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Minutes 07-29-92 MINUTES OF SPECIAL CITY COMMISSION MEETING~HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, OULY 29, 1992 AT 6:00 P,H, PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager Sam Goren, Assistant City Attorney (arrived 7:30 p.m.) Sue Kruse, City Clerk ,CALL TO ORDER Mayor Weiner called the meeting to order at 6:03 p.m. REVIEW OF PROPOSED 1992193 BUDGET City Manager Miller stated this is a special City Commission Meeting which will conclude the review of the proposed FY 92-93. Risk Management will be reviewed first, followed by the Golf Course and concluding with a list of approximately ten {10) items the Commission decided to review again tonight. When this review is completed, there will be consideration of the adoption of a Resolution which would adopt the proposed millage rate and set the date, time and place of the public hearings in September. PAGE 461 - RISK~NAGEMENT - INSURANCE FUND This is a revenue account. The primary bulk of this revenue comes in from transfers to the Self-Insurance Fund with the largest being from the General Fund. The transfer from the General Fund amounts to $1,721,70I; Water and Sewer amounts to $660,268; Golf Course amounts to $59,252; Sanitation amounts to $225,913; Vehicle amounts to $224,744 and the Warehouse amounts to $2,439. The total of the transfers amounts to $2,908,986. This has increased $857,000 from last year. A large portion of this increase involves the Self-Insurance and Compensation. Funds must be set aside in these areas. Risk Management/Insurance is currently staffed with two (2) full-time employees and one (1) part-time employee, That staffing will remain the same in FY 92-93; however, that number could change based on conditions relative to cases and managing of insurance claims and Workers Compensation. Commissioner Harmening questioned the position of Administrative Assistant I. Mr. Miller stated there was a Department of Risk Management which was changed to the Department of Administration and included a Risk Manager and an Administrative Assistant. That Administrative Assistant I is now doing all insurance and risk management type of work. Personnel Services have increased due to bringing in the Administrative Assistant, closing out the Department of Risk Management and the Department of Administration. These functions are now under the Internal Service Fund which is the Self-Insurance Fund. This is not an enterprise fund or a general fund. There are increases under Materials and Supplies due to an increase in Line Item #382.00, Training Aids and the addition of Line Item #386.00, Awards and Trophies. $2,500 has been put in this budget for Awards and Trophies in an attempt to get involved in a reward program in the area of Workers Compensation. It is hoped that an incentive program will help decrease the cost of Workers -1- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1992 Compensation. The Safety Committee has been working with the Risk Manager to develop a program. City Manager Miller noted a correction to Line Item #427.00, Vehicle Service Cost. That $2,208 should be removed and added to Line Item #449.00, Insurance Reserve. Line Item #449.00 should now read $37,208. That vehicle has been eli- minated and replaced with an auto allowance in the amount of $1,200 as shown in Line Item #470.04, Travel Allowance. One vehicle will be deleted from the entire fleet. Con~nissioner Harmening questioned Line Item #446.00, EMT Malpractice. Ms. McLean-Cox reported that this figure covers the EMT and the doctor. It was pointed out that it only covers the services of the doctor as Medical Director. Line Item #468.00 increased substantially from $85,000 to $230,000. This is for Professional Services which covers general liability, Claims Administrator, Workers Compensation Administrator and legal fees. This is for investigative and~legal work. Since the City is self-insured, for claims which fall under self-insured retention, we pay the legal fee; however, the attorneys approved by the ~League are used at a rate of $85 per hour. Vice Mayor Matson questioned why Line Item #470.05, Business Meetings has increased to $2,250. Ms..Parker stated that item should be cut $1,200 since that figure included an out-of-state conference which was overlooked. Line Item #470.05 should now read $1,050. Ms. McLean-Cox explained that Line Item #470.10, Training, includes the Workers Compensation Conference which is con- ducted every year. The Risk Management Specialist attends to receive updates on Compensation law which is given by the State. Also, the Law Enforcement Liability Conference, which is attended by the Risk Manager, provides new rulilngs on police-type issues. That conference was conducted in Orlando this past year, but is usually held in California. It was pointed out that there will be no out-of-state travel. If the figure is too high, the money will stay in the reserve fund. Commissioner Harmening feels that circumstances may arise where it would be beneficial and almost mandatory to send someone to an out-of- sta~e conference. Such a decision can be made at the appropriate time. The difference of $1,200 was added to Line item #963.62, Reserve-Self Insurance, which will bring that figure to $646,612. City Manager Miller explained that themoney in Line Items #963.61, Reserve-Workers Compensation and #963.62, Reserve-Self Insurance, must be set aside. The total overall budget for Self Insurance is $2,969,669. PAGE 374 - GOLF COURSE Mayor Weiner asked Mr. Sciortino to report on progress at the Golf Course. Mr. Sciortino stated the contractor is basically done. As of tomorrow, he has a few clean-up items to take care of. All the grass was planted on time. The contractor was entitled to approximately seven days because of the heavy rains recently experienced, but he met the July 17th date. Mr. Sciortino is extremely pleased with the work