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2008.05.27_TC_Minutes_Workshop• TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, Mav 27, 2008 1.30 P M Mayor Jim Newill, CPA called the Regular Meeting to order in Commission Chambers at 1:30 P.M. CALL TO ORDER: Roll Call: Members present: Mayor Jim Newill, CPA; Vice Mayor Miriam S. Zwick; Commissioner Doris M. Trinley; Commissioner John J. Sorrelli and Commissioner John J. Pagliaro. Also present: Town Attorney Tom Sliney; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown; and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence in honor of members of the military, both living and deceased. • Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA • None 2. PUBLIC COIVIlVIENTS AND REQUESTS Joe Yucht -Boca Highlands The Commission should note that there is a continuation of the Milani Park Hearing tomorrow morning. I will be attending a Boca Raton Airport Advisory Meeting later this afternoon, if anyone has any complaints they want to be discussed. Commission Pa lg_iaro inquired as to how many flights go over Highland Beach. Reply -The flight pattern takes the planes in a northern direction, over Boca Teeca and then 90 degrees north over 95. Not many flights come in over the ocean. Helicopters do, but we have no control over them. The first ten homes have been outfitted with noise barrier insulation, and we will be applying for grants to outfit another thirty. Neil Maiorino -Parker Highlands Read an article in the newspaper about the Sheriff's Department being interviewed to replace the police department. Would like to know how this process came about. The She.~iff's L)epairtment does not respond to all calls. Mayor Newill - I read the articles in the Sun Sentinel and Palm Beach Post. No one on the Commission has talked to the Sheriff. • Town Commission Workshop Minutes May 27, 2008 Page 2 of 7 • The budget process is in the beginning stages, and staff is investigating different areas to reduce taxes due to the reduction in the ad valorem taxes we will be receiving. 3. PRESENTATIONS Town Manager Su erman stated. that the agenda indicates a presentation by Mark Raymond of Holland and Knight, but unfortunately he had a previous commitment to the Polk County School System. He did forward a letter which I will read into the record. (Excerpts from Letter) Re: Use of Voter Approved Ad Valorem Taxes to Pay Debt Service for Water Plant The Town has five separate debt instruments as follows: (amounts cited are the original amounts, not balances): 1) $1,000,000 note payable to SunTrust Bank; 2) $2,000,000 note payable to Bank of America; 3) $3,800,000 note payable to Wachovia Bank; 4) $10,800,000 loan from the State DEP Revolving Loan Fund; 5) $4,400,000 note payable to Bank of America. Of the outstanding debt, the SunTrust Bank, the smaller Bank of America, and a little less than 70% of the SRF loan are general obligations of the Town. The Town should be levying an ad valorem tax in each year sufficient to the principal and interest on this debt. This ad valorem tax would not be included in the Town's millage cap. The remaining debt is secured by or payable from certain non ad valorem revenue. The Town may use ad valorem revenues to pay this debt. None of the Town's debt is secured • by water system revenues. The Town may be adjusting water system rates in order to reflect the debt service on debt that financed water system improvements. While this is permissible, nothing requires it. The existing general obligation debt should be paid with ad valorem taxes levied outside the 10 mill cap. If the Town wished to use ad valorem taxes not subject to the 10 mill cap to pay debt service, the Town could do so but this would require approval of the electorate in a referendum. Discussion: A Referendum would allow residents to make the decision on whether they want to raise taxes to pay debt service. This would permit some taxpayers to deduct the cost through their income tax. What would happen if we went to referendum and it failed? Reply - We can adopt the ordinance with either an effective date of December 1St or August 1St. If the referendum passes then we can stop the increase. Since a referendum questions is limited to 75 words, can we explain it completely? Reply - It will be a challenge, but it will be clear. Plus the Mayor and Town Manager will go out in the community to explain it. Can it be a combination of user increase and tax increase? R ply - We already have that combination. Water rates cover all the operation of the plant, and only half of the debt service. Subject will be placed on the June Regular Agenda. 