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2008.08.26_TC_Minutes_Workshop (2)• TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, August 26, 2008 1.30 P.M Mayor Jim Newill, CPA called the Workshop 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 • Agenda accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS Joe Yucht -Boca Hi lands Why does the proposed budget spend every cent? If you do not spend it, it will go in unanticipated income. Adding benefits to employees at this time is a not correct. Nor is adding $56,000 to the library budget for another employee rather than using volunteers. Proposing to outsource services is ridiculous. On the Planning Board whenever we have a question the Building Official always gives the same answer. "Continuity." Having outside counsel on Milani Park is a waste of money. The Town Attorney should be giving direction to the Town Commission. 3. PRESENTATIONS • Ruth Samuels -Beaches & Shores Advisory Board on Funding for Replacement Trash Cans on the Beach. Lucy Miller, Chairman -Beaches & Shores Advisory Board - We do not have a formal • presentation, but would like to ask that the town replace the trash receptacles on the beach Town Commission Workshop Minutes August 26, 2008 Page 2 of 9 • with one new and six replacement 32-gallon trash receptacles with domed lids. These trash receptacles would cost approximately $350.00 each. Comm. Trinley -This would mean that the Town is providing public trash receptacles on private property using tax dollars? We already have condos providing trash receptacles for their tenants -will those condos come back looking for the same? Town Manager Su eg; rman - It has not been a problem putting the cans on the beach, but a practice. Three or four years ago, .the Commission gave authorization to put these trash receptacles on private property. Commissioner Sorrelli -Should this be part of the special taxing district? Chairman Miller - A prior Commission gave authorization for the purchase of these cans. We are asking for replacement cans plus two additional. They will be marked Town of Highland Beach. Mayor Newill -The trash containers on the paved walkways -are they purchased and maintained by the Town? Mana eg_r Superman -They are on public property and maintained by the Town. Comm. Trinley -Will you be going back to get authorization from the property owners? Ruth Samuels - In 2005 we received responses from 8 people. We only have three of the original cans left. The new ones will be anchored so that we will not lose them in a storm. The total cost of the cans is $3,150. Comm. Sorrelli -Can't we get them from Waste Management? Mana er Su eg rman - Beaches & Shores do not want plain containers, they want special containers with the Town's name on them. Mayor Newill - Do we need to get a release from the property owners to install these trash receptacles? They talked about a stake going into the ground. Does this have the potential of someone falling? Attorney Sliney - Not a bad .idea, • especially with the stake. The problem is installing them on private property for a public benefit. Manager Su eg rman -The cans will be installed near the dune lines and walkways. Item to be included on 9/2/08 Consent Agenda. 4. BOARDS AND CONIlVIITTEES A) Board Correspondence • None B) Board Action Report • None C) Board Vacancies • Cultural Board - 3-Year Term -Have received no applications • Beaches & Shores Advisory Board Interview of Talent Bank Applicant -Linda Peterson, 3740 S. Ocean Blvd. Ms. Peterson stated that this was the second time that she had moved into Highland Beach; has volunteered with the turtle program for the past three years; and is interested in beach issues. When asked - Ms. Peterson stated that she had • discussed her application with Mrs. Miller, Chairman of the Beaches and Shores Advisory Board. Town Commission Workshop Minutes August 26, 2008 Page 3 of 9 • Appointment to be included with Sept. 2, 2008 Consent Agenda. • Planning Board -Town Clerk Brown stated that a Planning Board Meeting was canceled at the last minute due to the lack of a quorum. The lobby was filled with 30 irate residents. One member has missed 3 consecutive meetings and the policy states that this would be considered a resignation subject to automatic acceptance. Town Attorney Sliney -stated that the Section 20-26 of the Code under Planning specifically states that three unexcused consecutive absences will be considered as resignation subject to automatic acceptance. Recommend that this be put on the regular agenda for formal action. D Monthly Board Meetings • Town Commission -Aug. 7`t' -Budget Workshop - 1:30 P.M. • Beaches & Shores Advisory -Aug. 12th -Regular - 9:30 A.M • Planning Board -Aug. 13th -Regular - 9:30 A.M. • Bd. of Adjustment -Aug. 19`~ -Regular - 9:30 A.M • Town Commission -Aug. 19~' -Budget Workshop - 4:30 P.M. • Code Enforcement Board -Aug. 20th -Regular - 9:30 A.M • Cultural Advisory -Aug. 28th -Regular - 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS • A) ORDINANCE N0.08-0010 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA ADDING TO THE TOWN CODE, CHAPTER 29 ENTITLED "WATER SYSTEM," SECTION 29-25 THRU SECTION 29-31 ENTITLED CROSS CONNECTION CONTROL PROGRAM," AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 08-001 O is scheduled for Second Reading and a Public Hearing at the September 2, 2008 Regular Town Commission Meeting. No further comments by the Commission. 