Fort Walton Beach Council agenda — 01-24-12 regular — reading text

Completed 01/ 18/ 20121: 36 PM Completed 01/ 18/ 20121: 52 PM City Manager City Council Pending Packet Pg. 125  6uipuetsrapun to wnpuerowaw : mo leu! a now aria zL -vz -f auountag1V CmI pi MEMORANDUM OF UNDERSTANDING A a The City of Fort Walton Beach ( hereafter, the " City ") and the International Association of Firefighters, Local 2601 ( hereafter, the" IAFF'), collectively the `Parties," hereby agree to the following Memorandum of Understanding: WHEREAS, the City and IAFF are Parties to a collective bargaining agreement that expired on September 30, 2010; and, WHEREAS, the collective bargaining representatives for the Parties are currently engaged in meaningful and productive collective bargaining negotiations; and, WHEREAS, the Parties desire to continue negotiating and agree it would be in the best interest all parties to agree to an alternative pilot program for hours of work; and, WHEREAS, the City and the IAFF agree to implement a pilot program without waiving other rights to bargain with respect to other terms and conditions of employment that the parties have not yet agreed on; and NOW, THEREFORE, the parties agree as follows: L Effective within sixty ( 60) days of agreement by the parties to this MOU the bargaining unit working hours will be changed to a 48 -hour on duty, 96 -hour off duty rotating shift schedule. 2. This schedule change will be implemented for a one ( 1) year trial basis and considered a pilot program. 3. During this pilot program if there is a diminution of response time or service, an increase in fatigue that has an impact upon the delivery of service, or a substantial unanticipated cost increase, the Chief may end the pilot program. The IAFF can end the pilot program in the event the bargaining unit members no longer desire to 57177  6uipuetsiapunjo wnpuejowayt : L£ 90 leu! d now al! d ZI- 6Z- t, : luawgoellV NA v a a continue the schedule. In the event such an event occurs that reverting party may notify a the other party in writing and the schedule will revert back to the schedule set forth in Article 14 of the collective bargaining agreement. The reversion back to the prior schedule, if requested, shall occur within sixty ( 60) days of receiving written notice and shall not be at an overtime expense to the City. 4. If after one ( I) year the parties agree that the schedule is mutually acceptable, the schedule set forth herein shall become the schedule for the bargaining unit. 5. The Chief shall assess the key measure and indicators to ascertain whether the pilot schedule is creating an adverse effect upon customer service, the employees or the interests of the City. 6. The IAFF shall not assert any complaint of a unilateral change in terms and conditions of employment related to the above adjustments in their schedules. The Parties signify their agreement with this Memorandum of Understanding by affixing their signatures below. 1-2-04 ? res. For the City For the IAFF Date: Date: I/ w /l Z 57177  14.3 City CouncilCITY of Fort Walton Beach 0 To: MANAGER MEMORANDUM Robert T. Meams, City Manager From: Carole Jones, Executive Assistant Date: January 24, 2012 Subject: Request to appeal City Manager decision ATTACHMENTS: 12 - 13 -I1 SR re Wilson Appeal DOC) 12 -13 - 11 Wilson agenda request PDF) 12 - 13 - 11 Wilson c -m request PDF) 12 - 13 - 11 Wilson e- m denial PDF) DOC) City Code Section - Special Events 12 - 13 - 11 Memo re Wilson Appeal ( DOC) SIGNATURE BLOCK: Carole Jones Completed 12/ 06/ 2011 11: 27 AM Carole Jones Completed 12/ 06/2011 11: 27 AM Completed 12/ 06/ 2011 12: 16 PM City Manager City Council Pending Paeket Pg, 12$..  14. 3.. CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: November 30, 2011 TO: Honorable Mayor and Council Members FROM: Robert T. Meares, City Manager SUBJECT: Wilson Appeal On Monday, November 28, 2011 1 was visited by Mr. Chris Wilson who sought information regarding the use of City parks as a locale for events he would either sponsor or cater to private parties. The events would occur on a regular basis and alcohol would be served at these occasions. i asked him to send me a letter or e- mail me his exact request so that I could respond to him in writing. On Tuesday, November 29, 2011 Mr. Wilson sent the attached e -mail, to which I responded with the attached return e- mail the same day. In short, I denied his