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Minutes 09-22-92MINUTES OF THE CITY COMMISSION BUDGET PUBLIC HEARING HELD IN COI~ISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 22, 1992, AT 6:30 P. M. PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Corm~issioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk OPENINGS A. Call to Order Mayor Weiner called the meeting to order at 6:30 P. M. B, Agenda Approval 1, Additions, Deletions, Corrections Commissioner Walshak added discussion on cost of the recommendations made by Murphy, Mayo and Associates, Inc. Commissioner Harmening objected, saying that in parliamentary procedure you can only amend the agenda by unanimous consent. Attorney Cherof did not think this was correct, saying that the City Commission's procedure has been that any member of the Commission can add an item to the agenda. Commissioner Harmening agreed but said he was referring to basic parliamentary procedure. Commissioner Aguila wondered if the City Commission was prepared to put numbers to the recommendations twenty four hours after receiving the report of Murphy, Mayo and Associates, Inc. 2, Adoption Notion Commissioner Walshak moved to adopt the agenda with his addition. The motion died for lack of a second. Motion Commissioner Aguila moved to adopt the agenda as presented. Vice Mayor Matson seconded the motion which carried 4-1. Commissioner Walshak cast the dissenting vote. II, PUBLIC HEARING A, Flnal Budget and Aggregate Millage Rate for Fiscal Year 1992/93 City Manager Miller stated that pursuant to F. S. 200.065{2){d} with fifteen days of the meeting adopting the tentative budget, the City Commission shall MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 22, 1992 advertise in a newspaper of general circulation in the County its intent to finally adopt a millage rate and budget. This was advertised in the Palm Beach Post on September 19, 1992. During this hearing, the City Commmission, as the Taxing Authority, shall amend the adopted tentative budget as it sees fit, adopt a final budget, and adopt a resolution stating the millage rate to be levied. During these hearings, the first substantive issue to be discussed shall be the percentage increase in millage over the rolled back rate necessary to fund the budget, which is set at 1.83%. The specific purpose for which ad valorem tax revenues are being increased is to maintain the level of municipal services, programs and activities due to an increase cost of services and the depletion of the revenue stream. At the public hearing on September 10, 1992, the City Commission added several amendments to be incorporated into the text of the tentative general operating budget for FY 1992/93, which will include the Wellness Program (an additional appropriation of $3,328), a civilian security guard program (an additonal appropriation of $53,960), appropriations for interments and disinterments to be increased $5,000 and the transfer from the Boynton Beach Memorial Park Cemetery to the General Fund be decreased in that same amount, realizing a net difference of $34,754, reducing the millage .0186 mills to the proposed millage of 8.4687. Due to the recent approval of two interlocal agreements between the City of Boynton Beach and the Towns of Briny Breezes and Ocean Ridge for emergency medi- cal services, Boynton Beach stands to collect $135,000 for fiscal year 1992/93. However, in order to offer this service with no negative impact to the response time to the residents of Boynton Beach, the Fire Department has indicated the need to employ an additional three paramedics. Taking into consideration the additional $105,225 appropriation for the three additional paramedics, and the amendments the Commission made at the September 10, 1992 hearing, the bottom line comes to a difference of revenue over expenditures in the amount of $29,775. Therefore, in order to balance the General Operating Budget tonight, the City Commission needs to deal with the $29,775 or any other amount that would be derived from any additions or dele- tions the Commission might make. At the conclusion of this public hearing, the City Commission shall adopt its final millage rate first and then adopt its final budget. The adoption of the budget and the millage levy by resolution shall be by separate votes, and the millage levy resolution shall be publicly read in full prior to its adoption. PUBLIC AUDIENCE Vlncen~ Flnlzlo, Administrative Coordinator of Engineering and Inspections of the City of Boynton Beach, stated that currently in the employee work force when we have annual evaluations, irrespective of whether or not we are exemplary employees or our performance is poor, the result is still the same. There are no raises. Therefore, there is no incentive not to be a bad employee. Based 2 #INUTE$ - CITY COI,4HI$$ION BUDGET PUBLIC HEAR]'NG BOYNTON BEACH, FLORIDA $EPTENBER 22, 1992 upon statements made by the Police Department last year and the Fire Department previously, he felt that the low morale of the City may be widespread and morale always appears to be a factor in the general performance of employees when they render municipal services to the public. He distributed copies of documents to the City Commission and City Clerk, bringing their attention to Section 72.10 of the City Charter, which states that all decisions on personnel matters shall be made solely on the basis of merit and fitness of the