6. NEW BUSINESS A) Approving Participation in Florida Power & Light's Commercial Demand Reduction (CDR) Program. Town Manager Su erman -Florida Power & Light is now offering a program to commerciaUindustrial customers such as the Town of Highland Beach to participate in a load reduction program. Known as the Commercial Demand Reduction (CDR) program, any commerciaUindustrial customer that can take their own load off the FP&L system in times of heavy demand or power interruptions will be offered a reduced rate during normal usage. We could see savings upwards of 8% on our annual power bill. This could result in savings of $35,000 - $40,000 per year. We have done an analysis of how many times in a 12 year period we would have had an Town Commission Workshop Minutes _Au~ust 26, 2008 Page 4 of 9 • interruption. As it turns out, over that 12 year period (1995-2007) there would have been 19 controlled events. With an average of just one event per year, we believe that this is a great opportunity to take advantage of some potential savings on our annual electric bill. These are not sudden power outages, they would be controlled events. We would be given advanced notice from FP&L that they would like us to shed our load. We then start up our generator and go off their system during the scheduled event. Discussion -Commissioner Pa lg iaro - In addition to the initial cost of installation ($10,000), FP&L has an administration cost of $528 per month. Will it be going up every year? Mana eg r Su eg rman -This is a 5 year contract. We will need to have this answered before we agree. Attorney S1ineX -This is a very technical agreement. Will have to rely on Jack Lee that the agreement will produce monetary savings. Public Works Director Jack Lee - I will invite Rich Barber of FP&L to attend the next meeting to answer any questions that you might have. In addition, there will be some fuel costs while running the generator. Will realize an 8°Io savings over the year, but there is a penalty clause for the benefit of FP&L. When they call you to notify that you need to go off line, they generally give you 2/3 hours advance notice and it generally occurs at the end of the day. Comm. Pa liaro -What about item #9 - installation of control device? Director Lee - I put in a cost of $10,000, but it will actually be between $3/4,000.00. • Item to be carried over to Miscellaneous -Items Left Over B) Authorizing the Submittal of a Purchase Requisition for the Replacement of an AC Chiller for the Water Treatment Plant. Town Mana e~ erman -The Commission may recall from the budget workshop that we plan to purchase a second replacement AC chiller for the Water Treatment Plant during the fiscal year 2008-2009. Funds have been placed in the budget for this purchase. If approved, this will be the second replacement chiller purchased in the past twp years. The older of the two chillers was replaced during the current fiscal year. This item is being introduced at this time because the cost for this second chiller is $60,663.00 which is above the spending threshold of the Town Manager. While the new fiscal year has not begun yet, we want to submit this purchase requisition now because it will take 6-8 weeks to order the chiller and have it delivered. Item to be included on 9/2/08 Consent Agenda. C) Consideration of Contracting for Professional Services with Government Services Group of Longwood, Florida for Financial Services. Town Mana er Su erman - With the retirement of the Finance Director, and the • planned reorganization of all of the operating departments within Town Hall into one department known as the Administrative Department, it is my recommendation that Town Commission Workshop Minutes August 26, 2008 Paae 5 of 9 • the Town hire an outside, professional consulting firm to assist the Town in certain financial service activities. I had invited two major Florida firms to provide proposals for providing those services. The proposals were included with your agenda packet and are: Government Services Group, Inc. of Longwood, Florida and New Community Strategies of Davie, Florida. Both firms are professional and they would do a good job for us. Their major role will be to participate in all Town Commission meetings and to provide specific guidance to the individual who will be filling the role of