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HomeMy WebLinkAboutCollective Labor Agreement with Local #2311 International Association of Fire Fighters for MFD AGREEMENT The City of Meridian hereinafter referred to as the DEPARTMENT, and Local #2311 International Association of Fire Fighters, hereinafter referred to as UNION, in order to increase general efficiency in the Fire Department, to maintain existing harmonious relationship between the Fire Department and its employees, and to promote the morale, rights and well-being of the members of the Fire Department, hereby agree as follows: ARTICLE 1 - RECOGNITION Pursuant to Title 44, Chapter 18, Idaho Code, the DEPARTMENT recognizes the UNION as the exclusive bargaining agent for all full time paid employees of the Fire Department except management personnel and clerical support. ARTICLE 2 - DISCRIMINATION There shall be no discrimination against, intimidation or harassment of any employee by either the DEPARTMENT, EMPLOYEE, the UNION or any member acting on behalf of the UNION, because of the employee's membership or non- membership in the UNION or by virtue ofhis/her holding office or not holding office in the UNION. The DEPARTMENT and the UNION agree that neither shall discriminate against any employee or prospective employee with respect to his/her compensation, terms, conditions, or privileges of employment because of such employee's race, color, religion, sex, national origin or other factors which do not constitute bona fide occupational requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. ARTICLE 3 - PREVAILING RIGHTS All rights, privileges, and benefits held by the firefighters at the present time which are not included in this contract shall remain in force unless change is agreed to by both parties. The DEPARTMENT may change or cancel any such right, privilege or benefit when deemed in the best interest of the Fire Department. Any change or cancellation of any right, privilege or benefit that is done for harassment, and/or retaliation, without just cause or applied unfairly shall be subject to the grievance procedure. ARTICLE 4 - UNION DUES, FEES and ASSESSMENT CHECK OFF The EMPLOYER agrees to deduct authorized union dues, fees and assessments in amounts specified by the authorized officer of the UNION, from the pay of the bargaining unit employees upon written authorization. The EMPLOYER further agrees to transmit those amounts monthly to the UNION. The UNION agrees to certify to the EMPLOYER the amount of authorized dues, fees and assessments. The EMPLOYER will show deductions of dues, fees and assessments on the employee's monthly check stubs. ARTICLE 5 - UNION BUSINESS Firefighters elected to Union office shall be granted time off to attend functions, conventions and seminars within the State of Idaho, provided that the Fire Chief is given seventy-two (72) hours notice and approves such leave. Up to three (3) members of the Union's Contract Negotiation Committee shall be allowed time off either with leave without payor vacation time at the employee's discretion, for all meetings with the DEPARTMENT for contract negotiations, for union conventions and for union seminars mutually set by the DEPARTMENT and the UNION. ARTICLE 6 - PERSONNEL REDUCTION OR RESTRUCTURING In case of personnel reduction, the member with the least seniority shall be released fust. No new employees will be hired until the furloughed members have been given the opportunity to return to work. If at any point a restructuring causes a decrease in an employee's rank as justified due to Fire Department adjustments, that person will assume the next available opening in that rank. Seniority being considered: skills, qualifications and abilities are the determining factors. The DEPARTMENT shall be the sole judge of skills, qualifications and ability. ARTICLE 7 - RULES and REGULATIONS The rules and regulations and policies of the DEPARTMENT relating in any way to wages, hours and/or conditions of employment shall be made a part of this agreement. The rules and regulations of the DEPARTMENT as provided in Idaho Code shall be subject to change by mutual consent. ARTICLE 8 - INSURANCE During the term of this Agreement, the DEPARTMENT shall pay 100% of the employee premiums for health, workman's compensation, dental, life, short & long-term disability insurance. The DEPARTMENT shall pay the same premium and provide identical coverage to firefighters for health insurance that is given to other city employees. that is comparable to coverage in policies, in existence as of the effective date of this agreement. The DEPARTMENT will pay 80% of the same premium for the family health and dental that it pays for other city employees. plan. This provision will be reviewed on an annual basis after quotes for insurance are received to determine what adjustments may be needed to employee contributions to the plan. The DEPARTMENT further agrees to cover increases in premiums for employees up to 3% not to exceed $15.00 per month or $180 per year. however adjustment in coverage may be necessary if premiums quoted are above that amount. Any adjustments will not exceed adjustments made to other City employees. The DEPARTMENT reserves the right to make changes in carriers, premiums and provisions of these programs when deemed necessary or advisable. The City of Meridian agrees to establish an insurance review committee that will review the employee's insurance coverage on an annual basis and make recommendations to the City Council. The Union will be given a position for a representative on this committee. 