and feels this will be an asset to the image of the Golf -2- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1992 Course. Commissioner Harmening asked if severe rain would do damage. Mr. Sciortino stated that it is possible that damage could be done if the rain was severe, but the maximum planting rate was authorized for the greens. Six (6) PIC employees will begin filling the areas which were sodded around the lake. There had been some wash outs in that area. City Manager Miller asked that Page 377 be reviewed to better understand the revenues. Annual Permit Holder Dues for the City and County have increased slightly. The area titled Merchandise has decreased from $120,000 to $75,000. Mr. Sciortino explained that because of the recession, a decision was made to be conservative in buying. Only close-out items are being purchased. The net dif- ference at this point is approximately $10,000. Although sales are fewer, the net profit has been maintained. Retained Earnings has increased from $25,467 to $1211,257. Any Golf Course Revenues that exceed annual expenses are added to this fund. In response to Mayor Weiner's question, Mr, Miller stated that the cart fees were increased $1.00 and green fees were increased $1.50 for the period January, February and March. These increases will be extended for an additional three months to include November, December and April, so that the higher fees will be in effect November, December, January, February, March and April. The total for those two items for the six months amounts to $34,572. Mr. ~Sciortino expressed some concern because the budget projections needed to be done before he had any experience this summer. To be prudent, he recommended this raise now. He further pointed out that there were large increases in insurances which amounts to approximately $50,000. The cost for bag storage will remain the same. PAGE 3B1 - GOLF COURSE ADMINISTRATION The~Golf Course is divided into three divisions, Golf Course Administration, Golf Course Maintenance and Golf Carts. There are presently ten (10) full-time employees and four (4) seasonal empl!oyees. That staffing will be retained; however, there is presently one vacancy in the area of a Head Professional. It is intended to add a First Assistant Golf Professional. Most of the accounts under Golf Course Administration have remained the same. Personnel Services have increased approximately $500. Materials and Supplies decreased. Operating Expenses decreased and is offset by a slight increase in capital outlay which appears on Page 385. There are plans to refurbish the siding of the Clubhouse. Mr. Sciortino stated that approximately $1,000 has been spent each year on this Clubhouse, but contractors have shown a process which will keep it looking better for a longer period of time. The:total overall Administration budget decreased from $556,813 to $546,869. Mr. Sciortino pointed out that on Page 384, in Line Item 971.00, it states that for 91-92, $8,671 has been expended and $6,700 is the estimated expenditure. ThoSe figures should be reversed. -3- MINUTES - SPECIAL CITY COI~HZSsION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1992 PAGE 389 - GOLF COURSE MAINTENANCE There are currently twelve (12) full-time employees and four (4) seasonal employees. That staffing will be maintained in the same positions. Materials and Supplies, specifically Line Items #318.00, General Operating Supplies, #361.00 Chemicals and Lab Supplies and #366.00, Fertilizer Supplies, have increased due to the new greens. Commissioner Harmening suggested investi- gating recapturing the leached fertilizer liquid in light of the cost of fer- tilization. Operating Expenses increased approximately $4,000. Expenses under capital outlay show a decrease from last year. Mr. Sciortino pointed out Line Item #499.00, Other Contractual Services. He explained that $7,800 had been budgeted for resurfacing golf paths and that amount was transferred into the 628.00 fund but not removed from the 499.00 fund. Line Item #499.00 was reduced by $7,800 which left a total of $5,659. That will result in a reduced amount of Retained Earnings. Capital outlays are outlined on Page 393. They include Golf Course Improvements, Landscaping, Replacement Reserves, and Golf Course Improvements. PAGE 39,7 - GOLF COURSE CARTS There are currently four (4) full-time employees who will be retained in next year's budget. Personnel Services, Materials and Supplies and Operating ExPenses remain almost the same as last year. However, there is a change under caPital outlay in the area of vehicle reserve because the replacement of the golf carts will be doubled. We Will stay with the same Debt Service for a number of years; however, there is an increase in our total Debt Service from $508,747 to $552,210. BUDGET WORKSHOP DISCUSSION ITEMS Vice Mayor Matson asked to move Item #11, Discussion regarding demolition of old Sewer Plant, up so that people present in the audience who had another meeting to attend, could hear the discussion. There were no objections. DisCussion Regarding Demolition of Old Sewer Plant vice Mayor Matson stated she met with Afro-American community members, had discussions at the North Boynton Beach Task Force and made a commitment to bring this item forward at budget time after studying a number of items. After reviewing input from John Guidry and Grady Swarm and proposals brought forth by Con~issioners Aguila and Walshak, and learning that a $5 million surplus exists, she~would like to make three motions. Motion vice Mayor Matson moved that Wilfred Hawkins try to secure, from one of the State universities, or one of the local learning centers, free toxicologic anallyses at the Sewer Plant because first and foremost we need to know what we'he dealing with. Mayor Weiner passed the gavel and seconded the motion. -4- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1992 Commissioner Aguila wondered what will happen if the