2013.04.02_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, April 2, 2013 1.30 PM
Mayor Bernard Featherman called the Regular Meeting to order in Commission Chambers at 1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner
Dennis J. Sheridan; Commissioner Louis P. Stern and Commissioner Carl Feldman. Also present: Town
Attorney Glen Torcivia; Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; 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.
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 REOUESTS
Harold Hagelmann, 4748 S. Ocean Blvd. — Last week I mentioned that, in order to file for a permit for the
hurricane windows and doors, it would cost us $2,000 and this was in error. It is $15 per thousand dollars
for the permit.
3. PRESENTATIONS
• 2012 Audit and Comprehensive Financial Report
Ron Bennet, CPA from Nowlen, Holt & Miner, P.A.
Mr. Bennet — I want to thank the Management and Staff for doing an excellent job. The Town has two
types of activities; Governmental activities which is dominated by the General Fund and Enterprise
activities which is comprised of the Water Fund and the Sewer Fund.
Town Commission Regular Minutes
Apri12, 2013 Page 2 of 8
Mr. Bennet explains the report he distributed) to the Commission:
The 2011/2012 total Governmental Revenues for the General Fund and the Special Revenue Funds are
basically a carbon copy of the prior year. The total revenues changed by only $52,000. There was a
decrease of $52,346 in total. Referring to the Governmental Expenditure, again it is a carbon copy of the
prior year. The total expenditures decreased $45,000. The Unassigned Fund Balance of the General
Fund; the General Fund is the basic operating fund of the Town and the Unassigned Fund Balances are the
resources that could be used at your discretion. Enterprise Funds are a little bit more complicated to
understand. There are three sections; the Operating Revenues and Operating Expenses and the difference
between the two is the net operating income or loss, the non - operating items, and thirdly you will have
transfers and capital contributions. The difference in an operating revenue and non - operating revenue
expense is the operating revenue is an expense derived from the operations. An operating expense is one
that produces that revenue. It is the cost of producing the services that you sell. When you subtract those
from your operating revenues you will notice that, for the last five years, there has been an operating loss,
and that is covered by a transfer from the General Fund. A good portion of that is due to depreciation.
This year all of it is due to depreciation. This year the Net Operating Loss was $727,000 and you had
Non - Operating Revenues, or in this case expenses primarily due to Interest Expense on the debt of
$437,000. Before the transfers there was a loss of $1,164,000. There was a transfer of $1,288,000 from
the General Fund and the bottom line was an increase of $123,000. It is a policy decision. You can
choose to increase the rates in the Water and Sewer Fund and have an operating breakeven point or an
operating surplus, or you can choose to finance it through transfers from the General Fund. The last page
of the report is the chart of the operating revenues and the operating expenses, and looks a lot like the last
several years. From an operating standpoint, it is fairly consistent.
Mayor Featherman — In order to reduce the amount of the loss, we normally pay down as much as we can
on the principal on the loan from the bank. Here we have a Bond issue, a set amount, and I am asking if
there is a way we can reduce that set amount by renegotiating. Mr. Bennet — That would have to be
discussed with the Bond Counsel. You have fairly low rates on this debt and you will have to look at it
and see what type of economic gains or loss you will have.
Mayor Featherman — What is our Operating Budget overall? Vice Mayor Brown — It is 10.4 million
dollars for the Operating Budget and the total budget is 13.6 million dollars and that includes the water
and the sewer budgets.
Commissioner Stern — I would like to compliment Mr. Bennet for your overall letter. It is very
encouraging. It seems the Town is operating at a good pace. Mr. Bennet — Your Town is well managed.
4. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• Read into the Record
C) Board Vacancies:
Town Commission Regular Minutes
April 2, 2013 Page 3 of 8
• Board of Adjustment & Appeals — One Appointment
D) Monthly Board Meetings
• Beaches & Shores Advisory Board — April 8 th — Beach Clean -up — 9 AM.
• Planning Board — April 10 — 9:30 AM
• Financial Advisory Board — April 12 — 9:30 AM.
• Bd. of Adjustment — Meetings are scheduled on an "as needed" basis.