individual. He pointed out that this section does not state that all personnel matters shall be decided solely on the basis of the City's financial status or the City's fiscal finan- cial responsibilities or irresponsibilities. Regarding the resolution adopted last year and the one the City Commission may adopt tonight, Mr. Finizio said it appears that its adoption may be in direct violation of Chapter 166 of th~ Florida Statute. He stated that under the State Constitution, that Chapter references the broad powers provided to the City, but not irrespective of those powers which are expressly prohibited by law. He read portions of Subsection 4 of Chapter 166 and respectfully requested the City Commission to seek the legal opinion of the Attorney General as to whether or not the adoption of last year's resolution or potentially this year's resolution may potentially constitute a violation of that Statute wherein the resolution dilutes, disregards and negates the intent of the City Charter relative to the merit principle and the merit system, including the equal pay for equal work provision and that the Attorney General render that opinion prior to the adoption of the ordinance so that the City Commission may be assured that its actions are lawful. Attorney Cherof said it is his responsibility to review ordinances and resolu- tions for legal fitness when they come before the City Commission. He said he does this each and every time that one comes before the City Commission and he does this based upon being a member of the Florida Bar and Texas Bar since 1978 and in that time period practicing municipal law. He finds no flaw'in any of the resolutions or ordinances adopted by the City Commission in conjunction with the~budget and suggested that the individual who just spoke is not qualified to advise the City Commission with respect to that legality. City Manager Miller stated that in order to implement programs under the ADA, as well as some of the recommendations of Murphy, Mayo and Associates Inc. assistance will be needed. ' ' William Sullivan, Personnel Director, requested part-time assistance. He stated that the two FAU students should be finished with the job description project in November or December and at that point he would like to hire a high school BCE (Board of Cooperative Education) student on a daily basis to assist with the routine work. Hotlon Commissioner Harmening moved to approve the request of the Personnel Director. Vice Mayor Matson seconded the motion which carried 5-0. NINUTE$ - CITY CONNISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEHBER 22, 1992 City Manager Miller explained that the City is providing emergency medical serv- ices to both Briny Breezes and Ocean Ridge effective October 1, 1992. Boynton Beach stands to bring in a minimum of $135,000 the first year. Therefore, even by hiring three paramedics at a cost of $105,225, the City is still increasing revenues for the City. He added that the City is not losing anything and is broadening coverage of the eastern part of the City because Station #1 will have two rigs now instead of one. In response to Mayor Weiner, City Manager Miller advised that the $105,225 includes all benefits for the three paramedics. Ho~lon Commissioner Aguila moved to approve the fire service agreement. Commissioner WalShak seconded the motion which carried 5-0. City Manageir Miller advised that there was an outstanding issue at the last meeting relative to funding the Planning Technician position. He checked on personnel in the Building Department; however no individuals can be spared at the present! time. Cormaissioner Aguila was still supportive of funding the Planning Technician position. Vice Mayor Matson felt the work is not there right now to justify w funding this position. She would rather use the money to lower the insurance premiums or keep it frozen until there is a need for a Planning Technician. Commissioner Harmening agreed with Vice Mayor Matson. Hotlon Coff~issioner Aguila moved to hire a Planning Technician. Commissioner Walshak seconded the motion. The motion failed 2-3. Mayor Weiner, Vice Mayor Matson, and Commissioner Harmening cast the dissenting votes. Ho~lon Commissioner Aguila moved to direct the City Manager to continue his search for an employee that is able to be transferred into the Planning Department as a Planning Technician. Vice Mayor Matson seconded the motion. Commissioner Harmening did not feel it was necessary to increase the scope of activities of the Planning Department. He said the work in the Planning Department has fallen off rather dramatically because there is no longer nearly the amount of new construction that there used to be. Vice Mayor Matson believed that the Planning Department does an awful lot in the scope outside this municipality and felt if they could concentrate a little more on issues within the municipality, they would have less work and more time. *Vice Mayor Matson clarified that she would rather use the money to lower The "emp'l~o,¥e~es''' insurance premiums. 