The URL can be used to link to this page

9-26-16 Agenda PacketInvocation and pledge to the flag Call to order 1. Approval of minutes CITY OF ATLANTIC BEACH CITY COMMISSION MEETING SEPTEMBER 26, 2016 -6:30 PM AGENDA A. Approve minutes ofthe Town Hall meeting of August 27,2016. 2. Courtesy of Floor to Visitors A. Presentation of Congressional Awards by Jackie Smith, representing Congressman Ander Crenshaw. 3. Unfinished Business from Previous Meetings A. LIUNA Local630 "Blue Collar" Union Negotiations 2016-2018 Contract. B. Coastal Florida Police Benevolent Association (PBA) Negotiations 201(). C. Report on applications submitted for the Beautification & Natural Resource Preservation Advisory Committee. 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 Public Works Status Report as of September 14, 2016. B. Authorize the City Manager to sign the attached contracts with ABAA from October 1, 2016 through September 30,2017. C. Approve a salary increase of3% for the City Manager effective 10/1/16. D. Approve a salary increase of3% for the City Clerk effective 10/1/16. 5. Committee Reports None. 6. Action on Resolutions A. Public Hearing on adopting Resolution No. 16-05 for the Millage Rate. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. 7. Action on Ordinances A. Public Hearing and Final Reading on Adoption of Ordinance No. 20-16-140 establishing the Operating Budget for fiscal year 2016/2017. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND 1 ENDING SEPTEMBER 30, 2017. B. Ordinance No. 20-16-141, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR APPROPRIATING ADDITIONAL FUNDS IN THE LEGAL SERVICES DIVISION, AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) A. Mayport Road Community Redevelopment Plan Presentation. 9. City Manager A. 90-Day Calendar (October 2016 through December 2016). 10. Reports and/or requests from City Commissioners and City Attorney Adjournment Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City's website at www.coab.us. 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 5:00PM, Friday, September 23, 2016. 2 AGENDA ITEM lA SEPTEMBER 26, 2016 CITY OF ATLANTIC BEACH TOWN HALL MEETING, SAFE ROUTES TO SCHOOLS AUGUST 27,2016 at 10:00 AM IN ATTENDANCE: Mayor Mitch Reeves Commissioner Jimmy Hill Commissioner Mitch Harding Commissioner John Stinson Commissioner Blythe Waters CALL TO ORDER Mayor Reeves called the meeting to order at 10:01 am. WELCOME STAFF: City Manager Nelson Van Liere Public Works Director Don Jacobovitz Planner Derek Reeves City Clerk Donna Batile Mayor Reeves explained the purpose of this Town Hall Meeting is to discuss the Safe Route to Schools Project. He thanked staff and the citizens for taking time out of their Saturday to attend the meeting. Mayor Reeves stated the Commission needed to make a decision on whether or not to keep the original design plan for the Safe Route to School or change the path before they risk losing the Florida Depmiment of Transportation Grant funding. The project has been ongoing for two to three years. He was unsure how the project preceded thus far without having been acted or moved forward by previous Commissions. He voiced concern regarding the City losing $47,000 to $50,000 if they did not move forward with the project. In order for him to make an informed decision he would like to know how the City came up with that amount. The City is open to citizen suggestions to help them come up with a solution that will benefit the community. After today's meeting he will be placing the project on the September 12, 2016, agenda for action. Before opening the floor to the public, Mayor Reeves explained each citizen would be allowed two minutes to speak. After public comments Public Works Director Don Jacobovitz will give a presentation on the project. After the presentation he will reopen the floor to public comments to allow citizens two minutes to speak on the subject. Mayor Reeves opened the floor to public comments and asked each citizen to come forward and give their name and address for the record. COMMENTS FROM THE PUBLIC Chris Jorgensen, 92 West 3rd Street, was concerned about the City losing the grant money. He suppmied the project as it was originally designed and suggested asking FDOT to provide additional money for other similar projects in the future. Rick Carper, 1810 Selva Grande Drive, explained he has been involved with the project since day one, first as Public Works Director, and now as a resident. He suppmied proceeding with the project as originally designed. He added the original path was chosen after much thought and input from the beginning and it is the best path the City can possibly choose. Town Hall Meeting 1 August 27, 2016 AGENDA ITEM lA SEPTEMBER 26, 2016 E.K. Cottrell, 1656 Park Terrace East, stated he was involved with Friends of Atlantic Beach Elementary (FABE). He supported moving forward with the original design ofthe project because he felt it was the safest and most direct path. Citizens would be upset if the City were to lose this grant funding. Stephen Fouraker, 387 61h Street, explained originally the grant funding was tied to a National Bike Path that would have gone from Seminole Road into the back of Hanna Park; however, residents opposed the bike path at that time. He opposed the original design of the Safe Route to School Project. He felt the design required too much concrete area and there was the potential of losing a lot of large trees. He was unsure how the City would lose $50,000 on the project if the project did not move forward. Chris Anderson, 1679 Seminole Rd, felt the reason Mayor Reeves has not received feedback from residents until recently was because residents were not informed. As a resident and property owner on the east side of Seminole Road he would lose a substantial portion of his front yard landscaping if this project goes though as originally designed. The City previously assured the residents on Seminole Road if they installed landscaping, sprinklers, plants and pavers the City would not open the gate at the end of Seminole Road and would not install the wide sidewalk. He opposed installing the path on the east side of Seminole Road because he felt it was dangerous. Tracy Synan, 2055 Beach Ave, stated she leamed about the project in 2012 from a notice placed at the school. She did not approve of the way the project was initially introduced to the community. She felt there would have been a better response from the community if citizens had received notice from the City regarding the project. The Friends of Atlantic Beach Elementary (F ABE) is strongly in favor of the project because the wider path will be safer for the students. Marlina Vincent, 1130 Seminole Road, supported the project as originally designed to be installed on the east side of Seminole Road. Julie Marchioli Kelly, 414 Sherry Drive, voiced concern regarding losing the right-of-way street parking. She questioned if the sidewalk needed to be 8 feet wide. Elizabeth Neville, 1060 Seminole Road, felt the City needed to work with the citizens to make a decision and move forward with the project so the City would not lose the grant money. Rosalinde Trinnear, 1890 Beachside Court, voiced concem about bicycle safety. She supported the path to be installed on the east side of Seminole Road. Robert Trinnear, 1890 Beachside Court, asked the City to support the original design plan. Kelly Burnett, 330 Tenth Street, stated "for the record" she supported the path to be installed along the east side of Seminole Road down to Sherry Drive. CITY MANAGER COMMENTS Mayor Mitch Reeves called on City Manager Nelson VanLiere to give his thoughts on the project. City Manager Van Liere explained the proposed drawings being presented are the original design plans. These plans have been available over a long period of time. There was an altemate path that was proposed by the citizens that he felt had a lot of merit and should also be considered. Mr. VanLiere stated Public Works Director Don Jacobovitz will present a slide show presentation of the histmy and description of the project. Town Hall Meeting 2 August27, 2016 Mr. Van Liere introduced Planning Director Derek Reeves. AGENDA ITEM 1A SEPTEMBER 26, 2016 Mayor Reeves stated before the presentation he would like to allow Commissioners an opportunity to speak on the project. COMMENTS FROM COMMISSIONERS Commissioner Jimmy Hill thanked evetyone for attending the meeting and engaging in the community process. He felt everyone was in favor of the project in one capacity or another. He hoped all the citizens speaking in favor of the project understood the City has to make a route that is safe. The only opposition to the project that he has heard is in regard to genuine safety concerns which would override the width of the path and create a more hazardous situation. He has heard a lot of opposition to the original design of the path and wanted to make sure the design is correct. He added that the City was going to establish a way to obtain the grant and build the path. He explained prior to becoming a candidate for City Commission one of the reasons he came to a meeting was that the City installed a sidewalk on Sheny Drive which created a disaster that still has not been completely mitigated. The curb cuts in the sidewalk kick the children directly into the lane of vehicular traffic. He came to the City and demanded that they fix it, and they did. He was also concerned about citizens that were not present today who expected him to be the custodian of their funds. He could not in good faith spend money to double the amount of paths in one area of the City when other neighborhoods have no paths at all. If the City could safely use existing concrete and get children safely to school they will tty to do so. Commissioner Mitch Harding appreciated evetyone coming out and being involved. He wanted everyone to know that the Commission is listening to the citizens and they are all genuinely concerned about the safety of children when commuting to and from school. The Commissioners have received numerous emails and telephone calls from citizens on both sides of this project. He felt the project had to have balance so it did not increase the potential for incidents regarding children that did not ride their bicycles to school. He felt the Commission would make the best decision possible for the interest of the children and the community. Commissioner Blythe Waters explained it was her understanding when the project began both staff and the Commission considered students, parents, and families as the invested parties and through the work of the parents, the Parent Teachers Association (PTA) and Friends of Atlantic Beach Elementary (FABE) the path was proposed along Seminole Road. She thought at that point when the 30% design process drawings were completed that notices had been sent out to residents to consider their input. She did not feel there was any intent of malice on behalf of the City to exclude invested patiies from the input of the design process. She added that she recently walked the path and presented a list of items to the Public Works Director that she felt needed to be addressed regarding safety. Commissioner John Stinson explained the funding for the project is based on the City obtaining a grant through the Florida Depatiment of Transpotiation, the funding is not coming from the City's taxpayers. If the City of Atlantic Beach does not take advantage of the grant money another city will. The City has to make a decision before September 26, 2016, or the grant funding will be withdrawn. He felt the design of the path would wind up being a compromise between those who opposed it and those in favor of it, but the City needed to move forward and make a decision on the design. PRESENTATION I PUBLIC WORKS DIRECTOR I DON JACOBOVITZ Public Works Director Don Jacobovitz explained the grant was approved by the Florida Depatiment of Transportation (FDOT) over three years ago on August 23, 2013. Once the grant was approved, the City began a series of numerous public meetings and had many discussions, surveys for the path were Town Hall Meeting 3 August 27,2016 AGENDA ITEM lA SEPTEMBER 26, 2016 completed and the design was created up to 30% plan stage. It was his hope that after the meeting today the Commission will be prepared to make a decision on which path to select. Mr. Jacobovitz presented a slide show titled Atlantic Beach Elementmy Safe Routes to Schools Project. (which is attached and made part of this Official Record as Attachment A) He explained this type of federally authorized program for the Safe Route to School Project has since expired. If the City moves fmward with the project they will be the last City to take advantage of the grant program in Florida. This program will provide a safe route for the children to commute to and from school and he felt the City needed to take advantage of the program. The Jacksonville Transportation Authority (JTA) is the agency funneling the funds to the City and there are other areas in Jacksonville that would like to take advantage of the program. One of the stipulations of the program is that the project must be completely constructed by June 30, 2018. He was confident ifthe City could make a decision in September they could move forward with the design and have the project completed before the June 30, 2018, deadline. The main purpose and desired outcome for the project is to get students to school safely, however, it also encourages others to use the path. The design proposes an eight foot wide concrete path, but based on the program the path could be up to ten feet wide. The project has the support of the Police Department because it will keep the community safer. The original design for the grant request made in August 2013 was for the path to extend to meet the existing path at Seminole Road and Garden Lane all the way to Atlantic Beach Elementmy School. However, after considering the overall length of the project and funding limitations the length of the route was reduced to end at Seventeenth Street. Mr. Jacobovitz explained the pros and cons of both the original design route and the alternate design route as follows: Original Design Pros I East Side of Seminole: • It will minimize the main route street crossings. • The route has already been field verified as having no significant obstacles and requiring minimal tree removal. • The design is already at the 30% level and no survey will be required. Original Design Cons I East Side of Seminole Drive: • The funding limitations dictate construction will stop at 17th Street. (instead of tying into the existing path at Garden Lane which was requested in the initial grant application.) • This requires construction of a new concrete walkway where there is no existing path and sidewalk on the west side of Seminole Road. Alternate Design Pros I West Side of Seminole Drive: • Will be able to use the existing path from Plaza to Selva Marina Drive and replaces the existing 5 foot sidewalk from Selva Marina Drive to 15th Street. • It will reduce the number of driveway crossings because one block is along the south edge of Johansen Park. Town Hall Meeting 4 August 27,2016 Alternate Design Cons I West Side of Seminole Drive: AGENDA ITEM lA SEPTEMBER 26, 2016 • It will require two crossings on Seminole Drive and because of the traffic volume it may require a crossing guard for the crossing at Seminole Drive and Plaza Drive, which will require additional funding. • The crossing at 15th Street is on a curve which may require additional costs. • The students between Plaza and 15th Street do not have easy access to the path if they are coming from the east side. • An additional survey will be required at an estimated expense of $5,250. The next step in the project is to move into the 60% design plan stage. Once the Commission approves a design plan the designers are ready to progress up to the 60% stage. Once the plans are 60% complete, if necessary, the Commission can hold another public hearing for the citizens to review the plans. He welcomed citizens and Commissioners to contact him with any suggestions they have for tweaking the conceptual design. During the first week of August public works employees measured off and marked the path with white spray paint. Some public feedback remarks were that portions of the path were too close to the street. He suggested plants and/or shrubs could be planted in those areas for protection. This will be taken into consideration during the next design stage. Mr. Jacobovitz restated that the City had until September 26th to approve a route. He perceived once the design stage was complete construction would begin in the spring of2017. In conclusion Mr. Jacobovitz stated the Public Works Department recommended approval of the original path that was selected and approved by FDOT. COMMENTS FROM COMMISSIONERS Mayor Mitch Reeves questioned if the project included a motive with the East Coast Greenway to open the Hanna Park Gate. Mr. Jacobovitz replied "no." Mayor Reeves mentioned that it was interesting the principal of the school would not provide the City information regarding where the students were coming from. He thanked School Board Member Scott Shine for providing this information to the City. He pointed out the map showed many students were coming from the east side of Seminole Road. He asked if it were possible if the path could go down Seaspray through the back gate sidewalk to Seminole Road and connect with the Seminole project. Mayor Reeves was concerned about a comment that was made regarding the school not wanting to have a guard at the back gate. He explained that was the opinion of the School Principal not the School Board. He felt it did not make sense to not have a one-way travel lane for vehicular traffic during student drop off and pick up times. The School Board should consider that option because it would be safer for the children. He added that the City is vety generous to Atlantic Beach Elementmy School. The City pays to maintain the landscaping to provide a public park and pays for the public to be allowed to use the track after school hours. He would like the City to consider adding flashing lights at the Seminole Road and 11th Street crossing. He also felt it would be wise to use the $6,000 to revise the route and tie the route into the Seminole Road Project. Mayor Reeves stated he remained confused about how the City would lose $50,000 if they did not move forward with the grant project. Public Works Director Jacobovitz explained that is the approximate Town Hall Meeting 5 August 27,2016 AGENDA ITEM lA SEPTEMBER 26, 2016 amount of money that has been spent to date for the design consultant and for FDOT and JT A to review the proposed project. He added however, if it is failed project, both FDOT and JTA have agreed they would probably not charge the City. Mayor Reeves asked if staff could provide the Commission with a cost breakdown of the project. Mr. Jacobovitz replied he did not have the figures from FDOT or JTA but he could provide the amount the City has spent on the project. Commissioner Waters exited the floor at 11:03 a.m. and returned at 11:05 a.m. Commissioner Stinson explained when he originally heard about the project