8.1 - Survivor's Health Insurance or Survivor's Benefits In the event a Firefighter dies in the line of duty, the DEPARTMENT agrees to pay 25% accumulated sick leave to the spouse or dependent children (if spouse is deceased or divorced) as survivors benefits or the DEPARTMENT will pay 25% accumulated sick leave toward health insurance coverage for the family if insured at the date of death. Thereafter at their own expense those dependents identified on the health insurance may continue the coverage under COBRA as required by law not to exceed a total of36 months. 8.2 - Retirement Benefits When a Firefighter retires nom active duty, the DEPARTMENT agrees to pay 10% accumulated sick leave toward the health insurance coverage for the retiree. Thereafter, the retiree may continue the coverage under COBRA as required by law not to exceed a total of 18 months at their own expense. ARTICLE 9 - SICK LEAVE Any employee incurring a non-duty sickness or disability which renders him/her unable to perform his/her duties shall receive sick leave with full pay within his/her accumulated sick leave time. Suppression employees shall accrue fourteen (14) hours per month beginning October 1, 2003. The maximum time accumulated shall be 2920 hours. Any employee whose employment with the DEPARTMENT is discontinued shall be paid athis/her regular wage rate for 10% of his/her accrued sick leave. If an employee is involuntarily terminated by the DEPARTMENT, no pay will be given. Any employee unable to perform his/her duties for more than three (3) consecutive shifts due to non-duty sickness or disability shall be required to provide medical documentation from his/her attending physician that states the employee is unable to perform his/her duties. An employee may be required to provide a physician certificate prior to the use of three (3) consecutive work shifts to ensure compliance with the provisions of the Family Medical Leave Act. An employee on medical, injury or incidental leave will not accrue any sick leave benefits for leaves that exceed six (6) or more consecutive work shifts. ARTICLE 10 - INJURY LEAVE Whenever an employee is incapacitated on the job, he/she shall be entitled to injury leave with full pay which includes the wage scale in APPENDIX A, during the period in which he/she is unable to perform his/her duties or until such time as he/she has been accepted for retirement by the current retirement system. The period of injury leave is limited to a maximum of twelve (12) months and any Worker's Compensation benefits received by the member for total or partial temporary disability during the employee's injury leave with full pay shall be turned over to the DEPARTMENT. All employees on injury leave shall be subject to an examination by a Doctor acceptable to the DEPARTMENT. Whenever a full-time employee is unable to perform his/her FULL DUTIES as a result of a "LINE OF DUTY" injury or illness, he/she may be required to report to work in a LIGHT DUTY status if management determines that light duty work exists or is available at that time. Management has the right to determine if light duty work exists. Assigned LIGHT DUTY shall be strictly limited to instructions provided by the sick/injured employee's medical doctor regarding his/her physical and/or mental status. He/she must provide a doctor's release to the Chief or his/her designee stating what functions he/she is able to perform, and for how long (hours per day or per shift, days or shifts per month, etc.). Assigned LIGHT DUTY shall in no way endanger, aggravate or prolong the full physical and/or mental recovery of the sick/injured employee. LIGHT DUTY shall in no way affect the existing vacation, holiday, sick leave or other benefit accrual as previously agreed to or provided for by this agreement or by past practice of the management. ARTICLE 11- VACATION I. All twenty four (24) hour shift employees covered by the terms of this Agreement shall accrue paid vacation leave on a monthly basis according to the following schedule: 10/1/2003 a. Zero to four (0-4) years of service b. Five to nine (5-9) years of service c. Ten to fourteen (10-14) years ofservice d. Fifteen to nineteen (15-19) years of service e. Twenty (20) and over (14) hours/month (16) hours/month (18) hours/month (20) hours/month (22) hours/month Maximum hours accrued shall be 600. Any amount over the maximum will be lost. Any employee whose employment with the DEPARTMENT is discontinued for any reason shall be paid at his/her regular wage rate for all accrued and accumulated vacation. INCIDENTAL LEAVE Incidental leave is defined as vacation leave not previously scheduled during yearly vacation scheduling planning. Incidental leave may be granted at the sole discretion of the management of the DEPARTMENT and must be taken in not less than four (4) hour increments. HOLIDAYS All employees shall accrue and receive eight (8) hours paid leave for each of the holidays listed below and any additional days recognized by the State ofIdaho. All holiday time shall be in addition to the employee's vacation leave, and shall accrue as each holiday occurs. All 24 hour shift employees shall have the holiday leave added to their vacation leave. All employees shall be entitled to ten (IO)holidays per year as listed below: NEW YEAR'S DAY PRESIDENT'S DAY VETERAN'S DAY INDEPENDENCE DAY MEMORIAL DAY LABOR DAY COLUMBUS DAY THANKSGIVING DAY CHRISTMAS DAY CIVIL RIGHTS DAY ARTICLE 12 - RELIEF PERSONNEL The DEPARTMENT will provide qualified relief personnel with full-time employees. Monday through Friday, if possible. On call personnel will be used first choice on weekends, ifpossible.