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Minutes 09-27-82SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, SEPTEMBER 27, 1982 AT 7:30 P. M. PRESENT Walter "Marty" Trauger, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Betty Boroni, Deputy Clerk James Vance, City Attorney Mayor Trauger called the meeting to order at 7:30 P. M. He said the purpose of the meeting was to consider the Union contracts and adopting the pay plan for the other municipal employees. ADOPT UNION CONTRACTS Fire Union Contract City Manager Cheney informed the Council that the contract has been reviewed by the Fire Department, is consistent with what they talked about awhile ago, and the major change in the contract is the reduction ~six months or sooner) of the hours for the Fire- fighters from 52 hours to 48 hours° In essence, City Manager Ch~ney said that was a reduction in hours of 8%. He said it was accompanied by a 5% compensation adjustment for the coming year effective October 1 or actually the day before the beginning of .that pay period. City Manager Cheney continued by saying it has an agreement in it that neither the City or Fire Union will bring up in negotiations a further reduction in work hours for at least three years, although implicit in'the agreement is the fact that the City may, during this three year period, discuss other alternate work schedules, research them, and see if any o~h~rs make sense and are agreed to by the'Firefighters and the City. City Manager Cheney said one minor adjustment was made in the contract relative to physical exams. He said the City is going to do some specialized physical exams in connection with the hospital on an every other year basis. It is somewhat of an experiment that has to do particularly with breathing and some special things relative to the heart. Other than that, City Manager Cheney said it was basically the same contract that the City has had since last year. He added that it is a one year contract. Mayor Trauger noted they added six positions. City Manager Cheney corrected Mayor Trauger by saying, "We've added six positions to compensate for the change in hours." He said it was in the budget, and the Council will adopt that. Councilman Wright questioned where the City would get the money. City Manager Cheney answered that it was a part of the increased cost for the Union contract. He said the Council would see on the sheet he gave them tonight MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 that the total estimated or assumed increased costs for all of the related Union and/or employee adjustments add up to about $600,000. City Manager Cheney informed the Council that the City has in the General Fund budget $555,000. He was suggesting, that if the Council agreed, to take the alternate route for the City's drain- age program this year where the City will buy a piece of equipment in the drainage program. The City could buy that out of General Revenue Sharing, which would free up $25,000 in the General Fund for salaries, and the City would simply delay in filling two of our positions beyond the six months the City anticipated by $20,000 worth, and they come up with $600,000. Mayor Trauger did not follow what City Manager Cheney said and asked him to repeat the last part. City Manager Cheney explained that most of our new positions in the budget this year, the City has assumed they will fill in six months. He clarified that the City would delay $20,000 worth of action, or they might have some lapse in salary. That was a suggestion as to how they might meet that $20,000. Councilman Wright expressed concern about "B. 2." (Transfer of $25,000 to General Revenue Sharing for Equipment Purchases). He asked City Manager Cheney if he had that in the budget initially. City Manager Cheney said they had $100,000 for a drainage project in the budget. He said the City discussed a part of their drainage project this year with a City crew, which was ~established for drainage and.sidewalk repair work. He said that would include a crew of three people plus a piece of equipment appropriate for that job. If the Council decides to do that, City Manager Cheney said the piece of equipment (which there was some discussion about) they would buy with revenue sharing funds. That would relieve ~p~to ~ $25~000~ in the General Fund that could be transferred into the proper account for the salary for this compensation adjustment. Councilman Wright questioned ~ether this would affect their pro- gram too much. City Manager Cheney replied that the City would still have the drainage program. Councilman Wright asked about the six added positions in the Fire Department. City Manager Cheney said the City has committed, as a part of their Union approval, to hire those people as soon as possible in this case. He assumed they would average about eight or nine months by the time the City gets them on board. Mayor Trauger explained that was because they went to the shorter hours. Councilman deLong moved to ratify the Agreement between the City of Boynton Beach and Boyn~on Beach-Association of Fire Fighters, Local 1891 of the International Association of Fire Fighters, AFL-CIO, CLC. Vice Mayor Warnke seconded the motion. Mayor Trauger requested Mrs. Betty Boroni, Deputy Clerk, to take a roll call vote on the motion, as follows: - 2 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Motion carried 5-0. Aye Aye Aye Aye Aye Police Union Contract As the Council knew, City Manager Cheney reminded them they had a number of executive sessions and discussions on the Police Union Contract. Consistent with that, City Manager Cheney met With the~nion and had several m~etings last Thursday (September 23, 1982), and they arrived at a conclusion in totalr which among other things, the main things include an amount to provide a cleanin¢ allowance for the Members of the Union. The uniformed men will have their clothes cleaned through a contractual arrangement the City will work out-. Mayor Trauger asked how much that amount was. City Manager Cheney answered that it was about $2 00 a week.per man. He said it was a little less than $14,000. City Man Lger Cheney added that the City is going to give the non- issued uniformed people (that is, the detectives and vice people) $52.00 a quarter, or about $2.00 a week, cleaning allowance for theirs. The City will give them that in cash on a quarterly basis because City Manager Cheney did not want to be responsible for cleaning their personal and private clothes. He said the City will have the uniforms cleaned at an establishment and work out a contract, The establishment contract is around $12,000, City Manager Cheney anticipates, and the other $2,000 is for detecti~ es. Council an Wright asked if it was somebody in Boynton. City Manager Cheney said they would discuss that later. He said it was an issue they would discuss later. It was not a part of the Union contract. Councilman deLong asked if it was being taken care of:-inc~he~bud~et. City Manager Cheney~replied, "Yes. Later on." Councilman deLon~ wanted to make certain i% is in the budget. City Manager Cheney assured him that it is. City Manager Cheney advised that the City has agreed to pay tuition and book reimbursement for the Policemen. Mayor Trauger asked if there