2012.03.02_FAB_Minutes_RegularTOWN OF HIGHLAND BEACH
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MINUTES OF THE
�'y '• FINANCIAL ADVISORY BOARD
REGULAR MEETING
Friday, March 02, 2012 9.07 AM
Members Present: Chair Gerald Gitner, Board Member Ronald Brooks, Board Member
David Buchsbaum, Board Member Bruce Giacoma, and Board Member William Gross.
Also Attending: Mayor Bernard Featherman, Acting Finance Director Curtis Curtis,
Deputy Town Clerk Valerie Oakes and a member of the public.
CALL TO ORDER:
Chair Gitner called the Regular Meeting to order at 9:07 a.m. followed by a roll call taken
by the Deputy Town Clerk.
ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Chair Gitner called for any additions, deletions to the agenda, hearing none, the agenda
was accepted as presented.
PUBLIC COMMENTS AND REOUESTS:
Carl Feldman — 3210 S. Ocean Blvd.
It is great that the meeting has moved to an official setting. The nicest thing is that the
Town can hear what is going on. For a year, I have been pushing to re-establish this
board. The Commission will be authorizing the proposed sale of the lands in Boca
Raton. Chair Gitner had mentioned purchasing a new fire truck. I understand it is a
referendum issue. I hope that this Board can come up with ideas to fund a new fire truck.
There will be modifications to the Town Hall, which might cost up to a million dollars,
but the safety of the town residents is very important. Last time around, the residents did
not know how we would fund the fire truck, so they were scared into not buying it. If the
meetings could be televised in the future, it would be a great thing.
PRESENTATIONS:
• Welcome new Board Member David Buchsbaum
Chair Gitner welcomed David Buchsbaum to the Board, and asked that he introduce
himself. Member Buchsbaum has been a resident of Highland Beach for 15 years, has
earned a business degree (University of Richmond) and a law degree from the University
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Friday, March 02, 2012 Pate 2 of 8
of Miami School of Law. Member Buchsbaum is familiar with public securities since
most of his life he was a public securities analyst, hedge fund manager and handled
private equity.
APPROVAL OF MINUTES:
• January 26, 2012 — Regular
Chair Gitner called for a motion to approve the minutes of January 26, 2012, Regular
Meeting.
MOTION: Member Giacoma moved to approve the minutes of January 26, 2012,
Regular Meeting. Member Gross seconded the motion, which passed unanimously.
OLD BUSINESS:
A) General Discussion of Financial Topics Follow -Up
Sale of Surplus Propertj/ se of the Sale Proceeds (Resolution 755)
Director Curtis reported that the Commission was given the Board's recommendation to
reopen discussions on the sale of the surplus property. The recommendation was that
consideration be given to the retention of the services of a reputable commercial realtor to
assist the Town with regard to analyzing the implications of the disposition by lease, sale
or other means of the surplus parcels. The Commission received the memorandum last
Tuesday, and tentatively approved placing this item on the Consent Agenda for the
March 6t` meeting for their official vote and approval. The next step is for staff to
prepare a request for qualifications.
Chair Gitner questioned if Director Curtis or the Town Attorney had an opportunity to
review Resolution #755 regarding the use of proceeds. Director Curtis explained that it is
currently under review by the Town Attorney, who is researching the legal and moral
covenants, if any, that may determine the use of the proceeds.
Member Buchsbaum asked if the decision was definitive to sell the parcels, and if it was
the desire of the Town. Director Curtis responded that that the Town would only retain
an entity with the professional experience to analyze, provide ideas, market and close a
deal. The decision to sell the property has not been made.
Water Rates Review
Director Curtis reported that he met with Ronald Brown, President of the Bel Lido
Homeowner's Association, to discuss the Board's findings of the water rate structure.
Mr. Brown left the meeting with a better understanding of the rate structure, and Mr.
Brown will report to the Bel Lido Association that the Board's consensus is that the water
rate structure is appropriate.
