2014.01.17_FAB_Minutes_Regular TOWN OF HIGHLAND BEACH
MINUTES OF THE
FINANCIAL ADVISORY BOARD
REGULAR MEETING
Friday, January 17, 2014 9:00 AM
Members Present: Chair Gerald Gitner, Board Member David Buchsbaum, Board
Member Bruce Giacoma, and Board Member William Gross. Members Absent: Board
Member Ronald Brooks (excused). Also Attending: Finance Director Cale Curtis,
Deputy To Clerk Valerie Oakes, To Manager Kathleen Weiser, Commissioner
Louis Stern, and members of the public were invited, but none present.
CALL TO ORDER:
Chair Gitner called the Regular Meeting to order at 9:00 a.m. in the Commission
Chambers. Roll call was taken by the Deputy Town Clerk Oakes followed by the Pledge
of Allegiance. Chair Gitner noted for the record that proper notice of the meeting was
given to all board members.
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 REQUESTS:
No public comments and requests.
PRESENTATIONS:
General Update
By: Town Manager Kathleen Weiser
Kathleen Weiser, Town Manager — The Financial Advisory Board meets on an as needed
basis as do most advisory boards. It is not unusual that a meeting is cancelled due to a
lack of agenda items. The Board has assisted in invaluable ways such as the Board's
input on the Strategic Plan; recommendations to the Town Commission regarding the
Boca properties; improving the Town's investment policy and savings; and changes to
the tax structure. In the future, I see the fire truck being an issue. We have had
recommendations from our very top fire personnel that we need to replace that truck. It
has been out of service numerous times and Delray has informed us that we may have to
start paying for replacing parts on the equipment. What Delray does with their fire
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Friday, January 17, 2014 Page 2 of 5
service, will dictate what we are going to do with that truck. The other issue is the sale
of the Boca Property and what to do with that money. The Board advised the
Commission to change their policy on what those funds could be used for. I see this
coming back to the Board once those funds are on hand as to whether use it on capital or
pay down debt. Regarding the budget, I don't see the Commission changing their policy
of having the budget go to you first. That is between myself and the Commission which
is delineated in the Charter. They may send you certain items for your review.
Chair Gitner — Regarding the fire truck, it is a fascinating issue whether we should own
or lease. We have to wait and get some definition as to what is going to happen with
Delray Beach. As far as the budget is concerned, we are here to help.
Member Buchsbaum — My suggestion would be that when you inform the Commission
that we might have some ideas about how to make budget considerations more
transparent to them, it is not to comment or give policy, but to make sure that the
financial information is in the form that the Commission can use. Town Manager Weiser
— On a day -to-day basis, we are a small entity and what you have done as an advisory
board is big.
Member Giacoma — It would be very helpful to us if we were a sounding board before
and not after the event.
APPROVAL OF MINUTES:
August 9, 2013 — Regular Meeting
Chair Gitner called for a motion to approve the August 9, 2013 Regular Meeting minutes.
MOTION: Member Giacoma moved to approve the minutes of August 9, 2013 Regular
Meeting as presented. Member Buchsbaum seconded the motion, which passed
unanimously.
OLD BUSINESS:
A) Update on the Sale of the Surplus Land
Finance Director Cale Curtis reported that the Town entered into a contract for the sale of
the surplus property. The buyer, Mr. Durrett, gave a $50,000 deposit which bought him a
90 day window to do due diligence on the property. On August 6 the Town
Commission approved Amendment One to that contract which allowed for a 90 day
extension to the original contract. The buyer asked for the extension, due to Boca
Raton's board meeting schedule, and did not have enough time to have his plans
reviewed and back to us in time for the closing. In exchange for that extension, he put
down an additional $20,000 deposit. The following month, the Town Attorney reported
that there were some underlying land use issues on the eight acre parcel in Boca. While
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Friday. January 17.2014 Page 3 of 5
the zoning for the property is residential, Boca's Comprehensive Plan's underlying land
use was Government Institutional. The Town Attorney reported that the Town would
have to submit a Comprehensive Plan Amendment to Boca in order to get the
Government Institutional changed to residential. On October 1 the Town Commission
approved Amendment Two to the contract until May 14 Chair Gitner — In the event
this does not get approved, is this all refundable? Finance Director Curtis - $20,000 is
non - refundable, $50,000 is refundable. It is all held in an escrow account. The $20,000
is being shown as a receivable. The Town had to hire a Traffic Engineer and an
Environmental Engineer to assist our attorney in submitting the Comprehensive Plan
amendment application. The Town did their part in this; the buyer submitted his site
plans and Boca has reviewed it and offered their comments. The buyer had to make
some changes and should be ready shortly. We are hopeful and believe the
Comprehensive Plan amendment will be approved. We should see a closing sometime in
March or April.
Member Gross — Can either party back out at this point? Finance Director Curtis — Yes.
If we back out the full deposit becomes refundable.
Member Buchsbaum — Is the property still being marketed? Finance Director Curtis — It
is not being fully marketed. The sign is still up stating that it is for sale, but we do not
have it listed anywhere. Member Buchsbaum — Why is it not being marketed? Town
Manager Weiser — We are in contract with intent to sell the properties to Mr. Durrett. We
have had other calls, but when they hear what he is purchasing those two properties for,
they are not interested in paying that amount.
