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2010.11.30_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, November 30, 2010 1.30 PM Mayor Jim Newill, CPA, called the Workshop Meeting to order in Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Jim Newill, CPA; Vice Mayor Miriam S. Zwick; Commissioner Doris M. Trinley; Commissioner John J. Sorrelli; and Commissioner John J. Pagliaro. Also present: Town Attorney Tom Sliney; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown; Zoie Burgess, Assistant to the Town Manager; Bill Moore, Utility Maintenance Supervisor; Cale Curtis, Deputy Finance Director and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence in honor of members of the military, both living and deceased. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA Mayor Newill asked for any additions or deletions. Receiving none, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS Arlin Voress - 4403 Intracoastal Drive I am here today representing the Bel Lido Isle Home Owners Association. We would like the Commission to know that we are very much in favor of the draft ordinance regarding eliminating the Board of Adjustment and appointing a Special Magistrate. 3. PRESENTATIONS Report on the Creation of a MSTU for Beach Cleaning, and a Review of the Methodology Used for Determining a Fair and Equitable Assessment Process Town Commission Workshop Minutes November 30, 2010 Page 2 of 12 Town Mana er Su eg rman -Ronnie Svenstrup, Chair of the Beaches and Shores Advisory Board will be making a presentation to the Town Commission on the work that has been done by the Board regarding the establishment of a Municipal Special Taxing Unit (MSTU) for purposes of cleaning the beaches in Highland Beach. A copy of the Assessment Methodology Report was attached for your review prior to the meeting. Both Chair Svenstrup and I will be happy to answer any questions posed by members of the Town Commission after the presentation. Ronnie Svenstrup -Chair, Beaches & Shores Advisory Board Should Highland Beach have clean, beautiful, professionally maintained beaches? This question has been brought up many times before. The Beaches and Shores Advisory Board would eventually like to find out how our property owners feel about this issue once and for all. On April 8, 2008, the former Beaches and Shores Advisory board presented to the Town Commission a Beach Cleanliness and Maintenance Report. The well prepared booklet carefully examined standards for clean beaches and the possible options to accomplish this. The report was accepted and filed with the Commission. The report looked at the following alternatives for beach clean up: 1) To do nothing and continue to have dirty beaches. 2) To have the Town do it with a line item in the budget. 3) To establish a municipal special tax district known as an MSTU. After thoroughly examining each alternative, the Beaches and Shores Advisory Board decided on the MSTU as the best and most equitable option for our Town. On November 24, 2009, Lucy Miller then the Chair of the Beaches and Shores Advisory Board presented this MSTU option to the Town Commission. She requested approval of funding to have the Town hire an economist and an attorney to draw up the methodology for a legal and fair tax assessment for the Highland Beach - Beach Cleaning Program. On December 1, 2009, the Town Commission voted to fund the hiring of Fishkind and Associates. The Assessment Methodology Report prepared by Dr. Fishkind is vent' careful to fulfill the requirements set by Florida Law for a valid special assessment. The Supreme Court of Florida outlined a two pronged test that must be satisfied for a special assessment: 1) Special Benefit -The assessed property must receive a special benefit from the service or facility provided. 2) Fair and equitable apportionment -The allocation of the cost for the service must be equitable apportioned among the properties that receive the special benefit. Some special benefits that this clean up program will provide are an increase in property values for everyone in our Town and greater use and enjoyment for all property owners in Highland Beach not just the people who have property on the ocean. All beach goers will find their beach experience greatly enhanced by the absence of ugly plastic debris and dangerous glass and medical waste. The proposals submitted for this program include having the entire beach cleaned a minimum of three times a week. It is important to note that we are most fortunate because everyone residing in Highland Beach has beach access. It is a well accepted fact that good maintenance of any property increases its value. Also keep in mind that most people who buy here in Highland Beach do so because they want to be near the beach. A clean beach will also benefit the much loved, but endangered turtles that nest here. Most important of all our children, grandchildren and pets will also be safer on clean beaches. In 2009, our Town solicited bids for a beach clean-up program. The bids that were submitted ranged from $90,000 to $300,000 per year. The economist used the figure of $220,000 to do his calculations. The assessment allocation methodology for this program is divided into two parts: 1) Base rate -All properties in our Town would pay a base rate on their assessed property values because it has been deemed that everyone will benefit from the clean-up program. 