AgendaCITY OF ATLANTIC BEACH
COMMISSION MEETING NOVEMBER 24, 2003
AGENDA
Call to order
Irivocation and pledge to the flag
L Approve minutes of the FOP Impasse Hearing of November 3, and Regular
Commission meeting of November 10, 2003
2. Courtesy of Floor to Visitors
3. UnSnished Business from Previous Meetings
A. City Manager's follow-up report
B. Report and possible action regazding speed bumps on Plaza
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 DESIItED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TOTHE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of the following monthly reports:New Occupational
Licenses, Public Safety, and Ufility Sales (City Manager)
B. Award annual contract in the amount of $47,906.25 to A Native Sun
Landscaping, for Landscape Maintenance for Public Works and Public Utilities
pursuant to the specifications of Bid No. 0304-5 (City Manager)
5. Committee Reports
A. Report from the. Tree Conservation Board
6. Action on Resolutions
A. Resolution No. 03-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
OPPOSING THE CREATION OF A STATE-WIDE WATER AUTHORITY,
PRIVATIZATION OF WATER RIGHTS, AND THE TRANSPORT OF
NORTH FLORIDA WATER RESOURCES TO CENTRAL. AND SOUTH
FLORIDA; PROVIDING AN EFFECTIVE DATE (City Commission)
7. AMion on Ordinances
A. Ordinance No. 20-03-63 Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004 (City Manager)
I
B. Ordinance No. 90-03-184 Public. Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ENACTING AMENDMENTS TO THE
ZONING, SUBDIVISION AND LAND DEVELOPMENT .REGULATIONS,
WHICH GENERALLY. AND SPECIFICALLY REGULATE THE USE AND
DEVELOPMENT OF LAND AND WATERS WITHIN. THE CITY OF
ATLANTIC BEACH, FLORIDA. SUCH REGULATIONS SHALL. BE RE-
ADOPTED BY REFERENCE AS ARTICLES I THROUGH IV OF CHAPTER
24 OF THE CODE OF ORDINANCES, AS PREVIOUSLY ADOPTED
THROUGH ORDINANCE NO. 90-03=182. THIS ORDINANCE ALSO
PROVIDES .FINDINGS OF FACT; SEVERABILITY, REPEAL OF
CONFLICTING ORDINANCES,'OR PORTIONS THEREOF AND PROVIDES
FOR AN EFFECTIVE DATE
8. Miscellaneous Business
A. Authorize the Mayor to execute an agreement with Oceanside Rotary Club for
fundraising in connection with a proposed Skate Park at Russell Park (City
Manager)
B. Report from Bob Kosoy on roundabout design for Seminole Road 5-way
intersection (City Manager)
9. City Manager
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
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 aze 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 Ameticans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact. the City Clerk by 5:00 PM,
Friday, November 21, 2003.
2
MINUTES OF THE HEARING HELD IN ATLANTIC BEACH COMMISSION CHAMBERS AT
5:00. PM ON MONDAY, NOVEMBER 3, 2003 TO SETTLE THE IMPASSE 1N NEGOTIATIONS
BETWEEN THE CITY DF ATLANTIC BEACH AND FRATERNAL ORDER OF POLICE
UNION
Present: John S. Meserve, Mayor
Richard M. Beaver, Commissioner
Mike Borno, Commissioner
Paul B. Parsons, Cornrnissioner
J. Dezmond Waters, III
Also: Jim Hanson,. City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
Gary Evans, 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 asked the City Attorney to explain the pazameters of aquasi-judicial hearing.:
Alan Jensen explained that a quasi judicial heazing was similar to a court case and that the City
Commission would make their decisions based on the evidencepresented to them by the City and
Union at this hearing.. Shade meetings were held and guidance was given to staffbut no decisions had
been made on the itemns at impasse. Both parties had waived the right to go to a Special Master for
resolution ofthe impasse and the matter was before the City Commission to resolve all issues.
The Mayor said each party would have thirty minutes to present its case and ten minutes would be
allowed for rebuttal, following which the public would be given an opportunity to address the City
Commission and would be 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:
L Wages (Article 26)
The City wished to retain Palmer and Cay merit pay system The pay scale would be.
.increased by 3% and employees with more than six months service to the City would receive
an increase equal to 6% of the new midpoint of the pay scale.
Detective Pay: The City proposed that Detectives receive a 10% increase.
Page Two
Minutes -.Impasse Hearing
November 3, 2003
2. Bonuses (Article 26)
Retain the employee performance bonus as a one-time bonus-that would be paid in addition to
the employee's regular pay.
