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1995.07.25_TC_Minutes_Workshop~a ~' TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesdav, Julv 25, 1995 1.30 P M Mayor Arlin G. Voress called the Workshop Meeting to order in Town Commission chambers at 1:30 P.M. Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Bill Paul and Commissioners Arthur Eypel, David Augenstein and John F. Rand were present. Also present were Town Manager Mary Ann Mariano, Town Attorney Thomas E. Sliney and members of the general public. Upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER EYPEL, the Agenda was accepted as submitted. 95.1 PUBLIC COMMENTS AND REQUESTS Under Public Comments and Requests, Jose Echeverria gave an update on the Turtle Program, and Victor P. Hadeed submitted a proposal regarding the pending bond issue, which has been necessitated to satisfy the remainder of debt to the Resolution Trust Corporation relating to the "Hidden Harbor" property. Mr. Hadeed stated that while the proposal was being submitted by him as a Town resident, it was well within the parameters of the recommendation of the Financial Advisory Board, on which he serves as Vice Chairman. 95.2 BOARDS & COMMITTEES The bond issue discussion continued at length under this agenda item, wherein the Commission reviewed the Financial Advisory Board's recommendation previously referred to by Mr Hadeed. At this time, Commissioner John F. Rand rebutted the FAB's recommendation and read a formal statement into the record which explained his reasons why and also reflected his philosophy on this issue; Commissioner Rand recommended that the amount approved be set at $4,115,000; Mr. Hadeed's proposal recommended it be approved at $4,554,000; the Financial Advisory Board, recommended an amount from $3.8 million to $5 million. Kevin McCarty, lst Vice President of Stifel, Nicolaus & Co., the bond underwriters, and Charles F. Schoech, Esq., the issuer's (Town's) counsel were also invited to address the Commission during the discussion. The other Commission members and FAB members likewise contributed comments and/or questions during the exchange. 1 , ' ` 1 . Town Commission Workshop Meeting - Minutes July 25, 1995 Paae 2 of 8 A copy of Mr. Hadeed's proposal and Commissioner Rand's remarks are attached to and made part of these Minutes. The meeting was recessed at 3:00 P.M. to accommodate a scheduled Special Meeting to set tentative millage and announce the dates of a public hearing and special meeting regarding the budget for fiscal year 1995/1996. During that meeting, it was unanimously agreed that the millage remain at 4.000; a public hearing was set for Friday, September 8, 1995 and a Special Meeting to adopt the budget ordinance was set for Tuesday, September 19, 1995. The Workshop reconvened at 3:20 P.M, at which time Vice Mayor Paul had to leave for another appointment. 93.8 DISCUSSION RE ADELPHIA CABLE Addressing this agenda item, Town Attorney Sliney advised that as federal legislation has yet to be passed regarding the "Cable Act, " there was nothing new to report at this time. Before proceeding with the agenda, Mayor Voress referred to the Financial Advisory Board's recommended reserve policy (also an agenda item under the correspondence section of "Boards and Committees") and commended Chairman Thomas J. Reid and his fellow Board Members on an excellent job; of particular note was the definition of terms sheet, which was included for the purpose of being an aid to future Commission members who may not have the advantage of extensive financial expertise. Continuing discussion on this matter, it was the consensus that reserves be a budget line item reviewed annually by the Financial Advisory Board with their recommendations, if any, being transmitted to the Town Commission. When discussion concluded, the Town Attorney was directed to draft a reserve policy resolution, which would serve as a "benchmark" and become part of the entire budgetary process, but would not be legally binding on future Commissions. Same will be ready for possible adoption at the August O1, 1995 Regular Meeting. 93.5 PROPOSED ORDINANCES AND RESOLUTIONS The following ordinance and resolution were moved to the Regular Agenda for possible adoption: • ~ ~ .} Town Commission Workshop Meeting - Minutes July 25, 1995 Paae 3 of 8 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 6.01 IN ITS ENTIRETY AND REPEALING SECTIONS 6.02, 6.03, 6.04 AND 6.05 OF THE TOWN CHARTER UNDER ARTICLE VI ENTITLED "BONDS" AS ADOPTED IN ORDINANCE NO. 636; AND PROVIDING AN EFFECTIVE DATE. (First Reading 07/05/95; Published July 14, 1995.) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, EXPRESSING THE TOWN'S INTENT TO REIMBURSE CERTAIN ORIGINAL EXPENDITURES WITH THE PROCEEDS OF, BONDS OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE. After brief discussion, both were moved to the August Regular Meeting for possible adoption. 