AgendaCITY OF ATLANTIC BEACH
8:00 PM, TUESDAY, NOVEMBER 4, 2003
AGENDA
RETIRING COMMISSION
Call to order
Invocation and Pledge to the Flag
1. Approval of the minutes of the Impasse Hearing and Regular Commission meetings of
October 27, 2003
2. Recognition of visitors
3. Any other business
4. Reports and/or comments from City Commissioners, City Manager, City Attorney, and
City Clerk
Adjournment
NEW COMMISSION
Oath of office (Seats 1, 2, and 3) -City Clerk
Call to order
1. Recognition of Retiring Commission
2. Any other business
3. Comments from Mayor and New Commissioners
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M.
ON MONDAY, OCTOBER 27, 2003
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by the Mayor was followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Regular Commission meeting
of October 13, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of October 13, as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
A. Presentation of Incentive Check to Petticoat
Contracting and presentation to Neil Aikenhead and
GAI, for the Core City Improvement Project
The Mayor announced that Petticoat Contracting, Inc., the contractor in
the Core City Improvement Project, had completed the project within the
budget, and had qualified for the incentive payment for early completion
of the project that was included in the contract. The Mayor presented a
check for $200,000 to Elaine Jones, President of the company. Other
members of the contractor's staff present included Al Funchess, Kevin
Grant, and Jeff Hardwick. The Mayor complimented the contractor for
working so well with the city and the citizens and presented them with an
"Outstanding Customer Service Award" that included "The Count," the
turtle logo that was used to identify the project.
The Mayor also presented the following awards that included the turtle
logo:
V V
O O
T T
E E
S S
M S
O E
T C
I O Y
O N E N
COMMISSIOIv'ERS N D S O
BEAVER X X
BORNO X X
PARSONS X
WATERS X
MESERVE X
Minutes Page -2-
October 27, 2003
"Got to Make Everybody Happy" award was presented to Greg Nettuno
of GAI Consultants-Southeast, Inc., the firm that performed the
Construction Engineering and Inspection services.
"It Actually Works" award was presented to Neil Aikenhead, the
engineer on the project. The Mayor listed many of the obstacles that Mr.
Aikenhead was able to overcome and thanked him for his innovative
approach to the project.
"Pulling the Plug" award was presented to Bob Kosoy, Public Works
Director, for coordinating this successful project.
"Cartoon Character" award was presented to Commissioner Paul Parsons
who suggested the use of the turtle logo to provide public awareness and
promote public cooperation during the Core City project.
Agenda Items 6A and 6B where taken out of order and acted upon at
this time
6A. Resolution No. 03-12
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
IN MEMORY OF RAYMOND L. DAGLEY, SR.
The Mayor presented Resolution No. 03-12 to members of the Dagley
family who were in the audience with the thanks of the City Commission
for Mr. Dagley's service to the community.
6B Resolution No. 03-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
HONORING SANDY AND ALLISON FORSYTH AS
OUTSTANDING CITIZENS IN ATLANTIC BEACH
The Mayor presented Resolution No. 03-13 to Sandy Forsyth and
commended Sandy and Allison Forsyth for their contributions of time
and money, to the community.
Motion: Adopt Resolution No. 03-12 and 03-13
The motion carried unanimously.
J.P. Marchioli, 414 Sherry Drive, commented on the following: (1)
His wife did not like the new crosswalk on Sherry Drive, (2) stated he
had received no action in response to his petition requesting a reduction
of the speed limit on Sherry Drive, (3) noted that a recommendation was
made some years ago to build a parking garage and wondered why the
garage was never built, (4) thought that the St. Johns River Water
Management District's rules regarding water conservation were intended
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X X
BORNO x x
PARSONS X
WATERS X
MESERVE X
Minutes Page -3-
October 27, 2003
to prevent waste and thought small users should not be penalized, (5)
noted that beach accesses in Fernandina Beach were paved all the way to
the ocean and thought that the beautification of beach accesses in
Atlantic Beach caused a "bottle neck," and (6) noted that there was a sign
indicating that there were speed bumps on Plaza when, in fact, there were
no speed bumps on Plaza.
