2011.04.05_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, April 5, 2011 1.30 PM
Mayor Bernard Featherman, called the Regular Meeting to order in Commission Chambers at 1:30
PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Miriam S. Zwick;
Commissioner Doris M. Trinley; Commissioner John J. Pagliaro; and Commissioner Dennis J.
Sheridan. Also present: Town Attorney Tom Sliney; Interim Town Manager Kathleen D. Weiser;
Town Clerk Beverly M. Brown; Chief of Police Craig Hartmann; Public Works Director Jack Lee;
Deputy Finance Director Cale Curtis; Assistant to the Town 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.
Civility Pledge: The Civility Pledge was recited by the Town Clerk.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
Mayor Featherman asked for any additions or deletions. Receiving none, the agenda was accepted as
presented.
2. PUBLIC COMMENTS AND REQUESTS
Louis Reidenbera - Toscana
As former Chair of the Code Enforcement Board, would like to speak in favor of the Ordinance
returning the Code Enforcement Board with all of its power. Being Chairman of the Code
Enforcement Board, and dealing with the multiple violations on the Musa property over an extended
period of time, I would object to any reduction or modification of the fine. Much time, energy and
money was spent on resolving these violations.
Joe Yucht — Boca Highlands
At last week's workshop meeting, I brought up two items that I hoped you would consider and enact.
I was told to put my thoughts in writing. 1) Since this is a new Commission, I bring up again my
thoughts on installing a traffic light or lights on AlA in the area of the fire house. For the traffic on
AIA, it will be green until an emergency vehicle is leaving or returning to the fire house after
Town Commission Regular Minutes
April 5, 2011 Page 2 of 9
answering the emergency. Prior to the time that the town contracted with Delray Beach Fire Co. to
staff the fire house, the fire house was operated by Palm Beach County and there was a traffic light on
A 1 A, operated by the firemen when the emergency equipment was leaving and returning to the fire
house. It was there for the protection of the people in the emergency vehicles and the people driving
on AIA. Every fire house that I know of controls the traffic outside the fire house except ours. When
I practiced law before retiring, I represented 27 different volunteer fire companies in Northern
Delaware and every one of them had a traffic light in front of the fire house for the safety of the
volunteers. When Boca Raton built and opened the fire house on Yamato Road, between Federal
Highway and I-95, an emergency traffic light was installed prior to the fire house being completed. If
Boca Raton protects its fireman and ambulance personnel, why shouldn't we protect ours? 2) During
the past several years the Town's former manager disbanded several town boards and thus lost the
input of some very experienced people. The Town is very fortunate it has so many experienced people
who are ready, willing and able to serve the community. It is a waste of talent not to make use of
these people. Accordingly, I propose a committee be appointed to help the Town in any way it is
asked to help by the Commission and also to make suggestions to the Commission as it determines.
The Committee would have no binding authority except to do what it is told to do so or to make non-
binding suggestions to the Commission. The Committee would not be paid, it would meet once a
month in the Commission chambers and if the Commission has not requested the Committee to look
into a specific matter, each monthly meeting would be under the leadership of a different member of
the Committee who would determine the subject matter for the meeting's discussion. I would suggest
the following Town residents be appointed to the Committee: Former Mayors: Arlin Voress, Harold
Hagelmann and Jim Newill; Former Commissioner John Sorrelli; interested Town citizens: Joe
Yucht, Michael Ferrara, Leonard Bell, Judge Joseph Colby, Gerry Marshall, Allen Teller, and any
other citizens (male or female) who wants to serve. Since I have not talked to the aforementioned
people, some may not be willing to serve, but you can see the quality of people I would like to see on
the Committee. Since you cannot teach experience, the aforementioned individuals have been to the
well before and have the experience to do an outstanding job. The name of the committee is the least
important part of the project.
Dr. Seymour Strauss — Boca Highlands
Mayor Featherman, I am sorry that I missed your first meeting. Wanted to tell you how pleased I am
that you are Mayor. "Give the Town Back to the People." I intend to bring up rescinding the law that
prohibits the Town contributing to any charity unless it is a natural disaster. Being brought up in the
Judaism Faith — charity begins at home. When this revision is brought back for a vote, and I do not get
the P vote to repeal it, watch out for me in parking lot at election time.
