The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 09B_09/18/2003 TEQUESTA POLICE DEPARTMENT ,��UESp , 357 Tequesta Drive � � Post Office Box 3273 A pEP�� Tequesta, Florida 33469-0273 �� ' � Phone: (561) 575-6210 Stephen J. Allison Fax: (561) 575-6218 Accredited 2000 Chief of Police MEMORANDUM TO: Mr. Michael Couzzo, Village Manager FROM: Katherine Hatos, Administrative Secreta�� DATE: September 5, 2003 RE: Palm Beach County P.B.A. Information Per Chief Allison's request, I am forwarding the enclosed Palm Beach County P.B.A. information for your review. .'� PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, iNC. PALM BEACH COUNTY _ t ADMWISTRATTVE OFFICES MAILING ADDRESS o 2100 N. Florida Mango Road � 2100 N. Florida Mango Road West Palm Beach, FL 33409-6400 9 West Palm Beach, FL 33409-6400 (561) 689-3745 (561) 689-3745 (561) 687-0154 Fax March 27, 2003 To: A!i Survey Participants From: Gail Seldomridge, Legal Assistant Re: 2003 Law Enforcement Salary and Benefit Survey The PBA would like to thank you for your participation in our annuai Law Enforcement Salary and Benefit Survey this year. As requested, enclosed please find a copy of our Survey for your review. Again, we thank you for your cooperation and attention to this endeavor. The Voice of Palm Beach County's Law Enforcement F,mest W. Georee. President - Robert Pmvost. Vlcc-Pmsidcnt - Arthur Apicelta, Secretary-Treas-urcr POLICE OFFICER STARTING S�lLARY CC)AIIPARISON MARCH 2O03 GREENAGRES $ 40,560 MANALAPAN 40,276 PALM BEACH 39,773 BOCA RATON 39,119 JUPITER 37,778 WEST PALM BEACH 37,037 P.B.C.SCHOOL POLICE 36,132 HIGHLAND BEACH 35,803 DELRAY BEACH 35,400 BOYNTON BEACH 35,190 ROYAL PALM BEACH 34,737 PALM BEACH SHORES 34,500 TEQUESTA 34,183 NORTH PALM BEACH 33,930 LANTANA 33,882 FLORIDA HIGHWAY PATROL 33,733 JUNO BEACH 33,686 PALM SPRINGS 33,655 GULF STREAM 33,500 PALM BEACH GARDENS 33,000 PBSO 32,952 SOUTH PALM BEACH 32,500 LAKE WORTH 32,490 MANGONIA PARK 32,355 BELLE GLADE 31,653 RIVIERA BEACH 31,335 ATLANTIS 31,122 LAKE CLARKE SHORES 31,000 STUART 30,448 PORT ST. LUCIE 30,400 SEWALL'S POINT 29,257 MARTIN COUNTY S.O. 28,832 SOUTH BAY 28 ST. LUCIE COUNTY S.O. 27,967 PAHOKEE 26,666 . �. MARCH 2O03 WAGE AND BENEFIT SUMMARY PP.LM BEACH COUIVTY POLICE BENEVOLENT /�SSOCIATION POL6CE OFFICER SERGEANT LIEUTENANT COMI�IfJN. DEPT OFFICER ATLANTI S 31,122 42,282 N/A 25,106 40,560 49,816 27,706 BELLE 31,653 37,560 45,419 N/A GLADE 47,480 56,339 68,129 BOCA 39,119 44,975 48,513 N/A RATON 57,052 65,412 70,557 BOYNTON 35,190 45,600 $75,000 N/A BEACH N/A N/A N/A DELRAY 35,400 46,97� 55,873 N/A BEACH 60,400 67,400 83,844 FL HIGHWAY 33,733 40,655 54,250 27,596 PATROL 50,184 63,731 76,895 3�,217 GREEiv- �0,560 50,378 61,365 25,334 ACRES 42,598 52,894 64,433 26,603 GU LF 33,500 47,800 51,000 N/A STREAM 46,683 50,690 54,600 HIGHLAND 35,803 39,473 45,695 N/A BEACH 55,054 60,697 70,265 JUNO BEACH 33,686 42,715 56,170 29,943 50,937 58,454 75,220 44,588 JUPITER 37,778 45,275 52,771 30,280 56,666 67,911 79,158 45,421 LK CLARKE 31,000 36,365 43,639 N/A SHORES N/A N/A N/A LAKE 32,490 42,162 55,806 25,230 W O RTH 42,577 49,754 61,526 33,197 LANTANA 33,882 44,695 N/A 32,203 47,676 62,894 33,814 MANALAPAN 40,276 54,000 N/A 32,000 POLtCE OFFICER SERGEANT LIEUTENANT COMMUN. DEPT OFFICER MANGONIA 32,355 N/A NIA N/A PARK 42,952 48,796 59,140 MARTIN 28,832 37,793 43,269 30,488 COUNTY SO 49,014 64,248 73,557 49,014 NORTH 33,930 40,373 46,859 30,554 PALM BEACH 48,633 56,262 60,709 41,533 PAHOKEE 26,666 32,864 36,400 N/A 28,517 34,091 37,170 PB SCHOOL 36,132 N/A 46,484 25,941 POLICE 52,715 62,016 41,662 PALM BEACH 39,773 47,580 N/A N/A 62,577 72,915 PALM BEACH 33,000 42,900 52,272 31,049 GARDENS 53,768 62,920 71,280 43,930 PALM BEACH 34,500 45,833 51,493 27,443 SHORES 51,270 57,232 61,406 32,150 PALM 33,655 36,102 36,650 26,728 SPRINGS 49,446 57,636 61,714 42,765 PBSO 32,952 46,848 53,472 30,996 48,960 69,648 79,476 46,068 PORT ST. 30,400 45,572 62,400 23,733 LUCI E 49,397 95,168 64,602 RIVIERA 31,335 36,799 44,736 26,647 BEACH 48,569 57,038 67,104 41,303 ROYAL PALM 34,737 42,386 50,360 27,031 BEACH 51,207 62,483 71,263 39,848 SEWALL'S 29,257 SET BY SET BY N/A POINT 45,892 TOWN MGR TOWN MGR SOUTH BAY 28,808 32,218 37,981 N/A 30,805 33,883 38,750 SOUTH PALM 32,500 N/A N/A N/A BEACH 43,325 46,520 46,857 ST. LUCIE 27,967 39,233 45,367 N/A � , J POLICE OFFICER SERGEANT LIEUTENANT COM�VlIUN. DEPT OFFiCER STUART 30,448 38,130 N/A 22,677 46,167 58,739 38,953 TEQUESTA 34,183 42,704 48,632 28,830 50,525 58,518 65,564 38,018 WEST PALM 37,037 55,816 65,906 27,503 BEACH 58,606 67,844 80,109 41,254 MARCH 2O03 WAGE AND BENEFIT SUMMARY PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION DEPARTMENT # OF SWORN DENTAL INSJ NEALTH INS.I SICK LEAVE/ RETIREMENT EXTRA COMP TUITION CAREER PATH OFFICERS EMPLOYER % EMPLOYER % ACCRUAL RATE PLAN WORKING REIMBURSE- PROGRAM HOLIDAYS MENT ATLANTIS 16 YES YES/100% YES YES YES YES NO EMPLOYERIO% EMPLOYER EMPLOYER 8 HRS/MONTH EMPLOYEE 7.5% 8 HOURS A- 100% 100% 100% 10 YRS FUII EMPLOYEE REl'IREMENT 10 HOLIDAYS B- 75% PAYS $26/WEEK 2% ANNUAL FOR ACCRUAL RATE C- 50% DEPENDENTS VEST - 8 YRS COLA - NO BELLE GLADE 45 YES YES YES YES NO NO NO EMPLOYER 5°/a EMPLOYER EMPLOYER 8 HRS/MONTH EMPLOYEE 5% 11 HOLIDAYS 100% 100% - EPO VEST -10 YRS ANNUAL EMPLOYER 90% ACCRUAL RATE - PPO VARIES COLA-YES BOCA RATON 155 YES YES YES YES YES YES YES EMPIOYER EMPLOYER EMPLOYER 8 HRS/MONTH 11.56% DOUBLETIME A-100% 100% 100% FOR' HMO EMPLOYEE 9.73% 12 HOLIDAYS B- 75% 20 YRS OR 10 YRS @ AGE 55 C- 50% FULL RETIREMENT VEST-10 YRS 3.25% ANNUAL ACCRUAL RATE COLA-2% BOYNTON 135 YES YES YES YES YES YES YES BEACH EMPLOYER- EMPLOYEE - 0% EMPLOYEE - 0% 3.69 HRS./BI- 9.31 % TIME &%z A-100% WEEKLY EMPLOYEE -7% EMPLOYER - EMPLOYER - 20 YRS FULL 11 HOLIDAYS B- 100% $24.87/MONTH $336.74/MONTH RETIREMENT VEST - 5 YRS C- 50% ANNUAL ACCRUAL RATE BASED ON YRS OF SERVICE COLA-NO DELRAY BEACH 151 YES YES YES YES YES YES YES EMPLOYER 100% EMPLOYEE EMPLOYER 8 HRS/MONTH 21.41 % DOUBLE TIME 4- 8 CLASSES 100% FOR EMPLOYER 3% PER YEAR AT HMO/POS 20 YRS FULL 10 HOLIDAYS STATE RATES RETIREMENT EMPLOYER 85% VEST - 10 YRS FOR PPO 2.5% ANNUAL ACCRUAL RATE 3% AFTER 20 YRS COLA - VARIES FLORIDA 1684 YES YES YES YES - FRS YES NO NO HIGHWAY EMPLOYER 20% PATROL EMPLOYER EMPLOYER/MO. 8.667 25 YRS OR AGE DOUBLETIME 100% SINGLE $248.86 HRS/MONTH 55 FULL FAMILY $41.96 RETIREMENT 9 HOLIDAYS VEST-6YRS EMPLOYEEJMO. COLA-3% SINGLE $47.96 FAMILY $150.98 GREENACRES 49 YES YES YES YES YES YES NO EMPLOYER EMPLOYER EMPLOYER 8HRSlMONTH 16.25% DOUBLE-TIME $2,000 PER 100% 100% EMPLOYEE 6% YEAR MAXIMUM FOR FLC PLAN 11 HOUDAYS 25 YRS FULL RETIREMENT VEST - 10 YRS FLC & 6 YRS FRS COLA - 3% GULF STREAM 10 YES YES YES YES YES YES NO EMPLOYER EMPLOYER EMPLOYER 12 DAYSNEAR 12.5% DOUBLETIME 100% 100% EMPLOYEE 7% 401 K PLAN - MIN. 12 HOLIDAYS AGE 59'/z VEST-5YRS COLA-NO HIGHLAND 14 YES YES YES YES YES YES NO BEACH EMPLOYERI2% EMPLOYER EMPLOYER 3.69 HRS/ 80 HR EMPLOYEE 4% REGULAR PAY 50% 100% 100% WORK PERIOD VEST - 3 YRS PLUS 1 EXTRA COLA - NO DAY'S PAY 12 HOLIDAYS JUNO BEACH 15 YES YES PERSONAL YES YES YES NO LEAVE TIME FOR EMPLOYER 6% EMPLOYER EMPLOYER PERSONAL AND EMPLOYEE 4% TIME &%2 A- 75% 100% 100% SICK DAYS 25 YRS FULL RETIREMENT 11 HOLIDAYS C OR BETfER - VEST - 5 YRS 50% 3% ANNUAL ACCRUAL RATE COLA-YES JUPITER 99 YES YES YES YES YES YES YES EMPLOYER % EMPLOYER EMPLOYER 8 HRS/MONTH VARIES AMOUNT VARIES 100% 100% EMPLOYEE 12 HOLIDAYS 7.56% AGE 60 & 10 YRS SERVICE FULL RETIREMENT VEST - 10 YRS COLA-NO LAKE CLARKE 10 YES YES YES YES YES NO NO SHORES EMPLOYER WILL EMPLOYER 8% PAY UP TO 12 DAYS/YEAR EMPLOYEE 2% DOUBLE TIME $600/MONTH 6 YRS FULL FOR MED & DEN RETIREMENT 11 HOLIDAYS INSURANCE VEST-2YRS COLA-NO LAKE WORTH 91 NO YES YES YES YES YES YES EMPLOYER-% EMPLOYEE EMPLOYER 96 HRSIYEAR VARIES WORKING - $400 MAXIMUM PAYS 100% FOR PAYS 100% FOR EMPLOYEE - DOUBLE TIME & DENTAL EMPLOYEE HMO 7.06% '/z COVERAGE 20 YRS FULL IF NOT FAMILY RETIREMENT WORKING 8 HRS COVERAGE PAID VEST - 10 YRS BY EMPLOYEE 3%ANNUAL 11 HOLIDAYS ACCRUAL RATE COLA - NO LANTANA 30 YES YES YES YES YES YES YES EMPLOYER- EMPLOYER - EMPLOYER 8 HRSlMONTH 12% 8 HRS ADD'L A-100% $1,000/YEAR 100% EMPLOYEE 5% PAY 10 YRS FULL B& C- 50% RETIREMENT 11 HOLIDAYS VEST - 10 YRS 3% ANNUAL ACCRUAL RATE COLA - NON GUARANTEED MANALAPAN 11 YES YES YES YES-401K YES YES NO EMPLOYER 7% EMPLOYER EMPLOYER 8 HRS/MONTH EMPLOYEE 6% 12 HRS PLUS 8 $500/YEAR 100% 100% VEST - 6 YRS HRS TIME &%z COLA - NO 11 HOIIDAYS MANGONIA 18 YES YES YES YES YES YES NO PARK EMPLOYER 16% EMPLOYER EMPLOYER 8 HRS/MONTH EMPLOYEE 6°/a TIME &%2 100% 100% AGE 55 FULL RETIREMENT 12 HOLIDAYS VEST - 6 YRS COLA - NO . � MARTIN 226 LAW YES YES YES YES - FRS YES YES YES COUNTY SO ENFORCEMENT EMPIOYER EMPLOYER 75% EMPLOYER 75% 8 HRS/MONTH 100% DOUBLETIME A-100% 135 25 YRS FULL CORRECTIONS RETIREMENT 10 HOLIDAYS B- 75% VEST-6YRS 18 BOOT CAMP 3% ANNUAL C- 50% ACCRUALRATE COLA - 3% NORTH PA�M 38 YES YES YES YES YES YES NO BEACH EMPLOYER 5% EMPLOYER EMPLOYER 1 DAY/MONTH EMPLOYEE 2% TIME 8� %z $400/YR FOR 100% 100% 24 YRS FULL TECHNICAL & EMPLOYER RETIREMENT 10 HOLIDAYS UNDERGRAD PAYS $1,274/YR VEST -10 YRS. COURSES FOR 2.5% ANNUAL DEPENDENTS ACCRUAL RATE $450/YR FOR COLA-YES GRAD COURSES PAHOKEE 18 YES YES YES YES NO YES NO EMPLOYER EMPLOYER EMPLOYER 3.23 HRS/Bl- 7.28% 8 HRS WORKING A- 100% 100% 100% WEEKLY EMPLOYEE 5% OR NOT FULL B - 75% EMPLOYEE RETIREMENT 11 HOLIDAYS PAYS 100% FOR AGE 55 WITH 10 C- 50% FAMILY YRD OR AGE 52 WITH 25 YRS VEST - 10 YRS COLA - 1.5% PALM BEACH 140 YES YES YES YES-FRS YES NO YES COUNTY EMPLOYER SCHOOL EMPLOYER EMPLOYER 1 DAY/MONTH 100°/a TIME &%Z POLICE 100°/a 100% 6 YRS OR AGE 14 HOLIDAYS 55 OR 25 YRS (CONTRACT) FULL RETIREMENT $24/HR (NON- VEST-6YRS CONTRACT) COLA - 3%YR PALM BEACH 69 YES YES YES YES NO YES NO EMPLOYER % EMPLOYER EMPLOYER 3.70 HRS/BI- VARIES 9 HOLIDAYS A-100% 100% 100% WEEKLY EMPLOYEE 6.98% ADJUSTED B - 85% 20 YRS FULL VACATION RETIREMENT POLICY IN LIEI! C- 70% VEST - 10 YRS OF HOLIDAYS ANNUAL ACCRUAL RATE 325% COLA-YES-2% AFTER 3 YRS PALM BEACH 102 YES YES YES YES YES YES NO GARDENS EMPLOYER EMPLOYER EMPLOYER 8 HRS/MONTH 15.89% TIME AND'/s 100% FOR 100% 100% EMPLOYEE 8.6% GRADE OF C OR 20 YRS FULL 71 HOLIDAYS BETfER RETIREMENT VEST-5YRS 3% ANNUAL ACCRUALRATE COLA-4% PALM BEACH 10 YES YES YES YES YES YES NO SHORES EMPLOYER19% EMPLOYER EMPLOYER 12 DAYS/YEAR EMPLOYEE 1% DOUBLE-TIME 100% 100% AGE 60 FULL RETIREMENT 13 HOLIDAYS EMPLOYER 50% VEST -10 YRS FOR FAMILY 2%ANNUAL ACCRUAL RATE COLA - NO PALM SPRINGS 33 YES YES YES YES YES YES NO EMPLOYEE1% EMPLOYER EMPLOYER .0463 HOURS 15 YRS FULL 13 HOLIDAYS 100% FOR C OR 100% 100% PER HOUR RETIREMENT HIGHER WITH VEST-5YRS APPROVAL COLA-YES PBSO 1180 YES YES YES YES-FRS NO YES YES EMPLOYER EMPLOYER EMPLOYER % 4 HRS/PAY 100% 12 HOLtDAYS $1,500JYEAR 100% VARIES PERIOD = 96 25 YRS OR AGE HRS/YR 55 FULL RETIREMENT VEST-6YRS ANNUAL ACCRUAL RATE 3% COLA - 3% PORT ST. LUCIE 138 YES YES YES YES -401K YES YES YES EMPLOYER 2002 FIGURES EMPLOYER 92% EMPLOYER 92% 1 DAY/MONTH 10.5% TIME AND'/z TUITION -100% 5 YRS OR AGE W/ PASSING 55 FULL 11 HOLIDAYS GRADE RETIREMENT VEST-5YRS BOOKS-50% COLA - NO RIVIERA BEACH 103 YES YES YES YES YES YES NO EMPLOYEE 8% EMPLOYER EMPLOYER 1 DAY/MONTH 20 YRS FULI DOUBLE-TIME A-100% 100% 100% RETIREMENT VEST - 8 YRS 11 HOLIDAYS B- 75% EMPLOYEE 100% EMPLOYEE 100% 50%, 13 YRS DEPENDENT DEPENDENT 100% C-50% COVERAGE COVERAGE ANNUAL ACCRUAL RATE 4.5% COLA - NO ROYAL PALM 49 YES YES YES YES YES YES NO BEACH EMPLOYERI1% EMPLOYER 80% EMPLOYER 80% 1.85 HOUR/ EMPLOYEE 5% TIME &% 100% IF BI-WEEKLY 10 YRS FULL LOCALLY RETIREMENT 11 HOLIDAYS APPROVED VEST - 10 YRS INSTITUTION COLA-NO SEWALL'S 10 YES YES YES YES NO YES NO POINT EMPLOYER 15% EMPLOYER EMPLOYER 1 DAY/MONTH EMPLOYEE 0% 11 HOLIDAYS 100% 100% 100% VEST - 3 YRS 10%ANNUAL ACCRUALRATE COLA - VARIES SOUTH BAY 16 YES YES YES YES YES YES NO EMPLOYER 5% EMPLOYER EMPLOYER 8 HRS/MONTH EMPLOYEE 5% DOUBLE-TIME PERCENTAGE 100% 100% VEST - 5 YRS OF GRADE 11 HOLIDAYS • e SOUTH PALM 10 YES YES YES YES YES YES NO BEACH EMPLOYER 11 % EMPLOYER EMPLOYER 50% 1 DAY/YEAR 15 YRS FULL 12 HOLIDAYS $1,000 100% RETIREMENT VEST-6YRS COLA -NO ST. LUCIE 227 YES YES YES YES - FRS YES YES NO COUNTY S.O. EMPLOYER EMPLOYER EMPLOYER 8 HRS/MONTH 100% DOUBLETIME A- 100% 100% SINGLE 100% SINGLE 25 YRS OR AGE 49.58% FAMILY 92.59% FAMILY 55 FULL 10 HOLIDAYS B- 90% RETIREMENT VEST - 6 YRS C- 75% COLA - NO STUART 42 YES YES YES YES - FRS AND YES YES NO CITY EMPLOYER EMPLOYER 8 HRS/MONTH FRS -18.44% 8 HRS STRAIGHT A- 100°/a 100% 100% CITY - 21.89% TIME PER 25 YRS FULL HOLIDAY B- 75% RETIREMENT WORKED VEST - 6 YRS C- 50% ANNUAL 5 HOLtDAYS ACCRUALRATE 3% COIA - 3% TEQUESTA 18 YES YES YES YES YES YES NO EMPLOYEE5% EMPLOYER EMPLOYER 1 DAY/MONTH 25 TIME AND Yz A OR 8 100% 100% 100% 25 YRS FULL RETIREMENT 11 HOLIDAYS VEST -10 YRS 3% ANNUAL ACCRUAL RATE COLA - NO WEST PALM 275 YES YES YES YES YES YES NO BEACH EMPLOYER % EMPLOYER EMPLOYEE 96 HRS/YEAR VARIES STRAIGHT TIME 12 SEMESTER 100% PAYS: EMPLOYEE 7% FOR WORK 8� HRS AT FAU AND EMPLOYEE $10 20 YRS OR AGE FOR HOLIDAY $250/BOOKS EMP. + 1$59.40 50 FULL PER FISCAL FAMILY $25921 REfIREMENT 11 HOLIDAYS YEAR 2 OFFICERS 0 VEST -10 YRS 3% ANNUAL ACCRUAL RATE COLA-YES 2/8/01 INTERDEPARTMENTAL MEMO Community Development.