3. Out of Position Pay (Article 26)
Retain the current policy. of paying an additional 5% to employees who were required to work
out of their normal work classification for a period of four hours or more.
4. Overtime (Article 17)
Change the current policy of paying overtime for hours worked that exceed the daily work
.shift and pay overtime for hours worked after 80 hours in a two-week period. Paid holidays,
paid compensatory time taken„personal leave taken and other approved leave taken, except
donated leave, to be included as "hours worked" for the purpose of overtime payment.
5. A. Promotions (Article 29)
Allow the City to determine the selection process to allow promotions to be based on the
most qualified applicant for the job.
B: Pay Increase -Promotion to Sergeant
Pay an additional 12% for promotion to Sergeant
6. Holidays (Article 12)
A. Change Employee's Birthday holiday to 8 hours of personal leave.
B. Currently employees who work 10-hour shifts receive 100 hours ofholiday paywh~le
employees who work 8-hour days receive 80 hours of holiday pay. Change this
section to pay all employees 80 hours of holiday pay.
7. Uniforms (Article 23)
Delete mandated uniform items. The City provides all police officers with the necessary and
required uniforms and equipment to perform their jobs.
8. Bulletin Boards (Article 22)
Change current policy to allow the City to remove inappropriate material from Union bulletin
boards.
Page Three
Minutes. -Impasse Heazing
November 3, 2003
9. FOP Time Pool (Article 6)
This time pool has not been used for many yeazs. Delete this outdated provision.
10. Effective Date (Article 33)
Mr'. Foster requested that the new contract become effective on November 10, 2003
A copy of Mr. Foster's handout is attached hereto as Exhibit A.
(Although not presented in the same order as the City's position, the Union's position on the issues
at impasse is set forth below irrthe same order as presented by the City).
Gary Evans presented the Union's position on the issues at impasse, as follows:
1. Article 26 Wages:
The Union proposed. to replace the Palmer and Cay pay plan with a step pay plan with 2%
step increments; provide all police officers with a "one-time" conversion pay adjustment to
enter the step plan based upon their current length of service; provide employees with a
longevity step pay increase of 2% on their anniversary dates; effective October 1, 2004,
provide a 4% pay increase plus a 2% longevity step increase; and Effective October 1, 2005,
provide. a 4% pay increase plus a 2% longevity step increase.
2. Article 26 Bonuses
The Union proposed that bonuses be included within an employee's base pay and not a one-
time payment.
3. Out of Position Pay (Article 26)
The Union requested that the rate of pay be increased from the current 5% to 15% when
employees are required to workout of their normal positions for a period of four hours, or
more.
4. Overtime (Article 17}
The Union supported the current policy of paying overtime for any hours worked that
exceeded the daily schedule.'
Page Four
Minutes -Impasse Hearing
November 3, 2003
5. A. Promotions (Article 29)
The Union supported retaining the current promotional process which requires that there
must be five eligible applicants before a written test could be given; applicants must have two
'years of service with the city; and upon completion ofthe testing procedure, the list ofthe top
five successful applicants would remain in effect for promotional purposes for a period oftwo
years.
6.
7
B. Pay Increase -Promotion to Sergeant
The Union requested that employees receive a 15% increase upon promotion to Sergeant
Holidays (Article 12)
A. Change Employee's Birthday holiday to Police Memorial Day, May 15
B. Provide 80 hours off with pay if an employee works an8-hour day and provide 100
hours off with. pay if an employee works a 10-hour day.
Uniforms (Article 23)
The Union requested that a dress hat with insignia; two long sleeve shirts and asnap-on tie be
added to the required uniform list.
8. Bulletin Boards (Article 22)
The Union supported retaining the current policy that provides that material posted on the
FOP bulletin board within the Police Department may only be removed by the FOP.
9. FOP Time Pool (Article 6)
The Union supported the current contractual language that allows police officers to donate.
leave time into a pool to be used by the Union Representative to attend meetings and training.
10. Effective Date (Article 33)
Mr. Evans requested. that the new contract be made retroactive to October 1, 2003.
A copy of Mr. Evans' handout is attached hereto as Exhibit B.
Page Five
Minutes -Impasse Hearing
November 3,2003
During rebuttal, Mr. Foster made the following points:
• Wages: A pay study was conducted to resolve pay issues and a new classification and pay
plan was implemented. Mr. Foster explained that the new plan would not perpetuate the pay
compression problems that had existed in the past. He said that comparisons with the other
beach cities had indicated that Atlantic Beach's pay scale was competitive until about the
seventh year. He said that while the pay plan would need to be modified over time, he
thought it was best for the City to stick with the plan. Mr. Foster said that exit interviews
were conducted with employees who le8 and found that pay was not the primary reason for
leaving.
