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Minutes 09-18-90 (2)MINUTES OF THE CITY COMMISSION BUDGET PUBLIC HEARING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 18, 1990 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Robert Olenik, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. AGENDA APPROVAL Commissioner Weiner moved to approve the Agenda as prepared. Vice Mayor Wische seconded the motion which carried 5-0. PUBLIC HEARING Final Budget and Aggregate Millage Rate for Fiscal Year 1990/91 City Manager Miller explained this was the second Public Hearing to finalize the budget and adopt the millage rate. Pursuant to Florida Statutes, during this hearing the governing body would amend the adopted tentative budget as it saw fit, adopt a final budget and adopt a Resolution stating the millage rate to be levied. The Resolution would state the percentage, if any, by which the millage rate to be levied exceeds the roll back rate computed and would be characterized as the percentage increase in property taxes adopted by the governing body. The percentage increase in millage over the roll back rate necessary to fund this budget has been computed to be 9.4%. The roll back rate is 7.0868. The proposed rate for general operating purposes is 7.7528. The specific purpose for which these ad valorem taxes are being increased is pri- marily to generate ample dollars to maintain l~vels of muni- cipal services. At the last budget Public Hearing on September 5, 1990, the additional amount of $50,000 was reappropriated to the Community Improvement Fund through a transfer from the General Operating Fund. The $50,000 was generated from the Fire Dept. account due to a proposed holdoff in the hiring of 16 Firefighters for several months due to the fact that Fire Station ~3 will not be substantially complete. The City had originally anticipated bringing the 16 Firefighters on board around November 1, 1990, but based on information received from the contractor and the contruction manager, it did not appear the station would be substantially complete until the middle or end of December, 1990. 1 CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 The City's Fire Training Officer would like to bring the 16 Firefighters on in December for training. If the City does that instead of holding off for two months, it would result in savings for the City which the City Manager explained. The City Manager suggested hiring these Firefighters December 1, 1990. Discussion ensued on what would happen if the Fire Station wasn't ready until February. City Manager Miller stated the contractor had until December 18, 1990 to complete the sta- tion. The contractor had indicated he would be completed by the beginning of December. George Wasser had indicated he didn't feel it would be substantially complete until the beginning of January. If the Commission wished to take a safer course, the City Manager recommended they hold off until January 1. The City Manager did not want to put the Firefighters through the training and then have them end up sitting due to the station not being complete. Mayor Moore wanted to make sure the other Commissioners had also received information he had been provided from the con- sultant who is working with Bill DeBeck on this project. The information from Mr. Wasser estimated completion in February, 1991. It further indicated completion could be further delayed "based on the contractor's lack of attention to appropriate administrative detail and paperwork." The other Commissioners expressed concern that they had not been provided with a copy of this memorandum. Mr. Miller indicated the budget before the Commission, as amended, would have the Firefighters starting January 1. Therefore, there would be savings in the amount of $94,526 when you add the additional Firefighters at $73,000 plus the $20,893 double count in personnel computation. If the $50,000 is appropriated to Community Improvement, that would leave a balance of $44,526. Two things could be done with this figure. They could lower the millage or they could appropriate it to the Contingency Accountl Mr. Miller pointed out they only had $40,000 in the contingency account which is dangerously low. The Commissioners agreed they would like to see the $44,526 go into the contingency account. It was noted that the millage increase would be less than ½ mill or actually .4281. The Mayor pointed out there had also been a substantial increase in appraisals. The Mayor asked if there was any input from the public. Ralph Marchese, 1901 S.W. Roma Way was pleased the $50,000 would be going back into the Community Improvement program if this budget is approved. 