• Cash and Investrnents @ 9/15/2003 $1,125,834 Unreserved/Undesignated Fund Balance @9/15/2003 1,140,279 Designated Restrict Cash Tequesta Villa e Hall $300,000 tfr to G/Fund ---------------------------------------------------------------------------------------------------------------------- I�ater Utilitv: Est. Unrestricted Cash and Investments @ 9/30/2003 $3,010,613 Less: appropriated for 2004 Budget -327 800 Unrestricted Cash & Investments Available 2 682 813 Unreserved/Undesignated Fund Balance @9/15/2003 2,606,423 Less: Appropriated for 2004 Budget -327 800 , $2,278,623 esi ated Restrict Cash RO. Well #3 $900,000 Yes Reauired Plant Expansion ( /2007) Designate & Restrict 9/30/03 400,000 Yes Additionat Designation 9/30/04 400,000 Yes Additional Designation 9/30/05 400,000 Yes - ------------------------------------------------------------------------------------------------------------------ 2 I � RESOLUTION NO. 47-02/03 i A RESOLUTION OF THE VILLAGE COUNCIL OF THE � VILLAGE OF TEQUESTA, PALM BEACH COUNTY, ; FLORIDA, APPROVING A THREE-YEAR COLLECTIVE ' BARGAINING AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE COMMUNICATION WORKERS OF � AMERICA, EFFECTIVE OCTOBER 1, 2003, AUTHORIZING ; THE VILLAGE MANAGER TO EXECUTE THE CONTRACT �I ON BEHALF OF THE VILLAGE. i ; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF I� THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS 1j FOLLOWS: � � Section 1: Consideration to approve a three-year collective bargaining agreement ! between the Village of Tequesta. and the Communication Workers of America 1 (CWA), effective October 2003, attached hereto as Exhibit "A" and incorporated by I ? reference as part of this Resolution is hereby approved, and the Village Manager is � authorized to execute the applicable contract on behalf of the Village of Tequesta. � i� THE FOREGOING RESOLUTION WAS OFFERED by Council Member �� , who moved its adoption. The motion was seconded by Council Member , and upon being put to vote, the vote was as follows: � ;� FOR ADOPTION AGAINST ADOPTION �j I � � � The Mayor thereupon declared the Resolution duly passed and adopted this 18 day ( of September 18, A.D. 2003. !I ( ! � Mayor Edward D. Resnik i l ATTEST: � � 4 � Village Clerk Mary Miles � � � , FROM 3181 FAX N0. :561 640 9099 Sep. 09 2003 12:33PM P2 � �amy ' ' n�. . PALM BEACH CpUN7'�� PTJ�LTC WORKERS ° � VII,S,AGE OF'FEQUESTA PUBLIC'VVO�rTCERS �� Sr. LUCIE COUNTY SCHOOL BOARD p[rB�.1c woR�RS LOCAL 3181 • AFL-CY(�C1,C + ,� � �O �� Q f C�112�'ZI�CZ s941st STRE$7' �� p�M �� -O�?A 33413 W.P.B. PHONE: (561) 6qp..S559 • S.L_C. PHOIVE: (`877) 4�5-5559 W.P.B. PA7C: (S6Y} 640-9Q99 . . �� 4 ' • as ��oe � . NOT�CE a�' CaNT�tA�'� RATI�YCAT�t�N � CWA &� VILLAGE O�' TE� � - I2�TY�'ICATIQN: for the Z003�2006 tent�tive agreeme�t of Locat 3181 arid tl�e Viltage of Tequesta shali be conducted on_ - . Date: Mondap September I5, �003 : Meet�ing: �5:00 p m. Voting to take place $fter meeting unti� 7:0p p.m, Place: V�lag� of Tequesta, Pu6lic Service Buildiag 136 Bridge Road Tequ�ata. F� � For tnfo vr directions Call: G40-S559 - The Union barga�ning committee �nd the V"�e o�f Tequesta has reac�ed a tentative Agreement_ T��refor�, the election comxtuttee has scheduled a ratafication etection €or all V��e of Tequesta � CWA bargaxning unit workers_ � � Pie:�se Note: the CWA Bargaining Team is recornmerxding ratification oftlxis agreement. A�t�eetiing will be held to go over the t�ntative Agreement with yo�t at 5:00 p.m. The polls . 'wiii be open after thiis mcefing uatii 7:pp p.m. and t6e ballots vc�ell be connted immediateYy theE�eafter. � .. , In accordance with CWA Locat 3181's By�aws, the Etection Cominittee has de�termined to concluct the secret ballot r�ification�election by use of an estabtished. potling place-a�ed ba�ot boxe$. � ' �� /s ��fOC�� . Richacd R. Foulette, Fresident {�.A'�NOT2003) � . . TE ` ,T ..�. �� s 9 c� � ^ '� < 0 'j o � � � j4v MEMORAND UM TO: Mayor/Council FROM: Michael R. Couzzo, Jr., Village Manager DATE: September 10, 2003 � RE: Consideration and approval of a three year collective bargaining agreement between the Village of Tequesta and the Communication Workers of America (CWA) Date - August 10, 2004 The administration (representing the Village of Tequesta) and representatives of the Communication Workers of America have completed good faith collective bargaining. Attached for your consideration is the approval of a three year collective bargaining agreement. If approved the agreement will go into effect October 1, 2003. Communication Workers of America members voted to approve this agreement with the Village of Tequesta on September 15, 2003. I believe this document provides an effective mechanism allowing for recognition of Village employees. The agreement in addition reinforces a commitment by the Village to its employees to provide a positive, constructive, and rewarding relationship. I appreciate the continued support of the Council in acknowledge of all who serve to better our Village. Michael Couzzo K �� . � r '' �,, " VILLAGE OF TEQUESTA `� Post Office Box 3273 • 250 Tequesta Drive, Suite 300 ; , ,�� Tequesta, Ploricta 33464-0273 • (561) 575-6200 d. : , � Fax:{56I}575-62b3 e { AGENDA PUBLIC HEARINGS ON FINAL MILLAGE AND FINAL FY 2003/2004 BUDGET SEPTEMBER 18, 2003 TEQUESTA RECREATION CENTER 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 7:00 P.M. WELCOME! I. CALL TO ORDER AND ROLL CALL II. PLEDGE OF ALLEGIANCE Mayor Edward D. Resnik III. APPROVAL OF AGENDA IV. PUBLIC HEARINGS A. Public Hearings for Final Millage Rate Adoption and Final Budget Adoption i. Ordinance No. 581—Second and Final Reading—An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, providing for levying a millage rate of 6.4980 per $1,000.00 of t�able valuation 7.1111% greater than the rolled- back millage rate of 6.0666 per $1,000.00 of taxable valuation for the Fiscal Year 2003/2004 providing an effective dat�—Village Manager Michael R. Couzzo, Jr. a. Mayor announces the Public Hearing is open. b. Village Clerk reads Ordinance No. 581 in its entirety. c. Millage Rate Review by Village Manager Michael R. Couzzo, Jr. d• Public Comment e. Council Comment f. Mayor announces the Public Hearing is closed. g. Adoption R.ecycled Paper i M � f l RESOLUTION NO. 54-98/99 ; A RESOLUTION OF THE VILLAGE COUNCIL OF ' THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A ; DEVELOPER'S AGREEMENT BETWEEN JMZ TEQUESTA PROPERTIES INC. AND THE VILLAGE ` OF TEQUESTA RELATIVE TO TEQUESTA VILLAGE CENTER MASTER SITE PLAN AND AUTHORIZING THE VILLAGE MANAGER TO . EXECUTE THE SAME ON BEHALF OF THE VILLAGE. WHEREAS, JMZ has previously acquired property known as Tequesta Plaza located along the south side of Tequesta Drive west of U.S. Highway One and east of Old Dixie Highway in Tequesta, Florida (currently known as 190-222 Tequesta Drive), and WHEREAS, the Village has purchased a portion of the property from JMZ to include the southwest parcel of property totaling 52,778 SQ. FT. and the Roadway Parcel that consists of approximately 0.6463 acres, and WHEREAS, JMZ has requested the Village approve a master site plan for --. the area and approve construction of a 25,241 Square Foot mixed-use building more particularly set forth on the plans heretofare submitted to the Village, and WHEREAS, the Village desires that, as a precondition to issuance of the building permit, that this agreement be entered into, in order to provide assurance to the Village that all requirements of the law shall be satisfied; : I�TOW, THEREFORE in consideration of the premises and covenant contained herein and for other good and valuable consideration, the receipt of which is hereby acknowledged by each party to the other, and for other good and valuable consideration, the parties agree as follows: , Section 1. The Developer's Agreement between JMZ Tequesta Properties, Inc. and the Village of Tequesta, attached hereto as Exhibit "A" and incorporated by reference as part of this Resolution, is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the applicable Agreement on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED BY Councilmember Han�n , who moved its adoption. The motion was seconded by Councilmember C an r e t t a , and upon being put to a vote, the vote was as follows: [j � 2 h �'1 � � 1 i FOR ADOPTION AGAINST ADOPTION � Joseph N. Capretta Basil E. Dalack ' �C ar1 �: _ T Ron T. Mackail The mayor thereupon declared the Resolution duly passed and adopted this 21 day of September, AD, 1999. � MAYOR OF TEQUESTA : �� . � . � Ron T. Mackail ATTEST a-�-.,,w,_ /t Joann Manganiell Village Clerk NMHUvISWORD�NIY DOCUMENTS\RESOLUTION 54-98-99 � �ct—��-f�99 09c��ae '9�-3�'94�� ORB 1 13� 1 Rg i?F5� � im u u� ii �� n ia �i u� n iu �i ur ii rii t� ni i� � i iui RECORDAND RETURN TO � VILLAGE OF TEQUESTA y�'�,, P�st Office Box 3273 DEVELOPER'S AGREEMENT EXHIBIT :"A" :zesta, FL33469-0273 This Developer's Agreement is executed �"�-:..�", 3 ° , 1999, by the Village of Tequesta, Florida ("Villa�e") and JMZ Tequesta Property, Inc., a Florida corporation ("JMZ"). RECITALS: A. JMZ owns Parcel 2 and Parcel3 which are more particularly described in Exhibit "A" attached hereto (collectively, the "JMZ PropertX"). B. The Village owns the real property described in Exhibit "B" attached hereto (the "Village Property"). C. The JMZ Property and the Village Property are hereinafter collectively called the ��Project �� D. JMZ and the Village have requested approval of a master site plan for the Project. Additionally, JMZ has requested approval for the construction of an approximately 25,241 square foot mixed use building (the "Phase One Buildin�") on a portion of Parcel 3 as more fully set forth on plans previously submitted to the Village. E. The approval of the Village to the requested master site plan for the Project and for the approval to construct the Phase One Building is conditioned upon the execution of this Agreement by the parties hereto. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged by each party, the parties agree as follows: 1. Recitals. The Recitals set forth in paragraphs A. through E. above are true and correct. 2. Unitv of Control. JMZ shall deliver to the Village a"Unity of Control Agreement" to be executed by all of the owners of the Project. The Unity of Control Agreement must be acceptable to the Village and its counsel at their sole discretion. 3. Pre-Conditions to Issuance af Certificate of Occupancv for anYnortion of the Proiect. The following shall be pre-conditions for the issuance of a certificate of occupancy for the Phase One Building and for any other portion of the Project: A. A plat of the Project shall be prepared by the owners of the Project, approved by the Village and recorded in the public records of Palm Beach County, Florida. The approved and recorded plat shall show all easements effecting the Project including, but not limited to, shared ingress/egress between the parcels, future utility services, sanitary sewer service, emergency sewer €lRB 1 1�� 1 Pg 1��3 service, storm drainage pipes, sprinkler pipes, telephone lines and cable television wires. The plat shall also delineate all common areas and assign responsibility for the maintenance of all common areas. B. All utility improvements required by the Village to be completed in accordance with plans submitted to the Village must be completed and such systems conveyed by bill of sale to the Village by the owners of the Project. 4. Permitted Uses: Special Exception Uses. A. The development of the Project is limited to the following permitted uses: (i) � residential; (ii) small scale retail sales and service; (iii) office (business/professional services); and (iv) personal services. B. The following shall be special exception uses requiring prior approval of the Village council: (i) large scale retail sales and services (defined as in excess of 3,500 square feet gross leasable area for each tenant area or individually owned unit); (ii) large scale business/professional services (to be defined as in excess of 3,500 square feet gross leasable area for each tenant area or individually owned unit); (iii) large scale personal services (defined as in excess of 3,500 square feet gross leasable area allowed for each tenant area = or individually owned unit); (iv) restaurant use (including carryout); (v) public buildings and facilities; (vi) civic/culturaUpublic; (vii) bed and breakfast use; (viii) private schools; (ix) private clubs; (x) hotels; and (xi) ACLFs. 