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Minutes 09-10-92#INUTES OF THE CITY COI~ISSION BUDGET PUBLIC HEARING HELD IN CONHISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, SEPTEI4BER 10, 1992, AT 6:30 P. #. PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order Mayor Weiner called the meeting to order at 6:30 P. M. B, Agenda Approval 1. Additions, Deletions, Corrections None. 2. Adoptlon VicQ Mayor Matson moved to adopt the agenda as presented. Commissioner Aguila seconded the motion which carried 5-0. II, PUBLIC HEARING A, Proposed Tentative Budget and Proposed Aggregate Nlllage Rate for Fiscal Year 1992/93 Cit9 Manager Miller stated that pursuant to F. S. 200.065(2)(c), the governing bod9 shall hold a public hearing on the tentative budget and proposed millage rat. Prior to the conclusion of the hearing, this Commission will be in a pos ~ion to amend the tentative budget as it sees fit, adopt the amended tenta- tive budget, recompute its proposed millage rate, and publicly announce the per- centage, if any, by which the recomputed proposed millage rate exceeds the rolled back rate. At the present time, the proposed millage rate is set at 7.97D4. The rolled back rate is computed to be 7.8090. The difference of .1614 mills represents a 2.07 percent increase in millage over the rolled back rate necessary to fund the budget. The specific purpose for which the ad valorem tax revenues are being increased is t~ maintain the level of municipal services, programs and activities due to increase in the service and costs. Seve hear chan ral budget workshops were held on July 27, 28, and 29. At the special ng on July 29, a proposed millage rate of 7.9704 was set and numerous es to revenue and expenditures were made, which are outlined in Exhibit A NINUTE$ - CITY CO##I$$ION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTE#BER 10, 1992 of City Manager Miller's Memorandum No. 92-197. Since that time, staff has effected several other adjustments to the general operating fund on both the revenue side and the expenditure side as noted in the first paragraph on page 2 andiExhibit A of Memorandum No. 92-197. Taking all these adjustments into consideration, revenue has increased to $29~231,307 and proposed expenditures are $29,139,265, resulting in a difference of revenues over expenditures of $92,042. Cit~ Manager Miller briefly reviewed the recommendation to consider implementing a civilian security guard program and referred to Wilfred Hawkins' Memorandum No. 92-25W, dated September 10, 1992, which explains this program in more detail. The program costs $53,959. PurSuant to F. S. 200.065(2)(d), within 15 days of this meeting, the City Co~ission shall advertise in a newspaper of general circulation its intent to finally adopt a millage rate and budget. A public hearing to finalize the budget and adopt a millage rate shall then be held. This date has been set for TUesday, September 22, 1992 at 6:30 P. M. At ~he conclusion of this public hearing, the City Commission shall adopt its tentative millage rate first and then adopt its tentative budget. The adoption of tihe 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 adop- tionl. I*,AYOR WEINER OPENED THE PUBLIC HEARING, Courl~ne$ Morgan is the Cross Connection Technician for the City of Boynton BeaCh. It was his understanding that this position is to be eliminated from the budget,.~ . .which would cause him to be laid off. He said he has not received a definitive answer from the City Manager's Office or the Personnel Director regayding whether he will be laid off or receive a lesser paying position. He said he has received conflicting statements and would like an answer. Will~am Sullivan, Personnel Director, advised that at a previous budget work~hop, discussion took place regarding phasing out the Cross Connection Technician position for the new budget year. Based on that meeting, Mr. Sullivan called Mr. Morgan to his office twice and advised him that it had been suggested that this position be eliminated, but that this would not be finalized until the second hearing of this budget on September 22, 1992. Mr. Morgan was also advised of what would happen if he was laid off. He was offered two jobs at a lesser rate of pay, one of which he really was not interested in. Mr. Sullivan advised Mr. Morgan that there was nothing else that could be done until the Commission makes a decision. Commissioner Walshak said when this was previously discussed, he asked if the gentleman who held that position would be protected under Civil Service and if he would gain a lateral move. He was led to believe at that time that he would probably get a lateral move. MINUTES - CITY COI~I$$ION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1992 Mr.,Sullivan said Mr. Morgan is protected under