4 NINUTE$- CITY CONNIS$ION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTENBER 22, 1992 Commissioner Harmening suggested that if somebody in the Building Department was to be in peril of being laid off because of lack of work, that the workload in the Planning Department be reevaluated at that time to determine if there is a need for a Planning Technician. He stated that the business of the City has been managed since the last budget when money was tight without any large number of lay offs. He did not want to see someone hired that the City may have to just turn around and lay off. The motion carried 3-2. Commissioner Harmening and Commissioner Walshak cast the dissenting votes. City Manager Miller recapped the budget at this time. The Personnel Department' addition would be $8,844. The three paramedics were already factored in so the bottom line on this item did not need to be changed. The $30,831 for the Fund Frozen Position was eliminated. The difference is $29,775. Grady Swarm advised that the cost of FICA was not-included in the amount allocated for the BCE stu- dent. Therefore, the correct figure is $9,521 leaving $51,085 revenue over expenditures. ' Motion Commissioner Aguila moved to reduce the millage by $51,085. Mayor Weiner passed the !gavel and seconded the motion. Commissioner Harmening suggested reserving the $51,085 to implement some of the suggestions incorporated in the report of Murphy, Mayo and Associates, Inc. In response to Commissioner Aguila, City Manager Miller estimated that it would costibetween $50,000 and $100,000 to implement all the recommendations of Murphy, Mayo and Associates, Inc. The motion failed 5-0. Notion Commissioner Harmening moved to direct the City Manager to put the $51,085 in a separate contingency fund to implement the recommendations made by Murphy, Mayo and Associates, Inc. Commissioner Aguila seconded the motion The motion carried 5-0. ' City Manager Miller advised that the millage rate would be 8.4687, which would comprise total General Operating of 7.9518 and Debt Service of .5169. III. ,LEGAL A, Proposed Resolution No, R92-168 Re: Adopt Final Millage Rate for FY 1992/93 Attorney Cherof read Proposed Resolution No. R92-168 in its entirety, the title of which is as follows: MINUTES - CITY C01~4I$$ION BUDGET PUBLZC HEARING BOYNTON BEACH, FLORIDA $EPTEHBER 22, 1992 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL MILLAGE RATE OF 7.9518 MILLS FOR THE CITY'S GENERAL OPERATING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993; PROVIDING THAT THE FINAL MILLAGE RATE OF 7.9518 MILLS IS 1.83 PERCENT (1.83%) ABOVE THE COMPUTED ROLLED-BACK RATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Hotlon Commissioner Harmening moved the adoption of Proposed Resolution No. R92-168. Commissioner Aguila seconded the motion. Commissioner Harmening pointed out that if it were not for the fact that the Commission wanted to give the City employees a pay raise this year, which it was notable to do last year, even though it may be relatively small, the Commission would not have had any increase in the millage rate and, in fact, could have reduced it. However, Commissioner Harmening felt the City employees were deserving of it. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. B. Proposed Resolution No, R92-169 Re: Adopt Final Budget for FY 1992/93 Attorney Cherof read Proposed Resolution No. R92-169 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT OF THE CITY FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND; VOTED DEBT SERVICE FUNDS; CAPITAL IMPROVEMENT FUND; PUBLICITY FUND; UTILITIES FUND; VEHICLE SERVICE FUND; SANITATION FUND; LOCAL OPTION GAS TAX FUND; WAREHOUSE FUND; CRA/COMMUNITY IMPROVEMENT FUND; GOLF COURSE FUND; PUBLIC SERVICE TAX BONDS FUNDS; AND SELF-INSURANCE FUND; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Notion ViceiMayor Matson moved to approve Proposed Resolution No. R92-169. Commissioner Aguila seconded the motion. Attorney Cherof advised that the number that gets plugged into Section 2 of this PropOsed Resolution is $29,331,553. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. 6 #INUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 22, 1992 Ordinance - 1st Reading Proposed Ordinance No. 092-50 Re: Adopting the Budget and Setting Appropriations for FY 1992/93 Attorney Cherof read Proposed Ordinance No. 092-50 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNT. ON BEACH, FLORIDA, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; AND SETTING FORTH APPROPRIATIONS FOR THE OPERATION OF THE GOVERNMENT; ESTIMATING RECEIPTS FROM TAXATION AND OTHER REVENUE SOURCES FOR THE GENERAL FUND; VOTED DEBT SERVICE FUNDS; CAPITAL IMPROVEMENT FUND; PUBLICITY FUND; UTILITIES FUND; VEHICLE SERVICE FUND; SANITATION FUND; LOCAL OPTION GAS TAX FUND; WAREHOUSE FUND; CRA/COMMUNITY IMPROVEMENT FUND; GOLF COURSE FUND; PUBLIC SERVICE TAX BONDS FUNDS; AND SELF-INSURANCE FUND; PROVIDING FOR SEVERABILITY, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Attprney Cherof advised that the number to be plugged into Section 2 for the appropriation is $29,331.553. Notion Commissioner AgUila moved to approve Ordinance No. 092-50 on first reading. comr~issioner Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. IV,i BUSINESS Proposed Resolution No, R92-170 Re: Authorize Execution of an Agreement Between the City of Boynton Beach and IBM for the upgrade of the AS/400 Computer System Attorney Cherof read Proposed ResolUtion No. R92-170 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND IBM CORP. FOR THE UPGRADE OF THE AS/400 SYSTEM; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Commissioner Harmening moved the adoption of Proposed Resolution No. R92-170 Vi eiMayor Matson seconded the motion. A roll call vote was polled by City C i . Clerk Sue Kruse. The motion carried 5-0. 