5. Covenants. Development of the Project shall be in accordance with the following: A. The architectural style for all parcels and buildings in the Project shall be consistent with the architectural style adopted and approved for the Phase One Building. Architectural style shall include, but shall not be limited to, roofing materials, building colors, window and door treatments, architectural detailing and accessory appurtenances. B. The owners of the Project shall adopt a uniform sign format for the Project to be consistent with the approved architectural theme for the Proj ect. C. The owner of Parcel 2 shall use Parcel 2 solely as a parking area until construction of improvements on Parcel3 shall be completed as evidenced by certificates of occupancy for the Parcel 3 improvements. 2 Qft�s 1 1�81 Ag 1?54 D. Tenants of the Project and their employees shall not utilize on street parking spaces provided within Village right of way. E. All newspaper vending machines, boxes containing advertising materials, post office boxes, Federal Express boxes and other special courier service and like free standing exterior boxes and receptacles shall be located in areas of the Project specified in the approved site plans for the Project, shall be uniform in design, color, materials and appearance and shall be consistent with the architectural style and theme of the Project. F. No outside sales events shall be held at the Project except for those special � outdoor sales events approved by the owners of the Project. G. During construction of the Phase One Building, the owner of Parcel3 shall provide reasonable access to the tenants of the existing Tequesta Plaza Building and to their respective employees, customers and invitees until such time as the current Tequesta Plaza Building is demolished. H. The owner of Parcel 3 shall provide reasonable and adequate temporary signage for tenants of the existing Tequesta Plaza Building prior to demolition of said building. All such signage shall be subject to the prior �_ approval of the Department of Community Development of the Village and � shall not exceed 16 square feet. I. No owner or tenant of any portion of the Project shall park a vehicle which displays for general public view any advertising or other promotional materials or information in a parking space located within any portion of the Village's right of way which abuts any portion of the Project. Any vehicle owned by a tenant or owner of any portion of the Project or any of their respective employees shall be parked in parking spaces along either the east or west lines of the Project. 5. Breach of Project Owner's Responsibilities. If the owners of the Project fail to maintain the common areas of the Project in a manner and to a standard consistent with properties located in Tequesta which are similar to the Project, then the Village shall have the right to maintain the appearance of those common areas and assess the owners of the Project for the reasonable costs of such maintenance. 6. Miscellaneous A. The Village shall record this Developer's Agreement in the public records of Palm Beach County, Florida. 3 t�R� 1 1� 81 �g 1� 55 B. This Agreement shall be binding upon the successors in interest to JM Z and the Village. C. In the event of any litigation arising hereunder, jurisdiction and venue for such litigation shall be and lie solely in Palm Beach County, Florida, and the prevailing party in such litigation shall be entitled to recover reasonable attorney's fees and costs, including those fees and costs incurred in any appellate proceedings. D. The effective date of this Agreement shall be the last date on which the parties execute this Agreement. � E. The Village has reviewed the construction of the Phase One Building and believes the same to be consistent with its comprehensive plan and land development regulations. The Village does not believe that the construction of the Phase One Building will cause any detriment to the Village or to its citizens public health, safety or welfare. The parties hereto acknowledge that the failure to address in this agreement any particular condition, term or restriction shall not relieve the parties from the necessary of complying with any law governing said required condition, term or restriction. Village of Tequesta, Florida ,.� gy; ,�' i��-t �--i � �-°*-t- �'°�, Name: °`�' l31� ri� 1`�-� �. ��t�-t� R-l� Its: J°� L.�-G� �' n�. j4t� �+C's� j' JMZ Tequesta Property, Inc., a Florida co oration By: Name: `�"os� _ �... ., ,t � �. �. _.� �ts:� � � �- 4 tliiB 1 1381 Rg 1756 : STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this i:.� �`� day of L�c.��,�. ,1999, by �.,-'1_, .r �1..�. �f'. �lz �; ,:.�, as .�.4� � T��: - �, of Village of Tequesta, Florida. He/She is personally known to rrie or who has pro$uced a d�t ver's license as identification. ;t- -. . ;, �� , v . '�.*�_��-...� ��C...__d �c.=� .c_.�: ' ° �`'�(NC3�;AgY �EAL) t ry Public <� o �,. � n ��' PrintName: ; �-,�,.f,.,, r� {z�- .�r ; �_ �. � <} ;'`y /� ! � L t.G; R �� My commission expires: ' -' b �*+ � . ` ; o t�. �.' ' _ a -w4 � '° °� ,FF`�� • �9v � � JOANN�MANGANIELLO � p t �� '�' ;� � r k. MY COMMISSION N CC 507143 STA'T� O�F��SJRIDA ••r �: EXPIRES: December22 �sss . '"'�,� �''� Bonded 1f�ru Notay Public Undervxitera - '••�; : COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this; �.�-day of�c;.r�. ��,�. ,1999, by�i�y'4�.� ��._�,4Y,�,:�., t c.�._ .��:� , as ��' ;.+:: y; �: ; .��-_ of J1VIZ Tequesta Property, Inc., a Florida corporation. He/She is ersonall�own to me or who has produced a driver's license as identif cation. - �i.��,:Eia . _ .. . . ��:- �'� , � ,,: .- � .>- '" - �� }� ` �. - . ._ . . K'�-+t'C...-s_ a.� ��C...-r•t...-t ..:.t*,.cn _ i.��. �.a� ` 3�V�(N�TA�I�,.SEAL) Notary Public �1 ~ �` d o '� - Print Name:_ � =, �,�a.,� ��t,�,v�=_��,�ic Gt.c _• °�`' My commission expires: F e � � . :�_...'��-— - -—— 1✓� ��. � = �„n�es� c: JOANNMANGANIELLO � . , � � ' (;.: ._ MY COMMISSION N CC 507143 �� - 5�'.". �;;,�, a,: EXPIRES: Dacember 22,1999 "�P,� ��'' 6onded Thru Notary Pubik Underv�rtitere N:\PSE-I�TEQUESTA\developer's agreement(revised).wpd 5 OR9 1 1090�� P�g �g9 - ! iHY li. wII1� 0.EAK P8� �Y� FL � EXHIBIT °/�," r . : �3R� :1. �. =3� 1 �q 1 �57 � � . . LEGAL DESCR(PTIQI�I � " � ['ARCCL NO. 2 . LYING fi�[ SECTION 30, . . TOWNSHiP 40 SOUTH, RANGE 43 EAST � . } A PARCEL UF LAND LYING i�N SECTiON 30, TOWNSHEP 40 SOU'I�-[, RANGE 43 � EAST� PALM BEACH COUNTY. FLURIDA, BEING MORE PARTICULARLY DESCRtBED AS FOLLOWS_ � GOMMENCING AT THE POIN.T OE INtERSECT[QN 4F TELE CENTCRLtNE OF � STATE ROAD NO. 5(US H[GE{WAY NO. 1) WI'PH TEiE SOUTH L1TtE OF ' SEGT[ON 30, TOWNSH[P 40 SOUTE�, RANGE 43 EAS'f; TE-�Ei�[CE NORTH � 03°S4'S5" EAST (BASIS OF BEARINGS). ALONG THE SAtD CENTERLlNE� A � D[STANCL� OE G95.55 FEET TO A POtNT pN THE EASTERLY EXTENSION OF 9 ` THE NOEZTH R1GHT-0E-WAY: L(lYE OF BRIDGE ROAD (PGR.DEED BOOK 1166. � PAGE S52 OF THE PUBLtC RECORQS UF PALM BEACN COUNTY. FLORlDA); R �fEWEE�Ov ��e LA�'F�RL E3�fEidgiOld --- --- - ------- r ��+ci ano� � SAID NORTI# �RIGHT-bF-WAY LINE, A DISTAN�E OF 876.58 F�ET; THENCE NOtt'I'H UO°i3`OS" WF�T, �4 �11�TAN��'s 0F �4.57 F�"'F4 T�fE PO�N'F (3� i -- BEG[NN1NG; THENCE CONfiNUE NOitTH 0�°l3'OS` WEST, A DISTANCE OF . 96.49 FEET TO A POINT ON THE SaUTHERLY RIG�fiI' OF - WAY LI1�iF. 4F � TEQUES'i'A DRLVE (PER OFFICIAL RECOItD' BOOEE �t'i25, PAG�,302 O� `fHE i: PUBLIC RECORDS OF PA�.M BEACH COUN'CY, FLORIDA�; THENCE ALONG • ; 5A1D SOUTHERLY REGHT-OF.-WAY LINE �OEt TE�E I�[EXT TWO (2j COURSES. � I�TORTEI 67°54'40" EAST, A DISTANCE OF Z31.�4 FEEI; TO TE� BEGINN[NG OF }= A CURVE. SEING CONCAVE TO THE SOUTH AND HAViNG A RAD[US UF 305 t � FEEC; THENCE NQRTI-�EASTERLY ALOI�I(3 THE ARC OF SAID CUEZVE THROUGH A CEN'tRAG ANGLL OF 9°SZ'46", FOR AN ARC LENGTEi OF 52.59 � � FEET; THENCE DF�ARTING SAID ILIGHT-OF-WAY SOUTH 51°IO'l9" EAST � ALONG A NON-RADTAL LINE, A DTSTANCE OF 3$.83 FEET; T�NCE SOU'i'H � 00° 13'OS" EAST, A DLSTANCE �OF 68.97 �EET TO TE� BEGINI�I[NG OF A CURVE, � � BEING CONCAVE TO THE WEST AND HAVING A RADIUS OF 70,00 FEET; � ; Tf-IENCE SOU'FHElt�.Y ALONG THE ARC OF SAID CURVE THROUGH A - CENTRAI_ ANGLE OF 18 FOR AN A,RC LENGTH OF 23.14 FEET; THENCE SOUTH 18°43'13" WEST, A DISTANCE 4F 86.09 F�E'F; THENCE NORTH _ 89°46`55" EAST, A DISTANCE UF 26�.52 FEET'f0 THE PU1Nr OF BEGINNING. SAID PAEtCEL CONTAINS [.0022 ACRES MURE OR LE5S� SUBJECT TO __ EX[STING EASEMENTS OF RECORD. �: . _ _. .. . . . ., ;� �� :c�m�„�. _ = ved. 48a6i(9806t •P2. L6CAL) - t C:UNN[NC�l�A��( & UUItttANCE C:o��s�dcing Enginccrs. (t�c_ � .. ORS 1 16b90 Pg 5�8 _ . ' EXF-IIBIT ��A�► _ �� . �. �� . �� , �'�t3. '.t 1 � `i LEGAL DESCRIPTtON t'ARCC� 1�t0. 3 LYING (N SECT[ON 30, , `;:� TOWNSHtP 40 SOUTH, RANGE 4:� EAS�' :Y A PARCEL OC LAND LY[NG IN SECZ'[ON 30, T4WNSHiP 40 SOUTH� RANGE 43 �= EAST, �PALM BEACH COUNTY, F[AR[DA, BEtNG MORE PARTtCULARLY :r DESCRIBED AS FOLLOWS: � -2 • . . . . � C�MMEiVC.iNG AT THE POtNT OF INTERSECTION OF THE CENTERL[NE OF ;: STATE ROAD NO. S(US HIGHWAY NO. i) W[TEi THE 50UTH LINE OF '' � SECT[ON 30. TOWN5NtP 40 SOUTH, RANGE 43 E�IST; THENCE NORTH � 03°54•SS" EAST (BASIS OF BEARINGS). A[,ONG THE SAiD CENTERLINE. A i} DISTANCE �F G95.55 FEET"f0 A POlNT QN 'CNE EASTERLY E7tTEN5fON OF `� THE NORTH RIGHT-OF-WAY LtNE OF BRIDGE ROAD (PER DEED BOOK 1 lGb, r PAGE S52 OF THE PUBLIC RECORDS OF P/lLM BEACH COUNTY. FLORIDA); — - T�tEt�E "�t��'E; /t��fi3�sA�f��A�'fL�ti��`��N�[61�Y ``� i SAID NORTH RIGHT-OF-WAY i,INE. A D[STANCE O� 3�i0. l6 FEET TO THE � - PO[N'I' OF $EGINN[NG;'FHENCE CONT[NUE SC?UT�{ 89°46'S5" WEST, ALUNG " SA1D NORTH R[GHT-O�-WAY LlNE, A D[S'fANCE OF 203,21 FEET;.THENCE � �s� NQEtTH 45°13'OS" WEST� A DISTANCE OF 35.36�FEEf; T'NENCE IYORTH �'` y . QO°t3'OS" WEST, A DIS'fANCE OF 74.99 FEET TO THE BEGINNIN� OE A � : ,� }� ` �' CURVE, BEING COI�ICAVE TO THE EAST AND HAVtNG A RAd[US OF TO FEET; � � THENCE NORTHERLY ALONG'i'HE ARC OF SAID CURYE THROUGH A '� CENTRAL ANGLE OF l8°56'l8". �OR AN A.RC LENGTH OF 23,14 FEET; ky ' ; THENCE NORTEi I8°43't 3" EAS't'. A DISTAI�IC� OF t73. t9 FEET TO TE[B }: BEGINNING OF A CURVE, BE[NG CONCAVE TO THE WEST AND HAVING A :y RAD[U5 OF 130 FEET; THENGE NORTHERLY ALONG THE ARC OC SAID >; CURVE T'I�(�UGH A�ENTRAL ANGLB OF t 8°56'18"� FOR AN ARC LENGTH <� OF 42:97 FEET; THEi�tCE TtOR.TH 00° 13'OS"WEST� A D[5TANCE OF 74.49 FEET; _ --- THENCE NOEtTH 44°4?'17" EAST. A DISTANCE OF 35.36 FBET TO A POIMT ON �' T'HE SOUTI-iER[.Y RiGHT-OF-WAY LtNE OF TEQUESI'A DRIYE (PER OFFIC[AL �; RECO�tDS BOOK 6625, PAGE 302 OF THE PUBL[C RECORDS QF PALM BEACH COtJNTY, FLORiDAj; THENCE I�tO[LTH 89'47'40" EAST ALONG SA[D :�; SOUT'HERLY RIGKt-OF WAY L[NE, A D[STANCE OF t 46.98 FEET; THENCE SOUTH OU° 13'OS" EAST, A DISTANCE UF 2T9.06 FEET; THENCE 50UTH �=; 03°54'S5" WEST, A D[STANCE:OF 150.00 EEET TO THE PO[NT aF BEGINNING. + . - SA[D PARCEL CQNTAINS 1.9822 ACt�ES MORE OR LESS, SUB)ECT TO EXISTING EASEMENTS OF EtECORD. st«w��ysua�-e�.i.cc::�� . CUNN[NGHAM & DURRANCE Consutting Cngineers, [nc. . �� .�� 7�� . EXHIBIT "B" LLG/�L D�SCiti['"fION - f'AttCCL 1�[O. 1 - LYING iN SECTION 3U, � TUWNSE-{1[' 40 SOUT( R�INGE CAST A PARCC[. OF LAND LY(NC I�t SCC'I'IUN 30. TOWNSEIIt� 40 SOUTI{, RANGE 43 E:A5T, PA[.M E3CACH COUNT'Y, FI_�R[UA, E3ClNG MQKC PART[CUi.AR[.Y DESCRlE3El� AS �OLLOWS: C'Un1R1ENC INCi AT 'CI�iE PUINT ON INT'ER�GC'�IUN Qf TEIE CENTERLINE UF STATE ROAD NO. S(US HtGFiWAY. NO. 1� W1TH THG SOUTH LINE OF SECTION 30. TOWi�SNIP 40 SOU�'H. RANGE 43 EAST; THENCE NOELTH 03°54'SS" EAST (BASIS OE BEAR[NGS), ALOIrtG T[�E SAID CENTERE.INE� A � ---- - —L1tS'['AN-t'��f 69� SS r•E�r rc� n PO[N'f ON THEEASTERLY EXT�NSiON OF THE NOEtTE[ R1GHT-OF-WAY LtNE OF E3REDGE ROAD (RER DEED BOOK t 16G. . PAGE 552 pF TE{E PU[3LtC RFC.ORDS OC PALM t3EACH COUNTY, FLORIDA); . T'HENGE SOUTH 89°46'S5" WEST. A[.ONG SAfD EASTEEtLY EXTENS[01�i AND � � SA[U NORTEt 2lGHT-OE-WAY L[NE. A DfST'ANC�OF 6�3.37 FEET TOTNE �' • POtNT' OF BEGINNING; THENCE CONTENUE SOUTH 89°46'S5"- WEST. ALONG SA1D PIOftTN RIGHT-OF-ti'VAY LiNE, A DISTANCE OF 203,2I F'�EZ'; THENCE • NOE�TH UO°i3'OS° tiYEST, A DiSTANCE OE 224.5'� F�EC; THENCE NORTH � 89°46'S5" EAST, A DISTANCE OI� 263.52 FEET; .THENCE SOUTEI 18°43't3" WEST. A D(STANCE OF 8T.10 FEE'i' TO THE BEGENNING QF A CURYC. BC[NG CONCAVE'CO THE EAST AND HAVING A RADIUS OF 130 FEET; TH�NCE � . SOUTHERLY ALONG THE ARC OF SALD CURYE'FKROUGH A CENTRAL ANGLE OF l8°56'!8". C4R AlV AEZC LENGTH OE42.97 FEET; fHENCE SOUTH - 0° l 3'OS" EAST. A DISTANCE OF 74.99 FEET; THENCE SOUTH 44°4G'55" WE5T, A DISTANCE OF 35.36 FEEZ' TO THE POINT OF BEGINNING_ SAiU PARCEL CONTAINS 1.21 IG ACRES MORE OR LESS. . � �x.-. s ::. ; � ; : �;;:: •.. _ . . _ :, . .�ss.�.uc,v�n� (:1.►Ntitf�(;(�l,\�-( �'� l)l1Rlt�1N(:1�. C:c►nculcin6 t•:n6inccrc, In�. . r .... ��..� �"� ��.�. ._..' �� . �.. ........ .. �u ci .�w�uo��uu lyvv� . _ QRB i i�9Qi R9 5�7 i ; EXEIIBIT "B" �� . �.:�� i �� i `�'�r,� ' �"?