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2015.12.18_TC_Minutes_Special TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING SPECIAL MEETING Friday, December 18, 2015 9:30 AM Mayor Bernard Featherman called the Special Meeting to order in the Town Commission Chambers at 9:30 AM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz, Ph.D; Commissioner Carl Feldman; Commissioner Louis P. Stern and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Police Chief Craig Hartmann; Finance Director Cale Curtis; Public Works Director Ed Soper; Interim Library Director Suzi Hayes; Utility and Maintenance Superintendent William Moore 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 Town Clerk. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Moor Featherman called for any additions or deletions to the agenda. Vice Mayor Weitz added under New Business Item 3B, a discussion regarding personnel actions. Receiving no further additions or deletions, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REQUESTS: Carl Gehman, 1123 Highland Beach Dr. — While walking on AIA, I noticed two cars entering the Town Hall parking lot at the exit driveway. This could be a very dangerous situation. I am a member of the Code Enforcement Board and would like to receive a report as to the activities of the Code Enforcement Officer. Mayor Featherman—The Police Department is aware of this, and they will issue a ticket if someone is entering into the exit lane. There is a sign that reads "Do not enter". Town Commission Special Meeting Minutes Friday,December 18,2015 Page 2 of 8 Vice Mavor Weitz — This subject has been brought up several times, and issuing tickets is not the solution. This has to be evaluated, and recommendations made, to be sure no one can make the turn into the parking lot exit lane. Town Manager Brown—We have a camera that is directed to that exit. If you can give us the time and date, we can get the license plate number of the individuals. 3. NEW BUSINESS: A) Commission to Authorize the Mayor to Sign Revised Interlocal Service Agreement between the City of Delray Beach and the Town of Highland Beach for Fire Services. Town Attorney Torcivia — The agreement provides that Delray Beach will continue to be the provider for fire rescue services for the Town. We are paying their cost of providing those services, such as the benefits and salary costs for the firefighters who are stationed here in Town. They will also be providing a new fire engine. It would cost the Town approximately $95,000 per year for the lease of that vehicle. At the end of the 10 years, you would own the vehicle. Town Manager Brown — In 2009 we were told by Delray Beach that our fire truck was failing; we went out for a referendum to replace the fire truck, which failed. (A recap of the history of the fire services agreement and an explanation of the proposed contract presented.) Fire Chief Danielle Connor—We have given presentations a number of times on the status of the fire truck that you had, which ultimately was decommissioned earlier this year. Commission Discussion: Commissioner Zelniker — The residents of Highland Beach are very satisfied with the Delray Beach Fire Department. This contract is within the budgeted amount we had allocated for the fire services. Before we sign any contract, I would like to have the addendum for the estimated costs of the equipment be included. Fire Chief Connor—There is an outline in Table "A" which shows the amortization for the purchase of the apparatus and the maintenance costs. On our agenda for January 5h, the City of Delray Beach is purchasing a ladder truck and a fire rescue truck, both are identical to the ones you will be receiving. I have prices for each of those. Pending the finalization of this conversation today, we should have a Table "A"proposal for you next week for final consideration. (The proposed prices for the fire apparatus from Pierce Co. and the fire rescue truck from Hallmark Co. were distributed.) Inclusive of these prices is a multi-unit discount because we are ordering two fire trucks, and the purchase of yours would make the third. The discount is approximately$20,000 per unit. Comm. Feldman—Town Attorney Torcivia, you were part of this contract and read the contract. Do you say that we should adopt the contract legally? Town Attorney Torcivia — It is a legally sufficient contract because it does layout the services they are providing. We have negotiated with others such as Boynton Beach, Boca Raton, Palm Beach County, and this is clearly the best proposal among the three. The key to the contract is Table "A", which talks about the dollars. Comm. Feldman—There should have been more discussion regarding this contract before it was handed to us, and told we should sign it or we will have major problems. The information given Town Commission Special Meeting Minutes Friday,December 18,2015 Page 3 of 8 to us today should have been included. I am backing the contract since we don't have a choice. However, in the future, I believe the Town Attorney should involve the Commissioners