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2011.11.29_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION WORKSHOP MEETING Tuesday, November 29 2011 1.30 PM Mayor Bernard Featherman called the Workshop Meeting to order in the 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 Commi=ccioner Dennis J. Sheridan. Also present: Town Attorney Tom Sliney; Town Manager Kathleen D. Weiser, Deputy Town Clerk Valerie Oakes; Chief 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 to honor former Vice -Mayor Joseph Asselta, who passed away on November 11, 2011. Civility Pledge: The Civility Pledge was recited by the Deputy Town Clerk. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman called for any additions or deletions. Receiving none, the agenda was accepted as submitted. 2. PUBLIC COMMENTS AND REQUESTS: Fire Rescue Captain Curtis Justin There will be an open house on Saturday, December 3`d from 10:00 am. to 1:00 p.m. with a variety of vendors from various organizations. Free health check-ups are available and a demonstration of extractions. A class on CPR will be offered. Mayor Featherman — If a fire rescue truck is on a call, is tyre another fire rescue trucks available? If so, how long will it take to get there? Captain Justin — There is a mutual aid agreement in place; however, we have five (5) rescue vehicles for this area We have the option to call the City of Boynton Beach or the City of West Palm Beach for assistance. Rhoda Maisel — 3210 S. Ocean Blvd. Read aloud a nuisance order violation dated November 7, 2011; the petition signed by Villa Costa and Monterey House residents — the mangroves located between Villa Costa and the Monterey House is a major cause of debris and health problems in our community. The property is unkempt, the grass is tall, and the fencing shades are all torn. This property is a disgrace for an outstanding Town Commission Workshop Meeting November 29 2011 P e 2 of 9 community. Let us work together and give people what they want so we can be proud of Highland Beach. This annoyance cannot go on any longer. We would like immediate attention to cut the mangroves as done in previous years to no higher than 15 feet as designated by Palm Beach County. The mangrove is now a forest. Mayor Featherman — How many people have signed the petition? Ms. Maisel — 30. Mayor Featherman — I spoke with the Code Enforcement Officer and he will pass it on to the proper authorities. Mgr. Weiser — We do not have any jurisdiction over the mangroves, but we will give it to the proper authorities. Arlin Voress (Former Mayor) — 4403 Intracoastal Drive I know we are looking at contracts. Are we looking at the company that handles the Building Official's job? Mgr. Weiser — The Town Commission reviewed all major contracts and approved to keep the contract as is. Mr. Voress — I do not know what the job is but they would not be in business if they were not making money. The Town of Highland Beach ought to provide that job instead of hiring it out. I propose that the Town Commission review the contract and have the Town Commission own the job of a Building Official that reports to the Town administration. Harold Hagelman (Former Mayor) — 4748 S Ocean Blvd. 1) I agree with Former Mayor Voress. I would like very much for the benefit of the people for better service to have a town inspector rather than a subcontractor. We need it and can afford it! This is beneficial to the Town. 2) I was shocked when I heard that former Vice Mayor Joseph Asselta passed away. I asked the Mayor to recognize Mr. Asselta by lowering the flag at half- mast, which has always been a policy of the Town. I am asking that the Town Commission adopt a Resolution that any former member of the Commission, who has died, that the flag be lowered to half-mast. 3) I was approached by an individual that had a hip replaced and was transported from Highland Beach to Boca Hospital. The individual was warned that the ride would be horrible; he felt every bump in the road I have heard this a number of times. Fire Captain Justin told me that the ambulance truck is seven years old and it is a difficult ride. I ask that you look into purchasing an ambulance truck that offers a comfortable ride. Carl Feldman — 3210 S. Ocean Blvd Very pleased with Ms. Maisel's comments regarding the lot at 3200 S. Ocean Blvd It is an eyesore. Mayor, your wrap around deck overlooks the whole thing. I hope that the property owners do