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2007.06.26_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP Tuesday, June 26, 2007 1:30 P.M. Mayor Harold R. Hagelmann called the Workshop to order in Commission Chambers at 1:30 P.M. CALL TO ORDER: Roll Call : Members present: Mayor Harold R. Hagelmann; Vice Mayor Joseph J. Asselta; Commissioner Miriam S. Zwick; Commissioner Jim Newill, CPA; and Commissioner Doris Trinley. Also present: Town Attorney Thomas E. 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. 1ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA . Mayor Hagelmann stated that he was going to change the ?Order of Business? to allow Palm Beach Mayor Jack McDonald the opportunity to make his presentation on the ?Let Us Vote? Campaign prior to the Public Comments. In addition, at the request of Commissioner McCarty, I had the Town Manager draft a letter acknowledging and thanking her publicly for the discretionary funds that we have received. Would like the Commissions authorization to forward it, and will bring it to the regular meeting. PRESENTATION : Mayor Jack McDonald of Palm Beach ? Chairman of a Political Action Committee called ?Let Us Vote.? The reason for this committee is to bring ?Home Rule? to Highland Beach and all the other communities in Palm Beach County. I agreed to chair this committee, as I did not want the county commission to be able to come into my community and make changes without my consent. If we are able to get this issue on the ballot, what it would do is make a change to the county charter that would prevent the county from making any change to any service or regulatory powers that the town already has. Right now under the county charter, they cannot change a power that you have, but they can change service and regulatory standards or ordinances. Our objective is to place this item Town Commission Workshop Minutes June 26, 2007 Page 2 of 9 on the ballot originally scheduled in January 2008. Now the county commission has come back and stated that they will voluntarily put in on the November 2008 ballot. It is agreeable to us if we can agree on the language that will place it on the ballot and allow us to make our own decision in our own communities. We are essentially trying to put it in the county charter that the county commission can never make a change in your municipality that you did not agree to. It is commonly called a dual vote. If the county wanted to change something that would affect you, they could not do that unless the voters in your municipality also agreed with it. It would have to be a county-wide vote, and if for some reason your residents did not agree, then that regulation would not affect your community. There are 38 municipalities in Palm Beach County, and 28 have already passed this resolution that we are asking you to approve. What I am asking you to do, is at your next regular meeting place this proposed resolution on the agenda and also fund it in the amount of $5,450.00. The amount of money is based on a formula that is about two times your annual dues paid to the Palm Beach League of Cities. To enable you to be the ultimate decision maker in your community, $5,450 is not a lot of money. Let your legacy as a commissioner be that you brought ?Home Rule? to the residents of Highland Beach. At last weeks county workshop, the county has agreed to place it on their regular meeting agenda to see if they can pass it to put on the November 2008 Ballot. If they do that, that will place it on the ballot, and we can stop collecting petitions. But, then we would have to get the voters to vote in favor of it. Town Manager Sugerman ? The early funds that were collected from other municipalities have been used by the petition drive. It looks like the petition drive is no longer necessary if the county agrees to put it on the ballot. Did I hear you say that these funds will now be used for a campaign for a ?Yes? vote? Am concerned that locally we cannot use tax payer funds to choose a side of a particular issue just to get out information. If we contribute the money to the ?PAC,? is the ?PAC? authorized to pick a side and use the taxpayer?s dollars to promote just one side of an issue? Reply ? Yes. Mayor Hagelmann ? We cannot vote on anything today, but will schedule it for a vote at our next regular meeting. 2. PUBLIC COMMENTS AND REQUESTS Joe Yucht ? Boca Highlands - Not sure I understand what the Legislature has done with the tax bill, but, the Governor has signed it. Understand that we have some type of vote on it come January. Want to thank Town Attorney Sliney for writing an article on ?Value Adjustment Board.? This board will be active in the future. The article is something everyone should read. Would like to ask Attorney Sliney to bring the article for next meeting and ask the Commission to grant him time to discuss it. Attorney Sliney- The article was written while representing private clients. Will share the article, but it was not done as a town representative. Town Commission Workshop Minutes June 26, 2007 Page 3 of 9 3.PRESENTATIONS B)Tony Newbold ? Florida Power and Light Area Manager for the Town of Highland Beach Been instrumental working with the Town for the past thirty years and participated in the negotiations of the original franchise agreement with Florida Power and Light. Have been working with the Town