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HomeMy Public PortalAbout10-11-2019 Agenda with back-upOctober 4, 2019 MAYOR: Scott W. Morgan VICE MAYOR: Thomas M. Stanley COMMISSIONER: Paul A. Lyons, Jr. Joan K. Orthwein Donna S. White REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 11, 2019 AT 9:00 A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting of September 13, 2019 @ 4:00 P.M. B. Budget Hearing 1. September 13, 2019 @ 5:01 P.M. 2. September 24, 2019 @ 5:01 P.M. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. November 8, 2019 at 9:00 A.M. 2. December 13, 2019 at 9:00 A.M. 3. January 10, 2020 at 9:00 A.M. 4. February 14, 2020 at 9:00 A.M. 5. March 13, 2020 at 9:00 A.M. 6. April 10, 2020 at 9:00 A.M. VII. Communication from the Public (3 min. maximum) VIII. BOARD OF ADJUSTMENT HEARING. A. Application for Appeal of Final Action of Planning and Building Administrator. 1. Denial of permit to construct a "deck" at 23 Hidden Harbour Drive. 2. Violation of 2013 Settlement Agreement w/Martin O'Boyle. IX. Reports. A. Town Manager 1. Utility Undergrounding 2. Guard House at Place Au Soleil 3. Curb Construction at 3259 Polo Dr. 4. Baxter Woodman Update B. Architectural Review & Planning Board 1. Meeting Dates a. October 24, 2019 at 8:30 A.M. b. November 21, 2019 at 8:30 A.M. c. December 18, 2019 at 8:30 A.M. d. January 23, 2020 @ 8:30 A.M. e. February 27, 2020 @ 8:30 A.M. f. March 26, 2020 @ 8:30 A.M. C. Finance Director 1. Financial Report for September 2019 2. Water Usage as of September 30, 2019 D. Police Chief 1. Activity for September 2019 X. Items for Commission Action. A. Lien Reduction Request -2775 Ave. Au Soleil B. Adoption of Personnel Policy Handbook Revisions AGENDA CONTINUED C. Items by Mayor & Commissioners xi. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 13, 2019 AT 4:00 P.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Mayor Morgan called the meeting to order at 4:00 P.M. II. Pledge of Allegiance Mayor Morgan led the Pledge of Allegiance. III. Roll Call Present and Participating: Scott W. Morgan Mayor Thomas W. Stanley Vice Mayor Joan K. Orthwein Commissioner Donna White Commissioner Also Present & Participating: Gregory Dunham Town Manager Edward Nazzaro Asst. Town Attorney Edward Allen Police Chief Rita Taylor Town Clerk Absent w/notice: Paul Lyons Commissioner IV. Minutes A. Regular Meeting of August 9, 2019. Vice Mayor Stanley made a motion to accept the minutes of August 9, 2019, and the motion was seconded by Commissioner Orthwein with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items The Board of Adjustment Hearing was withdrawn and postponed to the October meeting. VI. Announcements A. Regular Meetings and Public Hearing 1. October 11, 2019 at 9:00 A.M. 2. November 8, 2019 at 9:00 A.M. 3. December 13, 2019 at 9:00 A.M. B. Budget Hearing Date 1. September 24, 2019 at 5:01 P.M. Mayor Morgan called attention to this date and noted the Time being 5:01 P.M. VII. Communication from the Public (3 min. maximum) There was none. VIII. Board of Adjustment Hearing This was postponed to the October meeting. IX. Reports A. Town Manager 1. Utility Undergrounding Town Manager Dunham stated that Comcast optimized, or turned on/activated, half of the equipment they had most recently installed and then got rained on, so the plan was to finish optimizing on September 16 or 17, 2019, per the weather. Once that is finished, Minutes of Town Commission Regular Meeting & Public Hearing Held September 13, 2019 @ 4:00 P.M. Comcast will then begin to do fiber drops to the 99 homes that are signed up to Comcast Cable. They will go street by street, at which point residents can begin to make appointments with Comcast to come into their homes, Mr. Dunham added. Mr. Dunham said that AT&T still had two to three bores still to do because the conduit is too deep, so they are replacing it at their own cost and is planned to start the week of September 16, 2019. Mayor Morgan asked if there were any questions to which Town resident, Mr. Bob Ganger, came to the podium. Mr. Ganger stated that the representative from Comcast had promised over and over again at past meetings to come and fix the pipe/cable issue on his property, but that it still had not been completed. Town Manager Dunham relayed to Mr. Ganger that he had been reminding Comcast as well and that they were aware of it. Mayor Morgan then asked Mr. Dunham if he would put something in writing to Comcast regarding this issue that has been ongoing since Phase One and Mr. Dunham agreed to do that. 2. Place Au Soleil Street Lighting Town Manager Dunham explained that Commissioner White, along with Chet Snavely, had gone to other neighborhoods to look at their lighting and had made the decision to choose the black pole and fixture because the greens didn't match and weren't attractive. Place Au Soleil is ready to order them if the Commission is ready. They want to start with one light and do a test on the voltage as they weren't sure between the 3,000 and 5,000. Commissioner White moved to approve the 10 -year lease with FP&L for 26 street lights (black Washington Concrete poles and black Granville fixtures) in Place Au Soleil. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. 3. Hurricane Report/Code Red Town Manager Dunham stated that during Hurricane Dorian they did not have to call the entire police force in at one time and all the towns and cities worked well together, even to the point of getting the EOC to lift the evacuation notice earlier than they had planned. Mr. Dunham added that Code Red worked great, as it was instantaneous information and he thanked CFO Tew for feeding the information to it. Mr. Dunham added that the Town was even able to use it regarding a missing person on Tuesday, September 10, 2019. Chief Allen added that the Police Department was called at 8:49 AM regarding a missing person in Place Au Soleil, Mr. Dittman, a long-time resident of Gulf Stream who suffers from Alzheimer's. They immediately issued a silver alert through Code Red as well as photos sent to other police departments and they also went door-to-door. Chief Allen stated it turned into a multi -force operation with Delray working on the south end and Boynton working on the North end, as well as Palm Beach Sheriff's Office coming with a bloodhound and drones. After six hours of searching, Boynton PD had found Mr. Dittman in good health sitting in a residential back yard in Boynton. Mayor Morgan gave Chief Allen appreciation for the concerted effort of the Gulf Stream PD and other agencies. Mayor Morgan also added his appreciation for all the monitoring and behind -the -scenes work 2 Minutes of Town Commission Regular Meeting & Public Hearing Held September 13, 2019 @ 4:00 P.M. of the PD and Town staff during Hurricane Dorian. Commissioner White also gave her appreciation from Place Au Soleil concerning Mr. Dittman. 4. Distinguished Budget Presentation Award Town Manager Dunham read a portion of a letter he received from the Government Finance Officers Association stating that Gulf Stream was receiving the Distinguished Budget Presentation Award for the current fiscal period with a certificate made out to CFO, Rebecca Tew. Congratulation and applause were given by the Mayor and Commissioners, with Mr. Dunham stating what a great job Mrs. Tew does. B. Architectural Review & Planning Board 1. Meeting Dates a. September 26, 2019 at 8:30 A.M. b. October 24,2019 at 8:30 A.M. c. November 21, 2019 at 8:30 A.M. d. December 18, 2019 at 8:30 A.M. Mayor Morgan called attention to these dates. C. Finance Director 1. Financial Report for August 2019 Town Manager Dunham asked CFO Tew to explain the notes at the beginning of the report regarding the revenues. Mrs. Tew explained that a lot of the items were from multiple tiered collection agencies and had to pass through several stages which caused a lag in disbursements. She added that the Town typically gets their last disbursement in November, which happens for everyone in the State and wanted to call attention to it because it looked questionable on paper. Commissioner White had a question regarding the water fund general and asset of which normally were the same figure but it was approximately $10,000 off. Mrs. Tew explained that there was money owed to the Penny Sales Tax Fund so that was why they weren't even and it would rectify itself on the next financial statement. She added that due to Hurricane Dorian and other duties she got distracted. D. Police Chief 1. Activity for August 2019 Chief Allen asked that his report be accepted as presented. The Mayor declared both reports accepted. X. Items for Commission Action. A. ORDINANCE NO. 19/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE DATE OF THE 2020 MUNICIPAL ELECTION FROM MARCH 10, 2020 TO MARCH 17, 2020 TO COINCIDE WITH THE 2020 PRESIDENTIAL PRIMARY ELECTION; PROVIDING A DATE FOR QUALIFYING FOR SUCH ELECTION, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING AN EFFFECTIVE DATE. It was passed on first reading August 8, 2019 and presented for second and final reading on September 13, 2019. Vice Mayor Stanley made a motion to approve Ordinance No. 19/3 as presented and the motion was seconded by Commissioner Orthwein with all voting AYE at roll call. B. Auditor Engagement Letters 3 Minutes of Town Commission Regular Meeting & Public Hearing Held September 13, 2019 @ 4:00 P.M. 1. Financial Audit & Governments Responsibilities Town Manager Dunham explained this is the last year the Town can continue the relationship through engagement letters with Nowlen, Holt and Miner without going out to bid. The letter sets forth the Town's responsibilities as to what is to be provided to the auditors. Vice Mayor Stanley made a motion to approve the Nowlen, Holt and Miner engagement letter and the motion was seconded by Commissioner Orthwein with all voting AYE at roll call. 2. Compliance Examination Town Manager Dunham explained this letter sets forth the fact that Nowlen, Holt and Miner will be auditing the Town's records and books to ensure they meet the Governmental Accounting Standards Board (GASB)approval rules. Vice Mayor Stanley made a motion to approve the Nowlen, Holt and Miner Compliance Examination letter and the motion was seconded by Commissioner Orthwein with all voting AYE at roll call. C. Items by Mayor & Commissioners Mayor Morgan recalled Representative Caruso bringing up the state mandate of septic to sewer transition at the last commission meeting and added that he had met with Rep. Caruso since then to discuss the subject further. Mayor Morgan also said that he had spoken with the Mayor and Commissioners of Ocean Ridge and they had determined that this is something that is going to happen and have already engaged an engineering firm to put together a scope of work and budgetary price, as well as a financial firm to give them advice on ways to finance whatever that number may be. Mayor Morgan believed that Gulf Stream should do the same and have Baxter & Woodman bring the report that the Town had done in the 1990's up to speed and what it would take to transition the entire town over to sewer. Mayor Morgan stated that Rep. Caruso is willing to help Gulf Stream and other towns in his district to approach the State for funding to assist that transition. Rep. Caruso stressed there was a push in Tallahassee to advance this issue faster than most thought. Commissioner Orthwein stated the cost was so astronomical she didn't see how the State could mandate this and agreed with Mayor Morgan that the Town should get a cost factor for exploring it and then see what Ocean Ridge is doing about this as well. Commissioner White added that the current Coastal Star had an interesting article on the sewer system cost in Ocean Ridge. Mayor Morgan agreed with Commissioner Orthwein that the Town should find out if they can be forced/mandated by the State to move forward and get some legal input as well. Mayor Morgan asked Kristine deHaseth, who was in attendance at the meeting, if she had any input. Ms. deHaseth stated she thought the Town was on the right track and agreed with Mayor Morgan that it would behoove everyone from the smaller towns and municipalities to get together and write a joint letter to the State to get this matter on the radar. She added that Ocean Ridge had put together a Citizen's Advisory Board of five to help the staff because they knew this was going to be such a large, long-term, very expensive project. Ms. deHaseth also said Ocean Ridge would probably do everything in phases beginning with the mult-family package plants that are failing at the present time. Town Manager Dunham stated that he had already spoken to Baxter & Woodman to give the Town a 4 Minutes of Town Commission Regular Meeting & Public Hearing Held September 13, 2019 @ 4:00 P.M. proposal on updating the initial report and he would have something for the Commission Board at the next meeting. X. Adjournment. Mayor Morgan adjourned the meeting at 4:54 P.M. Renee Basel Assistant Town Clerk W MINUTES OF THE PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 13, 2019 AT 5:01 P.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Morgan called the meeting to order at 5:01 P.M. II. Roll Call. Present and Scott W. Morgan Mayor Participating: Thomas W. Stanley Vice Mayor Joan K. Orthwein Commissioner Donna S. White Commissioner Also Present & Gregory Dunham Town Manager Participating: Edward Nazzaro Staff Attorney Edward Allen Police Chief Rita Taylor Town Clerk Absent W/Notice: Paul Lyons, Jr. Commissioner III. Presentation of the Proposed Budget and Proposed Millage Rate for Fiscal Year 2019-2020. A. Explanation and discussion of Proposed Millage Rate as compared to the rolled back rate. Town Manager Dunham began by pointing out the numbers that were given in July compared to the numbers given at this meeting had changed by $6,500 due to backflow preventers, but it was a wash. Mr. Dunham went on to say that this document is the proposed fiscal plan for the operation of the Town of Gulf Stream during the next fiscal period. The budget is presented to the Town Commission in a format that substantially conforms to the standards of public financial presentations known as Generally Accepted Accounting Principles (GAAP) promulgated by the National Council of Government Accounting. He said that it was the Town's basic fiscal document and once adopted, would become the fiscal work program for the community and provide the basis for carrying out the Town Commission's decisions on policies and programs for the improvement, growth and orderly maintenance of the Town of Gulf Stream. Mr. Dunham pointed out that, as in the past, he gave a history of the unrestricted fund balances which showed a balance of $1,432,019 in 2011 to $4,947,793 in 2018. The proposed millage rate is 3.8606, which is the 2020 rolled back rate and the prior year (2019) millage rate was 4.05. The prior year (2019) ad valorem proceeds for operations was $4,618,123 as compared to the ad valorem proceeds at the proposed millage rate for 2020 operations of $4,618,484. Mr. Dunham then pointed out that the final gross taxable value for Gulf Stream for calendar year 2018 was $1,134,609,911 as compared to the estimated gross taxable value for calendar year 2019 of $1,196,312,415, which is a 5.5% increase. He added that this year, in the General Fund, there will be a 5% Fire/Rescue increase as per the current contract with Delray Beach and that CIP related expenditures from the General Fund are budgeted at $578,750 and that CIP related expenditures from the Water Fund are budgeted at $2,516,943. Mr. Dunham stated that this year's budget will be highlighted by upgrades to the AlA water main from Golfview Drive to Sea Road, then the water main north on N. County Road to Little Club Town Commission Budget Public Hearing Held On 9-13-19 @ 5:01 P.M. Road, and finally the water main on Little Club Road to the Intracoastal. The upgrades include road restoration and road construction related to any of the water main construction, he added. Mr. Dunham said the Town revised the plan to address the AlA water main sooner rather than later in the plan. Mr. Dunham stated that the Total Budget for 2020 was $9,874,290, which included $3.1 million in CIP projects, so the budget without those was actually lower than it was in 2019. CFO Tew then explained the transfer of funds from the Reserves, Water Funds, General Funds, etc. all regarding CIP. Mrs. Tew went on to explain the Penny Sales Tax Fund and how there are very strict regulations on how these monies are used and how they have to be tracked specifically. B. Comment from the Commission and the public. There was none. IV. Adoption of the General Fund Tentative Millage Rate for Fiscal Year 2019-2020. Vice Mayor Stanley moved to approve the adoption of the General Fund Tentative Millage Rate of 3.8606 mills for fiscal year 2019/2020 and Commissioner White seconded the motion with all voting AYE. V. Adoption of the Tentative Budget for Fiscal Year 2019-2020. A. General Fund Vice Mayor Stanley moved to approve the adoption of the General Fund Tentative Budget in the amount of $6,393,684 for Fiscal Year 2019/2020 and Commissioner Orthwein seconded the motion with all voting AYE. B. Enterprise Fund (Water) Vice Mayor Stanley made a motion to adopt the Enterprise Fund (water fund) Tentative Budget in the amount of $3,320,206 for Fiscal Year 2019/2020 and the motion was seconded by Commissioner White with all voting AYE. C. Penny Sales Tax Fund Vice Mayor Stanley then moved to adopt the Penny Sales Tax Fund Tentative Budget for Fiscal Year 2019/2020 in the amount of $160,400 which was seconded by Commissioner White with all voting AYE. VI. Public Hearing Date for Final Adoption of Millage Rate & Budget. Vice Mayor Stanley moved that the Public Hearing for Final Adoption of Millage Rate and Budgets for Fiscal Year 2019/2020 be held on September 24, 2019 at 5:01 P.M. The motion was seconded by Commissioner Orthwein with all voting AYE. VII. Resolutions. A. No. 19-04; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE TENTATIVE LEVYING OF AD VALOREM TAXES FOR THE TOWN OF GULF STREAM GENERAL FUND FOR FISCAL YEAR COMMENCING ON OCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE Town Clerk Taylor read Resolution No. 19-04 in its entirety 2 Town Commission Budget Public Hearing Held On 9-13-19 @ 5:01 P.M. after which Vice Mayor Stanley moved for its adoption. Commissioner Orthwein seconded the motion and all voted AYE at roll call. B. No. 19-05; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE GENERAL FUND TENTATIVE BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Taylor read Resolution No. 19-05 in its entirety after which Vice Mayor Stanley moved for its adoption. Commissioner Orthwein seconded the motion and all voted AYE at roll call. C. No. 19-06; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE WATER FUND TENTATIVE BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 19-06 was read by Town Clerk Taylor in its entirety after which Vice Mayor Stanley moved for the adoption of Resolution No. 19-06 and Commissioner Orthwein seconded the motion with all voting AYE. D. No. 19-07; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY FLORIDA, ADOPTING THE PENNY SALES TAX FUND TENTATIVE BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Taylor then read Resolution No. 19-07 in its entirety after which Vice Mayor Stanley moved and Commissioner Orthwein seconded for the adoption of Resolution No. 19-07 with all voting AYE at roll call. VIII. Adjournment. Mayor Morgan adjourned the meeting at 5:23 P.M. Renee Basel Assistant Town Clerk 3 MINUTES OF THE PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, SEPTEMBER 24, 2019 AT 5:01 P.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Mayor Morgan called the meeting to order at 5:01 P.M. II. Roll Call Present and Participating: Scott W. Morgan Mayor Thomas W. Stanley Vice Mayor Joan K. Orthwein Commissioner Donna White Commissioner Also Present & Participating: Gregory Dunham Town Manager Edward Allen Police Chief Rita Taylor Town Clerk Absent w/notice: Paul Lyons Commissioner III. Consideration of Adopted Tentative Millage Rate and Adopted Tentative Budget for Fiscal Year 2019-2020. A. Explanation and discussion of Tentative Millage Rate as compared to the rolled back rate. Town Manager Dunham stated that he was required to read what was on the first page of the Manager's message, so he read the following bullet points: • The proposed 2020 millage rate is 3.8606 which is the 2020 rolled back rate • Prior year (2019) millage rate was 4.05 • Prior year (2019) ad valorem proceeds for operations - $4,618,123 • Ad valorem proceeds at proposed millage rate for 2020 operations - $4,618,484 • Prior year final gross taxable value for Gulf Stream - $1,134,609,911 • 2018 (calendar year) estimated gross taxable value for Gulf Stream - $1,196,312,415 • 5% Fire/Rescue increase as per current contract with Delray Beach • CIP - Roadway construction/restoration on AlA, N. County Rd., Little Club Rd. - General Fund - $578,750 Mr. Dunham added there were no changes from the Public Hearing that was held on September 13, 2019. He stated that the Total Budget for Gulf Stream this year is $9,874,290, which includes $3.1 million dollars in CIP budget so it makes it look like the expenses went up a great deal from the past year. B. Comment from the Commission and the public. There was none. IV. Adoption of the General Fund FINAL MILLAGE RATE for Fiscal Year 2019-2020. Minutes of Town Commission Public Hearing Held September 24, 2019 @ 5:01 P.M. Vice Mayor Stanley made a motion to adopt the General Fund FINAL MILLAGE RATE for Fiscal Year 2019-2020 at 3.8606. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. V. Adoption of the FINAL BUDGETS for Fiscal Year 2019-2020. A. General Fund Vice Mayor Stanley made a motion to adopt the General Fund Budget with a total budget of $6,393,684. The motion was seconded by Commissioner White with all voting AYE at roll call. B. Enterprise Fund (Water) Vice Mayor Stanley made a motion to adopt the Enterprise Fund (Water) Budget in the amount of $3,320,206. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. C. Penny Sales Tax Fund Vice Mayor Stanley made a motion to adopt the Penny Sales Tax Fund Budget in the amount of $160,400. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. VI. Resolutions. A. No. 019-08; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR THE TOWN OF GULF STREAM GENERAL FUND FOR FISCAL YEAR COMMENCING ON OCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. CFO Tew read Resolution 019-08 in its entirety after which Commissioner Orthwein moved for its adoption. The motion was seconded by Commissioner White and all voted AYE at roll call. B. No. 019-09; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE GENERAL FUND FINAL BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. CFO Tew read Resolution 019-09 in its entirety after which Commissioner Orthwein moved for its adoption. The motion was seconded by Commissioner White and all voted AYE at roll call. C. No. 019-10; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE WATER FUND FINAL BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. CFO Tew read Resolution 019-10 in its entirety after which Commissioner Orthwein moved for its adoption. The motion was seconded by Commissioner White and all voted AYE at roll call. D. No. 019-011; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE PENNY SALES TAX FUND FINAL BUDGET FOR THE FISCAL YEAR COMMENCING ON E Minutes of Town Commission Public Hearing Held September 24, 2019 @ 5:01 P.M. OCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. CFO Tew read Resolution 019-11 in its entirety after which Commissioner Orthwein moved for its adoption. The motion was seconded by Commissioner white and all voted AYE at roll call. VII. Adjournment. Mayor Morgan adjourned the meeting at 5:10 P.M. Renee Basel Assistant Town Clerk 3 MINUTES OF THE PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, SEPTEMBER 24, 2019 AT 5:01 P.