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2011.04.26_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, April 26, 2011 1.30 PM Mayor Bernard Featherman called the Workshop Meeting to order in Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Miriam S. Zwick; Commissioner Doris M. Trinley; Commissioner John J. Pagliaro; and Commissioner Dennis J. Sheridan. Also present: Town Attorney Tom Sliney; Interim Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; Deputy Finance Director Cale Curtis; Assistant to the Town Manager Zoie Burgess; and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence keeping both Dr. Seymour Strauss and Joe Yucht in our thoughts. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Mayor Featherman asked for any additions or deletions. Receiving none, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS Joseph Asselta — Casuarina Congratulated newly elected Mayor Featherman and Commissioner Sheridan, and wish them success during their term. He also volunteered to be of any assistance that he could using his legal background and prior experience on the Board. Harold Hagelmann — Former Mayor — 4748 S. Ocean Blvd. I am happy to state that Mr. Yucht is recovering after his fall. He and I feel the same regarding a traffic light at the firehouse. Would hope that the Commission reconsiders this light for the safety of both our fire and police departments. Give them the reassurance that they will be going home to their families every day. Congratulations to the new Mayor and Commissioner. Town Commission Workshop Minutes April 26, 2011 Page 2 of 9 3. PRESENTATIONS • The 2009-2010 Comprehensive Annual Financial Report (CAFR) Ron Bennett of Nowlen, Holt & Miner, P.A. Mr. Bennett — Thanked the Town and the Management Staff of the Town for their assistance in preparing the audit. The Financial Statement of the Town is the responsibility of Management with the outside auditors giving an opinion. If any Commission has a question, please contact us at any time. Highlights of the Audit: Governmental Revenues - 75% of the Town's revenue is derived through taxes. Total revenues decreased 1.4% from 2009. The decrease was due primarily to a reduction in grants. Governmental Expenditures - The Town's expenditures are dominated by Public Safety costs. Total expenditures decreased 1.6% from 2009, with the decrease due primarily to a decrease in capital outlay and general government expenditures. General Fund Unreserved Fund Balance — General fund unreserved, undesignated fund balance at September 30, 2010 was $6,077.935.00. This represents approximately 61% of general fund expenditures plus transfers out for 2009/2010. The general fund unreserved should be about 50% of the general fund expenditures. If you have a major expenditure coming up in the future, you should consider raising the unreserved balance. Water & Sewer Operations - Expenses exceed the revenues. Transfers were made from the General Fund to cover excess expenses. Mayor Featherman — Are we meeting all our bills and obligations? Mr. Bennett — Yes. The full audit explains this in detail. Manor Featherman — The comparison is to prior years. Can we look forward to forecasting a budget three or five years? Mr. Bennett — Auditors historically compare budgets to prior years. Vice Mayor Zwick — How do our reserves compare with similar size communities? Mr. Bennett — You have more than most communities. You are at the high part of the range. Most communities post their audits on their website if you want to review actual figures. Comm. Sheridan — Did you say we had a million dollar loss in the water/sewer fund? Mr. Bennett — Yes, before a transfer was made from the General Fund. It was a policy decision made by the Town Manager to transfer money from the General Fund to cover the deficit. • "Rescind the Motion" establishing a Resolution Prohibiting the Town Making Contributions to Non -Profit Charities Excepting Contributions Related to Natural Disasters - Ruth Stevens — Founder of the Lyric Chamber Orchestra representing Dr. Strauss Ruth Stevens — 2642 Cranbrook Ct., Boynton Beach, FL; Chairman/Manager/Founder of the Lyric Chamber Orchestra Dr. Strauss has returned to NY for additional medical treatment. Specifically relating to the Lyric Chamber Orchestra, in 2004-2005, the Town of Highland Beach gave $10,000.00 in seed money. We have been providing concerts in Highland Beach without remuneration for a number of years. Now is the time to recognize the orchestra. We are requesting a yearly donation of $10,000.00. Town Commission Workshop Minutes April 26, 2011 Page 3 of 9 A number of years ago, Dr. Strauss submitted a petition with 400 signatures to Dale Sugerman, but it went nowhere. Josephine Dolce — 4740 S. Ocean Blvd. I am a long time resident of Highland Beach, and have always been happy to donate my services to the Town for