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2009.03.31_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday March 31 2009 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 submitted. 2. PUBLIC COIVIlVIENTS AND REQUESTS Seymour Strauss -Boca Highlands A concert was presented at St. Lucy's by the Lyric Chamber Orchestra this past weekend with 200 people in attendance. I had requested that this be advertised on Channel 97 to no avail. Please put your heads together to come up with an idea in assisting us to get exposure on Channel 97. Channel 97 is very boring and the Town should incorporate some of these events into it. Dennis Sheridan - 3114 S Ocean Blvd. I was a novice during this last campaign. My wife and I did not know what to expect, nor had any prior experience. All the candidates from day one to the end of the campaign were friendly, courteous and helpful. It is my privilege to congratulate Miriam Zwick and John Pagliaro. Town Commission Workshop Minutes March 31, 2009 Pa e 2 of 8 3. PRESENTATIONS A) Status Report on the 2007-2008 Annual Audit Town Mana er Su erman -The Town staff, working in conjunction with the Town's external auditors are wrapping up the annual audit for the fiscal year which ended on September 30, 2008. I have asked Jon Williams, Finance Director to attend the Commission meeting to give the Commission a verbal update on where the annual audit stands and to answer any questions Commissioners might have about the audit process. Jon Williams, Finance Director -The Town's assets exceeded its liabilities by $13.2 million, an increase of $1.2 million over the prior year's ending net assets. The business-type activities experienced an increase in revenues of $177,000. Expenses increased by $350,000. The Water and Sewer Funds had a combined operating loss of $892,954 compared to an operating loss of $875,901 for the prior year. The General Fund unreserved fund balance on September 30, 2008 was $4.9 million, an increase of $825,980 from the previous year. The Town's Auditors will make a formal presentation at the Apri128`~ Commission Workshop. I would like to recognize the efforts of Cale Curtis, Deputy Finance Director for all the work he has put into completing this audit. Mavor Newill requested that the Commission receive their copy of the audit prior to the workshop meeting. B) Departmental Status Report Town Mana eg r Su erman - As we approach the end of March and what has traditionally been the end of our "season" here in Highland Beach, Chief Hartman will have been on the job for near three months. I have asked him to come to the Commission Workshop meeting and give us an update on activities within the Police Department. Chief Craig Hartmann - Statistics for the first three months of this year compared to the same period last year are: Accidents - 2008 there were 17, in 2009 the number increased to 25; Alarms - 2008 there were 53, in 2009 decreased to 30; Medical emergencies - 2008 we had 74, in 2009 it decreased to 66; traffic citations - 2008 we issued 57, in 2009 the number increased to 165. I am a strong believer in community policing and have been out meeting with both condo and homeowner associations to build strong relationships and partnerships within the community. Have met individually with each officer and have been reviewing the agencies policies and procedures to see where we can improve. Also reviewing our resources and technology. My priorities are: 1) safety and security of the community; 2) traffic and crosswalk safety; and 3) community policing efforts. Mavor Newill - I am constantly receiving emails and phone calls about speeding, passing on right, parking on the grass, transporter arriving at night and crosswalks. The Commission has made it clear; they would like to see more enforcement. We previously received weekly Town Commission Workshop Minutes March 31, 2009 Page 3 of 8 reports from the Chief, but have not received any of late. Chief Hartmann -The transporter broke down, that is why it was parked overnight. We are looking into ways to make an impact on the concerns of the Commission. Not everyone understands the regulations regarding crosswalks. In addition, we are modifying the reports submitted to the Commission. Commissioner Trinley -Would like to see an ordinance penalizing repeat false alarm offenders. Mayor Newill - Do we have any hand held radar devices? How often is radar used? Chief Hartmann - We are in the process of purchasing a hand held unit. Comm. Sorrelli- Are the