local learning centers will not perform the survey free of charge. Vice Mayor Matson will cover this under her third motion. The motion carried 5-0. Motion Vice Mayor Matson moved to have an in-house survey be done by our excellent Utilities Department and extremely capable Engineer in that Department, of the property to see what needs to be salvaged and what needs to be razed without going through the expense of a consultant. Mayor Weiner passed the gavel and seconded the motion. The motion carried 5-0. Motion Vice Mayor Matson moved to allocate out of our surplus, $200,000 to be put aside forlwhat needs to be done at the Plant with the stipulation that if we can't have the toxicologic study done free of charge, that we allocate an additional... During the motion, City Manager Miller stated there are excess dollars under a grant program totalling $12,000 to $13,000 in the Utility Fund which could be used. vice Mayor Matson amended her motion to use that money. Commissioner Aguila secOnded the motion. He stated he wants to see the toxicologic tests done even if the cost exceeds $12,000 or $13,000. Vice Mayor Matson accepted his amend- ment to her motion. Vice Mayor Matson agreed. Mayor Weiner has a problem putting a specific dollar amount aside when there is no way to know what the cost will be. She suggested getting the results of the first two motions which would provide a more realistic number. Vice Mayor Matson wants to earmark $200,000 for the project and if it turns out to be higher in cost, the Commission can revisit the issue. Commissioner Harmening opposes the motion because the $5 million does not repre- sent excess funds. There are needs described in the Utility Master Plan which incliude the reuse water for which an exact number cannot be applied at this time, and another issue which is between $8 million and $11 million. Although $20Q,000 is not a great deal of money, it is still significant and should be retained in the Utility Fund for utility purposes. Further, Commissioner Harmening asked Mr. Swann if the two wells and associated piping proposed for Girl! Scout Park are included in the $5 million. Ms. Parker responded that the cost was included. He further stated that $5 million appears to be a great deal of money, but it is not when you consider the costs associated with the upgnading, repair and maintenance involved in the utility. commissioner Walshak stated this demolition is a utility project and it has been sitting for fourteen years. That amount of time makes the project a priority. Its )demolition is part of the Comprehensive Plan and Florida State Statute 163 states that the Comprehensive Plan must be implemented. Further, the demolition is a goal and objective of the Utility Department. He feels money will continue -5- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1992 to be generated and we will probably have the same surplus next year. He feels this demoliton is owed to the community and is happy to support Vice Mayor Matson's motions. The motion carried 4-1. (Commissioner Harmening cast the dissenting vote.} Vice Mayor Matson thanked Commissioner Aguila for his input and thanked Commissioner Walshak for bringing this issue to the forefront. Con~nissioner Aguila feels a responsibility is owed to the neighbors. This is an industrial use next to a residential area and all entities would be required to putlup a 6' masonry wall. He suggested that previously-discussed landscaping issues be considered if the City is not willing to erect a 6' masonry wall. Mot!on Commissioner Aguila moved that $40,000 be allocated to landscape and irrigate thelentire perimeter to separate visually the Water Treatment Plant site from theiresidential areas around it. Mayor Weiner passed the gavel and seconded the motion. Commissioner Harmening moved to amend that motion that in the event we go for- ward with the demolition of most of it, that the money not be spent for the landscaping. Commissioner Aguila would not accept that amendment because it is an industrial use. Commissioner Harmening stated it is a public use and there is a significant difference between the two uses. Commissioner Aguila feels it is a non-residential use which must be separated from the residents. He was unwilling to amend the motion. The motion carried 4-1. (Commissioner Harmening cast the dissenting vote.) A SHORT RECESS WAS CALLED BY MAYOR WEINER. Upon returning from the recess, Commissioner Walshak stated that several people approached him during the recess to report on an emergency situation at Ezell Hester Park. These people requested an opportunity to speak because they feel this situation may affect the budget process. ~ Williams, Chairperson of the Martin Luther King Committee of Boynton Beach whoire$1de$ at1331'SW 27th Avenue, stated she received a phone call from a ~-~-~a'61~ and a~-6t~'er person in the community to advise of a situation at Hester Center. It was reported to her that some of the kids had knives and were out of control. In visiting the Center, she saw children sitting outside of the Center. She was advised many of the children were from Palm Beach, Riviera BeaCh and Delray. She was further advised that the Hester Park personnel were contacting Wilson Center for help. She feels the Center was opened too quickly and)more personnel are needed. Those personnel should know the children and the area. She suggested personnel be added from Wilson Center. Mr.:Miller stated that he had heard nothing about this situation until Mr. MitChell mentioned it during the recess. He has been by the Center four times in two days and noted no problems. Mr. Miller will discuss this situation with Mr. iFrederick tomorrow. Vice Mayor Matson stated she received two calls; one involving a knife incident and the other regarding kids hanging around the area after 1:00 a.m. Mr. Miller stated he has not received any calls to date. -6- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ULY 