nothing. Some of the musicians in the orchestra come long distances. We cannot expect them to play for nothing. The Town needs to be proud of what we have. Comm. Sheridan — How many members of the orchestra are full time residents of Highland Beach and how many concerts do you give a year? Mrs. Stevens — Myself and Mrs. Strauss are residents. We have two concerts a year. Comm. Sheridan — Do you charge admission to these concerts and do you pay St. Lucy's? Mrs. Stevens — We started out charging $10.00 admission and have changed it to $20.00. We do not pay anything to St. Lucy's. Comm. Pa liaro — Out of the Board of Directors of six, you only have two residents. I am concerned with a comment previously made by Dr. Strauss. He stated that if he could not get financial support, the orchestra would leave. But you did not. Mrs. Stevens — If we do not receive financial assistance, the group might leave. Comm. Pa l�o — Has the group ever considered creating a group like the "Friends of the Library," but call it the "Friends of the Chamber Orchestra?" Mrs. Stevens — I have sent out solicitation letters and have only received $1,000.00. Comm. Pa liaro —My concern is that the citizens should make the choice on how they would like to donate their money. You are asking us to tax the citizens of the Town. I would be reticent to tax the Town's people to support the orchestra unless they actually voted to support the group. Mrs. Stevens — Hallandale, Sunrise, and Coral Springs support their orchestras. Do not understand what the problem is. It would cost the residents a $1.00 a year. Do not know how much longer we can continue. Most of the people are retired musicians. But how much longer can they do it for free? Comm. Pa liaro —You need to take the responsibility for your own fund raising. Unfortunately people are not supporting non -profits. Mrs. Stevens — We have not been successful with fund raising on our own. We have a core of 150 people who attend our concerts. Comm. Pa lg iaro — Town Attorney - the minutes of the January 2, 2007 meeting indicate that you made a statement regarding contributions, can you clarify? Town Attorney Sling X —There is a lot of charities and non -profits looking for assistance. Where do you draw the line? In some of the large Towns, they have a policy to which groups they will donate. In a small Town, there are less tax dollars, so a policy has to be adopted. In 2007 the Town Commission did that: The Town Commission made it a policy not to contribute to any charity, except national disasters. Comm. Trinley — Do you think that since you tried so diligently to contact the residents that the interest is not there? Mrs. Stevens — People have moved or cannot afford to give. Mayor Featherman — What is your budget? Mrs. Stevens - $4,000.00 a year. Mayor Featherman — How many concerts do you give a year and are there any outside of Highland Beach? Mrs. Stevens — We give two concerts a year. Both are held at St. Lucy's. Manor Featherman — You said you had 150 residents at the last concert. I spoke to people and most were not residents. Mrs. Stevens — The Friends of the Library gave us $500.00 two years ago. Mayor Featherman — Do you get any money from Boynton Beach? Renly — No. Mayor Featherman — These regulations Town Commission Workshop Minutes April 26, 2011 Page 4 of 9 were adopted before I came. No one gives money without a presentation explaining the background, finances, projected budget. If the regulations are not changed nothing can be done. Manager Weiser — Clarification — What would you like us to do with this item? Comm. Pa lg iaro- The Resolution remains as is — status quo 4. BOARDS AND COMMITTEES A) Board Correspondence: • Beaches & Shores Advisory Board — Appointment of Sea Turtle Liaison Chairman Rosalind Svenstrup notified the Commission that Sea Turtle Liaison Barbara Zeeman had resigned from the Beaches & Shores Advisory Board, and requested that the Commission appoint Beaches & Shores member Susan Hiles to that position. Ms. Hiles is also a Sea Turtle Volunteer. Consensus was to include appointment on the May 3, 2011 Consent Agenda. B) Board Action Report: • None C) Board Vacancies: Beaches & Shores Advisory —One full term Planning Board — Two-year unexpired term Talent Bank Interviews: Joan Halpern — 4511 S. Ocean Blvd. Mrs. Halpern was unable to make this meeting. Will attend next month's meeting, where another resignation is anticipated. Ronald Clark — 4750 S. Ocean Blvd. Stated that he not only lives at Aberdeen Arms, but is also the Property Manager. Previously was employed as a corporate executive in Pennsylvania and managed a number of different pieces of property. Previously have served on the Board of a Chamber of Commerce and as a member of an Industrial Development Commission. Mayor Featherman inquired if he would be able to make day meetings. Mr. Clark stated as a resident building