tickets being issued to residents or non-residents? Chief Hartmann - No analysis has been done on that comparison. C) Update on the Draft Evaluation and Appraisal Report (EAR) Town Mana eg_ r Sum -The Town Commission may recall that in January of this year, we sent our draft Evaluation and Appraisal Report (EAR) to the Department of Community Affairs (DCA) to obtain their comments. We have now heard back from them and they only had one comment dealing with our population growth projections. We have modified one paragraph in Chapter 1 of the EAR to satisfy that comment. There are two more steps involved in completing the requirements before we can submit the final EAR to DCA. First, our Local Planning Agency (Town Commission) must meet to review the final draft EAR and then make a recommendation to the Town Commission. We will schedule a meeting of the Local Planning Agency (LPA) immediately before the regular Commission meeting on Apri17'~. The Local Planning Agency will have to hold an actual public hearing where the public is allowed to offer testimony on the draft Evaluation and Appraisal Report. After the public hearing is closed, the LPA will need to make a recommendation (via a motion, second, discussion and a vote) to the Town Commission on the final draft Evaluation and Appraisal Report. The second step in the process is that the LPA's recommendation on the EAR is then moved over to the agenda of the Town Commission. The Town Commission will receive the report and recommendation of the LPA, and the Town Commission will then need to adopt a Resolution transmitting the final draft EAR to the DCA. No additional comments or questions. 4. BOARDS AND COMIVIITTEES A) Board Correspondence None B) Board Action Report None C) Board Vacancies Code Enforcement Board -Two unexpired terms Town Commission Workshop Minutes March 31, 2009 Page 4 of 8 D) Monthly Board Meetings • Planning Board -Apr. 8~' -Regular -Canceled • Planning Board -Apr. 8`t' -Workshop - 9:30 A.M. • Beaches & Shores Advisory -Apr. 14th -Regular - 9:30 A.M • Code Enforcement Board -Apr. 15th -Regular - 9:30 A.M. • Bd. of Adjustment -Apr. 21st -Regular - 9:30 A.M. • Cultural Advisory -Apr. 23rd -Regular - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS A) ORDINANCE N0.08-002 O - (Second Reading & Public Hearing 4/7/09) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA TO ADOPT A 20-YEAR WATER SUPPLY WORK PLAN AND TO AMEND THE TOWN COMPREHENSIVE PLAN TO STRENGTHEN COORDINATION BETWEEN WATER SUPPLY AND LOCAL LAND USE PLANNING; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING FOR INCLUSION; PROVIDING FOR REPEAL OF CONFLICTS; PROVIDING FOR SERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING HELD ON AUGUST 5, 2008) After the Town Clerk read the title of the ordinance into the record, Mavor Newill asked for Commission comments. Not receiving any comments, he stated Ordinance No. 08-002 O would be heard on second reading at the April 7~', 2009 Regular Meeting. B) ORDINANCE N0.09-001 O - (Second Reading and Public Hearing 4/7/09) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CODE SECTIONS 24-1 AND 24-3 OF CHAPTER 24 SOLID WASTE OF THE CODE OF ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING HELD ON MARCH 3, 2009) After the Town Clerk read the title of the ordinance into the record, Mayor Newill asked for Commission comments. Commissioner Trinley inquired how are we going to notify residents? Mana er Sugerman stated notices would go out with the bi-monthly bills and an article would be included in the Highlander. Mavor Newill stated that Ordinance No. 09-001 O would be heard on second reading at the Apri17`~, 2009 Regular Meeting. C) ORDINANCE N0.09-002 O - (Second Reading and Public Hearing 4/7/09) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROHIBITING CERTAIN OBSTRUCTIONS IN THE STATE ROAD A-1-A RIGHT OF WAY AND AMENDING CODE SECTIONS 17-2 AND 17-5 OF CHAPTER 17 NUISANCES OF THE CODE OF ORDINANCES AND AMENDING THE CODE SECTION 2-98 UNDER CHAPTER 2 ADMINISTRATION ARTICLE V CODE ENFORCEMENT BOARD AND PROVIDING FOR AN EFFECTIVE DATE. (FIIZST READING HELD ON MARCH 3, 2009) Town Commission Workshop Minutes March 31, 2009 Page 5 of 8 After the Town Clerk read the title of the ordinance into the record, Mayor Newill asked for Commission comments. Commissioner Pa liaro asked to include in Section 1 -wooden sticks and PCP pipe. Town Attorney Sliney stated he would review it prior to the agenda being distributed. In addition, in Section 2 and Section 3, where it states Code Enforcement Board, include and/or Special Magistrate. Mayor Newill stated that Ordinance No. 09-002 O would be heard on second reading at the Apri17~', 2009 Regular Meeting. 