was any grade requirement for the payment of that, "A and B,Wil~ get 75% , City Manager Cheney continued, "and Grade C, will-get~ 50%, and we will approve the courses and the course wDrk. We have a committee structure set up %o review courses if there is any question about it and the kinds of classes the City will authorize. City Manager Cheney advised that the Committee is made up of the - 3 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 Personnel Director, the Police Chief, and two Members of the Union. That four member committee is advisor to City Manager Cheney, and he makes the final decision as to whether that is acceptable. Of course, City Manager Cheney pointed out, that is the same system that is in the Fire Union Contract. He stated that those two things are education from the point of view of tuition being an investment consistent in both departments~ They wol City Mar recall did a 1 thought ing that months last fi dollar ~ that the that wag advanta¢ in esse~ ~ked the wage adjustment with a variety of alternatives, .ager Cheney told the Council. He asked the Council to .hat originally they were talking about 17%. He said they ,t of discussion, and a lot of soul searching, and he they did too. City Manager Cheney said he was recommend- · the City grant them a 6~ adjustment the first sere· ~f the coming year and an additional 3% adjustment for the ~e months of the fiscal year. That balances out, from a ~oint of view, to be about 7.2%. Actually, if you add to uniform cleaning allowance, City Manager Cheney said ~ another 1.4% when you count the %ax · es. He said they are already paying taxes on money that Lce they use in cleaning uniforms. Mayor Trauger asked City Manager Cheney what he did to get them from the 17%. City Manager Cheney answered that they had a lot of seriE tions ag concern there a] the Cit5 doing m~ general ~us discussions and a lot of hopefully gradual explana- to the position the City is in. He said they stated that the City is concerned about what it pays people, but · e limitations. This year, City Manager Cheney advised, is limited by a number of factors. He said they were ~ny things for the Police Department and the City, in this year and really could not go anything above that. City Manager Cheney reported that they were anxious at the beginning to have reimbursement for or payment for insurance and add dental and optical insurance. None of that is included in the proposed contract. City Manager Cheney hoped they realized that th~ City is sincere when he said the City does have a problem in n~ney~ and the City has a balanced program they have to be concerned with for the whole City and all the departments. He stated ~hat the City has shown its concern for the Police Depart- ment over the years in equipment and other kinds of things the City providss' for them. City Manager Cheney said the City turns over police cars so, generally, they are in good shape. He thought that was a money saving thing for the City too because the~City does not have a lot of ~epair work, but he thought' all of the discussions~they had came to this conclusion. City Manager Cheney stated that maybe some of it was because they are getting close to the fiscal year, and they all wanted to make a decision. He understood the vote by the Union on F~ida~gvening was 21 to 9, or something like that, so it was not unanimous. - 4 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 In general, City Manager Cheney thought those who were involved in negotiations at the table ended up in a positive feeling about each other and about the City's concern for the Policemen as individuals and as professionals. In any case, City Manager Cheney said the committee recommended this. He understood they spoke strongly for it at the meeting. Mayor Trauger thought City Manager Cheney should be complimented for bringing this contract in this year at this rate, where the City has not had to hire attorneys and spend the money there. He said the money this year can be placed into the wage pocket. In dealing with the "notorious Teamsters Union", Mayor Trauger felt this was quite a feat because the Teamsters, like most Unions in negotiations only have one goal - more, more, more, not who is going to pay that more. Councilman Wright also thought it was great and stated that City Manager Cheney might need a better increase, City Manager Cheney commented that he was very pleased this year about both the Fire and Police Unions. He thought the City ended up (and City Manager Cheney emphasized that this is important~ negotiations with both unions in a very positive situation with bOth groups of employees. City Manager Cheney said they had some tough discussions and real "stick in the fire" discussions about philosophy, work schedules, and what is good for them and for the City. City Manager Cheney had a chance to talk today with the President of the Fire Union and thought he felt they made some real progress. City Manager Cheney felt their understanding of the City, and th~ City's understanding of them since last year has come a long way in improving relationships between those two Unions and our City's employees, He reiterated that he thought they had come a long way. In looking at this part of the budget, from the City Council view- point, Mayor Trauger noted they granted the Police Department a 6% increase for seven months and 3% for the five months, it sesmed to be a rather equitab}e decision. Mayor Trauger wanted the Council to consider that as they go through the rest of it as perhaps the base for all of the City employees and then to bring the Fire Department to this same amount so that everybody in the City is sharing the same amount of wages and somebody does not have a financial advantage or club over the other for this year. Mayor Trauger stated they would go through the ratification, but he wanted the Council to think of that as they go through it. Mayor Trauger reiterated that he wanted the Council to consider the same rate that they gave the Police Department (6% for seven months and 3% for five months), making about 7.2% for all other City employees, and to bring the Fire Department, that they have already negotiated, up to about this same amount. Then Mayor Trauger said all City employees would be practically on the same i 5 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 pay scale. Councilman deLong added, "Have one standard for the entire City." He said it is a cost of living increase. Councilman deLong asked Mayor Trauger if he had given a study to what the approximate cost would be. Mayor Trauger replied, "Yes." Councilman deLong moved to ratify the Agreement between the City of Boynton Beach, Florida and Teamsters Local Union 769 affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America. The motion was seconded by Council- member Woolley. No discussion. At the request of Mayor Trauger, a roll call vote was taken on the motion by Mrs. Betty Boroni, Deputy Clerk, as follows: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. LEGAL Resolutions Proposed Resolution No. 82-UUU Re: Adopting Pay Plan for Fiscal Year 1982/83 and Establishing Job Descriptions for Certain Municipal Posts ......... Mayor Trauger thought the Council should discuss what the pay plan would