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2011.06.28_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, June 28, 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; Town Manager Kathleen D. Weiser; Deputy Town Clerk Valerie Oakes; Lieutenant Eric Lundberg; Public Works Director Jack Lee; Acting Finance Director Cale Curtis; Assistant to the Town Manager Zoie Burgess; Water Plant Superintendent Joe Sterlicchi and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence in honor of members of the military, both living and deceased. 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 Mayor Featherman announced that there is currently a vacancy on the Palm Beach County League of Cities Fire Rescue Level of Service Committee. Mayor Featherman asked if the Commission would be interested in making a recommendation to the league to appoint former Mayor Harold Hagelmann, who was a Fire Captain. Harold Hagelmann — Boca Highlands Is available for the vacancy and would like to offer services as he was formerly a Commanding Officer for the New York City Fire Department and has a long background in fire medics. By consensus, the Commission agreed to place this item on the July 5 h Consent Agenda. Town Commission Workshop Minutes June 28, 2011 Page 2 of 9 Joe Yucht — Boca Highlands Commends the Commissioners on the appointment of Harold Hagelmann, as he is the most qualified person for the position in Town. Recently was hospitalized and spent time in a rehabilitation center, while in both facilities, there were grab bars in the bathroom facilities and found the grab bars very helpful. Suggested that the Town install the grab bars in the municipal restrooms because sometimes it is difficult for people to maintain their balance. 3. PRESENTATIONS None 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • None C) Board Vacancies: • Beaches & Shores Advisory Board — One full term • Code Enforcement Board — Two Appointments • Financial Advisory Board — Five Appointments Interview: Bruce M. Giacoma — 3015 S. Ocean Blvd. Has lived in Town for seven years and previously resided in New York City. While living in New York for 26 years, he worked in the Government Securities Bond Market. Has significant background in bond market activities. During the time he resided in New York, he devoted his time to the Long Island Christ Church, and was in charge of the depositories and the investment policies of the church. As a result of those factors, is the Chair of a mortgage banking company out of Maryland and in charge of the activities and money management. Owned two successful mortgage companies and sold both successfully to large banks — Keystone Banking Company in Indianapolis and Residential Mortgage Banking in Long Island. Mayor Featherman asked the Commission if they had any questions. There were no questions from the Commission. When are bonds going to come back? Reply — Personal opinion is that the government clearly is intentionally keeping short-term interest rate loans. There is a struggle in the market where normally the bonds go up and stocks go down but because of the lack of liquidity, there is currently a risk on risk off trade. There will be a relatively sustained period of low interest rates. William "Bill" Gross — 3210 S. Ocean Blvd. Has lived in Town for 15 years with his wife, Karen, and has two children, five grandchildren (two on the way). Served as President of the condominium board for three years and is currently serving as the Treasurer for the past five years. Has a Bachelor in Business Administration and Accounting and a Master in Finance and Town Commission Workshop Minutes June 28, 2011 Page 3 of 9 Investments. First job was in the private equity business, then became controller of a publishing company and then promoted to Chief Financial Officer. In 1995 moved from New Jersey to Highland Beach, sold company and started an investment firm, Gross Financial Services, and is the President. In addition, is a Certified Public Accountant (CPA) in Florida, New York, New Jersey and Connecticut. Certified Financial Planner (CFP) and Charted Life Underwriter (CLU). Is very excited about having a new mayor in Town and wants to offer his services. Mayor Featherman asked the Commission if they had any questions, hearing none, proceeded with the agenda. • Planning Board — Three-year term Interview: Carl Feldman — 3210 S. Ocean Blvd. Served as Campaign Treasurer for the election of former mayor Jim Newill. This year served on the committee to elect Bernard Featherman for Mayor and served as his Campaign Treasurer. During Mayor Featherman's campaign, had the privilege of speaking with many residents of the Town and listening to their visions, plans, and their thoughts on the future of this Town. Mayor Featherman asked the Commission if they had any questions. Commissioner Sheridan — Both William and you live in the same building. Mr. Gross's application states that he has been the President and Treasurer for the past six years. Mr. Feldman's application states that you served as President from 2006 to present. Mr. Feldman — Mr. Gross was stating that he was the Past President and current Treasurer. I am the current President and have been for the past five years. Consensus was to include the three appointments on the July 5, 2011 Consent Agenda. D) Monthly