29, Z992 In response to Commissioner Aguila's question, Mr. Miller said the CPOs work out of the office at the Center, but their job is on the street. The RAP Officer is full-time at the Center. Commissioner Aguila feels the children are attempting to find out what the limits are and suggested adding more people to set those limits. Mr. Miller agreed with Commissioner Aguila and will speak with Mr. Frederick to alert him of this situation. In response to Commissioner Walshak's question, Mr. Miller stated that there are three full-time and three part-time employees manning the Center plus the RAP Officer. Several of the part-time employees have worked at other City facili- ties in the area. Arthur Lee stated that one of the part-time employees worked at Wilson Center and is being transferred because of his familiarity with the neighborhood. Mr. Lee spoke with both Hester Park supervisors this morning and they related that because of the opening, they are getting people from everywhere. They had about approximately 500 people at the Center and that number grew to 1,000 by late in the evening. Mr. Miller feels it might be necessary to increase the number of activity personnel to handle the large number of people. Commissioner Walshak feels police presence may also need to be increased. Mr. Miller will discuss this situation with Chief Hillery. It was pointed out that this is a regional park and it cannot be closed to anyone. Mr.~Miller would rather increase recreation personnel than police personnel, but it is possible to get the police to be more visible in the area. Vice Mayor Matson reported that Ms. Currier is working on getting volunteers for the Center. Ms. Williams suggested the Wilson Center personnel assist to get the Center on ' the right track before it gets out of control. Reverend Douglas I)avl$~ 301 NE 13th Avenue~ said he observed the area and does not like what he has seen. He said part of the fence was removed behind Rainbow City. He requested a 12' fence completely around Rainbow City, connected to the small ballpark. The strip of fence which was removed left a pathway from west of 17th Avenue straight through the Center. He suggested Tommy Williams be assigned to handle the Center. He stated the children know him and he knows them. His presence alone brings the children under control. He feels putting Mr. Williams at the Center will end the problems that now exist. Commissioner Harmening wondered if the outsiders would respond to Mr. Williams in the same way the neighborhood children respond. Reverend Davis feels they would. Mr. Miller stated Reverend Davis spoke to him about the fence. There is a list of items the park needs. It was decided to let the Center operate for three weekis and then approach the Commission with the list of items needed. At this time, it is known that a fence is needed along with some barriers. Commissioner Harmening stated that a small backflow preventer is needed also. These items will~ probably be addressed at the second Commission meeting in August. Reverend Davis thought it might be important to discuss this situation at the budget meetings so that a lump sum of money can be put aside for the necessary items. Mayor Weiner stated the City has the money for the items in the Capital Impr~ovement Fund. Mayor Weiner stated that it is not necessary to respond in a paniic. The City will respond in a reasonable manner when the activity at the Center has calmed down. The newness of the Center has brought in many people. -7- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, I992 Melody Green arrived and reported that she had just spent three hours at the Center. It is her opinion that major support is needed from the CPOs. There was no problem with control in the gymnasium; however, the breezeway is becoming a hangout. An earlier suggestion to reduce the hours of operation of Wilson Center was met with community opposition but is again being contemplated in order to shift staff to Hester Park to provide assistance. Assistant City Attorney Goren arrived at 7:30 p.m. Ms. Green advised that while she was at the Center, she saw four (4) Police Officers. It is necessary to have staffing in the breezeway. With regard to disturbances at the Center, Ms. Green reported a small fight which was broken up by staff and an incident involving the lighting of a firecracker. She stated these incidents are not unusual at a recreational facility; however, she pointed out that it is necessary, to get control and maintain it by letting people know the rules. The review of the budget was continued. City Manager Miller stated that if the revenue from the proposed Beach Decal increase is deleted, add in the additional staffing in Planning, add one person for Roads and Streets and the street sweeper (which will be paid for from the Capital Improvement Fund), increase the Library Budget, and add $6,500 for the Board dinner, that would result in an increase of $92,000. Mayor Weiner pointed out that the $45,000 which would be generated by the increase in the cost of Beach Decals is almost half of the amount needed to cover the inclusion of everything else on the list. MayOr Weiner favors the increase of the Beach Decal fee to $15. Commissioner Aguila does not see any reason for the increase, but he would support a $2.00 increase. Commissioner Walshak suggested that the discussion regarding Tradewinds Insurance reserve versus the millage rate be held before any decision is made on any of the other items on the list. Commissioner Harmening asked Commissioner Walshak what he feels would be an ade- quate amount for a contingency fund. Commissioner Walshak did not have an answer but responded that the $706,000 was earmarked and paid for by taxpayers fora specific purpose. The usage should be used to pay down the Tradewinds obligation, not to use as a contingency fund. The money was given to the City because the taxpayers paid an insurance