2) Category Rate -All ocean front properties will pay an additional assessment because they receive higher levels of benefits due to their location. All Town Commission Workshop Minutes November 30, 2010 Page 3 of 12 properties off the ocean will not pay anything in this category rate. The amount for each rate is approximately 50%. The category rate is further divided: with the beach frontage, beach front value, and the beach front building square footage all being considered. I will further explain this by presenting two examples: 1) A home on Bel Air Drive with a value of $690,000 will pay a total of $37.17 for beach clean-up for the whole year. That is the amount of their assessment under the base rate. Because they are not on the oceanfront, they will not pay anything in the category rate. 2) A unit in the Townhouses of Highland Beach will pay $25.35 in the base rate and an additional $82.73 in the category rate for a total of approximately $108.08 for the year. It is my sincere hope that the members of the Town Commission will see the equitable manner in which this program will work. The members of the Beaches and Shores Advisory Board are fully in support of the methodology presented by the Fishkind report. Therefore, we would like you to consider having this MSTU put on a ballot at a future date. I will answer your questions at this time. The Beaches and Shores Advisory Board will come back to the Town Commission when we believe the timing for this vote is appropriate. On behalf of the Beaches and Shores Advisory Board, I sincerely thank you for this opportunity to speak to you about our Town's most valuable asset, the beaches. Comm. Pa lg iaro -Can you give me an example of what would be a bill for a large building? Mana eg r Su eg rman - It depends on the options that the MSTU want to include with the program, and the assessment. Comm. Pa liaro - At some point in time will we ever get a direct answer? Feel we need an answer before we vote on it. Chair Svenstrun - It is a very fair way to doing this. Mana eg r Su e~ - If this does move forward, we would have to have the final assessed values establish a budget, and then use the formula from the methodology report. At that point, we could give exact numbers. Today's presentation was to report back on the Methodology Report. Comm. Sorrelli -What kind of time are we talking about - a year? Chair Svenstrun -Perhaps. Comm. Trinlev -Are you aware of any other beach front communities with a successful MSTU? Reply -Lauderdale-by-the-Sea. Comm. Trinlev -Are they specifically MSTU? Reply - No. Comm. Trinlev -How about the beaches that are considered private? Chair Svenstruv - We would clear the area below the high water mark that is where most of the sea weed and trash are found. Mana er Superman - If a District is formed, it can only be formed by a vote of the residents. Then the Beach Cleaning District can clean the complete beach including privately held beaches. Mayor Newill -What percentage would be needed to pass this special taxing district? Manager Superman - 50% of the votes cast in the election, not residents. Mayor Newill -Thanked the Board for all their work. No action is necessary. This presentation was just a report to the Commission, when they are ready, they will come back and request the Commission to submit it to the voters. Town Commission Workshop Minutes November 30, 2010 Page 4 of 12 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • None C) Board Vacancies: • Beaches & Shores Advisory -Two full terms • Planning Board -One unexpired two-year term Town Clerk Brown advised the Commission that she had four Talent Bank Applications in her possession. Since there is no December Workshop would the Commission like to do the interviews during a Regular Meeting or wait until the January Workshop? The consensus of the Commission was to follow the established procedure of interviewing at the Workshop Meeting. D) Monthly Board Meetings • Special Magistrate -December 2nd -Cancelled • Light Up the Holidays -December 5~` - 5 PM (Change in time) • Planning Board -December 8th -Regular - 9:30 AM • Beaches & Shores Advisory -December 14th -Regular - 9:30 AM • Bd. of Adjustment -December 21st -Regular - 9:30 AM • Town Commission Workshop -December 28~` -Canceled 5. PROPOSED ORDINANCES AND RESOLUTIONS A) RESOLUTION NO. 10-014 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 09-012 R WHICH APPROPRIATED FUNDS FOR THE 2009-2010 FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2009 AND ENDS SEPTEMBER 30, 2010. Town Mana e~ r Su eg rman -The Town's fiscal year ended on September 30, 2010, however, the "books" are kept open for 60 additional days to allow for any outstanding bills (encumbrances) to come in and to be paid out of last year's budget. We will officially close the 2009-2010 books by the end of this month. In the meantime, as we get to that final closing, we go through the budget and adjust the bottom line for any department that has come in overspent for the year. Attached is a resolution which will accomplish this effort. I am very pleased to advise the Commission that there is only one adjustment that needs to be made this year. The one adjustment is in the General Fund and it was caused by the unanticipated early retirement of an employee who had originally planned to retire during the current budget year. His earlier retirement caused the Public Works Department budget to exceed its appropriation by approximately $4,000.00. The final, year-end adjustment that needs to be approved is: Public Works (increase) $ 4,000.00 Reserve for Contingency (decrease) 4,000.00 Net General Fund change $ -0- Town Commission Workshop Minutes _November 30. 2010 Page 5 of 12 As one can see, the net effect of the re-appropriation of these dollars is $0.00 in the General Fund. That is, we are covering the Public Works Department shortfall by taking money from the Reserve for Contingency line item of the budget. This resolution is being introduced at the Commission Workshop meeting so that we can have the Commission discuss what we are proposing here and answer any questions that you might have. If the concept meets with your general approval, we can move this topic over to the Consent Agenda for the meeting of December 7~'. Consensus was to include item on the December 7, 2010 Consent Agenda. 6. NEW BUSINESS A) Awarding a Contract to Energy Efficient Electric, Inc. in the Amount of $40,000.00 for the Installation of Tamper Switches on Fire Line Backflow Preventers. Town Mana eg r Su eg rman - As part of the SR AlA water transmission main project, the Town installed nine (9) backflow prevention devices on condominium buildings which did not previously have them. This was done at no cost to the condos and was paid for using proceeds from the State of Florida EPA loan. As the project progressed, we heard from the Fire Marshall that these nine (9) backflow prevention devices also required the installation of automated supervisory alarm systems (tamper switches) in order to protect either the misuse of, or the sabotage to, the backflow devices. We asked Asphalt Consultants, Inc. for a change order price, since the installation of the tamper switches was not something that was included in the original contract price. Asphalt Consultants, Inc. quoted us $91,048.00. Town staff felt this quote was way too high, so we solicited outside quotes. The Fire Marshall advised us that we did not need to install the tamper switches at the time of the original construction, and we could wait until the project came to an end before we needed to install these devices. We have obtained two other quotes, and the lower of the two came in at $40,000.00 from a company called Energy Efficient Electric. The second quote was from C.R. Dunn, Inc. who quoted us $41,685.00 for the same work. I have had discussions with the staff at the Florida Department of Environmental Protection, and this additional cost is reimbursable from loan proceeds. Jack Lee will be in attendance at the meeting to answer any questions that Commissioners may have about this topic. Since this is a workshop meeting, this agenda item is being introduced to the Commission for the purpose of discussion only. Once all of the Commission's questions are answered, and if it is your desire, this item can be carried over to the Consent Agenda portion of the December 7~' Regular Commission meeting. Comm. Sorrelli -Doesn't the fire department review the plans before projects are started? Supt. Moore -When the original plans were developed, this was part of the added alternatives. The fire department reviewed the main plans but not the alternatives. Florida Statutes states tamper switches can be either electronic or manual. Once the plans were submitted to Delray Fire Rescue, they recommended the electronic switches. Comm. Sorrelli -Besides this company submitting the lower price, has anyone checked out their references? Supt. Moore -Energy Efficient has worked for us previously. Comm. Sorrelli -Why was this not included in the original plan? Supt. Moore I do not know. The tamper switches had to be an over site on the plans. We decided to install the backflow prevention devices on the condos at the same time as the single family houses. Except, Town Commission Workshop Minutes November 30. 