1990.07.24_TC_Minutes_Specialf
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
SPECIAL MEETING
Tuesday, July 24, 19941 1:30 P.M.
Mayor Joseph A. Boulay called the Special Meeting of the Town Commission
of the Town of Highland Beach, Florida, to order at 1:30 P.M. in the
Commission Chambers at Town Hall. Others present were Commissioners
Marvin A. Waldman, Betty Jean Stewart and Harold C. .Chambers. Absent
was Vice Mayor Bill Paul.
Also in attendance were Town Manager Mary Ann Mariano, Chief Accounting
Officer Michael Seaman, Town Clerk Anne M. Kowals and members of the
general public.
Mayor Boulay noted that this Special Meeting was called for the purpose
of setting a tentative millage rate for the 1990/91 fiscal year budget
for submission to the Palm Beach County Property Appraiser. The Mayor
further noted that an additional Workshop Meeting may be scheduled with-
in the next six weeks with regard to the budget and two Public Hearings
will be held prior to adoption; with the first Public Hearing scheduled
for Friday, September 7, 1990 at 5:01 P.M. Following Mayor Boulay's
. noting of Agenda Item No. 2 "And such other unfinished business as the
Commission sees fit to address at this meeting", COMMISSIONER STEWART/
COMMISSIONER CHAMBERS MOVED to adopt the Agenda as written. Same
carried without objection.
Mayor Boulay congratulated Michael Seaman (who was present to address
any questions raised by the Town Commission) on his recent promotion to
the position of Chief Accounting Officer. At this point, Town Manager
Mariano was requested to comment on the proposed 1990/91 f.y. budget.
Town Manager Mariano, reiterating the fact that this meeting was set to
adopt a tentative millage rate for the 1990/91 fiscal year, noted each
Member received the proposed budget which includes amounts for personal
services based on policies adopted by the Town Commission. The Town
Manager also noted that there are a few capital items that are necessary
to maintain the quality of service that the Town residents have come to
depend on; to set the tentative millage, several items need to be ad-
dressed. The proposed general operating budget would require a millage
of 3.1645 which includes 1.7890 mils for fire/rescue and .4043 for debt
service. This reflects an increase of .4728 mils over the current year.
It was further noted that the Members also received a list of optional
items which, if taxed for separately, could increase the millage an
additional .1619. The Town Manager advised that, in the general operat-
ing budget, the Town has always maintained a reserve fund balance which,
if the Commission feels appropriate, can be reduced to allocate funds
for any of the optional items, rather than increasing the millage. Town
Manager Mariano noted that the Commission should keep in mind during
budget deliberations that the tentative millage set out today can not be
increase but may be decreased prior to adoption of the budget.
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Town Commission Special Meeting Minutes
July 24, 1990
Page 2 of 6
It was noted that recommendations from the Financial Advisory Board re-
garding the proposed budget for f.y. 1990/91 were transmitted to the
Town Commission in a memorandum dated July 18, 1990.
After brief discussion of the Town Manager's recommendation for millage
necessary to cover the general operating budget, as well as discussion
of those optional items contained in a July 19, 1990 memorandum, the
following MOTION was made by COMMISSIONER CHAMBERS/COMMISSIONER WALDMAN:
"to adopt a millage rate of 3.2651 knowing that we are
going to come in substantially lower; but, at the same
time, meeting our obligations of the State".
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Following discussion of said MOTION, COMMISSIONER CHAMBERS AMENDED SAME
to use a millage rate of 3.2454. The AMENDMENT was SECONDED by COMMIS-
SIONER WALDMAN.
A roll call vote resulted as follows:
Commissioner Waldman "AYE" Commissioner Chambers "AYE"
Commissioner Stewart "NO" Mayor Boulay "AYE"
Mayor Boulay noted that the Commission has adopted a proposed millage
rate of 3.2454 to be further discussed in the budget procedure. At the
suggestion of the Town Manager, the Mayor announced the first Public
Hearing (for public in-put) regarding the budget is scheduled for
Friday, September 7, 1990 at 5:01 P.M.
Following discussion regarding the scheduling of a budget Workshop
Meeting at which at least four Commission Members would be present to
re-address the optional items, the Town Commission agreed to hold said
budget Workshop Meeting on Monday, August 27, 1990 at 9:30 A.M.