Promotions: Based on the small number of officers, Mr. Foster said the city needed
flexibility to promote based on performance. He said that while seniority should be a
consideration, promotion should be based on performance.
• Holidays: The City currently has eleven holidays. Based on 10-hour days, police officers
..get 110 hours holiday pay.. The City proposes to reduce the holiday hours to 100. Mr. Foster
explained how holiday pay and overtime was paid to police officers who worked on a holiday.
• Uniforms: The City does not provide a Class A uniform which includes a hat, long sleeve
shirt and tie, for every officer. However, requests for Class A uniforms would be considered
on a case by case basis as needed.
• FOP Time Pool: If implemented; records would have to be maintained on a manual basis.
• Bulletin Board: The City felt that in the event the FOP Chairman was on leave, it may not
always be possible to remove inappropriate material in a timely manner and was, therefore,
requesting a change in the. current policy to allow management to remove any inappropriate
material.
During rebuttal, Mr. Evans made the following points:
• Mr. Evans said he appreciated that the City had made an effort to determine the cause of
turnover in the Police Department and understood that there was not as much of an
opportunity for promotion or for meeting. career goals in a small city like Atlantic Beach as'
there would be in a larger police department. He thought the implementation of a step pay
plan would help to make Atlantic Beach more competitive but pointed out that other cities
were currently negotiating new contracts following which, there would probably be a larger
discrepancy between Atlantic Beach and neighboring cities. He did not feel the Palmer and
Cay plan would keep pace with other cities and thought that Atlantic Beach should strive to
be one of the best places to work with one ofthe best paid police departments in the county,
which he said, would result in a larger pool of applicants when vacancies occurred.
Page Six.
Minutes - Impasse. Heazing
.November 3, 2003
Regarding promotions, he thought the city needed to have a fair procedure in which
promotions were not azbitrarily decided but one in which employees could compete fairly for
.promotions.
The Mayor opened the floor and invited comments from the audience.
• .John Murr said He had operated a business in Atlantic Beach for eighteen years and had
established a good relationship with the police department and would like to keep experienced
police officers who knew him and his business. He said he would be glad to contribute to the
cost:of the Class A uniforms if cost was the problem
• .Penny Reilly, 159 Third Street. said she was surprised to learn that Neptune .Beach police
officers were paid better than Atlantic Beach. She said she had called the Police Department
several times over the yeazs and would like to be able to keep experienced officers.
• Officer Raynor, Chairman of FOP Bargaining Unit, said that the. working conditions,
turnovers, and pay scale, impact the patrolmen who are trying to do their jobs. He thought
he need to continually train new officers affected the morale and physical stamina of officers.
He pointed out that some of the issues at impasse had been in the contract for many yeazs and
had not been a problem. He asked that the City not reduce any existing benefits.
• .Penny Kanvsh, 193 Beach Avenue, said the City should strive to retain experienced officers.
and not have to have the expense of training new officers.
• Detective Hatfield; noted that the City's position was to treat all. employees equally..
However,. he thought police officers. had a different and unique job and should be treated
accordingly.
• Jim Hutiliff said he knew several police officers who were actively looking for jobs but they
did not consider Atlantic Beach because of the pay scale, take home car policy, and
promotional opportunities. While the City may not be able to do much about the promotional
opportunities he thought the pay and benefits should be improved.
• Jody Richards, resident and business owner,. expressed concern regarding the cost of
turnover. She did not think that a 6% pay increase was excessive and thought the city should
compromise in other azeas to be able to retain experienced officers.
Since no one else wished to speak. the Mayor closed the public comments and the City Commission
addressed each issue individually.
Page Severn
Minutes -Impasse Heazing
November 3, 2003
1. Article 26 Wages
Commissioner Borno moved to adopt the City's position regarding wages. (Retain
Palmer and Cay merit pay system. The pay scale would be increased by 3% and employees
with more than six months service to the City would receive an increase equal to 6% of the
mid point ofthe pay scale. Detective to receive a 10% increase.) The motion was seconded
by Commissioner Parsons.
Discussion ensued and it was pointed out that the Palmer and Cay plan would be revisited
every 3-5 yeazs. Commissioner Waters did not support either the Palmer and Cay plan or the
Union proposal: He felt a compromise should be reached on the issuepfwages and said he
preferred a step plan.