Civil Service and as such he would be offered a position that he qUalifies for. Currently, there are two positions that will open in October that Mr. Morgan qualifies for. If Mr. iMorgan does not take one of the lower paying positions, he will be laid off andlplaced on the reemployment list for two years. Should his position be recreated within those years, he would be brought back at his current rate of pay. Vice Mayor Matson asked if the Cross Connection Technician was a position the Cite was mandated to have. Mr. Sullivan advised that the City was required to have a program, but not that particular position. Mr. Sullivan continued that it appeared from discussion at that meeting that Boynton Beach was the only City to have an employee operating a Cross Connection Program. Apparently, the other citi!es use plumbing contractors. Commissioner Aguila asked if the two positions offered to Mr. Morgan involved more than a five percent reduction in pay. Mr. Sullivan answered in the affirm- ati~e, saying it would involve a fifteen to twenty percent pay cut. Mayoir Weiner pointed out that the City Commission agreed to eliminate the posi- tion), and that Mr. Morgan is protected by Civil Service Rules and was offered two )other positions. Mr. Morgan stated that many other cities have Cross Connection Technicians to over)see the program to make sure it is functioning as it should be. He stated that he created a computer software program at a savings of $500 to the City and did ~ lot of work on his own time. He also stated that a lot more duties are invo)lved with this position than just testing. Mr. Morgan said he is not getting a clear understanding of what is being offered to him. At Mayor Weiner's request, Mr. Sullivan explained to Mr. Morgan the two positions that are ~vailable. Mayor Weiner sympathized with Mr. Morgan, but said it was necessary to reduce the size of the employee force. She suggested he take this matter up with the Personnel Director and City Manager. In response to Vice Mayor Matson, Mr. Sullivan advised that supervision of the program will now be included in the duties of one of the deputy utility directors. In response to Commissioner Walshak, Mr. Sullivan advised that the billing will be done through clerical staff at Utilities and coordinated by the Administrative Assistant. Rlch~r~ Stone, an employee of the City, said that he read in the newspaper that $92,~)00 was left over from last year's budget. Mr. Miller explained the $92,1)00, a full explanation of which is included in his Memorandum No. 92-197. Mr. l;tone suggested the money be used to offset the cost of the increased insul'ance premiums for dependent coverage or for Christmas bonuses to show some reco(nition and appreciation to the employees. Eddie Mitchell of 329 N. E. 12th Avenue, stated that at the budget workshops, it was 'ecommended by Commissioner Walshak that the Cross Connection Technician posi :ion be eliminated, not by the City Manager, and that the other four com- missioners did not really go into a lot of detail about the position. 3 HINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEHBER 10, 1992 Mr. Mitchell said he talked to several people at City Hall and was assured that Mr. Morgan would be mOved laterally and that his pay would not be reduced. Mayor Weiner explained to Mr. Mitchell that she could never guaranty a lateral move to any employee whose job has been eliminated. She was very pleased that there are two openings that have been offered Mr. Morgan and that he is not faced with losing all his health insurance benefits. Mr.~Mitchell pointed out that during the workshop, apparently the City Manager thought there was enough money in the budget for that position because he was not the one who recommended that this position be eliminated. Commissioner Walshak stated that this matter was discussed at length at the workshop and many factors were involved. The two main concerns he had were (1) it forces the City into an unnecessary liability, and (2) it costs the City $45,000 or $47,000 to generate $25,000 in revenue. He said it is the City Commission's specific charge during budget session to review the budget and this was an area where he thoqght an additional cut was needed. He said he specifically asked at that time if the gentleman in this position was covered under Civil Service and was told he was. He also asked if that employee would get a lateral move and was told yes. Commissioner Walshak said he failed to ask if a lateral position was avai!lable; however, he did not think this position should be reinstated. Mr. Mitchell asked if this constitutes a demotion. Commissioner Walshak advised thisI is not. Commissioner Aguila stated that the City Commission found a func- tionl being performed in the City that is costing the City money