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Mayor Morgan called the meeting to order at 5:01 P.M. II. Roll Call Present and Participating: Scott W. Morgan Mayor Thomas W. Stanley or �,Vice Mayor Joan K. Orthwein L„ ` Cmmissioner Donna White"° Commissioner Also Present & Participating: Gregory Dunham 'down Manager Edward Allen Po.ice Chief Rita Taylor Tow '..,Clerk Absent w/notice: Paul Lyons Commies III. Consideration of Adopted Tentative Millage Rate and=Adopted Tentative Budget for Fiscal Year 2019-2020. A. Explanation and`,'d scussion of Tentative Millage Rate as compared to tieM ell back rate. Town Manager Dunham stated that he was required to read what was on the first page of the Manager's message, so he read the following bullet points: • The proposed 2020 millage rate,•'is 3A'60,6' -which is the 2020 rolled back rate • Prior year (2,019) millage ratez",°was 4.05 • Prior lear (2019) ad valorem proceeds for operations - $4,618,123 • Ad' valorem -proceeds at propo_sedimillage rate for 2020 operations - +,q;, 618,484 • Prio;year final;..,,,gross taxable value for Gulf Stream - $1,134°t-609,911 • 2018 ( alendar year) estimated gross taxable value for Gulf Stream - $1,196,312,415 • 5% Fire/Resc*u;e increase as per current contract with Delray Beach • CIP - Roadway `gQxis,tIruction/restoration on AlA, N. County Rd., Little Club Rd:",�? General Fund - $578,750 Mr. Dunham added there were no changes from the Public Hearing that was held on September 13, 2019. He stated that the Total Budget for Gulf Stream this year is $9,874,290, which includes $3.1 million dollars in CIP budget so it makes it look like the expenses went up a great deal from the past year. B. Comment from the Commission and the public. There was none. IV. Adoption of the General Fund FINAL MILLAGE RATE for Fiscal Year 2019-2020. ,T97.6. ).. Minutes of Town Commission Public Hearing Held September 24, 2019 @ 5:01 P.M. Vice Mayor Stanley made a motion to adopt the General Fund FINAL MILLAGE RATE for Fiscal Year 2019-2020 at 3.8606. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. V. Adoption of the FINAL BUDGETS for Fiscal Year 2019-2020. A. General Fund Vice Mayor Stanley made a motion to adopt the General Fund Budget with a total budget of $6,393,684. The motion was seconded by Commissioner White with all voting AYE at roll call. B. Enterprise Fund (Water) Vice Mayor Stanley made a motioh.to-4dopt`the Enterprise Fund (Water) Budget in the amount of $3,320,20t-. Thermotion was seconded by Commissioner Orthwein with all voting 1 at�roll'call. C. Penny Sales Tax Fund ' Vice Mayor Stanley made/'motion' to adopt t1.e Penny Sales Tax Fund Budget in the amount of $161. 00. The motion was seconded by Commissioner Orthwein with all votin��6>AYE�St roll call. VI. Resolutions. m d A. No. 019-08; A,'FS OLLJTION OF THS -OWN COMMISSION OF THE TOWN OF GULF STREAM] PALM'BEACH COUNTY,,,I IDA, ADOPTING THE FINAL LEVYING OF AD VALORgM TABES FOR THE ,,OWLS„,,�>OF GULF STREAM GENERAL FUND FOR FISCAL YEA�Z COMMENCI ON OCTOBER 1, 2019 AND .w , ENDING (7 �kPgTEMBER 3 0 , 2 0'2 0 ; `Rk20VID FOR AN EFFECTIVE DATE. CFO T4Vra” read Resolution '0;19-08 in %J: Minutes of Town Commission Public Hearing Held September 24, 2019 @ 5:01 P.M. OCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. CFO Tew read Resolution 019-11 in its entirety after which Commissioner Orthwein moved for its adoption. The motion was seconded by Commissioner White and all voted AYE at roll call. VII. Adjournment. Mayor Morgan adjourned the meeting at 5:10 P.M. Renee Basel Assistant Town Clerk 3 w. 3 Trey Nazzaro From: Ele Zachariades <ele@dmbblaw.com> Sent: Tuesday, September 10, 2019 12:50 PM To: Trey Nazzaro Cc: William Ring; Marty O'Boyle Subject: Request for Postponement Good afternoon, Trey. Hope all is well. Please accept this email as our formal request to postpone items VIII, A, 1 and 2 from the Town of Gulfstream Commission September 13, 2019 agenda. We respectfully request that we be heard at the regularly scheduled October Commission hearing. Please confirm receipt and acceptance of our request for postponement. If you need any further information, please do not hesitate to contact me. Sincerely, Ele Zachariades Partner Dunay, Miskel & Backman, LLP 14 S.E. 4th Street, Suite 36 Boca Raton, FL 33432 Tel (direct): 561-405-3349 Tel (main): 561-405-3300 Fax: 561-409-2341 Email: ele@dmbblaw.com V N rAv .•--�' hal I S K E L r N 1 postal Service,. ,TIFIFD Mnn _.. iQ1=rr1=lC { (Domestic Mail Only, No Insurance Coverage Provided) For delivery information visit our website at www.usas.com. �l DELRAY BEACH= FL - 3348 3 `01 RJ Certified Fee $I , ! II4 ® ® ® Return Receipt Fee (Endorsement Required) li " PostrYf�Tk., �1 r ;O Her Restricted Delivery Fee ❑ Adult Signature .' ice} oE (Endorsement Required) e7`x ul Total Postage &Fees y y }a( t{ h i j.l ct r M i j® ru a Sent To Martin E. 0 '_Boy C3 Street, Apt. No.; -le -----------------, or PO Box No. ----- -" -?3- Hl(�C12T1- HaTb City, State, Z1P+4 Gulf Stream, _llr-. FLS 33483 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, or on the front if space permits, 1. Article Addressed to: Martin E. O'Boyle 23 Hidden Harbour Dr. Gulf Stream, EL 33483 A gn tur X i 13 Agent ® Addressee B. Received by (Printed Name) JZ76ate of Delivery D. Is delivery address different from item 1? 0 Yes If YRS, enter delivery address below; 0 No 3. Service Type O Priority Mail Express® ❑ Adult Signature 0 Registered Mai ki Adult Signature Restricted Delivery p Registered Maill Restricted Certified Mail® Delivery 9590 9402 4248 8121 5947 47 0 Certified Mail Restricted Delivery 13 Return Receipt for ❑ Collect on Delivery Merchandise CI Coll—t on Delivery Restricted Delivery 0 Signature Confirmation- onfirmation- 7012 -'r 01a 2 3050 0000 2096 441,2 Mail Mail Restricted Delivery 0 Signature Confirmation Restricted Delivery -00) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN DONNA S. WHITE August 19, 2019 Martin E. O'Boyle 23 Hidden Harbour Drive Gulf Stream, Florida 33483 Dear Mr. O'Boyle: Telephone (561)276-5116 Fax (561)737-0188 Town Manager GREGORY L.DUNHAM Town Clerk RITA L. TAYLOR CERTIFIED MAIL 7012 3050 0000 2096 4412 This is to advise that your Application for Appeal of Final Action of The Planning & Building Administrator will be heard by the Board of Adjustment during the Regular Meeting of the Town Commission that will be held on September 13, 2019 at 4:00 P.M. in the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. This is also to confirm that the required fee of $400.00 was received via Check #50166 signed by Denise D. Martini which was enclosed with the Application. Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 APPLICATION FOR APPEAL OF FINAL ACTION OF PLANNING & BUILDING ADMINISTRATOR Date of Application July 29, 2019 Fee: $400.00 I. Project Information Owner Name: Ma tin E. O'Boyle Owner Signature: Hidden arbour Dr. Project Address: Gulf Stream, FL 33483 Project Property Legal Description: Lot 5, Hidden Harbour Estates Project Description as Requested (describe in detail) On 6/14/19 Owner submitted required fee, Building Permit Application and our copies of a sinedarid sealed - - —a t -Revised 6/14/19 Deck Plan) (collectively the "Site Application") requesting approval to -eenstruet--a 2-0' wide -Beek -along -with dec-k-railing-as-shew-en-the-P4an.-- The Site Application is attached. I1. Final Action of Planning & Building Administrator The Town denied the Site Application by letter dated July 9, 2019 was based on its incorrect interpretation that the deck being proposed is therefore the application was rejected. The Denial letter also returned Site Application. iii. Reason for Appeal The Site Application satisfies all Code Requirements (both Current and 1981 Codes). e 20-13 Settlement Agreementtwse so require that the Site Application be approved. The proposed Deck is not a "dock". IV. Standards to be Addressed by Applicant: (1) Acted in a manner inconsistent with the provisions of this Code or other applicable local, state or federal law; The Town's denial is inconsistent with, inter alia, the terms of its Code (both current ani theTWI-6-od ey and inconsistent with the 2013 Settlement Agreement for the reasons stated above and for reasons to be stated on the . ---reco 1ustme - - _ --- (2) Made erroneous findings of fact based on the evidence and testimony placed before the final review authority at a public hearing; The Town made an erroneous finding as stated above and for reason o besae n e J (3) Failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance with the applicable regulations. V. Please attach color swatch, pictures or plans showing the proposed improvement. Official Use Only Public Hearing Date: .Action: 12/18/02 Exp-CoSh4kp-Forins f _ 100 NW I" Avenue - Delray Beach, FL 33444 1,; L �C (561) 243-7200 �_ •Fax (561) 243-7221 (:DECK www.mydelraybeach.com BUILDING PERMIT APPLICATION APPL DATE F.B.C. VERSION ACCEPTED BY PERMIT NO. :. OWNER INFORMATION fY1aZ71W 0' \1L, CONTRACTOR 8&'DES.IGNER;INFOBMLCTION ,: Name -r El Check if Owner/Builder (See Page 3) C -Sc D 17 17-4 Address Z3 N�rctQ+u {-R�t�Outt City Irv1f CL�-ffAM State FL Zip 33LI3 Contractor License Workers' Comp No. U kif7(p8$ Home Phone (J5k) 5-20 351 Company 1>U D i0' -1l.[, Cell Phone ( ) Address 17ViV L-V5T M-eL4 LT Cps'(P2 Fax No. (9 r;,11 "(co 0�-di City DKA-V1e�A "dot. State��- Zip!2Yo47 Email Address Phone CSL/ 2G0 7 7 Fax gS�13(96405 Cell 561 70 PROPERTY INFORMATION = Email Property Control Number. -ZU - Lf 3 - Lf� - �� _u� _ Q00 _ {J� 0 ' Architect/Engineer's Name �a2.T (,-a iL te. _ Address of Proposed Work Address i�5 Ivy 1SuiGP !U i 4 Pltay 77 N- 60 UA�1 A1,30^ 11),.»..» ..... ................................................................. ..•. Legal Description Lo{ S r 0,6&1, &1, �boQ 6SF o M� FOR PERMIT EXPEDITERS ONLY [for permit pick-up): Contact Name Ste or Apt # / Floor Phone Ext. Cell Project Name (if applicable) Fee Simple Title Holder (if other than owner) Address Mortgage Lender Address �AT10N City Bonding Company Address State Zip City State Zip City State Zip DESCRIPTION OFPROPOSED IMPROVEMENTS': •. Description of the proposed work (New Construction, Addition, Interior/Exterior Alteration, Windows/Doors, etc.) I�rsTQt,L New DECK Aw"JI) IZAILlrJcj pet Is this a City or Re-hab project? ❑ Yes�WNo Is the building served with an automatic fire sprinkler system? ❑ Yes (Y No Current Use or Occupancy ff Q I vDS1f p-Ae Is this a change in the Use or Occupancy? ❑ Yes No ^PERMIT VALUATION For Impact Fee Credit Existing or Previous Structure Demolished? ❑ Yes ❑ No Type of Structure Demolished: ❑ SFR ❑ Commercial ❑ Commercial Accessory Building PLEASE CHOOSE ONE OF THE FOLLOWING: NEW CONSTRUCTION & ADDITIONS - FEE SCHEDULE I" MISCELLANEOUS PERMITS -FEE SCHEDULE II" ALTERATIONS & GENERAL CONSTRUCTION-SCHED. III" TOTAL COST OF CONSTRUCTION TO INCLUDE: TOTAL COST OF CONSTRUCTION: STRUCTURAL, ROOFING, ELEC, MECH, PLBG $ COST OF CONSTRUCTION WITHOUT TRADES: $ `15 100 `i NOTE: NOTE: $ OTHER ASSOCIATED TRADES TO BE FEE'D SEPARATELY ALL SUB -TRADES TO BE FEED SEPARATELY. THESE UNDER FEE SCHEDULE It OR III. INCLUDE ELEC, MECH, PLBG, ROOFING, LOW VOLTAGE, THESE INCLUDE: LOW VOLTAGE, HOOD/SUPPRESSION HOOD/SUPP SYSTEM, FIRE SPRINKLERS, IRRIGATION, SYSTEM, FIRE SPRINKLERS, IRRIGATION, LANDSCAPING, LANDSCAPING, PAVING, ETC. PAVING, ETC. Z_ "SEE BUILDING PERMIT FEE SCHEDULE FOR nFTan c APPLICATION CERTIFICATION AND ACKNOWLEDGEMENT Application is hereby made to obtain a permit to do the work and installation as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. A City Building Permit does not assure compliance with Homeowners Association's rules, regulations and/or deed restrictions. Applicant is advised to obtain approval from the Homeowners Association before improving any property. Applicant further acknowledges the following: • Separate permits must be secured for ELECTRICAL, PLUMBING, MECHANICAL, WELLS, POOLS, FIRE SPRINKLER, SIGNS, LANDSCAPE, IRRIGATION, ROOFING, SHUTTERS, ETC. • This permit becomes null and void if work or construction authorized is not commenced within six (6) months or if construction or work is suspended or abandoned for a period of six (6) months at any time after work is commenced. Permit will be considered suspended or abandoned if it does not pass an inspection within 180 days and will be subject to a reactivation fee in the amount in force at the time of reactivation. • Failure to comply with all applicable construction regulations may result in the withholding of future permits. • Submission of any false information or misrepresentation is a violation of law and shall result in revocation of your permit. • NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. OWNER'S AFFIDAVIT: I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. RTY OWNER ATE OF FLORIDA, COUNTY OF PALM BEACH Printed Name of Owncr STATE OF FLORIDA, COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me �� This — day _ IAt� �, 2{) -- __ Personally Known OR Produced Identification Typ/e� dof Identification: TAJ�_ �t SigMthlre orNotary -2- ,QAYPOd MICHELLEMELICIA MY COMMISSION 9 GG 053805 Oi F .OQ' Bonded Thru Budget N -y Ser*" ERAL CONTRACTOR ATE OF FLORIDA, COUNTY OF PALM BEACH Of Qualifier Printed Name of Qualifier STATE OF FLORIDA, COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me This _Lt— day... ,14 -e , 20 j Al,_, By---_ MG,(tin (Je-iv ,.i o _Personally Known OR ___Produced Identification Type of Identification: C1% d�I-)JUto"i"_Signature ofNotary pu�po MICHELLEMELICIA (SEAL) oT EXPIRES: December 8, 2020 F`OQ,� Bonded Tlvu Budge: Notary S&-hM a-THIS PAGE FOR BUILDING DEPARTMENT USE ONLY• PERMIT NO: APPLICATION DATE: PCN: Zoning District Historic: o Yes n No Development/Condominium/Apartment Name Set Backs: Front Side Street Side Interior Rear Type of Foundation: Monolithic Stem Wail Pile Square Footage of Commercial Demolition: Type/Size of Accessory Building; Type of Structure Demolished: ❑ SFR ❑ Commercial ❑ Commercial Accessory Building STRUCTURE SET UP Occupancy Const. Type Roof Type Flood Zone Plan Sq. Ft. (A/C) Plan Sq. Ft. (Under Roof) Finish Floor Elev. DEPARTMENT APPROVALS I Env. Services I Planning & Zoning Engineering SPRAB/COA Landscaping/ Irrigation Public Utilities Fire Department Plan Review Occ. Load COUNTY IMPACT FEES f Source (Credit) Parks $ Public Bldgs. $ Schools $ Road $ -4- Rvsd 5/10 Impact Fee Amount Due PERMIT CALCULATION Adjusted Value $ Permit Fee $ Electrical $ Plumbing $ Mechanical $ Roofing $ Paving $ Irrigation $ Landscaping $ Shutter $ Misc Permit $ Other $ Plan Check Fee $ MCR # Total Permit Fee $ ADDITIONAL FEES Fire $ Radon $ DPR $ Water / Sewer $ Parks / Rec $ Master Plan $ Total Additional Fees $ TOTAL FEES DUE $ 2 COMMERCE REALTY GROUP, INC. 24688 DATE INVOICE NO. DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 6-14-19 BuildPermApp 0002 6880.0000 335.00 335.00OTALS 6-14-19 24688 335.00 335.00 CHECK CHECK » DATE NUMBER Group, T 4 24688 COMMERCE REALTY GROUP, INC. BB&T 1280 WEST NEWPORT CENTER DRIVE 69-3391515 DEERFIELD BEACH, FL 33442 954-360-7713 275 6-14-19 24688 335.00 DATE CHECK NO. AMOUNT Pay: **************************Three hundred thirty -f' e o lars and no cents TO THE Town of Gulf Stream ORDER 100 Sea Road OF Gulf Stream, FL 33483 & St:CI1RITY FFATURES INCLUDED. DETAILS ON GACY. 61 11'021,68811' i:05L5033941:0005L777043L,411I 6-14-19 BuildPermApp 6-14-19 275 TOWN1101 0002 6880.0000 335.00 335.00 24688 335.00 335.00 Town of Gulf St Commerce Realty Group, Inc BB&T*4344 SITE PLAN S.MlOT2TE. POOL PLATFORM STEP DOWN TO DECK o. 0811E.. SlITE1 & OBR SEll �1, IECOIDS 01 PIL. BE— 10-1. —11DA. ICI 20-13- Z Ar CURRIE SOWARDS AGUILA architects '8EIDYLE RESIDENCE RENOVATION 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA �r —=lAllU7rlEl T, =1 —1 1�1 11- A CIO C) SITE PLAN LA 8 F - Lu U) Cr LOCATION MAP(D au, A1.01 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS SCOTT W. MORGAN, 181ayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN DONNA S. WHITE July 9, 2019 Martin O'Boyle 23 Hidden Harbour Drive Gulf Stream, Florida 33483 Dear Mr. O'Boyle: Telephone (i61)276-5116 Fax (561)737-0188 rown Manager GREGORY L. DUNHAM 'town Clerk RITA L. TAYLOR We are returning herewith Check #24688 in the amount of $335.00 from Commerce Realty Group, Inc., a Building Permit Application and four copies of a Site Plan dated 10-5-18. The wooden structure being requested is considered a dock in the Gulf Stream Code of Ordinances and as such may only be 5 feet wide with a minimum side set back of 15 feet on each side. Therefore, this application is rejected. Very truly yours, sin Rita L. Taylor Town Clerk 100 SEA ROAD, GuLE STREAM, FLORIDA 33483 SOLAR P/ FLOOR LR S.88107'20"E. AP PI ICARIF B 1 DIN• OD c 0.90 AC. FLORIDA BUILDING CODE – RESIDENTIAL –___-- 2017 FLORIDA BUILDING CODE – ELECTRICAL __–___ 2017 FLORIDA BUILDING CODE – EXISTING ,----___ 2017 LOCAL AMENDMENTS ---__ ---_____– (YES) CODE DATA FLORIDA BUILDING CODE NEW HARDSCAPE 11,606 S.F. OCCUPANCY TYPE R-3 SINGLE FAMILY RESIDENCE TYPE OF CONSTRUCTION TYPE VB–UNSPRINKLERED NEW LANDSCAPE MAX. HEIGHT 40' 28.5% BUILDING AR A MAX. AREA PER FLOOR UL EXIST. GROUND FLOOR AREA EXIST 2ND FLOOR ARFA 1ST LEVEL EXIST 5,048 S.F. EXIST. TOTAL BUILDING AREA 2ND LEVEL 2,716 S.F. SITE DATA SITE AREA 39,243 S.F. 0.90 AC. EXIST. WATER AREA 11,394 S.c. 29.0% EXIST. BUILDING FOOTPRINT 5,048 S.F. 12.9% NEW EXTERIOR LOGGIA 517 S.F. EXIST. HARDSCAPE 9,539 S.F. 24.3% NEW HARDSCAPE 11,606 S.F. 29.6% EXIST. LANDSCAPE 13,262 S.F. 33.8% NEW LANDSCAPE 11,195 S.F. 28.5% BUILDING AR A EXIST. GROUND FLOOR AREA EXIST 2ND FLOOR ARFA 5,048 S.F. EXIST. TOTAL BUILDING AREA 2.716 F 7,764 S.F. POOL PLATFORM 14. 7.0 H - TOP OF DECK POOL PLATFORM STEP DOWN TO DECK SITEBOUNDARY AND INFORMATION BASED ON A SURVEY PROVIDED BY: O'BRIEN, SUITER & O'BRIEN, INC. ORDER N 12-100dh DATE NOV 4, 2013 REVISED SEPT 23, 2014 PROI -T D e rRIPTION RENOVATION OF THEEXTERIOR, ADDITION OF LOGGIA TO WEST END OF HOUSE. NEW POOL AND EXPANDED POOL PLATFORM. LEGAL DESCRIPTION LOT 5,= , HIDDEN HARBOUR ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 36, PAGE 110, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN 20-43-46-09-46-000-0050 23 MIDDENIU RBOR DR fir 2.? LOCATION MAP 1 CURRIE SOWARDS AGUILA architects Architecture, Planning, Interiors, & Sustainable Design AA26001584 185 NE 4TH AVENUE SUITE 101 DELRAY BEACH, FL 33483 T:(561) 276-4951 1:(561) 243-8184 E-MAIL: oKc.0--hR4ctF.com �SSI:ED FOR BIDS PERMIT Io/05/20.a CONSTRUCTION SEAL It ytP� FOG f440 FO�� OL4 a� P 7 m• m'. AR r •- _ q O ARCN�� 4 PROJECT TITLE OBOYLE RESIDENCE RENOVATION 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA REVISIONS NUM. DESCRIPTION DATE 13 .—tl 1Plan 6n411 THESE DRAWINGS ARE PREPARED PER ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE ARCHITECT AND ENGINEERS DESIG CONCEPT, THEY ARE NOT INTENDE TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE BUILDING. THE V EFFORTS IS FULLY FOR PROVIDING A M DRAWING TITLE 0 SITE PLAN Lr) O L� r DATE PRAWN BY rW/� 10-5-2018 I JC V) A JOB NUMBER 120902 fy 4 I MB Lu A1BOl a SOLAR FLOOR S.88107'20"E. APPLICARI F BUILDING. CODES FLORIDA BUILDING CODE _ RESIDENTIAL ---__— 2017 FLORIDA BUILDING CODE — ELECTRICAL ___---- 2017 FLORIDA BUILDING CODE — EXISTING -------- 2017 LOCAL AMENDMENTS _------______------- (YES) CODE DATA FLORIDA BUILDING CODE OCCUPANCY TYPE R-3 SINGLE FAMILY RESIDENCE TYPE OF CONSTRUCTION TYPE VB—UNSPRINKLERED MAX. HEIGHT 40' MAX. AREA PER FLOOR UL 1ST LEVEL EXIST, 5,048 S.F. 2ND LEVEL 2,716 S.F. SITE DATA SITE AREA 39,243 S.F. 0.90 AC. EXIST. WATER AREA 11,394 S.F. 29.0% EXIST. BUILDING FOOTPRINT 5,048 S.F. 12.9% NEW EXTERIOR LOGGIA 517 S.F. EXIST. HARDSCAPE 9,539 S.F. 24.3% NEW HARDSCAPE 11,606 S.F. 29.6% EXIST. LANDSCAPE 13,262 S.F. 33.8% NEW LANDSCAPE 11,195 S.F. 28.5% BUILDING AREA EXIST. GROUND FLOOR AREA 5,048 S. I. EXIST_ 2ND FLOOR AREA 2.716 S.F. EXIST. TOTAL BUILDING AREA 7,764 S.F. POOL PLATFORM 1" 7.0 I_ TOP OF DECK POOL PLATFORM STEP DOWN TO DECK SITEBOUNDARY AND INFORMATION BASED ON A SURVEY PROVIDED BY: O'BRIEN, SUITER a O'BRIEN, INC. ORDER N 12_100db DATE NOV 4, 2013 REVISED SEPT 23. 2014 PROD FCT DESCRIPTION RENOVATION OF THE EXTERIOR, ADDITION OF LOGGIA TO WEST END OF HOUSE. NEW POOL AND EXPANDED POOL PLATFORM. LEGAL DESCRIPTION LOT 5, HIDDEN HARBOUR ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 36, PAGE 110, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN 20-43-46-09-46-000-0050 23 HIDDEN HARBOR DR. LOCATION MAP CURRIE SOWARDS AGUILA architects Architecture, Planning, Interiors, & Sustainable Design AA26001584 185 NE 4TH AVENUE SUITE 101 DELRAY BEACH, FL 33483 7;(561) 276-4951 F:(561) 243-11184 E-MAIL: oRceo alchltemco, SSl:EO FOP. BIDS PERMIT 10/05/2016 CONSTRUCTION SEAL E OF SSPj RT G F�oq �0e� - OGN i0 P 7 m• 701.AR O ARCH I1N�11 4 PROJECT TITLE OBOYLE RESIDENCE RENOVATION 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA REV;SIONS NUM. DESCRIPTION DATE 13 Oeck Plan 6114119 THESE DRAWINGS ARE PREPARED PER ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE ARCHITECT AND ENGINEERS DESIGN CONCEPT. THEY ARE NOT INTENDED TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE BUILDING. THE CONTRACTOR THROUGH SUBMITTALS AND OTHER COORDINATION EFFORTS IS FULLY RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL UILDING\TWHETHER INDICATED ON w:.� 00 nl.-\oe. .,N oe..