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08-11-75 137 AUGUST 11, 1975 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, August 11, 1975, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, Council members Andrew M. Gent, Grace S. Krivos, and Ron I. Sanson, IV, present. Mr. David Randolph was absent. 1. The opening prayer was delivered by Rev. Wallace Mast of the Church of the Palms of Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of July 28, 1975, were u-~animously approved on motion by Mrs. Krivos and seconded by Mr. Gent. 4.a. Mr. Gent reported he had received a letter from Mr. Dave Roberts, Chairman of the South Central Regional Wastewater Treatment and Disposal Board, in which he states "I hope you will give our offer (Boynton Beach) of $300,000 serious consideration so that we may move forward". It was decided to discuss the matter at the workshop to be held Tuesday, August 12, 1975, at 6:00 P.M. 4.b' Mr. Sanson referred to correspondence from Dr. Bartley of Gainesville, stating he (Mr. Sanson) wished to make Council aware of the situation brought about by eliminating the hours limitations re- strictions in the City's Code of Ordinances. Mr. Sanson stated he went along with the change, but had felt the City should have the right to control the hours of operation of businesses that would be detri- mental to the citizens. Mr. Sanson had requested Mr. Saberson to check with Dr. Bartley on alternative methods by which the City could control the hours; at that time, Mr. Sanson stated he had suggested a way by whichpe~o-~ ...... ~-'~ .... ~ ~ control c~uid ~ achieved by tying' ~t ~nto the issuance of occupational licenses. Dr. Bartley in his reply seems to feel the City can do this and has provided a lengthy discussion of the subject and a sample ordinance for the City Council to consider. 4.c. Mr. Sanson stated a memorandum from Mr. Saberson dated August 5th, concerning the consent elections to be held with the PBA and the FOP on September llth, has been received by Council. He stated Council has not had any discussion to approve this matter and he questioned the definition of the bargaining unit as it is going to be put forth. He said he felt the ranks of Lieutenant and Captain are considered as part of the bargaining unit along with patrolmen, sergeants and detectives; he questioned the vulnerability of the City if a strike or work stoppage should occur if all of these ranks were included. It was decided to discuss this matter at the workshop meeting on August 12th. 4.d. Mayor Scheifley read a letter from Mr. Ray Sittig, Executive Director of the Florida League of Cities, and Publisher of the Florida Municipal Record Magazine. Mr. Sittig requested a copy of the Community Appearance Board ordinance and that someone of the City staff prepare a brief article for the future issue of the Florida Municipal Record.. 5.a. Mrs. Kenneth Mims, 1104 N.W. 4th Avenue, Delray Beach, spoke representing the newly formed and incorporated Lake Ida Property Owners' Association. Mrs. Mims is the president and thanked the Police Depart- ment for their cooperation; however, she recommended that the Police Department add another patrol car since this section is the second largest patrol area in the City (1.5 square miles). 5.b. Mr. Joseph Coty, 1109 Lake Drive, Del~ay Beach, spoke repre- Senting the Delray Beach Bice: tennial Steering Committee, and introduced Col. Effinger, Director of Palm Beach County Bicentennial Steering Committee. Col. EffJnger presented the City of Delray Beach with a certificate of official, recognition from the National American Revolu- tionary Bicentennial Association. tie sta-ted it indicates the status of Delray Beach as one of the nation's few hundred such communities, being 138 the fifth in Palm Beach County. Delray Beach will be listed in the National Registry and will be eligible for any Federal Funds available for various projects. He stated he thought there would be another apportionment or distribution of funds in October, 1975, to further expand the funds presently available. Mayor Scheifley stated when the caravans come to Delray Beach, October 20 through 25,'extensive plans have been made with the cooperation of the banks to enable all school children to attend. 5.c. Mr. J. Watson Dunbar, 50 East Road, Delray Beach, stated he was very glad to know of the formation of the Lake Ida Property Owners' Association and offered the help of the Beach Property Owners' Associa- tion to make the organization successful. Mr. Dunbar asked that Council consider the idea of a Financial Advisory Board in the City of Delray Beach as p~esented by Mr. Sanson. He said he felt the Board should be recognized and put into effect for two reasons: 1 - the people of the country have little confidence in their government and one of the ways to restore confidence is to open books to the public which would help the citizens feel they have a competent, honest Council and Admin- istration; and 2 - a Board of this nature would help get the citizens of Delray involved in the government of the City and the Council. Mayor Scheifley stated he felt Council would give this suggestion full con- sideration. He further stated the books of the City are open to anyone at any time. 5.d. Commander Bruce Miller, 1125 N.W. 4th Avenue, Delray Beach, spoke concerning the Lake Ida Property Owners' Association, reiterating the fact there is a large area to be patrolled adequately and this cannot be done with one patrol car. He said there have been 30 breaking and enterings in this area within the last six months that he knew of and there is a severe drug problem during the school year in Lake Ida Park. 6.b. The City Manager presented copies of the 1975-76 budget to the City Council and ~at_d ~%~s has ~o~n ~he mo~t diff~c~l~ budget ~o bring into balance he had ever worked on. in the beginning, the City was $1,200,000 out of balance and it took many items to bring the budget into balance. He said continued inflation and the drastically depressed rate of increase for new revenue have both combined to make it exceedingly difficult to balance almost any municipal budget in the country. The budget proposed for the coming year totals $10,613,335 before and $9,940,045 after interbudget transfers. This represents an increase of only 6½% over the current year; this is a very small in- crease considering the fast growing demands on the City for more and better services. The City Manager stated there are two main budgets in the City - the General Fund budget and the Utility Fund budget. The General Fund is historically the most difficult to balance. The Utility Fund budget is generally revenue producing and supports itself, usually providing money to transfer to the General Fund. The General Fund Revenues that the City expects to receive during the coming year will be increased only about 9½% over the current year, whereas, in every year of the recent history of the City, the increase has ranged between 12% and 24% with an average of 17-18%. This budget does not contain any additional employees to be placed on the City's work force. It was determined to continue normal merit increases and include a 5% across- the-board cost of living increase for the employees. The budget will also allow for upgrading employees' hospitalization and insurance pro- gram. The proposed budget maintains the same total tax rate that is presennly in effect, 9.1 mills. Copies of the budget were given to Councilmembers and to members of the press. Council decided to set the budget~w0rkshop meetings to begin on August 19th at 7:00 P.M. Mayor Scheifley. invited all interested citizens to attend the budget workshop meetings. 6.c. The City Manager sta~"ed it is reco~nended that Council author- ize 'by motion the execution of a contract with the firm of Candeub, Fleissig and Associates for that firm's work on the City's "701" Program. The City is to pay the firm $22,700; the City will pay $3,567 directly to the planning firm and the Department of Community Affairs will pay The City $19,133 with the City transferring that amount to the planning firm. Mr. Sanson asked when the public hearings and meetings with agencies of the City will be in effect, whether they will be held informally or when the contract is in effect. The City Manager stated they have been meeting with city officials for quite some time, i.e., Planning and Zoning Board, etc. The public hearings will be held as required and as dictated by the Department of Community Af.fairs. Mr. Sanson moved for the formalization'of the contract with Candeub, Fleissig and Associates to handle submission of the City's "701" Program, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - No; Mrs. Krivos - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 3 to 1 vote. 7.a. City Manager Mariott reported an application has been received from Harry A. Miller of West Palm Beach for a Certificate of Public Convenience and Necessity under the name of City-Economy Cab Company, Inc. d/b/a Yellow Cab & Airport Limousine Service for operation of seven taxicabs within the City. In compliance with Section 26-7, Chapter 26 of the Code of Ordinances, Council should set a date for a public hear- ing to be held on this application, notice of which shall be forwarded to all operators of taxicabs. The date of the meeting will be August 25th. Mrs. Krivos moved that the public hearing be held on August 25th and asked that the present taxicab operators be told the request is for seven additional taxicabs, seconded by Mr. Gent. Mayor Scheifley asked if anyone makes any recommendation to the Council. The City Manager stated the City Administration usually does make a recommendation. The motion passed unanimously. 8.a. The City Manager presented Resolution No. 38-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CITY CONTRACT FOR FURNISHING AND INSTALLING MATERIALS TO RE-ROOF THE COMMUNITY CENTER AT 50 NORTHWEST FIRST AVENUE, DELRAY BEACH, FLORIDA, IN ACCORDANCE WITH THE NATIONAL ROOFING CONTRACTORS ASSOC~AT~©N SP~CATIONS A~D ALSO IN ACCOP~CE WITH THE CITY OF DELRAY BEACH BUILDING CODE. (Copy of Resolution No. 38-75 is attached to the official copy of these minutes.) The City Manager reported the following bids have been re- ceived for re-roofing the Community Center: Working Days Bidder Bid Completed Ray Roofing Co., Inc. $15,867 '45 West Palm Beach, Fla. Tropical Roofing of Delray, Inc. $27,905 30 Delray Beach, Fla. It is recon~ended that the contract be awarded to the low bidder, Ray Roofing Company, Inc., in the amount of $15,867 by passage of Resolution No. 38-7'5 with funding to come from Federal Revenue Sharing Funds. Mrs. Krivos moved that the bid of Ray Roofing Company, Inc. of West Palm Beach, in the ~mount of $15,867 be awarded by passage of Resolution No. 38-75 with financing to come from Federal Revenue Sharing Funds, seconded by Mr. Sanson. Mr. Gent asked if the guarantee for the work would be the s~]e in each of the two bids since there is such a large difference in amounts. The City Manager responded in the affirmative. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs Krivos - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 0 vote. 8.b. The City Manager presented Resolution No. 39-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTH©R!ZING NEGOTIATION OF A CITY CONT]~ACT FOR FURNISHING AND INSTALLING MATERIALS TO RE-ROOF THE CATHERINE STRONG COM- MUNITY CENTER AT 600 SOUTHWEST 15TH AVENUE, DELRAY -3- 8-11-75. 140 BEACH, FLORIDA, IN ACCORDANCE WITH TIIE NATIONAL ROOFING CONTRACTORS ASSOCIATION SPECIFICATIONS AND ALSO IN ACCOP~ANCE WITH TIlE CITY OF DELRAY BEACH BUILDING CODE. (Copy of Resolution No. 39-75 is attached to the official copy of these minutes.) The City Manager reported the following bids have been re- ceived for re-roofing the Catherine Strong Community Center: Bidder Bid Working Days Completed Ray Roofing Co., Inc. $10,290 30 West Palm Beach, Fla. Tropical Roofing of Delray, Inc. $11,034 15 Delray Beach, Fla. It is recommended that the contract be awarded to the.low. bidder, Ray Roofing Company, Inc.,in the amount of $10,290 by passage of Resolution No. 39-75 with financing to come from Federal Revenue Sharing Funds. Mrs. Krivos moved for the passage of Resolution No. 39-75 awarding the contract to the low bidder, Ray Roofing Company, Inc. of West Palm Beach in the amount of $10,290 for the re-roofing of Catherine Strong Community Center with financing to come from Federal Revenue Sharing Funds, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 0 vote. 8.c. The City Manager presented Resolution No. 40-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, INCREASING BASIC BENEFITS, CITY EMPLOYEES HEALTH INSURANCE COVERAGE. (Copy of Resolution No. 40-75 is attached to the official copy of these minutes.) City Manager Mariott stated this resolution would authorize the securing of additional group employee health coverage as discussed. at the last Council workshop meeting. Two features of the original proposal will be discussed during budget workshop sessions; one has to do with maternity care and the other witk life insurance coverage. These are not authorized by this resolution. Mr. Sanson moved for the adoption of Resolution No. 40-75, seconded by Mr. Gent. Mr. Sanson stated this is a substantial increase for the city employees and was strongly needed; he stated he hoped the employees would appreciate the additional coverage provided. Upon roll call, Council voted as follows: Mr. Gent.- Yes; Mrs. Krivos - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 'The motion passed with a 4 to 0 vote. 8.d. The City Man'ager presented Ordinance No. 30-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING A PARCEL OF LAND LYING IN T~E NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AN AREA LOCATED SOUTH OF LA]CE IDA ROAD, NORTH OF ATLANTIC AVENUE, EAST OF THE LAKE WORTH DRAINAGE .... DISTRICT E-4 CANAL, AND WEST ~F CONGRESS AVENUE IN "LI LIGHT INDUSTRIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 30-75 is attached to the official copy of these minutes.) The City Manage]: read the caption of the ordinance. A sketch was shown depicting the location of the property. