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2011.09.06_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, September 6, 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; Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; Chief of Police Craig Hartmann; Acting 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 those who lost their lives during the attack against our country on September 11, 2001. 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 Carl Feldman — 3210 S. Ocean Blvd. At last week's workshop, you interviewed Bill Svenstrup for the vacancy on the Planning Board. At the same time, there was another application filed in the Town Clerk's office by George Kelvin on August 12th. Mr. Kelvin had notified the Deputy Town Clerk and Town Clerk that he would be out of town from August 30th through September 8th. Feel the appointment to the Planning Board should not be made today, but continued to the October meeting to give George Kelvin the opportunity to be interviewed. 3. PRESENTATIONS 0 None Town Commission Regular Minutes September 6, 2011 Page 2 of 6 4. BOARDS AND COMMITTEES A) Board Correspondence: • Report from Highland Beach Airport Advisory Board member Paul Resnick, and read into the record by Town Clerk Brown. B) Board Action Report: • Read into record by Town Clerk Brown C) Board Vacancies • Code Enforcement Board — Two Appointments • Financial Advisory Board — Three Appointments D) Monthly Board Meetings • Town Commission Public Hearing — Sept. 6th — 5:01 PM • Board of Adjustment & Appeals — Sept. 8th — 9:30 AM • Beaches & Shores Advisory Board — Sept. 13th — 9:30 AM • Planning Board — Sept. 14th — 9:30 AM • Code Enforcement Board — Sept. 21 St — 9:30 AM • Town Commission Public Hearing Sept. 21 st — 5:01 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS • None 6. NEW BUSINESS • None 7. MISCELLANEOUS — ITEMS LEFT OVER: • None 8. REPORTS — TOWN COMMISSION A) Commissioner Dennis J. Sheridan — No Report. B) Commissioner John J. Pa liaro — No Report. C) Commissioner Doris M. Trinlev — No Report. D) Vice Mayor Miriam S. Zwick — No report, just an observation. I would like to discuss the use of water bottles at the dais. Wonder what the appearance of purchasing water when we have the finest water? It might be convenient, but do not think our water department would agree to that. Are we slapping ourselves on the wrist by buying water? E) Mayor Bernard Featherman —1) On September 21, 2011, the Literacy Coalition of Palm Town Commission Regular Minutes September 6, 2011 Page 3 of 6 Beach County and Palm Beach County League of Cities will be sponsoring the "Mayor's Literacy Luncheon." I will not be able to attend, as I will be in Washington DC attending a Small Business Administration Committee meeting, and have asked the Town Manager, Town Clerk and the Library Director to attend in my place. 2) Question #9 on the Resident's Survey asks if they read the Town's quarterly newsletter — The Highlander. What suggestions might you have in making it more useful? I would like to Change " useful" to " interesting." Comm. Pa 1 iaro — The Highlander comes from the staff. The importance of the newsletter is to forward factual information to the residents. Not everyone comes to meetings or tunes into Channel 95. The newsletter is a third area where people can receive factual information of what is happening in the Town. It is not for us to be interesting, but to provide a factual presentation to the residents. Comm. Trinley - I also agree with Commissioner Pagliaro's comments. 3) Would also like a Mayor's corner to be put in the Highlander, along with a corner for the Commissioners to write about events that we feel are important. Comm. Sheridan— I have not given much thought to it. I think it is a good idea. Do not know what topics you can write on. As my fellow Commissioner stated, the Highlander is a factual document. Unless these articles are regulated for facts on what is being presented, I would have to be against it. Vice Mayor Zwick — I can understand the concerns of the Commission. When the former Mayor started "Coffee with the Mayor," most people were reluctant to attend and speak on a one-to-one basis. An open forum such as a Socrates Cafe can be of service. Comm. Trinley — Like Commissioner Sheridan, I have not given it much thought. Need more time to think? Mayor Featherman —Intelligent people want to be open to new ideas. What happened in 2007 is like the dark ages now due to economic changes. It would be good to have a separate column for the Mayor and the Commissioners' views in each edition. I know the staff has said this is the way we have been doing it, but everything is subject to change. I would like a motion to accept this concept, subject to change. MOTION: Vice Mayor Zwick moved to include both a Mayor's Section and Commissioner's Section in the Highlander. Articles are not compulsory but a privilege. Motion died for lack of a second. Mayor Featherman stated he was disappointed. If you stay in the same mold each year, things do not change for the better. Comm. Sheridan — We need some time to give it some thought. Believe we should include this on a future Workshop agenda. Comm. Trinley —We should mull it over and collect our thoughts. Manager Weiser —You might also consider at the Workshop some ground rules so that you can establish a policy as to what you can and cannot put in the newsletter. Mayor Featherman — It would be a person's opinion in the article and it is not necessary to have ground rules. Manager Weiser — We also have to consider the fact that we have elections coming up, and the newsletter should not be used for political platforms. 