Board Meetings • Beaches & Shores Advisory Board — July 12t` — Regular — 9:30 AM • Planning Board — July 13d' — Regular — 9:30 AM • Bd. of Adjustment — July 19'h — Regular — 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS None 6. NEW BUSINESS A) Authorization for the Town Manager to issue four (4) Blanket Purchase Requisitions. Mayor Featherman read aloud the title of New Business Item #6A and referred the matter to the Town Manager. Town Commission Workshop Minutes June 28, 2011 Page 4 of 9 Town Manager Weiser — On a monthly basis the Town's Water Department purchases thousands of dollars worth of chemicals to operate the Reverse Osmosis Water Treatment Plant. According to the Town's current purchasing policy, each purchase must demonstrate the efficient use of public funds. To satisfy this requirement, the ordering department must obtain a minimum of three quotes every month from a variety of different chemical companies who are never the lowest quote to make their purchase. However, the majority of chemical companies who are never the low bidders have stopped offering us quotes on a monthly basis because they are never awarded a contract. Town Staff would like to streamline this purchasing process by issuing what is called a Blanket Purchase Requisition. A Blanket Purchase Requisition will allow staff to purchase from the lowest bidding company for up to a year without having to re -bid the product. The Water Plant's Superintendent, Joe Sterlicchi, has contacted and obtained a variety of quotes from companies that supply various chemicals. We were unable to obtain three quotes on three of the purchase requisitions because of third supplier could not be located to provide us with annual bulk shipments. Mayor Featherman called for any questions or comments from the Commission. Commissioner Sheridan — In favor. Vice Mayor Zwick — None of these ever fall above the limit of expenditures, do they? Town Manager Weiser — There are different limits for different amounts. If they reach a certain threshold, then we follow the procedure. Consensus was to include authorization for the Town Manager to issue four (4) Blanket Purchase Requisitions on the July 5, 2011 Consent Agenda. B) Authorization for Beaches & Shores Advisory Board to participate in Turtle Walk and Talk Day July 16te. Mayor Featherman read aloud the title of New Business Item #6B and called on Linda Albertson, Member of the Beaches & Shores Advisory Board, to the podium. Linda Albertson, Member of the Beaches & Shores Advisory Board — On behalf of the Beaches & Shores Advisory Board, we are requesting authorization to participate in a Turtle Walk and Talk Day. St. Lucy's Church has given permission to use the parking lot. We would meet at 7:00 a.m. and proceed as a group to the beach for approximately two hours to listen to a talk about the turtles. There is no cost associated and open to any resident that would like to attend. Commissioner Pa liaro — As a former turtle volunteer for 11 years, pleased that the initiative was taken to provide an educational program and to introduce the special experience of what the trained volunteers do on a daily basis. Strongly recommend Town residents to attend. Town Commission Workshop Minutes June 28, 2011 Page 5 of 9 Consensus was to include authorization for Beaches & Shores Advisory Board to participate in Turtle Walk and Talk Day July 16t' on the July 5, 2011 Consent Agenda. C) Approval of Interlocal Cooperation Agreement with PBC Housing & Community Development for participation in the Urban County Entitlement Jurisdiction. Mayor Featherman read aloud the title of New Business Item #6C and referred the matter to the Town Manager. Town Manager Weiser — The Town has been requested to participate in the PBC Urban County Entitlement Jurisdiction for FY 2012-2014. The Town had chosen not to participate in the past since we do not have low-income housing in Highland Beach. However, the Town's participation affects the amount of funding the County receives under the Community Development Block Grant Program, the Home Investment Partnership Program and the Emergency Shelter Grant Program. These programs allow the County to fund countywide projects that, although not located in Highland Beach, they may be used by our residents as well as other County residents. The Agreement has been found to be legally sufficient by the Town Attorney. A representative is present to answer questions. Clement Clarke, PBC Housing & Community Development — Every three years the county has to re -qualify as an urban county that allows us to receive funds from the Department of Housing and Urban Development, Community Development Block Grant Program, the Home Improvement Partnership Program and the Emergency Shelter Grant Program. Primarily, these funds should be used to benefit persons that are on low or moderate income but the scope is much broader such as age or physically or mentally impaired. Why do we need your numbers? The County is required by HUD to contact each municipality to receive participation with the county. If you choose not to sign with us, the money would be lost and sent back to Tallahassee then allocated to other areas outside of PBC. This community is not low or moderate in income, however, in the event of a hurricane there is assistance to directly help