Minutes 07-12-06
MINUTES OF THE SPECIAL CITY COMMISSION BUDGET MEETING
HELD ON TUESDAY, JULY 12, 2006 AT 1:30 P.M.
IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner (arrived 2:36 p.m.)
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
REVIEW PROPOSED BUDGET FOR FISCAL YEAR 2006-07 (Continued from Julv 11,
2006)
Mayor Taylor called the meeting to order at 1:35 p.m.
Mr. Bressner distributed a list recapping the items discussed at the previous day's meeting.
GENERAL FUND
On page 33, Commissioner Ensler summarized a perceived inconsistency between the Building
permit projected revenue decrease of $l.3M and the Planning and Zoning projected expense
increase of $609,000. Mr. Bressner reaffirmed the previous discussion that the expenses
increased due to the additional staff.
On page 34, Commissioner Ferguson pointed out the code enforcement fines revenue was
projected at $200,000. He noted there are 500 outstanding liens of which 250 are over
$10,000 each, indicating only 6% of the total liens are being collected. Commissioner Ferguson
suggested an overhaul of the imposition of liens should be undertaken since the monies are
uncollectible. Attorney Cherof interjected the bulk of the liens are on homesteaded properties
making them exempt from foreclosure. Only when the property changes ownership can the
liens be collected. Commissioner Ferguson contended the imposition of the lien was his
concern. Mayor Taylor added the imposition of the lien is intended to leverage compliance. Mr.
Bressner indicated staff would review the lien process and recommend any changes that may
be appropriate.
On page 40, Commissioner Ensler requested an explanation of the difference between the
reimbursable expenses and meetings categories. Mr. Bressner explained the reimbursable
expenses are those the Commissioners receive on a monthly basis. The monies under meetings
cover expenses of members of the Commission to represent the City in organizations outside
the City. The figure includes three trips to Tallahassee, Palm Beach County Days, Commission
retreat and four meetings for the Board of Municipal Investment Trust.
1
Meeting Minutes
Special City Commission Meeting
Boynton Beach, Florida
July 12, 2006
On pages 42, 43, and 44, Commissioner Ensler suggested the City Manager's objectives and
goals include a commitment to the handicapped, veterans and expansion of cultural activities
within the City. It was agreed the objectives should be added after further review and
discussion to establish the detail and specifics involved.
On page 55, Commissioner Ensler requested two concerts by the Boynton Beach Symphony
Orchestra be added to the list of City events to be promoted as a goal. Commissioner Ensler
had requested $10,000 of funding for the orchestra in the event an agreement could not be
reached with the Palm Beach County School District covering costs. Commissioner Ferguson
contended the goal should be to enhance the promotion of all City events without listing specific
events and he would not support funding for the orchestra specifically. Mr. Bressner advised
the symphony had received some monies from the City through discretionary funds. The Palm
Beach County School District determined the symphony was not a City recognized entity as
outlined in a previous agreement, entitled to the use their facilities at no cost. Mr. Bressner
indicated a letter had been sent to the School Board asking that the language of the agreement
be amended to embrace the orchestra. Commissioner Ensler's request for funding was
contingent on the amendment to the agreement. The policy decisions to be made are the
possible funding and whether the symphony orchestra should be considered a City sponsored
activity .
Mr. Bressner pointed out the Gold Coast Band had been using the Civic Center for over 25 years
at no cost with a high level of in-kind support from the City. The Oceanfront Concert Series,
Pirates of the Intracoastal and Medieval Faire are funded by the City. The Heritage Fest is
partially funded by the City. The monies are budgeted as $130,029 under Special Events.
Mayor Taylor suggested using St. Joseph's auditorium as a possible site also. Commissioner
Ferguson opposed adding $10,000 to the budget based on the previous refusal to add the
YMCA. Mayor Taylor and Vice Mayor McKoy agreed to the addition of the $10,000 to the
budget.
Vice Mayor McKoy requested a review of the figures allotted for the Heritage Fest. Wayne
Segal, Director of Public Affairs, responded the City budgets $50,000 for the event and he
anticipated the Community Redevelopment Agency (CRA) budgeting $50,000. He added the
other events listed are also partially funded by the CRA. Commissioner Ensler clarified the
monies requested for the symphony orchestra would be to cover only those expenses
associated with the Palm Beach County School District.