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There -4- being no objections, the Public Hearing was closed. Mrs. Krivos moved for the passage of Ordinance No. 30-75 on second and final reading, seconded by Mr. Gent. Mr. Sanson commented he had the impression that there was development on this strip of land and he has found that between Lake Ida Road and Atlantic Avenue, there is only one small residential home and one fairly small business. He stated he wished to point out that Council is changing what was residential land into commercial development; he stated he hopes this will not be the same type of development that exists on the east side of Congress Avenue, i.e., junkyards and cement factories. He further said he will approve the rezonings within the two boundaries under consideration at this meeting, but he would hope in the future that any other portions of Congress Avenue on the west side would be seriously considered; he said he would vote against such rezonings. Mr. Gent stated the land on the east side of the road is MI Medium Industrial and the land on the west side of the road, if Council rezones it, will be LI Light Indus- trial. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 0 vote. 8.e. The City Manager presented Ordinance No. 31-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AN AREA LOCATED SOUTH OF LAKE IDA ROAD, NORTH OF' ATLANTIC AVENUE, EAST OF THE LAKE WORTtt DRAINAGE DISTRICT E-4 CANAL, AND WEST OF CONGRESS AVENUE IN "LI LIGHT INDUSTRIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 31-75 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. A sketch was shown depicting the location of the property. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. Gent moved for the passage of Ordinance No. 31-75 on second and final reading, seconded by ~s. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 0 vote. 8of. The City Manager presented Ordinance No. 32-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 "ELEC- TRICITY'' BY AMENDING SUBSECTION 13-4(g) "ADOPTION OF NATIONAL ELECTRICAL CODE"; REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 32-75 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. He stated this ordinance will adopt the 1975 Edition of the National Electrical Code. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. Sanson moved for the passage of Ordinance No. 32-75 on second and final reading, seconded by Mr. Gent. Mr. Sanson asked exactly what the adoption of the National Electrical Code does. The City Manager replied it makes the Electrical Code easier to define and stated the group that prepared the Code is a nationwide group composed of specialists. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 0 vote. -5- 8-11-75. The City Manager presented Ordinance No. 33-75. AN ORDINANCE PURSUANT TO ARTICLE VIII, SECTION 2 (b) OF THE 1968 FLORIDA CONSTITUTION AND CtlAPTER 73-129, LAWS OF FLORIDA, THE MUNICIPAL HOME RULE POWERS ACT, AND SECTION 447.022, FLORIDA STATUTES, CHAPTER 74-100, LAWS OF FLORIDA, RELATING TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF THE CONSTITUTION OF THE STATE OF FLORIDA; BY ADOPTING AN AMENDED PUBLIC EM- PLOYEE RELATIONS ORDINANCE; PROVIDING RIGHT TO MUNICIPAL EMPLOYEES TO ORGANIZE AND BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIONS OF EMPLOYMENT; PROVIDING METHOD OF BARGAINING PROCEDURE; CREATING AND PROVIDING ADMINIS- TRATION BY THE DELRAY BEACH PUBLIC EMPLOYEES RELATIONS - COMMISSION; PROVIDING FOR CITY COUNCIL REVIEW OF COM- MISSION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES AND EMPLOYERS; PROVIDING PAYROLL DUES DEDUCTION; PROVIDING RULES AND PROCEDURES FOR REGISTRATION, RECOGNITION, AND CERTIFICATION OF EMPLOYEE ORGANIZATIONS AND BAR- GAINING AGENTS; PROVIDING PAYMENT OF FEES AND EXPENSES IN COLLECTIVE BARGAINING PROCESS;PROVIDING GRIEVANCE PROCEDURES; PROVIDING PROCEDURES FOR RESOLUTION OF IMPASSE; PROVIDING FACTORS TO BE CONSIDERED BY THE SPECIAL MASTER; PROVIDING FOR COMPENSATION AND RECORDS; ESTABLISHING UNFAIR LABOR PRACTICES BY EMPLOYERS AND EMPLOYEE ORGANIZATIONS; PROVIDING PROCEDURES TO RESOLVE UNLAWFUL ACTIONS AND PRACTICES; ESTABLISHING PENALTIES AND REMEDIES; PROVIDING INJUNCTIVE RELIEF; PROVIDING EFFECT ON MERIT AND CIVIL SERVICE SYSTEMS AND STATE AND LOCAL CONTROL OF SAME; ADOPTING THE PRO- VISIONS OF ~447.023, CHAPTER 74-100, LAWS OF FLORIDA, AS A PART HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING AGREEMENTS; PROVIDING AN EFFECTIVE DATE. Copy of Ordinance No. 33-75 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. The City Attorney reported a hearing has been set for September 18, 1975, before the State Commission in order for them to determine whether or not the ordinance is substantially equivalent to State law. He reported the State PERC Commission will be coming to Delray Beach to conduct the elections for the Police Department (PBA and FOP). A hearing is scheduled for August 26th which will not be held if the City enters into the agree- ments; the hearing is to be for the representation petitions that the PBA and FOP filed~before PERC. Mr. Sanson asked what the status was of other local option applications. The City Attorney reported no local options have been approved in Florida. Lakeland was heard in February and there is still no written decision on Lakeland's hearing. Naples passed an ordfnance attempting to make their ordinance effective upon _ passage rather than being effective after review and approval by PERC; PERC filed a lawsuit against Naples and they are currently in court. Mr. Sanson asked if the City Attorney would take care of filing this application for the City; Mr. Saberson replied he would. Mr. Sanson asked if Alley, Alley and Blue charged for this third amendment. The City Attorney stated he would determine this. Mr. Sanson asked the City Attorney to offer some alternatives at the upcoming budget hearings for the services of Alley, Alley and Blue. The City Attorney stated he had already prepared a memorandum to Council on this subject. A Public Ilearing was held, having ~been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. Sanson moved for the adoption of Ordip~nce No. 33-75 on first reading. The motion died for lack of a second. Mr. Gent stated he voted for the ordinance on first reading, but he would vote against it at this meeting. He felt the City has spent too much money on this and further felt it would be better for the city employees and Council to have any decisions made completely free and oBt of Delray Beach. Mayor Scheifley stated since a member was absent, he would -6- 8-11-75. suggest Council table this item until the next meeting. Mrs. Krivos asked the City Attorney if there were any way to prevent tabling the item since she has been opposed to this from the beginning. The City Attorney said if a'member wishes to move to table the item and the motion passes, it would be tabled. If not, it continues to be before Council and will be approved or rejected. Mr. Sanson asked if it were defeated, could it be reconsidered at another meeting. The City Attorney stated it could be reconsidered; he also said if this ordinance does not pass at this meeting, there is still the second amendment in effect that is before the PERC Commission. The City Manager pointed out this third amendment is much closer to the provisions of the State law than is the one that is in Tallahassee at present. Mr. Sanson stated he respected the positions of Mr. Gent and Mrs. Krivos, but he felt that this third amendment should be passed so decisions could be made locally. Mr. Gent stated he felt if Council is to appoint the Commis- sion here, although he believes they would be honest people, there could be the subliminal influence of the fact that they were appointed by this Council who represents the employer whereas, in Tallahassee, PERC is an arbitration group which does not represent the employee or administration of the City and he felt this is fairer. Mayor Scheifley said he felt the group in Tallahassee represented the employees and felt PERC is very, very one-sided. It was pointed out by Mr. Sanson that the Florida League of Cities is supporting the mini-PERC. Mr. Sanson further stated that PERC is comprised of very pro-union people who have been appointed by a very pro-union Senate and that the Governor is regarded as pro-union. He stated that while Mr. Gent feels our members could be regarded by the employees with suspicion because they are appointed by Council, ke regarded the Tallahassee members with just as much suspicion because of those who appointed them. He said further at a meeting he attended, the Chairman of the PERC Commission stated his entire background had been working for unions. Mr. Sanson moved to table the item. The City Attorney answered Mr. Sanson's question by stating the item could be reconsidered if the member of Council requesting reconsideration is on the prevailing side of the vote. The motion died for lack cf a second. The City Attorney asked if a motion were made to adopt this ordinance that the effective date be continued as worded in the ordinance that was passed on second and final reading on June 19, 1975, which reads the ordinance will take effect after review and approval by PERC. Ordinance No. 33-75 reads that it will take effect immediately which would cause an immediate lawsuit. Mr. Sanson amended his motion to include the City Attorney's request. Mayor Scheifley relinquished the gavel in order to second the motion. He.reiterated his desire to have the entire Council present to vote on this subject. Mr. Sanson stated by adopting the mini-PERC, he felt Council was being fairer to the employees than by allowing the PERC Commission in Talla- hassee to act as arbitrators. Mr. Sanson stated it was his understanding that the PERC Commission could not abolish the mini-PERC, but could issue directives concerning what would have to be changed in the ordi- nance. If Council relies on the second amendment, PERC will advise the City on what changes will have to be made; some of these changes have been made by Alley, Alley and Blue in the third amendment now under consideration. The City Attorney stated if the PERC Commission dis- approves the application, the City will not go into operation. This third amendment is an attempt by the Alley firm to bring the ordinance more into compliance with the conm~ents made during Lakeland's hearings. The items taken from the transcript of the Lakeland hearings are in- corporated into the third amendment. Mrs. Krivos asked Mr. Sanson what it has cost the taxpayers of the City since Council has decided to support the mini-PERC. Mr. Sanson stated he did not know; he only has the costs for total services of Alley, Alley and Blue. He said there probably has been a good deal of expense, but he felt, in the long run~ this will be a le~s expensive answer to the problems of dealing with PERC. Mrs. Krivos pointed out the surrounding cities have not gone into this and have not had the expense that Delray Beach has incurred. She stated PERC would have representatives in this area at times rather than having personnel go to Tallal~ssee. Upon roll call, Council voted as follows: Mr. Gent - No; Mrs. Krivos -- No; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion failed with a 2 to 2 vote. Mr. Sanson asked the City Attorney what action should be taken to reconsider the matter when Mr. Randolph is present. The City Attorney stated in order to reconsider it, one of the parties on the prevailing ~ide, which is the side that defeated it, would have to bring it up. -7- 8-11-75. 8.h. The City Manager presented Ordinance No. 39-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 27-75 ESTABLISiIING A COMMUNITY APPEAF~NCE BOARD; AMENDING SECTION 5(C) RELATIVE TO RECOMMENDATIONS OF THE BOARD TO CITY COUNCIL. The City Manager stated this ordinance would amend the Community Appearance Board ordinance. He read the caption of the ordi- nance. Mayor Scheifley explained the change states that if Council does not act on an appeal within 45 days, it is approved; the original ordinance stated if Council does not act upon an appeal within 60 days, it is denied. The City Manager stated he felt 45 days would be adequate for handling the matter. Mr. Sanson moved for the passage of Ordi- nance No. 39-75 on first reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - No; Mr. Sanson Yes; Mayor Scheifley - Yes. The motion passed with a 3 to 1 vote. 8.i. The City Manager presented Ordinance No. 40-75. · AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING CODE", AS AMENDED, BY A~NDING SECTION 29-11(B) BOARD OF ADJUSTMENT; PRESCRIBING RESIDENTIAL AND/OR BUSINESS LOCATION REQUIREMENTS FOR MEMBERSHIP ON BOARD OF ADJUSTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. The City Manager stated this ordinance would provide resi- dency requirements for members and alternate members of the Board of Adjustment be stricken so long as they have their principal place of business or work within the City of Delray Beach. He read the caption of the ordinance. Mrs. Krivos moved for the passage of Ordinance No. 40-75 on first reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Sanson -.Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 0 vote. 9.at The City Manager reported the Planning and Zoning Board at a meeting held on July 15th recommended by a vote of 4 to 0 (Mr. Jacobson abstaining) that the conditional use and site plan for the Medical Office Building north of N.E. 8th Street between N.E. 9th Avenue and Palm Trail be denied. This was discussed by Council at its August 4th workshop meeting briefly. Council decided at the workshop meeting to refer the matter back to the Planning and Zoning Board for further study, public hearing and report at such time that a traffic study was submitted to the City. The traffic study would be referred directly to the Planning and Zoning Board to expedite the process. Sometime following the workshop meeting, the applicants contacted the City again stating there was a time limitation on their option and they would like to have the matter put before Council at this meeting. The Council members were polled and the majority of Council said they would be willing to consider the matter. The City Engineer has prepared a short memorandum on the traffic study, copies of which have been given to Council. The Planning and Zoning Board has not seen the traffic study memorandum since the City Manager reported he had received it late this afternoon. The traffic study was made by the firm of Arthur Strock. The City Manager read the memorandum from the City Engineer for the benefit of all present: ~he subject traffic study, as presented to me today at 3:'00 P.M., indicates ~hat approximately 246 daily round trips would be generated by this facility. This figure, if correct, would represent all increase of only 5.3% over the present average of ~,955 trips per day on N.E. 8th Street. It further appears that N.E. 8th Street would be the main access route and that about 74% of the additional traffic would arrive and leave from the west. Entrance only to the project should be permitted from Palm Trail with the main access route being by way of N.E. 9th Avenue. The builder should be required ~o widen N.E. 8th Street to provide a left-turn lane at Ninth Avenue in accordance with County --8-- , R~l 7 -~ , specifications. Under the above conditions and assuming that the figures presented in the subject report are correct, the increased burden on the traffic pattern of this area should be acceptable." Mayor Scheifley stated he a~ked the Chairman of the Planning and Zoning Board what the main reason was for the denial and he had replied 'the traffic problem. Mayor Scheifley stated one of the appli- cants said there is a deadline on the option for the property of August 21st and did not know whether an extension could be obtained. He asked Mr. Wallin,. Chairman of the Planning and Zoning Board, for his opinion. Mr. Wallin stated this was a complete surprise to him and he would not and could not make an instantaneous response to it, regardless of Mr. Fleming's letter. He said the Board would have to go over the figures to verify them. He further stated the figures were based on July traffic and he felt this was the wrong time to establish them, and requested the matter be referred back to the Planning and Zoning Board. Mrs. Phyllis Plume of the Planning and Zoning Board said she agreed with Mr. Wallin. Mayor Scheifley ascertained that the petitioner had not been able to obtain an extension of the option. Mr. Kotulla, Planning Director, still recommends denial of the petition. Mr. Jim Smoot, representing Robert G. Curry & Associates, also representing Drs. Love, Johnson, Robinson, McCastlain, Wachtel, Bebout, Pace and Raborn, intro- duced Mr. Terry Fitzpatrick of Arthur V. Strock & Associates. Mr. Fitzpatrick, 69 S.E. 5th Avenue, Delray Beach, read his report as follows: "The project area, a proposed medical facility, is a 1 acre, more or less, tract consisting of Lots 1 through 9, inclu- sive, and Lots 13 through 17, inclusive, Block 5, Sophia Frey Subdivision, in Delray Beach. Said project is situated between N.E. 9th Avenue and Palm Trail, and lying north of those commercial properties along the north side of N.E. 8th Street. See plate no. 1. The primary arterial access to the tract would be from N.~. ~%h Street co~'~encin~ U.S. 1 (Federal Highway) or State Road A1A (Ocean Boulevard). According to the West Palm Beach Urban Area Transportation Study, average daily traffic volume along N.E. 8th Street, a two-lane road, at count point number 424, was 4,599 trips. The proposed medical facility shall contain approximately 12 doctors and 22 employees. This figure is approximately half the people presently occupying the existing medical facility east of the proposed facility on N.E. 8th Street. A traffic volume survey made by our firm (see plate no. 2) at the existing medical facility revealed that during a 12 hour period, considered an average working day, 491 round' trips were made to the facility in late July, 1975. Assuming that half as many trips will be made to the proposed medical facility, the additional volume in the proposed area will be approximately 246 round trips. Adding these trips to the West Palm Beach Urban Transportation Study average daily traffic volume along N.E. 8th Street, we extrapolate a total average daily traffic volume of 5,090 trips. This volume would be well Within the limits accepted by the Palm Beach County Engineering Department for two-lane roads based on a 6,000 trips per day per lane maximum volume. Further examination of the above traffic count and the number of resident professional personnel indicated that approximately 60 round trips per day would be directly generated by these personnel. Approximately 73% of all trips were generated from and to the west toward U.S. Highway No. 1. Our examina- tion of the proposed medical facility site suggests that directional traffic control to and from the parking area and entrances and exits being confined to the south end of the property in the vicinity of the existing conm]ercial buildings should cause a minimum of neighborhood traffic impact. We would further anticipate that the majority of traffic would be directed to the proposed facility along the arterial route, N.E. 8th Street." -9- 8-11-75. 14fi " Mr. Sanson asked Mr. Fitzpatrick, although the report states the volume would be well within the limits accepted by the Engineering Department for two-lane roads, if this takes into consideration the uniqueness of that particular entrance area to the street with the bridge and rise in. the road. Mr. Fitzpatrick stated the~line of sight is considerable between the site amd the bridge. He stated the building would be two-story and would have 110 parking spaces. Dr. Fred W. Love, 315 N.W. 18th Street, Delray Beach, gave his personal background and stated he has a sincere interest in Delray Beach. He said the petitioners are not trying to circumvent the Planning and Zoning Board, but they are faced with problems related to options and leases in their present building. He stated the doctors felt they could serve their patients better in this area, and concerning the traffic survey, he said the doctors have a full patient roster at the present time and did not feel there would be that much increased traffic. Dr. Donald Bebout, 202 N.W. 18th Street, Delra~.' Beach, spoke stating the . first floor of the building would be medical offices and the second floor would contain a snack area for employees, plus there would probably be a few other doctors on the second floor. He stated the group is not enlarging, but will remain the same. He outlined the location of their patients and the type of services rendered. Mr. Fitzpatrick stated the study showed the number of trips generated to the present location (Raborn Building) of the petitioners is 14.03 trips per employee which includes the doctors as well as the employees. He stated when the petition was denied by the Planning and Zoning Board, the Board did not make a request for an impact analysis. He stated only subjective comments were made on the subject. He compared the proposed site to the Raborn building as follows: the Raborn Building presently has 47 employees; the proposed site will have 22 employees, one-half the total floor area of the Raborn Building and double the parking. He explained the charts prepared showing traffic ingress and egress. He said all traffic will come out of 9th Avenue. As a result of the study, tkere should be a reduction of 231 trips per day across the bridge. He summarized by stating the site is compatible, the access is controllc~, landscapin~ is zbun~nnt and requested a final decision at this meeting. Further discussion ensued among Council members and Mr. Fitzpatrick on the general surrounding areas. The City Manager stated all departments of the City have procedurally checked. the proposed plan. The City Manager stated' the moratorium is still in effect, but in this instance, he would make every effort to obtain sewer connection for the building from the Department of Pollution Control because of the nature of the building. He said he did not know whether it would be granted. The City Attorney reported medical buildings were not exempt from the moratorium per s~, but could be exempt subject to approval. Mr. Sanson asked for Mr. Kotulla's opinion. Mr. Kotulla stated his objections were basically traffic problems and intensity of use. His concern on traffic is mainly cars turning off of 8th Street from that facility in conjunction with traffic coming from the west and from the east over the bridge. It had been reported at the public hearing there would be approximately 15 to 20 doctors in the building, and this was felt to be too intense a use for that site. He stated he had not seen the traffic study or revised site plan. Mayor Scheifley asked if Council would be acting on a revised site plan that had not been reviewed. Mr. KOtulla answered in the affirmative due to the relocation of the entrances, with the elimination of one. The City Manager asked if the revisions to the site plan were made as a result of suggestions by the Planning and Zoning Board. Mr. Kotulla stated to his knowledge these changes had not come up. The City Attorney stated this particular change was made to alleviate a specific problem raised by the Planning and Zoning Board; he stated because of the nature~Q~.the change in this case, it was not necessary for Council tc send it back to the Planning and Zoning Board. Mro Fitzpatrick said the Planning and Zoning Board had specifically stated they wanted a one-way entrance; the original plan had two entrances, but as a resuL~ of the Planning and Zoning Board meeting, one was eliminated and moved. Mrs. Krivos stated she believed all of the pe%itioners wished to enhance Delray Beach. She said having a commercial building placed in a basically residential area could be compared to the drive- in windows at the bank on Seabreeze Avenue. She said there is a dire need for more doctors to come into Delray Beach and such a building would possibly provide the room needed for expansion by'allowing new -10- 8-1].-75. 147 doctors to use the Raborn Building. Mr. Gent moved that the condi- tional use and site plan for a medical office building north of N.E. 8th Street between N.E. 9th Avenue and Palm Trail be approved, seconded by Mrs. Krivos. Mr. Sanson stated he would have to base his decision on the building itself and what effect it would have on the area. further stated he was against bringing this up at this meeting since he doubted any of the surrounding residents knew it was being considered and could not be heard. He stated he was concerned about the effect of the traffic patterns and was concerned about possible precedents being set for placing a commercial building in a residential area. Mayor Scheifley surmmarized the situation and stated the use of the building should be considered along with the new information brought to Council on traffic control and site plan. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. ICrivos - Yes; Mr. Sanson - No; Mayor Scheifley - Yes. The motion passed with a 3 to 1 vote. 10. The following Bills for Approval were unanimously approved on ~°~ion by Mr. Sanson and seconded by Mr. Gent. General Fund ............... $439,583.32 Water and Sewer Fund ........... 19,447.32 Utility Tax Fund ............. 102,938.33 Improvement Trust Fund .......... 2,000.00 Beach Restoration Fund .......... 5,350.00 Federal Revenue Sharing Fund ....... 8,345.58 The meeting was adjourned at 10:04 P.M. -11- 8-11-75. 