2010 Page 6 of 12 the single family houses do not require the tamper devices. It is another way to protect our water system. Comm. Sorrelli -Are there anymore surprises waiting for us? Consensus was to include item on the December 7, 2010 Consent Agenda. B) Awarding a Contract to Chaz Equipment Environmental Services, Inc. in the amount of $24,692.00 to SewperCoat Lift Station #1 by Piggy-backing on a Contract Awarded by the City of Delray Beach. Town Mana eg r Su elan -The 2010-2011 budget includes funds in the capital improvement line item of the Sewer Fund for improvements to Lift Station #1. Jack Lee has recommended that we recondition and seal with SewperCoat our main liftstation. To that end, we have found a contract recently let by the City of Delray Beach for this work. We therefore are recommending that we "piggy-back" on their purchase of this improvement from Chaz Equipment Environmental Services, Inc. Bill Moore, Maintenance Supervisor, will be in attendance at the meeting to answer any technical questions that members of the Commission might raise. Since this is a workshop meeting, this agenda item is being introduced to the Commission for the purpose of discussion only. Once all of the Commission's questions are answered, and if it is your desire, this item can be carried over to the Consent Agenda portion of the December 7~' regular Commission meeting. No further discussion. Consensus was to include item on the December 7, 2010 Consent Agenda. C) Declaring Certain Property to be Surplus Property -Public Works 4-Wheeled "Gator Vehicles" Town Mana eg r Sugerman - At least once a year the various operating departments gather up all of their inventory of items that are no longer of any use to the department, and they are put on a list for purposes of disposal. Under the law, because the items were purchased either with taxpayer or ratepayer monies, in order to dispose of these items the Town Commission needs to declare them to be surplus property and of no further use to the Town. This agenda item does not include a typical long list of items to be declared surplus, but rather relates exclusively to two (2) Public Works 4-Wheel "Gator" vehicles which will be traded in on one new replacement vehicle, which is in the 2010-2011 operating budget. Since this is a workshop meeting, this item is being introduced for purposes of discussion and feedback from members of the Commission. If it is acceptable to the Commission as presented in this packet, this item can then be moved over to the Consent Agenda of the December 7~" regular Commission meeting. Comm. Trinley -Are we declaring two vehicles surplus, and replacing them with one vehicle? Mana eg r Su erman - We are trying to cut back on expenses. Town Commission Workshop Minutes November 30, 2010 Page 7 of 12 Consensus was to include item on the December 7, 2010 Consent Agenda. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Reviewing a Draft Ordinance to Engage a Special Magistrate to Perform the Functions of the Board of Adjustment and Appeals Town Mana ergSu. eg rman - As discussed with the Town Commission during the 2010-2011 budget workshop meetings, I have drafted legislation which will authorize the creation of the position of Special Magistrate for the purpose of serving as an alternative method for carrying out the duties and responsibilities of the Board of Adjustment and Appeals. This draft legislation does the following: 1) It keeps the Board of Adjustment and Appeals option "on the books" in that the language for a Board has not been eliminated from the proposed ordinance. 2) It authorizes the use of a Town Commission appointed Special Magistrate as an alternative to the Board of Adjustment and Appeals. 3) It sets up a timeframe for identifying a list of perspective candidates to serve in the role of Special Magistrate as an alternative to the Board of Adjustment and Appeals. 4) Upon adoption, it discharges the current members of the Board of Adjustment and Appeals, with thanks, as soon as a Special Magistrate is put into place. This proposed ordinance has not been given a sufficiency review by the Town Attorney. It is being introduced at the Workshop meeting for purposes of introducing the topic and creating some discussion by members of the Commission. It would be my suggestion that the draft Ordinance not be placed on the Dec. 7~' regular meeting agenda, but rather that it wait at least until the meeting of January 4, 2011 for first reading so that the Town Attorney can complete his review. I will be happy to answer any questions posed by members of the Town Commission during the workshop meeting. Comm. Trinlev - Is there any chance that the woman who was appointed Special Magistrate for the Code Enforcement Board could also handle the responsibilities of this Board? Manager Su eg rman -The way the ordinance is written, the Town Manager is required to solicit proposals. I will contact Ms. Ansay to see if she is interested. Town Attorney Sliney - I have forwarded a