��Ts�� ia � f �.�=:E�� rt ��4 �P� �C�.iNT1`, FL :' � LE:GAI. DrSCRtt'1'iUN - . � - -.� :t . . �# . GO t�C)U'!' (Z[Gf [T.-U[�-WAY COt�iN�C'I`ING � � . � . I3RI [�Gr itOAD "t 4 TCQUC..STII U[ti V G- , . . :; . . . . :{ A• P�►R[EL 01' I.ANU LYIN.G !N SECftON ]0.'['OWMSi•IlP �iu SOU'Irt 1. R/'INGC � i EASI', P%lLhl: � >i ' BCACH C�OUhfl'Y: IXAhIOII, BQNG MOl2E PART[C(IUIRLY DESC(LtI3G0 AS PC3C.[�btivS: .- . _ - � ' � . . .M � . '` ��OMMENCINO Al':11IG PO(t`(T QP.IMERSECTtON UF'CNG CEMEFtL[NG OF STI.IE RQXD NO. • � 'S►(US t{tQH�VAY'NO t).�Yt'I'Ft TEiC SOtITti LlNE O� SECRON•1p.I�OWMSI1iN� �i� SAUTEI, . � . ' _ � . RANGF ��5't': Tt I�NC'E NOR'CE[ oi°5�'SS' EAST (B!ISIS OF t3EllRtNGS�. At�01�{¢xT7,f� SAII) - :: -� ' L�1�[7ZRLiNC. A DISZ'/INCCOFGII�.SS N'LETTU A F011�t�'AI�°t'ftE�lS'fERLY�X7:��[Of��Ut'.. , -_; :> -"Cff� NOtt'I7� ItiGi��'I'-QF WAY [:ItVC 4F �tttOGE tZ4AP (PEtt �ECU �BbOK � IGG.• t'.�l�iS,��F� . �? 't'tfC PU(i[.i.� �ZE�.'�d'R(�� ¢F PAi.tY[ BEIICH t�OUNTY. F�.O[tl6/�}, TItETtC� 90tfili'n!t°,�,iG',t ... • �; '�Y.ES'i ; Al.C3NlG S�ID EAST�[tLY EK[ENS[ON AND SAID NORTH RlG�1 Cfi-0F•�V�I�I.UN�: �:: �. � :E D[STANCE OF �G,�.77 FELT'['Q'[Y{E i'OINT'OF BEC�itNNlttG; THEMCE NOR'i'ft 4S• tiX15" �VEST. A•, ' :� • t?tSTANCEOF 34 iG FEET: TNENCF NOR'C'F� t1q°l3YtS' ��'F.S'E�: /l DISTANCE �F 7J.Si9 FLZT l� ' , �: �'[YtE BEGFNNtI�lG f)t' A CUftV� BEiPtQ C`ONCA1/G'TO.T1iG EASf JIMO.liAViNG A,RAl�!(JS OC- - . 7tl,t1t1 [�EET:•Tf{�NC� NORTH�RLY AEANQ'tl{E NtC OE SAtD CUt�V� Tf iRQUO� [ A CGtNTRAI. . - ' t , M DtSTAi�tCGOt� 17�,19.F�CLT'EOTf{EDL?GINN�NG.O�?A:3Ct1RV�.�[3GtNGC�O[�t��IVG�O'ft[E � � , � t�/EST AND HJ\Y[NG A RAUIUS (K t}A.W i•L'Gi: THENCE NORZ'(IERt.Y..ACQN(i YttE 11RC Of : SAfn Ct.lRV� TT�tiQUOit A CCN'fitAL ANG[.E OT' t8°SG`l8". fOR. /IN.ARC LCrt4^i��:Ot�' �t�.q7 '[T.�T:'Ii�ENCE [�IORT{t tKf°t1�tlS" �VEST. A D{ST�INCG Of 7�{.99 [�LT'.'�'[3ENCL'' NOR'(ft: : .-•; , �i•.�t 7' 17" CAST, ll DIS'i'/INCG OI= �S:3G rEET FO'A �'OIM' ON TI�C SdUI`l� RIGFT['�OF W�AY� _ . . ' I.tNG OF 1'GQUts'STA DRt V.Cs (PGt Of•F[CIAL [tECO(to°EiO4t�t,cLS. PAGC 3c12 OF'['HE {'W43UC , "_�_ =�. RCCQRtaS Or E'ALM i�GACl� C�QUKfY. F[.OR[ow� :'[rteEr;tCE sovr�t �1°a�:tc�• wcs"r�4o�tG . . � SIIIDSOUTHR[Gt�l�`-4E�-WAITLINEADISTANCEQ[;S2�CFGGTTO't'Et�[ • :� CUR�'E. l3GNG CONCAVE'[�b't7�ES0[Ir'E� AND.NAYtNG /1 ttADIUS OC ZciS.W [�EGT: TEi�NC'� � ' .i WCSTEIZL:Y /U..ONO"i'NG /IRCOr SA�� CUR1/L� THRC�UGN /l CCM'RAI. ANGI.0 O� t t°SS`Id', ' ;= FOR AN hTtC LEsNGTH OC G�.aG FC61:'f'E{ENCE DCPARTING SAfD 50V4'E�TtIGHT-0E-WAY • � :4 LtNESOUTE�SI•tA'tS1"EAS'['*AD[STANCCOF38.$3FF.E't:THENCCi90U'�`Eit1c1°tl'6f"CAST.A . ; U1ST�li�C� OF G8.51� FEET't�0 TtiF. BEQMt�itNG OF A CURVE„ DE[NG ,�ONSAVE Tp T1iE �S/�ST ' `} AN� E[AYtN(3 %A RIIDtUS OF 70.00 FT�T;'CifENCE SOUI'EtER1.Y ALANG 1tlE /l[tC OP SAID � .. �� CUR.VETHItUI�GF[ A C'ENTRIIi. ANGt.E OF 18°56'!it". t�R 11l�t ARC [:ENCt7l OF L1.fi �EEI':: • �_ 'iNENCE SOUlZt i�i°i3'13' WEST. Il'D[S'CANCE�F t73.19 FII.rt'T4Tt�[E B�GtNNINGO�'11' "�. - : 3 �'CURYE.BEINti CONC/1VET�TNE�E�IST/�ND HAVtNaA R11DNS0[' 13U,cK1 E�ET:11lENC�. . _ .$OUfI(ERi.Y �IWNG Tl1E �IRC'OE SAtD CURVC THROUG[t A CEKCRAI.- /It�IGI.L= pI''tlt°SC'�1�":' ' �OR AN ISRC LCNG'[7[ O.� �2.97 FEE[;'[�[Cr(C6 SOUITC(lp EAST:1� D[ST/INCGOF•7�.9'1 [EEC:'t't1ENCE Sb.1Ji'Et:s t°�G'SS" W�ST. A�D[STANCEOC iS.�G�FEGFTO'A PO[NZ'ON TEiE • � NORTH RIGHT-0E-WAY OFSA[D BFIIDGIs �tOAD; T1{EN�E NOR'T1I.R9°4GSS" EAST 'Nx3NG . - SIIID NORTH REGI{1'-0E-�YAY UNE. A D[$1'�►NCC Of 1 li1.Uq FEEF'I�O 71�E POtNT 0[� ; - ;;::3_•� G��:...... .. . � . � - •- . � - • • • . � . _�: _. --�--=- � �,� � �.A... � � ..: � � � �� x �, �� 4 � �x.:. .. ��. ��s�° � :� � � � � � .��'�a� �` � -�'s�v�� '� a „ a ,"*'� e�`� � ,t �� °��`� � '�,` � ° � � �, � � � '�� < �' ' � :,. � , s " ° �� ,ti�".,;�:..: � ; --- - -: ___. --- --- _ — �° �-- --_ _--_ _ —_ _ — �'�lag� o� �'ec��es�a � C�It/�.�1 Cornmr�n��a�`ons tl�/o�r�ers o� �lrne�r��a COLLECTIVE BARGAINING AGREEMENT ;, 2003 -- 2006 TABLE OF CONTENTS ARTICLE NO. PAGE NO. PREAMBLE.....................................................................................................................1 ARTICLE1 ......................................................................................................................2 RECOGNITION............................................................................................................2 ARTICLE2 ......................................................................................................................3 REPRESENTATIVES OF PARTIES ............................................................................3 FOR BARGAINING PURPOSES ..................................................................................3 ARTICLE3 ......................................................................................................................4 MANAGEMENTRIGHTS .............................................................................................4 ARTICLE4 ......................................................................................................................5 NON-DISCRIMINATION ............................................................................................... 5 ARTICLE5 ......................................................................................................................6 GRIEVANCE PROCEDURE .........................................................................................6 ARTICLE6 ....................................................................................................................10 NOSTRIKE ................................................................................................................10 ARTICLE7 ....................................................................................................................11 HOURS OF WORK AND OVERTIME ........................................................................11 ARTICLE8 ....................................................................................................................12 UNIFORMS................................................................................................................12 ARTICLE9 ....................................................................................................................14 WAGES......................................................................................................................14 ARTICLE10 ..................................................................................................................16 INSURANCE..............................................................................................................16 ARTICLE11 ..................................................................................................................18 SICKLEAVE ...............................................................................................................18 ARTICLE12 ..................................................................................................................20 HOLIDAYS.................................................................................................................20 ARTICLE13 ..................................................................................................................22 VACATIONS ............................................................................................................... 22 ii TABLE OF CONTENTS ARTICLE NO . PAGE NO. ARTICLE14 ..................................................................................................................24 BEREAVEMENTLEAVE ............................................................................................24 ARTICLE15 ..................................................................................................................25 SENIORITY................................................................................................................25 ARTICLE16 ..................................................................................................................26 LAYOFFS...................................................................................................................26 ARTICLE17 ..................................................................................................................28 WORKRULES ...........................................................................................................28 ARTICLE18 ..................................................................................................................29 DRUG-TESTING ........................................................................................................29 ARTICLE19 ..................................................................................................................31 SAFETYCOMMITTEE ...............................................................................................31 ARTICLE20 ..................................................................................................................32 LABOR-MANAGEMENT COMMITTEE ......................................................................32 ARTICLE21 ..................................................................................................................33 PAYROLL DEDUCTION OF UNION DUES ...............................................................33 ARTICLE22 ..................................................................................................................35 LEAVEWITH PAY .....................................................................................................35 ARTICLE23 ..................................................................................................................36 PAYBENEFITS ..........................................................................................................36 ARTICLE24 ..................................................................................................................38 LEAVEPOLICY ..........................................................................................................38 ARTICLE25 ..................................................................................................................39 APPLICABILITY OF TERMS ......................................................................................39 ARTICLE26 ..................................................................................................................40 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES .................40 ARTICLE27 ..................................................................................................................41 DURATION, MODIFICATION AND TERMINATION ...................................................41 iii TABI.E OF CONTENTS ARTICLE NO . PAGE NO. EXHIBIT . .................................................................................................................. 42 EXHIBIT .................................................................................................................43 iv PREAMBLE This Agreement is entered into befinreen the Village of Tequesta, Florida, ("Village"), and the Communications Workers of America ("CWA"). It is the intent and purpose of this Agreement to ensure a sound and mutually beneficial relationship between the parties and to set forth agreement between the parties concerning wages, hours and other terms and conditions of employment. 1 ARTICLE 1 RECOGNITION The Village recognizes the CWA as the exclusive bargaining representative, as defined in Chapter 447, Florida Statutes, as amended, for employees employed in the Unit defined by the Public Employees Relations Commission, in Certification No. 1080 as set forth in Exhibit "A." 2 ARTICLE 2 REPRESENTATIVES OF PARTIES FOR BARGAINING PURPOSES Section 1: Upon request by one party, the other party shall provide, in writing, the name(s) of its representative(s) within three (3) days of such request. Union representatives for the purpose of this agreement are defined as the local Union President, Executive Vice- President, Secretary, Treasurer, Village Vice-President, Village Chief Steward and Village Steward. Not more than finro (2) Unit Members employed by the Village shall be Union Representatives. Section 2: The Union shall be permitted space on existing bulletin boards to post necessary Union notices of a businesslike non-inflammatory nature. The Union shall supply at its own expense a bulletin board where the Union feels existing space is inadequate, upon receiving the prior written consent of the Village Manager, or his designee, prior to Union placement of any such bulletin board. All notices must be approved prior to posting by the Village Manager or his designee and signed by an elected official of the local union. Section 3: A Union Time Pool shall be established and administered by the Village. Contributions from Unit Members may be made from time accumulated in vacation or compensatory time off that may have accrued to Unit Members. Such contributions shall be irrevocable. Each contribution shall be in an amount equal to two (2) hours of pay, although there is no limit to the number of contributions a Unit Member may make. The pool shall be used only for the purpose of compensating up to two members of the unit for up to 40 hours each per year at their regular rate for the purpose of bargaining. Any overtime liability which may be incurred due to payments made under this Article shall be paid out of the time pool. Section 4: With prior approval of the Village, Union Representatives who work for the Village may be granted time off without pay for the purpose of attending to any Union Representative activities. Except for the purpose of negotiations, time off shall be limited to no more than one employee at a time. During such time off, employees shall be subject to recall to work #o attend to emergencies. Total time off shall be limited to four (4) days per employee per fiscal year, excluding time for negotiations. 