Mr. Pittinger, Scout Leader for Troop 279, introduced members of his
staff, Eagle Scouts and others working to become Eagle Scouts.
Sandy Forsyth, 2345 Seminole Reach Court, made reference to the
parking problems at the 10~' Street condominiums and the Town Center
area and said he hoped the city Commission would not give up public
parking spaces for private use. He suggested a possible solution may be
for the city to either sell or exchange property for parking or partner with
the Sea Turtle Inn to build a parking garage. Mr. Forsyth also suggested
that the city create additional parking by clearing obstructions from the
city rights-of--way.
Jim Naughton, 1719 Beach Avenue, suggested the City consider
constructing a traffic round-about at the five-way stop at
Seminole/Sherry/Plaza intersection. He thought it would create a city
landmark and would help traffic flow. He said he has compared the size
of the intersection in Atlantic Beach with roundabouts in Fernandina and
has concluded that there is sufficient room at the intersection fora round-
about.
Susan Snead, 261 Beach Avenue, thought that Animal Control Officers
should use good judgment when issuing citations and focus more on
animals running at large rather than on unleashed dogs that were walking
with their owners. She said the city needed to make sure that clean-up
bags were available at beach accesses.
Rita Giblin, 40 11th Street, urged the City Commission to preserve
public parking spaces. She did not support leasing or allowing public
parking spaces to be used for a private use. She also urged the City
Commission to recapture as many parking spaces as possible by
removing obstacles that had been placed on the rights-of--way by property
owners.
3. Unfinished Business from Previous Meetings
A. Action on a report by the City Manager regarding 10th
Street Parking
The City Manager summarized his written report regarding solutions to
the parking problems experienced by the residents at Island Club
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
Minutes Page -4-
October 27, 2003
Condominiums on 10~' Street. A copy of Mr. Hanson's report is attached
to this official record as Attachment A. Mr. Hanson reported that
considerable research had been done on this issue a few years ago and a
recommendation was made to lease spaces to the property owners;
however, the property owners were unwilling to pay the suggested
$500.00 annual lease fee.
Discussion ensued and Commissioner Waters said he did not think that
leasing parking spaces was the best option and said he preferred the
residential parking permit program that was used some years ago.
Following further discussion, John Scott, a resident of the
condominiums, said he would work with other residents to come up with
solutions to bring back to the City Commission for consideration.
B. Ocean Boulevard Speed Complaint Report
Public Safety Director Thompson summarized his written report which is
attached hereto as Attachment B. Dir. Thompson provided statistical
information regarding traffic counts and speeds which indicated one
vehicle traveling in excess of 35 MPH every 1.5 hours. He said there
was not a high incidence of traffic crashes on Ocean Boulevard and while
the Police Department would continue to enforce the traffic laws, he did
not think there was any public safety reason to reduce the speed limit on
Ocean Boulevard.
No action was taken on this matter.
C. Traffic Report on 300 Block of Plaza
Public Safety Director Thompson summarized his written report which is
attached hereto as Attachment C. Dir. Thompson provided statistical
information regarding traffic counts, speed, and crash data. He said that
the traffic data did not indicate any public safety condition that would
justify adding speed bumps.
No action was taken on this matter.
4. Consent Agenda:
A. Acknowledge Receipt of the following monthly
report: Public Safety Department (City Manager)
B. Approve one-year extension of the contract with
The Kurtis Group for newsletter services at
process submitted in RFP #0102-2 (City Clerk)
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
Minutes Page -5-
October 27, 2003
Motion: Approve Consent Agenda Items A & B
as presented.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory
Committee, presented a report on behalf of the committee. He said
the committee was very active and had many good ideas and was
trying to find activities for all ages. He reported the following: The
concrete sculpture is complete and is being shipped and should
arrive before Thanksgiving; 45-50 people attended the YMCA
summer program; Acoustic Nights have been very successful and
will take a break after November and start up again in the spring; A
Songwriters' Night was started; Alice Gartland's art work is on
display in Adele Grage Center in conjunction with the committee's
Art in Public Places program; another Laughter Workshop has been
scheduled; the Teen Council has participated in several outings and
programs; yoga classes are well supported; the committee is hoping
to expand Senior Appreciation Day activities; and has initiated plans
to place a bronze sculpture somewhere in the city.