memo to the Town Manager making two recommendations to the title of the proposed ordinance. This ordinance can be presented for a first reading at the December 7~', 2010 Commission meeting. B) Discussion Regarding Creating aCommission-Appointed Citizen's Advisory Board for the Development of an Employee Performance Evaluation Form Town Mana eg r Su erman - At the November 2°d regular Commission meeting, Commissioner Pagliaro requested that we place the topic of aCommission-Appointed Citizens' Advisory Board for the development of an employee performance evaluation form on this agenda. This will be the time for members of the Commission to further discuss this topic. Just so it is known by the members of the Commission, I am fully supportive of this concept. It seems to me that there may be a good many individuals who live here in Highland Beach who have experience, not only in business, but in dealing with employee issues and issues of employee- Town Commission Workshop Minutes November 30 2010 Pa e 8 of 12 employer relationships. Therefore, I concur that it may be a good idea to try to tap into that wealth of knowledge in our community to bring the best and the brightest together to help us to craft a new performance evaluation form. I will be happy to answer any questions on this topic posed by members of the Town Commission during the workshop meeting. Comm. Pa liaro -This process regarding this issue goes back to September. My opinion on this issue is based on the comments made by representatives of the community and members of this Commission that this is the way we should go forward in establishing a Citizens Advisory Board to help prepare a new evaluation process for our employees. I do not know what the next step is. Can this go to Consent? Mana eg r Su eg rman - We cannot include this on the Consent Agenda as this requires more discussion. How would this take place? How would the committee be formed? Does each member of the Commission appoint one person for a five member committee? Or, two persons for a ten member committee? Those are the kind of things that need to be discussed before it can be voted on. Comm. Pa lg iaro -There have been three gentlemen who publicly spoke in favor of this Advisory Board during the budget process. In addition, a call should go out to the residents to see if anyone else is interested. Mayor Voress, Joe Asselta and Joe Cannazzaro made some strong statements during the budget process and I hope they will volunteer. Hope we have a nice group of residents who would volunteer. Mayor Newill - We have a long history of not having volunteers coming forward for our standing committees. It is very difficult to expect to get individuals to come forward. Personally, I would much rather go out and hire a consultant who is an expert rather than attempting to get volunteers. Manager Su eg rman -There will be no action today. It was on the agenda for purpose of discussion. Commissioner Pagliaro suggested a volunteer committee of citizens and the Mayor suggested a path of hiring a consultant. The rest of the Commissioners need to weigh in. Town Attorney Sliney - My opinion is you have discussed it today. Move it forward to the next regular meeting for a vote either to approve or not approve. Mayor Newill -This will give the other Commissioners a chance to think about both possibilities. C) Minutes October 26, 2010 -Workshop Meeting November 2, 2010 -Regular Meeting No comments received from Commission, to include item on the December 7, 2010 Consent Agenda. 8. REPORTS -TOWN COMMISSION Commissioner Pa~liaro - No Report. Town Commission Workshop Minutes November 30 2010 Pa e 9 of 12 Commissioner Sorrelli -Upset that we lost the fire truck. The majority of the residents did not know what it was all about. The Commission fell down. We all voted in favor of it, but that did not get out to the voters. The article in the Highlander was incorrect. Who proof read it? Didn't someone know it was wrong? Mayor Newill -The Highlander is a staff function, the Town Manager can answer that better than I. We voted to let the residents vote for or against the purchase of a new fire truck. We did not make that determination whether to purchase it or not. But that is not the way it came out in the Highlander. Whatever process of what goes into that paper needs to be reviewed and addressed. Some more checks should be put in place prior to publishing. The paper should avoid addressing any political issues on what is going on the ballot. Mana er Su eg rman - I would recommend all future Highlanders be approved by the Commission at a public meeting. Comm. Sorrelli -Why does it have to be a public meeting? Attorney Sliney - It would become a sunshine issue. Do not know how often it goes out. The Town Manager can submit it at a regular meeting and you can say yea or nay. It depends on the time frame. Mana er Su eg rman - It is published three times a year. The lead