\+zmox-oeor.z-v T,,,( DRAWING TITLE ON SITE PLAN 1-10 fDATE DRAWN BY rLU 10-5-2078 I JC v , JOB NUMBER 120902 SSI 4611 NBE Lu i A1.01 ZONING ing the use of buildings and premises, density of development, yard requirements, and height limitations (see also Zone). Dock shall mean an accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use. Docking zone shall mean the area a dock/boat may occupy, established by designated water frontage, setbacks and 25 -foot dolphin control line. Dolphin shall mean a freestanding post, pillar, piling, stake or groups thereof banded together used for the purpose of berthing boats or water vessels. Dolphin control line shall mean a continuous line extending a maximum 25 feet off of the seawall in which dolphin pilings may be installed. Drainage shall mean the removal of surface water or groundwater from land by drains, grad- ing or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water -supply preservation or prevention or alleviation of flooding. Driveway shall mean that space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street. Dual front shall mean a building designed or constructed so as to present the appearance of having two fronts. Duplex shall mean a building designed to accommodate two families living independently of each other. The building will have two addresses, kitchens, electric and water meters. Dwelling shall mean any building or structure designed exclusively for residential occupancy. It shall be deemed and construed to include both the main portion of such structure and all projec- tions therefrom, such as windows, bays, exterior chimneys, covered porches or porticoes, includ- ing any garages incorporated within or forming a part thereof, but shall not include the eaves of § 66-1 such structures, nor any open patio, nor any uncovered porch, stoop or steps. A dwelling may be designed and built for the use of one family, or multiple- family occupancy, but it does not include a hotel, club, motel, boarding or lodging house, automobile, mobile home or any recreational vehicle whether such trailer or vehicle is mobile or located in a stationary fashion on blocks or other foundation. Dwelling, attached, shall mean one which is joined to another dwelling at one or more sides by a party wall or walls. Dwelling, detached, shall mean one which is entirely surrounded by open space on the same lot. Dwelling, multiple -family, shall mean a build- ing or portion thereof used for occupancy by three or more families living independently of each other, and doing their own cooking in the building. Dwelling, single-family, shall mean a building designed for or occupied exclusively by one family. A single-family dwelling is limited to one kitchen unit. Dwelling, two-family. See Duplex. Dwelling unit shall mean one or more rooms in a residential building or residential portion of a building, which are arranged, designed, used or intended for family purposes and which include lawful cooking space and lawful sanitary facili- ties reserved for the use of the single-family occupants thereof. Easement shall mean authorization by a property owner of the use by another and for a specified purpose of any designated part of his property. Elevated building shall mean a nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls. Entablature shall mean, in the classical orders, the horizontal elements supported by columns. Supp. No. 1 CD66:11 ZONING (b) Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect away from adjoining premises. (c) A pool may be located within an enclosed courtyard, patio, etc., provided it is to the rear of the required front yard setback line. (d) All enclosed swimming pools shall be in conformity with the setbacks required by the zoning district in which it is located. (e) Unless otherwise specified elsewhere in this Code, unenclosed or open swimming pools in the "RS" single-family residential district shall be located a minimum of 25 feet from front property lines; provided, however, that any swimming pool located on property fronting on SR AIA shall be subject to the established 78 -foot centerline set- back. (f) Swimming pools shall be located on the same lot or parcel of land as that of the main building. In the event of contiguous lots or par- cels, a unity of title shall be recorded prior to issuance of a building permit for either a main building or an accessory structure which would cross lot lines. (g) All pools shall be enclosed by a self-locking, child resistant fence, wall or equivalent barrier at least four feet high, except as provided elsewhere in this Code, and in no event shall a pool be exposed to open view from any public roadway. (h) No aboveground pools of any nature shall be permitted in any zoning district. An aboveground pool shall be considered a pool constructed or assembled of any material and whose top edge exceeds two feet in height above the average finished grade of the lot or site. (i) All pools shall be landscaped so as to pre- vent exposure to off -premises view from any pub- lic roadway, any public or private right-of-way, and the ground level of any adjoining property. However, this subparagraph shall not be con- strued so as to prevent the exposure of pools to open view from public or private waterways. 0) Waterfalls, minor accessory structures, shall not exceed 4 feet in height as measured from average finished grade of property. § 66-369 (k) No grotto shall be permitted within any zoning district. A grotto shall be considered an artificial structure or excavation made to look like a cave or cavern. (Ord. No. 83-1, § 2(X, I, 1), 4-8-83; Ord. No. 92-5, § 1, 9-28-92; Ord. No. 00-1, §§ 18, 19, 3-10-00; Ord. No. 12-4, § 8, 7-13-12) Sec. 66-368. Tennis courts. (a) No tennis court shall be located, designed, operated or maintained so as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the tennis court. (b) No lights shall be used in any manner so as to illuminate any tennis court. (c) All tennis courts shall be in conformity with the setbacks required by the zoning district in which it is located. Any tennis court located on property fronting on SR AlA shall be subject to the established 78 -foot centerline setback. (d) Tennis courts shall be located on the same lot or parcel of land as that of the main building. In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main building or an accessory structure which would cross lot lines. (e) All tennis courts shall be enclosed by a fence, open wall or equivalent barrier and in no event shall a tennis court be exposed to open view from any public roadway. (Ord. No. 83-1, § 2(X, I, 2), 4-8-83) Sec. 66-369. Docks. In the single-family residential district, one dock per lot of record shall be permitted in accor- dance with the following: CD66:67 (1) Site plan review required. All new docks and significant alterations to existing docks shall require site plan review and ap- proval. (2) Permitted as accessory use. Docks shall be permitted only as an accessory use to single-family dwellings for the exclusive use of the dwelling's occupants (residents and nonresident members of the occu- pant's family and resident guests at the ZONING than or equal to 100 feet, the dock- ing zone shall have a 15 -foot mini- mum offset from the setback centerlines on each side with the total setback distance being a mini- mum of 30 percent of the designated water frontage. The docking zone for cove end lots shall have a five-foot minimum offset from the setback centerlines. For lots with designated water frontage less than 100 feet the docking zone shall have a minimum five-foot offset from each of the set- back centerlines. In the case of cove end lots and lots with a water front- age of 100 feet or less, neither boat nor dock shall exceed a length of 70 feet. For rounded corner lots, water frontage is determined by the mid- point of the arc. For purposes of determining designated water front- age, dock widths, setbacks and max- imum boat lengths for each water- front lot within the town, the figures contained within Exhibit "B" at- tached hereto and incorporated herein shall apply. [See the end of this sec- tion.] In cases with multiple water frontages, owner must treat each frontage according to the appropri- ate size category. In the case of low profile piling boat lifts, the lift shall be located in the following manner. The first piling shall be placed a minimum of 20 feet (towards center of the lot) from the setback line with the pilings extending into the docking zone no far- ther than 20 feet from the seawall. For lots with setbacks of more than 15 feet on either side, the 20 -foot measurement for the first piling shall be measured from the setback on the side with the largest set- back. f. A maximum of one dock box shall be permitted which shall be no higher than 30 inches and no larger than 24 cubic feet. § 66-369 g. Light fixtures shall be installed in a manner that provides safe pedes- trian circulation using low voltage lighting with a maximum fifty watts mounted no higher than three feet above the dock at a minimum spac- ing of ten feet on center. Lights are to be step, path or marine type fix- tures. Fixtures must project down- ward at a minimum 45 -degree angle from the horizontal plan tangent to the top of the light source fixture and allow no light spillage onto adjacent properties. No fixture shall be mounted to the seawall. h. Subject to level one site plan ap- proval, a maximum of one floating platform may be permitted in lieu of a boat lift for the purpose of storing small watercrafts. The floating plat- form shall be constructed of nonfer- rous material, be black in color and may not rise more than 12 inches out of the water. No more than two wa- tercrafts of a maximum length of 14 feet shall be stored on the floating platform. The platform dimensions shall not exceed eight feet in width or 16 feet in length. All watercrafts shall be stored parallel to the sea- wall. A floating platform must be removed after three months of dis- use. (7) Materials and colors. Materials and colors of docks and ancillary structures shall be considered as part of architectural review and planning board consideration and shall be maintained as approved. All docks shall be made of wood. No concrete docks are permitted. (Ord. No. 83-1, § 2(X, I, 3), 4-8-83; Ord. No. 91-24, § 3, 10-21-91; Ord. No. 00-1, §§ 20, 21, 3-10-00; Ord. No. 04-9, § 2, 2-11-05; Ord. No. 05-2, §§ 1-6, 9-9-05; Ord. No. 08-4, § 4, 9-5-08; Ord. No. 12-4, § 9, 7-13-12) CD66:69 O CO)Mmi = D O ° n po D 1'I cc z o -- m C CD m ^ -' CD M O Q° rn co m co m m -n m m m v 3 co v (n_ (1) n Ch m O CD 0 � �CD CD 0 0 C Q CD � CD 0 G7 v n m CSD v CD Q (A z =3 l< CD X =3 Q m cav o c Q =3 Q m c3 =3c CDr' v D Q �. 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Vf Hf 69 69 69 tJ N J U C O O 69 jJ U w N to 00 69 00 w O O ON N U O O w W U w ..-� J �- J U �l U O w A N O, ON J N �o 'O U A O N U �o U O 69 A N 69 A �O U O O �O A w 1 -1 O J �O U N Oo O W A A O A O .4 A N A �0 00 N O �O O O O A O Oo O O 4D A O O O O O C O C C .4 C C G O C C O C C C O O O O O O C C G C C O O O A N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W W N 69 A ;•� '"" 69 69 b9 U N J N 69 69 69 5A 69 N 69 69 69 ff3 69 N 6q U H) A 611 N 1 5A in N N t0 U O W �--• U 69 00 69 J 00 A O69 A N O� W O U O O W J 01 J A N U O C 00 A_ O N �D A C1 ut N N O U L� U w ? 00 V J V a, N D\ O O T 00 W O O O O C J C C -1 U O O O W 00 Q\ C O O O C .-� iA -1 N v 00 N O O C O C O C O C O C O C O J v v W 69 69 .-. sn J 00 v_i N 6v A �O cs, A 10 69 w U 69 69 69 10 69 69 69 w 69 .-� 69 19 :j N 69 69 N 69 69 69 f 11 69 �--� 64 N re U .-+ 11 69 J D _ oo O J J .- �A A J N O N oo U U N a1 �] w O �] W J n .-� U J N 69 J c J ? 10 C a 00 J w �O Oo IJ J N .• IJ U N �O A N ao O ao N N O W N O w w J O U �O O oo ao J O A .- w U w A U O O w ►• O w 00 10 O\ 00 U -1 C 00 C O C 00 J IJ W O O 00 J IJ A O O m O 00 [J N O Cl J 0, W 00 O O IJ N T W Oo N O 00 N W in 00 A N J (/i N A O O O O O �l b U b9 69 69 69 69 69 0 69 69 00 A A 00 69 69 69 69 69 69 f}3 69 69 W 69 C U W 'O w 69 69 �O 69 69 U 69 69 W E" 69 6904 69 W O 69 �O U w U w O U J 0o C oo C C O 00 U U U U O O O C C O C w O O to O w it w C N O O O CE 00 O w oo O O O O O O O O O O O O O O O O O O O O O O O O O O 690 69 (ONO O N .- O O O U O O O O O O O O O O O O O O O O O O O O O O O O O O a\ O O O O O C Cl O C O O O O C O O C C O C C O O O O O O O C O O O O O O O O O O O O O O O O O O O O O O O O co O O O O O O O O O O O O O O O O I 69 69 69 U r 69C 69 fA 69 69 69 fbH 69 69 � 69 N Di Do .+ W .^�+ ►�-- A N .^�-+ �-- U N 69 69 A h1 10 �o �p w O U o0 69 �0 ► O O �0 U 69 A A A N J A O O A �O �O O O U U Ip IJ J O N O N oo J O J (71 O J W w w _1 O N O 69 r 6 (p 00 69 b9 Hf 69 5Ii 69 69 69 W W 69 Do W 69 6j �0 V I U 69 69 W 69 0�os. r.04w ffi 69 W O 69 �0 r N O A �] O N U A a1 w U �] ao w .-• U W U w O U �] C 0o in U in u Cl C C C o C C w C C in C in � to o t.n C C C a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o en o vi O, Ip cn o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o rn� O O O O O O O O O O O O O O O O O O O O O O O O O O O O v 69 � A O U ~ N N J oo A O oo A J �O J ao O ff3 69 69 00 69 H) A 69 A '1OHO VWi � 0o C 00 o w w Oo C 0 C O 0 0 O O N O O O O O O O O O O I 69 69 69 U r 69C 69 fA 69 69 69 fbH 69 69 � 69 N Di Do .+ W .^�+ ►�-- A N .^�-+ �-- U N 69 69 A h1 10 �o �p w O U o0 69 �0 ► O O �0 U 69 A A A N J A O O A �O �O O O U U Ip IJ J O N O N oo J O J (71 O J W w w _1 O N O 69 r 6 (p 00 69 b9 Hf 69 5Ii 69 69 69 W W 69 Do W 69 6j �0 V I U 69 69 W 69 0�os. r.04w ffi 69 W O 69 �0 r N O A �] O N U A a1 w U �] ao w .-• U W U w O U �] C 0o in U in u Cl C C C o C C w C C in C in � to o t.n C C C a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o en o vi O, Ip cn o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o rn� O O O O O O O O O O O O O O O O O O O O O O O O O O O O v ��" O rti co w C 0. y " Ln w n o R co. �� ,wc up" co ��. .��7 w ti' ao w�� p�� r� Ci O �� �� b n �� '�� w �� o. 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WaterUsage Chart Analysis..................................................................... BI -MONTHLY U In Thousands of G CONSUMER/YEAR Non -Residential YTD EACH I I ROM PREVIOUS FROM BASE YEAR/SEP YEAR YEAR 1998-1999 2055 2424 2509 2793 2545 1920 14246 2.63% 2.63% 1999-2000 2340 2212 3085 2499 2368 2505 15009 5.36% 8.13% 2000-2001 2587 3239 2034 2044 1639 1926 13469 -10.26% -2.97% 2001-2002 2493 2781 2990 4966 3745 4251 21226 57.59% 52.91% 2003-2004 2554 2377 2528 2486 2716 1909 14570 -39.94% 4.96% 2004 2005 ::.:19:.:.::.::: 124$ ::::•:::•:.854 :.:.:.:.:... 17.13% 1:529:.:::::.:.:897: :. 56:786..::;... . 2005-2006 768 731 838 870 830 736 4773 -24.20% -65.61% 3326 5402 4014 :::�54:a aa873: 4.27% :::1.::6570 :: Fs2:87°�b 2007-2008 1991 2323 1744 2340 1873 1756 12027 /0 83.06 13.36 /o 3285 3996 3059 1477 2541 2006:18i4: 17113 ::�:::::1:406:1::::::::::::::1:6:91:% -31.51% ................. 2009-2010 2767 2875 3047 2627 2833 2847 16996 20.87% 22.44% 2013-2014 4095 3650 5434 4359 6764 6058 30360 73.20% 2011-2012 2508 2780 3311 3002 1879 185215332 -11.88% 10.45% 65;3;3:°(0 ::.:::;:;:;Y;:;:;:;:;7W:QQP 2015-2016 10096 2693 2721 ......... ............ 1:56� :�36:6...Q% ... :::::::::.......�:�::::16:F6°Ic ::................ 2013-2014 1804 2013 2290 2167 2394 1676 12344 13.46% -11.07% ....................................................................... 2Q14 -2a1:5 ::::2402:::::::: ....... ::::::::::: =23:25°10 1909:::::::2321:::::::239Q 2017-2018 :::::::::2 j 53: ............ :::125:17 ... :::::::::::::::::::::: -3;44:°l ................... .:::::::::::::::::::::::: :83a/a 2015-2016 2264 2208 3505 2031 2776 2153 14937 29.97% 7.61% ....................................................................................... 29:99:::::::1698::::::::2213::::::::T99Ei::::::1$77::::::: 183E35 :::::::::::: 12: $8°!0 ::-26:74%', 1468: ::::::11447.::::::::::2:87°10.::::::::::::-17:53?e ..I......... ............. ......(. 2017-2018 2239 2076 2117 1939 1525 1410 11306 1.82% -18.55% 20 15-29:is9 ::36 ::::::::Tl 30::::::: 1:1:1:9::::::::::1003:1:::::::::::: 13:53°l0 .::.:.:.: .: .: ..:-27:4% 2003-2004 5111 5789 5692 4804 5159 3947 30502 1.43% 22.08% 2.......5 :9fi?1$::::::: 4$i:$ :::::::492$ ::::::.:....:.....:.:........... ::...:: 26624 ::::....7:1:4.. :.. . .................. ......................................................................................................................... 2005-2006 3657 6410 4995 4595 4010 3034 26701 0.29% 6.87% 2007-2008 3365 3867 3214 3890 3063 3306 20705 -11.52% 17.13% 6.. P/a 2009 2010 4177 4843 4290 3326 5402 4014 26052 17.91% 4.27% 4100 :::�:�::3947.::�::�::: 3794�:�:�::�::: 3693 ::......23.:�::�::�:2b90: ::::.. 2 .157 :::�:�::�:�.....$ .... ..........15.32•/a 2011-2012 2755 3285 3996 3059 1477 2541 17113 -19.11% -31.51% .20..... :: 443' ' ' `' ' < .5:.:... • • • • 7fl •:•:•:•:......::::1:7 ....22..........32...........8&.::::�:.34.8. ,.........5.9 2 :::::::::::::2;43°� ................. :::: >:;:;:;>:;:;:;:;_' :: ' 'o ..........29,$4•l4 2013-2014 4095 3650 5434 4359 6764 6058 30360 73.20% 21.51%', 20:14.2Q:1:5;:;:,»: >:.:.:.: .:.5265:::: >: >6552:...27.4: >:.:::987.2:.:;:.:;:10289>:.:.:.:.:.::7942:: .......................................... ;:: »:.:5019A:::::.:: 65;3;3:°(0 ::.:::;:;:;Y;:;:;:;:;7W:QQP 2015-2016 10096 2693 2721 3287 2896 3958 25651 61.15% 2.67% 201 H•20:1 :...::.::::::.::.:::: 3698::::.:::3268:::.:.::::3266:•:.::::::317.1:•:•:•:•:.1:8: ... ............ 968& ....... ::::::::::: =23:25°10 ................... :: :•:•:-21::27°/a', 2017-2018 3374 3359 3888 3660 2828 3829 20938 6.36% -16.20% ........................................................................................ :::::::3003:::::: : 183E35 :::::::::::: 12: $8°!0 ::-26:74%', Sin le Familv Homes 2Q(i1=2002 ...... 296fi8 ::::::2661:8 ::::::3697:5 2002-2003 35071 24089 24128 30384 29849 31167174688 2.91% 4.18% 2Q03 2004 :::::::::::::::311$6>::::2751:5:: ......................................................... ............ i ...... :::::::: ::::::8 15°!° ................... 2004-2005 32413 33996 31794 33735 31363 38497201798 6.81% 20.35% 2005 2Q06::: >::::::::: ;:271:56:.>:33138::: .................................. 32096 >:::::38z.1:5:.:.:.:.:35519>::.: >:29935:: ............ ;.:;:196559 ::::. ::::::::::::2;60%. :::.:_:.:_:.:.:.:.:_:.:17.23°(0 2006-2007 38690 33333 32246 30716 17384 23790 176159 -10.38% 5.06% ........................................................................................ >:2523x::::::25202 : `,:•:150903 ........ ::::::::::: -,44:34%b' ...... >: :::-:19:00"/° ................... 2008-2009 23738 29807 31867 31036 24808 26862 168118 11.41% 0.26% ......................................................... "'.70 ... ::17U599 ::::::::::::: }:48% ................ :•:•:1::74?/o 2010-2011 33571 26758 29254 32047 27142 25869 174641 1.75% 4.16% 2011:-�b:12 ::-»:::::::::: ..................... '1499 ::::::23346:: >::: 22667>::::: 26319: >:::21109>::::: .......... 2$T5$ ::::::144695:::: .... ... >::::::: =32:98%u ................ :::: »::::: >: 1'3:70?/0 ............_....o. 2012-2013 24994 32072 26250 27949 23455 23385 158105 11.09/0 5.71/0 . »158673>6:23 2014-2015 23988 26103 22099 . 25617 27687 22936 148430 9.65 /° ...........-11.48% ::::17566.:::::::::::::20:78°% :: ........... 2016 2017 33182 28758 30529 34067 34082 32980 193598 14.53% 15.46% 57%.......... o 7,6 .. . 2018-2019 35845 30635 23595 33374 39153 27378 189980 32.67% 13.306% Total G/S Meters 2003-2004 38851 35681 38460 39397 47371 34238 233998 2.18%13.29% 2005-2006 31581 40279 37929 44180 40359 33705 228033 -2.85% 10.41% 2Q06: 20Q7 ::::::::::::::....4'1 ::::::.5Q4d.....2102....... g.:....... 1 2. 2 .2 ..: ..•°' ... 16 I30 9:61 %� ,. ,......... . ::........:::-9:20"/.0 2007-2008 29103 32213 26639 35246 30170 30264 183635 10.91% -11.09% 37.427:::::2683:::::: ..................... C;25%C ................... :::::::::::::::1;:09%0 2009-2010 39938 31249 30561 29845 42908 39146: 213647 4.58% 3.44% ....................................... 2010 2(J1 }:::::•::::•::::::405}7:::::: ....................................................................................................................................... ........................................................................................... 33b80 :::::: 367&7 :::7G3 :::: 32823 ' ' ' ' ' .. ....::::: . 2:1:2638 _ :::::•::::::t:4S°7o ......... ' ' ' ::•:::::•:::2:95°fo 2011-2012 27762 29411 34974 32380 24465 28148 177140 -31.48% -14.23% ........................................................................................:................................................... ............................................................................................................................................ ..........143•:•::: 29056::::::28757: •::::: hgZ203 ::::::::::::1.79%...:..:.:.:.:.:.:.:.:.:...9:360 2013-2014 32450 35358 34548 32952 36001 30068 201377 11.79% 2.50% 2......1.5 ...........5.::::: .....:•:................... :::::4 % .........................3..... 2015-2016 41332 30479 31019 35805 39187 40183 218005 29.180,X 5.55% 25:OO�.. 2017-2018 33232 30534 37767 39409 32832 38620 212394 -19.60% 16%, 2018 2019 :::.....:.::::: ti857Q .....:.:.:.:......::::::... .. .::22x:74:2::::::52% :: :.:I ....... Graph Page 1 GULF STREAM WATER USAGE CHART ANALYSIS 280000 AUG -SEP 240000 ■ JUN-JUL c U ■ APR -MAY M L FEB -MAR A T ■ DEC -JAN 200000 I V ■ OCT-NOV E 0 0 0 S 160000 G A L L O N S 120000 B I L L E D 80000 1, ii 40000 0 2004- 2005- 2006- 2007- 2008- 2009- 2010- 2011- 2012- 2013- 2014- 2015- 2016- 2017- 2018- 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 BILLING PERIODS FOR EACH FISCAL YEAR BETWEEN FY 04 TO FY 17 Page 1 QIOUC ® Gulf Stream Police Department� F`A' Activity Report From 9/1/2019 Through 9/30/2019 Activity Count ALARMS 13 ASSIST OTHER DEPARTMENT 9 DIRECTED PATROL 131 MISSING PERSONS (ALZHEIMER'S) 1 POLICE SERVICE 8 SUSPICIOUS PERSON I SUSPICIOUS VEHICLE I TOWN ORDINANCE VIOLATION 42 TOWN ORDINANCE VIOLATION (DOG) 1 TRAFFIC CRASH 1 TRAFFIC CONTACTS 116 Gulf Stream Police Department~ �`�'' Activity Report From 9/1/2018 Through 9/30/2018 Activity Count ALARMS 18 ASSIST OTHER DEPARTMENT 16 BURGLARY CONVEYANCE (ATTEMPTED) 1 DIRECTED PATROL 139 MOTORIST ASSIST 1 POLICE SERVICE 10 SUSPICIOUS INCIDENT 2 SUSPICIOUS PERSON 1 TOWN ORDINANCE VIOLATION 34 TOWN ORDINANCE VIOLATION (DOG) 1 TRAFFIC COMPLAINT 4 TRAFFIC CONTACTS 107 INTER -OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN MANAGER GREGORY L. DUNHAM DATE: 10/11/2019 TO: Mayor Morgan and Town Commissioners RE: Personnel Policy Handbook Revisions The original Personnel Policy Handbook, "handbook" was created when Scott Harrington was the Town Manager (August, 1991 — August, 1996). The handbook was revised three times: • August 24, 2004 • October 10, 2007 • July 10, 2015 When I read the handbook, I believed some sections needed more clarity and transparency as to how the policies were to be enforced. Employees are the most import resource the Town has. The goal of these revisions is to further enhance the quality of the work experience between our employees and the Town of Gulf Stream. The staff will highlight the most significant changes to the handbook during the meeting. RECOMMENDATION: Make a motion to approve the Personnel Policy Handbook revisions as submitted. TOWN OF GULF STREAM FLORIDA PERSONNEL POLICY HANDBOOK HUMAN RESOURCE PERFORMANCE CONSULTANTS P.O. Box 2683, Brandon FL, 33509-2683 Telephone: (813) 657-8128; Mobile: (813) 786-8872 or (772) 201-2737; Fax: (813) 657-9127; E-mail: hmcmm@aol.com Revised - August 24, 2004 Revised — October 10, 2007 Revised —July 10, 2015 Revised — October 13, 2019 Contents IntroductoryStatement............................................................................................................1 Section 1 - Employment Natureof Employment.............................................................................................................2 EmployeeRelations................................................................................................................. 2 EqualEmployment Opportunity............................................................................................... 3 Hiringof Relatives................................................................................................................... 3 ImmigrationLaw Compliance...................................................................................................4 Conflictsof Interest..................................................................................................................5 OutsideEmployment................................................................................................................ 6 Life Threatening Illnesses in the Workplace............................................................................. 7 Section 2 - Employment Status and Records EmploymentCategories........................................................................................................... 8 Accessto Personnel File........................................................................................................... 9 PersonnelData Changes........................................................................................................... 9 IntroductoryPeriod...................................................................................................................9 EmploymentApplications...................................................................................................... 10 EmploymentScreening......................................................................................................................... 10 Section 3 - Employee Benefit Programs EmployeeBenefits..................................................................................................................11 Vacation..................................................................................................................................12 Holidays.................................................................................................................................. 16 SickLeave............................................................................................................................... 