3 ARTICLE 3 MANAGEMENT RIGHTS Subject to the specific provisions of this Agreement, the parties agree that the Village has and will continue to retain the right to operate and manage its affairs in all respects; and the powers or authority which the Village has not officially abridged, delegated, or modified by the express provisions of this Agreement are retained by the Village. The rights of the Viflage through its management officials shall include, but shall not be limited to, the right to determine the organization of Village government; to determine the purpose for each of its constituent departments; to alter or amend work rules or regulations; to make and enforce productivity or efficiency standards; to alter or amend hours-of-work or work schedules; to exercise controt and discretion over the organizafiion and efficiency of operations o€ the Village; to set standards for service to be offered to the public; to direct the employees of the Village, including the right to assign work and overtime; to hire, examine, classify, promote, train, transfer, schedule and assign; fio suspend, demote, discharge, or take other disciplinary action against employees for just cause; to increase, reduce, change, confiract, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work or funds or other legitimate reasons; to contract or subcontract future or existing work; to determine the locations, methods, means and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased; to establish, modify, combine or abolish positions; to establish, change or eliminate existing methods of operation, equipment or facilities, and to establish, implement and maintain an effective internal security program. The Village has the authority to determine its purpose and mission and to prepare and submit budgets. 4 ARTICLE 4 NON-DISCRIMINATION The Village and the CWA specifically agree that the provisions of this Agreement, except where expressly noted otherwise in the Agreement, shall be equally applicable to all full-time employees covered herein without regard to membership or non- membership in a labor organization, as provided by law. 5 ARTICLE 5 GRIEVANCE PROCEDURE Section 1: A grievance shall be defined as a dispute over the interpretation or application of the provisions of this Agreement and a dispute over the discipline or discharge of any unit member covered by this Agreement. Section 2: Should the Village wish to pursue a grievance, such grievance must be presented to the CWA for a response. The CWA shatl have fifteen (15) working days in which to submit a written response. The Village may appeal the CWA's response to arbitration pursuant to Step 3 of the procedure below. Section 3: Probationary emptoyees (new employees with less than one (1) year of continuous service) shall not have access to the grievance procedure to challenge discipline or discharge. Section 4: If grievance matters must be attended to during normal working hours, it will be done so as to cause a minimum of interference with production or services. At Steps One and Two of the grievance procedures below, the aggrieved employee who filed fihe grievance will be paid for attendance at grievance meetings called by the Village occurring at a time the employee would otherwise have been working for the Village. Section 5: Should any grievance arise the parties shall attempt to settle such grievance promptly through the following steps: Step 1 The aggrieved employee and/or the Union shall present in writing the grievance to the Department Head within fifteen (15) working days of the occurrence of the alleged grievance or of the time the grievant knew or should reasonably have 6 known of the occurrence of the event leading to the grievance. The written grievance will be submitted on an approved form and include the following information: (a) the employee's name and signature; (b) date of alleged incident giving rise to the grievance; (c) all known relevant information concerning the grievance; (d) Article and section of the Agreement allegedly violated; and (e) relief sought by the employee. The Department Head shall investigate the grievance and respond within fifteen (15) working days following receipt of the grievance. The Department Head or designee shall meet with the aggrieved employee as part of his/her investigation. At his/her discretion, the aggrieved employee may be accompanied in any grievance proceeding by a CWA representative. A copy of fihe approved form is attached hereto as Exhibit "B." Sfiep 2 If the grievance is unresolved after Step 1, then the aggrieved employee and/or the Union may submit the grievance, in writing, along with the response at Step 1 to the Village Manager, within fifteen (15) working days of the time the Step 1 response was received. The Village Manager or designee shall meet with the aggrieved employee as part of his/her investigation at his/her discretion. The Village Manager shall respond in writing within fifteen (15) working days of his/her receipt of the grievance. Note: Where appropriate, grievances may be submitted directly to the Village Manager. Step 3 Either party desiring to seek arbitration must notify the other party within thirty (30) working days of the decision of the Village Manager in Step 2, or in the case of a Village grievance, within thirty (30) working days of the CWA's response. The Village Manager and the CWA shall jointly request from the Federal Mediation and Conciliation Service a list of five (5) names of qualified arbitrafiors. 7 After receipt of such a list, representatives of the Village and the CWA shall each strike names from the list. The party requesting arbitration shall strike first until oniy one name remains on the list. The arbitrator whose name remains shall be selected and notified by the parties. The decision of the arbitrator shall be final and binding on both parties, except as provided by law pursuant to Chapter 682, Florida Statutes, or #he circuit court finds that the arbitrator's decision is clearly erroneous or in violation of public policy. Section 6: The costs of the arbitrator shall be borne by both parties equally. Each party shall bear the cost of its own representatives and witnesses. If a transcript of the hearing is made, any party desiring a copy of the transcript shall pay its proportionate share. Section 7: The arbitrator shall have no power to alter, modify, amend or subtract from the terms of this Agreement. Section $: Grievances involving or affecting more than one member of the bargaining unit may be filed collectively by the CWA. Section 9: For the purpose of this Articfe, the term "working days" shall be rnterpreted as Monday through Friday. Saturday, Sundays and days designated as holidays shali be excluded. By mutual agreement of both parties, in writing, time frames may be extended during any Step of the grievance process. Section 10: In any grievance involving issues of back wages, benefits or any other issue involving continuing money damages, th� arbitrator shall not be empowered to award damages occurring before the date the grievance was filed retroactive to a dafe more than 10 (ten) working days prior to #he filing of a grievance. 8 Section 11: In keeping with the intention of the parties to resolve disputes in an informal manner, prior to filing an unfair labor practice charge with the Public Employees Relations Commission over an alleged unilateral chan�e in wages, hours, or terms and conditions of employment, the CWA will provide written notice to the Village Manager of the alleged unilateral change and give the Village ten (10) working days to rescind the alleged change and, if not a term of this Agreement, request bargaining with the Union. 9 ARTICLE 6 NO STRIKE The CWA agrees to abide by Florida Statute 447.505. In the event of a change in the law, the law will supersede the Contract. 10 ARTICLE 7 HOURS OF WORK AND OVERTIME Section 1: The normal work week shall be seven (7) days from Sunday through Saturday, and shall consist of 40 hours for full-time employees. Ptant Operators and Dispatchers may receive a half hour meal break. Other unit members shall receive a 30 minute unpaid meal break and may also receive a 30 minute paid meal break, if work load permits. To the extent permitted by law, hours worked over forty (40) in any work week shall be compensated through the use of compensa#ory time or overtime at the rate of one and one half hours for all hours at the employee's option. For the purpose of computing hours worked, sick leave, personal leave, and funeral leave shall not be included as hours worked. Section 2: Hours of work will be determined by the Village. Work schedules may be adjusted to facilitate Department needs. Except in cases of emergency, employees shall be notified of work schedule changes, other than overtime, three (3) working days in advance of the work schedule change. Section 3� Overtime assignments may be required by the Village and shall be distributed arr�ong those employees who normally perForm the work, including part-time personnel. Overtime work records shall be maintained by the Village Payroll Supervisor and may be examined there. Part-time personnel shall not receive compensation at time and one-half their regular rate unless they work over 40 hours in a work week. 11 ARTICLE 8 UNIFORMS Section 1: The Village agrees to provide uniforms once per year for unit members that it determines will be required to wear uniforms on-duty as follows: A. Communications Officers (Dispatcher) -- Two (2) pants or one (1) pants and one (1) skirt to be provided at the employee's option and three (3) shirts in any combination of long sleeve or short sleeve at the employee's option, one (1) tee shirt, and one (1) vest to be provided at the unit member's option. B. Equipment Operator -- Six (6) shirts, either tee shirts, knit shirts or regular shirts or any Gombination at the sole discretion of the Village and six (6) pants, either three (3) long pants or three (3) short pants, or, six (6) long pants at the employee's discretion. Service Technician I& II -- Six (6) shirts, either tee shirts, knit shirts or regular shirts or any combination at the sole discretion of the Village and six (6) pants, either three (3) long pants or three (3) short pants, or, six (6) long pants at the employee's discretion. Park Foreman -- Six (6) shirts, either tee shirts, knit shirts or regular shirts or any combination at the sole discretion of the Village and six (6) pants, either three (3) long pants or three (3) short pants, or, six (6) long pants at the employee's discretion. Plant Operator Trainee -- Six (6) shirts, either tee shirts, knit shirts or regular shirts or any combination at the sole discre�tion of the Village and six (6) pants, either three (3) long pants or three (3) short pants, or, six (6) long pants at the employee's discretion. Service Technician Trainee -- Six (6) shirts, either tee shirts, knit shirts or regular shirts or any combination at the sole discretion of the Village and six (6) pants, either three (3) long pants or three (3) short pants, or, six (6) long pants at the employee's discretion. Plant Operator I& II -- Six (6) shirts, either tee shirts, knit shirts or regular shirts or any combination at the sole discretion of the Village and six (6) pants, either three (3) long pants or three (3) short pants, or, six (6) long pants at the employee's discretion. 