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Minutes 08-13-92 MINUTES OF CITY COMMISSION WORKSHOP MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, AUGUST 13, 1992 AT 6:30 P.M. PRESENT Arline Weiner, Mayor J. Scott Miller, City Manager Lynne Matson, Vice Mayor James Cherof, City Attorney JoselAguila, Commissioner Sue Kruse, City Clerk Edward Harmening, Commissioner Robert Walshak, Commissioner CALL!TO ORDER Mayor Weiner called the workshop meeting to order at 6:30 p.m. City Manager Milt~r reported that he was instructed to arrange this workshop meeting as a means of learning more about the State laws regarding Worker s Compensation and how ~hey relate to the City of Boynton Beach. Ms. Cox, Risk Manager and Ms. Yoder, Risk Management Specialist, were present in the audience. WORK1 A ha~ the( Boyn what invo barg~ MS. decr, is a Self. acco . to b) ci~, The ERS' COMPENSATION ldout containing information and recommendations was provided for review by :ommission. City Manager Miller pointed out that this handout shows how :on Beach has responded to the Workers' Compensation law. He explained that Boynton Beach has been doing with regard to Workers' Compensation is now Ived in the Civil Service Rules and Regulations and included in all of the lining contracts. Any changes would have to be bargained. Mayo' Weiner stated the reason this issue has come to the forefront is because duri)lg the budget workshops, it became evident that Workers' Compensation has incr,~ased 100% since last year. ~ox stated that in actual dollars spent, the entire program has actually )ased over the last three years; however, the figure in this year's budget catch up for the Self-Insurance Fund. When the City decided to go with -Insurance, the City did not fund the Fund the way it should have been done 'ding to actuarial studies. Instead of taking $1.3 million and continuing ~dget that amount, the City only budgeted $500,000. increase ShOWn this'Year has'nothing to dO with injuries or the cost of Work~rs' Compensation. Those areas have decreased. If the Fund had been pro- perl~ funded in the past, the costs for Workers' Compensation would have shown decreases this year. The City's overall record for injuries has been steadil. decreasing. Ms. Cox pointed out that for budget year 89-90, expenses were $614~777, budget year 90-91 was $600,258 and budget year 91-92 to date has been $388;000. Commissioner Harmening asked how much of the $600,000 listed for 90-91 is ongoing and will be repetitive for an indeterminate number of years. Ms. Cox stated there are approximately five cases which are continuing and their value, at this time, would be approximately $700,000 to maturity; but the City has the option of settling them before maturity. She further pointed out that there are two ¢utstanding claims which could be very large. In response to Co~issioner - 1- *For that reason, the City must now play catch up to cc~ply with accounting standards. NINUTE$ - SPECIAL CITY CON#ISSION WORKSHOP HEETING BoyNTON BEACH, FLORIDA AUGUST 13, 1992 Harmening's question, Ms. Cox confirmed that the figure for 90-91 does include the Proportionate share of these claims. Mr. Miller stated $850,000 is proposed for the 92-93 budget. $415,000 of that figure this year and an additional $415,000 next year will bring the City into compliance with the accounting standards. Ms. Cox further pointed out that if we were not self-insured, the City would be paying $1.4 million for the insurance premium. A list was provided of some of the things the City does over and above the requilred law. The law does not begin disability payments until after the first seven (7) days of injury. The City of Boynton Beach pays the employee for those seven days regardless of the length of his injury. No sick leave or vacation is required to be used by any employee. Wheniithe employee goes out on Compensation, they are given their full salary untiit they return to work or the case is settled. Further, under law, Workers' Compensation is obliged to pay 66 2/3% of the employee's salary. That figure is base~ on average pay over a thirteen week period prior to the injury. If an houri!y employee had worked overtime during the period before the injury, that employee would actually be paid a higher rate than the usual salary. Nothing can be done to change that situation. Further, the City supplements that payment of 66 2/3% to bring the employee to full salary. Ms. Cox suggested that the ~ity discontinue paying the supplement for cost savings. The ~mployee's time is paid for by the City when he visits the doctor as well as phys!!cal therapy appointments. This is not a requirement under the law. The onlyilrequirement by