17 BereavementLeave................................................................................................................. 19 Voting and Parent Teacher Conference Leave......................................................................... 20 JuryDuty Leave...................................................................................................................... 21 WitnessDuty Leave................................................................................................................ 22 Educational Assistance and Educational Leave........................................................................ 22 Life, Health, Vision and Dentallnsurance.................................................................................. 24 Health Reimbursement Account (HRA).................................................................................... 24 WorkersCompensation Insurance........................................................................................... 25 BenefitsContinuation (COBRA)............................................................................................... 25 RetirementPlans................................................................................................................... 27 LongevityPay......................................................................................................................... 27 Section 4 - Timekeeping and Payroll Timekeeping............................................................................................................................28 PayrollSchedule......................................................................................................................28 Payday.....................................................................................................................................29 PayDeductions........................................................................................................................29 Administrative Pay Corrections.............................................:................................................ 30 EmploymentTermination.......................................................................................................30 Section 5 - Work Conditions and Hours Safety.......................................................................................................................................32 WorkSchedules.......................................................................................................................33 BusinessTravel........................................................................................................................ 33 VehicleAllowance................................................................................................................... 35 Use of Phone, Internet and Mail Systems................................................................................ 35 Smoking................................................................................................................................... 36 MealPeriods............................................................................................................................ 36 Overtime.................................................................................................................................. 36 Useof Equipment..................................................................................................................... 37 EmergencyClosing................................................................................................................... 38 Section 6 - Leaves of Absence UnpaidPersonal Leave............................................................................................................39 MilitaryLeave..........................................................................................................................40 Pregnancy -Related Absences...................................................................................................41 OtherUnpaid Leave.................................................................................................................42 Section 7 - Employee Conduct EmployeeConduct and Work Rules........................................................................................ 43 Town Procurement Cards, Credit Cards and House Accounts........................................................44 PublicRecords......................................................................................................................................45 ReportingWrongdoing...........................................................................................................46 Drugand Alcohol Use............................................................................................................. 46 Sexualand Other Unlawful Harassment................................................................................. 47 Attendanceand Punctuality....................................................................................................47 PersonalAppearance...............................................................................................................48 Returnof Property...................................................................................................................48 Resignation..............................................................................................................................48 Section 8 - Disciplinary Procedures DisciplinaryProcedures........................................................................................................................49 EMPLOYEE ACKNOWLEDGEMENT FORM................................................................................50 APPENDIX I - GRIEVANCE PROCEDURE APPENDIX 11 — ALCOHOL AND DRUG ABUSE POLICY INTRODUCTORY STATEMENT This handbook has been developed to introduce you to the Town of Gulf Stream and provide you with information about working conditions and some of the policies affecting your employment. Take the time to read this manual. It describes what the Town expects from you as an employee, and the programs the Town has adopted for your benefit. One of our objectives is to provide a work environment that assists you in both personal and professional growth. No employee handbook can anticipate every circumstance or question about policy. The need may arise, and the Town reserves the right to revise, supplement, or rescind any policies or portion of the handbook from time to time as it deems appropriate. The only exception to any changes is our employment -at -will policy permitting you or the Town to end our relationship for any reason at any time. Employees will, of course, be notified of such changes to the handbook as they occur. This handbeek does not ap*Portions of this handbook are not applicable to the position of Town Manager, Town Clerk or Police Chief. An o.,,pleyee in this ' sitio TJ Employees in these positions are appointed directly by the Town Commission and serve at the Commission's direction and pleasure. Additionally, employees of the Police Department are subject to the Departmental General Orders; t they should read that manual. The final page of this manual is an Employee Acknowledgment Form that all employees should read and sign to acknowledge that they have read this handbook. Section 1 - Employment NATURE OF EMPLOYMENT This handbook is intended to provide employees with a general understanding of our personnel policies. Employees are encouraged to familiarize themselves with the contents of this handbook, for it will answer many common questions concerning employment with the Town. However, this handbook cannot anticipate every situation or answer every question about employment. It is not an employment contract and is not intended to create contractual obligations of any kind. Neither the employee nor the Town is bound to continue the employment relationship if either chooses, at its will, to end the relationship at any time. In order to retain necessary flexibility in the administration of policies and procedures, the Town reserves the right to change, revise, or eliminate any of the policies and/or benefits described in this handbook, except for its policy of employment -at -will. The only recognized deviations from the stated policies are those authorized and signed by the Town Manager under direction of the Town Commission. EMPLOYEE RELATIONS The Town believes that the work conditions, wages, and benefits it offers to its employees are competitive with those offered by other public sector employers in this area. If employees have concerns about work conditions or compensation, they are strongly encouraged to voice these concerns openly and directly to their supervisor. If problems or concerns cannot be resolved at the immediate -supervisor level, the employee may request a review by the Town Manager. Our experience has shown that when employees deal openly and directly with supervisors, the work environment can be excellent, communications can be clear, and attitudes can be positive. We believe that the Town amply demonstrates its commitment to employees by responding effectively to employee concerns. 2 EQUAL EMPLOYMENT OPPORTUNITY In order to provide equal employment and advancement opportunities to all individuals, employment decisions by the Town will be based on merit, qualifications, and abilities. The Town does not discriminate in employment opportunities or practices based on race, color, religion, sex, national origin, age, disability, marital status, or any other characteristic protected by law. The Town will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship to the Town. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. Employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their immediate supervisor or the Town Manager. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. HIRING OF RELATIVES The employment of relatives in the same area of an organization may cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment ean-may be affived introduced into day-to-day working relationships. Florida state law prohibits municipal officials from appointing, employing, promoting or advancing, or advocating for appointment, employment, promotion or advancement any relative in the municipality for which the official serves. An official is defined as an employee with the authority to execute or recommend the appointment, employment, promotion or advancement of other individuals within the organization. A relative is defined as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother -in law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother or half-sister. 3 It shall further be the policy of the Town that relatives of persons currently employed by the Town may be hired only if they will not be working directly for or supervising a relative or will not occupy a position in the same line of authority within the organization. This policy applies to any relative, higher or lower in the organization, who has the authority to review employment decisions. Town employees cannot be transferred into such a reporting relationship. If the relative relationship is established after employment, the individuals concerned will decide who is to be transferred. If that decision is not made within 30 calendar days, management will decide. In other cases where a conflict or the potential for conflict arises, even if there is no supervisory relationship involved, the parties may be separated by reassignment or terminated from employment. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is like that of persons who are related by blood or marriage. IMMIGRATION LAW COMPLLANCE The Town is committed to employing only United States citizens and aliens who are authorized to work in the United States, and does not unlawfully discriminate based on citizenship or national origin. In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with the Town within the past three years, or if their previous I-9 is no longer retained or valid. Employees with questions or seeking more information on immigration Law issues are encouraged to contact the Town Clerk. Employees may raise questions or complaints about immigration Law compliance without fear of reprisal. CONFLICTS OF INTEREST Town employees have an obligation to conduct Town business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which the Town wishes such business to operate. The purpose of these guidelines is to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of operation. Contact the Town Manager for more information or questions about conflicts of interest. Transactions with outside funis must be conducted within a framework established and controlled by the executive level of the Town (i.e., Town Manager and Town Commission, and Chief of Police if applicable). Business dealings with outside firms should not result in unusual gains for or from those firms. Unusual gain refers to bribes, product bonuses, special fringe benefits, unusual price breaks, and other windfalls designed to ultimately benefit either the employer, the employee, or both. Promotional plans that could be interpreted to involve unusual gain require specific executive -level approval. An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of the Town's business dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. No "presumption of guilt" is created by the mere existence of a relationship with outside firms. However, if an employee has any influence on transactions involving purchases, contracts, or leases, it is imperative that he or she disclose to the Town Manager as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties. Personal gain may result not only in cases where an employee or relative has a significant ownership in a firm with which the Town does business but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving the Town. OUTSIDE EMPLOYMENT Outside employment by pollee pe e 4s--ee er-ed i the Pell e Depa,4.,,o fit Ge eFal Order- whiek requires that ....,.h o.....',,..ment must first be approved by the Town Manager or Chief of Police. Employees may hold outside jobs only if they continue to -meet the performance standards of their job with the Town. All employees will be judged by the same performance standards and will be subject to the Town's scheduling demands, regardless of any existing outside work requirements. If the Town determines that an employee's outside work interferes with performance or the ability to meet the requirements of the Town as they are modified from time to time, the employee may be asked to terminate the outside employment if he or she wishes to remain with the Town. Outside employment that constitutes a conflict of interest is prohibited. Employees may not receive any income or material gain from individuals outside the Town for materials produced or services rendered while performing their jobs for the Town. In addition to the above, outside employment by sworn police officers is regulated by Section 561.25, Florida Statutes, which generally prohibits sworn officers from having ownership in or being employed by establishments that have a state liquor license. 0 LIFE-THREATENING ILLNESSES IN THE WORKPLACE Employees with life-threatening illnesses, such as cancer, heart disease, and AIDS, often wish to continue their normal pursuits, including work, to the extent allowed by their condition. The Town supports these endeavors as long as employees are able to meet acceptable performance standards. As in the case of other disabilities, the Town will make reasonable accommodations in accordance with all legal requirements to allow qualified employees with life-threatening illnesses to perform the essential functions of their jobs. Medical information about individual employees is treated confidentially. The Town will take reasonable precautions to protect such information from inappropriate disclosure. Managers and other employees have a responsibility to respect and maintain the confidentiality of employee medical information. Anyone inappropriately disclosing such information is subject to disciplinary action, up to and including termination of employment. Employees with questions or concerns about life-threatening illnesses are encouraged to contact the Town Manager or Town Clerk for information and referral to appropriate services and resources. 7 Section 2 - Employment Status and Records EMPLOYMENT CATEGORIES It is the intent of the Town to clarify the employment -at -will definitions of employment classifications so that employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period. Each employee is designated as either NONEXEMPT or EXEMPT from federal and state wage and hour laws. NONEXEMPT employees are entitled to overtime pay under the specific provisions of federal and state laws. An employee's EXEMPT or NONEXEMPT classification may be changed only upon written notification by the Town management. In addition to the above categories, each employee will belong to one other employment category: ➢ REGULAR FULL-TIME employees are those who are not in a temporary or intr-odtietoi-yTrobationaa status and who are regularly scheduled to work the Town's full-time schedule. Generally, they are eligible for the Town's benefit package, subject to the terms, conditions, and limitations of each benefit program. ➢ PART-TIME employees are those who are not assigned to a temporary or intr-oduetei=)Vrobationary status and who are regularly scheduled to work less than 30 hours per week. While they do receive all legally required benefits (such as Social Security and workers' compensation insurance), they are ineligible for the Town's other benefit programs, except where otherwise noted. ➢ NTROD CTnnvPROBATIONARY employees are those whose performance is being evaluated to determine whether further employment in a specific position or with the Town is appropriate. Employees who satisfactorily complete the ' robationa period will be notified of their new employment classification. ➢ TEMPORARY employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change. While temporary employees receive all legally required benefits (such as workers' compensation insurance and Social Security), they are ineligible for all the Town's other benefit programs. �' ACCESS TO PERSONNEL FILES The Town maintains a personnel file on each employee. The personnel file includes such information as the employee's job application, resume, tax withholding forms, records of training, documentation of performance appraisals and salary increases, and other employment records. Under Florida law, personnel files are public records available for public inspection. However, medical information contained in an employee's personnel file is exempt from the public disclosure law and may not be released without a court order or the employee's written permission. The law also ohibits- , aFdless of the offieer's eeffeat o pk) ent status All other exemptions to public record disclosures will be followed as outlined by Florida Statute 119. PeFSonTEmployees who wish to review a --their own personnel file should contact the Town ManagefClerk or Human Resources Director. With reasonable advance notice, the employee's own personnel files -may be reviewed in the Town's offices during regular business hours. PERSONNEL DATA CHANGES It is the responsibility of each employee to promptly notify the Town of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, and other such status reports should be accurate and current at all times. If any personnel data has changed, notify the Human Resources Director. ENTRODUC4ORYPROBATIONARY PERIOD The intr-edtteteFyprobationary employment period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. The Town uses this period to evaluate employee capabilities, work habits, and overall performance. Either the employee or the Town may end the employment relationship at any time during or after the intr-ed wtopfpEgbationaa period, with or without cause or advance notice. 9 All new and rehired employees work on an ' robationary basis_ Police Department positions have a probationary period of 365 calendar days (12 months) after their date of hire. All other positions have a probationary period for- tof 180 calendar days (4)1 76 months) after their date of hire. Any significant absence will automatically extend a ifAFeduetofyprobationary period by the length of the absence. If the Town determines that the designated ' robationaperiod does not allow sufficient time to thoroughly evaluate the employee's performance, the ' robationa period may be extended for a specified period. Upon satisfactory completion of the ' robationa period, employees enter the "regular" employment classification. EMPLOYMENT APPLICATIONS The Town relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any mis- representations, falsifications, or material omissions in any of this information or data may result in the Town's exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. PRE-EMPLOYMENT SCREENING The Town believes that to promote a harmonious and safe work environment for all emplovees, as well as the residents and others conducting business with the Town, the Town must take precautions to only hire well qualified individuals. In addition, all Police Officer applicants must meet Florida Department of Law Enforcement (FDLE) requirements. For positions that are responsible for the Town's finances or will have access to Town credit or house accounts, a credit history may also be required. 10 Section 3 - Employee Benefit Programs EMPLOYEE BENEFITS Eligible employees of the Town are provided a wide range of benefits. A number of the programs (such as Social Security, workers' compensation, and unemployment insurance) cover all employees in the manner prescribed by Law. Benefits eligibility is dependent upon a variety of factors, including employee classification. Your supervisor can identify the programs for which you are eligible. Details of many of these programs can be found elsewhere in the employee handbook. Some benefit programs require contributions from the employee, but most are fully paid by the Town. The following benefit programs are available to eligible employees: ➢ Vacation ➢ Holidays ➢ Sick Leave ➢ Bereavement Leave ➢ Voting and Parent/teacher Conference Leave ➢ Jury Duty Leave ➢ Witness Duty Leave ➢ Educational Assistance and Educational Leave ➢ Life, Health, Vision and Dental Insurance ➢ Health Reimbursement Account (HRA) ➢ Worker's Compensation Insurance ➢ Benefits Continuation (COBRA) ➢ Retirement Plans 11 VACATION Employees in the following employment classification(s) are eligible to earn and use vacation time as described in this policy: ➢ Regular full-time employees ➢ 14;t-redu0,4eFyProbationaa police officers after 6 months ➢ Part-time employees Vacation time off with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. The amount of paid vacation time employees receive each year increases with the length of their employment as shown in the following schedule. Vacation is calculated based on the fiscal year of employment, with October 1 as the start of the Town's fiscal year. Newly hired employees begin to accrue vacation time at a rate of 10 days 80 hours per year - .833 days 6.664 hours per month - after their iatr-oduetoi-�qrobationaa period concludes. Upon the next October 1, vacation accrual will become 11 s 88 hours per year, and will increase annually upon October 1 12 VACATION Dnve i~rccnr YEAR n>~ Aft-ef .833 days 10 days On Oet 1 of first year- a .916 days 14 -days Regular- full time employee 2 yeafs day Sys I yea}' 10 days 13 days 4 yeafs 1. 