2-25-13 Agenda PacketCITUMM
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Regular Commission Meeting of February 11, 2013.
B. Approve the minutes of the Special Called (Shade) Meeting of February 11, 2013.
C. Approve the minutes of the Commission Briefing of February 7, 2013.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's Follow -up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Financial Report for December 2012, the Building
Department Monthly Activity Report and the Utility Sales Report for January 2013, and
the Public Works and Utility Departments Project Status Report as of February 12, 2013.
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 5- 13 -58, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY
COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE
FOR ONE (1) REGULAR MEETING AND ONE (1) SCHEDULED WORKSHOP PER MONTH,
AND PROVIDING AN EFFECTIVE DATE. (Commissioner Beckenbach)
B. ORDINANCE NO. 20-13-121, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND
ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE.
8. Miscellaneous Business
A. Request from Dutton Island Gardener (DIG) asking for a waiver to serve alcohol in a city
park. (Commissioner Daugherty)
B. Approval of Police union contract for October 1, 2012 thru September 30, 2015. (City
Manager)
C. Animal Control Office. (City Manager)
9. City Manager
A. City Manager's Report.
10. Reports and /or requests from City Commissioners and City Attorney
A. Discussion on going paperless with agenda packets. (Commissioner Daugherty)
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting, such person may 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 shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk
prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission
Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the
City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, February 22,
2013.
2
WELCOME
To the Atlantic Beach City Commission Meeting
We will conduct meetings of the City Commission with a level of civility and respect that
the democratic process deserves. This allows for better public input and supports
making the best decisions for the citizens who we are here to serve.
We ask that everyone in the meeting practice the following principles of Respect for
each other.
RESPECT
Refrain from putdowns, criticism and personal attacks
Encourage others to state their views
Support each other, even if you don't agree
Practice active listening
Express yourself assertively, not aggressively, not submissively
Collaborate, do not compete or collude
Trust each other, unless and until such trust is violated
The New Managers Toolkit: 21 Things You Need to Know
MINUTES
REGULAR CITY COMMISSION MEETING
February 11, 2013
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Mike Borno
City Attorney Alan C. Jensen
Mayor Pro Tem Maria Mark
City Manager Jim Hanson
Commissioner Mark Beckenbach
City Clerk Donna L. Bartle
Commissioner Carolyn Woods
Recording Secretary Nancy E. Bailey
ABSENT:
Commissioner Jonathan Daugherty
Call to Order/Pledge:
Mayor Borno called the meeting to order at 6:30 p.m.
the Pledge of Allegiance to the Flag.
Commissioner Mark gave the Invocation, followed by
1. A. Approve the minutes of the Regular Commission Meeting of January 28, 2013.
B. Approve the minutes of the Commission Briefing of January 24, 2013.
C. Approve the minutes of the webinar "Preparing for Civic Engagement Online in 2013: How
Governments Can Meaningfully Engage Communities with CivicldeasTM" of January 31,
2013.
Mayor Borno asked if there were any corrections to the above minutes and there being none, he stated the
minutes will stand as submitted.
2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the
process for public comments.
John November, 647 Beach Avenue, addressed the Commission regarding the Marsh Preservation Society's
goal of preserving the marshes, stating through the generosity of the River Branch Foundation they have been
able to add the River Branch Preserve and two new preserves that run along Dutton Island Road. He stated
they are taking the actions to insure that not only this generation, but generations to come will be able to
enjoy the same natural beauty. He stated River Branch Foundation has acquired another piece of land on the
marsh front. He stated Mr. Parks, who is the homeowner of that property, has been dedicated in assuring that
this land went into conservation. He stated he believes it would be fitting that this island be known as Parks
Island. He further stated they need to have visioning in looking toward the future and understanding how
important it will be to have these beautiful little parks and entranceways sprinkled throughout our city. He
also spoke in support of videotaping the meetings.
Sally Clemens, 1638 Park Terrace West, she stated she is in favor of Option 1 or 2 for videotaping and
asked where in this year's budget are the unused allocated funds that can be applied to this. She believes
either of these options would give the opportunity to learn if this is utilized and beneficial to our citizens. She
stated the City needs to decide the difference between needs and wants. She stated the Commission and
citizen attendees will benefit because the long discussions with repeats would be reduced because the taping
would enlighten all to how much of this is redundant.
February 11, 2013 REGULAR COMMISSION MEETING Page 2
John Zona, 2600 Belfort Rd., stated he previously discussed an alternative option for the police station and a
couple of the Commissioners persuaded him to come here and share his experience in dealing with RFPs that
would provide an alternate procurement method for them to see what is available out there from the
developers, architects, and general contractors who would team up to propose a building. He stated he put
together a few points, which he distributed to the Commission, and stated he could answer their questions.
He stated they may need help in putting this RFP together and he would be happy to do that for no charge but
does not want to be ruled out of being on one of the teams that may want to compete for it.
Mitch Reeves, 1663 Sea Oats Drive, thanked Mayor Borno and Commissioners Woods and Mark for
attending the Save the Ferry task force meeting last week. He stated they will make these monthly meetings
now. He reported the ferry is moving ahead but is not saved yet, stating but when you have someone like Bill
Gulliford supporting you and behind you it is kind of hard not to be a winner. He stated the ferry is not just
about the ferry itself, it is about AIA and they have teamed up with the Greenway, which goes all the way
from Key West to Maine, and if they cut off the ferry they cut off the only Greenway there is for bicycles and
hikers.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow -up Report.
None.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY
THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED
BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS.
A. Acknowledge receipt of the List of New Business Taxes for January 2013.
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Item A as read.
Moved by Beckenbach, Seconded by Mark
Votes:
Aye: 4 — Beckenbach, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
February 11, 2013 REGULAR COMMISSION MEETIN G Paoe 3
A. RESOLUTION NO. 13 -02
A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF ATLANTIC BEACH,
FLORIDA OF ITS HEALTH CARE FACILITIES REVENUE AND REFUNDING BONDS (FLEET
LANDING PROJECT), SERIES 2013A, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$46,000,000, AND FOR A LOAN BY THE CITY TO NAVAL CONTINUING CARE RETIREMENT
FOUNDATION, INC., A FLORIDA NOT - FOR - PROFIT CORPORATION, IN A PRINCIPAL AMOUNT
EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT OF SAID SERIES 2013A BONDS, FOR THE
PURPOSES OF (A) FINANCING OR REFINANCING ALL OR ANY PART OF THE COST OF A
CAPITAL PROJECT (INCLUDING LAND) FOR THE CONTINUING CARE RETIREMENT FACILITY
KNOWN AS "FLEET LANDING" AS DESCRIBED IN THIS RESOLUTION, (B) REFUNDING THE
OUTSTANDING CITY OF ATLANTIC BEACH, FLORIDA HEALTH CARE FACILITIES REVENUE
REFUNDING BONDS (FLEET LANDING PROJECT), SERIES 1999, (C) REFUNDING THE
OUTSTANDING CITY OF ATLANTIC BEACH, FLORIDA VARIABLE RATE DEMAND HEALTH
CARE FACILITIES REVENUE BONDS (FLEET LANDING PROJECT), SERIES 2006, (D) FUNDING A
DEBT SERVICE RESERVE FUND FOR THE SERIES 2013A BONDS AND (E) PAYING A PORTION
OF THE COSTS OF ISSUING THE SERIES 2013A BONDS; PROVIDING FOR THE RIGHTS OF THE
HOLDERS OF THE SERIES 2013A BONDS AND FOR THE PAYMENT THEREOF; AUTHORIZING
THE EXECUTION AND DELIVERY OF A TRUST INDENTURE AND LOAN AGREEMENT;
AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2013A BONDS, AND APPROVING THE
CONDITIONS AND CRITERIA FOR SUCH SALE; AUTHORIZING THE EXECUTION AND
DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SERIES 2013A
BONDS; AUTHORIZING A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL
STATEMENT WITH RESPECT TO THE SERIES 2013A BONDS; AUTHORIZING THE EXECUTION
AND DELIVERY OF THE SERIES 2013A BONDS AND OTHER RELATED INSTRUMENTS AND
CERTIFICATES; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION
WITH THE ISSUANCE OF THE SERIES 2013A BONDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Borno read Resolution No. 13 -02 by title.
Motion: Approve Resolution No. 13 -02 as read.
Moved by Woods, Seconded by Mark
Mayor Borno explained the Resolution.
Peter Dame, with Akerman Senterfitt, 15 N. Laura Street, stated the Commission has the letter they wrote
explaining what they did and what they looked at to make sure the City was protected. He stated most
importantly there are no City revenues or credit pledged.
Votes:
Aye: 4 — Beckenbach, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
Commissioner Woods asked when they are planning to have an opening ceremony for the new facility.
Joshua Ashby, 1 Fleet Landing Blvd. Chief Executive Officer at Fleet Landing stated they will be back before
the Commission later this year. He stated this is a refunding of an existing debt and they will come back at
the end of the third quarter as they work with their bond counsel and underwriters to do another issue to pay
for those new additions and he would anticipate a ground breaking ceremony in the winter of 2014.
February 11 2013 REGULAR COMMISSION MEETING Page 4
7. Action on Ordinances
A. ORDINANCE NO. 20-13-120, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013,
AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 20 -13 -120 by title.
Motion: Approve Ordinance No. 20 -13 -120 as read.
Moved by Mark, Seconded by Woods
Mayor Borno summarized the Ordinance. He opened the Public Hearing. No one spoke so he closed the Public
Hearing.
Votes:
Aye: 4 — Borno, Beckenbach, Mark, Woods
Nay: 0
MOTION CARRIED
B. ORDINANCE NO. 5-13-58, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -16, TIME
AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR ONE (1) REGULAR MEETING AND ONE
(1) SCHEDULED WORKSHOP PER MONTH, AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 5 -13 -58 by title.
Commissioner Beckenbach explained there was a request for changes to the wording and dates and asked that
they move this to a workshop again before the next meeting.
Motion: Defer to workshop before the next meeting.
Moved by Beckenbach, Seconded by Woods
City Manager Hanson confirmed that this would defer it to the next meeting and it would be discussed at the
workshop before the meeting.
Votes:
Aye: 4 — Borno, Beckenbach, Mark, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
Item 8H was taken out of sequence and acted on at this time.
8H. Donation of Property to Expand River Branch Preserve.
City Manager Hanson explained the donation, showing a slide of the property location.
February 11, 2013 REGULAR COMMISSION MEETING Page 5
Motion: Direct staff to prepare a budget amendment to provide accounts for the revenues and
expenses related to the purchase of this property.
Moved by Woods, Seconded by Beckenbach
City Attorney Jensen clarified that the contribution to the City will include the 6% real estate brokerage fee.
Mr. Hanson recognized Judith Larue, Director of the River Branch Foundation, in the audience. Mr. Hanson
stated there is a conservation easement that will be included on this property.
Votes:
Aye: 4 — Borno, Beckenbach, Mark, Woods
Nay: 0
MOTION CARRIED
A. Pedestrian/Bike Education Campaign.
Chief Classey reported the first pedestrian/bicycle education campaign will be held February 28 -March 10
which he explained in detail. He further stated the Traffic Planning Organization (TPO) has volunteered to
fund all costs related to the campaign. He stated the campaign slogan is "Yield to Life, Look All Ways ". He
stated Commander Tiffany Layson and Officer Chase Jamison were instrumental in putting this together and
working with the TPO. He answered several questions from the Commission.
B. Animal Control Facility.
Chief Classey summarized his staff report explaining the construction necessary to install six dog runs. He
further stated if they were to renovate he would also recommend expansion of the facility, which he detailed.
He stated the dog runs and expansion would cost around $30,000. He pointed out there is a cost savings
involved with the dog runs in that currently the Animal Control officers go twice per day /per dog to give
them walks. He stated reducing that would save about $8,000 /year. He stated this is being presented for the
Commission's information and consideration at this point. He answered questions from the Commission.
Mayor Borno pointed out that they could always use donations of blankets and canned food.
C. Police Department Annual Report.
Chief Classey summarized the annual report explaining there was a 22% drop in crime and believes
about 17% was due to the closing and renovation of an apartment complex with many people moving
out, leaving the complex vacant most of 2012. He stated emergency response time is less than 2 and a
half minutes. He answered questions from the Commission.
D. Videotaping Commission Meetings.
Commissioner Woods explained why she is in favor of Option 3 in her report. Commissioner
Beckenbach explained why, after researching the various options, he too is in favor of multiple cameras.
Commissioner Mark stated due to the capital cost of this item and the ongoing monthly cost to operate
the system she believes this is a strategic planning workshop item and does not believe the benefit
outweighs the cost. She stated she has submitted a letter to the editor asking for citizen input on this.
Mayor Borno stated he is not against the idea but believes they should go through the process of strategic
planning which establishes their budget. He stated then when they do it they would have good numbers
and he would be in favor of the three cameras with the indexing. Commissioner Mark stated she agrees
February 11 2013 REGULAR COMMISSION MEETING Page 6
with the Mayor and she supports this but she does not support investing this kind of money until she
knows it will be something that will benefit the majority of the community and not just a few. After
further discussion, it was the consensus of the Commission to bring this item to strategic planning.
E. Online Searches of Public Records.
Commissioner Woods stated she believes this would benefit staff by freeing up time that is being used on
requests for information. Mayor Borno stated in her report, Commissioner Woods states there are no
additional funds required, unused already allocated funds are available in the current budget. He asked
where are these funds from. Commissioner Woods stated she spoke with Finance Director Nelson Van
Liere who told her there are plenty of funds that are there, not necessarily from one specific spot. She
stated he mentioned positions that had not been filled throughout the year, etc.
City Manager Hanson stated there are funds in the budget that are above the 25% contingency in the
general fund, which is where this would come from. He stated if they want to budget it that is fine but he
cautioned them from trying to pick from one place or another where they are under budget because there
are other places where we are over budget. He stated if they want to go ahead, the right way to do it is to
authorize a budget amendment and they will take it out of fund balance. Discussion ensued.
Motion: Direct staff to identify funds to purchase and install the Laserfiche web link module for
$15,000 and the yearly maintenance and support fee of $2,000, and create a prominent link for
citizens to use for public records searches on our City website to include a budget amendment to
support the motion.
Moved by Borno, Seconded by Beckenbach
Votes:
Aye: 4 — Borno, Beckenbach, Mark, Woods
Nay: 0
MOTION CARRIED
F. Campaign Sign Waving at 5- Points Intersection.
Commissioner Woods stated as a safety issue she recommends eliminating sign waving during the
campaign season at the 5- points intersection. City Attorney Jensen stated this would be a violation of
first amendment rights, not only the right of free speech, but the right to peaceably assemble.
Commissioner Woods stated she is not advocating no campaign sign waving, just as a safety issue, in
this one particular spot. City Attorney Jensen stated it is public property /private property and they have
the right to assemble and the right to free speech. Commissioner Woods stated there are other instances
where that freedom to assemble and voice your opinion anywhere at any time are limited. She stated she
is simply looking at this as a safety issue. City Attorney Jensen stated he agrees that it is more than
likely a safety issue but he doesn't know how it can be eliminated without violating people's first
amendment rights. Commissioner Beckenbach stated if there is a safety issue he believes the
campaigners can get together to discuss it, but he doesn't believe the authority should be in a ordinance
form in order to prevent somebody from waving their signs. He stated if Commissioner Woods,
personally, feels as though this is really a safety issue then he would suggest she go over to the other
campaign and discuss it. Commissioner Woods stated she really doesn't like it and they should not be
surprised if they don't see any of her signs there.
