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2007.07.03_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, July 3, 2007 1:30 P.M. Mayor Harold R. Hagelmann called the Regular Meeting 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 M. Trinley. 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. 1, ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Mayor Hagelmann inquired if there were any ?Additions or Deletions?? None submitted. 2.PUBLIC COMMENTS AND REQUESTS Jacqueline Dolce ? Braemar Isle Condo ?Feel the traffic light is extremely important. Traffic on A1A does not stop for pedestrians in the crosswalks nor a fireman trying to stop traffic to get a fire truck out. Have never seen a fire house without a traffic light. Dan Palaske ? Dalton Place ? Would like to speak in regards to the traffic light. Just because we have a two lane road, the fire house still needs a light. Request that the Commission reconsider the installation of the light. We are jeopardizing the safety of the fireman without one. George Kelvin ? Braemar Isle Condo ? Town is fortunate to have a Mayor with a life time experience as a fireman. His recommendation alone should be sufficient to install a traffic light at the fire station. Deanna Kelvin ? Braemar Isle Condo ? This is a wonderful town; have money to buy everything; population at the height of the season is less than 8,000. We have our own police, fire and EMT?s. Why is the Commission voting against a traffic light that will protect our public safety personnel? Do we have to wait for a fire fighter to get hurt? Town Commission Minutes July 3, 2007 Page 2 of 11 Alan Teller ? 4210 S. Ocean Blvd. ? It is interesting that our cable TV has been out for the past two weeks, but all these people are attending on one subject. If you post the agenda as far in advance as possible on Channel 19, you might have more people attend. The tax legislation that was passed will reduce our revenues by seven to eight hundred thousand dollars. Would be a good idea to have on every agenda the status or progress being made in the sale of our surplus property. Vice Mayor Asselta ? If I read the legislation correctly, there are other means to recoup the money. 2.PRESENTATIONS A) Beaches and Shores Advisory Board ? Lucy Miller, Chairman The Beaches and Shores Advisory Board has assembled the following points for your consideration regarding Palm Beach County?s intent to construct a public park on the property known as ?Milani Property.? 1) Safety ? The property consists of a very shallow beach with rocky terrain that is quite slippery. It is conducive to snorkeling & fishing, not for beach activities. 2) Protection of Private Property ? Beachfront neighbors of the park have voiced their concerns that a ?spillover? of bathers will infringe upon their private property, especially since the beach area at the park is quite shallow. 3) Traffic ? There is considerable angst on the part of the residents of Highland beach in that a hundred vehicle parking lot is not in keeping with the quiet residential nature of the town. Spanish River Boulevard is already congested from beachgoers to Red Reef Park. 4) Police Presence ? The increased traffic will impose an additional burden on the Highland Beach Police Force. 5) Archeological Remains ? There is concern for the disturbance of the archeological site on the Milani and adjacent properties. The proposed park lends itself to a more passive type of park used for instructing school students about environmental concerns. 6) Sea Turtle Protection ? The presence of a public park would require a caging and release program for the sea turtles in the area. Last year there were 7 turtle nests at Milani Park, but 40 nests in Zone 1 where the proposed park is located. Since Highland Beach is comprised of an entirely volunteer Sea turtle program, we are unprepared to competently administer a cage and release program. 7) The present budgetary adjustments being required of all Palm Beach County residents indicate that the money being spent on an unneeded and unwanted park would not be in the best interest of the citizens and is indicative of an unwise fiduciary policy. Commissioner Newill ? Want to commend your Committee on this report. Mrs. Miller ? Would also like to thank Jim Wanat for all his assistance. Vice Mayor Asselta ? Thanked the committee for the excellent job, and requested that a copy of the report be sent to both the Planning Board and the Board of Adjustment. MOTION : Commissioner Newill moved to accept the report from the Beaches and Shores Advisory Committee and forward to the Board of Adjustment and Planning Board; seconded by Motion carried on a unanimous voice vote Vice Mayor Asselta. . B)Information Technology Report for the Town of Highland Beach ? Mike Taylor, Florida League of Cities Mr. Taylor ? Thanked Town Manager Sugerman and former Assistant to the Town Manager Sue Gray for their support. Without it, the evaluation would not have been possible. The Town of Town