he reviewed the map and it seemed to make sense to keep the route on the west side of Seminole Road because portions of the existing sidewalk would save money that the City could use somewhere else. He mentioned the upcoming South Seminole Road Project which involved removing underground utilities and installing an eight foot path. He felt if the path went down Seminole Road instead of Sherry Drive and came through the back of the school it would save taxpayers money. Also, since the design was only at the 30% stage the City would be able to overcome some of the safety obstacles such as telephone poles, bollards, sidewalk splits and narrowing of the sidewalk. If the path stayed on the west side of Seminole and connected to the existing path it would force people to cross the street. If the City was going to force people to cross the street lighted crosswalks needed to be considered. If the path is on the east side of Seminole it would allow people the choice of whether or not they want to cross the street. Commissioner Waters stated the citizens she spoke with were more concerned about the environmental impact, loss of greenspace, tree coverage, etc. Through her travels she has recognized that most walkable cities have Ped Paths or sidewalks on both sides of the streets. She felt these paths create a friendly community atmosphere where neighbors passing by speak to and say hello to one another. It would benefit the City to have sidewalks on both sides of the street. One advantage of the path would be to get people back on their bicycles and out walking. The fact that the path allows enough room for bicyclists to pass one another is a safety improvement. She felt other safety concerns could be overcome by narrowing the path in some areas and adding plantings in others. She also felt the principal of the school had valid safety concerns in regards to managing the vehicular traffic from the front of the school. She added raised lighted crosswalks would benefit the City as it moves toward becoming more pedestrian and bicycle friendly. She supported the original design of the project. Commissioner Harding suppmied the project but had some concerns regarding the safety of the children. The student map indicated there were only 2 students living east of Seminole Road between 15th Street and 17th Street and 42 students living west of Seminole Road. That meant the greater proportion of the students would have to cross Seminole Road. He suppmied making the City pedestrian and bicyclist friendly but voiced concern regarding the narrowing of the path in certain areas and the hazards it creates by pushing teenagers and adolescents riding bikes within eight inches of the road. He felt the path needed to be designed in the safest manner possible. He suggested it may be safer to redo the five foot sidewalks on Sherry Drive and make sure they are as far away from the road as possible. He added there will be additional funds in the public safety department's upcoming budget to add more police officers at intersections. He is also an advocate for installing lighted crosswalks. He suppmied the project and utilizing the grant money provided but wanted to ensure the path was correctly designed and that it was the safest route for the children. He suppmied the project helping to get the children from the Royal Palms area off of the side roads and onto a safe protected route to the school. Commissioner Hill questioned if the students living west of Mayport Road went to Atlantic Beach Elementary. Mayor Reeves responded those students attend Neptune Beach Elementary. Commissioner Hill thanked the Public Works Depmiment for spray painting the original design route. He felt many of the obstructions were major and would be very expensive to relocate. One of those obstructions was a 45 foot tall concrete utility pole on Sherry Drive. He questioned if the City wanted to spend the bulk of the Town Hall Meeting 6 August 27, 2016 AGENDA ITEM lA SEPTEMBER 26, 2016 $600,000 grant to relocate these obstacles. He felt it would be better to choose the path of least resistance. His concem was the children living west of the area. The student map was incorrect because it showed his children going to the school and they have since moved on to middle school. He felt the solution would be to connect Plaza to Seaspray on Sailfish and connect Seaspray to the back of the school. He suppmied the design on the west side of Seminole because he felt it made sense for the most people. He added that pmi of the problem was that Seminole Road was like an interstate with a 25 mile per hour speed limit. It was a big decision, even as an adult, to decide where you should cross the street. He would like the City to choose the least resistant route and modify it to add crosswalks and possibly terminate the Selva Marina section because it was at an intersection with a completely blind curve. He questioned who made the rules regarding the City being bound to the design before the accepting the grant. Mayor Reeves asked Commissioner Hill about the process since he was on the Commission when the project began. Commissioner Hill responded the previous Commission approved the concept of receiving a grant for the Safe School Route Project. This Commission was now tasked with considering the design plans and details. The previous Commission he served on did receive some conceptual basic drawings. Mayor Reeves stated he thought there was a design plan regarding the route prior to November 9th. He added the Commission needs to rely on the advice of staff and traffic safety experts. He added that it is time to direct staff to bring the Commission a plan on September 12th to debate and t:ty to bring this project to a conclusion. Commissioner Stinson advised the meeting was due to end in 20 minutes. He suggested the Mayor open the public hearing so Commissioners could listen to the citizens before directing staff to bring forward a design plan for approval on September 12th. Commissioner Waters asked if someone mentioned the path ending at 1 ph Street. Mayor Reeves replied he suggested ending the path at 11th Street, if it is placed on the east side, and adding a crosswalk to cross Seminole to get to the wider path on the west side. Commissioner Hill asked if the Commission would consider the concept of leaving the current sidewalk in place and widening it to the maximum. The right-of-way widens on Seminole more than Sheny. Mayor Reeves stated the Commission is being unfair to staff because each Commissioner wanted a different route. He felt the Commission needed to agree on a route and allow staff to come up with a plan to move forward. Public Works Director Jacobovitz advised the Florida Department of Transportation needed the Commission to make a commitment so the City could move forward with the project. He suggested the Commission consider making intemal decisions and adjustments to the design at a later date. COMMENTS FROM THE PUBLIC Mayor Reeves opened the floor to public comments and asked each citizen to come forward and give their name and address for the record. Chris Jorgensen, 92 West 3rd Street, felt it was unacceptable for the City to have been discussing this project for so long and waiting until the deadline to try to finalize the plans. He suppmied the original design. He thanked Public Works Director Don Jacobovitz for providing excellent presentations. He Town Hall Meeting 7 August 27,2016 AGENDA ITEM lA SEPTEMBER 26, 2016 thanked Commissioner Waters for acknowledging the value of sidewalks installed on both sides of the road. Melinda Goins, 1123 Linkside Ct. W, a physical therapist with the Duval County School Board, stated she treats disabled children that have been disabled by accidents that happen as a result of bad decisions. She explained children in fifth grade and under did not have the developmental capacity to always make good decisions. She felt the project should continue as originally designed and other concerns and sidewalks could be added in the future. Stephen Fouraker, 387 61h Street, thought the Commission has done a great job with the project over the past three years. He liked the idea of the variable design plan and the crosswalks. He thinks the City will make a good decision to move forward with the project. He felt the back opening at the school was a great idea that the School Board and City could work together on. Karen Wong-Cham, 310 Country Club Lane, thanked the Commission for holding the Town Hall Meeting. She agreed with Commissioner Waters' opinion of having sidewalks on both sides of the streets. She felt it would be good for City's future to have a walkable neighborhood. She did not put much weight on the student map due the fluctuation of students moving in and out of the area in the future. She felt flashing lights on the streets may not be best for safety and would slow down the traffic on Seminole Road. Chris Anderson, 1679 Seminole Road, pointed out that Seminole Road is nothing like Plaza because it is curved and has more houses and driveways and was the most dangerous road for the project. He opposed the project. Scott Heath, 1575 East Coast Drive, questioned who he could contact about specifics of the plan because the way it is drawn up the sidewalk is going right in front of the stop sign where East Coast Drive merged into Seminole Road. The way the path is designed now he will have 2 sidewalks in front of his house. Rick Carper, 1810 Selva Grande Drive, stated $50,000.00 is the amount of the last status report before the city put a freeze on the project. He was informed by DOT that the grant guidelines required federal money to be reimbursed if a project was stopped, however that requirement may have changed. He felt Seminole Road was the only road the City had that would accommodate the width of the path. Marlina Vincent, 1130 Seminole Road, stated she currently has an eight foot wide sidewalk in front of her house on the corner of 11th. She felt the Safe Route to School Project will improve the value of the City and make the community more desirable. Also, the traffic on Sherry Drive would be reduced if more families walked or rode bicycles. Lisa Herrold, 659 Sherry Drive, asked how wide the right-of-way was on Plaza. Public Works Director Don Jacobovitz responded he thought the right-of-way on Plaza was about 80 feet, he was not cetiain. The right-of-way on Seminole Road was 100 feet and the right-of-way on Sherry Drive was about 60 feet. Ms. Herrold stated the 60 feet of right-of-way on Sherry Drive had too many obstacles for a wide sidewalk and would be too dangerous for children. The children need to be as far away from the street as possible. Tracy Synan, 2055 Beach Avenue, suppmied sidewalks being installed on both sides of the road to discourage kids from crossing numerous times. She added that studies have shown there are a lower number of pedestrian accidents when sidewalks are on both sides of the road. Town Hall Meeting 8 August 27, 2016 AGENDA ITEM 1A SEPTEMBER 26, 2016 Elizabeth Neville, 1060 Seminole Road, supported moving forward with the project. She mentioned that she has an 8 foot sidewalk in front of her house and she enjoys watching people coming and going. E.K. Cottrell, 1656 Park Terrace East, appreciated the process and understood there have been changes in Commissions since the grant was approved. He supported the original design and felt it was the safest most direct route to the school. Steve Swann, 332 3rd Street, felt the grant was a great opportunity for the City. Even though it is a federal grant, it is still coming out of the taxpayers' pockets. He felt the City should concentrate on the kids west of Seminole Road. He understood the desire for wanting a more walkable and bike friendly city, but added because this is a Safe Route to Schools Grant Program the focus should be on the children. Cindy Anderson, 1770 Park Terrace East, suppotied the original design plan. She understood people were upset because they would lose some of the right-of-way but the right-of-way has always belonged to the City. She felt the City needed to take advantage of the grant and discuss adding more sidewalks west of Seminole in the future. Kelly Burnett, 330 Tenth Street, stated there needed to be a solution for the children bicycling and walking to school using Sherry Drive. She thanked the Commission for taking the time to consider this project. Robert Trinnear, 1890 Beachside Court, supported installing more sidewalks in order to make the City more pedestrian and bicycling friendly. He felt it was safer to have no crosswalks on a busy street. A direct path that did not require crosswalks was the best choice. CLOSING STATEMENTS Mayor Reeves thanked the citizens, on behalf of the City, for attending the meeting and stated the following for the record: At the beginning of taking office this Commission stated they needed to set topics for Town Hall meetings and he felt they have done a good job of doing so. He felt today is a good example of that. We have gotten a lot of good feedback from the community. This is probably the biggest turn out he has ever seen in a Town Hall meeting. He wanted to thank each and evety one present. He asked the citizens to please bear with the Commission while they try to make the best possible decision on this project. He requested all citizens if they have any suggestions to let the Commission know prior to the September 12 meeting. He asked citizens to provide their own suggestions and avoid sending mass emails of support or opposition. Whatever the decision he hopes that everyone will walk away pleased so the City could move on to the next project. He thanked evetyone for taking the time to add their input to this decision. He stated he will be voting based on the facts not on emotions. Commissioner Stinson summarized he felt it was impmiant for the Commission to come to a consensus to let the citizens know they intend to work on a solution and continue with the project. Mayor Reeves made it clear this is not an advertised meeting so the Commission will not be voting today. They will come to a consensus that may change based on communications thus far. Commissioner Waters felt the Commission would be able to move forward with a design for the path. She also felt they needed to give direction to staff that they intended to move forward with the project. Mr. J acobovitz stated the decision for the design of the path needed to be made on September 121h so he can give the design consultant approval to proceed with the 60% design stage. Town Hall Meeting 9 August 27,2016 AGENDA ITEM lA SEPTEMBER 26, 2016 Mayor Reeves advised the consensus of the Commission today should be to direct staff on a design selection for the Commission to approve on September 12t11 • Commissioner Stinson was concerned that if the Commission asked staff to outline a design proposal they would bring back the same proposal has been presented in the past and is being presented today. He felt each Commissioner should take 10 or 15 minutes each to write down their concerns and have the Commission come to a consensus on each concern separately. Commissioner Hill agreed with Commissioner Stinson that it would be a good idea for the Commission to address each concern and come to a consensus on each one separately. He does not want to look at the same plans voted up and down again. Mayor Reeves stated he did was not comfmiable asking Commissioners to write down their concerns and have them voted on one at a time. He felt it would be too time consuming. Commissioner Waters suppotied the proposed path and has given a list of her concerns to Public Works Director Jacobovitz to address. There are very simple solutions that can be addressed during the next design stage. Commissioner Hill stated there were three concrete utility poles and two wooden telephones in the direct line of the path. He would like staff to address those concerns. Commissioner Stinson was concerned that it was getting late and citizens were beginning to leave the meeting. He asked the Mayor to call for a consensus on whether or not the Commission wanted to proceed with the project. Mayor Reeves asked for a consensus to move the project forward. Consensus: TO MOVE THE PROJECT FORWARD Discussion ensued regarding the design of the path. Commissioner Waters felt staff needed a consensus in regards to the direction of the path. She asked Commissioners to consider if; 1) they wanted the path to go on the east side or west side of Seminole nmih of Plaza, or 2) ifthey wanted to use Sherry Drive or an alternate path South of Plaza Drive. Discussion ensued regarding each Commissioner's preference on the direction of the path. Commissioner Waters asked if Commissioners wanted the path to go east or west on nmih Plaza. Consensus: TO HAVE THE PATH GO EAST TO THE NORTH OF PLAZA Commissioner Waters asked if Commissioners preferred the path south of Plaza to go down Sherry or would they prefer to choose an alternate path. Consensus: TO CHOOSE AN ALTERNATE PATH SOUTH OF PLAZA. Commissioner Waters asked Commissioners if they wanted the alternate path to go down Sherry Drive from the five way stop or select a different route. Consensus: Town Hall Meeting FOR THE ALTERNATE PATH TO GO DOWN SHERRY DRIVE FROM THE FIVE-WAY STOP. 10 August 27, 2016 AGENDA ITEM lA SEPTEMBER 26, 2016 Each Commissioner stated what they would like to see in regard to the alternate path south of Plaza and directed staff to change the path based on the consensus of the Commission and forward the design to the September 12 111 meeting for a vote. Mayor Reeves adjourned the meeting at 12:58 pm. ATTEST: Donna L. Bartle, CMC City Clerk Town Hall Meeting 11 Mitchell E. Reeves Mayor/Presiding Officer August 27, 2016 AGENDA ITEM 1A SEPTEMBER 26, 2016 Desired outcomes of the Safe Routes to School Program include: • Increased bicycle, pedestrian, and traffic safety • Encouragement of healthy and active lifestyles • Improved air quality • More children walking • Improved community and bicycling to and from safety schools • Reduced fuel • Decreased traffic congestion • Improved childhood health • Reduced childhood obesity consumption • Increased community security • Enhanced community accessibility Desired outcomes of the Safe Routes to School Program include: (Continued) • Increased community involvement • Improvements to the physical environment that increase the ability to walk and bicycle to and from schools • Increased interest in bicycle and pedestrian accommodations throughout a community • Improved partnerships among schools, local municipalities, parents, and other community groups, including non-profit organizations ATTACHMENT A • • • • 5 "E's" AGENDA ITEM 1A SEPTEMBER 26, 2016 Engineering-Creating operational and physical improvements to the infrastructure surrounding schools that reduce speeds and potential conflicts with motor vehicle traffic, and establish safer and fully accessible crossings, walkways, trails and bikeways. Education-Teaching children about the broad range of transportation choices, instructing them in important lifelong bicycling and walking safety skills, and launching driver safety campaigns in the vicinity of schools. Encouragement-Using events and activities to promote