February 11, 2013 REGULAR COMMISSION MEETING Page 7
G. Board Member Review Committee Recommendation for appointment to the General Employees'
Pension Board of Trustees.
Due to Commissioner Daugherty's absence, Mayor Borno explained the Board Member Review Committee
met to fill one vacancy on the General Employees' Pension Board of Trustees and it was their
recommendation to appoint Mike Diaz to fill the unexpired term of Bob Sternfeld on the General Employees'
Pension Board of Trustees beginning immediately and expiring on September 30, 2015.
Motion: Appoint Mike Diaz to fill the unexpired term of Bob Sternfeld on the General Employees'
Pension Board of Trustees beginning immediately and expiring on September 30, 2015.
Moved by Borno, Seconded by Woods
Votes:
Aye: 4 — Borno, Beckenbach, Mark, Woods
Nay: 0
MOTION CARRIED
H. Donation of Property to Expand River Branch Preserve.
This item was taken out of sequence and acted on earlier in the meeting.
9. City Manager
A. City Manager's Report.
City Manager Hanson reported on a meeting with JEA related to the electrical usage by the City. He showed
slides explaining the demand and consumption showing the usage is plummeting, which he believes is due to
the energy grants the City received to replace the HVAC units and ball field lights, automatic sensors on
lights in the offices, etc. He stated this is also a result of the City eliminating one of the wastewater plants.
He further announced there will be a dedication and tour of the wastewater plant on Wednesday, February 20,
at 4:00 p.m. and the public is invited to attend.
10. Reports and /or requests from City Commissioners and City Attorney
Commissioner Beckenbach
• Thanked Judith Leroux and the River Branch Foundation for all of the work they have done over the
last years, stating they have been instrumental in expanding our parks.
Commissioner Woods
• Reminded everyone of Mr. Zona's outline for RFPs for the police building and asked that the
Commission take the time to look at it and give him a call if they have any questions.
Commissioner Mark
• Gave an update on the Selva Marina Country Club meeting, stating they have a signed contract with
the developers and are now starting their due diligence.
• Reported the Florida Department of Transportation has pledged $3 million to finish the connection of
what will be part of the East Coast Greenway bike trail that will connect Ft. George via the ferry
through Hanna Park.
• Was happy to see Commissioner and Mrs. Beckenbach and Commissioner and Mr. Woods at the JCCI
Visioning workshop.
February 11, 2013 REGULAR COMMISSION MEETING Pale 8
Mayor Borno
• Stated he had the honor to represent the citizens of Atlantic Beach at the Four Chaplains ceremony,
explaining the background of the Four Chaplains. He stated this is held every year on February 3.
• Recommended the Commissioners look at their schedules from February 26 through March 16 for
their availability for the strategic planning dates. He stated they need to then check with Walt
McBride, the facilitator, for his availability during that period, if they are in agreement to use him
again. Mr. Hanson stated staff will call them with some dates.
• Asked staff to draft a thank you letter to Ms. Leroux and Mr. Parks for the Commission to sign, after
the closing.
Adjournment
There being no further business to come before the Commission, the Mayor declared the meeting adjourned
at 8:15 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Mike Borno
Mayor/Presiding Officer
MINUTES OF SPECIAL CALLED (SHADE) MEETING OF
ATLANTIC BEACH CITY COMMISSION HELD ON FEBRUARY 11, 2013
PRESENT: Mayor Mike Borno
Mayor Pro Tem Maria Mark
Commissioner Mark Beckenbach
Commissioner Carolyn Woods
ALSO: Jim Hanson, City Manager
Sue Danhauser, HR Director
John Dickinson, Partner /Office Head — Constangy, Brooks & Smith
ABSENT:
Commissioner Jonathan Daugherty (Phoned in to participate in SHADE meeting)
The Mayor called the meeting to order at 5:00 p.m. in the City Hall North Conference
Room for the purpose of discussing matters related to negotiations with the Police Union.
The meeting was adjourned at 6:14 p.m.
Mike Borno
Mayor/Presiding Officer
ATTEST
Donna L. Bartle, CMC
City Clerk
Minutes of Commission Briefing
February 7, 2013
Present: Mayor Mike Borno, Mayor Pro Tem Maria Mark (left at 4:17), Commissioners Mark
Beckenbach, Jonathan Daugherty (arrived at 3:19 pm) and Carolyn Woods, City Manager Jim Hanson,
City Clerk Donna Bartle, Beaches Leader Reporter Alexi Strong and seven citizens.
Mayor Borno called the meeting to order in the Commission Chamber at 3:01 pm.
Subjects discussed included several items on the Agenda for the upcoming Commission meeting on
February 11, 2013, as follows, with Mr. Hanson reporting on each item:
Commission Meeting January anuary 28, 2013
• 6A - Fleet Landing Bonds; attachments sent via e-mail but not hard copy and are
available online.
• 8E — Online Searches of Public Records. Commissioner Woods explained this topic was
discussed at the last meeting.
• 8F — Campaign Sign Waiving at 5- points intersection. Commissioner Woods explained
her request and City Manager Hanson indicated it may be necessary to ask Alan Jensen
for his comments regarding freedom of speech.
• 8H — Donation of property at River Branch Preserve. Mr. Hanson explained this was
added as an amendment to the agenda on Tuesday and the intent is for them to give us a
check and we close in April.
• 9A - City Manager Reports
➢ Electric Usage.
➢ Code Sec. 3- 11(b). Requested feedback and guidance on interpretation of the
Code to determine the definition of "festival" as it is referred in this section. The
Commission believed that a festival is a large event which is open to the public
and involves multiple groups and gave MarshFest and Arts in the Park as
examples.
• 7B - Ordinance on changing regular meeting schedule. Commissioner Beckenbach
explained his proposed ordinance to have one workshop and one meeting per month.
• 8A — Pedestrian/ Bike Campaign.
• 8B- Animal Control facility improvements.
• 8D - Videotaping of Commission meetings. Commissioner Woods explained her
proposed options. Commissioner Beckenbach requested a brief demo showing same
video of the camera options.
2. Request for funding portion of Town Center parking study. Reported the Town Center agency
has hired consultants for $4,500 and is requesting Atlantic Beach to put in $500.
3. Prosecution of animal control cases by Duval County. Commissioner Woods indicated she is
still getting information. Mr. Hanson indicated he would bring back recommendations.
4. Union Negotiation Status
➢ LIUNA (Blue Collar) Union impasse; briefs submitted to Special Magistrate.
➢ PBA (Police) Union.
➢ Negotiating session held February 6, 2013.
➢ Shade meeting February 11, 2013 at 5:00 pm.
➢ Magistrate Hearing scheduled Monday, February 18, 2013.
Tipping fees — status report of discussions with Jacksonville.
(Mayor Pro Tem Mark left at 4:17 pm)
6. WWTP dedication ceremony — February 20, 2013, 4:00 pm.
7. Agenda Briefing Workshop - Next meeting will be February 21, 2013 at 3:00 p.m.
Commissioner Daugherty reported on the status of the Atlantic Arms apartments, his visit to Atlantic
Beach Elementary and his meeting with Bill Bishop regarding the City of Jacksonville's involvement
with the Marsh Master Plan and apologized for not being able to attend the upcoming Commission
meeting.
The Mayor opened the floor for citizen comments and two citizens, Sally Clemens and Bill Mayhew
spoke.
Mr. Hanson complimented Alexi Strong for her excellent article in today's paper regarding pension.
Discussion ensued about pension.
The Mayor adjourned the meeting at 4:40 p.m.
Mike Borno, Mayor
Total Restricted Cash $7,918,317
Total Unrestricted Cash $10,921,094
Account
Bank of America - Depository
Columbia US Government MTG A
Eaton Vance Government Obligations A
Loomis Investment Grade Bond A
Loomis Sayles Limited Gov an Agency
Lord Abbett Income A
Delaware Diversified Income Fund
Lord Abbett Short Duration Fund
Invesco Corporate Bond A
Pioneer Strategic Income A
Legg Mason WA Cash Reserve Fund
MSSB Money Market/Cash
SBA - Florida Prime
Cash on Hand
Police Pension Investments
General Pension investments
* Denotes the 30 day SEC Yield Anualized
Cash and Investments
Annual
City of Atlantic Beach
Current
AGENDA ITEM # 4A
Percent
FINANCIAL REPORT
11/30/12
FEBRUARY
25, 2013
Change
December 2012
$2,926,022
$5,016,574
$2,090,552
71.45%
Cash Balances
979,249
997,525
18,277
1.87%
Prior
Current
Dollar
Percent
Fund(s)
11/30/12
12/31/12
Change
Change
0.58%
General
$6,406,046
$8,126,884
$1,720,838
26.86%
Tree Replacement
6,493
6,493
0
0.00%
Convention Development Tax
46,080
52,752
6,672
14.48%
Local Option Gas Tax
99,395
128,150
28,756
28.93%
Better Jax 1/2 Cent Sales Tax
147,663
176,438
28,775
19.49%
Police Training, Forfeiture, Grants, etc.
179,479
162,351
(17,128)
-9.54%
Community Development Block & ARRA Grants
34,068
43,352
9,284
27.25%
Debt Service
16,628
22,595
5,967
35.89%
Capital Projects
2,773,684
2,779,886
6,201
0.22%
Utility
4,798,359
5,076,295
277,936
5.79%
Sanitation
668,200
669,664
1,463
0.22%
Building Code Enforcement
84,002
84,364
362
0.43%
Storm Water
1,281,169
1,335,577
54,408
4.25%
Pension - Police
20,419
16,315
(4,103)
- 20.10%
Pension - General
142,353
158,294
15,941
11.20%
Total $16,704,038
$18,839,411
$2,135,372
12.78%
Total Restricted Cash $7,918,317
Total Unrestricted Cash $10,921,094
Account
Bank of America - Depository
Columbia US Government MTG A
Eaton Vance Government Obligations A
Loomis Investment Grade Bond A
Loomis Sayles Limited Gov an Agency
Lord Abbett Income A
Delaware Diversified Income Fund
Lord Abbett Short Duration Fund
Invesco Corporate Bond A
Pioneer Strategic Income A
Legg Mason WA Cash Reserve Fund
MSSB Money Market/Cash
SBA - Florida Prime
Cash on Hand
Police Pension Investments
General Pension investments
* Denotes the 30 day SEC Yield Anualized
Cash and Investments
Annual
Prior
Current
Dollar
Percent
Yield
11/30/12
12/31/12
Change
Change
0.25%
$2,926,022
$5,016,574
$2,090,552
71.45%
1.73% *
979,249
997,525
18,277
1.87%
1.44% *
1,323,034
1,319,930
(3,105)
-0.23%
2.40% *
1,512,004
1,520,810
8,806
0.58%
1.25% *
1,000,000
997,731
(2,269)
-0.23%
2.29% *
1,500,190
1,511,636
11,446
0.76%
2.14% *
1,689,888
1,692,810
2,922
0.17%
3.43% *
1,000,000
1,008,489
8,489
0.85%
2.34% *
1,885,916
1,883,332
(2,583)
-0.14%
3.71% *
1,883,332
1,883,332
0
0.00%
0.01% *
1,000,924
1,001,069
145
0.01%
0.00%
0
2,691
2,691
N/A
0.25%
328
330
2
0.52%
0.00%
3,150
3,150
0
0.00%
Subtotal
16,704,038
18,839,411
2,135,372
12.78%
7,110,544
7,141,666
31,122 0.44%
12,747,696
12,818,102
70,406 0.55%
Subtotal 19,858,240
19,959,768
101,528 0.51%
Total $36,562,278
$38,799,179
$2,236,900 6.12%
City of Atlantic Beach AGENDA ITEM # 4A
FINANCIAL REPORT FEBRUARY 25, 2013
December 2012
Revenues
Fund / (Footnote)
Annual
Estimate
YTD - 25%
of Estimate
YTD
Actual
Dollar
Variance
Percent
Variance
General (1)
$10,994,301
$2,748,575
$5,208,724
$2,460,148
89.51%
Convention Development Tax
70,000
17,500
23,251
5,751
32.86%
Local Option Gas Tax
433,655
108,414
108,227
(187)
-0.17%
Better Jax 1/2 Ct Sales Tax
657,738
164,435
160,203
(4,232)
-2.57%
Police Training, Forfeiture & Grants, etc.
109,860
27,465
32,882
5,417
19.72%
Grants - (3)
108,866
27,217
68,960
41,744
153.38%
Debt Service
71,900
17,975
17,832
(143)
-0.80%
Capital Projects
5,000
1,250
1,020
(230)
-18.41%
Utility -(4)
8,610,929
2,152,732
2,068,905
(83,827)
-3.89%
Sanitation
1,814,950
453,738
453,505
(232)
-0.05%
Building Code Enforcement - (5)
282,600
70,650
78,807
8,157
11.55%
Storm Water
1,097,430
274,358
277,213
2,856
1.04%
Pension - Police (2)
1,233,745
308,436
173,262
(135,174)
- 43.83%
Pension - General (2)
2,174,392
543,598
373,232
170,366
- 31.34%
Total $27,665,366
$6,916,342 $9,046
Analysis of Major Variances
$2,129,681
(1) The positive variance in the General Fund is mostly a result of having received property
taxes. Those taxes began to arriving in November. The bulk of the receipts came in
December.
(2) The $135,174 negative variance in the Police Employee Pension Fund & the $170,366
negative variance in the General Employee Pension Fund resulted from changes in
market values of the investments of less than the assumed amount..
(3) Grant revenues are higher than the budget because C.D.B.G. grant proceeds related to
last year's grant expenditures were received this year.
(4) Utility sales were slightly under budget for Year to Date through December for both Water
and Sewer.
(5) Building Permit activity is running above projected revenues.
30.79%
City of Atlantic Beach
FINANCIAL REPORT FEBRuA Y25, #4A
FEBRUARY 25, 2013
December 2012
Expenses
Annual YTD-25% YTD Dollar Percent
Department / (Footnote) Estimate of Estimate Actual Variance Variance
Governing Body
$42,645
$10,661
$9,862
$799
7.49%
City Administration
2,376,735
594,184
593,720
464
0.08%
General Government (2)
811,922
202,981
498,345
(295,364)
-145.51%
Planning and Building
443,666
110,917
107,542
3,375
3.04%
Public Safety (1)
5,589,489
1,397,372
998,272
399,101
28.56%
Recreation and Special Events
397,376
99,344
102,809
(3,465)
-3.49%
Public Works (3)
6,053,366
1,513,342
1,119,510
393,832
26.02%
Public Utilities (4)
9,351,075
2,337,769
3,104,757
(766,988)
-32.81%
Pension - Police
653,056
163,264
163,281
(17)
-0.01%
Pension - General
789,485
197,371
224,968
(27,597)
- 13.98%
Total
$26,508,815
$6,627,204
$6,923,065
($295,862)
Annual
YTD - 25%
YTD
Dollar
Percent
Resource Allocation
Estimate
of Estimate
Actual
Variance
Variance
Personnel Services (5)
$9,549,191
$2,387,298
$2,164,400
$222,898
9.34%
Operating Expenses (2)
10,130,872
2,532,718
2,140,215
392,503
15.50%
Capital Outlay (1) & (2)
2,985,082
746,271
513,674
232,597
31.17%
Debt Service (4)
2,519,412
629,853
1,773,713
(1,143,860)
-181.61%
Transfers
1,324,258
331,065
331,064
0
0.00%
Total
$26,508,815
$6,627,204
$6,923,065
($295,862)
Analysis of Major Variances
(1) The positive variance in the Public Safety divisions is primarily due to not having paid for
the first quarter of the fire services contract with Jacksonville. This is about 249,000.
