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2007.10.30_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP Tuesday, October 30, 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 . ? None 2.PUBLIC COMMENTS AND REQUESTS Gerry Marshall – 1088 Bel Lido Drive Have reviewed recent reports in regards to water prices, rates and usage. Water usage went down once there was an increase in fees. Request that Commission “table” water rate increases. Joe Yucht – Boca Highlands Appointment of a Parliamentarian –recommend that you appoint someone from the outside. Not part of the present government structure. Rene and I are in the process of arranging a meeting with Dr. Michael Gordon of the University of Miami Medical School to come and speak to the residents of Highland Beach. We hope to schedule it in February. More information will be forthcoming. Water bills – Concerned that there is a base increase from $20.00 to $30.00 and a rate of $1.90 to $2.22 and $2.50 to $2.70. There is also disparity in users. The condos pay more than the homeowners, but it costs the same to produce. Should not have any disparity in users categories. Town Commission Workshop Minutes October 30, 2007 Page 2 of 9 Arlen Voress – 4402 Intracaostal Would like to add to Gerry Marshall’s comments. When I left office in 1999, the value of property in Highland Beach was 745 million; now it is 2 billion 254 million. The unallocated reserves in eight years have gone from $500,000 to 3 million. The Town is receiving more money in taxes than it is spending. Feel you should take the money from the sale of the water fields and apply to offset the debt of the water plant, rather than increasing the water rates. Suggest taking the money from the unallocated reserves and lending it to the water plant. Once the property is sold then pay back the reserves. Economy is taking a hit. People on fixed incomes are pressed hard to stay alive. Comm. Newill – Whole heartedly agree with Arlen’s comments. Money can be lent with an unspecified interest rate. Comm. Zwick – Agee with Commissioner Newill. But how can we write an agreement that will guarantee that another Commission cannot come along and change the terms. Vice Mayor Asselta – The people here understand what is going on. The people who proposed the bond issue that was approved seven or eight years were not accurate with the cost of the plant. Rates have to be adjusted. Suggest we set up a new line account for the land and borrow the money from the unallocated reserves to provide the funding to maintain the water plant at the present rates. David Goldberg – 1023 Russell Drive Presently own a tri-plex on Russell Drive. My water bills used to be $250 now they have increased to $460. Have worked on controlling the water usage, but I cannot tell my tenants that they cannot take a shower. Why are there three tiers? Isn’t the cost of producing a gallon of water the same for everyone? Wish Commission would reconsider increasing the water rates. Art Selnick – Toscana I have been a resident for twenty two years, and have given three generations of service to this country. Commission is not doing justice to this town. Not living up to your responsibilities. Feel you should all be replaced. David Scherer – Highland Beach Police Department It has been my privilege to show new employees around the Town, and am very happy to serve here. Chief Angelillo has made a lot of improvements since he has been appointed, and there is a positive attitude in the Department. As a member of the Executive Committee of the Police Lodge, we would like to offer to provide the food for the employee’s barbeque on th December 7. Comm. Newill – Thank you, but I have already made a commitment to pay for one fifth of the expense. Comm. Zwick - The Commissioner made a commitment to purchase and serve the food at the barbeque for the morale of the employees. We hope you are all satisfied with us and our work. Thank you for the offer. Town Commission Workshop Minutes October 30, 2007 Page 3 of 9 3. PRESENTATIONS : A) The Town Commissioner welcomed new employees: Officer Kyle Cimiotti – Previously served for twenty two years with the Homicide Division of the Washington DC Metro Police Department and four years with Broward County Sheriff. Cale Curtis – Accounting and Payroll Officer. Started with us as the part time accounting and water billing person, and now has accepted the position of Accounting and Payroll Officer. B) Town Manager Sugerman asked for a matter of “Personal Privilege” and introduced colleague Ron Bergman, retired City Manager from Portland, Oregon. Update on Tropical Storm Noel -The center is about 430 miles SW of Palm Beach, moving in a westerly direction. The prediction is that it will be turning north in the next 24 hours. C) Beaches and Shores Advisory Committee The Beaches and Shores Advisory Committee wished to bring to the attention of the Town Commission the concern of the citizens of the Town regarding the cleanliness and conditions of the