law is that the doctor's services be paid for by the City. Ms. lox stated that a below-fee schedule of prices is being negotiated with Beth~sda Memorial Hospital. We have been involved in networking of doctors for a health containment costs program. Bethesda provides this program at no charge to tie City. This program is working out very well. In r~sponse to Mayor Weiner's question, Ms. Cox stated that Civil Services Rules stat~ the City supplements the income for three (3) months and then an addi- tional three (3) months after review. The employee can then utilize his/her sicklileave followed by vacation leave and donated sick hours. It was pointed out ~hat there is very little incentive for the employee to return to work. Ms. Cox ~tated that the Safety Committee feels their proposed incentive plan would helpilto emphasize the need for safetY. In discussions with the Risk Manager in PalmiBeach, Ms. Cox learned that Palm Beach had a 60% reduction in reported injuries after their second year of the incentive program. Mayor Weiner asked for clarification on West Palm Beach's program. Ms. Cox said they!are self-insured, but they do not issue separate checks through a Claims Admipistrator. They administer their own checks. Further, after one year, the emplbyees go on a wage loss program which consists of 66 2/3% of their salaries with) no supplement. -2- HINUTE$ - SPECIAL CITY CONHISSION NORKSHOP NEETZNG BOYNTON BEACH, FLORIDA AUGUST 13, 1992 All of the municipalities are reviewing their programs; however, it is a dif- ficu!t battle because Workers' Compensation is tied to Civil Service and the unions. The City of Boca Raton is pushing to discontinue the first seven days' payment to their employees. They do not supplement the employee's salary and do not pay for time spent at doctors' appointments. Employees are required to use their sick~leave. Ms. Cox stated the City of Boynton Beach has a very active safety program and Safety Committee. These factors have contributed to the decrease in claims. Our Safety program was reviewed by the Florida League of Cities and is being distributed to other cities as a model. Our safety program is working very well because of a dedicated Safety Committee. Ms. Cox feels the only way to reduce the Compensation costs would be: 1. Discontinue paying first seven (7) days of injury. The employee could use sick or vacation leave. ® Discontinue paying supplement, which brings employee's pay, including Workers' Compensation, up to their normal take-home pay. The Employee could use sick or vacation time to make up to their normal take-home pay. Discontinue paying employee's salary when going to doctor appointments, physical therapy appointments, etc. Employees could use sick or vacation time. Negotiate for below-fee-schedule prices with Bethesda Memorial Hospital. This is currently in progress as far as MRI fees. 5. Provide safety incentives/awards. Safety Lottery Program to be implemented. 6. Continue safety meetings, training, etc. This is ongoing in the departments. 7. Use of safety equipment, i.e. back belts, goggles, safety shoes, respirators, gloves, hearing protection, etc. Mayoy weiner pointed out that this is not being considered in an attempt to hurt the ~mployee in any way. However, it is necessary to find a fair balance bet- ween)the needs of the employee and the concerns of the taxpayers. She feels it is hard to justify doing things above and beyond the law which are not done in neighboring cities throughout the County. Comm'issioner Aguila liked all of the suggestions and sees no reason not to implement them. = 3 - HZNUTE$ - SPECIAL C~TY COI414~$S~ON WORKSHOP #EET~NG BOYNTON BEACH, FLORIDA AUGUST 13, 1992 Ms. Cox digressed to state that the law provides that a Police Officer who is intentionally and maliciously attacked and injured be compensated 100%. Mayor Weiner feels the same consideration should be provided for the Fire Department. Commissioner Aguila stated that situations could also arise with a Meter Reader who might be attacked by a dog. However, at this point, the law only covers PoliCe Officers. CityiiManager Miller pointed out that in order to implement the first three suggestions, it would be necessary to bargain them out and that could not be attempted until next year. In nesponse to City Manager Miller's question, Mr. Sullivan stated Workers' ComPensation under Section D has been in effect since 1975. City Manager Miller reported that an appropriation has been provided for in the 92-92 budget for the safety program. The Safety Corrmittee is currently working on a safety program for next year. The suggestion regarding safety meetings is ongO!ing and the use of safety equipment is also