2012.04.24_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION
WORKSHOP MEETING
Tuesday, April 24, 2012 1.30 PM
Mayor Bernard Featherman called the Workshop Meeting to order in the Commission Chambers at
1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner
Doris M. Trinley; Commissioner Dennis J. Sheridan; and Commissioner Louis P. Stern. Also present:
Town Attorney Glen Torcivia; Town Manager Kathleen D. Weiser; Deputy Town Clerk Valerie
Oakes; Police Chief Craig Hartmann; Acting Finance Director Cale Curtis; Public Works Director
Jack Lee; Library Director Mari Suarez; Assistant to the Town Manager Zoie Burgess; and members
of the public.
Pledge of Allegiance: The Pledge of Allegiance was given, followed by a moment of silence.
Civility Pledge: The Civility Pledge was recited by the Deputy Town Clerk.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Mayor Featherman called for any additions or deletions. Receiving none, the agenda was accepted
as submitted.
2. PUBLIC COMMENTS AND REQUESTS:
Carol Stern — 1115 Russell Drive
Requested to create an original calendar for the Town of Highland Beach, which would include
holidays, meeting dates and department's information. Additionally, photographs of original art
from the townspeople would be incorporated. Anyone in the Town, including members of the
Planning Board, could volunteer to assist with this project. The prices for 1,000 prints would cost
the Town $2.50/each, at which time; the Town could sell the calendars for $12.50 - $15.00. The
money generated could be used for projects such as beach cleaning, Light Up the Holidays, or any
other ideas. Since there would be a time restraint because it would be a 2013 calendar, she
requested approval to place this item in the Highlander.
Mayor Featherman noted for the record that Town Attorney Torcivia arrived.
Town Commission Workshop Meeting
Tuesday, April 24, 2012 PaLye 2 of 10
3. PRESENTATIONS
A) Presentation on the 2011 Audit and Comprehensive Annual Financial Report Ron
Bennett of Nowlen, Holt & Miner, P.A.
Ron Bennett, Shareholder of Nowlen Holt & Miner P.A. — On behalf of the firm, thanked
the Commission for allowing them to serve as the auditors. Thanked management and staff
for their courtesy and cooperation extended in the performance of the audit, which made it a
pleasant endeavor. The role of auditors in the financial reporting process is to render an
opinion on the financial statements based upon the audit. Since this is a governmental audit,
there is more than one opinion. Our firm has expressed a clean -opinion, which concludes
that the financial statements are fairly stated in conformance with general accepted
accounting principles. Internal Control Audit — As we do not render an opinion, the audit
was conducted with nothing to report because there were no weaknesses or shortcomings
found. For the fiscal year 2011, the Town expended more than $500k in federal funds, so
there was a single audit on grant funds in accordance with the Federal Single Audit Act — no
findings to report. A management letter that is mandated by the State of Florida is provided
as the last page of the report, which includes the requirements of the Auditor General.
Reviewed the financial highlights as such: 1) Revenues — Declined 6.5% in the past year
mainly due to a reduction of ad valorem taxes, which was a total decline of $675,369.00; 2)
Expenditures — Increased by $174,858.00 (approximately 2.1 %) almost all due to an increase
in public safety; 3) General Fund Unassigned Fund Balance — The Governmental
Accounting Standards Board issued a new policy which governs the fund balance; the Town
adopted this policy in 2011. The reason for the decline in the unassigned fund balance is
partly due to the adoption of the new policy that the Town decided to have mandatory
reserves not less than 16.7% of the general fund expenditures plus transfers out. The Town
has voluntarily decided to take their unassigned fund balance and set it aside for a "rainy
day"; and 4) Water & Sewer Operations — There are two funds that are integrated. The
expenses supersede the revenues and there is an operating loss every year. The Town has
decided to not have revenues in excess of depreciation (depreciation is a non -cash expense).
The Town has elected to cover those shortfalls with a transfer from the general fund. There
was a transfer of approximately 1.3 million dollars from the general fund to the water fund.
