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2011.11.01_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, November 1, 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. 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. The resident survey that was distributed in the Highlander included a disclaimer that the forms would be a public document and anyone could look at them. It is a little condemning for someone to read your personal opinion. Recently Delray Beach sent out a survey and said it was not a public document. What is the difference in the two documents? I did not like some of the comments made about ethics and the police foundation at last meeting. Do not have to worry about ethics with this Police Chief. Plus the foundation did not need Commission approval. Early Retirement Program — Why would we replace the Water Plant Superintendent with someone with thirty years' experience? Could we not have promoted someone from within? Termination of our Town Attorney on December 31, 2011. Do not believe it gives us enough time to hire someone. Maybe he can stay another 30/60 days. Suggest appointing a Citizen Committee made up of former Judges or Attorney's that are residents to interview law firms submitting RFQ's. Town Commission Regular Minutes November 1 2011 Page 2 of 7 3. PRESENTATIONS None 4. BOARDS AND COMMITTEES A) Board Correspondence: • None. B) Board Action Report: • Read into record by Town Clerk Brown C) Board Vacancies • Beaches & Shores Advisory Board — One Appointment • Code Enforcement Board — One Appointment • Financial Advisory Board — One Appointment D) Monthly Board Meetings • Beaches & Shores Advisory Board — November 8th — Cancelled • Planning Board — November 16th (Change in Date) — 9:30 AM • Board of Adjustments — November 15th - Cancelled • Code Enforcement Board — November 16th - Cancelled 5. PROPOSED ORDINANCES AND RESOLUTIONS • None 6. NEW BUSINESS • None 7. MISCELLANEOUS — ITEMS LEFT OVER: A) Establishment of a Police Foundation MOTION: Comm. P lag iaro: I move that we encourage and approve those interested residents and individuals in establishing a "Foundation and/or Support Group" for the Town of Highland Beach Police Department. Comm. Sheridan seconded the motion. Discussion: Chief Hartmann — A question was asked at the last meeting about how establishing a foundation would benefit the Town. Ninety percent of the Police Department's budget is personnel costs and salaries. When you ask us to reduce our department budget by 9%, there is little left for equipment. In creating a Police Foundation, the Foundation can fund up-to-date equipment without the Town having to fund this modem equipment in the budget. Town Commission Regular Minutes November 1 2011 Page 3 of 7 Town Manager Weiser — Do you need to approve the Foundation? No, you do not. But we come to the Commission to approve, in fact, anything that is going to affect our services. Originally, the Town approved the organization of the "Friends of the Library." Mayor Featherman - I think it is fine for the Police Department to have its own foundation. I hope the money raised will be used for the Highland Beach community, the way the Friends of the Library uses it's Foundation funds. Requested that the following four items be adhered to by the Police Foundation: 1) It should not be tied to the Town until it has a track record and we see how it is operating. 2) It cannot solicit funds from any company, person or organization doing business with the Town of Highland Beach. 3) Our police must be careful about soliciting town residents. Some residents could feel intimidated, or could worry about what could happen if they turn down requests for funds. Many of us who have lived elsewhere before moving here have experienced high pressure calls in the past for donations. The Friends of the Library requests funds for its foundation, but it does not have policing power. 4) The money raised is used for items that benefit the whole community. ROLL CALL: Commissioner Pagliaro - Yes Commissioner Sheridan - Yes Vice Mayor Zwick - Yes Commissioner Trinley - No Mayor Featherman - No Motion passes with a 3-2 vote. 8. REPORTS — TOWN COMAZISSION A) Commissioner Dennis J. Sheridan — No Report. B) Commissioner John J. P lag iaro — No Report. C) Commissioner Doris M. Trinley — No Report. D) Vice Mayor Miriam S. Zwick — No Report. E) Mayor Bernard Featherman — 1) Yesterday, our Town employees dressed up for Halloween. For anyone who came into our City Hall, it was wonderful to see the sense of town spirit and fun that our staff showed. We had witches and angels, queen bees, hags and crones, all in good fun. Even the press covered the event. Congratulations to everyone. 2) Last week, I met with a group of Bel Lido homeowners. They discussed many issues, but a number of them were especially concerned about some contracting work being done in their neighborhood. They were particularly concerned about the fact that work was often starting as early as 7 am, even though there is a Town Ordinance that states that materials can't be delivered before 7:30 am and work cannot be done before 8:00 am. The noise wakes some people up too early, and folks say that workmen sometimes block their access. This has been going on for some months. To check, I went to Bel Lido last Friday at 6:45 in the Town Commission Regular Minutes November 1 2011 Page 4 of 7 morning. I saw workmen there at 7:15 am, and a police patrol car came at 7:22 am. I went again yesterday, and the same thing happened. Both times, our own police refused to write citations. My job as Mayor is representing all of the people of Highland Beach. This includes the people who live in single family houses on Bel Lido and the neighboring streets. I have asked our Town Manager to look into this, and to ask our Police Chief why our police are not upholding the ordinance. I hope our police department is not favoring contractors over homeowners who are taxpayers and voters. Comm. Pagliaro — Does Bel Lido have a Board of Directors? If a resident of that area is going to schedule work, they should notify the Homeowner's Association so a schedule can be made so as not to disturb the other residents. Comm. Sheridan - How many complaints were received? Mayor Featherman — A former Mayor is