Also the deferral of the budgeted expenditures on the Police Building adds to that
variance - see Project Activity Schedule.
(2) The negative variance in General Government results from the purchase of land in
November for $225,422.
(3) The variance in the Public Works Department is due to project activity budgeted that
has not been completed. - see Project Activity Schedule.
(4) The negative variance in the Public Utilities divisions results from paying the majority of
the annual debt service payments on October 1, 2012.
(5) The positive variance in the Personnel Services resulted from vacant positions that
have not been filled. The City budgets full employment, so any vacancy contributes to a
positive variance. The Lifeguards are typically seasonal employees working May through
September.
City of Atlantic Beach
FINANCIAL REPORT
December 2012
Project Activity - Current Year Activity Only
AGENDA ITEM # 4A
FEBRUARY 25, 2013
Project YTD YTD
Project Name Number Budget Actual Balance Status
Public Safety
Police Building Renovation /Design /Construction PS0504
.1 111
•1 111
$ 60,000 $ - $ 60,000
Public Utilities:
TMDL - Lift Station /Main Transfer Flow
PU0906
9,282
9,282
0
TMDL Upgrade /Construction - WWTP #1
PU1106
147,862
147,862
0
TMDL Sludge /Odor Improvements
PU1110
144,606
144,606
0
Water Main - 12th Street at Ocean Blvd /Beach Ave
PU1204
36,962
35,103
1,858
Water Main - 14th & 15th Street at Ocean Boulevard
PU1205
201,657
194,465
7,191
Rehab of Interior of Tank #1
PU1301
45,000
44,999
Rehab of Ground Storage Tank #2
PU1302
20,000
19,999
Recoat Both Ground Storage Tanks WP #3
PU1303
40,000
39,999
Replace the Water Main on Pine Street
PU1304
90,000
8,149
81,850
Replace 4" Water ?Main at Wonderwood and Finegan
PU1305
180,000
16,322
163,677
PT Repair at Lift Station C
PU1306
40,000
39,999
PT Repair at West 6th and Stock
PU1307
55,000
19,936
35,063
Repair 24" Effluent Force Main
PU1308
86,000
85,999
Repair 12" Force Main
PU1309
56,000
55,999
Replace Yard Pump
PU1310
18,435
18,434
Sewer Rehabilitation 2013
PU1311
202,300
173,744
28,555
Subtotal
$ 1,373,104 $
749,471 $
623,623
Public Works:
Marsh Master Plan Signs
PM1301
38,700
38,700
Marsh Master Plan Project Design
PM1303
34,000
34,000
0
Rose Park Development
PM1302
225,000
19,750
205,250
Dutton Island Road Sidewalks
PW1301
79,064
79,064
Sidewalk and Curb Replacements
PW1302
25,000
4,519
20,481
City Hall Parking Lot Lights
PW1303
32,000
32,000
Irregation Improvements Atlantic Blvd.
PW1304
4,600
4,600
Sidewalk on West 9th Street
PW1305
33,000
14,523
18,477
East Coast Drive Drainage Improvements
PW1306
360,000
360,000
Subtotal
$ 831,364 $
72,792 $
758,572
Status Key
A - Bid Advertised
B - Bid Awarded
C - Project Completed
D - Design Completed
DE - Deferred
Total $2,264,468 $822,262 $1,442,196
E - Design Phase
I - Project In- progress
N - Complete /Non - Capital
R - Re- budget Next Fiscal Year
X - Project Cancelled
BUILDING DEPT. MONTHLY ACTIVITY REPORT
COMPARISON REPORT
_
REPORT FOR THE MONTH OF JANUARY 2013
i --
COMPARISION 2012 - 2013
PERMIT TYPE NUMBER OF PERMITS TOTAL INSPECTIONS
YTD 2012 YTD 2013 YTD 2012 YTD 2013 YTD 2012 YTD 2013
SINGLE FAMILY 4 1 $ 300,000.00 1 $ 340,000.00
DUPLEX
0
0
j
REMODEL/ADDITIONS
4
27
$ 83,500.00
$ 367,540.00
COMMERCIAL NEW
0
0
OTHER
179
205
$ 461,211.00
$ 357,618.00
TOTAL
187
233
$ 844,711.00
$ 1,065,158.00
345
418
ISSUED FOR THE MONTH OF JANUARY 2013
PERMITS
NO.PERMITS
1
PERMIT COST
$ 1,162.50
CONSTRUCTION VALUE
$ 340,000.00
INSPECTIONS PERFORMED
BUILDING 176
SINGLE FAMILY
NEW DUPLEX MULTI FAM
ELECTRICAL
96
RESIDENTIAL ADDITIONS
27
$ 2,707.50
$ 367,540.00
PLUMBING
54
COMMERCIAL NEW
MECHANICAL
82
COMERCIAL ADDITIONS
�MISC.
10
COMMERCIAL ALTERATIONS
PERMITS MISC
TOTALI
418
ELECTRICAL
38
$ 3,268.30
MECHANICAL GAS
5
$ 450.00
MECHANICAL HVAC
55
$ 5,521.00
PLUMBING
28
$ 2,555.00
ROOFING
25
$ 2,290.00
$ 202,413.00
WINDOW /DOOR
22
$ 1,290.00
$ 56,938.00
DEMOLITION
2
$ 200.00
REINSPECTION FEES
Proiects to Note
FOUNDATION
OCCUPANCY INSPECTIONS
4
$ 400.00
12 -1815 New SFR @ 345 6th St
PENALTY FEES
5
$ 549.00
$ 5,267.00
SIGNS
2
$ 150.00
FENCES
10
$ 385.00
DRIVEWAYS
1
$ 70.00
WELL
SIDING
2
$ 115.001
$ 3,000.00
SWIMMING POOL
6
$ 875.00
$ 90,000.00
N
TOTAL
233
$ 21,988.30
$ 1,065,158.00
° z
AGENDA ITEM # 4A
FEBRUARY 25, 2013
City of Atlantic Beach, Fl.
Utility Sales Report
January 2013 N January 2012
Gallons Actual Revenue Gallons Actual Revenue a
Water Sales N Accounts 0000 Revenue Per, ,000 gi Accounts 0000 Revenue Per 1,000 gi
M
Atlantic Beach 5,619 35,665 $134,264 $176 5,583 35,415 $133,460 $3.77
Buccaneer 2,490 15,636 $83,735 $536 2,444 16,108 $88,847 $5.52
Total Water Sales 8,109 51,301 $217,999 $4.25 8,027 51,523 $222,307 $4.31
Gallons Gallons
Water Plant Production 0000 0000
Atlantic Beach 38,386 45,004
Buccaneer 17,420 19,133
Total Production 55,806 64,137
Total Water Billed 51,301 51,523
Water Loss for month: 4,505 12,614
Percentage Loss 8.07% 19.67%
Total 12 mo. Avg. Loss 13.72% 17.59%
4
Gallons Actual Revenue Gallons Actual Revenue
Sewer Sales Accounts 0000 Revenue Per 1,000 gi Accounts 0000 Revenue Per 1,000 gi
Atlantic Beach 5,199 29,692 $231,758 $7.81 ,� 5,158 29,702 $226,636 $7.63
Buccaneer 2,383 17,333 $167,643 $9.67 2,340 17,941 $173,299 $9.66
Total Sewer Sales 7,582 47,025 $399,401 $8.49 7,498 47,643 $399,935 $8.39
_ 7 1'.,,: -*''". '...: .r ;;. r-,- +-:. -„;-, �... ..� _ rr.=^"-„'; --- fir- ar;'z:'
Gallons Actual Revenue Gallons Actual Revenue
Sewer Treatment 0000 Revenue Per 1,000 gi 0000 Revenue Per 1,000 gi
Atlantic Beach $399,401 #DIV /0! 42.392 $226,636 $5.35
18317 $173,299 $9.46
Total Sewer Treated 0.000 $399,401 #DIV /01 60.709 $399,935 $6.59
WE
PUBLIC WORKS and UTILITY DEPARTMENTS
PROJECT STATUS REPORT
(D) = DESIGN ENGINEER, (CE &I) = CONSTRUCTION ENGINEER & INSPECTION, (C) = CONTRACTOR, (VE) = VALUE ENGINEERING
PROJECT DESCRIPTION
PROJECT NO. AND INFORMATION
STATUS ON 2/12/13
1
TMDL Wastewater Project
(D) = J. Collins Engineering Assoc.
Substantial completion inspection held on 11/19/12. Contractor
Forcemain Construction = 100%
(VE) = ATM
finishing punch list items. Dedication scheduled for 2/20/13 at
WWTP #1 Construction = 100%
(C) = TB Landmark (Forcemain)
4:00 p.m.
Sludge & Odor Control = 100%
WPC Industrial Contractors (WWTP and
Sludge & Odor Control)
(CE &I) = J. Collins Engineering Assoc.
2
FY 12 Water Main Project
(D) = Bowen Civil Engineers
Bids received 5/2/12. Commission awarded entire project to Gruhn
Design = 100%
(Survey) = L.D. Bradley
May, contingent upon approving Budget Modification Ordinance,
Construction = 98%
(C) = Gruhn May
approved 6/25/12. Preconstruction meeting held 7/9/12.
(CE &I) = Public Utilities
Completed replacement of water main on 12'h St. from Ocean Blvd.
to Beach Ave., 150' St., and Ocean Blvd. from 140' to 16" St.
3
FY 13 Sewer Rehabilitation Project
(D) = Public Utilities
Contracts awarded by Commission on 11/13/12.
Design = 100%
(I) = Insituform, CCI, Gruhn May
Construction underway.
Construction = 60%
CE &I = Public Utilities/PW
4
Water Main Replacements on Pine St.
(D) = Bowen Civil Engineers
Survey and design underway.
and Wonderwood Rd.
(C)
(CE &I ) = Public Works/Public Utilities
5
Interior Repair and Painting of
(D) = Public Utilities
Bids advertised, due 2/27/13. Pre -Bid Conference scheduled for
Water Tanks at WP Nos. 1, 2 and 3
(C) =
CE& = Public Utilities
2/20/13.
6
Mixing Zone Study
(D) = CDM Smith
Preparing sampling plan for DEP approval.
7
(D) =
RFP Drafted, to be advertised mid - February.
East Coast Drive Drainage
(CE&
Improvements
_
8
(D) = Public Works
Being designed in -house — in progress.
Dutton Island Road Sidewalk
(C) =
CE& = Public Works
9
City Hall Parking Lot Lighting
Two quotes obtained; Miller Electric is low quote.
10
(D) = CPH Engineers
Survey complete; 60% Design complete, presented to
Rose Park Development
(C) =
Commission at 1/29/13 meeting.
Design = 60%
CE& = Public Works
11
Marsh Master Plan Project
(D) = CPH Engineers
Survey complete; 60% Design complete, presented to
Design/Permitting
(C) =
Commission at 1/29/13 meeting.
Design = 60%
CE &I = Public Works
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Cd
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Wa
AGENDA ITEM # 7A
FEBRUARY 25, 20I3
ORDINANCE NO. 5 -13 -58
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES,
ADMINISTRATION, ARTICLE H, CITY COMMISSION, SEC. 2 -16, TIME
AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR ONE (1)
REGULAR MEETING AND ONE (1) SCHEDULED WORKSHOP PER
MONTH, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: Sec. 2 -16 of the Code of Ordinances of the City of Atlantic Beach,
Florida, is hereby amended to read as follows"
"Sec. 2 -16. Time and place of regular meetings and scheduled workshops.
(a) The regular meetings of the city commission shall be held on the
second Monday of each month.
(b) Scheduled workshops of the city commission shall be held as
follows:
(1) In the months of January through November, on the fourth
Monday of the month.
(2) In the month of December, on the third Monday of the
month.
(c) All regular meetings and scheduled workshops of the city
commission shall be held in city hall at 6:30 p.m.
(d) If the second or fourth Monday falls on a holiday, the regular
meeting or scheduled workshop shall be held on Tuesday immediately following
the holiday."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of
2013.
AGENDA ITEM # 7A
FEBRUARY 25, 2013
PASSED by the City Commission on second and final reading this day of
, 2013.
ATTEST:
DONNA L. BARTLE
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
LOUIS BORNO, JR.
Mayor, Presiding Officer
AGENDA ITL:M # 713
FEBRUARY 25. ?013
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM. [Ordinance 20 -13 -121
Amending the Operating Budget for Fiscal Year 2013
SUBMITTED BY: Nelson Van Liere. Finance Director
DATE: February 13, 2013
STRATEGIC
PLAN LINK: Goal #5:Encroachinent on and Expansion of City Parks
Goal #7: Enterprise Software Applications
BACKGROUND: The City proposes to amend the 2013 Operating Budget for three items.
They are:
1,) To upgrade the City's Laserfiche Software application for the
purpose of providing better search capability for public access to City
records. This ordinance includes $ 15,000 to purchase the software and an
additional $2,000 for the related annual support. This purchase will be
funded frol•n General Fund, fund balance reserves.
2.) To accept donated funds restricted for the purchase of wetlands
just south of Dutton Island Road from the River Branch Preserve
Foundation. This ordinance creates a budget for both the receipt of the
donation and the purchase of the land with an estimated cost of $102,820.
3.) A budgeted a grant match of $9,934 for the F.E.M.A. Wind
Retrofit Grant was funded last year and those funds were moved to a
Special Revenue Fund specifically for that purpose. The project is now
complete, but only a portion of the match was required, This ordinance
troves the remaining match funds of $5,196 back to the general Fund.
BUDGET: The increase to the City's Operating Expense Budget is $125,016.