Manager in the establishment of a route in bringing another feeder line across the Intracoastal into the Town of Highland Beach, which we expect to improve the quality of service. Presently we have three major lines that serve the town - one that enters through Delray and two through Boca. We are adding a fourth line that will improve the reliability issues. Since our 05 hurricane season when Wilma was quite devastating to all of the communities, we have done significant improvements within the Town, including a total inspection of all the electrical facilities, line clearing, and upgrading of the facilities. I have been discussing with the Town Manager the electric franchise that expires in 2009. I would like to offer an early renewal of that franchise because of one key component that will make it a little bit more beneficial to the town. The electric formula in the old franchise allowed for the rduction of taxes that were paid by FPL from the franchise fee. The net impact of that change caused the rate which was signed of 6% about thirty years ago to be about 5.86% of the 6%. Additionally, the old formula indicates that we would retain 10% of the collected franchise revenues until the annual anniversary of the franchise agreement. So we withhold about 10% of those collected revenues until about May of every year and you would then receive one large check. The new formula avoids all of that and allows you to receive 100% of the collected revenues when they are collected, thus increasing the cash flow to the city. The new formula also allows for ad valorem or property taxes not to be included in the formula. The tax bill is sent to FPL out right, and has no impact on the franchise fee. Looking at the benefits to the town, consistent with the benefits that the other towns have received, we would like to go ahead and work with the Town Manager to present to you the new franchise agreement that will give you the new benefits of this formula. My basis in being here today, is to let you know that I have been working with the Town Manager, and subsequently he has discussed the issue with the Town Attorney. According with his schedule we would like to come before you and seek approval of the new franchise agreement. Mayor Hagelmann ? Can you give us some information on the line? Town Manager Sugerman ? It will be a 38,000 KW line and it is going to come across the Intracoastal and right across our parking lot, but will be underground. It is going to tie into a new transformer that is going to be set on the grounds here. One of the benefits about that particular project that Tony did not mention is that FP&L as part of this high voltage line is going to take out all of our overhead poles and remove them. All our service in this entire facility will be underground. We have finalized our language on the easement. FP&L has not applied for the construction permit or to actually have the town grant the easement. As far as renewal of the franchise, they are out in front of the thirty years. They are offering to the town, a little bit more cash flow. Believe the net effect under the current franchise is a payment of 5.84% Net. What they are offering is a 100% cash flow with a 5.9% Net. It may be another thirty days before we bring it to the Commission. Mayor Hagelmann- Will there be any cost to the town for installing these lines underground? Mgr. Sugerman - No, they are only looking for an easement. Commissioner Trinley ? Will the Town Commission Workshop Minutes June 26, 2007 Page 4 of 9 electric underground wires be of some value for the water plant? Mgr. Sugerman ? The water plant and the library are currently underground. It will only affect the town hall building. The front of the grounds will lose the cement poles. Comm. Zwick ? Mr. Newbold, you and I have had a number of discussions about the southern end of the town and the one feeder line coming in from Boca doing a very inadequate job. Not only during the hurricanes, but during the slightest wind storm the feeder line goes down. Would like to know, exactly what new conditions exist and what program have you instituted to upgrade the wiring system to prevent these extreme outages. The wiring system is rather old and the infrastructure has not been taken care of properly. What have you accomplished in the past two years? Mr. Newbold - The majority of the problems had to do with the above ground facilities. What we discovered through thermal vision, is that we had some problem with framing (electrical components on top of the poles) with the impact of salt water and lighting arresters that were shot during the hurricane season of 05, and just some general other maintenance issues. We did go back and rearrange those facilities that needed to be expanded. We also continue to check the wires through thermo-vision and address the possible hot spots before any failures. Continue to work to improve service in the south end. Mayor Hagelmann ? Where does the hi-voltage line travel when it leaves here? Mr. Newbold ? Once it leaves the Intracoastal, it will travel in the air until it gets to the Boca Station north of Yamato near 1-95. Attorney Sliney - The Town Manager and I have at looked at the preliminary new agreement. Have a couple of comments, not on the agreement itself. Want the Town Commission to have it in advance before it is introduced. 