beach. The members of the advisory board have received more complaints about this subject than any other. The 25 or so volunteers who daily walk our beaches from March through October can testify to the poor conditions they encounter such as broken glass, metal pipes, splintered wood and hypodermic needles. The ordinances specifically refer to beach cleanliness, but the town’s “Nuisances” ordinance is the overall ordinance in which town cleanliness is defined and enforced. The Beaches and Shores Advisory Committee believes the current situation should not continue. We request your approval to proceed with a four part action plan toward “cleaning up” our beaches: 1) While some of the current ordinances should be maintained; they should be expanded upon and strengthened to include more specific standards. 2) Cleaning of beaches should be studied from a “town” perspective rather than a “private owner perspective.” 3) Professional beach cleaning services standards need to be tightened to include more consistent methods of cleaning. 4) Enforcement of whatever direction is taken needs to be determined. What is the public’s role and what is the role of local government enforcement? We have studied all of the above actions and are ready to move forward at the direction of the Town Commissioners. We are prepared to respond to your directions and requesting that you appoint our Board to review the standards and both update them and suggest ways of enforcement. We would also like to thank Bill Moore and his staff for working conscientiously with us. There are 15 receptacles on the beach and his department empties them three times a week. Comm. Trinley – I have lived on the beach for eighteen years, and the trash is Town Commission Workshop Minutes October 30, 2007 Page 4 of 9 not put on the shore by the residents. If you agree, how could you enforce the regulations? Chairman Miller – Trash washes in from the sea. The property owner needs to keep the beaches clean just as they do their front yards. Vice Mayor Asselta – Good job. During Mayor Reid’s term, he volunteered to be the co-coordinator to conduct a survey to see if the property owners wanted to participate in a project to clean the beaches. Do you know what happened to the research? Chairman Miller – The main concern was the property line. Town Attorney Sliney – Have been listening to this presentation. 1) Ordinances need to be reviewed. Beaches and Shores can be assigned that responsibility. 2) Code Enforcement situation constitutes a ‘nuisance.” If the property owner does not comply, they can be brought before the Code Enforcement Board and fined. The property owners need to take responsibility. Commissioner Newill – The Town Attorney should also work with the Beaches and Shores Committee. Commissioner Zwick – Town Attorney was very definite on where we can go with this – Code Enforcement Board. If a complaint is made; the Police investigate it; if not corrected they can forward to the Code Enforcement Board who can issue a monetary fine. 4.BOARDS AND COMMITTEES A)Correspondence ? None B) Board Action Report ? None C) Board Vacancies ? None D) Monthly Board Meetings ? Beaches & Shores Advisory – Nov. 13th – Regular – 9:30 A.M ? Planning Board – Nov. 14th – Regular - 9:30A.M. ? Board of Ad. & Appeals – Qtrly/Hearing – Nov. 15th – 9:30 A.M. ? Code Enforcement Board – Nov. 21st - Regular – 9:30 A.M. ? Cultural Advisory – Nov. 16th - Regular – 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS A)ORDINANCE NO. 07-002 O – TABLED 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 Commission Workshop Minutes October 30, 2007 Page 5 of 9 MOTION: Vice Mayor Asselta moved to remove “Ordinance No. 07-002 O from the table, seconded by Commissioner Zwick. Unanimous vote. Town Attorney Sliney stated that he had a concern in regards to the language on Section 11 stating the Town would waive claims under the current franchise agreement. Since this is an administrative matter, have been discussing it with the Town Manager and the Finance Director. FPL has proposed inserting the following: “not asserted in writing within 120 days after the effective date of this Ordinance.” Both the Manager and the Finance Director agree with this wording. th Ordinance will be scheduled for a “First Reading” on the November 6 Agenda. Comm. Zwick stated that the south part of town still has black outs during windy times and thought that FPL was making improvements to the relay system. B)ORDINANCE NO. 07-003 O 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 ST FOR AN EFFECTIVE DATE. (1 Reading 10/2/07, Published 10/19/07) Comm. Zwick – We need to sit back with this ordinance after listening to all these people speaking against it. Passing it at this time would be counter productive. We all want the water plant to be self sufficient. Need to consider borrowing the money from our reserves until the property in Boca is sold. Vice Mayor Asselta – We cannot make a motion at a Workshop, but recommend that we put the ordinance