something about the property. Recently something bothered me about Coffee with the Mayor. It was a great turn out; the room was full, but I feel it was misrepresented. The flyer advertised Coffee with the Mayor but instead it was a Planning Board meeting. I was told within 24 hours that the meeting was being changed to a Planning Board meeting. The Planning Board was told that this would not be a Planning Board meeting. We were told that we were going to be there to field questions with the Mayor and citizens; this was not done. After Coffee with the Mayor there was a break, three-quarters of the residents left. We really did not have the impact or the input of the Town. In the future, Coffee with the Mayor should be the way it was done before. 3. PRESENTATIONS A) Presentation to Police Chief Craig Hartmann from the Aid to Victims -Domestic Abuse by President Pam O'Brien Town Commission Workshop Meeting November 29 2011 Pame 3 of 9 Town Manager Weiser introduced AVDA President Pam O'Brien. President O'Brien introduced members of the board Tammy Bobij, Brenda, Lewinstein, Jeff Goldman, and Gail Vaross. AVDA President O'Brien — Police Chief Craig Hartmann has been involved with the organization for over eight (8) years. During the time that he is not serving the Town of Highland Beach, the Chief helped provide turkey dinners to the residents in our shelters on Thanksgiving Day. Sadly, domestic violence affects one out of four women in her lifetime (statistic provided by the Center of Disease Control for AVDA of Atlanta based on reported incidences). We know that Highland Beach is a wonderful, safe community thanks to all of the support that you provide. We do appreciate all that you do. Chief Hartmann is a wonderful representative of the Town of Highland Beach. The Chief represents your caring community very well. Throughout the years, St. Lucy's Church has been very supportive. AVDA's mission is to promote violence -free relationships and social change by offering alternative choices to end violence and domestic abuse. President Pam O'Brien presented Police Chief Craig Hartmann with a Certificate of Appreciation thanking the Chief for his leadership and service as Chair of the Board. Chief Craig Hartmann — AVDA is fantastic group of people who volunteer their time. They are fly inspiring with the things they do and the time they commit to this association. They make it very easy to be apart of this effort. We get a lot of support from Highland Beach. 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • No Report C) Board Vacancies: • Beaches & Shores Advisory Board — One Appointment Interview: Elyse Riesa —1133 Boca Cove Lane I have been a resident of Highland Beach for four and half years. After the first year living in Town, my husband and I became members (now the leaders) of the Community Emergency Response Team (CERT). I decided I wanted to get more involved. I was a Corporate Executive with AT&T for almost 30 years, and this is different but more of what I enjoy. I have requested having family picnics and beach cleanups, but we were not able to do so because of property lines. • Code Enforcement Board — One Appointment Interview: Michael Kravit — 3700 S. Ocean Blvd. I am licensed architect in the State of Florida. My office is in Boca Raton, and I have been practicing their since 1985. Graduated from the University of Miami in 1978. Have served on the Florida Building Commission Technical Advisory Committee for Fire Codes and Electrical Codes. As a Technical Advisory Committee member, I assisted writing the State of Florida Building Code in 1999. Currently, I am serving as Town Commission Workshop Meeting November 29, 2011 Page 4 of 9 President of the Sandaway House and Beach Center Board in Delray Beach. Throughout my career, I always felt that it is important for a design professional to give back to the community. I moved to Highland Beach from Boca Raton a year ago, and I think it is a lovely town. Mayor Featherman asked the Commission for their comments. Comm. Sheridan — Well qualified. Comm. Paggliaro, — Thank you for participating. I have been saying over the years that we have an awful lot of proactive people willing to give of their time. Vice Mayor Zwick — Agreed. It is a pleasure to see someone with technical background and knowledge appearing before us. Comm. Trinley — Agreed. By consensus, the Board agreed to place the two appointments on the December 6, 2011 