Cornrnissioner Beaver asked if Atlantic Beach's rate of pay was lower than Neptune Beach.
Mr. Foster thought 4he pay in Atlantic Beach was comparable to Neptune Beach butnmdicated
that Neptune Beach police officers had received considerable increases in the past few years.
He pointed out that. pay raises .were given in Neptune Beach based. on the .completion of
vazious training. Dir. Thompson said he, too, had compazed the Neptune Beach pay scale
with Atlantic Beach and said that while the pay scales were comparable in the early yeazs;
.there was. a considerable disparity after about seven years. Commissioner Beaver feh that pay
was the major issue and challenged the City to aggressively look at ways. to make things
.better for the police and find ways to be able to afford a better rate ofpay.
Following further discussion it was agreed that the two proposals before the City Commission
were very different and Mr. Evans and Mr. Foster agreed they could continue negotiafions on
this issue if the City Commission wished. The Mayor said he was opposed to a step plan and
supported the City's position but agreed that the pay. of senior officers would have. to be
addressed.
Following further discussion, the. motion carried on a vote of 4-1 with Commissioner
Waters voting-nay.
2. Article 26 Bonuses
Commissioner Borno moved to accept the City's position regarding bonuses (Retainthe~
employee performance bonus as a one-time payment in addition to the employee's regular
pay).. The motion was seconded by Commissioner Parsons.
Following brief discussion the motion carved on a vote of 4-1 with Commissioner Waters
voting nay.
Page Eight
Minutes -Impasse Hearing
November 3, 2003
3. Out of Position Pay (Article 26)
Commissioner Borno moved to adopt the City's position regarding out of position pay.
(Retain the current policy of paying an additional5% to employees who were required to
work. out oftheir normal work classification for over four hours). The motion was seconded
by Commissioner Beaver.
Commissioner Borno inquired ifthis was a frequent occurrence and was advised that officers
frequently filled in for supervisors who were off.
The motion carried unanimously.
4. Overtime (Article 17)
Commissioner Waters moved to adopt the Union's proposal regarding overtime.
(Retain the current policy and pay overtime for hours. worked that exceed the daily work
shift). The motion was seconded by Commissioner Beaver.
Commissioner Borno .asked if the current policy was in compliance with. the Fair Labor
Standards Act and was .advised that the City's. policy was more generous than.FLSA
standazds required. Following further discussion, the motion failed on a unanimous vote.
Commissioner Beaver then moved to adopt the City's position regarding overtime.
(Pay overtime for hours worked after 80 hours in a two-week work period). The motion
was second. by Commission Borno and carried unanimously.
5. A. Promotions (Article 29)
Commissioner Beaver moved to adopt the City's position regarding promotions.
{Allow the City to promote the most qualified employee). The motion was seconded by
Commissioner Borno.
It was explained that this change would provide the Chief of Police the flexibility to establish
the criteria and procedures prior to the promotion cycle; depending upon the availability of
.officers. Mr. Foster explained that the current policy required that five officers be available.
before the test for promotion could be given and the Police Chief must then select the
individual for promotion from the top three without taking performance into consideration.
Director Thompson explained that longevity would always be a consideration in promotions.
Following fixrther discussion, the motion carried on a 3-2 vote with Commissioners Borno
and Waters voting Nay.
Page Nine
Minutes -Impasse Heazing
November 3, 2003
B. Pay Increase for promotion to Sergeant
Commissioner Borno moved to accept the City's position regarding pay increase for
promotion to Sergeant (Pay an additional 12% for promotion to Sergeant). The motion
was seconded by Commissioner Parsons and carried unanimously.
6. A. Holidays.-Birthday Holiday (Article 12)
Commissioner Waters moved to change the Employee's Birthday holiday to Police
Memorial Day (May 15). The motion died for lack of a second. Commissioner Beaver
then moved to adopt the City's position regarding the Birthday Holiday (Change
employee's Birthdayfrom Holiday to eight hours of Personal Leave). The motion was
seconded by Commissioner Parsons and carried on a vote of 4-1 with Commissioner
Waters voting nay.
B. Holidays (Article 12)
CommissionerParsonsrnoved to adopt the City's position regarding holiday hours. (All
full-time employees to be treated equally and provided with 80 hours of holiday hours offwith
pay). The motion was seconded by Commissioner Borno. In response to a question from
Commissioner Borno, Dir. Thompson explained that this action would reduce the holiday
'hours for police officers from 100 hours to 80 hours. Following brief discussion, on roll-call
vote the motion failed on a vote of 2 - 3 with Commissoner Parsons and Mayor
Meserve voting aye and Commissioners Beaver, Borno, and Waters voting nay.