Commissioner Stewart's inquiry as to whether the budget Workshop Meeting
will be televised led to a discussion of the matter which resulted in
Commissioner Chambers stating that he would like to set a policy today
that only embraces the live televising and subsequent replay of Town
Commission Meeting, regardless of when they occur; and, COMMISSIONER
CHAMBERS MOVED "that we televise all Meetings of the Town Commission
whenever they may be; and, if we have an equipment problem, then it
won't get televised. But short of an equipment problem where something
isn't working, I think we should televise those Meetings to the
residents (they deserve it, we promised them that, we did it for a while
then all of a sudden we stopped So, I move that we do that". For
purposes of discussion, COMMISSIONER STEWART SECONDED the MOTION. Com-
missioner Stewart noted that she is concerned with who will handle the
business of scheduling as well as the rebroadcasting; or, will they just
be broadcast live with no re-taping. Commissioner Chambers, in response
to Commissioner Stewart's comment, noted that he would be happy
Town Commission Special Meeting Minutes
July 24, 1990
• Page 3 of 6
without rerunning the tapes (he would like to see them rerun if it can
be done conveniently for the Town employees); but until such time, he
would be comfortable with just the live broadcast and not do the re-
play. Mayor Boulay noted that this matter has been moved to the July
Workshop Meeting for further discussion regarding the televising of the
Regular evening Meeting live and rebroadcasting it the next day; then,
the Workshop Meeting would be televised live and rebroadcast that night.
The Mayor further noted that in the absence of a specific recommendation
from the Town Attorney (and no specific policy), the proposed policy
submitted by Commissioner Chambers was delayed and will be included on
the July Workshop Meeting Agenda. The Town Manager commented that there
is no problem with turning on a switch for live broadcasting; however, a
policy is needed with regard to video tapes being made by an individual
and not the Town. When Mayor Boulay called for a roll call vote on the
MOTION on the floor, it was noted that same was limited to broadcasting
live only. When Commissioner Stewart commented that we will not be
recording any tapes in Town; we will not have any equipment in Town, the
Mayor stated the Town does not own VCR equipment, the Town has a loan of
a VCR unit from Commissioner Chambers. The Mayor reiterated that, in
the absence of the Town Attorney and with this matter scheduled to be
addressed at the July Workshop Meeting is the reason for the Mayor's
objection to this matter.
• The roll call vote resulted as follows:
Commissioner Chambers "YES" Commissioner Stewart "defer to
Commissioner Waldman "YES" to the July Workshop Meeting"
Mayor Boulay "NO,
for reasons I stated"
Commissioner Chambers noted that he is concerned about the newsletter
and he stated that he originally moved for the adoption of expanding
same; however, he can not support the newsletter the way it currently is
(i.e., promotion of a Town golf tournament) and he would just as soon
see it abandoned until we get a little further into the budget year.
Commissioner Chambers, noting meetings have been going on between the
Town Manager and the Delray Beach Town Manager regarding the Fire/Rescue
matter, proceeded to question the Town Manager relative to such meet-
ings. The Town Manager stated that she did not think it would be the
appropriate format for discussion of these matters at this time. Under
the code, it is up to the Town Manager to bring recommendations to the
Town Commission. Town Manager Mariano commented that until she is ready
to do so, the work products and those things need to be kept within the
administrative offices. The Town Manager advised that she is willing to
speak with any of the Town Commissioners individually in her office with
regard to this matter but she is not at liberty to make any comments at
this time with regard to the issue. Commissioner Chambers asked the
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Town Commission Special Meeting Minutes
July 24, 1990
Page 4 of 6
Town Manager if she could explain what statutory right she has to pre-
clude that information from coming to the Town Commission--I want to
know when and what meetings have taken place on probably the largest
expenditure the Town has. Town Manager Mariano reiterated that she is
not in a position to report that to the Town Commission at this time; I
have no other comment on that discussion. Mayor Boulay interjected that
there are other personalities involved, other cities involved which
might not be willing to divulge their talks at this time either.
Commissioner Chambers stated that Florida has a Sunshine law and all
those meetings are subject to Sunshine; you can't just say they didn't
happen - the information (all documents in Town Hall are subject to
scrutiny by the public). The Town Manager, in response to questioning
by the Commissioner, stated she and the Delray Beach Town Manager did
meet with regard to Fire/Rescue and, at this time, Mrs. Mariano had no
other comments to make with regard to Fire/Rescue and negotiations with
surrounding Towns. When the Commissioner questioned if the Town Commis-
sion directed the Town Manager to negotiate with the City of Delray
Beach, Town Manager Mariano responded that the meetings are on a
managerial level, they are purely administrative in nature and it is
believed that the Town Commission does not have to direct the Town
Manager with regard to fact-finding meetings between City Managers. The
Commissioner commented that changing from Palm Beach County to Delray
would be a major policy shift on the Town. Town Manager Mariano, noting
Commissioner Chambers' comment was correct, added that she did not ask
the Town Commission to consider such policy; to which the Commissioner
responded "but, we haven't directed you to do that, either". The Town
Manager replied that she does not believe the Town Commission needs to
do so and, reiterated that she would not discuss this matter at this
meeting.
Commissioner Stewart commented that she does not support the bulletin in
the new design or format and would like to propose that in a MOTION that
if any bulletin is sent out, that it is sent out in the previous format
and not in the one that was just recently proposed. Commissioner
Chambers added "and the content approved by the Town Commission". Com-
missioner Stewart response was "Yes". COMMISSIONER STEWART'S MOTION was
SECONDED by COMMISSIONER WALDMAN.