and putting the City is a libelous position, and that the City Commission felt this function should be removed. Vice Mayor Matson said when she voted for this, she was under the impression this~ was going to be a lateral move. Gregl Selder, employee of the Fire Department, said it irritates him to see the Cityi not want to bend over backwards to take care of its people and the people who Work for this City. He was sure studies could be done to indicate if a position is needed and for how long, so that a position is not created to fill an empty slot and then eliminated six months later, disrupting family lives. Mr. Seider felt there should be something in the Civil Service Rules giving Mr. Morgan time to get his affairs in order before his position is eliminated. Mr. Miller advised that the Civil Service'Rules and Regulations provide for two weeks severance and that there are positions open now and positions that may openlshortly, which Mr. Morgan qualifies for. Mr. Seider asked if the City is looking to adopt a budget with contract negotia- tions still at a standstill. He felt the City could work better in negotia- tionS. Attorney Cherof advised that the discussion needs to be brought back to the budget issue and not collective bargaining. Mr. Seider thought the City should work a little closer and better with their employees. He felt that by eliminating positions, cutting back the budget, and taking away benefits, the City!will not attract the qualified applicants that it now does and will not NINUTE$ - CITY COI~ISSZON BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA $EPTENBER 10, 1992 enjoy the reputation it now has and that this will affect all aspects of the City. Mr. Seider supported using the $42,000 for family medical coverage. NO ONE ELSE WISHING TO SPEAK, MAYOR WEINER DECLARED THE PUBLIC HEARING CLOSED. Vice Mayor Matson moved to eliminate the fund frozen position (Planning Technician}. Commissioner Harmening seconded the motion. commissioner Aguila felt this was a mistake. He thought the Planning Department is Overtaxed and being very remiss in their responsibilities, particularly with regaird to complying with the Comprehensive Plan. He said this may seem like the wisel thing to do now; however, it will come back and bite the entire City becaiuse we are not able to keep up with the ordinances that the Planning DePa)rtment was asked to review and update. The Planning Department is not able to perform all the tasks the City requested; they are just taking care of the bigger fires and ignoring the day to day housekeeping that is legally required to b)e kept up with. ~ommlissioner Walshak asked for a brief synopsis of previous discussions on this lSSUle. City Manager Miller said he and Mr. Cutro discussed this position and it is niot one of immediate need; however, the development projects that come in off the )street take top priority and the Comprehensive Plan and annexation are being placed on the back burner. The Planning Technician position would assist in taking care of a lot of that work. His main concern was that of the Comprehensive Plan, which requires an awful lot to be done by certain time periods {1995 and 1996). Commissioner Aguila reminded the Commission that when the site plan review pro- cessI was reviewed, the City Commission encouraged an excelerated path because there were complaints that things were taking an inordinate amount of time. The Citymcommission approved a new system that has a time frame attached to it and is not giving the Planning Department the help it needs to get the work done withln that time frame. He felt the Commission was not being very consistent. Commissioner Harmening stated that for a long time the City had one Planner {Carmen Annunziato} and one secretary {Pat} and at that time, except for some Comprehensive Plan work, there was more work than there is at the present time. Everything worked fine and there was no backlog. Chri) Cutro, City Planner, said he picked up this department and a division, and is n)w being given another division. The Site and Zoning Development Division whic he was originally given contained eight employees; however, he only received three. Prior to this year, the Planning Department did not review buil,~ing permits. Work that was being done by other divisions has now been tran..