Consent Agenda. • Financial Advisory Board — One Appointment D) Monthly Board Meetings • Beaches & Shores Advisory Board — Dec. 13th — 9:30 AM • Planning Board — Dec. 14'h — Cancelled • Financial Advisory Board — Dec. 16a' — 9:30 AM • Bd. of Adjustment — Dec. 20a' — 9:30 AM • Code Enforcement Board — Dec. 21 " — 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) RESOLUTION 11-011 R A RESOLUTION OF THE TOWN OF RESOLUTION NO. 10-013 R WHICH FISCAL YEAR BUDGET WHICH SEPTEMBER 30, 2011. HIGHLAND BEACH, FLORIDA, AMENDING APPROPRIATED FUNDS FOR THE 2010-2011 BEGAN OCTOBER 1, 2010 AND ENDS Deputy Town Clerk Oakes read Resolution No. 11-011 R, title only, into the record. Mayor Featherman asked the Commission for their comments. Commissioner Trinley asked that Resolution No. 11-011 R be placed on the Consent Agenda. Before doing so, Mayor Featherman questioned why there was an increase for protective inspection to cover a shortfall. Cale Curtis, Acting Finance Director — The protective inspection is the Building Department's permits, registrations, etc. Our contract with Independent Inspection Limited (IIL) is based off of the permit revenue. They receive 50% of the value of a permit that the Building Department issues. We budgeted for a certain amount of revenue in a year, we budgeted 50% to be paid to IIL. Construction has picked up; therefore, permit revenues have increased, which has directly increased the cost of permit inspections. Consensus was to include the adoption of Resolution No. 11-001 R on the December 6, 2011 Consent Agenda. Town Commission Workshop Meeting November 29, 2011 Page 5 of 9 6. NEW BUSINESS A) Authorization for the Mayor to sign Drinking Water State Revolving Fund Amendment 1 to Loan Agreement DW500201. Town Manager Weiser — Back in August of 2009, the Town secured two low -interest loans with the Florida Department of Environmental Protection (DEP) to finance the total amount of construction associated with the replacement of the water main transmission line adjacent to State Route AIA. At the Regular Commission Meeting of August 2011, the Town Commission finalized all the paperwork on the first loan. It is now time to complete the final paperwork for the second loan. Staff is recommending approval. Consensus was to include the authorization on the December 6, 2011 Consent Agenda B) Approval of Contract with Engenuity Group, Inc. to serve as Engineer of Record for General Engineering Services for the Town. Town Manager Weiser — In October 2011, staff put out a Request for Qualification (RFQ) for qualified firms to serve as Engineer of Record for General Engineering Services. As in the past, such a contract allows the Town to efficiently and cost-effectively obtain services related to general engineering including, but not necessarily limited to, the areas of public works, drainage, water and sewer. Three firms submitted proposals and were ranked by a staff committee in the following order with possible scores of 400 points: 1. Engenuity Group, Inc. — (390) 2. Matthews Consulting — (360) 3. Craig A. Smith & Associates, Inc. — (335) Engenuity Group, Inc. also currently serves as the Town's Engineer for all NPDES (storm water) related issues. Vice President Lisa Tropepe was in the audience. Consensus was to include the approval of contract with Engenuity Group, Inc. on the December 6, 2011 Consent Agenda C) Conducting Interviews and Setting Special Meeting date for the Selection of a Firm to Provide Legal Services for the Town Town Manager Weiser — As the meeting of October 4, 2011, the Town authorized staff to put out a request for qualification (RFQ) for a firm to provide legal services to the Town. Four qualified firms responded to the RFQ and were interviewed by a staff panel on November 22nd and 23rd We are requesting that the Commission approve setting a Special Meeting at 1:00 PM on Thursday, December 8, 2011 for the purposes of selecting a law firm to provide legal services to the Town. Town Commission Workshop Meeting November 29, 2011 Page 6 of 9 Comm. Trinley — December a is fine. I think we should interview all four firms to be fair. Vice Mayor Zwick — Concur. Comm. Pagharo — My opinion is that staff interviewed the four firms, and the Commission should interview the two recommended candidates. Comm. Sheridan — I have mixed emotions. I do feel that if the candidates took the time to submit a proposal, then it is only fair to interview them all. Mayor