The City Commission complimented the committee on the work
they are doing.
Commissioner Parsons provided information about the "Seacows for
Kids" program that is being developed in connection with the Super
Bowl.
6. Action on Resolutions:
Resolution Nos. 03-12 and 03-13 were taken up earlier in the
meeting. (See Page 2)
7. Action on Ordinances
None
8. Miscellaneous Business
A. Action on the recommendation of the Public Safety
Department to Expand the Police "Take Home Car"
Program (City Manager)
M
O
T
I
O
COMMISSIONERS N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
Minutes Page -6-
October 27, 2003
Motion: Modify the boundaries in which police
officers must live to qualify for take-home cars to
include areas within five miles of the city limits of
Atlantic Beach
Public Safety Director explained that the Take Home Care program was
instituted in 1996 to make the Atlantic Beach Police Department
competitive with neighboring communities. He said he wished to modify
the program to allow take-home vehicles within afive-mile radius of the
city limits which would bring the Atlantic Beach program into line with
the other beach cities. Dir. Thompson's report is attached as
Attachment D.
Following brief discussion the motion carried unanimously.
B. Award afive-year contract for Fleet Management and
Vehicle Maintenance Services to First Vehicle Services
for a target of $202,350.00 pursuant to the
specifications of Bid #0304-1 (City Manager)
Motion: Award afive-year contract for Fleet
Management and Vehicle Maintenance Services to
First Vehicle Services for a target of $202,350.00
pursuant to the specifications of Bid #0304-1
There was no discussion and the motion carried unanimously.
9. City Manager
City Manager Hanson reported on the following items:
• Staff has determined that the life of the trash cans in the
Town Center area could be extended several years by
replacing the tops and having the bottoms repainted by city
painters. Mismatched cans would be replaced. Unless
Neptune Beach has any objections, staff intends to proceed
with the rehabilitation of the trash cans and replace only the
odd cans with cans that have the new style tops.
• The new City Commission will be sworn into office at 8:00
p.m. on Tuesday, November 4, 2003. A photographer will
be present at 7:00 p.m. to take both group and individual
photos.
• Both Neptune Beach and Atlantic Beach have budgeted
funds in the 2003/2004 budget for the Welcome sign on
Atlantic Boulevard. Neptune Beach officials did not like the
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X X
BORNO x x
PARSONS X
WATERS X
MESERVE X
BEAVER X
BoRNO x x
PARSONS X
WATERS X X
MESERVE X
Minutes Page -7-
October 27, 2003
design that had been submitted and are hoping to have a
design contest. They have requested the Department of
Transportation rules to make sure that entries will comply
with the regulations.
• Additional signage will be installed to notify motorists that
pedestrians have the right-of--way on pedestrian crosswalks.
• Atlantic Beach was awarded the Ribault Garden Club
Business of the Month award for the landscaped area at the
five-way stop.
• A meeting has been scheduled for 5:00 p.m. on Monday,
November 3, 2003, to act on the impasse items in the Police
Union contract.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Beaver:
• Thought the City should recognize Alan Dickinson,
developer of the North Beach Center, for transforming a
neglected piece of commercial property into a very attractive
project.
Commissioner Borno:
• Announced that the first meeting of the Town Center Parking
Study Committee would be held at 8:00 a.m. the following
morning.
Commissioner Parsons:
• Suggested that the material from the round-about study that
was done several years ago be provided to Mr. Naughton and
was advised that this material had already been given to Mr.
Naughton.
• Inquired whether the animal control ordinance allowed dogs
to be off their leash if the dogs were swimming and the
owner was walking in the water and Dir. Thompson advised
that the ordinance provided that if dog and owner were in the
water together the dog could swim unleashed. However, the
ordinance specifically states "This shall not include walking
the dog in the water."
