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2011.09.27_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, September 27, 2011 1.30 PM Mayor Bernard Featherman called the Workshop 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 Brown; 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 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 Ruth Stevens — Boynton Beach I have been associated with the cultural gem of Highland Beach — the Lyric Chamber Orchestra since 2001. We began practicing in St Lucy's Church in 2005 and we presently give four live performances a year. The public is always invited and take sheer delight in the performance. I know that the Town has a Resolution that does not allow you to contribute to non -profits. We are an extension of the cultural activities in this town. Without funding, the orchestra will cease to exist. We are part of your community. Please help us with a donation. Town Commission Workshop Minutes September 27, 2011 Page 2 of 8 3. PRESENTATIONS None 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • None C) Board Vacancies: • Board of Adjustment & Appeals — One full term Interview: Barry Axelrod — 2908 S. Ocean Blvd. Mr. Axelrod stated that he has been a property owner for the last fourteen years and a full-time resident the last seven years. His degree is in engineering and began his own company in 1986. He initially built his own manufacturing plant then had to expand it four times. With each expansion, he had to go before the Board of Adjustments, so thoroughly understands their responsibilities. He is also looking forward to contributing something to the Town. Comm. P lag iaro — recommends the appointment, but also wanted to advise the Commission that he and Mr. Axelrod are both friends and neighbors. Comm. Trinley — said she was impressed with his credentials, but at one time had been neighbors. Consensus was to include the appointment on the October 4, 2011 Consent Agenda. • Code Enforcement Board — Three Appointments Clerk Brown — We were to interview: Ron Brown of 4319 Tranquility Drive today, but he was delayed in Denver and will appear at the next Workshop meeting. • Financial Advisory Board — Two Appointments. D) Monthly Board Meetings • Beaches & Shores Advisory Board— October 1 lth — Regular— 9:30 AM • Planning Board — October 12th- Regular - 9:30 AM • Bd. of Adjustment — October 18th — Regular — 9:30 AM • Code Enforcement Board — October 19th- Regular — 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS None submitted. Town Commission Workshop Minutes _September 27, 2011 Page 3 of 8 6. NEW BUSINESS A) Authorization for the Highland Beach Police Department to co-operate and support the Dolphins Cycling Challenge on November 5 h and 6t', 2011. Town Clerk Brown - The second installment of the Dolphins Cycling Challenge for cancer research and treatment at the University of Miami's Comprehensive Cancer Center will take place on November 5t' and 6t', 2011. The route brings this event up SR AlA from Miami to West Palm Beach. Safety is paramount for the success of this event. Nick Capo, Executive Director of the Dolphins Cycling Challenge is asking for the support and assistance with traffic control by our Police Department while the riders pass through Highland Beach. Police Chief Hartmann stated that this Cycling Challenge came through Highland Beach last year and the organization was very co-operative and they had no difficulties. Chief Hartmann has also stated that he has no problem with the Commission approving this request again this year. Consensus was to include the authorization on the October 4, 2011 Consent Agenda. 7. MISCELLANEOUS — ITEMS LEFT OVER A) Review and Discussion of Town Contracts and Agreements as requested by Commissioner Sheridan. Mayor Featherman — This is on the agenda for review and discussion of Town contracts and agreements as requested by Commissioner Sheridan. Would you please go over that a little bit Commissioner? Legal Services Commissioner Sheridan - Basically, the reason that I brought this up was that I felt that some of these contracts had not been reviewed for many, many years. To due diligence here as a Commissioner, I felt as though we should review them and possibly even put them out on the street for re -bidding to see what the situation today is. In looking at our attorney's contract, I was informed that this contract was reviewed by our last Mayor and the terms of the contract and the final aspects of the financial situation were brought up to date as late as 2009. But I would still like to review and see exactly what is out there at this particular time. I would like to hear what the rest of my Commissioners say about possibly putting it out to bid and seeing if there is anything out there that we can compare. I do want to say that I have no problems with ,Tom Sliney. I have known Tom since maybe 8 years ago and I have nothing against Tom whatsoever. It is just the case that this original contract was done in 1973 and I think that it is time to look and see what is out there, and by all means let Tom's law firm bid accordingly and we'll go from there. Mayor Featherman - Thank you. Yes, Madam Vice Mayor. Vice Mayor Zwick - I would just correct a slight misstatement. The contract with Buckingham, Doolittle and Burroughs. Comm. Sheridan - No, I mean the original contract. Vice Mayor Zwick - Town Commission Workshop Minutes September 27, 2011 Page 4 of 8 The original contract was written in 1973. The contract that exists today is not the original contract. A new contract was presented and worked over when the firm of Hodgson and Russ resigned from working here in this Town and Mr. Sliney was appointed to the firm of