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2007.09.25_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP Tuesday, September 25, 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; Assistant to the Manager Zoie Burgess 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 . ? None 2.PUBLIC COMMENTS AND REQUESTS ? None 3. PRESENTATIONS : ? None 4.BOARDS AND COMMITTEES A)Board Correspondence ? Correspondence received from Jack Halpern, Chairman of the Board of Adjustment recommending David Stern to fill the vacant position on the Board. Commission Trinley felt the procedure should be changed eliminating the need for the Chairman to make a recommendation. Commissioner Newill ? Agreed. The ultimate decision is Town Commission Workshop Minutes September 25, 2007 Page 2 of 8 made by the Commission. The Chairman should not be required to make a recommendation. Commissioner Zwick ? If there is more than one candidate, the Chairman could get involved. Town Manager Sugerman - Mr. Halpern followed the present procedure and made a recommendation to the Board. Action will be required. Will include as an agenda item to revisit the present appointment policy. Commissioner Trinley ? Where is the recommendation by the Planning Board? Mayor Hagelmann ? Will have one submitted prior to the next meeting. B) Board Action Report ? None C) Board Vacancies ? One (1) Board of Adjustment & Appeals, One (1) Planning Board D) Monthly Board Meetings ? Beaches & Shores Advisory ? October 9th ? Regular ? 9:30 A.M ? Planning Board ? October 3rd ? Regular - 9:30A.M. th ? Board of Adjustment & Appeals ? Qtrly ? Oct. 16 ? 9:30 A.M. th ? Code Enforcement Board ? October 17 - Regular ? 9:30 A.M. thth ? Cultural Advisory ? Oct. 4 and Oct. 24 - Regular ? 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS A)A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CHANGING THE DATE OF THE JANUARY 1, 2008 REGULAR COMMISSION MEETING Commissioner Trinley recommended changing the January 1, 2008 meeting to January 8, 2008.Vice Mayor Asselta and Commissioner?s Newill and Zwick also agreed. Mayor Hagelmann ? include on the consent agenda. B)A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, GRANTING FLORIDA POWER AND LIGHT COMPANY AN UNDERGROUND UTILITY EASEMENT FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND UTILITIES ON PROPERTY OWNED BY THE TOWN OF HIGHLAND BEACH. Town Manager Sugerman stated this resolution if to grant an easement to Florida Power and Light allowing them to install a new underground feeder line. The underground feeder line will be installed at no cost to the Town, and will actually result in FP&L removing all of the overhead lines and the concrete poles that are located right in the middle of our property. The overhead lines and the one pole feeding into the Fire Station will remain in place. Commissioner Trinley questioned how they would handle the high-water table. Tony Newbold from FP&L stated that the switch is pad mounted and rather large. Inside is a Town Commission Workshop Minutes September 25, 2007 Page 3 of 8 cavity that is elevated above ground level. The device is installed at the present elevation, and can withstand some water. The new feeder line will be coming from Boca, laid in the bed of the intracoastal and will end at the switch cabinet. The overall reliability of electric service to the residents of Highland Beach will improve with this additional major feeder line. Commissioner Zwick ? inquired if the reliability will improve in the southern section of the Town? Tony Newbold stated that most of the problems ins the southern section are caused by the landscaping and interference of the trees. Rich Barber of FPL has been working with your Public Works Department attempting to eliminate some of these problems. Comm. Trinley questioned if the pole in front of the new sign would be eliminated. Response ? Yes. Vice Mayor Asselta ?By removing these overhead lines on the Town Hall property, is this the beginning of changing all the lines underground? Tony Newbold ? The state recently passed a law allowing FPL to invest 25% of the cost for the installation of linear distances of at least 3 miles. The Town needs to make a formal request and we will provide a ball park figure of the total cost. If it is doable, the Town will need to provide a 25% down payment and then we will provide a full engineering cost. Vice Mayor Asselta ? Town Manager have we ever attempted an analysis on this? Manager Sugerman ? We were part of an underground utility group, but dropped out. The initial estimated cost was given as $2.25 million dollars per linear mile. Tony Newbold ? That is pretty close