2009.05.26_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesda~y 26, 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 COMMENTS AND REQUESTS Joseph Yucht -Boca Highlands This evening, I will be attending the quarterly meeting of the Boca Raton Airport Advisory Authority. If anyone has anything they would like me to bring up, please let me know. The complaints are decreasing. The newer jets are quiet. Commissioner Pa lg iaro -The north end of Highland Beach seems to get most of the runway traffic. Is there any particular reason for that? Reply -Coming off the major runway, at 500 feet, they turn to the left to follow 95 for short flights towards Georgia and go out over the ocean for longer flights. Not much we can do about that. There are no regulations for helicopters. Town Commission Workshop Minutes May 26, 2009 Page 2 of 8 3. PRESENTATIONS A) Alarm Ordinance Update Chief Craig Hartmann -The town has been studying the issue of false alarms for sometime. I was asked to research the issue and provide a recommendation. Based on the information found in the research, I do not believe an alarm ordinance is necessary or that an ordinance will have an impact on the limited number of false alarm violations. In the past four years, the police have responded to the following number of false alarms: Year 2005 2006 2007 2008 False Alarms 283 230 190 225 As you can see, there is limited fluctuation from year to information, we cannot determine the cause for the slight change that the police department responds to multiple false alarms year. With limited record There may be a perception a day. But in reality, the statistics reveal that on an average there is less than one a day. If the town enacted an ordinance that started a fine process at $25.00 for false alarms after the third response, the fees collected would be minimal and in reality would not cover the administrative costs incurred to process the cases. The research reveals that there are minimal occurrences that would rise to a level of a violation and therefore in my opinion would not warrant the need to develop a false alarm ordinance. Commissioner Sorrelli -When there are multiple fire alarms at one address, how are they recorded? How are they fined? Town Manager Su eg_rman -Presently there are no fines. The concept is whether the Commission wants a false alarm ordinance or not. It would require residents to register and pay a fee. Do we have enough false alarms to generate an ordinance? The Chief is suggesting that there are not enough false alarms to require an ordinance. Since our statistics are not clear, he will investigate further. Commission Pa lg iaro -Possible alternative would be for those residents with multiple false alarms, rather than fining them, require them to have their alarm company come in and do an evaluation. Town Attorney Sliney - I would prefer the Chief deal with the major offenders. If that doesn't work, then we can address it. Commissioner Trinley -The fee is minimal. In reality, it would not cover the administrative costs. 4. BOARDS AND COMMITTEES A) Board Correspondence • None Town Commission Workshop Minutes May 26, 2009 Pale 3 of 8 B) Board Action Report • None C) Board Vacancies • Beaches & Shores -One Unexpired Term D) Monthly Board Meetings • Cultural Advisory Board -June 4th - In place of May Meeting - 9:30 A.M. • Beaches & Shores Advisory Board -June 9th -Regular - 9:30 A.M. • Planning Board -June 10th -Canceled • Bd. of Adjustment -June 16th -Regular - 9:30 A.M. • Code Enforcement Board -June 17th -Regular - 9:30 A.M. • Planning Board -June 23rd -Special - 9:00 A.M. • Cultural Advisory -June 25th -Regular - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS None 6. NEW BUSINESS A) Amending the Town's Purchasing Policy Town Mana er Su eg rman - As a result of the management comments submitted to us by the Town's External Auditors in the 2007-2008 Comprehensive Annual Financial Report, we are proposing to make a number of modifications to the Town's Purchasing Policy. For the most part, there are three general modifications. First, the policy now recognizes the title of Deputy Finance Director. Second, the policy clarifies how blanket purchase orders can be used. Third, the policy establishes the use of an Approved Vendors List for certain types of purchases. Other changes have been made to the written policy; however all of those changes were limited to changes in grammar and syntax only. These grammar and syntax changes do not have any substantive impact on the policy. Vice Mayor Zwick - On Page 4 -Approved Vendors List -the inclusion of "approved vendors list" in the last paragraph is redundant. Rep1v -Will delete last sentence. Item to be included on June 2, 2009 Consent Agenda. i. Authorizing the Mayor to Sign a Participation Agreement with the Florida Municipal Investment Trust Town Manager Su eg rman -Representatives from the Florida Municipal Investment Trust made a presentation at our last meeting on a new investment instrument being made