Since there was not a guarantee that the CRA would contribute funding, Mr. Bressner asked for
direction to submit a letter requesting confirmation of the funding for special events.
On pages 198 and 199, Commissioner Ensler questioned the objective relating to the Boundless
Park and the timeline for both funding and construction being inconsistent. Wally Majors,
Recreation and Parks Director, indicated the goal to commence fundraising could be modified to
begin immediately. Mr. Hawkins contended the entire project hinged on funding. He
announced a 501(c)(3) organization was being created to allow soliciting tax deductible and
philanthropic funding on a local, as well as national level, which would not be available to
government organizations. Also foundations within the City and County have been contacted
for fundraising for not only the Boundless Park, but also other projects in the City.
2
Meeting Minutes
Special City Commission Meeting
Boynton Beach, Florida
July 12, 2006
Commissioner Ensler's opinion was the Commission needed to make a decision on the
availability of funding in relation to moving forward with the Boundless Park project. Mr.
Bressner asserted a policy decision on the source of funding was needed first. Commissioner
Ensler remarked the two funding sources could be explored concurrently. Mayor Taylor and
Commissioner Ensler were impressed with the idea of creating a 501(c)(3) funding source.
There being no further questions, Mayor Taylor concluded discussion on the budget items. He
commented he was very pleased with the effort and work done on the budget by staff. The
budget enabled the Commission to offer the residents a tax break based on the work of staff
throughout the year. Mayor Taylor noted the Commission must question some requests to be
fiscally responsible. Also the population and development have been growing as has the
services required to maintain the City, which takes money and people.
Mr. Bressner personally thanked Bill Mummert, Mary Munro and staff for their excellent work on
the budget.
Commissioner Ensler remarked he has questioned many items and staff has responded well.
Although he still had concerns regarding one matter, he would vote to approve the budget.
CAPITAL IMPROVEMENTS
Mr. Bressner gave an overview of the discussions and indicated funds would be folded back
through the Fire Assessment Fund, but the bottom line would remain the same for the General
Fund as well as the Capital Improvement Budget. He mentioned there remains $lM of
unappropriated funds from the $20M bond issue.
On page 322, Commissioner Ensler, found it hard to believe that $4.3M would be received
through grants for the Boundless Park. On page 326, the cost of the park was also shown as
$4.3M. He asked that the funding and timeline be more realistically reflected in the final
budget. Commissioner Ensler also noted the current year's budget of $515,000 has not been
spent and part of the monies were allocated to commence the infrastructure for the park. Mr.
Bressner responded the monies were grant contingent and that grant was not received.
Mr. Bressner cautioned the Commission that the feasibility study revealed a total expense in
excess of $4.3M. The plans are not articulated enough to warrant an exact budget figure or
anticipate a funding gap. Commissioner Ensler suggested the expense be budgeted over a
period of time and Commissioner Ferguson felt that was the only alternative. Vice Mayor McKoy
agreed. Mayor Taylor wanted to determine the funding sources first. Mr. Bressner pointed out
the property does have a value which can assist in leveraging grants and funding.
Mayor Taylor summarized the discussion that the entire Commission wanted the park to be
built. The goal would be to establish incremental funding and a phasing plan to establish a
finish line. Commissioner Ensler requested the emphasis be on completing the boundless
playground first. However, Mayor Taylor opposed using the entire $lM remaining from the
bond issue as other projects could arise during the upcoming year. Mr. Majors stressed the
master plan was almost completed and a feasibility study may need to be undertaken for the
sake of any fundraising efforts. The monies for the feasibility study are contained in the
operating budget.
3
Meeting Minutes
Special City Commission Meeting
Boynton Beach, Florida
July 12, 2006
On page 322, Mayor Taylor recalled plans for more development at Jaycee Park and yet no
monies had been allocated for that park. Jody Rivers, Parks Superintendent, reported the
current year's budget contains funds for development of Phase I of Jaycee Park. The money
will be rolled over to next year's CIP. Phase II construction had already received $200,000 in
grant funding. Mr. Bressner indicated $l.4M had been set aside in next year's budget for
completion next year. Debbie Majors clarified a $200,000 grant had been received for Phase I
and another $200,000 grant approved for Phase II. Mr. Bressner added the CRA would be
funding $160,000 from the mangrove mitigation.