4) Have something else to say about the application of George Kelvin. Have a request to make. Mr. Kelvin had told our Assistant Town Clerk, when he applied on August 12t', that he would not be able to attend the August Workshop for the interview. Without realizing it, the Commission approved the other candidate and put the appointment on the Consent Agenda. I would also like to Town Commission Regular Minutes September 6, 2011 Page 4 of 6 give Mr. Kelvin an opportunity to be appointed to the Planning Board. I would like the Commission to consider adding two more positions on the Planning Board to make it a nine (9) member board instead of a seven (7) member board. Would the Commission consider changing the Ordinance? Comm. Trinlev — I am not quite sure of the ethics of that proposal. Mr. Kelvin did apply, and knew that the interview would be held while he was out of Town, but chose to continue with his plans. Mr. Svenstrup was present at the meeting, was interviewed, and his name was put on today's Consent Agenda. What has Mr. Kelvin done to receive this preferential treatment? Comm Pa liaro — Agree with Commissioner Trinley. We have a protocol in terms of procedure. We have two or three other openings on other Boards that he can apply to. Once we agreed to put Mr. Svenstrup on the Consent Agenda, it would be unethical to remove his name. Manor Featherman — Both of you misconstrued my intent. I said I would confirm the application, but I was asking to increase the number of members. We have two people waiting to be appointed to this Board. Vice Mayor Zwick — Would there be any ethnicity in inviting these other applicants to consider the Boards where we need people? Would like to see a list of 5/6 people waiting to apply for a Board. I did support Mr. Kelvin when he applied for the Cultural Board. The adopted procedure was followed with this appointment. 9. REPORTS — TOWN ATTORNEY No Report. 10. REPORTS — TOWN MANAGER I received a letter from the Solid Waste Authority advising that since they implemented the "Recycling Revenue Share Program," the Town of Highland Beach has received $34,567.02. The Town has recycled 949.86 tons of material which helps to conserve valuable landfill space and natural resources. 11. CONSENT AGENDA Mayor Featherman asked if any item needed to be removed from the Consent Agenda. Town Clerk Brown read the Consent Agenda into the record. A) Appointment of William Svenstrup to Planning Board for a three-year term. B) Adoption - RESOLUTION NO. 11-007 R RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ESTABLISHING FUND BALANCE POLICIES AS REQUIRED BY GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB) 54. C) Commission Authorization of Content and Distribution of Resident Survey. D) Approval of Minutes July 26, 2011 - Special Meeting Town Commission Regular Minutes September 6, 2011 Page 5 of 6 July 26, 2011 - Workshop Meeting August 2, 2011— Regular Meeting August 2, 2011 — Budget Workshop MOTION: Comm. Trinley moved to accept the Consent Agenda as presented; seconded by Vice Mayor Zwick. ROLL CALL: Commissioner Trinley - Yes Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Sheridan - Yes Mayor Featherman - Yes Motion passed with a 5-0 vote. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht — Boca Highlands I would like the Commission to allow me to take a personal privilege with the following comments: There is an old saying — A Man plans and God laughs. I have been planning all my life to run out of breath and money at the same time. I am running out of breath and money right now. I would like to thank the Commission for giving me a microphone for the past ten years. I will now give the microphone to someone else. I have put my condo up for sale and will be moving out of Town. If it wasn't for bad luck, I would not have any luck at all. I have said a lot of things and have worked on a lot of projects in Highland Beach. The Town of Highland Beach will always be No. 1 to me, no matter where I hang my hat. I wish the Town — Good Luck. Thank you, God Bless you and I wish you well. Mayor Featherman — A lot of people say we have a good Town. Thank you for those words. John Sorelli — 3400 S. Ocean Blvd. Many years ago, we had a letter written by a Commissioner to a developer that ended up costing us a lot of money due to the wording. Appreciate it if you would give serious thought before including a Mayor's and Commissioners' segment into the newsletter. Tim Burnich - 4505 S. Ocean Blvd. I am a 'member of the Code Enforcement Board. This past weekend we received a resignation from Jack Halpern stating that he was temporarily moving out of Town. His wife is on the Planning Board, so that would leave another vacancy. (This vacancy was just filled) Carl Feldman — 3210 S. Ocean Blvd. A statement was made that you people were doing something wrong. No one should come up here and make a threat. Town Commission Regular Minutes September 6, 2011 Page 6 of 6 Town Attorney S1iney — Believe John Sorrelli was referring to something that happened in the past. Vice Mayor Zwick — Think this matter can end with a simple statement. An inadvertent word in a letter by the Mayor was used by a builder against us. This was all due to something that the Mayor had written in some correspondence. Mr. Sorrelli was on the Commission and saw the pain that it caused us for a long time. Mayor Featherman — How long ago did this happen? Town Attorney Sling y — About twenty years ago. Mr. Sorrelli was not referring to anything recent. Vice Mayor Zwick — Think the Commission learned that you have to watch what you put in writing. Appreciate Mr. Sorrelli's concern. Such a mistake should never happen again. Comm. Pa lg iaro — Would like to address Joe Yucht. Your voice has been heard out there for my four years on the Commission. You have kept us honest. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 2:10 PM upon a MOTION by Commissioner Pa lam iaro; seconded by Vice Mayor Zwick. APPROVED: 04 onnajlA)_ Bernard Featherman, Mayor Miri Zwick, V2 �1 Mayor �.� P1. . IGO Dennis J. SheAdan, Commissioner ATTEST: Beverly M. rown, MMC Town Clerk Date