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Minutes 08-04-81MINUTES OF THE REGULAR MEETING OF THE CITY ~COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 4, 1981 PRESENT Edward F. Harmening, Mayor Walter "Marry" Trauger, Vice Mayor Joe deLong, Councilman Samuel Lamar Wright, COuncilman ABSENT Patricia Woolley, Councilmember (Excused) Peter L. Cheney, City Manager Bet%~o~Q~%~'~gp~t~.~C~lerk James Vance, City Attorney M~yor Harmening welcomed everyone and called the meeting to order at 7~30 P. M. He announced the invocation would be by Rev. Benjamin Tidwell, Pastor, westside Baptist Church, which would be followed i~mediately by the Pledge of Allegiance to the Flag, led by Mr. Peter L. Cheney, City Manager. AGENDA APPROVAL Vi A~ ~e Mayor Trauger requested the addition of four items under "X. ~INISTRATIVE", as follows: D. Holiday Inn E. Status Report on the Water Conservation F.~ Sweeping the Overpasses Over 1-95 G. Status Report on Mowing of Vacant Lots C~.uncilman deLong said he believed "V. B, CONDITIONAL USE to o~erate a Child Care Center, Lots 21 & 22, CRESTVIEW, 333-337 S. E. 22rd Avenue, Boynton Beach, FlOrida" should be stricken from the A¢'enda because the Planning and Zoning Board had tabled it. City M~.nager Cheney advised it had been placed on the Agenda because the h~aring had been advertised. Mr. Cheney asked City Attorney Vance w~ether the Council had to proceed with the hearing or continue it t¢~ a later date. City Attorney Vance advised the Council should w~it until 8:00 P. M. to make a decision. Councilman deLong said t~.e Council should take into consideration that they have no r~port from the Planning and Zoning-Board. City Attorney Vance s~id the Council can either strike it or consider tabling it until s~.ch time as a report is received from the Planning and Zoning Beard. CJ VI Cf ty Manager Cheney asked that "8. Proposed Resolution No. 81- : Accepting Final Plat of Dos Logos P.U.D. be added under I. LEGAL: D. Other." uncilman deLong moved, seconded by Vice Mayor Trauger, to adopt Agenda as corrected. Motion carried 4-0, MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 ANNOUNCEMENTS Mayor Harmening announced that Councilmember Patricia Woolley offered her apologies for not being at the meeting, She is on vacation. MINUTES Regular City Council Meeting 'of J~ul'y '2'1, 198] Councilman Wright moved, seconded by Vice Mayor Trauger, for the adoption of the minutes as presented. No discussion, Motion carried 4-0. PUBLIC AUDIENCE Mayor Harmening stated if anyone in the audience would like to speak on any item not on the Agenda, they may do so at this time. He added if anyone would like to speak on an item on the Agenda, to please give their name to the City Clerk, and they will be called upon when that item is the regular order of business. BIDS Purchase of Inven'tory Clay 'Pipes -'Utilities City Manager Cheney said the City had checked the price of the clay pipes with another supplier and were convinced that the offer made to them by Aberdeen Construction in the amount of $3,875.00 is a fair offer, lower than what they could buy the pipes for on the open market, the kind of piping they use in the City, and he requested authorization of the expenditure of that amount of money for the pipes. Councilman deLong moved to authorize the expenditure, seconded by Vice Mayor Trauger. Motion carried 4-0. 85,000 Square Feet of Sod for Rolling Green School Soccer Field,/ Miner Road - Recreation & Parks City Manager Cheney informed the Council there were four bids for this item, and the lowest bid was from Kent Ewing Enterprises. He recommended the Councili~isb~uld award the bid, with the understanding that they would keep the bid at the price they quoted for as long as possible, as the City does not plan to proceed with sodding at this.time due to the water shortage. Vice Mayor Trauger moved to authorize~the purchase of'185,000 ~feet of sod from.Kent Ewing Enterprises in the amount of $7,225.00~and for City Manager. Cheney to negotiate With Kent Ewing Enterprises to see how long the bid can be kept open based on the current water shortage. The motion was seconded by Councilman Wright. No discussion. Motion carried 4-0. - 2 - MINUTES - REGULAR CItY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 Wilson Park Concr'ete 'S'lab for'B'as~k'etball court - Recr~eation & Parks City Manager Cheney advised that this is a step to do a $70,000.00 reconstruction project at Wilson Park in the area where the basket- ball court would be, just to the east of the pool building. Two bids were received, with the low bid being frOm-John P. Niebel, Boynton Beach, in the amount of SR,100.00. Mr. Cheney recommended authorization of the bid. Councilman deLong moved, seconded by Vice Mayor Trauger, to accept the recommendations of the Tabulation Committee and the City Manager and award the low bid for the concrete slab at Wilson Park to John P. Niebel, in the amount of $9,100.00. No discussion. Motion carried 4-0. Wilson Park Basketball and Security Lighting City Manager-Cheney said only one bid was received. The Tabulation Committee recommended acceptance of the bid as they ~were satisfied the price was fair. He requested the bid be awarded to A.C.H. Electrical Construction,.Lake Park, in the amount of $1,940.00. Councilman deLong moved to award the bid to A.C.H. Electrical Construction, Lake Park, in the amount of $1,940.00, based on the recommendation of the Assistant City Engineer. Vice'Mayor' Trauger seconded the motion. Councilman Wright asked if the security lighting was similar to the lighting on Atlantic Avenue. Mr. Charles Frederick informed Mr. Wright the lighting applies to the parking lot and around the pool and is sodium vapor lighting. Motion carried 4-0. Councilman deLong moved to dispense with the regular order of business and move to "VI. DEVELOPMENT PLANS", skipping "V. PUBLIC HEARING" until 8:00 P. M. The motion was seconded by Vice Mayor Trauger. Motion carried 4-0. DEVELOPMENT PLANS Preliminary Plat Approval - Boynton Beach Industrial Park North (West of 1-95, North of Industrial Avenue and South of the Boynton Canal) TABLED Councilman deLong moved, seconded by Vice Mayor Trauger, to remove the item from the table. Motion carried 4-0, Mr. Carmen Annunziato stated the item was put on the table to allow the staff time to review the instal!lation of the concrete wall. The applicant has assured them a c~ncrete louvered wall can be constructed, relatively maintenance free, and can be maintained from one side and constructed from one side. He recommended that the preliminary plat be approved, subject to staff comments. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 City Attorney Vance advised he had talked to the attorney represent- ing the developer with regard to the property owners' association documents submitted to him by the applicant. He said he thought the modifications the City feels are necessary will be made and everything will be worked out prior to the final plat. Councilman deLong moved, seconded by Councilman Wright, to approve the preliminary plat subject to staff comments and the City Attorney's approval of the documents of the association. No discussion. Motion carried 4-0. Site Development Plans - Antonio Velardo, submitted by John Pagliarulo to construct a 270 seat "Duff's-Restaurant" located on U. S. ~1 between N. E. 15th Place and Ocean Inlet Drive Carmen Annunziato informed the Council that the application was reviewed by the Technical Review Board with a recommendation to the Planning and Zoning Board, subject to staff comments, as follows: Building Dept.: 1. Board of Health approval will be required. 2. Hotel and Restaurant Commission review number will be required, 3. Four ~4) handicap parking spaces will be required and all other handicap require- ments met with. 4. Complete sidewalk around curb on Ocean Inlet Drive. 5. Two hundred and seventy (270) seat restau- rant indicated on plans schedule, however, square footage of seating area will accommodate three hundred & fifty five (355) persons. 6. Submit plan indicating fixed and permanent seating for the two hundred & seventy (270) seats indicated. Engineering Dept: 1. Elevations to be shown for adjacent streets. 2, Additional pavement elevations are necessary. All catch basins (Type "C"?) to have elevations shown. 3. Plans are required to show alterations planned on US-1 and to be approved by the D.O.T. 4. Show existing pavement for Ocean Inlet Drive on site plan. Police Dept.: Place Stop signs at all exits, Mr. Annunziato said there are three exits, one at Ocean Inlet Drive, one on U. S. 1, and one on 15th Place. - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST ~4, 1981 Planning Dept.: (1) Align drive onto NE 15th Place with proposed drive to North. (2) Extend sidewalks thru driveways. The Planning and Zoning Board unanimously recommended that the plan be approved, subject to staff comments. There were some changes made in the landscape plan by the Community Appearance Board, but it also comes from the Community Appearance Board with a positive recommendation. Councilman deLong moved to accept the recommendation of the Planning and Zoning BOard and approve the site plans submitted by John Pagliarulo, Agent for Antonio Velardo, to construct a 270 seat "Duff's Restaurant", subject to all staff comments. Vice Mayor Trauger seconded the motion. Mayor Harmening asked Mr. Pagliarulo if he agreed with the staff comments. Mr. Pagliarulo said 'he had no objections. Mayor Harmening asked about the seating, Mr. Pagliarulo said the parking was Limited but they were trying to work out. arrangements where they may be able to use an additional area and possibly increase the parking area, He explained that Duff's is a chain from Ohio with thirty locations spread from Miami through the West Palm Beach area. It is a smorgasboard restaurant operating from 11:00 A. M. through 3:00 P. M. and then again from 4:00 P. M. until 8:00 P. M. Councilman Wright asked Mr. Carmen Annunziato, City Planner, if he had looked at traffic conditions along U, S. 1, and people coming from N. E. 15th Avenue onto U. S. 1. Mr. Annunziato said they did not anticipate any problems. Motion carried 4-0. Modified Site Development Plans - Tract "A" Hunters Run, 3500 Club- house Lane, to'construct 8 units and parking lot modifications Mr. Carmen Annunziato, City Planner, presented the site plan, which he said was a modification of the existing Tract A~. He explained it accommodates the construction of ~eigh% additional units plus the addition of some parking to the east of Southport Lane and the removal of some existing pavement on the west side of Southport Lane. The models will be converted into units for sale, with the exception of the unit in the northernmost and westernmost point in Tract A, which will be retained as an office, The Technical Review Board made the following comments: Engineering Dept.: Planning Dept.: Grades and elevations are required for parking lots. Access office bldg. from Southport Lane in future. ~The proposed office is to be accessed from Summit Drive, In the long run, the solution is to remove the driveway off of Summit and - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 connect the parking lots so that the two units coming for sale will be served by Southport Lane. Mr. Annunziato said the Planning and'Zoning Board unanimously recommended the plans subject to staff comments. Vice Mayor Trauger moved to accept t-he modified site development plans, subject to staff comments. Councilman Wright seconded the motion. No discussion. Motion carried 4-0. Modified Site Development Plans - Colonial Associates, submitted by Frederick Prout, Agent, to comply with Fire Marshal's request for tree location - Site location is 12'00 South'Federal Highway Mr. Carmen Annunziato, City Planner, told the Council this was a clean-up site plan for COlonial Center, the office building being constructed just to the Nor.th of the International House of Pan- cakes Building. The application is for changes in the site owing to the location of trees and the DOT permit plus staff comments. It was sen~ to the Planning and Zoning Board with a positive recommendation and comes to the Council with a positive recommenda- tion from both the Board and the Community Appearance Board with no comments. Councilman deLong moved to accept the unanimous recommendations of the Plann~ing and Zoning Board and the Community Appearance Board and approve the modified site development plans. The motion was seconded by Councilman. Wright. No discussion. Motion carried 4-0. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 81-23 Re: Law Enforcement, Education and Training Fund City Attorney VanCe read proposed Ordinance No. 81-23 on second and final reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 1, 'GENERAL PROVISIONS', SECTION 1-7, 'COSTS ASSESSED FOR LAW ENFORCEMENT EDUCATION" OF THE BOYNTON BEACH CITY CODE, 1981 CODIFICATION; PROVIDING FOR A TWO DOLLAR ($2.00.) ASSESSMENT AS ADDITIONAL COURT COSTS AGAINST EVERY PERSON CONVICTED FOR VIOLATION OF MUNICIPAL ORDINANCES AUTHORIZED BY SECTION 943.25 OF THE FLORIDA STATUTES; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECTIVE DATE AND FOR OTHER PURPOSES." - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 Mayor Harmening asked if anyone in the audience wanted to speak in opposition t~ this proposed ordinance and received no response. He asked if anyone in the audience wanted to speak in favor of this proposed ordinance and received no. response. Councilman deLong moved the adoption of Ordinance No. 81-23 on second and final reading, No discussion, Mrs. Betty Boroni took a roll call on the motion as follows: Mayor Harmening Vice Mayor Trauger Councilman deLong Councilman Wright Motion carried 4-0. Aye Aye Aye .Aye Ordinances - 1st Reading Proposed Ordinance No. 81,-25 Re: REZONING from C~2 to R-2 North side of N. W. 1st Avenue between N. W. 6th Street and N, W. 7th Street City Attorney Vance read proposed Ordinance No. 81-25 on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY RE- ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM C-2 'NEIGHBORHOOD COMMERCIAL DISTRICT' TO R-2 'SINGLE AND TWO-FAMILY DWELLING DISTRICT~; PROVIDING FOR A SAVINGS CLAUSE; REPEAL- ING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PUR- POSES.'' Councilman deLong moved the adoption of proposed Ordinance No. 81-25 on first reading, seconded by Vice Mayor Trauger. No discussion. Mrs. Boroni took a roll call on the motion as follows: Vice Mayor Trauger Councilman deLong Councilman Wright Mayor Harmening Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 81-26 Re: LAND USE AMENDMENT from Retail Commercial to Residential (Duplex) City Attorney Vance read proposed Ordinance 81-26 on first reading, by title only: - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON'BE~CH, FLORIDA~ AUGUST 4, 1981 "AN O~RDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79~24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY CHANGING'THE L~ND USE OF CERTAIN PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER FROM LOCAL RETAIL TO MEDIUM DENSITY RESIDENTIAL; PROVIDING FOR A SAVINGS CLAUSE; A REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman deLong moved for the adoption of proposed Ordinance No, 81-26 on first ~reading, .seconded by Vice Mayor Trauger. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong Councilman Wright Mayor Harmening Vice Mayor Trauger - Aye - Aye - Aye ,- Aye Motion carried 4-0, Proposed Ordinance No. 81-2'7 'Re': Zoning - Time Sharing Hotels City Attorney Vance read proposed Ordinance No. 81-27 on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO ZONING; AMENDING' APPENDIX A 'ZONING", CODE OF ORDINANCES, to DEFINE TIME SHARING HOTEL, TO INCLUDE WITHOUT LIMITATION ANY BUILDING OR PART THERE- OF IN WHICH THE RIGHT OR USE OR OCCUPANCY OF ANY UNIT CIRCULATES AMONG VARIOUS OCCUPANTS IN ACCORDANCE WITH A FIXED TIME SCHEDULE ON A PERI'ODICALLY RECURRING BASIS, AND REQUIRING TIME SHARING UNITS TO BE A MINIMUM OF 750 SQUARE FEET PER UNIT, AND TO AMEND SECTION 6C-1 OF APPENDIX A 'ZONING' TO INCLUDE AS A PERMITTED USE, TIME SHARING HOTEL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING FOR A SAVINGS CLAUSE; EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved for the adoption of proposed Ordinance No. 81-27 on first reading only, seconded by Vice Mayor Trauger. Mrs, Boroni took a roll call on the motion as follows: Mayor Harmening Vice Mayor Trauger CoUncilman deLong Councilman Wright Aye Aye Aye Aye Motion carried 4-0. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 19.81 Councilman deLong moved, seconded by Vice Mayor Trauger~' to return to the regular order of business. Motion carried 4-0. PUBLIC HEARING - 8:00 P. M. ABANDONMENT of 10~' alley lyinq between Lots 7, 8 & 9, ARDEN PARK Applicant: FrederiCk J. Violette and Robert L. Schurer,_V & C, Inc. ~ ........... Mr. Carmen Annunziato, ~City Planner, informed the Council that this is an application to abandon an alley in cross prOximity to City Hall. The applicati6n has been reviewed by the staff and comes to the Council with positive reconunenda%ioh 'by. the Planning and Zoning Board that the alley be abandoned, subject to ~the applicant dedicating to the City utility easements over the entire alley. City Attorney Vance asked that the word "public" b~ added to the motion, so they would be called public utility easements. Mayor Harmening asked if anyone in the audience wanted to speak mn favor of the proposed abandonment and received no response. He asked if anyone in the audience wanted to speak in oppQsition to the proposed abandonment and received no response. Councilman deLong moved to accept the unanimous rec.ommendat'!on of the Planning and Zoning Board and approve the abandonment request, direct the City Attorney to prepare the appropriate Resolution accepting the dedication of the public easements for utilities, and read the Resolution at the next Council Meeting, City ~ttorney Vance added, "assuming the new owners submit the appropriate documentation for the easement grants," Vice Mayor Trauger seconded the motion. No discussion. Motion carried 4-0. CONDITIONAL USE to operate a Child Care Center, Lots 21~& 22, CRESTVIEW, 333-337 S. E. 23rd Avenue, 'BOynton B~each, Florida City Manager Cheney explained that the Council may not have any material on this item, as it was held by the Planning and Zoning Board and not forwarded because it had been tabled. It was placed on the Agenda because the hearing had been advertised. City Attorney Vance advised that inasmuch as no action had been taken by the Planning and Zoning Board~ 'it would probably be appropriate for the City Council to take the matter into consider- ation. He suggested the appropriate method would be to strike it from the Agenda at this point and time and readvertise it when action has been taken by the Planning and Zoning Board. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 Councilman deLong moved, seconded by Councilman Wright, to strike the item from the Agenda. Motion carried 4-0. VARIANCE from Article XVI, Section 1 of the Subdivision & Platting Regulations to allow a "T" Turnaround, in lieu of the normally required 80 ft. diameter paved cul-de-sac turnaround - Boynton Isles Subdivision, Pl'at II Mayor Harmening asked the Council if they had any questions. Councilman deLong noted the City Engineer agreed that the appli- cant complied with the Or.dinance. City Manager Cheney stated it was his thought that the Public Hearing m~ght bring forth some information that could be referred back to the staff for review again, based on testimony they might hear at this meeting. Mayor Harmeninq asked if anyone in the audience wanted to speak in favor of the proposed variance. Mr. Martin Murphy, owner of the property, presented sketches to the Council to show why they are asking for a variance. He proposed the "T" turnaround because they cannot do the turnaround as the diameter of the turn- around would completely eliminate Lot A and would almost eliminate Lot ~7. The plot was laid out and then Sterling Village was laid out and built from opposite ends. The 80 foot turnaround would take part of Sterling Village, which they do not own. Mr. Murphy stated all they were trying to do is develop the area, get the private street in, and get a sensible turnaround. Vice Mayor Trauger asked whether Mr. Murphy developed the lots to the opposite side and Mr. Murphy said they did, and they are single family dwellings. Mr. Murphy added that these homes will also be single family dwellings. Mayor Harmening asked if anyone in the audience wanted to speak in opposition ~ the proposed variance. Councilman deLong moved to refer the variance back to the staff for additional consider- ation, seconded by Councilman Wright. Mayor Harmening said it seemed to him the Ordinance indicates it would be impractical to grant it, but the Council would see What the staff has to say. Councilman deLong remarked that he thought it was the Council's responsibility to eliminate hazards, not create them. Mr. Murphy stated he thought the staff was aware of all of the changes he presented and he wondered why the public hearing was called in the first place. He wanted to know if there was a reason why it had to go back to staff again. Mr. Murphy said he had talked to everybody and did not know there were any more problems. Mr. Carmen Annunziato and Mayor Harmening both agreed that at this point, it was strictly up to Council. - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 City Manager Cheney commented that it seemed to him the issue was a question of fairness. It seemed to him that the rationale to avoid building a cul-de-sac just to get one more lot was an interesting argument, but he felt it should be considered. Mr. Cheney asked that the Fire Department. review it again, as it is a narrow, 10ng area, and he wondered about access and turning around. Mayor Harmening .asked what the Fire. Depart.merit had said when they reviewed it, and City Manager Cheney replied %hey saw no problem with it. Mr~ MurPhy said he talked to the Chief of the Fire Department and he saw no problem. He went to each department, and'there was a problem with Public Works. Public Works had some new trucks coming in, so they waited to make sure the garbage trucks could turn around. The garbage trucks have a shorter wheel base than the fire trucks. Mr. Murphy could not understand why it has to be looked at again. He said it had been delayed fo~ al-m0st a year~ waiting for it to be brought to the Council. City Manager Cheney asked Mr. Murphy what matter caused the delay, Carmen Annunziato, City Planner, said the longest delay w~s in waiting for the applicant to come up with a design that wpuld meet t~e needs of turning the trash vehicles, In faCt, Annunziato continued, Mr~ Murphy's engineering firm took a long time doing some design. At that time, the cul-de-sac was addressed, and the Planning and Zoning Board approved the ~pplication subject to the standard cul-de-sac. Mr. Annunziato said it was i~itia'lly proposed that there be a "T" turnaround, and staff commented it was inconsistent with the Code. The Planning and Zoning Board acknowledged that. Vice Mayor Trauger commented he looked at the property and found no objection to the "T" turn, but if you set this -one on ~ "T" turn, you set a precedent for other items. He asked Mr, ~nnunziato if such a circumstance as this had ever been accepted before, Mr. Annunziato answered, "Not to my knowledge." The motion to refer the variance back to the staff for additional consideration carried 4-0. Vice Mayor Trauger moved, seconded by Councilman de Long, to revert back to the regular order of business, M~tion carried 4~0, LEGAL Ordinances - 1st Reading Proposed Ordinance No, 81-28 Re: of the Police Retirement Proqram 20 Year Retirement for Members - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 City Attorney Vance read proposed Ordinance No. 81-28 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18 'PENSION RETIREMENT~ ARTICLE III, 'PENSIONS FOR POLICE OFFICERS' BY ENACTING SECTION 18-169 'NORMAL RETIREMENT DATE' OF THE BOYNTON BEACH CITY CODE, 1981 CODIFICATION, BY PROVIDING NOTWITHSTANDING THE PROVISIONS OF CHAPTER 185 THAT ALL MEMBERS OF THE PENSION PLAN ON ACTIVE DUTY AS OF THE ADOPTION DATE OF THIS ORDINANCE SHALL BE ELIGIBLE TO RETIRE AFTER 20 YEARS OF SERVICE NOTWITHSTANDING THEIR AGE; BY ENACTING SECTION 18-170 PAYROLL DEDUCTIONS OF THE BOYNTON BEACH CITY CODE, 19.81 CODIFICATION TO PROVIDE FOR A DEDUCTION OF 7% FROM EACH INSTALLMENT OF SALARY AS A CONTRIBUTION TOWARDS THE PENSION FUND; PROVIDING FOR REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PRO- VIDING AN EFFECTIVE DATE; PROVIDING FOR AUTHORITY TO CODIFY AND FOR OTHER PURPOSES," Councilman deLong moved the adoption of proposed Ordinance No. 81-28, seconded by Vice Mayor Trauger, on first reading. Councilman deLong stated he thought it would be appropriate for the secretary's report to be sent to Tatlahassee with the Ordinance that has to go to the Bureau. He said further, the secretary's communication or report should be a matter of public record because it outlines justification of action by the Board, which was unanimous. Councilman deLong said he was referring to a communication sent to the City Manager under date of June 24th, 1981 from the Secretary of the Board. City Attorney Vance said, for the record, there was a memorandum dated August 3, 1981 from his law office to City Manager Cheney. Paragraph 2 sets forth that the change must be approved by the Division of Retirement based upon an actuarial evaluation. City Attorney Vance said, therefore, there is no final adoption. Unless the State is more speedy than it used to be, the Ordinance will not come up for the next meeting of the Council. The second reading will be delayed until such time as the appropriate documentation is returned from Tallahassee. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Trauger - Aye Councilman deLong - Aye COuncilman Wright - Aye Mayor Harmening - Aye .Motion carried 4-0. - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 Proposed O~dinance No. 81-29 Re: tion with BoyntonRegi'onal' Park ANNEXATION & ZONING in conjunc- City Attorney Vance read proposed Ordinance 81-29 on first reading, by title only: "AN ORDINANCE 0 BEACH, FLORIDA OF LAND THAT I PALM BEACH COU CONSTITUTE A R TERRITORY PURS OF LAND, REQUE F THE CITY COUNCIL OF THE CITY OF BOYNTON , ANNEXING A CERTAIN UNINCORPORATED TRACT S CONTIGUOUS TO THE CITY LIMITS WITHIN NTY AND THAT WILL UPON ITS ANNEXATION, EASONABLY COMPACT ADDITION TO THE CITY UANT TO A PETITION OF THE OWNER OF SAID TRACT STING ANNEXATION PURSUANT TO SECTION ~7(~32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA AND FLORIDA STATUTES 17t~.'044; PROVIDING THAT ORDINANCE NO. 80.19 OF THE CITY IS HEREBY AMENDED TO REFLECT THAT THE ZONING OF SAID TRACT OF LAND SHALL BE WITHIN THE (REC) ~RECREATION~ DISTRICT OF THE CITY; AMENDING SECTION 6 AND 6A OF THE CITY CHARTER BOUNDARIES AND BOUNDARIES AND TERRITORIES OF GREATER BOYNTON BEACH AREA TO INCLUDE THE SKID PARCEL; PRO- VIDING FOR THE AMENDMENT OF ORDINANCE 79-24 BY DESIGNATING THIS PARCEL OF LAND ON THE LAND USE ELEMENT OF THE COMPRE- HENSIVE PLAN AS RECREATIONAL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; AUTHORITY TO CODIFY; PROVIDING FOR ADVER- TISING; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 81-29, seconded by Councilman Wright, on first reading. No discussion, Mrs. Boroni took a roll call on the vote as follows: Vice Mayor Trauger Councilman deLong Councilman Wright Mayor Harmening Motion carried 4-0. Aye Aye Aye Aye RESOLUTIONS Proposed Resolution No. 81-NN Re: Accepting Final Plat of Tract "N" (Hunters Run) of the 'summit, Plat I City Attorney Vance read proposed Resolution No. 81-NN by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING PLAT OF TRACT 'N' HUNTERS RUN OF SUMMIT PLAT NO. I, A SUBDIVISION WITHIN THE CITY OF BOYNTON BEACH AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of Resolution No. 81-NN, seconded by Vice Mayor Trauger. No discussion. Mrs. Boroni took a - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 roll call vote on the motion as follows: Councilman deLong Councilman Wright Mayor Harmening Vice Mayor Trauger Aye Aye Aye Aye Motion carried 4-0. Proposed Resolution No. 81-00 Re: Accepting Improvements and Releasing Bond - That port±on of Hunters Run (Summit Associates, Ltd.) formerly known as Parcel 1, Charter World (Palmland Develop- ment Corp.) City Attorney Vance read proposed Resolution No. 81-OO by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE PUBLIC ROADS, STORM SEWERS WITHIN THE PUBLIC RIGHTS-OF-WAY AND WATER AND SEWER LINES FOR MAINTENANCE AND OPERATION FOR THAT PORTION OF HUNTERS RUN (SUMMIT ASSOCIATES, LTD,) FORMERLY KNOWN AS PARCEL 1, CHARTER WORLD (PALMLAND DEVELOPMENT CORP.)" Councilman deLong moved the adoption of proposed Resolution 81-OO, seconded by Vice Mayor Trauger. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright Mayor Harmening Vice Mayor Trauger Councilman deLong Aye Aye Aye Aye Motion carried 4-0. Proposed Resolution No. 81-PP Re: Accepting Improvements and Releasing Bond - Cedarwood Villas, Phase II City Attorney Vance read proposed Resolution No. 81-PP by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE PUBLIC ROADS, STORM SEWERS WITHIN THE PUBLIC RIGHTS-OF-WAY AND WATER AND SEWE~R LINES FOR MAINTENANCE AND OPERATION FOR CEDARWOOD VILLAS, PHASE II." Councilman deLong moved the adoption of proposed Resolution 81-PP, seconded by Councilman Wright. No discussion~ Mrs. Bodoni took a roll call vote on the motion as follows: Mayor Harmening Vice Mayor Trauger Councilman deLong Councilman Wright Aye Aye Aye Aye Motion carried 4-0. - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 Proposed Resolution No, 81-QQ Re: ing Bond - Quail 'Ridge NOrth ~ Accepting Utilities and Releas- City Attorney Vance read proposed Resolution No. 81-QQ by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE UTILITIES FOR QUAIL RIDGE NORTH." Councilman deLong moved to adopt proposed Resolution No. 81-QQ. motion was seconded by Vice Mayor Trauger. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: The Vice Mayor Trauger Councilman deLong Councilman Wright Mayor Harmening Aye Aye Aye Aye Motion carried 4-0. Proposed Resolution No. 81-RR Re: Lakes, Plat I Re: Reducing Bond - Boynton City Attorney Vance read proposed Resolution No. 81-RR by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING PERFORMANCE BOND FOR BOYNTON LAKES, PLAT I." Councilman deLong moved the adoption of proposed Resolution No. 81-RR. The motion was seconded by Vice Mayor Trauger. No discussion, Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong Councilman Wright Mayor Harmening Vice Mayor Trauger Aye Aye Aye Aye Motion carried 4-0. Proposed Resolution No. 81-SS Re: ment Agency Establishing Community Redevelop- City Attorney Vance read proposed Resolution No. 81-SS by .title only: "A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, TO ESTABLISH A BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY." Vice Mayor Trauger asked which area was the blight and which was the slum. 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 City Manager Cheney informed the Council that the suggestion encompass- ing the resolution was for the City to take it in two or three phaSes, It was suggested that the agency be established, After that, the Council can do one or two things. They may want to address the members of the agency at the next.meeting and then address a general±zed area of slum or blight, or it could be done vice versa. He advised the Council they could address a generalized area of slum or' bligkt and identify some of the things that make it that way, such as parking, and then establish the members of the agency. The agency wOuid~then meet with its members and proceed to develop a more defined area Of~tu,m or blight. The final design area should be done after the agency is appointed. Councilman deLong moved to adopt proposed Resolution 81-SS, seconded by Vice Mayor Trauger. No discussion. Mrs. Boroni took a roll call vote on'the motion as follows: Councilman Wright - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Motion carried 4-0. Proposed ~Resolution No. 81-TT Re: Grant Proposal to Community Services Trust Fund for Central Dispatch Center Telecommunication Device for Communicatively Impaired. City Attorney Vance read proposed Resolution No. 81,TT by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AN APPLICA- TION TO THE DEPARTMENT OF COMMUNITY AFFAIRS, OFFICE OF COMMDNITY SERVICES FOR FUNDS AVAILABLE TO LOCAL GOVERNMENTS THROUGH THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT OF 1974 FOR DEMONSTRATION A~D RESEARCH PBO3-SETS; FOR THE PURPOSE OF DEVELOpING T~.VCOMMDNICATION SYSTEMS FOR COMMUNICATIVELY IMPAIRED." Councilman deLong moved the adoption of Resolution No. 81-TT, seconded by Vice Mayor Trauger. City Manager Cheney commented that the City is acting as a conduit for this grant from the State for the central dispatch agency. The Cooperative Dispatch Center cannot apply directly for these funds, and the City agreed to do it. Councilman Wright said he felt there was a need for it, and he thought it was great that the CoUncil and City could support something like this. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 4-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1981 Proposed Resolution No. 81-UU Lagos P.U.D. Re: Accepting Final Plat of Dos City Attorney Vance read proposed Resolution No. 81-UU by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING PLAT OF DOS LAGOS P,U,D. A SUBDIVISION WITH- IN THE CITY OF BOYNTON BEACH AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Resolution No. 81-UU, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Trauger Councilman deLong Councilman Wright Mayor Harmening Aye Aye Aye Aye Motion carried 4-0. Other City Attorney's Report Re: Procedure for Union Negotiations City Attorney Vance said he had responded to the questions propounded by Councilman deLong at the last City Council Meeting. As the memorandum from City Attorney Vance to the Mayor and City Council, dated July 31, 198t, was lengthy, Councilman deLong moved to append the report from City Attorney James W. Vance re the procedure for Union negotiations to the minutes, to be made a part of the record for this meeting. The motion was seconded by Council- man Wright. No discussion. The motion carried 4-0, OLD BUSINESS Golf Course Report City Manager Cheney read his report regarding the "Effects of Water Shortage - Golf Course" to the Council, as follows: "I was recently informed by our golf course engineer that South Florida Water Management District is hold- ing baCk on issuing additional water withdrawal permits throughout the area because of the drought conditions and that they would not be issuing permits until the drought is over. This decision, obviously, has an impact on the timing of the City's Municipal Golf Course. The City would not want to be in a position of planting grass and not being able to irrigate it." - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA -AUGUST 4, 1981 "It has been anticipated that we would want to be irrigating the course sometime in March or April, 1982, which is estimated to be the dryest season of the year and the most serious problem for added water withdrawal, The City Attorney and I met with Jack Malloy of South Florida Water Management District on July 31, 1981 to discuss this matter. It appears that, if the City proceeds to submit an application for a Water withdrawal permit effective in JUly, 1982, the permit will be granted. The result of this is a three or four month delay 'in the golf course bidding, financing and construction schedule. I have asked yon Hagge and Devlin's office to provide me with a revised construc- tion schedule and I~hope to have that available for further report to the'City Council at its meeting on August 4, 1981." City Manager Cheney said a schedule was attached and it ends up being a two or three month delay. It .says the City will be planning in October,-t982.~instead of July,'as'originally planned. The City had originally planned to be irrigating sometime in March or April, 1982. Consider Establishing High Point Recreation Land Value City Manager. Cheney advised that at an earlier meeting there was a discussion about the land value, and there was no solid evidence as to what it was. The developer was encouraged to obtain an appraisal, which he did from one of the appraisers on the City Attorney's approved list, and the appraised land value is $25,333.33 per acre. Mr. Cheney recommended the Council set that value as the value of the recreation land. Mr. Cheney informed Councilman ~eLong the value was originally $30,000.00 but this was the appraised value. Councilman deLong moved, seconded by Councilman Wright, to accept the appraisal for the land value for ~igh pOint of Delray in the amount of $25,333.33 per acre. Motion carried 4-0, Carmen Annunziato, City Planner, requested,-since th~ above item was determined, that the Council take steps to approve the preliminary plat, subject to staff comments. Vice Mayor Trauger moved that t~he item be added to the Agenda at 'this time, seconded by Councilman deLong. Congress High Poin~ - Preliminary P'la~ Councilman deLong moved, secOnded by Councilman W~igh~, to approve the preliminary plat for Congress High Point with the land value of $25,333.33 per acre, subject to staff comments. No discussion. Motion carried 4-0. - 18 - MINUTES - REGULAR CITY cOuNcIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1R81 City Manager Cheney informed the Council he had a copy of the appraisal in'his office, if anyone cared to look at it.'~ ADMINISTRATIVE Donation from Cast Off SqUare Dance 'Club CounCilman deLong moved to ac( thanks in an appropriate lett~ tion, and to put the money to Square Dance Club. Vice Mayo~ discussion. Motion carried 4 Request to Transfer Title on f ~ept the $1,000.00 donation with ~r expressing the Council's apprecia- the uses suggested by the cast~off Trauger seconded the motion. No 0. emetery Lots Councilman deLong moved to approve the transfer of ownership of Cemetery Lot 306, Block M, BOynton Beach Memorial Park, Addition #1 to Alex and Lucille KnOpic~ 270 C High Point Court, Boynton each, Florida, for a tr~nsfe~ fee of $15,00 to be paid by Alex and Lucille Knopic. The selling ~rice is $130~'00.' The'motiOn was seconded by Vice MaYor Trauger. 'No .disCussion. Motion carried 4-0. Approval of Bills ~ity Manager Cheney read the 1. Allied Chlorine &~ Ch~nical Prod. Chlorine for Water Treatment Pis Pay frc~ Water & Sewer Revenue following bills for approval: nt 401-332-533-30-63 2. Artic Air-Conditioning .& Leaf_in§ Installation 15 ton compressor Civic Center- Pay frc~ General FUnd 001~192-519-40-35 3. City of Boca Raton Operational cost for Apri,1, May md June, 1981 fo~ South Palm Bch. County' COOperative Dispatch Center Pay from General Fund 001-2.11-521-40-79 49~ ~ .' '-i _ ~- '..- :-~ -' " ~ "-" the hearing imPaired. Mayor RM~u~nme~o~nr9a.l~u~q~e~i~i~y:' 'M~nager:: Chen:ey to ask-.'