RECOMMENDATION.- Approve Ordinance #120 -13 -121
ATTACHMENT: Ordinance #20-13 -121
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 7B
FEBRUARY 25, 2013
ORDINANCE NO. 20-13-121
AN ORDINANCE AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND
ENDING SEPTEMBER 30, 2013, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day -to -day decisions affecting
such budgetary systems require adjustments from time -to -time, and
WHEREAS, the City is proposing to upgrade its Laserfiche Software for the purpose of
providing better search capability for public access to city records. This ordinance includes
$15,000 to purchase the software and an additional $2,000 for the related annual support, and
WHEREAS, the City proposes to accept donated funds restricted for the purchase of
wetlands just south of Dutton Island Road from the River Branch Preserve Foundation. This
ordinance creates a budget for both the donation and the land purchase of $102,820, and
WHEREAS, the City budgeted a match of $9,934 for the Wind Retrofit Grant last year
and those funds were moved to a Special Revenue Fund specifically for that purpose. The
project is now complete, but only a portion of the match was required. This ordinance moves the
remaining funds back to the General Fund.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2012/2013 Budget to be amended as follows:
we 11►111 t". IJ31W M
Revenues:
Donations $102,820
Transfer from FEMA Wind Retro -Fit Grant 5,196
Total Revenues X108,016
Expenses:
City Administration
Information Technology
Capital Outlay - Software $15,000
Maintenance Contract 2,000
General Government
Non - Departmental
Capital Outlay — Land $102,820
Total Expenses: $119,820
Fund Balance
FEMA WIND RETRO -FIT GRANT FUND
Expenses:
Transfers to General Fund
AGENDA ITEM # 7B
FEBRUARY 25, 2013
<$11,$04>
$5,196
Fund Balance <$5,196>
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of February 2013.
Passed by the City Commission on second and final reading this day of March 2013.
Mike Borno
Mayor / Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire
City Attorney
Donna L. Bartle, CMC
City Clerk
DiG
February 1.4, 2013
Dear Commissioners:
AG 13 NDA HEM 11 8A
FTBRUAR Y 25, 2013
Dig Local, a sub -group of Beaches Habitat for Humanity, is a not - for - profit organization
founded upon the idea that access to good nutritious Rood is a human right. By way of
corrinlUnity garde:n.s, tanners' markets, and accessible education, Dig Local works to
provide Conlintlnities of all economic levels a choice when faced with [lie ills of the
inoderri food system. To this end, the Dig Local Board, its sub- conninittees and
vOlui1teers are organizing a fundraiser to engender cominnnaty support and raise funds to
further this mission aind goal. The invitation -only event will be a catered farm -to -table
brunch at the magical DUU011 ]gland Preserve.
fltnrUest Noon - z.1 Ifi rin- tee -Table Brunch, will be held on Sunday. April 14, 2013, fronn
I I -30am - 2 :00pm. The INrunCh setting will be at the east campground on the North end
ol' button Island. It will be an elegant sit -down nieaf served faivily -style and guests will
be serenaded while they eat by the jazz b and, 'Pala Trig. There will be a maxii,luirl
11Umber of 80 guests. The west campground. which Dig Laical has also requestc -d to rent
l'or this date, will. be set up as a ;stage for the silent auction to help boost proceeds for the
Milt. It is our hope to inCludC the serving of mimosas in this space, as a before - brunch
open iningle. We would like to include in this space high top tables can which guests nmy
place their drinks. congregate and talk as they peruse the silent auction. Once all guests
arrive we will move: to the seated brunch at the aciliacent campsite. After bi- tinch, we will
go on a guided walk of the island to learn of some of [lie medicinal plants and herbs riff
local landscape has to offer,
Proceeds from this Event Fundraiser will support Dig Local's continuing of forts to
expand the education branch. ofour organization. 'Phis includes planned and ongoing
al3erschool ,programs at Jordan and Donner comintalnity centers. These programs aini to
introduce school children to important concel*, of organic gardening and local food,
while incorporating elements or literacy and science into each lesson.
Dig Local appreciates your consideration to provide a permit for the controlled use and
consumption of alcohol in designated areas at Button Island oji April 14, 2013.
Thank you for your time and consideration.
Sincerely,
Genevieve Fletcher
Director of Development
Dig Local, Inc.
in ta)d i glt�c a 1.o r
(904) 465 -2293
AGENDA ITEM # 8B
FEBRUARY 25, 2013
CITY OF ATLANTIC BEACH
CITY COMMISSIONER MEETING
STAFF REPORT
AGENDA ITEM: Police union contract for October 1, 2012 thru September 30, 2015
SUBMITTED BY: Susan Danhauser, Human Resources Director
DATE: February 26, 2013
STRATEGIC PLAN OBJ: Goal #1 Pension and Employee Benefits
BACKGROUND: The City and Coastal Florida Police Benevolent Association (PBA) have
agreed to the provisions of a contract to be effective 02/26/2013. The key
provisions in the contract are:
Art 4.2: Discriminatory practices shall be addressed and handled pursuant
to Article 28 of the agreement.
Art 6.4 — 6.7: Association Time Pool is eliminated
Art 12.3: Holiday pay is applicable beginning the start of the shift that the
holiday falls on and continues through the end of that shift.
Art. 13.1: Chief of Police has 7 working days to respond to leave
requests. The Division Commander may approve leave request for less
than 40 hours without 14 days notice of leave.
Art. 13.1 d: Personal leave sell back is eliminated during employment.
Maximum accrual of personal leave is 680 hours. Use it or lose it by
September 30'' of each year.
Art. 13.1 f. Employees hired prior to 10/01/2012 with less than 10 years
of service at time of termination will receive 50% payout of personal leave
and employees with more than 10 years of service at time of termination
will receive 100% payout of personal leave. Employees hired after
10/01/2012 will receive 50% payout of personal leave at termination.
Art. 13.3: New accrual schedule for personal leave
Art. 17.7: Employees required to appear as a witness when scheduled off
will receive 3 hours of pay at employee's regular rate of pay.
Art. 26: Employees will receive 1.185% pay increase to their base annual
salary upon passage of Atlantic Beach Code or Ordinances, Part II,
Chapter 2, Article VI, Section 4 ( "Police Officers Retirement System ").
On October 1, 2013 employees will be eligible for 1% merit increase to
their base annual salary. On October 1, 2014 employees will be eligible
AGENDA ITEM # 8B
FEBRUARY 25, 2013
for I% merit increase to their base annual salary.
Art 26.3: Effective with the passage of above mentioned ordinance,
employees' pension contributions will increase from 4.815% to 6 %. On
October 1, 2013, the contribution rate shall increase from 6% to 7 %. On
October 1, 2015, the contribution rate shall increase from 7% to 8 %.
Art. 26.11: Longevity pay will be discontinued. Current employees will
receive pro -rated amount, in accordance with their current years of
service, to their base hourly rate of pay. No additional longevity pay will
be given.
Art. 28.2: Any violation of discrimination law will not be allowed in Step
4 of the grievance process. This does not restrict an employee's right to
file a complaint or claim under applicable state or federal law.
Additional Ordinance changes: For employees hired after 10/01/2012 the
major pension revisions to the defined benefit pension plan will include:
2% multiplier; 10 year vesting; no early retirement option; and retirement
age is 55 with 10 or more years of credited service or age 52 with 25 years
of credited service.
TIME LINE: Once approved by the City Commission, it will require approximately 60
days to complete the revisions and 2 readings of the police pension
ordinance, prepare a letter for the State to approve the changes to the
pension plan and receive the actuarial report.
BUDGET: A budget amendment of approximately $58,000 will be needed to cover
the onetime costs to sell down personal leave balances and pro -rate
longevity to current non - civilian employees.
OTHER: A full copy of the agreement in strike through and underline format is
attached.
RECOMMENDATION: Approve the Police Union contract and authorize the Mayor to sign on
behalf of the city.
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal Nkk h /,o
AGREEMENT February 12, 2013
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AGENDA ITEM # 8B 4
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
TABLE OF CONTENTS
Article No.
Title Page
AGREEMENT.............. ...............................
1
Article 1
RECOGNITION ............. ...............................
2
Article 2
PAYROLL DEDUCTION AND DUES ..........................
3
Article 3
NO STRIKE PROVISION ..... ...............................
4
Article 4
EMPLOYMENT GUIDELINES . ...............................
5
Article 5
MANAGEMENT RIGHTS ..... ...............................
6
Article 6
SPECIAL MEETINGS/ ASSOCIATION TIME 1240L .. . , ... , .. , ,
g
Article 7
PROBATIONARY EMPLOYEES AND SENIORITY ..............
10
Article 8
RULES AND REGULATIONS . ...............................
12
Article 9
DISCHARGE AND DISCIPLINE ..............................
13
Article 10
GRIEVANCE PROCEDURE ... ...............................
16
Article 11
ARBITRATION PROCEDURE . ...............................
19
Article 12
HOLIDAYS ................. ...............................
21
Article 13
PERSONAL LEAVE HOURS .. ...............................
23
Article 14
LEAVES OF ABSENCE WITHOUT PAY .......................
26
Article 15
MILITARY LEAVE .......... ...............................
27
Article 16
BEREAVEMENT LEAVE ..... ...............................
28
Article 17
HOURS OF WORK AND OVERTIME ..........................
29
Article 18
INJURY IN THE LINE OF DUTY ..............................
31
Article 19
TUITION AIDE ................ .............................33
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FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
Article 20 INSURANCE ................. ..............................3 -536
Article 21 SAFETY AND HEALTH ................. . ........ ............ 3-63 7
Article 22 BULLETIN BOARDS ......... ............................... 3738
Article 23 UNIFORMS ................. ............................... .3939
Article 24 MILEAGE .................. ............................... 4041
Article 25 LEGAL SERVICES ....... ............................... I ... 44-42
Article 26 WAGES .................... ............................... 4?43
Article 27 ALCOHOL AND DRUG TESTING 4-547
Article 28 ANTI - DISCRIMINATION ..... ............................... 4,648
Article 29
................ 51
Article 30 AMENDMENTS .............. ............................... 48-52
Article 31 SAVINGS CLAUSE ........... ............................... 4953
Article 32 SEVERABILITY .............. ............................... 5054
Article 33 ENTIRE AGREEMENT ........ ............................... X55
Article 34 DURATION OF AGREEMENT .. ............................... �?56
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AGENDA ITEM # 8B
FEBRUARY 25, 2013
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City of Atlantic Beach Package Proposal
February 12, 2013
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AGREEMENT
This Agreement is entered into this 9`4- day of
2013 between the City of Atlantic Beach, hereinafter referred to as the Public
Employer, or City, and the Coastal Florida Police Benevolent Association, Inc.,
hereinafter referred to as the Association. It is the intent and purpose of this
Agreement to assure sound and mutually beneficial working relationships
between the parties hereto, to provide an orderly and peaceful means of
resolving misunderstandings or differences which may arise and to set forth
basic and full agreement between the parties concerning wages, hours and other
conditions of employment enumerated herein. There shall be no individual
arrangements or agreements covering any part or all of this Agreement contrary
to the terms provided herein without coordination with and approval by the
above parties, if appropriate. It is mutually understood and declared to be the
public policy of the Public Employer and the Association to promote
harmonious and cooperative relationships between the Public Employer and the
Association and to protect the public by assuring, at all times, the orderly and
uninterrupted operations and functions or government.
Whenever a male pronoun is used in this Agreement it shall be construed to
include reference to both sexes.
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AGENDA ITEM # 813
FEBRUARY 25, 2013 €
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 1
RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of Part 11 of
Chapter 447, Florida Statutes, the Public Employer recognizes the Association
as the exclusive collective bargaining representative for those employees in the
unit certified by the Florida Public Employees Relations Commission (PERC)
per Unit Certificate 1665 in the Atlantic Beach Police Department for the
purpose of bargaining collectively in the determination of the wages, hours and
terms and conditions of employment of those public employees within the
bargaining unit.
1.2 It is further understood and agreed that the Association Staff Representative of
record (who is the certified bargaining agent as per F.S. 447.301 (2) will be the
official spokesman. In matters other than collective bargaining (i.e., the
resolution of grievances, etc.) or in the absence of the Staff Representative, the
Unit Representative or the alternate of the Atlantic Beach Police Department,
will be the official spokesman for the Association in any matter between the
Association and the Public Employer, only, however, on the matters which the
Association has authority regarding its membership. The Association shall
designate in writing the name of the Unit Representative and alternate.
1.3 The Association agrees to provide the City with the names of the officers for the
Association and will specify the name of the alternate spokesman. The
Association will also notify the City of any changes in Association negotiations
team as soon as possible.
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City of Atlantic Beach Package Proposal i
February 12, 2013
ARTICLE 2
PAYROLL DEDUCTIONS AND DUES
2.1 Upon receipt of a written authorization from an employee covered by this
Agreement, the Public Employer will deduct from the employee's pay the
amount owed to the Association by such employee for dues. It is understood
that this provision will provide for deductions equal to the number of pay
periods per year. The Public Employer will submit to the Association the
deducted sums within fifteen (15) calendar days of the normal payday. Changes
in the Association membership dues and rates will be certified to the Public
Employer in writing over the signature of the President of the Association and
shall be done at least thirty (30) calendar days in advance of the effective date of
such change. The City may notify Association members of any increase in dues
in advance of such increase being deducted by the Employer. The Public
employer's remittance will be deemed correct if the Association does not give
written notice to the Public Employer within seven (7) calendar days after
remittance is received of its belief and reasons stated therefore that the
remittance is incorrect.
2.2 The Association will indemnify, defend and hold the Public Employer harmless
against any claim made, and against any suit instituted, against the Public
Employer as the result of any check -off of Association dues.
2.3 An employee may revoke his authorization for deduction of dues provided the
employee gives thirty (30) calendar days written notice to the Public Employer.
Upon receipt of such notification, the Public Employer shall forward a copy to
the Association and terminate dues on the pay date immediately following the
expiration of the thirty (30) calendar days notice period.
2.4 No deduction shall be made from the pay of an employee for any payroll period
in which the employee's net earnings for that payroll period are less than the
amount of dues to be checked off, Net earnings shall mean net after required
deductions.
2.5 If there is an amount deducted in excess of what is authorized by this
Agreement, the employee affected shall seek recourse with the Association and
not the City, provided that the excess amount deducted was in fact remitted to
the Association in the form of union dues.
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AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 3
NO STRIKE PROVISION
3.1 The Association and bargaining unit members shall have no right to instigate,
support, promote, sponsor, engage in, or condone, in any manner, any work
stoppage, boycott, slow -down, strike, intentional disruption of City operations,
or to withhold services for any reason. Management shall have the right to
discharge or otherwise discipline any or all employees who violate the
provisions of this paragraph. The only question that may be raised in any
proceeding, grievance, judicial or otherwise, contesting such action is whether
this provision was violated by the employee to be discharged or otherwise
disciplined.
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FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 4
EMPLOYMENT GUIDELINES
4.1 a. The Association, its representatives, members or any persons acting on
their behalf agree that the following "unlawful acts" as defined in Chapter
447, Florida Statutes are prohibited;
1) Solicitation of public employees during working hours of any
employee who is involved in the solicitation; or
2) Distributing literature during working hours in areas where the work
of the public employees is performed such as offices, warehouses,
schools, police stations, fire stations, and any similar public
installations.
b. The circuit courts of the state shall have jurisdiction to enforce the
provisions of this section by injunction and contempt proceedings if
necessary. A public employee who is convicted of a violation of any
provision of this section may be discharged or otherwise disciplined by the
Public Employer notwithstanding further provisions of this or any other
agreement.
4.2 The Public Employer and Association agree that the basic intent of this
Agreement is to provide a fair day's work in return for a fair day's pay and to
provide conditions of employment suitable to maintain a competent work force.