be before enacting the Resolution. That was what he mentioned before was the point in considering this, to have all of the City employees practically in balance as far as a pay raise is concerned. He told the Council that if they believe the 6% for seven months and 3% for the last five months to be equitable for the Policel Mayor Trauger did not see why it was not equitable for all other City employees and back to the Fire, whom the City has already settled at a little lower deal. He meant to bring them, so they all come ~to the same base percentage rate. City Manager Cheney said he hated to say this because now, aftar all his fine comments about the Fire Department, he is going to sound negative. He advised the Council that there are two problems they have to address: (1) The City did reduce their hours by 8%. (2) Legally, you cannot arbitrarily unilaterally make a change in a Union contract. It has to be negotiated. City Manager Cheney pointed out they may decide they do not want that. They may decide that they want to have a benefitthroughthei~ Blue Cross - Blue Shield or something else. He hated to tell the Council they could not do it. Councilman deLong thought the Council should make the offer a~d let them (the Fire Department) decide what they want to use it for. - 6 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 Mayor Trauger did not want to reopen the contract if they could help it. Councilman Wright said, "No." Councilman deLong repeated that they should let the Fire Department decide what they want to do with it but give them the equivalent amount. Mayor Trauger disagreed, saying it would have to be in salary. He did not want to give i% for something else. Mayor Trauger said if they have to reopen the meetings on the Union contract to do this at this time, he would strike it from his comments. Vice Mayor Warnke pointed out that the contract is already closed. Mayor Trauger knew the contract was closed but thought there must be a way by salary agreement. City Manager Cheney advised that there was no way the Council could affect the terms and conditions of the Fire Department's employment without negotiations and giving them an equal oppor- tunity. Mayor TraUger asked, "If they dissolved the Union and accepted it, wouldn't it be all right?" City Manager Cheney replied, "That you could do." Councilman deLong asked Mayor Trauger, "Are you going to have to reconsider the agreement you adopted?" Mayor Trauger answered, "No." Councilman deLong wanted the opinion of City Attorney Vance. City Attorney Vance advised that the agreement has been ratified. As long as the Council is in session, Councilman deLong said they could still reconsider it. City Attorney Vance agreed that they could but pointed out that then they would have to go into a new negotiating session. Vice Mayor Warnke called attention to the fact that they were going now for the rest of the City employees. Mayor Trauger explained that he was trying to get all of the City employees in balance with the same percentage increase, which averaged out~7.2%. For the record, Councilman deLong thought City Attorney Vance should guide the Council insofar as what they do to bring up the Fire Department to the same degree of increases as the rest of the~_ City employees~ He thought it was incumbent upon the City Attorney to guide the Council insofar as legal advice is concerned, Councilman Wright asked, "Well, what's the feeling?" Mayor Trauger did not know but was asking the Council how they felt about a raise for the other departments and to the amount. He merely opened that point for discussion. Mayor Trauger told the Council to leave the Fire Department out if it cannot be legally handled but he would like to see the Firemen come to the same basic scale too. Vice Mayor Warnke asked City Manager Cheney if the fire contract would be equitable with the rest of the raises with their reduced hours. City Manager Cheney answered, "That is somewhat of a judg- ment. My own personal opinion is that it would not be equitable , but equity is a measure of how you arrive at equity. I think in the negotiation process, when two sides agree on the terms, that (by definition) creates equity. Both sides in their'compromise and negotiations have agreed, and that is an agreed upon equity." - 7 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27~ 1982 Mayor Trauger remarked, "But the first guy down is the one who comes out hurt." City Manager Cheney reminded him that the Fire Department got what they wanted; they worked hard for that and never discussed the 5%. He said they were anxious for the 48 hours, and they got it. Councilman deLong did not accept this always talking about the Fire Department getting a 48 hour week. He said they work more than anybody else in the City. Everybody else is on 40 hours, so Councilman deLong told the Council to forget about the 48, as the Fire Department was long overdue to get it. At this time, Council- man deLong said he was still going to stick with the request. Councilman deLong told-City Attorney Vance he never heard of any outfit, Union or otherwise, who would not accept an increase regardless of what they negotiated for. CounCilman Wright asked, "Where is all this money coming from?" Mayor Trauger answered, "We are going to produce it." Councilman Wright wanted to find out where it was coming from. According to Mayor Trauger's figures, if the Council agrees to those figures, he thought they were about $43,000 short. He asked Grady Swann, Finance Director, if that was where he came out. Mr. Swann answered, "Yes." Mayor Trauger said the cost would be about $645,000 for the whole package. In terms of City Manager Cheney's pay plan, Councilman Wright asked what it would do to the pay plan if they gave everybody the same increase across the board. City Manager Cheney did not know what Councilman Wright meant. Councilman Wright asked what it would do as far as the starting salary of the Firefighters with that of the Police Patrolmen. City Manager Cheney replied that the grade would be the same. He said if a Firefighter is one grade now, he would go up by 6%. Councilman deLong said it is a cost of living increase. Mayor Trauger commented that it makes no difference what you call it. The only problem Mayor Trauger could see with this was not inherent with this but with all types of raises. A man who makes $12,000 a year and you give him a 7.2% raise, and he gets $720 on a year as a raise, Mayor Trauger noted, but then a man who makes $30,000 gets $2,100. As long as the City has the money, Council- man Wright could not see why they could not do this. Mayor Trauger put this out for the Council's consideration. As he said, it is going to cost $645,000. He did not know what they were thinking of in the adjustment inbetween, but this was just merely an opening statement. Mayor Trauger asked how the Council felt about it. Councilmember Woolley thought it sounded very equitable, but she could not understand how they could go back in negotiations on it with the Fire Department. Mayor Trauger did not quite understand that either. Councilmember Woolley noted City Manager started to say, "My onlY concern is -" She wished he would finish that statement. City Manager Cheney finished the statement by