decision involving an existing employee. An
employee who is not selected for promotion shall be afforded, upon request, a meeting with the
respective hiring department and/or Human Resources to be provided an explanation of the
selection criteria and the manner in which it was applied, and including a review of areas
whereby improvement may make such employee better qualified
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H. Promotions -- Whenever an employee having regular status successfully competes in an open
competitive examination and receives an appointment to a class of a higher level, such
appointment shall be considered a promotional appointment. A class of a higher level shall be
deemed to be one having a higher maximum rate of pay.
1. Order of Certification -- The Human Resources Director shall determine the order of
certifications which may be by test score, alphabetically, by special qualification or as otherwise
detem-ined appropriate.
J. Temporary and Emergency Appointments
1. Whenever there is need of an employee for a temporary period, not to exceed one year, the
Human Resources Director shall certify the names of persons on the appropriate eligibility
list. The acceptance or refusal by an eligible of a Temporary appointment shall not affect
his/her standing on the eligible list.
2. When it is impossible or impracticable to fill a position or when an eligibility list does not
currently exist for a position classification, the Appointing Authority and the Human
Resources Director may appoint any qualified person to such position via an Emergency
Appointment without competitive examination
3. In the event that an Emergency appointment is made for the purpose of filling a regular
vacancy when no current eligibility list exists, the Human Resources Director shall schedule
an examination for the appropriate classification within 120 calendar days in an effort to
establish a promotional or original appointment list. If an emergency appointment is made
for the purpose of filling a position due to temporary absence of regular employees or
because of an excessive wmrk load expected to be of short duration, the Human Resources
Director shall not be required to schedule an examination for that position classification
4. The Union shall be provided monthly or upon request a list of all current Emergency
Appointments.
K. Probationary Periods
1. All persons initially employed or promoted to, or within, the bargaining unit shall have to
serve a probationary period During the probationary period, management shall observe
and review the employee's job performance, attendance, attitude and adherence to
Department and City requirements and such other factors as in the City's determination are
important factors to consider with respect to continuing the employee in the position
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2. The probationary period shall consist of six consecutive months or the equivalent;
provided, hovnever, that the City may extend such probationary periods for up to three
additional months. Regular part-time employees shall be required to complete 1040 hours
of actual vmrk in a class which has a normal full time vmrk schedule of 40 hours per v ek
or of completing 975 hours of actual vmrk if employed in a class which has a normal
full time vmrk schedule of 37-1/2 hours per vwek, provided that in no event shall such
regular part-time employee be deemed to have completed a probationary period in less than
six calendar months.
3. Determination that the employee has not successfully completed the probationary period
shall be made by the City. The promotional probationary employee who does not
successfully complete the probationary period may have his/her probationary period
extended for up to three months, or shall have the right to be returned to the employee's
former position at any time up to five vmrk days following the completion of the
employee's first month probationary perfommance review, or may be re-assigned subsequent
to five vmrk days following the completion of the employee's first month probationary
perfommance review to another position at the same or lov >ur level for which the employee
is determined to be qualified and with no loss of pay from the employee's position prior to
promotion; provided many case that there is no cause for dismissal. Employees who take
advantage of the opportunity to revert to their position held prior to promotion within the
requisite time period of up to five vmrk days following the completion of their first month
promotional probationary review shall have their annual performance evaluation date
returned to the date that was effective prior to the promotion rather than the date of the
return to the former position or voluntary demotion The entrance probationary employee
who does not successfully complete the probationary period may have his/her probationary
period extended for up to three months, or shall be separated from employment.
4. Time served during a Temporary appointment in the same job class immediately preceding
regular employment status shall be credited toward the time required to be served in the
probationary period in the same Department and the same division
5. In the event that an employee is for any reason absent from duty for an accumulated period
of scheduled vmrk hours equivalent to more than nine vmrk days prior to the completion of
the probationary period, all such time off may be used to extend the prescribed
probationary period
6. If a promotional probationary employee has committed a serious infraction which warrants
dismissal, then the employee shall be dismissed and not returned to his/her former
position
7. Any newly hired employee who is separated during or at the end of the expiration of the
probationary period, or newly promoted employee who is returned to his/her former
position, shall have no right of appeal or grievance relating to such action
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L. Job Classification Review
An employee, for good and sufficient reasons, may request a review for a change in
classification Such request shall be submitted in writing to the employee's department director
first. The department director shall review the request and send it, with his/her
recommendation, to the Human Resources Director for review as to its justification The
Human Resources Director shall review the request and recommend to the City Manager or
designee the appropriate action The decision of the City Manager is final and binding.
Section 3. Health & Safety
A. The City and the Union will cooperate in establishing a sub-committee of the
Labor/Management Committee with the continued objective of eliminating accident and health
hazards. This committee will meet on a regular basis and may make written recommendations
to the City regarding unsafe conditions or ideas for City safety. The City will consider written
recommendations from the committee and will implement solutions to these conditions where
practicable or shall appear before the committee or provide a written response as to why said
solutions are not practicable. The committee will not be utilized to determine fault or to reach
any conclusion or determination regarding potential disciplinary action
B. The City will provide any safety equipment and devices for employees engaged in vmrk where
such special devices and equipment are necessary and are specifically required by the City.
Employees not utilizing safety equipment which is specifically required by, and furnished or
paid for by the City, shall be subject to denial of vmrk and/or disciplinary action
C. Employees will not suffer any position penalty nor be financially responsible for damage to City
properly occasioned by accident which is not caused by negligence.
D. The City shall continue to maintain a cleanup room with sanitary shov?ers for the use of all
employees whose employment presents a threat of disease due to their exposure to unsanitary
conditions in those areas where it is currently doing so. If the Union believes that new
locations or areas exist which they feel should have cleanup rooms with sanitary shov?ers for
use by employees, they shall advise the City at a Labor-Management meeting and the City shall
initiate a review of the need
E. The City agrees to periodically review the availability of discount programs through third parties
for employees who wish to purchase safety equipment not required and provided by the City.
F. No employee shall be required to vmrk more than 16 hours in any day, except in an emergency.
G. The City shall provide free access for all bargaining unit members to any City recreational
facility. Additional fees for programs conducted at such facilities shall be borne by the
employee. It is understood by all parties that the decision whether to use such facilities is
completely voluntary on the part of the bargaining unit members, and time spent using such
facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such
facilities be compensable under vmrkers compensation
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Section 4. Paycheck Issuance
Paychecks shall be available to be issued to employees at the start of their respective workdays
on the same day that the paycheck is dated Employees may elect to receive the entirety of their
pay in standard hard copy paycheck format or through direct deposit by electronic transfer, and
will not be pemhitted to split their pay between. the twD mediums.
Section 5. Communications
Employees shall be prohibited from engaging in any form of wmrk related communication that
may be considered compensable during any unpaid hours outside of their scheduled wmrk hours
without first obtaining approval from a person of competent authority. This includes the use of
City issued cell phones and lanoline City wmrk phones, direct-connect communications (push to
talk or w kie-talke), text messaging, radio communications, and the use of a City computer or
remote access to the City computer system (including e-mail). Employees shall not use their
personal communications devices for non-emergency communications during wmrk hours except
for paid breaks and meal periods. Such personal communications shall be of short duration,
conducted in a safe manner, and shall not adversely impact operations. Violation of these
provisions shall be considered grounds for discipline.
ARTICLE 8
LEAVES OF ABSENCE
Section 1. Holidays
A. Designated Holidays
The following days shall be observed as designated holidays for regular full-time and part-time
employees.
NewYear's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Note: Emergency, Temporary, temporary part-time, and other non regular employees shall not
receive holiday pay.
1. Regular part-time employees shall be eligible to receive holiday pay at a prorated amount
based on 20% of the weekly average of the employee's annual budgeted hours.
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2. When a City designated holiday falls on Saturday, the preceding Friday shall be designated a
substitute holiday and observed as the official holiday for the year for non shift employees.
When a City designated holiday falls on Sunday, the following Monday shall be designated a
substitute holiday and observed as the official holiday for that year for non shift employees.
All designated holiday pay considerations are applicable to the designated holiday.
3. Designated holidays which fall on an employee's regularly scheduled VMrk day shall count
as hours actually vmrked for the purposes of calculating overtime. The City shall not
arbitrarily adjust wmrk schedules to preclude a designated holiday from falling on an
employee's regularly scheduled vmrk day.
4. Employees who are required to wmrk on a designated holiday shall receive time-and-one-
half their regular pay for all hours actually wmrked on the holiday plus holiday pay at the
employees' regular rate of pay.
5. An employee scheduled to wmrk a designated holiday and who, without notice and valid
reason therefore, in the judgment of the City, fails to report for such vmrk, shall forfeit
holiday pay as v Ml as losing regular pay for the number of hours he/she wmuld have
vmrked.
6. Employees on vacation leave, jury duty, sick leave and other absences from duty but on a
regular pay status on the day the designated holiday is observed must use the holiday on the
same day that it is observed
7. An employee must wmrk or be in a paid status on his/her regularly scheduled wmrk day
inyriediately preceding and on his/her regularly scheduled wmrk day inyriediately following
a holiday to be entitled to any compensation for the holiday. Employes who are absent
from vmrk in a non pay status (such as an employee receiving Workers' Compensation who
has exhausted the q ury benefit and sick leave, leaves of absence without pay, etc.) on either
their regularly scheduled wmrk day inunediately preceding or ima-ediately following the
designated holiday shall not be paid for holidays falling within such periods.
8. If an employee calls in sick in accordance with established notification requirements when
scheduled to vmrk on a designated holiday, the employee shall receive holiday pay
equivalent to the number of hours the employee is scheduled to wmrk on the holiday and
shall not be charged sick leave.
9. Pay Procedures for Designated Holidays
a) Procedure when holiday falls on employee s scheduled work day and employee
takes the day off Employees receive holiday pay equivalent to the number of hours
the employee is scheduled to vmrk on the holiday in addition to pay for all hours
worked the remainder of the work" ek
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b) Procedure when holiday falls on employee s scheduled work day and employee
works part of the day, works the respective normal full work day, or works
overtime beyond the respective normal full work day: Employees receive holiday
pay equivalent to the number of hours the employee is scheduled to wmrk on the
holiday and are paid tine-and-one-half for hours actually wmrked on the designated
holiday.
c) Procedure when holiday falls on employees regularly scheduled day off
E mployee may elect to receive holiday pay equivalent to 20% of the employees' weekly
average budgeted hours which will not count as hours actually wmrked for the purpose
of calculating overtime in addition to pay for all hours wmrked the remainder of the
wmrk vuek, or may elect to designate as a holiday his/her regularly scheduled wmrk day
which innryediately precedes or inwediately follows the City designated holiday within
the same pay vwek, in which case the employee will receive holiday pay equivalent to the
number of hours the employee is scheduled to wmrk on that day, and such hours for
holiday pay wmuld count as hours actually wmrked for the purpose of calculating
overtime.