On page 324, Commissioner Ensler questioned the $lM for land acquisition in the Heart of
Boynton, since eminent domain was no longer an option. Mr. Bressner explained the targeted
parcels are west of Seacrest and would be part of the affordable housing component. Seven or
eight parcels have been acquired with the hope that four or five may be available for acquisition
using negotiated purchases.
Commissioner Ensler brought up the re-roofing of the old Library and the $2.4M contract
including the cost of re-roofing. Mr. Livergood confirmed the original contract price did include
the new roof on the old Library building. The $160,000 designated for the re-roofing will be
needed for the change order being brought to the Commission.
On the Library furnishings, Commissioner Ensler suggested competitive bidding for the $lM of
furnishings would be appropriate. Mr. Bressner interjected the budget and prospective costs
should be coordinated through his office first before it is submitted to the Commission.
(Commissioner McCray arrived at 2:36 p.m.)
Mayor Taylor gave a summary of the items discussed thus far for the benefit of Commissioner
McCray.
On page 327, Commissioner Ensler was confused regarding the funding for the Little League
Park. Mr. Bressner explained the City had previously funded everything except the lighting for
Field #1. Commissioner McCray brought up the $100,000 donation that had been made to
improve the Parks. Mr. Bressner replied FEMA would be reimbursing $46,000 and authorize
$96,000 as mitigation funds. The mitigation funds are an incentive to replace damage with
materials that would be more resilient to hurricane winds. The Little League Board has
indicated a willingness to seek volunteer contract donations hopefully netting approximately
$80,000. It was agreed Mr. Bressner could negotiate with the Little League Board to get the
work done as soon as possible.
On page 329, Commissioner Ferguson asked for a status update on the Wilson Park project.
Mr. Bressner responded the project was waiting for permits to then go out for bids. Mr. Majors
was confident construction could commence in October for a 12 to 14 month project
completion. Mr. Livergood indicated the plans had been returned for a second review and the
contracts will be requiring completion by the end of the 2006/2007 fiscal year. Commissioner
McCray asked that the original contract be as accurate as possible to eliminate the need for too
many change orders. Mr. Bressner noted the construction environment remains very volatile.
On page 329, Commissioner Ensler inquired if the Veterans Park project would be ready for the
prep work to be done for $20,000. Ms. Rivers replied the master plan would be submitted for
4
Meeting Minutes
Special City Commission Meeting
Boynton Beach, Florida
July 12,2006
approval at the next Commission meeting. Three artists have been selected by the Arts
Commission to work in conjunction with the landscape firm. Mr. Hawkins reported by the end
of August the artist will have been selected and a contract could be issued.
Mayor Taylor had heard that Veterans Park may be combined with Bicentennial Park. If that
were a future possibility, he questioned spending $100,000 on a piece of land that may be
moved. Commissioner Ensler requested the discussion be deferred until a conference with the
City Manager could be accomplished.
On page 329, Commissioner McCray questioned why the allocation of funds for Sara Sims had
been pushed to 2010+ and the purpose of the $200,000 in 2008/2009 to acquire property for
the Sara Sims Cemetery. Mr. Livergood reported the entire project had been funded by the
CRA. Commissioner McCray recalled the bond issue for the CRA included work on Sara Sims
Park and he felt the project should be moved ahead. The plan for Sara Sims Park had been
discussed years ago in relation to the plans for the Heart of Boynton and nothing had ever been
done. Mr. Bressner replied the City was operating on the advice of the CRA and he would
discuss the project with Ms. Bright. Ms. Rivers advised the property to be acquired would be
adjacent to the cemetery to expand the opportunities at Sara Sims Park when Boynton Beach
Memorial Park became full. Commissioner McCray noted the citizens had been told the park
would be a passive park. The citizens want to continue to be buried on Woolbright, so he did
not feel spending the money on Sara Sims would be in the interest of the citizens.
Mayor Taylor was not aware properties were being bought to expand Sara Sims Cemetery. He
felt the City should investigate getting out of the cemetery business and did not feel any
expenditure should be appropriated. Mr. Hawkins discussed the idea was to expand Sara Sims
Park not just the cemetery as a whole. Attorney Cherof commented the disposition of a
municipal cemetery would take three to four years due to regulatory issues involved.
Mr. Bressner advised the resolution on the tax rate was still outstanding. Attorney Cherof
reminded the Commission the rate being set could not be increased, only decreased.