Commissioner Bomo then moved to.adopt the Union proposal regarding holiday hours.
(Provide 80 hours of holiday hours off with pay if employee works an 8-hour day and 100
hours ofholiday hours offwith pay ifemployee works a 10-hour day). The motion carried
on a vote of 3 - 2 with Commissioners Beaver, Borno, and Waters voting aye and
Commissioner Parsons and Mayor Meserve voting nay.
7. Uniforms (Article 23)
Commissioner Waters moved to adopt the Union's proposal regarding uniforms (Add'
dress hat with. insignia, two long sleeve shirtsand asnap-on tie to the list of required uniform
items). The motion was seconded by Commissioner Borno.
Brief discussion ensued regarding the requested items and Dir. Thompson explained that he
would prefer to dispense with the list and to provide all officers with the uniform and
equipment items needed to perform the job. While it would be his intent to approve requests
for the additional items, he doubted that every officer would use, or request a Class A, dress
uniform Following brief discussion, the motion failed on a vote of 4-1 with Commissioner
Page Ten
Minutes -Impasse Hearing
November 3, 2003
Waters voting nay.. Commissioner Beaver then moved to adopt the City's position
regarding uniforms (Delete mandated items and allow the City to provide the uniform as
needed). The motion was seconded by Commissioner Parsons and carried unanimously.
Commissioner Borno requested that officers' requests for the Class A uniform items be
handled on an individual basis.
8: Bulletin Boards (Article 22)
Commissionerl3orno moved to adopt the City's. position regarding bulletin boards (City
to have the right to remove inappropriate material). The motion was seconded by
.Commissioner Parsons:
Discussion ensued and it was pointed out that it would not always be possible to remove
inappropriate material in a timely manner if the FOP representative was on leave or
unavailable for any other reason. However, it was felt that the Union may have concerns
about Union material being removed. Officer Raynor said that the bulletin board. was his
means of communicating with members and it was important for him to be able to track when
items were posted and removed from the board.
Following .further discussion, Commissioner Borno moved to amend the motion to
.require that any material removed from the bulletin board by the Police Chief be
delivered to the FOP representative. The motion and amended motion carried on a
vote of 3 - 2 with Commissioners Borno and Waters voting nay.
9: FOP. Time Pool (Article 6)
Commissioner Parsons moved for adoption of the City's position regarding FOP pool
time. (Delete FOP pool time provisions). The motion was seconded by Commissioner
Borno.
Discussion ensued and it was. pointed out that this provision had been included in the contract
for many years but it had not been used in a long time and that it would require manual
record-keeping to track the hours. Officer Raynor, however, pointed out that the pool time
allowed him to attend Union meetings and senvnars and to keep up with FOP education and
training without depleting his personal leave time, and indicated that the Union would be
willing to track the hours in the pool.
Following further discussion, the motion failed on a vote of 1-4 with Commissioner
Parsons voting yea, and the Mayor and Commissioners Beaver, Borno, and Waters
voting nay.
Page Eleven `
Minutes -Impasse Hearing
November 3; 2003
Commissioner Beaver then moved to accept the Union's proposal regarding FOP time
pool (Retain the current provisions). The motion was seconded by Commissioner Waters
and carried on a 4-1 vote with Commissioner Parsons voting nay..
10. Effective Date (Article 33)
The Mayor recommended that the contract become effective tonight. Commissioner Waters
moved that the wage. part of the contract be retroactive to October 1 and all other parts
of the contract become effective November. 10. The motion was seconded by
Commissioner Beaver. Following brief discussion, the motion carried unanimously.
In further discussion Commissioner Waters suggested that the FOP contract. be compared with
Neptune Beach's contract. He said he was concerned with. the turnover and thought this should be
discussed in the City Commission's next strategic planning session. Officer Raynor referenced a
committee that was formed to review employee benefits and requested that the FOP be advised of
such activities in the future.
Commissioner Waters also inquired why the handouts that were provided this evening could not have
been made available to Commissioners before the meeting so they would have been able to compare
the Union and City's proposals. Ivlr. Foster advised that when an impasse is declared, Florida law
prohibited the distribution of such material and said. that Commissioners must make their decisions
based on the evidence presented by both sides at the impasse hearing.
The Mayor declared the impasse resolved and adjourned the meeting 7:55 p.m
ATTEST:
John S. Meserve
Mayor/Presiding Officer
Maureen King, CMC
City Clerk