Buckingham Doolittle. At that time, a new contract was diligently pursued and gone over and the discussion took place with finding other law firms that might want to bid on it. At the completion of our discussion, if you go back to the records, the decision remained to stay with Mr. Sliney in his new firm in the same position he held before. But the contract was updated at that time; it was only two years ago and last year we went over it again briefly just to see if there was anything that needed changing. Comm. Sheridan - That was a retainer agreement, correct? Vice Mayor Zwick - Yes. And I feel it's one of the odd contracts that when you say "let's put it out for bid and see what's out there" just doesn't, maybe I'm wrong, but it doesn't impress me with the professionalism that is due the legal field. It's not a contract to put in new piping. It's not a contract to do re -roofing. It's a contract to protect the Town with knowledge and accessibility, and not only that but a history with the Town and I think this is personified by Mr. Sliney. Unless there was anything that comes up, he does have successive one-year periods. There is not a 5, 10, or 15 year contract. It is an ongoing contract; it can be cancelled on 30 days notice by either parry. It only goes at the end of each year we agree upon renewing or not renewing. So, I think that putting out a bid for legal services at this time is a little too far afield from — I certainly would not approve of it. Since we have this ongoing right to discuss this every year, I think that is sufficient and not look for a new law firm or a new lawyer at this time. Mayor Featherman - Thank you very much. Commissioner Pagliaro. Comm. PagJiaro - I disagree somewhat with the Vice Mayor. I think we owe it to ourselves. We are in difficult economic times. I know Tom associated — I don't know how many different groups he was with. Tom can you clarify for me, you came to this other group; how many groups have you been with over the 30 to 40 years? Town Attorney Sliney - I was a teenager when I started but I have been with four different law firms. The four different law firms that I have been with when I changed law firms, the Town stayed with me as a client and we did retainer agreements through the years. As the Vice Mayor said, as we did two years ago, there were numerous discussions on it. Then Mayor Newill was designated to meet with me and review the economic and non -economic terms. I would suggest that perhaps this is one way to resolve this issue. Have Commissioner Sheridan, since he initiated the review of the contracts, to meet with me and go over economic and non -economic items and report back to the Town — that is what we did in 2009. So it is a little misleading, I am glad the Vice Mayor spoke up. The contract has been looked at in various years even though the history with the retainer agreement in various firms has been a long time. Comm. P lag iaro - I guess my understanding is that if we are going to do our due diligence, with all respect to Tom, I think we have to put it out there. I would agree with Commissioner Sheridan. I think we have to see what other firms are out there, in terms of what they have to offer us. Because from firm to firm, there are firms then there are firms, if you know what I mean. There are those that concentrate on municipal law and alike. I think we owe it to Town Commission Workshop Minutes September 27, 2011 Page 5 of 8 ourselves, to see what is out there and see the range of costs.. I would agree with Commissioner Sheridan. Mayor Featherman - Thank you very much. Commissioner Trinley. Comm. Trinley - There is an old Irish saying that goes `Better the devil you know, then the devil you don't". Tom Sliney is a known quantity to us and he has done a good job through the years and like any one of us he is not perfect. There have been some mistakes made and maybe some proactivness has been missing but all in all if you are just going to "see what's out there" for comparison's sake, I agree. Other than that, I do not. Mayor Featherman - Very well. Are there any other further statements that would be made? I would call that for a vote for the agenda or not for the agenda, Madam Clerk. Town Clerk Brown - We have to take a consensus to see. Commissioner Sheridan — Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Featherman - Yes Consensus was to include the item on the October 4, 2011 Consent Agenda. Comm. Sheridan — Independent Inspections Ltd. Why are we using an outside contractor to supply us with a Building Official rather than hiring our own. In 2009 we saved $50,000.00; in 2010 - $47,000.00; and in 2011 - $53,000.00. This figure does not include the cost of a vehicle, gas or maintenance that we would have to provide if the Building Official was a Town employee. Manager Weiser — In this particular case, we are saving a good amount of money, and have had no complaints against this Building Official. Mayor Featherman — We do still have the expense of maintaining a Building Department Office and staff. Waste Management Contract Comm. Trinley — I am not well versed on this topic, but as a longtime resident, Waste Management has done a good job. Comm. Pagliaro — I know of a couple of complaints, but they were contacted and the problem was addressed immediately. Comm. Sheridan —The original contract was signed in 1999, and then amended in 2001, 2003 and 2004. They have done an excellent job, and I would recommend retaining them. Town Commission Workshop Minutes September 27, 2011 Page 6 of 8 Vice Mayor Zwick — Over the years, there has only been one other contractor to Bid on this contract. Waste Management is the strongest and most available for beach communities and our needs. Mayor Featherman — Does the Commission agree to also add to the Consent Agenda? Consensus was to include the item on the October 4, 2011 Consent Agenda B) Minutes August 30, 2011 - Workshop Meeting September 6, 2011 — Regular Meeting September 6, 2011 — Special Budget Public Hearing No corrections received from Commission, minutes to be included on the October 4, 2011 Consent Agenda. 