in attendance, will he come forward. Arlin Voress — Presently, I am on the Board of Directors of the Bel Lido Homeowners Association. The problem we are having is that there are two houses being built directly across from each other on a narrow road. Nails are falling off of trucks, debris is being scattered about, and there is not one person in charge. Highland Beach does not have a Building Inspector that works for the Town. When Bob Dawson was here, he would walk up and down the street and remind contractors of the regulations. Comm. Pagliaro — Has anyone made a complaint to the Building Official? Manager Weiser — The Building Official sent out a very strong letter to each contractor. They were notified that if they did not follow the Code, the police would be notified. Mr. Voress — The problem is that there are multiple contractors on the job sites. Police Chief Hartmann — This is a unique situation. You have five different construction problems at one time. The Building Official has notified all the contractors. Each project has a foreman who polices their project. We try to control parking. We are working on educating all the foreman. Once we educate them and they do not follow the regulations, we will ticket them. People have to be patient. For the volume of work being done in that area, we have minimal complaints. 9. REPORTS — TOWN ATTORNEY No Report. 10. REPORTS — TOWN MANAGER 1) Would like to remind everyone that we turn back to Standard Time this weekend. 2) The Town Hall Administrative Offices will be closed for the Veteran's Day Holiday on November 11t'. 3) Waste Management will not be providing collection on Thursday, November 24t'. The Saturday multi -family collection will begin again on November 19''. 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. Town Commission Regular Minutes November 1 2011 Page 5 of 7 A) Appointment of Ron Brown to the Code Enforcement Board for a three-year term. B) Appointment of Don Gill to the Code Enforcement Board for a two-year term. C) Appointment of Gerald Gitner to the Financial Advisory Board for a three-year term. D) Adoption of RESOLUTION No. 11-010 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPOINTING PALM BEACH COUNTY SUPERVISOR OF ELECTIONS SUSAN BUCHER, OR HER REPRESENTATIVE, AND THE HIGHLAND BEACH TOWN CLERK, OR HER REPRESENTATIVE, TO THE TOWNS' CANVASSING BOARD AND AUTHORIZING SUSAN BUCHER, OR HER REPRESENTATIVE, AND THE HIGHLAND BEACH TOWN CLERK, OR HER REPRESENTATIVE, TO REPRESENT THE TOWNS' CANVASSING BOARD FOR THE GENERAL MUNICIPAL ELECTION OF MARCH 13, 2012. E) Authorize the Mayor to sign a contract with Susan Bucher, Palm Beach County Supervisor of Elections for the March 13, 2012 Highland Beach Municipal Election. F) Cancellation of the December 27, 2011 Commission Workshop Meeting. G) Authorization to terminate the Retainer Agreement for legal services with Buckingham, Doolittle & Burroughs, LLP. H) Authorize the Mayor to sign the Amendment and Extension of the Solid Waste and Recycling Collection Agreement with Waste Management. I) Approve the Hosting of the March 28, 2012 Palm Beach County League of Cities General Membership Meeting and authorize the funding from "Reserve for Contingency. J) Support, but not fund, the Joint Lawsuit contesting the mechanism used for funding the Office of the Inspector General. K) Approval of Minutes September 21, 2011 — Special Budget Hearing September 27, 2011 - Workshop Meeting October 4, 2011— Regular Meeting MOTION: Comm. Sheridan moved to approve the Consent Agenda as presented. The motion was seconded by Comm. Pagliaro. Discussion: Mayor Featherman — If we need extra time would hope that the Town Attorney would stay for an additional 30/60 days. Town Attorney Sling — I mentioned in my letter, that I would be willing to work additional time. Town Commission Regular Minutes November 1 2011 Page 6 of 7 Comm. Sheridan — I recently read two letters that went out on Town stationary. I was not happy that the Mayor was responding to complaints made against the Code Enforcement Officer without discussing the complaint first with the Town Manager and the Code Enforcement Officer. Feel correspondence on town stationary or town letterhead should be reviewed for accuracy. Comm. PWJiaro — I am also concerned about these letters. As per the Charter, the mayor has no more administrative authority than any other Commissioner. You went out to Bel Lido and demanded that our police personnel site the workers. That is not in your purview. It is totally inappropriate for an elected official to reprimand a staff member. Mayor Featherman — I had a homeowners association come to me and complain about violations to the code. Comm. PaRliaro — The Charter does not give you any administrative direction. You cannot implement administrative decisions without the majority of a vote by the Commission. This is the protocol of our municipal government. Any letter from any Commissioner going out on town letterhead should be copied to all Commissioners. ROLL CALL: Commissioner Sheridan - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Featherman - Yes Motion passed with a 5-0 vote. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Real Estate Agent (name unclear) Requested that "Open House" signs be allowed to be displayed more than 48 hours. Highland Beach is a beach area and numerous houses are sold because of someone just driving by. Suggest imposing a yearly fee and let real estate agents post their "Open House" signs for three hours each day. Vice Mayor Zwick — Stated that this discussion was inappropriate as this "Public Comment" section of the agenda, as specified in the Charter, was not meant for new items, only items previously discussed in the meeting. Harold Hagelmann — 4740 S. Ocean Blvd. I am disappointed in hearing of the problems in Bel Lido. Why were two new house permits issued so close together? Also disappointed that we abandoned our own Building Department. If Bob Dawson was here, this would not be happening. Town Commission Regular Minutes November 1 2011 Page 7 of 7 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 Vice Mayor Zwick; seconded by Commissioner Pagliaro. APPROVED: Bernard Featherman, Mayor M' ' S. Z ck, ce �r Dennis J. Sherikian, Commissioner ATTEST: XeverlyyMMC Town Clerk Date