ongoing. MayOr Weiner suggested consideration be given to the first three recommen- dations. The remaining four recommendations should be pursued. AttOrney Cherof stated there is a provision in the act which states that if the Cityi adopts a drug-free workplace policy, employees who are found to have engaged in drug use, which includes the use of alcohol, can forfeit their rights undelr Workers' Compensation. This could provide a significant savings to the CitYi. The provision of the Statute is to encourage employees not to come to worki under the influence. Attorney Cherof suggested this policy be considered. ThisI is not a subject matter of mandatory bargaining. This.policy could be implemented at any time. Ms. Cox stated the City could have saved 5% on its overall insurance premiums if we had had such a policy. She ))feels SUCh a 'policy ShOUld 'be implemented to 'cut costs, Mr. )~ullivan supports a drug-free workplace policy and would like to see such a program implemented. In he wil Ris Man for prep Sixt esponse to Mayor Weiner's question regarding direction to the City Attorney, tated the Commission should indicate that he go ahead with this policy. He discuss the policies of other cities with the Personnel Director and the Manager. The policy will incorporate the Statute word for word. City ger Miller stated that if the Statute is incorporated, there will be no need dealings with the bargaining units. Attorney Cherof said the policy will be ared and it must be announced and published and provided to the employees. y (60) days after that, it will go into effect. The~ie was a consensus of the Commission for Attorney Cherof to draft the enaqlting Ordinance that would attach the policy to it. There will then be two read!ings of the Ordinance. *~ne came to Vice Mayor Matson about a drug-free workplace and when the information is received, everyone will get it. #XNUTE$ - SPECIAL CITY COI4N]:S$]:ON WORKSHOP NEET~NG BOYNTON BEACH~ FLORIDA AUGUST 13, 1992 Mayor Weiner feels this would be a major step forward. She thanked Ms. Cox and Mr. Sullivan for their input. NUISANCE ABATEHENT Vicei Mayor Matson read from Memorandum 92-92W to the Mayor and City Commission fromi the North Boynton Beach Task Force wherein they unanimously supported the institution of a Nuisance Abatement Ordinance and the establishment of a NuisAnce Abatement Board. The North Boynton Beach Task Force conducted a work~hop meeting to discuss this subject with Police Chief Hillery. The Task Force was supplied with information concerning Nuisance Abatement Ordinances in Westi Palm Beach, Lake Worth and Tampa as well as the County Ordinance. Vice Mayor Matson would like some of Tampa's Ordinance incorporated into an Ordinance for ~he City of Boynton Beach. The Community Relations Board has also recom- mended the institution of a Nuisance Abatement Board. Present at the meeting were Ron Washum, Eddie Mitchell, Betty Zolten, Marina Haberman, Joy Currier, and Elizabeth Jenkins from the Task Force and Charles OPpenheimer, Marilyn YorkShire, Blanche Girtman, Joy Currier, Elizabeth Jenkins and Annie Matthews of the Community Relations Board. Attoirney Cherof reported that Ordinance 92- is a proposed Ordinance which tracks whati is permitted under State Statute for enacting this Ordinance and it is much likei the Ordinances of other cities which have previously enacted it and tested it. Comm Orga the chai requ to S Cher case help be r muni rewo neve prac to c Flor He f the boar issioner Harmening feels that the requirement on Page 2, Section 3, nization, which refers to the chairman being an attorney, duly licensed by State of Florida, might create a problem. While it would be good to have a rman with these qualifications, there is no compelling reason for the irement. Mayor Weiner pointed out that the City Attorney would be required it in on these meetings if the board chairman is not an attorney. Attorney of stated that it is contemplated that the City Attorney would prosecute a before the board. The chairman would be an attorney for the purpose of lng to facilitate the hearing and making the outcome stronger if it had to eviewed by court. Commissioner Aguila pointed out that not all of the other cipalities have a requirement for an attorney as chairman. He suggested rding the Ordinance for it to read that an attorney would be required whe- r possible. Commissioner Walshak feels this person does not have to be a ticing attorney. This City has many retired attorneys who could be enticed ome forward. Mayor Weiner pointed out that many of those retirees are not ida-licensed attorneys. Commissioner Walshak felt that was not a necessity. urther pointed out that the most successful