Featherman asked if the Commissioner were all in favor of interviewing all four firms, the Commission agreed. By consensus, the Commission agreed to have 20-minute interviews with each candidate beginning at 10:00 AM. Consensus was to include the setting of a Special Meeting on Thursday, December 8, 2011 at 1:00 PM on the December 6, 2011 Consent Agenda. D) Discussion — Status of Boca Raton Well Field Property — Mayor Featherman Mamger Weiser — We have two properties in Boca. Raton that are the former well fields. They have been on the market for several years. Due to the down turn in the economy, there has not been much interest in the properties. The Mayor, staff members and myself are occasionally approached about the properties, but of course, they are asking for a steal, which is why the Mayor asked that this item be placed on the agenda for discussion. Mayor Featherman — There are two parcels in Boca Raton that are a total of 8.5 acres. About four years ago, these properties were placed on the market and appraised at $7 million. It has been alleged that there was a bid at an auction for $10 million that was turned down by former elected officials. I have received three calls in the last two to three months, so I spoke with the Town Manager and Town Clerk. This land was put as collateral against our drinking water fund. The market is bad for real estate. I think we should wait a year or two before we make a decision. Recommend tabling this item for two years until the economy turns around and hiring a Commercial Realtor rather than advertising. Comm. Sheridan — Would suggest tabling the item to the near future. Consensus was to table this item until the future. 7. MISCELLANEOUS — ITEMS LEFT OVER A) Minutes October 25, 2011 — Workshop Meeting November 1, 2011 — Regular Meeting No corrections received from Commission, minutes to be included on the December 6, 2011 Consent Agenda. Town Commission Workshop Meeting November 29 2011 Page 7 of 9 8. REPORTS — TOWN COMMISSION A) Commissioner Sheridan — No report. B) Commissioner Pagliaro — Received an email from a resident, I assume that the entire Commission received the same email. It was brought up at Coffee with Mayor — the infamous Intracoastal Waterway. I responded to the individual. I requested that Beverly Brown, Town Clerk, extract all documents pertaining to this issue. A lot of people have put in a lot of time trying to rectify an issue that does not sit well with the residents. There are 40 pages of public documents for the naysayer and criticizers to review these documents, which are available at Town Hall for those who want to be informed. The Planning Board and Beaches & Shores Advisory Board have spent a lot of time over the years on this issue. The Town of Highland Beach does not have any jurisdiction over this issue. The response given by the Florida Fish and Wildlife Conservation Commission (FFWC) was "No". Comm. Trinley — Does that report indicate that there is a filling station just north of the Linton Bridge, which is a no wake zone? Just south of the Linton Bridge to the Spanish River Bridge is a no wake zone but you cannot control the speed of the boats. Comm. Pagliaro — In order to monitor, we need reported complaints. The agencies cannot take action if there are no details. Comm. Trinley — How many accidents have occurred on that stretch? You would need a fleet to get the registration number off a Cigarette boat. Comm. Pagliaro — Another issue is that docks and seawalls are being damaged. The FFWC is not concerned with property damage. Comm. Trinley — I have dealt with this issue for a very long time, first as Town Clerk and now as a Commissioner. It is an old issue with no solution. C) Commissioner Trinley — No report. D) Vice Mayor Zwick — No report. E) Mayor Featherman — I was invited as a guest speaker along with the Mayor of Boca Raton to the Condominium Managers' meeting in January. As your representative, I attended the Florida League of Cities in Orlando. Last week, I attended the Palm Beach County League of Cities meeting in Mangonia Park. 9. REPORTS — TOWN ATTORNEY Agree with the Commissioner Trinley that this issue has come up for years and cannot be solved. While it is a worthy goal, there are obstacles. The agencies involved want reports. 