16 day 14 days 5 yeas 1.25 day 15 days 1.33 7 years 4 -days 17 Sys $year 1.5 19 days 9 yews 1.59 days 19 day 10 yews mays Sys 11year-s 1-�5-4ay-s m days 1years 1.93 days 22 days 13 yews 1� 4ays Sys }¢yews 24ays 24 days 15 year -s and t,eyana 2.8$ days 25 days 13 FISCAL YEAR OF VACATION DAYS Earned Monthly Earned Yearly After probationary period 6.664 hours 80 hours On Oct. 1 of first year as a 7.328 hours 88 hours Regular full-time 2 years 8 hours 96 hours 3years 8.64 hours 104 hours 4 years 9.28 hours 112 hours 5 years 10 hours 120 hours 6 years 10.64 hours 128 hours 7 years 11.328 hours 136 hours 8 years 12 hours 144 hours 9 year 12.64 hours 152 hours 10 year 13.28 hours 160 hours 11 years 14 hours 168 hours 12 year 14.64 hours 176 hours 13 years 15.328 hours 184 hours 14 years 16 hours 192 hours 15 years and beyond 16.64 hours 200 hours After one year of employment, part-time employees who work an average of 20 hours or more per week shall earn five 40 hours of vacation time each year. i=- - — -- — 14 Employees do not accrue vacation time during leave of absence without pay, suspension without pay, or any other type of leave without pay. Paid vacation time can be used in minimum increments of one-half day. Employees may use up to fivedays- 40 hours of vacation prior to accrual each year, with the approval of the employee's department head. To take vacation, employees shall request advance approval from their supervisors. Requests will be reviewed based on a number of factors, including business needs and staffmg requirements. Vacation time off is paid at the employee's base pay rate at the time of vacation. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials. An employee who does not use all of their vacation time earned during a fiscal year may rollover a maximum of 40 hours to be used during the next fiscal year. If the employee chooses to not rollover any unused vacation time into the next fiscal year, the unused vacation hours will be paid out at the employee's current base rate of pay at the end of the fiscal year in September. An employee's vacation bank shall be capped at a maximum of 40 hours. In cases where unusual circumstances prevent an employee from using vacation time during a given year, consideration will be granted for adjustment of carry-over rate and requirements to use vacation time. Upon termination of employment, if the employee has served at least six continuous months in the Town's employ immediately prior to termination, employees will be paid for unused vacation time that has been earned through the last day of work. However, if the Town, in its sole discretion, terminates employment for cause, forfeiture of unused vacation time may result. Any Town employee that chooses to do so may donate some of their accrued vacation time to any active Town of Gulf Stream employee who has been on sick leave for an extended period of time. 15 HOLIDAYS Employee classification(s) that qualify for paid holidays are: ➢ Regular full-time employees ➢ itr-edueto Probationary employees The Town will grant holiday time off to all employees on the 11 holidays listed below. ➢ New Year's Day (January 1) ➢ Martin Luther King Jr. Day (3rd Monday in January) ➢ Presidents' Day (third Monday in February) ➢ Good Friday (Friday before Easter) ➢ Memorial Day (last Monday in May) ➢ Independence Day (July 4) ➢ Labor Day (first Monday in September) ➢ Veterans' Day (November II) ➢ Thanksgiving (fourth Thursday in November) and the following Friday ➢ Christmas (December 25) ➢ Floating holiday (One day to be chosen by the employee with the approval of their supervisor.) The Town will grant paid holiday time off to all eligible employees immediately upon assignment to an eligible employment classification. Holiday pay will be calculated based on the employee's straight -time pay rate (as of the date of the holiday) times the number of hours the employee would otherwise have worked on that day. 16 If a recognized holiday falls during an eligible employee's paid absence (e.g., vacation, sick leave), holiday pay will be provided instead of the paid time off benefit that would otherwise have applied. Holiday time will not be charged against an employee's accrued vacation time or sick leave. If an eligible nonexempt employee works on a recognized holiday, he or she will receive enebe aid at twice the employee's a of paid ti ffie off at . othe . time to be appfeved 1.y the o ..le.,oe� strperiser day -!-,regular rate ofpay Paid time off for holidays will not be counted as hours worked for the purposes of determining overtime. SICK LEAVE Employee classification(s) that qualify for paid sick leave are: ➢ Regular full-time employees ➢ Ifedt+cter--yProbationary employees p&li e��� Eligible employees will accrue sick leave benefits at the rate of "� 96 hours per year ( 8 hours for every full month of service). The Town provides paid sick leave benefits to all eligible employees for periods of temporary absence related to illnesses or non -work-related injuries, pregnancy, exposure to a contagious disease, or for medical or dental appointments. Sick leave may also be used to care for an immediate family member who is ill. The Town defines "immediate family" as the employee's natural, adopted or foster mother, father, sister, brother, son or daughter; spouse; mother-in-law; father-in-law; grandparents or grandchildren. Special consideration may also be given to any other person whose association with the employee is like any of the above relationships, such as those who reside in the employee's household. Paid sick leave can be used in minimum increments of one half day four 4) hours. Accrued sick leave is to be used only for actual illness, injury, medical appointments or care for a family member, as outlined above. Employees who are unable to report to work because of illness or injury should notify their direct supervisor at least three hours before the scheduled start of their workday if possible. The direct supervisor must also be contacted on each additional day of absence. Use of 17 sick leave based on false claims shall be deemed cause for dismissal, and employees failing to notify their supervisor or the k Town Manager of a reason for absence over three days' time shall be considered to have resigned. If an employee is absent for three or more consecutive days because of illness or injury, he or she may be requested to provide a physician's statement verifying the disability and its beginning and expected ending dates. If an employee anticipates being absent for more than five days because of sickness or injury, the leave request must be accompanied by a physician's statement. Employees requesting more than 12 days of sick leave must advise their supervisor or the Town Fdefl-Manager of the request and a probable return date. Such notice and documentation may be required as a condition to receiving sick leave benefits. Sick leave benefits will be calculated based on the employee's base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift differentials. Sick leave benefits will not accrue during a leave of absence without pay, suspension without pay, or when an employee is otherwise in a non -pay status. The Town views sick leave as a benefit to be used only when an employee or an immediate family member is ill or injured. Abuse of sick leave will not be tolerated. However, the Town also appreciates employees who are fortunate enough to remain healthy and able to report to work. At the end of each fiscal year, the Town's Unused Sick Leave Bonus Program provides monetary rewards to eligible employees for sick leave earned but not used in the previous fiscal year. As shown in the following schedule, the bonus is paid at a rate of one day's pay for every thme days 24 hours -of unused sick leave for those employees with 4x-48 hours or more unused sick daytime earned in the previous fiscal year. Those employees who earn less than six sick days 48 hours of sick leave or use more than sig sick days 48 hours of sick leave in a fiscal year are not eligible for the bonus program. For the purposes of the bonus program, the first 12 days 96 hours of sick leave used in a single fiscal year will be considered to have been time earned in that fiscal year. UNUSED SICK LEAVE BW,�S PROGRI-40,41 Menus Paid hi Sys "ay -s 14 -days 10 days a4ay-s 18 I 'A� 2 y 6 -days "ays fess th « 6 days UNUSED SICK LEAVE BONUS PROGRAM Sick Hours Remaining From Those Accrued In Previous Fiscal Year Bonus Paid In Regular Daily Wage Equivalent 96 hours 32 hours 88 hours 29.36 hours 80 hours 26.64 hours 72 hours 24 hours 64 hours 21.36 hours 56 hours 18.64 hours 48 hours 16 hours Fewer than 47 hours 0 hours Bonus payments do not affect accrual of sick leave benefits. All unused day -s - hours for which a bonus is given remain available to the employee to use in future years. Unused sick leave benefits will be allowed to accumulate up to 120 d Ws_260 hours. However, those employees who accrue the maximum number of dam hours will still be eligible for the bonus program at the end of each fiscal year. All unused sick leave will be forfeited upon separation of employment from the Town. BEREAVEMENT LEAVE Employee classification(s) that qualify for paid bereavement leave are: ➢ Regular full-time employees 19 �' Probationary employees If an employee wishes to take time off because of the death of an immediate family member, the employee should notify his or her supervisor immediately. Employees will be granted up to three days- of paid time off to allow the employee to attend the funeral and make any necessary arrangements associated with the death. Approval of bereavement leave will occur in the absence of unusual operating requirements. Any employee may, with the supervisor's approval, use any available paid leave for additional time off as necessary. The Town may, however, require verification of the death before bereavement or other leave is given. The Town defines "immediate family" as the employee's natural, adopted or foster mother, father, sister, brother, son or daughter; spouse; mother-in-law; father-in-law; grandparents or grandchildren. Special consideration may also be given to any other person whose association with the employee was like any of the above relationships, such as those who reside in the employee's household. VOTING and PARENT/TEACHER CONFERENCE LEAVE are: Employee classification(s) that qualify for paid time off to vote and to attend parent/teacher conferences �' Regular full-time employees �' Probationary employees The Town encourages employees to fulfill their civic responsibilities by participating in elections, and their parental responsibilities by supporting the efforts of their children's school teachers. Generally, employees can find time to vote either before or after their regular work schedule. If employees are unable to vote in an election during their nonworking hours, the Town will grant up to two hours of paid time off to vote. 20 Additionally, the Town will grant employees up to four hours of paid time off per school year to meet with their children's school teachers to discuss report cards or for other conferences pertaining to their children's academic progress, as requested. Employees should request time off from their supervisor at least two working days prior to election day or the day of the scheduled parent/teacher conference. Advance notice is required so that the necessary time off can be scheduled to cause the least disruption to the normal work schedule. JURY DUTY LEAVE Employee classifications that qualify for paid jury duty leave are: ➢ Regular full-time employees ➢ lrejeteffProbationary employees The Town encourages employees to fulfill their civic responsibilities by serving jury duty when required. Employees will be paid the difference between jury duty pay and the employee's regular salary. Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may decide to accommodate their absence. Employees are expected to report for work whenever the court schedule permits. Either the Town or the employee may request an excuse from jury duty if, in the Town's judgment, the employee's absence would create serious operational difficulties. The Town will continue to provide health insurance benefits for eligible employees for the full term of the jury duty absence. 21 WITNESS DUTY LEAVE Employee classifications that qualify for witness duty leave are: ➢ Regular full-time employees ➢ IteteFyProbationary employees ➢ Part-time employees The Town encourages employees to appear in court for witness duty when subpoenaed to do so. The subpoena should be shown to the employee's supervisor immediately after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee's absence. The employee is expected to report for work whenever the court schedule permits. If employees have been subpoenaed or otherwise requested to testify as witnesses by the Town, they will aid fif e off for- the entire pe ea of witness duty, they will receive their regular hourly rate of pay if scheduled to work that day. If the employee has to appear on their regularly scheduled day off, they will receive pay at their overtime rate for the entire per4ad of witiiess dtA that day, with a three hour minimum. Employees will be granted unpaid time off to appear in court as a witness when requested by a party other than the Town. Employees are free to use any available paid leave benefit (e.g., vacation leave) to receive compensation for this period of absence. EDUCATIONAL ASSISTANCE AND EDUCATIONAL LEAVE are: Employee classifications that qualify for paid educational assistance and paid or unpaid educational leave ➢ Regular full-time employees 22 The Town recognizes the knowledge and skills of its employees are critical to the success of the organization. The educational assistance program encourages personal development through formal education so employees can improve job- related skills or enhance their ability to compete for other reasonably attainable jobs within the Town. The Town will provide educational assistance in the form of partial or full tuition payments to eligible employees immediately upon assignment to an eligible employment classification. To maintain eligibility, employees must remain on the active payroll and be performing their job satisfactorily through completion of each course. Individual courses or those that are part of a degree, licensing, or certification program must be related to the employee's current job duties or a foreseeable future position in the organization in order to be eligible for educational assistance. Upon recommendation by the employee's department head, the Town Manager will determine whether a course relates to an employee's current job or a foreseeable future position. The amount of tuition to be reimbursed by the Town will be determined on a case-by-case basis, depending on successful completion of course work, the degree of relevance to the employee's job, availability of funds, etc. Accordingly, employees will be required to submit their report cards, certificates, and/or a written summary of the course and its applicability to the Town as a condition of receiving this benefit. While educational assistance is expected to enhance employees' performance and professional abilities, the Town cannot guarantee that participation in formal education will entitle the employee to automatic advancement, a different job assignment, or pay increases. Employees should contact their supervisor for more information or questions about educational assistance. The Town also provides paid and unpaid leaves of absence to eligible employees who wish to take time off from work duties to pursue course work that is applicable to their job duties with the Town. When deemed appropriate by the Town Manager based upon a recommendation by the employee's department head, the Town will provide paid time off to eligible employees to take examinations or to attend professional meetings, seminars or conferences when such activities will contribute to the effectiveness of the employee's service to the Town. 23 Subject to the terms, conditions, and limitations of the applicable plans, the Town will continue to provide health insurance benefits for the full period of the approved educational leave. Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during unpaid leave and will resume upon return to active employment. When an unpaid educational leave ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. However, the Town cannot guarantee reinstatement in all cases. Educational leave is conditional, and an employee granted leave may be required to return to work at any time as work conditions dictate. If an employee fails to report to work promptly at the end of the approved leave period or when otherwise requested to return, the Town will assume that the employee has resigned. LIFE, HEALTH, VISION and DENTAL INSURANCE Employee classifications that qualify for Town insurance programs are: ➢ Regular full-time employees ➢ I#red +etefyProbationaa full-time employees The Town provides health insurance to all eligible employees. In addition, the Town provides life, dental and vision insurance for the entire family. Policies pertaining to these programs are provided separately from this manual. 24 HEALTH REIMBURSEMENT ACCOUNT (HRA) Eligible employees are provided an amount each year to be used for out of pocket expenses related to qualified medical expenses such as: Co -pays, calendar year deductibles and cost of medical expenses not covered by the insurance providers. The reimbursement option also covers the family members even if the family members are not enrolled in the Town 's medical insurance plans.After- th fee yeaFs of eligi 4e empleymen4 the unused pei4ien of the HRA is vested and ean be used and withdr-awn by the empleye Withdraws from the employee's HRA account are governed by the Federal IRS guidelines. The policy pertaining to this program is provided separately from this manual. WORKERS' COMPENSATION INSURANCE Employee classifications that qualify for workers' compensation insurance are: ➢ Regular full-time employees ➢ kAr-eduster}Probationary employees ➢ Part-time employees ➢ Temporary employees The Town provides a comprehensive workers' compensation insurance program at no cost to employees. This program covers any injury or illness suffered in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers' compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately. Employees who suffer work-related injuries or illnesses should inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible. Failure to report an injury may result in loss of workers' compensation benefits. 25 BENEFITS Continuation (COBRA) Employee classifications that qualify for COBRA benefits continuation are: ➢ Regular full-time employees ➢ kAFE) w4efyProbationary full-time employees The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the Town's health plan when a "qualifying event" would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, or death of an employee; a reduction in an employee's hours or a leave of absence; an employee's divorce or legal separation; and a dependent child no longer meeting eligibility requirements. Under COBRA, the employee or beneficiary pays the full cost of coverage at the Town's group rates, plus an administration fee. The Town provides each eligible employee with a written notice describing rights granted under COBRA at the time of a qualifying event. The notice contains important information about the employee's rights and obligations. OTHER POST EMPLOYMENT BENEFITS (OPEB) The Town provides retired employees,p to the age of 65, the opportunity to purchase the same health insurance plan currently offered to active employees. The cost shall be 100% the responsibility, of the retired employee. If the retired employee re-enters the workforce with any entity, they shall forfeit this right. To be eligible to retire from the Town, an employee must work at least five (5) full years continuously with the Town and be a minimum of fifty-nine and one half (59 ''V2) years old. Employees who meet the age and vestment employment requirements, but are discharged by the Town, shall not qualify for the OPEB benefit that relates to the health insurance plan. 26 RETIREMENT PLANS Employee classifications that qualify for retirement plan benefits are: ➢ Regular full-time employees ➢ latfadoetefyProbationary fu" time employees- police officers after six (6) months The Town offers eligible employees a 401 (a) defined contribution plan and a 457 deferred compensation plan to allow employees to accrue funds toward a retirement benefit. The polices pertaining to these programs are provided to employees separately from this manual. 27 Section 4 - Timekeeping and Payroll TIMEKEEPING Accurately recording time worked is the responsibility of every nonexempt employee. Federal and state laws require the Town to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time spent on the job performing assigned duties. Nonexempt employees should accurately record the time they begin and end their work, as well as the beginning and ending time of each meal period. They should also record the beginning and ending time of any split shift or departure from work for personal reasons. Overtime work must always be approved before it is performed. It is the employee's responsibility to sign his or her time record to certify the accuracy of all time recorded. The supervisor will review and then initial the time record before submitting it for payroll processing. PAYROLLSCHEDULE The Town is on a two-week payroll schedule which begins on a Saturday and ends on a Friday. All- time records must be complete and to the supervisor no later than the Monday morning following the end of a payroll period, or as directed by the supervisor. Werk sehedules e based an an eight hour- • ork day All benefits, such as vacation and sick time, also are predicated on an eight-hour work day. Accordingly, any change in the number of hours in the work day will result in a corresponding change in benefit calculations. W PAYDAY All employees are paid biweekly, on every other Wednesday. Employees may select to have their paychecks in either paper form or by direct deposit. Each paycheck will include earnings for all work performed through the end of the previous payroll period. If a regularly scheduled payday falls on a day off, such as a holiday, employees will receive pay on the last day of work before the regularly scheduled payday. If a regular payday falls during an employee's vacation, and the employee does not participate in direct deposit, the employee's paycheck will be available upon his or her return from vacation. PAY DEDUCTIONS The law requires that the Town make certain deductions from every employee's compensation. Among these are applicable federal, state, and local income taxes. The Town also, must deduct Social Security taxes on each employee's earnings up to a specified limit that is called the Social Security "wage base." The Town matches the amount of Social Security taxes paid by each employee. Nonexempt employees will be paid only for actual hours worked unless they receive benefits under the town paid time off, vacation, sickness, disability, or other leave policies. Exempt employees are paid on a salary basis and, in general, must be paid their full salary for any week in which they perform work. Their pay may be reduced in the following circumstances: ➢ Violation of safety rule and policies ➢ Violation of workplace conduct policies ➢ Intermittent leave taken under the Family & Medical Leave Act (FMLA) 29 The Town will reimburse any exempt employee whose pay is reduced in violation of this policy. If you feel your pay has been improperly reduced, please notify your supervisor or the Town Manager. (See Appendix 1 - Grievance Procedure) The Town offers programs and benefits beyond those required by law. Eligible employees may voluntarily authorize deductions from their pay checks to cover the costs of participation in these programs. If you have questions concerning why deductions were made from your pay check or how they were calculated, your supervisor can assist in having your questions answered. ADMINISTRATIVE PAY CORRECTIONS The Town takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday. In the unlikely event that there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of the "ice Cler-kChief f inancial Officer so that corrections can be made as quickly as possible. EMPLOYMENT TERMINATION Termination of employment is a reality in any organization, and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is terminated: ➢ Resignation- voluntary employment termination initiated by an employee. Discharge- involuntary employment termination initiated by the organization. 