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Minutes 09-08-86 MINUTES OF THE CITY COUNCIL PUBLIC HEARING ON THE PROPOSED 1986/87 BUDGET HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA MONDAY, SEPTEMBER 8, 1986 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl zimmerman, Vice Mayor Bob Ferrell, Councilman Ezell Hester, Jr., Councilman Dee zibelli, Councilwoman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Cassandra called the meeting to order at 7:30 P. M. APPROVAL OF AGENDA Mayor Cassandra stated it was suggested there be the addi- tion of Item II-A, Consideration of the report submitted by the City Manager on staff legal services. Vice Mayor zimmerman moved to adopt the agenda as changed, seconded by Councilwoman zibelli. Motion carried 5-0. PUBLIC HEARING ON PROPOSED TENTATIVE BUDGET & PROPOSED AGGREGATE MILLAGE RATE FOR FISCAL YEAR 1986/87 Request for Boynton Woman's Club Col. Marty Trauger, 702 S.W. 28th Avenue, Boynton Beach, Stated he was here to speak as Chairman of the Boynton Beach W~man's Club Advisory Committee. He explained how this advisory committee was formed to help restore and preserve this historic Mizner building housing the Woman's Club. He told about the history of this building and their efforts to secure~ financial help. He explained how the building was kept from deteriorating with spending over $60,000 from the Woman's CTub dues, receipts, etc. However, with the increase in insurance premiums, etc., it has made it prac- tically impossible for the members to continue the main- tenance of this historic building. He is requesting the City Council to find $25,000 over this year to assist in the maintenance program of this historic building. In return to the city, there would be the use of this building for Parks & Recreation Dept. special events, dances, shows, etc. He petitions and pleads to see if the City Council can grant over this year the amount of $25,000 strictly for the main- tenance of this building. Request to Keep Increased Staff as Proposed in Building & Planning Departments Mr. Simon Ryder, 2379 S.W. 13th Avenue, Boynton Beach, stated he would iike to endorse the proposal to increase the - 1 - MINUTES - CITY COUNCIL BUDGET HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1986 staff in a widely needed area. He referred to it being quite apparent in the Planning and Building Departments how the staff has been overtaxed trying to keep up with the paperwork needed for meetings, etc. and the growth. He feels the proposal to add to their staff is really an impor- tant factor. It is apparent that our growth is going to continue, plus the development of the central business area. Mr. Ryder then referred to the matter of the $25,000 exemp- tion to be voted upon in November and stated this will affect many people. He explained how the proposal would be calculated and stated it will not be easier for the people and requested that the Council keep this under consideration. Request for Purchase of Trash Containers Ms. Gloria Gregory, 6120 Ridge Lane, Ocean Ridge, informed the Council she serves as Chairman of the Beautification Committee of the Boynton Beach Chamber of Commerce. She is requesting a budget allocation to start a program to place trash containers in high pedestrian areas of Boynton Beach. She told about the specific receptacle chosen by the Downtown Review Board which costs $760 plus tax and freight. Their request is that the amount of $3,500 be budgeted in a pilot program to purchase and install four trash receptacles in specified areas. The cost of the containers should not exceed $3,000 with $500 left for upkeep and maintenance. The use could be evaluated after a year with the decision to be made whether they should be continued and expanded. Mayor Cassandra ascertained nobody else desired to speak and declared the public hearing closed. DISCUSS BUDGET OF STAFF LEGAL SERVICES Councilwoman zibelli stated she feels we should open propo- sals for contractual and/or in-house legal services with advertising in the ABA Journal, Florida Bar News, local newspapers, etc. and we should be able to get a lot of input and close the bids around October 31. Mayor Cassandra questioned how much time was needed for advertising in legal papers and if the October 31 date would be feasible and Mr. Cheney suggested making a decision on the nature of the ad. He questioned whether the adver- tisement should be on a retainer contract, full time staff attorney, the range of pay to be offered, etc. Councilwoman zibelli suggested the ad could be for contractual and/or in- - 2 - MINUTES - CITY COUNCIL BUDGET HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1986 house legal services. Vice Mayor zimmerman suggested con- sidering the report and making a decision whether to go to full time or contractual as he thinks the responses then would be more to the point. Mr. Cheney