time to get to the printer prior to mailing is 45 days. Manor Newill -Then there will be a Commission meeting in that time period to approve it. Comm. Pa lg iaro - Can someone clarify something. My understanding is that the Highlander is a newsletter for informational purposes. So now are we going to bring the Highlander to the Commission because we object to an article because you do not agree with it? I understand the issue is about the fire truck, which is an isolated case. But, I would be very concerned if we begin to become the arbitrators for information that comes out in the Highlander. Mayor Newill - I believe the Highlander is a publication which is representative of this government sitting here as Commissioners and staff. We are not putting controls on what is going to be published. Just looking for potential errors that can cause a result of what this particular situation did. A number of people told me they changed their minds about the referendum once they read the article. If people are telling me that, I have to believe them. Do not think it is the purpose of the Highlander to influence the voters on a subject on the ballot. Comm. Trinley - I agree. Comm. Pa liaro - My concern is that we are getting into a very gray area. Comm. Trinley - I agree with Commissioner Pagliaro that it was an isolated case. Do not feel we need to approve or disapprove of the Highlander before it goes out. Mayor Newill - A decision cannot be made at this meeting. Mana eg r Su eg rman - A decision cannot be made at this meet but would like some direction ultimately as it is a staff driven activity. If the majority of the Commission would like to have editorial approval before it hits the mailbox, I need to know that. The Highlander is an ongoing process and is constantly being worked on. Manor Newill -Cannot take a vote, but please share your opinions. Comm. Pa liaro -Against putting on any controls. Comm. Sorrelli - Should not be left to the Manager, needs to be reviewed. Comm. Trinley -Does not think Commission should get involved. Vice Manor Zwick -Commission should not be involved. Mayor Newill -Needs to be a further check on what goes into the Highlander. Mayor Newill -The majority of the Commission does not want to review the Highlander before it is printed. Believe they are suggesting that you take additional steps to review prior to printing. Mana eg_ r Su eg rman -Since it is very clear that I am the person who wrote that article and included it in the Highlander and have been taken to task for it at the last four meetings by members of this Commission, I have tough skin and I am fine. Mayor Newill - There have not been four meetings since that paper came out. I have to disagree with you there. Mana eg r Su eg rman - I have been taken to task at a number of public meetings by this Town Commission Workshop Minutes November 30. 2010 Pale 10 of 12 Commission for my error which I admitted publicly and have taken full responsibility for it. I am suggesting to make sure that I make no more errors of that kind, that this Commission retains editorial rights over the Highlander. I cannot guarantee that mistakes won't be made. Mayor Newill -As far as I am concerned, the Commission has answered you by saying we are not taking over the newspaper. The Commission is telling you that the government should not be taking over the Highlander. If you have a problem, you will need to come up with an alternative method. It is your decision to leave it the way it is or put in additional steps. Comm. Pa lg iaro -The Town Manager has admitted his mistake and apologized. Three of the five Commissioners do not want to get involved in an editorial review. I have faith in the Town Manager doing his job. Mayor Newill -This is getting blown out of shape. Town Manager I want you to think back to the email I sent you the night of reading the publication. At that time, I said I am not looking for a scapegoat or to put the responsibility on anyone, I want the situation corrected. I still stand on what I said. Commissioner Trinley - I was reading an article in the Palm Beach Post and it was talking about establishing the County's Inspectors General Office. On the funding part, it said all the Town's will have to pay a share of the cost. The share of each Town is calculated at '/4% of 1 % of the amount the Town spends on annual contracts. Does it apply to all municipalities? Mana eg r Su erman -Yes. Comm. Trinley - Do we have any idea what the figure will be for us? Mana eg r Sugerman - '/4 of 1 % of all contracts. Last year we probably had almost 4 1/2 million dollars in contracts. It was an unusual year because we had a major construction project. I have not done an average of what our contracts are in the years that we do not have major construction. Comm. Trinley - We have a budget set up for the year. Can you tell us what the cost of contracts that are on the books now? Mana er Su erman -Will do it between now and Tuesday. Mayor Newill - 1/4 of 1 % is what it is right now. As all government agencies grow, there costs continue to grow. That percentage could grow also. Vice Mayor Zwick - No Report. Manor Newill - No Report. 