Allen Teller — 4210 S. Ocean Blvd.
In reviewing today's Agenda, Section 11 — Consent Agenda, items g & h — Authorizing Town
Attorney to retain a Special Attorney and a Hearing Officer, my estimation is that this incident has
cost the Town $100,000.00. A Special Attorney does not come cheap. Who pays the Hearing
Officer? I would like the Commission to pay special attention to find out what the costs are. It is
unacceptable. I would like to see this matter settled without occurring any further costs.
3. PRESENTATIONS
Boca Helping Hands — James Gavrilos — Executive Director
Town Commission Regular Minutes
April 5, 2011 Page 3 of 9
Mr. Gavrilos stated that Boca Helping Hands serves the economically challenged, culturally diverse
population of South Palm Beach County. Founded in 1998 by a group of local volunteers in response
to the growing challenge of hunger and poverty in our community, Boca Helping Hands provides
food, financial assistance and job training to the underprivileged. Focusing on the "whole person,"
the various programs of BHH are well integrated to meet the needs of individuals, children and
families, with the goal of breaking the cycle of dependence. A hot, nutritious lunch is served six days
each week, with a "family dinner" offered on Thursday evenings. In addition, pantry bags with non-
perishable food items are distributed every day. BHH has a "Job Mentor Program" which established
an e-mail account for our clients and provides a mentor to assist with the preparation of resumes.
Clients have the opportunity to take basic computer -skills classes. Clients also are given two hours per
day in the BHH Computer Lab to research for employment through the internet. Those who secure
interviews and/or employment offers are given professional attire from our "dignity closet." We have
a constant need for canned goods for the Pantry Program. Each month, nearly 800 pantry bags of
perishable and non-perishable food items are distributed to local residents who are struggling.
Residents receive a number of bags based on the size of their family. The cans collected from local
residents supplement food received through the U.S.D.A. for distribution. Cereal, tomato products, and
meal items (Chef Boyardee, Canned Tuna Fish, Canned Chicken, Spam, etc) are always in demand.
Where you have so many residents leaving for the season, I would hope that they might consider
donating the items left in their pantry to BHH, rather than throwing it away. In addition, we provide
500 children (who get free lunches at school) back packs with meals to sustain them over the weekend.
If they are not being fed during the week, what will happen to them on weekends? I would like to ask
the Commission to partner with Boca Helping Hands to assist the economically challenged in south
Palm Beach County.
4. BOARDS AND COMMITTEES
A) Board Correspondence:
• None
B) Board Action Report:
• Attached
C) Board Vacancies
• Beaches & Shores Advisory Board — One full term
• Planning Board — One unexpired two-year term
D) Monthly Board Meetings
• Planning Board Special — April6t' — 9:30 AM
• Special Magistrate — April 7th — Cancelled
• Beaches & Shores Advisory — Regular — April 12t' - 9:30 AM
• Bd. of Adjustment — Regular — April 19th - 9:30 AM
5. PROPOSED ORDINANCES AND RESOLUTIONS
A) ORDINANCE NO. 11-001 O First Reading —
Town Commission Regular Minutes
April 5, 2011 Page 4 of 9
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, RE-ESTABLISHING
THE CODE ENFORCEMENT BOARD WHICH WAS DISCHARGED AS OF
JULY 1, 2009 IN ACCORD WITH ORDINANCE NO.09-003 O.
Town Clerk Brown read Ordinance No. 11-001 O, title only, into the record.
Commission Discussion:
Comm. Sheridan — Have no real comments to make. At the last meeting, I stated that I was in favor of
maintaining the Special Magistrate. But after listening to the comments of our residents, I will vote in
favor of returning the Code Enforcement Board as long as we can fill the seven positions on the Board.
Comm. Pa 1 iaro - Having been on the Code Enforcement Board for 8 years, and having spoken in
favor of returning it. I think it is in the best interest of the Town to bring the Code Enforcement Board
back. We have many residents who are pro -active and would like to participate at this time.