Mayor Featherman asked if the Commission had any questions, hearing none, thanked Mr. Bennett
for his presentation.
4. BOARDS AND COMMITTEES
A) Board Correspondence:
• None
B) Board Action Report:
• No Report
C) Board Vacancies:
0 Board of Adjustment & Appeals — Two Appointments
Town Commission Workshop Meeting
Tuesday, April 24, 2012 Paae 3 of 10
Interview — Talent Bank Application
Barry Donaldson — 2700 S. Ocean Blvd.
Mr. Donaldson — The primary interest in serving the board is to be a public servant. Has
resided in Toscana North with his wife for nine years and enjoys Highland Beach.
Background begins with an advocacy group in Lexington, Kentucky. Served as a special
consultant to a Commissioner of Housing and Community Development. Pursued
registration as an Architect, and has been in business in Florida since 1981.
Commissioner Sheridan — The qualifications were excellent, and noted that the Talent
Bank Application states the applicant must be a full-time resident of the Town. Are you
a full-time resident? Mr. Donaldson — Yes, a legal resident.
Commissioner Trinley — How would you attend meetings when you are out of town?
Mr. Donaldson — My business is local. During the summer, I spend time away, however,
I have to return for business.
Vice Mayor Brown — If there were 12 meetings per year, would you be able to attend all
the meetings? Mr. Donaldson — Yes.
By consensus, the Commission agreed to place the appointment of Barry Donaldson
on the May 1, 2012 Consent Agenda.
• Code Enforcement Board — One Appointment
D) Monthly Board Meetings
• Beaches & Shores Advisory Board — May 8th — 9:30 AM
• Planning Board — May 91h — 9:30 AM
• Bd. of Adjustment — May 15th — 9:30 — If needed
• Code Enforcement Board — May IOth — 9:30 AM
5. PROPOSED ORDINANCES AND RESOLUTIONS
A) ORDINANCE NO. 12-001 O — Second Reading at May 1, 2012 Meeting
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, AMENDING CODE OF ORDINANCES, SECTION 2-46 TO
EXEMPT MEMBERS OF THE CHARTER REVIEW BOARD AND OF ANY
OTHER STATUTORY BOARD HAVING ONLY ADVISORY POWERS FROM THE
DEFINITION OF "OFFICER" FOR PURPOSES OF THE PROHIBITION AGAINST
DUAL OFFICE HOLDING; PROVIDING FOR SEVERABILITY AND CONFLICTS;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
Deputy Town Clerk Oakes read Ordinance No. 12-001 O, title only, into the record.
Town Commission Workshop Meeting
Tuesday, April 24, 2012 Page 4 of 10
Mayor Featherman — Under Robert's Rules of Order prior appointments should be
withdrawn until the Ordinance has passed. Attorney Torcivia — The Ordinance would be
passed prior to the Charter Review Board's first meeting; therefore, the prior appointments
do not need to be withdrawn.
6. NEW BUSINESS
A) Consideration of Declaring Certain Library Books Surplus
Town Manager Weiser — Staff is requesting consensus from the Commission to declare 192
mystery books as surplus. Comm. Stern agreed. Comm. Trinlev — What would happen to
the books once they are declared surplus? Library Director Mari Suarez — The books are
donated to Boca Helping Hands, unless the book is in poor condition, and then it is recycled.
Consensus was to include the consideration of declaring certain Library books surplus
on the May 1, 2012 Consent Agenda.
B) Consideration of Recommended Revisions to the Town's Investment Policy
Acting Finance Director Curtis — The Financial Advisory Board (FAB) undertook a review
of the financial policies of the Town to ensure they are up-to-date, efficient, and effective.
At their March 2, 2012 meeting, the FAB concluded their review of the Town's Investment
Policy and has offered the following recommended changes and additions for the Town
Commission to consider:
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. Change the minimum amount to be continuously invested in readily available funds
(i.e. money market funds) to the greater of (i) 16.67 % of the annual budget then in
effect or (ii) 35% of the total portfolio.