walking and bicycling. Enforcement-Partnering with local law enforcement to ensure traffic laws are obeyed in the vicinity of schools (this includes enforcement of speeds, yielding to pedestrians in crossings, and proper walking and bicycling behaviors), and initiating community enforcement such as crossing guard programs. Evaluation-Monitoring and documenting outcomes and trends through the collection of data, including the collection of data before and after the intervention (s). Safe Routes to Schools Route Options Original Route-East Side Sherry and Seminole-Ahern to 17th St. • Pros: -Minimizes main route crossings of high traffic volume streets (crosses Plaza Drive at a five way Stop controlled intersection) -Route already field verified as having no significant obstacles and requiring minimal tree removal -Design already at 30% level, no additional survey required • Cons: -Funding limitations dictate construction stops at 17th St. (instead of tying into the existing path at Garden Lane that was requested in the initial grant application) -Constructs new concrete walkway where there is no existing path (east side of Seminole, Plaza to 15th St), while there is an existing path and sidewalk on the west side of Seminole ATTACHMENT A CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 3A SEPTEMBER 26, 2016 AGENDA ITEM: LIUNA "Blue Collar" Union Negotiations 2016-2018 Contract SUBMITTED BY: Catherine Berry, Esq., Human Resources Director cJ3 DATE: August 29, 2016 BACKGROUND: The contract that the City of Atlantic Beach entered into with the LIUNA Local 630 "Blue Collar" expires September 30, 2016. The City and Union had three public negotiation meetings and came to an agreement, pending ratification and Commission approval, on a new two-year contract that benefits both the City and the Union members. The key provisions in the contract that have been changed are as follows: BUDGET: RECOMMENDATION: • Deleted language that outlines management rights because these are outlined by law. • Deleted language that duplicated language included in the City Employee Handbook • Deleted language regarding Discharge and Discipline standards and procedures, as these are also listed in the City Employee Handbook • Made changes to the on-call and call-out provisions, which will automatically sunset after one year • Added a provision for payment of an annual lump-sum payment of $250 to employees who obtain a license that benefits the City, at the sole discretion of the Department Head. Included in 2016-2017 City Budget That the City Manager be authorized to sign the attached two-year (20 16-2018) agreement with the Union, contingent upon approval of the budget by the Commission. ATTACHMENTS: City of Atlantic Beach and LIUNA Local630 "Blue Collar" Contract for 2016- 2018. REVIEWED BY CITY MANAGER: ~~~ 1 ,, Table of Contents AGREEMENT ................................................................................................................... A ARTICLE 1-RECOGNITION .......................................................................................... 1 ARTICLE 2-PAYROLL DEDUCTION AND DUES ..................................................... 2 ARTICLE 3 -NO STRIKE PROVISION .......................................................................... 3 ARTICLE 4-MANAGEMENT SECURITY .................................................................... 4 ARTICLE 5 -MANAGEMENT RIGHTS ......................................................................... 5 ARTICLE 6-UNION STEWARDS AND UNION REPRESENTATION ...................... 8 ARTICLE 7-PROBATIONARY EMPLOYEES ........................................................... 10 ARTICLE 8 -DISCHARGE AND DISCIPLINE ............................................................ 11 ARTICLE 9-GRIEVANCE PROCEDURE ................................................................. 122 ARTICLE 10-ARBITRATIONPROCEDURE ............................................................. 15 ARTICLE 11 -HOLIDAYS ............................................................................................. 17 ARTICLE 12-PERSONAL LEAVE HOURS ................................................................ 20 ARTICLE 13 -LEAVES OF ABSENCE WITHOUT PAY ............................................ 23 ARTICLE 14-MILITARY LEAVE ................................................................................ 24 ARTICLE 15-BEREAVEMENT LEAVE ..................................................................... 25 ARTICLE 16 -HOURS OF WORK AND OVERTIME ................................................. 26 ARTICLE 17-INJURY IN THE LINE OF DUTY ......................................................... 30 ARTICLE 18 -INSURANCE AND PENSION ............................................................. 31 ARTICLE 19-SAFETY AND HEALTH ........................................................................ 32 ARTICLE 20 -BULLETIN BOARDS ............................................................................. 33 ARTICLE 21 -UNIFORMS ............................................................................................. 34 ARTICLE 22-MILEAGE ALLOWANCE ..................................................................... 35 ARTICLE 23 -CAREER DEVELOPMENT ................................................................... 36 ARTICLE 24-WAGES ................................................................................................... 38 ARTICLE 25 -ALCOHOL AND DRUG TESTING ....................................................... 42 ARTICLE 26-SENIORITY ............................................................................................ 43 ARTICLE 27-JOB QUALIFICATIONS AND PROMOTIONS ................................... 44 ARTICLE 28-SEVERABILITY ..................................................................................... 46 ARTICLE 29-SAVINGS CLAUSE ............................................................................... 47 ARTICLE 30-ENTIRE AGREEMENT ......................................................................... 48 ARTICLE 31 -DURATION OF AGREEMENT ............................................................. 49 SIGNATURE PAGE ....................................................................................................... 50 Exhibit A (Cu11'ent Pay Scale) ..................................................................... 51 , .. AGREEMENT THIS AGREEMENT is entered into between the City of Atlantic Beach, hereinafter refened to as the Employer, or City, and the Northeast Florida Public Employees', Local 630, LIUNA, AFL-CIO, hereinafter refelTed to as Local 630, Union, or Employee Organization. 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 are and shall be no individual arrangements or agreements covering any part or all of this Agreement contrary to the te1ms provided herein. It is mutually understood and declared to be the public policy of the Employer and the Union to promote harmonious and cooperative relationships between the Employer and the Union and to protect the public by assuring, at all times, the orderly and unintenupted operations and functions of government. Whenever a male pronoun is used in this Agreement it shall be construed to include reference to both sexes. A ARTICLE 1 -RECOGNITION 1.1 Pursuant to and in accordance with all applicable provisions of Part II of Chapter 447, Florida Statutes, the Employer recognizes the Union as the exclusive collective bargaining representative for those Full Time (FT) and Regular Part Time (RPT) employees in the blue-collar bargaining unit, PERC Ce1tification #927, and as provided in the attached Exhibit A 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. The Employer agrees to promptly notify the Union in writing of its intention to create any job classification not specifically listed in Exhibit A which classification might reasonably be expected to be appropriate for inclusion within the bargaining unit. The parties agree to meet and discuss reopening this section to add such classifications to the description above at the request of either party. 1.2 It is fmther understood and agreed that the Business Manager or his designee will be the official spokesman for the Union in any matter between the Union and the Employer, only however on the matters which the Union has authority regarding its membership. The Business Manager shall designate in writing the name of his designee and provide such to the City Human Resource Manager prior to the designee performing any official union activities. 1 'I ARTICLE 2-PAYROLL DEDUCTION AND DUES 2.1 Upon receipt of a written authorization from the employee covered by this Agreement, the Employer will deduct from the employee's pay the amount owed to the Union 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 Employer will submit to the Union the deducted sums within fifteen (15) calendar days. Changes in the Union membership dues and rates will be certified to the Employer in writing over the signature of the Business Manager of the Union and shall be done at least thirty (30) calendar days in advance of the effective date of such change. The union will make a reasonable effmt to notify employees of any increase in dues in advance of such increase being deducted by the Employer. The Employer's remittance will be deemed conect if the Union does not give written notice to the Employer within seven (7) calendar days after remittance is received of its belief and reasons stated therefore that the remittance is inconect. 2.2 The Union will indemnify, defend and hold the Employer harmless against any claim made, and against any suit instituted, against the Employer as the result of any check-off of union dues. 2.3 An employee may revoke his authorization for deduction of dues provided the employee gives thi1ty (30) calendar days written notice to the Employer and the Union. Upon receipt of such notification, the Employer shall tenninate dues on the pay date immediately following the expiration of the thilty (30) calendar day 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 within the Union and not the City, provided that the excess amount deducted was in fact remitted to the Union in the fmm of union dues. 2 ARTICLE 3 -NO STRIKE PROVISION 3.1 The Union and bargaining unit members shall have no right to instigate, promote, sponsor, engage in, or condone any work stoppage, boycott, slow-down, strike, intentional disruption of City operations, or to withhold services for any reason. 3.2 Local 630, its officers, agents, stewards, and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Atticle and the law by remaining at work during any intenuption which may be initiated by others; and including their responsibility, in the event of breach of this A1ticle or the law by other employees, and upon the request of the City, to encourage and direct employees violating this Alticle or the law to retum to work, and to disavow the strike. 3.3 In addition to the penalties set fmth in Section 447.507, Florida Statutes, any and all employees who violate any provision of the law prohibiting strikes or this Alticle may be disciplined, up to and including discharge, by the City. The only question that may be raised in any proceeding (grievance, judicial or otherwise) contesting such action is whether the provision prohibiting work stoppages, boycotts, slow-downs, strikes, intentional disruption of City operations, or the withholding of services was violated by the employee to be discharged or otherwise disciplined. 3.4 The circuit comts of this State shall have jurisdiction to enforce the provisions of this Section by ex parte injunction and contempt proceedings, if necessary. 3 4.1 (a) ARTICLE 4 -MANAGEMENT SECURITY The Union, its representatives, members or any persons acting on their behalf agree that the following "unlawful acts" as defined in Chapter 44 7, Florida Statutes are prohibited; 1) Solicitation ofpublic employees during working hours or 2) Distributing literature during working hours in areas where the work of the public employees is performed. (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 Employer notwithstanding further provisions of this or any other agreement. (c) No employee organization shall directly or indirectly pay any fines or penalties assessed against individuals pursuant to the provisions of this article. 4.2 The Employer and Union 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 Employer and Union 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, creed, religion, national origin, handicap, marital status, age or sex. 4.3 In accordance with Chapter 447, Florida Statutes, employees shall have the right to form, join and participate in or refrain from forming, joining or participating in an employee organization of their own choosing. They shall have the right to be represented by an employee organization of their choosing to negotiate collectively through a certified bargaining agent with the City in the determination of the tenns and conditions of their employment. 4 ARTICLE 5 -MANAGEMENT RIGHTS 5.1 Except as expressly provided for in this Agreement, the Employer retains the sole and exclusive right,;, a. to determine the purpose of each of its constituent agencies, the size and composition of the work force, including the number or composition of employees assigned to any particular operation, shift or tum; b. to set standards of services to be offered to the public, standards of conduct and work of employees, and to establish or change operational or perfmmance standards; c. to exercise control and discretion over its organization and operations; d. to manage its operations and direct the work of the bargaining unit employees, including the rights to decide the number and location of work stations, e. to detetmine the operation of motorized equipment including the number or type of equipment, vehicles, materials, and supplies to be used, operated, or distributed, f. to determine the location, method, means and personnel by which operations are to be conducted, the scope of service to be performed, the methods of service, the schedule of work time; g. to contract and subcontract existing and future work (should the Employer exercise its management right and decide to contract out existing and future bargaining unit work, the Employer agrees to notify the Union of its intent to subcontract no less than thhiy (30) calendar days prior to implementation. The Employer agrees to meet with the Union upon request of the Union; however, such obligation to meet with the Union shall not affect the Employer's right to implement said decision free from any bargaining obligation); h. to determine whether and to what extent the work required in its operations shall be petfmmed by employees covered by this Agreement; 1. to maintain order and efficiency in its work stations and locations; J. to curtail or discontinue temporarily or permanently, in whole or in pati, operations whenever in the opinion of the Employer good business judgment makes such cmiailment or discontinuance advisable; k. to hire, lay-off, assign, transfer, promote, demote and detetmine the qualifications of employees; 5 1. to create new job classifications, expand, reduce, alter, combine, transfer, assign, cease, create and amend job descriptions and to abolish jobs, increase or decrease the number of jobs or employees; m. to determine the assignment of work, and to schedule the hours and days to be worked on each job and each shift; n. to determine the starting and quitting time and the number of hours to be worked, assign and reassign shifts, create, abolish or alter shifts, and rotate shifts; o. to require an employee to take a physical or mental examination, given by a health service, or a physician or psychiatrist selected by the Employer; p. to require employees to work overtime; q. to discipline, suspend, and/or discharge employees for just cause (excluding newly hired probationary employees); and r. to have complete authority to exercise those rights and powers incidental thereto, including the right to make unilateral changes, 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 Employer are not all inclusive but indicate the type of matters or rights which belong to and are inherent to the Employer. 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. The management rights, functions privileges and prerogatives refeiTed to in this Article which the Employer has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance or arbitration procedures, and the Employer has no obligation to bargain over the decision to exercise such rights, functions, prerogatives and privileges, or the effect of such decisions. 5.3 Any and all aspects of wages, hours, and working conditions, which are not specifically covered by this Agreement, may be initiated, instituted, continued or discontinued without notification of or consultation with the Union. The 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. 5.4 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 Department operations and have the approval of the appropriate Department Head. 6 5.5 Whenever it is dete1mined that civil emergency conditions exist, including riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of the Agreement may be suspended by the Mayor or the City Manager during the time of the declared emergency only, provided that wage rates and monetary ftinge benefits shall not be suspended. 5.6 The 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 Employer from exercising the same in some other way not in conflict with the express provisions of this Agreement. 5.7 The exercise of the above-referenced management prerogatives shall not be subject to the grievance or arbitration procedures of this Agreement; provided however, that the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the tetms and conditions of this Agreement. 7 'i ARTICLE 6 -UNION STEWARDS AND UNION REPRESENTATION 6.1 Employees covered by this Agreement will be represented by stewards designated by the Union in the following locations. Location Number of Stewards Public Works 4 The Union may appoint one of the above stewards as a Roving Steward. When additional pe1manent work locations are created with more than five (5) union eligible employees, the Employer and the Union will meet at the request of either party for the purpose of mutually determining the stewardship needs of the Union. 6.2 A written list of union stewards shall be fumished to the Human Resource Manager prior to the effective date of their assuming duties of office. Union stewards will not perfmm any grievance work until such notification is received by the Employer. 6.3 The Business Manager or the President of the Union, may, with prior authorization by the City Manager or appropriate Department Head, be admitted to the property of the Employer. Union officials, as designated above, shall be able to talk with employees before or after regular working hours or during the lunch period of said employees on Employer prope1ty in areas mutually agreed upon by the Union and the Employer to discuss union business, including but not limited to, grievances. 