43 BOARDS AND COMMITTEES A) Board Correspondence • ~ ~ None Town Commission Workshop Minutes May 27, 2008 Pa eg 3 of 7 • B) Board Action Report • None C) Board Vacancies • Cultural Board Reappointments) -Completed initial 3-Year Term Emily Firtell - 3201 S. Ocean Blvd. #803 Betty Altman - 3400 S. Ocean Blvd. #15G Lois Feldman -3210 S. Ocean Blvd. #605 • Planning Board -Reappointment -Completed initial 3-Year Term Patricia A. Pembroke - 3300 S Ocean Blvd. #421C • Cultural Board Appointment - Interview of Rene Yucht - 4748 S. Ocean Blvd. #7B Mrs. Yucht stated that she was a full time resident; volunteers at the Boca Raton Community Hospital and the University of Miami Medical Center. She majored in music in college and believes she would be an asset to the Board. Reappointments and Appointment to be included on June Consent Agenda. • D) Monthly Board Meetings • Beaches & Shores Advisory -June 10th -Regular - 9:30 A.M • Code Enforcement Board -June 18th -Regular - 9:30 A.M • Planning Board -June 19th -Regular - 9:30 A.M./Public hearing to follow • Beaches & Shores Advisory -Workshop -June 24~' - 9:30 A.M. • Cultural Advisory -May 22nd -Regular - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS A. ORDINANCE N0.07-003 O AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH AMENDING IN FULL THE TOWN CODE, CHAPTER 29 ENTITLED "WATER SYSTEM," SECTION 29-10 ENTITLED "CHARGE FOR WATER SERVICE," AND PROVIDING FOR AN EFFECTIVE DATE 'I'oWn Manager Sugerman - No action can be taken today, but it can be discussed. It will be scheduled for a Public Hearing at next week's Regular Meeting. 6. -NEW ,I3USIl~IESS .4) Offering a Voluntary Early Retirement Program to Town Employees Town Mani er Sugerman - As we begin the process of putting together the proposed • budget for the fiscal year 2008-2009 we will be seeing a reduction in ad valorem taxes due to'rhe new homestead exemption and a reduction in the appraised values, but an Town Commission Workshop Minutes May 27, 2008 Page 4 of 7 • increase in costs. In addition, we just received a notice today from Waste Management imposing a 9% fuel increase charge. Have been looking at a variety of alternatives to reduce costs. I invited the Sheriff to make a proposal for police services. It is not a done deal, just an option. As another option, I have crafted an early retirement program. The program is voluntary and only available to full-time employees. The employee must have completed 10 years of service; be 571h years of age; select this one-time benefit in writing by July 15~'; acceptance shall be at the discretion of the appointing authority; and the last date of employment would be September 26, 2008. If all eligible employees take the package, the total cost to the Town would be $442,222.16. We could then determine if we want to replace the position. If we did fill the position, it would be filled by someone at a lesser salary. Those accepting the proposal would receive 100% of vacation leave accruals; 100% cash out of sick leave; equivalent of a lump sum payment of 90 days of salary; and 12 months of continuing health insurance premium payments. Commissioner Trinley -How old do you have to be to sign up for Florida Retirement? Reply -Not certain, but will check and advise the Commission. Town Mana er Su erman -Will put it on the next agenda. It is purely voluntary. Suggest that it not be placed on the consent agenda. B) Consideration of Entering into an Agreement with the Bell David Planning Group, • Inc. of Miami Florida for the Town's Evaluation and Appraisal Report Town Mana er Su eg rman - By Florida Statute, all municipalities must adopt a Comprehensive Plan. The Comprehensive Plan is a published document, approve by the local governing authority dealing with how the municipality is going to handle issues associated with municipal growth and development. Chapter 162 also mandates that each municipality will also update its progress in implementing the local government's comprehensive plan by conducting an evaluation and appraisal (EAR) The writing of the EAR is a stand-alone community-based process. After the adoption by the Commission, results in a printed document are sent to the Florida Department of Community Affairs for final approval. The Town had an April 1, 2006 deadline to submit our most recent EAR. We did not meet that deadline, and our EAR is now overdue. As things turnout, there is no real penalty for missing the deadline, however, we still have on obligation to complete the requirements. We ;did have an initial attempt to undertake an update to our EAR on August 1, 2006. The Town Staff and Town Commission did hold a public hearing to determine if there were any major issues from the community that needed to be identified and addressed in the new EAR. The public input was minimal. The Town Commission