-Sufficient relief personnel shall be used to maintain normal coverage of each shift period of vacation, holidays, sick leave and fire related education. ARTICLE 13 - VACANCIES Any unfilled position caused by termination, retirement, promotion or otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be filled from a hiring list of eligible applicants on file for that position. Promotions and vacancies for the position of Driver, Captain and any other positions added to the ranks of the DEPARTMENT which pertain to shift personnel shall be filled nom the current ranks of the full-time personnel of the Meridian Fire Department. After the test is given and if appropriate training has been provided for the position tested and there are no successful candidates a second test will be given and if there are still no successful candidates for these positions, management has the right to hire outside of the Meridian Fire Department to fill the open position(s). All promotional examinations shall be given and vacancies filled within 90 days. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. ARTICLE 14 - PROMOTIONS Eligibility tests for promotion and newly created positions shall be based on examinations given. To be considered for promotion the employee must have served one continuous year in the previous position. Examinations will be given once a year for Drivers; and will be given in the Spring of each year. For the positions of Officers, the examination will be given every two (2) years in the Spring. An accurate bibliography and scoring criteria for the positions being tested shall be given to the eligible candidates 90 days prior to the test date. In the event of an opening/vacancy for a position in which there are no qualified candidates on the current promotion/eligibility list of that position, a special test may be given, by mutual consent of both parties to fill the vacancy/opening. All examinations shall be impartial and shall relate to those matters which will test fairly the candidate's ability to discharge the duties of the position to be filled. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. The DEPARTMENT shall be the sole judge of skills, qualifications and ability. Seniority for promotions will be one-half (l/2) point per year of service up to a maximum offive (5) points. Promotional examinations shall consist of a written test and assessment center. A minimum of 70% will be required to pass each portion of the promotional examination. Seniority points will be added after successfully passing the examination. The following formula will be used to determine the candidate's fmal score on promotional examinations. Example: + /2= + 81.0% Written Examination 75.0% Assessment Center 78.0% 4.0 Seniority Points (8 years service) 82.0 Final Score ARTICLE 15 - GRIEVANCE PROCEDURE Disputes or differences arising between the DEPARTMENT and the UNION and/or individual members of the Fire Department as to the meaning or application of any provision of this Agreement or of the Rules and Regulations of the Fire Department (as provided in article 7), relating in any way to employees' wages, hours and/or conditions of employment, shall be settled in the manner provided herein. For the purpose of this provision, such a dispute or difference shall be referred to as a "Grievance." Step One: Any employee who has a grievance shall notify the Union Grievance Committee in writing within ten (10) business days from the date of the grievance, or ten (10) business days from the time the employee, through reasonable diligence, should have been aware of it. The Union Grievance Committee, hereinafter referred to as UNION, shall within the next ten (l0) business days determine if the grievance has merit. If in its opinion, the grievance does not have merit, no further action shall be necessary. Step Two: If it is the opinion of the UNION that a valid grievance exists, the UNION shall present the grievance in writing to the Fire Chief within ten (10) business days after their decision. All parties to such discussion will make a good faith effort to resolve the grievance. The Fire Chief thereafter shall give his/her reply in writing within ten (l0) business days. Step Three: If the grievance has not been resolved in Step Two, the UNION shall present the grievance in writing to the DEPARTMENT within ten (10) business days fÌ'Om the receipt of the Fire Chief's written reply. All parties to such discussion will make a good faith effort to resolve the grievance. The DEPARTMENT thereafter shall give its reply in writing within ten (10) business days. Step Four: If the grievance has not been resolved at the appropriate lower Step(s), either the UNION or DEPARTMENT may within ten (10) business days refer the grievance to an Arbitrator by serving written notice upon the other. The UNION and the DEPARTMENT shall both select an individual to represent their interests in the grievai1ce process. These individuals may not be members of, or employees of either the UNION or the DEPARTMENT. These two individuals shall request Director of the Department of Labor and Industrial Services of the State of Idaho to supply a list of seven (7) proposed arbitrators, none of the (7) shall be individuals that have represented either the UNION or the DEPARTMENT. Within five (5) business days after receipt of this list the UNION'S representative and the DEPARTMENT'S representative shall select an Arbitrator by alternately striking one (1) name at a time from the list until only one (I) name remains. The party striking the fust name shall be determined by a coin toss. Both parties shall accept the name remaining on the list as the Lead Arbitrator. The Arbitration Board shall conduct a hearing and shall render a decision in writing, which shall be fina1 and binding on both parties, subject only to the parties' right to seek vacation or