3. Extend maximum maturities from one (1) to three (3) years.
4. Use a "laddered" portfolio approach so as to ensure, to the extent practicable, ready
access to Town funds.
5. All investments must have the capacity of being liquefied on short notice.
Furthermore, after a management review of the policy, it is recommended that the Town
Commission eliminate the requirement of the investment officer (Finance Director) to submit
an annual report to the Town Commission outlining his/her annual training on investing.
The investment officer (Finance Director) participates in various investment seminars and
training events throughout the year; however, the practice of issuing an annual report to the
Commission on said training has not ever been followed. The Town Manager reviews,
monitors and approves all training of the investment officer and other management staff.
Town Commission Workshop Meeting
Tuesday, April 24, 2012 Page 5 of 10
The Commission should note that these proposed policy revisions would not trigger any
immediate changes to the current composition of the investment portfolio, which is entirely
money market funds. 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.
Comm. Sheridan — Are you comfortable with these recommendations? Director Curtis —
Yes.
Vice Mayor Brown — Our current Investment Policy is safety, liquidity and yield, correct?
Director Curtis — Yes. Vice Mayor Brown — Some of these recommendations conflict with
the current policy. What is the advantage from a one-year investment to a three-year
investment and still staying safety and liquidity? Dir. Curtis — It would shorten our liquid
cash; however, that investment would be tied to a future need. The investment would be
timed to mature when the funds are needed.
Vice Mayor Brown — Who asked for this? Dir. Curtis — I brought all financial policies before
the FAB for review.
Vice Mayor Brown — What is "liquefied on short notice"? Dir. Curtis — Short notice on our
request where cash could be liquefied. There could be early withdrawal penalties. Vice
Mayor Brown — There is not a definition for short notice, who decides? Dir. Curtis — The
policy can be revised to include a definition for short notice to be "liquefied upon the request
of the Finance Director/Town Manager".
Vice Mayor Brown — I am still questioning extending the maximum maturities from one-year
to three -years. Dir. Curtis — There would be significant planning on any investment. We
would not put all of our surplus cash in one maturity. We would use a live approach from
investments as they come due. We would have the majority in overnight money market
accounts where the money is readily available.
Vice Mayor Brown — We have lowered the amount, in effect, increased the amount we can
invest. Dir. Curtis — Would the Commission feel comfortable leaving it at the current 50%
of the portfolio? It is only to give us more flexibility. This is not the time to extend
maturities. It is a matter of preparing ourselves for the "good times" to come.
Vice Mayor Brown — Would like a definition for "short notice", and would like to keep the
minimum amount to be continuously invested in readily available funds at 50% of the total
portfolio. Comm. Trinley — I think we should give thought to Vice Mayor Brown's concerns
rather than placing the item on the Consent Agenda. Mayor Featherman — Concurs.
Consensus was to include the two revisions on the Investment Policy and place the item
on the May 1, 2012 under Miscellaneous Items Left Over.
Town Commission Workshop Meeting
Tuesday, April 24, 2012 Paue 6 of 10
C) Discussion of the Proposed 2012 Strategic Plan
Town Manager Weiser — The three-year Strategic Plan was assigned to the Planning Board in
2011. The Planning Board met with all advisory boards, residents and reviewed the results
of the Town survey. The Board narrowed its suggestions to a few goals of high priority.
The Commission reviewed and discussed each item on the Strategic Plan and determined the
following:
High Priority Objectives:
a. Renovate existing Town Hall — PD & Chambers
b. Continue to work with FDOT and outside agencies to address a highway plan to
improve safety for motorists, pedestrians and bicyclists.
c. Improve Town's entryway signage
d. Address use of reserves to balance budget
c. Repair and repave the Town walking path and provide water- and eevefed resting
steP`r
Low Priority Objective:
a. Investigate establishing
e 0 ensee a joint: effort with other municipalities to oversee waterway concerns.
b. Evaluation selling Boca Parcels
Goals Removed:
Cultural Value
Review need for expansion of Library.