30 �' Retirement  voluntary employment termination initiated by the employee who has been emyloyed with the Town for a minimum of five consecutive years and has reached the age of fifty-nine and a half (59 VA Because employment with the Town is based on mutual consent, both the employee and the Town have the right to terminate employment at will, with or without cause, at any time. Employees will receive their final pay in accordance with applicable state law. Employee benefits will be affected by employment termination in the following manner. All accrued, vested benefits that are due and payable at termination will be paid. Unused sick leave will be forfeited. Some benefits may be continued at the employee's expense if the employee so chooses (see BENEFITS CONTINUATION in Section 3 above). The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance. 31 Section 5 - Work Conditions and Hours SAFETY To assist in providing a safe and healthful work environment for employees, customers, and visitors, the Town has established a workplace safety program. This program is a top priority for the Town. The Town Manager and department heads have responsibility for implementing, administering, monitoring, and evaluating the safety program. Its success depends on the alertness and personal commitment of all. The Town provides information to employees about workplace safety and health issues through regular internal communication channels such as supervisor -employee meetings, bulletin board posting, memos, or other written communication. Employees and supervisors receive periodic workplace safety training. The training covers potential safety and health hazards, and safe work practices and procedures to eliminate or minimize hazards. Some of the best safety improvement ideas come from employees. Those with ideas, concerns, or suggestions for improved safety in the workplace are encouraged to raise them with their supervisor, or with another supervisor or manager, or bring them to the attention of the Town Manager. Reports and concerns about workplace safety issues may be made anonymously if the employee wishes. All reports can be made without fear of reprisal. Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment. In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify the appropriate supervisor. Such reports are necessary to comply with laws and initiate insurance and workers' compensation benefits procedures. The Town Manager and Police Chief shall determine if a drug or alcohol test should be administered if an employee has an accident while on duty. 32 WORK SCHEDULES Work schedules for employees may vary throughout our organization, but a typical work week is comprised of five, eight-hour days for a total of 40 hours for all employees other than police officers. The Town Manager shall establish individual work schedules of all Town employees, except for members of the Police Department. The Chief of Police, or his designee, shall establish work schedules for members of the Police Department, subject to policy approval by the Town Manager. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. All employees are subject to call in case of emergency or as otherwise deemed necessary by the Town Manager, Police Chief or Mayor. BUSINESS TRAVEL The Town reimburses employees at a per -diem rate for reasonable business travel expenses incurred while on assignments away from the normal work location. All business travel must be approved in advance by the immediate supervisor. Employees whose travel plans have been approved are responsible for making their own travel arrangements. When travel is approved, the actual costs of travel, meals, lodging, and other expenses directly related to accomplishing business travel objectives will be reimbursed up to the established per -diem rate, which is based on Internal Revenue Service deduction allowances for travel and entertainment. The etffFeat IRS mai+ual is available ble i„ the T.....,, Glee-''^ e ffiee. The current IRS schedule for deduction allowances for travel and entertainment can be found at www.irs.gov. Expenses exceeding the per -diem rate will be the employee's own responsibility. Exceptions to the per -diem limit may be considered at the discretion of the Town Manager in cases with extenuating circumstances, such as travel to high-cost localities. 33 Expenses that generally will be reimbursed include the following: ➢ Airfare or train fare for travel in coach or economy class or the lowest available fare. ➢ Car rental fees for compact or mid-sized cars. ➢ Fares for shuttle or airport bus service, where available; costs of public transportation for other ground travel. ➢ Taxi fares, only when there is no less-expensive alternative. ➢ Mileage costs for use of personal cars, only when less-expensive transportation is not available. ➢ Cost of standard accommodations in low- to mid -priced hotels, motels, or similar lodgings or the published base rate for the conference hotel. ➢ Cost of meals for the employee only, excluding alcoholic beverages. ➢ Charges for telephone calls, facsimile machine use, and similar services required for business purposes. Employees who are involved in an accident while traveling on business must promptly report the incident to their immediate supervisor. The Town Manager and/or the Police Chief reserve the right to have the employee submit to a drug or alcohol test. If the employee refuses it can be grounds for disciplinary action up to and including termination. Vehicles owned, leased, or rented by the Town may not be used for personal use without prior approval. When travel is completed, employees should submit completed travel expense reports within the current pay period. Reports should be accompanied by receipts for all individual expenses and/or an accounting of mileage in personal cars. Employees should contact their supervisor for guidance and assistance on procedures related to travel arrangements, expense reports, reimbursement for specific expenses, or any other business travel issues. 34 USE OF PHONE, INTERNET AND MAIL SYSTEMS T e lti f ^ the al � the telephone. Excessive personal use of the ., o f � p telephone is disseuraged prohibited. An employee may be subject to disciplinary action for excessive personal use of the telephone. The use of Town -paid postage for personal correspondence is tiot peiiiiittetpiohihitcd. To ensure effective telephone communications, employees should always speak in a courteous and professional manner. Please confirm information provided by the caller and hang up only after the caller has done so. Emnlovees must use caution while using Internet_or Email services to protect the T'own's computer hardware from malicious attacks. Internet services should not be used for visiting, browsing or posting on personal social media accounts. Employees found to be abusing internet privileges or practicing unsafe internet and Email etiquette may be subject to disciplinary actions including having Internet and Email privileges restricted or revoked and up to termination. 35 RIM) In keeping with the Town's intent to provide a safe and healthful work environment, smoking is prohibited throughout all Town buildings and vehicles. Debris (ashes, butts) from smoking outside of buildings and vehicles should be disposed of properly. There should be no smoking within 20 feet of any opening of any town owned building. This policy applies equally to all employees, customers, and visitors. MEAL PERIODS All full-time employees are provided with one 30 minute meal period each workday. Supervisors will schedule meal periods to accommodate operating requirements. F , .,I ,00� �• *11 be elievoa or all active responsibilities and r-estrietions der-ing meal periods and will not be eampensated for- tha4 time-. OVERTIME When operating requirements or other needs cannot be met during regular working hours, employees may be scheduled to work overtime hours. When possible, advance notification of these mandatory assignments will be provided. All overtime work must receive the supervisor's prior authorization. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work. Overtime compensation is paid to all nonexempt employees in accordance with federal and state wage and hour restrictions. Overtime pay is based on actual hours worked. Time off on sick leave, vacation leave, or any leave of absence will not be considered hours worked for purposes of performing overtime calculations. In lieu of paying the overtime premium, the town may grant compensatory time off at a future time. Compensatory time will be given at the rate of 1 %z hour off for each overtime hour worked, or a combination. M. Employees who have accrued compensatory time will be given an opportunity to take such time off within a reasonable period. The utilization of compensatory time will be handled in much the same manner as vacation time or other time off. Use of the time must be approved by the department head after a timely request has been made. If the department head or Town Manager concludes that the taking of compensatory time off is too disruptive to the operation of the department, the town may at its option "buy out" employees' compensatory time or any portion thereof Any accrued compensatory time unused at retirement or other separation will be paid in accordance with the Fair Labor Standard Act at the time of separation. In addition to the above, police personnel should consult the Police Department General Orders for other policies related to overtime. Compensatory time shall be capped at a maximum of 40 forty hours. USE OF EQUIPMENT Equipment essential in accomplishing job duties is often expensive and may be difficult to replace. When using Town property, including computers, phones, and other audio/visual equipment, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. Employees must notify the appropriate supervisor if any equipment, machines, or tools appear to be damaged, defective, or in need of repair. Prompt reporting of damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. The supervisor can answer any questions about an employee's responsibility for maintenance and care of equipment used on the job. An employee may be held responsible for replacing or repairing any equipment that they damage due to negligence. 37 EMERGENCY CLOSING At times, emergencies such as severe weather, fires, power failures, etc., can disrupt Town operations. In extreme cases, these circumstances may require the closing of Town facilities. When operations are officially closed because of emergency conditions, the time off from scheduled work will be paid. Prior to and during the aftermath of severe weather or other emergency incidents, certain employees, such as law enforcement and maintenance personnel, may be required to work at the discretion of the Town Manager, Chief of Police or Mayor. Employees classified as nonexempt will be paid in accordance with overtime pay policies and/or be paid an additional half-time pay for normal hours worked when other employees are not required to work. If exempt employees must work extraordinarily longer hours because of critical project demands, crisis, and/or other emergencies, they shall be compensated for the extra hours at their base rate of pay. 38 Section 6 - Leaves of Absence UNPAID PERSONAL LEAVE Employees in the following employment classifications are eligible to request unpaid personal leave as described in this policy: ➢ Regular full-time employees The Town provides leaves of absence without pay to eligible employees who are temporarily unable to work because of a serious health condition or disability, or who wish to take time off from work duties to fulfill family obligations relating directly to childbirth, adoption, or placement of a foster child; or to care for a child, spouse, or parent with a serious health condition. Leave allowances will be determined on a case-by- case basis by the Town Manager upon recommendation by the employee's department head. For purposes of this policy, serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; continuing treatment by a health care provider; and temporary disabilities associated with.pregnancy, childbirth, and related medical conditions. Eligible employees may request personal leave only after having completed 365 calendar days of service. Exceptions to the service requirement will be considered to accommodate disabilities. Eligible employees should make requests for personal leave to their supervisors at least 30 days in advance of foreseeable events and as soon as possible for unforeseeable events. A health care provider's statement must be submitted verifying the need for leave related to medical problems and its beginning and expected ending dates. Any changes in this information should be promptly reported to the Town Manager or Town Clerk. Employees returning from medical leave must submit a health care provider's verification of their fitness to return to work. Eligible employees are normally granted leave for the period necessary to accommodate the need, up to a maximum of 12 weeks within any 12 -month period. If the initial period of approved absence proves insufficient, consideration will be given to a request for an extension of up to 90 days. Employees will be required to first use any accrued paid leave time before taking unpaid personal leave. Work-related injuries are handled in accordance with applicable workers' compensation laws covering occupational disabilities (see Workers' Compensation Insurance, page 23 of this handbook). 39 Subject to the terms, conditions, and limitations of the applicable plans, the Town will continue to provide health insurance benefits for the full period of the approved personal leave. Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon return to active employment. So that an employee's return to work can be properly scheduled, an employee on personal leave is requested to provide the Town Manager or Town Clerk with at least two weeks of advance notice of the date the employee intends to return to work. When a personal leave ends, the employee will be reinstated to the same position, if it is available, or to an equivalent position for which the employee is qualified. Leaves of absence are conditional, and an employee granted leave may be required to return to work at any time as work conditions dictate. If an employee fails to report to work promptly at the end of the leave of absence or when otherwise requested to return, the Town will assume that the employee has resigned. * NOTE: The federal Family and Medical Leave Act of 1993 applies to organizations with 50 or more employees. As of the adoption of this policy manual, the Town is not bound by provisions of this law. MILITARY LEAVE Employees in the following employment classifications are eligible to request unpaid personal leave as described in this policy: ➢ Regular full-time employees ➢ lntr-edtietef- Probationary employees ➢ Part-time employees A military leave of absence will be granted to employees, except those occupying temporary positions, to attend scheduled drills or training or if called to active duty with the U.S. armed services. Employees on military leave will be paid at their full current rate for: ➢ up to 17 days of field exercises or other required training with the Florida National Guard; 40 �' the first 30 days of active duty with the Florida National Guard or a reserve component of the U.S. Armed Forces. Subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible, health insurance benefits will be provided by the Town for the full term of the military leave of absence. Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon the employee's return to active employment. Employees on two-week active duty training assignments or inactive duty training drills are required to return to work for the first regularly scheduled shift after the end of training, allowing reasonable travel time. Employees on longer military leave will be reinstated to the same or an equivalent position, provided they were honorably discharged, and they apply to the Town within one year after discharge. Employees on military leave will be treated as though they were continuously employed for purposes of determining benefits based on length of service, such as the rate of vacation accrual and job seniority rights. PREGNANCY -RELATED ABSENCES The Town will not discriminate against any employee who requests an excused absence for medical disabilities associated with a pregnancy. Such leave requests will be made and evaluated in accordance with the medical leave policy provisions outlined in this handbook. Requests for time off associated with pregnancy and/or childbirth (apart from medical disabilities associated with these conditions) will be considered in the same manner as any other request for an unpaid personal leave. 41 OTHER UNPAID LEAVE Regular full-time employees may request unpaid leaves of absence for other reasons, with the decision to grant leave made on a case-by-case basis by the Town Manager upon recommendation by the employee's department head. Any leave of absence not otherwise defined in this manual is conditional and an employee granted leave may be required to return to work at any time as work conditions dictate. If an employee fails to report to work promptly at the end of the approved leave period or when otherwise requested to return, the Town will assume that the employee has resigned. 42 Section 7 - Employee Conduct and Blsiolhw EMPLOYEE CONDUCT AND WORK RULES To ensure orderly operations and provide the best possible work environment, the Town expects employees to follow rules of conduct that will protect the interests and safety of all employees and the organization. It is not possible to list all the forms of behavior that are considered unacceptable in the workplace. The following are examples of infractions of conduct that may result in disciplinary action, up to and including termination of employment: ➢ Theft or inappropriate removal or possession of property ➢ Falsification of timekeeping records, travel expense reports or other work-related records ➢ Working under the influence of alcohol or illegal drugs ➢ Possession, distribution, sale, transfer, use, or being under the influence of alcohol or illegal drugs in the workplace, while on duty, or while operating Town -owned vehicles or equipment ➢ Fighting or threatening violence in the workplace ➢ Insubordination or other disrespectful conduct ➢ Violation of safety or health rules ➢ Sexual or other unlawful or unwelcome harassment ➢ Excessive absenteeism or absence without notice ➢ Violation of personnel policies ➢ Unsatisfactory performance or conduct ➢ Knowingly providing false or incomplete information ➢ Unauthorized possession of weapons in the workplace and workplace violence 43 TOWN PROCUREMENT CARDS, CREDIT CARDS AND HOUSE ACCOUNTS The Town has various credit cards and house accounts that certain positions may be authorized by the Town Manager to use. The use of any credit account of the Town's must be used solely for approved business expenses. Personal use of any Town credit account may result in immediate termination and any personal charges may be deducted from the employee's last paycheck. The following rules govern the use and procedures of any Town credit account. Cardholder Responsibilities: • Ensure that the credit card is used in compliance with this Policy as well as the Town's purchasing_ practices and any other Town policies addressing business_ expenses, travel expenses, reimbursements, etc. • Understand and agree that only authorized employees of the Town of Gulf Stream may use the municipal credit card. • Understand that a municipal credit card may be used for the purchase of goods or services for only official business of the Town of Gulf Stream. No personal use of the credit card is permitted. There are no exceptions to this requirement. Any improper charge will lead to disciplinary action, up to and including termination of employment and will require the immediate payment of the improper charge(s). • All receipts and documentation must be submitted to the Finance Department in a timely manner (within five business days of incurring the charge) to be reconciled against the monthly credit card statement. Failure to provide proper receipts and/or failure to provide the receipts in a timely manner will result in an employee's credit card being revoked and potentially repaying all undocumented purchases. •_ The assigned cardholder is responsible for the protection and custody of the credit card and shall immediately notify the Finance Department in writing as well as orally, if the card is lost or stolen. If the credit card is lost or stolen after business hours and the assigned cardholder cannot notify the Finance Department for that office to report the card lost or stolen, then the assigned cardholder must also notify the credit card company that the card has been lost or stolen and report to the Finance Department that the notification has been made. • The assigned cardholder must notify vendors or merchants that the credit card transaction should be exempt from Florida Sales and Use Taxes if it is used for the purchase ofoog ds or services in the State of Florida. • The assigned cardholder must immediately surrender the card upon termination of employment, or at any other time if requested by the Town. The Town reserves the right to withhold aPA-the payout of accrued leave until the card is surrendered, as allowed by law, and to recover anyproper charges from any accrued leave, as allowed by law. 44 Internal Control Procedures: The Chief Financial Officer or the Town Manager shall be responsible to: • Assist and maintain a record of issuance and retrieval of municipal credit cards and oversee compliance with this policy. • Ensure ani department staff assigned to assist on Town credit card usage and payments is familiar with this Policy and Procedure. • Ensure that card uses are being reconciled against the card statements and that the use of the credit card is for Town business purposes. • Ensure that proper documentation has accompanied the invoices, and that the credit card has been used for a Town business purpose before approving the payment to the credit card company. Collect any monies from an authorized user who made an improper charge to the credit card. • Address with the assigned cardholder and/or the cardholder's supervisor/department head any non-compliance with this Policy and Dr-oged •"eby the assigned cardholder. • Monitor and assess the use of the credit card by the assigned cardholders. • Assess any cardholder's failure to provide the necessary receipts. • Take appropriate action (after consulting with the Town Manager), including revoking the assigned cardholder's -privilege to have a municipal credit card, for failure to comply with this Policy and °r^ aa,, o • Report to the Town Manager any misuse of this Policy and Py-eee ur-e by any authorized cardholder. Public Records It is the responsibility of every Town employee to maintain the Town's records and documents in their possession The Town adopted an extensive policy regarding the processing of public record requests in 2014 Every employee should review the Public Records Policy and familiarize themselves with the Town's policy on public records. 