Ordinance in effect is probably West Palm Beach Ordinance which has a practicing attorney as chairman of the d. Mayor Weiner and Vice Mayor Matson agreed they would be more comfortable with! a Florida-licensed attorney on the Board. Co~issioner Aguila questioned Line 3 of Page 3 with regard to the removal of a membier from the Board with or without cause. He suggested removal be by majOlrity vote. Attorney Cherof stated this paragraph is the same for this Board as lilt is for all other boards with the exception of the Civil Service Board. -5- HINUTES - SPECIAL CITY COHHISSION t,K)RKSHOP HEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1992 Commissioner Aguila pointed out that this proposed Ordinance should contain language similar to Lake Worth's Ordinance with regard to street gangs. Attorney Cherof advised the Commissioners to review Page 1, under the Definition of aiNuisance. At this point, Chief Hillery advised that the definition of street gang activity needs to be more definitive to avoid problems. Attorney Cherof will meet with the Police Chief before first reading to go over the ter- minology from a streetwise perspective. Vice Mayor Matson pointed out that Pagei2 of West Palm Beach's Ordinance contains a definition of street gangs and suggested Attorney Cherof incorporate some of that definition. In commissioner Walshak's opinion, this Ordinance is not broad enough. It should cover prostitution, pandering, sale of alcohol to minors, bookmaking and illegal sale of firearms and weapons. He suggested the use of the definition of prostitution as seen in the Tampa Ordinance. Commissioner Walshak feels our Ordinance should address these problems. BlanChe Glrtman expressed.concern regarding the language of the Ordinance related to public nuisance. She specifically discussed Section 2 of Page 1. She wondered if the young people who congregate in front of buildings would be considered loiterers. She discussed the corners of Martin Luther King Jr. Boulevard and North Seacrest and Railroad Avenue and loth Avenue. She stated thatlMr. Fredericks, who is located at Railroad Avenue and lOth Avenue, does not condone drugs inside his building; however, people can be found with drugs out- side his building. She asked if his license to operate would be revoked for suchia reason. She wondered if he had a right to contact the Police to get these people removed from his property. Mayor Weiner responded that Mr. Fredericks has every right to contact the Police. Ms. Girtman related stories of dlrug dealers and prostitutes who are not picked up by the Police. Ms. Girtman feels certain parts of this Ordinance will affect small businesses and although she supports it, she requested consideration for rewording some of the ilanguage. Vice Mayor Matson feels there should be accountability on the part of these busi!ness owners. If a problem exists, the Police should be contacted. If the business owners know what is going on and do not cooperate, the problem cannot be addressed. She further explained that a homeowner must take responsibility if he lets his property run down and people are using it to smoke crack and do drug~. The same should apply to business owners. Ms. Girtman has supplied peopile from the community with the "738" telephone number, but pointed out that many) of the community members have no knowledge about this new Ordinance and willii have to be educated to learn about accountability. At this point, Commissioner Walshak stated that a nuisance abatement Ordinance is niOt intended to hurt the small business owner. It is enacted to help the busilness owners get rid of the illegal activities going on around their business establishments. He explained the procedure which will be set forth by this Ordiinance, but pointed out that before this procedure is set in motion, these busi)~ess owners will probably have already been spoken to by the Police Dep~rtment on numerous occasions. This Ordinance will provide the Police Department with more authority to work in the community. Once this Ordinance is -6- MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1992 into effect, people will get the message that Boynton Beach will be enforcing it. Commissioner Walshak feels this Ordinance will help clean up communities. MariNa Haberman suggested that businesses be notified by certified mail of this Ordinance. Copies of the return receipts can be kept on file. This would pro- vide~proof that everyone has been notified. Further, she suggested the Ordinance include soliciting, prostitution and other items mentioned by Commissioner Walshak specifically for the north end of Boynton Beach. Vice Mayor Matson stated this Ordinance will cover the entire