148A RESOLUTION NO. 38-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CITY CONTRACT FOR FURNISHING AND INSTALLING MATERIALS TO RE-ROOF THE COMMU~ITY CENTER AT 50 NORTI~EST FIRST AVENUE, DELRAY BEACH, 'FLORIDA, IN ACCORDANCE WIT~t THE NATIONAL ROOFING CONTRACTORS ASSOCIATION SPECIFICATIONS AND ALSO IN ACCORDANCE WITH THE CITY OF DELRAY BEACH BUILDING CODE. WHEREAS, it is the reconur, endation of the City Manager that the ~ouncil, acting by authority of provisions of Section 78 of the City's Charter, award a contract for furnishing and installing materials to re-roof the Community Center at 50 Northwest First Avenue, Delray Beach, Florida, in accordance with the National Roofing Contractors Association Specifications and also in accordance with the City of Delray Beach Building Code. WHEREAS, requests for quotations were forwarded to five contractors, but only two quotations were submitted July 29, 1975, in the amount of: Working Days Amount Completed Ray Roofing Co., Inc. $15,867 45 West Palm Beach, Fla. Tropical Roofing of Delray, Inc. $27,905 30 Fred Robert Hall No Quotation Delray Beach, Fla. Nylund Roofing " " Boynton Beach, Fla. " " Modern Roofing & Air Cond., Inc. " " Delray Beach, Fla. WHICH QUOTATIONS, the City Engineering Office certifies to be rea- sonable; and WHEREAS, it is the Council's opinion that the award of this contract would be in the best interest of the City, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That said contract for furnishing and installing mater- ials to re-roof the Community Center at 50 Northwest First Avenue, Delray Beach, Florida, in accordance with the National Roofing Contractors Associa- tion Specifications and also in accordance with the City of Delray Beach Building Code, be awarded to Ray Roofing Company, Contractor who submitted the low quotation in the amount of $15,867. SECTION 2. That this improvement shall be fun~ed with money frOm revenue sharing funds. PASSED AND ADOPTED in regular session on this thu llth day of August , 1975. ATTEST: 14~B RESOLUTION NO. 39-75. A RESOLUTION OF THE CITY COb~CIL OF TI~E CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CITY CONTItACT FOR FURNISHING AND INSTALLING MATERIALS TO RE-ROOF THE CATHERINE STRONG COM- MUNITY CENTER AT 600 SOUTHWEST 15TH AVENUE, DELRAY BEACH, FLORIDA, IN ACCORDANCE WITH THE NATIONAL ROOFING CONTRACTORS ASSOCIATION SPECIFICATIONS AND ALSO IN ACCORDANCE WITH THE CITY OF ~DELRAY BEACH BUILDING CODE. WHEREAS, it is the recommendation of the City Manager that the Council, aCting by authority of provisions of Section 78 of the City's Charter, award a contract for furnishing and installing materials to re-roof the Catherine Strong Community Center at 600 Southwest 15th Avenue, Delray Beach, Florida, in accordance with the National Roofing Contractors Associa- tion Specifications and also in accordance with the City of Delray Beach Building Code. · WHEREAS, requests for quotations were forwarded to five contractors, but only two quotations were submitted July 29, 1975, in the amount of: Working Days Amount Completed' Ray Roofing Co., Inc. $10,290 30 West Palm Beach, Fla. ~o~ca] Roofing of Delra¥. Inc $11,034 15 Delray Beach, Fla. Fred Robert Hall No Quotation Delray Beach, Fla. Nylund Roofing No Quotation Boynton Beach, Fla. Modern Roofing & Air Cond., In.c. No Quotation Delray Beach, Fla. WHICH QUOTATIONS, the City Engineering Office certifies to be reasonable; and WHEREAS, it is the Council's opinion that the award of this contract would be in the best interest of the City, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That said contract for furnishing and installing materials to re-roof the Catherine Strong Community Center at 600 Southwest 15th Avenue, Delray Beach, Florida, in accordance with the National Roofing Contractors Association Specifications and also in accordance with the City of Delray Beach Building Code, be awarded to Ray Roofing Company, Contractor who submitted the low quotation in the D.mount of $10,290. SECTION 2. That this improvement shall be funded with money from revenue sharing funds. PASSED AND ADOPTED in regular session on this the _ ilth day of August , 1975. 2/, ATTEST: ---- ~2~,~- City Clerk 148C RESOLUTION NO. 40-75. A RESOLUTION OF THE CITY COUNCIL OF Tt-~ CITY OF DELRAY BEACH, FLORIDA, INCREASING BASIC BENEFITS, INSURANCE COVERAGE AND ADDING MAJOR ~DICAL TO CITY EMPLOYEES HEALTH INSURANCE COVERAGE. WttEREAS, the City Administration appointed a committee to study the City's health insurance plan for City employees and make recommenda- tions in regard thereto; and, WHEREAS, said committee has recommended that basic benefits coverage be increased and that Major Medical be added to the City employ- ees health insurance program; and, WHEREAS, the committee has reviewed prcposals from several insurance companies regarding the providing of said benefits; and, WHEREAS, it is the determination of the committee that it is in the best interests of the City that Occidental Life Insurance Company of California, a member of Transamerican Corporation, should be the company through which the City should provide these benefits; and, WHEREAS, the City Admi'nistration is in agreement with the recommenda tions of the committee; and, WHEREAS, the City Council concurs in the recommendations, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELF~Y BEACii, ~,~, AS ~ ........ Section 1. That the recommendation of the committee on basic benefits and Major Medical be added to the City's health insurance program for City employees at a total cost to the City of $78,880.00 per year; the amount for basic benefits per year will be $67,265.00 and the amount for Major Medical per year will be $11,615.00. Section 2. That it was the considered opinion of the Committee appointed by the City Administration that the program submitted by Occidental Life Insurance Company of California, a member of Transamerican Corporation, was the best and most advantageous proposal received and that they be the company through which the City of Delray Beach will provide the increased basic benefits and Major Medical coverage, which recommenda- tion is hereby approved. PASSED AND ADOPTED in regular session on this the ilth day of August, 1975.~ ATTZST: City Clerk 148D ORDINANCE NO. 30-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING A PARCEL OF LAND LYING IN THE NORTHF~ST QUARTER OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AN AREA LOCATED SOUTH OF LAKE IDA ROAD, NORTH OF ATLANTIC AVENUE, EAST OF THE LAKE WORTH DRAINAGE DISTRICT E-4 CANAL, AND WEST OF CONGRESS AVENUE IN "LI LIGHT INDUSTRIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". WHEREAS, the Planning and Zoning Board has recommended rezoning and placing land presently zoned ~I-15 Multiple Family Dwelling District in "LI Light Industrial District"; and, WHEREAS, the City Administration concurs in said recommendation; and, WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that such change should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the "LI Light Industrial District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, to-wit: PARCEL '~C" - All that part of the East 620 feet of the West 5/8 of the North half (N½) of the South quarter (S¼) of the Northeast quarter (NE¼) of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, lying West of the right-of-way of Congress Avenue, and less the North 170 feet thereof, and, PARCEL "D" - The West 100 feet of the East 720 feet of the West 5/8 of the North half (N½) of the South quarter (S¼) of the Northeast Quarter (NE¼) of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, less the North 170 feet thereof, and, PARCEL "E" - The West 100 feet of the East 920 feet of the West 5/8 of the North half (N½) of the South quarter (S¼) of the Northeast quarter (NE¼) of Section 18, Town- ship 46 South, Range 43 East, Palm Beach County, Florida, subject to an easement across the North 25 feet for roadway purposes, and, PARCEL "F" - The West 5/8 of the North half (N½) of the South quarter (S¼) of the Northeast quarter (NE¼) of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, lying East of Lake Worth Drainage District E-4 Canal, and less the East 920 feet thereof; subject to a road easement of the North 25 feet thereof, and PARCEL "G" - The West 100 feet of the East 820 feet of the West 5/8 of the North half (N½) of the South quarter (S¼) of the Northeast quarter (.NE¼) of Section 18, Town- ship 46 South, Range 43 East, Palm Beach County, Florida, subject to an easement across the North 25 feet for roadway purposes. All foregoing parcels described on Survey of May 13, 1970, Revised July 12, 1974, and shown in Field Book D-109, Page 56. 148E ORDINANCE NO. 31-75. AN ORDIN~qCE OF THE CITY COUNCIL OF TIIE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING A PARCEL OF LAND LYING IN THE NORTHF~ST QUARTER OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AN AREA LOCATED SOUTH OF LAKE IDA ROAD, NORTH OF ATLANTIC AVENUE, EAST OF THE LAKE WORTH DRAINAGE DISTRICT E-4 CANAL, AND WEST OF CONGRESS AVENUE IN "LI LIGHT INDUSTRIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". WHEREAS, the Planning and Zoning Board has recommended rezoning and placing land presently zoned RM-15 Multiple Family Dwelling District in "LI Light Industrial District"; and, WHEREAS, the City Administration concurs in said recommendation; and, WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that such change should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the "LI Light Industrial District" as defined by Chapter 29 of the Code of Ordinanc~.~ of the City of Delray Beach, to-wit: All that part of the North 170 feet of the East 720 feet of the West 5/8 of the North half (N~) of the South quarter (S¼) of the Northeast quarter (NE¼) of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, lying West of the right-of-way of Congress Avenue, Subject to a road easement over the North 25 feet thereof, as described, as "Parcel B" on Survey of May 13, 1970, Revised July 12, 1974, and shown in Field Book D-109, Page 56. Section 2. That the Planning Directors of said City shall, upo.n the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED AND ADOPTED in regular session on second and final reading on this the llth day of August , 1975. / ~ MA Y~O R/ ATTEST: ~. City clerk First Reading July 14, 1975_ Second Reading August 11, 1975 148F ORDINANCE NO. 32-75. AN ORDINANCE OF ' ~ ~IE CITY COUNCI. L OF TttE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 "ELECTRI- CITY'' BY AMENDING SUBSECTION 13.-4 (g) "ADOPR~ION OF NATIONAL ELECTRICAL CODE"; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. WHEREAS, the City Administration has recommended the correctinq and updating of the National Electric Code for ~he City of Delray Beach; and, WHEREAS, the City Council of the City of Delray Beach, Florida, concurs in said recommendation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL~RY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Code of Ordinances of Delray Beach, Florida, as amended, be further amended by amending Subsection 13-4(g) of Chapter 13 "Electricity" to read as follows: Sec. 13-4 (g) Adoption of National Electrical Code Except as in this chapter otherwise provided, all electrical construction and all material and appliances used in connection with electrical work and the operation of all electrical apparatus within the City shall conform to the rules and regulations of the National Electrical Code ~ 1975 Edition, as recommended and published by the ~ational Fire Protection ~ssociation for the installation of wiring and electrical apparatus for electrical purposes, of which copies are on file in the office of the city clerk, which rules and regulations are h~reby adopted and approved and made a part of this chapter as fully as if set out in length herein; provided that the rules and regulations of the National Electrical Code are not in any respect in conflict with the pro- visions of this chapter, this code, the laws of the State or subsequent ordinances and resolutions of the City. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That any person who violates the provisions of Section 1 above shall upon conviction be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. PASSED AND ADOPTED in regular session on second and final reading on this the llth day of August , 1975. '~//.- '~M A Y~O R~ ATTEST: ~. City Clerk First Reading July 14,_1975 Second Reading August 1]:..~ 1975 148G Section 2. That the Planning Directors of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED AND ADOPTED in regular session on second and final reading on this the llth day of August , ].975. ATTEST: First Reading__July. 14,.. 19.75 ___ Second Reading. August 11, 1975 -2- Ord. No. 32-75. 148H ORDINANCE NO. 33-75 An ~nendment to Ordinance No. 68-74 AN ORDINANCE TO BE ENTITLED: AN ORDINANCE PURSUANT TO ARTICLE VIII, SECTION 2 (b) OF THE 1968 FLORIDA CONSTITUTION AND CHAPTER 73-129, LAWS OF FLORIDA, THE MUNICIPAL HOME RULE POWERS ACT, AND SECTION 447. 022, FLORIDA STATUTES, CHAPTER 74-100, L~G~S OF FLORIDA, RELATING TO LABOR, IMPI,EMENTING SECTION 6 OF ARTICLE I OF THE CONSTITUTION OF THE STATE OF FLORIDA; BY ADOPTING AN A~NDED PUBLIC EMPLOYEE RELATIONS ORDINANCE; PROVIDING RIGHT TO MUNICIPAL EMPLOYEES TO ORGANIZE AND BARGAIN CO~,LECTI JELY AS TO TERMS AND CONDITIONS OF EMPLOYMENT; PROVIDING METHOD OF BARGAINING PROCEDURE; CREATING AND PROVIDING ADMINISTRATION BY THE DELRAY BEACH PUBLIC EMPLOYEES RELATIONS COM~ISSION; PROVIDING FOR CI_Y COUNCIL REVIEW OF COMMISSION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES AND EMPLOYERS; PROVIDING PAYROLL DUES DEDUCTION; PROVIDING RULES AND PROCEDURES FOR REGISTRATION, RECOGNITION, AND CERTIFICATION OF EMPLOYEE ORGANIZA- TIONS AND BARGAINING AGENTS; PROVIDING PAYMENT OF FEES AND EXPENSES IN COLLECTIVE BARGAINING PROCESS; PROVIDING GRIEVANCE PROCEDURES; PROVIDING PROCEDURES FOR RESOLUTION OF IMPASSE; PROVIDING FACTORS TO BE CONSIDERED BY THE SPECIAL MASTER; PROVIDING FOR COMPENSATION AND RECORDS; ESTABLISHING UNFAIR LABOR PRACTICES BY EMPLOYERS AND EMPLOYEE ORGANIZA- TIONS; PROVIDING PROCEDUF~ES TO P~SOLVE UNLAWFUL REMEDIES; PROVIDNG INJUNCTIVE RELIEF; PROVIDING EFFECT ON MERIT A~ND CIVIL SERVICE SYSTEMS ~/~D STATE AND LOCAL CONTROL OF SAME; ADOPTING THE PROVISIONS OF ~447.023, CHAPTER 74-100, LAWS OF FLORIDA, AS A PART HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONTINUED E~FECTI~ENESS OF EXISTING AGREEMENTS; PROVIDING AN EFFECTIVE DATE. Be it known that: WHEREAS a statutory implementation of Section 6, Article I of the Constitution of the State of Florida is necessary to promote harmonious and cooperative relationships between government and its employees, and to protect the public by assuring at all times th~ orderly and uninterrupted operations and functions of governL~nent; and WHEREAS the encouragement or discouragement, in any way, of a public employee organization will interfere with a public employee's right to belong to such an organization or refrain from so doing; and WHEREAS public employee strikes lead to turmoil and disruption in governmental functions, and the lack of statutory precautions, such as the failure to exclude managerial employees from an employee organization, will render a public employer extremely vulnerable to an illegal strike; and WHEREAS the first duty of a public employer is not profit but reliable and continuous service to the citizens which established it; and II I I 148I WHEREAS the public employer's duty of service includes, as an economic consideration, maintaining a proper level of taxation and other financial assessments; and WHEREAS the harm caused by an illegal strike against a public service or facility has a pervasive effect on the lives of every citizen because of its disruption of basic governmental functions; and WHEREAS a local commission established by a political subdivision is best suited to assess the economic and other factors that influence the alternatives'available to a public employer and its employees; and WHEREAS Section 447.022 of the Public Employment Relations Act, a part of Chapter 74-100, Laws of Florida provides for the adoption of a local ordinance, resolution, or charter amendment, in lieu of the state Public Employment Relations Act; and WHEREAS the provisions of Article VIII, Section 2(b), of the 1968 Florida Constitution and Chapter 73-129, Laws of Florida, the Municipal Home Rule Powers Act, authorize the adoption of local ordinances of this nature; NOW, THEREFORE, in the interest of the betterment of relations between the employees and the City of Delray Beach and the subdivisions and agencies thereof, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH: 1.001 Statement of policy. -- It is declared that the public policy of the City of Delray Beach and the purpose of this ordinance is to provide implementation u£ SecLiu~ G, Article I of the Constitution of the State of Florida, and to promote harmonious and cooperative relationships between government and its employees, both collectively and individ- ually, and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government. It is the intent of the City Council that nothing herein shall be construed to either encourage or discourage organization of public employees. These policies are best effectuated by: (1) Granting to public employees the right of organiza- tion and representation; (2) Requiring the public employer to negotiate with bargaining agents duly certified to represent public employees; (3) Creating a public employees relations commission to assist in resolving disputes between public employees and public employers; and (4) Recognizing the constitutional prohibition against strikes by public employees and providing remedies for violations of such prohibition. 