Commission Minutes July 3, 2007 Page 3 of 11 Highland Beach has made significant strides in the implementation and use of technology over the past several years. The introduction of Microsoft Windows based workstations along with a simple, effective network has positioned the Town to significantly improve the efficiency and effectiveness of its operations. The Town of Highland Beach is ahead of many similar-sized towns. In addition, the Town has selected appropriate enterprise software for Finance, Police, Building and Payroll. Governance : 1) Resolve Staffing issues ? With the departure of the Assistant to the Manager, the Town will likely need to rely on an external service provider. Recommend that the new Assistant to the Town Manager possess technology aptitude to perform the duties that are handled by the current Assistant to the Town Manager. 2) Create a Backup Plan - The town lacks a formal technology backup plan. Recommend developing a formal, documented, system backup process and that all backups be verified daily and recorded in a log. 3) Improve Disaster Recovery Plan ? The Town has a Comprehensive Disaster Recovery Plan that includes technology functions. However, we recommend enhancing the technology portion of the plan. Planning for different types of disasters is important, because each type requires a different response and different resources. 4) Create Policies and Procedures ? The Town does not have technology polices or procedures in place. As technology becomes increasingly important, the Town must protect itself from potential misuse, ensure it?s technology is well-managed and acquire the proper technology for the Town. Technology - 1) Segregate Server Duties ? The Town should move enterprise applications such as Fund Balance and PTWin to the new application server. All user file folders should be migrated to the new server, freeing up space on the Small Business Server providing users with faster response times. 2) Workstation Virus Software and Definitions ? Currently, anti-virus definitions are downloaded and installed on machines weekly. The Town should check for virus definitions throughout the day and when new definitions are released, they should be pushed to all clients on the network. 3) Install Windows Server Update Services (WSUS) ? The Town should install WSUS to automate the patching process across the organization. Through WSUS, clients automatically download and self-install updates and patches without user intervention. 4) Town-Wide Imaging Plan ? It was apparent that the Town is very interested in implementing an imaging plan. Imaging must be an enterprise-wide project where all participating departments use the same system. To begin a Town-wide document management program, the Town must establish a task force to develop a strategic plan for implementing document management and imaging. Internet ? 1) Move to Template Driven Site ? The Town Web site is managed by the Assistant to the Town Manager, and must determine how it will be managed after her departure. The Town has an opportunity to maintain the Web site through in-house personnel by leveraging a content management system, such as GovOffice, Virtual Town Hall, or Civic Plus. These systems enable non-technical personnel to easily upload content to the Web site. 2) Improve Web Site Content ? Part of the discussion of a Web site task force should focus on how to provide citizens with access to information and resources in the easiest manner possible. Commissioner Newill ? Pleased to see that we are ahead of the curve and that he recognized the work that Sue Gray accomplished while she was an employee. Vice Mayor Asselta ? Can the Town Commission Minutes July 3, 2007 Page 4 of 11 imaging be outsourced? Town Manager Sugerman ? We will begin to do all our own imaging except for the large maps and plans with the Building Department. Mike Taylor ? The Building Department can request that plans be submitted on a cd-rom. Town Manager Sugerman ? This report sheds some light on where we are, and recognize that we are slightly ahead of the curve. A lot more work needs to be done. Policy and procedures have to be adopted. As part of his report, Mike has supplied us with the templates to complete this task. In the next few years it will necessary for us to spend some money to implement some of these recommendations. But, it will not happen all within one year. 4. BOARDS AND COMMITTEES A) Board Correspondence Financial Advisory board recommending that the Town Commission accept the Year End Audit Report. Action will be taken under ?Miscellaneous ? Items Left Over.? Commissioner Newill ? The FAB has been doing a self analysis. What is their role and will they be able to continue? If they are questioning their existence, perhaps so should we. The Town Manager is in charge of the financial stability on a day to day basis. Vice Mayor Asselta ? As the Board is now, it appears the expertise has been provided by the Finance Director, Town Manager, and Comm. Newill. The