Commissioner Waters:
• Supported Mr. Naughton's position on the traffic round-
about and hoped the city would revisit the issue
• Agreed that pet owners who do not clean up after their pets
create intolerable conditions for others; the City Manager
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
Minutes Page -8-
October 27, 2003
advised that plastic bags were used and replaced by pet
owners.
Mayor Meserve:
• Provided Commissioners with information regarding
partnering with Atlantic Beach Elementary School and hoped
they would review the material and consider ways this could
be done.
There being no further discussion or business to come before the
City Commission, the Mayor declared the meeting adjourned at
8:50 p.m.
John Meserve
Mayor/Presiding Officer
Attest:
Maureen King
Certified Municipal Clerk
OMMLSSIONERS M
O
z
I
O
N S
E
c
O
N
D
Y
E
S
N
O
MINUTES OF THE HEARING HELD IN ATLANTIC BEACH COMMISSION CHAMBERS AT
5:00 PM ON MONDAY, OCTOBER 27, 2003 TO SETTLE THE IMPASSE IN NEGOTIATIONS
BETWEEN THE CITY OF ATLANTIC BEACH AND THE NORTHEAST FLORIDA PUBLIC
EMPLOYEES' LOCAL 630 LIUNA, AFL-CIO "BLUE COLLAR" UNION
Present: John S. Meserve, Mayor
Richard M. Beaver, Commissioner
Mike Borno, Commissioner
Paul Parsons, Commissioner
J. Dezmond Waters, III
Also: Jim Hanson, City Manager
Alan C. Jensen, City Attorney (5:30 p.m.)
Maureen King, City Clerk
Beau Worsham, Union Negotiator
George Foster, City Negotiator
The Mayor called the meeting to order and explained that the parties were at impasse on several
issues and both parties had waived the right to go to a Special Master for resolution. The matter was
therefore, brought before the City Commission to resolve all issues.
The Mayor indicated that each party would have thirty minutes to present its case and ten minutes
would then be allowed for rebuttal, following which the public would be given an opportunity to
address the City Commission and were asked to limit their remarks to two minutes. The City
Commission would then act on the issues at impasse.
George Foster presented the City's position on the issues at impasse, as follows:
Article 29.3 Mr. Foster said it was the City's wish to hire and promote the most qualified
applicants, regardless of seniority.
2. Article 29.1 The City wished to advertise vacancies based on the needs of the City while
the union wanted union positions to be advertised internally for five days before advertising
outside. Mr. Foster thought that this slowed the hiring process unnecessarily.
3. Article 17.2 Union employees are paid overtime for any hours worked beyond their regular
daily schedule. The City wished to change this to pay overtime on any hours worked after a
40-hour work week.
4. Article 12.9 Currently employees who are scheduled to work 10-hour shifts receive 100
hours ofholiday pay while employees who work 8-hour days receive 80 hours ofholidaypay.
The City wishes to pay all employees 80 hours ofholiday pay.
Page Two
Minutes -Impasse Hearing
October 27, 2003
5. Article 9.9 The current contract provides that written warnings can only be retained and
used in disciplinary actions for one year. Similarly, written reprimands can only be retained
and used in disciplinary actions for two years. The City wished to delete the time periods that
such warnings or reprimands could be used.
6. Article 16.2 The current contract provides that an employee may receive three calendar
days offwith pay in the event of a death in the employee's immediate family. The City wished
to delete "first cousin, uncle or aunt" from the definition of "immediate family."
7. Article 34 Mr. Foster estimated that the contract could be rewritten and brought before
the City Commission by their first meeting in November (November 10) and requested that
the contract become effective on that date.
Mr. Worsham asked that the City Commission vote on each issue separately, and then presented the
Union's position on the above seven issues, as follows:
(For easier comparison, while not presented in the same order as the City's position, the Union's
position on the issues at impasse is set forth below in the same order as presented by the City).
(Mr. Worsham's Exhibit E, attached). Mr. Worsham felt that employees with longer service
to the City should be rewarded by being promoted if they met the minimum requirements for
the job they were seeking. In the absence of a written examination he felt that employees
should be promoted based on seniority.