2 CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Virginia Foot, President of the Greater Boynton Beach Chamber of Commerce expressed concerned at changes in fees and increases in Occupational License fees. She referred to the hardship this would work on businesses in the community. She understood each licensed professional would now be charged $150. This would include professions such as dental hygenists, barbers, beauticians, etc. She questioned what happens with the monies generated by Occupational Licenses. She urged the Commission to revisit this. She did not believe businesses should have to pay a special fee for fire inspection services. Vice Mayor Wische remarked on the need to restructure the Occupational Licenses. The intention was to cover admi- nistrative costs incurred by the City so the City would not be losing money. Mayor Moore understood to meet the test of legality, the Occupational License fee had to be based on a reasonable sum of money that it costs the City to regulate that business. He felt this was a foolhardy way of revenue raising and could be subject to judicial rejection. Many of these persons to be licensed are no more than employees, such as dental hyge- nists or barbers. They are not independent contractors. He did not think this fee was appropriate. Comments were made about phone calls from the public in opposition to this fee. Following this Budget Public Hearing, when the Commission proceeded into the Regular City Commission meeting, Commissioner Olenik remarked he intended to add something to the Agenda relative to putting a moratorium on these fees. He wanted a detailed report from staff justifying each fee charged. When the Commission went through first and second reading of that Ordinance, Commissioner Olenik didn't think it was made clear to the Commission how the City would be charging businesses that had State Certified Licenses. Mr. Miller pointed out that had not been changed. What had been changed was a Section of the Code relative to pro- fessionals. All these years that Section of the Code had not been followed. The primary area of concern seemed to be the Section of the Code dealing with the $150 fee per pro- fessional. In the past, the City had charged $150 per busi- ness. Now a funeral home with several funeral directors previously charged a total of $150 would be charged for each professional. Mr. Miller questioned this clause which had been in the Code since 1958. Don Jaeger, Building Official, indicated it was his belief this was an Occupational License tax and there was no real relevance to the services provided. CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Vice Mayor Wische pointed out that a dental hygenist works under the supervision of the dentist. The hygenist does not work independently. The Mayor believed if this is a tax, it is inappropriate. He repeated you have to be able to justify an Occupational License or any regulatory fee you impose on a person doing business on a reasonable rela- tionship between what that tax is and what it costs to over- see the operation of that business. City Attorney Cherof agreed and remarked that Occupational Licenses have traditionally been talked about in terms of privilege taxes. However, the amount charged for engaging in that privilege must be based upon certain types of admi- nistrative costs. Mr. Miller stated the Section of the Code they were con- cerned with was Section 13-8. This Section references Section 13-22 which is the License Tax Schedule. That is what the survey was based on. Section 13-8 was read out loud and the City Manager pointed out this had been in the Code since 1958. Vice Mayor Wische interjected that was not the intent they had in restructuring the fees. It was to be related to permits issued. Several Commissioners and the City Manager questioned the legality of this. The Building Official and City Manager had discussed this issue. Apparently, even though this had been in the Code for many years, it has been this year that we have started to impose this requirement. Commissioner Weiner asked how much revenue did they antici- pate realizing from this Section of the Code. Mr. Miller didn't believe there was any. This part of the Code had not been imposed until this year. This was not worked into the increase. The License Tax Schedules had been increased, however, and they did put in additional businesses and pro- fessions that were not included previously. Mr. Jaeger added they