saying, - 8 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 "the perception of equity among other City employees." Mayor Trauger wished an explanation. City Manager Cheney explained that when you reduce hours for some City employees and do not reduce them for other City employees and give them all the same amount of cost of living increase, he thought that raised some questions for the other City employees who are working the same hours. City Manager Cheney agreed that Firefighters work more hours, but the Firefighters work on their lunch hours too. Mayor Trauger remarked that the Firefighters get paid for that lunch hour. City Manager Cheney informed the Council that the Firefighters will work 48 hours, and they get paid whille they eat break- fast, lunch and dinner. Other employees do not get paid while they eat breakfast, lunch and dinner, so part of that when he is working (2 days a week or 16 hours) is eating time, City Manager Cheney explained. He said there is no way around it, but those are the other equities. City Manager Cheney reiterated that Firefighters work more hours than anybody else and that they are forced to stay away from home overnight, but the schedule they are working are truly the Firefighters' choice. City Manager Cheney said the City tried to do this year what he thought was an improved schedule for them, by giving them lesser hours, but they came back and unanimously said, "We like our 24 hours on. We don't mind being away 24 hours a day as long as we have that other 48 and, in some cases, 72." City Manager Cheney pointed out that they made that decision themselves. He said that was how you weigh it. City Manager Cheney stated that Firefighters are the hardest group to work with because of the strange working shift that they have. He said it is very difficult to totally equate equity for them with other people. Councilman deLong was still waiting.for the legal opinion. City Attorney Vance advised the Council that they cannot arbitrarily change any provision of the contract without going back and renegotiating the contract with the Firefighters. Councilman deLong asked how much of a problem that would be. Mayor Trauger remarked they would end up with a whole can of worms. Councilman deLong meant that you would have to be specific that you could only renegotiate on one specific matter; they can take it or leave it; but Councilman deLong did not think they would have to negotiate the whole agreement. Mayor Trauger did not think they could do that. Councilman Wright thought the Police Department seemed to be that their pay scale should be in terms of the pay scale of other municipalities, which seemed to be causing some confusion. The other night Mayor Trauger recalled they said the Police paid by the chart and to put them up in the upper third of all cities in Palm Beach County. He thought this would probably put them up even higher. Councilman Wright said they were not up in the upper third. City Manager Cheney informed the Council that the Police have been in the top high but with other pay decisions being made - 9 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 this year, the Police will fall behind this year. "They won't fall behind the half way.mark, will they?, Mayor Trauger asked. City Manager Cheney answered that they might. City Manager Cheney coUld not figure out for sure what Delray Beach is doing but he knew iH was something between classifications 12 and 17. Boca Raton was either 10 or 12. The Fire increase was either 10 or 12, City Manager Cheney informed the council. He said Boca did a two year contract last year which pinned them in to the amount this year. Delray has been somewhat behind as a part of their complicated Union negotiations. Councilman deLong suggested that as long as the Firefighters will get information as to what is proposed here, that they can take the initiative. Councilman deLong asked if there would be any~ thing illegal about the Firefighters taking the initiative insofar as other people are getting more of a cost of living increase than them. On an informal basis, they could probably make an indication to the Council on their position, City Attorney Vance advised. "Where would the Council be then?, Councilman deLong asked, if the Council decides they will not acquiesce to their request?" City Attorney Vance said the Council, in essence, he believed, would have to reopen the existing contract which they have ratified. Councilman deLong thought that was what they would have to do. That was why he wanted legal advice from City Attorney Vance. Councilman deLong asked City Attorney Vance if the move here now be to reconsider while they are still in session their previous action on ratification, and they could leave this hanging in the air for renegotiation. City Attorney Vance advised, "You can do that, sir." "Can you leave the ratification sit and go ahead with our action and then if they decide at a later date they want to do something, then we can open the works again?" Mayor Trauger questioned. That was the point Councilman deLong was trying to make. Vice Mayor Warnke remarked, "That's their initiative." Councilman deLong told the Council the only time they can re- consider is now, while this meeting is in session. Once they leave here, there is no reconsideration of this agreement. City Attorney Vance affirmed that was correct. City Manager Cheney asked City Attorney Vance if, throughout the year, both parties could agree to reopen it to renegotiate the contract. City Attorney Vance answered, "Yes, they could." City Manager Cheney asked if he would bring a new contract to the City Council for approval. Normally, when you reopen a contract for one specific item, you only change that one article in the contract, City Attorney Vance informed the Council. He said the contract will probably essentially remain the same except for the one article relating to, perhaps, wages, if they agreed to it. Councilman Wright had a question about the salaries comparing with other municipalities on Firefighters. He asked where they were in relation to the other Firefighters. City Manager Cheney answered that all of the City'.s salaries up through the surveys - 10 - MINUTES - SPECIAL CITY COUI~CIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 the Council got are kind of in the middle through there and lean- ing a little on the plus side of where, in general, the City has been during the past at the end of a fiscal year. Councilman Wright asked, "But you wouldn't say that we pay more than the other municipalities at the moment?" City Manager Cheney answered, "As a general rule, no." Mayor Trauger noted that the City was fairly close to the new one he looked at today in West Palm Beach. City Manager Cheney stated that the City was close to them. He stated that the City may be, in some cases, a little bit above them. Mayor Trauger was going to say that in some, West Palm Beach was just slightly above. Councilman Wright asked, "On beginning Firefighters?" Mayor Trauger and City Manager Cheney replied, "Yes." Councilman Wright asked, "What about Patrolmen?" City Manager Cheney replied, "They go from the south, north. Mayor Trauger did not look at the Police, as he did not have time. He just looked at the Fire. City