6.4 The following sections outline the duties and responsibilities of stewards recognized union representatives. In those cases which cannot be resolved otherwise, designated union stewards shall be granted reasonable time off, without loss of pay, to settle grievances. Work loss must be minimized. The steward must advise his supervisor of the requirement of such time and secure permission. Such permission will not be umeasonably withheld. Union stewards shall no1mally settle grievances on the job site that is within their designated jurisdiction. If there is a previous conflict between the designated union steward and the area supervisor that may interfere with the settlement of the grievance, the Union may request, in writing, that the City allow for the union steward from another area represent the member. This exception must be mutually agreed upon in advance by the City and the Union. Files of the employee as authorized by Chapter 119 of the Florida Statutes, or exempt files as authorized by the employee (in writing), shall be open for investigation by the steward when settling grievances. Union stewards shall not conduct any grievance work on premium time ( oveliime) except in emergency situations occmTing during such premium hours that involve suspension or discharge. Supervisor permission shall be given 8 'I orally to the union steward provided that said oral authorization insures adequate controls of the steward's time; otherwise written permission shall be required. If it becomes necessary for a union steward to receive written permission, the department will provide a fmm that will be used for this purpose. Upon retuming to his work assignment, the steward shall repmt to his immediate supervisor, unless prior consent not to do so has been secured. 6.5 Union stewards shall be employees as designated by the Union, and shall be members of the bargaining tmit. 6.6 Union representatives, while on public property and functioning as stewards, are subject to the same rules of the Employer as all other public employees, except as specifically provided in this Agreement. 6.7 No employee shall function as a union steward while on leave of absence, without mutual consent of the Union and the Employer. 6.8 When it becomes necessary for a union steward to enter a division or area other than his own for the purpose of conducting union business authorized by this Agreement, he will secure pe1mission for his presence from the supervisor of that area or division or activity and notify the supervisor of the general nature of his business. 6.9 Nothing is this Agreement shall be construed to prevent any employee from presenting, at any time, his own grievances to the Employer, in person or by legal counsel, and having such grievances adjusted without the intervention of the bargaining agent if the adjustment is not inconsistent with the tetms of the Agreement when in effect, and if the bargaining agent or his designee has been given reasonable oppmtunity to be present at any meeting called for the resolution of such grievance. 6.10 Employees of the designated bargaining unit shall have the right to join the Union, to engage in lawful concerted activities for the purpose of collective bargaining or other mutual aid and protection, and to express or communicate any view, grievance, complaint or opinion, within the bounds of good taste related to the conditions or compensation of public employment or it bette1ment, all free from any restraint, coercion, discrimination, or reprisal. There shall be no restraint, discrimination, intimidation, or reprisal against any employee because of that employee's membership or lack of membership in the Union or by virtue of his holding office or not holding office in the Union. This provision shall be applied to all employees by the Employer and the Union. 6.11 All stewards have productive work to perfmm as assigned by the Employer. The pruties agree that each will cooperate with the other in reducing to a minimum the actual time spent by union representatives in investigating, presenting, and adjusting grievances or disputes. 9 ARTICLE 7-PROBATIONARY EMPLOYEES 7. 1 All employees shall be classified as probationary employees for the first six ( 6) months of continuous uninterrupted employment. The probationary period shall apply for all employees in a new job classification (new employee or an employee who has been transferred, promoted or demoted). The Department Head has the discretion to extend the probationary period an additional six (6) months. 7.2 Except in the case of a transfer or promotion to a new position which is set forth below, at any time during the probationary period the Employer may decide to tenninate a probationary employee with or without cause. Such decision to terminate shall not be subject to the grievance or arbitration procedures of this collective bargaining Agreement. 7.3 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 (1) employee is hired on the same day, seniority shall be determined by the day (1 -31) of bilih, with the employee with the lowest numeric day of birth having the most seniority. 7.4 Employees who are subject to a probationmy period because of a transfer or promotiol} to a new Union position shall be returned to the position they held prior to the transfer or promotion with pay constructively adjusted per Article 26 should management detennine that the employee is not successfully completing the probationary period. However, nothing shall prevent the Employer from dischm·ging, suspending or otherwise disciplining, the transfened or promoted employee during the probationary period for just cause. Further, should the transferred or promoted employee be returned to his former position for failing to satisfactorily complete the probationary period, the Employer shall have the right to terminate the individual who filled the transfe1red or promoted employee's f01mer position. If the original position of the transfened or promoted employee resulted in a promotion for another union employee, that employee would be reverted back to his original position with pay constructively adjusted per A1iicle 24. The new employee hired to fill that open position (i.e. the lowest level position in this process) would then be terminated. In most cases, this would be a new employee. Such te1mination shall not be subject to the grievance or arbitration provisions of this Agreement. This policy is only applicable to transfers or promotions within the LIUNA bargaining unit. 10 ARTICLE 8-DISCHARGE AND DISCIPLINE 8.1 The Employer shall not discharge, suspend or otherwise discipline employees except for just cause, and in no event until the employee has been furnished with a written statement of the charges and the reason or reasons for such action. Any dispute over suspension, discharge, or other disciplinary action may be submitted to the grievance procedure as set forth in Article 8 (See Article 7 for exception). The Employer shall consider, among other things, the seriousness and frequency of offenses when determining the appropriate discipline, which may include a waming, suspension or immediate discharge. Employees are not entitled to a patiicular number of wamings prior to the imposition of discipline, including discharge. 11 ARTICLE 9-GRIEVANCE PROCEDURE 9.1 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 pa1ties arising from an alleged violation of specific terms of the Agreement as provided in this Article. 9.2 For the purpose of this Agreement, a grievance is defined as a claim or complaint that an employee or group of employees may have that the Employer has violated a specific provision of this Agreement, provided such specific provision is subject to the grievance and arbitration procedures of this Agreement. Discipline, or other employment actions, of newly hired probationary employees, up to and including discharge, is not subject to the grievance procedure. No employee, or other person or entity, may file a grievance concerning the discipline, including discharge, or other employment action taken against any new hire probationary employee, and the City is not required to consider, respond to, or act upon any such grievance. 9.3 Grievances may be taken up during the working time of the grievant upon mutual agreement between the Employer and the Union. 9.4 All grievances must be reduced to writing and must contain the following information (fmm located on the City's 0-Drive): (a) The specific A1ticle and Section of the Agreement alleged to have been violated by the Employer; (b) A full statement of the grievance, giving a complete 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 and date signed; and, (d) Designation of the union steward or business agent if the grievant requests union representation. 9.5 All grievances shall be processed in accordance with the following procedure: Step 1 -The grievant shall present his grievance, in written fo1m (in compliance with Section 9.4), to his immediate supervisor within ten (10) working days of receipt of a 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 off the grievant shall have ten (1 0) working days upon retum to his job to 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 12 and justice for both the grievant and the Employer. The immediate supervisor shall orally communicate a decision to the grievant within ten (10) working days from the date the grievance was orally presented to him. Step 2 (Written) -If the grievance is not settled at the first step, the grievant within ten (1 0) working days of receipt of the immediate supervisor's Step 1 response, shall present the grievance in written form (in compliance with Section 9.4) to the supervisor of the individual that provided the Step 1 response, nonnally the Division Director, with a copy to the Department Head. The appropriate supervisor shall investigate the alleged grievance and shall within ten (10) working days ofreceipt of the written grievance conduct a meeting with the grievant and the union steward and/or Business Manager if the grievant requests union representation. The appropriate supervisor shall notify the grievant, in writing, of his decision no later than ten (1 0) working days following the meeting date. Note: If the Department Head is the supervisor at the Step 1 grievance or the next supervisor after the verbal Step 1 grievance reply, the grievance shall be submitted directly to the Department Head as a Step 3 grievance. If there are additional supervisors, the grievance shall be submitted to them utilizing Step 2 grievance procedures, as necessary, until the grievance reaches Step 3, i.e., the Department Head. Step 3 -If the grievance is not settled at the second step, the grievant, within ten (1 0) working days of receipt of the Step 2 response, shall present the grievance in writing and in compliance with Section 9 .4, to the appropriate Depmiment Head with a copy to the City Manager. The appropriate Depmiment Head, or designee, shall investigate the alleged grievance and shall within ten (1 0) working days of receipt of the written grievance conduct a meeting with the grievant and the union stewal'd and/or Business Manager if the grievant requests union representation. The appropriate Depmiment Head, or designee, shall notify the grievant, in writing, of his decision no later than ten (10) working days following the meeting date. Step 4-If the grievance is not settled at the third step, the grievant within ten (10) working days from receipt of the Step 3 decision, shall present the written grievance to the City Manager. The City Manager, or designee, shall investigate the alleged grievance and may within ten (10) working days of receipt of the written grievance conduct a meeting with Employer representatives, the grievant and the union steward and/or Business Manager if the grievant requests union 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 after the meeting with the representatives and/or grievant. Step 5 -Arbitration -If a grievance, as defined in this Atiicle, has not been satisfactorily resolved within the grievance procedure, the Union may request 13 arbitration in writing to the Office of the City Manager no later than ten (1 0) working days after the response is received from Step 4 of the grievance procedure. 9.6 It is the mutual desire of the Employer and the Union 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 includes Monday through Friday of each work week regardless of the grievant's work schedule. Saturdays, Sundays, and holidays as set forth in this Agreement shall not be considered "work days" even if work is assigned on these days. 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 Union in the case of Step 5) to advance the grievance to the next step. Failure of the grievant (or the Union in the case of Step 5) to observe the time limits for any steps in this Article without a mutually agreed written extension of time shall terminate the grievance. 14 ARTICLE 10-ARBITRATION PROCEDURE 10.1 Whenever the Union requests arbitration in accordance with the provisions of the Grievance Article, the pmties shall within five (5) working days following appeal to m·bitration 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 of Arbitrators. Arbitrators shall be selected from such panel by alternately striking names from this list (the Union shall make the first strike) until the last name on the list is reached. 10.2 The limitations on 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 ofthis 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) The Arbitrator shall have no power to arbitrate any matter after this Agreement has expired, unless the event giving rise to the grievance occurr-ed prior to the termination of this Agreement and a written grievance was submitted within fifteen (15) working days after the expiration of this Agreement and has been timely processed. (e) 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, pmticipated 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 fmds that the employee has not committed, pmticipated in, or was not responsible for, the act of misconduct for which he has been disciplined, 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. 10.3 There shall be no appeal from the Arbitrator's decision; it shall be final and binding on the Union and on all bargaining unit employees and on the 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 Employer, as provided by Florida law, shall not be usurped in any matter. 15 10.4 The cost of the Arbitrator's services shall be divided equally between the Employer and the Union. 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. The cost of a comt rep01ter or/and other costs and fees, if requested by the Arbitrator, shall be divided equally between the Employer and Union. Other requests from the Employer and/or Union shall be paid by the requesting party; however, if either pmty requests transcripts, copies of such shall be provided to the other party per the Florida Public Records Act (FS-119). 10.5 The commencing of legal proceedings against the City or any managerial employee of the City in a court of law or equity or before the Public Employees Relations Commission, the City's grievance procedure, or any other administrative agency by an employee, or group of employees, for alleged violations of the express te1ms of the Agreement shall be deemed a waiver to resmt to the grievance or arbitration procedures contained herein for resolution of the alleged violation of the terms of this Agreement. Additionally, the commencing of legal proceedings against the Union in a comt of law or equity or before the Public Employees Relations Commission, or any other administrative agency, by the City or any of its managerial employees for alleged violations of the expressed te1ms of this Agreement shall be deemed a waiver by such employee or the City of the ability to resmt to the grievance or arbitration procedures contained herein for resolution of the alleged violation of the te1ms of this Agreement. Likewise, the utilization of the Grievance or Arbitration procedures in this Agreement for the resolution of alleged violations of this Agreement shall constitute a waiver of any rights the party who initiated the grievance may have to review by the Public Employees Relations Commission, the City's grievance procedure, or any other administrative agency. 10.6 Prior to initiating judicial review by any court for any alleged violation of this Agreement, the grievance procedure of this Agreement must be completely exhausted. 10.7 Discipline or other employment actions of newly hired probationary employees, up to and including discharge, is not subject to the grievance procedure and; therefore, such actions cannot be submitted to arbitration. 16 ARTICLE 11 -HOLIDAYS 11.1 The following are recognized as holidays under the terms of this Agreement. New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve Christmas Day Any day that the City Commission may designate For employees that work a Monday through Friday: January 1st 3rd Monday in January 3rd Monday in February Last Monday in May July 4th 1st Monday in September November 11th 4th Thursday inN ovcmber Friday after Thanksgiving December 24th December 25th Whenever a holiday falls on Saturday, it shall be observed on the preceding Friday. When a holiday falls on Sunday, the following Monday will be observed as the holiday. Christmas: 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 on a Monday, Christmas shall be observed on Monday, with Christmas Eve observed on the preceding Friday. For employees that work shifts other than Monday through Friday: Holidays shall be observed on the actual date that they occur. Note: Full Time employees shall be entitled to a maximum of eight (8) hours per holiday (88 hours per year) of holiday leave and/or holiday pay. 11.2 Whenever an observed holiday occurs on an employee's scheduled day off, the Employer shall provide the employee with 8 hours of compensatory time at the straight time or compensate him with 8 hours at straight time rate in order to equalize the observed legal holidays in Section 11.1. Regular Prut Time (RPT) employee hours will be prorated based upon work hours funded within the 17 approved budget. 11.3 Working a Holiday Regular Full Time Employees. Nonexempt employees who work on the observed holiday, per Aliicle 11.1, shall receive: -eight hours of pay for the Holiday plus, at the employer's discretion: their normal rate of pay for each hour worked on the holiday, or compensatory time, hour-for-hour, for each hour worked during the holiday, or any combination of pay and/or compensatory time which results in the employee receiving 8 hours of Holiday pay plus straight time for all hours worked on the observed holiday. Regular Part Time (RPT) Employees. Hours of pay for the Holiday prorated based upon the number of hours funded to work within the approved budget, plus, at the employer's discretion: their normal rate of pay for each hour worked on the holiday, or compensatory time, hour-for-hour, for each hour worked during the holiday, or any combination of pay and/or compensatory time which results in the employee receiving prorated hours of Holiday pay plus straight time for all hours worked on the observed holiday. Temporary and Pmi Time Employees who do not receive Holidays Temporary or Part Time employees that work a holiday shall receive pay at time-and-one-half their regular hourly rate of pay for hours worked on the observed holiday. In no case shall the employee receive, in either pay or time off, an amount in excess of double time for eight holiday hours. Exception to above. Hours worked per week that exceed 40 will be paid at the time-and-a-half rate. 11.4 In order to be eligible for holiday pay or compensatory time the employee must have worked the last scheduled working day immediately prior to the observed 18 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 appropriate Department Head. 11.5 Employees who have been assigned holiday work and fail to report for and perfmm such work without reasonable cause shall not receive pay or compensatory time for the holiday. 