ultimate financial decisions are made by this Commission. Most responses received by the FAB are for the Commission to hire a consultant. Do not see any MBA?s with finance degrees showing up to volunteer. My thought is to disband this Board unless we have someone volunteer that has some expertise. Commissioner Zwick - Following along those lines, we always have the ability to appoint an ?Ad-Hoc Committee.? We can establish an ?Ad-Hoc Committee? as needed, rather than continuing with an ongoing Committee that has problems getting a quorum. Comm. Newill ? Alan Teller is leaving the Board this month, and do not want anyone to say the balance of the Board is not qualified. They are highly qualified people in the corporate world, but municipal finance is quite different. If the Committee is abolished now, remember we are in the budget process and also need to search and hire an outside auditor for the next three years. Commissioner Trinley ? Agree with the comments. Do not see any qualified applicants in the Talent Bank. Vice Mayor Asselta ? Do not know who is available to work on the budget, and we can always appoint an ?Ad-Hoc Committee? to search and interview for an auditor. Comm. Newill ? Both projects can be taken on by the Commission with no problem. Vice Mayor Asselta ? What seems to always work is one Commissioner working with a staff member to get things accomplished. Alan Teller ? Interestingly enough, I agree most of the remarks. It will be difficult replacing members on the FAB. Board Members should be treated with respect. They are volunteers with no personal gain. Look at the Commission, no one has a Masters Degree in Government, but you are doing a good job. Town Manager Sugerman ? The FAB has been struggling of late. It has been difficult scheduling meetings. Government accounting is foreign to a number of the members. The fiduciary responsibility of this town rests with this duly elected Commission. The Commission might from time to time need to appoint an Ad-Hoc committee for a specific topic. If this is the direction that the Commission wants to take, I will write thank you letters to the members of FAB. MOTION: Vice Mayor Asselta moved to disband the Financial Advisory Board immediately and to appoint Ad-Hoc Committees as needed; seconded by Commissioner Newill. Town Commission Minutes July 3, 2007 Page 5 of 11 ROLL CALL : Vice Mayor Asselta ? Yes Comm. Trinley - Yes Comm. Newill - Yes Comm. Zwick ? Yes Mayor Hagelmann ? Yes MOTION CARIED UNANIMOUSLY B) Board Vacancies Vacancies: One (1) Board of Adjustment and Appeals; Two (2) Cultural Board; One (1) Beaches and Shores Advisory. Talent Bank Applicants for the Cultural Board will be present at the next Meeting. C)Board Action Report Accepted report as submitted. D)Monthly Board Meetings ? read into the record by Mayor Hagelmann th ? Beaches & Shores Advisory ? July 10 ? Regular ? 9:30 A.M th ? Planning Board ? July 11 ? Regular ? 9:30 A.M. th ? Board of Adjustment & Appeals ? July 17 ? Quarterly Meeting th ? Code Enforcement Board ? July 18 ? Regular ? 9:30A.M. . th ? Cultural Advisory ? July 26 ? Regular ? 9:30 A.M. ? Financial Advisory Board ? None Scheduled 5. PROPOSED ORDINANCES AND RESOLUTIONS A) RESOLUTION NO. 07-010R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, FINDING THAT THE EXPENDITURE OF MONEY IN SUPPORT OF THE PROPOSED AMENDMENT TO THE PALM BEACH COUNTY CHARTER SERVES A PUBLIC PURPOSE; PROVIDING THAT THE DISSEMINATION OF INFORMATION CONCERNING THE IMPACTS OF THIS AMENDMENT ON THE CITIZENS OF THE COUNTY AND THE TOWN IS ESSENTIAL TO THE HEALTH, SAFETY, PROTECTION AND WELFARE OF ITS CITIZENS; PROVIDING AND EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner Trinley questioned if there was any money left over, would it be redistributed? What accounting is there of the money? Town Manager Sugerman ? The money is being spent through a PAC and Florida campaign financing rules will apply. MOTION : Commissioner Newill moved to adopt Resolution No. 07-101R; seconded by Commissioner Zwick. Town Commission Minutes July 3, 2007 Page 6 of 11 ROLL CALL : Comm. Newill - Yes Comm. Zwick ? Yes Comm. Trinley - Yes Vice Mayor Asselta ? Yes Mayor Hagelmann ? Yes MOTION CARRIED UNANIMOUSLY 6.NEW BUSINESS A)Authorizing the Purchase of a 150 KW Generator for Sewage Lift Stations Public Works Director Jack Lee ? This year?s annual operating budget includes an appropriation of $37,000.00 for the purchase of a 150 KW trailer-mounted generator to be used at sewage lift stations during times when the electricity from FP&L is out ? typically after a storm. The reason going to 150 KW is in case the other one failed, it would give us the ability to move one around to keep the lift stations from backing up. Our current generator is more than 30 years old and needs to be declared surplus and sold. We have secured three bids for the purchase of the generator. Unfortunately, the amount that was allocated in the budget in this fiscal year is less than the amount of the lowest