available to Florida local governments through Florida League of Cities. The particular product is identified as the FM1vT 0-2 Year High Quality Bond Fund. This fund is designed to allow municipalities to purchase, through the Trust, a proportional share of 30 year, fixed income bonds, where the bonds are redeemed within the first two years of their life. At present, all of the Town's investments are on deposit with Qualified Public Depository banks pursuant to Town Commission Workshop Minutes May 26, 2009 Page 4 of 8 Section 280 of the Florida State Statutes. There is another section of Florida State Statutes which allows municipal government to invest in instruments that are not regulated under Section 280. The FM1vT is regulated by Section 218 of the Florida State Statutes, and there is a distinction between these two investment tools. The FM1vT portfolios are collateralized by the securities that are owned by each portfolio and all securities are held with an external custodial bank. As a member of the Trust and participant in a portfolio, the Town of Highland Beach would own shares of the portfolio that are backed by the underlying securities that are held by the custodian. Vice Mayor Zwick -The money that the Town invests, will it be part of the state investment trust? Reply -Separate and distinct. Vice Mavor Zwick -Does this mean we will take money out of current investments? Reply - Take it from current investments and transfer to this account. We are forced to put money into low yielding banks because of our policy. FM1vT is invested in high quality bond funds. Mavor Newill -Does the Commission wish to pursue this further? Consensus -Move to the June 2"d agenda for further discussion. C) Authorizing the Purchase of Sodium Hydroxide via aPiggy-Back Contract with Palm Beach County Town Manager Su eg rman -One of the main chemicals that we use in the water purification process is Sodium Hydroxide (approximately 60 gallons per day). We recently found a contract for this chemical contracted by Palm Beach County Utilities, and we would like to take advantage of the price offered to the County. This proposed purchase will carry us through the balance of the current year. Because this is a piggy-back purchase under an existing Palm Beach County Utilities contract, we do not need to go out for bid on this item. However, it does exceed the spending authority of the Town Manager, so the purchase must be approved by the Town Commission. Funds are budgeted to make this purchase. Commission Sorrelli -How many gallons are in a shipment? Reply - 3,500 gallons. Item to be included on June 2nd, 2009 Consent Agenda. 7) MISCELLANEOUS -ITEMS LEFT OVER C. Minutes Apri127, 2009 -Special Meeting Apri128, 2009 -Workshop Meeting May 5, 2009 -Regular Meeting Minutes to be included on the June 2"d, 2009 Consent Agenda. 8. REPORTS -TOWN COMMISSION Commissioner John Pa lg iaro - No Report. Town Commission Workshop Minutes May 26, 2009 Page 5 of 8 Commissioner John Sorrelli - No Report. Commissioner Trinley - No Report. Vice Mayor Zwick -Would like to commend Zoie Burgess for the excellently designed issue of the Highlander. Mavor Newill -Milani Park -Have not read it in the papers yet, but within a 2-3 minute segment, our new County Commissioner voted with the County Commission (5-0 vote) to sue the town over 5 of the 43 conditions. I am looking forward to next year's election. Talent Bank -Would like to have included, an annual form where members have to reconfirm their address and phone number. Commission agreed to review form. Commissioner Sorrelli -What ever happened to the broadcasting of the Palm Beach County Meetings? Town Manager - We can look into it. 9. REPORTS -TOWN ATTORNEY A) Authorization to Transfer Client Files. I will begin with Buckingham, Dootlittle & Burroughs, LLP at the end of June, and need authorization to transfer the clients' (Town of Highland Beach) files. The firm is based out of Ohio, with offices in Boca Raton and West Palm Beach. Mayor Newill -The Town Attorney's current firm is leaving the State of Florida. Town Mana e~ e~ - We have a retainer agreement between the current firm and the Town. Town Attorney Sliney -There will be no one left at Hodgson Russ after June 27th. Moor Newill -The retainer agreement requires either party to give a 30 day notice. Attornev Sliney -The retainer agreement does not complicate this situation. I am only requesting that you sign the authorization to transfer the files. Vice Mavor Zwick -Should Hodgson Ross have done something to terminate the agreement? Attorney Sliney - Do not disagree with what you are saying. Firm did not anticipate the movement of the files. Vice Mayor Zwick - Will the Town be liable for the retainer in June? Attorney Sliney - It will be split. Whatever time I spend at Hodgson Ross on Town business will be billed accordingly. Town Mana eg r Su eg rman - Is Buckingham, Dootlittle & Burroughs, LLP acceptable to the Town Commission? Do we need a new retainer agreement? What are the new