B. Floating Holidays
In addition to the designated holidays above, employees shall be entitled to up to three floating
holidays per payroll calendar year. Employees receive floating holiday pay equivalent to the
number of hours the employee is scheduled to wmrk on the floating holiday in addition to pay for
all hours wmrked the remainder of the wmrkweek Regular part-time employees shall be eligible to
receive floating holidays at a prorated amount based on 20% of the v >uekly average of the
employee's annual budgeted hours. Floating holidays may be utilized in full day increments only,
regardless of the number of hours the employee is scheduled to wmrk on the day the floating
holiday is utilized Floating holidays shall count as hours wmrked for the purpose of calculating
overtime.
1. Designated holidays or any day an employee is not scheduled to wmrk may trot be selected as
a floating holiday.
2. Floating holiday requirements for newhires areas follows:
a) No employee may utilize floating holidays until 60 calendar days after his/her date of
employment.
b) Any bargaining unit member employed betw> m January 1 and March 31 shall receive
three floating holidays to be utilized during the calendar year of hire.
c) Any bargaining unit member employed between April 1 and June 30 shall receive bAD
floating holidays to be utilized during the calendar year of hire.
d) Any bargaining unit member employed beNwum July 1 and September 30 shall receive
one floating holiday to be utilized during the calendar year of hire.
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e) Any bargaining unit member employed on or after October 1 shall not receive any
floating holidays during the calendar year of hire.
3. Floating holidays may not be carried over from one calendar year to another and, if not
taken, are forfeited, except that when a Department cannot schedule a floating holiday
requested more than thirty days prior to the end of the payroll calendar year or cancels a
previously scheduled floating holiday due to City vmrk needs, the floating holiday may then
be taken within 60 calendar days of the new calendar year. An employee may not request
any carryover of floating holiday time.
4. Floating holidays are scheduled at the mutual convenience of the employee and the
respective Department. Generally, 48 hours shall be considered reasonable notice for
requesting the use of floating holidays. Hower, the respective Department Director or
designee shall have the sole discretion to approve such requests if practicable when
provided with less than 48 hours notice.
5. Upon an employee's separation from the City, the employee will receive a lump sum
payment at the employee's current base rate of pay for his/her remaining floating holiday
balance, or if retiring may use such balance to advance the date of retirement.
Section 2. Vacation
A. Vacation Accrual
Vacation Accrual for 37.5 Hour Employees
Years of Service Biweekly Accrual Vacation Days
0 2.885 0
1* as of anniversary date 2.885 10
2 2.885 10
3 3.173 11
4 3.462 12
5 3.750 13
6 4.039 14
7 4.327 15
8 4.327 15
9 4.327 15
10 4.615 16
11 4.615 16
12 4.904 17
13 5.192 18
14 5.192 18
15 5.481 19
16 and over 5.769 20
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Vacation Accrual For 40-Hour Employees
Years of Service Biv >uekly Accrual Vacation Days
0 3.077 0
1* as of anniversary date 3.077 10
2 3.077 10
3 3.385 11
4 3.692 12
5 4.000 13
6 4.308 14
7 4.615 15
8 4.615 15
9 4.615 15
10 4.923 16
11 4.923 16
12 5.231 17
13 5.538 18
14 5.538 18
15 5.846 19
16 and over 6.154 20
B. Maximum amount of vacation leave that maybe accumulated is 240 hours.
C. The vacation year shall be the payroll calendar year.
D. Vacation leave will accrue on a biweekly basis and will be pro-rated according to hours in a paid
status and excluding overtime, standby, recall or call back hours, or any hours paid by vmrkers
compensation
E. The borrowing or advancing of vacation leave prior to its accrual is prohibited
F. Employees must be employed for six calendar months prior to requesting the use of vacation
leave.
G. New employees who fail to complete six calendar months of service are not paid for any
accrued vacation leave.
H. All employees must be granted a minimum of two weeks vacation per calendar year if properly
requested by the employee in accordance with Department vacation selection procedures.
Vacation leave may not be carried in an amount above the vacation cap. If vacation leave in
excess of the cap is not taken, it is forfeited, except when a Departrre1t cannot schedule or
cancels previously scheduled vacation time due to City work needs. The canceled vacation time
must then be taken within 60 calendar days of the scheduled vacation date. No other granting
of any carryover of vacation time above the vacation leave cap is permitted
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1. A period shall be established for the purpose of vacation selection, known as a vacation pick
This period shall be the first two work vweks in the month of December each year. All
employees will have the opportunity to submit their vacation requests for up to the number of
hours that the employee currently accrues annually for that calendar year only. Management
will review these requests and determine their operational needs and staffing requirements.
Management will grant the requests that do not interfere with the operations of the City.
Hower, an employee who is approved for time during the vacation pick process and then
does not have accrued vacation hours to cover the time when it arrives may be denied vacation
requests exceeding the amount of vacation hours the employee has accrued at the time of the
following vacation pick period If more than one person requests vacation that conflicts with
staffing needs of the City, the conflict will be decided on the basis of City seniority, except that
an employee who voluntarily changes schedule or shift after the completion of the vacation
pick process shall not be given precedence over another employee on the new schedule or shift
who has already obtained approval for vacation on the same day. After the end of the vacation
pick, any request for vacation shall be based on "first come, first serve." Seniority of a
bargaining unit member shall not be used to revoke vacation leave or other time off for which a
department has granted prior approval to another bargaining unit member with less seniority.
J. In the event an employee is promoted, demoted or transferred from a full time position to a
full-time position with greater or lesser bivwekly hours, such employee's then accrued vacation
hours shall be adjusted, as appropriate, to reflect the equivalent vacation days.
K. Regular part-time employees shall have vacation accrual prorated each payroll period based on
the actual hours in a paid status.
L. Regular full-time employees who normally wmrk a schedule inconsistent with the 5-day, 37-1/2
or 40 hour wmrk schedule, shall accrue paid vacation on a schedule proportionate to subsection
A above based on the applicable biweekly schedule.
M Upon separation from the City service, employees shall be paid at their respective current base
rate of pay at the time of separation for the unused portion of vacation leave for which they
may at that time be eligible, or if retiring may utilize such remaining vacation leave balance to
advance the date of retirement.
N. If service requirements permit, employees may, with reasonable notice and the approval of their
respective Departmmt, use their accrued vacation in increments of tenths of an hour. 48 hours
shall be deemed reasonable notice. However, the respective Department Director or his/her
designee shall have the sole discretion to approve such requests if practicable when provided
with less than 48 hours notice. The application of this paragraph shall not be subject to the
grievance procedure.
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Section 3. Sick Leave
A. Sick Leave Accrual
1. Employees shall accrue sick leave each payroll period prorated based on regular hours in a
paid status and excluding overtime, standby, recall or call back hours, and any hours paid by
vmrkers compensation Employees assigned to a 40-hour vmrk vwek shall accrue 3.693
hours of sick leave on a biv ekly payroll basis. Employees assigned to a 37.5 hour VMrk
vwek shall accrue 3.462 hours of sick leave on a bivwekly payroll basis. Note: E mployees
earn 12 days per payroll calendar year.
2. Regular part-time employees shall be eligible to receive sick leave at a prorated amount
based on hours in a paid status in accordance with the above.
B. Sick Leave Accrual Caps
Employees hired prior to October 1, 2008 may accumulate up to 1,560 accrued hours.
Employees hired effective October 1, 2008 or later may accumulate up to 1,040 accrued hours.
C. Sick Leave Balance Transfers and Restoration
1. Sick leave balances are restored to an employee recalled from layoff or returned from a
leave of absence.
2. Sick leave balances remain the same upon transfer to another Department or classification
with the same hourly vmrk v ek
3. Sick leave balances are converted to equivalent days if an employee changes classification to
that with a different hourly vmrk vwek (i.e., 40-hour vmrk vn ek to 37-1/2 hour vmrk v >eek
and vise versa).
4. No sick leave balances are restored after a break in service. An employee will have a break
in service if the employee is rehired by the City six months after the date of resignation or
retirement or one year after a layoff. Authorized leaves of absence, suspensions,
reinstatements after disability retirement or dismissal, and layoffs of less than one year will
be counted as continuous service and shall not be a break in service.
D. Calculation for Use of Sick Leave
1. Sick leave may be authorized in increments of tenths of an hour.
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E. Authorized Use of Sick Leave
Sick Leave usage shall be authorized for the following absences:
1. Due to personal illness or physical incapacity.
2. Due to exposure to contagious disease in which the health of others wmuld be endangered by
the employee's attendance on duty.
3. Due to dental appointments, physical examinations, or other personal sickness prevention
measures.
4. Due to illness of a member of the employee's irnn-ecliate family that requires the employee's
personal care and attention "Immediate family' shall mean parents, step-parents, children,
step-children, grandparents, grandchildren, brothers, sisters, present spouse of the employee
and the "immediate family" of the employee's spouse, or other family member living in the
employee's immediate household
Employees found to be utilizing Sick Leave for any reason other than those stated above shall
be subject to disciplinary action up to and including termination
Employees shall be authorized to use Sick Leave as it is accrued. Employees' requests for sick
leave to be used for doctor's appointments shall be submitted with at least 24-hour notice, except
the requirement shall be waived where the employees is able to demonstrate to his/her department
director an emergency exists. The employees' respective department reserves the right to not
approve such requests when advance notice is not provided or the employes' absence will
adversely affect operations. Employees shall be required to notify their immediate supervisor or
management representative to request approval for sick leave each day that they are absent, except
that an employee who has been approved for a continuous FMLA absence only shall be required
to comply with the reporting procedures outlined in the City's FMLA Policy instead Such
notification requests shall be provided through personal contact, except where the employee is able
to demonstrate this is not possible. Failure to obtain approval for sick leave from competent City
authority shall result in any such time being considered an unauthorized absence and in the denial
of paid sick leave.
Employees may voluntarily submit acceptable evidence such as a certificate from a medical
doctor to substantiate the reason for requesting Sick Leave, or they may be required to do so when
requested by their respective departments director if he/she has reason to question the legitimacy
of the absence. A valid doctor's certificate shall be a written, typed, or printed statement from the
doctor specifying the date(s) of visit/consultation with the doctor, the date the employee is
authorized to return to vmrk, any conditions or limitations imposed by the doctor, and the
signature of the doctor or his/her designee. The City reserves the right to substantiate the
legitimacy of any certificate submitted by an employee as evidentiary reason for the use of Sick
Leave.
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When an employee has a documented serious health condition, the City shall provide the
employee with Family and Medical Leave Act request forms to be completed by the employee's
physician, which maybe used to authorize use of Sick Leave in accordance with the terms of the
Act. If approved, the completed FMLA forms shall be utilized to relieve the employee from the
requirement to provide a doctor's certificate for one initial continuous absence only.
Employees who utilize sick leave maybe required to undergo fitness for duty or maximum
physical capacity examination in order to determine the employee's ability to return to vmrk in
the same job classification or whether the employee may require a reassignment upon return to
vmrk All such leaves shall be administered in accordance with the Family Medical Leave Act
where applicable.