bid. The estimate that we received last April ($37,000.00) was significantly lower than the actual cost of the new generator this year. The three bids obtained are: OK Generators - $46,805.00; Don Hillman, Inc. - $55,445.00; and TAW Power Systems - $56,265.00. After several discussions with the owner, it appears that he gave us an incorrect quote or forgot to include the duel axle trailer and fuel tank that the generator would be mounted on. If the Commission determines that the purchase is appropriate, the first $37,000.00 is available in Account #402-535.000-564.000 and the balance can be taken from the Sewer Reserve for Contingency - #402-535.000-599.000. MOTION: Commissioner Newill moved to purchase a 150 KW Generator for the sewage lift stations; seconded by Commissioner Zwick. ROLL CALL: Commissioner Newill - Yes Commissioner Zwick - Yes Commissioner Trinley - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes MOTION CARRIED UNANIMOUSLY Town Commission Minutes July 3, 2007 Page 7 of 11 B)Selecting a Voting Delegate and Alternate to the Florida League of Cities Annual Conference It was agreed that Commissioner Zwick would be the Delegate and Commissioner Newill would be the Alternate. 7)MISCELLANEOUS ? ITEMS LEFT OVER A)Acceptance of the Comprehensive Annual Financial Report for the Fiscal year Ended September 30, 2006 Town Manager Sugerman stated that the only action that the Commission can take is to accept the report or reject it. The Financial Advisory Board reviewed the Report with representatives of Nolan, Holt & Miner, PA, and recommends that the Commission accept it. MOTION: Comm. Zwick ? moved to accept the Comprehensive Annual Financial Report for the Fiscal Year ending September 30, 2006; seconded by Commissioner Newill. ROLL CALL: Commissioner Zwick - Yes Commissioner Newill - Yes Commissioner Trinley - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes MOTION CARRIED UNANIMOUSLY B)Setting a tentative date of the August Budget Workshop Commissioner Newill ? Since we no longer have a Financial Advisory Board, the budget will go directly to the Commission. Commissioner Trinley ? I would like to have Commissioner Newill review if before the first scheduled Workshop. Town Manager Sugerman ? My goal is th to have the Budget to the Commissioners by the 24 of July. The Budget Workshop should be st scheduled about three weeks later. The 1 reading setting the millage rate will be at the th September 4 Commission Meeting. After reviewing everyone?s schedule, it was decided that thst budget workshops would be held on August 14 and 21, starting at 2 P.M. Commissioner Newill requested that once the Commissioners review the budget, that they send their questions in writing to him. Town Commission Minutes July 3, 2007 Page 8 of 11 C)Reconsideration of the Decision ?Not to Install a Traffic Control Signal in Front of the Town?s Fire Station? Mayor Hagelmann stated that he had requested this be put on the agenda. Commissioner Zwick asked if he was asking the Commission to rescind the motion made at last month?s meeting? Town Attorney Sliney ? Anyone of the Commissioners can request that an item be put on the agenda. A motion to rescind or amend can be made by anyone. Mayor Hagelmann ? The Town Manager made a number of comments about the letters entered into the file by the Fire Chief and the former Police Chief. (Letters were read into the file) Town Manager do you have something to say? Vice Mayor Asselta ? Challenge this whole discussion. Believe it is ?Out of Order.? Town Manager Sugerman ? The letter from the Fire Chief is extremely ambiguous. Example - statements like ?could be used? and ?could also assist.? Rock solid in my beliefs that these letters were sent at your request. Mayor Hagelmann - Do not feel these letters were ambiguous. Continued to read letters that he received from residents of Highland Beach in favor of the traffic light. Vice Mayor Asselta ? These professional people were not cajoled by you to send these letters? Mayor Hagelmann ? No. The traffic light is for the safety of the men and women who protect us. Commissioner Newill ? Questioned the date of the letters presented at the January 3, 2006 meeting. MOTION: Mayor Hagelmann moved to rescind the ?stop work order? that was approved at the June 6, 2007 meeting and to notify Palm Beach County to continue with the approvals. Motion died for a lack of a second. 