6. NEW BUSINESS A) Mid-Year Budget Adjustments Town Mana er Su erman -Each year, during the month of April, my office provides the Town Commission with a list of items that need to be considered as adjustments at the mid- point of the current annual operating budget. They are: 1) When this year's budget was developed by the former Police Chief, he did not include an invoice from Palm Beach County for yearly maintenance, renewal & replacements, and aone-time set up fee for radios in the Police Department. That bill came shortly after the fiscal year. We asked Palm Beach County if we could hold off paying until the mid-year budget adjustment. The total bill is $39,946.70. 2) When this year's budget was developed, we put $60,000 in the Town Commission budget for our professional services contracts for our experts on the Milani Park project. It appears that we will need an additional $50,000 to get us through the entire project. The costs for our professional contracts will be recoverable through the County. This is one of the conditions of approval. 3) After this year's budget was approved, we determined that we needed to put into place a better asset management control system. We have purchased an asset tagging and scanning system for the Finance Department. However, we do not have enough funds in the machinery and equipment line item of that departmental budget. The line item needs to be increased by $1,095 which is the cost of the scanner. Funds to cover the expense of these three items will have to be taken from the Reserve for Contingency. 4) For this budget year, the Cultural Board did not submit a budget. Therefore, I had to guess as to how much they were going to spend during the fiscal year. The board has been more active in their spending that I anticipated, therefore, they will need an additional appropriation of $7,500 to get them through the balance of the budget year. Funds to cover this expense will be taken from the Fund Balance of the Cultural Board. Appropriations for Construction Projects: There are two construction projects that are on the Towns' near-term radar screen. Neither of these projects have been budgeted, because at the time of the creation of the current budget, it was not know if these two construction project whould be undertaken. 5) $4,200,000 for the SR AlA water transmission line replacement project. This appropriation would be budgeted in the Capital Projects budget. Funds to cover the expense for awarding a construction contract may be taken from a variety of sources that are yet to be clearly defined. Potential sources for the appropriation could come from ashort-term construction loan, by borrowing from ourselves, or by obtaining federal fiscal stimulus money. The borrowing would just be for the short term to get us through the construction period. We would then convert the construction loan into alonger-term debt which would be serviced by the voter approved ad valorem tax revenues. 6) $875,000 for Town Commission Workshop Minutes March 31, 2009 Pa e 6 of 8 the proposed SR AlA 5' sidewalk replacement project. This project will only go if the Town is able to get federal fiscal stimulus money. It has been indicated that the Town could be eligible for a State of Florida Department of Transportation grant for $750,000. If that were the case, the Town would be responsible for paying the difference of $125,000 not covered by the federal fiscal stimulus grant. Funds to cover the Town's $125,000 portion of this project could be taken from the Open Space and Recreation Land Fund which as of February 28, 2009 had a balance of $183,913.73. The balance in the Reserve for Contingency after the mid-year adjustments will be $478,241.83. Mayor Newill -The last few years, the Cultural Board has not submitted a budget. If we did not approve this transfer, programs would come to a standstill. They need to understand that the Commission wants to support them, but they need to participate in the budget process. Is there any money going into the Open Space and Recreation Land Fund? Mana er Su eg rman - Presently, just interest. When a new unit is built, there is a $1,000 fee that is paid into this account. Comm. Trinley -This "fund" began with Mayor Stewart. B) Designation of a Voting Delegate and Alternate(s) to the Palm Beach County League