F. Payment for Unused Sick Leave
1. Upon separation from the City service, an employee shall be paid for one-half of his/her
accumulated unused sick leave up to a maximum payout of 520 hours for employees with a
1,040 hour cap or 780 hours for employees with a 1,560 hour cap, or may use such amount of
sick leave to advance the date of retirement. The rate of payment shall be based on the current
base hourly rate (excluding shift differential or any other addition to base pay) of the employee
on the last day worked prior to separation The hourly rate will be adjusted in accordance with
base biweekly pay if the employee is on a vmrk schedule other than 40 hours per week The
employee may request that one-half the payment for unused sick leave be made at separation
and one-half the payment be made in the first payroll period in the next calendar year. The
payment will be made provided:
a) The employee is retiring on City Pension
OR
b) The separation is involuntary on the part of the employee including disability (incurred on
or off the job) and layoffs.
OR
c) The employee's estate shall receive payment if an employee dies.
OR
d) The employee is eligible to retire under Federal Social Security and has a minimum of five
years of service.
2. An employee who has been dismissed for cause shall have no claim for sick leave payment.
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G. Injury from Other Employment
1. An employee may not utilize accumulated sick leave for absences resulting from an injury
arising out of and in the course of employment, other than City employment, for which
monetary or other valuable consideration is received or expected Any employee who
utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for
absences resulting from an injury arising out of and in the course of employment, other
than City employment, may face disciplinary action up to and including termination
H. Use of Leave After Accrual
1. Employees may be authorized to use sick leave after it is accrued The employee may be
required to submit acceptable evidence such as a medical certificate from a medical doctor
to substantiate the reason for requesting sick leave.
1. Bonus Leave Days
1. Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less
than two days of sick leave, and has no unexcused absences and no more than two
incidents of unexcused tardiness, the employee will be awarded bonus leave days in
accordance with the following chart. Time charged to sick leave in conjunction with funeral
leave shall not be counted toward the eligibility for bonus leave days. Bonus leave days
must be used in the next payroll calendar year.
Amount of Sick Leave Used Bonus Days Awarded
Less than one standard work day 2
One standard wmrk day up to 1
two standard work days
a) A payroll calendar year begins with the first day of the first pay period for the first
paycheck date in the calendar year and ends with the last day of the last pay period for
the last paycheck date in the calendar year. The City agrees, when practicable, to
provide notice of the date of the beginning of the payroll calendar year and the date of
the end of the payroll calendar year on employees' paycheck advice statements prior to
the respective payroll period in which such dates occur.
b) Bonus days are not included in overtime calculations.
c) Upon an employee's separation from the City, the employee will receive a lump sum
payment at the employee's current base rate of pay for his/her remaining sick leave
bonus day balance, or if retiring may use such balance to advance the date of retirement.
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J. Sick Leave Pool
1. A leave pool will be established by members of the bargaining unit subject to the following
provisions:
a) The purpose of the leave pool is to provide leave to bargaining unit members who face
significant time off without pay due to a serious illness or injury, whether job-connected
or non job-connected, or serious illness or injury to a family member as defined in this
section The leave pool may not be used for short time periods where an employee may
be without pay. Short time shall be defined as less than 15 vmrk days.
b) A committee shall be fomled and the committee shall determine use of the leave pool
days, subject to the above purpose and limitations.
i) The committee shall consist of three active employee members designated by the
Union and one non voting management employee designated by the City Manager
or City Manager's designee, who shall provide administrative oversight and ensure
compliance with the terms of the established policy and this Agreement.
ii) The committee shall review employee needs and circumstances consistent with the
provisions of the leave pool and shall determine eligibility for and the amount of
leave time up to an established maximum number of days that may be provided to
employees.
iii) The committee may establish procedures, forms and other rules necessary for its
effective operation, provided they are consistent with the provisions of this section
and subject to the approval of the City Manager or his/her designee.
iv) The committee's decisions are final and are not subject to the grievance procedure.
Bargaining unit members may donate days one time per year from their vacation
leave, floating holiday, or sick leave balances at 100% value .
c) No employee shall be permitted to donate more than four days of leave per year to the
pool, unless authorized by the City Manager.
d) In the event that the leave pool balance becomes lour than 100 days, the committee
may, with the prior approval of the City Manager or designee, open up the opportunity
for additional donations to be made during the calendar year.
e) All donations of pool leave time must be in full day increments based on the full time,
regularly scheduled day for the employee's respective job classification (i.e., an 8-hour or
10-hour day is a full day).
f) Donations of pool leave time are irrevocable.
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g) No dollar value shall be placed on leave donations. All donations and all authorized
usage shall be computed as day-for-day.
h) When pool leave time is authorized by the committee for use by an employee, it shall be
on a day-for-day basis, irrespective of the number of hours used each day. E ach day or
portion thereof shall be counted as one day. Bargaining unit members shall be eligible
to be granted up to a maximum of 30 vmrk days or portions thereof within a 12 month
period counting backwards from the time of the most recent leave pool request.
i.) An employee using leave pool time shall receive regular base pay and his/her regular
shift pay. However, other pays shall not be provided with leave pool days (e.g, lead pay,
acting pay, special assignment pay, etc.). Pay for authorized pool days shall not be
granted for the first 15 vmrk days of the absence necessitating leave from the pool.
After 15 vmrk days of such absence, the employee shall be eligible to be paid
retroactively for the first 15 vmrk days, and shall thereafter be eligible to receive his/her
regular pay for any remaining pool days authorized
j.) Pool leave time granted and not used in a given year by the employee receiving the
donated pool leave time shall remain with the leave pool and be carried over to the next
year. No donated pool leave time will be refunded to the donor.
Section 4. Funeral Leave
A. Employees shall be allowed up to four consecutive scheduled vmrk days at any one time for
funeral leave to make arrangements for and attend a funeral or memorial service with no loss of
pay and no charge agminst sick leave time in the event of death in the "inn-ediate" family.
"Inanediate" family shall be defined as the employee's spouse, or the employee's or employee's
spouse's child, parent, grandparent, grandchild, brother, sister, stepparent, and stepchild
B. Employees shall be allowed up to four consecutive scheduled vmrk days at any one time,
chargeable to sick leave, to make arrangements for and attend the funeral or memorial service
in the event of death in the "extended" family. The term "extended family" as used in this
paragraph shall mean stepbrothers, stepsisters, brother's wife, sister s husband, daughter-in-law,
son-in-law, aunts, uncles, nephews, and nieces of the employee or of the employee's spouse, or
other members of the immediate household It shall also include any blood relative of the
employee living in the employee's household
C. Regular part-time employees shall be eligible to receive funeral leave in accordance with the
above. However, such days shall be paid at a prorated amount based on 20% of the meekly
average of the employee's annual budgeted hours.
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D. In the event that extenuating circumstances should necessitate an absence longer than four
consecutive scheduled vmrk days to accomplish the purpose for which this section is designed,
the employee's department head, with the prior approval of the City Manager or designee, may
authorize an extension of such duration as may be necessary and proper. The request for an
extension shall be submitted in form and substance suitable to the department head and the
City Manager or designee. Compensation for approved additional days shall be chargeable to
sick leave. To be eligible for funeral leave under either section, the employee must attend the
funeral or memorial service. The City reserves the right to require documentation
substantiating the request for funeral leave when such requests exceed tvvD in a tvwlve month
period, or when the City has a reasonable basis to contest the legitimacy of such requests.
Authorized documentation for such purposes shall include but not be limited to a certificate of
death, obituary notice, memorial card, note from the attending clergy, or documents verifying
travel. Employees who request more than bADfuneral leaves in a t"elve month period shall be
notified upon approval of any additional funeral leave of the necessity to provide
documentation to their respective department on their return to vmrk for the duration of the
t"elve month period
E. Time Off to Attend Funerals on Personal Basis
1. Employees who wish to attend a funeral of a City employee or official or the family
member of such employee or official may request to utilize accrued vacation time, floating
holiday time, sick leave incentive day time, or may request to adjust their vmrk hours within
the same vmrkv%eek Such requests may be made to the respective Division Head or
Department Director and may be approved by such authority. To the extent possible,
approval shall be granted, provided, hoiwver, it is understood that operational necessities
may preclude approval for a substantial number of employees.
2. An employee attending a funeral while using vacation time, floating holiday time, sick leave
incentive day time, or time off without pay is doing so on a personal basis and is not
recognized as a "City representative." If the employee leaves from vmrk to attend the
funeral and/or returns to vmrk after attending the funeral, all travel time shall be included in
the vacation time, floating holiday time, sick leave incentive day time, or time to be adjusted
3. Employees utilizing funeral leave when such leave is based on the death of a covered family
member as provided by this Agreement shall be allovwd time off with pay consistent with
provisions of Article 8, Section 4. Hovwver, such employees are deemed off duty while on
funeral leave.
Section 5. Line-of-Duty Injury
A. The term line-of-duty injury is an injury which occurs on the job only when said injury is
reported on the day of occurrence and when said injury incapacitates the employee from
performing his/her job because of the injury. The City shall have the right to require the
employee to have a physical examination by a physician of its choice prior to payment of any
compensation
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B. An employee may utilize accrued sick leave, hovnever, the amount paid shall be only that
amount permitted to supplement funds received by the employee from the Florida Workers'
Compensation Law and any other disability or other income plan provided by the City, to the
point where the sum of all payments is equal to the employee's regular base pay at the time of
injury. At such time as the employee receives his/her initial vmrkers' compensation payment,
the City shall allow the use of accrued sick leave up to the amount necessary, when combined
with the vmrkers compensation payment, to equal the employee's base pay. Any adjustment to
pay under this policy will be made following the employee's return to vmrk or at the expiration
of the period for which Workers' Compensation payments are provided under state law
C. Should an employee become unable to perform the essential functions of his/her job due to an
on-the-job injury, the employee shall have the option of accepting a demotion or lateral
transfer, provided that an opening exists in the position to which he/she is demoted or
transferred and provided further that he/she is capable of performing the essential functions of
that position The City shall have the right to require the employee to take a noncompetitive
examination to determine if the employee is capable of performing the essential functions of
the position he/she seeks to fill.
D. An employee with less than 12 months employment who is injured on the job and is eligible for
Workers' Compensation will not be charged sick leave for any medical appointments which
occur during scheduled vmrk hours and have been approved by Risk Management.
E. The City may establish such reasonable reporting requirements as it deems necessary to insure
the application of the Workers' Compensation Law
Section 6. Military Leave
A. Any employee who is a member of a Reserve Component or the National Guard and who is
required to participate in active or inactive training duty shall receive leave with pay for such
duty which falls on the employee's regularly scheduled vmrk days up to a maximum of 17 VMrk
days per calendar year without loss of seniority rights or efficiency rating. Absences from duty
for military reserve training time in excess of 17 days per calendar year shall not be
compensated by the City. A copy of the employee's military orders certifying his/her training
assignment shall be submitted to the Departmmt Director imn- ediately upon receipt.
