Loading...
2012.01.31_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, January 31, 2012 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 Glen Torcivia; Town Manager Kathleen D. Weiser; Town Clerk Beverly Brown; Public Works Director Jack Lee; Library Director Mari Suarez; Acting Finance Director Cale Curtis; Lieutenant Eric Lundberg; Deputy Town Clerk Valerie Oakes; 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 George Kelvin — Boca Highlands Distributed pictures of the bike path in Boca Raton and stated that this bike path measures 3 feet 14 inches wide. How did Boca Raton procure these signs indicating bike lane? Discussed this subject with Mayor Susan Welchel at the Boca Highland Condo meeting and she said she would look into it. These signs and bicyclists are an on -going issue. Commissioner Pa lg iaro — Have lived in this Town for 12 years and have served as a Commissioner for 4 years. We have no jurisdiction over bicyclists on AlA, nor do we have jurisdiction over the inland waterway. Town Commission Workshop Minutes January 31, 2012 Page 2 of 9 Manager Weiser — Have contacted FDOT in reference to these signs, as they are not standard. FDOT has stated that these are test signs that they have installed only in Boca, and they do not intend to install any more signs on A I A regarding bicyclists at this time. Mayor Featherman — Quoted from a newspaper article that he is submitting for publication — "Both drivers and bicyclists have to adhere to the rules of the road." Commissioner Trinley — Lieutenant, do you have any idea of how many accidents that have occurred involving vehicles and bicyclists? Lt. Lundberg — Just a handful. Most accidents involving bicyclists are caused by the bicyclists falling on the wet road. Comm. Trinley — Would you say the number of accidents are minimal? Lt. Lundbera — That is correct. Tim Burnich- 4501 S. Ocean Blvd. In reviewing the agenda, I noted that you are considering a contract with Palm Beach Air. I would like to share with you the fact that I have a very unpleasant history with this contractor. They had replaced my air conditioner and I immediately developed a problem with it. Even though they have been back to repair it, it has never been corrected to out satisfaction, I held back their final payment and they filed a lien against me. I filed a complaint with Consumer Protection and it still was not corrected. I wanted to share this info with the Commission before you awarded them a contract. Did not pursue it further as my lawyer stated the cost would be more to sue than to replace it. Mayor Featherman — Do we require a bond? Finance Director Curtis — Not for the size of this contract. Town Attorney Torcivia — I can write a contract that will protect the Town. Manager Weiser - We have never used this vendor before, so we still have to do a back ground check. PWD Lee — We do have experience with Aspen Air. The purchasing policy requires us to obtain three quotes. The difference between the two bids is only a matter of a couple of hundred dollars. Carl Feldman -3210 S. Ocean Blvd. Last month attended the first meeting of the Financial Advisory Board. Very impressed with the quality of people on the Board and the agenda. Could not attend the last meeting nor could not watch it as it was not broadcast. Appealing to the Commission that the meetings be broadcast. Vice Mayor Zwick — Our constitution has a statement that all meetings be held in public and recorded. Town Attorney Torcivia — All meetings are open to the public but all meetings do not have to be broadcast unless the Commission adopts a policy. Lou Stern — Russell Drive I attended the last meeting of the Financial Advisory Board. You would inhibit the speech of these gentlemen by broadcasting the meetings. These gentlemen are very bright and knowledgeable. Carl Feldman — I am not concerned with what they say. Since we broadcast all other meetings, feel these should also be broadcast. Town Commission Workshop Minutes January 31, 2012 Page 3 of 9 Comm. Trinley — The Financial Advisory Board does not make any decisions. Neither does the Beaches & Shores Advisory Board. We do not have public beaches or shores in Highland Beach. Carl Feldman — I thought every Board was an advisory board. Comm. Pa lg iaro — That is not correct. 