to what the ball park figure would be. There are three component to the cost: 1) utility line removal; 2) cost of moving the phone and cable lines; and 3) restoration to private property. All agreed Resolution to be included on the consent agenda. C)AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, GRANTING TO FLORIDA POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE TOWN OF HIGHLAND BEACH, AND PROVIDING FOR AN EFFECTIVE DATE Town Manager Sugerman ? In June of this year, Tony Newbold, FP&L Area Manager presented to the Town Commission a draft 30-year non-exclusive franchise agreement between the Town and FP&L. The proposed agreement would replace the current 30-year agreement which is currently scheduled to run through June 2009. The proposed replacement franchise agreement has a number of modifications and significant new language in it compared to the current agreement. Staff has gone over these changes, and we have worked with the legal department at FP&L, asking for a few language modifications such that the agreement more closely meets the needs of the Town of Highland Beach. Since this item is the granting of a franchise agreement, it will need to be read two times and there will need to be a pubic hearing for each of the two readings. Ordinance No. 07-002 O to be scheduled for a first reading on October 2, 2007. Town Commission Workshop Minutes September 25, 2007 Page 4 of 8 D)AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING IN FULL THE TOWN CODE CHAPTER 29 ENTITLED ?WATER SYSTEM,? SECTION 29-10 ENTITLED ?CHARGE FOR WATER SERVICE,? AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Sugerman ? As part of the budget process this year, we completed a water rate update study. The water rate study was completed with five alternatives. Alternative 1 set the rates for all customers at a level where revenues generated from rates would cover all expenses of operating the water system, including debt service coverage. Alternatives 2-5 assumed an infusion of cash from the General Fund to the Water Fund in increments of $100,000 for each of the alternatives. Although the Town Commission did not take a formal vote, it appeared that an infusion of $200,000 from the General Fund to the Water Fund in FY ?07-?08 would be an acceptable level. The following ordinance will put into place the water rates with an allowance of $200,000 from the General Fund to the Water Fund. This infusion of cash will not be made immediately. We will plan to transfer the funds during the mid-year budget adjustment process (April 2008), which will help us to see if the $200,000 transfer is the appropriate amount midway through the budget year. Mayor Hagelmann ? Why do we have to put this forward now? Residents have been hit very hard between taxes and insurance. Our residents need a break. Not in favor of this going through. Manager Sugerman ? If we leave the rates as they are, we would have a deficit of $800,000 in the water fund. Vice Mayor Asselta ? Are we competitive with neighboring towns? Reply ? Yes. Vice Mayor - Why does the rate for multi family change at 24,000 gallons, but single families at 50,000 gallons? Manager Sugerman ? Condominiums generally have one or two people per unit living in them, and houses average five people per house. Vice Mayor Asselta ? Instead of having these dramatic numbers, why isn?t there more of a blend? Do not understand rationale. Cost of water is the same. Manager Sugerman ? Typically when you buy in bulk, per unit cost is down. In utility rates, we use an inverted curve. The more you use, the more it costs. Mayor Hagelmann ? The Town should consider holding this rate increase off until mid-year. Why make the ordinance now when we have additional monies coming in. Manager Sugerman ? The water fund is losing money. Last year the water fund lost a million dollars. Taxpayers are subsidizing the water fund. Vice Mayor Asselta ? If we do not change the water rates, we will need to increase our taxes to come up with the million dollar deficit. Comm. Trinley - I feel the Enterprise Fund has been reimbursed by the General Fund for years. People will get use to the rate increase. Comm. Zwick ? You are talking about water users and tax payers being the same and they are not. Mayor Hagelmann ? We have ample monies to subsidize the water plant. Comm.Zwick ? You want to take more money out of the reserves that we have been saving over the years. This money is to be used in case of disasters. Comm. Newill ? If you increase the taxes to pay for the water plant, everyone will be paying for the large users. The $200,000.00 subsidy for the water plant is a budgeted item coming