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2009.11.24_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, November 24, 2009 1.30 PM Mayor Jim Newill, CPA called the Workshop Meeting to order in Commission Chambers at 1:30 PM. 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. Superman; 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 No comments received. 3. PRESENTATIONS A) Announcement of the Town Receiving the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the fiscal year ended September 30, 2008. Town Mana eg_r Superman - We have been advised by the Government Finance Officers Association (GFOA) that the Town has earned its Certificate of Achievement for Excellence in Finance Reporting for the fiscal year ended September 30, 2008. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its Town Commission Workshop Minutes November 24, 2009 Page 2 of 8 management. The Town's Comprehensive Annual Financial Report (CAFR) was judged by an impartial panel of GFOA and was determined to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and to motivate potential user groups to read the Highland Beach CAFR. The Mayor and Commission congratulated Deputy Finance Director Cale Curtis. B) A Presentation by the Beaches and Shores Advisory Board regarding a Municipal Special Tax Unit for Beach Cleaning - Lucy Whalen Miller, Chair - On October 30, 2007, the Beaches and Shores Advisory Board presented to the Highland Beach Town Commission its written request and presentation, "Standards for Beach Cleanliness and Maintenance". The report emphasized the concerns regarding the poor conditions of the beach, ordinances disregarded by some residents, plus tedious and lengthy enforcement procedures that are not functioning. Resident surveys and petitions confirmed the desire for the beach cleanliness project to proceed. The turtle program, an integral part of a positive ecological volunteer project in our town, sees daily how trash on the beach has contributed to threatening this endangered species. The three ideas explored to ensure beach cleanliness were to have (1) additional beach police enforcement of the ordinances; (2) create a budgetary line item; or (3) create a taxing district. Of the three, the most equitable and reasonable option is to establish a Municipal Special Taxing Unit (MSTU) District. Boca Raton, a neighboring municipality, has employed the use of Municipal Special Tax Unit District. The goal is to have a routinely maintained, clean and healthy beach for residents, animals, sea life and birds. This will include cleaning the beach three times weekly, maintenance and enhancement of the dunes as needed, removal of large amounts of waste and emptying the Highland Beach litter receptacles. We have received proposals from five beach maintenance companies, a proposal from Nabors, Giblin & Nickerson, P.A. regarding beach maintenance assessments, and a proposal from Dr. Hank Fishkind of Fishkind & Associates, an economist who will determine an equitable distribution of costs. In essence, should the Town Commission consider approving the funds to hire an economist, the economist would create a methodology that would tax each property within the Town of Highland Beach based on their received benefits. If the MSTU district is approved by the voters, the cost will be repaid by the taxing district. The Beaches and Shores Advisory Board is requesting that the Town Commission continue their support of this project by approving the funds to hire Hank Fishkind to create a methodology and to hire Nabors, Giblin, & Nickerson, P.A. to determine the legal aspects of setting the taxing district to be placed before the public. Commissioner Trinlev -What methodology would you use in determining the proportionate costs to residents? Chair Miller - It would be determined by which side of the street you live on and what is your benefit. Comm. Trinlev - Do you have any idea on the taxing level? Chair Miller - It would be about $8.00 per unit per month. Comm. Trinlev -Would this require a referendum? Town Attorney Slinev -Yes, it would require a referendum. Commissioner Sorrelli -How far back will they clean the beaches? Chair Miller - It depends on the turtle season. Eight months of the year they will only go back to the nesting area, and the other four they will go back to the dunes. Town Commission Workshop Minutes November 24, 2009 Page 3 of 8 Commissioner Pagliaro -The beaches are cleaned during turtle season by the turtle volunteers. This proposal for the Town to clean the beaches was initially refused outright. We need to preserve what we have. The beaches are our greatest assets. Town Mana eg_ r Su eg rman - I would like to provide a perspective of what they are asking. Beaches are not owned or controlled by the Town. The beaches are in private hands. The Town does not have the ability to go out on the beach. But, we do have code enforcement procedures. The only way we can enforce our own regulations is for the code enforcement officer to go out and inspect, and then give a notice to the violator giving him 10 days to clean up the area. If they do not, it takes 30 days to schedule a hearing before the special magistrate. Code enforcement on keeping the beaches clean is not a viable solution. The Commission can go to the voters to see if they agree to create a special taxing district. If