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Friday, March 02, 2012 Page 3 of 8
Preparation for the 2012-2013 Annual Budget Process
Director Curtis explained that in March, a tentative budget calendar/schedule will be
distributed to the Commission and department heads to facilitate the budget process. The
first budget meeting for staff is conducted in early May. At this meeting, the Manager
and Finance Director will set the tone and expectations for budget requests for the
upcoming year. The Financial Advisory Board discussed its potential involvement in the
budget process.
Chair Gitner indicated that that the Commission and Manager needed to be involved, so
as to determine what kind of assistance, if any, could the Board provide. Director Curtis
suggested that he present the first draft of the budget to the Board prior to its distribution
the week of July 6t'. Chair Gitner requested that the Finance Director provide suggested
meeting dates by the next regular board meeting.
By consensus, the Board agreed to be involved in the budget review process in a
manner to be determined at a future Board meeting.
Update on the FY2011 AnnualAudit
Director Curtis reported that the fieldwork for the annual audit was completed three
weeks ago. A set of the draft financials report should be delivered to the Town in a week
or so.
Chair Gitner inquired what has been the past practice; do the Commissioners sit with the
auditor; does the Commission accept the audit; and who acts as the "audit committee".
Director Curtis explained that the former board would review, accept, reject or ask
questions of the auditor. The auditor gives a formal presentation at a Town Commission
meeting. The Commission typically accepts/approves the audit; however, it is not a
report that cannot be accepted since it is the auditor's findings.
Member Gross asked if the Board would be meeting with the auditors prior to the
presentation before the Commission. Chair Gitner added he would be willing to meet
with the auditors, not as a substitute Audit Committee, but strictly in the role of an
advisory board. The role equivalent to that of an Audit Committee is the Commission's
responsibility. If the Commission wants the FAB to be a sounding board, we will do so,
the FAB will not accept/reject the audit — only listen.
Member Giacoma thought it would be healthy to allow the Board to be a testing ground
to discuss this beforehand. It would be more comfortable if the Board reviewed the audit
report prior to its approval. Chair Gitner agreed and stressed that the Board does not
accept or reject the report; the Board will only act as a sounding board.
B) Review Proposed Revisions to the Town's Investment Policy
Director Curtis and Member Giacoma reviewed the Investment Policy and have the
following recommended revisions for the Board to consider:
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Friday, March 02, 2012 Page 4 of 8
1. Allow all U.S. Government -backed securities to be excluded from the
requirement that investments be limited to a specific issuer to avoid over
concentration.
2. Lower the minimum amount to be continuously invested in readily available
funds (money market funds) from 50% to 35% of the portfolio.
3. Extend maximum maturities from one (1) to three (3) years.
Director Curtis explained that the Board should note that these proposed policy revisions
would not trigger any immediate changes to the current composition of the investment
portfolio. The proposed changes provide the flexibility needed when, and if, an
appropriate investment opportunity is presented while allowing the Town to position
itself to take advantage of any significant change in the yields available for its surplus
cash. Member Giacoma added that an instrument that has the full faith and backing of
the U.S. Government has the gold seal of approval by world standards. The broader
scope is wiser. At this point, it would be a detriment to extend maturities.
Chair Gitner suggested that the Board review this policy annually, which should be
included in the request to the Commission. He suggested that perhaps Member Giacoma
would be interested in continuing to be a one -person sounding board for Director Curtis
on the topic of investments. Member Giacoma was delighted to acquiesce.
Member Gross asked if 35% of the portfolio in money market funds is to cover the
several months that there might be a shortfall. Member Giacoma responded that the
money market funds could actually be going out of business. Interest rates have stayed
so low, so flat for so long that money market funds cannot make money. There is a
chance of seeing an increase in the yield curve.
Director Curtis recommended taking a closer look at how the 35% ties in with the Fund
Balance Policy. The budget stabilization fund, which stays at 16.67% of the Town's
general fund, is for operating expenditures to be fully funded. For the 35%, he would
like a notwithstanding threshold, where the money market accounts will have 16.7%.
The proposed language reads "rather than at least 35% of the portfolio" suggested
modifying the language to "the greater of 16.67% of the then in effect general fund
budget or 35% of the portfolio".
MOTION: Member Giacoma moved to make a recommendation to the Town
Commission to approve the proposed changes to the Investment Policy as amended.