-abOi Harmeninq said the billsWere inow rather astronomical for South Palm Beach County Coopez City would not get into mor, e c the City would be buying the d hearing will get their own der they can get the same benefits Center as other people, but th purchase and installation of t $ 21684.40 1,970.00 ative Dispatch Center and hot osts in the future. Mr. Chez evice, then people who are h~ ices for in their houses, Ti from the Cooperative Dispat¢ e only cost to the City is tl his one item. 090.00 ~t .the '.he ,ed the .ey said .rd of ~at way ~h .e - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST Mr. Cheney continued reading the bills for approval, as DeBra Turf & Industrial Equip. Co. For 1 John De,re ~509 Brush Hog Pay frc~ General Fund 001-722-572-60-41 Council approved 7/7/81 Florida Diesel Truck & Industrial, Inc. Repairs to Street Sweeper Pay from General Fund 001-411-541-40-33 Council approved 5/19/81 Hewlett-Packard 1 GaS Chromatograph Model No. HP-5880A Pay from Water & Sewer Revenue 401-332-5 Per bid 12/9/80, Council approved 12/16/8 IntercountyConstruction Est. ~22 Final Lift Stations 317, 356 & 359 paY fromUtilityGeneralFund 403-000-16! 75% Reimbursable from E.P.A. ~rant COntract dated 10/26/78 Neptune Meter Ccmtoany Various parts for Meter Reader Service Pay from Water & Sewer RevenueFund 401-~ 33-60-42 )-11-00 ~34-533-30-98 Neptune Meter'Company 300 Meters for Water Distribution Pay from Water & Sewer RevenueFund 401-333-533-60-51 10. Real Estate Data, Inc. Real Estate Handbooks for Bldg. Dept. pay from General Fund 001-241-524-40-72 11. Revenue Consultants, Inc. 3rd & Final invoice for consulting services 30 Acre park -site. Pay from Federal Revenue Sh~ring ~20-000-247L85-00 12. Russell & Axon Professional services rendered.n various projects Pay frc~ following accounts: 403-000-169401-00 1,600.00 19,819.65 8,260.58 13. 403-000-169411-00 403-000-220~64-00 SouhhCentral Regional WastewaterTreatmen~Board City portion additional funds to cover exp~_.ses to the furtherance of Step II & minor amen~nts Pay from UtilityGeneralFund 403-000-169Ll1_00 4, 1981 follows: $ 1,823.25 1,437.70 17,516.50 36,396.00 1,021.69 17,353.00 1,065100 1,105.00 29,680.23 25,000.00 - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 4., .198.1 14. Seyfarth, Shaw, Fairweather & Geraldson Legal Fees Fire 001-141-514-40-64 Legal Fees Police 001-141-514-40-6L Fire Grievance Hear. 001-141-514-40-6M Labor General 001-141-514-40-6N 9,101.69 7,863,26 3,885.00 320.00 $ 21,1'69, R5 15. SouthEast Underground Const. Est. #6 Proj. No. 626-681-59-6 Force~ain- Miner Roadto Congress ~ Pay from N. W. Developers Escrowed Acct.@ First Bank & Trust 4,317.20 16. SoutheastUnderground Const. Est. ~6 Proj. 626-781-56-6 Water Main -Miner Rd. to Congress @ Pay from N. W. Developers Escrowed Acct. First Bank & TrUst 13,710.84 17. IsiahAndrews Driver for Senior Citizens 1 wk. Pay from Federal Revenue Sharing 320-641-564-'40-5A Ordinance #73-15, passed 5/15/73 55.00 18. Willie Ruth McGrady 'Server for Senior Citizens Club Pay from Federal-Revenue Sharing Ordinance #73-15, passed 5/15/73 lwk. 320-641-564-40-5A 48.00 19. Wallace, Roberts & Todd Final Re: NSAStudy (Boynton Bch. Neighborhood StrategyPlan) Pay from GeneralFund 001-000-115-87-00 ReimbUrsable from Cc~/nityDevelo~ment Block G~ant 15,910.00 Councilman deLong referred to the bill~ having been found in order and moved that they be paid, seconded by Vice Mayor Trauger. Motion carried 4-0. Holiday Inn Vice Mayor Trauger remarked that the Holiday Inn is now open and he believes it is a remarkable facility to have in the City of Boynton Beach. Mr. Trauger moved that the City Council instruct City Manager' Cheney to prepare a letter for Mayor Harmening's signature, to the owners of the Holiday Inn, commending them for the selection of Boynton Beach for such a nice facility. Mr. Trauger said'the City should wish them all success and tuck as a fine addition to the City. Councilman deLong seconded the motion. Motion carr±ed 4-0. Water Conservation Vice Mayor Trauger asked Perry Cessna how the City was doing in its quota allotments in pumping as against the requirements of the South Florida Water Management District a lot of peoPle asking why Water had to wells. Mr. Trauger further stated the should be put back into all of the news media again. City Manager Cheney said lower than it used to be, and it is low Mr. Trauger said he had be conserved when they had [ates and times to water papers again 'and given to the Dn low days, the'average is mr than 25. He advised that - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON~BEACH, FLORIDA AUGUST 4'., ~981 both the Building and Police Departments are giving warnings.' They are keeping lists and when they have to give a second Warning, they will give out fines. Mayor Harmening pointed out that it does include wells if people have their own wells. City Manager Cheney said it was confirmed by South Florida Water Management District that they really mean everything. sweep overpasses of 1-95 vice Mayor Trauger asked City Manager.~heney-.if the city sweeper could be run Over the overpasses of I'95 to pick up all of the debris from the streets. He said he knew it was not the C±ty's responsibility but this was the first impression a lot of people had of Boynton Beach upon entering the City. City Attorney Vance advised they should first contact the Department of Transportation. City Manager Cheney said the County only comes about twice a year. He said he will look into it. Vacant Lot MoWing City Manager Cheney informed Vice Mayor Trauger that 488 lots have been mowed in the past three months of May, June and.July, 154 man hours were spent, and there is a total of $4,600.00 in revenue. The City is up to date. Mayor Harmening asked if City Manager Cheney wished to say anything about the Workshop on the Budget. Mr. Cheney said it was his understanding that two Council Members will be absent on the 12th and 13th of next week. He suggested the first Budget Workshop Meeting be on the 17th, the Council Meeting will be on the 18th, and it would have to be done by the 20th, It was decided that the Budget Workshop Meeting would be held on the 17th of August, 198i. There being no further business, the meeting'was properly adjourned at 8:55 P. M. ATTEST: /~~~~Ciff~ty Clerk ReCording Se~etary (Two Taped CITY OF BOYNTON BEACH, FLORIDA t ~ · A~:;!THURE. BARROW ~4AN LEY P. CALDWELL, Jl:{. MAD[SON F. PACETT! ROBERT C. SALISBURY JAM~$ W. VANCE JAMES R. WOLF 4-page Appendage to City Comcil