Mayor Taylor also brought up the utility tax and the entire Commission agreed they did not
want to pursue the utility tax.
Mr. Bressner summarized the adjustments and advised the 7.2% rate would maintain a surplus
of $245,000. An outstanding issue was $10,000 for the anti-bullying campaign at Galaxy and
Congress Middle School. The monies could be taken from the surplus.
Commissioner McCray felt the City Manager could reallocate funds to accommodate a millage
rate of 7.00 to alleviate the tax burden on the citizens. Mr. Bressner recommended a deficit
budget not be approved.
Commissioner Ferguson had four comments. First, he felt the budget was brilliant but did not
take into consideration the citizens. At a rate of 7.2 mills the citizens would only receive a 15%
to 16% return. He felt at least 35% of the surplus should be returned to the citizens and
decrease the ad valorem tax rate to 6.8 mills. He announced he would not support a budget
above 6.8 mills.
Second, Commissioner Ferguson addressed the fire assessment. He reviewed the original plans
for the use of the $17M to $18M collected from the fire assessment. Although it was promised
5
Meeting Minutes
Special City Commission Meeting
Boynton Beach, Florida
July 12, 2006
all the plans could be done with the monies collected, it now appeared to be $10M over budget
on the fire operations.
Third, Commissioner Ferguson noted a study had been completed three years ago that revealed
the Police Department was operating in 16,000 square feet and needed 64,000 square feet.
The police force has since hired many new officers and the priority should be to move the Police
Department to the new fire station location and help alleviate the crowding at City Hall.
Fourth, Commissioner Ferguson felt strongly the City of Boynton Beach had too many
employees, particularly supervisory positions, and the workforce should be cut to 900
employees until 80,000 in population had been achieved. If the personnel level were reduced,
Commissioner Ferguson contended the millage rate of 6.8 mills would be appropriate.
Mayor Taylor commented he would never vote for a deficit budget. He was in favor of a
millage rate of 7.3 with a goal of reducing the rate to 7.2 mills before adoption of the budget.
Commissioner Ensler was concerned about returning the increased revenue to the taxpayers.
He adjusted the budget figures and would agree to a millage rate of 7.2 asking the City
Manager to target 7.0 mills for the final budget. Commissioner Ensler concurred the
organization was top heavy with supervisors and should be addressed.
Vice Mayor McKoy voiced concerned with the supervisory positions and the issue of being top
heavy. He supported a 7.2 millage rate.
Commissioner McCray indicated he supported a millage rate of 7.0 and agreed a reduction in
the number of employees would be appropriate.
Mayor Taylor further commented although the City of Boynton Beach has more employees than
other municipalities, the City of Boynton Beach has less crime, more completed projects
undertaken and better utility systems maintained. He reminded the Commission the City
employees support the citizens 24 hours a day, seven days a week including workers and
supervisors. Mayor Taylor speculated that by cutting staff, the overtime required would surpass
the cost of the additional employees.
Motion
Commissioner Ensler moved to set the rate at 7.2 mills. Vice Mayor McKoy seconded the
motion. The motion passed 3-2. (Commissioners McCray and Ferguson dissenting.)
Motion
Commissioner Ensler moved to target the City Manager to reach 7.0 mills for the final budget
without going into deficit financing. Commissioner McCray seconded the motion. The motion
passed 4-1. (Commissioner Ferguson dissenting)
Attorney Cherof read Proposed Resolution R06-117 reflecting 7.2 mills for general operating
budget purposes. The first public hearing would be September 6, 2006 for adoption of the final
budget.
Motion
6
Meeting Minutes
Special City Commission Meeting
Boynton Beach, Florida
July 12, 2006
Vice Mayor McKoy moved to adopt Proposed Resolution R06-117. Commissioner Ensler
seconded the motion. The motion passed 3-2. (Commissioners McCray and Ferguson
dissenting.)
There being no further business to come before the Commission, Mayor Taylor adjourned the
meeting at 3: 16 p.m.
CITY OF BOYNTON BEACH
'tn, f0hLur4}
Ja et M. Prainito, CMC
'is:~+
ith A. Pyle
eputy City Clerk
(071306)
{
r - Mack
"Lb
C .. M .C F
om miSSioner - U1r . erguson
-
ATTEST:
7