before negotiating a contract. I am not in agreement with receiving a contract just days before we are told to sign it. We should have more time as well as some input in any contract we are given to approve. Town Attorney Torcivia— Your meeting is January 5' and Delray Beach's meeting is January 5`t' as well. They would like an understanding that you agree with this contract when they present it to their Commission. Ideally, you would approve the contract today. You could approve the contract subject to receiving a final Exhibit "A" and Exhibit `B" because you need to know what those dollars are. Comm. Feldman — Have you looked into the legal part of us leasing the equipment, or making rental payments from Delray Beach? If something happens to the contract, this stipulates that we have to take over the lease. Can we take over that lease? Town Attorney Torcivia—If the City of Delray Beach buys the vehicle and they are providing it to us pursuant to the contract, they own it, are operating it and maintaining it. If something should happen to the vehicle or someone is injured, it is their legal liability. If you owned the vehicle, and let's assume Delray would want to operate it or maintain it and there is an accident, all parties would be liable. Fire Chief Connor—We will provide Table "A" finalization pending your approval of this lease agreement today. We have a meeting on January 5`h where we will be purchasing our apparatus. If you get your approval on January 5`h, our next Commission meeting will be January 19th. Pending everyone's approval, on that date we would bring this agreement to the Commission for their approval for the authorization of the purchase of the apparatus. Fire Chief Connor explained the salaries for personnel needed and the five fire fighters that are assigned to the station in Highland Beach. Comm. Feldman—When will the amount we are paying Delray for the truck they are supplying us at this time change? Fin. Dir. Curtis — According to the agreement, the price for that truck will change when we take delivery of it. Comm. Feldman — Why do you charge a Highland Beach resident when transporting them to a hospital when we are paying $12,000 a year for the fee? Fire Chief Connor—This is per the City of Delray Beach ordinances which covers the services we provide; not just for certain type of inspections and plan review, but also the EMS fees. This has been longstanding language within this Interlocal Agreement and, from our prospective, it helps to underwrite the expenditures with providing that service. Comm. Feldman — I would like the Town Attorney to look into this. Town Attorney Torcivia — I believe Delray Beach has the legal authority to charge. The insurance companies will not pay Highland Beach because you are not a certified ambulance provider. You are operating under their license. If you would like to negotiate the fees that are paid to Delray Beach be turned over to us, we can discuss this. Comm. Feldman — This is something we need to discuss because the residents will be paying for this twice. Comm. Feldman — Regarding the new apparatus, could we receive odometer readings so we know where we are in the service of this equipment? Fire Chief Connor— This could be done. Would you want it done monthly, quarterly or annually? Comm. Feldman—I would like it done monthly. Discussion ensued regarding the number of vehicles that would respond to a 911 call. Town Commission Special Meeting Minutes Friday,December 18,2015 Pate 4 of 8 Fire Chief Connor—Depending on the severity of the call, there could be one fire rescue truck or there could be two, a fire rescue and a fire truck. The reason being the number of personnel needed. There was a question as to whether the Highland Beach Police Department is required to respond to these 911 medical calls. Police Chief Hartmann — We stopped a few years ago trying to go to all the medical calls if it is a non-emergency. We do respond to any calls the fire department requests of us. Comm. Feldman — You are equipped to handle high rise building fire calls. Why are we being billed separately for this? Fire Chief Connor— For example, this would pertain to calls such as hazmat spills that took several days of exceptional round the clock overtime personnel. That is not the standard type of services we provide. In that case, we would have the ability to bill you separately. There would not be 100 percent access in every single building in Highland Beach, but the proposed apparatus would have far greater access and movability than the one you had. The new truck would be able to reach a height of 75 feet. There is a county-wide protocol for how high rise fires are specifically fought, operationally and strategically. Comm. Stern—I appreciate your responses to Commissioner Feldman's questions. As a point of information, we did receive the contract 10 days prior to this meeting. We had this special meeting today so we could be ready by the fust of the year to let Delray know what it is they need to do to approve us. Your service has been extraordinary, and I am very pleased