8. REPORTS — TOWN COMMISSION A) Commissioner Sheridan — No report. B) Commissioner Pagliaro — No report. C) Commissioner Trinley — No report. D) Vice Mayor Zwick — Recently have read some articles regarding using solar panels on commercial buildings. Should we ask the Town Manager to look into it for our buildings? Is it something that we can propose for the future? Comm. P lag iaro — Agree 100% that we should look into it. What would be the cost? Comm. Sheridan — I also agree that we should look into it. Comm. Trinlev — Considering that we put the renovations to this building on hold, by the time that we can actually fund the expenditure, the process will have changed. Vice Mayor Zwick — We still have the library and water plant. We will not know unless we start to investigate. E) Mayor Featherman — When we go into our new building, we can look into it. Are we going to build a new facility? Manager Weiser — Yes and No. Some people are suggesting it. Perhaps we should put the solar panels on hold. 9. REPORTS — TOWN ATTORNEY Recently read an article regarding the growth -law rewrite bill that has passed through the state legislature this year. The major changes in the state's growth -management law include the following: 1) Local governments won't need state approval to change their growth maps any more unless changes would impact the largely undefined "important state resources or facilities." 2) The state requirements that local governments and developers provide roads, schools and new parks to accommodate new development is abolished. They also no longer need to show that development is needed because of future growth, or that they have a financially feasible plan to pay for future roads and infrastructure. 3) It will be harder for third -party groups, such as Town Commission Workshop Minutes September 27, 2011 Page 7 of 8 environmental organizations or homeowners to challenge local -government comprehensive plan changes in court. 4) Local "Hometown Democracy" efforts to put comprehensive -plan amendments to public votes are banned. This new law takes effect October Is', and will only affect municipalities with large vacant parcels of land. 10. REPORTS — TOWN MANAGER No Report. 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Harold Hagelmann — Boca Highlands Enjoy hearing the Commission discuss ways to save money. One thing we are missing in this Town is natural gas. The line is at Spanish River and AlA, and we need to bring it into Highland Beach. It is cleaner and much less expensive to operate. I would like to ask the Town Manager to look into it. Thank you. Vice Mayor Zwick — We have it into our building. If you contact Florida Utilities, they will send a representative to meet with you. Carl Feldman — 3210 S. Ocean Blvd. As a matter of gas, we have had gas here at 3310 S. Ocean Blvd. We heat our pools with it, and have since they built our building. It goes up until the end of the Town; we do have lines in Town. What I wanted to speak on is the contracts. Bidding for a law firm or for a lawyer, I feel is a little different then bidding on a service contract. When you bid for a lawyer, especially the situation we have, we're not bidding for a law firm, and we are bidding for a certain person — Tom Sliney. If Tom Sliney left the firm who he was with today we would probably go with the new law firm because he has done such a superb job since he was thirteen years old. But anyways, working with something like that — I think you really have to consider when you go out for bids. I could probably get seven bids this afternoon or if it hits the Coastal Star you would get probably 15 bids to the Town and every one of them would be cheap but you won't have Tom. I don't know if Tom is considering retiring in the near future, but maybe when he is the Town could cut a contract with Tom and not the firm. I do not know what the basis for that would be but I think all of us in the Town certainly appreciate the work Tom has done. The law firm is superfluous; it is the person we are getting. The Building Service Contract — There are companies that do this type of work - inspections. That would be the area to go after. I don't think we have anything strong with the person like Tom. With the Building Inspector we have had three or four inspectors in the last three years. So it is not the individual inspector, it is the company. That is a place where you could save money. Town Commission Workshop Minutes September 27, 2011 Page 8 of 8 Lou Stern- 1115 Russell Drive Natural gas is in the town, from one end to the other. We have been told it will cost $5,700.00 to bring it from AlA to the end of Russell Drive. Then it will cost us $5,700.00 to change from electric to gas. Arlin Voress — Intracoastal Drive We do have gas in Bel Lido. Solar panels — I had solar panels until the hurricane hit, and then they were across the street. Do not think it is worth the money to invest in them due to living so close to the water. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjoumed the Workshop Meeting at 2:25 PM upon a MOTION by Commissioner Sheridan and seconded by Commissioner Pygliaro. APPROVED: ATTEST: M. Biy6wn, MMC Date A", 2�WJA- Bernard Featherman, Mayor Miri S. Zwick, ice M r Doxis M. Trinle4. Comm-i sioner Dennis J. She'lidan, Commissioner