The Public Employer and Association affirm the joint opposition to any
discriminatory practices in connection with employment, promotion, training or
assignment; remembering that the public interest requires full utilization of
employees' skills and ability without regard to race, color, age, creed, religion,
national origin, union affiliation or non - union affiliation, handicap, sex, or
marital status. Any complaint or issue concerning discrimination or
discriminatory practices shall be addressed and handled pursuant to Article 28
of this Agreement.
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AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 5
MANAGEMENT RIGHTS
5.1 Except as expressly provided for in this Agreement, the Public Employer retains
the sole and exclusive right to manage its operations and direct the work of the
bargaining unit employee, including the rights to decide the number and
location of work stations, the operation of motorized equipment, the scope of
service to be performed, the methods of service, the schedule of work time; to
contract and subcontract existing and future work; to determine whether and to
what extent the work required in its operation shall be performed by employees
covered by this Agreement; to maintain order and efficiency in its work stations
and locations; to curtail or discontinue temporarily or permanently, in whole or
in part, operation whenever in the opinion of the Public Employer good business
judgment makes such curtailment or discontinuance advisable; to hire, lay -off,
assign, transfer, promote, demote, and determine the qualifications of
employees; to create new job classifications and to create and amend job
descriptions; to determine the starting and quitting time and the number of hours
to be worked; to require an employee to take a physical or mental examination,
given by a health service, or a physician or psychiatrist selected by the Public
Employer; to assign overtime work; to discipline, suspend, and/or discharge
employees for just cause; and to have complete authority to exercise those rights
and powers incidental thereto, including the right to make unilateral change,
subject only to such regulations governing the exercise of these rights as are
expressly and specifically provided in this Agreement.
5.2 The above rights of the Public Employer are not all inclusive but indicate the
type of matters or rights that belong to and are inherent to the Public Employer
in its capacity as manager of the Police Department of the City. Any of the
rights, powers, and authority the Employer had prior to entering into this
collective bargaining agreement are retained by the Employer, except as
expressly and specifically abridged, delegated, granted or modified by this
Agreement.
5.3 Any and all aspects of wages, hours, and working condition, which are not
specifically covered by this Agreement, may be initiated, instituted, continued
or discontinued without notification of or consultation with the Association.
The Public Employer is not required to continue those voluntary aspects of
wages, hours, and working conditions not included in this Agreement, but
which were in effect prior to entering into this Agreement or instituted
thereafter, nor shall the employees have any binding right to such matters.
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AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
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February 12, 2013;
5A It is agreed that every incidental duty connected with operations enumerated in
job descriptions is not always comprehensive and employees, at the discretion
of the City, may be required to perform duties not within their specific job
descriptions as long as they are related to Police Department operations and
have the approval of the Chief of Police or their designee.
5.5 Whenever it is determined that civil emergency conditions exist, including riots,
civil disorder, hurricane conditions, or similar catastrophes, the provisions of
this Agreement may be suspended by the Mayor, City Manager and /or Chief of
Police during the time of the declared emergency provided that wage rates and
monetary fringe benefits shall not be suspended.
5.6 The Public Employer's failure to exercise any function or right hereby reserved
to it, or its exercising any function or right in a particular way, shall not be
deemed a waiver of this right to exercise such function or right, nor preclude the
Public Employer from exercising the same in some other way, provided such do
not conflict with the express provisions of this Agreement.
AGENDA ITEM # 8B
FEBRUARY 25, 2013 j
City of Atlantic Beach Package Proposal i
February 12, 2013 ff
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ARTICLE 6
SPECIAL MEETINGS AND ASSOCIATION TIME POOL
Special Meetings:
6.1 The Public employer and the duly appointed representative(s) of the Association
agree to meet and confer on matters of interest upon the written request of either
party.
6.2 The written request shall state the nature of the matters to be discussed and the
reason(s) for requesting the meetings. Discussions shall be limited to the
matters set forth in the request or other subjects mutually agreed to, but it is
understood that these special meetings shall not be used to renegotiate this or
any other Agreement or for the resolution of grievances.
6.3 Such special meetings shall be held within ten (10) calendar days of the receipt
of a written request if said meeting is jointly agreed to by both parties in
writing. The meeting shall take place at a time and place mutually agreeable to
by the parties. The Association shall have the right at these special meetings, to
make recommendations to the Public Employer to improve department
operations and resolve problems identified by the Association.
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AGENDA ITEM # 8B
FEBRUARY 25, 2013
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City of Atlantic Beach Package Proposal
February 12, 2013
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AGENDA ITEM # 8B
FEBRUARY 25, 2013
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City of Atlantic Beach Package Proposal
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February 12, 2013
ARTICLE 7
PROBATIONARY EMPLOYEES AND SENIORITY
7.1 All employees shall be classified as probationary employees for the first twelve
(12) months of continuous uninterrupted employment, during which time such
employees may be laid off, disciplined or discharged with or without cause and
without recourse to the grievance procedure but will be afforded all the
protection as listed under F.S.S. 112. The City Manager and/or the Chief of
Police have the discretion to extend the probationary period with cause.
Provisions as to seniority shall not apply to probationary employees; rather,
seniority shall date back to the time of hire after an employee has successfully
completed his probationary period. If more than one employee is hired on the
same day, seniority shall be determined by the day (1 -31) of birth, with the
employee with the lowest numerical day of birth having the most seniority. The
employee with the longest date of position is most senior.
7.2 Seniority:
Seniority as used herein, is defined as unbroken, continuous service with the
Atlantic Beach Police Department as a full -time, sworn law enforcement
officer. Authorized paid approved leave shall not reduce the officer's seniority
and seniority shall compute from the date hired as a full -time, sworn law
enforcement officer in accordance with applicable State and Federal Laws. Any
unpaid leave shall be in accordance with applicable state and federal laws, i.e.
Military Leave or FMLA.
7.3 Classification Seniority:
Classification Seniority shall begin with the most recent service in the
employee's classification, (e.g. Officer, Detective or Sergeant). Employees shall
not attain seniority until the completion of the probationary period in their
classification (probation is defined in Article 7.1 of this Agreement). Seniority
shall relate to the most recent date of promotion in that classification.
Employees that are returned to a lower grade position shall retain their seniority
as if they had been serving continuously within the lower grade position.
7.4 Seniority shall benefit each classification as follows:
a. Layoffs. Shall the need to layoff members of the Bargaining Unit exist, the
City should use the documented performance records of the individual(s),
seniority and the overall record before the layoff begins.
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AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
Februaiy 12, 2013
b. Position Elimination. If a sergeant's or detective's position is eliminated or
abolished, the sergeant or detective will return to the position previously
held, if a vacancy exists, without losing seniority in the classification to
which he /she is returned. If there is no vacancy within the previously held
position, the sergeant or detective shall be returned to the next lower
position and be given priority consideration whenever a vacancy within the
higher position previously held occurs.
7.5 Seniority shall be lost for the following reasons:
a. Voluntary resignation
b. Retirement
C. Termination
d. Failing to return to work from authorized leave of absence
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FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal t
February 12, 2013 rt
ARTICLE 8
RULES AND REGULATIONS
8.1 Any general order issued after the effective date of this Agreement shall remain
in full force and effect, if not in conflict with any Article or Section in this
Agreement. All other general orders shall remain in full force and effect and the
Employer retains the right to issue other general orders in its sole discretion as
long as they comply with State and Federal Laws.
8.2 The City shall have the right to establish, maintain and enforce, or rescind,
amend or change, reasonable rules and regulations and standard operational
procedures as long as they comply with State and Federal Laws.
8.3 Any employee violating a rule or regulations or standard operational procedure
may be subject to disciplinary action, including dismissal.
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AGENDA ITEM # 8B
FEBRUARY 25, 2013
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February I2, 2013
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ARTICLE 9
DISCHARGE AND DISCIPLINE
9.1 The Employer has the right to discharge, suspend or otherwise discipline
employees for just cause. The Employer shall consider, among other things, the
seriousness and frequency of offenses when determining the appropriate
discipline, which may include a warning, suspension or immediate discharge.
Employees are not entitled to a particular number of warnings prior to the
imposition of discipline, including discharge.
9.2 The following acts shall be grounds for discipline up to and including discharge.
a. Falsifying statements or records;
b. Stealing;
c. Drinking or possessing alcoholic beverages while on duty, unless authorized
by the Chief of Police;
d. Possessing, using or selling a controlled substance, including but not limited
to, narcotics, marijuana, or barbiturates, other than that prescribed by a
physician of the employee unless authorized by the Chief of Police;
e.. Being under the influence of a controlled substance other than that
prescribed by a physician for the employee, or being under the influence of
an alcoholic beverage which would also be a violation of Article 9.2j;
f. Recklessness or negligence while on duty;
g. Violation of the no strike provision of this Agreement;
h. Violation of a published work rule or regulation or standard operational
procedure;
i. Failure to immediately report vehicle accidents involving damage to any
City property;
j. Conduct that could bring discredit to the Employer;
k. Having committed and /or convicted for felony, driving while under the
influence of alcohol, or narcotic substances, crime involving moral
turpitude, or a misdemeanor involving perjury or a false statement, or a
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AGENDA ITEM # 8B I�
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013 rr�
misdemeanor evidencing bad moral character;
1. Leaving the working area during working hours without authorization;
m. Sleeping while on duty;
n. Fighting, wrestling, horseplay, or any other act which might interfere with
the safe or efficient operation of the Employer;
o. Unauthorized absence;
p. Unauthorized tardiness;
q. Repeated failure to achieve a satisfactory evaluation of work performance;
r. Refusal to cooperate during an investigation;
s. Insubordination;
t. Conduct unbecoming a city employee; or
u. Refusal to obey the lawful commands of a superior officer, City Manager,
or their designee.
The foregoing enumeration of grounds for discipline are by way of illustration
and shall not be deemed to exclude management's right to discipline, or
discharge, employees for any other cause.
9.3 Failure to discipline an employee for violation of these rules, regulations, and /or
standard operational procedures shall not affect the right of the City to discipline
the same or other employees for the same or other violations of the same rules,
regulations, and/or standard operational procedures.
9.4 The City may use progressive discipline keeping in mind the officer's previous
records and the ability to use training as a means to correct the situation. Except
for serious violations, supervisors and department heads are encouraged to utilize
progressive discipline. Progressive discipline is an approach in which a sequence
of penalties is administered, each one slightly more severe than the previous one.
The goal is to build a discipline program that progresses from less severe to more
severe in terms of punishment for similar or like offenses. Steps within a
progressive discipline system that should be considered are:
a. Counseling. Does employee understand rules, policies, etc., and what is
expected of them? Such action may or may not be documented in writing;
however, the supervisor should maintain a record (date /time /subject) of
counseling. This action does not constitute official disciplinary action and is
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AGENDA ITEM # 8B
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City of Atlantic Beach Package Proposal j
February 12, 2013
considered as an administrative action.
b. Written Warning. Places employee on notice that further acts will result in
more severe disciplinary action. Such action must be documented in writing
by use of an official Employee Counseling Form and may, or may not, be
placed in employee's official personnel records. This action does not
constitute official disciplinary action and is considered as an administrative
action.
c. Official Reprimand. Written action that is placed within employee's official
personnel records. Such action should be documented, in writing, by use of
official Employee Counseling Form.
d. Suspension. Normally, the final step in the disciplinary process prior to
termination. Such action must be fully documented and should be
coordinated with the Human Resource Manager prior to implementation.
e. Demotion. Depending on circumstances, it may be appropriate over
removal. Such action must be fully documented and should be coordinated
with the Human Resource Manager prior to implementation.
f. Removal (same as termination). The most severe disciplinary action. Such
action must be fully documented and should be coordinated with the Human
Resource Manager prior to implementation.
9.5 Florida State Statute 112.532, (the Law Enforcement Officers' Bill of Rights as
amended from time to time) shall apply whenever a law enforcement officer is
under investigation and subject to interrogation by members of his/her agency for
any reason which could lead to disciplinary action, demotion or dismissal.
Florida State Statute 112.533 shall be complied with for the receipt and
processing of complaints received.
9.6 Employees shall be notified at the earliest practicable time following the request
by a private citizen to review the personnel file of the employee.
9.7 Files maintained by the Internal Investigation Division will be purged by
applicable State and Federal Laws.
9.8 The City will comply with Section 119.07 of the Florida Statutes and will not
release information of members of the Bargaining Unit unless allowed by law. It
shall be the right of any officer, at any reasonable time to inspect and request a
copy of his/her personnel records and completed internal affairs files.
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February 12, 2013
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ARTICLE 10
GRIEVANCE PROCEDURE
10.1 In a mutual effort to provide harmonious working relations between the parties
to this Agreement, it is agreed to and understood by both parties that there shall
be a procedure for the resolution of grievances between the parties arising from
an alleged violation of specific terms of the Agreement as provided in this
Article.
10.2 For the purpose of this Agreement, a grievance is defined as a disagreement
between the Public Employer, Association and one or more of its employees
concerning the interpretation, application, or compliance with this Agreement,
including disagreements regarding discipline.
10.3 Grievances may be taken up during the working time of the grievant upon the
mutual agreement between the Public Employer and the Association. Affected
personnel of the Department will follow the steps as numerically outlined where
they are organizationally feasible. In issues dealing with discipline, the City
and Association agree that due to the organizational structure of the Police
Department, subordinate supervisors are not authorized to circumvent decisions
of a higher ranking supervisor or the Chief of Police. Therefore, a grievant may
file the first step of the grievance with the supervisor who is alleged to have
breached this Agreement. If the grievant is grieving a discipline issue, the
grievance shall be filed with the supervisor who directed the discipline.
10.4 All grievances proceeding to Step 11 must be reduced to writing and must
contain the following information:
a. The specific Article and Section of this Agreement alleged to have been
violated by the Public Employer;
b. A full statement of the grievance, giving a description of the facts and dates
and times of the events involved in the alleged violation, and the specific
remedy desired by the grievant;
c. Signature of grievant, or Staff Rep. if grievance is being submitted by the
Association , and date signed; and,
d. Designation letter signed by the grievant, if applicable, designating any
representative appointed to represent them during the grievance process.
Failure of the grievant to comply with this section shall make the grievance null
and void.
16
10.5
AGENDA ITEM # 8B
FEBRUARY 25, 2013 s /
City of Atlantic Beach Package Proposal I
February 12, 2013 'A l
All grievances shall be processed in accordance with the following procedure:
Step 1 - The grievant shall orally, or in writing, present his grievance to
his immediate supervisor within ten (10) working days of receipt of an
official written notice or of the occurrence of the action giving rise to the
grievance, provided that should the action giving rise to the grievance
occur while the employee is on authorized paid leave of absence or is on
his scheduled day(s) off the grievant shall have ten (10) working days
from returning to duty to orally, or in writing present his grievance.
Discussions will be informal for the purpose of settling differences in the
simplest and most effective manner. The immediate supervisor will
discuss and make an effort to resolve all legitimate grievances with
fairness and justice for both the grievant and the Public Employer. The
immediate supervisor shall orally communicate a decision to the grievant
within ten (10) working days from the date the grievance was presented to
him.