that Delray would like to do business with us again. As stated by Commissioners Zelniker and Feldman, there have been no complaints. Vice Mayor Weitz — I would like to thank you and your staff for your involvement with the CERT Program. Our Town has received excellent services. It is my understanding that the fire rescue truck is still functional, and I would like to know why it needs to be replaced. Fire Chief Connor—The replacement schedule is a combination of age, miles, use, hours and repairs. Vice Mayor Weitz — Since we are paying for all services, repairs and maintenance, there should be a way that we can assess, accountability wise, how much utilization is going on in Highland Beach versus outside the Town. Fire Chief Connor — Through Town Manager Brown, we can start supplying data on a monthly basis as to the number of calls in Highland Beach, how many times your truck has responded to calls in Delray, and conversely how many times Delray trucks have responded into the Town. I can also add the odometer readings as well. Mayor Featherman —There is one change in the contract that I would like to see. We have a 10 year lease and would like to have it changed to five years with an option for five years. If we don't go with the additional five years, I would like to pay the difference for the balance that is due on the equipment. Fire Chief Connor—All the conversations we have had over the last two years have been predicated on 10 years, which is consistent with the agreement we have had since its inception back in 1993. They have all been ten years with the ability to go another ten years; the current one expiring in 2017. We would like to secure this for long term since the terms of the lease for the truck is ten years. Town Attorney Torcivia— If this is something the Commission would want to do, we can try to negotiate these terms. The issue with Delray will be that there is a ten year lease on the two vehicles. After the five years, if we buy them out, it will be a half million dollar expenditure. Vice Mayor Weitz — If we decide to do this, the amount of the vehicles would be over the amount that we have authorization to spend for any equipment, and it would have to go for referendum. If the Town turns it down, we would be without a vehicle. Town Commission Special Meeting Minutes Friday,December 18,2015 Page 5 of 8 Discussion ensued regarding Mayor Featherman's request for a five year contract with an option for an additional five years. Consensus was to continue with the existing contract that includes a ten year lease. MOTION: Commissioner Stern moved to accept the contract pending Exhibit "A" and Exhibit "B", and then vote again a second time at our regular meeting on January P. Motion was seconded by Vice Mayor Weitz. Commission Discussion: Comm. Feldman — We are accepting the contract with the understanding that we might not accept the proposal for the apparatus. However, we could not accept the service without the apparatus, so we need to say yes to everything at this point. Town Attorney Torcivia — Commissioner Stern's motion is that you are accepting this contract contingent on your receiving Exhibit "A" & `B", and then on January 5`h voting again to make sure you are comfortable with the two exhibits. If you are not, then you would be rescinding your vote before Delray voted. Comm. Feldman — Could we vote based on the contract that was presented and the proposal of December 16`h? If they stay the same, we would not have to vote again. Fire Chief Connor— The proposals are for the units Delray ordered for Delray Beach. Your units are identical. Our expectations is that the pricing would be identical to those units. Possibly this afternoon or the latest early next week, I should have Table "A" for you. The final numbers for the Highland Beach apparatus have been requested from both manufacturers per our fleet maintenance. Comm. Zelniker—This is an excellent deal and is good for the residents as well as the Town. I would like to accept this proposal with the proper language in this motion so we do not have to vote again. Town Attorney Torcivia — The motion is that you accept this contract contingent upon"A" and`B"is consistent with what has been provided on December 16th. AMENDED MOTION: Commissioner Stern amended his motion as suggested by Town Attorney Torcivia. Vice Mayor Weitz seconded the amended motion. ROLL CALL: Commissioner Stern - Yes Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carried 5 to 0. B) Discussion Regarding Personnel Actions Vice Mayor Weitz — I am aware that our Town Manager has full responsibility and capacity to hire and fire personnel. However, I do believe it is the Commission's responsibility to make determinations through the budgetary process to determine the staffing patterns and the positions that we have available in the community. We will be having a meeting to discuss the personnel policies in the near future. At this time, I see no immediate rush to hire any personnel, and I am Town Commission Special Meeting Minutes Friday,December 18,2015 Page 6 of 8 requesting a