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2014.09.09_TC_Minutes_Special TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING 2014/2015 BUDGET PUBLIC HEARING Tuesday September 09 2014 5:01 PM Mayor Bernard Featherman called the 2014/2015 Budget Public Hearing to order in the Library's Goldstein Community Room at 5:01 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 Brian Shutt; Town Manager Kathleen Weiser; Deputy Town Clerk Valerie Oakes; Finance Director Cale Curtis; Public Works Director Edward Soper; Police Chief Craig Hartmann; Library Director Maria Suarez; Building Dept. Office Manager /Code Enforcement Officer Carol Holland; Assistant to the Manager Zoie Burgess; and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence. Civility Pledge: The Civility Pledge was recited by the Deputy Town Clerk. 1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman asked for any additions or deletions. Receiving no additions or deletions, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REOUESTS: There were no public comments and requests. 3. PRESENTATION OF CHANGES TO BUDGET A) Summary of Budget Updates Finance Director Curtis Town Commission Workshop Minutes September 09 2014 Paize 2 of 6 Finance Director Curtis reviewed the Proposed 2014/2015 Operating Budget that was presented at the Budget Workshop Meeting on August 5 A complete copy is available in the Finance Dept. in Town Hall. The following is a summary of the update to the Proposed Budget: On the Revenue side there is an overall net change of $3,600 to the General Fund Revenues. On the Expenditures side there was talk about Education Incentives. Although there will be no monetary change with the proposed budget, the program will be eliminated for all new hires after October 1St Anyone hired before October 1 St will remain in the program. There is a $75,000 increase in the budget for Public Works which is in anticipation of the adoption of the Landscape Ordinance. There is an increase in the Fire Dept. of $15,000 for general repairs; an increase of $3,000 for the Police Dept. CERT program, a decrease of $900 in the Library budget and the Reserve for Contingency has gone down by $92,100. The total net change matches the revenue side of $3,600. On the 5 Year Capital Improvement Plan, the additions on the Water side are the Smart Metering System Upgrade, an air handler for the Chemical Room, A/C replacement in the RO Plant and an exhaust fan replacement in the Water Treatment Plant. On the Sewer side is the telemetry replacement. Commission Discussion: Commissioner Feldman asked for an explanation on the CERT (Citizens Emergency Response Team) program. Town Manager Weiser indicated that it is a national program where volunteer citizens are specifically trained to work with municipalities in the event of an emergency. The Town has an ongoing CERT program that is headed up by Elyse Riesa and her husband. There are ten active members who haven't been retrained in several years, and this program would get their training up to date. Comm. Feldman — Is this through the Fire Dept.? Manager Weiser explained that the funds are budgeted through the Police Dept. since they handle Emergency Management. The trainer is in the Fire Dept. The money is for the equipment and the program is administered by the Police Dept. Comm. Feldman was not in favor of the $13,000 allocated in the Public Works Dept. for replacing the 13 benches. He believes they can be restored with a bit of maintenance and paint. Public Works Director Ed Soper stated that he looked at all the benches and at least 7 of them are in bad shape and plastic coated, so they can not be spray painted. Also, there are about 9 trash cans that need to be replaced. The original idea was to replace them all and have them all uniform. In lieu of the Streetscape Project occurring in three years, if you want we can replace only the ones that are in bad shape. We did not want anyone getting hurt on these benches. Comm. Feldman questioned the antenna system for the Public Works building at a cost of $10,000 due to the fact that there is no reception on a cell phone inside the building. PWD Soper stated that there is no reception on all the cell phones in the water plant, and he specifically receives most of his calls on his ceii phone. There is a repeater system already built into the facility. They anticipated problems - getting cell phone reception in the building, but did not anticipate a wide variety of carriers that would be utilized by different people. We would like to upgrade the existing system and make it a universal system. Comm. Feldman suggested that the Town supply a cell phone to the employees that is universal to all the employees instead of spending the considerable amount of money for their existing phones. Fin. Dir. Curtis addressed the stipend referred to by Comm. Feldman