City. Comm ssioner Harmening pointed out that this Ordinance is not a magic wand but will provide the City with a very powerful tool if there is a business operator who ~s completely ignoring illegal activities in or around the business establishment. However, he explained that problems could arise and presented a scenerio. If illegal activities were being conducted on the property of an aparitment complex which was occupied by families not involved in the illegal activities, it is possible that the Occupational License of that owner could be revoked which would mean the closing down of that building. There are ramifica- tions with this Ordinance. Ms. Haberman feels it is important to promote public participation in order to get this Ordinance to work. Commiissioner Walshak feels it is the responsibility of the property owner to knowiwhat is happening on his property. If he does not, then he could be closed down). Commissioner Harmening pointed out that it is not always easy for a pro- perty owner to know what is happening outside of his building. Mayoir Weiner feels this Board will be a means to help rid the streets of crimi- nal activities. The citizens as well as the Police will be involved in that effo)rt. She explained there is no mandate in the Ordinance that an Occupational Liceinse be removed from any business owner. This Ordinance will provide another mean)s of dealing with problems which exist throughout the City. Reverend Davis said that men congregate under the trees on Railroad Avenue. These people have nowhere else to go. He has spoken with them on occasions and wondered if the Police pulled a surprise raid, would he be taken to jail for being at that location. Further, he wondered if noise was being addressed by this Ordinance. Mayor Weiner explained that noise is not included in this Ordilnance, but she realizes that noise is a problem and feels it should be incliuded. City Manager Miller said noise is covered under the Florida Statutes. Vice) Mayor Matson explained that this Ordinance is not an anti-loitering ordi- nanc)e. This Ordinance will deal with the illegal sale of drugs, prostitution and gang activity. Reverend Davis stated there are drug dealers who congregate undeir the tree and wondered how they would be differentiated from people who gath)er just to pass the time of day because of a lack of employment. Commlissioner Harmening again reinforced the fact that the tree is not covered by thlSl Ordinance. MayOir Weiner pointed out that this Ordinance is an attempt to tighten the law. -7- #]'HUTE$ - SPECIAL CITY CO#HI$$ZOH WORKSHOP 14EET~NG BOYNTON BEACH, FLORIDA AUGUST 13, 1992 Commissioner Harmening stated that it will be important for the Nuisance Abatement Board to use judicial discretion when this Ordinance becomes effec- tive, He feels the Ordinance will have no effect on many of the cases described at this meeting. Ron ~ashum chaired the meeting of the North Boynton Beach Task Force meeting on May 26th when a unanimous motion was made to go ahead with the Nuisance Abatement Board. Chief Hillery attended meetings where the establishment of the Ordinance was discussed and he provided his assessment of those in existence. It should be noted that the purpose of this Ordinance is not to close down busi- nesses. He thanked the Commission for this workshop meeting. Chief Hillery stated that any time a business owner has a problem with people on his/her property, they have a right to ask those people to leave. Further, they can Contact the Police Department for assistance. Mayor Weiner stated this is an a~tempt to curb violations of the law throughout the entire City. Chief Hillery feels that a motel owner renting rooms to prostitutes needs to be taken to task and the same applies to a person who is permitting drug sales in his parkiing lot. Commissioner Aguila feels this Ordinance is the tool necessary for the community to help itself. Marie Ackermann wondered if a survey has been made of the other cities having Ordl)nances tn place to see if they have had any problems with the language of theilr Ordinances. Attorney Cherof stated that one of the things attorneys always do is call other attorneys to talk about situations. Further, disc)ussions take place with the League of Cities and the national associations to s!ee if problems exist. Questions are asked about problems, successes and fail)ures so that their errors are not duplicated. Ms. Ackermann is in favor of makiing the Ordinance stronger to cover gambling and prostitution. ~ F).tzpatrlck discussed conditions in Cherry Hill. He related a story rega)rding a stabbing incident in the area. He wondered how the Ordinance will addr)ess the public housing situation in