manager he is on call 24 hours a day. He would be able to leave when necessary to make all meetings. Comm. Paeliaro questioned his preference of Boards, as he listed both Planning and Code Enforcement on this application. Mr. Clark stated he had experience on both Boards. Consensus was to include appointment on the May 3, 2011 Consent Agenda. Town Commission Workshop Minutes April 26, 2011 Page 5 of 9 D) Monthly Board Meetings • Special Magistrate — May 5th — Cancelled • Beaches & Shores Advisory —May l Oth — Canceled • Planning Board —May 11 th —Canceled • Bd. of Adjustment — May 17th - Regular - 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) ORDINANCE NO. 11-001 O — (2°d Reading on May 3d) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, RE- ESTABLISHING THE CODE ENFORCEMENT BOARD WHICH WAS DISCHARGED AS OF JULY 1, 2009 IN ACCORD WITH ORDINANCE NO.09-003 O. Town Clerk Brown read Ordinance No. I I 1-001 O, title only, into the record. Vice Mayor Zwick — suggested contacting the former members of the Board to see if they want to be reappointed. Comm. Sheridan — inquired on how many Talent Bank Applicants do we have on file? Town Clerk Brown stated that there were currently six for the Code Enforcement Board. Comm. Pa liaro — stated that historically we have appointed seven members to this Board. Talked to the Town Manager and she suggested that if we were having problems with attendance, have five regular members with two alternates. Town Attorney Sliney - When the appointments are made, the terms should be staggered. 6. NEW BUSINESS A) Authorization for the Mayor to sign the NPDES Third Term Permit Interlocal Agreement Between the Northern Palm Beach County Improvement District and the Town of Highland Beach. Manager Weiser - The Town is required under federal EPA regulations to maintain, monitor and report its control of stormwater activities under its NPDES (National Pollutant Discharge Elimination System) permit. To meet the requirements of the permit, the Town joined a coalition of 40 local government jurisdictions that work together through an Interlocal Agreement with the NPBCID (Northern Palm Beach County Improvement District) to handle all stormwater control monitoring and reporting requirements as a group. The attached Interlocal Agreement is the third renewal between the Town of Highland Beach and the NPBCID for these monitoring and reporting requirements. It will cover the period of October 1, 2011 to September 30, 2012. The cost for FY 2012 will be $1557 which includes a 10% reserve contingency amount covering any unexpected additional costs and expenses incurred Town Commission Workshop Minutes April 26, 2011 Page 6 of 9 by the NPBCID in the preparation of the permit. The Town Attorney has reviewed the agreement and has found it legally sufficient. Consensus was to include item on the May 3, 2011 Consent Agenda. B) Consideration of Placing a Town Ad in the Conference Issue of Quality Cities Manager Weiser - For the last few years, the Town of Highland Beach has placed a congratulatory ad in the Conference Issue of the Florida League of Cities Quality Cities Magazine. The FLC has sent out their ad notice for this year's conference which will be held at the World Center Marriott in Orlando August 11-13. Should the Commissioners choose to participate, staff would provide the FLC with updated information and photo. To do the same full -page color ad as last year will cost $1,000.00. This money is in the current budget. There are also smaller size ads available as attached. Since this amount is within the Town Manager's spending threshold, it does not require formal action of the full Commission. However, I thought that I would bring this item up at the regular meeting for a formal vote, just in case there is any member of the Commission who might be opposed to us placing an ad this year. Vice Mayor Zwick stated that we should support Florida League of Cities by purchasing a full page ad. Consensus was to include item on the May 3, 2011 Consent Agenda. 7. MISCELLANEOUS — ITEMS LEFT OVER A) Minutes March 29, 2011 - Workshop Meeting April 5, 2011 — Regular Meeting Mayor Featherman asked if there were any corrections or omissions? Minutes to be included on May 3, 2011 Consent Agenda. 