indicating that they came to a cost Town Commission Workshop Minutes September 09 2014 Page 3 o 6 savings to the Town. The employees were using a smart phone so they could remain engaged in Town business at any time, with unlimited data at a monthly fee of $90 to $103 per month. This was transferred to a stipend to employees of only $75 per month. Comm. Feldman did not agree that it was necessary. With regards to the $75,000 increase in the P.W. budget and I do not feel the Town should maintain any of the trees that were put in by residents; only those put in by the Town. This should not be allocated at this time. Town Attorney Shutt will prepare an Ordinance for the next Workshop Meeting indicating that the liability would be on the Town if the tree has to be replaced, and not on the adjacent property owner. The adjacent property owner would be responsible for maintaining the trees. The Town would not be responsible for trimming them. Commissioner Stern — The maintenance of the trees was Comm. Feldman's idea from the beginning and has now changed his mind. My opinion is that the $75,000 should not be in the budget. Congratulations to Elyse Riesa for doing the CERT Program and the expenditure of $3,000 is a necessity. The cans and benches that I have looked at are a disgrace for the Town of Highland Beach. They should be done; it is a budgeted item and should be done now. Commissioner Sheridan — It is my understanding that we are not going to be making any changes in the landscaping ordinance. I see no reason that the Town should be responsible, other than if a tree falls and needs replacement. We have done that in the past and is not in favor of spending $75,000 for this program. Regarding the educational incentive, this program originally started out as an incentive to our employees to obtain their degrees by partially funding the education expense and then receive a bonus at the end. Do not wish to take it back from any of our employees, but am glad it will be stopped for the future. Finally, the fire truck. Delighted we have appropriated funds for the maintenance program with Delray and it takes us out of the fire truck business. Definitely is a great way to go. Vice Mayor Brown — Streetscape program is in the CIP, but in case it is not funded, also feel the benches need to be replaced since they are in bad shape and the residents could get hurt. The CERT program is a wonderful program for our Town and the $3,000 is a small amount for the equipment needed for these volunteers. It is important that we have the cell phones so we can communicate with our Public Works Director and all the employees working in that building. Regarding the Landscape Ordinance, it should read, if a tree needs to be replaced the Town is responsible. The homeowner is responsible for maintaining them. Spending $75,000 is not necessary. Mayor Featherman — I believe the benches can be refurbished and utilized the way they are. I am also in agreement that the $75,000 is not necessary for the maintenance of the trees. The Commission congratulated Fin. Dir. Curtis, Town Manager Weiser and the Staff for a wonderful job in preparing the budget. Mayor Featherman asked if we can get a ruling from the Inspector General's office if yve can spend the additional monies on this project before we approve any of it. I want to be sure we are not in any violation. Town Attorney Shutt stated that the Inspector General was aware of this, the fact that there may be other overages of that amount coming forward and gave his ruling. He would need a consensus from the Commission to go ahead with this. Fin. Dir. Curtis — The major contracts for this project have been procured. There will not be any major amounts of monies needed to finish this Town Commission Workshop Minutes September 09, 2014 Page 4 of 6 project. I was talking about general pictures on the wall, etc. to make it complete, a finished product. As far as major contracts and cost overruns, that has been done. The Inspector General has ruled on that already. Mayor Featherman asked that a copy of any additional expenditure needed for completion be given to our Attorney and that he get a letter of approval to pay these funds. Town Attorney Shutt — The Inspector General does not give permission to do things. They come in, do investigations and issue findings. I will almost tell you completely that they will not be saying yes that this is okay and go forward and do this. Comm. Feldman asked if Fin. Dir. Curtis could give the Mayor a total package. Fin. Dir. Curtis — I will give you a snapshot of where we are at now. Comm. Sheridan read a portion of the Inspector General's Report. "We issued two recommendations. First the Town should review all previous Charter amendments that were enacted without a referendum to ensure such amendment complies with State Law ". That has either been done or is being