2. (Exhibit E, attached). Mr. Worsham felt that current employees should receive first
consideration when vacancies occur and supported the current policy ofadvertising vacancies
in-house before advertising them outside. He said as long as seniority of current employees
was taken into consideration, whether vacancies were advertised in-house or outside was not
a mayor issue.
(Exhibit D attached). Mr. Worsham supported the current policy of paying overtime for any
hours worked that exceeded the daily schedule.
4. (Exhibit B attached). Mr. Worsham supported the current policy that provides that
employees who work 8-hour days receive 80 hours of paid holidays while employees who
work 10-hours days receive 100 hours of paid holidays. Mr. Worsham also provided
language from the Union contracts of the City of Neptune Beach, Jacksonville Beach,
Jacksonville, and the JEA to show how holiday pay was handled by those organizations..
(Exhibit A) attached). Mr. Worsham supported the current policy which provides that written
warnings cannot be used for evaluation purposes after one year and written reprimands cannot
Page Three
Minutes -Impasse Hearing
October 27, 2003
be used for evaluation purposes after two years. He thought that an employee who had not
received warnings or reprimands in the stated periods should be given an opportunity to
establish a clean record. Mr. Worsham also provided language from the Union contracts of
the City of Neptune Beach, Jacksonville, JEA and the Town of Orange Park to show how
those organizations handled disciplinary actions.
6. (Exhibit C attached). Mr. Worsham said he saw no reason to change the bereavement policy
that had worked for several years, and in any event, there were very few incidences of
employees receiving bereavement leave for first cousins, uncles, or aunts.
7. (Exhibit F attached). Mr. Worsham requested that the new contract be made retroactive to
October 1, 2003.
The written material provided by the City and the Union is attached to this official record as
Attachment 1 and Attachment 2 respectively.
Following rebuttal by both parties, the Mayor opened the floor and invited comments from the
audience. Since no one spoak the Mayor closed the floor to public comments.
The City Commission then agreed to address each issue individually.
1. Hiring & Promotions (Article 29.3)
During discussion, Commissioner Waters said in the absence of a written test he thought seniority
should be considered; however, Mr. Foster pointed out that it would be difficult to have a writtentest
for such activities as painter, heavy equipment operator, building maintenance and others. In further
discussion the Commissioners agreed that while seniority was an important consideration and the City
would always consider a long term City employee, management needed the flexibility to hire the best
employees for the job.
Commissioner Borno moved to adopt the City's proposal regarding hiring and promotions.
(Hire and promote the most qualified applicant, not necessarily the most senior applicant). The
motion was seconded by Commissioner Parsons and on roll-call vote, the motion carried on a
vote of 4-1 with Commissioners Beaver, Borno, Parsons and Mayor Meserve voting aye and
Commissioner Waters voting nay.
2. Advertising (Article 29.1}
Commissioner Beaver moved to adopt the City's proposal regarding advertising job vacancies.
Page Four
Minutes -Impasse Hearing
October 27, 2003
(Dispense with the 5-day in-house requirement and advertise vacancies based on the needs of the
City). The motion was seconded by Commissioner Borno
Following brief discussion of the current hiring procedures, on roll-call vote the motion carried on
a vote of 3-2 with Commissioners Borno and Parsons and Mayor Meserve voting aye and
Commissioner Beaver and Waters voting nay.
3. Overtime (Article 17.2)
Commissioner Beaver moved to adopt the City's proposal on overtime (pay overtime after 40
hours worked, not on a daily basis). The motion was seconded by Commissioner Borno.
Commissioner Waters thought that the City's proposal did not provide as much flexibility for
employees as it did for the City, and that it would be cheaper for the City to pay overtime than to hire
part-time employees. Following further discussion, on roll-call vote, the motion carried on a vote
of 4-1 with Commissioners Beaver, Borno, Parsons and Mayor Meserve voting aye and
Commissioner Waters voting nay.