12 SeCtion 2: So long as full-time employees in the following elassifications are required to wear uniforms, they shall receive the following annual allowances: (a) Communications Officers (Dispatcher) -- cfeaning allowance of $350.00 per year & shoe allowance of $75.00 per year (b) Equipment Operator -- shoe allowance of $100.Q0 per year (c) Service Technician 1& I1 -- shoe allowance of $100.00 per year (d) Park Foreman -- shoe allowance of $100.00 per year (e) Plant Operator Trainee -- shoe allowance of100.00 per year (fi� Service Technician Trainee -- shoe allowance of $100.00 per year (g) Plant Operator I& II -- shoe allowance of $100.00 per year (h) Deputy Building Official -- shoe allowance of $100.00 per year Allowances shall be paid in the first regular paycheck following ratification of this Agreement and the first pay period of the fiscal year for subsequent contract years, except that cleaning allowances shall be paid in one-half increments iwice per year. Employees who are paid a cleaning allowance under this Article and who leave before the end of the fiscal year shall have their final paycheck reduced by an amount equal to the pro-rated share of fihe allowance #or the remaining months of the fiscal year. 13 ARTICLE 9 WAGES Section 1: 1. Effective October 1, 2003, Unit Members shall receive performance reviews within thirty (30) days of their anniversary da#e pursuant to the Village's PerFormance Planning and Review system ("Performance Review"). Evaluations shall be conducted on a satisfacfiory/unsatisfactory basis. 2. Subject to paragraph 3 below, if a Unit Member receives a"satisfactory" evaluation, the Unit Member will receive a three percent (3%) salary increase. Any Unit Member receiving an "unsatisfactory" evaluation shall not be entitled to any salary increase for a period of ninety (90) days and will be placed on probation until such time as determined by the Unit Member's supervisor. At the conclusion of the nine#y (90) day probationary period, the Unit Member shall be re-evaluated and, if he or she receives a satisfactory evaluation, the Unit Member will be eligible for a three percent (3%) salary increase. In addition, to be eligible to receive the three p�rcent (3%) increase, the Unit Member must have been continuously employed by the Village for the twelve month period immediately preceding October 1 of each fiscal year. 3. In subsequent contract years, performance evaluations will occur within thirty (30) days of October 1 of each fiscal year and Unit Members who receive a"satisfactory" evaluation will receive a three percent (3%) wage increase, effective Oc#ober 1 of the fiscal year of the evaluation. The same ninety (90) day evaluation period referenced in paragraph 2, abave, will be applicable in subsequent contract years. 4. Effective October 1, 2003, Unit Members shall receive a one and one-half percent (1'/ %) cost of living salary increase, in addition to any increase received pursuant to paragraphs 1 and 2, above. Effective October 1, 2004 and October 1, 2005, Unit Members shall receive a cost of living salary increase equal to any increase in the Consumer Price Index ("CPI"), A11 Urban Consumers, South Region, as published by the U.S. Bureau of Labor Statistics, for the preceding twelve (12) months subject to a maximum increase of four percent (4°!0). 14 Section 2: Any employee may appeal their performance review to their Department Head, in writing, within fifteen (15) days of receipt of the performance review by the employee. If the employee is not satisfied with the decision of the Department Head, the employee may request a meeting with the Department Head to discuss the performance review. At such meeting, the employee may be represented by one of the designated employee Bargaining Unit Representatives, if the Unit Member is a dues paying member of the Union, or, regardless of the Unit Member's membership in the Union, a representative of his/her choice. The decision of the Departmerrt Head shall be final and binding (No grievance under Article 5 may be brought) and shall be completed within fifteen (15) working days after the meeting beiween the employee and the Department Head. If the evaluation is revised and a merit increase warranted, the raise shall be implemented retroactively to October 1. This is the exclusive procedure for Unit Members to challenge their performance reviews, and they may not use the grievance procedure in this Agreement for that purpose. The appeal provisions contained herein shall not be applicable to any performance evaluation rendered to an employee while said employee is on probationary status. 15 ARTICLE 10 INSURANCE Section 1: A. The following provisions shall remain in effect until September 30, 2004: 1. The Village agrees to pay one hundred percent (100%) of the employee cost of health insurance. 2. The Village agrees to pay sevenfy five percent (75%) of the cost of dependant health insurance coverage for those Unit Members who elect such coverage. Unit Members who elect coverage will pay the remaining twenty five percent (25%) by payroll deduction. (a) The Village agrees to pay one hundred percent (100%) of the employee cost of dental insurance. (b) Unit Members will pay one hundred percent (100%) of the cost of dental insurance for dependents if the Unit Member elects such coverage by payroll deduction. 3. The Village will provide life insurance for full-time employees at one and one-half (1 '/2 ) times their annual salary, plus an additional Five Thousand Dollars ($5,000.00). 4. The Village may alfier coverage provided in this Article. For example, the Vitlage may convert to a Preferred Provider Organization (PPO) plan effective upon the first day of any month with twenty-eight (28) days notice to the unit members. Any alteration in coverage pertaining to this Article is subject to negotia#ion within said twenty-eight (28) day period. The Village may implement its decision prior to reaching agreement or impasse resolution concerning the impact at issue relative to altering any coverage provided in this Article. B. For fiscal years beginning October 1, 2004 and October 1, 2005, the parties may reopen this article during the montM of September immediately preceding the beginning of each fiscal year to renegotiate the payment of health insurance premiums. 16 Secfiion 2: It is the Village's intent that all its employees be adequately protected and insured for health care costs and expenses. Therefore, each Unit Member must enroll in, and continue to be enrolled during their tenure with the Village, the Village's present and available health insurance plan and maintain full coverage for themselves at a minimum. The Unit Members may enroll eligible dependants at their option. 17 ARTICLE 11 SICK LEAVE Section 1: Regular employees shall accrue sick leave at the rate of 1 day of sick leave for each month of continuous emptoyment. Sick leave is a benefit that protects employees from losing wages due to illness, and is not intended to be used simply because it is available. Sick leave accrual shall be retroa�tive to the initial date ofi hire upon satisfactorily completing the initial employment probation and attaining regular employee status. Section 2: Sick Leave Accrual. Sick leave may be accrued to a maximum of 200 days (1600 hours). However, sick leave accrual shall be reduced ten percent (10%) each fiscal year as follows: 1. Effective October 1, 2004, 180 days (1440 hours); 2. Effective October 1, 2005, 162 days (1296 hours). Sick leave shall not accrue during leaves of absence without pay, suspensions in excess of ten (10) working days per year, or when a Unit Member receives Workers' Compensation temporary benefits and is not able to work in his/her position held immediately priar to the commencement of payment of Workers' Compensation temporary benefits. This shall be consistent with the Family and Medical Leave Act (FMLA). For absences of more than three (3) days, the Village may request, at its discretion, a qualified doctor's note indicating the illness of the Unit Member and verifying the amount of sick leave taken was necessary based upon the Unit Member's illness. "Qualified doctor" shall be a duly licensed doctor of inedicine. The Village has the right, at its sole discretion, to verify that Unit Members are using sick leave for the purpose for which it is provided. Full-time Unit Members may use sick leave when ill, when the full-time Unit Member has a doctor's appointment, but not to exceed the extent of time required to complete such appointments, or when an immediate family member (spouse, child, or parent) is ill, and to supplement Workers' Compensation temporary disability benefits as a result of an on-the-job injury in an amount sufficient to equal the employee's regular rate of pay during the period of temporary disability, provided however such supplementary 18 benefits shall not be paid in excess of the accrued sick leave credited to the employee. Extended use of sick leave in excess of three (3) days to care for an immediate family member shall require the prior approval of the full-time Unit Member's Department Head. Family and Medical Leave Act (FMLA) shall run concurrently with employee sick leave usage for absences in excess of three (3) days. Earned sick leave accruals must be exhausted prior to taking an unpaid medical leave of absence. 3ection 3: - Upon separation from the Village in good standing, with proper notice, or for reasons beyond the employee's control, the employee shall be paid for his/her accrued sick leave according to the following schedule. YEARS OF PERCENTAGE OF ACCRUAL EMPLOYMENT PAID TO EMpLOYEE One (1) through Four (4) 25 Percent Five (5) through Nine (9) 33 Percent Ten (14) through Nineteen (19) 40 Percent Twenty (20) or more 50 Percent Section 4: Sick Leave Buy Back. Effective December 1 of each fiscal year, any Unit Member who has been continuously employed for at least twelve (12) months and who has an accrued sick leave balance of 480 hours, and who has taken no more than 40 hours of sick leave during the twelve (12) month period immediately preceding December 1 of each fiscal year, may surrender 40 hours for cash payment at one hundred percent (100%) ofi their current hourly rate. Any additional eligible hours may be redeemed at fifty percent (50%) of their current hourly rate. However, Unit Members must have at least 360 hours of sick leave remaining after surrendering sick leave for cash payment to be eligible to buy back sick leave under these provisions. At the close of the fiscal year, the Finance Department will compile a list of employees who are eligible to convert excess sick leave to cash payment. If eligible, employees will be notified by the Finance Department of how many days may be converted and the date by which the employee needs to decide. Employees will respond indicating the amount of days they wish to convert to cash payment, if any. 19 ARTICLE 12 HOLIDAYS Section 1: The Village recognizes the following holidays wherein, unless required to work on that day, Unit Members shall be given the day off and shall be paid eight (8) hours of pay at their regular hourly rate of pay hereinafter called holiday pay: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, day after Thanksgiving, day before Christmas Day, Christmas Day, day before New Year's. Full-time-Dispatchers who work on a holiday defined above, shall receive one and one- half (1-1/2) times their regular rate of pay and 8 hours of holiday pay (i.e. at their regular rate). The one and one-half times the regular rate of pay shall not apply unless the Unit Member has actually worked three (3) or more hours. Unit Members whose regularly scheduled day off falls on a holiday shall receive 8 hours of holiday pay. In no event shall a Unit Member receive in excess of eight (8) hours of holiday pay for any recognized Village holiday. Full-time Plant Operators I& II and Plant Operator Trainees who work on a holiday defined above, shall receive one and one-half (1-1/2) times their regular rate of pay and 8 hours of holiday pay (i.e., at their regular rate). The one and one-half times the regular rate of pay shall not apply unless the Unit member has actually worked three (3) or more hours. In calculating the hours worked, the minimum hours worked provisians of the Pay Benefits article, Section 2, shall nat apply, only actual hours worked shall apply. If a hofiday falls on a Saturday, the Village will recognize the holiday on the preceding Friday. If the holiday falls on a Sunday, the Village wi11 recognize the holiday on the following Monday. Unit Members shall only receive holiday pay when they are in pay status on the day before and the day after the holiday. Full-time Unit Members whose regularly scheduled day off falls on a holiday shall receive eight (8) hours pay at their regular hourly rate, except for full-time Dispatchers who shall receive eight (8) hours of compensatory time. Except as provided above, full-time Unit Members who are required to work their regular shift on the holidays above shall be paid for their hours worked at their regular 20 hourly rate of pay and eight (8} hours of holiday pay at their regular hourly rate of pay. Full-#ime Dispatchers who work their regular shift on a holiday shall receive eight (8) hours of compensatory time or holiday pay at their option. Such time credited under this Article and the Hours of Work and Overtime Article shall not exceed a total of eighty (80) hours. Section 2: Full-time Unit Members shall receive three (3) paid personal days per calendar year, which, if not taken during that year, shall no longer be available to the Unit member for utilization. Personal days shall be taken in minimum increments of four (4) hours. 