the area. Mr. Fitzpatrick stated people haveimade contacts with City Hall about these problems. Mayor Weiner stated this) Ordinance will not address that subject and suggested Mr. Fitzpatrick con- tact) the Police Department. She explained that this Ordinance will be a limited tool). Mr. Fitzpatrick spoke about the use of boom boxes on 12th Avenue and 4th Stre)et as a distraction for drug deals. He feels a constant presence is neceissary in this area. He suggested getting County assistance for policing the hous)ing projects. Mr. Miller stated the City has been working with Mr. Barry Seaman of the Housing Authority. Dollars will be appropriated for fixing up the housiing projects. Also, the Police Department has been working with Mr. Seaman's Office in putting together a grant application under HUD for a two-year granlt which will provide for four officers and a sergeant to be specifically assigned to this area. Chieif Hillery asked Attorney Cherof to address the issue of music provided by thelboom boxes and the dances. Attorney Cherof stated it is a violation of the Cityi's Noise Ordinance. It will be necessary to check the noise levels with the deci)bel meters. These dances and the music might even constitute a public -8- #INUTE$- SPECIAL CiTY CON#Z$SION WORKSHOP #EETZHG BOYNTON BEACH, FLORIDA AUGIJST 13, 1992 nuisance under existing Ordinances. In response to Commissioner Walshak's question, Mr. Fitzpatrick stated this condition was reported to the Police Department but it still exists. Chief Hillery confirmed the reports. Mayor Weiner thanked Mr. Fitzpatrick for his input. Commissioner Aguila reali- zes that the Police cannot be at every corner, but they do the best job they can do. This Ordinance will provide them with another tool to do their jobs. Chief Hillery stated that he met with Attorney Cherof to discuss the situation regairding the boom boxes. Attorney Cherof assured Chief Hillery that he is investigating what other cities are doing to curtail such activities. He feels the City should move forward with this Ordinance if it can help. Nlch~el Lyons approached the podium to discuss his personal experience with famil)y members who have been involved with drugs. He feels the Police DepaiKtment needs to be involved in these discussions and other cities with Ordi- nances should be invited to provide information on what the Ordinance can accomplish. He thinks this Ordinance is an aggressive strategy to deal with the drugproblem in the City. Commissioner Aguila stated Chief Hillery is tuned into what other cities are doing. He shares that information with City officials. Commissioner Aguila feels the information he has shared with City officials has been sufficient to prove that an Ordinance should be in place. The Ordinances of other cities have been reviewed. Our Ordinance is based on information obtained from other cities. Comm!ssioner Aguiia questioned whether or not the Commission wants to add in some of the things brought forth by Commissioner Walshak. Commissioner Harmbning feels anything added would take some of the load off the judiciary and the police Department. Commissioner Walshak again suggested adding prostitu- tioni sale of alcohol to minors, bookmaking and the illegal sale of firearms and weapons to the Ordinance. AttoYney Cherof recommended beginning with the three specific areas addressed in the Statute of gang activity, controlled substances and prostitution. This woul~l be the best starting point to avoid challenge. Attorney Cherof will add prostitution to the Ordinance. Furtl)er, it was determined by the Commission that it would be encouraged that whem~ver possible, an attorney be assigned as chairman of the Nuisance Abatement Boar(~. Commissioner Aguila reminded all that an education campaign may be requ'ired to provide the community with information about the Ordinance. Attol'ney Cherof will add a provision that there will be notice to the property owners before they receive a citation. Chief Hillery feels the first offense willi)be a good notice; however, he agrees that formal notification should be required. Andrew Luchey, Chairperson, Communlt~ Relations Board, feels this is a good tool ~will help the Police Department. He reminded the Commission to choose minorities to be members of the Board. -9- MINUTES - SPECIAL CITY COHMI$$]:ON WORKSHOP MEETZNG BOYNTON BEACH, FLORIDA AUGUST 13, 1992 Mayor Weiner explained that board members are chosen from Talent Bank forms. The Board members will be selected from those who apply. ADJOURNMENT There being no further business, the meeting properly adjourned at 8:20 p.m. Janet M. Prainito Recording Secretary (Two Tapes) THE CITY OF BOYNTON BEACH ATIpEST: Clerk - 10 -