3. PRESENTATIONS: None 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • None C) Board Vacancies: • Beaches & Shores Advisory Board:- Re -Appointment Interview: Rosalind Svenstrup — 3310 S. Ocean Blvd. Not in attendance. Appointment is a re -appointment for three -years. Consensus - Include on February 7, 2010 Consent Agenda. • Board of Adjustment & Appeals - One Two -Year Appointment Financial Advisory Board — One Three -Year Appointment. Interview: David A. Bucksbaum — 1104 Russell Dr. Stated he has been a resident since 1997 and would like to contribute something back to the community. His resume was submitted with his application. His experience includes strategic advisory, initial and secondary equity offering and private equity management. Consensus - Include on February 7, 2010 Consent Agenda • Planning Board — One Full -Term Interview Ronald Rajsky — 4420 S. Ocean Blvd. Stated he has been a resident for over thirteen years. Volunteering to strengthen and preserve town resources and promote growth and a sense of community. He worked with Volvo trucks North American and Mack Trucks form 1973 — 2010 when he retired. Resume was attached to talent Bank Application. Consensus - Include on February 7, 2010 Consent Agenda Town Commission Workshop Minutes January 31, 2012 Page 4 of 9 D) Monthly Board Meetings • Planning Board — February 8t' — Regular — 9:30 AM • Beaches & Shores Advisory —February 14th — Regular— 9:300 AM • Code Enforcement — February 15t` — Meeting not required. Bd. of Adjustment — February 21 st — Meeting not required. 5. PROPOSED ORDINANCES AND RESOLUTIONS None submitted. 6. NEW BUSINESS A) Awarding a Contract to Palm Beach Air Conditioning in the amount of $7,598.00 for Replacement of Air Conditioning Condensing Coils at Library. Authorizing Appropriation from General Fund Reserve for Contingency line item #001-590.000- 5090-599.000. Manager Weiser — The condensing coil on the large air conditioning unit at the library will not keep a charge. Library Director Suarez had an air conditioning company try to repair the condensing coil but it is corroded badly and will no longer hold refrigerant. Initially we had recommended the low bidder. After the comments received today, the consensus of the Commission seems to be to go with the second low bidder Aspen Air. Prior to next meeting, we will negotiate a contract with Aspen Air. Comm Trinlev — Would like to hear from Jack Lee. PWD Lee — In light of the comments made today, would recommend Aspen Air, the second low bidder. We have used them numerous times in the past and the difference is $800.00. Town Attorney Trocivia — I will write a contract and forward it to the Public Works Director to present to Aspen Air before next week's meeting. Consensus — Include contract under "Miscellaneous Items Left Over" on the February 7t' agenda. B) Ratifying the Collective Bargaining Agreement of 10/1/2011 thru 9/0/2014 with the Highland Beach Fraternal Order of Police. Manager Weiser — In August of 2011, the Town and the FOP Union began contract negotiations. After a few meetings, both sides reached agreement on several articles but were still in disagreement on a few articles. The Town declared an impasse and a hearing was held by a special magistrate. After the magistrate made known his findings, we met again and the proposed three-year contract is before you for ratification. The FOP membership has already ratified the contract in a vote. The following are the significant changes that occur in the contract: Article 8 — Physical Fitness — The Town offered a change from yearly mandatory physicals to voluntary physicals. Article 11 & Article 12 — Compensation and Work Schedule — The Town has offered 2,080 hours work per fiscal year. Union members would work eighty (80) hours in a two week pay period. Union members would remain on a twelve (12) hour Town Commission Workshop Minutes January 31, 2012 Page 5 of 9 schedule, with one day per pay period worked at eight (8) hours, in order to obtain the eighty (80) hours per pay period. Hourly rate of pay was increased due to the change from 2,184 to 2,080. However, there was no increase in their annual salary, but the change in hourly rate with less hours worked is equivalent to a 5% pay increase. Merit pay up to 5% a year remains in the contract. No changes to the minimum/maximum salaries. A "wage reopener" clause was agreed to by both parties for year two and three of the contract. Article 33 — Lon evity- removal of longevity pay. Article 34 — Education Incentives: The Town agreed to change the pay of education incentives to occur in the month of October, rather January. Consensus - Include on February 7, 2010 Consent Agenda C) Review of Highland Beach Resident Survey Results. Manager Weiser — In