~ferred to the Planning Department and it is being asked that this work be done with fewer people. In addition, the Planning Department has not done #INUTE$ - CITY C01414I$$]'ON BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA $EPTEgBER 10, 1992 anything this year in terms of implementing the Comprehensive Plan, except for the zoning change. There is going to be an EAR report some' time in 1995 or 1995. If the only thing this City has done is match up its zoning map with the land use plan map, Mr. Cutro felt the State is going to question why the City has not done anything else. There are things that were supposed to be done six months ago, twelve months ago, and even eighteen months ago that have not even been looked at. When you take on the responsibility of having to do annexation, zip code changes and research, that is a lot of time. Thirty-five percent of the work is nothing more than brush fire from the City Commission, the City Manager's Office, and people from the outside who want information. With the number of people he presently has, he cannot do the long range stuff that the City should be committed to. Right now he is operating with three planners, one of whom works entirely on annexations. Mayor Weiner inquired about the other five people that were originally in the site and Zoning Development Division that Mr. Cutro did not get. Mr. Cutro adviised that two or three of those positions had been left unfunded and two of the~employees were reassigned to intake clerk positions within the Building Department. He said the problem is that he did not get the benefit of any of the iprofessional positions that were available and that they were eventually eliminated. In addition, from the time he was hired, his Department has lost three professional positions. Mayor Weiner asked if there is anybody that can be moved from another department to the Planning Department. City Manager Mill!er said he would need to find out if other employees are qualified. Mayor Weiner asked if the maker of the motion would consider tabling this matter to give the City Manager a chance to see if someone can be transferred from another department. Vice Mayor Matson wished her motion to stand. A roll call vote was polled by City Clerk Sue Kruse. The motion failed 3-2. Commissioner Agui!la, Commissioner Walshak, and Mayor Weiner cast the dissenting votes. At ~he request of Mayor Weiner, City Manager Miller will find out if there are any !employees who are qualified to be transferred from another department. Mo~ton Vice Mayor Matson moved to reconsider eliminating the Cross Connection Techlnician position since the way it was explained at the budget hearing was thatl there would be a lateral move and she was vehemently opposed to the twenty percient reduction in pay. The motion failed for lack of a second. Co~issioner Harmening felt money should be budgeted for storm shutters for the librlary and City Hall to avoid spending so much time relocating valuable equip- menti. He estimated this to cost $45,000. Commissioner Harmening would also like the Wellness Program, which was elimi- nated from the budget, put back in the budget. This was a benefit to the employees and cost only $3,228 for the entire year. Mr. Sullivan advised it has gone up to $32 dollars a session and that forty or fifty employees utilize this progiram. 6 MINUTES - CITY C01~I$$ION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTENBER 10, 1992 City Manager Miller requested that $28,000 be appropriated for corrections that need to be done to various City buildings relative to the Americans for Disabilities Act (ADA). Consensus It was the consensus of the City Commission to allocate funds for the Americans for:Disabilities Act and the storm shutters for the library and City Hall out of the~Capital Improvement Fund. Notion Commissioner Hamening moved to put the Wellness Contract back in the budget, in the)amount of $3,328. Mayor Weiner passed the gavel and seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. With regard to the security guard program, Commissioner Aguila asked if the $53i959 includes money for vehicles. City Manager Miller advised that since thi~ is a nighttime operation, the City vehicles that are utilized during the day)will be utilized for this program. Since this figure includes money for radios, Chief Hillery pointed out that cellular phones may be cheaper than radios. Motion commissioner Harmening moved to fund two security guards at a cost of $53,959. Comnlissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. City Manager Miller advised that the balance is now $34,754. Notion Commissioner Harmening moved to drop the millage to make up the $34,754. Commissioner Aguila seconded the motion. Chief Hillery asked the City Commission to consider purchasing an emergency antenna in the future, to be placed on top of City Hall as a backup for the com- munilcations tower. The antenna will be the type that can be raised during a storm and lowered again after a storm. Mayor Weiner asked Chief Hillery to return at the next meeting with cost information for backup equipment for the comnlunication tower. Chief Hillery suggested that the Communications Director attend the next meeting, since he is more qualified to speak on this matter. City