B. An employee who is required to attend military duty training which falls or occurs during
regular vmrking hours and which exceeds the 17 days provided in Paragraph A above will be
granted time off without pay. The employee shall be required to provide timely notice of such
training assignments to the City. When practicable as determined by the City, and upon the
request of the employee, the City will adjust the employee's schedule in order to accommodate
participation in military duty training so that such training occurs on the employee's days off.
C. When emergency conditions occur as determined by the City, bargaining unit employees
who are called up to active military duty shall be provided the same rights and benefits
afforded to other City employees pursuant to established City policies or guidelines in effect
at the time such conditions exist.
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Section 7. Jury Duty and Court Time
A. The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a
witness on the following conditions:
1. Leave with pay will be granted for those hours spent on jury duty or in court when
subpoenaed as a witness that fall during the employee's scheduled working hours only.
2. If the time interval between the end of the employee's most recently wmrked shift and the
reporting time of the jury summons is less than eight hours, the employee's wmrk schedule
will be adjusted to allow a minimum of eight hours time off prior to reporting for jury duty.
Although not mandatory, management will give consideration to employees to have the
ability to change hours for special situations pursuant to this paragraph This section shall
apply only to j ury duty.
3. Hours wmrked on jury duty or in court which are compensated under the provisions of this
Article shall not count as hours wmrked for overtime pay purposes.
4. If an employee is excused or released by the Court before the end of his/her scheduled
work day, he/she must promptly return to work
5. An employee must bring written evidence of jury duty service or court appearance before
compensation is approved
6. As soon as an employee learns of selection for jury duty or court appearance, he/she must
notify the appropriate supervisor so that arrangements maybe made for his/her absence
from wmrk
7. In the event a holiday shall occur during the period of the employee's jury duty or court
appearance, the employee shall receive pay for such holiday in accordance with this
agreement.
8. Leave with pay shall be granted for an employee subpoenaed as a witness except in a case in
which the litigation has been initiated by the employee or in any case involving divorce,
child support, or custody.
Section 8. Administrative Leave
The City Manager may at his/her discretion grant employees admirustrative leave with pay for
their normal wmrk shift or balance thereof when circumstances dictate that they be relieved from duty
because their services are determined to be non essential. Employees whose services are determined
to be essential and are required to wmrk under such circumstances shall be compensated at the rate of
one-half tinges their regular hourly rate of pay in addition to any other compensation due for all hours
actually worked when other employees City-wide or in the same wDrk unit have been released on
administrative leave.
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If the employee is required to vmrk a shift which is less than the employee's regular shift, the
employee shall be paid in accordance with the above for all hours actually vmrked, and shall be granted
admirustrative leave with pay for the remaining hours ma1mg up the employee's regular shift. All
hours actually vmrked shall be counted as such for the purpose of computing overtime. Scheduled
admirustrative leave with pay shall not be considered as hours vmrked for the purpose of computing
overtime. Unscheduled admirustrative leave with pay shall be considered as hours vmrked for the
purpose of computing overtime. At least forty eight hours notice shall be considered scheduled
Employees who are on previously approved leave are not eligible for admirustrative leave with pay.
Section 9. Leaves of Absence Without Pay
A. E mployees are allovwd to take a leave of absence without pay up to six months, if approved by
the City Manager, following the expiration of all paid leave balances.
B. Upon expiration of an employee's accumulated paid leave and Family and Medical Leave when
applicable, if the employee is unable to return to vmrk, upon written request and when
supported by medical documentation, a leave of absence without pay for not more than one
month shall be granted for the employee's continuing personal illness, at which time the case
will be revievwd by the City Manager for consideration of an extension of time, if necessary,
and if requested by the employee.
C. Failure to return to vmrk at the expiration of an approved leave shall be considered as absence
without leave and grounds for dismissal, but upon timely return from leave, the employee shall
be granted and given the same position or substantially similar position without loss of salary or
benefits.
D. There will be no accrual of benefits or seniority during such leave. During a leave of absence
without pay or any other non paid leave or no-pay status of an employee exceeding twD v >ueks,
the employee, if he/she desires to continue hospitalization coverage for themselves and
dependents, must pay the required premiums to the City. Failureto pay for such continuation
shall result in the loss of coverage.
Section 10. Other Time Off
An employee shall or may be granted necessary, time off from his/her duties with
compensation for any of the following reasons:
A. For pre-induction physical examination when so ordered by a Selective Service Board Time
off shall be granted for the minimum period necessary to comply with such order but shall in
no case exceed two regularly scheduled vmrk days.
B. Attendance at professional or other conventions, institutes, courses or meetings When such
attendance, in the opinion of the City Manager or designee, may be expected to contribute to
the betterment of the City service.
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C. Attendance at in-service training and other in-service meetings or programs sponsored by the
City when, in the opinion of the City Manager or designee, such meetings or programs are
designed to improve the City services and/or the employee's performance or to prepare
him/her for advancement. The provisions of this paragraph shall be deemed to include
authorized safety meetings and City-sponsored volunteer programs.
D. An employee maybe permitted to adjust his/her schedule within a specific wurW ek, or may
be permitted to utilize paid leave, or may be granted time off without compensation upon the
expiration of all paid leave for attendance at meetings other than those specified in the
subsections above, or to attend urgent personal business, provided that such employee shall
request approval from his/her dent head in sufficient time to permit the latter to make
arrangements therefore, and further provided that such time off will not seriously affect the
efficient operation of the Department.
E. Employees shall be released from duty without loss of pay while competing in City
promotional examinations that are scheduled during duty hours.
Section 11. Union Time
A. Union members shall be allovwd time off with pay to attend an officially called conference,
convention, or school not to exceed a total of 400 hours per year (inclusive for all Union
members), with the approval of the affected Department Director, provided that no less than
one v ek's notice is provided. In addition, the five active employee Union members for whom
the City funds the registration costs to attend the Florida Labor Management Conference or a
similar labor-management conference in accordance with Article 5 of this Agreement shall be
granted time off with pay and no charge to the Union hours above.
B. Additional time off without pay for Union activity will be granted with the approval of the
Department Director and such excused time will not exceed one v >uek at a time.
C. Bargaining unit members utilizing Union time off under provisions of this section shall not be
eligible during the time of utilization for Worker s Compensation benefits in case of injury.
D. Union time off does not count as hours vmrked for the purposes of calculating overtime.
E . Union time off with pay shall be granted by the City for the purposes of grievance
representation, labor management meetings, contract negotiations, and participation as a
member or attendee of any City committee whereby the Union member appears at the behest
of and in the interest of the City. The City reserves the right to not approve such leave requests
if in its discretion it determines the absence of the Union representative will create an adverse
impact to operations. The Union shall have the right to select the number of representatives
authorized by the City to participate on the Unions behalf on City-initiated committees, and
shall notify the City in writing of the names of those members selected by the Union The
Union may select a substitute to replace an absent member on a City committee with the prior
permission of the substitute Union member's respective Department Director or designee.
The Union local president may participate as the Union representative on any committees.
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The Union shall coordinate its choice of representatives so that no single wmrk group or
division will be adversely affected Union time off with pay shall be provided for up to five
Union Executive Board members (excluding a note taker) for contract negotiations and labor
management committee meetings.
F. The executive board of the Union shall be allovwd. a monthly meeting to transact any and all
business pertaining to the Union, said meeting to be alloiAud during VMrk hours not to
exceed twD hours at straight time.
Section 12. Maternity/Paternity/Child Care Leave
Maternity/Paternity/child care with or without pay to enable a parent to care for a newborn,
newly adopted, or seriously ill child may be granted to an employee, upon request and documentation
of need, for a period of up to tv >ulve v eks in conjunction with leave authorized in accordance with
the Family and Medical Leave Act, provided, holWver, that if both parents are employees of the City,
only one parent at a time may take such leave.
Section 13. Alternate Duty & Return to Work
A. Employees who are physically unable to perform their designated jobs, with or without
reasonable accommodation in accordance with applicable law, maybe assigned to alternate or
modified duty at the discretion of the City and in accordance with the skills, abilities, and
qualifications of the employee, any medical or physical restrictions placed upon the employee,
and the availability of work Such duty assignments shall be afforded in increments of up to 30
calendar days and shall be limited to a maximum of 180 calendar days total. The employee's
ability to return to his/her designated position and the continued availability of the alternate or
modified duty work shall be evaluated at each 30-day interval. Requests for alternate or
modified duty wmrk shall be submitted on the appropriate forms to the Human Resources
Department. Employees designated for alternate or modified duty assignment shall be required
to notify Human Resources of any changes in their condition that may impact their ability to
perform the alternate or modified duty assignment or that may allow the employee to return to
full duty in his/her designated position
B. An employee may be absent from his/her designated position for a maximum of 270
consecutive calendar days or 1,560 cumulative wmrk hours in a calendar year. This
timeframe shall include any paid or unpaid absence (to include leave time granted from the
sick leave pool), absence covered or not covered by the Family and Medical Leave Act,
absence due to job-connected or non-job-connected injury or illness, or time served wmrking
in an alternate or modified duty position An employee who is unable to perform the
essential functions of his/her designated position, with or without reasonable
accommodation in accordance with applicable law, for more than 270 consecutive calendar
days or 1,560 cumulative wmrk hours in a calendar year shall be required to accept alternate
employment with the City in another job classification for which he/she is deemed by the
City to be qualified and able to perform the essential functions, with or without reasonable
accommodation in accordance with applicable law, or shall be subject to layoff.
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An employee who is laid off pursuant to this provision shall be placed on the re-employment
eligibility list for his/her designated job classification and any other job classification of a
lov >er level in which the employee has previously served or for which the employee is
deemed by the City to be qualified
ARTICLE 9
WAGES & COMPENSATION
Section 1. Salary (See Appendix for listing of pay grades assigned to represented job
classifications)
A. Pay Range minimums for all classifications represented by the bargaining unit will not be
adjusted for the period from October 1, 2008 through September 30, 2009. Pay Range
maximums for all classifications represented by the bargaining unit will be adjusted by 2%
effective October 1, 2008.
Effective from October 1, 2008 to September 30, 2009, employees whose current base rate of
pay is below their respective pay range maximum and who receive a rating of Meets Standards
or better on their annual performance review shall be provided with a merit pay increase
equivalent to 2.5% of the employee's respective annual base rate of pay to be applied to the
employees' biww>°eekly base rate of pay, effective as of the date of the employees' annual
performance review. Any portion of the increase which, when annualized, exceeds the
respective pay range maximum shall be paid as a one time lump sum bonus payment, and such
employees' biweekly base rate of pay shall be adj usted to the pay range maximum.
B. The parties agree this Section may be re-opened upon the written request of either party no
sooner than 60 days prior to September 30, 2009 for the purpose of negotiating rates of pay
and/or adjustments to pay range minimums and maximums for any bargaining unit members
or represented job classifications for the period from October 1, 2009 through September 30,
2010.