4. Holidays (Article 12.9)
Commissioner Borno moved to adopt the City's proposal on paid holidays (All full-time
employees to receive 80 hours of paid holiday). The motion was seconded by Commissioner
Parsons. Discussion ensued regarding whether the City changed its position on this issue after
agreement had been reached between the Union and the City. Mr. Foster explained that tentative
agreement was reached on this issue during negotiations but when action was taken to change the
Employee's Birthday holiday to personal leave, the tentative agreement was withdrawn. On roll-call
vote, the motion carried on a vote of 3-2 with Commissioners Borno, Parsons and Mayor
Meserve voting aye and Commissioners Beaver and Waters voting nay.
5. Warnings and Reprimands (Article 9.9)
Commissioner Borno moved to adopt the City's proposal regarding written warnings and
written reprimands. (Delete the one and two year limit on written warnings and written reprimands,
respectively, and allow the City to utilize warnings and reprimands based upon an evaluation of all the
facts). The motion was seconded by Commissioner Beaver. Commissioner Borno thought that
while written reprimands and warnings may not be used as a basis for evaluation if an employee has
established a good work record, such reprimands and warnings should remain as a matter of record
throughout the employee's tenure with the City. On roll-call vote, the motion carried on a vote of
4-1 with Commissioners Beaver, Borno, Parsons and Mayor Meserve voting aye and
Commissioner Waters voting nay.
Page Five
Minutes -Impasse Hearing
October 27, 2003
6. Bereavement Leave (Article 16.2)
Commissioner Beaver moved to adopt the City's proposal regarding bereavement leave.
(Delete first cousin, aunt or uncle from the definition of family). The motion was seconded by
Commissioner Borno. Following brief discussion, on roll-call vote, the motion carried on a vote
of 3-2 with Commissioners Beaver, Borno, and Parsons, voting aye and Commissioner Waters
and Mayor Meserve voting nay.
7. Effective Date (Article 34)
The Mayor suggested that the contract be made effective this date if all issues were resolved. Mr.
Worsham requested that the contract be made retroactive to October 1. Mr. Foster said that while
pay issues could be calculated retroactively, it would be very difficult to make some administrative
changes retroactive to October 1.
Commissioner Waters moved to make pay retroactive to October 1, 2003, with all other issues
to become effective this date. On roII-call vote, the motion carried unanimously.
The Mayor declared the impasse resolved and adjourned the meeting 6:35 p.m.
John S. Meserve
Mayor/Presiding Officer
ATTEST:
Maureen King, CMC
City Clerk
MINUTES OF THE HEARING HELD IN ATLANTIC BEACH COMMISSION CHAMBERS AT
5:00 PM ON MONDAY, OCTOBER 27, 2003 TO SETTLE THE IMPASSE IN NEGOTIATIONS
BETWEEN THE CITY OF ATLANTIC BEACH AND THE NORTHEAST FLORIDA PUBLIC
EMPLOYEES' LOCAL 630 LIUNA, AFL-CIO "BLUE COLLAR" UNION
Present: John S. Meserve, Mayor
Richard M. Beaver, Commissioner
Mike Borno, Commissioner
Paul Parsons, Commissioner
J. Dezmond Waters, III
Also: Jim Hanson, City Manager
Alan C. Jensen, City Attorney (5:30 p.m.)
Maureen King, City Clerk
Beau Worsham, Union Negotiator
George Foster, City Negotiator
The Mayor called the meeting to order and explained that the parties were at impasse on several
issues and both parties had waived the right to go to a Special Master for resolution. The matter was
therefore, brought before the City Commission to resolve all issues.
The Mayor indicated that each party would have thirty minutes to present its case and ten minutes
would then be allowed for rebuttal, following which the public would be given an opportunity to
address the City Commission and were asked to limit their remarks to two minutes. The City
Commission would then act on the issues at impasse.
George Foster presented the City's position on the issues at impasse, as follows:
1. Article 29.3 Mr. Foster said it was the City's wish to hire and promote the most qualified
applicants, regardless of seniority.
2. Article 29.1 The City wished to advertise vacancies based on the needs of the City while
the union wanted union positions to be advertised internally for five days before advertising
outside. Mr. Foster thought that this slowed the hiring process unnecessarily.