11.6 Employees who are on an unpaid leave of absence, layoff, or in a non-pay status on the day on which a holiday is observed shall not receive pay or compensatory time for the holiday. 11.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the date the holiday is observed (as set forth in Section 11.1) and continue for twenty-four (24) uninterrupted hours. 11.8 The accmal and pay-out of compensatory time under this Section shall be govemed by the provisions of Article 16. 19 ARTICLE 12 -PERSONAL LEAVE HOURS 12.1 (a) The "Personal Leave Hours" concept is an advancement fi·om the traditional vacation and sick leave system. Personal leave hours are not to be considered compensation for services rendered. All bargaining unit employees may be absent from work and still receive regular wages provided the employee has a Personal Leave or Compensatory Time balance, and follows the procedures set forth in this Article and receives prior approval from the employee's supervisor, or the appropriate Department Head or his designee. (b) When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify their supervisor, or if he is unavailable the appropriate Department Head of the nature of the illness or emergency as early as reasonably possible and no later than one (1) hour after stmiing time each day the employee intends to be absent, that the employee is unable to repmi to work because of illness or other emergency; however, employees on shift work must notify the supervisor or if he is unavailable the appropriate Depruiment Head no later than one ( 1) hour before shift starting time. Except as stated above when an employee is planning to use seventeen (17) hours or more of Personal Leave Hours he must submit his request to take leave in writing to the appropriate Department Head or his designee at least five (5) calendar days prior to the first day of the intended absence. When an employee is planning to use less than 17 hours of Personal Leave Hours he must submit such request at least forty-eight ( 48) hours prior to the first day of the intended absence. The appropriate Department Head or his designee shall respond to the request as soon as possible after receipt of the request. Personal Leave may be taken in increments of fifteen ( 15) minutes or more. Approval of leave may be suspended if in the discretion of the appropriate Department Head such leave would pose a manpower shmiage which would have an adverse effect on the operation of the Depmiment, or if the notification requirements set forth in this Article are not followed. (c) Effective on the date of ratification of the Agreement by both pmiies, 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 accmed personal leave for all hours that exceed the new maximum accrual limit of 680 hours. Thereafter, the maximum number of personal leave hours which may be accmed and cruTied forward to the following fiscal yeru· is 680 hours. 20 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 fmfeiture on October 1 of each fiscal year of any time that 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, the City Manager 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. (d) For Personal Leave used for illness, the Employer always retains the right to require medical documentation of the illness. (e) No Personal Leave Hours may accumulate to an employee who is in a non- pay status, utilizing donated leave or on any leave of absence. Employees that have 40 hours or more of time without pay during a pay period will not be eligible to accrue personal leave for that pay period. (f) Subject to the restrictions contained in this Agreement, Personal Leave Hours shall accumulate during each pay period and shall be credited to the employee at the end of the pay period. (g) Eligible employees who resign with at least two (2) weeks prior written notice to the City Manager, are laid off, retire, or whose employment has not been involuntarily terminated shall be compensated as follows: 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 at 100% of the personal leave hours accrued (up to a maximum of 680 hours); employees hired by the City before October 1, 2012, with less than ten (1 0) years of completed service on the date their employment ends shall be paid 50% of personal leave hours accrued (up to a maximum of 680 hours); and, employees hired by the City on or after October 1, 2012, shall be paid out 50% of personal leave hours accrued (up to a maximum of680 hours). (h) The accrual rate of Personal Leave Hours shall be determined as follows: Beginning Thru Hours per Total Annual Year Year 12ay 12eriod Hours First Year 4.62 120 1 3 5.54 144 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 21 Personal Leave time shall accumulate during each pay period and shall be credited to the employee at the end of each pay period. 12.2 The pmiies agree to reopen this Article relating to the use of accrued Annual Leave credits to fund the Defened Compensation plan, for negotiation in 2017. 22 '' ARTICLE 13-LEAVES OF ABSENCE WITHOUT PAY 13.1 Leaves of absence without pay, unless mandated by Federal or State law, may, in the sole discretion of the City Manager, be granted when annual leave has been exhausted. 13.2 All leaves, with or without pay, should be requested by the employee in writing and should be approved in writing before becoming effective. 13.3 An employee1s starting date will be adjusted for leaves of absence without pay in accordance with state and federal statutes and local ordinances. 23 ARTICLE 14-MILITARY LEAVE 14.1 The Employer will grant employees leaves of absence for military duties as dictated by the requirements of state and federal laws. 14.2 Employees requesting military leave are responsible for notifying the appropriate Department Head as soon as possible of the dates for the militmy leave and to provide an official set of orders, or other documentation of the training, as soon as practicable. 14.3 An employee will not be paid for Military Leave until an official set of orders or appropriate documentation has been received. 24 ARTICLE 15-BEREAVEMENT LEAVE 15.1 Employees covered by this agreement may be granted, upon approval of the appropriate Depatiment Head, time off with pay not to exceed three (3) 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. 15.2 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, grandchildren and any other member of kinship who may be residing under the same roof with an employee during the time of death. 15.3 Funeral leave or bereavement leave shall be leave with full pay and benefits and shall not be charged to personal leave days. 15.4 The employee may be required to provide the appropriate Department Head with verification of death before compensation is approved. 15.5 Employees will be allowed to utilize f01iy ( 40) hours of personal leave to extend bereavement leave. 25 ARTICLE 16-HOURS OF WORK AND OVERTIME 16.1 The purpose of this Article is to define hours of work but nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours to be worked per day, days per week, or for any other period of time, except as may be specifically provided herein. 16.2 Unless changed by the City, forty (40) hours shall constitute a normal workweek for an employee covered by this Agreement, except as hereinafter provided. Nothing herein shall guarantee an employee payment for a forty (40) hour work period unless the employee actually worked a fo1ty ( 40) hour workweek or his actual hours worked and his authorized compensated leave totals fmiy ( 40) hours. For the purpose of this Agreement, authorized compensated leave shall mean holidays on which the employee is excused from work, authorized compensatory time taken, bereavement leave, jury duty, and any other leave paid for and authorized by the City. Ove1iime will be compensated at time and one-half (1-1/2) for all hours worked in excess of fmiy ( 40) hours within any seven (7) consecutive calendar day City established work period (Exception: See Ali 16.13). Compensation for overtime hours worked shall be paid to the employee during the same pay period in which it is worked, providing the paperwork is delivered to the appropriate payroll office in a timely manner to process for that pay period. 16.3 The City shall have the discretion to compensate for ove1iime hours worked in the form of cash or compensatory time. Should the City decide to compensate the employee in the form of cash, the employee shall be paid at the straight time rate for all hours worked over the employee's normal schedule in a work week that are less than 40 and at the rate of one and one-half (1 'li) the employee's regular rate of pay for each ove1iime hour worked in a work week that exceeds forty. Should the City decide to compensate the employee in the form of compensatory time, the employee shall be credited at the straight time rate for all hours worked over the employee's normal schedule in a work week that are less than 40 and at the rate of one and one-half (1 'li) hour of compensatory time for each ove1iime hour worked in a work week that exceeds fmiy. 16.4 Employees shall not be able to accumulate more than fifty (50) hours of compensatory time. Once the cap is reached compensation will be in the form of cash payment only. 16.5 An employee who has accrued compensatory time will be permitted to use the time off within a reasonable period after making a request to use same, provided it does not unduly disrupt the operations of the City. Requests to use compensatory time must be made in writing to the employee's supervisor. 26 16.6 At any time the City, in its sole discretion, may determine to substitute cash, in whole or in part, for compensatory time. 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. Employees shall not be paid for any compensatory time unless their balance exceeds one hour. 16.7 Should an employee voluntarily switch shifts with another employee for the employee's convenience, no overtime compensation will be payable and the hours the employee worked as a substitute shall be excluded by the City in the calculation of the hours for which the employee is entitled to overtime compensation. All such shift trading must be approved by the immediate supervisors prior to the trade and the period during which time is traded and paid back must not exceed twelve (12) months. Hours worked by the volunteer substitute employee will be paid to the employee that was regularly scheduled to work and not to the volunteer substitute employee. The volunteer substitute employee must make anangements with the employee he is replacing for any compensation. 16.8 Nothing in this Atticle shall require payment for ovetiime hours not worked, except as provided herein. 16.9 All employees shall be required to repmt to work on time, shall not leave the job early, shall be prompt in reporting to their assigned duties, and shall faithfully perform their duties. 16.10 Employees covered by this Agreement shall be given forty-eight ( 48) hours notice of any change in their regular hours of work, unless an unscheduled absence by another employee or circumstances necessitate a quicker change. 16.11 The appropriate Department Head is authorized to schedule employees on a "task basis". 16.12 There will be no duplication of premium payments and no claims that provide for "ove1time on overtime or compensatory time, i.e., no pyramiding of oveliime". 16.13 An employee who has left his normal place of work and who is "called-back" for ove1time work shall receive a minimum payment of three (3) hours at time and one-half (1 Yz) the employee's regular rate of pay or the actual hours worked at time and one-half (1 Yz), whichever is greater. This provision will automatically sunset on September 30, 2017, and will revert back to two (2) hours minimum. Employees shall be compensated for additional call backs as provided herein if the employee has completed the call back assignment and has left his place of work prior to receiving another call back. Employees shall not receive ove1time pay on ovettime pay for additional call-backs that occur within the two (2) hour period of a previous call-back, that is, there will be no ovetiime on ovettime. Preananged ovettime shall not constitute a "call back". This Section shall not 27 apply if hours worked as a result of a call back extend into the start of the employee's regular work period. Employee's who report to work for scheduled overtime shall receive a minimum payment oftwo (2) hours at one and one-half(1-1/2) times her/her regular rate. 16.14 Upon proof of attending court pursuant to subpoena or other court order involving a job-related case, not as a plaintiff in litigation against the City, an off-duty employee will receive pay equal to one and one-half (11h) times the employee's regular straight time hourly rate of pay for the hours he attends court. Provided, that such employee shall receive a minimum of two (2) hours pay at the rate of one and one-half (11h) the employee's regular straight time hourly rate for such attendance. The City reserves the right to institute any procedure or system it deems appropriate to measure, record, and/or verify attendance and duration of off-duty court appearance. In the event any employee claims time not actually spent in off-duty court appearance, he may be discharged or disciplined. The employee will sign over all subpoena and witness fees that exceed twenty dollars ($20.00), excluding travel reimbursement, unless City transportation is furnished in which case such travel reimbursement should not be requested or accepted or if received will be signed over to the City. 16.15 No employee shall authorize overtime for himself but shall be entitled to work ovetiime as assigned or authorized by the appropriate Department Head. It is understood that the City has the right to schedule ovetiime work as needed, and in a manner most advantageous to the City. 16.16 Overtime hours shall be distributed as nearly equal as possible among employees as long as such sharing will not delay or increase the cost of the City's operations. 16.17 Employees required to be accessible by telephone and not performing actual work, but in readiness to perfmm work when the need arises, shall be considered to be on standby. If the employee performs actual work during the standby period, the employee shall be considered to have received a call-out, and shall be paid in accord with Atiicle 17.13. Any employee designated by the Employer to be on standby duty shall receive, in addition to his regular pay, and additional $17.86 or each full day the employee is required to be available on standby duty. This provision will automatically sunset on September 30, 2017, and will revert back to $1 00/full week of on-call duty. To be eligible for standby compensation, the employee must meet the following criteria; (a) The employee must respond by phone within twenty (20) minutes of receiving page. (b) The employee must arrive at job site within one (1) hour of returning page by phone to the Employer. 28 (c) Employees that take personal leave during the standby period must be available for call-back and able to respond within the above time frames. (d) Employees who are called by their supervisor, but not required to respond, will receive one hour straight time pay. This provision will automatically sunset on September 30, 2017. 16.18 An employee who has worked sixteen (16) hours or more in a twenty-four (24) hour period, or eight (8) hours or more overtime in the sixteen (16) hour period immediately preceding his/her normal workday shall upon release, be entitled to an eight (8) hour rest period before he/she returns to work. If the employee is called back to work without completing his/her eight (8) hour rest period, he/she shall be compensated at the overtime rate of one and one-half (1 Yz) times his/her regular rate of pay for all hours worked, commencing from the time he/she repmts back to work and ending when he/she is released for an eight (8) hour rest period. 16.19 All employees shall be provided with at least a one-half (Yz) hour lunch break which shall be the employee's own time. If the employee is required to work their lunch break, the employee shall be compensated as provided within this Atticle. Employees shall be provided with two (2) fifteen (15) minute break periods with pay. The first break shall be taken within the first four ( 4) hours of work and the second during the last four ( 4) hour period of work. Break periods must be utilized during the appropriate period or they are "lost". They may not be accumulated to allow for early depmture or the modifications in an employee's work schedule. 16.20 Except for outside workers, smoking is limited to official break periods or during the employee's lunch period. 29 ARTICLE 17-INJURY IN THE LINE OF DUTY 17.1 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 Employer, shall, in addition to the benefits payable under the Workers' Compensation law of the State of Florida, be entitled to the same Workers' Compensation benefits as provided to other City employees. 30 ARTICLE 18-INSURANCE AND PENSION 18.1 The City agrees to continue to provide employees with a group term life insurance policy. The City agrees to pay the premiums for the employees' coverage for such insurance. 18.2 The City agrees to provide employees with the same basic group health insurance program as offered to other City employees. The City agrees to pay the same amount of premium for the same insurance coverage, including dependent coverage, for bargaining unit employees as it does for other City employees. 18.3 All hired on or after September 1, 2008 will participate in a Defined Contribution Retirement Plan. The City will match contributions made by individual employees up to six (6) percent of their compensation during the first ten (10) years of service. After ten (1 0) years of service, the City will contribute an additional four (4) percent of the employee's compensation. Matching is not required for the additional four (4) percent contribution. Employees will be vested at five (5) years of service for the City's contributions to the Defined Contribution Retirement Plan. As used in Section 18.3, the term compensation refers to base salary or base wages, as well as salary or wages received while absent from work on account of vacation, holiday, or illness. The te1m compensation does not include overtime compensation. 