Manager Miller advised that $28,000 has been budgeted in the Capital Improvement Fund for a backup radio system, two channel transmitters with asso- ciated hardware. John Guidry is also looking at the possibility, through con- sulking engineers, of placing this radio tower on top of the new water structure. Chief Hillery said the water tower antenna and the present tower 7 #INUTE$ - CITY COHI4I$$IOH BUDGET PUBLIC HEARING BOYNTOH BEACH, FLORIDA $EPTEHBER 10, 1992 could get stripped off. In addition, he believes it interfaces with the Police equipment. Commissioner Harmening suggested reviewing this matter further. The motion was held in abeyance. City Manager Miller advised that at the Cemetery Board meeting on August 11, 1992, a motion unanimously carried to recommend to the City Commission that a resolution be prepared to increase the opening and closing costs by $25. This would result in a possible $5,000 addition to the General Fund to cover operating costs for the cemetery. Taking this into consideration, it was expressed by unanimous consensus of the Cemetery Board that it be recommended that the proposed estimated revenue for the 1992/93 budget be increased by only $5,000, rather than $10,000 as recommended by the City Manager. The Cemetery Board felt that the $5,000 difference would be made up by increasing the opening and~closings costs. City Manager Miller had no problem with this proposal. Motion Commissioner Harmening moved to instruct the City Manager to lower the millage to $34,754. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Wit~ regard to eliminating the position in the Utility Department, Commissioner WalShak asked if there is anything the City Commission can do to protect Mr.!Morgan with a lateral move. City Manager Miller advised that the Commission would have to amend the Civil Service Rules relative to the layoff process and procedure. Attorney Cherof confirmed this, saying that there is nothing the City Commission can do on a case by case basis to either interpret or apply the Civil Service Rules to a particular employee. The City Commission would have to rewrite the particular section that would address the problem for all employees. III, LEGAL A, Proposed Resolution No, R92-157 Re: Adopt Tentative Htllage Rate for FY 1992193 AttOrney Cherof read Proposed ResolutiOn No. R92-157 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A PROPOSED TENTATIVE MILLAGE RATE OF 7.9518 FOR THE CITY'S GENERAL OPERATING FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE. AttOrney Cherof read two portions of that resolution: Section 1. The proposed general operating budgets tentative Millage Rate for the 1992-93 Fiscal Year shall be 7.9518 (for the General Fund), plus #INUTES - CITY CONHISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTE#BER 10, 1992 .5169 for Voted Debt Service for a total Proposed Tentative Millage Levy of 8.4687 for the 1992-1993 Fiscal Year. Section 3. The proposed millage rate is 1.83% above the computed rolled back rate. In response to Mayor Weiner, City Manager Miller said this would reduce the mill;age .0186, which represents $34,754. #otton Commissioner Aguila moved the adoption of Proposed Resolution No. R92-157. Commissioner Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Proposed Resolution No. R92-15B Re: Adopt Tentative Budget for FY 1992/93 Attorney Cherof read Proposed Resolution No. R92-158 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; AND 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 CAPITAL IMPROVEMENT FUND; PUBLICITY FUND; UTILITIES FUND; VEHICLE SERVICE FUND; SANITATION FUND; LOCAL OPTION GAS TAX FUND; WAREHOUSE FUND; COMMUNITY REDEVELOPMENT FUND; SELF-INSURANCE FUND; AND GOLF COURSE FUND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. #otlOn Commissioner Harmening moved the adoption of Proposed Resolution No. R92-158. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. For the record, Attorney Cherof read the second sentence of Section 1: There is hereby appropriated the sum of $29,196,553 to the General Fund for the payment of operating expenses and necessary capital outlays for the City Government pursuant to the terms of the above budget. Attorney Cherof announced that the public hearing will occur on September 22, 19921 at 6:30 P. M. At that time, the City shall amend the adopted tentative budg!et as it sees fit, adopt the final budget, and adopt a resolution stating the millage rate to be levied. 9 #INUTE$ - CITY COHI4IS$ION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTE#BER 10, 1992 IV, AD~OURN#ENT There being no further business to come before this Commission, the meeting properly adjourned at 8:03 P. M, ATTEST: Recording Secretary (Two Tapes) THE CITY OF BOYNTON BEACH Mayor / Vi ce Mayor '" ,/ / // Commissioner / ~issioner 10