modification to the Arbitration Board award pursuant to the provisions of Chapter 9, Title 7 Idaho Code. The Arbitration Board shall have only such jurisdiction and authority to interpret and apply the provisions of this Agreement as shall be necessary to the determination of the arbitration issue. The Arbitration Board shall not have any power to add or subtract from, modify or alter in any way, the provisions of this Agreement. The cost of arbitration shall be borne equally by the DEPARTMENT and UNION. ARTICLE 16 -NO STRIKES - NO LOCKOUT Upon the consummation and during the term of this Agreement, no member of the Fire Department covered by this agreement shall strike or recognize a picket line of any labor organization while in the performance ofhis/her official duties, in accordance with Idaho Code Section 44-1811. It is mutually agreed that there shall be no strike authorized by the UNION and no lockout authorized by the EMPLOYER, except for the refusal of either party to submit to or abide by the grievance procedure set forth herein. No picket line, at or around the City's property, established by any other person or organization shall be sanctioned or honored during the term of this Agreement. The UNION agrees that as part of the consideration for this Agreement, it will, within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow-downs or suspensions of work, instructing their members to work immediately. The UNION agrees that it will not assist employees participating in unauthorized work stoppages, strikes, slow-downs or suspensions of work. For purposes of this section, the term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and picketing of the City's premises. ARTICLE 17 - UNIFORM ALLOWANCE All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 minimum requirements for station uniform wear. The brand, style, materials and color of uniforms shall be designated by the Fire Chief. Under this article the DEPARTMENT shall provide each employee with $725.00 credit per fiscal year for the purchase of station uniform wear. New firefighters will be given $800.00 credit to purchase uniforms immediately following his/her hire date. On the firefighter's anniversary date, of the first year of service, the firefighter shall receive $60.00 credit for each month between the anniversary date and the DEPARTMENT'S fiscal year end. Any unused portion of the uniform allowance will be carried over to the following years uniform allowance. ARTICLE 18 - HOURS OF WORK AND DESIGNATED WORK PERIODS The designated work period for all Fire Department personnel covered under this Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular hourly rate and 12 hours paid at the overtime rate if no excluded hours under the act has been taken. The regular work schedule for suppression personnel shall be three (3) shifts on duty every other day and then four (4) days off. A shift shall be twenty-four (24) hours of duty, starting at 0700. For illustration purposes, the regular work schedule for suppression personnel is listed below with an X representing an on-duty shift and a Y representing an off-duty shift. Xyxyxyyyy ARTICLE 19 - BEREAVEMENT LEAVE In the event of a death in the employee's immediate family, he/she shall be entitled to 24 hours and up to 48 hours leave of absence at the discretion of the Chief. Additional leave may be granted from accrued vacation leave or unpaid leave of absence. Sick leave may also be granted at the discretion of the Fire Chief or his/her designee. The immediate family shall be defined as spouse, child (which shall include a step-child, foster child or legally adopted child), mother, father, brother, sister, grandparent, grandchild or in-laws (defined as a father, mother, sister and brother in-law). ARTICLE 20 - CALL BACK Any employee reporting for duty while off-duty shall have all of the benefits that he/she would normally have while on his/her regular tour of duty. Employees shall receive overtime pay at one and one-half (1 1/2) times his/her normal rate of pay for all overtime worked. There shall be a minimum of two (2) hours pay for all call back, overtime, or incidents work. Additional calls during the initial 120 minutes of each call back, overtime, or incident worked will not be further compensated. Any time worked after the flfSt two hours will be compensated at one-half (1/2) hour increments, rounded up to the next half-hour. All overtime accumulated by an employee shall be due and payable on their next pay period. ARTICLE 21 - WORKING OUT OF CLASSIFICATION All employees of the DEPARTMENT covered by this Agreement and who are tested as the promotions Article and certified as meeting the eligibility requirements shall, when circumstances warrant, accept and assume the duties of the position or rank above that which he/she normally holds. Each employee assuming the higher duties or rank shall be paid at the wage scale of the higher position or rank, for time worked at the higher position or rank, utilizing the same standards set forth in CALL BACK. ARTICLE 22 - EFFECTIVE DATE This Collective Labor Agreement shall become effective October 1, 2003 and remain in full force and effect through September 30, 2005. This Agreement may be reopened at any time for negotiations on any mutually agreed item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho Code. ARTICLE 23 - SAVINGS CLAUSE If any provisions of this Agreement or the application of such provision should be rendered or declared invalid by any court having jurisdiction, or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. ARTICLE 24 - STAFFING Sufficient employees shall be maintained on duty and available for response to alarms. Sufficient