Step 2 - If the grievance is not settled at the first step, the grievant and /or
his designated representative shall within ten (10) working days of the
response under step 1 present the grievance in written form (in compliance
with Article 10.4) to the Chief of Police with a copy to the City Manager.
The Chief of Police or his designee, shall investigate the alleged grievance
and shall within ten (10) working days of receipt of the written grievance
conduct a meeting with the grievant, his representative (as appropriate),
and the Association if the grievant requests Association representation.
The Chief of Police or his designee shall notify the grievant, in writing, of
his decision no later than ten (10) working days following the meeting.
Note: If the Step 1 Grievance was submitted to the Chief of Police and a
Step 1 meeting with the grievant has been held, another meeting at Step 2
is optional and at the discretion of the Chief of Police.
Stet? 3 - If the grievance is not settled at the second step, the grievant
and /or his representative shall within ten (10) working days from the date
of the Chief of Police's decision present the written grievance to the City
Manager or his designee. The City Manager, or his designee, shall
investigate the alleged grievance and may within ten (10) working days of
receipt of the written grievance conduct a meeting with Public Employer
representatives, the grievant and the Association if the grievant requests
Association representation. The City Manager or his designee shall notify
the grievant in writing of his decision not later than ten (10) working days
after the date the grievance was received by the City Manager, or from the
date of the meeting, if conducted.
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AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal I V/1
February 12, 2013
Step 4 - If a grievance, as defined in this Article, has not been
satisfactorily resolved within the Grievance Procedure, the Association
Staff Representative of record may request arbitration in writing to the
Office of the City Manager no later than ten (10) working days after the
response is received in Step 3 of the grievance procedure.
10.6 It is the mutual desire of the Employer and the Association that grievances shall
be adjusted as quickly as possible and to that end the time limits set forth in this
Article are to be strictly enforced. The time limits may only be extended by
mutual written agreement.
The term "work days" as used in this Article include days that the City Hall is
open for business (excluding authorized absences of either party). For the
purpose of calculating time limits, the day on which a grievance, or a reply by
management to a grievance, is received, shall not be counted. Failure of
management to observe the time limits for any step in the Grievance Procedure
without a mutually agreed written extension of time shall entitle the grievant (or
the Association in the case of Step 4) to proceed to the next Step of the
Grievance Procedure as outlined in this Article. Failure of the Association to
observe the time limits for any step in the Grievance Procedure without a
mutually agreed written extension of time shall terminate the grievance.
18
AGENDA ITEM # 8B
FEBRUARY 25, 2013 J
City of Atlantic 15eacn Package Proposal
February 12, 2013
ARTICLE 11
ARBITRATION PROCEDURE
11.1 Whenever the Association requests arbitration in accordance with the provisions
of Article 10, the parties shall within ten (10) working days following appeal to
arbitration jointly request the Federal Mediation and Conciliation Service to
submit a panel of seven (7) arbitrators, each of whom shall be a member of the
National Academy or Arbitrators. Arbitrators shall be selected from such panel
by alternately striking names from this list (the Association shall make the first
strike) until only one name remains on the list.
11.2 The limitations of the powers of the Arbitrator are as follows:
a. The Arbitrator shall not have the power to add to, subtract from, or alter the
terms of this Agreement;
b. The Arbitrator shall have no power to establish wage scales, rates for new
jobs, or to change any wage;
c. The Arbitrator shall have only the power to rule on matters arising under
this Agreement and is confined exclusively to the question(s) which is
presented to him which question(s) must be actual and existing;
d. If the subject of the grievance submitted to arbitration concerns disciplinary
measures (including discharge) taken against one or more employees, the
Arbitrator is only empowered to pass upon whether the employee or
employees concerned actually committed, participated in, or were
responsible for the act of misconduct. The Arbitrator has no authority to
pass upon the nature, extent, or severity of the disciplinary measure(s) taken,
such determination being solely a managerial prerogative. If the Arbitrator
finds that the employee has not committed, participated in, or was not
responsible for, the act of misconduct for which he has discipline, the
Arbitrator has the power to make the employee or employees whole,
including ordering back pay (less compensation received from any other
sources) for time lost, and reinstatement when applicable.
11.3 There shall be no appeal from the Arbitrator's decision; it shall be final and
binding on the Association and on all bargaining unit employees and on the
Public Employer, provided the Arbitrator's decision is not outside or beyond the
scope of the Arbitrator's jurisdiction, or is not in violation of public policy. The
authority and responsibility of the Public Employer, as provided by Florida
Law, shall not be usurped in any matter.
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AGENDA ITEM # 8B
FEBRUARY 25, 2013 to�
City of Atlantic Beach Package Proposal
February 12, 2013 1�-
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11.4 The Arbitrator will charge the cost of his services to the losing party of each
grievance. Each side will pay its own representative and witnesses. The cost of
a court reporter and the transcription fee shall be paid by the party requesting
the court reporter and/or a transcription of the proceedings.
FA
NOTES:
For union members that work shifts, Holidays shall be observed on the actual date that they
occur.
For union members that work a Monday through Friday workweek:
12.2
12.3
Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding
Friday with Christmas Eve observed on the preceding Thursday.
Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with
Christmas Eve observed on the preceding Friday.
Whenever Christmas falls a Monday, Christmas shall be observed on Monday with
Christmas Eve observed on the preceding Friday.
Not Scheduled to Work a Holiday:
Employees who are not scheduled to work on the observed holiday shall receive at the
discretion of the Public Employee either eight (8) hours pay at the employee's regular
straight time hourly rate of pay or eight (8) hours of compensatory time, at the straight
time rate.
Scheduled to Work a Holiday:
Worked the Holiday. Employees whose work shift starts on -werks on the holiday shall
receive Holiday pay equal to their scheduled shift (8, 10, 12, etc. hours), plus be paid
21
AGENDA ITEM # 8B
FEBRUARY 25, 2013 j VY
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 12
HOLIDAYS
12.1 The following are recognized as holidays under the terms of this agreement:
New Years Day
January I"
Martin Luther King's Birthday
3rd Monday in January
President's Day
3rd Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4th
Labor Day
1 st Monday in September
Veterans Day
November 11th
Thanksgiving Day
4th Thursday in November
Friday after Thanksgiving
Friday after Thanksgiving
Christmas Eve
December 24th
Christmas Day
December 25th
Any day that the City Commission may designate
NOTES:
For union members that work shifts, Holidays shall be observed on the actual date that they
occur.
For union members that work a Monday through Friday workweek:
12.2
12.3
Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding
Friday with Christmas Eve observed on the preceding Thursday.
Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with
Christmas Eve observed on the preceding Friday.
Whenever Christmas falls a Monday, Christmas shall be observed on Monday with
Christmas Eve observed on the preceding Friday.
Not Scheduled to Work a Holiday:
Employees who are not scheduled to work on the observed holiday shall receive at the
discretion of the Public Employee either eight (8) hours pay at the employee's regular
straight time hourly rate of pay or eight (8) hours of compensatory time, at the straight
time rate.
Scheduled to Work a Holiday:
Worked the Holiday. Employees whose work shift starts on -werks on the holiday shall
receive Holiday pay equal to their scheduled shift (8, 10, 12, etc. hours), plus be paid
21
AGENDA ITEM # 8B AA
FEBRUARY 25, 2013 ' V
City of Atlantic Beach Package Proposal
February 12, 2013
the employee's regular hourly rate of pay, or provided compensatory time, hour -for-
hour, for each hour worked during tha halm that shift. The minimum accrual of
holiday pay will not equal less than eight (8) hours.
Did Not Work the Holiday, i.e. approved to take the Holiday off.
Employees shall receive Holiday pay equal to their scheduled shift (8, 10, 12, etc,
hours) and shall not be required to take Personal Leave or receive any additional
compensation for the Holiday.
12A In order to be eligible for holiday pay the employee must have worked the last
scheduled working day immediately prior to the holiday and the first regularly scheduled
working day immediately after the observed holiday unless the employee is on paid
vacation, military leave, paid sick leave substantiated by a doctor's certificate, or other
paid absences excused by the Chief of Police. Employees must be expected to return to
work in order to receive holiday pay.
12.5 Employees who have been assigned holiday work and fail to report for and perform
such work without reasonable cause shall not receive pay or compensatory time for the
holiday and shall be subject to appropriate disciplinary action.
12.6 Employees who are on an unpaid leave of absence or layoff on their last scheduled
workday proceeding the day on which such holiday is observed shall not receive pay or
compensatory time for the holiday.
o -
12.7 The accrual and payout of compensatory time under this Section shall be governed
by the provisions of Article 17.
22
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal 1
February 12, 2013
ARTICLE 13
PERSONAL LEAVE HOURS
13.1 The "Personal Leave Hours" concept is advancement from the traditional
vacation and sick leave system.
a. When a Personal Leave Hour is used for illness or other emergencies,
employees are required to notify the on -duty supervisor, or if he /she is
unavailable the Communication Center of the nature of the illness or
emergency at least one hour prior to the start of the employees shift.
When an employee is planning to use Personal Leave or Compensatory
Time off, he must submit his request for the leave in writing to the Police
Chief, or his designee, at least fourteen (14) calendar days, prior to the
first day of the intended absence. The Chief of Police, or his designee,
shall respond to the request within seven 7 days, not
including Saturday, Sunday, or holidays, of receipt of the request.
Approval of the leave may be denied if in the discretion of the Chief, or
his designee, such leave would pose an undue disruption of the
department.
The employee's supervisor may approve any leave without fourteen (14)
days prior notice so long as the employee is not absent for more than forty
(40) hours. The granting or denial of this request shall be the discretion of
the sh epi- serDivision Commander of the work shift that is affected.
OEM _
'- -
v �
b. Minimum units charged against Personal Leave under sections 13.1 a shall
be in increments of fifteen (15) minutes or more.
C. For Personal Leave hours used for illness, the City always retains the right
to require medical documentation of the illness.
23
AGENDA ITEM # 8B
FEBRUARY 25, 2013 9
City of Atlantic Beach Package Proposal =f
February 12
2013
Leave limits: Eaeh employee may seleet-a-pepAwal leave lifflit of 120,
■-
r.
ash-In Dates;
ac=v i &sii in Earut
or dates 6f:-
■
rr a�.w
d. Effective on the date of ratification of the Agreement by both parties (the
"effective date ", _the maximum number of personal leave hours which may
be accrued and carried forward to the following fiscal year is 680 hours.
Within thirty (30) calendar days from the effective date, any employee who
has exceeded the limit of 680 hours will receive a buyout of accrued
personal leave for all hours that exceed the new maximum accrued limit of
680 hours. Thereafter, the maximum number of personal leave hours which
may be accrued and carried forward to the following fiscal year is 680
hours.
Employees should make every attempt to schedule and use their personal
leave prior to the end of each fiscal year. Failure to use the personal leave
time will result in forfeiture on October 1 of each fiscal year of any time that
24
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'
N.M.
HVIRWORMI
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d. Effective on the date of ratification of the Agreement by both parties (the
"effective date ", _the maximum number of personal leave hours which may
be accrued and carried forward to the following fiscal year is 680 hours.
Within thirty (30) calendar days from the effective date, any employee who
has exceeded the limit of 680 hours will receive a buyout of accrued
personal leave for all hours that exceed the new maximum accrued limit of
680 hours. Thereafter, the maximum number of personal leave hours which
may be accrued and carried forward to the following fiscal year is 680
hours.
Employees should make every attempt to schedule and use their personal
leave prior to the end of each fiscal year. Failure to use the personal leave
time will result in forfeiture on October 1 of each fiscal year of any time that
24
AGENDA ITEM # 8B
FEBRUARY 25, 2013 J
City of Atlantic Beach Package Proposal
February 12, 2013
exceeds the 680 hour limit.
If a personal leave request is cancelled by the City due to no --fault of the
employee and cannot be rescheduled prior to the end of the fiscal year, their
City Manager head may approve the employee to carry -over the personal
leave hours that were canceled In such unusual case, the employee must
use these personal leave hours prior to the end of the next fiscal year.
e. No Personal Leave Hours may accumulate to an employee who is in a
non -pay status or utilizing donated leave.
f. Eligible employees who resigns with at least two weeks' prior written
notice of resignation to the City Manager, is—are laid off, or whose
e,,p „+ h t be .avol ntar- l terminatedretire shall be paid for
M to 680 any - unused personal leave hours acet-aale as follows:
.(1) Employees hired by the City before October 1 2012, with ten (10)
or more years of completed service on the date their employment ends
shall be paid out 100% of the personal leave hours accrued (up to a
maximum of 680 hours).
(2). Employees hired by the City before October 1, 2012, with less than
ten 10 ears of completed service on the date their em to ent ends
shall be paid out 50% of personal leave hours accrued (up to a maximum
of 680 hours)-
3) Employees hired by the Citv on or after October 1,_2012,-shall be
said out 50% of personal leave hours accrued (up to a maximum of 680
hours).
13.2 In the event of the employee's death, the balance of the employee's Personal
Leave shall be paid to the beneficiary of the deceased employee.
i 13.3 Effective on the date of ratification of this Agreement by both parties .Personal
Leave time shall accumulate during each pay period and shall be credited to the
employee at the end of each pay period using the following schedule.
Years
Hours Per Total Annual
Pay Period Hours
r it
won NEELIMM.,
25
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal -
February 12, 2013 {
b
Beg_ th
Beg-.46" and evef io.47
Beginning Thru Hours per Total AIZrlual
Year of Year PU Period Hours
Em la ent
First Year 4.62 120
4
5
6.15
160
6
7
6.77
176
8
10
7.69
200
11
12
8.31
216
13
14
8.92
232
15
9.54
248
26
AGENDA ITEM # 8B Al)
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2413 �,
ARTICLE 14
LEAVES OF ABSENCE WITHOUT PAY
14.1 The City shall conform to the Family Medical Leave Act (FMLA) with FMLA
eligible employees entitled to leave per a twelve (12) month period for the
periods and reasons as specified in the FMLA.
14.2 Leaves of absence without pay may also be granted for other reasons deemed
acceptable to management other than those covered in under the FMLA.
14.3 All leaves, with or without pay, should be requested by the employee in writing
and should be approved in writing before becoming effective.
14.4 Requests for Military Leave shall be submitted in accordance with Article 15.
14.5 Any approved Leave Without Pay (LWOP) shall become effective only after the
employee has utilized all available paid leave and compensatory time to which
they may be entitled.
14.6 An employee's starting date will be adjusted for leaves of absence without pay,
unless restricted by State or Federal law.
27
AGENDA ITEM # 8B
FEBRUARY 25, 20I3
City of Atlantic Beach Package Proposal
February 12, 2013 �� l
ARTICLE 15
MILITARY LEAVE
15.1 The City will grant employees leaves of absence for military duties as dictated
by the requirements of state and federal laws.
15.2 Employees requesting military leave are responsible for notifying the Chief of
Police as soon as possible of the dates for such training period(s).
15.3 An official set of military orders should be submitted as soon as possible, but in
no case shall an employee be paid for Military Leave until an official set of
orders or appropriate documentation have been received.