Manager Cheney stated that the City tends to go from the south, north. Councilman Wright was just thinking that if the City finds some more money for them and the Council felt, accord- ing to what they have been told, that the Firefighters or Patrol- men are not where they need to be, it would seem to him that they would take the'other money and get them ahead. City Manager Cheney emphasized that they should have done that in the negotiating session. Mayor Trauger repeated what City Manager Cheney said. City Manager Cheney told the Council they never argued that. He said they had the sessions to discuss those things. Mayor Trauger pointed out that they locked that down. Councilmember Woolley recalled that everybody was supposedly happy. Councilman Wright stated that he was thinking that they were going to be pleased with the 5%, but since they could find no money, he would think, "Why not go and take care of the Patrolmen now?" Mayor Trauger said they agreed the other night to this police scale fairly close. They may have missed it by 2.2, so Mayor Trauger said they assumed that the negotiations made the Police happy. He said the Police are happy, so he is trying to get the other City employees happy. Councilman deLong thought they would have a morale problem over there. Mayor Trauger predicted they would ask for a Union contract again. Out of a group of eleven Police Officers this year, City Manager Cheney said' there has been 8 of 11, but you have to take off Palm Beach, Pompano, and Deerfield. He said they are in that 11, but they are high. He said Boynton Beach cannot compete with Palm Beach and Pompano and can barely compete with~Deerfied~but-.'th~tis the report he had. City Manager Cheney said if you take Pompano and Deerfield and Palm Beach off, that gives the City 5 out 8. Council- man deLong did notthinkit wast~h~question of trying to get on thesameplateau with ~th~m~ He thought the question now was trying to treat everyone fair and equitable insofar as the cost of living increase is concerned. He said this is going to cause problems, if you have different standards for different locations - one in the Police, one in the Fire, and one for the Employees - 11 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 Councilman Wright asked what Councilman deLong had in mind and asked, "What if they decide they want a high increase?" Councilmember Woolley pointed out that they have requested different standards. Councilman deLong called attention to the fact that they did not know what was going to come up. Mayor Trauger remarked that they might have negotiated too quickly. Councilman Wright commented, "May I say,~if you can find money, and they want the 7%, let them come in and get it." Councilman deLong wondered if the.money was available. That was what Councilman Wright was trying to find out. Mayor Trauger that $25,000 was just produced, and he could go through the budget, using Mr. Cassandra's figures, and pull another $50,000 or $75,000. Vice Mayor Warnke asked Attorney Vance if they go ahead and set the wage scale for the rest of the City employees and the Fire Department came back later and asked to renegotiate their contract and the Council is amenable to that, would this be within the realm of legality. City Attorney Vance read the "Duration" clause to the CoUncil, as follows: "This Contract shall be in force and effect frc~ the date of signing through September 30, 1983, and for succeeding periods of twelve (12) months, unless either party shall notify the other in writing, not prior to April 15 nor later than May 1 of each contract year, expressing a desire to negotiate a new contract. Upon receipt of such notification, the parties shall arrange to meet prc~ptly etc ...... This, in effect, says the Council cannot do it until April 15th, City Attorney Vance advised. However, he supposed any two parties can, by mutual agreement, waive such a condition. Vice Mayor Warnke asked, "If they came to us and said, 'We would like to renegotiate and the other party on our part was amenable to that, it could be renegotiated?" City Attorney Vance replied, "I would think so. Yes." Councilman deLong asked City Attorney Vance if that was the opinion and if they could proceed on that. City Attorney Vance answered, "Yes sir. That is my opinion. That if both sides agree, they can waive a limitation on that." Councilman deLong moved to proceed, insofar as the higher priced salaries are concerned, according to the legal opinion that was given to them by the City Attorney. Mayor Trauger pointed out that they were going to consider how much it cost in this part of the budget. Whether the City pays it or not is another thing. Councilman deLong thought they had it. Mayor Trauger said he did not have that. He ~only had $600,000 and needed another $45,000. Mayor Trauger just wanted to hear the Council's discussion as to what they thought the other City employees should get. Councilman deLong suggested that Mayor Trauger poll the Council to see if they were in favor of having everybody receiving the same amount of money. - 12 - MINUTES ~ SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 Councilman Wright had no problems with it. He had reservations from the very beginning, he thought. Councilman Wright referred to them going to start at 5%, then coming in and wanting more. He said he would feel comfortable if everybody got the same amount of increases, and again asked where they would get the money. Vice Mayor Warnke stated he would go along with it. When Mayor Trauger said $45,000, he was at 7.2%. Looking at the figures again, he asked Grady Swann, Finance Director, if this would make 7.23% in actual amounts. Mr. Swann answered that it was about 7.25% on an average. Mayor Trauger asked if 45 would cover it at that rate. Mr. Swann told him he may need 50 for fringe. Mayor Trauger did not figure fringe. Mr. Swann told him he would have to have another $5,000 for the fringes. City Manager Cheney was sorry he was not involved in the conversation earlier, but he thought it was nearer $30,000 or $35,000. Mayor Trauger asked if the total was $30,000 or $35,000. City Manager Cheney thought so. He did not have the benefit of the conversation earlier. Mayor Trauger knew City Manager Cheney did not. He asked Grady Swann, Finance Director, how far off he (Mayor Trauger) was this morning, when he recalculated it. Councilman Wright wanted to know where they were getting their money from. City Manager Cheney informed the Council that this $64,000 will cover the Union contract, and that is equal to 5%. if they convert that to another 2%, City Manager Cheney thought they could do it with $30,000 because of the involvement. You have some lapse during the year, etc --~ Mayor Trauger asked Councilmember Woolley how she felt about it, and she thought it was great. She felt they were really a nice group of people. City Manager Cheney said they really raise ques- tions about next year's negotiations and they really raise questions about the whole Union process and the whole negotiating process. Councilmember Woolley asked, "Why just hold out to the very end?" Mr. Cassandra, sitting in the audience, spoke up and said they were cutting the negotiator's leg. He asked, "Why have a negotiator if you are going to override him?" Councilmember Woolley said a lot of time and effort was spent on negotiations and the nights they spent here to go over with them. Vice Mayor Warnke recommended they go fOr the rest of the Cit employees and haye somebody else o ........... ~-~ ~ - Y ~ ..... ~_A_, ...... x ~ ~ ~u~ons later. ~uu~uxm,~a~Der. , ~oolley commented that they would be crazy if the dmdn t. She saw no reason why they would not want to open up Y negotiations. Councilmemb~r Woolley,,also saw no reason Council,. ~ took., a firm stand and said, You ne otmat' e f .