estimated about $60,000 would be realized from new job categories added. However, the new categories and what State Statute allowed them to do was to increase gra- duated rates 25%. That is what they did with the amended Occupational License Code. In a brief survey conducted, Mr. Jaeger pointed out they polled ten local municipalities and found seven out of the ten do license individual dental hygenists and charge anywhere from $48 to $100. Our City would be charging $70. When this Ordinance was proposed, they did a cross section of local cities in the County and that was how they justified where the fees are. Commissioner Olenik was concerned that notices went out to businesses several weeks ago and the businesses were not provided any justification why rates went up. Comments were made about doctors and technicians that work at Bethesda Hospital as employees and whether they received such bills as individual professionals. 4 CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Mr. Miller indicated the budget numbers for Occupational Licenses did not include those items addressed by Section 13-8, so that was not a concern as far as the budget. The majority of phone calls he had received from citizens, however, related to the provisions of Section 13-8 and licensing of individual professionals. Commissioner Weiner asked Mr. Jaeger if he could provide any kind of a comfort level with what they would realize in increased revenue ($107,000) with the exception of monies raised by Section 13-8. She didn't want the City to end up in Court over this. Mr. Jaeger stated that would be a determination for the City Attorney. As there was no further input from the public, THE PUBLIC HEARING WAS CLOSED. City Attorney Cherof indicated the Commission needed to adopt the budget and millage at this meeting. Mr. Miller pointed out they could still adopt this budget and then in the near future revisit the Occupational License issue. Amendments could be made to this budget next week or next month. The millage could not be changed and they could not increase the tax rate. If there is a budget shortfall, they would have to make appropriate adjustment. Mr. Miller believed if the fees are deemed equitable, the City may gain a little portion of the $60,000. Grady Swann, Finance Director, remarked that after final adoption, according to TRIM bill regulations, the State allows the City three days to notify the Tax Collector and the Appraiser's office. The City is adopting the budget by Resolution which will be effective immediately. The Ordinance is in regards to the State law that talks about the appropriations. That doesn't give a timeframe and is not under the TRIM bill. Relative to a list of job classifications provided by the City Manager, the Mayor asked if adoption of this budget gives those job classifications raises in government service rating and increases in salaries. Mr. Miller responded not to all of them. Some of those persons received a change in job classification but they will not be receiving additional pay, others will. The Mayor' thought this was "going through the back door" on Civil Service procedure. Resolution No. 90-GGGGGG Re: Adopt Final Millage Rate for FY 1990-91 City Attorney Cherof read Resolution No. 90-GGGGGG in its entirety. Only the caption follows: 5 CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE FINAL MILLAGE RATE OF 7.7528 MILLS FOR THE CITY'S GENERAL OPERATING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990 AND ENDING SEPTEMBER 30, 1991; PROVIDING THAT THE FINAL MILLAGE RATE OF 7.7528 MILLS IS 9.4 PERCENT (9.4%) ABOVE THE COMPUTED ROLLED-BACK RATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE." Vice Mayor Wische moved to adopt Resolution No. 90-GGGGGG. Commissioner Olenik seconded the motion. Mayor Moore intended to vote against this budget. He stated the City Manager had been directed to come up with a budget that would put the City on a sound fiscal basis and that would not have more than a ½ mill increase. The Mayor thought it was incomprehensible that a City of this size had no contingency for unforeseen circumstances. He stated he would have voted for a one mill increase. He felt this budget had been predicated on income that will not be forth- coming. The Mayor referred to a recession in the building industry. He thought they should have "bit the bullet" and raised the ad valorem tax. He implored the Commission to look into the possibility of opening up Beach Decals to people in the unincorporated area as that would generate considerable sums. Commissioner Olenik thought ad valorem