Minutes - of 8/4/81 CALDWELL, PACETTI. BARRO~,V & SALISBURY ROYAL PARK BUILDING 324 ~O~AL PALM WAY PA~ B~c~, F~omDx TELEPHONE {305) 655-0620 P. O. BOX 2775 cc: Fire Dept. ~4ANLEy P. CALD~/ELL PLEASE REPLY TO P. O. B OX 277.5 JUly 31, 1981 TO: FROM: RE: Mayor and City Council James W. Vance Questions propounded by CoUncilman DeLong at the regular City Council Meeting of July 21, 1981 Chapter 447, Florida Statutes, the State's public sector collective bargaining law, takes priority over any and all local charter provisions, ordinances and resolutions. Sections 447.309(1) and 447.403(4) specifically define the roles and responsibilities of the'city manager (chief executive off{cer) and city council (legislative body) in the bargaining process. Section 447.309(1) provides: 447.309 Collective bargaining; approval or rejection. (1) After an employee organization has been cer- tified pursuant to the provisions of this part, the bargaining agent for the organi- zation, and the chief executive officer of ~propriate ~ublic ~m~loyer or employees 3ozntty, shall bargazn collectively zn the determination of the wages, hours, and terms and conditions of emplos~ent of the public employees within the bargaining unit. The chief executive officer or his representative and the bargaining agent or its representa- tive shall meet at reasonable times and bargain in good faith. In conducting negotiations with the bargaining agent,' the chief execu- tive officer or his representative shall consult with, and attempt to represent the views of, the legis!ati~e body of the public employer. Any collectible bargaining agree- ment reached by the neg( reduced to writing, and be signed by the chief and the bargaining agen~ signed by the chief exe¢ bargaining agent shall r }tiators shall be such agreement shall ~xecutive officer ~. Any agreement ~utive officer and the .ot be binding on TO: Mayor and City Council July 31, 1981 Page 2 the public employer until such agreement has been ratified by the public employer and by public employees who are members of the bargaining unit (emphasis added). Therefore, negotiations are to be conducted by the City Mana- ger (as chief executive officer), or by his designated repre- sentative. Since the designated representative would be that of'the City Manager., the law is clear that the represen- tative would be designated by the City Manager himself. otiations, the only involvement of the City Council -the City Manager's consultation with Council. These consultations are in confidential executive session, and constitute one of the few exceptions to the Florida Sunshine Law. Section 447.605(1), Florida Statutes, provides: Ail discussions between the chief executive officer of the public employer, or his representative, and the legislative body of the public employer relative to col- lective bargaining shall be exempt from S. 286.011 (Sunshine Law). Section 447.203(17)(e), Florida Statutes, provides that the refusal to negotiate because of an unwanted person on the opposing bargaining team is an "incident indicative of bad faith." Bad faith bargaining constitutes an unfair labor practice and is prohibited by law. Under the Florida Statutes, the City Council may not take an active role in the bargaining process until impasse is reached, and a special master's recommended resolution of the dispute is rejected by ei~-~er of the parties. Section 447.403(4) provides: (4) In the event that either the public employer or the employee organization does not accept, in whole or zn part, the recom- mended decision of the special master: (a) The chief executive officer of the governmental entity involved shall, within 10 days after rejection of the recommended decision of the special master, submit to the legislative body of the governmental entity involved a copy of the findings of fact and recommended decision of the special master, together with the chief executive officer's recommendations for C ALD~ ELL, PACETTI, t]ARROW 8~: SALISBUI~Y TO: Mayor and city Council July 31, 1981 Page 3 settling the dispute; (The chief executive officer shall also transmit his recommenda- tions to the employee organization; if the dispute involves ~mployees for whom the Board of Regents is the public employer, the Governor may also submit recommendations for settling the dispute to the legislative body.) (b) The employee organization shall submit its recommendations for settling the dispute to suCh legislative body and to the chief executive officer; (c) The legislative body or a duly authorized committee thereof shall forthwith conduct a public hearing at which the parties shall be required to explain their positions with respect to the recommended decision of the special master; and (d) Thereafter, the legislative body shall take such action as it deems to be in the public interest, including the interest of the public employees involved. At that point in time, the City Council will act as a quasi- judicial body--a neutral and impartial judge between the union and the public employer (chief executive officer). If the Council is to properly carry out this responsibility, the Council must stay out of the bargaining process until the statutority prescribed point in time. Failure to do so would seriously compromise, the Council's required neutrality when it is called upon to act as impartial judge. However, unlike all other cities, counties and school boards in the State of Florida, the Boynton Beach City COuncil does no6 presently enjoy the right to exercise its statutory authority under Section 447.403(4) to finally resolve zmpasse between the union and the public employer. The union contends that the City several years ago contracted away its statutory authority to resolve zmpasse. According. to the union's interpretation of Article 36 of the contract presently in effect between the City and the union, impasse must be resolved, not by the City Council, but by a non-resident, non-elected or yet unnamed arbitrator, i,~ether the City Council agrees or disagrees with that decision, the arbitrator's determination will be final and binding. There is no appeal, even if the City Council should decide that other financial needs of the citizens are more pressing. It is for this reasons-that the City has appealed to the 4th DCA, contending that the binding arbitration provision of the contract is in absolute conflict with Section 447.403(4), and is therefore null and void. Cx~w~., Pxc~r~, B~ow & TO: Mayor and City Council July 31, 1981 Page 4 JWV/kk CAI~DWELL, PACETTI, BA_RRO~~ 8c SALISBURy