~hy the , · - g or 50. That s samt. the un don'tne other hand, Mayor. Trauger said maybe the Firemen will Y Y t even need a Unmon. They can just depend on the Council. Councilmember Woolley Would not count on that. She said they may want their uniforms cleaned, and asked if the Fire Department's uniforms are cleaned. City Manager Cheney thought the Firemen took theirs home because they are washable. He said they have washing machines in the station, but he thought most of them took them home. - 13 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 Councilman deLong commented that the Firemen gave a terrific exhibition today of what they actually can do with the Paramedics because Betty Boroni, Deputy Clerk; Pat Ramseyer, Recording Secretary; and he witnessed this man having a heart attack while he was getting his beach decal today. Councilman deLong said the Firemen were very competent, efficient, and he thought they should have a letter of praise sent to them so that it could be put in their Personnel file. Councilman Wright saw them put out a fire and said they did a terrific job. If they were around, City Manager Cheney told them they would see it two or three times every day. He agreed that the Paramedics do a fantastic job. Councilman deLong asked Betty Boroni if the man had succumbed, as he was "as dead as a door nail." The last Mrs. Boroni heard, he was still living. Mayor Trauger asked what the Council had done to "louze him up". City Manager Cheney thought the intent of the Council's motion is that the Firefighters obviously will hear about this discussion. He did not know that they needed a motion. City Manager Cheney stated they would obviously hear about the discussion. If they are interested in pursuing this, he assumed they would contact him. City Manager Cheney thought the intent of their discussion was they are wanting to consider the Fire and Union contract again. Mayor Trauger was trying to get to the scale of all the other City Employees now without the Fire Department. City Manager Cheney referred to the page he passed out. He said they took care of the Fire Department. They know where the $71,000 is and the $64,000. The $20,000 they will discuss at budget time in hopes some internal changes with the F±refighters 1, 2 and 3 will broaden the category. With the Police Union, City Manager Cheney said they knew what the uniform cleaning, tuition, and wage adjustment is. That is $100,000 there, and City Manager Cheney said they would have some additional reclassifications in the Police Department. He said the assumption that goes into the figure of $320,000 is the same assumption that they talked about at 6% for 7 months and an additional 3% for five months. City Manager Cheney told the Council if they do that for all the other General Fund Employees, he would have to make up the cost of $125,000. City Manager Cheney informed the Council that includes social security and disability insurance,~hich is related to payroll. That $320,000 assumes that, City Manager Cheney continued. He said the total would then be $600,000. If the Fire comes back now, City Manager Cheney said he would figure $30,000 or $35,000. ~ayor Trauger asked if the $320,000 will handle everybody else. City Manager Cheney answered that it handles all the other employees and City Council from the General Fund. Councilman Wright asked if the Council was giving themselves 6% too. City Manager thought the assumption would be 6% now and 3% later. Mayor Trauger commented, "The same way~" To make sure everybody understood it, City Manager Cheney explained that it was 6% + 3%, not 6% + 9%. Councilman deLong asked if the City - 14 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 Manager was on this. City Manager Cheney told the Council that was up to them. He said he only does things on the City Employees administration. The City Manager is up to the Council. Mayor Trauger asked if the Council wanted to go ahead or take a break. They wished to go ahead. Mayor Trauger asked if they wanted to count everybody who works for the City, Council and all. He asked if the Resolution had to be filled in. Before going too far, Mayor Trauger referred to page 143 under the Fire Department of the 1982-83 Annual Budget and said as he reads it, they are one man short in the Fire Marshalls. Now they are Fire Marshall a Fire Safety-andPreven%ion Engineer. City Manager Cheney said that was inappropriate. Mayor Trauger could not understand why they were doing this because the City has had a Fire Marshall established in this position under page 35, Section 24 of the Charter. He asked if they would not have to change that part to do this rather than doing it by budget action. Also, Mayor Trauger was not so sure what they had done with the Fire Safety and Prevention Engineer. Looking at the savings the City has made in the insurance premium and in the insurance rates and the category rates that the City now has, it looked like they had done an outstanding job in fire by the Fire Marshall in this area. Now to change it around and try to find an Engineer, Mayor Trauger was afraid would jeopardize that position. He would rather seek and find the Engineer, bring him in and train him, and when he has been trained, then Mayor Trauger would not mind seeing him be this, but .he did not want to cut the avenue short for internal promotion within the department's. He thought they would put a blockage if they do it this way. That was Mayor Trauger's own personal observation. CounCilman deLong thought that everybody that works as public servants has the vision that someday they will be able to advance. If they are going to do this just when somebody has the oppor- tunity to advance, they may as well forget about the'.Civil Service and the Personnel service and throw it out the window. Franklyr City Manager Cheney advised, one of the problems in the Fire Department is that they have had advances in some cases where they should not have had advances. He stated that he has said that before and he has to repeat it. (2) City Manager Cheney said the City thinks the Fire Marshall's term is a term and a phrase and a position that is not as advanced and as progressive as talking about the Fire Safety Engineer, who has training in that area. City Manager Cheney continued by saying the City thinks it is making an advance going into this that will improve the City's ability and understanding of fire prevention and fire safety over what they would do if they stay with the Fire Marshall kind of thing. He said the City is looking fOr advanced technical knowledge and are looking at an improvement on their relationships with the developers and builders in the area. City Manager Cheney