employees shall be on duty and available to provide a minimum of one firefighter, one driver, and one officer per station. If sufficient employees are not available to meet the minimum staffmg requirements, firefighters shall be retained or recalled as per the RELIEF PERSONNEL article in this Agreement. Units shall not be placed out of service for reasons of insufficient personnel. ARTICLE25-SALARIES Wages for all employees of the Fire Department shall be as fixed and set forth in APPENDIX A, attached hereto. ARTICLE 26-MANAGEMENT RIGHTS The DEPARTMENT shall have the exclusive right to exercise the regular and customary functions of management, subject to the provisions of this Agreement and consistent with applicable law and regulations, including, but not limited to: Determining the DEPARTMENT'S financial, budgetary, accounting and organizational policies and procedures; Directing the activities and operations of the DEPARTMENT; Determining the levels of service and methods of operations; To create and oversee personnel policies, rules and regulations not consistent with any other term of this Agreement; The introduction of new equipment; The right to hire, lay-off, transfer and promote; To discipline and discharge employees for cause; To determine work schedules and assign work; To determine job qualifications; To take whatever action may be necessary to carry out its mission. Provided that nothing in this Article shall nullify: (I) Any provisions elsewhere. in this agreement, or (2) The City's statutory obligation to negotiate with the Union Pursuant to Chapter 18, Title 44, Idaho Code. Any change or cancellation of any such right or privilege that is provided within Idaho Code shall be subject to the grievance procedure. The terms hereof are intended to cover only minimums in wages, hours, working conditions, benefits, and other terms and conditions of employment. The City may place superior wages, hours, working conditions, benefits and other terms and conditions of employment in effect and may reduce the same to the minimums herein prescribed. Other: This Article shall not preclude the Union and the City from meeting during the period of the contract to either (I) discuss procedures for avoiding grievances and other problems, or (2) generally improving relations between the parties. ARTICLE 27 - ALCOHOL & DRUG POLICY The DEPARTMENT and its UNION members agree to abide by the City of Meridian's Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is included in this agreement as Appendix B. It is agreed that changes made to this policy, shall not apply to the UNION without written consent of its members. DATE AND SIGNED this /íl'" CITY OF MERIDIAN ~y¡ . ",," " """'" "" ¡:: M~"" 11// "", -I. 0 '-'l'IDL IIIII ~ &- \\P"'" '11- I~ /' ',..p -""'~<'() '\ l ~ ~ - - ATTEST: day of r:~ßf~ f!2. ZIIO'/- ¿ , , 'Ze9+. . oJ. IAFF LOCAL #2311 B~~/Ø (Bhike Campbell) President ATTEST: BY:~ .::;::?"" (Lance Smith) Vice President APPENDIX A All "Firefighter" levels listed below are State of Idaho Firefighter Certification levels and must be served in one (I) continuous year, as per the Promotions Article. Wage Scale- The job classification and wage rates for the employees covered by this Agreement shall be as follows: EFFECTIVE DATES Job Titles 10/1/03 (2.5%) 1/31/04 (%TBD) 10/1/04 (3.0%) Introductory Employee 2,639 Monthly 2,718 Monthly 31.668 Yearlv 32.618 Yearly Firefighter I 2,848 Monthly 2,931 Monthly 34.157 Yearly 35.181 Yearlv Firefighter II 3,344 Monthly 3,444 Monthly 40.128 Yearly 41.331 Yearly Firefighter III 3,687 Monthly 3,797 Monthly 44.244 Yearly 45.571 Yearly Driver 3,977 Monthly 4,096 Monthly 47.724 Yearly 49.155 Yearlv Captain 4,429 Monthly 4,561 Monthly 53.148 Yearly 54.742 Yearly The Union and the DEPARTMENT agrees to reopen and negotiate the Salaries Article in the month of January 2004. Increases will be effective, 1/31/04 to 9/30/04 and will be equal to or greater than other City employees. Educational Pay: All employees who have furthered their education and have acquired the following degrees that are related to the fire service, shall be paid the following amounts monthly in addition to the salaries listed above. Associate's Degree: $25.00 Bachelor's Degree: $50.00 Master's Degree: $75.00 APPENDIX B CITY OF MERIDIAN ALCOHOL AND DRUG POLICY POLICY STATEMENT In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the city's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug-Free Workplace Policy is not intended to replace or supercede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace ftee from alcohol and illegal drugs. The City requires compliance to this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. PURPOSE To outline the goals and objectives of the City of Meridian's drug and alcohol testing program and provides guidance to supervisors and employees concerning their responsibilities for carrying out the program. For purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. AUTHORITY & RESPONSffiILITY The Human Resources Director shall be charged with administering and interpreting this policy to the extent necessary to clarify it. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. I. PROHIBITED ACTIVITIES A. On-Duty I. Employees are expected to work alcohol and drug nee in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at ajob site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. 4. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. B. Off-Duty I. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. 2. Employees who are acquitted will be returned to work with back pay, if applicable. 3. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. II. Medication Prescribed by Physician The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. A. DISCIPLINE A. Any employee who possesses, distributes, sells attempts to sell, or transfers any illegal drugs no the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. B. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participating in the program. If the employee is required to participate in an alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination E. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including terminations. F. Employees who are required to participate in the City's Employee Assistance Program (RAP) will be subject to termination for the following policy violations I. Failure to contact the EAP within five (5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. 3. Abandonment of a treatment program prior to completion and being released. IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. B. Self- Referral 1. Rehabilitation assistance in lieu of discharge may be offered. 2. Any employee, who identifies him/herselfto have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (RAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. 3. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. 5. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non-paid leave of absence approved by the City. 6. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. V. EDUCATION A. Supervisors and other management personnel will be trained in: I. Overall City policy; 2. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; 3. Recognizing and intervening in situations that may involve violations of this policy; 4. EAP intervention, procedures and supervisor's role; 5. Documentation of employee performance and behavior. B. Employees will be trained and informed of: I. The health and safety dangers associated with alcohol and drug use; 2. The provisions of this policy through employee meetings and employee orientation. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol or drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and illegal drugs. 2. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. 3. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING I. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety offellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct-evidencing impairment observed over a period of time. 2. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST- ACCIDENT TESTING 1. Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four (4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: a. A fatality or personal injury to another person requiring transport for medical treatment away from the site of the accident; b. Damage to equipment or property owned by the City, or by a third part, that is estimated to exceed $500. c. Damage to City vehicles that is estimated to exceed $2000. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee's accident was definitely caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post-accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. D. RANDOM TESTING I. Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. 2. Sensitive positions are those that require an employee to: a. Carry firearms; b. Have custodial responsibility for illegal drugs; c. Perform emergency medical, lifesaving, and/or fire suppression activities; d. Have supervision over children in the absence of their parents or adult guardians; e. Have access to homes and/or businesses in the City; f. Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury. 3. The job functions associated with these positions directly and immediately relate to public health and ~afety, the protection oflife, and law enforcement. 4. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. 5. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. 6. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the ftequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. F. CDL Testing In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. VII. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES A. Specimen Collection Procedure 1. When hen a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath-testing device (EBT). If an individual is unable to take a breath-test due to a medical condition then a blood test will be administered. B. Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. C. Testing and Confirmation I. The cut-off levels for all Non-Dot testing is as follows: Drug Class Amphetamines Cocaine Phencyclidine (PCP) Marijuana Opiates Screening 1000 nglml 300 nglml 25 nglml 50 nglml 2000 nglml Confirmation 500 nglml 150 nglml 25 nglml 15 nglml 26 nglml 2. The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting ITom the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confIrmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confIrmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confIrmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the City within 48 hours of the employee being notified of the positive test result. 1. During the time the second test is being conducted, the pre-employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. VIII. TEST RESULT NOTIFICATION A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will immediately report a negative finding to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or his/her designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. IX. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). XI. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. XII. CONCLUSION The terms of this alcohoVdrug ftee workplace policy are intended to achieve a work environment where employees are ftee from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug ftee workplace policy, its employees will eI\Îoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. XIII. DEFINITIONS Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. Applicant: Any individual tentatively selected for employment with the City. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system. Employee Assistance Program (EAP): A contract-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. Illegal drug: means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look- alike drugs or use of a legal drug not prescribed to the employee. Legal drug: means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to drug or alcohol impairment. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. RESOLUTION NO. 04- 42.6 BY: /4ifÆ lfJircú A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNfCIPALITY, AN AGREEMENT ENTITLED "AMENDMENT TO THE COLLECTIVE LABOR AGREEMENT", BETWEEN THE CITY OF MERlDIAN AND LOCAL #23 I I INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with LOCAL #231 J INTERNATIONAL ASSOCLLI, TION OF FIRE FIGHTERS, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho Code, denoted as "AMEJ\'DMENT TO HIE COLLECTIVE LABOR AGREEMENT", a copy of which is attached hereto l11arkèd as Exhibit "A" to this Resolution, thè reasons and authority for which are as set l'orth in said Agreement. NOW, THEREFORE, BE IT RESOL VED BY THE MA YOR AND CITY COUNCIL as follows: I. The Mayor and Clerk are hereby authorized to enter into and on behal f oftile City of Meridian that certain agreement with LOCAL #23 I I INTERNATIONAL ASSOCIA TION OF FIRE FIGHTERS, organized and existing pursuant to Chapter 18 of Title 44 of tile Idaho Code, entitled "AMENDMENT TO THE COLLECTIVE LABOR AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its tenDS and conditions. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN. SETTING FORTH CERTAIN FINDINGS Ai'lD PURPOSES: AUTHORIZING THE !VIA YOR AND CITY CLERK TO SIGN AND ENTER INTO Al\' AGREEMENT ENTITLED "AMENDMENT TO THE COLLECTIVE LABOR AGREEMENT" PAGE 1 OF2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 17~y of /i/;¡-tuft.r1 ,2004. APPROVED BY THE MA YOR OF THE CITY OF MERIDIAN, IDAHO, this 17~ay of !7bru",~, 2004. ATTEST: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIERIDIAN, SETTING FORTH CERTAIN FII'iDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO AN AGREEMENT ENTITLED "AMENDMENT TO THE COLLECTIVE LABOR AGREEMENT" PAGE 2 OF 2 AMENDMENT TO THE COLLECTIVE LABOR AGREEMENT This amendment is to that certain Collective Labor Agreement between the City of Meridian and Local #2311 International Association of Fire Fighters, dated the I st day of October 2003, and specifically pertaining to the Article 8 - Insurance within the agreement. Therefore, the parties agree as follows to-wit: I. The parties have negotiated and mutually agreed to changes to Article 8 - Insurance. 2. The parties agree that the attached Amendment to Article 8 - Insurance is hereby incorporated and made a part thereofto the original Collective Labor Agreement dated October 1,2003, and replaces Article 8- Insurance contained therein. 3. The parties agree that except as modified by this Amendment to Article 8 - Insurance, the Collective Labor Agreement dated the I sl day of October, 2003, between the parties is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this ¡-r-f" day of FRMuMf ,2004. CITY OF MERIDIAN IAFF LOCAL #2311 Amendment to Collective Labor Agreement Page 1 of! AMENDMENT TO ARTICLE 8 - INSURANCE TO THE COLLECTIVE LABOR AGREEMENT BETWEEN CITY OF MERIDIAN AND LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS DATED OCTOBER 1, 2003 WHEREAs, Article 8 - Insurance shall now read as follows: ARTICLE 8 - INSURANCE During the term of this Agreement, the DEPARTMENT, shall pay 100% of the employee premiums for health, workman's compensation, dental, life, short & long-term disability insurance. The DEPARTMENT shall pay the same premium and provide identical coverage to firefighters for health insurance that is given to other city employees. The DEPARTMENT will pay no less than the same premium for family health and dental that it pays for other city employees. This provision will be reviewed on an annual basis after quotes for insurance are received to determine what adjustments may be needed to employee contributions for family health and den1al coverage. The DEPARTMENT further agrees to cover increases in premiums for fumily health and den1al coverage up to 8.5% not to exceed $15.00 per month or $180.00 per year. Any such premium adjustments will not exceed adjustments made with respect to other City employees. Subject to the other provisions in this Article, the DEPARTMENT reserves the right to make changes in carriers, premiums and provisions of these programs when deemed necessary or advisable. The City of Meridian agrees to establish an insurance review committee that will review the employees' insurance coverage on an annual basis and make recommendations to the City Council. The Union will be given a position for a representative on this committee. Z:IWorl<\M\MeridianIMeridian 1S360M\Fìre DeptlFìre Figbt«s UnionlCoIlective BaJpjoinglARTICLE S.doc .- Meri¡!ian City Council February 24. 