• Code Enforcement Board — Meetings are scheduled on a "as- needed" basis
5. PROPOSED ORDINANCES AND RESOLUTIONS:
None
6. NEW BUSINESS
None
7. MISCELLANEOUS — ITEMS LEFT OVER:
None
8. REPORTS — TOWN COMMISSION:
A) Commissioner Carl Feldman — At our last Workshop meeting, Chief Connor and Assistant
Chief Kevin Green reported that our ladder truck was out of service for thirty-eight percent of the year
for various service repairs. Since October 25 th, the total repair costs have been $19,000. The ladder
truck had a complete safety and certification equipment overhaul within the last two years. We don't
know what is going on with the ladder truck; don't even know what the odometer reads. We are told
the truck is old. Our past Mayor Harold Hagelmann is very familiar with fire equipment, after having
many years of experience with the New York Fire Department. I am asking the Commission to see if
Mayor Hagelmann would form an advisory committee, with Jack Lee and any other people, to aid us
in our decisions on what future path we should take with our fire ladder truck; either continue the
maintenance which seems to be pretty complete, or replace the equipment entirely.
B) Commissioner Louis P. Stern — We operate here under the Florida Sunshine Laws, and there is
absolutely no opportunity for the Commissioners to have any closed discussions during the budget
process; which is a very lengthy process and many options were put forward for discussion purposes.
Our predecessor Commissions found it easy to maintain our tax rates at the expense of reducing our
Unassigned Fund Balance which is our savings account. From the chart we just looked at it was five
million dollars, and it went down seven hundred thousand for a number of years in a row to 3.4 million
dollars in order to maintain the budget without raising any taxes. We discussed many things during
the budget process such as reducing hours at the post office, closing Town Hall, reducing hours at the
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April 2, 2013 Page 4 of 8
Library. These were discussions, and were never items that we seriously wanted to do. We just
wanted to have the option not to raise taxes. We did raise taxes and, in doing so, we are now
financially stronger than we have been in five years. Our current Unassigned Balance has gone from
3.4 to 3.7 million. I think we are headed in the right direction. I am proud that our Commission was
able to take this and increase our taxes slightly. We were accused of not acting fast enough on the
walking paths and the cost escalated. That was not true. It was how we were going to do it. The
paths are being corrected and work has started on April I St. Hopefully we will be able to replace our
entire path in the near future; maybe two or three years; create a streetscape; brand our Town and
move forward.
C) Commissioner Dennis J. Sheridan — At Mayor Hagelmann's request, the Commission was
asked to look at the fees being charged by our Building Department. He indicated that there would be
ten units making improvements and the fee would be assessed at $2,000 per unit or a total cost of
$20,000. As of this date, no applications for this work have been applied for in the Building
Department. Without a set of plans and a total estimate of the project to be done, the permit fee cannot
be quoted. All building fees are subject as per schedule. I want to make people aware that some
contractors hire runners for the filing and procurement of these building permits, and most charge for
this service. It has absolutely nothing to do with our Building Department. I would suggest that if you
have a contractor, and there is a permit involved, find out how much he is going to charge you to run
the permit. For the month ending March 31 total number of permits issued was 108 and the permit
fees totaled $11,326.90. Total estimate of these projects was $631,677.25. The minimum permit fee
in the Town is $40.00. Construction permit fees shall be calculated per each thousand evaluations or
portion thereof for each trade; building, plumbing, mechanical or electrical; or for each specialty like
pools, fire suppression alarm or security systems. It is $15 per thousand or portion thereof of the value
up to $500,000; $12 per thousand thereof after $500,000. I hope this clears the air as to what our
Building Department is charging.
D) Vice Mayor Ron Brown — I would like to piggy -back on what Commissioner Stern said. The
political summer is over and there was a lot of misinformation handed out during that time frame. We
have all the numbers you need if you have any questions as to what is really going on at the
Commission and your Town. Come and ask and present a written request for us to research and get
back to you. Misinformation tends to have the residents lose confidence in the Commission. You
elected us to listen to you, take your input and increase the value of your land and the quality of your
life. Monday is beach clean-up and we need a lot of help. Come to Town Hall at 9:00 a.m. and join
us in making our beach much more presentable.