45 REPORTING WRONGDOING Per Article XII, Section 2-422, Palm Beach County Code, the Office of the Inspector General (OIG) was established in 2010 to "Enhance Public Trust in Government". The OIG has completed independent oversight authority at both County and Municipal levels to ensure accountability and transparency to the citizens of Palm Beach County. The Town employees who wish to report mismanagement of contracts, fraud, theft, bribery, or other violations of the law which appear to fall within the jurisdiction of the OIG, shall notify their supervisor, Town Manager or the OIG. The Town Manager shall notify the Inspector General of the possible violations. For more information on compliance, definitions, general questions and full OIG duties, employees can contact the OIG, or visit website, www.pbcgov.org/oig. DRUG AND ALCOHOL USE It is the Town's desire to provide a drug-free, healthful, and safe workplace and to be in compliance with the Federal Drug -Free Workplace Act of 1988 To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner- The Town has adopted a Comprehensive Alcohol and Drug Abuse Policy which is Appendix II to this handbook. Employees and job gpplicants who have received a iob offer from the Town are expected to comply with this policy. Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences. Employees with drug or alcohol problems that have not resulted in, and are not the immediate subject of, disciplinary action may request approval to take unpaid time off to participate in a rehabilitation or treatment program through the Town's health insurance benefit coverage. Leave may be granted if the 46 css�rx�� 00 IN 10 The Town has adopted a Comprehensive Alcohol and Drug Abuse Policy which is Appendix II to this handbook. Employees and job gpplicants who have received a iob offer from the Town are expected to comply with this policy. Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences. Employees with drug or alcohol problems that have not resulted in, and are not the immediate subject of, disciplinary action may request approval to take unpaid time off to participate in a rehabilitation or treatment program through the Town's health insurance benefit coverage. Leave may be granted if the 46 employee agrees to abstain from use of the problem substance; abides by all the Town policies, rules, and prohibitions relating to conduct in the workplace; and if granting the leave will not cause the Town any undue hardship. Employees with questions on this pelieythe Comprehensive Alcohol and Drug Abuse Policy or issues related to drug or alcohol use in the workplace should raise their concerns with their supervisor or the Town Manager without fear of reprisal. SEXUAL AND OTHER UNLAWFUL HARASSMENT The Town is committed to providing a work environment that is free of discrimination and unlawful harassment. Actions, words, jokes, or comments based on an individual's sex, race, ethnicity, age, religion, disability, or any other legally protected characteristic will not be tolerated. As an example, sexual harassment (both overt and subtle) is a form of employee misconduct that is demeaning to another person, undenied the integrity of the employment relationship, and is strictly prohibited. Any employee who wishes to report an incident of sexual or other unlawful harassment should. promptly report the matter to his or her supervisor. If the supervisor is unavailable or the employee believes it would be inappropriate to contact that person, the employee should immediately contact their department head or the Town Manager. Employees can raise concerns and make reports without fear of reprisal. Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment should promptly advise their department head and the Town Manager, who will handle the matter in a timely and confidential manner. ATTENDANCE AND PUNCTUALITY To maintain a safe and productive work environment, the Town expects employees to be reliable and punctual in reporting for scheduled work. Absenteeism and tardiness are disruptive and place a burden on other employees and on the Town. In the rare instances when employees cannot avoid being late to work or are unable to work as sched used, they should notify their supervisor as soon as possible in advance of the anticipated tardiness or absence. Excessive tardiness or absence is grounds for dismissal. 47 PERSONAL APPEARANCE Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the image the Town presents to residents and visitors. During business hours, employees are expected to present a professional, clean and neat appearance and to dress according to the requirements of their positions. Failure to adhere to the Personal Appearance Policy may result in the employee being sent home, without pay, to change clothes. The Town Manager or Supervisor may determine if the employee's appearance and apparel is inappropriate. Employees may be subject to disciplinary actions, up to and including termination, for refusing to cooperate with this policy. Consult your supervisor or department head if you have questions as to what constitutes appropriate attire. RETURN OF PROPERTY Employees are responsible for all property, materials, or written information issued to them or in their possession or control. All Town property must be returned by employees on or before their last day of work. RESIGNATION Resignation is a voluntary act initiated by the employee to terminate employment with the Town. Although advance notice is not required, the Town requests at least two weeks of advance written notice from all employees. 48 Section 8 — Disciplinary Procedures DISCIPLINARY PROCEDURES The Town of Gulf Stream has established a uniform system for counseling, administering discipline, and providing remedial training, to o employees. The intent of the Town is that discipline should be characterized as corrective and constructive instead of punitive. Included are the rights of the accused employee. Employees of the Town are to conform to and comply with Town directives and be truthful in their dealings with the public and fellow staff members. The Police Department has adopted their own disciplinary procedures that are in addition to the following procedures Depending on the severity of the action, any steps may be passed >xP to termination. ➢ Counseling or Instructional Memorandum - Verbal counseling, counseling memorandum or instructional memorandums are documented by supervisors in the member's personnel file. ➢ Remedial Training - Remedial training is required to correct a specific deficiency usually identified b testing esting or any other evaluation method used duringtraining or supervisory evaluation during routine job performance The recommendation for remedial training is appropriate when a violation was caused primarily by the employee being inadequately prepared for his or her responsibilities. The specific nature and procedure for remedial training will be determined by supervisors and/or the Town Manager and documented by training form. The in-service training form will be maintained in the employee's personnel file. Written Reprimand -A punitive measure which is recommended by the supervisor or/Town Manager for more serious infractions of rules regulations, directives or standard operating procedures, or for repeated procedural error. The Town Manager and/or Police Chief reserves the right to review the circumstances surrounding a written reprimand and may agree with, impose stricter punishment or void the reprimand The written reprimand is documented by memorandum. Disciplinary Probation- A punitive action where an employee is given a specific time limit to correct or be re-trained in an area of deficiency. The employee will be continually evaluated and monitored for progress Disciplinary probation may be administered with other levels of discipline. ➢ Suspension Without Pay- A punitive action which may be recommended by _Lsupervisor or Town Manager for serious infractions of rules regulations, directives or standard operating procedures, or for repeated procedural errors_ 49 �' Discharge - A punitive action which may be recommended by the Town Manger or the Chief of Police in accordance within provisions in town policy. A specific reason for discharge is not required for probationary members who may be discharged without cause. EMPLOYEE ACKNOWLEDGEMENT FORM The Town of Gulf Stream Personnel Policy Handbook, Revised October 11, 2019 (the handbook), describes important information about the Town, and I understand that I should consult the Town Manager, Police Chief, or Human Resources Director regarding any questions not answered in the handbook. I have entered into my relationship with the Town voluntarily and acknowledge that there is no specified length of employment. Accordingly, either I or the Town can terminate the relationship at will, with or without cause, at any time, so long as there is no violation of applicable federal or state law. Since the information, policies, and benefits described here are necessarily subject to change, I acknowledge that revisions to the handbook may occur, except to the Town's policy of employment - at -will. All such changes will be communicated through official notices, and I understand that revised information may supersede, modify, or eliminate existing policies. Only the Town Commission or the Town Manager has the ability to adopt policies that amend this handbook. Furthermore, I acknowledge that this handbook is neither a contract of employment nor a legal document. I have received the handbook, and I understand that it is my responsibility to read and comply with the policies contained in the handbook and any revision made to it. EMPLOYEE'S SIGNATURE DATE EMPLOYEE'S NAME (TYPED OR PRINTED) 50 Appendix I GRIEVANCE PROCEDURE Section 1. Purpose The grievance procedures outlined here establish policies and procedures in employment and personnel management and provide for an adequate and fair hearing of grievances pertaining to each individual's race, color, religion, sex, national origin, political affiliation, non- disqualifying disability or age, where the grievance is based upon denial of equal employment opportunity or discrimination. These procedures also relate to all other phases of employment for all employees of the Town of Gulf Stream. Section 2. Applicability/Coverage These grievance procedures apply to all departments and all persons employed by the Town. This policy does not guarantee any outcome other than a fair hearing of the grievance and does not imply an employment contract or an obligation for any action on the part of the Town. Section 3. Policy Every employee shall have the right to present his or her problem or grievance in accordance with these procedures, with or without a representative of their own choosing, free from interference, coercion, restraint, discrimination, penalty, or reprisal. This includes any cause for dissatisfaction outside the employee's control or anything connected with his or her job that he or she thinks or feels is wrong. Every employee will be allowed such time off from his or her regular duties as may be necessary and reasonable as determined by the supervisor, department head and/or Town Manager, for processing a grievance under these procedures without loss of pay, vacation, or of other time credits. Section 4. Objectives The objectives of these procedures include the following: a) To assure employees of a means to get their complaints considered rapidly, fairly, and without fear of reprisal. b) To encourage employees to express themselves about how their conditions of work affect them as employees. c) To provide better understanding of policies, practices, and procedures that affect employees. 51 d) To provide supervisory personnel with greater opportunity to exercise proper responsibility in dealing with employees, and to improve their effectiveness in carrying out established policies. e) To improve employee opportunities for performing duties with effectiveness and satisfaction. Section 5. Administration The appropriate supervisor will coordinate all activities relating to grievance procedures. The appropriate supervisor shall: a) Coordinate a system for (1) counseling an aggrieved employee who believes he or she has been discriminated against, and (2) attempting to informally resolve any matter raised by the aggrieved employee. b) Arrange for the receipt and investigation of individual complaints of discrimination, or any other matter raised by the aggrieved employee. c) Arrange for the receipt and investigation by organizations or other third parties of general allegations of discrimination as are necessary on individual complaints, including any warranted disciplinary action when an employee has been found to have engaged in a discriminatory practice. d) Review the file on any individual complaint before a decision is made under the complaint procedure and makes any recommendation to the Town Manager that he considers desirable, including any disciplinary action that is warranted by the circumstances. Section 6. Protection of Complainants, Employees, Witnesses, and Representatives from Interference, Harassment, Intimidation, and Reprisal All employees shall be free from any or all restraint, interference, coercion, or reprisal on the part of their associates or supervisors in making any complaint or appeal, in serving as representative of an appellant, in appearing as witnesses, or in seeking information in accordance with these procedures. The above principles apply with equal force after a complaint has been resolved. Should these principles be violated, the facts shall be brought to the attention of the Town Manager by the 52 appellant, his or her representative or the person affected so that the appropriate remedial action may be taken. Section 7. Procedure for Resolution of Complaints (Non -Adverse Action) The Town Manager is designated to act in an effort to mediate or conciliate complaints. However, initially, employees should attempt to resolve complaints at the lowest possible supervisory level. Complaints will be heard by the immediate supervisor as rapidly as possible. If the grievance is not resolved at the lowest level, the aggrieved may proceed to the department head. The department head shall hear the complaint within no more than thirty (30) calendar days after its receipt. When a complaint has been received by a department head, a memorandum shall be prepared by the department head to the Town Manager. The memorandum should advise him or her of the complaint, outline the circumstances of the complaint, discuss attempts to resolve the complaint, cite the recommendation of the immediate supervisor, and state the department head's conclusion or recommendation for further action. Finally, an employee may take a grievance to the Town Manager if he or she believes it has not been appropriately resolved by the department head. In any case where the employee feels that he or she cannot present the complaint or would not receive proper consideration for the complaint by the immediate supervisor or department head, he or she may, without prejudice, submit the complaint directly to the Town Manager. All complaints should be settled at the lowest possible supervisory level, and complaints submitted to the Town Manager should be fully justifiable. The Town Manager will have the right to refer complaints to a lower level when he or she feels it would be in the best interest of the employee and/or the Town. 53 APPENDIX II TOWN OF GULF STREAM COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY The primary objective of this policy is to provide a safe and healthy work environment for all employees, and to provide the highest level of service and safety to the public. This policy is established to provide guidelines on handling incidents of alcohol and/or drug abuse as it relates to the workplace, in compliance with the drug-free workplace requirements under the Florida Statutes Workers' Compensation Chapter, herein after referred to as Chapter 440 (§440.101-02, Florida Statutes). The legislative intent of Chapter 440 is to promote drug-free workplaces so employers can be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from drug abuse by employees. Further, drug abuse is discouraged under the statute, and employees who choose to engage in drug abuse face the risk of unemployment and the forfeiture of workers' compensation benefits. To qualify as having established a drug-free workplace program under Chapter 440 and to qualify for discounts provided under §627.0915, Florida Statutes, and deny medical and indemnity benefits under this chapter, the Town must implement drug testing that conforms to the standards and procedures established in Chapter 440. The Town has implemented a drug-free workplace program in accordance with the notice, education, and procedural requirements taken directly from the comprehensive procedures outlined in Chapter 440. Chapter 59A-24 of the Florida Administrative Code, the Drug -Free Workplace Standards, as adopted by the Agency for Health Care Administration, is also hereby incorporated by reference and shall be utilized for all drug testing pursuant to Chapter 440. RESPONSIBILITY: The Town Manager or designee is responsible for the administration of this procedure. PROCEDURE: Upon initial employment, all employees receive a copy of the Town's Comprehensive Alcohol and Drug Abuse Policy which sets forth employees' and the Town's rights, responsibilities, and procedures and sign an acknowledgement of receipt. Employees are responsible for becoming familiar with and understanding the policy. Questions regarding the content of the policy should be directed to the employee's supervisor, or the Town Manager. I. Definitions: Confirmation test, confirmed test, or confirmed drug test refer to a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. b. Drug means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor; an amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a barbituarate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of any of the substances listed in this paragraph. The Town may test an individual for any or all of such drugs. C. Drug Rehabilitation Program means a service provider, established pursuant to Florida Statutes, that provides confidential, timely, and expert identification, assessment, and resolution of employee drug abuse. Drug test or test refer to any chemical, biological, or physical instrumental analysis administered, by a laboratory certified by the United States Department of Health and Human Services or licensed by the Agency for Health Care Administration, for the purpose of determining the presence or absence of a drug or its metabolites. Initial Drug Test means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the United States Food and Drug Administration or the Agency for Health Care Administration as such more accurate technology becomes available in a cost- effective form. f. Job Applicant means a person who has applied for a special -risk or mandatory -testing position. g. Medical Review Officer or MRO means a licensed physician, employed with or contracted with the Town, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; who verifies positive, confirmed test results; and who has the necessary medical training to interpret and evaluate an employee's positive test result in relation to the employee's medical history or any other relevant biomedical information. h. Prescription or non-prescription medication refers to drugs or medication obtained pursuant to a prescription as defined by §893.02, Florida Statutes, or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. Reasonable -suspicion drug testing means drug testing based on a belief that an employee is using or has used drugs in violation of the Town's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: 1. Observable phenomena while at work, such as direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug. 2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. 3. A report of drug use, provided by a reliable and credible source. 4. Evidence that an individual has tampered with a drug test during his or her employment with the Town. 5. Information that an employee has caused, contributed to, or been involved in an accident while at work. 6. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the Town's premises or while operating the Town's vehicle, machinery, or equipment. j. Mandatory -testing position means a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life- threatening procedures, work with heavy machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to §110.1127, Florida Statutes, or a job assignment in which a momentary lapse in attention could result in injury or death to another person. k. Special -risk position means a position that is required to be filled by a person who is certified under Chapter 633 (Fire Prevention and Control) or Chapter 943 (Department of Law Enforcement), Florida Statutes. 1. Specimen means tissue, hair, or a product of the human body capable of revealing the presence of drugs or their metabolites, as approved by the United States Food and Drug Administration or the Agency for Health Care Administration. II. Notice: a. Prior to testing, an employee or job applicant shall receive proper notice in the form of this Comprehensive Alcohol and Drug Abuse Policy. Additionally, Chapter 59A-24 of the Florida Administrative Code shall be provided upon request. b. The drugs to be tested for are included in the definition provided above. The following is a list of over-the-counter and prescription drugs which could alter or affect a test result. This list is not intended to be all-inclusive. 1. Alcohol: all liquid medications containing ethyl alcohol (ethanol). For example: Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 proof). Check the label of liquid medications for alcohol content. 