C. The parties agree this Section may be re-opened upon the written request of either party no
sooner than 60 days prior to September 30, 2010 for the purpose of negotiating rates of pay
and/or adjustments to pay range minimums and maximums for any bargaining unit members
or represented job classifications for the period from October 1, 2010 through September 30,
2011.
D. Employees shall receive their first annual performance evaluation one year from their initial
date of hire, and if rated Meets Standards or better, shall receive any applicable pay increases as
of the date of the initial one-year perfom-ance evaluation Such employees shall be eligible for
their next annual merit pay increase, if applicable, on the following October 1 subsequent to the
initial one-year perfom-ance evaluation Upon receiving a rating of Meets Standards or better,
such employees shall at that time receive a pro-ration of the applicable pay increases based on
the number of days between October 1 and the date of the initial one-year perfom-ance
evaluation, and shall have their annual merit pay increase date adjusted to the October 1 date
thereafter.
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In accordance with provisions of the City of Clearwater Pay Plan, bargaining unit members
who are determined by their respective department to not meet standards or who receive a
rating of Improvement Expected on their annual performance evaluation, and who
subsequently receive a rating of Meets Standards on their initial or secondary 3-month follow=
up performance evaluation, shall be eligible to receive any applicable pay increases effective on
the date of the respective 3-month follov?,-up perforrrmce evaluation the employee is
determined to meet standards. Such employees shall be eligible for their next annual merit pay
increase, if applicable, on the following October 1 subsequent to the successful 3-month follow
up performance evaluation, and upon receiving a rating of Meets Standards or better at that
time shall receive a pro-ration of the above applicable pay increases based on the number of
days betmm October 1 and the date of the successful 3-month follow-up perfom-ance
evaluation, and shall continue to be eligible for any applicable merit pay increase on the
October 1 date thereafter. Employees who receive a rating of Improvement Expected on their
annual perfom-ance evaluation and both the initial and secondary 3-month follow-up
perfom-ance evaluations shall not receive a merit increase, and shall be revaluated again after
one year from the date of the initial evaluation that was rated Improvement Expected
Section 2. Overtime
A. All employees outlined in the Pay Plan as eligible for overtime shall receive 1-1 /2 times their
regular rate of pay for all hours wmrked in excess of 40 hours per vn ek Employees shall only
wmrk overtime hours as directed or permitted by managerial personnel. Sick leave, vacation,
and other time not wmrked except designated City holidays and floating holidays shall not count
as hours wmrked for overtime purposes.
B. Overtime will not be assigned unfairly. Whenever practicable, the City will offer overtime
assignments to perform wmrk applicable to the CWA bargaining unit to available and qualified
members of the bargaining unit prior to offering such assipnments to non bargaining unit
personnel.
C. Any full time employee who is required to wmrk twm consecutive full shifts in a tv >unty-four
hour period will be provided $10.00 for meal money.
Section 3. Standby and Recall (Mutually Exclusive)
A. Standby shall be paid at the following rates during the term of this contract.
Effective Date Monday-Friday Saturday& Sunday Extended Time
During Holidays
Start of Pay Period
Including 10/1/2008
$25 Per Night
$35 Per Day
$40 Per Day
Start of Pay Period
Including 10/1/2010
$30 Per Night
$35 Per Day
$40 Per Day
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Daily standby (Monday-Friday) shall begin at the end of each regular vmrkday and shall end at
the beginning of the next vmrkday (16-hour period). Weekend standby shall begin at what
vmuld be the normal starring time on Saturday and shall conclude at the beginning of the
regular vmrkday on Monday (48-hour period). Extended Time During Designated Holidays
shall apply when an employee assigned to standby continues in standby assignment for an 8-
hour extended period for a designated holiday. In addition to the above amounts, an employee
who is called out to vmrk while on Standby duty shall be credited with one hour vmrk time or
the actual hours worked during the entire Standby period, whichever is greater. An employee
assigned to Standby who receives a work related phone call during the Standby period and who
conducts City business without being called out to work shall be credited with one-tenth of an
hour or the actual amount of time of the phone call, whichever is greater, for each such phone
call received
B. Recall (Call-out, Callback, and Call-in): If an employee is called back to work after the
employee's normal work day and returns to work, or if an employee is called back to perform
needed work after the employee's regular shift ends and the employee has already left the job,
or if an employee is called in to perform needed work on a vwekend, holiday, or other
equivalent period during which the employee would not otherwise have worked, the employee
shall be credited with two hours work time or the actual hours worked, whichever is greater.
Time shall be computed from when the employee reports on duty, and ceases when he/she
reports off-duty.
C. Time beyond an employee's regular work schedule when assigned and scheduled in advance,
either as a continuation of a present shift assignment or the requirement to work on an
employee's regular non-workday(s) shall not be subject to any minimum guarantee pay or
hours. However, all time worked shall be credited toward hours worked for regular and
overtime pay purposes.
D. Employees shall not be assigned to standby duty if excused in advance by managerial
personnel, and in all cases the Department will seek volunteers prior to assigning standby duty.
The City shall have the right to specify requirements needed for standby, including skills,
dependability and ability to report timely, and employees not meeting said requirements may
not volunteer for such standby.
E. Any employee assigned to standby and who, during the period of such standby assignment, is
not readily available as required or who is or becomes unable to perform his/her work duties
shall be subject to discipline, except that an employee who becomes sick or injured and
myr ediately notifies his/her supervisor shall not be subject to discipline. The City may require
evidence in the form of an excuse from a medical doctor of such injury or illness.
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Section 4. Shift Differential
Regular, full-time employees (other than those utilizing flex-time) shall be entitled to 5% shift
differential pay above the employees' base rate of pay for all hours when the maj onty of their regularly
scheduled hours for the vmrk vwek fall betw>°en 4:00 PM and 12:00 A1Vt regardless of the starting or
ending time of the employee's shift. Regular, full time employees (other than those utilizing flex-time)
shall be entitled to 7% shift differential pay above the employees' base rate of pay for all hours when
the maj onty of their regularly scheduled hours for the vmrk vwek fall betvwen 12:00 AM and 8:00 AK
regardless of the starting or ending time of the employee's shift.
Section 5. Acting Pay
An employee who is assigned to vmrk in an "acting" capacity in a higher level classification for
more than 10 consecutive vmrk days shall receive acting pay retroactive to the day the acting
assignment began. The amount of pay shall be 5% higher than the employee's current base rate of
pay.
Driver Pay: Employees assigned to the classification of Solid Waste Worker in the Solid
Waste Department will continue to receive "driver pay' for each day succeeding the 20th cumulative
day the employee has substituted as a driver. The rate is $15.00 per day.
Section 6. Training Differential
Employees who are required to provide formal training to other employees outside of what is
considered the normal scope of their job duties, and who are designated "Trainers" with an established
curriculum as determined by the Department Director, will receive 5% above their normal base pay for
any hours they are assigned to act as trainers in a formal training capacity.
Section 7. Leadworker Assignment and Pay
A Department Director, with the prior approval of the City Manager or his/her designee, may
assign leadvmrker duties to a regular employee for such period of time as will, in his/her opinion, serve
the best interest of the City. Such assignment shall be made only when a small group of vmrkers are,
in the normal course of their duties, regularly required to vmrk at a time and/or place without the
degree of supervision which, in the judgment of the Department Director, is conducive to efficient
performance.
An employee assigned leadvmrker duties will be required to perform all the duties of his/her
regular position and additionally exercise primary layout and/or supervisory functions in relation to
other workers who are ordinarily classified the same as the leadvvwker, accepting commensurate
responsibility for group performance. For the period of such assignment the leadvmrker shall be paid
an additional blvwekly amount representing 5% above his/her current base rate of pay.
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Lea&urker assignments maybe authorized for intervals up to one year in duration, or may
be authorized for shorter intervals at the discretion of the respective Department Director. If an
employee has been assigned as a Leadmrker for one year, the Leadmrker assignment shall then be
rotated to another employee deemed by the respective department to be qualified for the
assignment. If no other employees are interested or deemed qualified, an employee may be
assigned Leadmrker for consecutive one-year intervals.
Section 8. Assignment Pay Differential
A. A Department Director may, at his/her discretion and with the approval of the City
Manager/designee and consent of the Union, designate a specific position or positions
within a job classification which shall be eligible to receive a 5% Pay Differential when the
duties of the position differ from others in the same classification in their difficulty,
complexity, responsibility, or hazardous nature to the extent that additional compensation is
deemed warranted Assignments to positions may be on a rotational basis, or may be
offered to employees in the respective classification based upon City seniority, hovwver the
Department Director shall have the right to remove any employee from such assignment in
conjunction with a development plan if performance is deemed unsatisfactory.
B. Solid Waste Equipment Operators and Solid Waste Workers who are assigned and complete
twD full routes on one wmrk day during a wmrk vwek that pickups are limited by a City
designated Holiday shall receive a premium pay equivalent to four hours of pay based on the
employee's base rate of pay. Such premium pay shall not constitute hours wmrked or to be
accumulated toward the calculation of overtime.
Section 9. Uniforms and Rain Gear
A. The City agrees to provide each full-time employee who is required to w>°ar a uniform with an
initial issue of five uniforms. Permanent part-time employees who are required to wear a
uniform shall be issued a pro-rated number as determined necessary by the hiring department
based on scheduled hours/days of wmrk per week The City shall determine the manner of
procurement and style of uniforms to be wmrn. The City agrees to provide cotton blend
uniforms of at least 35% cotton to employees who are required to wear uniforms. The
employee agrees to launder the uniforms. The employee will be issued a replacement for each
uniform that becomes torn or tattered as the result of normal wear and tear, but not for a
uniform that has been damaged due to the employee's abuse or negligence. The employee
must return the uniform as a condition for receiving a replacement.
B. The City will provide an allowance of up to $125.00 based upon demonstrated need for the
purchase of safety shoes for each employee who is required to w>°ar such The City shall have
the authority to designate additional job classifications as eligible for the allowance. Employees
who request safety shoes and are denied such by their department may have the decision
reviewed by the City Manager or his/her designee by submitting a written request within 10
wmrk days of the department's decision The decision of the City Manager or designee shall be
final and binding and not subj ect to arbitration
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The City shall determine the manner of procurement to be afforded all affected employees, and
shall have the right of approval in determining types of shoes which are acceptable. Employees
shall provide vmm. or unserviceable safety shoes to their respective department for inspection
in order to obtain authorization for replacement. Employees may be permitted to keep such
vmin shoes after inspection at the discretion of their respective departments.
C. The City will provide employees with adequate rain gear. Rain gear that is wmrn, torn, and/or
tattered through normal mar and tear shall be replaced, provided that the employee turned in
the old rain gear. Employees may use umbrellas instead of rain gear as appropriate to the job
classification
D. All uniforms and equipment provided by the City shall be issued and accounted for in
accordance with I.R.S. regulations governing same.