Vice Mayor Zwick — Having served as Chairman of the Code Enforcement Board, I am strongly in
favor of re-establishing the Board.
Comm. TdWey — If it is the will of the majority of the Commission to re-establish the Board, I will
vote in favor of it.
Mayor Featherman — We are very fortunate to have two former members of that Board serving on the
Commission. I speak in favor of it also, as it is not a cookie cutter type of a Board. It makes decisions
and helps people. In our community, we have such smart people that we can draw from. I would call
for a motion to vote on this, but since it is First Reading, we will schedule it for a Second Reading and
vote at the May Regular Commission Meeting
6. NEW BUSINESS
None
7. MISCELLANEOUS — ITEMS LEFT OVER:
A) Request from Marco Musa Holdings for Reduction in Code Enforcement Board Fine.
Vice Mayor Zwick — I was impressed that a former member of the Code Enforcement Board who dealt
with the Marco Musa violation when the fine was imposed would take the time to express his
concerns. Since the attorney representing the heirs of Marco Musa was asking for a reduction in the
fine, I thought at this time we would consider his proposal for a reduction. Certainly not the figure
proposed, reducing the $47,000.00 fine to $5.000.00. I certainly would not dishonor the workings of
the Code Enforcement Board by making such a reduction to the fine that they established. However, I
want the matter to proceed. If we establish the Code Enforcement Board, would like to receive a
recommendation from that Board regarding this fine. I am sure the Marco Musa family is waiting for
a decision, but they have already waited three years before processing the matter.
Town Commission Regular Minutes
April 5, 2011 Page 5 of 9
Comm. Pagliaro, — Will we be making a decision today? Attorney Slim — It is on the agenda. Comm.
Pagliaro — We have all the information before us, but the residents do not. I would like to review the
history. As of February 5`f', 2008 and continuing up to and including the date of the Public Hearing,
the property was found to be in a state of disrepair. The order of the Code Enforcement Board was
that Marco Musa Ltd. had 30 days from the date of March 19, 2008 to make all repairs. A fine of
$250.00 per day shall begin occurring until required repairs are complete and in compliance. A
certified copy of the order was filed in the Office of the Clerk of Palm Beach County. A fax was sent
to Mr. Taylor on July 23, 2008 by Larry Corman, Attorney for the Town, that the property condition
has not changed since the order was entered and the property was still in violation of Town Codes.
Originally, as of that communication, the fine totaled $34,250.00. Mr. Musa was planning to redo the
entire house, but it was in such disarray, he chose to demolish it instead. In September 2008, after the
completion of the demolition, the fine totaled $47,000.00. On March 17, 2011 our Deputy Town
Clerk, Valerie Oakes, sent a letter to Sheila Egan, Real Estate Paralegal, advising the payoff for the
Musa Property lien was $47,000.00. We had received any correspondence or had any contact with
Mr. Musa or his representative for three years. The contact with the Town came from Mr. Taylor
because a buyer was interested in purchasing the property and during a title search, the lien of
$47,000.00 emerged. As if they did not know it. Mr. Taylor in his letter of March 2, 2011 felt that
$5,000.00 would settle the matter for payment. This is approximately 10% of the actual penalty.
Town Clerk, Beverly Brown, researched the records back to 2007 to see if any fines had been reduced
by the Town Commission. There have been no other fines reduced. In each case of a fine being
assessed, the violator paid the total amount owed the Town. Our responsibility as public officials is to
preserve and protect the interest of our Town. Our Town employees must feel that we support and
respect their efforts. In this particular case, the Code Enforcement Officer and staff did their job. The
Town Clerk and Deputy Town Clerk did their job. As Commissioners, we are elected by the
residents, we must be certain to "Get it Right." We do not always succeed, but in most cases we do. I
feel strongly of no reduction of this fine.
Mayor Featherman — Was someone renting that property when it first came before the Code
Enforcement Board. Comm. Pagliaro — I am not certain. Mayor Featherman — Does the Town Clerk
have any information? Town Clerk Brown - The records indicate that there were people living there;
boats and trailers parked on the property violating the Code; and the Building Official was refused
access to determine if the house was unsafe for habitation.