8) REPORTS ? TOWN COMMISSION Commissioner Trinley ? Stan Novak has promised that we would receive by the end of the month the recalculations of the February 2007 utility bills. Will they be given a credit? Town Manager Sugerman - That will be determined when the bills are reviewed. Commissioner Newill, CPA ? Dumbfounded that the Mayor went out and told a town contractor what to do. Do not understand how you do not know that the Town Manager is the CEO of the Town. Mayor Hagelmann ? Will give a report to answer that letter, as it was complete fabrication. Commissioner Zwick ? No report. Vice Mayor Asselta ? Want to thank Eliot Kleinberg from the Palm Beach Post for writing an th article about this evening?s event at the Library. Some history - On the 4 of July 1776, King George wrote in his diary ? nothing of importance happened this date. Mayor Hagelmann ? With the Commission?s consent, would like to send a letter to Commissioner Mary McCarty thanking her for the discretionary funds that the Town of Town Commission Minutes July 3, 2007 Page 9 of 11 Highland Beach has received. Commissioner Trinley ? Has she solicited this letter? Mayor Hagelmann ? Yes. She has been helpful this past year in directing $12,500.00 of her $1.2 million in total discretionary funds to Highland Beach. Commissioner Newill ? Is this an attempt not to cut these funds out of the budget next year? Reply ? Yes. MOTION : Commissioner Trinley moved to authorize a letter from the Town Commission thanking Commissioner McCarty for the discretionary funds awarded to the Town of Highland Beach; seconded by Vice Mayor Asselta. ROLL CALL : Comm. Trinley - Yes Comm. Newill - No Comm. Zwick ? Yes Vice Mayor Asselta ? Yes Mayor Hagelmann ? Yes Motion Passed 4-1 Vote 9)REPORTS ? TOWN ATTORNEY Town Attorney Sliney ? After reading the report from the Beaches and Shores Advisory Board, it brings forth the complexity of this application. In the Special Exception section of the Code, there are 19 sub sections. With the previous application, the Town hired an independent planner. We all need to know ? there will be a county park. Strongly recommend that the Commission hire a planning consultant to represent the Town. In addition, as you go along, you might need to hire additional professional experts. Vice Mayor Asselta ? What are the time constraints? st Attorney Sliney ? The next Commission meeting is July 31. The Board of Adjustment will be th looking at two variances at their July 17 Meeting. It might go before the Planning Board in September. Perhaps the original committee should meet and make a single recommendation for what areas we will need professional experts in through the review process. Commissioner Newill ? Do consultants have to go out for bid? Town Manager Sugerman ? Under Consultant?s Competitive Negotiations Act, we would have to go out to bid if it was more than $25,000.00 in fees. Attorney Sliney ? Not every consultant is covered by that law. Commissioner Trinley ? Understand the need for a land planner, but what other type would we need? Attorney Sliney ? Historical, traffic, beach. Have a thick file on this park. Beach Access ? what is intensity of use? Mayor Hagelmann ? Joe Yucht should continue to be part of that committee. Commissioner Zwick ? The original committee did not include Mr. Yucht. He was only included after Boca Highlands requested that they be represented prior to the application being resubmitted. Attorney Sliney ? The Town Commission wanted to give consideration to Boca Highlands and appointed Joe Yucht during that phase of discussion. Now we are looking at experts that will represent the whole town?s interest. For this meeting, it should be limited to the initial three people. Town Commission Minutes July 3, 2007 Page 10 of 11 10)REPORTS ? TOWN MANAGER No report. Commissioner Newill ? Do you have an up date on the sale of the land? Town Manager Sugerman ? We received the revised appraisal, but did not receive anything else on the ?Offer to Purchase.? Vice Mayor Asselta ? Suggest that the Town be more aggressive. Mayor Hagelmann and Commissioner Newill ? Would also like to see the Town get more aggressive. Town Manager Sugerman ? Have talked to the agent that forwarded us the proposal, but nothing else has been forthcoming. Concerned with working with an agent because of the commission factor. MOTION: Commissioner Zwick ? Prior appointed committee become active again and look into possible sale of excess land. Committee to work with principles only and report back to the Town Commission; seconded by Commissioner Newill. Voice vote taken with all in favor . 11.CONSENT AGENDA MOTION: Vice Mayor Asselta moved to approve the Consent Agenda; seconded by Commissioner Newill. ROLL CALL : Comm. Zwick ? Yes Comm. Trinley - Yes Comm. Newill - Yes Vice Mayor Asselta ? Yes Mayor Hagelmann ? Yes. MOTION CARRIED UNANIMOUSLY 12.PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING None 13.ADJOURNMENT There being no further business to come before the Commission. Mayor MOTION Hagelmann adjourned the Workshop at 3:55 P.M. upon a by Commissioner Zwick seconded by Commissioner Newill. Town Commission Minutes July 3, 2007 Page 11 of 11 APPROVE: __________________________________________ Harold R. Hagelmann __________________________________________ Joseph J. Asselta, Vice Mayor __________________________________________ Miriam S. Zwick, Commissioner __________________________________________ Jim Newill, CPA, Commissioner _________________________________________ Doris M. Trinley, Commissioner Attest: _________________________ Date: ____________________