request because of the language in the Code of Ordinances ( attached) that governs the consumption of alcohol in public parks which states that the city manager may grant temporary approvals for the consumption of alcoholic beverages for temporary or special events. Mr. Wilson' s proposal did not appear to me to be either a temporary or special event but rather a request for blanket approval to operate an on- going private business in city parks, therefore I could not grant approval of his request Included in my e -mail was information in the Code that provides for an appeal of the denial of his request. On Wednesday, November 30, 2011 Mr. Wilson appeared at city hall and requested that he be placed on the next agenda ( December 13, 2011) to appeal the denial of his request. He later e- mailed his request to me. That request is attached. Lease Options On City Owned Properties Padtet Pg. 129  Page 1 of 3 14.3. b Carole Jones From: Robert Mearns Sent: Friday, December 02, 2011 10: 31 AM To: Carole Jones Subject: FW: Permit change request Please place as backup for this agenda item. Robert T. Mearrtr City Manager OUce , fthe Ciry Manager 107 Miracle Strip Parkway Ft. Welton Beach, FL 32548 850- 833- 9504 850 -833 -9640 ( F.) Please Note'. Florida has a very broad public records law. Most written communication to or from the City of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore be subject to public disclosure. From: Nikki and Clay ... [ mailto: nikandclay @yahoo. comj Sent: Friday, December 02, 2011 10: 29 AM To: Robert Mearns Subject: Re: Permit change request Mr Mcams, Please take this as a notice that we intend to appeal your decision to deny our request for temporary permission to sell and serve alcoholic beverages within the city of Fort Walton beach parks. I believe that the determination that we are a permenate structure is an error. We will be temporary by any stretch, there for, all else being equal, you as a city manager can and should issue us a temporary permit for each individual function. Please place this on the pocket for the Decemeber 13, 2011 meeting. Thank you, Chris Wilson From: Robert Mearns < rmearns @fwb.org> To: Nikki and Clay ... < nikandclay @yahoo. com> Cc: City Council < CityCouncil @fwb. org >; Hayward Dykes < hdykes@emeraldcoastlawyers. com >; Helen Spencer hspencer@fwb.org >; Jeff Peters < jpeters @fwb. org >; Carole Jones <cjones @fwb.org> Sent: Tuesday, November 29, 2011 2: 16 PM Subject: RE: Permit change request Mr. Wilson, Following our meeting yesterday I researched the issue you presented regarding the consumption of alcohol in City parks and City property. Section 8. 03. 08 of the Fort Walton Beach Code of Ordinances states: 18.03. 08 Alcohol Use for Events: During learnporary or special events to be conducted at, upon, or on any public street, sidewalk, right -of -way, parking lot, in any alley, city park, city recreational or cultural center, city softball complex, city tennis complex, or other public property, the city manager may permit temporary authority for individuals to consume or possess any alcoholic beverage in any cup, can, bottle, or other open Packet Pg. 130 12/ 2/ 2011  Page 2 of 3 14.3. b container." ( Emphasis added) The term temporary event refers to a limited time event and not one that is on -going or permanent A special event is one in which a permit is applied for through an application process and is also temporary leg. Billy Bowlegs festival). It is my understanding your business plan is to hold events, or cater to them, on City property at least 2 -3 times per week and serve alcoholic beverages at each event in order to attract customers. As your plan is neither temporary nor a special event, per the Code no temporary authority could be permitted to approve you request. I have included an appeal process for you should you desire to appeal this decision. 8. 03.09 Appeals: If an application for a temporary or special event permit is denied, the applicant shall have five days from the date of the written denial to request that the city council reviews the denial. The applicant must be physically present or represented by an agent, authorized in writing to represent the applicant, at the council meeting during which the application will be reviewed. After consideration of the application and the reasons for denial, the city council shall have the authority to grant or deny the application.