31 ARTICLE 19 -SAFETY AND HEALTH 19.1 The Employer and the Union agree that they will confonn to all laws relating to safety, health, sanitation and working conditions. The Employer and the Union will cooperate in the continuing objective of eliminating safety and health hazards where they are shown to exist. 19.2 Safety practices may be improved upon fi:om time to time by the Employer and upon recommendations of the Employer and the Union. Protective devices, apparel, and equipment, when provided by the Employer must be used and any failure to obey safety regulations or to use safety devices shall result in disciplinary action, up to and including discharge. 19.3 The Employer agrees to provide hepatitis immunization shots to employees within the bargaining unit subject to the approval of the appropriate Depatiment Head. Employees who do not wish to receive the hepatitis immunization shots will be required to sign a refusal waiver to this effect. 19.4 The employer will require that any employee involved in an accident or incident resulting in injury and/or damages to property submit to a dmg and/or alcohol test. Failure to pass the dmg and/or alcohol test or refusal to take drug and/or alcohol test will result in disciplinary actions up to and including discharge. 32 ARTICLE 20 -BULLETIN BOARDS 20.1 The Union may be permitted to provide for its own use three (3) bulletin boards not to exceed 4'L x 3'W in dimension, provided the bulletin boards shall be located only in areas agreed to by the City and Union. 20.2 The Union agrees it shall use the space on the bulletin board provided for herein only for the following purposes; notices of union meetings, notices of internal elections for union offices, repmts of union committees, policies of the Union, recreation and social affairs of the Union, and notices by public bodies. In no event shall the bulletin board be used to post political material or controversial material. The Business Agent, his designated representative, or the Steward of the Union are the only authorized representatives to post material on the bulletin board. Said representatives shall initial and date all material that is posted. 20.3 The appropriate Depmtment Head or his designee shall decide whether or not Section 20.2 has been violated. Should it be detennined that a violation has occuned the Union shall immediately remove the posted material and the Union may lose its bulletin bom·d privileges, following a meeting between the Employer and the Union. 33 ARTICLE 21 -UNIFORMS 21.1 The City will furnish to bargaining unit employees who are required to wear such unifonns in the performance of their duties an initial issue of the following upon employment: 1. Eleven (11) pants 2. Eleven (11) shirts 3. Hats 21.2 The City will replace or repair the above items as they become tom, worn or unserviceable due to the perfmmance of the employee's official duty. Any claim for a repair or replacement under this Section must be accompanied by a written explanation addressed to the appropriate Department Head, setting forth the circumstances necessitating the replacement or repair, and the employee shall present the item(s) to the appropriate Department Head or his designee who shall have the sole determination as to whether the items shall be replaced or repaired. 21.3 Any employee who damages, destroys, or loses any furnished atticle of unifmm due to carelessness, negligence or personal use will replace the article at his own expense, or such cost of replacement shall be deducted from the employee's pay. 21.4 Uniforms provided by the City shall be worn without modifications and only for official City business. Only City issued hats are allowed. 21.5 Upon te1mination of employment for any reason, the employee shall return to the City all mticles of the unifmm issued by the City. 21.6 The City agrees to continue to provide for the cleaning of the uniform articles as in the past. 34 ARTICLE 22-MILEAGE ALLOWANCE 22.1 Employees directed by the appropriate Department Head or his designee to use their private automobiles for City business, shall be compensated at the rate established per mile by the I.R.S. for authorized and approved miles driven. 35 ARTICLE 23-CAREER DEVELOPMENT 23.1 Upon presentation of an official transcript and proof of degree to the City Manager, each employee in the bargaining unit who receives an associates degree from a accredited college, which degree is determined by the City Manager as applicable to the employee's job responsibilities with the City, shall receive a $50.00 per month career development incentive. 23.2 Upon presentation of an official transcript and proof of degree to the City Manager, each employee of the bmgaining unit who receives from an accredited college or university a bachelor's degree, which degree cuniculum is determined by the City Manager to include a major study concentration area readily identifiable and applicable to the employee's job responsibilities with the City, shall receive a $100.00 per month career development incentive. 23.3 Employees receiving Career Development monies shall receive monies as accorded them under either Section 23.1 or Section 23.2. They shall not receive at the same time monies afforded from both of these Sections. 23.4 Employees classified as Wastewater Operator I, Wastewater Operator II, or Wastewater/Water Operator III who obtain the required licenses required for a higher Operator classification, shall be promoted or have their pay adjusted per Article 24. The effective date of such promotion, or pay adjustment, shall be the date the employee passed the test and received their state license, based upon the employee furnishing such documentation to the City. Promotions shall be limited to an effective date no more than sixty (60) calendar days retroactive. Employees classified as Utility Collection/Distribution Operators who obtain a Level 3 license shall receive an annual one-time lump sum payment of $250.00. The initial payment of such lump sum shall be the date the employee passes the test and receives their required state license, or the date of hire for new employees based upon the employee furnishing proper licensing documentation to the City. Payments shall be limited to an effective date no more than sixty (60) calendar days retroactive with future payments paid annually on the date that the employee received their initial lump sum payment. The employee must stay for one (1) year after obtaining the Level 3 license. If the employee leaves the employment of the City, the cost borne by the City for the course, travel and lodging must be reimbursed by the employee. Additional Class A, B and C State licenses above those licenses required by the position description recognized by D.E.P., (Not Certifications), obtained by Water and/or Wastewater Treatment Plant Operator's will be recognized by the payment of an annual one-time lump sum payment of $500.00 which shall be prorated for new employees. The initial payment of such bonus shall be the date the employee passed the test and received their state license, or the date of hire for new employees and based upon the employee furnishing such documentation to the 36 ARTICLE 24-WAGES 24.1 (a) Effective October 1, 2016, a 1% Cost of Living increase will be implemented to the pay scale. Employees with six (6) months service as of October 1, 2016, 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 merit increase of3% of midpoint. (b) Notes Evaluations. If an employee does not receive at least a "Meets Requirements" overall evaluation, they shall not receive a pay adjustment. Employees who receive an overall rating of "Below Requirements" on their evaluation, or who believe the City did not follow the City's pe1formance guidelines, may file a grievance utilizing the grievance procedures contained within Article 9. Bonuses. Employees of the bargaining unit are eligible to receive a bonus based upon performance in accordance with the City's perfmmance evaluation program guidelines. Minimum Pay. In no case shall an employee's pay be established below the base pay for the grade of the position to which the employee is assigned. Exception: See "Below Requirements" evaluation above. 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. Applicability. 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. 24.2 The Job Classification/Grade Chart is set forth in attached Exhibit A. 24.3 Entrance Wage Determination: (a) Initial appointment to any position shall normally be made at the entrance rate of pay established for the position. Upon recommendation from the Department Head, the City Manager may approve the hire of a new employee at a rate of pay above the starting rate of pay. 38 24.4 Lateral Transfers: When an employee is either recruited to or assigned another job within the same salary grade and with essentially the same job responsibility level, they will remain at their cunent salary level and salary grade to which they are cunently assigned. 24.5 Promotion: A promotion is the advancement of an employee from their cunent position to another open job, with greater responsibilities, in a higher pay grade. The promotion is based on documented, demonstrable increase in the scope of work. The granting of a different title alone, without a change in pay grade, does not wanant a promotional salary increase. (a) Salary Adjustment: An employee who receives a promotion to a higher salary grade (either by taldng on a new position or the employee's current position is reclassified to a higher salary grade) should receive a salary increase at the time the promotion becomes effective, to a least the minimum of their new pay range or an amount equal to the percentage difference between the cunent and new grade midpoints, whichever is greater. (b) 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 cunent salary. The formula used to calculate the promotional increase is as follows: New Midpoint-Current Midpoint = Promotion fucrease Amount(%*) Current Midpoint or An increase to the minimum of the new pay grade, whichever is greater. * Not to exceed 12% unless required to bring employee's salary to the minimum of the new pay grade. 24.6 Demotion: Demotions are defined as reductions in job duties and responsibilities that result in a salary grade reduction. When an employee is demoted, the employee will receive a decrease in pay equal to the midpoint differential between the pay grade their job is cunently assigned and the newly assigned pay grade. The formula used to calculate the salary decrease associated with a demotion is as follows: Step 1: Step 2: Current Midpoint-New Midpoint New Midpoint CtmentPay 39 Percent Decrease Amount New Pay (1 + Decrease Amount} or A decrease to the maximum of the new range, whichever is greater. City Initiated Non-Disciplinary Demotions: Should the demotion be the result of non-disciplinary action (e.g., a reduction in force or other actions), the demoted employee shall receive the rate in the lower position classification pay range which provides the smallest possible decrease in pay. Employees demoted for non-disciplinary reasons shall if possible be reassigned to other duties commensurate with his/her qualifications for the position. The Employer will make a reasonable effort to reassign the employee in accord with the provisions of this section. Employee Requested Reassignment (Demotion) to Lower Grade: When an employee requests a voluntary demotion, the salary of the employee will be adjusted in accordance with the formula utilized to calculate the salary decrease associated with a demotion. In no case will the new salary be established below the minimum pay or above the maximum pay for the new grade. The formula used to calculate the salary decrease associated with a employee requested demotion is: Step 1: Step 2: Current Midpoint-New Midpoint New Midpoint Current Pay (1 +Decrease Amount) or Percent Decrease Amount New Pay A decrease to the maximum of the new range, whichever is greater. Note: In some cases, an employee is being retumed to a position and grade previously held prior to the promotion. In these cases, the employee should not receive a gain in pay based upon the prior promotion and may be constmctively returned to the position from which they were promoted with their salary constructively adjusted as if the promotion had never occurred. 24.7 Evaluation for satisfactory service shall be standard in writing throughout the bargaining unit with each activity using the same evaluation form and procedure as that utilized for all other City employees. If the employee believes the evaluation procedure was not followed, he may invoke the grievance procedure and submit the grievance at Step I. 40 24.8 Any employee covered by this Agreement who is temporarily required by the appropriate Department Head or his designee to perform the duties of a higher classification shall receive pay at a rate offive (5%) percent above the employee's regular rate of pay, provided that: (a) The duties and responsibilities of the higher classification are assumed in full for a minimum of one (1) eight-hour working day, and; (b) The working out of classification pay is approved by the City Manager or his designee prior to appointment of the employee to the higher position. If the two (2) conditions set fmih are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the higher classification. 41 ARTICLE 25-ALCOHOL AND DRUG TESTING 25.1 Both the City and Union recognize that drug and alcohol abuse is a problem among our nation's work force. The City and the Union 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 (Sections 112.0455 & 440.102, Florida Statutes). 42 ARTICLE 26 -SENIORITY 26.1 Seniority shall be defined as the length of continuous full-time employment with the City of Atlantic Beach. Seniority shall be acquired by a full-time employee after satisfactory completion of a six (6) month probationary period, at which time seniority shall be retroactive to the first day of employment. 26.2 In the event of a lay-off or reduction in force, employees shall be laid off in the inverse order of seniority within job classes. Employees laid off shall have the right to bump or replace an employee with less seniority in a lower classification for which the employee is qualified, provided said employee has previously held such a position within the City and can perform the established functions of the cunent job description. 26.3 Whenever an employee is demoted to a position for which he is qualified, he shall receive the salary performance level in that lower range which provides either no decrease or the smallest decrease in pay, if the action is not for cause as outlined in Article 8 of this Agreement. 26.4 In regard to overtime and vacation, seniority will be defined as the length of continuous time in any specific classification. If an employee is involuntarily transferred from one department or division to another in the same classification, he shall cmry with him both the City and job seniority that he has already acquired. 26.5 Seniority shall accumulate during periods of approved leave of absence where the employee remains in a pay status. Seniority is not broken when an employee is on an approved leave of absence without pay, but seniority does not accumulate during this period. 26.6 Seniority shall be broken when an employee: (a) Resigns; (b) Is discharged for just cause; (c) Exceeds an authorized leave of absence. 43 ARTICLE 27-JOB QUALIFICATIONS AND PROMOTIONS 27.1 Whenever a Full Time (FT) or Regular Part Time (RPT) job opening occurs, other than a temporary opening, in any existing job classification, or as the result ofthe development or establishment of a new FT or RPT job classification, such jobs shall be advertised as indicated below, and a notice of such opening shall be posted on all appropriate bulletin boards. A copy of the notices of job openings will be forwarded to the appropriate union steward at the time of posting for posting on all other authorized union bulletin boards. a. In-house Recruitment. When it has been determined that in-house recruitment is likely to produce a sufficient number of qualified applicants, the vacancy may be adve1tised through in-house only. In the event a vacancy is posted in-house only, it will be posted for five (5) workdays instead offomteen (14) calendar days. NOTE: Only Full Time and Regular Part Time employees that have been previously selected through the City competitive selection process may apply for positions adve1tised in-house. b. External Recruitment. Based upon the small number of employees within most job classifications, and in order to increase the number of applicants to select from, most vacancies will be directly advertised both in-house and externally at the same time. 27.2 For the purpose of this Agreement, a vacancy shall be defined as an opening within any City FT or RPT job classification for which funds have been appropriated. 27.3 Whenever a vacancy is posted, employees desiring to be considered for such vacancy shall make written application for the position on a City Employment Application no later than the date and time indicated as the closing date/time set forth on the posted vacancy announcement. The appropriate Depmtment Head shall interview all City employee applicants that meet the minimum qualifications for the position prior to filling the vacancy. 27.4 The appropriate Department Head shall make all determinations of the qualifications of the applicants applying for open or promotional positions, provided such determination is limited to those factors required within the job specifications for the position being filled. Factors to be considered included, but are not limited to: education, knowledge, skills, abilities; past perfmmance, work history, attendance, and seniority. During the selection process, if all things are comparable with regards to the above factors, cunent City employee(s) requesting a promotion, or reassignment, will be given priority consideration over other applicants of similar qualifications. 44 27.5 Nothing in this Article shall be construed as precluding employees within the bargaining unit from applying for other vacant positions within the City of Atlantic Beach. 45 ARTICLE 28 -SEVERABILITY 28.1 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 Employer and the Union agree to immediately negotiate a substitute for the invalidated Article, Section or pmiion thereof. 46 ARTICLE 29 -SAVINGS CLAUSE 29.1 The Employer retains all rights, powers, functions and authority it had prior to the signing of this Agreement except as such rights are specifically relinquished or abridged in this Agreement. 47 ARTICLE 30-ENTIRE AGREEMENT 30.1 The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and oppmiunity 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 pmiies after the exercise of that right and oppmiunity are set fmih in this Agreement. Therefore, the Employer and the Union 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. 48 ARTICLE 31 -DURATION OF AGREEMENT 31.1 This Agreement shall commence and become effective October 1, 2016, or on the date of ratification ofthis Agreement by both parties, whichever is later, and shall continue in full force and effect until midnight of the thirtieth (30 111) day of September 2018. 