1.002 -- Definitions - As used in this Ordinance: (Y) "Commission" m~ans the public employees relations commission created by Section 1.003 of this ordinance. (2) "Public empl0yer" or "employer" means the City of Delray Beach and any subdivision or agency thereof which the commission determines has sufficient legal distinctiveness to properly carry out the functions of a public employer. -2- ~ 148J (3) "Public employee" means any person employed by the City of Delray Beach and any subdivision or agency thereof except (a) those'persons elected by the people, agency heads, members of boards and co~issions, (b) individuals acting as negotiating representatives for employer authorities, (c) persons who are designated as managerial or confidential employees pursuant to criteria contained herein upon application of the public employer to the public employees relations commission. (4)' "Managerial employees" are those employees generally having authority in the interest of the public employer who (a) formulate policy which is applicable throughout the bargaining unit, or (b) may reasonably be required on behalf of the employer to assist directly in the preparation for and conduct of collective bargaining negotiations or to have a major role in the administration of agreements resulting therefrom, or (cJ have a significant role in personnel administration or in employee relations, and in the prepara- tion and administration of budgets for any public agency or institution or subdivision thereof, provided, that said roles are not of a routine, clerical or ministerial nature and require the exercise of independent judgment. In deter- mining whether an individual is a managerial employee, the commission shall consider the historic relationship of the employee to the public employer and to co-employees. (5) "Confidential employees" are persons who act in a confidential capacity to assist, or ai~ managerial employees as defined in 1.002(4) of this ordinance. (6) "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, ~.:.~ co~'~d~ . . ..=~Dag~~. ~ of work, the concerted submission of · ~.~h_~e or in part resig-nations, the concerted abst~_nance in · by any group of employees from the full and faithful performance of the duties of employment with a public employer, for the purpose of inducing, influencing, condoning or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer, the concerted failure to report for work after the expiration of a collective bargaining agreement and picketing in furtherance of a work stoppage. (7) " ' ' Bargaln3..ng unit" means either that unit determined by the commission, or that unit determined by the public employer and the public employee organization and approved by the con~nission to be appropriate for the purposes of collective bargaining, provided however that no bargaining unit shall be defined as appropriate which includes employees of two employers that are not departments or divisions of the City or a subdivision or agency thereof. (8) "Chief executive officer" for the public employer shall mean the person whether elected or appointed who is responsible to the legislative body of the public employer for the administration of the governmental affairs of the public employer. (9) "Legislative body" means the governing body of the public employer unless the public employees relations commission determines that a unit or subdivision thereof having authority to appropriate funds and establish policy governing the terms and conditions of employment and which, as the case may be, is the appropriate legislative body for the bargaining unit. -3- 148K (10) "Employee organization" or "organization" means any labor organization, union, association, fraternal order, -occupational or professional society, or group, however organized or constituted, which represents or seeks to represent any public employee or group of public employees concerning any matters relating°to their employment relation- ship with a public employer. (11) "Bargaining agent" means the employee organization which has been certified by the commission as representing the employees in the bargaining unit as provided in Section 1.009, or its representative. (12) "Budget submission date" means the date by which, under law or practice, a public employer's budget, or a budget containing proposed expenditures applicable to such public employer, is submitted to or is considered by the legislative body or other similar body of government for final action, or in the absence of any annual budget, the date upon which an annual appropriation ordinance, resolution, or law, for the ensuing fiscal year is required to be intro- duced before such legislative body, for final action. (13) "Professional employee" means: (a) Any employee engaged in work in any two or more of the following categories: 1. Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; 2. Involving the consistent exercise of discretion and judgment in its performance; 3. Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and 4. Requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an insti- tution of higher learning or a hospital, as distinguished from a general academic education~ an apprenticeship or training in the performance of routine mental or physical processes; or (b) Any employee who: 1. Has completed the course of specialized intellectual instruction and study described in subparagraph 4 of paragraph (a) , and 2. Is performing related work under supervision of a professional person to qualify himself to become a professional employee as defined in paragraph (a). (14) "Collective bargaining" means the performance of the mutual obligations.of the public employer and the bargaining agent of the employee organization to meet at reasonable times, to negotiate in good faith and to execute a written contract with respect to agreements reached concerning the terms and conditions of employment, except that neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this ordinance. (15) "Membership dues deduction" means the practice of a public employer of deducting dues and uniform assessments -4- 148L from the salary or wages of a public employee upon the presentation to the public employer of cards authorizing the deduction of dues, signed by such individual public employee. Such term also means the practice of a public employer of transmitting the sums so deducted to such employee organization. (16) "Civil Service" means any career, civil or merit system used by any public employer. 1.003 -- Public employees relations commission. -- (1) 'There is hereby created and established the public employees relations co~mmission, hereinafter referred to as the "commission". The commission shall be composed of three _ (3) members to be appointed by 'the City Council from persons representative of the public, known for their objective and independent judgment, and who shall not be employed by or hold any commissio~ with any governmental unit in the state or any employee organization as defined in this ordinance. The City Council shall designate one (1) member as chairman. Members shall serve for a term of four (4) years, except ~! .... that beginning on the passage hereof, one (1) member shall be appointed for a term of two (2) years, and one (1) member for three (3) years, and one (1) member for four (4) years. A vacancy for the unexpired term of a member shall be filled in the same manner as herein provided for an original appoint- ment. The presence of two (2) members shall constitute a quorum of any called meeting of the commission. The commis- sion in the performance of its duties and powers under this ordinance shall not be subject to the control, supervision, or direction by the City Manager or City Council. (2) The chairman and the remaining members of the commission shall devote such time as is necessary to the performance of their duties hereunder, and shall be compen- sated as estabii~-~eu~ by ~ ............. .... ~~ adopted by the City Council from time to time. The chairman and other members shall also b~ reimbursed for reasonable expenses under this ordinance as provided for in Section 112.061., Florida Statutes. The chairman shall be responsible for the adminis- trative functions of the commission and upon authorization by the City Council shall have the authority to employ such personnel as may be necessary to carry out the provisions of this ordinance. Until such time as the con~ission has submitted a budget which is funded by the City Council, the commission shall, upon request of the chairman to the City Manager, have its fiscal needs provided for by appropriations from the unappropriated surplus. 1.004 -- Commission; powers and duties. -- (1) After public hearing, the commission shall adopt, ~ promulgate, amend, or rescind such rules and regulations as , ,' it deems necessary and administratively feasible to carry out the provisions of this ordinance, in accordance with Chapter 120, Florida Statutes. (2) To accomplish the objectives and to carry out the duties prescribed by this ordinance, the coimmission may subpoena witnesses, may issue subpoenas to require the production of books, papers, records, and documents which may be needed as evidence of any matter under inquiry~ and ' may administer oaths and affirmations. (3) In cases of neglect or refusal to obey a subpoena issued to any person, the circuit court of the county in which the investigations or the public hearings are taking place, and upon application by th.e commission, may issue an -5- 148M order requiring such person to appear before the commission and produce evidence about the matter under investigation. A failure to obey such order may be punished by the court as a contempt. (4) Any subpoena, notice of hearing or other process or notice of the commission issued under the provisions of this ordinance shall be served personally or by certified mail. A return made and verified by the individual making such service and setting forth the manner of such service is proof of service and a returned post office receipt, when certified mail is used, is proof of service. All process of any court to which application may be made under the pro- visions of this ordinance shall be served in the county wherein the persons required to be served reside or may be found. (5) The commission shall adopt rules as to the quali- fications of persons who may serve as mediators and special masters, shall maintain lists of such qualified persons who are not employees of the commission and shall initiate dispute resolution procedures by special masters pursuant to the provisions of this ordinance. (6) Pursuant to its established procedures, the commission shall resolve questions and controversies concern- ing claims for recognition as the bargaining agent for a bargaining unit, determine or approve units appropriate for purposes of collective bargaining and investigate charges of engagement in prohibited practices, and charges of striking by public employees. 1.005 -- Public employer's rights. -- It is the right of the public employer to determine unilaterally the purpose oi each oi its constituent agencies, set standards o~ services to be offered to the public, and exercise control and discretion over its organization and operation. It is also the right of the public employer to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons, provided, however, that the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequences of violating the terms and conditions of any collective bargaining agreement in force, or civil or career service regulation. 