Chair Gitner — The Town has never hired an agent so there is no commission. Is that
correct? Town Manager Weiser — Yes, it is. The change of land use would have to be
for any buyer. There is every indication that it is going through. They are putting a great
deal of money into this property.
Member Gross — What is the cost of doing this land use analysis to rezone? Town
Manager Weiser — Our portion was $6,000. We asked to be the applicant because if you
are a government applicant going through another government, it goes much faster.
Member Buchsbaum — I feel we should be providing as much of a robust process as
possible to bring in potential buyers. I think we should spend a little bit of money on the
internet to allow for potential parties to be aware that it is available. During the interim, I
presume that the property may have appreciated in value over time. Is there a copy of the
appraisal? Town Manager Weiser — We will provide you with that copy. It was around
the amount that they are paying for it. There are environmental considerations on both
properties. The Commission's choice was it was valuable to have someone who was
willing to take both pieces of property as a package deal.
Finance Director Curtis — The last page in your packet is an article provided by the
Mayor. It is in regards to the Town of Lake Alfred. They approved a resolution that
allows their finances to be moved from the Small Business Administration. They are
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Friday, January 17, 2014 Page 4 of 5
going to put some money in the Florida League of Cities Florida Municipal Investment
Trust. I will be doing some background research on it and will report back to the Chair.
Chair Gitner — The Town does have a good cushion of cash. Other than the approximate
1.5M dollars set aside for contingency, we discussed going out to different institutions to
ladder the money that is not in the contingency in a 30/90/180 day rolling set of CD's
(say, $500,000 per) to see whether there is a significant difference in the rate that we
would get. Put that capital to work rather than have it sit all in one basket; being sure that
any depository is backed by FDIC.
Finance Director Curtis — I don't believe that is the case with CD's. That is the case with
Money Market accounts. Overall we are averaging 20 -22 basis points. Our best is 36
and our worst is 15.
Member Giacoma — As long as it is insured. It is an extraordinary rate of return of 2.1 to
4.6 %. I would like to know how they derive those kinds of numbers because they seem
extraordinarily high, considering the rate of returns. Finance Director Curtis — I will
report back.
NEW BUSINESS:
Member Buchsbaum — At some point, I would like to have a discussion exploring
pensions and pension liabilities. Finance Director Curtis — The Town participates in the
Florida Retirement System and we are on a pay as you go basis. Each July 1 the State
Legislature passes the following year's contribution rates and we submit, monthly, our
contributions on eligible salaries based on those rates for classes of employees. We do
not have a long term liability on pension payouts. Member Buchsbaum — Is that
contractually obligated by the contracts we sign with the Police, or is that something the
Town has opted into? Finance Director Curtis — The Town has opted into it. I would
have to investigate the contract with the Police. Chair Gitner — Cale, could you provide
the different scenarios for all the various pension obligations for contract and non-
contract people at our next meeting.
PUBLIC COMMENTS:
Ed Kornfeld, Regency Highland — I have a financial background and I reviewed the new
budget; it is an excellent one. Regarding the appraisal on the property, was that based on
government use or residential? Finance Director Curtis — It was based on residential.
Mr. Kornfeld — The budget indicated that those proceeds can be used at the discretion of
the Commission. I feel it is kind of loose. Chair Gitner — We were the ones that made
that recommendation to the Commission. You have good views and perhaps you may
want to communicate those with the Commission. Mr. Kornfeld — Regarding the fire
truck in the budget, it seems there was an agreement with Delray for them to supply a
truck and an ambulance for $130,000 a year to be tacked onto their agreement for ten
years. Is that still an open issue? Finance Director Curtis — In preparing the budget, the
plan of the Commission was to negotiate an amendment to our contract with Delray for
them to provide us with a fire truck and an ambulance over the next ten years. Following
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Friday, January 17, 2014 Page 5 of 5
the adoption of our budget, Delray's Commission directed their Fire Dept. to investigate
the possibility of joining Palm Beach County Sheriff's Department. At that point, our
negotiations with Delray to amend our contract were put on hold pending the results of
their study. It was the plan going into this budget year, but it was not agreed to. The
budget is not a legally binding document to commit to services; it is more of a forecasting
tool. Mr. Kornfeld – CD's are strong, but my concern is that because of the cap of
$250,000 that is insured by the FDIC, we are very careful not to go over this. Finance
Director Curtis – All of our funds are deposited in FDIC institutions. Mr. Kornfeld –
Do you review the budget before it is passed? Chair Gitner – The Town Manager,
Director Curtis and the Town Commission review the budget; the FAB is an advisory
board only.
ADJOURNMENT:
Chair Gitner announced that the next Financial Advisory Board meeting will be held on
Friday, April 11, 2014 at 9:30 am.
There being no further business, Chair Gitner called for a motion to adjoum the meeting
at 9:54 AM.
MOTION: Member Giacoma moved to adjourn the meeting at 9:54 AM. Member
Buchsbaum seconded the motion, which passed unanimously.
APPROVED:
Gerald Gitner, Chair
Absent
Ronald Brooks, Board Member
David Buchsbaum, Board Member
TOWN SEAL Bruce Giacc hoard Membee
!I04 William Gross, Board Member
Valerie Oakes, CM
Deputy Town Clerk
Date: I ( —ly-