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 sixty (60) calendar days prior to September 30,2018. 49 SIGNATURE PAGE IN WITNESS THEREOF, the parties have caused this Agreement to be signed in their respective names by their respective representatives and have executed this Agreement this day of 2016. FOR THE CITY: Nelson VanLiere City Manager Catherine Beny, Esq., Negotiator and Director of Human Resources Ratified by Union members on: Approved by the City Commission on: 50 FOR THE UNION: Ronnie Bunis Business Manager, Local 630 Exhibit A CurTent Pay Scale 51 AGENDA ITEM 3A SEPTEMBER 26, 2016 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Coastal Florida PBA Negotiations 2016 SUBMITTED BY: Catherine Berry, Esq., Human Resources Director [,0 DATE: August 29, 2016 AGENDA ITEM 38 SEPTEMBER 26, 2016 BACKGROUND: The three-year contract that the City of Atlantic Beach entered into with the Coastal Florida Police Benevolent Association expires September 30, 2018. The City and Union had three public negotiation meetings this year and came to an agreement, pending ratification and Commission approval, on a new wages Article that benefits both the City and the Union members. The only change is to the initial paragraph in 26.1, reflecting the wage proposal included in this year's budget. BUDGET: Included in 2016-2017 City Budget RECOMMENDATION: That the City Manager be authorized to sign the attached Memorandum of Understanding with the Union, contingent upon approval of the budget by the Commission. ATTACHMENTS: City of Atlantic Beach and Florida Coastal PBA Memorandum ofUnderstanding on Wages, Article 26. REVIEWED BY CITY MANAGER: '--P/.-t/41. ,;Z'~ 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATLANTIC BEACH AND COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION AGENDA ITEM 38 SEPTEMBER 26, 2016 This Memorandum of Understanding is entered into between the City of Atlantic Beach (hereinafter referred to as (/the City") and the Coastal Florida Police Benevolent Association (hereinafter referred to as (/the PBA") on behalf of those employees in the classifications of Police Officer, Corporal and Sergeant (PERC Certification Number 1665) for the purpose of bargaining collectively in the determination of the wages, hours and terms of conditions of employment of those within the bargaining unit. The City and the PBA agree as follows: Article 26 of the current collective bargaining agreement is hereby modified to the language contained in the attached document, which is incorporated by reference. This Agreement will remain in effect until new terms are negotiated and incorporated into the Collective Bargaining Agreement between the City and the PBA. This MOU will become effective upon approval by the City Commission, ratification by the members of the PBA and execution by both parties. All other terms and conditions of the Collective Bargaining Agreement not specifically referenced herein shall remain unchanged. Signed and Agreed by the City: Signed and Agreed by the PBA: Nelson Van Liere, City Manager Kimberly Kilpatrick, President Ratified by the PBA on: ------------- Approved by the City Commission on: ----------- AGENDA ITEM 38 SEPTEMBER 26, 2016 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 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. 26.8 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. *Not to exceed 12% unless required to bring the employee's salary to the minimum of the new pay grade. b. Anniversary Date. A new anniversary date will be established as the effective date of promotion. a. Minimum Pay. In no case shall a promoted employee's salary be set below the base salary of the position to which they were promoted. AGENDA ITEM 38 SEPTEMBER 26, 2016 26.9 A career development program for Police Officers is being implemented upon ratification and approval of this agreement. This program will create two (2) career track positions that Police Officers can achieve after 3 and 6 years of service. These positions, entitled Police Officer First Class (PFC) and Senior Police Officer (SPO) will have added responsibilities, required training, education and demonstrated competency in both community policing as well as leadership. The offtcer will have to reach a minimum tenure in each position and demonstrate the skill, knowledge and willingness to perform the requirements of the positions before being promoted. There will be a 3% increase in pay for promotions to PFC and SPO. a. All members who are eligible for promotion will be required to submit an application to the Chief of Police. Each candidate's file will be reviewed by the Chief and Command Staff and a decision will be made regarding promotions to PFC and SPO. b. The number of positions allotted for PFC will equal fifty (50%) of the total number of sworn officers allocated for the Police Department, excluding the Chief ofPolice, Commanders, Lieutenants and Sergeants. The number ofSPO positions will equal fifty percent (50%) of the allocated positions for PFC. Under this formula, there will be a total of 9 PFC positions and 5 SPO positions. c. Officers hired prior to October 1, 2012, and who have a minimum of six (6) years of law enforcement experience will be eligible for promotion to SPO without having to meet the requirements of three (3) consecutive years as a PFC and the required college and career development courses. These officers will be promoted based on their overall tenure, qualification, training, attitude, work performance, disciplinary history and ability to perform the requirements of the position. Under this provision, officers who receive the 3% promotion to PFC will not receive an additional3% pay increase if and when promoted to SPO. d. Police Officers hired after October 1, 2012 with less than 3 years experience will be eligible to receive a 3% pay increase for promotions to PFC and SPO. These officers are not subject to the provisions of26.9 (c) and as such, will be required to meet all of the eligibility requirements for promotion as established in the policy and procedure. 26.9 Any employee covered by this Agreement, except for those classified as a PFC or SPO, 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 often percent (10%) above the employee's regular rate of pay while the employee is actually performing the duties of an FTO. Those employees classified as a PFC or SPO will receive pay at a rate of seven percent (7%) above the employee's regular rate of pay while the employee is actually perfonning 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. City of Atlantic Beach Major Public Works Projects FY15/16 -Status 9/14/16 Project Name Budget Project Description Notes Utilities Effluent Outfall Replacement $532,764 This is replacement of the end ofthe beaches combined Bid opened on 3/2; low bid by J.D. Hinson Company exceeded budgeted amount. Jax Beach and effluent pipeline and is cost shared by the 3 beach Cities. Neptune Beach have approved additional funding required. Once contract documents are returned, a pre-construction meeting will be scheduled and a Notice To Proceed will be issued. Consultant obtaining costs for new line suspended from piling versus buried. Contractor just provided signed contract documents with bond. Pre-construction meeting was held on 7/21/2016. A Notice To Proceed was issued for the project to begin on August 15th. The contractor has ordered supplies and the culvert is being manufactured off-site. Atlantic Blvd Waterline Upgrade $100,000 Design only. Waiting on water model completion. Update Water System Model $30,000 Evaluating capital improvement requirements and impact if Model built and calibrated. Consultant preparing and running and evaluating scenarios. Draft Water WTP #4 is removed from service. Model received and under review. Meeting is being scheduled with the consultant. Well Logging-6 wells $130,000 This is a down hole check ofthe structural integrity of our Discussing scope with different consultant to eliminate or reduce subconsultant layering. drinking water wells. Replace Water Main on Seminole Rd. $700,000 Design revisions underway-part of Seminole Road Finalizing design revisions with stormwater and streetscape components of project. From Atlantic Blvd. to S-Way Streetscape project. WTP2 North Fence Replacement $10,000 Installation completed 4/7. Replace Seaspray water services $100,000 Work needed because of recurring line breaks and Project completed within budget. accompanying outages. Sewer Line rehab Sea Oats $207,000 Involves lining of aging sewer infrastructure to reduce water Received scope for pipe lining; coordinating manhole lining scope/cost SpectraShield. Project inflow & infiltration (1&1). Additional sewer mains will be complete. Awaiting Commission approval of a budget modification. done to use remaining funds. Phosphorus Treatment Improvements $225,000 Received grant to offset portion of cost to improve Preliminary engineering Report completed. 60% engineering design completed. Permitting through WWTP Phosphorus treatments at the WWTP. FDEP and setting up temporary feed system. Project is out for bids. Bids will be opened on August 31st. Only one bid was received which was almost twice the budget for this project. The call for bids will be rewritten and readvertised. 2 repairs Gravity Outfall to ICW $30,000 Consultant preparing TV inspection review assessment and maintenance plan. Combined Plant Renewal and $278.000 Addressing items separately in-house. Utility staff working with vendors & purchasing. Replacement Soft Starts WTP 1,2,3 $10,000 Awaiting final quote from vendor. Have PO 's for WTP 1 and W TP 2 to be installed this week Chlorine Auto Control $31,000 Equip. purchased -coordinating install date Equipment installed, start up done July 18th Control Bubbler System WTP2 $15,000 Awaiting shop drawing from vendor. waiting on quote from contractor LS Control Panel $19,000 Under fabrication by supplier. Installed LS ABCD Softstarts $55,000 lS "8" softstart install in progress. Complete, awaiting invoice VI Replace Kruger Disks $6,000 Completed New Influent Screens $20,000 Screens were damaged Waiting for delivery Replace Eft Pump #2 $50,000 P.O. Issued for pump installation Replace RAS Pump $50,000 P. 0. Issued for pump installation Replace Influent Pump $22,000 Pump requirements/specs may be updated. Report is being reviewed ml> "'CIG'I -lm mz ~c ~)> Parks Projects Russell Park Renovation $160,000 New swing set installed. Basketball lighting installed. Other improvements being planned. $SOK grant to supplement funding was delivered by Michelle Scope/quotes & Schedule in progress for outfield irrigating Waterman ofTalbot Island Park on August 22nd. &sod. Bull Park Improvements $35,000 Replacement of playground fence, landscaping and swing Landscaping complete. New swing installed. Fencing was installed week of July 25th. Plaques have ::IO::::j Nm ~~ No~::o S> en set. been re-installed and pedestals are being refurbished. -~--~ Twin Lake Parks Design $25,000 Re-evaluating task based on Commission direction and Project revised; awaiting proposal for pond bank restoration. Application for FIND grant funding not public input from community meeting. submitted this year. Marsh Multipurpose Path $540,000 This is a multi:purpose path along Dutton Road to Dutton Bid opened on 3/2; low bidder within budget. Project started 5/9. Mitigation pond construction Island. It is 50% FIND Grant funded. underway. Awaiting pond as-builts. Path has been cleared. Will overlay asphalt roadway concurrent with Marsh Path project. The project is 75% complete. Path paving began on July 21. Bulkhead installation is underway. Road repairs are complete. 75% of path is paved. Final path and roadway paving will begin the week of September 12th. Handrail has been installed. Vet Park Playset Replacement $40,000 Working with Vendors to select playground set. Using COJ funding secured by Councilman Gulliford to supplement original budget for amphitheater screen covering. Final plans are to be submitted by July 8th. Quotes are being received for the covering for the stage in the park. One more quote is pending. Playground sets are more than our budget. The installation ofthis will be postponed until the coming fiscal year. Public Works Projects Seminole Road Improvements $900,000 Consultant revising design to redirect stormwater from Bidding late Fall of 2016. Saltair area and Howell Park. Francis Avenue Drainage $650,000 100% CDBG funding. This project is to improve water and Shop drawings reviewed and approved. Construction is in progress. The waterline is almost Improvements stormwater along Francis Avenue. The road will also be complete. Drainage improvements are being installed. A conflict box was installed the week of July paved as part of the project. Construction in progress-25th for water and sewer. Work is progressing slowly on the rest ofthe project. The watermain waterline approximately 90% complete. installation is complete. The storm drains are complete, and the project is approximately 60% complete. The old water line has been removed. Curbing on the west side of the road is scheduled to begin the week of September 19th. Beach Renourishment $0 Beach renourishment 100% paid with Federal and County Scheduled for summer of 2016. Awaiting start up by COJ. The project is scheduled to begin funds. September 6th at the southern end of the project area, Jacksonville Beach. The project has begun and is progressing south in Jax Beach. 2016 Resurfacing Program $330,000 This project is to pave Seminole Road from the Five Way The paving is complete except for the thermoplastic striping which will be completed as soon as the intersection to the north end of the City contractor becomes available. I Ahern Bike Plaza $15,000 Installation by City forces in 1st quarter of 2016 near Grading complete. Initial rack installation completed (3 racks). Monitoring to gauge usage/demand. Lifeguard station. Atlantic Blvd Bike Plaza $50,000 This is to create a park type plaza over the retention area Design not started. Negotiations have begun with the plaza owner. He has been given a propsed for the shopping plaza at 3rd Street and Atlantc Blvd. lease agreement to review concerning the use and maintenance of the retention area. Aquatic Gardens Project $250,000 Project is to review the City's Stormwater Master Plan as it PW is having crews clean the conveyance systems in this area, and funds are being requested in the pertains to this neighborhood and to design improvements next fiscal year budget for the stormwater review and project design. If possible, construction will for more capacity and stormwater throughput from this also be scheduled depending on timing and funds availability. area. Saltair Project $250,000 Project is to modify existing construction on Magnolia and Consultant is preparing proposal and cost estimate for construction. Neighborhood meeting is Pointsettia and to construct improvements on Slyan and scheduled for August 12th. The neighborhood meeting was held and the consensus of the Pine Streets participants (residents and City Officials as well) was to proceed with the design of a less obtrusive drainage system in the next fiscal year. Once the design is complete, the project should go out for bids for construction ASAP. PW is asking for funds for construction in this coming fiscal year. Construction may be able to begin as early as Spring of 2017. Safe Route to School Sidewalk $0 8' sidewalk along Sherry & Seminole from Ahern to 17th. Design & survey underway. Town Hall meeting held May 7th. Workshop held June 27th. Bid Design and construction funded by FDOT. documents being prepared. Construction scheduled for second half of 2017. PW Dir to present additional info to Commission on July 11th and and Town Hall Meeting on July 16th. Striping of the proposed path of the SRTS will be completed the week of July 25th. Additional Town Hall Meeting scheduled for August 27th. The route of the proposed path was painted the week of July 25th. A consensus of the City Commission was reached at the Town Hall Meeting of August 27th to move forward with the project along the east,side of Seminole Road and Sherry Drive and to have the MOU signed with the JTA to commit to this project. VI ~l> -tG"' rnrn ~z mC rnl> Police Building $2,892,700 PD building upgrades and improvements. Police Department moved to Utilities building at 902 Assisi. Wall demolition and new slab construction underway. Retaining wall is complete. The slab will be poured and wall construction will begin within the next two weeks. ::a- N-1 O'lrn ~ ~ N,j::> Sl> 0'1 AGENDA ITEM: DATE: SUBMITIED BY: BACKGROUND: BUDGET: RECOMMENDATIONS: ATIACHMENTS: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 48 SEPTEMBER 26, 2016 Facility Use Contract with Atlantic Beach Athletic Association (ABAA) September 14, 2016 Timmy Johnson, Recreation Direct~ Several organizations have been offeZ ecreational programs at City facilities for many years. The Atlantic Beach Athletic Association (ABAA) provides two seasons ofT-ball, softball, and baseball each year. In the past, they entered into a yearly contract with the City of Atlantic Beach which included the payment of a fee for the use of the facilities, financial statements, and insurance. The contract have been revised to include the Public Records Provision as discussed in the last City Commission meeting. The organization/person under contract provides opportunities for inclusion and participation for low income residents who may not otherwise be able to afford to participate. The soccer program will run through the Recreation Department and pay the monthly user fee. The fee in the contracts is $200 for the year, which is consistent with previous years. Authorize the City Manager to sign a contract with ABAA. ABAA Proposed Contract, financial statement, fees and insurance . REVIEWED BY CITY MANAGER: ~/ t/ CA:A-t ~Uy AGENDA ITEM 48 SEPTEMBER 26, 2016 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of" _______ _ at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Atlantic Beach Athletic Association of Atlantic Beach, Florida (904) 249-2985 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Baseball Facilities and Concession Building and Donner Park Baseball Facility on Monday, Thursday, Friday and Sunday and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one-time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from October 1, 2016 through September 30, 2017. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of$200.00 at the time of signing this agreement. Renter shall provide the City with a copy of its tax-exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager 1 AGENDA ITEM 48 SEPTEMBER 26, 2016 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents and financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. 1. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. J. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re-keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a $10 per key fee at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15th day of January. 2 AGENDA ITEM 48 SEPTEMBER 26, 2016 l. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use ofthe public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Jack Russell Baseball Facilities and Concession Building and Donner Park Baseball Facilities on Monday, Thursday, Friday and Sunday o. Additional provisions agreed upon by the City and Renter: Renter will actively recruit in low income areas, and provide scholarships, "work for play" or other mechanisms to assure that children are not denied the opportunity to participate due to their inability to pay the registration or other related fees. Number of scholarships will not exceed 7.5% of total registered players for that season. 4. Exclusive Use Dates and Times: August 1st through December 15th and January 1st through July 31. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. "Renter agrees and understands the City intends to make improvements to the property (e.g. drainage). Renter further understands the facility use may need to be delayed or suspended during the time necessary for completion of the improvements." 3 AGENDA ITEM 4B SEPTEMBER 26, 2016 6. Control of Facility: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not. IN WITNESS WHEREOF, we have hereunto set our hands and official seals this __ day of ______ _ CITY OF ATLANTIC BEACH By: -------------;:]JL __ Its: "RENTER" "CITY" 4 Revenue Registration Concessions 2015 ABAA Financial Statement Sponsorships & Donations Advanced Play I All-Stars Gross Revenue Expenses General & Administrative Maintenance & Equipment Umpires Uniforms Trophies Concessions Advanced Play I All-Stars Fall Farewell Total Expenses AGENDA ITEM 48 SEPTEMBER 26, 2016 51,925.90 23,272.47 11,187.50 29.922.22 $116,308.09 11,197.05 25,321.48 10,513.00 22,172.28 3,108.15 16,891.73 28,132.31 349.93 $117,685.93 ($1,377.84) 2016 Atlantic Beach Athletic Association Fees T-ball $100 Softball $130 Baseball $130 AGENDA ITEM 48 SEPTEMBER 26, 2016 AGENDA ITEM 48 SEPTEMBER 26, 2016 ACORD TM CERTIFICATE OF LIABILITY INSURANCE I 2/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K&K INSURANCE GROUP, INC. CONTACT Cheryl Pettibone NAME: 1712 MAGNAVOXWAY PHONE 800·736·7358 I FAX PO BOX2338 (Ale, No. Ext): CAlC, No): FORTWAYNE IN 46801 E·MAIL Cheryi.Pettibone@kandkinsurance.com ADDRESS: INSURED INSURER S AFFORDING COVERAGE NAIC# MEMBER NO: INSURER A: Nationwide Life Insurance Co. INSURERS: Nationwide Mutual Insurance Co. ATLANTIC BEACH ATHLETIC ASSOC BABE RUTH LG INSURERC: DBA: Atlantic Beach Athletic Association INSURERD: 12225 High Laurel Drive INSURERE: Jacksonville, FL. 32225 INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER (~~}5g~) (~~hl~~) LIMITS LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 B J CLAIMS-MADE 0occuR DAMAGE TO RENTED $ 300,000 02/25/2016 02/01/2017 PREMISES (Ea occurrenCE>) RPG-272242~0 12:01 AM 12:01 AM MED EXP (Any one person) $ 5,000 - PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 R~OLICY D PROJECT D LOC PRODUCTS-COMP/OP AGG $1,000,000 OTHER: PARTICIPANT LEGAL LIABILITY $1,000,000 AUTOMOBILE LIABILITY ! &~'!~7d~~~~INGLE LIMIT $1,000,000 1------ ANY AUTO BODILY INJURY (Per person) 1-ALL OWNED AUTOS r-SCHEDULED 02/25/2016 02/01/2017 B RPG-272242-00 12:01 AM 12:01 AM BODILY INJURY (Per accident) 1------r-AUTOS . rp~~~:~sAMAGE X HIRED AUTOS X NON-OWNED 1-I--AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE 1-EXCESS LIAB '-- CLAIMS-MADE AGGREGATE OED I I RETENTION WORKERS COMPENSATION I PER I 'OTHER AND EMPLOYERS' LIABILITY YIN STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE-EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT A PARTICIPANT ACCIDENT SPX-272201~0 02/2512016 02/01/2017 AD&D $ 15,000 12:01 AM 12:01 AM EXCESS MEDICAL $ 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ADDITIONAL INSURED: ANY PERSON, ORGANIZATION OR ENTITY WHO IS ENGAGED IN PROVIDING THE PREMISES, IS A SPONSOR OR CO-PROMOTER, BUT SOLELY WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. SEXUAL ABUSE/MOLESTATION: $1,000,000 PER OCCURRENCE/$2,000,000 AGGREGATE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Evidence of Coverage THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~1wil ACORD 25 (2014/01) © 1998-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Pay Increase for City Manager Nelson VanLiere, City Manager C.--- September 15,2016 AGENDA ITEM 4C SEPTEMBER 26, 2016 Per the City Manager's Employment Agreement, consideration shall be given on an annual basis to an increase in compensation. In past years, pay raises for the City Manager have been consistent with those given to other non-union general employees. Based on the approval of the 2016-2017 budget, general and public safety employees will be given a 3% (of midpoint) increase effective 10/1/2016. BUDGET: Sufficient funds are included within the budget. RECOMMENDATION: Approve a salary increase of 3% for the City Manager effective 10/1/16. AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Pay Increase for City Clerk Nelson Van Liere, City Manager September 15, 2016 AGENDA ITEM 40 SEPTEMBER 26, 2016 The City Clerk is "appointed" with the City Commission establishing the salary each year. In past years, pay raises for the City Clerk have been consistent with those given to other non-union general employees. Based on the approval ofthe 2016-2017 budget, general employees will be given a 3% (of midpoint) increase effective 10/1/2016. The City Clerk position is not included in the Pay Scale, therefore, no classification, grade or pay range was determined or approved for the position. BUDGET: Sufficient funds are included within the budget. RECOMMENDATION: Approve a salary increase of 3% for the City Clerk effective 10/1/16. CITY OF ATLANTIC BEACH, FLORIDA CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 6A & 1 A SEPTEMBER 26, 2016 AGENDA ITEM: Public Hearings on adopting Resolution 16-05 for the Millage Rate and adopting Ordinance #20-16-140 establishing the Operating Budget for fiscal year 2016/2017. SUBMITTED BY: Russell Caffey, Finance Director DATE: September 26, 2016 BACKGROUND: In order to adopt a millage rate and operating budget, the City Commission must adhere to a strict process per state law. Please find attached an outline for the public hearings to be held on September 26 111 , 2016 in the Commission Chambers at 6:30pm. The format is the same as in previous years and is to be read into the record as presented in order to assure compliance with the TRIM laws (s.200.065, F.S .). Prior to these hearings , the City Manager presented a Proposed Operating Budget and held two workshops to review and make adjustments with the City Commission's guidance. The Proposed Operating Budget is funded using the millage rate of 3.2285 mills. This is a reduction in the millage when compared to the current year's rate of 3.3285 (FY16). This is the second public hearing for the final adoption of the millage by resolution and a second public hearing for the final adoption of the Operating Budget, Ordinance #20-16-140. RECOMMENDATION: 1.) Hold two public hearings as described in the attached outline to approve both the final Millage Rate of 3.2285 mills and the Operating Budget Ordinance #20- 16-140 with total expenditures of $31,690,466. ATTACHMENTS: Agenda for Public Hearings Resolution #16-05 Ordinance # 20-16-140 Budget Summary of all Funds Schedule A: Proposed Changes to Final Budget REVIEWEDBYCITYMANAGER: ~ /an;;;:/~ AGENDA ITEM 6A & 7A SEPTEMBER 26, 2016 ADOPTION OF THE FINAL MILLAGE AND OPERATING BUDGET FOR FISCAL YEAR 2016/2017 First item to be considered: Adoption of the Millage Rate by Resolution 16-05 State the following: The Tentative Millage Rate is 3.2285 The Roll-Back Rate is 3.1754 The Tentative Millage Rate is 1.67% more than the roll back rate. The purpose for adopting the millage rate of 3.2285 is to maintain a level of ad valorem tax revenue sufficient to support funding for the proposed level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Motion to adopt a final Millage Rate for operating purposes of 3.2285 Open Public Hearing Close Public Hearing Discussion and Vote Second item to be considered: Ordinance #20-16-140 establishing the Operating Budget for fiscal year 2016/2017 of $31,690,466 Motion to adopt Ordinance #20-16-140 establishing the Operating Budget for fiscal year 2016/2017 Open a Public Hearing Close Public Hearing Discussion and Vote AGENDA ITEM 6A & 7A SEPTEMBER 26, 2016 RESOLUTION NO. 16-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida law requires the City Commission of the City of Atlantic Beach, Florida, to pass a resolution levying the millage rate for ad valorem property taxes for municipal purposes on all taxable property within the city limits of the City of Atlantic Beach, Florida, for the fiscal year beginning October 1, 2016 and ending September 30, 2017; and WHEREAS, Florida law requires said resolution to state the millage rate to be levied, and also, to state the percentage by which the millage rate to be levied exceeds the rolled-back rate as computed pursuant to Florida law; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has duly considered the budgetary requirements of the City; has adopted a tentative budget for the fiscal year beginning October 1, 2016 and ending September 30, 2017, based on a millage rate of3.2285 mills on the taxable property within the City; and has acted in accordance with the terms, provisions, and procedures contained in section 200.065, Florida Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, Florida, that 1. The ad valorem property tax millage rate for municipal purposes to be levied on the taxable property within the city limits of the City of Atlantic Beach, Florida, during the fiscal year beginning October 1, 2016 and ending September 30,2017 is hereby set at the rate of3.2285 mills. 2. The percentage by which this millage rate to be levied exceeds the rolled-back rate of 3.1754is 1.67%. 3. This resolution shall take effect immediately upon its passage and adoption by the City Commission of the City of Atlantic Beach, Florida. ADOPTED at a public hearing by the City Commission of the City of Atlantic Beach, Florida on the 26 111 day of September 2016. Approved as to form and correctness: Brenna M. Durden City Attorney ATTEST: Donna L. Bartle City Clerk Mitchell E. Reeves Mayor I Presiding Officer ORDINANCE NO. 20-16-140 AGENDA ITEM 6A & 7 A SEPTEMBER 26, 2016 ~~~ORDINANCE ADOPTING TilE FINAL BUDGET FOR THE CITY -oF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 12,2016, held a public hearing as required by Florida Statute 200.065; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the appropriations and revenue estimate for the budget for Fiscal Year beginning October I, 2016 and ending September 30, 2017 in the amount of $31,690,466. 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 2017 budget be adopted, and 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 12th day of September 2016. Passed by the City Commission on second and fmal reading this __ day of September 2016. Mitchell E. Reeves Mayor I Presiding Officer Approved as to form and correctness: Brenna M. Durden City Attorney ATTEST: Donna L. Bartle City Clerk AGENDA ITEM 6A & 7 A SEPTEMBER 26, 2016 City of Atlantic Beach Combined Summary of Revenues and Expenditures Summary of all Funds Actual Actual Estimate Budget Increase 2013-2014 2014-2015 2015-2016 2016-2017 {Decrease} Cash Forward 39,179,331 40,795,935 43,152,248 42,178,506 {973,742} Revenues General Fund 11,204,899 11,270,909 11,627,343 12,276,885 649,542 Special Revenue Funds 1,551,889 1,546,872 2,210,872 1,614,739 (596,133) Debt Service Fund Capital Project Fund 364,822 82,675 1,588,408 326,100 (1,262,308) Enterprise Funds 12,182,098 11,710,693 11,796,874 12,507,780 710,906 Trust and Agency Funds 3,105,080 2,118,275 3,978,960 4,051,426 72,466 Total Revenues 28,408,788 26,729,424 31,202,457 30,776,930 (425,527) Other Financing Sources 89,590 218,662 Total Resources 67,677,710 67,744,020 74,354,705 72,955,436 {1,399,269) Expenditures General Fund 10,861,273 10,624,305 12,335,875 12,356,784 20,909 Special Revenue Funds 1,418,672 1,321,876 2,210,389 2,245,100 34,711 Debt Service Fund 73,113 Capital Project Fund 98,073 442,723 4,146,078 385,000 (3, 761 ,078) Enterprise Funds 12,446,983 9,487,855 11,716,131 14,744,173 3,028,042 Trust and Agency Funds 1 ,448,128 1,784,840 1,767,726 1,959,409 191,683 DIVISION TOTALS 26,346,241 23,661,600 32,176,199 31,690,466. {485,733} Other Financing Uses 535,535 930,173 Cash Reserves 40,795,935 43,152,248 42,178,506 41,264,970 {913,536} Total Expenses and Cash 67,677,710 67,744,020 74,354,705 72,955,436 {1 ,399,269} Resource Allocation Personnel Services 9,149,396 9,067,644 9,675,939 10,482,633 806,694 Operating Expenses 10,119,154 10,310,196 11,357,668 11,775,898 418,230 Capital Outlay 3,299,043 2,196,414 6,992,017 5,448,300 (1 ,543,717) Debt Service 2,151,646 739,136 1,964,401 2,008,190 43,789 Transfers 1,627,003 1,348,210 2,186,174 1,975,445 (210,729) Total 26,346,241 23,661,600 32,176,199 31,690,466 {485,733} Schedule A AGENDA ITEM 6A & 7A SEPTEMBER 26, 2016 Changes from Proposed Budget to Final Budget REVENUES: Originally Proposed Revenues: General Fund -Ad Valorem Tax Revenue Revenue reduction of 1/1 oth of a mil Revised Final Budgeted Revenues EXPENSES: Originally Proposed Expenses: General Fund Media Relations Specialist Wi-Fi-3 recreation centers Low Speed Vehicle Program Additional overtime for additional cleanup costs at City events Half Cent Discretionary Sales Tax Fund Lifeguard Stations Improvements Shade Structure at Sunset Pier City Event Sign-Mayport Corridor Convention Development Tax Fund Sea Turtle Program-Signage Local Option Gas Tax Fund Digital Lighting at Pedestrian Crossing Revised Budgeted Expenses: $30,920,215 (143,285) $30.776.930 $31,506,567 42,799 5,100 30,000 2,000 50,000 30,000 3,000 10,000 11,000 $31,690.466 AGENDA ITEM: DATE: SUBMITTED BY : STAFF REPORT City of Atlantic Beach Commission Meeting ORDINANCE NO. 20-16-141 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR APPROPRIATING ADDITIONAL FUNDS IN THE LEGAL SERVICES DIVISION, AND PROVIDING AN EFFECTIVE DATE. August 31,2016 Russell Caffey, Finance Director AGENDA ITEM 78 SEPTEMBER 26, 2016 BACKGROUND: The City of Atlantic Beach's revised Legal Budget for fiscal year 2016 (FY16) is $171,000. As of July 3Pt, the City has incun·ed $189 ,905 in legal expenditures for the year. City Staff is requesting an increase to the legal budget of $66,185 to cover estimated legal costs for the remainder of FY16. BUDGET: Mid-year budget modification to transfer $ 66 ,185 from the Fund Balance to the Legal Services Division . RECOMMENDATION : To adopt Ordinance NO. 20-16-141 amending the 2015-16 Annual Budget. ATTACHMENT: 1. Ordinance No . 20-16-141 2. Legal fee reconciliation REVIEWED BY CITY MANAGER: ~ ~~; ORDINANCE NO. 20-16-141 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR APPROPRIATING ADDITIONAL FUNDS IN THE LEGAL SERVICES DIVISION, AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM 78 SEPTEMBER 26, 2016 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 amending the operating budget to add net funds totaling $68,185 to cover an estimated increase to legal fees for the balance of the fiscal year. 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 2015/2016 Budget to be amended as follows: GENERAL FUND Expenditures: City Administration -Legal Services Fund Balance: Professional Services -City Attorney Total Expenses: 2. This ordinance shall take effect immediately upon its adoption. $ 66,185 $ 66.185 <$ 66.185> Passed by the City Commission on first reading this 12th day of September 2016. Passed by the City Commission on second and fmal reading this __ day of 2016. Mitchell E. Reeves Mayor I Presiding Officer Approved as to form and correctness: Brenna M. Durden, City Attorney ATTEST: Donna L. Bartle, CMC City Clerk AGE NDA ITEM 7B SEPTE M BER 26 , 2016 City of Atlantic Beach Reconciliation of Legal Services Kopelousos, Bradley Lewis Longman & Walker Period ending & Garrison and Services 1 General Gate Cloister Total 10/31/2015 $ 8,000 7,810 $ 15,810 11/30/2015 8,300 8,300 12/31/2015 8,000 8,000 1/31/2016 8,493 8,493 2/29/2016 10,077 10,077 3/31/2016 8,000 $ 5,840 $ 4 ,675 18,515 4/30/2016 6,550 18,150 24,700 5/31/2016 15,480 19,865 $ 10,355 45,700 6/30/2016 12,925 4,700 8,475 26,100 7/31/2016 16,185 3,275 4,750 24,210 8/31/2016 25,000 25,000 9/30/2016 25,000 25,000 $ 50,870 $ 7,810 $ 106,980 $ 50,665 $ 23,580 $ 239,905 1 -Miscellaneous legal fees consist of items such as court reporters and venue rental. Blue Text is outstanding and estimated expenditures for the remainder of the fiscal year. Total is $66,185 . CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM SA SEPTEMBER 26, 2016 AGENDA ITEM: Maypoti Road Community Redevelopment Plan Presentation SUBMITTED BY: Derek W. Reeves, Planner./?- DATE: September 14,2016 STRATEGIC PLAN LINK: None BACKGROUND: This is a presentation of the Maypoti Road Community Redevelopment Plan fi:om staff and the consulting team hired to create the plan. Funding for this project was approved on July 27th of20 15 by Commission. Additional funding includes a $25,000 grant from the Florida Department of Economic Opportunity in the form of a Technical Assistance Grant. The project team consists of City staff, VHB, Northeast Florida Regional Council, and Community Redevelopment and Planning. The project team worked clo~ely with a Technical Advisoty Committee (TAC) that was comprised of key stakeholders from the community that were appointed by Commission and staff. The project team held three meetings with the TAC and two meetings with the general public to gather information that would direct the progression of the plan. This presentation is the culmination of those meetings where the project team will present their findings and outline the plan created. The plan itself was created in such a way that it meets the statutory requirements for Community Redevelopment Area (CRA) or so that it can be used as a redevelopment plan for the City to execute without a formal CRA. The presentation will include a brief history of how the plan came to be, followed by a breakdown of the redevelopment plan and its proposed projects and programs. The presentation will then cover the two possible funding options for the redevelopment plan including the General Fund and the creation of a CRA utilizing Tax Increment Financing (TIF). As a refresher, the basics of a CRA will be presented and then a comparison of the two funding mechanisms will be shown. This presentation is the final step of the consulting team's contract and we have a limited amount of time for this meeting. We have planned time for questions, but please understand that minor changes can be made by staff later and that this is a good time for technical questions to the expetis of the consulting team. •, After a motion made by former Mayor Borno and a second fi·om Ms. Wanda Martin, the TAC voted unanimously on August 171h of 2016 in a recommendation to City Commission that the City move forward with the creation of a CRA. BUDGET: No additional budget expense for presentation. RECOMMENDATION: To get Commission consensus to move forward with creation of the CRA. ATTACHMENTS: Copy of the Maypoti Road Community Redevelopment Plan. REVIEWED BY CITY MANAGER: -~----"'-n--L.E__. -"t/dJ---"~'-·--'q'-_ ~a:&"""· ~~~'------------