on hold. At the next “Regular Meeting” consider borrowing money from the “Reserves” until we can come up with a better solution. Comm. Newill - Can we table this ordinance while the Town Attorney investigates the feasibility of the water budget taking a loan from the reserves? Town Attorney Sliney – You need to carry it over to the “Regular Meeting” and have it read on second reading, but not pass it. Town Manager Sugerman – It has been an interesting six weeks and commend the residents for the fact finding work they have done. A lot of great ideas have come forward. Launching point for next week’s meeting: Everyone understands that the water system has expenses that must be paid: employee salaries, chemicals, debt service, maintenance, insurance, electricity. The gap between revenue and expenses runs between four to five hundred thousand dollars. The proposals brought forward suggest borrowing money from the unrestricted reserves. Rather than just borrowing the money, we could issue a “line of credit” and borrow the money when it is needed. The reserve money is presently in the Town Commission Workshop Minutes October 30, 2007 Page 6 of 9 state investment pool earning 5.6%. Commissioner Zwick is concerned whether we can pass a Resolution that will restrict any future Commission from changing the conditions. Do not think we can tie the hands of a future Commission. Vice Mayor Asselta – No matter what we do, future Boards can undo. Comm. Newill – Can we adjust the interest rates monthly according to what we are losing? Town Attorney Sliney- One would have a hard time saying that a future Commission cannot change something done by this Commission. You could make it in the form of a contract. Will look into it. Town Manager Sugerman – Suggest tabling the water rate ordinance at the next meeting and give the staff the ability to create a plan to draw against a “line of credit.” Will present it at one of the next couple of meetings. C. RESOLUTION NO. 07-016 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING RESOLUTION NO. 07-013R WHICH APPROPRIATED FUNDS AND PERSONNEL FOR THE FISCAL YEAR 2007-2008, WHICH BEGAN OCTOBER 1, 2007 AND ENDS SEPTEMBER 30, 2008. Town Manager Sugerman – After the budget had been approved, the Commission agreed to increase the Police Department by two additional patrol officers. The money will be transferred from the contingency account. The total allocation requested is $175,000 and includes not only two patrol officers but a new vehicle. 6. NEW BUSINESS A)Appointment of a Parliamentarian Vice Mayor Asselta – It is quite common for the Town Attorney to be appointed as parliamentarian. With all the conflict items coming before this Commission in the next couple of months, feel the Town Attorney should be appointed parliamentarian. Comm. Zwick – Agree with the Vice Mayor. Feel it would be appropriate that the Town Attorney be appointed as the parliamentarian. “Robert’s Rules of Order” works only as a guideline. Mayor Hagelmann – Have always considered the Town Attorney the parliamentarian. Town Attorney Sliney – As much as possible, the Commission meetings should run informally as possible. Sometimes the meetings end up like condo meetings. The meetings need to be just “Town Commission” meetings. The public comments have gotten out of hand. The public comments should only be recognized at the beginning and the end of the meeting. Comm. Newill – Agree with Town Attorney. Comm. Trinley – Agree with Town Attorney. Town Manager Sugerman – If anyone is appointed parliamentarian, it should be the Town Attorney. Vice Mayor Asselta - The “Chair” has not been able to control the meetings. Only way to have an impartial ruling on “points of order” would be to have a parliamentarian. Town Commission Workshop Minutes October 30, 2007 Page 7 of 9 B.Authorizing the Mayor to Sign an Agreement for Emergency Debris Removal with Town Manager Sugerman – The Commission may remember back to the time of Hurricane Wilma that we worked with a debris removal contractor (Phillips and Jordan) who helped us to very quickly clear the Town of all debris from that hurricane. Palm Beach County has entered into a new three-year contract with Phillips and Jordan and have extended the opportunity for the Town to “piggy-back” on that contract. We are very fortunate to be able to take advantage of these services based upon county-wide pricing. There is no cost to the Town to enter into the contract. Expenses will be borne only if there is a need to use their services in the event of a hurricane during the next three seasons. Item is being presented before the Commission to give authorization for the Mayor to sign. Item to be included on the consent agenda. 