approved the li~J of items that needed to be addressed by the proposed EAR update. The Commission submitted that list to DCA, asking them to issue us a Letter of Understandizig. We never received an answer from DCA and the staff did not follow • up on the' lack of response from DCA. We are at the point where we still need to compplete the entire Evaluation and Appraisal update. As you can see from the memo Town Commission Workshop Minutes May 27, 2008 Page 5 of 7 from Bob Dawson, the staff does not have the expertise and time resources available within the Building Department to complete all the necessary tasks. We have invited Bell David Planning Group to provide us with a proposal to complete all the EAR requirements. Their fees for completing all of the Town's requirements to complete the EAR are $25,000. The current budget does not have funds allocated for this type pf work, so we will have to do an end-of-year budget adjustment to cover this expense. This item is being brought before the Town Commission for discussion purposes. Discussion: Is this a budgeted item? Reply - No. Is this part of the Master Plan that put "open space" and "recreational park" into the plan? Reply -The Comp Plan or Master Plan has to be reviewed every seven years. We hold hearings and evaluate what the plan states to see if it needs changes or modifications. After this process is completed, we send it to the Department of Community Affairs, and they will determine if it is adequate and is meeting the needs to the community. You can not go back and retroactively change it. Is staff capable of completing the EAR? Reply - I feel staff is capable, but they do not. Where will the $25,000 come from? Reply - It will be charged to General Government -Non-Departmental line item. How many hours will it take? Reply -About 60 hours. When was the report due? Reply -April 1, 2006. If the Town Manager has to put all these extra hours in, what happens to his other responsibilities? • Mayor Newill -Let's move this item to the next agenda and have staff review it to see if they can complete the EAR process without contracting with an outside consultant. Building Official Dawson - I do not have the knowledge or time to complete this report. Mayor Newill - My suggestion is to think about it and we will discuss it next Tuesday. I would like something in writing to explain why it cannot be done in-house. 7. MISCELLANEOUS -ITEMS LEFT OVER A) Minutes Approval Workshop Meeting - Apri130, 2008 Regular Meeting -May 6, 2008 Include on June 3, 2008 Consent Agenda. 8. REPORTS -.TOWN COMMISSION Commzssione~ Pa lg iaro - No Report Commissioner Sorrelli - No Report • Commissioner Trinley - No Report Town Commission Workshop Minutes Mav 27, 2008 Page 6 of 7 Vice Mayor Zwick - No Report Mayor Newill -The past three years, the Commission has asked me to be the liaison between the Commission and staff in preparing the budget. Would you like me to continue? Reply -Yes. 9. REPORTS -TOWN ATTORNEY • The Planning Board will be completing their deliberations on the Milani Park Application in the near future. Once the Commission receives the recommendation from the Planning Board, the Town Manager and I will write out a procedure for the Commission. 10. REPORTS -TOWN MANAGER • No Report 11. CONSENT AGENDA • None . 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht -Boca Highlands Raising funds for the water plant -Will the same sum of funds be raised by raising water rates compared to raising taxes? If the public gets to vote, the average tax payer will think how it will affect me. Town Mana eg r Su erman -The water rates do not cover all the costs related to the water plant. The referendum will be to cover the outstanding debt. Beverly Knight - 4023 S. Ocean Boulevard If the County brings new material to the Planning Board continued hearing tomorrow, will the public be able to speak? Town Attorne~Slinev -The public process has been coffnpleted. The Board will deal with procedure items tomorrow. Mrs. Knight -The Town is filled with talented people. Can the Commission appoint a Board to do the EAR report with assistance from the staff? Isn't the town under a hiring freeze? 1vlayor Newil -Most retired professionals do not want to accept a position that has a time fr~rrie attached to it. Town Commission Workshop Minutes May 27, 2008 Page 7 of 7 S 13. ADJOURNMENT There being no further business to come before the Commission. Mayor Newill adjourned the Workshop Meeting at 3:15 P.M. upon a MOTION by Commissioner Sorrelli seconded by Commissioner Pa liaro. APPROVE: ~' /~ ~~~ / ~ Jim Newi ,CPA, Mayor Miri S. Zwicl~ Vic~r~Giayor Doris M. Trinley, Commi sinner • A`I"TEST: ' ~ everly M. Brown, MMC, Tow Cle Dade: ~- ~` 0~ r 1