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2019.09.05_TC_Minutes_RegularO� N\GHLA '��ORIOP' TOWN OF HIGHLAND BEACH TOWN COMMISSION SPECIAL/FIRST PUBLIC HEARING BUDGET MINUTES Town Hall / Commission Chambers Date: September 5, 2019 3614 South Ocean Boulevard Time: 5:01 PM Highland Beach, Florida 1. CALL TO ORDER Mayor Zelniker called the Special/First Public Hearing Budget Meeting to order at 5:01 PM. 2. PRESENT UPON ROLL CALL Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett -Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Town Manager Marshall Labadie Town Attorney Glen Torcivia (jointed the meeting at 5:03 pm) Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Commission led the Pledge of Allegiance, followed by a moment of silence for those suffering in Bahamas. 4. ACCEPTANCE OF THE AGENDA MOTION: Commissioner David moved to accept the Agenda as presented. Commissioner Gossett -Seidman seconded the motion which passed unanimously. 5. CIVILITY PLEDGE Town Clerk Gaskins read the Civility Pledge. We will be respectful of one another even when we disagree We will direct all comments to the issue We will avoid personal attacks "Politeness costs so little." By: Abraham Lincoln Town Commission Special/First Public Hearing Budget Minutes Page 2 of 6 September 5, 2019 6. PRESENTATION None. 7. SECOND READINGS/ PBULIC HEARINGS: A. RESOLUTION NO. 19-021 R / ADOPTING A FINAL MILLAGE RATE A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A FINAL MILLAGE RATE OF 3.2294 MILLS FOR THE TOWN'S GENERAL OPERATING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020; PROVIDING THAT THE FINAL MILLAGE RATE OF 3.2294 MILLS IS 7.70 PERCENT GREATER THAN THE COMPUTED ROLLED BACK RATE OF 2.9984 MILLS; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Major Zelniker read the following statements into record: This is the first of two special meetings required by the state to present and vote on the new budget. As such, the topics to be covered are limited to a discussion on the budget as presented and the proposed millage rate. All other topics may be discussed at our next regular meeting, which is scheduled for Thursday, September 19f at 1:30 PM, because some will have another meeting at 5:01 to accept the millage rate. Readings and Public Hearings Resolution number 19- 021 are adopting a final millage rate. A resolution of the Town Commission of the Town of Highland Beach Florida, adopting a final millage rate of 3.2294 Mills for the town's general operating funds for the fiscal year beginning October 1, 2019 and ending September 30, 2020 providing that the final millage rate of 3.2294 mills is 7.70 percent greater, then the computed rollback rate of 2.9984 mills, providing force of a severability conflicts and an effective date. The public hearing has been advertised in conformance with Florida statutes and town ordinances. And, the proposed not to exceed operating millage rate set by the town Commission of the town of Highland Beach on July 23, 2019 was 3.4345 mills. The Town Manager is proposing that the operating millage rate be tentatively set at 3.2294, and that that voted debt service millage be tentatively set at 0.5703 mills for a total millage rate of 3.7997, mills which is estimated to generate general fund that net revenues of .9,521,775 (9,521,775.00). This operating millage rate represents a 7.70 percent increase over the rollback rate of 2.9984, Mills. The Mayor then referred this item to Finance Director Matthew Lalla. Finance Director Lalla did not have any further statements to add when called upon by Mayor Zelniker. Mayor Zelniker opened the Public Hearing. John Boden of 3470 S. Ocean stated that it is important to remember the money is not being spent today, just building a plan to help watch and go through the process of spending the money in the upcoming year. Mayor Zelniker closed the Public Hearing. Town Commission Special/First Public Hearing Budget Minutes Page 3 of 6 September 5, 2019 Commissioner David stated that it should be accepted as is. Commissioner Donaldson had no comment. Commissioner Gossett -Seidman voted no and read the following statement: Based on the incomplete information, unclear guidance, rushed assessment of facts, and interpretation of State and Town Ordinances during a special meeting, Thursday, August 29 with Hurricane Dorian threatening to bear down on us, she has decided to rescind approval vote on the tax millage rate. She wishes to make a motion to reconsider the proceeding from the special meeting held Thursday August 29 based on Town Ordinance Section .28 (13). This addresses the fire contract. As an elected official, there is an obligation to make sound decisions for the benefit of the electorate; duties cannot be performed without thorough and correct information and guidance from officials in Council that takes into account all laws of the town, county and state. There is support serving official notice to the fire contract. Commission should also be advised to whether the Town should first seek an advisory legal opinion from the Florida Attorney General. Therefore, it is imperative she vote no and motion for reconsideration. There would need to be a conscience vote and she does not want to be questioned around the community about the rise in taxes that came about quickly and under pressure. Time is needed as well as outside opinions, and the ability to sort out complications being faced. She feels as though there did not need to be a raise in rate until that fire contract came across the Town Manager's desk. Vice Mayor Babij had no comment. MOTION: Commissioner David moved to adopt the final millage rate resolution Commissioner Donaldson seconded the motion UPON ROLL CALL: Commissioner Evalyn David Yes Commissioner Barry Donaldson Yes Commissioner Gossett -Seidman No Vice Mayor Greg Babij No Mayor Rhoda Zelniker Yes Motion carried 3 to 2 with Commissioner Gossett -Seidman and Vice Mayor Babij dissenting. MOTION: Commissioner Gosset -Seidman moved to reconsider the proceedings from the special meeting held Thursday, August 29 based on Town Ordinance Section 2.28 (13). Motion died due to lack of a second. Town Commission Special/First Public Hearing Budget Minutes Page 4 of 6 September 5, 2019 Mayor Zelniker the title of Resolution No. 19-022 R / Adopting a Final Budget into the record. B. RESOLUTION NO. 19-022 R / ADOPTING A FINAL BUDGET A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT OF THE TOWN FOR THE ENSUING YEAR; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Finance Director Lalla explained this resolution basically approves the budget in total, not just the millage rate or the general