from contingency, not from the reserves. Vice Mayor Asselta ? When we adopt the budget, we assume we will collect a certain amount of revenue. We have no guarantee that we will collect all that money. It would be foolish to spend our reserves. No one is benefiting from the increase in water rates. We do not want to bankrupt the town. Mayor Town Commission Workshop Minutes September 25, 2007 Page 5 of 8 Hagelmann ? I want it noted that I am against it. 6. NEW BUSINESS A)Declaring Certain Property to be Surplus Property Town Manager Sugerman ? There were a number of items that were declared ?surplus? by the Commission back in March, but both the Police Department and the Water Department have additional items that are surplus. Included in your file are memos from Chief Angelillo and Director Jack Lee describing the items they would like to dispose of. If the Commission will authorize approval of these items as being surplus and of no further value to the Town, we ill make the necessary arrangements for their disposal. Commissioner Newill ? What about the hard drives in the police computers? Reply ? I will have the Chief dispose of them. Item to be included on the consent agenda. B)Authorizing the Mayor to Sign Amendments#1 for the SR A1A Tree Planting Project (Phase 1) Town Manager Sugerman ? This amendment covers Phase I of the project which is already completed. When we signed the first Joint Party Agreement (JPA), initial design fees were not a reimbursable expense. Initially, FDOT would not agree up front to reimburse for designer fees, just in case the grant was not awarded. Since we did receive the grant, FDOT is now willing to reimburse (on a 50% matching basis) any design fee costs that we originally incurred. In the original JPA, the Town would only be reimbursed after the final acceptance of the project. They now have amended this section stating that they will only reimburse after the certification of the Project and FDOT accepts it. Commissioner Trinley ? Are we keeping the trees that have been donated over the years? Reply ? Yes if they are healthy. Mayor Hagelmann ? Where and what type of trees are they planting in the next phase. Manager Sugerman ? I have a copy of the submitted but not approved plans in my office for review. Item to be included on the consent agenda. 7) MISCELLANEOUS ? ITEMS LEFT OVER A) Minutes ? Workshop Minutes ? July 31, 2007 Special Meeting ? July 31, 2007 Regular Meeting ? August 7, 2007 (date corrected from 8/3/2007 to 8/7/2007) Moved to ?Consent Agenda? Town Commission Workshop Minutes September 25, 2007 Page 6 of 8 8) REPORTS ? TOWN COMMISSION ? Commissioner Trinley ? Has their been any response to the advertisement for our property in Boca? Manager Sugerman - The ads have not been placed as of yet. We are going to establish a link on our website to give the specifics, so will not advertise until that is complete. Working towards the first week in October. It will be on an on- line advertisement in the NY Times. Commissioner Trinley - When they take our hook and ladder our for maintenance, do they bill us separately? Manager Sugerman ? Will check into it and let you know. ? Commissioner Jim Newill, CPA ? Want to publicly thank the lady from Seagate who picked me up on the side of the street when I got caught in the rain while walking. Last meeting I stated that I would not be here today as I would be attending a conference in Orlando. Withdrew from the seminar so that I would be available to interview the potential candidates for town auditor scheduled for tomorrow. I have reimbursed the Town for the monies lost from my withdrawal from the conference. Also have figured out that I will save $17.81 in my taxes this year, and will donate that money to the Town. ? Commissioner Miriam S. Zwick ? Some of our thunder was stolen when the Judge in Tallahassee declared the ?Proposed Property Amendment? scheduled for the January election unconstitutional. The meeting with Commissioner McCarty was great. The background material supplied by her staff was complete. They supplied the address of a website to figure out what the savings would be on your taxes if this was approved. ? Vice Mayor Asselta - I recognize the distinction between day to day management and the policies that are already set. Have no intent of micro-managing the police department, but the overall responsibility of the public safety of our residents rest with the Commission. We thought we cured the short staffing problem in the police department by eliminating two sergeants and replacing them with two patrolmen. But, that did not work out in accordance to legal advice given by our Town Counsel. Due