they agree, then the special taxing district would pay for someone to clean the beaches. The Board of Governors of the special taxing district would set the tax amount. Before the Commission actually goes to referendum, an economic analysis and study must be completed. The Beaches and Shores Advisory Board is requesting funding for an economist to do the analysis and for a law firm to set the parameters. This process will take as long as a year. Mayor Newill - Do we know how many individual residents there are? Mana eg r Su eg_rman - Webill on a unit basis for water and garbage. There are 3,600 units. Mayor Newill -How many voters compared to property owners? Mana er Superman - Majority vote rules. To place something on the ballot, the Commission has to approve it. Consensus -schedule funding for the economist and law firm on the December ls` agenda. C) Request for a Refund of a Building Permit Fee -Ambassadors East - Lucy Whalen Miller, President and Monika Loeffler, Property Manager Town Mana eg r Superman - At the end of 2005, the Ambassadors East Condominium hired a contractor to install a completely new UL rated fire system in all three of their buildings. The association obtained the necessary building department permits and at the end of the installation arranged for inspections of the system; including inspections by the Delray Beach Fire Department. All systems passed final inspection. As part of an insurance inspection, the Underwriters Laboratories, Inc. (UL) failed all three systems because according to UL, this system required an auditory decibel sound in each condominium unit should the system be triggered. The original permitted and installed unit did not pass the inspection. To correct the problem, Ambassadors East has ordered a new fire alarm system for all three buildings which includes a completely new central fire panel as well as individual fire alarms in each of the 320 units. The cost for this replacement installation is just over $93,000; which includes $1,395.00 for a building permit fee. Ambassadors East has paid the $1,395 building permit fee so that they can get the new construction started, however, they would like to appear before the Town Commission to request a refund of the building permit fee because they feel that the Town should have advised them of the UL requirement of an auditory decibel sound in each condominium unit when the original permit was applied for and approved in 2005. Town Staff Town Commission Workshop Minutes November 24, 2009 Page 4 of 8 is not in a position to waive any building department fees, nor to authorize any refunds of the same. Instead, we are prepared to defend why the payment of the fee is appropriate and should not be refunded. Lucy Miller, President of Ambassadors East -Commented that they believe the work now completed by the contractor is work that was unfinished under the first permit. When we came to the Town, we asked that the permit just be reopened so that the work could be completed, but were told that this was not possible. We had to pay for a new permit for the work that was not completed under the original permit but was signed off by the Building Official and Fire Marshall. Commissioner Sorrelli -Who was the original engineer? Believe he did not complete the job and he should be responsible for the permit fee. Commissioner Pag_liaro - As I read this, the work was completed by the original contractor; the fire department and building department signed off on it; and sometime later UL said it was not up to code? Mrs. Miller -After the system was inspected by the Town, the fire alarm kept going off. Contacted UL who said the system was not installed properly. Manor Newill - If you had a problem with the original contractor, why are we responsible? If we start refunding permits, where do we draw the line? Monika Loeffler, Property Manager - We feel this work should have been completed under the original permit. This new permit is to repair the items under the original permit that were not completed, but approved by the fire inspector and building official. The only addition is a new electric panel. Mayor Newill - They approved what the original permit covered, now you are making additional changes, so a new permit is required. Mana erg_Su_german -The original permit was issued in 2005 and was eventually approved in 2008. Commissioner Sorrelli -Who approved it? Reply -Both Bob Dawson and Jim Tabeek. Commissioner Trinlev - Do not feel this is a large amount, and we were part of the problem. Mayor Newill - We do not appear to have a consensus. Town Mana er Su eg rman -Will schedule it on the December ls` agenda, allowing the Commission to further discuss it, debate it and determine what they would like to do. Commissioner Trinlev -Can we have the fire inspector and building official in attendance? 