3. Article 17.2 Union employees are paid overtime for any hours worked beyond their regular
daily schedule. The City wished to change this to pay overtime on any hours worked after a
40-hour work week.
4. Article 12.9 Currently employees who are scheduled to work 10-hour shifts receive 100
hours of holiday pay while employees who work 8-hour days receive 80 hours of holiday pay.
The City wishes to pay all employees 80 hours of holiday pay.
Page Two
Minutes -Impasse Hearing
October 27, 2003
5. Article 9.9 The current contract provides that written warnings can only be retained and
used in disciplinary actions for one year. Similarly, written reprimands can only be retained
and used in disciplinary actions for two years. The City wished to delete the time periods that
such warnings or reprimands could be used.
6. Article 16.2 The current contract provides that an employee may receive three calendar
days offwith pay in the event of a death in the employee's immediate family. The City wished
to delete "first cousin, uncle or aunt" from the definition of "immediate family."
7. Article 34 Mr. Foster estimated that the contract could be rewritten and brought before
the City Commission by their first meeting in November (November 10) and requested that
the contract become effective on that date.
Mr. Worsham asked that the City Commission vote on each issue separately, and then presented the
Union's position on the above seven issues, as follows:
(For easier comparison, while not presented in the same order as the City's position, the Union's
position on the issues at impasse is set forth below in the same order as presented by the City).
1. (Mr. Worsham's Exhibit E, attached). Mr. Worsham felt that employees with longer service
to the City should be rewarded by being promoted if they met the minimum requirements for
the job they were seeking. In the absence of a written examination he felt that employees
should be promoted based on seniority.
2. (Exhibit E, attached). Mr. Worsham felt that current employees should receive first
consideration when vacancies occur and supported the current policy ofadvertising vacancies
in-house before advertising them outside. He said as long as seniority of current employees
was taken into consideration, whether vacancies were advertised in-house or outside was not
a major issue.
3 (Exhibit D attached). Mr. Worsham supported the current policy of paying overtime for any
hours worked that exceeded the daily schedule.
4. (Exhibit B attached). Mr. Worsham supported the current policy that provides that
employees who work 8-hour days receive 80 hours of paid holidays while employees who
work 10-hours days receive 100 hours of paid holidays. Mr. Worsham also provided
language from the Union contracts of the City of Neptune Beach, Jacksonville Beach,
Jacksonville, and the JEA to show how holiday pay was handled by those organizations..
5. (Exhibit A) attached). Mr. Worsham supported the current policy which provides that written
warnings cannot be used for evaluation purposes after one year and written reprimands cannot
Page Three
Minutes -Impasse Heazing
October 27, 2003
be used for evaluation purposes after two years. He thought that an employee who had not
received warnings or reprimands in the stated periods should be given an opportunity to
establish a clean record. Mr. Worsham also provided language from the Union contracts of
the City of Neptune Beach, Jacksonville, JEA and the Town of Orange Pazk to show how
those organizations handled disciplinary actions.
6. (Exhibit C attached). Mr. Worsham said he saw no reason to change the bereavement policy
that had worked for several years, and in any event, there were very few incidences of
employees receiving bereavement leave for first cousins, uncles, or aunts.
7. (Exhibit F attached). Mr. Worsham requested that the new contract be made retroactive to
October 1, 2003.
The written material provided by the City and the Union is attached to this official record as
Attachment 1 and Attachment 2 respectively.
Following rebuttal by both parties, the Mayor opened the floor and invited comments from the
audience. Since no one spoak the Mayor closed the floor to public comments.
The City Commission then agreed to address each issue individually.
1. Hiring & Promotions (Article 29.3)
During discussion, Commissioner Waters said in the absence of a written test he thought seniority
should be considered; however, Mr. Foster pointed out that it would be difficult to have awrittentest
for such activities as painter, heavy equipment operator, building maintenance and others. In further
discussion the Commissioners agreed that while seniority was an important consideration and the City
would always consider a long term City employee, management needed the flexibility to hire the best
employees for the job.