Section 10. Certification Pay
A. City fleet service mechanics who obtain and maintain job-related ASE certifications in
accordance with standards established by the City shall receive $50 per hour in addition to the
employees' base rate of pay for each such certification obtained and maintained up to a
maximum of seven such certifications. City fleet service mechanics who obtain and maintain
the required ASE certifications constituting the designation of ASE Master in a City authorized.
module of study shall receive $5.00 per hour in addition to the employees' base rate of pay in
lieu of the individual certification pays described above. The City agrees to pay the cost of the
training and examination process for each certification the first time employees attend such
only. The City reserves the right to deter- ine the appropriate certifications that will be entitled
to the additional compensation
B. The classifications of Marine Lifeguard, Senior Marine Lifeguard, and Water Safety
Supervisor shall be eligible for a 5% certification pay differential in addition to the respective
incumbent's base rate of pay for the possession and maintenance of a valid State of Florida
Emergency Medical Technician certification.
C. The classification of Building Construction Inspector shall be eligible for a 4% licensure pay
differential in addition to the respective incumbent's base rate of pay for the possession and
maintenance of each valid inspector license offered by the State of Florida Building Code
Administrators and Inspectors Board over and above the first such license required as a
minimum qualification requirement. Additional differentials shall be calculated cumulative
and not compounding (i.e., 8%,12%,16%, etc.). The classification of Building Construction
Inspector shall also be eligible for a licensure pay differential of $50 per payroll period in
addition to the respective incumbent's base rate of pay for the possession and maintenance
of each valid plans examiner license offered by the State of Florida Building Code
Administrators and Inspectors Board when the employee is directed by his/her department
to utilize such license at any time during the payroll period
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Section 11. Replacement/Repair of Tools
The City will replace or repair, as appropriate, the tools of employees who are required by the
City to furnish their own tools, when it can be verified such tools are broken on the job or when such
tools are stolen from the job site and a police report confirming the theft is given to management.
Employees shall be required to report the breakage or loss of such tools to theft inanediately in order
to be entitled to replacement or repair.
Section 12. Training and Career Development Workshops
Employees will be compensated in accordance with the Federal Fair Labor Standards Act and
applicable City Policy for the time the employee attends training and career development workshops.
Section 13. Travel and Mileage
Employees shall be compensated in accordance with the Federal Fair Labor Standards Act and
applicable City Policy for wmrk related travel time. All employees who drive their own vehicle for City
business will be paid upon request reimbursement in accordance with City policy for any mileage
traveled at the rate set by the Intemal Revenue Service.
Section 14. Commercial Driver's License
A. E mployees in driving positions which require a CDL and who fail to comply with requirements
of the State of Florida CDL program cannot continue to function in their driving positions. At
such time as the employee can no longer drive vehicles required in his/her job classification
because of his/her failure to comply with CDL requirements of the state, the City shall
preclude the employee from driving the designated City vehicles. The employee shall have
thirty (30) days in which to comply with the state CDL requirements or to obtain a transfer,
demotion or promotion to a position not requiring CDL licensure. Such job change must be
accomplished within the normal processes for transfer, demotion or promotion Failure to
obtain the appropriate license or, alternately, to obtain a transfer, demotion or promotion to a
position not requiring the CDL shall result in the layoff of the employee.
B. The City will reimburse regular, non probationary employees for the cost of any CDL and
endorsements required by the City, including any fees associated with obtaining such license or
endorsements, provided the employee has submitted evidence of possession of the CDL in
good standing along with a receipt identifying the costs incurred, and has not had any in-service
vehicle accident or moving traffic violations since his/her last license was issued
Section 15. Parking
The City will make an effort to provide parking for all employees.
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Section 16. Tuition Reimbursement
Each member of the bargaining unit shall be entitled to reimbursement for tuition fees for
approved courses in accordance with the City's Tuition Refund Program up to an amount of $650 per
year for each fiscal year of this Agreement.
ARTICLE 10
INSURANCE
Section 1. The City agrees to meet with the CWA representatives as necessary to review the
health and life insurance programs for the purpose of reducing the cost of such programs for the City
and the employees. The City further agrees to provide the CWA with such information as it has
available which vmuld be required to formulate such a benefit package and to cooperate with the CWA
to obtain pertinent information from the present carrier.
Section 2.
The City agrees that for the calendar year occurring within the first year of the agreement, the
City shall contribute toward the medical insurance premiums for employees and their dependents in
the amount approved for the plans approved by the City Commission The City and Union agree to
maintain a Benefits Committee recomn-endation process culminating in final action by the City
Commission to determine medical insurance premiums for employees and their dependents for the
duration of this Agreement. The City further agrees that during the life of the agreement, the City will
make available to employees the option of at least one health insurance plan for which the City shall
pay 100% of the premium for the employee only base benefit plan cost, it being understood that such
base plan may provide a different level of benefit than that which is currently provided Additional
coverage for the family or spouse, as v?ell as any enhancements or "buy ups" to the base plan will
continue to be paid for by the employee.
Section 3. The City shall pay the premiums for group life insurance for all bargaining unit
members equivalent to one-and-one-half times the respective employee's annual base rate of pay, up to
a maximum of $50,000 coverage.
Section 4. Unemployment Insurance: The City shall participate in and provide
employees with unemployment insurance as provided by law.
Section 5. Workers' Compensation Insurance: The City shall participate in and provide
employees with Workers' Compensation Insurance as provided by law.
Section 6. Social Security Insurance: The City shall provide all necessary employer
contributions for social security insurance as provided by law for those employees ineligible to
participate in the City retirement program.
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Section 7. Liability Insurance: The City shall provide legal counsel to assist in the
defense of any claim against any member of the bargaining unit, where the claim results from the
employee's employment with the City and where the employee is acting within the scope of his/her
employment, except that the City will not be obligated to defend or pay a claim based on an intentional
tort. The City will indemnify, pay or insure any claim other than an intentional tort.
ARTICLE 11
PERFORMANCE AND DISCIPLINE
Section 1. No employee shall be disciplined except for just cause.
Section 2. The City and the Union will continually review the Performance & Behavior
Management Program (PBMP) at mutually convenient time periods in a cooperative mauler.
Section 3. Whenever the City or the Union proposes to amend any policy affecting the
discharge and discipline of unit employees, the City or the Union shall provide notice and a copy of the
proposed amendments to the other party at least 21 days in advance of a meeting. The Union and the
City shall meet to reach consensus on any proposed changes.
Section 4. Development plans designed to address employees' performance or behavior
which does not meet established standards or expectations may be initially implemented for a period
from a minimum of 3 months to a maximum of 6 months, and may be extended for up to an
additional 6 months if deemed appropriate. Employees shall be provided written acknowledgment of
successfully completed development plans.
ARTICLE 12
DRUG AND ALCOHOL POLICY
The City s policy is intended to conform to the Drug Free Work Place Act and to be in
compliance with any Federal Law requirements regarding the unlawful manufacturing, distribution,
dispensation, use or possession of any controlled substance or illegal drug.
Section 1. Voluntary use of controlled substances which cause intoxication or impairnielt
on the job and poses risks to the employer, the affected employee and their covmrkers, is prohibited
Section 2. All bargaining unit employees will be fully infomled of the employer's for cause
drug testing policy before testing is admirustered Bargaining unit employees will be provided with
information concerning the impact of the use of drugs on job performance. Unit supervisors will be
trained to recognize the symptoms of drug abuse, mTamTient and intoxication The City will permit
twD employees selected by the Union to attend such training class on City time.
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Section 3. Annual Physical
Employees in job classifications which require an annual or biannual physical maybe required
to submit to a drug screening as part of the annual physical examination
Section 4. City s Drug and Alcohol Program Policy
The City's Drug and Alcohol Program Policy delineates drug and alcohol test procedures.
Revisions governing testing standards and job classification specifications shall be made as revisions to
laws or regulations of state or federal government or agencies deem permissible. Union
representatives will be furnished with copies of the policies upon such revision Whenever the City or
the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the
Union shall provide notice and a copy of the proposed amendments or changes to the other party at
least 30 calendar days in advance of the proposed effective date of the change. The Union and the
City shall have the right to bargain such proposed amendments or changes in accordance with the law
and the terms of this agreement.
ARTICLE 13
RETIREMENT
Section 1. The City agrees to send announcements of regularly scheduled meetings of the
Board of Trustees of the Employees' Retirement System to the President of the Union
Section 2. A spokesman for the Union shall have the right to present the Unions views
regarding the employees' retirement system either orally or in writing to the Advisory Committee of
the Board of Trustees.
Section 3. Notification of any change of benefits in the Employees' General Pension Plan
shall be given to the employees 60 days prior to any action taken.
Section 4. The parties agree to bargain proposed changes in the City's Pension Plan that
deal with mandatory subjects of collective bargaining and any impact these changes may have on
bargaining unit members.
Section 5. Vacation and Bonus to be Credited Toward Retirement
A. Vacation Accumulation
The amount of vacation accumulation shall not exceed 240 hours for the purpose of early
retirement.
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B. Special Bonus Days After 20 Years
Upon the completion of a total of 20 years (consecutive) service with the City, an employee
who was employed by the City prior to October 1, 1990, shall be entitled to begin accumulating
credit toward the awarding of bonus days for the purpose of early retirement or a cash
settlement only at the time of retirement which shall not exceed a total of 15 working days. No
bonus days shall be provided to any employee hired by the City on or after October 1, 1990.
The schedule for the accumulation of bonus days shall be as follows:
Upon completion of 21 years service
Upon completion of 22 years service
Upon completion of 23 years service
Upon completion of 24 years service
Upon completion of 25 years service
Number of days which may be
accumulated
Accumulate 1 day
Accumulate 2 additional days
Accumulate 3 additional days
Accumulate 4 additional days
Accumulate 5 additional days
15 days total
Section 6. Any sick leave charged to an employee's sick leave balance after May 10, 1998 as
the result of a line-of-duty injury shall be added back to the employee's sick leave balance up to the
employee's respective sick leave cap at the time of retirement. This relates only to injuries and re-
injuries wherein wages are compensable under Workers' Compensation
Section 7. During the advancing of the retirement date through the use of sick leave, bonus
days, and vacation leave, employees shall not accrue any benefits except retirement credit, including but
not limited to vacation leave, sick leave, insurance premiums, holidays, workers' compensation, salary
increases, assignment pay, shift pay, allowances, reimbursements or special payments, or bonuses of
any kind
ARTICLE 14
SENIORITY, LAYOFF, AND RECALL
Section 1. Seniority
A. Seniority is defined as the length of continuous service in City employment. Seniority will
continue to accrue during all types of leaves of absence with pay and other leaves where
specifically provided.
B. After successful completion of the initial probationary period which is six months, seniority
will revert to the date of employment. Seniority shall be used as a factor in consideration for
promotion When skills and qualifications are substantially equal, seniority shall prevail.
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C. Employees shall lose their seniority only as a result of the following.
1. Voluntary termination
2. Retirement.
3. Termination for Cause.
4. Failure to return from military leave within the time limit prescribed bylaw
D. Whenever there is a question as to which bargaining unit employee shall be allovwd vacation,
days off, differential payments or hours of vmrk, seniority shall prevail, provided skills and
qualifications are substantially equal.