8. REPORTS — TOWN COMMISSION Commissioner Sheridan — No Report. Commissioner Pa lg iaro — No Report. Commissioner Trinley — Would like to compliment Police Chief Hartmann on his monthly news briefings. Also compliment Deputy Finance Director Curtis on the job he is doing in the Finance Office. But, would like to see some news from the Building Department. Vice Mayor Zwick — No Report. Town Commission Workshop Minutes April 26, 2011 Page 7 of 9 Mayor Featherman— Would like comments from fellow Commissioners in regards to appointing another Financial Advisory Board. We have a lot of money in the bank, and there are many people in Town who have financial backgrounds that the Town could benefit from their expertise. Some of these same people are also knowledgeable in the insurance field as well. Have talked to a number of people who would be interested. This Advisory Board would not meet monthly, but quarterly. Comm. Trinley — Good idea to meet quarterly, as there are probably not enough topics to discuss on a monthly basis. Vice Mayor Zwick — Agree with Commissioner Trinley, to schedule monthly meetings where there very little to discuss. We would need to be specific on their topics and assignments. Comm. Sheridan — Agree, but need to include the Deputy Finance Director in the make-up of this Advisory Board. Comm. Pa liaro —Agree with the idea. We have a lot of people who are pro -active in Town. This will only be an Advisory Board. The Commission would make the final determinations. Comm. Trinley — Since this is only an advisory board, will someone be eligible if they are already serving on a regular board? Mayor Featherman — Would like to see it on the Consent Agenda for next week. Anyone interested can contact the Town Clerk for an application. Item to be included on May 3, 2011 Consent Agenda. 9. REPORTS — TOWN ATTORNEY A) Status of Town Clerk's Discipline Hearing The Town has appointed Judge Kenneth Stern to be the Hearing Officer, and the Hearing will be held at 11 AM tomorrow morning. B) Status of Hoffman Litigation The Hoffman case is officially over. Judge Brown signed off on the case on April 15''. 10. REPORTS — TOWN MANAGER Public Works Director Jack Lee and I have been working on a grant application for improvements to the walk path. We probably have a slim chance of receiving it, but the path needs some work and we thought it was worth a try. Town Commission Workshop Minutes April 26, 2011 Page 8 of 9 Received a letter from the Palm Beach County Inspector General notifying the Town that it is required that all Commissioners and all employees go through Ethics training provided by the Inspector General's office. A box has been placed in the lobby of Town Hall accepting donations for Boca Helping Hands. If residents are leaving for the summer and are cleaning out their pantries, it would be a good place to drop off these donations. Milani Tree Project — Cotleur Hearing has submitted the application to FDOT and once they sign off on it, it will take approximately three weeks to have the Royal Palms planted along the fence at Milani Park. 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Mike Ferrara — 4740 South Ocean Blvd. - Dalton Place I have been a resident of Highland Beach for thirty years. Have always believed in the normal hemisphere, that south is below north. When you come over the Spainish River Bridge and get to AIA, it says North Boca Raton to the left. People do not realize it also is South Highland Beach. Can we get a sign that says Highland Beach? I am submitting a formal letter requesting this. At one time, no one wanted anyone to know where Highland Beach was. Yesterday, I had the unfortunate experience to have to call 911 at 5 AM. Within four or five minutes, the rescue crew arrived and took care of the problem promptly. I contacted Beverly Brown, as I would like to make a donation specific to them. This will probably be my last meeting for the season as I will be returning to New Jersey early for the christening of my first great grandchild. Mayor Featherman — Just a note, when I met with the Fire Rescue people. They stated that once the ambulance goes out, they call a back-up immediately. Arlin Voress — Intracoastal Drive Appointing a Financial Advisory Board is a wonderful idea. Recommend talking to the former members to get ideas on what should be included in the Resolution. Joe Asselta - Casuarina Hoffman Case— Hallelujah. Orchestra —Do not believe it should be treated as a charity. Outside of LUTH, we do not have anything. If we have the funds, it is not an outrageous request. In all due respect, Dr. Strauss's advertising needs help. It is not a question of how many people come, but how many are from Highland Beach. The concerts are entertaining. Will it make us broke to donate? Town Commission Workshop Minutes April 26, 2011 Page 9 of 9 Harold Hagelmann — 4748 S. Ocean Blvd. We can spend money in the community and it is great, but we have to be careful with the present economy. We have wonderful police and fire departments. What is it costing us in fuel costs? Other Towns are looking into patrolling with electric cars. We might look into saving money with electric cars. Chief Hartmann, this is a challenge for you. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 2:37 PM upon a MOTION by Commissioner Sheridan; seconded by Vice Mayor Zwick. APPROVED: Bernard Featherman, Mayor MiMN4ck(YcejWyor M .� oris M.7ey, C 'ssioner "(,�� Dennis J. Shen'dan, Commissioner ATTEST: Beverly M. Bro , MMC D