28
AGENDA ITEM # 8B
FEBRUARY 25, 2013 f +,�
y
City of Atlantic Beach Package Proposal ;
February 12, 2013
ARTICLE 16
BEREAVEMENT LEAVE
16.1 Employees covered by this agreement may be granted, upon approval of the
Chief of Police, time off with pay not to exceed three calendar days, in the event
of a death in the employee's immediate family for the purpose of attending the
funeral and/or attending to related obligations of the deceased relative. An
employee may be granted up to four (4) hours off with pay if the employee is
required to act as a pallbearer for a deceased member of the Atlantic Beach
Police Department.
16.2 The employee's immediate family shall be defined as the employee's spouse,
father, mother, son, daughter, brother, sister, father -in -law, mother -in -law,
grandparents, step- parents, step- child, step - brother, step - sister and any other
member of kinship who may be residing under the same roof with an employee
during the time of death.
16.3 Funeral leave or bereavement leave shall be paid leave and not charged to
personal leave days.
16.4 The employee may be required to provide the Chief of Police with verification
of death before compensation is approved.
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AGENDA ITEM # 8B
FEBRUARY 25, 2013 C �
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 17
HOURS OF WORK AND OVERTIME
17.1 The bargaining unit employee's basic work period shall be based on the Fair
Labor Standards Act (FLSA) with a work period of fourteen (14) days. The
basic work period for an employee covered by this Agreement will consist of up
to eighty -four (84) hours per 14 -day work period. When the City deems it
necessary, the basic work period may be changed, provided the employees are
given at least seven (7) calendar days notice prior to the change.
17.2 Whenever the Chief of police or the City Manager permits an employee (at the
employee's request) to attend a training seminar or training program which is
not specifically assigned, the employee shall have no right to receive any
compensation or compensatory time for the hours spent traveling to or from or
attending the seminar or program. However, the Chief of police or City
manager may at their discretion compensate the employee for attending the
seminar or program and /or reimburse the employee for travel or lodging
expenses. Such decision is not subject to the grievance or arbitration procedures
of this agreement.
17.3 Except as provided in Section 17.4, all hours worked in excess of 84 hours
during an employee's basic scheduled work period shall be considered overtime
and shall be compensated at the rate of one and one -half (V/2) times the
employee's regular hourly rate of pay.
17.4 An employee will have the option of receiving compensatory time off or
overtime pay provided 85% or more or the overtime budget has not been
expended at the time the overtime work is performed. However, the maximum
amount of compensatory time, which may be accrued under this agreement
(including Article 12 and Article 17), is one - hundred (100) hours of
compensatory time. Under this Article, compensatory time shall be accrued at
the same rate as overtime pay. Once an employee accrues one - hundred (100)
hours of compensatory time, no further accrual of compensatory time will be
allowed. Thereafter, hours worked in excess of an employee's regular
scheduled two week work period shall normally be paid to the employee.
17.5 For the purpose of taking compensatory time off, the employee shall, in
accordance with procedures for personal Leave, Article 13, request to be
allowed to utilize his accrued hours. All accrued compensatory time off must be
taken during the fiscal year (October 1 - September 30) in which it is earned. If
not, the employee shall receive a cash payment for the excess unused
compensatory time on or after the last pay period of the fiscal year but no later
than September 30th of the same fiscal year at the regular hourly rate earned by
the employee at the time the employee receives such payment. Note:
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AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013 j 1
Employees will not be paid for Compensatory Time unless their Compensatory
Time payment amount equals or exceeds one hour.
17.6 Hours worked in excess of the employee's normal scheduled hours due to
emergency situations such as hurricanes, tornadoes, civil disorders and other
like matters as declared by the Chief of Police, will be compensated for at the
rate of one and one -half (1' /Z) times the employee's regular hourly rate of pay.
17.7 When an employee is required to appear as a witness at a deposition, trial, or
hearing on a pending criminal, civil, or traffic case or as a witness in a pending
departmental disciplinary action, where the employee is or was involved in his
official police capacity, and such appearance occurs when the employee is
scheduled to be off duty, he shall be compensated at the employee's regular rate
of pay for the reasonable time spent traveling to and from the location of the
deposition, trial, or hearing and for the time spent in performing his duties as a
witness, with a minimum of three (3) hours. Provided, however, the employee
must submit to the Police Chief a copy of any notice of deposition or subpoena
and must remit to the City any witness fee or fees received in connection with
the appearance that exceed twenty dollars ($20.00) excluding travel
reimbursement, unless City transportation is furnished in which case travel
reimbursement should not be requested or accepted or if receive such fee will be
signed over to the City.
17.8 In changing individual work schedules, management will take into
consideration the interests of the employees affected and the needs of the
department. The City will give as much advance notice as possible. Where
possible there should be a minimum of twelve hours between the completion of
the employee's prior work shift and the beginning of the next work shift. This
section does not apply in overtime circumstances.
17.9 Training days are viewed as hours worked, and the City may assign and /or
reschedule training days at the City's discretion. Scheduled training days are
mandatory work days and are generally in addition to the Officer's regular
schedule. Failure to attend scheduled training will be treated as any other
missed work day. Training days will be scheduled by the City as soon as
possible but in not case with less than 30 days notice to the employee.
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AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013 1 J
ARTICLE 18
INJURY IN THE LINE OF DUTY
18.1 Any employee covered by this Agreement who sustains a temporary disability
as a result of accidental injury in the course of and arising out of employment by
the Public Employer, shall, in addition to the benefits payable under the
Workers' Compensation Law of the State of Florida, be entitled to the following
benefits:
a. When an employee is absent due to compensable injury, the City will pay
one - hundred percent (100 %) of an employee's average daily earnings for
each regularly scheduled work day missed beginning with the first
calendar day of the authorized disability, and continuing through the
seventh calendar day of the authorized disability. However, in no case
shall these payments and those paid through Workers' Compensation
exceed the employee's normal net salary. Any amount paid by the city to
the employee who is subsequently paid by Workers' Compensation shall
be reimbursed by the employee to the city.
b. An employee sustaining a lost time injury under this Article may use
accumulated Personal Leave days to cover the time off the job due to an
injury until he is compensated by Workers' Compensation. Personal
Leave days can be used to supplement that percentage (33 1/3 %) of his
pay which is not covered by Workers' Compensation. The request to
allow the employee to do the above must be made to the Chief of Police in
writing.
18.2 In addition to the benefits afforded under section 18.1(a), an employee,
subsequent to exhausting all Personal Leave days, may be awarded special
benefits by the city if special circumstances are found to exist in the sole
opinion of the City Manager. But such payments shall not, when added to
Workers' Compensation benefits, total more than the normal regular pay
received by the employee immediately prior to such disability, nor may such
payments continue longer than one year from the date of injury. Factors which
the City Manager may consider in each instance are as follows:
a. Consideration of degree of responsibility of employee /employer.
b. Obedience to or violation of laws, statutes, or ordinances involved in
connection with the causes of such disability.
C. Obedience to or violation of any Department rules, regulations and
policies procedures, published work rule or instructions to the employee
by supervisors involving the cause of the disability.
ON
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
The decision to grant or deny special benefits is not subject to the grievance or
arbitration provisions of the agreement.
18.3 The City may require the employee to be examined every twenty (20) calendar
days by a medical doctor selected by the City to determine whether the
employee should be continued on such leave or returned to duty.
18.4 In the event that an employee fails to return to work due to a disagreement
between medical doctor(s) for the employee and the city, then the city shall
select a third, duly qualified medical doctor who shall resolve the medical
disagreement. This medical examination shall be at the employee's expense. In
resolving the disagreement between the employee's doctor and the city's doctor
the decision of the third doctor shall be final and not subject to grievance.
18.5 Where injury is caused by the knowing refusal of the employee to use a safety
appliance provided by the City, the Workers' Compensation benefits shall be
reduced twenty -five percent (25 %). Failure to obey safety regulations or to use
safety devices shall result in disciplinary action, up to and including discharge.
33
AGENDA ITEM # 813
FEBRUARY 25, 2013
l
City of Atlantic Beach Package Proposal
February 12, 2013 j
ARTICLE 19
TUITION AID
19.1 Any full time employee who has completed the initial probationary period will
be eligible to take courses which are approved in advance by the Police Chief as
being law enforcement related or for career development. Upon successful
completion of the course, the city shall reimburse the employee as follows
Reimbursable Items. An employee who successfully completes an approved
course where grades are assigned with a grade of "C" or better, or obtains a
satisfactory completion certificate when grades are not assigned will be
reimbursed 100% of the tuition, lab fees, registration fees, and costs for books.
Any member attending courses toward a Master's Degree may be reimbursed up
to 100% at the sole discretion of the City Manager.
Non - reimbursable items. 100% of the costs of supplies, transportation, parking,
equipment, plus all other fees not listed in this article will be the responsibility
of the employee.
The employee must present written evidence of completion of the course and
the grade achieved to validate payment from the employer. The employee shall
supply the Chief of Police with written notice of the course(s) to be taken,
information on the course(s) content and the cost of each course, and receive
approval prior to registration for the course(s) which the employee is requesting
reimbursement.
19.2 An employee who does not remain with the City for a minimum of one (1) full
year after completion of a course for which he has received education assistance
shall repay the reimbursement to the city at the rate of 1 /12`h of the total
received for each month remaining on the 12 month commitment.
19.3 Should there be no funds available from the City Training Fund the City will
not be required to reimburse the employee under Section 19.1. The City will
advise the employee before the employee takes a course if the City anticipates
that no funds will be available.
19.4 In the event the employee is eligible for tuition aid from any other source, such
as, but not limited to Veteran's Benefits, the payments due under this article will
be reduced by the amount of benefits paid by other sources.
19.5 In addition to salary incentive monies called for in Florida State Statute 943.22,
an employee shall receive a monthly educational incentive from the City as
follows:
34
Degree
Associates or documented evidence
of eligibility for an Associates Degree
Bachelors Degree
35
AGENDA ITEM # 8B
FEBRUARY 25, 2013
W/191
City of Atlantic Beach Package Proposal
I J
February 12, 2013
Monthly Amount
$ 50.00
$ 100.00
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal t
February 12, 2013
ARTICLE 20
INSURANCE
20.1 The City agrees to provide employees with a group term life insurance policy
providing for coverage equal to the annual salary of the employees, but not to
exceed $50,000. The City agrees to pay the premiums for the employees'
coverage for such insurance.
20.2 The City agrees to provide employees with the basic health insurance group
program as offered to other City employees. The City agrees to pay the same
amount of premium for the same insurance coverage for bargaining unit
members as it does for other City employees. Dependent coverage for medical
and other insurance offered by the City will be available by payroll deduction at
the employees' expense.
36
AGENDA ITEM # 813
FEBRUARY 25, 2013
r'
City of Atlantic Beach Package Proposal ` 1
February 12, 2413 1
ARTICLE 21
SAFETY AND HEALTH
21.1 The Public Employer and the Association agree that they will conform to all
laws relating to safety, health, sanitation and working conditions. The Public
Employer and the Association will cooperate in the continuing objective of
elimination safety and health hazards where they are shown to exist.
21.2 Safety practices may be improved upon from time to time by the Public
Employer and upon recommendations of the Public Employer and the
Association. Protective devices, apparel, and equipment when provided by the
Public Employer must be used and any failure to obey safety regulations or to
use safety devices shall be just cause for disciplinary action.
37
AGENDA ITEM # 813
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 22
BULLETIN BOARDS
22.1 The Association may be permitted to provide for its own use one bulletin board not to
exceed four feet times three feet (4'.x 3') in dimension, provided the bulletin board shall
be located only in the squad room.
22.2 The Association agrees it shall use the space on the bulletin board provided for herein
only for the following purpose: notices of Association meetings, notices of internal
elections for Association offices, reports of Association committees, policies of the
Association, recreation and social affairs of the Association, and notices by public
bodies. In no event shall the bulletin board be used to post political material or
controversial material. T--he President are tea ry �« ,-.� The Chief Representative or
Alternate Representative of the Association are the only authorized representatives to
post material on the bulletin board. Said representatives shall initial and date all
material, which is posted.
22.3 The Chief of Police or his designee shall decide whether or not Section 22.2 has been
violated. Should it be determined that a violation has occurred the material shall
immediately be removed by the City with the removed material provided to the
Association Staff Rep.
22.4 The Police Department may post training, promotional, or transfer information on these
boards. Such material shall be removed from the boards within five (5) days of
expiration.
38
AGENDA ITEM # 8B
FEBRUARY 25, 2013 +'
City of Atlantic Beach Package Pro osar /^
February 12, 2013
ARTICLE 23
UNIFORMS
23.1 The City will furnish all sworn bargaining unit employees who are required to
wear uniforms in the performance of their duties with uniforms and equipment
approved for their use.
23.2 The City will replace or repair the above items as they become torn, worn or
unserviceable due to the performance of the employee's official duty. Any
claim for a repair or replacement under this Section must be accompanied by a
written explanation to the employee's supervisor, setting forth the circumstances
necessitating the replacement or repair. The torn, worn, or unserviceable item
shall be presented to the Chief or Police or his designee for inspection and
determination as to whether the item should be replaced or repaired. It shall be
the decision of the Chief of Police or his designee as to whether the item shall
be replaced or repaired.
23.3 Any employee who damages, destroys, or loses any furnished article of uniform
due to carelessness or negligence will replace the article (or at the satisfaction of
the City repair) the article at his own expense, or such cost of replacement shall
be deducted from the employee's pay.
23.4 The employee shall wear the articles of the uniform provided in Section 23.1
only for official City business or as otherwise authorized by the Chief of Police.
23.5 Upon termination of employment for any reason, the employee shall return to
the City all articles of the uniform issued by the City or be required to pay for
such articles prior to receiving his final pay check or have the cost of the items
not turned in deducted from the employee's final pay check.
23.6 The City agrees to provide for the cleaning of uniforms sets (shirts and pants)
per employee per quarter as authorized and funded for within the annual
approved budget.
23.7 The city shall provide for the Detectives and Crime Suppression Unit members
covered by this agreement a clothing allowance of six hundred and fifty dollars
($650.00) per year to be paid as indicated below.
a. An initial payment for the first two quarters in the amount of a $325
clothing allowance shall be paid within fourteen (14) days of the
employee's initial assignment as detective.
39
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
b. Following six months, additional payments of $54.17 will be paid
monthly within the first pay check of each month.
23.8 Any prescription glasses (not sun glasses) contact lenses, false teeth or partial
plates damaged, destroyed or stolen while an officer is acting in the
performance of his official duties for the City, shall be replaced or repaired by
the City, up to a maximum cost of $300.00, provided the damage or loss is not
the result of the employee's negligence.
Such claim for repair or replacement shall be supported by written explanation
as to how the damage /loss occurred and be accompanied by documentation of
the original cost of said item, and shall be subject to provisions pertaining to the
processing of claims as set forth by the Chief of Police.
Wrist Watches damaged/destroyed shall be repaired or replaced up to a value of
$50.00. The same restrictions, requirements and procedures shall be followed
as set forth in the above paragraph.