21 ART(CLE 13 VACATIONS Section 1: Vacation leave is accrued at the following rate upon the anniversary of a full-time unit members date of hire as follows: DATE OF HIRE ANNUAL VACATION ANNIVERSARY LEAVE ACCRUAL One (1) through Four (4) 80 Hours Five (5) through Nine (9) 120 Hours Ten (10) or more 160 Hours Section 2: The full-time employee shall earn vacation leave throughout the year. An employee is eligible for vacation leave with pay after having successfully completed his or her initial six months probation review. Full time employees with less than one (1) year of employment with the Village, who have successfully campleted their probationary period, shall accrue vacation leave at the same rate as an employee that has achieved a one (1) year anniversary of employment with the Village as indicated in the table above. Vacation hours are accrued on a semi-annual basis during the initial probation review period (lump sum), and will continue to be earned throughout regular employment, credited at 1I26 of the employee's annual allotment each pay period. Section 3: The maximum carry-over from employee evaluation period under this Article is five hundred (500) hours. Employees must use eighty (80) hours of vacation time per year to be entitled to carry-over hours. Employees mus# take any leave over 500 hours within thirty (30) days from their anniversary in the employee's present position, or they will lose any vacation accrual in excess of the 500 hours. Employees must request all vacation time off in writing. All employee requests for vacation time off shall be reasonable and in accordance with that employee's departmental policies governing vacation leave requests. The Village may nat unreasonably deny the requested time off when such request is for vacation time accrued in excess of 500 hours. 1f the Village unreasonably denies the requested time off the employee shall be paid the vacation accrual in excess of 500 hours that was unreasonably denied by the Village. Vacation leave may be requested for use in minimum four (4} hour Fncrements. 22 Section 4: When a full-time unit member has been pre approved for vacation leave and the vacation leave granted to the full-time unit member falls on a scheduled Village of Tequesta payday, the full-time unit member shall be entitled to receive in advance of the scheduled vacation time off the regular paycheck that the unit member would ordinarily receive, provided #hat the unit member includes such request in the required written request for vacation time off and provided that the written vacation time off request is received and approved by the unit member's Department Head no later than the Monday before the last payday before the unit member's scheduled vacation time off commences. The Department Head shall notify the Finance Department or Payroll Supervisor to process such a request by a unit member no later than the Tuesday before the last payday before the uni# members scheduled vacation time off commences. Section 5: When full-time unit members resign their position with the Village in good standing they will be entitled to pay for all unused vacation leave. However, no employee shall be paid for unused vacation leave over 500 hours. Section 6: Part-time unit members who have been employed by the Village for one (1) year shall be entitled to two (2) weeks of vacation leave per year, without pay. Vacation leave granted to part-time unit members shall not be carried over from year to year. In other words, any vacation time granted to part-time unit members must be used within one year of its receipt or it shall be lost by the part-unit member and no longer available for use. Section 7: Vacation leave shall not accrue during leaves of absence without pay, suspensions in excess of ten (10) working days per year, or when a Unit Member receives Workers' Compensation temporary benefits and is not able to work in their position held immediately prior to the commencement of payment of Workers' Compensation temporary benefits. 23 ARTICLE 14 BEREAVEMENT LEAVE Regular employees shali be granted up to three (3) consecutive work days off at the employee's discretion for death in the employee's immediate family. The immediate family shall be construed to mean one of the following: Spouse Spouse's Parent Child Spouse's Brother Parent Spouse's Sister Sister Spouse's Child Brother Spouse's Grandparents Grandparents Step-Sister Grandchild Step-Parents Step-Brother Step-Child If additional time is necessary, the employee may request to use accrued vacation time, compensatory time off or personal days, or the Village Manager may, at his sole discretion, grant additional time off without pay. 24 ARTICLE 15 SENIORITY Section 1: Seniority for purposes of application of this Agreement is an employee's length of continuous service with the Village, dating from his/her date of hire into a regular position. Section 2: .�. Seniority shall be used for the purpose of scheduling vacation. Section 3: Seniority and the employment relationship shall be broken and terminated if an employee: (a) quits or fails to report to work for three consecutive days without notifying his supervisor; (b) is discharged for just cause; (c) fails to report to work at the termination of a leave of absence or extension thereof; or (d) is absent for more than 200 clays for any reason, inclusive of �MLA, if any. 25 ARTICLE 1 f LAYOFFS Section 1: The Viilage shall have the right to determine the means of effectuating layoffs. The Village may impose general across-the-board layoffs, potenfiially affecting all members of the Bargaining Unit equally, regardless of classification. The Village may impose layoffs which may impact specific classifications only or other layoff formats that the Village chooses in order to operate and manage its affairs in all respects. When in the sole discretion of the Village layoffs will occur, they will be accomplished in the following manner: (1) Fult-time unit members on probationary status shatl be laid off first and in the inverse order of hire (i.e. latest date of hire first); and (2) Full-time employees, in affected classifications, will be laid off in the inverse order of their seniority if they have equal skill, qualifications and performance evaluations (i.e. an employee who has greater skills, qualifieations and perFormance evaluations may be retained over an employee with greater seniority. Section 2: In the event the Village chooses to impose layoffs impacting specific classifications, the Village recognizes the potential that unit members may be subject to layoff even though they have a level of skill ar�d training in excess of unaffected employees engaged in another classification. Therefore, whenever the Village imposes any specific classification(s) layoff(s) the following procedures shall apply: (1) Any full-time unit member designated to be laid off shall have the right to "bump" the least senior full-time probationary unit member in an initial probationary status classification, in another job classification, provided that the employee has a level of skill and training in excess of such employee(s) as determined by the Department Heads and the Village Manager. (2) In the event there are no fufl-time unit members in or remaining in an initial probationary status category, the full-time unit member designated for layoff shall have the right to "bump" or transfer the layoff to a full-time unit member having less merit than the unit member designated for layoff as determined on the basis ofi merit, including the fength and character of 26 their service, job knowtedge, skills and abilities, and the needs of the Village, as determined by the Department Heads and the Village Manager. Section 3: Laid off unit members who are qualified for an existing opening in a position of equal or lesser status to their previously held position will be recalled for up to six (6) months from the time they are laid off. Laid off unit members shall be recalled on the same basis in which they were laid off. In the event of a recall, the Village shall notify the unit member by certified mail, return receipt, of such recall and give the unit member five (5) days to reply. It is the responsibility of the unit member to keep his/her current address on file with the Village. No position shall be held open for an unit member for more than five (5) days after he/she has received the Notice of Recall. 27 ARTICLE 17 WORK RULES Section 1: Each member of the bargaining unit shall be provided with a copy of the department's rules and regulations, procedural manuals formulated by the Village and a copy of this collective bargaining Agreement upon ratification of this Agreement. All new Unit Members hired after the ratification of the Agreement shall be provided with copies of the same by the Village. Section 2: Any changes of rules and regulations must be posted by the Village on all designated bulletin boards three (3) working days prior to implementation, unless emergency circumstances dictate the imposition of an immediate effective date for the rule change. 28 ARTICLE 18 DRUG-TESTING Section 1: The parties agree to implement the Village's Drug Free Workplace Policy. Section 2: The authority to order an applicant or employee to submit to drug or alcohol testing pursuant to the Village's Policy is vested in the Village and its officials acting in the interests of the Village. Authority to test is subject to the following guidelines: (1) All job applicants will be subject to testing without the necessity of particular authorization from any Village ofFicial or representative. (2) Drug testing which is conducted pursuant to a routine fitness for duty examination does not require particular authorization from any designated Village official beyond that required for the examination itself. (3) Reasonable suspicion testing must be authorized by a Vi{lage employee of supervisory or higher status in #he Village organization. Supervisors with information (including through their own observation) concerning employee drug or alcohol use in violation of this Policy are authorized to make a determination as to whether he or she believes there is a reasonable suspicion that the employee is using or has used drugs or alcohol in violation of this Policy. This decision must be made by a supervisory or higher ranking employee, but he or she may consult one or more of the following: Department Head, Safiety Committee Chair, Village Attorney, or Village Manager. An order to submit to testing may be given by the decision-maker or another appropriate supervisory employee. {4) Except to the extent modified by other Village policies or collective bargaining agreements, follow-up testing may be authorized by a supervisor or higher ranking employee. Section 3: Employees who come forward on their own accord seeking assistance for a drug or alcohol problem shall be given a one-time opportunity to go through rehabilitation under the Village's Employee Assistance Program without being subjeet to discipline. If the employee does not successfully complete the rehabilitation, tests positive at a later 29 date, or is under the influence of drugs or alcohol at a later date, then the employee shall be disciplined up to and including termination. Employees testing positive under this Articte shall be subject to additional follow-up testing per the Village's Drug Free Workpface Policy. Section 4: The Village's Drug-Free Workplace Policy shall go into effect upon written notification by the Village no sooner than 60 days following the Village's ratification of this Agreement. 30 ARTICLE 19 SAFETY COMMITTEE The parties agree to establish a safety committee, pursuant to Section 442.012 Florida Statutes. 