agreed that it could be done both ways, but explained how experience, salary range, provision of all services, etc. must be considered with alternative situations. He added that a reasonably good attorney may not apply with not having some idea of the scope he would be involved with and advertising in newspa- pers for a City Attorney suggests somewhat of a non- professional approach to looking for an attorney. Mayor Cassandra referred to the Florida League of Cities Journal having ads and Mr. Cheney agreed and added that a discreet letter could be sent to a number of attorneys who serve municipalities in this county and various assistants to see if they are interested if decided to hire on a retainer basis. Mayor Cassandra referred to the numerical numbers included in the report and suggested these be verified. Mr. Cheney explained that quality should be taken into consideration. Mayor Cassandra questioned if the advertisement could be for both methods and Mr. Cheney replied that he thought it could be, but the Council will have to make a decision which direction to go as an in-house and retainer attorney are two different kinds of people. Mayor Cassandra asked Mr. Vance if he was amicable to staying on board until a suitable person is found and Mr. Vance replied affirmatively as long as within reason, but he would like some sort of time frame. After comments about the time needed for advertising and interviewing, Mayor Cassandra clarified that November would seem to be the earliest possible time. Mr. Vance added that the city work is in their schedule and they will carry on for a reasonable period of time, but it would be helpful if the Council makes a decision of an approximate time. Mayor Cassandra stated that hopefully, this could be concluded by November. Councilman Hester stated that a decision should be made now to request bids one way or the other as he sees no need for doing it twice. He thinks the Council should make a deci- sion tonight. Mayor Cassandra stated that he has been a proponent for a full time attorney for three year.s. If the cost is too excessive, then we can go the other way. - 3 - MINUTES - CITY COUNCIL BUDGET HEA~ING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1986 Mr. Cheney referred to preparing a budget for discussion based on information from other cities, but stressed that quality and experience must be considered. Councilman Hester asked if space had been planned in the new facility to accommodate a City Attorney and staff in-house and Mr. Cheney replied that to date, there has not been, but the bigger problem is in the present facility. If it is decided to do it while still in the present facility, he would propose that the Mayor and Council's office be used by a City Attorney and block off that back door area to create an office at the end of the hallway for a secretary. Vice Mayor zimmerman stated as the city gets bigger, he believes we will benefit from a full time attorney, but under the present situation and considering the estimates given, we might have to think seriously about having to do it this year. We will be operating part of the fiscal year under a contractual basis with Mr. Vance and with the building situation and the tightness of office space, it might be good to postpone until getting a new building and begin next fiscal year. Mayor Cassandra agreed that space definitely is a problem, but he still questions the figures submitted. Councilman Ferrell stated he thinks we should go with contractual service this year. The estimates look low to him. He thinks taking on an extra $60,000 this year may be too much with considering the $25,000 requested for the Woman's Club and $3,500 by the Chamber of Commerce. Also, he doesn't think we should make a temporary office and then tear it down. Mr. Cheney advised that the new office space will not be ready next fiscal year. Mayor Cassandra clarified that the question is whether contractual or full time. We still must advertise for somebody. If the burden of time is not on Mr. Vance and he is agreeable to serve, then it will not hurt the city to advertise the full time position at this particular moment. If, at the end of October, the cost is found to be high, we could then go to contractual. Mr. Cheney replied that a figure must be decided for the full time attorney and added that it could be advertised for lower than suggested and see. what is produced. With an attorney on retainer, a figure would not be needed now, but the word could be put out and discussions held with attorneys who are interested to see what their fee is and what they have to offer. Councilwoman Zibelli stated she would like to advertise for a full time attorney to see what the market has to offer. - 4 - MINUTES - CITY COUNCIL BUDGET HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1986 Vice Mayor Zimmerman replied that the advertising won't be