the Town; disaster relief funding could only be used if the municipality has an interlocal agreement with the County. For the upcoming fiscal year, we anticipate six million dollars, over 2.4 million in Home funding, and approximately $400,000.00 under the Emergency Shelter Plan. It will beseech the Town to sign the agreement. Commissioner Pa lg iaro — Our participation would certainly contribute to the funds for PBC, sounds like a win -win situation. I am in favor of joining in this interlocal agreement. Vice Mayor Zwick — Thank you for coming to explain and give the pathway for how these funds travel and how our participation can help. I would approve our participation of the agreement. Commissioner Trinley — I agree. Mayor Featherman — Have we all read the contract, Town Attorney your opinion? Town Attorney Sling y — Some years ago, the Town dud participate. I have an issue with paragraph 6 which reads, " The MUNICIPALITY has adopted and is enforcing prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against Town Commission Workshop Minutes June 28, 2011 Page 6 of 9 individuals engaged in non-violent . civil rights demonstration... ". If you adopt the agreement, then the Town has deemed to adopt that particular paragraph because it states that the Town has adopted when, in fact, the Town has not adopted that policy. There is no issue with the Town participating with the County to receive more money. Agree with the comments of the Commission. Mayor Featherman — How does this affect the Town as we do not have public housing? Town Attorney — My understanding is that we are not eligible to participate because we do not have low-income housing. We have very little undeveloped land as a whole. Do you use the population numbers? Mr. Clarke — The economic characteristics of the population numbers are used. The County uses the Town's population number to increase the pot of money. Commissioner Trinley — Town Attorney is it possible to adopt the agreement without paragraph no. 6? Town Attorney Slina — We would have to say that in part of adopting this agreement, the Town would be adopting that policy as well. This is not a policy that has been relevant to the Town. By consensus, the Commission agreed to include this item on the July 5, 2011 Consent Agenda. 7. MISCELLANEOUS — ITEMS LEFT OVER A) Minutes May 31, 2011 — Workshop Meeting June 6, 2011 — Special Meeting June 7, 2011 — Regular Meeting No corrections received from Commission, minutes to be included on the July 5, 2011 Consent. 8. REPORTS — TOWN COMMISSION A) Commissioner Sheridan — No report. B) Commissioner Pagliaro — No report. C) Commissioner Trinley — No report. D) Vice Mayor Zwick — Welcome the comment by Mr. Joseph Yucht concerning the trees on Milani Park. I understand that Royal Palm Trees have a very shallow root system. It seemed very odd to place these trees that are highly susceptible near high winds with a shallow root system on AIA at the beginning of hurricane season. I am sure that the County has an agreement to replace the trees should anything occur during hurricane season. They do make a lovely approach as you enter the southern part of Town. Comm. Pa Ig iaro — The braces on the newly installed Royal Palms will probably remain through the hurricane season. Town Commission Workshop Minutes _June 28, 2011 Page 7 of 9 E) Mayor Featherman — Review and Discussion of Resident Survey Mayor Featherman asked Commissioner Pagliaro to read aloud the questions on the survey to the public. Comm. Trinley — When will this survey be distributed and who will receive it? Mayor Featherman — In the October issue of the Highlander, to all the residents in Town. Comm. Trinley requested that the following question be placed on the survey: Would the residents like to see a Municipal Special Tax Unit (MSTU) District for beach cleaning services be placed on the March election for referendum? By consensus, the Commission agreed to insert the suggestion and present the final resident survey before the Commission prior to distribution. Mayor Featherman thanked Valerie Oakes, Deputy Town Clerk, for sending out the Board Orientation Survey to all of the Town's board members. Mayor Featherman asked that the Commission consider a three-year strategic plan to be adjusted annually. We have not had this plan in the past and it gives us a road map to follow. Would like some indication that the Commission would consider a three-year strategic plan. Vice Mayor Zwick — Would like to see this assignment given to the Planning Board because essentially this is where there duties lay. The Board can present and discuss their conclusions to the Town Commission. Mayor Featherman — Would like the Town Commissioners to give their input. In addition, would like a report from each board. By consensus, the Board agreed to give the assignment of the three-year strategic plan to the Planning Board to then report back to the Town Commission. 