taxes should be raised only as a last resort. Before that takes place the cost of government itself should be brought down. He was not convinced the City had done that to a sufficient point. Commissioner Weiner felt the Commission worked long and hard on this budget. The Commission wanted to burden the average homeowner as little as possible. Citizens are feeling the effects of the recession already. They had looked for ways to increase revenue. They had looked for ways to not elimi- nate present personnel, but not necessarily to replace per- sonnel that leaves. She felt the City Manager and staff had done an excellent job. Commissioner Weiner had strove to keep the millage rate down in view of the fact that we are headed into a recession. Commissioner Artis stated an area of concern had been the effect on small businesses and average homeowners. She felt the Commission had done the best they possibly could. The Mayor called for a vote motion. The motion carried the motion. of all those in favor of the 4-1. Mayor Moore voted against 6 CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Resolution No. 90-HHHHHH Re: Adopt Final Budget for FY 1990-91 City Attorney Cherof read Resolution No. 90-HHHHHH by cap- tion only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990 AND ENDING SEPTEMBER 30, 1991; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT OF THE CITY FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND; VOTED DEBT SERVICE FUNDS; CAPITAL IMPROVEMENT FUND; PUBLICITY FUND; UTILITIES FUND; VEHICLE SERVICE FUND; SANITATION FUND;, LOCAL OPTION GAS TAX FUND; WAREHOUSE FUND; CRA/COMMUNITY IMPROVEMENT FUND; GOLF COURSE FUND; AND PUBLIC SERVICE TA~ BONDS FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE." Commissioner Olenik moved to adopt Resolution No. 90-HHHHHH. Commissioner Weiner seconded the motion which carried 4-1. Mayor Moore voted against the motion. Ordinance No. 90-46 - 1st Reading Re: Adopting the Budget and Setting .Appropriations for FY 1990-91 City Attorney Cherof read Ordinance No. 90-46 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990, AND ENDING SEPTEMBER 30, 1991; AND'SETTING FORTH APPROPRIATIONS FOR THE OPERATION OF THE GOVERNMENT; ESTIMATING RECEIPTS FROM TAXATION AND OTHER REVENUE SOURCES FOR THE GENERAL FUND; VOTED DEBT SERVICE FUNDS; CAPITAL IMPROVEMENT FUND; PUBLICITY FUND; UTILITIES FUND; VEHICLE SERVICE FUND; SANITATION FUND; LOCAL~OPTION GAS TAX FUND,- WAREHOUSE FUND; CRA/COMMUNITY IMPROVEMENT FUND; GOLF COURSE FUND; AND PUBLIC SERVICE TAX BONDS FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE." Vice Mayor Wische moved to adopt Ordinance No. 90-46 on first reading. Commissioner Weiner seconded the motion. roll call vote was taken by Sue Kruse, City Clerk as follows: A 7 CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Mayor Moore - Vice Mayor Wische - Commissioner Artis - Commissioner Olenik - Commissioner Weiner - Nay Aye Aye Aye Aye Motion carried 4-1. ADJOURNMENT The Public Hearing was properly adjourned at ATTEST: Cit~lerk Recording Secretary (Two Tapes) 7:08 P.M. f/~ ~ _ M~yor Vice Mayor Commissioner ~ssioner AGENDA September 5, 1990 CONSENT AGENDA J cc: Finance, Mgmt Serv Util, Rec 3, 5' 7.; ALLIED LIME Lime deliveries for July 1990. Pay from Water & Sewer Revenue Fund- 401-332-5-365-00 $ 6,860.98 AMERICAN FOOD MANAGEMENT, INC. For Wilson Center Su~er Food Program Invoice #65229- 250 breakfasts & 691 lunches- $ 1,083.73 Invoice #65237- 248 breakfasts & 750 lunches- 1,158.75 Invoice #35245- 250 breakfasts & 750 lunches- 1,160.25 Pay from General Fund- 001-000-0-158-90 3,402.73 BELLE GLADE ELECTRIC Rewind Stator & overhaul 75 HP pump which irrigates the golf course. Pay from Golf Course Revenue Fund- 411-726-5-390-02 1,524.77 DAVIS WATER & WASTE INDUSTRIES INC. Odor control system, 6 scrubber rentals. Pay from Water & Sewer Revenue Fund- 401-352-05-499-00 4,500.00 ELKINS CONSTRUCTORS, INC. Improvements to the Boynton Beach East Water Treatment Plant per Contract and Specification (P.O. #84255) Periodic Estimate #2. Pay from Utility Capital Impr Fund- 404-000-0-690-10 15,385.50 FLAGCRAFT, INC. One 35' High Flagpole $ 1,175.00 Delivery and Installation 445.00. Pay from Publicity Fund- 101-191-5-450-07 1,620.00 HORIZONTAL DEWATERING SYSTEMS, INC. One pump rental for approx. 