Continue to support cultural events.
Administration
Review automated pay -by phone systems.
Improve operations of Building Department through automation and increase
Building Department revenues.
Consensus was to make such revisions to the plan and present the plan at the May 1,
2012 under Miscellaneous Items Left Over.
7. MISCELLANEOUS — ITEMS LEFT OVER
A) Nomination of Mayor Featherman's Replacement Appointment to Charter Review
Board
Mayor Featherman announced his replacement appointment, Eugene Engelhardt.
Town Commission Workshop Meeting
Tuesday, April 24, 2012 Page 7 of 10
Mr. Eugene En elg hardt — Has lived in Toscana for 12 years as a permanent resident.
Worked for DuPont and began as a chemical engineer starting in research. He holds a
Master Degree in Engineering.
Comm. Stern — Are you on Toscana's Board of Directors? Mr. Engelhardt — I was on the
board as President and held almost every office within the past 7 years.
Consensus was to include Mayor Featherman's replacement, Eugene Engelhardt,
appointment to the Charter Review Board on the May 1, 2012 Consent Agenda.
B) Minutes
March 21, 2012 — Special Meeting
March 27, 2012 — Workshop Meeting
April 3, 2012 — Regular Meeting
No corrections received from the Commission, minutes to be included on the May 1, 2012
Consent Agenda.
8. REPORTS — TOWN COMMISSION
A) Commissioner Stern — Attended the most recent Code Enforcement Board meeting.
Captain Tabeek, Delray Beach Fire Rescue, gave a wonderful speech as to the fire safety of
the condominiums, how they have upgraded their alarms, and that fire drills are not
mandated. They did a great job!
B) Commissioner Sheridan — Thanked and commended Ronnie Svenstrup and the Beach
Clean -Up Committee. Yesterday about 15 volunteers walked the entire length of the beach
filling about 12 large black bags with debris. Thanked the volunteers for cleaning the beach
as they did a wonderful job. Regarding an update on the ambulance, as of 1:00 p.m. this
afternoon the ambulance is back in our house. The repairs have been completed for a lot less
than what was anticipated.
C) Commissioner Trinley — Commended the Building Department and Police Department on
their monthly reports. Congratulations to Cale Curtis on completing the comprehensive
annual financial report and the Delray Beach Fire Rescue Department for their
comprehensive report.
D) Vice Mayor Brown — Concurs with Commissioner Sheridan. The Beaches & Shores
Advisory Board did a great job. Would like the Financial Advisory Board to start
researching ways to finance the items on the Strategic Plan besides stating that taxes need to
be raised. Has watched several workshop meetings throughout the county. Can the
Commission dress down for the workshop meetings? Comm. Tdpley — Most of Florida has
gone to casual it is nice to see us appropriately dressed for the business conducted at the dais.
Town Commission Workshop Meeting
Tuesday, April 24, 2012 Pate 8 of 10
E) Mayor Featherman
• Bicyclists
Since the signs about biking have been placed on the AIA North and South entrances to
Highland Beach, there appears to have been real improvement in the interactions among
bikers, pedestrians and drivers. I want to thank our Town Manager and our Police Chief for
making this happen. Some residents still say that many bikers do not stop to allow
pedestrians to cross AIA to go to the beach. This is mainly a problem on the weekends
when there are many bikers on the road together. I am sympathetic to the needs and
concerns of bikers. I used to bike a lot, and headed a bike club. Just two years ago, one of
my cousins was killed when a car ran into him as he was biking. We need to protect bikers,
but we also need to protect our residents, which many are older and often need extra time to
cross the road. We need to be sure that bikers give them the courtesy to allow them to cross
safely.
9. REPORTS — TOWN ATTORNEY
No Report.
10. REPORTS — TOWN MANAGER
A) Palm Beach County League of Cities Annual Installation Gala — Friday, May 25, 2012
Consensus of the Commission was to reserve a table for the Installation Gala.