done. "Second, until the funding limitation provision is properly amended, future projects should adhere to the existing limitation which requires that any project or extension of services costing more than $350,000 first be approved by the majority of the electorate." This means we can finish the job and finish it properly. Mayor Featherman asked for a motion to have the Attorney contact the I.G. to approve the additional monies needed to finish the project. No motion was made. Fin. Dir. Curtis — I will take the $75,000 out of the budget which was allocated for the Landscape Ordinance. It is my understanding that the money is to remain in the budget for the replacement of the benches. Money in the budget does not constitute authorization to spend it. Approval will be needed. 4. PRESENTATION OF BUDGET RESOLUTIONS: A) RESOLUTION NO. 14 -005 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A FINAL MILLAGE RATE OF 3.95 MILS FOR THE TOWN'S GENERAL OPERATING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,2015; PROVIDING THAT THE FINAL MILLAGE RATE OF 3.95 MILS IS 5.5 PERCENT GREATER THAN THE COMPUTED ROLLED -BACK RATE OF 3.7442 MILS; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. B) RESOLUTION NO. 14-006 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR TH"ISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015; DETERMING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT OF THE TOWN FOR THE ENSUING YEAR; _ FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Deputy Town Clerk Oakes read Resolution No. 14 -005 R and Resolution No. 14 -006 R into the record. Town Commission Workshop Minutes September 09, 2014 Page 5 of 6 5. PUBLIC HEARING REGARDING 2014/2015 FISCAL YEAR BUDGET: Mayor Featherman opened the Public Hearing. Hearing no comments from the Public, Mayor Featherman closed the Public Hearing. 6. COMMISSION QUESTIONS AND DISCUSSIONS There were no questions or discussion from the Commission. 7. ADOPTION OF MILLAGE RATE ON FIRST READING: A) RESOLUTION NO. 14-005 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A FINAL MILLAGE RATE OF 3.95 MILS FOR THE TOWN'S GENERAL OPERATING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,2015; PROVIDING THAT THE FINAL MILLAGE RATE OF 3.95 MILS IS 5.5 PERCENT GREATER THAN THE COMPUTED ROLLED -BACK RATE OF 3.7442 MILS; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. MOTION: Vice Mayor Brown moved to approve Resolution No. 14 -005 on First Reading. Motion was seconded by Commissioner Stern ROLL CALL: Vice Mayor Brown - Yes Commissioner Stern - Yes Commissioner Feldman - Yes Commissioner Sheridan - Yes Mayor Featherman - Yes Motion passed with a 5 to 0 vote. 8. ADOPTION OF 2014 -2015 FISCAL YEAR BUDGET ON FIRST READING A) RESOLUTION NO. 14-006 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015; DETERMING AND FIXING THE AMOUNTS NECESSARY TO - eARRY ON THE GOVERNMENT OF THE TOWN FOR THE ENSUING YEAR; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Town Commission Workshop Minutes September 09, 2014 Page 6 of 6 MOTION: Commissioner Stern moved to accept Resolution No. 14 -006 R on First Reading. Motion was seconded by Commissioner Sheridan ROLL CALL: Commissioner Stern - Yes Commissioner Sheridan - Yes Commissioner Feldman - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 5 to 0 vote. 9. REPORTS —TOWN COMMISSION: A) Commissioner Carl Feldman — No report. B) Commissioner Louis P. Stern — No report. C) Commissioner Dennis J. Sheridan — No repor.t D) Vice Mayor Brown — No report. E) Mayor Featherman — No report. 10. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: No Report. 11. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER: No Report. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED Carl Gehman 1123 - Highland Dr . Asked for further information regarding the CERT program. He will be in contact with Town Manager Weiser. Also inquired about the misappropriation of $900,000.00. Mark Zeichner, 3210 S. Ocean Blvd addressed the I.G. report and agreed with the Town Attorney that you could not get an opinion from the Inspector General to spend money. He feels the Town Attorney should give the opinion as to whether or not you have the authority spend additional money. With regard to the chart on Capital Spending, each year the capital funds of the Town go down. He asked the Commissioners to think about this before they pass a budget that causes our capital to decrease even further. Town Commission Workshop Minutes September 09, 2014 Page 7 of 6 13. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman adjourned the Budget Public Hearing at 6:10 PM upon a MOTION by Commissioner Sheridan and seconded by Commissioner Stern. APPROVED: Bernard Featherman, Mayor �J Ron Brown, Vice Mayor Dennis J. Sheri Commissioner P o s Ste Co issione Carl Feldman, Commissioner ATTEST: Be erly M. Br wn, MC Town Clerk ZL 7 _j Date x