policy to cover the obligation. This money is being squirreled away. Vice Mayor Matson stated this money was ear- marked by the 1990 Commission as a contingency fund. Commissioner Walshak disagreed and said it has been in the General Fund since it was received in 1990. It was generating 14% interest at that time; however, today it is only receiving 3% interest. The money which was generated by the 14% interest was used to pay the Tradewinds obligation. Vice Mayor Matson feels it is necessary to determine what will be done with the money, where it will be put, how much should be spent and how much will be kept. Commissioner Walshak suggests using the 15706,000 to pay the Debt Service on the Tradewinds obligation. If that is done, it will be necessary to remove only $200,000 from the General Fund to meet the iobligation. Commissioner Harmening stated that this would just be moving the !money around from one account to another. Commissioner Harmening asked for a re)sponse to his original question regarding an adequate amount for a con- ting)ency fund. Mr. Swarm responded 5% which would be over $1 million. -8- MINUTES - SPECIAL CITY COMMISSION HEETIHG BOYNTON BEACH, FLORIDA JULY 29, 1992 Commissioner Harmening moved to direct the Finance Director to take this money and pay it towards the Sun Bank loan and then take the money presently allocated for that purpose and put it in a contingency fund. Mayor Weiner seconded the motion. There was lengthy discussion regarding this motion. After clarification by Con~issioner Aguila, Commissioner Walshak noted that if Commissioner Harmening's suggestion was followed, a contingency fund would then be created which had not existed before. Mayor Weiner adamantly opposes spending any of the $706,000 for any other item in the budget other than a contingency fund. Commissioner Walshak stated that this $706,000 could have been used last year to make life easier. Mayor Weiner pointed out that it was her predecessor's idea to use the money to keep the tax rate tow. If that had been done, the City's problems would have been even more severe. Mr. Miller reported that at the end of the 89-90 fiscal year, the City was!S323,000 in the red. That figure included the $706,00 applied. What that meant is that the City was over $! million in the red for 89-90. For 90-91, the citY wound up $497,000 in the black. That figure also includes the $706,000 applied. Commissioner Walshak was surprised to learn that that money had been used to alleviate problems in the General Fund. He further suggested that this moneY be used again. Mayor Weiner feels the economy is precarious and the reve- nues projected are only a guess. Further, she reminded the Commission of the possibility of Bethesda going out of the BLS transport business and the possibi- lity of the City having to spend more than $400,000 to provide that service for the citizens. Commissioner Walshak feels BLS transports will bring in revenue. Further, he feels at least five ambulance services would jump at a chance to grab a BLS transport contract. In response to a question from Commissioner Aguila, City Manager Miller feels an adequate reserve would be 5% of the General Fund. He is not certain how much should be kept on reserve, but if the $706,000 is utilized, then there will be no reserve to pull from in the future. Mayor Weiner feels it would be a scam to uselthis money so as not to cut expenses anywhere or raise taxes one-fifth of a mill. Commissioner Walshak again stated that what is being attempted is the freeing up of $706,000 in the General Fund. Con~issioner Harmening withdrew his motion and Mayor Weiner withdrew her second. Mayor Weiner passed the gavel and moved that the $706,000 remain in tact in our budget as it has been presented by the City Manager. Commissioner Harmening seconded the motion. The mOtion carried 4-i. (Commissioner Walshak cast the dissenting vote.) Commissioner Aguila asked Commissioner Harmening what would be an appropriate use !for that money. Commissioner Harmening feels anything might be appropriate but ~it is not prudent to squander the money early in the fiscal year. Commis- sioner Walshak did not feel the items totaling $92,000 would be squandering. -9- N~NUTE$ - SPECIAL C~[TY COI~II$S~ON NEETING BOYNTON BEACH, FLOR:IDA ~ULY 29, 1992 GENERAL FUND Revenue: 1. Delete Proposal to Increase Beach Decals from $10 to $15 City Manager Miller reported that a compromise of $12 would bring in $18,000 in revenue. Commissioner Walshak moved that the Beach Decals remain at $10. Vice Mayor Matron seconded the motion which carried 4-1. (Mayor Weiner cast the dissenting vote.) EXPenses: ~2. Clty Attorney Budget - Discussion of Salary Range for Paralegal Position - See Exhibit A - Salary Survey Bill Sullivan discussed a survey performed by the Personnel Department. He pointed out that Boynton Beach's starting salary is comparable to the County, Riviera Beach and West Palm Beach. Delray Beach has a higher starting salary. The~ Mr. lmaximum salary range is also comparable with other cities in the County. Sullivan suggested reviewing this again if the need for a change is deter- mined since the pay plan is very complex and it has a lot of impact on other positions. ,Notion MayQr Weiner passed the gavel and moved that the salary stay the same. Comnlissioner Harmening seconded the motion which carried 3-2. {Commissioner WalShak and Vice Mayor Matson cast the dissenting votes.) ~3. Planning Budget - Discussion regarding frozen Assistant Planner Position. If additional staff is approved, staff recommends one (1) Planning Technician instead of an Assistant Planner Mr. iCutro reported that the Planning Department lost two Assistant Planners and pers)onnel when the Site Development personnel were switched over from the Buil)ding Department. The Site Development Division had a staff of five; only thre)e of them were transferred to the Planning Department. The )two areas suffering the