reminded them that they are looking at such complicated things as the Mall and Motorola and other industrial complexes. - 15 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 City Manager Cheney said the City thinks it is necessary to make an advance, and that is what they are doing. It is difficult to measure a direct relationship between fire insurance rates and a lot of other things, Ci of the total department system, water supply, w as almost anything else City Manager Cheney inf~ tion of the Fire Chief that the City move in ty Manager Cheney continued, because a part · the total equipment, the total water ~ter pressUre, is as important in fire rates in the fire system. )rmed the Council that it is the recommenda- ~nd the senior staff in the Fire Department ~is direction and look for this kind of trained individual and )ring him on board. was making this recomme~ was very important in p~ Councilman deLong thoug] more or less to perfect inspection (going out ti on the property) was th~ because he is an Enginel thought the City was coz as this job being a "ha: Town of Palm Beach appo~ did not know why the this guy is not going t~ In the past, City Manag~ guys going out walki~g o] sort of thing. He reit~ improvement in technica~ more technical kind of repeated that this is n, desk any more than anyb~ Cheney told the Council improve the department) will be out doing fire them all out one mornin¢ of the reasons the City- Building Department in so they can increase That was why the City ~dation, for the good of the City, which fogressing and moving on. ~t they had~a department that can function [on there. He felt the problem-with this ~ere by foot and making a proper inspection ~t he could not see setting someone up just ~r. At the present time, Councilman deLong )perating with the developers and insofar ~ been", Councilman deLong asked why the- .nt a Fire Marshall. City Manager Cheney ~n ~of Palm Beach did that. .He stated that sit on his feet. r Cheney recalled they had a couple of . their feet, and they would still have that rated that the City is looking for an ability and experience to get on with a ~hing that the City is faced with. He ~t a person who is going to sit behind a ~dy else is. In fact, City Manager the City hopes (if they continue to that more and more all of the Firefighters ~revention inspections, and they will get in various buildings. That was one is increasing the involvement of the ~lan review and things of that nature ability of the job. City Manager Cheney agr, sd that they do not get out in the field .enough and never ~ave gotten out in the field enough to do fire prevention. Counc lman deLong informed City Manager Cheney that he sees Porter out there and he sees Cavanaugh. City Manager Cheney retorted, "That's not enough!" Co6ncilman deLong said the new man is going to be sitting behind the desk, and he's go- ing to cure it." City Manager Cheney reiterated that nobody is going to sit behind the desk. Councilman deLong added that the Charter specifically calls for the creation ~and the aboliShment 'of positions by the City Council. He said, "Let us stick to it." Councilman deLong did not think this followed proper procedure when they do no% get any advance warning of this, and then it is put in. City Manager Cheney - 16 - MINUTES - SPECIAL CITY COUNCIL ~4EETING BOYNTON BEACH~FLQRIDA SEPTEMBER 27, 1982 advised that it was here before them softhey could make the decision, and they got advance notice of it because it is in the budget and it was requested at public hearing. Councilman deLong believed the proper way would be that if they intend to create these positions, to notify the Council of what they intend to do and let the Council take the action. City Manager Cheney told Councilman deLong that is what they were doing. Councilman deLong said they were doing it with the budget. City Manager Cheney reminded him~ that is what theyhave done every year. Councilman deLong thought it should be an independant operation. City Manager Cheney said that every year, as a part of the budget adoption, they have created positions and got positions. If they want to change the procedure, City Manager Cheney told the Council they should say so. Mayor Trauger did not argue with an Engineer in safety and fire prevention. He stated that would be a technological improvement. Mayor Trauger said it was like taking the elevator man and calling him the Engineer in charge of'vertical transportation. City Manager Cheney disagreed, saying it was not. He stressed that it was an entirely different position. Councilman deLong said what they were doin¢ in that department from advancing~ Mayor T happens to the man who has had 22 or 23 yes there. City Manager Cheney said this was n individual capabilities of people. Council attention to the fact that they had somebod licensed by the State. City Manager Cheney would still be licensed. Councilman deLon¢ is looking to advance, and people in the de for promotions to advance. Now they are gc and bring an engineer in. City Manager Che have done that, and that is part of the Cit man deLong stated that it should not have b was knocking people rauger asked what rs of service working ot the place to discuss man deLong called y over there that is emphasized that he stated that this man Dartment are looking Lng to reach outside ney stated %hat they y's problem. Council- een done the last time it was done in the Fire Department. City Manager Cheney reminded him that~the City Council made the decision. Councilman deLong said they were just stopping these people who are making a career out of being public seryants from advancing. He did no~ think that was right. Mayor TraUger did not mind bringing in an engineer, junior grade, and starting ~im in until he learns the department and the whole Works. He said to let him Work himself up too. Councilman Wright questioned what the salary is for that job. Mayor Trauger did not know. City Manager Cheney advised the Council as to where it was located and said it showed the grade. Mayor Trauger noted that Fire Marshall was ~ Grade 35. Council- man Wright asked what the Fire Marshall position would be claSsified to. Mayor Trauger answered that the Fire M~rshall was reclassified; he is eliminiated in this part of the budge~; the job is now gone. Councilman Wright remarked, "So he becomes ~ngineer." City Manager Cheney explained, !'We don't have a Fire MarShall right now~" - 17 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 Councilman~deLong clarified that the City has a position of Fire Marshall, and the position has not been filled. City Manager Cheney replied, "Right." Councilman deLong stated that now they were abolishing the position and going to move an Engineer in. Mayor Trauger noted that now they were making a Fire Prevention Executive Officer at Grade 35 two grades up. Councilman Wright did not understand the argument and asked, "What would preclude somebody from being promoted into the position that is already in the department? They wouldn't have the background, Is that the question? What's the qualifications?" Councilman Wright further asked if they had to have an engineer. Councilman deLong called attention to the fact that the qualifications were set up so that only an engineer