1.006 -- Public employees' rights; organization and representation. -- (1) Public employees shall have the right to form, join, and participate in, or to refrain from forming, joining, or participating in any employee organization of their own choosing. (2) Public employees shall have the right to be repre- sented by any employee organization of their own choosing, to negotiate collectively through a certified bargaining agent with their public employer in the determination of the terms and conditions of their employment, and to be represented in the determination of grievances arising thereunder. Publi~ employees shall h~ve the right to refrain from exercising the right to be represented. (3) Nothing in this ordinance shall be construed to prevent any public employee from presenting, at any time, his own grievances, in person or by legal counsel, to his public employer, and having such grievances adjusted without the intervention of the bargaining agent, if the adjustment -6- 148N is not inconsistent with the terms of the collective bargain- ing agreement then in effect and if the bargaining agent has been given reasonable opportunity to be present at any meeting called for the resolution of such grievances. 1.007 -- Dues; deduction and collection. -- Any employee organization which has been certified as a bargaining agent shall, upon request, have its dues and uniform assessments deducted and collected by the employer from the salaries of those employees who authorize the deduction of said dues and uniform assessments; provided that such authorization is revocable at the employee's will upon thirty (30) days written notice to the employer and employee organization; provided that reasonable costs to the employer of such deductions shall be a proper subject of collective bargain- ing. Such deduction shall be in force during the term of the collective bargaining agreement. The public employer is expressly prohibited from any involvement in the collection of fines, penalties or special assessments. 1.008 -- Registration of employee organization. -- (1) Every employee organization prior to requesting recognition by a public employer, or prior to submitting a petition to the commission for purposes of requesting a representation election, shall adopt a constitution and by- laws and shall register with the commission by filing a copy thereof, together with an annual report in a form prescribed by the commission, and an amended report whenever changes are made, which shall include: (a) The name and address of the organization and of any parent organization or organization with which it is affiliated; (b) The names and addresses of the principal officers and all representatives of the organization; (c) The amount of the initiation fee and of the monthly dues which members must pay; (d) The current annual financial statement of the organization; (e) The name of its local agent for service of process and the address where such person can be reached; (f) A pledge, in a form prescribed by the commission, that the employee organization will conform to the laws of the city and state and that it will accept members without regard to age, race, sex, religion, or national origin; and (g) Detailed statements, or references to specific provisions of documents filed under this section which contain such statements, showing the provision made and procedures followed with respect to each of the following: (A) qualifications for or restrictions on membership, (B) levying of assessments, (C) participation in insurance or other benefit plans, (D) authorization for disbursement of ~funds of the employee organization, (E) audit of financial transactions of the. employee organization, (F) th~ calling of regular and special meetings, (G) the selection of officers and stewards and of any representatives to other bodies composed of employee organizations' representatives, with a specific statement of the manner in which each officer was elected, appointed, or otherwise selected, (H) discipline or removal of officers or agents for breaches of their trust, (I) imposition, of fines, suspensions and expulsions of -7- 1480 members, including the grounds for such action and any provision made for notice, hearing, judgment on the evidence, and appeal procedures, (J) authorization for bargaining demands, (K) ratification of contract terms. Any change in the information required by the subsection shall be reported to the commission at the time the reporting employee organization files with the commission the annual financial report required hereunder. (2). Every employee organization shall file annually with the commission a financial report signed by its president and treasurer or corresponding principal officers containing the following information in such detail as may be necessary accurately to disclose its financial condition and operation for its preceding fiscal year; (a) assets and liabilities at the beginning and end of the fiscal year; (b) receipts of any kind and the sources thereof; (c) salary, allowances, and other direct or indirect disbursements (including reimbursed expenses) to each officer and also to each employee who, during such fiscal year, received more than $10,000 in the aggregate from such employee organization and any other employee organization affiliated with it or with which it is affiliated, or which is affiliated with the same national or international employee organization; (d) direct and indirect loans made to any officer, employee, or member, which aggregated more than $250 during the fiscal year, together with a statement of the purpose, security, if any, and arrangements for repayment; and (e) direct and indirect loans to any business enter- prise, together with a statement of the purpose, security, if any, and arrangements for repayment; all in such categories as the commission may prescribe. (3) A registration fee shall accompany the initial report filed with the commission. Such money shall be used to defray the cost of registration and investigation of the filing party, with the remainder to be deposited in the general revenue fund. The amount charged for registration shall not exceed fifteen dollars ($15). (4) Every employee organization shall keep accurate accounts of its income and expenses which accounts shall be open for inspection by any member of the organization or by the commission at all reasonable.times. (5) A copy of the current constitution and by-laws of the state and national groups with which the employee organiza- tion is affiliated or associated shall accompany each annual report. (6) An employee organization which is not registered as provided in this section, is prohibited from requesting recognition by a public employer or submitting a petition requesting a representation election. This prohibition shall be enforced by injunction upon petition of Lhe commis- sion to the appropriate circuit court. 1.009 -- Certification of employee organization. -- (1) Any employee organization which is designated or selected by a majority of public employees in an appropriate unit as their representative for purposes of collective bargaining shall request recognition by the public employer. -8- 148P~ The Public employer shall, if satisfied as to the majority status of the employee organization and the appropriateness of the proposed unit, recognize 'the employee organization as the collective bargaining representative of employees in the designated unit. Upon recognition by a public employer, the employee organization shall immediately petition the commission for certification. The commission shall revie~ only the appropriateness of the unit proposed by the employee organiza- tion. If the unit is appropriate according to the criteria used in this ordinance, the commission shall immediately certify the employee organization as the exclusive representa- tive of all employees in the unit. (2) If the public employer refuses to recognize the employee organization the employee organization may file a petition with the commission for certification as the bargaining agent for a proposed bargaining unit. The petition shall be accompanied by dated statements signed by at least thirty (30) percent of the emp].oyees in the propose~. unit indicating that such employees desire to be represented for purposes of collective bargaining by the petitioning employee organization. Provided that any employee, employer or employee organization having sufficient reason to believe any of the employee signatures were obtained by collusion, coercion, intimidation or misrepresentation or are otherwise invalid, shall be given a reasonable opportunity to verify and challenge the signstures appearing on the petition. (3) (a) The commission or one of its designated agents shall investigate the petition to determine its sufficiency; if it has reasonable cause to believe that the petition is sufficient, the commission shall provide for an appropriate hearing upon due notice. Such a hearing may be co~duc~ed b~ a~n ~9~n~~ ~~.~~, who shall not make any recommendations with respect thereto. If the commission finds upon the record of the hearing that the petition is sufficient, it shall immediately: (1) Define the proposed bargaining unit and determine which public employees shall be qualified and entitled to vote at any election held by the co~a~ission; (2) Identify the public employer or employers for purposes of collective bargaining with the bargaining agent; (3) Order an election by secret ballot. (b) Where an employee organization is selected by a majority of the employees voting in an election, the commission shall certify the employee organization as the exclusive collective bargaining representative of all employees in the unit; (c) In any election in which none of the choices on the ballot receives the. vote of a majority of the employees voting, a run-off election shall be held according to rules promulgated by the commission. (d) No new election may be conducted in any appropriate bargaiping unit to determine the exclusive representative if a representative election has been conducted within the preceding twelve month period. (4) In defining a proposed bargaining unit, th~ commis- sion shall take into consideration: (a) The principles of efficient administration of government; -9- 148Q (b) The number of employee organizations with which the employer might have to negotiate; (c) The compatibility of the unit with the joint responsibilities of the public employer and public employees to represent the public; (d) The power of the officials of government at the level of the unit to agree or make effective recommendations to other administrative authority or legislative body with respect to matters of employment upon which the employee desires to negotiate. (e) The organizational structure of the public employer; (f) Community of interest among the employees to be included in the unit, considering: The manner in which wages and other terms of employment are determined; 2. The method by which jobs and salary classifications are determined; 3. Interdependence of jobs and interchange of employees. 4. Desires of the employees. 5. The history of employee relations within the organization of the public employer concerning organization and negotiation. (g) The statutory authority of the public employer to a~inistcr a classification an~ pay p!~n. (h) Such other factors and policies as the commission may prescribe by regulations or by its decisions; provided that no unit shall be established or approved for purposes of collective bargaining which includes both professional and non-professional employees unless a majority of each group votes for inclusion in such unit. 1.010 -- Collective bargaining; approval or rejection -- (1) After an employee organization has been certified pursuant to the provisions of this ordinance, the bargaining agent for the organization, and the chief executive officer of the appropriate public employer or employers jointly shall bargain collectively in the determination of the wages, hours and terms and conditions of employment of the public employees within the bargaining unit. The chief executive officer, or his representative, and the bargaining agent, or its representative shall meet at reasonable times· and bargain in good faith. In conducting negotiations with the bargaining agent, the chief executive officer or his representative shall consult with, and attempt to represent the views of the legislative body of the public employer. Any collective bargaining agreement reached by the negotiators shall be reduced to writing and such agreement shall be signed by the chief executive officer and the bargaining agent.' Any agreement sioned by the chief executive officer and the bargaining agent shall not be binding on the public employer until such agreement has been ratified at a regularly scheduled meeting of the pu'-.lic employer and by public employees who are members of the bargaining unit, subject to the provisions of subsections (2)' and (3) of this section. (2) Upon execution of the collective bargaining agree- ment, the chief executive shall, in his annual budget, request -10- 148R or by other appropriate means, request the legislative body to appropriate such amounts as shall be sufficent to fund the provisions of the collective bargaining agreement. If less than the requested amount is appropriated, the collective bargaining agreement shall be administered by the chief executive officer on the basis of the amounts appropriated by the legislative body. The failure of the legislative body to appropriate funds sufficient to fund the collective bargaining agreement shall not constitute nor be evidence of any unfair labor practice. (3) If any provision of a collective bargaining agree- ment is in conflict with any law, ordinance, rule, or regulation over which the chief executive officer has no amendatory power, the chief executive officer shall submit to the appropriate governmental body having amendatory power a proposed amendment to such law, ordinance, rule or regulation. Unless and until such amendment is enacted or adopted and becomes effective, the conflicting provision of the collective bargaining agreement shall not become effective. '~ (4) If the agreement is not ratified by the public employer or is not approved by a majority vote of employees voting in the unit, in accordance with procedures adopted by the commission, the agreement shall be returned to the chief executive officer and the employee organization for further negotiations. (5) Any collective bargaining agreement shall not provide for a term of existence of more than three (3) years, and shall contain all of the terms and conditions of employment of the employees in the bargaining unit during such term, except those terms and conditions provided for in applicable merit and civil sazvicc r~'~ ~ ~gu!atio~s~ 1.011 -- Grievance procedures.