your packet was a summary of the survey results. The majority of the residents are very happy with the services that the Commission provides. We received very few negative comments. One hundred and thirty three answered that they felt the staff was knowledgeable and responsive with two responses in the negative. One hundred forty three people stated they were satisfied with the Town's water service and quality, with 30 being unsatisfied. In response to the questions supporting a MSTU for beaches being cleaned — one hundred and twenty four being opposed and forty nine being in favor. The results have been shared with the Planning Board so that they may use them in the development of the Town's Strategic Plan. 7. MISCELLANEOUS — ITEMS LEFT OVER A) Minutes January 3, 2012 — Regular Meeting January 4, 2012 — Attorney -Client Special Meeting No corrections received from Commission, minutes to be included on the February 7, 2012 Consent Agenda. 8. REPORTS — TOWN COMMISSION A) Commissioner Sheridan — In response to the inquiry of former Mayor Hagelmann, regarding the replacement cost of our ambulance, I spoke to Delray Fire Chief Connor. She estimates the cost of a new ambulance to be between two hundred fifty and two hundred seventy five thousand dollars. The Delray Fire fleet management will be doing a preventative maintenance on our ambulance in the next week or so. At that time they will do a complete review and diagnosis on this vehicle, including the shocks and suspension. Upon completion, they will provide an estimate on the cost of an overhaul and refurbishment of our vehicle. As soon as I get a report from the Chief, I will report back to the Commission. Town Commission Workshop Minutes January 31, 2012 Page 6 of 9 B) Commissioner Pagliaro — No report. C) Commissioner Trinley — No report. D) Vice Mayor Zwick — No Report. E) Mayor Featherman — I recently received a notice that I have been selected to represent the Palm Beach League of Cities on the "Reentry Task Force Sex Offender Committee." At the first meeting, I was elected chairman. I have asked a number of mayors (West Palm Beach and Wellington) if they broadcast their Financial Board Meetings. They sated that nothing should be private, there should be open transparency. At the last Financial Advisory Board meeting, I was impressed with the caliber of the members. Feel that their meetings should be held in the Commission Chambers and televised. I would like to have a vote on this. Comm. Sheridan — I support the decision of that Board in that they want it to be a round table discussion and not televised. Vice Mayor Zwick — What is good for the goose, is good for the gander. Have a funny feeling about secret meetings. If meetings are taped, you can come in and listen. I am against approving private meetings. Comm. Trinley — Vice Mayor you mentioned private and secret meetings. Those words do not apply. The meetings are recorded. The only thing they are asking is that they not be televised. Town Attorney Torcivia — Legally, it has to be a public meeting. This Board has published agendas, the meetings are posted, and they are open to the public. If they are televised it is up to the Commission. Vice Mayor Zwick — Since we can't vote, include it as "Old Business" on next week's agenda. Commissioner Trinley — In reviewing the responses on the survey: Question #2 — How often do you or a member of your household attend meetings or functions in Highland Beach? Never — 58; Sometimes 121. Question #3 — Do you attend Town Meetings? Yes -33; No -104. Do you review meetings on Channel 95?online: Yes — 29; No -68; Sometimes - 72. What is the importance of broadcasting these meetings? Mayor Featherman — Certain people stated that the survey results would not be accepted unless they were signed. Some people stated that they would not mail them in if they had to sign them. Quite frankly, I would rather have seen it go out without asking for names and addresses. Town Commission Workshop Minutes January 31, 2012 Page 7 of 9 9. REPORTS — TOWN ATTORNEY Requested that in accordance with Section 286.011(8) of the Florida State Statutes, the Town Commission schedule an Attorney -Client Private Session immediately following this meeting. Florida's Bicycle Laws: Memo dated January 30, 2012 Pursuant to Fl. Statute 316.003(20) and 316.2055(1), a bicycle is considered a vehicle and a cyclist who is traveling along a road or highway is required to follow all traffic rules applicable to all other drivers. Conversely, when a cyclist is riding