2004 Page 3 of 88 I. J. K. L. M. C. Findings of Fact and Conclusions of Law for Approval: PP 03- 038 Request for Preliminary Plat approval of 71 single-family residential building lots and 7 common lots on 19.07 acres in a proposed R-B zone for proposed Baldwin Park Addition by Capital Development - north of West Ustick Road and east of North Linder Road: D. Attorney to prepare Findings of Fact and Conclusions of Law for Approval: PFP 03-004 Request for Preliminary / Final Plat approval of 2 building lots on 3.775 acres in a CoN zone for Cherrv Crossing Commercial Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: E. Ratify Adoption of Resolution No. 04-426: Amendment to the Collective Labor Agreement, between the City of Meridian and Local #2311 International Association of Fire Fighters: F. Resolution No. 04-427 : Park Fee Use 2004: G. Resolution No. 04-428 Aareement Service Fee: Third Partv Billing H. Three Party License Agreement with NMID - Eight Mile Lateral Sewer Crossing: Well #26 Test Well Lot Lease with Goldcreek Developers: Well #26 Test Well Drillina Contract with Adamson: Well #20 Piping Pressure Zone Modifications Agreement - Civil Survey: Agreement with Meridian Youth Baseball: Development Agreement: AZ 03-026 Request for Annexation and Zoning of 5.11 acres from RT to CoG and I-L zones for Cortabitarte Annexation by Jack Cortabitarte - south of East Fairview Avenue, and west of North Eagle Road: De Weerd: Item No.3 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. ~ Me"'ian City Council February 24, 2004 Page 4 of 88 Bifd: I would move -- we need to move Item L, the àgreement with the Meridian Youth Baseball, to S-L and that's the only thing, I believe, we need to move off the consent agenda. And with that I would move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with the removal of L to five. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 4: Department Reports: A. Public Works Department - Brad Watson 1. Discussion of Water Division Space Analysis Study: De Weerd: Thank you. Okay. Item No.4, Department Reports. We will begin with Public Works. Brad Watson to discuss the Water Division Space Analysis Study. Watson: Thank you, Madam Mayor and Council Members. I did try to send you a memo with some enclosures last Thursday. Do you have that in your packet? Okay. It didn't make it into mine, then. I was just curious. There is quite a long dissertation I wrote there about what we are doing with this Water Division Space Analysis Study. It did happens that that day I did find out that you, Mayor, were planning on meeting with Boise State regarding that space, so we can either postpone this discussion until after you have that meeting or I can brief the full Council on what's going on or I can simply answer any questions, whatever you wish. De Weerd: Mr. Watson, I think let's put this on next week's agenda and -- because we meet with the issue between now and then, I believe. I don't have my calendar in front of me. Wardle: One moment and I can -- I think you have that meeting scheduled for next Wednesday, March 3rd. De Weerd: Okay. Watson: So two weeks? De Weerd: Would it be a problem for the water department if we delayed the discussion until then? .- Mendian City Council Fe~ruary 17, 2004 Page 3 of 30 M. N. o. P Q. R. S. T. G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 034 Request for Annexation and Zoning of 11.31 acres from RUT to R-B and L-Q zones for proposed Razzberrv Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: PP 03- 039 Request for Preliminary Plat approval of 34 residential building lots, 4 professional office lots and 6 common lots on 11.31 acres in proposed R-B and L-Q zones for proposed Razzberrv Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-062 Request for a Conditional Use Permit for a Planned Development containing a mix of residential and professional office uses in proposed R-B and L-Q zones for proposed Razzberrv Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: J. Request for Approval of letter to Michael Le/US EPA re: Pretreatment Program K. Sewer Main Easement for Parkwav Subdivision: L. Union Pacific Railroad Pipeline Crossing Agreement - Black Cat: Well #26 Production Well - Contract with Hydrolic: Geographic Information Systems (GIS) Hardware, Software, and Installation Services Contract with HDR: Sr. Citizen ICDBG Professional Service Contract with SAGE: Resolution No. 04-421: Fair Housina: Resolution No. 04-422: Assistance Plan: Anti-Displacement and Relocation Resolution No. 04-423: Citizen Participation Plan: Resolution No. 04-424: Non-Discrimination on the Basis of Disability: Resolution No. 04-425: Grievance Procedure: ~- Mendian City Council Fe~ruary 17, 2004 Page 4 of 30 u. Resolution No. 04.426: Amendment to the Collective Labor Agreement, between the City of Meridian and Local #2311 International Association of Fire Fighters. De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda and that includes Resolution 04-421, 04-422, 04-423, 04-424, and 04-425 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: It's been moved and seconded to approve the Consent Agenda with the specification on the Items P through T for the numbers as stated. Mr. Clerk, will you, please, call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 6. Department Reports: A. Mayor's Office 1. Appointment of P&Z Commissioner: De Weerd: Thank you. Okay. Item Number 6, Department Reports. I have the first report. I would like to appoint Wendy Huckabay to the Planning and Zoning Commission. Wendy is here with us. Wendy, you want to stand up? Wendy will be our citizen at large on our Planning and Zoning Commission and she does understand it's a six year term, much longer than the terms you serve, so -- and I didn't break her arm by, you know, getting her to do this. Thank you for joining us, Wendy. You each should have received a copy of her letter of interest and her resume. We did have the two Planning and Zoning Commissioners, Keith Borup and David Zaremba, as well as Council President Nary, sit down and interview a couple of the applicants that would fill the at-large seat and we extended the offer to Wendy to join our Commission. Is there any question? Nary: Madam Mayor? De Weerd: Mr. Nary.