to a law suit discussed in private meeting, those positions were not filled. Chief Angelillo - Originally budgeted to have four sergeants and nine patrolmen. The force is presently down to nine officers, including two sergeants. Officers are presently working eighteen hour shifts and are exhausted. Requesting two additional patrol officers. In the future Milani Park will be opening and Vice Mayor Asselta requested some beach patrols. Commissioner Newill ? Why were these two patrol officers not included in the proposed budget? Chief Angelillo ? The beach patrol was not discussed until after the budget was presented, and since that time we have lost one officer to workman?s comp and another to a possible career ending injury. Manager Sugerman ? Following the advice of Labor Counsel, two slots were not filled. When we were discussing the budget, we were not considering adding two more positions. It will take an amendment to the budget to fill an additional two slots. Mayor Hagelmann ? We are in an emergency situation. How long will it take to add two additional officers? Reply ? Need to talk to Counsel. How does our police department staff compare to other towns Town Commission Workshop Minutes September 25, 2007 Page 7 of 8 in the area? Chief Angelillo ? Golden Beach ? population 1,000 has 18 officers; Jupiter Island ? population 2,000 has 16 officers; Ocean Ridge ? population 2150 has 15 officers. We are short staffed. The residents deserve the best. Vice Mayor Asselta ? In the current budget there are some funds that can be used. Manager Sugerman ? Current budget has money left since not all the positions have been filled. Need to check with our Labor Counsel. Vice Mayor Asselta ? Advice of counsel does not hold when we are talking public safety. His advice was wrong with the lawsuit on the sergeant position. We should have held one position open and filled the other. Town Attorney Sliney ? If the Town Commission wants to add additional slots to the police department, they should approve them. Then, we can make adjustments to the budget to fund them. Vice Mayor Asselta ? We need the additional slots right away. No one has control over injuries, training and illness. Fill the additional slots and we will address the sergeant positions when the lawsuit is settled. Labor Counsel was going to keep us inform on the progress of the federal lawsuit. How is it going? Manager Sugerman ? Slowly. ? Mayor Hagelmann ? The National Conference on Beach Technology is being held in thst Sarasota from January 20 to February 1. Let us know if you are interested in attending at the next meeting. Received the employee surveys back. It appears they would like to have a barbeque. It th will be held beginning at 1 on December 7 ? Pearl Harbor Day. Vice Mayor Asselta ? Has it been decided whether the Town is going to pay or the Commissioners? Mayor ? It will not be expensive. Comm. Trinley ? Where is the money coming from? Vice Mayor Asselta ? It is not the cost, but the principle. Do you think it should be paid from town funds? Mayor ? The Town Manager has offered to contribute. Comm. Zwick - You brought it up. It started with employees having a covered dish to the Commission giving a contribution. Comm. Newill ? I do not feel the Manager needs to contribute. Whatever it is, the Commission should buy it. 9.REPORTS ? TOWN ATTORNEY None 10.REPORTS ? TOWN MANAGER My report was going to be on the constitutional amendment, but it is has become moot. 11. CONSENT AGENDA ? None Town Commission Workshop Minutes September 25, 2007 Pa e 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Anita Pearlman - 2352 S. Ocean Blvd. We have six houses that form an association. Each house has approximately 2/3 people living in it with individual meters and the association pays as a group to irrigate the landscaping that is on town property. Are we charged the mutt-rate for this landscaping water? We are considering eliminating this common water bill and the town can water their own landscaping. Comm. Trinley - It is actually not the Town's property, but FDOT right-of-way. Mana eg_r Su erman -There are other associations in town where the individual property owners have a meter for their home and then have a common meter for the landscaping. The Town's Code of Ordinances states that the adjacent property owner is responsible for the perimeter landscaping. 13. ADJOURNMENT There being no further business to come before the Commission. Mayor Hagelmann adjourned the Workshop at 3:45 P.M. upon a MOTION by Commissioner Zwick; seconded by Comm. Newill. APPR(1VF• lloris M. Trinley, Commissioner Attest: Beverly M. rown, Town Clerk Date: v- ~ ~ 4Z'