4. BOARDS AND CONIlVIITTEES A) Board Correspondence • None Town Commission Workshop Minutes November 24, 2009 Page 5 of 8 B) Board Action Report • None C) Board Vacancies • Beaches & Shores Advisory -Three full terms beginning in December 2009 Interview - Linda Albertson - 3224 S. Ocean Blvd. Mrs. Albertson stated she has been a resident since 1995. Spends a lot of time walking the beach and would like to contribute something back to the Town. Consensus -Appointment to be included on 12/1/09 Consent Agenda. • Boca Raton Airport Authority Advisory Board -Three-year term (01/01/2010 - 2013) Interview Paul Resnick - 4740 S. Ocean Blvd. Clerk announced that Mr. Resnick was out of town for holiday. Will contact him and ask that he attend the December 1St meeting. Ron Brown - 4319 Tranquility Drive Stated he has been a resident since 2000. Has been in aviation for 35 years, and felt it would be an honor to represent the Town. Consensus -Vote will be taken at next meeting after additional interview. D) Monthly Board Meetings • Special Magistrate -Dec. 3rd - 2 PM • Light Up the Holidays -Dec. 6t" at 6:00 PM • Beaches & Shores Advisory -Dec. 8th -Regular - 9:30 AM • Planning Board -Dec. 9th -Regular - 9:30 AM • Bd. of Adjustment -Dec. 15th -Regular - 9:30 AM • Cultural Advisory -Dec. 17th -Regular - 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) Ordinance No. 09-005 O -(Second Reading and Public Hearing 12/1/09 Meeting) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH AMENDING IN FULL THE TOWN CODE, CHAPTER 22 ENTITLED "SEWERS," SECTION 22-2 ENTITLED "SERVICE CHARGES", AND SECTION 22-4 ENTITLED "BILLING PROCEDURES; DELINQUENCY", AND CHAPTER 29 ENTITLED "WATER SYSTEM", SECTION 29-10 ENTITLED "CHARGE FOR WATER SERVICE", AND SECTION 29-11 ENTITLED "BILLING DATES; DELINQUENT BILLS; DISCONNECTION" AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read the Ordinance, title only, into the record. No additional comments received from Commission. B) Designating the Town's Elected Positions for Inclusion in the Elected Officers' Class of the Florida Retirement System (FRS) RESOLUTION N0.09-016 R RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA Town Commission Workshop Minutes November 24, 2009 Page 6 of 8 DESIGNATING ITS ELECTED POSITIONS FOR INCLUSION IN THE ELECTED OFFICERS' CLASS OF THE FLORIDA RETIREMENT SYSTEM; AND FOR PROVIDING AN EFFECTIVE DATE. Town Clerk Brown read the Resolution, title only, into the record. Town Mana eg r Su eg rman - As previously mentioned at a Town Commission meeting, the Florida Legislature adopted and Governor Crist signed a new law under the Florida Retirement System (FRS) which authorizes an adjustment in contributions for those employees designated to be in the Elected Officers' Class. The Resolution will designate members of the Town Commission to be in the Elected Officers Class of the FRS. This item is being introduced for purposes of discussion and feedback. If it is acceptable, this item can be moved over to the Consent Agenda. No Comments. Consensus -Include Resolution No. 09-016 -R on the December ls` Consent Agenda. 6. NEW BUSINESS A} Declaring Certain Property to be Surplus Property Town Mana er Superman - From time to time various operating departments gather up their entire inventory items that are no longer of any use to the department, and they are put on a list for purposes of disposal. Under the law, because the items were purchased either with taxpayer or ratepayer monies, in order to dispose of these items the Town Commission needs to declare them to be surplus property and of no further use to the Town. Once they have been declared surplus, we will be able to dispose of the items, either through an auction, a sealed bid, donating them to charitable organizations or sending them to the landfill. This item is being introduced for purposes of discussion and feedback. If it is acceptable, the item can be moved over to the December ls` Consent Agenda. No Comments. Consensus -Include on the December ls` Consent Agenda. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Minutes October 27, 2009 -Workshop Meeting November 3 -Regular Meeting Receiving no additions or correction, minutes to be included on the December 1st Consent Agenda. Town Commission Workshop Minutes November 24, 2009 Page 7 of 8 8. REPORTS -TOWN COMMISSION Commissioner John Pa lg iaro - No Report. Commissioner John Sorrelli - No Report. Commissioner Trinley - No Report. Vice Moor Zwick - No Report. Mayor Newill - No Report. 9. REPORTS -TOWN ATTORNEY No Report. 10. REPORTS -TOWN MANAGER I have received the proposed settlement regarding the two law suits involving Milani Park from Palm Beach County. Attorney Baird, Attorney Sliney and I have scheduled a meeting to discuss these on December 3rd at 9:30 AM. We are getting close to a resolution that will allow us to conclude both of these law suits. I would ask the Commission to schedule another Attorney-Client Executive Session sometime in December, sometime between the 15d' and 30't' to see if we can determine a final settlement. Consensus is either December 15`~ or December 17d' at 10:30 AM. Will check with Attorney Baird and notify the Commission. I would like to correct my weekly report from last week. I will be leaving to go to Denver on Wednesday the 25d' not Friday the 27'x`. 11. CONSENT AGENDA None 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Ronny Svenstrup - 3310 S. Ocean Blvd. I know both Linda Albertson and Ron Brown and would recommend both of them for appointment to a Town Board.. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Workshop Meeting at 2:55 PM upon a MOTION by Commissioner Pa lg iaro; seconded by Commissioner Sorrelli. Town Commission Workshop Minutes November 24, 2009 Pale 8 of 8 APPROVED: Jim Neyl~~ll, CPA, Ma iriairr~S. Z ATTEST: B verly M. rown, MMC X6%0 D e Doris 1~I. Trinley, Commissioffer