Town Manager Weiser reported the following: a) effective May 30th channel 95 and 96
programming will be moving to Comcast channel 99; b) arborists have said that the white flies are
not leaving; there is additional information on the Town's website; c) the waterline break that
impacted Tranquility Drive has been repaired. The residents of Tranquility Drive are currently on
a "boil water" notice for the next 48 hours. Code Red Emergency Notification System was used
for the first time and worked impeccabI ; and d) waste collection: Saturday pick-up for multi-
family condominiums will end May 12t . The weekly service on Mondays and Thursdays will
remain. The extended service will resume in November.
Town Manager Weiser asked if there is a consensus of the Commission to support the initiative to
create a Town calendar; furthermore, the Town would have to upfront the cost associated with this
project.
By consensus, the Commission agreed to support the initiative to create a Town calendar.
11. CONSENT AGENDA
None.
Town Commission Workshop Meeting
Tuesday, April 24, 2012 Page 9 of 10
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Carl Feldman — 3210 S. Ocean Blvd.
As it has been mentioned, many times, the FAB is now becoming one of the most important
boards in this Town. We have so much going before them. I have been privileged to attend every
meeting as a visitor, and the only thing happening now is we are running out of space. The FAB is
meeting in the small conference room at Town Hall. At the last meeting, there were five visitors,
the Town Manager could not make it, but she will be at the next meeting, so we could have six or
seven. We do not have room for them. Could we have the FAB meet in the Chambers because it
would be more comfortable, and it could be broadcast and video recorded? It is becoming an
important board. We are putting a lot on this board and the residents should be able to view the
meeting online. The only way this could happen is if the Commission would ask the Board to hold
their meetings in the Chambers.
Jim Jiovanazzo — 3700 S. Ocean Blvd.
I have been walking the street of A I A for 12 years. I do not know if we necessarily need roof top
resting areas, but it would be nice to have more sitting benches. I believe that we had more
benches that were spread throughout the Town. I would suggest that the Town add a half dozen
and space them properly. I have noticed that the seniors need to stop and take a rest, so it would
be nice to have a bench every quarter -of -a -mile. In addition, the palm trees are in horrible
condition; the leaves are dry.
Mike Ferrara — Boca Hi
I have been a resident for 30 years and this is the best meeting I have ever attended. It is a
workaholic meeting but it is the function of the Town. Audit — It is important to review the
recommendations of the auditors, so study and ready it. Library — I sat on the original committee
to build the new Library, and we fought for a second floor but it would have cost $100k more. It is
a tremendous Library that is functioning, which is why additional space is needed. Valet — I made
a suggestion to allow the vehicles to double park in the parking lot. Joe Yucht — Joe Yucht passed
away. He was a citizen of this town for about 15 years. From my experience, he has been at more
of these town meetings then anybody in this room. Many times it was controversial, many times
you did not agree with him, but one thing you always knew he spoke his piece. He served on town
boards. He did a tremendous job on the Milani Park Project, which I was personally involved. I
just wanted to acknowledge that Joe Yucht was a long-time, dedicated citizen to this Town and
served us well. I thank all of you for taking on this responsibility.
Mayor Featherman requested for the next meeting's agenda that the Commission re -consider the
FAB holding their meeting in the Commission Chambers and for the meetings to be broadcasted.
13. ADJOURNMENT
Town Commission Workshop Meeting
Tuesday, April 24, 2012 Page 10 of 10
There being no further business to come before the Commission, Mayor Featherman adjourned the
Workshop Meeting at 3:22 PM upon a MOTION by Vice Mayor Brown and seconded by
Commissioner Sheridan.
APPROVED:
Featherman, Mayor
Trinley,
►� . r Coriimissioner
ATTES . /
Beverly M Brown, MMC
WE
Vice Ma
Dennis J. Sherfdan, Commissioner
)Z�� -S - '1"!� / :)--