Special City Council - November 14, 2022

City Council 

Special Meeting

November 14, 2022

The Titusville City Council met in special session on Tuesday, November 14, 2022 in the Council Chamber of City Hall, 555 South Washington Avenue, Titusville, Florida. The meeting was called to order at 5:30 p.m. Those present included Mayor Daniel E. Diesel, Vice-Mayor Robert L. Jordan, Jr., City Council Members Jo Lynn Nelson, Joe C. Robinson, and Dr. Sarah Stoeckel. Also, in attendance were City Manager Scott Larese, City Attorney Richard Broome, and Senior Administrative Assistant Emily Campbell. Senior Administrative Assistant Emily Campbell completed the minutes. 

Mayor Diesel requested a moment of silence and led those present in the Pledge of Allegiance to the Flag. Senior Administrative Assistant Emily Campbell read the procedures for public comment and participation. 

The purpose of the special meeting was to consider Successor Agreement between the Laborers’ International Union of North America Local 630 and the City of Titusville and the Engagement Letter from Leonard M. Collins, Esq. of Gray Robinson, P.A. 

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Successor Agreement between the Laborers’ International Union of North America Local 630 and the City of Titusville – City Manager Larese advised that the request was to approve the Collective Bargaining Agreement between the Laborers' International Union of North America Public Employees' Local 630 and the City of Titusville.

The City was notified that the contract ratification vote held on October 27, 2022 passed by a majority vote (80-0) of the members. This collective bargaining agreement has been negotiated with the intent of achieving the goals of the pay plan study for the City of Titusville conducted earlier this year.

Wages shall be retroactive to the first pay period of FY 2023.

A summary of the changes was: 

• Article #13 Sick Leave and Personal Leave Usage - The City and the Union agreed to remove the cap of 40 hours of personal leave per calendar year.
• Article #19 Wages - Wages proposed for FY 2023 are consistent with Half Pay Plan Study implementation + COLA adjustment paid 1st pay period of FY 23. The parties agree to implement second half of the pay plan adjustment at a time that was budgetarily feasible during FY 2023. 
• Article # 32 Entire Agreement – Duration - This Agreement was for three years with the intent to reopen wages and two additional articles for years two and three.

Motion: Vice-Mayor Jordan moved to approve the Collective Bargaining Agreement between the Laborers' International Union of North America Public Employees' Local 630 and the City of Titusville. Member Nelson seconded the motion. The roll call vote was:

Member Robinson                  Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

The motion carried unanimously.

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Engagement Letter from Leonard M. Collins, Esq. of GrayRobinson, P.A. – City Manager Larese advised that the request was to accept and approve Engagement Letter from Attorney Leonard M. Collins of the GrayRobinson, P.A. law firm.

On July 12, 2022, City Council approved the acceptance of the representation of Mark Logan, Esq. of the Sniffen & Spellman law firm to represent the City in the pending litigation regarding Speak Up Titusville's proposed Charter Amendment.

The City requested to substitute counsel with Attorney Leonard M. Collins of the GrayRobinson law firm to represent the City's interests in the pending litigation regarding the challenge to the Right to Clean Water Charter Amendment and any subsequent appeal.

Member Robinson discussed how the citizens voted for the Speak Up Titusville's Right to Clean Water Charter Amendment, but the language was not specific on the ballot. Member Robinson asked what position this put the City in at this time.

City Attorney Broome stated that in his opinion, the City was not moving forward and would continue the declaratory judgement as amended. The City was continuing litigation based on state laws.  City Attorney Broome stated that the Judge was unable to hear the case prior to the Right to Clean Water Charter Amendment being placed on the ballot. 

Mayor Diesel stated that the City did their part by forwarding the language of the petition to be placed on the ballot, but it was up to the judge to decide the next steps.

City Attorney Broome stated the City was trying to make sure that the Right to Clean Water Charter Amendment complied with state law.

Member Stoeckel stated that the Council Members were ensuring that the Right to Clean Water Charter Amendment’s ballot language complied with the law.

City Attorney Broome stated that the City was substituting counsel with Attorney Leonard M. Collins of the GrayRobinson law firm to represent the City's interests in the pending litigation regarding the challenge to the Right to Clean Water Charter Amendment. City Attorney Broome stated that the fees would be the same. 

City Attorney Broome asked for authorization to sign the engagement letter if there was a motion to retain this firm. 

Member Nelson asked about the time frame. City Attorney Broome stated that it was up to the Judge, but it would move quickly and he would keep Council updated. 

Vice-Mayor Jordan stated that the challenge was if the citizens had enough signatures on the petition, it was required to be put on the ballot. The City felt it was against state law and the Judge was unable to have a hearing prior to it being added to the ballot.

Motion: Vice-Mayor Jordan moved to accept and approve the Engagement Letter from Attorney Leonard M. Collins of the GrayRobinson, P.A. law firm and authorize signature of the engagement letter. Member Nelson seconded the motion.

City Attorney Broome asked to confirm that the City was taking the approach that the language on the Right to Clean Water Charter Amendment was misleading and should not have been on the ballot and that it was preempted by law. Council agreed. 

The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

The motion carried unanimously.

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Petitions from the Public Present – None. 

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 With no further business to discuss, the meeting adjourned at 5:47 p.m.