Section 2. Layoffs
A. An employee may be laid off by the City Manager in the mauler herein provided when there is
lack of vmrk or funds, abolition of either full-time or part-time position, or material changes in
duties or organization which require a reduction in personnel. No regular employee, hover,
shall be laid off while there are Emergency, Temporary, Seasonal, probationary, or other non
regular status employees serving in the same class.
B. When the need arises for laying off either full time or part-time regular employees in any
department for any of the reasons enumerated in Section 1 hereof, the order of layoff shall be
determined by taking into account both service ratings and seniority. It is specifically
understood that layoffs will be by classification on a city-wide basis. When other qualifications
are substantially equal, City seniority will govern When City seniority is the same, time in
classification will govern When City seniority, and time in classification are the same, the order
of layoff shall be determined by a coin toss. When determining the order of layoff for part-
time employees, City seniority, shall be defined by the number of completed continuous service
hours.
C. An employee who is designated to be laid off shall have the opportunity to revert to the
classification he/she held prior to his/her current classification If a vacant position exists
within such employee's prior classification, the employee will be assigned to the vacant position
If no vacant position exists within such employee's prior classification, and this movement
requires further reduction in the vmrk force, the same procedure shall be utilized for
subsequent positions in accordance with this section, and the process continued through the
ranks thereafter.
The provisions of this and the following section are based on the premises that the services of
the affected employee have been satisfactory and that he/she is physically and mentally capable
of efficiently discharging the duties of another position in the same or lov >ur class.
D. Names of regular employees who are laid off shall be placed on the reemployment list for the
appropriate class for reemployment within one year thereafter when vacancies in the class
occur. An employee who is eligible to have his/her name placed on a reemployment list may,
on written request and with the approval of the Human Resources Director and the City
Manager or designee, have his/her name also placed on re-employment lists for the same or
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lov >ur classification requiring essentially the same or lesser qualifications within a class series or
for other classes in which the employee previously had regular status. Nantes shall be placed
on the re-employment list in the order of City seniority.
ARTICLE 15
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of the 1st day of October, 2008 and shall continue in full
force and effect until September 30, 2010. At least 120 days prior to the termination of this Agreement,
either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this
Agreement. Failure to notify the other party of its intention to modify, amend or terminate, as herein
above set forth, will automatically extend the provisions and terms of this Agreement for a period of one
year, and each year thereafter absent notification
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of
2008.
ATTEST: CITY OF CLEARWATER
Cynthia E. Goudeau, City Clerk
Approved as to form and correctness:
Pamela K. Akin, City Attorney
WITNESSES:
William B. Horne II, City Manager
Countersigned
Frank Hibbard, Mayor
COMMUNICATIONS WORKERS
OF AMERICA
Don LaRotonda, CWA Representative
Stephen C. Samoff, President, Local 3179
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APPENDIX A Page 53 of 57
Alphabetical Listing of Job Classifications
Job Code Title Pay Grade
225 Accounting Clerk C-105
230 Accounting Technician C-109
1540 Air Conditioning Technician C-112
4603 Arborist C-111
707 Board Reporter C-109
1560 Building & Maintenance Foreman C-113
1570 Building & Maintenance Supervisor C-116
1380 Building Construction Inspector C-115
1375 Building Inspector Technician C-113
510 Chief Communications Technician C-114
706 City Clerk Specialist C-109
90 Clerk-Receptionist C-101
1318 Code Enforcement Inspector C-113
500 Communications Technician C-111
1040 Construction Inspector I C-112
1050 Construction Inspector 11 C-114
1001 Construction Office Specialist C-109
2485 Construction Specialist C-113
6001 Container Maintenance Worker C-107
6565 Courier C-104
6500 Custodial Worker C-102
5128 Customer Service Accounting Representative C-108
5125 Customer Service Representative C-107
5135 Customer Service Specialist C-110
1125 Design & Mapping Technician C-113
1335 Development Review Specialist C-112
1340 Development Review Supervisor C-114
1320 Development Review Technician I C-107
1325 Development Review Technician 11 C-110
1115 Drafting & Mapping Technician C-111
1741 Electro-Mechanical Technician C-115
1940 Electronics Technician C-114
1105 Engineering Technician C-111
1172 Environmental Technician C-110
1810 Equipment Operator C-108
5110 Field Service Representative I C-106
5111 Field Service Representative 11 C-107
4035 Fire Public Education & Info Aide C-109
4040 Fire Public Education & Info Specialist C-112
1610 Fleet Mechanic C-112
1675 Fleet Mechanic Supervisor C-116
1654 Fleet Operations Trainer C-114
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Alphabetical Listing of Job Classifications
Job Code Title Pay Grade
1660 Fleet Production Control Coordinator C-115
1601 Fleet Service Worker C-105
4601 Forestry Technician C-106
5379 Gas Specialist C-115
5383 Gas Supervisor C-116
5355 Gas Technician I C-107
5365 Gas Technician 11 C-111
5375 Gas Technician III C-114
75 Graphics Designer C-111
61 Graphics Specialist C-109
70 Graphics Supervisor C-116
44 Graphics Technician C-108
1820 Heavy Equipment Operator C-111
1365 Housing Inspector C-114
5741 Industrial Pretreatment Technician C-113
1345 Inspections Specialist C-114
2068 Lead Parking Attendant C-106
2110 Library Assistant C-105
8000 Library Page Hourly
1360 License Inspector C-113
1910 Licensed Electrician C-115
4012 Life Hazard Safety Inspector C-113
1760 Machinist/Fabricator C-114
6530 Maintenance Worker I C-102
6540 Maintenance Worker 11 C-105
3010 Marine Facility Operator C-108
3045 Marine Lifeguard C-107
3044 Marine Operations Supervisor C-116
3030 Marine Recreation Program Supervisor C-112
1651 Mechanic Fabricator C-113
655 Network Support Technician I C-108
656 Network Support Technician 11 C-111
2066 Parking Attendant C-101
2030 Parking Enforcement Specialist C-107
2035 Parking Enforcement Supervisor C-112
2045 Parking Operations Supervisor C-114
2025 Parking Technician C-108
4671 Parks Service Supervisor I C-114
4672 Parks Service Supervisor 11 C-116
4625 Parks Service Technician I C-104
4635 Parks Service Technician 11 C-108
4645 Parks Service Technician III C-111
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Alphabetical Listing of Job Classifications
Job Code Title Pay Grade
3230 Personnel/Payroll Technician C-110
1545 Plumber C-112
8355 Police Aide C-104
3571 Police Communication Operator C-112
3568 Police Communication Operator Trainee C-109
3560 Police Communication Supervisor C-115
3515 Police Information Supervisor C-113
3505 Police Information Technician I C-105
3510 Police Information Technician 11 C-109
3517 Police Office Specialist C-109
3520 Police Property Clerk C-106
3521 Police Property Supervisor C-113
3570 Police Telecom municator C-107
4760 Pool Guard C-105
1740 Public Services Specialist C-115
1745 Public Services Supervisor I C-114
1755 Public Services Supervisor 11 C-116
1705 Public Services Technician I C-107
1708 Public Services Technician 11 C-111
1725 Public Services Technician III C-113
1730 Public Services Trainer C-114
1746 Public Utilities Specialist C-115
1750 Public Utilities Supervisor I C-114
1756 Public Utilities Supervisor 11 C-116
1706 Public Utilities Technician I C-107
1709 Public Utilities Technician 11 C-111
1726 Public Utilities Technician III C-113
4762 Recreation Leader I C-105
4763 Recreation Leader 11 C-107
4784 Recreation Program Support Technician C-109
4785 Recreation Programmer 1 C-109
4775 Recreation Programmer 11 C-111
5160 Senior Customer Service Representative C-111
2115 Senior Library Assistant C-106
3050 Senior Marine Lifeguard C-109
3572 Senior Police Communication Operator C-113
180 Senior Service Dispatcher C-110
170 Service Dispatcher C-105
1355 Sign Inspector C-114
6026 Solid Waste Accounts Coordinator C-111
6020 Solid Waste Equipment Operator C-111
6046 Solid Waste Service Coordinator C-116
Item # 10
iii
Attachment number 1
APPENDIX A Page 56 of 57
Alphabetical Listing of Job Classifications
Job Code Title Pay Grade
6036 Solid Waste Supervisor I C-114
6040 Solid Waste Supervisor 11 C-116
6000 Solid Waste Worker C-105
6003 Solid Waste Yard Maintenance Leader C-107
100 Staff Assistant C-107
420 Storeskeeper C-110
1010 Survey Assistant I C-106
1020 Survey Assistant 11 C-109
1030 Survey Party Chief C-114
1530 Tradesworker C-111
2050 Traffic Engineering Assistant C-110
2053 Traffic Operations Supervisor I C-114
2055 Traffic Operations Supervisor 11 C-116
2005 Traffic Technician C-111
6005 Transfer Station Operator C-107
4600 Tree Trimmer C-108
1765 Utilities Mechanic C-112
1775 Utilities Mechanic Supervisor I C-114
1785 Utilities Mechanic Supervisor 11 C-116
1640 Warehouse Clerk C-108
1650 Warehouse Supervisor C-114
5720 Wastewater Treatment Plant Operator-A C-114
5710 Wastewater Treatment Plant Operator-B C-113
5701 Wastewater Treatment Plant Operator-C C-112
5700 Wastewater Treatment Plant Operator-Trainee C-107
5730 Wastewater Treatment Plant-Lead Operator C-116
5570 Water Plant Chief Operator C-116
5561 Water Plant Operator A C-114
5560 Water Plant Operator B C-113
5550 Water Plant Operator C C-112
5540 Water Plant Operator Trainee C-107
3060 Water Safety Supervisor C-114
6014 Welder C-111
Item # 10
1V
Attachment number 1
APPENDIX B Page 57 of 57
C.W.A. Pay Range Tables
2008/2009
Pay Grade B/W Min B/W Max
101 690.87 1061.49
102 725.85 1115.01
103 760.83 1168.43
104 800.18 1226.51
105 843.91 1288.95
106 883.26 1355.85
107 926.99 1418.29
108 975.09 1494.11
109 1023.19 1569.93
110 1075.66 1641.30
111 1128.13 1730.50
112 1184.97 1815.24
113 1246.19 1904.44
114 1303.03 1998.10
115 1372.99 2096.22
116 1442.95 2160.06
Item # 10
v
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve proposals for the Nagano Exchange High School Student Scholarship. (consent)
SUMMARY:
Meeting Date: 12/4/2008
• The Clearwater Nagano Exchange program has been in existence for 49 years. During this time, 68 students have
participated in this program.
• Prior to 2005, the City of Nagano funded the travel for 4 high school students and one chaperone. In 2005, Nagano
requested that the travel expenses from Tampa to Tokyo be funded on Clearwater's end.
• In 2005, Council established a scholarship program that provided for one half of the travel costs for students who are City
residents. During 2005, this scholarship was funded by Council. From 2006 - 2008, the scholarship was funded through the
Nagano Project Code 0181-99928 and a donation code designated for program contributions. For the past four years, all
selected students have participated in earning the other half of the travel expense by working at city special events and other
fundraising activities.