94.5 DISCUSSION RE FALL 1995 ISSUE OF NEWSLETTER It was the consensus to mail the Fall issue of the Newsletter with the addition of Commissioner Rand's suggestion to include a notice that with the "Hidden Harbor" lawsuit being settled, the Town was now free of all lawsuits against it. • 94.7 DISCUSSION RE LIBRARY FOUNDATION Attorney Sliney noted that his partner had advised it would be in the Town's best interest not to have apparent or actual control over this foundation. The members agreed to this concept; however, it was the consensus to set term limits, and to have a membership of not more than nine (9), including the Library Director and the President of the Friends of the Library, but not the Town Manager or any member of the Town Commission. Mr. Sliney will incorporate these changes and have same ready for review at the August Workshop. MISCELLANEOUS - ITEMS LEFT OVER The Status of Building Development in Town was received as information. Three (3) sets of Minutes were considered for possible approval at the August Regular Meeting: June 27, 1995 - Workshop Meeting July 05, 1995 - Regular Meeting July 11, 1995 - Special Meeting Regarding the July 11 Special Meeting Minutes (Bond Presentation), . Commissioner Rand directed the Town Clerk to amend same to reflect that he had asked Town Attorney Sliney, in regard to the proposed T ~ _. ± Town Commission Workshop Meeting - Minutes Julv 25, 1995 Paae 4 of 8 ordinance amending the Charter [Bond section], if a referendum was needed in this instance. REPORTS - TOWN COMMISSION Neither Commissioner David Augenstein nor Mayor Arlin Voress had reports for this meeting. Under his report, Commissioner Arthur Eypel noted his satisfaction with the implementation of the new sign ordinance, particularly that portion having to do with real estate signage. He said he had received many favorable comments from residents on the smaller, uniform signs and felt they added to the aesthetics of the Town. Commissioner Eypel also advised that the Governor had vetoed half the funds previously appropriated for beach projects. Boca Raton lost $2.4 million by this action. He said this was unfortunate, as the Town ultimately benefits from neighboring sand transfer projects. The Commissioner further advised that the Town of Palm Beach has • disclosed that the "PEP" reef installed to protect its beach has failed and will be dismantled. Commissioner Eypel reported on an interesting project now being considered by the state legislature that has to do with the possible purchase of raw sand from the Bahamas to be used to renourish Florida's beaches. The Commissioner noted that this could prove to be a cost effective alternative to the Army Corps of Engineers' proposal to continue to pump sand. In conclusion, the Commissioner referred to a copy of a letter he had received from State Representative William Andrews regarding receipt of the Town's resolution in support of continued state funding for Palm Beach Community College and noted the letter did not clearly confirm that the funds would indeed be forthcoming from the State. Mayor Voress agreed with Commissioner Eypel's assessment of Mr. Andrews' letter, saying it did not confirm that the funding requested from the State in the Resolution would be forthcoming. Commissioner John F. Rand addressed several issues: .The Town's Charter now caps the allowable millage rate at 5, while the State allows a cap of 10. Because Florida law supersedes here, it was the Commissioner's suggestion that the Town's millage rate cap be increased to 10 in conformity with existing state law in case it were ever necessary to go above 5 mils. He said if there was a consensus on this matter, he would ask the Town i _. ~ Town Commission Workshop Meeting - Minutes July 25, 1995 Paae 5 of 8 Attorney to draft an ordinance or resolution to change the millage rate cap to 10; Attorney Sliney replied that if this action was the consensus of the Commission, it could be done by repealing that part of the Charter. .Regarding the RTC-related requests policy (Hidden Harbor property), Commissioner Rand said it was not, as he recalled, as initially proposed. He added that although it was approved by his fellow Commission members at a meeting he did not attend because he was out of town, he did not agree to information being transmitted for review via a clipboard in the Commission office, and intended to ask specific. questions when he felt it necessary. The Commissioner further stated that the clipboard would seem to apply to written requests only, and questioned whether verbal requests would be translated into writing. Included in Mayor Voress' response to the Commissioner's questions, was an update of recent events on the property, which he had received from the RTC. Ms. Mariano and Mr. Sliney also offered clarification of the policy to Commissioner Rand's satisfaction. .Regarding Ms. Mariano's memo to the Finance Director relative to new legislation pertaining to State investment policy, Commissioner Rand questioned whether a review had been done. Ms. Mariano and Mr. Sliney advised that Mr. Seaman is in the process of review, further advising that the Town has until October 1 to act on this. .Commissioner Rand noted that at the Special Meeting on July 11th (Bond Presentation), he had raised the question of "when the clock starts" with regard to the RTC settlement and asked if Attorneys Schoech and Raymond had clarified this matter. The Commissioner said he was of the opinion that the due date should be based on the date of the court order (June 08, 1995), not the date promissory note was signed by Mayor Voress (June 09, 1995), and reiterated his request that the attorneys respond. .Referring to the recent update of the "Personnel Rules and Regulations" booklet, Commissioner Rand expressed regret that the resolution adopting same took place in his absence with a legitimate, but limited, quorum of three (3) members as he felt there were several important points to be addressed: - Section 1 was not referred to in the updating; the Town Manager advised this was because it was not amended. - There was no reference to the 4-day, extended hours work week approved for use by some employees during the