fund, but the two special revenue funds for building and for the discretionary sale surtax and our team has funds for water operations and sewer operations. PUBLIC COMMENTS AND REQUESTS Mayor Zelniker opened the Public Hearing. John Ross of Casuarina was concerned about why there is voting or people are being invited to a second public hearing. He wanted to know if there were plans to vote again, when the next public hearing is scheduled. He stated that it seemed to him that it is a little bit out of order. He said that he does not understand what the previous voting that occurred was for. Town Attorney Torcivia responded to Mr. Ross' concerns regarding second public hearing budget meeting. He went on to explain the process of having two public hearing budget meetings. John Ross stated that he understood, but was questioning why there was a need to hold a second meeting; he knows it is required by the state, but still does not see the necessity. Also, looking into the fire contract yesterday, he said he decided to look at the City of Delray Beach's budget. He noted that on page 146, they gave the revenue and expenditure lumped together by activity for the various activities they perform and the various constituencies that they represent. The revenue from Highland Beach, which is specified on that page, is forming into 23,795. The cost, the expenditures are 3,847,761, so they are making $800,000 on Highland Beach. He stated that they say it in their own budget and believed it to be in bad taste. He distributed a handout to Commission; however, the Town Clerk did not receive one for the Town's records. He stated he assumes that number in accordance with our agreement could be whatever they set their profit to, could be unlimited. He stated it had nothing to do with calculation or anything else just a straight-out profit. Mayor Zelniker closed the Public Hearing. Commissioner David stated that there needs to be a budget in place by October 1St. If there is no budget, this town closes down. Spending money is not allowed without a budget; as such, it would be irresponsible of us not to put the budget in place. Also, there is supposed to be a true up every year on the Fire Rescue. If it is determined that the town has paid too much, they will give Town Commission Special/First Public Hearing Budget Minutes Page 5 of 6 Seatember 5, 2019 it back that is the terms of the contract. A budget needs to be passed or there will be a shut down and no one will be able to be paid. Commissioner Donaldson agrees with Commissioner David and had no further statements. Commissioner Gosset -Seidman stated she is in agreeance with passing the budget; however, would like to reconsider the millage rate. It is about unknown problematic situations with the last last-minute fire contract. She then states that there are other ways of handling this could have been reconsidered today and that was her position. She stated that this is not about not paying the Police and Fire; it is about a fair and equitable one. She is concerned that the trucks leaves and goes to Gulfstream to put out fires and therefore, Delray is paid twice. There is many unanswered questions and that is what through this budget into a firestorm. I am most interested in getting the mill down a little bit, if we can for the residents of this town. If that is possible. Not about throwing the budget out the window. Vice Mayor Babij states that there are many great comments on the fire contract. There is many unanswered questions. Last meeting, there was an agreement to have the FAB look at it and help decipher it. Agrees that a budget does need to be passed. He is open to revisiting the fire contract at a later time and he think it is a big process. He does not think there is enough time between now and October first because there is too much information and is in favor of passing the budget as is. Also, suggest that a course correction be made when necessary. Mayor Zelniker agrees and does not want to shut down the town. She does not think the residents will be very happy with that. Is there a motion to adopt the final budget resolution on first reading? MOTION: Commissioner David moved to adopt the final budget resolution on first reading Commissioner Donaldson seconded the motion UPON ROLL CALL: Commissioner Barry Donaldson Yes Commissioner Evalyn David Yes Commissioner Gossett -Seidman No Vice Mayor Greg Babij Yes Mayor Rhoda Zelniker Yes Motion carried 4 to 1 with Commissioner Gossett -Seidman dissenting. 8. TOWN MANAGER REPORT Town Manager Labadie reported on the following: The methods and ways in which a resident can help those affected by Hurricane Dorian in the Bahamas. The Attorney General issued some caution when spending money. They have the infrastructure in place to handle collecting and distributing supplies. As soon as more information is heard about a local effort, something will be in place here to make it as simple as possible to help. Town Commission Special/First Public Hearing Budget Minutes Page 6 of 6 September 5, 2019 He thanked the staff and Chief Hartmann for his leadership, setting up the emergency operations command center, being on point with his team. He further thanked his leadership team being there at every moment without any hesitation. Chief Hartmann held a debrief meeting a few days ago on how to make hurricane preparedness moving forward. The emergency response team in Highland Beach well is prepared. He expressed his gratitude and was impressed by the execution of everyone. Lastly, he reports there is a rescheduled meeting for September 19th due to Hurricane Dorian, and after the conclusion of that meeting at 5:01 PM, there will be a second public hearing on the budget. Mayor Zelniker Announced that Glen's son is in the United States Coast Guard and is in the Bahamas. Also stated how proud she was that he was there doing everything he could to help people in need. Also appreciated everyone for everything they did during the hurricane. 9. COMMISSION MEETINGS: Planning Board Meeting — September 12, 2019 — 9:30 AM Town Commission Special/Second Public Budget Meeting — September 19, 2019 — 5:01 PM. Town Commission Workshop Meeting — September 24, 2019 — 1:30 PM 10. ADJOURNMENT There being no further business, Mayor Zelniker called for a motion to adjourn the Special/First Public Hearing Budget Meeting. MOTION: Commissioner Gossett -Seidman moved to adjourn the meeting I at 5:26 PM. Commissioner David seconded the motion, which passed unanimously. APPROVED at the October 15, 2019 Regular Meeting. ATTEST: an da Gaskins, M C, Town Clerk Rhoda Zelniker, ayor Transcribed by: Ganelle Thompson �A(4) /6�-- Date