9. REPORTS -TOWN ATTORNEY A couple of weeks ago we approved the glitches for the County park. I forwarded the signed document to the Assistant County Attorney Amy Petrick. Ms. Petrick has sent back a certified copy of the addendum to the stipulated agreement. This is the last piece of paper in the saga of Milani Park. I have given it to the Town Clerk and she will distribute copies to the Commission. 10. REPORTS -TOWN MANAGER I have two items. 1) I would like to congratulate Vice Mayor Zwick on successfully completing and passing the two emergency preparedness training courses that have been offered by FEMA. She did that this past week and she has now been certified as passing IS- 700 -National Incident Management Systems Communications and Information Management Town Commission Workshop Minutes November 30 2010 Pa e 11 of 12 and IS-800 -National Response Framework. 2) Reminder that our typical workshop meeting in December has been cancelled. We will not be meeting until January 4`", 2011. Mavor Newill -Town Manager would you please give a recap of what is happening down at Milani Park for our viewing audience. Mana eg r Su eg rman -There is a little bit of construction going on. They are not building a park. They are complying with our agreement when we settled the lawsuit with Palm Beach County. The agreement that they are complying with involves only the west parcel, and requires: smooth out the rough spots on the ground and plant some grass; clean out the drainage in the wetlands area; clean out the exotics from the wetlands area; remove the irregular shape patch of asphalt; put up a concrete block wall on the south and west sides of the parcel; it will be a 6 ft. concrete block wall; the north side will not be getting any type of a wall or fencing because of the wetlands areas; they will be installing a split rail fence on the east side along AIA. The construction is going on now. Our understanding is that they should be finished by the end of December. The construction was delayed, so it might go over into January. Once that is done, they will be maintaining that property without any further development for at least the next ten years. The only access will be for mowing and maintenance. Comm. Pa lg iaro -Will the concrete wall be finished and have a color? Mana er Su eg rman - It will have a finish and a color. Vice Mavor Zwick - They also are suppose to put plantings on both sides. They are leaving in place the plantings already established by Boca Highlands. Comm. Trinlev -Regarding the FEMA courses, are they mandatory? If the rest of us do not take them does it mean you will not get any money from FEMA? Mana er Su eg rman -They are not mandatory, highly recommended. If the Commission does not complete them, FEMA does have an excuse not to reimburse us. Comm. Trinley - In your travels, while talking to other Managers, have their Commissions completed the courses? Mana eg r Su e~ - I have heard that the Commissioners from many jurisdictions are excited about being part of the process. You might ask the Vice Mayor about her experience. 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Allen Teller Take issue that we lost our fire truck. The electorate is not stupid. They did not want to finance a fire truck during this poor economic time. The electorate voted not to spend the money on this unnecessary item at this time. Mayor Newill -The problem was that the Highlander article indicated that the Commission took a position on this subject. All we did was vote to present it to the residents. Joe Cannizzaro - 1121 Bel Air Drive I would like to compliment the Chairman of the Beaches and Shores on an excellent presentation. Is the base rate determined by the value of the property? Chairman Svenstrun - Town Commission Workshop Minutes November 30 2010 Pa e 12 of 12 The base rate applies to everyone in Town. The base rate is the assessed value and is only 50% of the total rate. Mr. Cannizzaro -The rate the people off the beach pay is based on the assessed value of their homes? On the Highlander - I published a number of newsletters during my career. When you make an error and do not follow the guidelines, then the person has to take accountability for their actions. Do not feel the Commission should have to review it before it is published. To have a meeting to review it would be a waste of time. 13. ADJOURNMENT There being no further business to come before the Commission, Mavor Newill adjourned the Workshop Meeting at 2:47 PM upon a MOTION by Commissioner Sorrelli; seconded by Commissioner Pa lg iaro. APPROVED: Jim Ne 11, CPA, Mayor Min '.Gw1ck, ice yor ~'G~ _ A ~ TTEST: Beverly M. Bro , MMC !'atE _~ Doris`M. Trinley, Commissioner