terms? In the past, I have had a problem with the current retainer agreement. Attorney Sliney and I have discussed the administrative change but not terms of a retainer. Mayor Newill -Does Buckingham, Dootlittle & Burroughs, LLP have any other municipal clients? Attornev Sliney - Do not know if they have any other municipal clients in Florida. Commissioner Sorrelli -Tell us more about the new law firm. Town Attorney - It is a full service firm. They are fully capable of dealing with Highland Beach's problems. Town Commission Workshop Minutes May 26, 2009 Page 6 of 8 Whatever litigation, there will be sufficient representation from the firm to handle any problems. Hodgson Ross had no other municipal clients. Commissioner Sorrelli -With the new law firm, will you be handling Highland Beach 100%? Attorney Sliney -There is no difference in my relationship with this new firm. The only change will be a different office. Commissioner Sorrelli -Not happy just switching offices. Mayor Newill - We need to send a notice to cancel the retainer agreement with Hodgson Ross. Does the Town Commission wish to investigate other firms? Vice Mayor Zwick -Since we do not know any of the other attorneys in Buckingham, Dootlittle & Burroughs, LLP, are there any attorney's in the firm that can assist you like Larry Corman has done in the past? Attorney Sliney -The only work Larry Corman did was the Code Enforcement Board. With the recently passed ordinance, they will no longer be in existence. Mayor Newill - We are going to terminate the agreement with Hodgson Ross. Are we going to sign another agreement with Buckingham, Dootlittle & Burroughs, LLP? Attorne Sliney -One day I work at Hodgson Ross, the next day I work at Buckingham, Dootlittle & Burroughs, LLP Town Mana er Su eg_rman -Looks like we cannot do anything until next week's meeting. From my perspective, Attorney Sliney will continue representing the Town. I believe we need a new retainer agreement with the new firm or look at new firms. Do not want to use the same retainer agreement? Would like to negotiate a new retainer agreement, or look at the whole concept. Mayor Newill - We will need to approve the release of Hodgson Ross's retainer agreement. This can be done at next week's Regular Commission Meeting. Also gives the Commission time to consider what they want to do in the future. Town Attorne~SlineX -Somewhat of an unusual situation. Trying to handle this with common sense. Mayor Newill -Next week the Commission will consider: 1) cancellation of the current agreement; 2) approve transfer of files; 3) consideration of a new agreement. 10. REPORTS -TOWN MANAGER I received the official notification that the Town is eligible for a state revolving low interest loan in the amount of $3 million. The last loan received acquired through this account was approved with a 2.9% interest rate. A total of 33 municipalities applied for this loan; 23 were actually funded; and Highland Beach was ranked 9~'. There is additional paperwork that Town Commission Workshop Minutes May 26, 2009 Page 7 of 8 needs to be completed during July and August before the contract can be awarded. The bids will be opened on June 8~', and requires the Bidder to guarantee the bid price for a period of 90 days from the date of the bid opening. In addition, the. Town has to write a business plan to be included with the application, indicating that the Town has the capability to service the loan. I have requested our engineers, Globaltech, to write this business plan. Their fee will be $8,850.00. This money will be taken from contingency. I wanted the Commission to be aware of this. The tax payers approved the financing of this project, and all monies advanced from the General Fund will be reimbursed once the loan is acquired. I also want to congratulate Zoie Burgess on the great issue of the Highlander. This issue was quite comprehensive as it included: the new ordinances, budget hearings, waste services, and annual emergency preparation. 11. CONSENT AGENDA None 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht -Boca Highlands 1) The County is going to sue Highland Beach over 5 of the 43 conditions. Can you tell us which ones? Town Mana eg r Su eg rman - We have not received the official notification. Do not know which conditions they are challenging. Mr. Yucht -Have tried to meet with Audrey Wolf, but she has refused my phone calls and will not meet with me. 2) Retainer Agreement -Under the terms can they just substitute another attorney in place of Tom Sliney at their own discretion? As you negotiate a new agreement, does Tom Sliney sign it or does a partner in the new firm? 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Workshop Meeting at 2:50 P.M. upon a MOTION by Commissioner Sorrelli;_seconded by Commissioner Pa lg iaro. APPROVE: Jim Ne 11, CPA, Mayor Miriam S. Zwic ,Vic ayor Town Commission Workshop Minutes May 26, 2009 Page 8 of 8 ATTEST: Beverly M. Brq~m, MMC, Town Clerk Date: ( ~~~ `~~ ,f ~.. -~ Doris . Trinley, Commissioner