Comm. Trinley — From the information received, Marco Musa Holdings have shown a complete and
utter disregard and outright contempt for the Code Enforcement Board's findings and the applicable
codes involved. A figurative nose thumbing. This is no way to do business. Interestingly, on page 77
of the Comprehensive Annual Financial Report, there is a list of principal property taxpayers. The
first one is Marc A. Musa and the tenth one is Marco Musa. I really think the total fine should be
imposed.
Comm. Sheridan — I reiterate what Comm. Pagliaro and Comm. Trinley have stated. I think it was
complete negligence on the part of both Marco Musa and his council. I am in strong favor of
imposing the full fine.
Town Commission Regular Minutes
April 5, 2011 Page 6 of 9
Mayor Featherman — Vice Mayor do you have a figure in mind? _Vice Mayor Zwick - No, I was
leaving that up to someone else to suggest. The $5,000.00 offered is completely ridiculous. My
thought was $45,000.00. Comm. Trinley — Why would you give a reduction at all? Vice Mayor
Zwick — In essence, our fines are imposed to bring a piece of property into compliance with the Code.
We do not want fines to exist. If they come into compliance, there is no fine. Because of this stretch
of time and the amount, I felt it might show a compassion indicating that the lawyers had not done a
good job. The lawyers asked for a reduction which tome is worth no more than $2,000.00. That
amount shows contempt just for asking.
MOTION: Comm. Sheridan moved that the total amount of the fine of $47,000.00 be levied against
Marco Musa Holdings; seconded by Comm. Trinlev.
A voice vote was taken with all in favor.
B) Lift Station #1 Aesthetic Improvements.
Interim Town Manager Weiser — Dr. Karl Johanson, who bought a house at 2624 S. Ocean Blvd. next
to Lift Station #1, is requesting aesthetic improvements to the wastewater lift station site. Specifically,
he is requesting a landscaped hedge, gate and a paver block driveway to the building that houses the
equipment. The structure contains the control panel and a backup generator for Lift Station #1 while
outside there are two valve vaults and electrical panels. Staff is not recommending the driveway as it
is costly, not necessary, and would require a permit from FDOT. It is estimated that the hedge would
cost approximately$1,500.00. Dr. Johanson has requested a gate similar to the bronze fencing that is
around the south side of the water treatment plant which is estimated to cost approximately $1,500.00.
Dr. Johanson has offered to pay for the cost of the hedge but believes the Town should pay for the
gate. As this is an unbudgeted expense, funding would need to be allocated from reserves. In
addition, should the Commission approve this request, the Townhouses of Highland Beach will have
to grant permission for the town to plant the hedge since it will be two feet outside the Town's Utility
Easement and on their property. They have indicated to staff that they believe the request would be
looked upon favorably by their Board.
Dr. Johanson — Would like the Town to pay for both the hedge and the gate. If not, I will pay for the
hedge.
Town Attorney — When the motion is made, it needs to be specific as who is paying for the
hedge and/or gate. In addition, it would be subject to approval of the Townhouse of Highland Beach.
Dr. Johanson — I have a meeting scheduled with the Board of Directors of the Townhouses.
MOTION: Commissioner Pa lg iaro moved to authorize aesthetic improvements to Lift Station #1,
with Dr. Karl Johanson paying for the hedge and the Town paying for the gate with the money being
transferred from the Contingency Account, subject to approval from the Townhouses of Highland
Beach. Motion seconded by Vice Mayor Zwick.
Motion passed with a Voice Vote.
Town Commission Regular Minutes
April 5, 2011 Page 7 of 9
8. REPORTS — TOWN COMMISSION
A) Commissioner Dennis J. Sheridan — No Report.
B) Commissioner John J. Pagliaro — No Report.
C) Commissioner Doris M. Trinley —There are some folks in Town who are trying to establish
a Rotary Club in Highland Beach. If anyone is interested in attending or would like
additional information, please contact Dale Cochran at 265-2135.
D) Vice Mayor Miriam S. Zwick — No Report.
E) Mayor Bernard Featherman — In the three weeks that I have been working in Town Hall
I have met many residents and I am quite pleased with the attitude and direction of our
employees.