9. REPORTS — TOWN ATTORNEY Town Attorney Sliney reported that the legislative session has closed. Normally the League of Cities distributes a compendium of laws of interest to the municipalities that have passed. In due course, will review some of laws with the Commission to explain what the legislature has done. 10. REPORTS — TOWN MANAGER Town Manager Weiser reported the following: 1) The trees at Milani Park are beautiful. I have been instructed that during the first month, the trees go into shock, should the trees die the contractor will replace the trees; 2) A couple months ago, there was a request to install a sign on Spanish River Blvd. just over the bridge directing that the Town is to the left. The sign has been approved, ordered and should be installed in the next 30 days; 3) The Commission passed the early Retirement Program and Joe Sterlicchi, Water Plant Superintendent, has taken the offer and will retire this year; and 4) The Police Department received a call yesterday that an 83 year old woman was sitting on ledge of a 10t' story building. Our department was called in and Police Town Commission Workshop Minutes June 28 2011 Page 8 of 9 Chief Hartmann was the lead negotiator because he has a background in hostage and crisis negotiations. He was able to talk the woman back inside. We are very proud of our Police Department and especially our Chief for what they have accomplished this week.. 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Carl Feldman — 3210 S. Ocean Blvd. On the matter of the Interlocal Cooperation Agreement, if we do/don't join it will help them receive money that would normally go to Tallahassee. How many other communities are they soliciting to join the group that does not need this money? Is this hurting the people that need the money that are not receiving it? Are we committing a fraud? Is this being fair? I do not know much about this group. Comm. Pa liaro — We are talking about helping the County keep the money in the County. If there is any question that there may be fraud, then I ask the Town Attorney to inform us. Atty. Sliney — Mr. Feldman made good points. I do not think there is fraud. You may have reservations on approving this agreement for other reasons, if so, you do not have to adopt the agreement. I do not know how I will find out how other municipalities are doing this. I do not think we are doing anything wrong. There are certain things that PBC offers and resident of Highland Beach could benefit from those programs. Mayor Featherman — This is requested by HUD and I do not know if we fall under that category since we do not have low income housing in Town. In the past, the agreement was voted down. Vice Mayor Zwick — Approximately seven years ago, the Commission voted against the agreement because there were large tracts of land available. We could be responsive and call on the Emergency Shelter Program as that would benefit the Town. Since we do not have large tracts available, I would vote in favor of the agreement. Comm. Pa lg iaro — Can we ask the Town Manager to pursue this and alleviate any concerns present? Comm. Trinley — Would Steven Abrams, PBC Commissioner, be able to speak to the legitimacy of this agreement? Vice Mayor Zwick — That would be an excellent suggestion. Mayor Featherman — He will be here at the next regular meeting, we can ask at that time. Town Attu. Slily — The Commission is under no obligation to approve the agreement at the next meeting. A number of good points have been raised. Manager Weiser — The County is under a timeframe. Some of their programs that they would use our numbers for, our residents would benefit. For example their Home Investment Partnership Program, if somebody needed help for housing or looking for different ways to get a mortgage. The Emergency Shelter Grant receives money based on the numbers from each municipality. It is available countywide, which is why the County asks us to participate. Town Commission Workshop Minutes June 28 2011 Paize 9 of 9 Mayor Featherman — What is the median household income? Manager Weiser — $100,000.00. These programs are not necessarily based on income; some are based on age and ailments. I will receive more information and place it on the next agenda. The Commission is not obligated in any way to adopt this agreement. Joe Canazzaro — Bel Air Dr. Same concerns regarding the Interlocal Agreement. Should we even participate in low income housing? Should we eliminate these funds being provided to another area that needs these funds more than we do? I question the philosophy. I question the purpose. What is the purpose of the resident survey? Mayor Featherman — We want the people to give us feedback on our services. We want to hear from the residents on suggestions in areas where we can improve. We want to look ahead for Highland Beach to make it better than it is now. Mr. Canazzaro — It is a great idea. The strategic plan is also a great idea. I have done them in the past. Keep in mind that when you do a plan like this, it is not to do the plan, finish the plan, and to put it in someone's desktop drawer and forget about it. It should be a dynamic plan that is incorporated into the overall operations of the Town. My recommendation would be to update it annually as it ties into the budgeting process. Linda Albertson — Member, Beaches & Shores Advisory Board Would we be able to include one item on the survey regarding the MSTU? Reply — Yes, put it in writing. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 2:40 PM upon a MOTION by Vice Mayor Zwick and seconded by Commissioner Pa lg iaro. APPROVED: BernFeatherman, Mayor Th Dor' Trinley, C oo sinner "", Dennis J. She an, Commissioner ATTES . everly 1Vr Brown, MMC Date