summer months last year.. The Commissioner asked if this system would be put into effect this summer season. The Town Manager advised this system had been reconsidered and would not be I ~' Town Commission Workshop Meeting July 25, 1995 Paae 6 of 8 used this year. - Referring to recent news articles about departing public employees, which included pay owed to them for unused sick leave, the Commissioner said he felt the whole issue of sick leave was getting out of hand. Verifying with Ms. Mariano that the Town's policy had a 90-day cap for payout regardless of how much sick time an employee might accrue, the Commissioner said that while he was pleased there was a maximum payout policy in place and was not against having a policy allowing employees a certain number of sick days per year, he personally felt that the concept of sick leave was a thing of the past and did not see why anyone should be rewarded by being paid for sick days that they didn't take. In response to the Commissioner's request that neighboring municipalities be polled to see what their sick day policies were, Ms. Mariano said this was done yearly and the Town's policy of paying out 1 day for every 4 earned (with the previously mentioned 90-day cap)when an employee left the Town's employ was comparable; she noted that before she became Town Manager, the policy had been 1 to 2. She further noted • that giving back a portion of unused sick leave ( 12 days per year) when an employee left the Town's employ provided an incentive for not using it, unless necessary, if the employee knew a portion would be paid back when he/she left the Town's employ, rather than just using the allowable yearly amount of sick leave because it would be lost if not used. Under his report, Town Attorney Sliney first referred to Commissioner Rand's remarks regarding amending the Minutes of the July 11 Special Meeting (Bond presentation) to reflect that the Commissioner had asked him if a referendum was needed to accommodate the proposed amendment to the Charter (Bond section). Attorney Sliney noted that, as part of their duties as Issuer's counsel and Bond counsel respectively, Attorneys Schoech and Raymond had researched the need for a referendum regarding the upcoming bond issue and had concluded that one was not necessary. They had so advised the Commission of this conclusion during the July 11 Special Meeting. Attorney Sliney explained that because of the Labor Day holiday (Monday, September 4) the $1.5 million from reserves due the RTC as part of the "Hidden Harbor" property debt will be wired Friday, September 1, to ensure that the monies are received by the RTC on time. .~ Town Commission Workshop Meeting - Minutes July 25, 1995 Paae 7 of 8 Regarding the status of the 70th Street wellfield property agreement with Boca Raton, Attorney Sliney advised there are some discrepancies regarding surveys; however, he said he should have needed information available in time for the August Workshop Meeting. Town Manager Mary Ann Mariano referred to the 1995/1996 fiscal year budget packet previously distributed, saying she and the Finance Director would be available to meet with any Commission members who had questions regarding same. In response to a request initiated by the Police Department regarding an additional day off yearly, Ms. Mariano advised that after contacting several neighboring communities, it was found that the Town was somewhat behind in this regard. Therefore, the 1995/1996 budget reflected an additional day off for all employees, with Ms. Mariano's recommendation that it be treated as a personal holiday, thus creating no financial impact. Concluding her remarks on the 1995/1996 fiscal year budget, Ms. Mariano commended the Financial Advisory Board for their fine work and thoughtful recommendations. . Ms. Mariano next addressed the previously transmitted draft copy of a lease with regard to Drexel Investments relating to the southeast corner of the property, immediately north of the existing fire station. She advised Drexel had agreed to lease that parcel of land, at no cost, in order for the Town to have a staging area for some of the construction vehicles that will be required as the fire station is being rebuilt; it will also be used to accommodate modular housing during this time for use by the Police Department as well as the paramedics. Ms. Mariano noted the. lease would be for one (1) year and is renewable on a monthly basis, depending on what is happening with the development of that property. The Town Manager asked that the Commission review the lease conceptually and be prepared to offer their comments at the August Regular Meeting in order that it might be executed in a timely fashion so the work could proceed on schedule. Concluding her report, the Town Manager noted a request from Delray Beach Fire/Rescue for a resolution regarding the Town's pro-rata share of the County Emergency Medical Service Surcharge Award Program Funds. Mayor Voress advised this was done yearly and, with no objection, moved adoption of the resolution to the August Regular Meeting Consent Agenda. There being no further business to come before the Commission at this time, the meeting was adjourned upon MOTION COMMISSIONER RAND/COMMISSIONER AUGENSTEIN by at 4:30 P.M. . ~ .' '`= Town Commission Workshop Meeting - Minutes Julv 25, 1995 Page 8 of 8 - ~ -__ -_ APPROVE : ~~~ ~i~'C' _ Arlin G. Voress, Mayor -/ _ Bil Paul, Vice Mayor /~~s~~% Arthur Eypel, Commissioner David Augensteink\Commissioner /" Jo F. and, Commissioner ~~ . . ATTEST: ~~ i DATE : ~ ~ ~ ~ ~ % ~