most because of lack of personnel are the Compirehensive Plan Implementation and the ability to rewrite Ordinances to reorganize the Code. These two areas will become critically important over the next) few years because within three years, the City must report to the State what) has been done to implement that Plan. Further, Mr. Cutro feels that the City?s ability to attract businesses and development is affected by the con- fusion in our Ordinances. Many of the Ordinances are very difficult to understand. He specifically referred to Appendix A. - 10- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1992 After discussions with professional staff in the Department, Mr. Cutro learned that a great deal of time is spent doing research. His suggestion is to create a position of Planning Technician. There is currently a Graphics Technician who can also be converted to this position. Those two people can then be charged with doing research, short reports, and census information. This will free up the professional staff to handle work such as Plan implementation. The overall cost would be approximately $30,000 plus fringe benefits. That would be a $20,000 increase over the Planning Department's existing budget. Mr. Cutro feels that 30% of one Senior Planner's time and 25% of the Site Administrator's time will be freed up when the Planning Technician is hired. Vice Mayor Matson wondered if this research could be done by a Clerk rather than a Planning Technician. It was agreed that a Clerk would not be able to handle much of the work. It is necessary to have a person who has planning and zoning skills. In response to Commissioner Aguila's question, Mr. Cutro stated that the Planning Graphics Technician is responsible for doing maps and research into legal descriptions. That position will be redescribed retaining the person who currently fills that position. There will be no changes in salary. The starting salary for the Planning Technician will be approximately $23,000 plus $6,000 in fringe benefits, requiring a college degree or at'least a high school diploma with two or three years of experience. Hotlon Commissioner Walshak moved that we unfreeze the Assistant Planner position, change the designation to Planning Technician as indicated in Item #3. Commissioner Aguila needed clarification on this motion. Commissioner Walshak suggested unfreezing the position so that the money could be used for the Planning Technician. It was explained that there was no money budgeted for the Assistant Planner position for FY 92-93. #orlon Commissioner Walshak moved that we approve one (1) position, Planning Technician, for the Planning Department as indicated under Item #3. Commissioner Aguila seconded the motion which carried 3-2. (Mayor Weiner and Commissioner Harmening cast the dissenting votes.) The total amount of money for this item will be $30,831 including fringe bene- fits. 4. Roads and Streets Budget - Discussion regarding addtng a new street sweeper plus drlver City Manager Miller feels this is a very important service needed in the City. The cost for this item will be $22,487 for the employee, but the contracted ser- vices would be reduced entirely so that the cost would be $19,000. In response to Commissioner Aguila's question regarding the employee costs, City Manager Miller stated that an Equipment Operator II will be assigned to street sweeping and a Labor/Maintenance Man will be hired. The personnel will be shifted. The cost for the street sweeper is $110,000 which can be appropriated from the Capital Improvement Fund. This equipment would require a mobile radio at a cost of $1,400. As with the street sweeper, the cost for the mobile radio can be - 11 - #INUTES - SPECIAL CITY COI4HISSI~ HEETING BOYNTON BEACH, FLORIDA JULY 29, 1992 appropriated from the Capital Improvement Fund. The Capital Improvement Fund contains just over $t million in uncommitted funds. The street sweeper has a life expectancy of at least seven years. #orlon Vice Mayor Matson moved that we approve Item #4, Roads and Streets Budget, adding a driver for the street sweeper. Commissioner Aguila seconded the motion which carried 5-0. #ot~on Vice Mayor Matson moved to remove from the Capital Improvement Funds $110,000 to purchase the street sweeper and $1,400 to purchase the mobile radio for the street sweeper. Commissioner Aguila seconded the motion which carried 5-0. 5. Ltbrar~ BudGet City Manager Miller explained that there were two options considered at last night's meeting. The first option was to increase the book budget to $100,000 and the second was to increase the book budget to $105,000. Hotlon Mayor Weiner passed the gavel and moved that we increase it to $105,000. Commissioner Aguila seconded the motion which carried 5-0. 6. Parks and Recreation Budget - Decrease In personnel costs due to reor- ganization City Manager Miller stated there is nothing to consider on this item. 7. Additional $$,500 for Board Dinner to be held at Catallna Center (Nove to Co~1sslon Budget) ~otlon Commissioner Harmening moved to add $$,500 for the Board Dinner to be held at Catalina Center (move to Commission Budget). Commissioner Aguila seconded the motion which carried 5-0. WATER AND SEWER FUND 8. Impact Fee Reallocation Ms. iParker stated that this first item requires a motion. No dollars are involved regarding the Impact Fee Reallocation between water and sewer. The total cost will remain the same, but there will be a reappropriation between water and sewer. Commissioner Harmening moved to approve the reallocation of the Impact Fee within the Water and Sewer Fund as recommended by Assistant City Manager Carrie ParKer. Commissioner Aguila seconded the motion which carried 5-0. - 12 - #INUTES - SPECIAL CITY COHHIS$ION #EETIHG BOYNTON BEACH, FLORIDA dULY 29, 1992 9. Addltlon of two (2) Process Technicians Assistant City Manager Parker stated that a recommendation was made to add two Process Technicians so that