Member Gross seconded the motion, which passed unanimously.
C) Develop Strategies to Preserve the Fund Balance
Director Curtis indicated that at the previous board meeting, he was tasked with
surveying other municipalities to gain a better understanding of their minimum and
maximum unassigned fund balance thresholds. The percentages reported are in relation
to the organization's annual operating expenditures for their General Fund.
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Friday, March 02, 2012 Page 5 of 8
The Board should note that at the close of the fiscal year 2011, the Town had the
following levels of fund balance as compared to the annual operating budget of the
General Fund:
Fund Balance
Amount
Of Annual GF
Of Total Fund
Designation
Budget
Balance
Assigned (Budget
$1,786,281
17%
30%
Stabilization
Assigned (Disaster
$300,000
3%
5%
Recovery)
Unassigned
$3,962,573
37%
65%
(Unrestricted)
Total
$6,048,824
57%
100%
This topic originated because the reserve is being depleted at a rate of approximately
$700,000 to $1,000,000 a year. If the Town continues down this path, in a few years the
account will be at zero. The Board wanted Director Curtis to research other agency's
funding thresholds to see if the Town is inline with other organizations. Director Curtis
found that that the Town is more conservative than the other agencies.
Member Buchsbaum inquired if the Commission has given an indication that they are
comfortable with the continued use of the reserves, or should the Advisory Board be
concerned as the long-term fiscal health of the Town potentially is being undermined.
Director Curtis responded that he had not received a formal indication; however, thought
that the Commission is not comfortable with the current situation.
Member Brooks suggested appointing a board member to research how to offset the
deficit of $700,000.
Chair Gitner added that the Town has $6,000,000 in reserves but the amount that should
be in the reserves in unknown. The excess cash earns virtually no interest, so the best use
of cash may be to accelerate capital projects through a rigorous approach. A suggestion
was to ask the Town Manager and Finance Director to provide examples of capital
projects. Furthermore, the Board should have a dialogue as to whether the Town should
consider instituting a procedure for any item over and above $5,000 to $10,000 as a
special "capital budget" process. Director Curtis made clear that throughout the annual
budget process, the department heads make their recommendation(s)/request(s) for
capital improvement items to the Town Manager and Finance Director for their review.
Member Giacoma expressed that the capital idea is clever; however, it is still a depletion
of cash. The concern is if something does not change then the Town deplete its cash
reserve. The Board needs to find a way to restructure the way business is performed
whether it is through taxes or a decrease of spending.
Chair Gitner recommended that the Commission decide what should be the minimum
amount in reserves. Member Giacoma stated that the Board would have a better
opportunity to suggest a proposal.
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Friday, March 02, 2012 Page 6 of 8
Director Curtis explained that the Town has a Fund Balance Policy. If the Town were
below the 17% requirement, the Commission would need to take action to increase the
level of cash in the coffer to remain in compliance with this policy. Questioned if a
secondary stabilization should be established.
Member Brooks expressed that the Town needs to find additional sources of funds or
reduce the spending besides selling the properties in Boca Raton and taxation.
Member Giacoma advocated to being fiscally responsible by holding off on capital
improvement projects.
Member Gross thought that a safety net would be to gradually raise taxes over the next
five years.
NEW BUSINESS:
A) Discussion on the Water Plant and Sewer System
- Public Works Director Jack Lee
Public Works Director Lee explained that the Water Treatment RO Plant was completed
and built in 2004 and will meet any known future regulations of the Department of
Environmental Protection Agency. The Plant was expanded in 2007 to produce a
maximum of three million gallons of water per day; the current average use is 1.4 million
gallons. The water comes from the Florida Aquifer, which is brackish, very clear, and
with no organisms. Since there are gases, chemicals are added to bring back the
alkalinity. Capital improvement projects will not be needed for the next 10 years.
However, there are routine maintenance budget requests every year that are submitted.