a bicycle along a sidewalk or in a crosswalk, he or she is treated, under the law, as a pedestrian except that a cyclist must "yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian." Will discuss it further at next weeks meeting. Sunshine Law — Florida Statute 286.011 A) Provides the right of access (Public Notice) to governmental proceedings. B) Applies to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. (i.e. — do not discuss in private anything going to be voted on.) C) Three basic requirements: 1) Meetings must be open to the public; 2) Reasonable notice of such meetings must be given: 3) Minutes of meetings must be taken. Public Record Law — Florida Statutes — Chapter 19 Provides the right of inspection and copying of all documents, letters, photographs, recordings, software and other materials (including draft documents) made or received pursuant to law or ordinance or in connection with the transaction of official business by an agency. A request does not need to be in writing. The response must be made in a reasonable amount of time, and a fee may be charged. Information that is claimed to be exempt from release must be based on a provision of general law which provides that a specific record or portion thereof is not subject to Chapter 119, F.S. Code of Ethics for Public Officers and Employ — Florida Statutes — Chapter 112 Generally applies to all public officers and employees, state and local, including members of advisory boards. Provides two types of provisions: 1) Provisions prohibiting certain actions; and 2) Provisions requiring certain disclosures be made to the public. Prohibited Actions or Conduct: Soliciting and accepting anything of value; accepting any payment or compensation to influence a vote; using or attempting to use their official position to obtain a special privilege for themselves or other; disclosing or using certain information not available to the public; soliciting honorarium; purchasing anything from his or her own business; holding any contractual relationship which will create frequent conflicts; Exemptions to Prohibited Actions: Business is equally rotated among qualified suppliers; business is awarded by sealed bids; an emergency purchase; aggregate of such transaction does not exceed $500 per calendar year. Commission on Ethics investigates and makes recommendations regarding complaints. Town Commission Workshop Minutes _January 31, 2012 Page 8 of 9 Municipal Government 101 - Florida Statutes — Chapter 166 Forms of Government: Strong Mayor — In the strong -mayor form of government, a mayor is elected at -large by the electorate. The Mayor acts as the municipality's CEO with almost total administrative authority. The mayor is also responsible for preparing and administering the budget. Policy -making is a joint responsibility between the mayor and the commission. West Palm Beach is an example of the strong mayor form of government. Commission — Manager — In the Commission -Manager form of government, the manager is appointed by the Commission and is the chief administrator of the municipality and is the chief administrator with the full responsibility for day-to-day operations of the government. The commission is responsible for policy decisions. Pursuant to Section 3.01 of its Charter, the Town of Highland Beach has a Commission Manager form of government wherein the "affairs of the Town are administered by the Town Manager who is the chief administrative officer." In accordance with Sec. 2-57 of the Town's Code, "Except for the purpose of inquiries and investigation, the town commission shall deal with town officers and employees solely through the town manager and neither the town commission or its members shall give orders to any such officer or employee either publicly or privately." 10. REPORTS — TOWN MANAGER No Report. 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Alan Teller — 4210 S. Ocean Blvd. When I was chairman of the Financial Advisory Board the meetings were televised. Being a snowbird, I enjoy watching the meetings online. Do we need to notify the low bidder that he will not be receiving the bid and why? Town Attorney Torcivia — We have no obligation. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 2:43 PM upon a MOTION by Commissioner Sheridan and seconded by Commissioner Pa lg iaro. Town Commission Workshop Minutes January 31, 2012 Page 9 of 9 APPROVED: Bernard Featherman, Mayor Miri S. Zwief, Vq M or Deris M. Tv. Commissioner Dennis J. SheWan, Commissioner gneelBeverly M. E�ow�, MMC Date