2. Amphetamines: Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Ionamine, Fastin 3. Cannabinoids: Marinol 4. Cocaine: Cocaine HCI topical solution (Roxanne) 5. Phencyclidine :Not legal by prescription 6. Methaqualone: Not legal by presciription 7. Opiates: Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, NOvahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M -S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, Tussi-organidin, etc. 8. Barbiturats: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butalbital, Phrenilin, Triad, etc. 9. Benzodiazepines: Ativan, Azene, Clonpin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax. 10. Methadone: Dolphine, Metadose 11. Propoxyphene: Darvocet, Darvon N, Dolene, etc. c. The name, address and telephone number of the Town's Employee Assistance Program (EAP) through which substance abuse assessment and counseling services are available is listed on the Acknowledgement Receipt and on the Town's Intranet. d. All employees may make an appeal of disciplinary action or other management decision as described in the Employee Handbook following the Grievance Procedure. III. Required Testing and Refusal to Test: The Town may require an employee or job applicant to submit to tests for the presence of drugs after proper notice, under any of the following circumstances: a. Application for Employment. As part of the initial screening process for job applicants applying for special -risk or mandatory -testing positions, as defined above. Any job applicant who refuses to submit to drug testing, refuses to sign a consent form, fails to appear for testing, tampers with the test, or fails to pass the pre-employment selection drug test will be ineligible for hire. In the event that an employee is permitted to begin working prior to receipt of the results of drug or alcohol testing, such employment shall be contingent upon passing the drug or alcohol test. b. Job Classification Change. Whenever an employee's job classification is changed such that the new job classification is a special -risk or mandatory -testing position, as defined above. c. Reasonable -Suspicion Drug Testing. Whenever Reasonable -Suspicion Drug Testing, as defined above, is warranted. Failure of an employee to take the recommended test(s) may be cause for disciplinary action or termination. In cases where immediate termination is not warranted, the employee will be placed on leave status and shall be required to use any accumulated leave before being placed on leave without pay until it is determined that the employee is able to return to full duty. d. Routine Fitness for Duty. As part of routine fitness for duty drug testing for employees in special -risk or mandatory -testing positions. e. After Accident Testing. Whenever an employee is involved in an on-the-job auto accident or for all on-the-job injuries/illness resulting in the filing of a Notice of Injury under Workers' Compensation. f Random Testing. Through the use of an unbiased selection procedure, random drug tests will be conducted on employees occupying mandatory -testing or special -risk positions which are required to submit to random testing by law, the Employee Manual, or procedure. g. Follow-up Test. For follow-up drug testing, if the employee in the course of employment enters an employee assistance program for drug-related problems, or a drug rehabilitation program, the employee is required to submit to a drug test as follow-up to such program, unless the employee voluntarily entered the program. In those cases, the Town has the option to not require follow-up testing. If follow-up testing is required, it must be conducted at least once a year for a two year period after completion of the program. Advance notice of a follow-up testing date must not be given to the employee to be tested. h. Refusal to Test. Refusal to submit to testing under this policy will result in forfeiture of eligibility for all medical and indemnity benefits under the Workers' Compensation Act. Employees will be subject to discipline, up to and including discharge for refusing to submit to testing. A refusal to test may include: (1) failure or refusal to appear, to submit for any test, or to submit a test sample, (2) failure to remain at the testing site until the testing process is complete, (3) failure to provide an adequate amount of breath for a breath alcohol test, or (4) failure to provide a sufficient specimen and a determination, through a required medical examination, that there was no adequate medical explanation for such failure. IV. Coordination of Testing Procedures The following procedure will be used for testing in accordance with this Policy and Chapter 440: a. A sample shall be collected with due regard to the privacy of the individual providing the sample, and in a manner reasonably calculated to prevent substitution or contamination of the sample. b. Specimen collection must be documented and the documentation procedures shall include: (1) labeling specimen containers so as to reasonably preclude the likelihood of erroneous identification of test results; and (2) a form for the employee or job applicant to provide any information he or she considers relevant to the test, including identification of currently or recently used prescription or non-prescription medication or other relevant medical information. The form must provide notice of the most common medications by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test. The providing of information shall not preclude the administration of the drug test but shall be taken into account in interpreting any positive confirmed test result. C. Specimen collection, storage, and transportation to testing site shall be performed in a manner that reasonably precludes contamination or adulteration of specimens. d. A specimen may be taken or collected by: a physician, a physician assistant, a registered professional nurse, a licensed practical nurse, or a nurse practitioner, or a certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment; or a qualified person employed by a licensed or certified laboratory as outlined in Chapter 440. e. The person who collects or takes a specimen shall collect an amount sufficient for two drug tests as determined by the Agency for Health Care Administration. f. Each confirmation test conducted shall be conducted by a licensed or certified laboratory pursuant to Chapter 440. g. Every specimen that produces a positive confirmed test result shall be preserved by the licensed or certified laboratory that conducted the confirmation test for a period of at least 210 days after the result of the test was mailed or otherwise delivered to the MRO. However, if an employee or job applicant undertakes an administrative or legal challenge to the test result pursuant to Chapter 440 (§440.101-02, Florida Statutes), the employee or job applicant shall notify the laboratory and the sample shall be retained by the laboratory until the case or administrative appeal is settled. h. Within 5 working days after receipt of a positive confirmed test result from the MRO, the Town shall inform an employee or job applicant in writing of such positive test result, the consequences of such results, and the options available to the employee or job applicant. The Town shall provide the employee or j ob applicant a copy of the test results upon request. i. During the 180 day period after written notification of a positive test result, the employee or job applicant who has provided the specimen shall be permitted by the Town to have a portion of the specimen retested, at the employee's or job applicant's expense, at another laboratory, licensed and approved by the Agency for Health Care Administration, chosen by the employee or job applicant. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory that performed the test for the Town is responsible for the transfer of the portion of the specimen to be retested and for the integrity of the chain of custody during such transfer. j. Within 5 working days after receiving notice of a positive confirmed test result, an employee or job applicant may contest or explain the result to the MRO. The challenge must be in writing, signed and dated by the test donor. If an employee's or job applicant's explanation or challenge is unsatisfactory to the MRO, the MRO shall report a positive test result back to the Town. An employee may contest the drug test result pursuant to law or to rules adopted by the Agency for Health Care Administration. k. Within 5 working days after receiving notice of a positive confirmed test result, an employee or job applicant may submit information to the Town explaining why the result does not constitute a violation of the Town's policy. 1. If the employee's or job applicant's explanation or challenge of the positive test result is unsatisfactory to the Town, a written explanation as to why the employee's or job applicant's explanation is unsatisfactory, along with the report of positive result, shall be provided by the Town to the employee or j ob applicant; and all such documentation shall be kept confidential by the Town pursuant to Chapter 440 and shall be retained by the Town for at least 1 year. in. The Town may not discharge, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a MRO. n. The Town shall use chain -of -custody procedures established by the Agency for Health Care Administration to ensure proper recordkeeping, handling, labeling, and identification of all specimens tested. o. The Town shall pay the cost of all drug tests, initial and confirmation, which the Town requires of employees. An employee or job applicant shall pay the costs of any additional drug tests not required by the Town. p. All specimens identified as presumptively positive on the initial test shall be confirmed using mass spectrometry/mass spectrometry (MS/MS) or gas chromatography/mass spectrometry (GC/MS), except that alcohol will be confirmed using gas chromatography. All confirmations shall be done by quantitative analysis. q. Testing Procedures Utilizing Breath: 1. Testing procedure requirements for breath samples are set forth under Code of Federal Regulations, Title 49. 2. A National Highway Traffic Safety Administration (NHTSA) approved evidential breath testing (EBT) device must be operated by a trained breath alcohol technician (BAT). The concentration of alcohol is expressed in terms of grams of alcohol per 210 liters of breath. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test. Testing Procedures Utilizing Urine: 3. Testing procedure requirements for urine samples are outlined in Chapter 59A-24 of the Florida Administrative Code. s. Testing Procedures Utilizing Hair: 4. Testing procedure requirements for hair samples are outlined in§ 112.0455 (13) (b), Florida Statute. 5. Additional hair samples may be collected to assure that sufficient quantities of hair are available to confirm an initial positive report. For hair testing negative, the Town may request a recollection only once for the purposes of retesting, and must make the request no more than seven working days from the time of the original negative test. A second test must be offered to anyone disputing a positive hair test result. V. Confirmation Testing a. If an initial drug test is negative, the Town may in its sole discretion seek a confirmation test. b. Only licensed or certified laboratories may conduct confirmation drug tests. c. All positive initial tests shall be confirmed using gas chromatography/mass spectrometry (GC/MS) or an equivalent or more accurate scientifically accepted method approved by the Agency for Health Care Administration or the United States Food and Drug Administration as such technology becomes available in a cost- effective form. d. If an initial drug test of an employee or job applicant is confirnied as positive, the Town's MRO shall provide technical assistance to the Town and to the employee or job applicant for the purpose of interpreting the test result to determine whether the result could have been caused by prescription or nonprescription medication taken by the employee or job applicant. e. In the event that the MRO has deemed the collected specimen to be invalid, the MRO may request that an additional specimen be collected under direct observation. If an additional specimen is required, the MRO will provide the employee with further instruction. The collector may also require a direct observation specimen be conducted under the guidelines set forth under Code of Federal Regulations, Title 49, if suspicious circumstances warrant such an action. VI. Employee Protection a. The Town shall not discharge, discipline, or discriminate against an employee solely upon the employee's voluntarily seeking treatment, while under the employ of the Town, for a drug-related problem if the employee has not previously tested positive for drug use, entered an employee assistance program for drug-related problems, or entered a drug rehabilitation program. However, special risk employees may be subject to discharge or disciplinary action when the presence of illicit drugs, pursuant to 893.13, Florida Statues, is confirmed. Unless otherwise provided by a collective bargaining agreement, the Town may select the employee assistance program or drug rehabilitation program if the Town pays the cost of the employee's participation in the program. b. If drug testing is conducted based on reasonable suspicion, the Town shall promptly detail in writing the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the Town pursuant to §440.102 (8), Florida Statute, and shall be retained by the Town for at least I year. c. All authorized remedial treatment, care, and attendance provided by a health care provider to an injured employee before medical and indemnity benefits are denied under this section must be paid for by the carrier or self -insurer. However, the carrier or self -insurer must have given reasonable notice to all affected health care providers that payment for treatment, care, and attendance provided to the employee after a future date certain will be denied. A health care provider, as defined in §440.13(1)(g), Florida Statute that refuses, without good cause, to continue treatment, care, and attendance before the provider receives notice of benefit denial commits a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083, Florida Statues. VII. Town Protection a. An employee or job applicant whose drug test result is confirmed as positive in accordance with this section shall not, by virtue of the result alone, be deemed to have a "handicap" or "disability" as defined under federal, state, or local handicap and disability discrimination laws. b. No physician -patient relationship is created between an employee or job applicant and the Town or any person performing or evaluating a drug test, solely by the establishment, implementation, or administration of a drug -testing program. c. If an employee or job applicant refuses to submit to a drug test, the Town is not barred from discharging or disciplining the employee or from refusing to hire the job applicant. VIII. Confidentiality pursuant to &440.102 (8), Florida Statutes a. Except as otherwise provided in this subsection, all information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received or produced as a result of a drug -testing program are confidential and exempt from the provisions of § 119.07(1), Florida Statutes and §24(a), Art. I of the State Constitution, and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with this section or in determining compensability under this chapter. b. The Town laboratories, medical review officers, employee assistance programs, drug rehabilitation programs, and their agents may not release any information concerning drug test results obtained pursuant to this section without a written consent form signed voluntarily by the person tested, unless such release is compelled by an administrative law judge, a hearing officer, or a court of competent jurisdiction pursuant to an appeal taken under this section or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain, at a minimum: 1. The name of the person who is authorized to obtain the information. 2. The purpose of the disclosure. 3. The precise information to be disclosed. 4. The duration of the consent. 5. The signature of the person authorizing release of the information. c. Information on drug test results shall not be used in any criminal proceeding against the employee or job applicant. Information released contrary to this section is inadmissible as evidence in any such criminal proceeding. d. This subsection does not prohibit the Town, an agent of the Town, or laboratory conducting a drug test from having access to employee drug test information or using such information when consulting with legal counsel in connection with actions brought under or related to this section or when the information is relevant to its defense in a civil or administrative matter. e. In accordance with Attorney General Opinion 2013-19, drug test results obtained by the Town pursuant to this drug -testing program are not subject to inspection or copying pursuant to a request under Chapter 119, Florida Statutes, Florida's Public Records Law. D(. Dru Tag Standards for Laboratories The Town will follow the Drug -Testing Standards for Laboratories as outlined in Chapter 440. Also see the drug -testing standards included in Chapter 59A-24 of the Florida Administrative Code, which will be provided upon request. X. Investijzation of Cause for Reasonable Suspicion Testing a. When the Town Manager or designee is notified or suspects an employee may be in violation of the Town's Comprehensive Alcohol and Drug Abuse Policy the Town Manager must observe the behavior of the individual and immediately document the events. The Town Clerk, Police Chief, or designee may be contacted to be a witness. Both the Town Manager and other witness should be involved in all steps of the process and both are expected to fully document the events immediately and maintain confidentiality at all times. b. Both the Town Manager and the witness must observe the behavior of the individual and complete separate documentation. c. After completing the required documentation, if the Town Manager and witness believe the individual may be in violation of the policy, the supervisor and witness must remove the employee from their current assignment. d. The Town Manager and witness shall provide the written directive regarding testing to the employee, and immediate placement on paid administrative leave pending the results of the test, in an area where a conversation with the individual can be held in private. e. Once the directive is acknowledged by the employee, the Town Manager and witness shall proceed with testing in the same manner as they would for any post -accident drug/alcohol screening procedure. Call the site in advance and provide them all necessary information citing test is for reasonable suspicion of illegal drugs and/or alcohol. f. In the case of refusal by the employee, have the employee acknowledge the consequence of their refusal in writing. Refusal to submit to testing and/or failure to comply with the directive may result in disciplinary action up to and including termination. g. The Town Manager or witness shall drive the person to the testing facility. The Town Manager or witness shall call a friend/family member or arrange for a cab service to bring the employee home from the testing site. Do not let the employee drive themselves home if there is reasonable suspicion they are in violation of the policy. h. If the test is negative, there shall be no loss of pay or benefits. Where appropriate a doctor's signed release may be required by the Town before the employee is returned to work. Time lost due to actual illness will be charged to sick leave. If the behavior that led to the initial investigation is not due to prohibited drugs and/or alcohol, but continues to hinder job performance, the Town may require the employee to undergo further medical evaluation. i. If the test is positive, discipline may be recommended by the department director, up to and including termination. In cases where immediate termination is not warranted, the employee will be placed on leave status and/or required to undergo designated rehabilitation as detailed in section XII, Disciplinary Action. j. Employees will be subject to discipline, up to and including termination, for refusing to cooperate with testing, searches, or investigations. XI. After Accident Testiniz Whenever an employee is involved in an auto accident, as defined by Florida Statues, on-the-job, or for all on-the-job injuries/illness resulting in the filing of a Notice of Injury under Workers' Compensation, the Town Manager shall provide the written directive regarding testing to the employee. Refusal to timely submit to a post -accident drug screen may result in denial of benefits under Workers' Compensation. XII. Disciplinary Action: a. If an employee in a mandatory -testing position enters an employee assistance program or drug rehabilitation program, the Town may assign the employee to a position other than a mandatory -testing position or, if such position is not available, place the employee on leave while the employee is participating in the program. However, the employee shall be permitted to use any accumulated annual leave credits before leave may be ordered without pay. b. An employee in a special -risk position may be discharged or disciplined by the Town for the first positive confirmed test result if the drug confirmed is an illicit drug under §893.03, Florida Statue. A special -risk employee who is participating in an employee assistance program or drug rehabilitation program may not be allowed to continue to work in any special -risk or mandatory -testing position of the Town, but may be assigned to a position other than a mandatory -testing position or placed on leave while the employee is participating in the program. However, the employee shall be permitted to use any accumulated annual leave credits before leave without pay. C. Employees who are not immediately terminated for testing positive or some other violation of this policy may be placed on probation and required to undergo designated rehabilitation or other activities designated by the Town's Employee Assistance Program (EAP) in conjunction with management; to undergo periodic unannounced screening for a set period, and be subject to termination for any future violation of the policy. The employee shall be permitted to use any accumulated leave before leave may be ordered without pay. d. Employees who test positive, admit to drug or alcohol use or related misconduct, or voluntarily seek assistance, and are not terminated, will not be returned to work or continue working until they have been evaluated by the Town's EAP in conjunction with management to determine if they can safely return to work. XIII. Denial of Benefits The Town shall deny an employee medical or indemnity benefits under Chapter 440, Workers' Compensation, for a violation of the Drug -Free workplace program implemented by the Town. XIV. Voluntary Admission: An employee who voluntarily informs the Town Manager or his/her supervisor of a drug or alcohol problem, may, at the Town's discretion, be granted an unpaid leave of absence, or may be allowed to use any other accrued leave for the purpose of receiving rehabilitation and treatment. Such employee must cooperate fully with the treatment process and will not be permitted to return to work until appropriate transitional planning has been approved by the Director of Human Resources and the employee's Department Director. TOWN OF GULF STREAM ALCOHOL AND DRUG ABUSE POLICY Consent Agreement I understand that, if employed by the Town of Gulf Stream, I must abide by the terms of the Town's Comprehensive Alcohol & Drug Abuse Policy, and acknowledge that I have received same and that I may be required to submit to testing for the presence of illegal drugs and/or alcohol. I understand that submission to such testing is a condition of employment with the Town of Gulf Stream, and disciplinary action, up to and including dismissal may result if I fail to meet the terms of said policy. Drug screening will be conducted by the Town of Gulf Stream's designee. I further consent to the release of the results to the Town of Gulf Stream. I understand that the results of the drug testing, if confirmed positive, will remove me from consideration of employment as outlined in the Town's Comprehensive Alcohol & Drug Abuse Policy (Administrative Policy 1- 17-3). I also understand that if I refuse to consent, I will be removed from further consideration and/or eligibility for employment. The name, address and telephone number of the Town's Employee Assistance Program (EAP) through which substance abuse assessment and counseling services are available within the Town's existing employee benefit program is: The Center for Family Services 24/7 Support, Resources & Information Call: (561) 616-1222 or Online: https://www.ctrfam.org (Client Code: EAPTOWNGUL) To comply with FSS 440.102(3)(a)(7), the Town is also providing you with a representative sampling of names, addresses and telephone numbers of EAP and local drug rehabilitation programs. There is no agreement in place to provide EAP services to Town employees with these providers. Gulf Stream Institute 314 10th Street West Palm Beach, FL 33401 Phone: (561) 833-7553 Signature Print Name Witness Family Health Counseling 2677 Forest Hill Blvd. West Palm Beach, FL 34461 Phone: (561) 433-0123 Date Print Name