9. REPORTS — TOWN ATTORNEY
In response to Mr. Teller's comments, there are times that the Town goes to outside Counsel for
advice. The Town's Personnel Policies state that the Commission will appoint an impartial
Hearing Officer. We have contacted a retired Judge who presently does hearings and arbitration.
We have engaged a law firm that specializes in labor law to review the procedures that we have
taken to date. I have advised both parties that we want these matters taken care of expeditiously.
Want to go back to a comment made by Dr. Strauss. There is a current policy regarding non-profit
organizations. The Town is approached many times by worthy non-profit organizations. Unlike
Boca Raton, West Palm Beach or any large municipality, in the last few years the Town
Commission has determined that Highland Beach being a relatively small Town, it would be
inappropriate for the Town giving contributions as a Town to various non-profit entities. It is not
saying that these non -profits are not great organizations. It is not meant to be degrading to these
organizations. It is just a policy. Since Dr. Strauss wants to bring it up again, I thought you ought
to have the background of why the policy was adopted.
10. REPORTS — TOWN MANAGER
Mayor Featherman and I met with Commissioner Abrams yesterday, who notified us that the
County will be contributing $5,000.00 towards the tree plantings adjacent to Milani Park.
11. CONSENT AGENDA
Mayor Featherman asked if any item needed to be removed from the Consent Agenda.
MOTION: Vice Mayor Zwick moved to accept the Consent Agenda as presented; seconded by
Comm. Pagliaro.
Town Commission Regular Minutes
April 5, 2011 Page 8 of 9
Voice vote with all in favor.
A) Appointment of Michael Kassower to the Planning Board for a three-year term
(04/01/11 — 03/31/14)
B) RESOLUTION NO. 11-005 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
RESOLUTION NO. 10-013 R WHICH APPROPRIATED FUNDS FOR THE 2010-2011
FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2010 AND ENDS
SEPTEMEBER 30, 2011
C) Authorization to Terminate Agreement with Government Services Group, Inc. (GSG)
D) Authorization for the Mayor to sign a Participation Agreement with American Express
Acceptance
E) Authorization to Terminate Palm Beach County's Regional Alert and Notification System
and Authorize the Mayor to Sign an Agreement with CodeRed
F) Approving Use of the Town's BBQ Grille on April 10, 2011 for the St. Lucy's Men's Club
G) Authorization for Town Attorney to hire a Labor Attorney to review Town Manager's
Contract
H) Authorization for Town Attorney to Select a Hearing Officer in Town Clerk Discipline Case
I) Minutes
February 15, 2011 — Special Meeting
February 22, 2011 - Workshop Meeting
March 1, 2011 — Regular Meeting
March 11, 2011 — Special Meeting
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Dr. Seymour Strauss — Boca Highlands
Mayor Featherman attended our concert the other evening that had 250 people in attendance. He was the
first Mayor in seven years to attend. This is a wonderful orchestra with 22 musicians and a conductor.
Allen Teller — 4210 S. Ocean Blvd.
At this time in my life I have become a snowbird and will be traveling north shortly. We use to have a
Building Official Bob Dawson. In his own way, he was able to point out people doing construction
without a permit. Town is losing a lot of money because no one is receiving a permit, and no one is
stopping these non-compliance contractors. We are losing thousands of dollars because of this.
Contractors cannot get inspections on a timely basis. Some action should be taken to eliminate these
people who do not pull permits as they are causing the Town to lose quite a bit of money.
Town Commission Regular Minutes
April 5, 2011 Page_9 of 9
Comm. Sheridan — In regards to Allen's comments about the Building Department, we use to have two
people in that office, now we are down to one. If the Building Official sees a contractor's truck at my
building, he stops to find out if they have a permit.
13. ADJOURNMENT
There being no further business to come before the Commission, Mayor Featherman adjourned the
Regular Meeting at 2:35 PM upon a MOTION by Commissioner Sheridan; seconded by Commissioner
Pa liaro.
APPROVED:
Bernard Featherman, Mayor
G"66
roam S. Zwick, Vice yor
M. T
J.
Dennis J. Sfi-(?ddan, Commissioner
ATTES
Beverly M. Orown, MMC Date