of Cities, Inc. Town Mana eg r Su erman -Each year, the Town must take a formal action of the Commission to designate our voting delegate and alternate(s) to the Palm Beach County League of Cities, Inc. Traditionally, we have designated the Mayor as the Town's delegate, with all of the other members of the Commission, as well as the Town Manager, as the alternates. The item is being introduced at the workshop meeting for the purpose of discussion. Once there is a consensus as to who will be the Town's voting delegate, we will place the item on the Consent Agenda. In addition, Mayor Newill has been nominated to serve on the Board of Directors of the Palm Beach County League of Cities. The election will take place next month. It is a great honor for both Mayor Newill and the Town of Highland Beach. Consensus to designate Mayor Newill as the voting delegate and the other members of the commission and the Town Manager as the alternates. Item to be included on the April 7~' consent agenda. C) Amending the Code to Authorize the Appointment of a Special Magistrate for Code Enforcement Matters Town Mana er Su ems- As discussed during recent meetings, I have drafted legislation which will authorize the creation of the position of Special Magistrate for the purpose of conducting code enforcement hearings. The draft legislation does the following: 1) It keeps the Code Enforcement Board option "on the books" in that the language for a Code Enforcement Board has not been eliminated. 2) It authorizes the use of a Special Magistrate as an alternative to the Code Enforcement Board. The Special Magistrate must be an attorney admitted to the Florida Bar. 3) The draft ordinance also clarifies how code enforcement liens are applied. In the case of liens, the draft ordinance modifies how long liens can be kept on the "books" from 5 years to 20 years. 4) The draft ordinance stipulates Town Commission Workshop Minutes March 31.2009 Page 7 of 8 that while code enforcement fines may be waived, administrative costs associated with prosecuting cases may not be waived. Commissioner Sorrelli -When meetings are canceled, do these people still get paid? Reply - If they have shown up. Mayor Newill - It will be income producing. Providing us with income that we are not currently receiving. Comm. Pa liaro -Does anyone know why no one has applied for this Board? Town Attorney Sliney -Town Manager did a good job on this ordinance. Have only one change and will give that to the Town Clerk. Can schedule for first reading at next weeks meeting. Vice Mayor Zwick -Need to encourage residents to submit application to Talent Bank. This is where we need some assistance from-the media. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Minutes February 24, 2009 -Workshop Meeting March 3, 2009 -Regular Meeting Minutes to be included on the April 7th consent agenda. 8. REPORTS -TOWN COIVIlVIISSION Commissioner John Pa lg iaro - No Report. Commissioner John Sorrelli - No Report. Commissioner Trinlev - No Report. Vice Mayor Zwick -During this past election, electioneering signs appeared as soon as individuals became qualified. When I ran for office five years ago, we only put the signs up for two weeks prior to the election. Wondering if we can include a time limit in the Code, or would this be considered a barrier to free speech? In addition, would also like to limit the number of signs one candidate can display. Is the Commission interested in pursuing this? Can our legal advisor investigate the ramifications? Mayor Newill -Agree with your concerns. Do not think we can regulate the signs on private property. Town Attorne Shy - Think there are problems with both items. Will look into it further and give a report. Mayor Newill - No Report, but would like to mention that former Mayor Harold Hagelmann is scheduled to have by-pass surgery tomorrow. 9. REPORTS -TOWN ATTORNEY No Report. Town Commission Workshop Minutes March 31 2009 Pa e 8 of 8 10. REPORTS -TOWN MANAGER No Report. 11. CONSENT AGENDA None 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Allen Teller - If a Board is in existence, and the Commission does not agree with the Board, you do not eliminate the Board. 13. AD TOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Workshop Meeting at 3:00 P.M. upon a MOTION by Commissioner Sorrelli seconded by Commissioner Pa liaro. APPROVE: r 1 ~-~ Jim will, CPA, Mayor vfiG~ Miri S. ZwAAick, V' ayor Doris M. Trinley, Commissioner TTEST: Beverly M. Br n, MMC, Town Clerk Date: _ ~i, _ ~~ ~G d'