1) Because the length is thirty years. 2) The franchise agreement is considerably longer, and there are a lot more provisions in the agreement then the present one. 3) The Town Charter has a separate agreement regarding the adoption of franchises. (5.02 of the Charter) Basically it is still a two reading process, but if you change something after the first reading; you have to start over again. I would like to have the Commissioners read through it and have as many questions in advance, so that when we start the process it can go right through. Vice Mayor Asselta inquired if the Commission would be getting a recommendation from the Town Manager and the FAB? Town Manager Sugerman ? The Town Attorney and I will give you a recommendation, but it is not one of the charges of the FAB. If you want it to go before them, you would have to make it an assignment. Nowlen, Holt & Miner, P.A. Auditors ? Comprehensive Financial Report C) Ron Bennett ? Manager ? Last week we made a detailed presentation to the Financial Advisory Board. We have prepared a ?Financial Highlights? summary for the Town Commission?s benefit. Would also like to thank the management staff for the courtesies that have been shown during the audit. Governmental Revenues increased from $8,660,442 in 2005 to $9,887,343 in 2006, an increase of 14.2%. The increase was due primarily to growth in ad valorem taxes. Governmental Expenses decreased from $9,204,763 in 2005 to $8,236,482 in 2006, a decrease of 10.5%. A decrease of 10.5% due primarily to a reduction in capital outlay ? completion of the library. The General Fund Unreserved Fund Balance at September 30, 2006 was $2,142,908, which represent approximately 27% of the general fund expenditures. This amount represents reserves for 90 days. We generally tell town?s that they need at least 60 days reserves. Water & Sewer operations ? both the revenues and expenses were essentially flat. Operating revenue decreased $75,870 in 2006 from the prior year and operating expenses decreased $24,221 in 2006 from the prior year. Non-operating expenses decreased $365,418 in 2006 from the prior year. The decrease was due to a reduction in the loss on disposable Town Commission Workshop Minutes June 26, 2007 Page 5 of 9 assets. General comment ? This year there were new accounting standards that can be reviewed on page 66 of the report. This section has about ten years worth of information and had to be done from scratch. This schedule fell on the shoulders of Stan Novak and was a difficult piece to complete. Comm. Newill ? How much did the water actually lose? Mr. Bennett ? There was an operating loss of $1,164,000. You also had net non-operating expenses of $261,000 for a total of loss of $1,425,000 before transfers in. It was subsidized by a transfer of $1,477,000 from the General Fund. Manager Sugerman ? Remember there is voter approved debt that does not come in to the enterprise fund side of things. That voter approved debt is $650,000. So that $1,425,000 of operating losses is offset by that $650,000 from ad valorem taxes and is actually $980,000 net. Even though it lost that much money, it was designed to have $650,000 covered by ad valorem taxes. Comm. Newill ? What is the loss year-to-date? Manager Sugerman ? The books are not up-to-date, but I can tell you it is budgeted for a net loss of $449,000. The budgeted transfer from the General Fund into the Water Fund was budgeted for $449,000. One th would think that 1/12 of that amount would be transferred each month as the year progresses. That is not the case. The Water Fund was losing so much money, that Stan had to transfer the full amount at the beginning of the year. I do not know what the losses will be for the year. At the beginning of the year, we had voted to subsidize $450,000, plus the ad valorem tax transfer in is about $650,000. At the beginning of this budget year, we were going to transfer in 1.1 million dollars. I do not know even if that is going to be enough to cover the losses. Comm. Newill ? Wanted the public to be aware of the problem. We are going to have to make some cuts somewhere, and the water plant should be paying for itself. On page 94 ? Internal control - You state that you have discussed internal controls with management, and you would be very happy to discuss this with the Town Commission. So, I am asking you. Mr. Bennett ? The things we discussed are in the management letter on the following pages. Comm. Newill ? The things that you discuss is the late billing of the town attorney?s firm. I get very upset to see this. If the firm cannot give us a bill on time and causes it to go into the management letter, maybe we should consider another firm. In addition, you state in the management letter that you will be looking at these items in the next audit if we chose you for another year. Reply ? It is a boiler plate statement. Comm. Newill - This year your performance disturbs me. Your letter is dated March 21, 2007, which is an indication that was the last day you were in the field. I went back to the previous year and it was February 9th. The year before that, it was January 20th. Why were you so late this year? Mr. Bennett ? A combination of factors. We had several clients that were behind on their audits because of Hurricane Wilma. Things started sliding backwards, and we like to do some interim work that is not done in the