Mayor Boulay noted that he would entertain comment from the Members of
the Town Commission as well as Members of the Audience with regard to
the present MOTION on the floor.
Mr. Philip Colman, developer/resident of Villa Magna, recognized by the
Chair, commented that inasmuch this item affects the public, the
decision as to whether it will be made available should be open for
discussion at a public hearing at which time the public would have the
opportunity to comment. Mr. Colman noted that he is in favor of the
bulletin and, while he is in favor of the live broadcasts, he does not
a
• Town Commission Special Meeting Minutes
July 24, 1990
Page 5 of 6
know how many people watch those live broadcasts; on the other hand, the
bulletin is circulated throughout and it is his suggestion that the
public be heard at a public hearing before a decision on this particular
item is made. Commissioner Stewart noted that the Town will continue
the bulletin; the MOTION is not to stop the bulletin. Mayor Boulay
noted that the change in format was proposed by the Vice Mayor who is
not in attendance to give his comment. A roll call vote resulted as
follows:
Commissioner Stewart "FOR" Commissioner Waldman "AYE"
Commissioner Chambers "AYE" Mayor Boulay "NO"
Commissioner Chambers commented that the Agenda Action Report seems to
be a defacto document of the Minutes of the Meeting; it is a public
document that is prepared without review by the Town Commission. The
Commissioner stated he would like to shrink the Agenda Action Report
which would advise the department heads of what action was taken by the
Town Commission. The Town Manager noted that when the Agenda Action
Report first came into being, it was not only for department heads; it
was for board members who like to know what is going on with the Town
• Commission--it is a document that is based on fact and it is used in the
preparation of the Minutes. The document does indicate that it is a
summary of the action taken by the Town Commission at its Meeting. It
was noted that many residents come into Town Hall requesting the Agenda
Action Report following the Town Commission Meetings.
Commissioner Waldman, stating that he believes the Town Commission is
the deciding power in this Town and, as such, the Members should be
privy to all information that is going on in Town in order for us to
make decisions, noted his annoyance regarding any meetings that concern
the Town Commission. The Commissioner further commented that there are
enough problems with the Town Commission without having the public jump
in and comment periodically during the Meetings. The Mayor noted that
it has been his policy to allow members of the audience to contribute
anything constructive to the Meetings; they are allowed to speak within
bounds.
Commissioner Stewart, offering a suggestion, noted that one thing that
helps a Commission or Committee do its job is a somewhat, tolerant,
mutual respect of one another. Perhaps, when the Mayor would like to
recognize someone from the audience to be heard, you might ask us if we
are willing to listen.
Mayor Boulay, noting his appreciation for the comments by the Commis-
sioners, stated that, as long as he is within the bounds of propriety,
he will not change with regard to allowing the public to speak at the
Meetings.
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Town Commission Special Meeting Minutes
July 24, 199
..Page 6 of 6
Town Manager Mariano stated, for the record, that she certainly will
follow directives from the Town Commission, however, she feels that she
would be remiss in disseminating any incomplete, unverified, inaccurate
information to the Town Commission with regard to any administrative
matters that she may have going on, until such time that she, as the
Town Manager, has any solid recommendations to make to the Town
Commission. Some of the administrative meetings that the Town Manager
has had did not include the governing bodies of some of the people that
she was dealing with; they were fact finding information (the same as
some of our elected officials and other Managers and other elected
officials do all the time). Town Manager Mariano noted that she will
certainly bring any solid information to the Town Commission.
In response to the Town Manager's statement, Commissioner Chambers noted
that, as a result of the meetings with Delray regarding Fire/Rescue
which may result in a proposal for the Town to change from Palm Beach
County, the Town Manager is not allowing the Commission to look at the
thought process and the way in which those recommendations are arrived
at. The Town Manager stated that she does not want the governing bodies
of the surrounding communities to read what our facts are in the news-
pager as it would not be appropriate. Mayor Boulay noted that there can
be sensitive discussion held between Town Managers of different Cities
which may be such that, involving others (Commissioners, Town Managers,
etc.), might not sit well with the persons one is talking with; and,
therefore, the Mayor advised that he supports the Town Manager who has a
job to do and is trying to do it - when the Town Manager has concrete
information, she will submit same to the Town Commission.
There being no further business to come before the Town Commission at
this time, Mayor Boulay adjourned the Special Meeting of the Town
Commission at 3:35 P.M. c
APPROVED: :~~ ~ ~ r' `,~-
~oseph A Boulay, Mayor ~
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(Absent)
Bill Paul, Vice Mayor
Ma in A. Wa dma , Commissioner~~
Be e n St ~ Commissioner
ar 1 Cha s, commissioner