there would be twenty-four hour two-person coverage at both plants. The cost shown ($47,285) is only a partial-year. In response to Commissioner Walshak's question, the addition of one (1) Process Technician would allow coverage twenty-four hours per day. The addition of two would pro- vide an extra cushion. Hotlon Commissioner Aguila moved to add one (1) Process Technician. Vice Mayor Matson seconded the motion which carried 4-0. (Commissioner Harmening was away from the dais.) 10. Oeletton of Backflo~ Prevention Program (Employee) Commissioner Walshak stated that there was no discussion to delete this program. The program remains in existence, but once a year everyone with backflow preven- tive devices on line is notified that they are due for reinspection. We charge for the notification and the reinspection. Commissioner Walshak stated that the majority of cities are charging from $35 to $45. There is one (1) Certified Backflow Inspector who physically inspects on an annual basis. Mr. Guidry suggested using private plumbers after notification. That would allow us to delete one employee from this program providing a savings of $38,959. Ms. Parker.explained that the motion should be to delete the Backflow Prevention position. Commissioner Walshak questioned whether or not the motion should include direction to correct the language in the Ordinance. City Manager Miller stated this would be done in August in order to be effective for October. Ms. Parker advised that a list is drawn up and presented to the City Attorney who will then bring each item back to the City Commission. #orlon Vice Mayor Matson moved to remove the Backflow Prevention Inspector. Commis- sioner Aguila seconded the motion which carried 5-0, 11. DIscussion regarding demolition of old Sewer Plant This discussion took place earlier in the meeting. See discussion beginning on Page 4. ~2. Placemen~ of the Occupational License OepartJ~ent vice Mayor Matson stated she asked that Occupational Licenses be restructured and iput under Finance or the City Clerk's Office. She pointed out that the City Charter names the Commission as Legislators and the City Manager as Administra- torland this is the time when the Commission can make a change. Assistant City AttOrney Goren confirmed that this would be the appropriate time to implement such a change. Commissioner Aguila questioned City Manager Miller as to where he ~elt this Division should be placed. Commissioner Aguila agreed that this Divilsion should be moved out of the Building Department. City Manager Miller suggested this Division be moved to Code Enforcement rather than either of the other two suggestions simply because of proximity. Moving this function to Finance or the City Clerk would make it difficult when questions needed answers andlpeople would be running back and forth between buildings. - t3 - HINUTE$ - SPECIAL CITY C01~I$$1'0N HEETING BOYNTON BEACH, FLORIDA JULY 29, 1992 This Division has been functioning under the Building Department and he has not been aware of any problems. Although there have been no discussions with the City Clerk or the Finance Director, it is obvious that the Finance Department has taken on more responsibility with less people. Further, the City Clerk is kept fairly busy. Commissioner Walshak asked if City Manager Miller feels this Division should be moved out of the Building Department. City Manager Miller feels it works fine now, Commissioner Walshak stated that 50% of the licenses issued through that Division go out to the building industry. Contractors draw permits constantly andleach time, the Building Department must refer to Occupational Licenses to make sure the insurance and license is current. Commissioner Walshak stated that no justification has been provided for moving this Division. Because some people working in the division are dissatisfied working under the Building Official is not justification enough for the move. Commissioner Aguila confirmed that it is Code Enforcement's function to check whether or not businesses are operating under valid Occupational Licenses. This is the reason why City Manager Miller feels the best move would be to Code EnfOrcement. ~ ,Notion vice Mayor Matson moved to place the Occupational License Division in the Code EnfOrcement Department. Mayor Weiner questioned the City Attorney to be certain that the Commission had a legal right to make a motion, accept a second and ask for a vote on this par- ticular issue. Attorney Goren stated that in the context of the Commission's review of the budget and intention to shift positions, divisions or departments, the!Charter and the Code permit the Commission to do this at this time. Mayor Weiner passed the gavel and seconded the motion. Mr. Marcus requested an opportunity to be heard. Mayor Weiner asked the City AttOrney for an opinion on whether or not to permit public input. Attorney Goren stated this is a budget workshop and a special Commission meeting. There wil be public hearings on the budget and the millage set by State law twice before it is adopted. At those times, the City is mandated to receive public input. Permission can be granted for public input, but it is not mandated at this time. Mayor Weiner afforded Mr. Marcus an opportunity to speak. Harry Narcus~ 650 Horizons ~ felt this proceeding was not well thought out. Mr. iMarC'us que~ohed Whether or not Vice Mayor Matson and Mayor Weiner had read thelCode with respect to the establishment of theOccupational Licenses Divi)sion. Mayor Weiner pointed out that the ruling of the City Attorney is that the iCommission has the power to make this change. Further, she stated that she woul)d not permit Mr. Marcus to test her on her knowledge of the Code. This response resulted in an allegation of deficiency with regard to the operation of Citg mechanics. He pointed out that a 1958 Code established the Occupational Liceinse Department. He read from Section 13-4 where it discusses