field. To compound that, 2006 was our peer review year. Every third year we have to have an outside firm come in and do peer review. It is generally done in the summer, but this time it was done in December. Plus, the largest problem affecting public accounting firms is availability of staff. Private firms can hire staff at hourly rates impossible for small firms to match. Mayor Hagelmann ? Thanked Stan Novak for the additional work required in the audit preparation. Vice Mayor Asselta ? The Town Manager and I have been discussing the forthcoming budget, and the potential of the tax situation in Tallahassee. Commissioner Newill brought up the differential between the expenses and revenue with the water plant. As a reminder, back a year ago it was a conscience decision of this board to fund from taxes a certain portion of the water expense. The situation has drastically changed today because of the restriction on what we can and what we cannot receive. Two areas I would like to see in the budget are alternatives Town Commission Workshop Minutes June 26, 2007 Page 6 of 9 as to what it would be if we had the water pay for itself and as well the bonds that are accrued how they can be offset as a credit to what we can use in taxes. I am seeing that we can probably break even without affecting any of our services. Would like to see how it comes out on the budget. Town Manager Sugerman ? By the end of next week will have a better understanding of just how much ad valorem revenue will be reduced. That number will allow us to finalize the budget. Do have a sense that the reduction in ad valorem tax revenues will be between seven and nine hundred thousand dollars. It is conceivable that amount of money can be cut in half if we were to do something with the water rates. Do not know what the cash flow for the water rates is just yet. Some time within the next thirty days I hopefully will be able to present to the Commission a balanced budget. What it means is some things are going to have to change. Comm. Newill ? Personally, I am not for cutting services or personnel in this town at the expense of subsidizing the water. Let the water pay for itself. Vice Mayor Asselta ? There is also a consideration of the loop hole that was represented if it was a voter approved bond issue that is an offset that does not need to be accountable in the taxes. That would be a factor in what we need going forward for the water lines and building improvements. The items that we one time thought of paying for by cash does not seem to be effective as a bond issue. Manager Sugerman ? We may want to hold onto our cash as it appears to be very precious. There are actually two things that can be done: 1) Voter approved additional debt will help us to avoid this property tax decrease; 2) HB 1B, has a provision that the local governmental authority can over ride, with a super majority vote, Tallahassee?s control on our ad valorem taxes. We have flexibility, but will need to take some type of action in the next six months. Vice Mayor Asselta ? The point I wanted to make is that the newspapers are scaring a lot of people. We can continue with our quality of life in this town without any strict hardships Comm. Newill ? Going back to the management letter and these legal expenses, you say in your response that the last one was th received on November 30. What billing period did that cover? Manager Sugerman ? It could have been over any time period of six or eight months. Attorney Sliney ? In this fiscal year they are not that late. I can?t really address the bills from last year, but will look into it. Comm. Newill - Requested that the billings be submitted on a more timely basis and asked the manager to advise him when bills are received. 4.BOARDS AND COMMITTEES A)Board Correspondence ? Letter from the Financial Advisory Board recommending that the Town Commission accept the ?Year End Audit Report.? To be carried over to next month. Commissioner Newill ? The Board itself is questioning their role in the future. I sort of agree with that because some of the questions I hear either when attending or watching it on TV. One of my big concerns is that Mr. Teller is going off that Board next month and he has given so much valuable time and experience with his knowledge of the insurance industry. I do not know if it is possible that we establish an Insurance Advisory Board and ask Mr. Teller to participate on it. Vice Mayor Asselta ? Are you interested in continuing on FAB? Alan Teller ? No. We are changing our life style and will be spending more time up north. I will no longer have the time to devote. Will be leaving in a few days and will not be back until October. Vice Mayor Asselta ? The term of David Stern also Town Commission Workshop Minutes June 26, 2007 Page 7 of 9 expires in ?07, is he going to continue? Reply ? Yes. Comm. Newill ? Mr. Teller are you interested in taking some type of insurance advisory position? Alan Teller ? I would encourage you from time to time have a professional review as you have done in the past Vice Mayor Asselta ? Do you have knowledge of anyone in Town that would have the qualifications for this Board? Would you think about it and let us know. B)Board Vacancies ? ? One (1) Board of Adjustment; Two (2) on Cultural Board; One (1) Beaches and Shores Advisory Board Two applicants for the Cultural Board will be present at the August Meeting, and the applicant for the Beaches and Shores has not been interviewed as of yet. ? Reappointments - Code Enforcement ? Jack A. Halpern Planning Board ? Louis P. Stern Included on the Consent Agenda for next meeting. C)Board Action Report ? None D)Monthly Board Meetings ? ? Beaches & Shores Advisory ? July 10th ? Regular ? 