hiring freeze until such time as this Commission has had a chance to review all personnel policies,job descriptions and responsibilities. Commission Discussion: Comm. Feldman — Can we do this since we do not fall under that privy? Town Attorney Torcivia — You have the purview of setting budgets and policies. The Town Manager has the authority to fill positions that are budgeted positions and hire and discipline. If you are going to make a motion to amend the budget by freezing these positions, you have the authority to do that. Comm. Feldman—These positions are in our budget. Town Manager Brown — One of the positions is part-time maintenance, which originally was a full-time position. Since a large portion of his duties involve the Library, we would have to cancel a number of programs because there would not be enough manpower to set up the Library for the programs they maintain. There was a full-time position in my office and we changed that position to part-time. During the summer months, a number of the other departments accepted the responsibilities of that position. Coming into the full season, we have a number of demands on us by the residents. There are objectives that we have set and would like to have done, and we are not able to move forward. Comm. Feldman questioned the job description for the part time maintenance positon and the salary. Utilities and Maintenance Superintendent William Moore — The main function of that position is to take care of the Library, walk path and the beach. There will be some days this person will have some free time and I will utilize them in any position I need, which may entail electrical, sheet rocking, etc. The job description states "and other assigned duties". Town Manager Brown — The salary for this position ranges from $11.40/hr. to a maximum of $18.25/hr. There are no health benefits associated with the part-time positions. We generally start our employees at the low end. Town Clerk Oakes — The positions posted online include a synopsis of the position, not the full job description. During the interview, we review the full job description. Vice Mayor Weitz — I understand these are part-time positions. However, we continue to add staff. I see a growth in positions whether they are part-time or full-time. I now know that these positions have been budgeted. I want to make the Commission aware of the fact that I see job creep. I hope that in our discussion of personnel, job descriptions, strategic planning for personnel policies, we take a serious look at the staff requirements of this Town relative to the job responsibilities to provide adequate and good services. Comm. Zelniker — Would this part-time maintenance person be handling the Library as well as the other areas you mentioned? Superintendent Moore—Initially, Vice Mayor Weitz asked if we could handle this position with supplementing it to an outside staff. I indicated that I could handle all of the cleaning with the assistance of a part-time position in the Library to continue doing garbage cans on the beach and the walkway and assisting the Library in the setup for their programs. We reduced the cost of the full-time employee by half, and added a minimal amount of cost for the outside janitorial services for the Library. We are behind due to the workload this situation has caused. Comm. Zelniker — It is very important to have a maintenance man at the Library whenever the functions are taking place, either to set up or clean up. Town Commission Special Meeting Minutes Friday,December 18,2015 Paue 7 of 8 Comm. Stern — I think we are stifling the powers of the Town Manager and this Commission again is micromanaging. The fact that we took our budget well past the roll back rate to 3.50 is terrific. Why are we looking at the budget until next year to try and save a few dollars? It does not make any sense. We have saved the Town a great deal of money in one year. I think our job, and we are going to have a meeting on this in January, is to know what our function is and right now it is not micromanaging. That is what we are doing, and I would like all of us to back off and let the Town Manager do her job. Mayor Featherman — I have to take exception. We are not micromanaging but trying to set the policy, and then have the Town Manager follow through. What Vice Mayor Weitz is saying is that he wants an interpretation of what people are doing and what jobs they have, so you can make a decision on policy. Commissioner Stern you are wrong. Comm. Stem— Only in your opinion. You are a Commissioner and, even though you have the title of Mayor, you do not make single decisions. Comm. Feldman made note of the fact that the Civility Pledge was read at the start of the meeting. 4. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Carl Gehman, 1123 Highland Beach Dr. —Our zip code is 33487 and that is under Boca Raton. Why would their Fire Department not cover us? Comm. Stern—That was the Post Office designation. Mr. Gehman — I am on the beach every day, and there are days when the garbage cans are full and they should not be. I am also disappointed that there are not many more residents attending these meetings. The Commission is doing a fine job and it is very important that you keep it civil. Edward Neidich, 4740 S. Ocean Blvd. — I believe the Commission should look into the $12,000 per year fee for transporting residents to hospitals. I don't know whether or not it is valid or considered double dipping, but perhaps it could be a legal matter. In the interest of protecting the public and the citizens and taxpayers of Highland Beach, that needs to be looked into and thoroughly addressed. 5. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Special Meeting at 11:16 AM. MOTION: Commissioner Feldman moved to adjourn the Special Meeting at 11:16 AM. Motion was seconded by Commissioner Zelniker, which passed unanimously. Town Commission Special Meeting Minutes Friday,December 18,2015 Page 8 of 8 APPROVED: AAA-,a Bernard Featherman,Mayor W' W itz, ice Ma 7it Commissioner Carl Feldman 'ssioner is . Stern i o 'ssioner"odlniker ATTEST: c p� Valerie Oakes, CMC Date Town Clerk r, Going back to a failed 2010 referendum, the Town has been unsuccessful in attempts to replace its former aerial ladder/fire truck. In June of 2013, Staff approached management at the City of Delray about purchasing/leasing the fire vehicles for the Town and then adding the associated fees for doing so into the annual service bill. Delray management was open to this arrangement and we began negotiating an amended inter-local agreement. Over the course of the last 2 years, these negotiations would move forward and then halt due to the City of Delray's indecisions about outsourcing their fire services to the County. Throughout this negotiation process, Town Staff has been diligent in researching alternatives for providing Highland Beach with fire rescue services. The alternatives include contracting with the City of Boca Raton, City of Boynton Beach, Palm Beach County, the formation of a Special Fire District, and in-house servicing. Earlier this year the City of Delray officials announced that they will no longer be pursuing the County for their fire rescue services. Thus, our contract negotiations with the City of Delray picked up where they left off with both sides ready to finalize an agreement. The proposed agreement accomplishes a number of points favorable to the Town. 1. The proposed agreement locks in fire rescue services for the next 10 years, with options to renew. 2. The proposed agreement provides for an immediate purchase of an aerial ladder truck and a future purchase of a rescue vehicle to be paid at cost only. 3. The proposed agreement provides that the purchased aerial ladder truck and rescue vehicle will include Highland Beach insignia and be assigned for primary use within the Town of Highland Beach. 4. The proposed agreement provides that the Town will take ownership of the vehicles at the conclusion of the initial agreement for a cost of$10.00. 5. The proposed agreement provides for personnel related costs using an in-rank average cost per fire rescue employee. 6. The proposed agreement provides for the operating/overhead fees to be paid at cost only. 7. The proposed agreement provides for maintenance to the vehicles to be paid at cost only. 8. The proposed agreement extends a long-lasting mutual aid service agreement with the City of Delray. One that has already proven to be a success. 9. The proposed agreement provides either party with termination options within 12 months written notice. Staff has spent a considerable amount of time vetting the alternative fire rescue options mentioned above. In summary,the City of Boca Raton declined to offer the Town fire rescue services. The City of Boynton Beach, while willing to make a proposal, expressed concerns regarding their ability to efficiently service the Town given that their nearest back-up unit would be approximately 15 minutes from Town limits. The City of Boynton Beach also expressed that their preliminary estimates show that their fee would be slightly higher than what Delray is currently charging. Palm Beach County, while willing to make a proposal, expressed similar concerns as Boynton Beach did with regard to providing back-up services. In addition, Palm Beach County Fire imposes a special tax rate to the service area as payment for their services. This tax rate fee would be two times as much as our current fee for fire services. Forming a special fire district and/or bringing the fire rescue services in-house still poses a problem for providing back-up fire services. In addition to the more than likely high startup costs for this alternative,the Town would have to negotiate mutual aid agreements with the Cities of Boca and Delray to provide back-up services at a fee based on per call basis. Therefore, given all of the above information, Staff is confident that the proposed agreement of Fire Rescue Services with the City of Delray Beach is the most favorable option to the Town. We assert that the Highland Beach citizens will continue to get superior fire and rescue services at a fair and economical price.