the issuance of llicenses and states the Building Official or his designee issues the licen- ses.; He feels this Code is being changed because of a dislike for the Building Offi)cial. Vice Mayor Matson noted that Mr. Marcus spent approximately one hour - 14 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1992 behind closed doors with the Building Official this morning and wondered if his information was secured at that time. Mr. Marcus accused Vice Mayor Matson of attempting to destroy the Building Official's career. He stated he will speak out at every public meeting to expose her defects. He suggested this Code is being changed because a friend of hers quit. Mr. Marcus stated that although he respects the Mayor, he feels that because she did not like the method of the Building Official's appointment, and because he was appointed by someone she disliked, she is now attempting to get rid of him. He stated this is horrible and a disgrace. He said he admired her for many things, but not for this attempt to change the Code because of dislike of an individual. He feels it is despicable. Mayor Weiner again questioned whether or not the City Commission was on secure legal ground in making this decision. In Attorney Goren's opinion, the answer wasyes. Commissioner Walshak asked whether or not the motion should include direction to change the Ordinance. He pointed out that the move could not be effective until theiOrdinance is changed. Ms. Parker explained that all of this would become effective on October 1st. He further questioned the City Attorney about how the commission can direct the movement of a particular department which is covered by an Ordinance without going through the Ordinance proceeding. Commissioner Aguila also wondered what would happen if the Ordinance fails. Attorney Goren stated that if the Ordinance is changed, and there is an interpretation that an Ordinance is required to be adopted to modify the Commission's suggestion, it would require two readings and approval by the Commission. With this explana- tion, Commissioner Walshak felt the Commission could not arbitrarily say tonight that the department will be moved. Attorney Goren said it would be the will of the!Commission to set in motion the process required to move Occupational Licenses to the Code Enforcement Division and this is not an improper place to begiln that process. Theimotion carried 4-1. CAPITAL IMPROVEMENT FUND ,Caplital additions: (Commissioner Walshak cast the dissenting vote.) ~a. Street Sweeper lb. Mobtle radio for street sweeper TheSe items were discussed earlier in the meeting (see Pages 11 & 12). MISCELLANEOUS ITEMS Discussion regarding Tradewtnds Insurance reserve vs, millage rate This! item was discussed earlier in the meeting {see discussion beginning on Page 8). City Manager Miller pointed out that the millage rate to be set tonight can be changed. The purpose of this meeting is to allow for the two notices regarding the public hearings in September and to notify the public of the proposed millage rate. The millage set tonight is usually the top millage rate which can be levied. There is a clause in the Statutes which allows a higher millage to be levied, but it requires notifying alt property owners, by first-class mail, - t5- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, Z992 of the increase. The rate set tonight can be lowered, but it is not a practice to raise it. City Manager Miller referred to Page i and calculated the rate necessary to cover all of the additional items approved by the Commission. Currently, .2176 will bring in $406,898. Adding the additional items involves finding an addi- tional $97,118. In order to cover those additions, it would be necessary to bring the millage rate to 8.0223, General Operating only. That would amount to an additional .0519 being added to the .2176 figure. Commissioner Harmening moved to accept the millage of 7.8090. Commissioner WalShak seconded the motion. The motion failed 2-3. {Mayor Weiner, Vice Mayor Matson and Commissioner Aguila cast the dissenting votes.) Motion Commissioner Aguila moved to set the millage at 7.9704. Mayor Weiner passed the gavel and seconded the motion. . Commissioner Walshak pointed out that the figure is back to the City Manager's recommendation. The motion carried 4-1. (Commissioner Walshak cast the dissenting vote.) City Manager Miller stated that staff will go back and make additionallcuts or readjust the revenue stream to come in at a millage rate of 7.9704. 2. RESOLUTION ADOPTING A PROPOSED MILLAGE RATE (FY 1992-93)~ AND SETTING FORTH THE DATE, TIME AND PLACE OF THE FIRST PUBLIC HEARING TO ~ONSIDER THE PROPOSED MILLAGE RATE AND THE TENTATIVE BUDGET The dates for the budget public hearings were set for Thursday, September 10, 1992 at 6:30 p.m. and Monday, September 22, 1992 at 6:30 p.m. m Attorney Goren read Proposed Resolution No. R92-125 by title only:I m A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, !ADOPTING A PROPOSED MILLAGE RATE OF 7.9704 FOR THE GENERAL OPERATING BUDGET PURPOSES FOR FISCAL YEAR 1992-93 AND SETTING FORTH THE DATE, TIME AND PLACE ~OF THE FIRST PUBLIC HEARING; PROVIDING FOR SEVERABILITY, CONFLICTSmAND AN EFFECTIVE DATE. m Motion Vice Mayor Matson moved the adoption of Proposed Resolution No. R92-12~. Commissioner Aguila seconded the motion. A roll call vote was polled qy~ City Clerk Sue Kruse. Commissioner Aguila - Aye Commissioner Harmening - Aye Commissioner Walshak - Nay Mayor Weiner - Aye Vice Mayor Matson - Aye The vote is 4-1. - 16 - HINUTES - SPECIAL CITY COle4I$SION HEETING BOYNTON BEACH, FLORIDA ~ULY 29, 1992 AD~OURNHENT There being no other business to come before the Commission, Commissioner Harmening moved to adjourn the meeting at 9:15 p,m, Commissioner Agui]a seconded the motion which carried unanimous]y, ATTEST: (~cordi ng Secretary (FOur Tapes) THE CITY OF BOYNTON BEACH Mayor / Vi ce Mayor ( [~ ' mmissioner Commissioner - 17 -