7 NINUTE$ - CITY COIOtISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA $EPTENBER 22, 1992 B. Proposed Resolution No. R92-171 Re: Increasing the Opening and Closlng Costs for Each Category for the Cemetery Attorney Cherof read Proposed Resolution No. R92-17! by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDIA, INCREASING CEMETERY OPENING AND CLOSING RATES. Notion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-171. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. C, Proposed Resolution No, R92-172 Re: Increasing the non-resident Fees for Borrowers Cards for Boynton Beach Library Attorney Cherof read Proposed Resolution No. R92-172 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION 71-SS, NON-RESIDENT BORROWER CARD FEES. Notl!on Commissioner Harmening moved the adoption of Proposed Resolution No. R92-172. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerlk Sue Kruse. The motion carried 5-0. D, Proposed Resolution No, R92-173 Re: Adoptlng the Pay Plan for the 1992/93 Flscal Year Effective October 1, 1992 Attorney Cherof read Proposed Resolution No. R92-[73 by title only: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF BOYNTON BEACH, FLORIDA, AND ADOPTING THE PAY PLAN FOR THE [992/93 FISCAL YEAR EFFECTIVE OCTOBER [, [992. Attorney Cherof advised that the figure that gets plugged into Section 2 of this PropOsed Resolution is three percent (3%). Vincent Finizio stated that last year all raises were frozen, predicated and founded upon the City Manager's statement that there was a $500,000 budget deficit. Subsequent to that statement, this City Commission determined that was basically a paperwork deficit and that an actual deficit did not occur. He saidihe read in the newspaper of this Commission wanting to donate 1.2 or 1.5 million dollars to build a high school in this community and of a newly found $94,000 revenue. Mr. Finizio stated that last year the Civil Service Board was asked by the City Commission if the Civil Service Rules could be changed and the MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEHBER 22, 1992 Civil Service Board objected vehemently. The proposal went through the City Commisison without objection and the City Commission approved a freeze. He said there appears not to be a merit system any longer and asked how the City can expect employees to work hard year after year and render good services when they are not. being compensated at all. Mr. Finizio reiterated some of his earlier points and stated that when employees take on the additional burden of employees who have been cut back, they are acting over and above and should receive some type of compensation consistent with the City Charter. Richard Stone, who works in the Utilities Department of Boynton Beach and is a resi!dent of the City of Boynton Beach, felt that in light of the $92,000 in revenue over expenditures and the $51,000 in revenue over expenditures, and desPite the financial situation in the City, the employees have been short- changed. He said there seems to be a pattern and explained that two years ago, the :employees received a three and three cost of living adjustment which the C~t~.c!aim~d to be.6%, but because it was three and three, it was~.' On top o? t!nat, it was not retroactive eventhough the money had been appropriated for retroactive pay. Last year the employees did not get anniversary or cost of living raises. The IBF&O did not push for anniversary raises because they felt that the employees would get a fair and equitable cost of living increase in exchange. He felt it was unfair that the 10% increase in medical premiums could not be partially absorbed by the $92,000 and $51,000. Other suggestions for this money included increasing the proposed cost of living adjustment by a few percentage points or giving the employees a small Christmas bonus to show appre- ciatiion. He felt it should be taken into account that the employees have taken on more of a burden. He stated that the morale among City employees is extreme- ly lOw. They are doing more and more work and do not feel they are being ade- quately compensated. He said the City employees are very disgruntled and he wished the Commissioners would visit the job sites and talk to the workers on a one-to-one basis. Commissioner Harmening asked Mr. Stone to advise the employees who are disgruntled that the City Commission increased the millage rate to produce more money this year in order to give a 3% raise. To give all the general employees a 1%iraise cost approximately $170,000 excluding Utilities Sanitation and Golf CourSe. ' , Mr. Stone pointed out that when medical premiums are increased by $6 or $7 a week and an employee makes $8 an hour, that increase is virtually negligible. Commissioner Harmening agreed it is not really a raise if you consider the cost of living. Commi!ssioner Harmening moved the adoption of Proposed Resolution No. R92-173. Commilssioner Aguila seconded the motion. A roll call vote was polled by City Clerkl Sue Kruse. The motion carried 3-2. Vice Mayor Matson and Commissioner Walsh!ak cast the dissenting votes. #INUTE$ ' CITY CO~I$SION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 22, 1992 V, ADJOURNHENT There being no further business to come before this Commission, the meeting properly adjourned at 7:30 P. M. ATTEST: Ci t~ Clerk - Recording Secretary (Two Tapes) THE CITY OF BOYNTON BEACH Mayor Commissioner yCommissioner 10