7) MISCELLANEOUS – ITEMS LEFT OVER A) Board Appointment Procedures - Revision Commissioner Zwick – The responsibility for making the appointment rests with the Commission and the revision makes that clear. Would like to stress the importance and requirement that they have attended at least two meetings of a Board before they are appointed. Comm. Newill – Need not include any requirement that we cannot enforce. Comm. Zwick – No one should serve on a Board if they do not know what is going on. Comm. Trinley – Provision would be unenforceable. B) Minutes – Workshop Minutes – September 25, 2007 Special Budget Meeting – September 25, 2007 Regular Meeting – October 2, 2007 Moved to “Consent Agenda” 8) REPORTS – TOWN COMMISSION ? Commissioner Trinley – I recently had the privilege of attending the Elected Municipal Officials Conference sponsored by the Florida League of Cities. It was both educational and informative. Feel all Commissioners should be required to attend. Sessions were held on: budget & government accounting, Sunshine Law, ethics, public records, and the history and the geography of the state. In addition I discovered that an adult uses 52 gallons of water daily, and that we should be thankful for our completed R.O. Plant as so many towns are just getting into the water shortage problem. ? Commissioner Jim Newill, CPA – No report. Town Commission Workshop Minutes October 30, 2007 Page 8 of 9 ? Commissioner Miriam S. Zwick – Light Up the Holidays (LUTH) will take place on nd December 2 from 5:30 - 7:30 P.M., with the program being handled by Emily Firtel, Chair of the Cultural Board. Parking will be available at St. Lucy’s with Molly’s Trolleys providing rides before and after the festivities. The program will include local musicians and artists. Invitations have been forwarded to United States Congressman Klein, State Senator Atwater, State Representative Hasner, County Commissioner McCarty and Delray Fire Chief David James. Commissioner Trinley requested that the Christmas Tree be placed in the center of the decorations. ? Vice Mayor Asselta – Our weekly report last week included a package related to law suits. Will the Town Attorney be scheduling any “Attorney-Client Special Sessions?” Town Attorney Sliney – Nothing significant is going on right now to schedule such a meeting. Vice Mayor Asselta -For the past ten years, we have been trying to get the area behind St. Lucy’s and Casurina cleaned. The environmental person from the county has been continually denying the permit saying the area was all mangroves. There recently has been a change of personnel in this Department, and the new person in that position, after inspecting the area, has agreed that the area is a swamp and must be cleaned. ? Mayor Hagelmann – Have made arrangements with the Marine Corp in Boynton Beach to send a representative to LUTH to collect for “Toys for Tots.” When people attend the celebration, please bring an unwrapped toy for a child. Vice Mayor Asselta – Can nd the toys be brought to Town Hall before December 2? Manager Sugerman – Yes. 9.REPORTS – TOWN ATTORNEY None 10.REPORTS – TOWN MANAGER None 11. CONSENT AGENDA ? None 12.PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING John Pagliaro – 2901 S. Ocean Drive Have been a “turtle volunteer” for eight years and would like to thank the Commission for supporting the Beaches and Shores Advisory Committee. The Town Commission is st bringing the Town into the 21 century and hope they will continue by updating the ordinances. Joe Yucht – Boca Highlands Town Commission Workshop Minutes October 30, 2007 Page 9 of 9 If the county is cleaning the mangroves behind St. Lucy’s, I wish they would clean out Milani Park. Feel it would be a conflict of interest by appointing Town Attorney Sliney as Parliamentarian since he also drafts the resolutions and ordinances. He would not be impartial since he depends on the Commission for his position. Arlen Voress – 4430 Intracoastal Drive In response to a statement made by the Beaches and Shores Advisory Committee, approximately ten years ago, the State came into Highland Beach and established the coastal construction line. If anyone applies for any type of construction east of this line, they must apply to the state prior to the Town. This data is available at Town Hall. Beverly Knight – 4023 S. Ocean Drive Each homeowner has been sent a survey on their thoughts of beach cleanliness. You would hope that they would share these surveys with the Commission. Lucy Miller – Beaches & Shores Also a member of the Palm Beach County Council of Beaches. The high tide line has changed over the past five years, but the coastal construction line has not. 13. ADJOURNMENT There being no further business to come before the Commission. Mayor Hagelmann MOTION adjourned the Workshop at 4:25 P.M. upon a by Commissioner Zwick; seconded by Comm. Newill. APPROVE: __________________________________________ Harold R. Hagelmann __________________________________________ Joseph J. Asselta, Vice Mayor __________________________________________ Miriam S. Zwick, Commissioner __________________________________________ Jim Newill, CPA, Commissioner _________________________________________ Doris M. Trinley, Commissioner Attest: __________________ Beverly M. Brown, Town Clerk Date: ____________________