E) Mayor Bernard Featherman — Each month I am given a copy of the fees from the Building
Department and it has run as high as $23,000 on their end because they get a 50150 split. Some
months run low but there are many months that they run high.
We had a wonderful turnout yesterday at the "Coffee with the Mayor ". There were views on the
bicyclist situation, crosswalks and wakes on the Intracoastal Waterway. The Police Department is
starting to give tickets to bicyclists who are running infractions of the law. We also had a speaker who
spoke on strokes and Alzheimer's. I will be a guest speaker, along with the Mayor of Boca Raton, at
the Boca Raton/Highland Beach Condo Managers Association this month. We will be talking about
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April 2, 2013 Page 5 of 8
what has been happening in Highland Beach this past year and some of the future things we will be
doing in our community this coming year.
The Town Manager has been working with the Coastal Engineer to see what could be done in case
there is another emergency situation. It is important that our residents be prepared and that they are
aware of the services provided for them in our community. Our Commissioners are doing a job and
they are looking forward to the things that need to be addressed to our residents. Our residents must
come forward and tell us their concerns and interest and then we have to act on it accordingly.
9. REPORTS — TOWN ATTORNEY:
No Report.
10. REPORTS — TOWN MANAGER:
On the Boca Raton properties that we received an offer of 3.5 million; we are supposed to hear back
from the City of Boca Raton mid -April to advise us if they have any interest in the property. I am
assuming that we are going to get an answer that they do not. If you authorize me, if I in fact get a
letter from the City of Boca Raton, is request our Town Attorney to go ahead and draw up a contract
for the sale so that we can include and discuss the contract at our next meeting.
MOTION: Commissioner Feldman moved to authorize the Town Attorney to draw up a contract for
sale of the Boca Raton property, and that the Town Manager place said contract on the next agenda for
discussion and or approval at that time. Motion was seconded by Commissioner Stern.
ROLL CALL:
Commissioner Feldman - Yes
Commissioner Stern - Yes
Commissioner Sheridan - Yes
Vice Mayor Brown - Yes
Mayor Featherman - Yes
Motion carried with a 5 -0 vote.
11. CONSENT AGENDA
Mayor Featherman asked if any item needed to be removed from the Consent Agenda.
Town Clerk Brown read the Consent Agenda into the record:
A) Appointment of Peter Rodis to the Code Enforcement Board for a three -year
term (4/13 — 3/16).
B) Appointment of Harvey Mart to the Planning Board for a three -year term (4/13 — 3/16):
Town Commission Regular Minutes
April 2, 2013 Page 6 of 8
C) Commission authorizes the purchase of a Police Sport Utility Vehicle (SUV) in the
amount of $28,200.93 with funding coming from the Police Department Capital Outlay
Account.
D) Approval of Minutes:
February 26, 2013 — Workshop Meeting
March 5, 2013 — Regular Meeting
March 13, 2013 — Special Meeting
MOTION: Commissioner Sheridan moved that the Consent Agenda is accepted as read by the Clerk.
Motion was seconded by Commissioner Stem
ROLL CALL:
Commissioner Sheridan - Yes
Commissioner Stern - Yes
Commissioner Feldman - Yes
Vice Mayor Brown - Yes
Mayor Featherman - Yes
Motion passed with a 5 -0 vote
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Joe Canazarro Bel Air Drive — I listened to the Auditor and heard all the data, but without seeing it; it
doesn't have much impact on the audience. I suggest that whenever anybody is going to give a
presentation that is detailed of that nature, they let everybody see the data on a screen. I think the
meetings should be more interactive and questions should be asked during the meeting at the
appropriate time during the presentation and not at the end.