2 weeks, and 700' dewatering equipment for sewer installation at the F.O.P./Quantum Park. Pay from Utility Capital Impr. Fund- 404-000-0-691-10 4,116.25 MAHER CHEVROLET 3/4 Ton Chevrolet Pickup Truck with Utility Body. New Vehicle for New Personnel. Pay from Vehicle Service Fund- 501-193-5-681-00 12,976.00 MEYER'S TURF, INC. 4,680.00 42,000 Sq. Ft. Floratam Sod to be installed on 2,3,4,5 and 6 Medians on Chapel Hill Blvd. Pay from General Fund-001-722-5-635-00 $1,237.75 COMMISSION Pay from Capital Impr. Fund- 302-722-5-629-00 3,442.25. SEP ~ L~O APPROVAL 10. 11. 12. MOTOROLA COMMUNICATIONS, INC. Purchase portable radio for acreage mowing crew to use while tractor mowing in remote locations. Pay from General Fund- 001-722-5-690-05 PUMP & EQUIPMENT COMPANY Motor replacement for well #11. One 50 HP Hitachi submersible motor. Pay from Water & Sewer Revenue Fund- 401-331-5-642-00 SCOTTY'S 112 sheets of 4' x 8'x 5/8" Plywood per City Manager's request for routine city use-& for hurricane emergency. Pay from Warehouse Fund- 502-199-5-925-05 SPALDING Invoice # CE2987 Pro Shop Merchandise - 285 dz TF/XL ball sleeves. Pay from Golf Course Revenue Fund- 411-000-0-420-10 14. SUMSTATE METER & SUPPLY, INC. 1,000 model 25 3/4" Water Meters for New Sets and Replacement Meters. Pay from Utility Capital Impr. Fund- 404-334-5-651-00 SUTPHEN CORPORATION One aerial 100 ft. Telescopic Platform Fire Apparatus and Chassis with 1500 GPM pump and 300 gallons of water. $ 2,324.06 3,385.00 1,454.88 4,437.02 23,000.00 453,086.00 16. 17. VOLUNTEERS FIREFIGHTERS FUND Contributions for October 1989- September 1990. Pay from General Fund- 001-221-5-985-00 1,552.00 BILL WINCHESTER Rent for September - NCNB Building, lease approved by City Commission 6/19/90. Pay from Public Servc Tax Constr.- 301-241-5-640-23 6,500.00 EASTMAN KODAK COMPANY July minimum billing and June usage for Model 70 Copier. Pay from various departments. 1,229.86 GEE & JENSON Professional services for City Hall contractor change order reviews for period 6/30/90 thru 7/27/90. Pay from Building Improve. Fund---304-194-5-463-00 1,529.70 J.F. HOFF ELECTRIC COMPANY 11668.90 Est. ~/5 - P.O. 82716 - Construction of Motor Control Centers 1 & 2 at the East Water Treatment Plant. Pay from Utility Cap. Improve. Fund---404-000-0-690-10. COMMISSION SEP 5 1990 APPROVAL 21. 22. 23. 24. 25. 26. 28. 291. 301. HOFFMAN'S AIR CONDITIONING INC. Installed new 5 Ton Compressor in Rudd Condenser Unit, new Condenser Fan Motor Unit, start & check operation)Restaurant Unit). Includes 1 year warranty on motor and 5 year warranty on compressor. Pay from Golf Course---411-725-5-435-00 1,135.00 BEN KOUGH & ASSOCIATES, INC. Replacement of Motor & Impellers L.S. #313 per removal of L.S. #359 from active service for the present. Pay from Water & Sewer Rev---401~352-5~433-00 Con~nission approved 6/5/90 5,718.00 MOTOROLA INC. 2 Motorola STX 3W 16 Position Rotary Select - $4200.00 and 3 Setcom Headset W/Noise Cancelling Microphone and In Line PTT Switch - $1083.00, for Utility Mechanics. Pay from Water & Sewer Rev---401-396-5-690-05 5,283.00 FRANK W. MUMBY, III, REAL ESTATE APPRAISER/CONSULTANT Appraisal services - FEC Property - 2 Vacant Parcals. Pay from Community Improvement---621-136-5-610-00 2,500.00 P.B. & S. CHEMICAL COMPANY INC. July Chlorine deliveries for Water Treatment. Pay from Water & Sewer Rev---401-332-5-363-00 3,344.00 RPM CONSTRUCTION Payment #2 - P.O. 84322 - City Hall West Wing Renovation. Pay from Public Svs. Tax Constr.---301-241-5-629-00 Per bid 5/29/90, Commission approved 6/5/90 50,055.52 ROBERT E. RABORN, M.D. Hepatitis injections for 26 police officers - $4498.00 Stress Test on Sgt. Grenier - $239.00 Pay from General Fund---001-135-5-460-01 4,737.00 ROBERTS & REYNOLDS, P.A. Legal fees - Jeffrey Brown vs. Ofc. Bateson and City, inci- dent of 5/3/89 - $1586.54. Legal fees - Preston Blackmon vs. City, incident of 5/6/89 - $5502.94. Police Liability claims and attorneys are selected thru the Florida Municipal Self-Insurers Program. Pay from General Fund---001-195-5-468-00 7,089.48 UNITED STATES PIPE AND FOUNDRY COMPANY 3000' of 6" VD/I Cement-Lined Pipe for #1 & S.E. 21st. Ave. - Replacing Water Main Lines. Pay from Utility Cap. Improve.~--404-362-5-651-01 14,832.89 WASCON CONSTRUCTION, INC. 3,000.00 Fire Station #3 and Practice Range - Revised Plans for Phase II. Balance of $2300.00 to be added to our P.O. #82469. ,%JlVl IVi UDI Pay from Building Improve. Fund---304-223-5-640-11 APPROVAL 31. S.T. WICOLR CONSTRUCTION Payment # 8/9 on P.O. #82192 for Fire Station #3. Pay from Capital Improve. Fund---302-223~5-640-11 273,636.36 These bills have been approved and verified by the department heads involved, checked and approved for payment. Grady~. Sw~ce Director I therefore recommend payment of these bills. J//Scott Miller, City Manager COMMISSION SEP $ lg°~o APPROVAL