The Sewer System has been upgraded throughout the last 15 years. The Town has five
lift stations, and the sewer is pumped to Delray Beach then dumped. All lift stations were
completely rehabbed. In 10-15 years, the 14-inch water main on the west side of A I A
might need to be replaced; it is approximately 42 years old. Engineers have said that the
life expectancy of the pipe is 60 to 70 years. In the next three years, the air conditioning
units in the water plant will need to be replaced, which will cost approximately $50,000
each.
Chair Gitner questioned if there were any other areas besides water and sewer that may
need to be replaced in the next five years. Director Lee mentioned that the walk path is
deteriorating. It will cost $400,000 to $1,000,000 re -mill and resurface with asphalt or
pour concrete.
Director Lee gave a brief history of the parcels in Boca Raton. In 2006, three appraisals
were received and an offer was made for $8,500,000 to purchase the well field. Large
firms wanted to acquire the property; however, it was requested that the Town petition
for rezoning to the City of Boca Raton prior to the sale. The appraised value of the water
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Friday, March 02, 2012 Page 7 of 8
treatment site on AlA was $2,000,000, which is zoned for multi -use residential (nine
units per acre).
Chair Gitner asked if the Town pays for maintenance of the property. Director Lee
responded that there are no issues with the well field site but there has never been an
environmental assessment. The wells are filled with concrete, so the property is ready to
build if the developer can obtain the proper zoning. The old water plant is fenced with
barbwire. There has been graffiti on the building; therefore, the need for the Town to
paint.
Chair Gitner questioned if the Town's liability insurance covers injuries of trespassers.
Director Lee confirmed the coverage.
Member Gross inquired if there were any particular offers on the commercial parcel.
Director Lee informed the Board that Joel Plat was very aggressive and interested,
however, due to the economy Mr. Plat has not contacted the Town since.
Member Giacoma questioned if Delray Beach is able to meet our needs on an ongoing
basis. Director Lee responded that Delray Beach charges a fair amount for treatment.
The Town does not have the property available to build a treatment plant; furthermore,
there would be an odor from the plant. The system is designed to pump towards Delray
Beach; it would be a lot of work to reverse the design. Delray Beach is excellent to work
with. There is a 30-year bulk water agreement to purchase up to two million gallons of
water in cases of emergency.
Chair Gitner referred to the environmental assessment as to whether Florida Law requires
the report from the sale of parcels, and if so, who is responsible for obtaining the
information. The suggestion is to research the ramifications of any residual responsibility
for environmental contamination after the sale of the property. Director Lee explained
that the report is state mandated, but the Town could require the purchaser to obtain the
assessment. A request was sent to the former town manager to demolish the site to make
it aesthetically pleasing and eliminate future vandalism; the cost would be approximately
$100,000.
Monthly Financial Report
Chair Gitner suggested the Board consider discussing including a one or two page
narrative with a table to show the exceptions along with an explanation from each
department head. Member Giacoma concurs.
Member Brooks asked who reviews the annual input from various departments for
monetary requirements. Director Curtis replied that the Town Manager and he review,
critique, and then recommend the requests to the Town Commission.
Member Giacoma suggested that the Board be included in the process as another frame of
reference. Director Curtis explained that the Board could make such a request to the
Town Commission.
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Friday, March 02, 2012 Paize 8 of 8
Chair Gitner asked if Member Brooks would be willing to work with Director Curtis on
this issue. Member Brooks agreed.
ADJOURNMENT:
Deputy Town Clerk Oakes announced that the next regular meeting is on Friday, March
23, 2012 at 9:00 a.m. The Deputy Town Clerk questioned if the Board would like to
meet in the Town Hall Conference Room or the Commission Chambers.
By consensus, the Board agreed to meet in the Conference Room; unless additional
space is needed, then the meeting will be moved to the Commission Chambers.
There being no further business, Chair Gitner called for a motion to adjourn the meeting
at 10:13 a.m.
MOTION: Member Giacoma moved to adjourn the meeting at 10:13 AM. Member
Brooks seconded the motion, which passed unanimously.
APPROVED:
Gerald Gitner, Chair
Ronald Brooks, Board Member
TOWN SEAL "' (-
David Buchsbaum, Board Member
Valerie Oakes, CMC
Deputy Town Clerk
Date: 3�) lea