Harold Hagelmann — Commissioner Feldman requested that an Ad Hoc Committee be formed and
asked if I would be available and I am. Do we need a motion on this? Comm. Feldman — I would like
to first have a discussion with the Commission to have a better oversee with the situation that we have
with the hook and ladder truck. With Mayor Hagelmann's experience he could form a committee and
report back to the Commissioners, if that is what you would like to see. I think he should have
someone like Jack Lee, who knows the operations, and someone in town that is familiar with fire
operations. Mr. Hagelmann — I am not opposed to having a new fire truck but I would like to find out
why we would have to spend that kind of money. First of all, is the fire truck we have now
serviceable? There was a discussion regarding the fire truck, what should be done about the repairs,
and whether or not we can get more time out of the existing truck rather than buy a new one. Since the
Commission is the only one that can appoint a committee. Comm. Stern asked Mayor Hagelmann to
form a committee of five to bring back whatever fact findings he can, and see what our options are.
Town Commission Regular Minutes
April 2, 2013 Page 7 of 8
Town Attorney Torcivia — Jack Lee is a staff member and he should not be on the committee because
that mixes him up with the Sunshine Law and a staff member. I believe the Chief will be coming back
with answers to some of the questions presented at the last meeting. Maybe at that time, we can all
have some of the answers that we want to hear. The staff can also get that information. Comm. Stern
— This was put on a referendum and got turned down badly to replace the fire engine.
Town Manager Weiser — I also want to take exception that this was the first time in front of you. I
have kept you updated on what has been going on with the truck and given you reports. The reason
why I brought our Fire Chief in front of you is because, in the next few months, you are going to have
to address the issue with the Capital Improvement Plan. I would ask that you let us proceed
administratively like we would with any other project. The questions you asked, she will address at a
future time when we bring it back for the Capital Improvement Plan. Mayor Featherman — Our truck
has been out of operations for four or five months. We don't know where it is or the condition. We
spent $19,000 and I feel we should take action and investigate this. Town Manager Weiser — You
were given a point by point presentation at the Workshop with what has happened with the truck.
Mayor Featherman — That is one view point and there is always another view point which we haven't
heard from someone who is an expert; who can tell us where our truck is and what is wrong with it;
and can it be salvaged or not salvaged. Town Manager Weiser — I take exception with the fact that our
Fire Chief is not an expert. I think questioning her ability is incorrect. Mayor Featherman — No one is
questioning her ability. I am saying that we have to protect our residents' monies, our equipment and
we have to know what is going on. Commissioner Sheridan — She did say that the truck; in fact it was
the other Chief that said the truck was completely tired. No matter what repairs you make to this truck
it is still going to be tired at this point. She did say that the first repairs were done here at Delray
under their supervision; the second repairs were done in Pompano and our truck, at that time when the
Chief spoke, was in Miami. So, we know where the truck is.
Town Clerk Brown — Reminded the Town Commission that they are the only people who have
authority to appoint anyone to a Committee and, before you appoint an Ad Hoc Committee, you have
to set the parameters of what they could look into. You have to give specific direction on the
information that you require of the committee.
Mike Ferrara, Boca Highlands — I would like to welcome Carl Feldman with a bit of advice. You will
quickly learn the difference between sitting out there and sitting on the dais. I believe you are required
to take some courses in the position you have been elected to. Commissioner Feldman — Beverly has
already scheduled me for a three day course.
Mr. Ferrara continuing - Regarding the sale of the land, and the Attorney is going to prepare a
contract, does the Commissioners know even the parameters of the price that was 'proposed by the
buyer? The Commissioners responded, yes. Town Manager Weiser — The price was 3.5 inillion
dollars.
Ann Roy, Bel Lido Isle — I would like to thank you for the "Coffee with the Mayor" yesterday and the
information you gave us regarding using the panic button on your car keys as a deterrent in case of a
break -in.
Town Commission Regular Minutes
April 2, 2013 Page 8 of 8
13. ADJOURNMENT
There being no further business to come before the Commission, Mayor Featherman adjourned
the Regular Meeting at 2:32 PM upon a MOTION by Commissioner Stern: seconded by
Commissioner Feldman.
APPROVED:
Bernard F therman, Mayor
Ron o , Vice Mayor
Dennis J. Sheridan, #ommissioner
S rn C6 sioner
Carl Feldman, Commissioner
ATTEST:
Beverly M. rown, M C
Town Clerk
Date