Deputy Finance Director. My preference is that we accept the proposal of the Government Services Group. As has been discussed before, the update to the FY 2008-2009 draft budget has included both the cost savings we will realize with the retirement of the Finance Director, and the cost for entering into this contract for professional services. The net savings to be realized by the reorganization will exceed $68,000.00. A list of communities presently using their services was distributed. Discussion -Commissioner Trinley - Do any of these towns have a full time finance director? R ~1v - Do not know. Who will be the back-up for the Deputy Clerk? Reply -Everyone will be cross-trained. Mayor Newill - Do not like these lists as they do not provide sufficient information. Would it be possible to find out what services they provide each community? Need further information. Item to be carried over to Miscellaneous -Items Left Over • D) Consideration of Contracting for Building Official and Inspection Services with Independent Inspections, Ltd. Of Orange City, Florida. Town Mana eg r Su erman -With the retirement of the Building Official and the Multi-Line Inspector in the Building Department, it is my recommendation that the Town hire an outside professional consulting firm to assist the Town with Building Official and inspection services. I have invited two Florida companies to provide us with proposals for providing those building department services. Attached in this packet are proposals from Independent Inspections, Ltd. of Orange City, Florida and Hy-Byrd, Inc. of Lake Worth, Florida. My preference is that we accept the proposal of Independent Inspections, Ltd. This preference is based upon a number of factors, including the depth of their proposal; the fact that they will have someone working here in Highland Beach full time; they have an automated inspection scheduling and reporting system; and in the end, their proposal will most likely cost less due to the fact that Hy-Byrd's proposal is based on an hourly rate. The update to the FY 2008- 2009 draft budget document has included both the cost savings we will realize with the retirement of the Building Official and the Multi-Line Inspector and the net cost for entering into this contract for professional services. The net "savings" to be realized by the reorganization exceed $59,000.00. In addition, I asked the Town Attorney to review the proposals for legal sufficiency. His comments on the general legal nature of the proposed professional services agreement are attached. • Town Commission Workshop Minutes Aucust 26, 2008 Page 6 of 9 • Discussion -Mayor Newill -Will it speed up the process in getting a permit? Reply - The proper manpower will be scheduled to work according to the workload. Vice Mayor Zwick -What about the clerical staff? Reply -The clerical workers will not change, it only affects the retiring staff. Comm. Sorrelli -Who gets the permit fees? Reply - We split the fees 50/50. Comm. Sorrelli -What is the cost savings to the town? R Uly -Approximately $60,000.00. T'he savings will come from salaries, benefits, vehicles, gas and overhead. It is a one-year contract with a 60-day opt-out notice clause. Item to be included on 9/2/08 Consent Agenda. E. Establishing Criteria for Selection of an Interim Police Chief Town Mana eg_ r Su eg rman -Incumbent Chief of Police Carlo Angelillo is retiring on September 26, 2008. At a previous Town Commission meeting it was determined that the Commission would restrict the appointment of an interim chief from amongst the two incumbent police sergeants currently employed by the Town. The purpose of this agenda item is to have the Commission determine what criteria it wants to use in selecting one of the two current sergeants as the interim chief. Commissioners may want to consider any of the following: 1) Which, if any, of the minimum requirements either of the two sergeants' possess as listed in the job description for the position of Chief of Police; 2) Review of the candidate's personnel jackets while • employed here; 3) Ask the two candidate to submit to the Town Commission a written outline why they would want to serve as interim chief; 4) Interview both candidates either before the entire Commission or on a one-on-one basis; 5) Establish any other criteria that may be developed during this workshop meeting. Discussion: Comm. Trinlev -Which of the two sergeants works most closely with the present Chief? Chief Angelillo -Sergeant Carl works closely with me implementing programs; completing .reports; working with the turtle volunteers. Sergeant Lundberg is in charge of training and scheduling. Comm. Trinley -How long will the interim chief be in place? Mana e~ eg_rman - As of Augustr 19a', I have received up to 40 candidates. I will submit the matrix to the Commission next week. Mayor Newill -Would like to see their personnel