-- Each public emploYer and bargaining agent shall negotiate a grievance procedure to be used for the settlement of disputes between employer and employee, or group of employees, involving the inter- pretation or application of a collective bargaining agree- ment. Such grievance procedure shall have as its terminal step a final and binding disposition by an impartial neutral, mutually selected by the parties; .provided, however, that an arbitrator or other neutral shall not have the power to add to, subtract from, modify or alter the terms of a collective bargaining agreement. If an employee organization is certified as the bargaining agent of a unit, the grievance procedure then in existence may be the subject of collective bargaining and any agreement which is reached shall supersede the previously existing procedure. All public employees shall have the right to a fair and equitable grievance procedure, administered without regard to membership or nonmembership in any organization. A career service employee shall have the option of utilizing the civil service appeal procedure or a grievance procedure established under this section, but such employee cannot use both a civil service appeal and a grievance procedure. 1.012 -- Resolution of impasses -- (1) If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, a dispute exists between a public employer and a bargaining agent, or if no agreement is reached within sixty (60) days after the con~encement of collective bargaining or at least seventy (70) days prior to the budget submission date of the public employer, an impasse shall be deemed to have occurred. Where an impasse occurs, the public employer, or the ~argaining -11- 148S agent or both parties acting jointly may appoint or secure the appointment of a mediator to assist in the resolution of the impasse. (2) If no mediator is appointed, or if the impasse is not resolved within sixty (60) calendar days prior to the budget submission date of the public employer, the commission shall: (a) ' Appoint a special master and submit all unresolved issues to a special master acceptable to both parties. If the parties are unable to agree on the appointment of a special master, the commission shall appoint, in its dis- cretion, a qualified special master. Provided that nothing in this section shall preclude the parties from using the services of a mediator at any time during the conduct of collective bargaining. (b) The special master or masters shall hold hearings '' --.~ in order to define the area or areas of dispute, to determine facts relating to the dispute and to render a decision on any and all unresolved contract issues. The hearings shall be held at times, dates, and places to be established by the special master or masters in accordance with rules promulgated by the commission. The special master or masters shall be empowered to administer oaths and issue subpoenas on behalf of the parties to the dispute or on their own behalf. Within twenty (20) calendar days after final hearings, the commission shall transmit the recommended decision of the special master or masters to the representatives of both parties, which decision shall be discussed further by the parties in negotiations and shall be deemed approved by both parties unless either party, by formal action, rejects the decision within fifteen (15) calendar da~s of the transmission of the decision to the parties. . (c) In the event that either the public employer or the employee organization does not accept in whole or in part the recommendations of the special master or masters, (i) the chief executive officer of the government involved shall, within ten (10) days after receipt of the findings of fact snd recommendations of the special master or masters, submit to the legislative body of the government involved a copy of the findings of fact and recommendations of the special master or masters, together with their recommendations for settling the dispute; (ii) the employee organization may submit to such legislative body its recommendations for settling the dispute; (iii) 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 report of the ~ ~..,~, fact-finding board; and (iv) 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, the interest of the taxpayers, the impact on other employees, the impact upon organizational efforts by other ~ unions, the impact on the nature or quality of the public services provided by the employer. ~ 1.013 -- Factors to be considered by the special master. -- The special master shall conduct the hearings and render bis decision with the objective of achieving a prompt, peaceful and just settlement of disputes between the public employee organizations and the public employer. The factors, among others, to be given weight by the special master in arriving at a decision shall include: (1) Comparison of the annual income of employment of the public employees in question with the annual income of -12- 148T employment maintained for the same or similar work of employees exhibiting like or similar skills under the same or similar working conditions in the local operating area involved. (2) Comparison of the annual income of employment of the public employees in question with the annual income of employment of public employees in similar public employee governmental bodies of comparable size within the State of Florida. (3)' Interest and welfare of the public. (4) Comparison of peculiarities of employment in regard to other trades or professions, specifically: (a) Hazards of employment; (b) Physical qualJ, fJ. cations; (c) Educational qualifications; (d) Intellectual qualifications; (e) Job training and skills; (f) Retirement plans; (g) Sick leave; (h) Job security; and (i) Availability of funds. !~.~ -- .~he compens,~+~ ~ ~v of ~-be med~i;~tor~. shall be borne by the party oz parties requesting or securing his appointment. The compensation, if any, of the special master shall be borne equally by the parties. All stenographic and other expenses will be divided equally between the parties. 1.015 -- Records -- All records which are relevant to or have bearing upon any issue or issues raised by the proceedings conducted by the special master shall be made available to the special master by the request in writing of any of the parties to the fact-finding. 1.016 -- Unfair labor practices -- (1) Public employers or their agents or representatives are prohibited from: (a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this ordinance, or under Section 447.03, Chapter 74-100, Laws of Florida; (b) Encouraging or discouraging membership in any employee organization by discrimination in regard to hiring, tenure, or other conditions of employment; (c) Refusing to. bargain collectively or failing to bargain collectively in good faith, or refusing to sign a final agreement agreed upon with the certified bargaining agent for the public emplol~.es in the bargaining unit; (d) Discharging or discriminating against a public employee because he has filed charges or given testimony under this ordinance; -13- 148U (e) Dominating, interfering with, or assisting in the formation, existence, or administration of any employee organization, or contributing financial support to such an organization; (f) Refusing to discuss grievances in good faith, pursuant to the terms of the collective bargaining agreement with either the certified bargaining agent or the public employee or employees involved. (2) A public employee organization or anyone acting in its behalf, its officers, representatives, agents or members are prohibited from: (a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this ordinance, or under Section 447.03, Chapter 74-100, Laws of Florida; or from interfering with, restraining or coercing managerial employees by reason of their performance'. of job duties or other activities undertaken in the interests of the public employer. (b) Causing or attempting to cause a public employer to discriminate against an employee because of the employee's membership or nonmembership in an employee organization or to attempt to cause the public employer to violate any of the provisions of this ordinance; (c) Refusing to bargain collectively or failing to bargain collectively in good faith with a public employer; (d) Discriminating against an employee because he has signed or filed an affidavit, charge, petition, or complaint, or given any information or testJ_mony provided for in this ordinance; (e) Participating in a strike against the public employer by instigating or supporting, in any positive manner, a strike. Any violation of this section shall subject the violator to the penalties provided in this ordinance. (f) Instigating or advocating support, in any positive manner, for an employee organization's activities from high school or grade school students, or institutions of higher learning. (3) Notwithstanding the provisions of subsections (1) and (2), the parties' rights of free speech shall not be infringed upon and the expression of any argument or opinions shall not constitute or be evidence of an unfair employment practice or of any other violation of this ordinance, if such expression contains no promise of benefits, nor threat of reprisal or force. 1.017 -- Charges of unfair labor practices -- Violations of the provisions of Section 1.016, shall be remedied by the commission in the following manner: (1) Whenever it is charged by an employer, an employee organization or an employee that any person has engaged in or is engaging in any unfair., labor practice, the commission, or any agent designated by the commission for such purpose, shall conduct a preliminary investigation to determine if there is substantial evidence indicating a prima facie violation of the applicable unfair labor practice provision. (2) If, upon a preliminary investigation, it is determined that there is not substantial evidence indicating a pFima -14- 148V facie violation of the applicable unfair labor practice provision, the designated agen~ of the commission shall dismiss the charge. (3) A charging party whose charge is thus dismissed, may appeal to the chairman and one other member of the commission, and if they find substantial evidence of a meritorious charge, that charge shall be reinstated and served pursuant to the procedures of paragraph (a) of this section.. (a) If the commission or its agent determines that there is substantial evidence indicating a prima facie - violation the commission or such agent shall issue and cause to be served upcn the person, a copy of the charges and a notice of hearing before the commission or a member thereof, or before a designated agent, at a place therein fixed, to be held not less than ten (10) days after service of a copy of the charges by the commission. Any charge may be amended .. by the charging party, at any time prior to the issuance of an order based thereon, provided that the charged party is not unfairly prejudiced thereby. The person upon whom the charge is served may file an answer to the charge. The charging party and the respondent shall have the right to appear in person or otherwise and give testimony at the place and time fixed in the notice of hearing. In the discretion of the member or agent conducting the hearing, or the commission, any other person may be allowed to intervene in the proceeding and to present testimony. In any hearing the commission shall not be bound by the judicial rules of evidence. (b) Whenever a charging party alleges that a person has ~l~g~g~d in ~Jai~ labe~ prac~i~c~~.