more expensive, but the interviewing may take longer. Councilman Ferrell commented that he thinks it would be con- fusing to attorneys who read an ad for both and he thinks we should go to contractual for twelve more months. Councilman Hester stated he is for going to a contractual person. There might be the need later for a full time attorney; but right now, he does not see the need. Mayor Cassandra referred to needing a salary range when advertising the full time position and stated the actual budget seems to give the range of $127,000 to $144,000. Mr. Cheney clarified that this amount is for contractual, but includes everything. What we have been paying for the retainer is $61,000. It could be advertised at full time at $45,000 to $49,000 and the attorney would submit requests to budget a secretary and other costs. After further comments, Councilwoman Zibelli made a motion to advertise for a full time City Attorney and see what the market place demands. Mayor Cassandra passed the gavel to second the motion. Under discussion, Vice Mayor Zimmerman stated he feels we could handle the situation during inter- viewing and advertising to see what the promises are for either. Motion failed 3-2 with Vice Mayor zimmerman and Councilmen Hester and Ferrell dissenting. Councilman Ferrell made a motion to advertise for an attor- ney on a contractual basis for the next fiscal year, seconded by Councilman Hester. Under discussion, Vice Mayor Zimmerman referred to this not including a full time attor- ney and Mayor Cassandra informed him that motion was lost. Vice Mayor Zlmmerman suggested advertising both ways and Mayor Cassandra replied that we must go one way or the other. Motion failed 3-2 with Vice Mayor Zimmerman, Councilwoman zibelli and Mayor Cassandra dissenting. Vice Mayor Zimmerman moved to advertise and interview con- sidering both situations, the contractual and full time, and get a little bit more information to see whether these figures are right and understand more about the situation. Councilwoman Zibelli seconded the motion. Under discussion, Councilman Ferrell stated he thinks a motion should be made one way or the other. We will know if an attorney is looking for a full time or contractual position. Councilman Hester explained how two different things would confuse the applicant. He does understand the rationale behind adver- tising both ways at the same time. Councilman Ferrell - 5 - MINUTES - CITY COUNCIL BUDGET HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1986 clarified that he is not against a full time attorney, but feels we are not prepared to go for one at this time. He feels the contractual basis for twelve months is the sen- sible thing. More thought should be given to the hiring of a full time attorney and facility-wise we are not prepared. Mayor Cassandra referred to there being ample money for the requests made tonight and requested they not be mixed with this. Mayor Cassandra referred to two advertisements not being a good idea and suggested a decision be made whether to go with contractual or full time. He has been a proponent for a full time attorney because he has seen the contractual cost being as much or more and the time involved not being nearly as much. He does not think it makes the city look good by advertising in an either/or manner. Councilwoman zibelli responded that if we want to go to a full time attorney, we could make usage of the rooms downstairs for the short time involved before moving into the new complex. Mayor Cassandra clarified that he is not concerned about the physical space being a problem, but could not make the city look bad with advertising in an either/or way. Vice Mayor Zimmerman withdrew his motion and Councilwoman zibelli withdrew her second. Mayor Cassandra requested those Councilmembers not wanting a full time attorney to possibly reconsider to see what the advertisements bring in. If non-quality people are brought in, we can always go to a contractual basis. Councilman Ferrell replied that he is not opposed to a full time attor- ney, but thinks it is being rushed for this year. He thinks we should take an additional twelve months while everything is being built to give this more study. He would go along with a full time attorney next year. Councilman Hester added that he is opposed to a full time attorney at this time; but to get this off center, he might vote for a full time attorney but wants to make sure his qualifications are such that we get a good one. When the resumes are sub- mitted, he will study them. Experience in city government must be required. Councilwoman zibelli made a motion to advertise for a full time attorney, seconded by Vice Mayor Zimmerman. Under discussion, Councilman Ferrell stated in order to give this the full support of the Council, he will vote in favor. Motion carried 5-0. - 6 - MINUTES - CITY COUNCIL BUDGET HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1986 Mr. Cheney suggested the advertisement read as follows: "The City of Boynton Beach, Florida, is seeking full time staff attorney services for the purpose of supervising and executing the city's legal services, providing legal advice to the City Council, city staff and city advisory boards. Staff attorney will be directly responsible to the Mayor and City Council, will be a member of the city staff in an exempt position, will receive appropriate city bene- fits as negotiated and receive necessary staff support. At least three years of Florida municipal related experience will be required. The salary range will be $42,000 to $52,000." Mr. Vance commented with that kind of advertising schedule and reviewing process, he is probably looking somewhere around December 1. Mr. Cheney replied that he will include a date in the advertisement. Mr. Vance added that he distributed a letter on Friday asking guidance on a time frame and requesting the City Council to immediately consider hiring a special counsel for the Tradewinds lawsuit. Mayor Cassandra replied that we had not received the letter yet, but will respond to it when received. He asked how many lawsuits were outstanding and Mr. Vance replied that he is compiling a list. There were further comments about insurance claims and the DOT case. LEGAL Ordinances - First Reading Proposed Ordinance No. 86-33 - Re: Adopting the Aggregate Millage Rate for 1986/87 Fiscal Year Mr. Cheney informed the Council that before finishing this evening, a tentative millage rate must be set which will be advertised at the end of this week with the next public hearing being held on Monday when the final millage rate will be set. Councilman Hester stated he has looked at the budget completely, listened to comments and read remarks in the newspapers. He is willing to listen to anybody who can show him where we can cut the budget without interfering wi'th services and facilities. Mr. Cheney reviewed the attached General Fund Budget Adjustment sheet. He added that this will be followed up in detail at the next meeting. - 7 - MINUTES - CITY COUNCIL BUDGET HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1986 Councilman Ferrell referred to discussing possibly cutting the budget for appearances' sake and asked the Council to keep in mind the additional requests - attorneys could cost $160,000 plus other costs - capital improvements are not certain. He thinks before we make a cut, which may result in $1.00 per year per person, we should keep the millage rate where it was. We are going into a new program and we are not sure of the cost. Mayor Cassandra referred to working on the budget and stated he was proposing to show the numbers without cutting ser- vices to go back to the rollback rate. He wants to change it because of Councilman Ferrell's comments about building and attorneys' costs and the $28,000 request. It is not just a $1.00 difference, but a $40.00 difference in taxes between staying as is to the new budget. He wants to look at it closely. Also, we have to be concerned that we are increasing the sanitation fee, which the citizens must pay. We are also going to be having water and sewer increases. We must consider the total coming out of people's pockets. We should look in one area to save in another. He will have to redo his numbers to figure these matters brought up. Mr. Cheney asked if the Council was generally supportive of the two requests heard tonight and Mayor Cassandra replied affirmatively. Mr. Vance read proposed Ordinance No. 86-33 in its entirety. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, STATING THE AGGREGATE MILLAGE RATE TO BE LEVIED AGAINST PROPERTY OWNERS WITHIN THE CITY FOR THE 1986-1987 FISCAL YEAR; PROVIDING THAT THE CITY MANAGER SHALL HAVE THE AUTHORITY TO ADJUST THE AGGREGATE MILLAGE RATE UPON RECEIPT OF THE FINAL TAX ROLL; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. During the reading, he inserted the following figures: Section 1: Section 2: 7.4227, 7.3638, .0589, .6813, 8.1040 12.9% Councilman Ferrell made a motion to adopt Ordinance No. 86-33 on first reading, seconded by Councilman Hester. No discussion. Mrs. Boroni took a roll call vote as follows: Vice Mayor zimmerman - Aye Councilman Ferrell - Aye Councilman Hester - Aye - 8 - MINUTES - CITY COUNCIL BUDGET HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1986 Councilwoman Zibelli - Aye Mayor Cassandra - Aye Motion carried 5-0. Proposed Ordinance No. 86-34 - Re: for 1986/87 Fiscal Year Adopting the Budget Mr. Vance read proposed Ordinance No. 86-34 in its entirety. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1986, AND ENDING SEPTEMBER 30, 1987; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. During the reading, Mr. Vance inserted the following figures: Section 2: Section 3: Section 4: $18,745,337 $836,808 $70,850 Councilman Ferrell made a motion to adopt Ordinance No. 86-34 on first reading, seconded by Councilman Hester. No discussion. Mrs. Boroni took a roll call vote as follows: Councilman Ferrell - Aye Councilman Hester - Aye Councilwoman zibelli - Aye Mayor Cassandra - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. REVIEW GOLF COURSE BUDGET Mr. Cheney summarized comments from the Golf Course Advisory Committee meeting last week and told about questions being asked about staffing, salaries, etc. He told about Mr. Sciortino's detailed explanation of the functions and activi- ties involved for maintenance, which showed the staffing was appropriate. The Golf Course Advisory Committee had a long discussion of alternatives for the 50¢ per round charge. The Golf Course Advisory Committee did vote 4-1 to recommend the budget as proposed be adopted with the 50¢ per round surcharge after a long discussion. It is a balanced budget with revenue over expenses of $4,000, which he is confident will be increased when the books close in September. - 9 - MINUTES - CITY COUNCIL BUDGET HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1986 Mr. Cheney then told about the reserve fund purposes. He told about the mechanic watching the equipment closely with the life expectancy of cart batteries being increased. The City Manager summarized that the fund is in good'con- dition. He would like to see the surcharge go into effect as it will allow some additional things and improve the area. Mayor Cassandra questioned the improvements planned with the $50,000 collected from the surcharge and Mr. Cheney read a list of the various improvements recommended. Mayor Cassandra referred to increasing the membership by $5.00 to each member, so all the money could be collected up front and Mr. Cheney explained how this fee for improvements would only be paid by the people using the course. Mayor Cassandra questioned the members' response to paying this extra fee, but stated he is in favor of improvements. Vice Mayor Zimmerman suggested agreeing with the decision and support of the Golf Course Advisory Committee, as they live close to it. Councilman Hester commented that it seems reasonable that everybody should carry their share. Mayor Cassandra pointed out how an active member could be paying $20 more and he thinks it would possibly be fairer to assess each member just $5. Councilman Hester moved to accept the golf course proposed budget as presented, seconded by Vice Mayor Zimmerman. Mayor Cassandra clarified that this included the revenue collection method. No discussion. Motion carried 5-0. REVIEW SANITATION BUDGET Mr. Cheney referred to the real issue being the rate increase and stated comparisons were given for both commer- cial and residential rates. Mayor Cassandra asked if the rate for a residential dumpster was in direct relation to the number of apartments and Mr. Cheney informed him for the current year, $8.00 is paid per house residential unit and where there is a dumpster, $7.45 is paid per unit. They pay less because it costs less as it is picked up in bulk. The new proposed rate for a single family home is $9.25 and a condominium using a dumpster is $8.60 per unit. He explained the breakdown for the $1.25 increase and the charges included in the commercial rate. Mr. Cheney then told about the upgrading of equipment and added that the sanitation rate includes trash pickups. He - 10 - MINUTES - CITY COUNCIL BUDGET HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1986 told about the involvement of Councilwoman Zibelli with the North Boynton Community Improvement Association and their plans to start a model block program on N. E. 4th Street with continually expanding their efforts beyond that block. He told about the duties of the four additional employees proposed. Mayor Cassandra questioned what monies are in reserve right now and Mr. Cheney explained how it was a negative reserve with equipment being replaced every year. After further discussion about the various charges covered by the rates, Councilman Ferrell made a motion to accept the proposed sanitation budget as presented, seconded by Vice Mayor Zimmerman. No discussion. Motion carried 5-0. OTHER Mayor Cassandra announced an Executive Board Meeting would be held immediately following this meeting. Mr. Cheney asked if a joint CRA/City Council meeting could be held on September 25 and Mayor Cassandra replied that he would be out of town. Mr. Cheney advised that another date would be picked. ADJOURNMENT Councilman Ferrell made a motion to adjourn, seconded by Councilwoman zibelli. Motion carried 5-0 and the meeting was properly adjourned at 9:25 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor - 11- MINUTES - CITY COUNCIL BUDGET HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1986 / ~ Councilman ATTEST: /~/ /~Co~nc i iwoman City Clerk Recording SeCretary (Two Tapes) - 12 -