9:30 A.M th ? Cancelled Financial Advisory Board ? Tentative July 10 ? Budget ? ? Planning Board ? July 11th ? Regular ? 9:30 A.M. th ? Board of Adjustment & Appeals ? July 17 ? Quarterly Meeting ? Code Enforcement Board ? July 18th ? Regular - 9:30A.M. . ? Cultural Advisory ? July 26th ? Regular ? 9:30 A.M. Comm. Newill ? What happens with the budget workshop for the FAB, as they had an extremely difficult time coming up with a quorum for the audit. What happens if they cannot get a quorum to have one? You can?t continue pushing it off. Town Manager Sugerman - When the budget draft is set to go, it will be formally sent to the FAB and I will ask them to schedule a FAB Meeting. I will at the same time send copies to the Town Commission. So you will have the same draft that is going to the FAB and the Town Commission can begin to think about holding your own workshops. If the FAB is able to get a quorum and hold a meeting, that will be fine. If they don?t, then the Commission will be in the exact same loop with information. Comm. Newill ? Last year was the first time the Commission rd had a Budget Workshop, but do not recall the date. Manager Sugerman ? It was August 23. I rd will put on the July 3 Meeting Agenda, a tentative date for a Commission Budget Workshop Meeting. Even though some of you will be traveling in August, it will have to be in August, as we will have the first reading of the budget ordinance in September and then the second reading. If the FAB can meet before then and give you comments ? fine. If they can?t, at least you set your date. 5. PROPOSED ORDINANCES AND RESOLUTIONS None Town Commission Workshop Minutes June 26, 2007 Page 8 of 9 6. NEW BUSINESS None 7) MISCELLANEOUS ? ITEMS LEFT OVER A)Minutes Special Exception Public hearing ? May 23, 2007 Workshop Meeting ? May 29, 2007 Include on the Consent Agenda. 8) REPORTS ? TOWN COMMISSION ? Commissioner Trinley ? No Report ? Commissioner Jim Newill, CPA ? No Report ? Commissioner Miriam S. Zwick ? No Report ? Vice Mayor Asselta - The ?Friends of the Library? will be holding a ?Song Fest of rd America? at 7 P.M. on July 3, 2007 at the Library. I would like to encourage as many residents attend as possible. ? Mayor Hagelmann ? Recently was contacted by a Coast Guard Admiral who lives in town and who is in charge to the eastern district. He has offered the town, free of charge, a 37 foot patrol boat that only has 700 hours on it, equipped for patrol duty, and has a high velocity fire hose in front of the boat. A doctor that lives in Highland Beach has offered to let the town use his dock space free of charge. He does not have a boat and is not even considering buying one. In addition, the Admiral will assist us in getting a grant from the Federal Government to maintain it. The Admiral has a 90 day executive hold on the boat. Do we want to pursue this? Vice Mayor Asselta ? We are about two to three years away from having a town owned boat. Can?t see how we can say yes because we do not have money to put officers on the boat. Mayor Hagelmann ? We have the option of selling it. It is hard to turn down a freebee. Commissioner Newill ? recall a paper that Alan Teller did on a boat scenario. The boat is not the large cost, but the insurance and staffing is. It would be irresponsible for the Commission to accept a boat at this time. Commissioner Zwick ? Totally in agreement with Alan Teller?s letter. It was stated that we could sell the boat. The doctor could also sell his house. The Commission would be remiss in accepting the boat. Commissioner Trinley ? Agree with my fellow colleagues. Thank you ? but no thank you. Town Commission Workshop Minutes June 26, 2007 Page 9 of 9 9.REPORTS ? TOWN ATTORNEY Having been through a lot of litigation with the Town, we are going to be lost without Mr. Teller and his experience. The Commission needs to replace this expertise in some manner. Commissioner Newill ? Do we need an outside replacement? Alan Teller ? You need to retain a consultant. I could devote half a year to review the insurance, but not as a member of the FAB. Two years down the road it will be necessary to bring in a professional consultant. 10.REPORTS ? TOWN MANAGER Publicly want to thank Mr. Teller. He has always stepped up to the plate for us with his continual analysis. The Commission thanks you. 11. CONSENT AGENDA None 12.PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING None ADJOURNMENT There being no further business to come before the Commission. Mayor Hagelmann MOTION adjourned the Workshop at 3:15 P.M. upon a by Commissioner Newill seconded by Comm. Zwick. APPROVE: __________________________________________ Harold R. Hagelmann __________________________________________ Joseph J. Asselta, Vice Mayor __________________________________________ Miriam S. Zwick, Commissioner __________________________________________ Jim Newill, CPA, Commissioner _________________________________________ Attest: __________________ Doris M. Trinley, Commissioner Date: ____________________