jackets. Comm. Sorrelli - Why can't we make the decision today? Mayor Newill -Not ready to make the decision. Would like to review the personnel jackets. At this time, it would be the starting point. Mayor Newill called a ten minute break at 3:05 P.M. Meeting called back to order at 3:15 P.M. Town Commission Workshop Minutes August 26, 2008 Page 7 of 9 • F. Discussion of Retaining Outside Counsel to Assist the Town with the Milani Park Special Exception Application as a Result of Anticipated Litigation Town Man e~ erman -The Town Attorney has previously provided the Commission with materials on the topic of Palm Beach County positioning itself to undertake litigation against the Town over the Milani Park Special Exception Application. Both Mayor Newill and I have spoken with Town Attorney Sliney about the Town retaining special counsel to help the Town deal with the nuances of land use issues in this case. Tom has told me that he is receptive to having the Town hire special counsel. Town Attorney -This is a significant issue. In complete agreement with hiring associate counsel, particularly a person who specializes in land use. Mana eg_r Superman - On August 21, 2008 spoke before the County Commission requesting that they not approve the Resolution authorizing the County Attorney to initiate litigation against the Town, to no avail. The vote was 6-0 to initiate the litigation if necessary. Manor Newill - At the County Commissions' meeting, there were a number of unfair and unpleasant comments directed towards the Town Manager. Town Manager Su eg_rman -Stated that the County allows speakers to speak for three minutes. I requested additional time to complete my remarks. The County Commissior stated that my comments were childish and were not worthy of their consideration. Comm. Sorrelli -Ten years ago, the same thing happened. Why do we need to hire someone from the outside? Town Attorney Sliney- Land use is a specialty -both procedural and technical. The County does not realize there are a lot of different ways to have a park. It is of significant importance to the town that we provide the citizens with the best representation available. Not making a recommendation for any specific law firm. Item to be included on 9/2/08 Consent Agenda. 7. MISCELLANEOUS -ITEMS LEFT OVER A) Review of Format and Establishment of a Schedule for the Milani Park Special Exception Application from Palm Beach County -TABLED. Town Mana eg r Su erman - Is anyone prepared to make a motion to remove this item from the table? Vice Mayor Zwick - Do we need to set up a schedule of meetings? Town Attorney Sliney -That is why we need to hire outside counsel to get his input. Vice Mayor Zwick -Then we need to stick to our original motion. • No action taken. Town Commission Workshop Minutes August 26, 2008 Pa e 8 of 9 U B) Minutes Approval Special Meeting -July 29, 2008 Regular Meeting -August 5, 2008 Budget Workshop -August 5, 2008 Item to be included on 9/2/08 Consent Agenda. 8. REPORTS -TOWN COMMISSION • Commissioner Pagliaro - No Report • Commissioner Sorrelli - No Report • Commissioner Trinley - No Report • Vice Mayor Zwick - No Report • Mayor Newill - No Report 9. REPORTS -TOWN ATTORNEY • No Report 10. REPORTS -TOWN MANAGER • No Report 11. CONSENT AGENDA • None 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Amy Patrick -Assistant County Commission The decision made by the County Commission to go forward with litigation was due to the item being "tabled" and not scheduled for a public hearing. We are interested in hearing what the public and the Commission have to say. We are entitled to a public hearing, and if delayed any longer will result in a law suit. Joe Yucht -Boca Highlands A)Trash containers on beach - If there is going to be a storm, can't someone just remove them? B) How much does it cost to run the generator? C) Milani Park.- Does the Town have an insurance policy that will cover the cost of a law suit? D) The County just said all they want is a scheduled public hearing. Why don't you schedule one for January. Town Commission Workshop Minutes August 26, 2008 Pale 9 of 9 Lucy Miller - 3301 S. Ocean Boulevard It is not in the best interest of the Town to schedule a public hearing when half the town is not present. Schedule it in 3anuary so that everyone can get a chance to speak. If we appoint an acting chief -will that person also be considered for that vacancy? Mayor Newill - If they meet the qualifications, they will be considered. 13. ADJOURNMENT There being no further business to come before the Commission. Mayor Newill adjourned the Workshop Meeting at 3:45 P.M. upon a MOTION by Commissioner Sorrelli seconded by Commissioner Pagliaro. APPROVE: ° f Jim Newil , PA, Mayor ~,, ~ .~~ ~ti1~~~1G~-' f `~ J Miriam S. Zwick, Vicfc` ayor Doris M. Trinley, Commissioner ATTEST: Be"verly M/B~~pbwn, MMC,'Town Clerk Date: y ( ~ ~ ~ c~ -~----