10. REPORTS — TOWN MANAGER Intracoastal Waterway — The full report is available in Town Hall. Water System Maintenance — This is mandatory and will take place this Thursday at 4:00 AM. We will interconnect with the City of Delray Beach's water. It is only temporary, so you should Town Commission Workshop Meeting November 29, 2011 Page 8 of 9 not notice a change. The water is drinkable it only impacts home kidney dialysis machines or tropical fish. Station #6 Open House — This Saturday from 10:00 AM — 1:00 PM. Encourage everyone to attend. This is a chance for the Fire Department to show the station. Bel Lido HOA Meeting — The Building Official, Police Chief and I will be meeting with the residents of Bel Lido this evening to talk about their issues with the construction project. Joining the Chambers of Commerce — The Mayor requested that I research the possibilities of joining the Chamber of Commerce of Boca Raton and the Chamber of Commerce of Delray Beach. The membership fee for Boca Raton is $370/annually and Delray Beach is $300/annual. Mayor Featherman — There is a lot of interchange of information. While our Town has no schools, public housing, etc., that does not affect us from having information to be on the cutting edge for our own community. The Town Manager and I are for it. Comm. Sheridan — Move to the Consent Agenda Vice Mayor Zwick — I approve. Comm. Trinley — What are the benefits? Moor — They have topics regarding our neighboring cities. They have people in the banking field and other types of groups that will affect our well-being. I was the former President and CEO of a Chamber of Commerce for four years, and I realized we were able to make better decisions for our community. Comm. Trinley — Who would attend the meeting? Mayor — Anyone in our community could attend. I would be glad to attend and our Manager too. By consensus, the Town Commission agreed to place the approval of joining the Boca Raton Chamber of Commerce and the Delray Beach Chamber of Commerce on the December 6, 2011 Consent Agenda. 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Jim Jiovanazzo — 3700 S. Ocean Blvd. As a member of the Beaches & Shores Advisory Board, I suggested relying on cameras since we cannot have a marine patrol because we do not have the personnel. Joining the Chamber may help. We can chip in and have a 24-hour security camera Mayor Featherman — Delray Beach is going to discontinue there marine patrol service due to the economy. Comm. Trinlev — What would be the penalty if they were caught? Who would they report to? Mr. Jiovanazzo — The idea is that someone will be stopped. If word gets out that the cameras are installed, then the boaters are going to stop. Comm. Trinley — Where would the ordinances come from that would make them culpable to pay a fine? Mr. Jiovanazzo — That is something that can be discussed. Lou Stem — 1115 Russell Drive I worked hard on the boating issue. It is difficult. The FFWC is overwhelmed and understaffed; there are only two people covering the State of Florida We have no reports to give them. Town Commission Workshop Meeting November 29 2011 Page 9 of 9 Commissioner Trinley is correct — if we do install cameras, or try to fine them, there are no regulations that is going to stop them because it is not a no wake zone. There is a no wake zone for three -hundred yards by the two bridges, but between the two bridges there are no restrictions or fines that can be imposed. I hope that there is something that we can do because it is a nuisance. The FFWC have no interest in this stretch in Highland Beach. Carl Feldman — 3210 S. Ocean Blvd. On today's agenda, under item D, the Planning Board meeting is list as cancelled. The Planning Board met here and had an agenda. The December meeting is not cancelled Deputy Town Clerk — It was discussed at the previous Planning Board meeting, in November, to cancel the December meeting. Mr. Feldman — On the item of Conducting Interviews to Select a Firm for Legal Services, as you all know, the Town is being sued for hundreds of thousand of dollars. It is important to find out who the lawyer is that will be assigned to the Town. With Tom's background of 30 years, he should be asked to serve on the committee for the selection of a firm. Comm. P iaro — One of the caveats included in the Request for Qualifications, was that the main attorney be present during the interview. 13. ADJOURNMENT There being no fwther business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 2:40 PM upon a MOTION by Vice Mayor Zwick and seconded by Commissioner PggfigM. APPROVED: BeFeatherman, Mayor D