Commissioner Borno moved to adopt the City's proposal regarding hiring and promotions.
(Hire and promote the most qualified applicant, not necessarily the most senior applicant). The
motion was seconded by Commissioner Parsons and on roll-call vote, the motion carried on a
vote of 4-1 with Commissioners Beaver, Borno, Parsons and Mayor Meserve voting aye and
Commissioner Waters voting nay.
2. Advertising (Article 29.1)
Commissioner Beaver moved to adopt the City's proposal regarding advertising job vacancies.
Page Four
Minutes -Impasse Hearing
October 27, 2003
(Dispense with the 5-day in-house requirement and advertise vacancies based on the needs of the
City). The motion was seconded by Commissioner Borno
Following brief discussion of the current hiring procedures, on roll-call vote the motion carried on
a vote of 3-2 with Commissioners Borno and Parsons and Mayor Meserve voting aye and
Commissioner Beaver and Waters voting nay.
3. Overtime (Article 17.2)
Commissioner Beaver moved to adopt the City's proposal on overtime (pay overtime after 40
hours worked, not on a daily basis). The motion was seconded by Commissioner Borno.
Commissioner Waters thought that the City's proposal did not provide as much flexibility for
employees as it did for the City, and that it would be cheaper for the City to pay overtime than to hire
part-time employees. Following further discussion, on roll-call vote, the motion carried on a vote
of 4-1 with Commissioners Beaver, Borno, Parsons and Mayor Meserve voting aye and
Commissioner Waters voting nay.
4. Holidays (Article 12.9)
Commissioner Borno moved to adopt the City's proposal on paid holidays (All full-time
employees to receive 80 hours of paid holiday). The motion was seconded by Commissioner
Parsons. Discussion ensued regarding whether the City changed its position on this issue after
agreement had been reached between the Union and the City. Mr. Foster explained that tentative
agreement was reached on this issue during negotiations but when action was taken to change the
Employee's Birthday holiday to personal leave, the tentative agreement was withdrawn. On roll-call
vote, the motion carried on a vote of 3-2 with Commissioners Borno, Parsons and Mayor
Meserve voting aye and Commissioners Beaver and Waters voting nay.
5. Warnings and Reprimands (Article 9.9)
Commissioner Borno moved to adopt the City's proposal regarding written warnings and
written reprimands. (Delete the one and two year limit on written warnings and written reprimands,
respectively, and allow the City to utilize warnings and reprimands based upon an evaluation of all the
facts). The motion was seconded by Commissioner Beaver. Commissioner Borno thought that
while written reprimands and warnings may not be used as a basis for evaluation if an employee has
established a good work record, such reprimands and warnings should remain as a matter of record
throughout the employee's tenure with the City. On roll-call vote, the motion carried on a vote of
4-1 with Commissioners Beaver, Borno, Parsons and Mayor Meserve voting aye and
Commissioner Waters voting nay.
Page Five
Minutes -Impasse Hearing
October 27, 2003
6. Bereavement Leave (Article 16.2)
Commissioner Beaver moved to adopt the City's proposal regarding bereavement leave.
(Delete first cousin, aunt or uncle from the definition of family). The motion was seconded by
Commissioner Borno. Following brief discussion, on roll-call vote, the motion carried on a vote
of 3-2 with Commissioners Beaver, Borno, and Parsons, voting aye and Commissioner Waters
and Mayor Meserve voting nay.
7. Effective Date (Article 34)
The Mayor suggested that the contract be made effective this date if all issues were resolved. Mr.
Worsham requested that the contract be made retroactive to October 1. Mr. Foster said that while
pay issues could be calculated retroactively, it would be very difficult to make some administrative
changes retroactive to October 1.
Commissioner Waters moved to make pay retroactive to October 1, 2003, with all other issues
to become effective this date. On roll-call vote, the motion carried unanimously.
The Mayor declared the impasse resolved and adjourned the meeting 6:35 p.m.
John S. Meserve
Mayor/Presiding Officer
ATTEST:
Maureen King, CMC
City Clerk