If the loss is covered by any insurance policy owned by the victim employee,
then the City will be reimbursed for any replacement item in the amount
allowed and paid by the insurance company. The victim employee shall assist
the city in obtaining restitution from any subject, suspect, or party through all
legal processes. Any reimbursement or restitution received by the victim
employee shall be immediately paid to the City.
40
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal ,!
February 12, 2013
ARTICLE 24
MILEAGE ALLOWANCE
24.1 Employees directed by the Chief of Police or his designee to use their private
automobiles for City business, shall be compensated at the I.R.S. Mileage Rate.
41
AGENDA ITEM # 8B
FEBRUARY 25, 20I3 f
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 25
LEGAL SERVICES
25.1 The City agrees to provide at no cost to the employee, the services of an
attorney to defend the employee against any civil actions brought against him
while acting as an agent of the City, in the line of duty and on the City's behalf,
unless such action is bought about by an act of the employee due to his own
violation of Department Rules, Policies, Procedures or Instructions, negligence,
carelessness or the employee acted in bad faith, with malicious purpose, or in a
manner exhibiting wanton and willful disregard for human rights, safety, or
property.
25.2 It is understood and agreed that all employees shall furnish notification in
writing of their intent to file suit in any court of law, to the Public Employer, no
less than ten (10) working days before the actual filing date, provided the
lawsuit affects or is related in any manner with the Public employer.
25.3 Any employee involved in an accident with a vehicle owned by the Public
Employer, and said accident is the result of equipment failure or defect and the
defect was such that a reasonable and prudent person would not have noticed or
become aware of the defect, shall not be held accountable by the Public
Employer or results thereof. Any equipment failure or defect must be reported
at the time of the accident and included in the vehicle defects section of the
report. Neglect by the employee to notify his supervisor of any defect in the
vehicle will make this provision null and void.
42
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013 i
.ARTICLE 26
WAGES
26.1 E€f�etive Oet„be+ 1, 20W The salary ranges within Exhibit A have been retained at the
October 1, 2008/2009 rates.
Employ�ee.
is r eonsidere "year found", 1�eduled "yearr='ound" bass and have
f'eoei..e ...y...:l:,i +....,.
per—ee t (I.!%') lump sum. " ati 11 b +
vsr — c�chiizi'rs —cis v
De mbo 2010 Said bonus shall net count + ,.,1 perm final ak,era, al:
.1 „l.,t;. or have einpleyee pension eontr-ibution d uote . Bonus shall be based—
upon
the e 1 '. al base , as �otv . , — d�49/4G 0—Employees with more
than 6 months service as of the date of ratification of this Agreement by both parties,
and are in a position that is considered "year round" working on a scheduled "year
round" basis, shall receive a one point one eight five percent (1.185 %) cost -of- living
increase adjustment to their annual base salary upon passage and state approval of
amendments to Atlantic Beach Code of Ordinances Part II Chapter 2 Article VI,
Section 4 ("Police Officers' Retirement System "). Effective October 1, 2013,
employees with six (6) months service are in a position that is considered "year round"
working on a scheduled 'year round" basis, and have received an evaluation of "Meets
Requirements" or above shall receive a one percent (1.0 %) increase adjustment to their
annual base salary Effective October 1 2014 employees with six (6) months service of
the date of ratification are in a position that is considered "year round." working on a
schedule "year round" basis, and have received an evaluation of "Meets Requirements ":
or above shall receive a one percent (1,0%) increase adjustment to their annual base
salary.
Notes:
Evaluations: If an employee does not receive at least a "Meets Requirements"
overall evaluation, they shall not receive a pay adjustment and the supervisor may
take action to terminate the employee or the employee may be counseled, placed
in a 90 -day improvement period, and reevaluated in accordance with the City's
performance evaluation program guidelines.
- Minimum Pay: In no case shall an employee's pay be set below the minimum
established for the grade of the employee unless the employee receives less than a
"Meets Requirements" overall evaluation.
Maximum pay. In no case shall an employee receive a pay increase that would
result in the employee's pay exceeding the maximum pay for the grade of the
position to which the employee is assigned,
43
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beacb Package Proposal
February 12, 2013
- Bonuses. Employees of the bargaining unit are eligible to receive a bonus based
upon performance in accordance with the City's performance evaluation program
guidelines.
Applieabili -y. Pay adjustments will only be provided to individuals who are
employees of the City on the date that the Union contract is finally approved by
the City Commission.
- Pay Ranges. The pay grades and salary ranges for classifications within the
bargaining unit are incorporated herein as Exhibit A.
263 The City shall assume the responsibility for certain pension contributions for bargaining
unit members. Effective c "- 'AO7 on the date set forth below, the
bargaining unit members contribution rates wns- f:��- p- �- �-r��v
pefee-nt-(4 ). will be as follows:
1) Effective upon passage and state approval of amendments to Atlantic Beach
Code of Ordinances Part II, Chapter 2, Article VI, Section 4 ( "Police Officers'
Retirement System ") bargaining unit members' contribution rate shall change
frorn 4.815% to 6.00 %.
2} Effective_ October 1 L2013 ba�aining unit members' contribution zate sha[1
change frorn 6.0% to 7.0%.
3) Effective October t 2014 bargaining unit members' contribution rate shall
change from 7.0% to 8.0 %.
26.4 Any Police Officer covered by this Agreement who is assigned by the Chief of Police
to work in the Investigative Division or Crime Suppression Unit as a detective shall
receive pay at a rate ten (10 %) percent above the employee's regular hourly rate of pay.
Such percentage shall not be added to the base pay but shall be in addition to the base
pay and apply to all pay, overtime, compensatory time paid, etc. received by the
officer.
26.5 Any Police Officer or Sergeant covered by this Agreement who is assigned to work as
a Detective in the Investigative Division or the Crime Suppression Unit (CSU) shall
have their title changed to Detective and shall receive an annual clothing allowance of
six hundred fifty dollars ($650.00) in accordance with Article 23.7.
26.6 Any employee covered by this Agreement who is assigned as a Patrol
Investigator /Evidence Technician shall receive pay at a rate of five percent (+5 %)
above their normal pay. Such percentage shall not be added to the base pay but shall be
in addition to the base pay and apply to all pay, overtime, compensatory time paid, etc.
received by the officer.
26.7 Any employee covered by this Agreement who is required by the Chief of Police or his
designee to perform the duties of a Field Training Officer (FTO) shall receive pay at a
rate of ten percent (10 %) above the employee's regular rate of pay while the employee
44
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013 ( ��
�.1
is actually performing the duties of an FTO. Such percentage shall not be added to the
base pay but shall be in addition to the base pay and apply to all pay, overtime,
compensatory time paid, etc. received by the officer.
26.8 Any employee covered by this Agreement who is assigned as a member of the Special
Weapons and Tactics Team (SWAT) shall receive a rate of pay five percent ( +5 %)
above their normal pay while such officers are performing actual SWAT duties, not
including training. Such percentage shall not be added to the base pay but shall be in
addition to the base pay and apply to all pay, overtime, compensatory time paid, etc.
received by the officer.
26.9 Any Employee covered by this Agreement who is temporarily required by the Chief of
Police or his designee to perform the duties of a Sergeant or Lieutenant shall receive
pay at a rate five (5 %) percent above the employee's regular rate of pay, provided that
no other Sergeant or Lieutenant is on duty and that:
a. The duties and responsibilities of the higher classification are assumed in full for
a minimum of four (4) uninterrupted hours; and
b. The assignment is not for the purpose of on-the-job training.
C. If the two (2) conditions set forth are not fully satisfied, the employee will
receive the rate of pay of his regularly assigned classification for each hour worked in
the Sergeant or Lieutenant position. Such percentage shall not be added to the base pay
but shall be in addition to the base pay and apply to all pay, overtime, compensatory
time paid, etc. received by the officer.
26.10 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at
the time the promotion becomes effective, to at least the minimum of their new pay
range or an amount equal to the percentage difference between the current and new
grade midpoints (not to exceed 12 %), whichever is greater.
a. Calculating a Promotional Increase. Since a promotional increase is granted to
recognize the assumption of additional job duties and responsibilities, the size of
the increase is calculated as a function of the size of the promotion, rather than
as a percentage of current salary. The formula used to calculate the promotional
increase is as follows:
New Midpoint - Current Midpoint = Percent Promotion Increase Amount ( % *) Current
Midpoint
Or
An increase to the minimum of the new pay grade, whichever is greater.
45
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
* Not to exceed 12% unless required to bring the employee's salary to the
minimum of the new pay grade.
b. Anniversary Date. Anew anniversary date will be established as the
effective date of promotion.
a. Minimum Pay. Tn no case shall a promoted employee's salary be set below the base
salary of the position to which they were promoted.
26.11 End of Longevity Pay. Effective on the date of ratification of this Agreement, by
both parties, longevity pay will be eliminated as a benefit-, however, employees
receiving lgngevity�ay on such date will have their base pay enhanced within
thirty. (30) calendar days following such date as follows: a prorated amount of
$5.00 per month per each Rear of completed service up to a maximum amount of
$100 per month for twenty (20 )or more completed years of service as of the date
of ratification of this Agreement by both parties.
additional twenty f 1 17 «r loo menth,
. per the City as ows!
When applicable a one time exception to Section 26.1 — Maximum Pay will be
permitted for this base pay enhancement.
8_ - - - -- -- $ 0.00
x:00
p - - -= 15 $-50,00
-6 —_ 20 $75.40
fill
1 -- --
.,
YT
9-1
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal (I 4
February 12, 2013
ARTICLE 27
ALCOHOL AND DRUG TESTING
27.1 Both the City and Union recognize that drug and alcohol abuse is a problem
among our nation's work force. The City and the Association also recognize the
tremendous cost, both in terms of efficiency and in human suffering caused by
needless workplace accidents. Acknowledging the necessity for action, both
parties agree to the promotion of a drug free workplace pursuant to the Florida
Drug -Free Workplace Act (FS112.0455 & FS440.102).
47
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 28
ANTI- DISCRIMINATION
281 In accordance with applicable Federal and State Law, both the City and Union agree
that they will not discriminate on the basis of race, color, creed, national origin, sex,
religion, marital status, age, handicap, or Union membership or non- iembership. The
City and the Association affirm their joint opposition to any discriminatory practice in
connection with employment, promotion, or training; remembering that the public
interest remains the full utilization or employees' skill and ability without regard to
consideration or race, color, creed, national origin, sex, religion, marital status, age,
handicap, or Union membership or non - membership.
28.2 Aniviolation of this Article may be grieved pursuant to Article 10 ogoyer_nina the
grievance rp ocess up to and including Step Three(3) as outlined in Article 10. Under
no circumstances shall Step Four (4) of the i evance process and /or Article ll
governing binding arbitration be allowed. This provision in no wa y restricts an
employee's right to file a complaint or claim according, to City polic or a licable
state or federal law.
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 29
[SAVE FOR FUTURE USE]
51
AGENDA ITEM # 8B
FEBRUARY 25, 2013 ! ��
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 30
AMENDMENTS
30.1 This Agreement contains the complete Agreement between the City and the
Association and no additions, waivers, deletions, changes or amendments shall
be made during the life of the Agreement except by mutual consent in writing of
the parties hereto.
52
AGENDA ITEM # 8B
FEBRUARY 25, 2013 / ;1
City of Atlantic Beach Package Proposal 1 �1
February 12, 2013
ARTICLE 31
SAVINGS CLAUSE
31.1 The Public Employer retains all rights, powers, functions and authority it had
prior to the signing of this contract except as such rights are specifically
relinquished or abridged in this contract.
53
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic t3each Package Proposal L.?
February 12, 2013 I
, � j +
ARTICLE 32
SEVERABILITY
32.1 In the event any Article, Section or Portion of this Agreement should be held
invalid and unenforceable by any court of competent jurisdiction such decision
shall apply to the specific Article, Section or Portion thereof specified in the
court's decision; and upon issuance of such decision, the Public Employer and
the Association agree to immediately negotiate a substitute for the invalidated
Article, Section or Portion thereof.
54
AGENDA ITEM # SB
FEBRUARY 25, 2013
City of Atlantic teach Package Proposal
February 12, 2013
ARTICLE 33
ENTIRE AGREEMENT
33.1 The parties acknowledge that during 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 not removed by law from the
area of collective bargaining and that the understandings and agreements arrived
at by the parties after the exercise of that right and opportunity are set forth in
this Agreement. Therefore, the Public Employer and the Association for the
duration of this Agreement each voluntarily and unqualifiedly waives the right
and each agrees that the other shall not be obligated to bargaining collectively
with respect to any subject or matter not specifically referred to or covered in
this Agreement even though such subjects or matters may not have been within
the knowledge or contemplation of either or both of the parties at the same time
they negotiated or signed this Agreement.
33.2 The parties agree that this Agreement only applies to active employees and
members of the bargaining unit on the date of City Commission approval and
for the life of this Agreement.
55
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
ARTICLE 34
DURATION OF AGREEMENT
This Agreement shall commence and become effective on and
shall continue in full force and effect until midnight on the thirtieth day of September -204-2 2015
or until a successor agreement is ratified. Each party may reopen Article 26, Wages and two (2)
other Articles of their choice in ?-04- 0- a*d- ?{a-]--1- 2013 and 2014.
If either party desires to negotiate a successor agreement, it may do so by giving the other party
written notice to that effect no later than June I" of each year.
FOR THE CITY
FOR THE ASSOCIATION
Jinn Hanson Date Vincent L. Champion
City Manager Date
President, PBA
' e«rge- —re Date
John F. Dickinson
Chief Negotiator
Ratified by Union members on: 1——f
Approved by the City Commission on: 44- 22-1.0
56
AGENDA ITEM # 8B
FEBRUARY 25, 2013
City of Atlantic Beach Package Proposal
February 12, 2013
In addition to the contribution changes set forth in Section 26.3 of this Agreement, amend"
the Atlantic Beach Code of Ordinances Part II Chapter 2 Article VI Division 4 "Police
Officers' Retirement System "), Section 2 -310 as follows
For members hired on or after January 1 2013 the age and service
requirements for voluntary retirement shall be age 55 and 10 years or more
of credited service in force: or the age of 52 and 25 years of credited service
in force.
® For members hired on or after January 1, 2013 there shall be no earl
retirement option.
® For members hired on or after January 1, 2013. the credited service
requirement for separation from City employMent with entitlement to
deferred retirement shall be 10 years, that any member who
attains 10 or more Years of service with the City and elects to leave his or
her accrued contributions in the plan shall be entitled to a benefit under the
provisions as set out in section 2- 310.7(a) UDon attaininia normal retirement
HXV
® For members hired on or after January 1 2013 termination from City
employment prior to satisfying the 10 year requirement for deferred
retirement under section 2 -310.5 shall result in entitlement to a full refund
of his or her accrued contributions plus interest as determined by the board
of trustees.
® For members hired on or after January 1, 2013, subiect to section 2-310.14,
the amount of level straight life pension shall be equal to the retiring
member's credited service multiplied by 2,0% of the retiring member's
final average compensation.
Amend the Atlantic Beach Code of Ordinances Part 11 Chapter 2 Employee Benefits
Article VI, Division 4 ( "Police Officers' Retirement System ") to conform to Chapter
2011 -216, Laws of Florida (Senate Bill 1128).