could apply. Now, pending this budget's approval, City Manager Cheney told the Council, the operation of the Fire Marshall's office is being supervised b.y the Fire Chief. Mayor Trauger asked, ~'"What happens to the man if we approve this budget per se?" City Manager Cheney was not going to talk with individual people here, and said it was up to the Council to make the decision. He advised that the City has two Fire Inspectors; one is about to retire, and the other is there. City Manager Cheney informed the Council that both Fire Inspectors aredoing the job they have been assigned to do and will continue to~do itl Mayor Trauger commented that one fellow thought he might be working for the job of Fire Marshall. Councilman deLong pointed out that what they were doing was abolish- ing a job and setting up another position where nobody in that department has the qUalifications to apply for the promotion. He emphatically, said, "That's what you are doing." City Manager Cheney remarked that you can be short sighted or long sighted. Mayor Trauger noted that the Fire Inspector is a Grade 30, and there would be two of them. He asked, "What is a Grade 35 and a Grade 30 in salaries?" Councilman Wright asked, "Didn't we bring in some new employees last night?" Mayor Trauger stated, "We just added six positions." Councilman Wright tkought they brought in a new executive last year at,the end of the year. Mayor Trauger affirmed that they did. Vice Mayor Warnke questioned whether they could not approve the whole thing and maybe have an executive session later. City Manager Cheney advised that they could not'have have an-~executive session. He suggested that never was on college campuses the program of Fire Safety Engineer. It has become a new thing because of changes in construction and codes in the industry. If you didn't ever think you ought to add a new thing,~City Manager Cheney said you would not have the new programs on college campuses that you could take advantage of. Mayor Trauger commented that when some young person gets around to graduating, the City will have time to take a look at this. City Manager Cheney brought out the fact that 'they have graduates. Councilman deLong urged them to forget about the college campuses and think about the practical experience on the job. He called attention to the fact that they have a man who has been working there - 18 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 for years and then you are going to bypass him and bring somebody in from the outside. Councilman deLong advised that then they would ruin all of the incentive for anyone who is working for the City. That was the way he felt about it. Councilman Wright reminded Councilman deLong that they set a precedent a year or so ago and gave some of these other people pQsitions that.~did not have the edUcational background. He asked, "Why not do it for this fellow?" Councilman deLong thought it waS done wrong the last time. Mayor Trauger asked City Attorney Vance if the Council would ~Screw things up.too badly if they approve the City Employees compensation and leave the position as Fire Marshall in it as constituted in the current budget and delete the position of Fire Prevention Executive Officer as in here (the ResolutiOn)'' when they approve it. Mayor Trauger thought they could take a look at that later. Councilman deLong advised that the Council has the authority underneath the Charter. Councilman Wright thought it would be a good idea in the future because that is modern material. He said it might be time bonsuming but suggested an organization chart for each department head to provide, showing where all these new positions would fit in. City Attorney Vance advised that was why the Resolution was before the Council. They have the right to make changes in the contents of the Resolution. Mayor Trauger turned the.gavel over to Vice Mayor Warnke and moved that the salary scaleS~for the City Employees be set at 6% for seven months and 3% for five months and that the position on page 145, recommendation of Fire Prevention Executive Officer, be deleted and the position of Fire Marshall remain in the budget. City Attorney Vance advised that on the motion, he thought the Council intended to let the Firemen come back. with regard to. their salaries. Mayor Trauger said he did, and that he did not make any motion on that. City Attorney Vance disagreed, saying, "Yes, you did. You included that." City Manager Cheney recommended that they amend the Resolution by taking out that position and then pass a separate motion saying they want to keep the Fire Marshall. City Attorney Vance advised that on the fifth line up from the bottom of "SECTION 2" of the Resolution itself, "Fire Prevention Executive Officer" should be deleted and "Fire Marshall" should be substituted. City Manager~Cheney disagreed because they already have a position of Fire Marshall. He said, "Just pass this .with that out and then pass a motion to approve including the Fire Marshall in the budget." Mayor Trauger changed his motion by moving to delete "Fire Prevention Executive Officer" from the fifth line up from the bottom of ~SECTI©N 2" of the Resolution and to delete "Fire Prevention Executive Officer" from page 5 of the Pay Plan (according to the advice of City Attorney Vance)~ and delete pay scale 35 for~ said - 19 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 position. Mayor Trauger further moved that in the place of "Fire Prevention Executive Officer, Pay Scale 35" on page 5 on the "PAY PLAN--1982/83", "Fire Marshall, Pa~ Scale 33" be inserted (in accordance with the suggestion of City Manager Cheney). Mayor Trauger asked if he had to amend Section 2 to include the City Manager and City COuncil. City Manager Cheney answered, "No, because it is not in the classification system." City Attorney Vance affirmed City Manager Cheney's answer. Councilmember Woolley seconded the motion made by Mayor Traugero Mayor Trauger repeated his motion was to delete "Fire Prevention Executive Officer" from the fifth line up from the bottom of "Section 2" of the Resolution and substitute "Fire Marshall"; and on page 5 of the Pay Plan attached, on the top line delete "1970 *FIRE PREVENTION EXECUTIVE OFFICER . .35", and add in there Fire Marshall, Grade 33. At the request of Vice Mayor Warnke, Mrs. Boroni, Deputy Clerk, took a roll call vote on the 'motion to amend~.~.'the Resolution, as follows: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. City Attorney Vance read proposed Resolution No. 82-UUU as amended, by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING PAY PLAN FOR FISCAL YEAR 1982/83 AND ESTABLISHING JOB DESCRIPTIONS FOR CERPAIN MUNICIPAL POSTS" Councilman deLong moved the adoption of proposed Resolution No. 82-UUU as amended, seconded by Vice Mayor Warnke. No discussion. Mrs. Boroni took a roll call vote on the motion, as requested by Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. - 20 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 27, 1982 ADJOURNMENT A motion was made by Councilman deLong to adjourn, seconded by Councilmember Woolley, and the meeting adjourned at 8:40 P. M. ATTEST: CITY OF BOYNTON BEACH Vice Mayor Cbuncilmember/~ Councilm~ ~ City Clerk Record±n~ Sec~tary (Two Tape~}t - 21-