• Due to increased airfares anticipated for 2009, the Nagano Project code will not be sufficient to provide four scholarships.
• At the November 3 work session, Council directed Cultural Affairs to research and present options for need -based
scholarships to fund this year's program.
• All students will still be required to earn a portion of the travel costs by working designated special events and participating
in fundraising activities.
• The following scholarship criteria is presented for Council review and direction.
Review Approval: 1) Clerk
Cover Memo
Item # 11
' l City Council Agenda
Council Chambers - City Hall
Meeting Date: 12/4/2008
SUBJECT / RECOMMENDATION:
Approve Standard Agreement Form to be used with the various Senior Adult Co-Sponsor Groups and the City of Clearwater and
authorize the City Manager and/or his designee to approve such agreements. (consent)
SUMMARY:
In February, 2002, the City Council approved a similar agreement for all Co-Sponsored Groups including senior adults and
youth. Since then, staff has seen a need to create a separation between the Senior Adult and Youth Co-Sponsor Agreements thus
the request for a new Senior Adult Standardized Form.
The Senior Adult Co-Sponsor Groups provide a valuable service to the community, through their extensive use of volunteers and
volunteer resources. The City owns certain public properties and facilities that are available to be utilized by the Senior Adult Co
Sponsor Groups for their programs.
The proposed agreement clarifies the roles between the City and the Senior Adult Co-Sponsor Groups and provides added
protection for the citizens and Clearwater by placing clear expectations on the Senior Adult Co-Sponsor Groups. Part of the
Agreement has a requirement that the Co-Sponsor Groups will provide manpower to support City events and programs not
associated with their activities, as well as pay a per person cost for anyone not obtaining a resident/non-resident card.
Staff is recommending that the City Manager or his designee be authorized to enter into these agreements similar to all Rental
Agreements, Youth Co-Sponsor Agreements and Park Use Agreements. Currently, the agreement will be with the 3-Score
Club. The 3-Score Club is a group of 60 years plus men that play softball at the E. C. Moore Complex. Last year they provided
over 2500 volunteer hours to City events.
The Lawnbowling Club, Clearwater Horseshoe Club and Clearwater Shuffleboard Club will be covered by separate agreements
since they maintain buildings and facilities for the City and the expectations for those groups is higher.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 6
SENIOR ADULT PARTNERSHIP AGREEMENT
This Partnership Agreement is made and entered into between the City of Clearwater,
whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL
33758-4748, hereinafter referred to as the City, and
, whose address is:
referred to as the Agency.
WHEREAS, it has been determined to be highly desirable and socially responsible to
provide recreational activities and facilities to meet the needs of senior adult groups; and
WHEREAS, the City desires to provide recreation programs and activities as a means to
help senior adults; and
WHEREAS, the Agency has proposed to provide senior adult recreation for local
residents as described herein; and
WHEREAS, the City owns hereinafter
referred to as the Facility, located at
and Agency wishes to utilize the Facility as provided for herein.
NOW, THEREFORE, the parties agree as follows:
ARTICLE L TERM
1. Term: The term of this agreement shall be for a period of one (1) year commencing on the
day of , 20 ("Effective Date") and continuing through the
day of 20 ("Termination Date ") unless earlier terminated under the terms
of this agreement.
2. Options to Renew: This agreement may be extended by mutual written agreement of the
parties on an annual basis, on the same terms and conditions as are set forth herein.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
Services to be Provided: One of the Agency's goals shall be to provide programs to
meet the recreational needs of adults.
a) Programs: The Agency will provide for the supervision, funding and
programming ("Program") at the facility described in this agreement. Some of
the programs to be provided are as follows:
i)
ii)
iii)
iv)
Item # 12
Attachment number 1
Page 2 of 6
b) Assistance to the City: Provide Agency personnel and volunteers to service and
oversee the Programs at the Facility.
2. Area to be Served: Services rendered through this agreement shall be provided
primarily for the enjoyment of residents of Clearwater but will include residents of other
areas in order to make the offerings of said program feasible and successful.
Use of
a) No Illegal Use: The Agency promises and agrees that they will make or allow no
unlawful, improper or offensive use of the premises. Further, the Agency
understands and agrees that this provision specifically prohibits, among other acts,
the sale, consumption or use of alcoholic beverages or controlled substances
anywhere in, on or around the Center and those adjacent areas used by the
Agency.
b) Rules for Use: Rules and regulations governing the use of the Facility may be
established by the Agency, providing they are not in conflict or inconsistent with
the ordinances, policies or operating rules of the City generally and for the Facility
or the terms of this Agreement. Such rules and regulations developed by this
Agency may provide for and allow reasonable club or user fees to be retained by
the Agency.
C) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Agency promises to observe all City
ordinances and other applicable law.
d) Structure: No permanent alterations or improvements to the facility may be
made without the written consent of the City. Any permanent structural additions
approved by the City will become City property.
4. Payment for all operating expenses: The Agency is responsible to pay all operating
expenses associated with its Programs.
5. Payment of Fees and Taxes: If needed, the Agency shall obtain all required licenses at
its own expense and shall pay all required taxes necessary to the Agency's operation at
the Facility.
6. Payment of Resident and Non-Resident Fees: The Agency shall require that all
participants of their organization either have a resident or non-resident recreation card, or
provide hours per person of volunteer services to the City of Clearwater and pay
$ per person annually. Rosters of members and/or participants will be kept by the
Agency and the City may verify the rosters for compliance, in its sole discretion.
Item # 12
Attachment number 1
Page 3 of 6
7. Scheduled Reports of Agency Activities: The Agency shall furnish the City Parks and
Recreation Department with an annual report of activities conducted under the provisions
of this agreement within sixty (60) days of the end of the Agency's fiscal year. Each
report is to identify the number of clients served, the type of activities, programs offered
and number of volunteer hours worked by the members.
8. Non-discrimination: Notwithstanding any other provisions of this agreement during the
term of this agreement, the Agency for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race,
sex, handicap, national origin, religion, marital status or political belief, be
excluded from participation in, denied the benefit(s) of, or be otherwise
discriminated against as an employee, volunteer, or client of the provider. Agency
agrees to maintain reasonable accommodation and access for handicapped
persons.
b) Inclusion in Subcontracts: The Agency agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved
sub-contracts.
C) Breach of Nondiscrimination Covenants: In the event of conclusive evidence
of a breach of any of the above non-discrimination covenants, the City shall have
the right to terminate this agreement immediately.
9. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from the City. Agency further agrees to supply the City up
to three copies of any publication developed in connection with implementation of
programs addressed by this Agreement at no cost to the City. Such publications will state
that the program is supported by the City.
10. Liability and Indemnification: The Agency shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify, and hold harmless the City, its
officers, agents, and employees from and against any and all claims of loss, liability, and
damages of whatever nature, to persons and property, including, without limiting the
generality of the foregoing, death of any person and loss of the use of any property, except
claims arising from the negligence or willful misconduct of the City or City's agents or
employees. This includes, but is not limited to matters arising out of or claimed to have
been caused by or in any manner related to the Agency's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Agency in or about its premises whether or not based on
negligence. Nothing herein shall be construed as a consent by the City to be sued by third
parties, or as a waiver or modification of the provisions of Section 768.28, Florida
Statutes or the Doctrine of Sovereign Immunity.
3 Item # 12
Attachment number 1
Page 4 of 6
11. Insurance: The Agency agrees that it will indemnify and save the City harmless on
account of the negligent acts of Agency staff, volunteers or agents or on account of any
unsafe condition that may exist as a result of the negligent operation by Agency staff,
volunteers or agents of the facilities. The Agency further agrees to carry liability
insurance where appropriate and as requested by the City and as shown below; and add
the City of Clearwater to its insurance policy as an additional insured.
a) Comprehensive General Liability insurance on an "occurrence" basis in an
amount not less than $1,000,000 combined single limits Bodily Injury Liability
and Property Damage Liability.
b) Business Automobile Liability insurance for any motor vehicle owned by, hired
by, used by, or used on behalf of an Agency in the amount of at least $1,000,000,
providing Bodily Injury Liability and Property Damage Liability.
c) Worker's Compensation Insurance applicable to its employees, if any, for
statutory coverage limits in compliance with Florida laws.
d) Property Insurance, if available, as a tenant or user of City facilities in an amount
not less than $500,000.
e) Certificates of insurance showing coverage as provided above will be provided to
the City by
f) Special insurance requirements if needed by other groups, i.e. Long Center,
Pinellas County School Board, etc.
The address where such certificate(s) of insurance shall be sent or delivered is as follows:
City of Clearwater
Attention: Parks and Recreation
Superintendent of Recreation
P.O. Box 4748
Clearwater, FL 33758-4748
Also, copy to be sent to Risk Manager at same address.
ARTICLE III. RESPONSIBILITIES OF THE CITY
Grant of In-Kind Services:
a) The City agrees to provide ballfield, lawn and landscape maintenance services for
all areas in the park and around the Facility, as applicable and as annual budgets
allow.
b) The City will fund the cost of all utilities including water, sewer, sanitation, storm
water, gas, recycling as well as electrical costs.
Item # 12
Attachment number 1
Page 5 of 6
C) The City will not provide any other additional in-kind services, supplies, labor or
equipment whether on loan or for consumption to the Agency.
2. City Liaison: The Recreation Programming Division of the City of Clearwater will serve
as the City Liaison for the Agency
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement between the parties on the subject hereof and
may not be changed, modified, or discharged except by written Amendment duly executed by
both parties. No representations or warranties by either party shall be binding unless expressed
herein or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
For Cause: Failure to adhere to any of the provisions of this agreement as determined by
the City shall constitute cause for termination. This agreement may by terminated with
30 days written notice without any further obligation by City.
2. Without Cause: Either Party may terminate this Agreement immediately without cause.
Upon such termination, the Agency shall remit to the City all monies due hereunder
within fifteen (15) days.
For Municipal Purpose: The City may terminate this Agreement in the event it
determines that the premises are required for any other municipal purposes by giving
thrity (30) days written notice of such intended use, following which this Agreement shall
terminate in every respect, and both parties shall be relieved of any further obligations
hereunder, except that Agency shall be responsible for full payment of all costs and
expenses resulting from the operation hereof, together with any other monies due in
accordance with this Agreement.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand-delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth
(5th) business day after the day on which such notice is mailed and properly addressed.
If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL
33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758.
2. If no Agency, addressed to
Item # 12
Attachment number 1
Page 6 of 6
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of , 20.
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard William B. Horne, II
Mayor City Manager
Approved as to form:
Laura Lipowski
Assistant City Attorney
Name of Agency
By:
Printed Name:
Attest:
Cynthia E. Goudeau
City Clerk
Chief Executive Officer/President of the Agency
Item # 12
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: 12/4/2008
Cover Memo
Item # 13
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: 12/4/2008
Cover Memo
Item # 14