~ .... ~+~ he --~ ~ ~ suffer substantial and irreparable injury if he is not granted temporary relief, the commission may petition the circuit court for appropriate injunctive relief, pending the final adjudication by the commission with respect to such matter. Upon the filing of any such petition, the court shall cause notice thereof to be served upon the parties, and thereupon shall have jurisdiction to grant such temporary relief or restraining order as it deems just and proper. (4) The testimony taken by the member, agent, or the commission shall be reduced to writing and ~iled with the commission. Thereafter the commission, upon notice, may take further testimony or hear argument. (a) If, upon consideration of all evidence taken, the commission finds substantial evidence that an unfair labor practice has been con~itted, then it shall state its findings . - of fact and shall issue and cause to be served an order requiring the respondent party to cease and desist from the unfair labor practice, and to take such positive action, including reinstatement of employees with or without back pay, as will effectuate the policies of this ordinance. The order may further require the person to make reports from time to time showing the extent to which he has complied with the order. (b) If, upon consideration of the evidence ~aken, the con~ission finds that the person or entity named in the charge has not engaged in and is not engaging in the unfair labor practice, the commission shall state its findi~gs of fact and shall issue an order dismissing the charge. (c) No notice of hearing shall be issued based upon any unfair labor practice occurring more than six (6) months -15- 148W prior to the filing of the charge with the commission, unless the person aggrieved thereby was prevented from filing the charge by reason of service in the armed forces, in which event, the six (6) month period shall be computed from the day of his discharge. (d) No order of the commission shall require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to him of any back pay, if the individual was suspended or'discharged for cause. (5) The district courts of appeal are empowered upon the filing of an appropriate petition, to review final orders of the commission. Until the record in a case has been filed in the appropriate district court of appeal, the commission at any time, upon reasonable notice and in such · manner as it deems proper, may modify or set aside, in whole or in part, any findings or order made or issued by it. (6) (a) The commission may petition for enforcement of the order and for appropriate injunctive relief, and shall file the record of the proceedings before the commission in the district court of appeal. (b) Upon the filing of the petition, the appropriate district court of appeal shall cause notice thereof to be served upon the respondent, and thereupon shall have juris- diction of the proceeding and shall grant such temporary or permanent relief or restraining order as it deems just and proper, enforcing, modifying, or setting aside in whole or in part the order of the commission. No objection that has not been urged before the commission, its members or agent, shall be considered by the district court of appeal, unless the failure or neglect to urge the objection is excused because of extraordinary circumstances. The findings of the commission, with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. (c) If either party applies to the court for leave to present additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to present it in the hearing before the commission, its members or agent, the court may order the additional evidence to be taken before the commission, its members or agent, and to be made a part of the record. The commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file the modifying or new findings, which findings, with respect to questions of fact if sUpported by substantial evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. (d) Upon the filing of the record, the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review in accordance with the rules of appellate procedure. An appropriate district court of appeal may enforce its rulings by contempt proceedings, if necessary. (7) Any person aggrieved by a final order of the commission granting or denying in whole or in part the relief sought, may obtain a review of such order by filing in the appropriate district court of appeal a petition praying that the order of the commission be modified or set aside. A copy of the petition shall be filed with the -16- 148X commission. Thereupon, the aggrieved party shall file in the court the record in the proceeding certified by the commission. Upon the filing of the petition, the court shall proceed in the same manner as under subsection (5) and shall grant to the con~ission such temporary relief or restraining order as it deems just and proper, enforcing, modifying or setting aside, in whole or in part, the order of the commission. The findings of the commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. (8) The commencement of proceedings under subsection (5) or (6) shall not, unless specifically ordered by the district court of appeal, operate as a stay of the commission's order. (9) PetitiOns filed under this ordinance shall be heard expeditiously by the district court of appeal to which: presented, and shall take precedence over all other civil matters except prior matters of the same character. 1.018 -- Strikes prohibited -- No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a strike. Any violation of this section shall subject the violator to the penalties provided for herein and under state law. 1.019 -- Violation of strike prohibition; penalties -- (1) Circuit courts having jurisdiction of the parties ar~ v~sted ~,,~h %he autb~ to hear a~d de~ermine all actions alleging violations of Section 1.018 of this ordinance.. Suits to enjoin violations of Section 1.018 of this ordinance will have priority over all matters on the court's docket except other emergency matters. (2) If a public employee, a group of employees, an employee organization, or any officer, agent, or representative of any employee organization, engages in a strike in violation of Section 1.018 of this ordinance, the commission or any public employer whose employees are involved or whose employees may be affected by the strike, may file suit to enjoin the strike in the circuit court having proper jurisdiction and proper venue of such actions under the Florida Rules of Civil Procedure and the Florida Statutes. The circuit court shall conduct a hearing, with notice to all interested parties at the earliest practicable time. If the plaintiff makes a prima facie showing that a violation of Section 1.018 of this ordinance is in progress or that there is a clear, real and present danger that s~ch a strike is about to commence, the circuit court shall issue a temporary injunction enjoining the strike. Upon. final hearing, the circuit court shall either make the injunction permanent or dissolve it. (3) If an injunction issued pursuant to this section to enjoin a strike is not promptly complied with, on the application of the plaintiff, the circuit court shall immediately initia.te contempt proceedings against %hose who appear to be in violation. An employee organization found to be in contempt of court for violating an injunction against a strike shall be fined an amount deemed appropriate by the court. In determining the appropriate fine, the court shall objectively consider 'the extent of lost services and the particular nature and position of the employee group in violation. In no event shall the fine exceed five thousand dollars ($5,000). Each officer, agent or representative of -17- 148Y an employee organization found to be in contempt of court for violating an. injunction against a strike, shall be fined not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each calendar day that the violation is in progress. (4) An employee organization shall be liable for any damages which might be suffered by a public employer as a result of a violation of the provisions of Section 447.018, Chapter 74-100, Laws of Florida, by the employee organization or its representatives, officers and agents. The circuit court having jurisdiction over such actions is empowered to enforce judgments against employee organizations, as defined in this ordinance, by attachment or garnishment of union initiation fees or dues which are to be deducted or checked off by public employers. No action shall be maintained pursuant to this subsection until all proceedings which were pending before the commission at the time of the strike or which were initiated within thirty (30) days of the strike have been finally adjudicated or otherwise disposed of. In determining the amount of damages, if any, to be awarded to the public employer, the trier of fact shall take into consideration any action or inaction by the public employer or its agents that provoked or tended to provoke the strike by the public employees. The trier of fact shall also take into consideration any damages that might have been recovered by the public employer under subsection 6(a)4 of this Section. (5) If the commission after a hearing on notice conducted according to rules promulgated by the commission determines an employee has violated Section 1.018 of this ordinance, it may order the termination of his employment by the public employer. Notwithstanding any other provision of law, a person knowingly violating the provision o£ such section ~ay, subseq~cnt to s~ch violation be appointed or reappointed, employed or reemployed, as a public employee, but only upon the following conditions: (a) Such person shall be on probation for a period of six (6) months following his appointment or reappointment, employment or reemployment, during which period he shall serve without tenure. During this period, the person may be discharged only upon a showing of just cause; (b) His compensation may in no event exceed that received by him immediately prior to the time of the violation; (c) The compensation of the person may not be increased until after the expiration of one (1) year from such appointment or reappointment, employment or reemployment. (6) (a) If the commission determines an employee organization has violated Section 1.018 of this ordinance, it may: 1o Issue cease and desist orders as necessary to insure compliance with its order. 2. Suspend or revoke the certification of the employee organization as the bargaining agent of such employee unit. 3. Revoke the privilege of check-off of dues deduction and collection previously granted to the employee organization. 4. Fine the organization up to twenty thousand dollars ($20,000) for each calendar day of such violation or determine the approximate cost to the public due to each calender day of the strike an~ fine the organization an amount equal to such cost, notwithstanding the fact that the fine may. exceed 148Z twenty thousand dollars ($20,0002 for each such calendar day. The fines so collected shall immediately accrue to the public employer and shall be used by it to replace those services denied the public as a result of the strike. In determining the amount of damages, if any, to be awarded to the public employer, the commission shall take into considera- tion any action or inaction by the public employer or its agents that provoked or tended to provoke the strike by the public employees. (b) An organization determined to be in violation of the provisions of Section 1.018 of this ordinance shall not be certified until one (1) year from the date of final payment of any fine against it. (7) Orders of the commission pursuant to this section are reviewable in the district court of appeal and may be enforced by such court. 1.020 -- Other unlawful acts -- (1) Employee organizations, their members, agents, representatives, or any person acting on their behalf are hereby prohibited from: (a)~ Soliciting public employees during working hours of any employee who is involved in the solicitation, (b) Distributing literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations and any similar public installations. This section shall not be construed to prohibit the distribution of literature durJ.~g ~i~ empio~ee's lunch hour or in suc~ areas not specifically devoted to the performance of the employee's official duties. (c) Instigating or advocating support, in any positive manner, for an employee organization's activities from high school or grade school students during classroom time. (2) No employee organization shall directly or indirectly pay any fines or penalties assessed against individuals pursuant to the provisions of this ordinance. (3) The circuit courts of this state shall have jurisdiction to enforce the provisions of this section by injunction and contempt proceedings, if necessary. A public employee who is convicted of a violation of any provision of this section may be discharg'ed or otherwise disciplined by his public employer, notwithstanding further provisions of law, and notwithstanding the provisions of any collective bargaining agreement. 1.021 -- Merit or civil service system; applicability -- The provisions of this ordinance shall not be construed to repeal, amend, or modify the provisions of any law or ordinance establishing a merit or civil service system for public employees or the rules and regulations adopted pursuant thereto; or to prohJ.bit or hinder the establishment of other such personnel systems unless the provisions of.s"ch merit or civil service system laws, ordinances or rules and regulations adopted pursuant thereto are in conflict with the provisions of this ordinance in which event such laws, ordinanc..s, or rules and regulations shall not apply, except as provided in ~1.006 (3). -19- 148AA 1.022 -- Existing agreements -- Ali. public employee agreements now in existence shall remain in effect until their expiration. 1.023 -- Government in the sunshine -- The provisions of §447.023, Chapter 74-100, Laws of Florida are adopted as a part of this ordinance. 1.024 -- Severability -- It is declared to be the legislative intent that the provisions of this ordinance are severable. If any section, subsection, sentence, clause or provision is found to be unconstitutional or invalid for any reason, the same shall not affect the remaining provisions of this ordinance. 1.025 -- Review of Commission Rules -- The City Council shall retain the right to approve, amend or rescind all rules promulgated by the commission pursuant to this ordinance. In the absence of legislative action to the contrary, all rules shall have full force and effect upon their approval by the commission. 1.026 -- Conflicting Ordinances Repealed -- All ordinances and all parts of ordinances in conflict herewith are repealed on the date this ordinance becomes effective, except Ordinance No. 68-74, which shall be amended as provided in this instant ordinance and Ordinance No. 68-74 as amended by the instant ordinance shall become effective on the date this ordinance becomes effective. 1.027 -- Effective Date -- This ordinance shall take effect upon application of the City of Delray Beach to the Public Employees Relations Commission for review and approval this ordinance are substantially equivalent to the provisions and procedures set forth in Section 3 of Chapter 74-100, Laws of Florida. PASSED AND ADOPTED in reqular session on second and final reading on this day of , 1975. Mayor ATTEST: City Clerk First Reading July 14, 1975 Second Reading LEGAL IN FORM: City Attorney /e FAILED OF PASSAGE August ].l, ].975