31 ARTICLE 20 LABOR-MANAGEMENT COMMITTEE Section 1 - The Village and the Union agree to establish a Labor-Management Committee to encourage and foster effective labor-management cooperation and communication. Section 2: The Committee shall be composed of four (4) members designated by the Village and three (3) members designated by the Union from the bargaining unit. The parties shall provide each other with the names of their designated committee members. Section 3: Meetings will be held quarterly or at the request of either party on official time during duty hours for the purpose of discussing labor-management matters. The parties agree that grievances of employees shall not be appropriate for d'+scussion. Section 4: The Union, through one of the employee representatives designated for that purpose, shall submit agenda items to the committee chair designated by the Village at least fourteen (14) days prior to the meeting. Likewise, the chair designated by the Village shall provide the Union with agenda items to be raised at teast fourteen (14) days prior to the meeting. If there are no agenda items submitted, the meeting will be canceled. Each party may maintain its own minutes of the meetings, and may arrive at joint recommendations. 32 ARTICLE 21 PAYROLL DEDUCTION OF UNION DUES Section 1: The Village agrees to make payroll deductions based upon an annual calculation of Union dues when authorized to do so by the employee on a form certified to the Village by the Secretary-Treasurer of the Union and to pay over to the Secretary-Treasurer of the Union any amounts so deducted. Annual union dues are calculated by multiplying monthly union dues times twelve (12). Section 2: (a) The Village agrees that, upon receipt of an individual written request on a form specified in Section 1 and signed by an employee covered by this Agreement, it wilt deduct biweekly from such employee's wages the amount of Union dues and initiation fees specified in such request not to exceed 1/26th of the annual union dues. Additionally, the Village will deduct the full initiation fee, if any, from the employee's wages in a lump sum upon the initial payroll deduction to be implemented for Unit Members authorizing such deduction. The Village will forward monthly an amount equal to two (2) hours of wages per month for each employee authorizing the same, plus initia#ion fees authorized by a Uni# Member, if any, to the Secretary-Treasurer of the Union or his/her authorized agent as may be requested in writing. (b) In general, dues deduction will be made in designated pay periods, for properly executed dues deduction authorizations received by the appropriate Village representative on or before the 15th day of fihe following month. The Village shall assume no responsibility either to the employee or to the union for any failure to make or for any errors made in making such deductions. The Village will make such efforts as it deems appropriate in correcting any such errors or omissions. (c) An employee of the bargaining unit may submit a written request to the Village payroll supervisor and the Union President to revoke a dues deduction authorization which shall be effective within thirty (30) days of receipt by the Village Payroll Supervisor and the Union President. Copies of Unit Member written requests for dues deductions revocations received by the Village payroll supervisor will be supplied to the Union President. 33 Section 3: The Village shall submit a monthly list of the names, addresses and social security numbers of employees in the bar�aining unit, employees on whose behaff dues have been deducted, Village employee identifying numbers, seniority date, or date of hire, of additions, date of termination, or date of transfer out of the bargaining unit for deletions. The payroll deduction remittance to the Union will be made during the first fifteen (15) days of each calendar month. 34 ARTICLE 22 LEAVE WITH PAY �ection 1: Attendance at Meetings, Leave with pay may be granted for Village approved attendance at official Village or work related educational meetings, conferences or seminars, if authorized in writing by the Department Head. Section 2: Jury Duty or Witness Duty. Leave with pay will be granted for jury duty, pursuant to applicable law, upon presentation of the summons, in advance of the leave requested, to the Department Head. Unit members shall receive no pay for witness duty as a result of litigation or an administrative hearing between the Village and the CWA and/or any unit employee(s). A full-time unit member may use personal days and vacation accruals for time-off associated with such witness duty with the prior permission of the Department Head upon presentation of a subpoena to the Department Head. The Village will pay the difference between the employee's regular salary and any compensation or reimbursement the employee receives for serving on jury duty. In order for unit members to receive their regular paycheck, checks received from the court must be submitted to the Finance Department. Employees who are called to testify on behalfi of the Village will be given time off with pay. Section 3: Blood Donation. In the event the Village participates in a blood donation drive on the Village premises, employees will be given time off, to be determined by the Village, in order to participate in the same. 35 ARTICLE 23 PAY BENEFITS Section 1. Recall Pav Employees who are recalied to duty shall be compensated at a rate of 1-1/2 times for the actual hours worked, or a minimum of two (2) hours, whichever is greater, Section 2. Standby Pav Employees who work in a classification which requires them to be on emergency standby (Plant Operator Trainee, Plant Operator I& II, Service Technician Trainee and Service Technician I& It) and subject to call back in case of emergency will receive 4 hours pay per week at the employees current hourly rate of pay. If the standby assignment is on a rotation, the amount of standby pay will be prorated. If standby assignments cease, the amount of standby pay will be discontinued. Unit members on standby who do not respond when called by the Village shall not be prpvided with standby pay for that day and may also be subject to disciplinary action, Unit members on standby who call in sick for regular duty shall not respond to call back on that day nor shall they receive standby pay for that day. Unit members on standby must take home a Village vehicle in order to respond when recalled to duty. Section 3. Certification Pav Employees who work for the Water Department in the job classifications of Service Technician and Plant Operator shall receive an additional 5% pay adjustment at their current rate of pay for receiving a B or C License upon presentation of the same to the Department Head. The Village will pay for the cost of renewal of said license. In the event the Water Department goes to an A status, as determined by the Department of Environmental Protection, employees receiving an A license shall receive a 5% pay adjustment upon presentation of the same to the Department Head. Any employee losing their license(s) shall have the referenced pay adjustment(s) rescinded and are subject to demotion and termination of employment with the Village. Employees who receive and maintain a Stormwater "B" or "C" Certification will receive an adjustment of 5% to their base pay. It is understood that employees who obtain Stormwater Certification(s) will perForm stormwater duties as required. The Village will pay for the cost of renewal of water licenses. 36 Section 4. Emerqencv Status Pav In the event of a declared emergency ar hurricane, if the Village sends employees home during an emergency situation or hurricane, those employees will receive regular pay for that day and it will also be counted for the purpose of computing overtime. Any employee who is called in to work or is scheduled to work during a declared emergency or hurricane shall receive time and one half for every hour worked. Section 5. Maximum Compensation In no event shall any unit member receive more than time and one-half his/her regular hourly rate for hours worked. Employees receiving holiday pay may receive that compensation in addition to the appropriate hourly rate for time worked. Section 6. Leadworker Pav A leadworker is responsible for assigning and reviewing the work of other employees in the absence of other supervision. This is a temporary assignment and shall not include hiring decisions, performance reviews, or disciplinary actions. An employee assigned as a leadworker shall be paid five percent (5%) above his or her current salary and will only be paid this differentiai after working a minimum of forty (40) hours as a leadworker each fiscal year. Section 7 Midniqht Shift Differential for Temporarv Assiqnment Employees temporarily assigned to work the midnight shift (11:00 p.m. to 7:00 a.m.) shall receive an additional five percent (5%) above his or her current salary for each midnight shift actually worked. 37 ARTICLE 24 LEAVE POLICY Section 1. Militarv Leave Military Leave is granted to regular employees to serve in the United States volunteer forces, in the state National Guard or in the U.S. regular forces. Employees must notify their supervisor if they are a member of the National Guard or the Reserves. Reserve officers and enlisted personnel in the U.S. military or naval service are entitled to up to 17 working days annually of Military Leave. There is no loss of benefits or seniority while on Military Leave. If military pay is less than the employee's Village salary, the Village will make up the difference, for up to 17 days. If a longer period of feave is required, the leave is unpaid but employees still accrue vacation time and lose no seniority. Employees must present their orders and documentation of the pay they receive, if any, from their military position. Section 2. Administrative Leave Administrative Leave with pay may be granted by the Village Manager for special circumstances. Section 3. Family Medical Leave Family leave may fall under the Family Medical and Leave Act. Employees shall use their accrued sick leave, vacation leave, and personal leave for this purpose when taking family and medical leave as provided by federal law. If accrued paid leave is exhausted the remainder of the leave shall be without pay. Family Medical Leave shall not exceed finrelve (12) weeks per annual evaluation period. 38 ARTICLE 25 APPLICABILITY 4F TERMS Unit Members who are full time Viliage employees shall receive the wages and benefits provided herein. Except as provided by law or the express terms of this Agreement, Unit Members who are not full-time Village employees shall receive an hourly wage, but shall not receive any other economic (e.g., insurance, holiday pay, vacation, etc.) benefits in this Agreement. In other words, in any section of this Agreement where economic benefits are provided for Unit Members, the Village shall not be required to provide such benefits for part-time employees unless the section explicitly refers to part-time employees' entitlement to the benefit. 39 ARTICLE 26 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that atl the understandings and agreements arrived at by the parties after the exercise of the right and opportunity are set forth in this Agreement. This Agreement may be amended by mutual agreement of the parties but any amendment must be in writing and signed by duly authorized representatives of the parties before it will be effective. 40 ARTICLE 27 DURATION, MODIFICATION AND TERMINATION The Agreement shall be effective upon ratification of the Parties, (except those Articles which explicitly provide for a different effective date) and shall continue in full force and effect until the thirtieth (30th) day of September 2006. At least thirty (30) days prior to September 30, 2006, but not prior to April 1, 2006, either party hereto shall notify the other, in writing, of its intent to modify, amend, or terminate the Agreement. Failure to notify the other party of intention to modify, amend, or terminate as hereinabove set forth, will automatically extend the provisions and terms of this Agreement for a period of one (1) year, and each year thereafter absent notification. SIGNED this day of , 2003. VILLAGE OF TEQUESTA: COMMUNICATIONS WORKERS OF AMERICA 41 EXHIBIT "A" Accounting Clerk i & II Customer Service Representative I& II Plant Operator I & il Field Technician Equipment Operator Clerk/Secretary Service Technician I & II Park Foreman Plant Operator Trainee Service Technician Trainee Deputy Building Officer Communications Officer 42 EXHIBIT "B" STEP 2 (If desired) EMPLOYEE SIGNATURE: DATE RECEIVED BY VILLAGE MANAGER: VILLAGE MANAGER'S RESPONSE: Note: Attach additional sheets, if needed. DATE OF VILLAGE MANAGER'S RESPONSE: ViLLAGE MANAGER'S SIGNATURE: STEP 3 (If desired) I AM NOT SATISFIED WITH THE STEP 2 RESPONSE AND WISH TO APPEAL THIS GRIEVANCE TO ARBITRATION. ACCORDINGLY, THE EMPLOYEE SHALL FOF2WARD THIS TO THE CWA FOR A DECISION RELATIVE TO PROCEEDING WITH ARBITRATION. EMPLOYEE SIGNATURE: QATE RECEtVED BY FOP REPRESENTATIVE: THE CWA HAS DECIDED TO APPEAL THIS MATTER TO ARBITRATION PURSUANT TO ARTICLE 5, SECTION 5, STEP 3 OF THE COLLECTIVE BARGAINING AGREEMENT. CWA REPRESENTATIVE SIGNATURE DATE DATE RECEIVED BY VILLAGE MANAGER 43