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2012.02.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, February 7, 2012 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 Glen J. Torcivia; Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; Chief of Police Craig Hartmann; Delray Beach Fire Chief Danielle Connor; Assistant Fire Chief Russell Arrcardi; 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 George Kelvin- Braemar Isle Broadcasting Financial Advisory Board meetings — Former Chair Alan Teller stated the meetings were broadcast when he was chairman. Urge Commission to vote to televise these meetings. Bike Paths — Riding down through Delray, they have signs saying no more than two abreast. Why are we still waiting to do something? Harold Hagelmann — Boca Highlands Former Mayor — I've noticed that the Commission has had a few closed door meetings to discuss negotiations with former manager Sugerman. Has it resulted in any decision? Town Attorney Torcivia- We are in mediation and all meetings are confidential until it is resolved. It is an ongoing lawsuit. Town Commission Regular Minutes February 7, 2012 Paae 2 of 8 3. PRESENTATIONS • Presentation of Danielle Connor as the newly appointed Delray Beach Fire Rescue Chief. Police Chief Hartmann stated it was his privilege of introducing the newly appointed Delray Beach Fire Rescue Chief Danielle Connor. History - Chief Connor is a second generation Firefighter and is the fifth family member to enter the fire service. She is a native Floridian who began her career with Delray Beach Fire -Rescue in 1993. She has progressed through the ranks of Firefighter, Paramedic, Driver Engineer, Lieutenant, Division Chief, Assistant Chief, to her current position of Fire Chief. Chief Connor earned a Bachelor of Science in Economics and a Bachelor of Science in Business Administration, both from the University of New Haven. She also earned an Associate's Degree in Nursing and is a graduate of the Emergency Services Leadership Institute of the University of Florida/Florida Fire Chiefs Association. She is also a graduate of the Executive Fire Officer Program at the National Fire Academy, and is the first female Fire Chief in Delray Beach. Chief Connor's Father (retired Lieutenant from the Fort Lauderdale Fire Department) was given the privilege of ceremonial pinning her Chief s badge on her uniform. (Chief Connor would be pinned later that day at a Delray Beach Commission Meeting.) Chief Connor thanked the Town for taking the time to make this day a special day for her. She introduced her family whom has a long history in public service both in the fire and police department. She stated that she has a great working relationship with the Town administration and looks forward to working with the Town Commission. • Introduction of Highland Beach Police Officer Paul Shersty By Chief of Police Craig Hartmann. Police Officer Paul Shersty recently retired from the Delray Beach Police Department after twenty years of service. He had a multitude of assignments and was the field training officer for the last eighteen years. We are delighted we are getting an experienced officer. Paul Shersty — I am looking forward to this position in Highland Beach and working with each and every one of you. 4. BOARDS AND COMMITTEES A) Board Correspondence: • None. B) Board Action Report: • Read into record by Town Clerk Brown. C) Board Vacancies 0 Board of Adjustment Appeals — One Two-year Term Town Commission Regular Minutes February 7, 2012 Page 3 of 8 D) Monthly Board Meetings • Planning Board — February 8thh — Regular — 9:30 AM • Beaches & Shores Advisory Board — February 14th — Canceled • Qualifying ends at Noon on February 14th • Code Enforcement Board — February 15th - Canceled • Financial Advisory Board — February 17th - Canceled • Board of Adjustments — February 21" - Canceled 5. PROPOSED ORDINANCES AND RESOLUTIONS • None 6. NEW BUSINESS • None 7. MISCELLANEOUS — ITEMS LEFT OVER: A) Awarding a Contract to Aspen Air Conditioning in the amount of $8,400.00 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. Town Manager Weiser — The Town Attorney has submitted a contract for the Library air conditioning repairs. Public Works Director Lee has negotiated the contract with Aspen Air Conditioning. Requesting authorization from the Town Commission to award the contract with Aspen Air and authorize the appropriation from the General Fund for Contingency. Discussion by Commission — None. MOTION: Vice Mayor Zwick moved to award a contract to Aspen Air Conditioning in the amount of $8,400.00 for replacement of the air conditioning condensing coils at the Library. Also to authorize an appropriation from the General Fund Reserve for Contingency line item #001- 590.000-5090-599.000. Motion seconded by Commissioner Pa lg iaro_ ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Sheridan - Yes Commissioner Trinley - Yes Mayor Featherman - Yes Motion passed with a 5-0 vote. Town Commission Regular Minutes February 7, 2012 Page 4 of 8 B) Broadcasting of Financial Advisory Board Meetings Mayor Featherman — The former chairman of the Financial Advisory Board stated at last week's meeting that while he was chairman the meetings were on TV. Would like a motion to require broadcasting of the meetings. Comm. Trinley — Since the present members have requested that the meetings not be broadcast, would they resign their positions? Comm. Pa lg iaro — When this Board interviewed the individuals whom have been appointed to the Financial Advisory Board, we were all pleased with their excellent credentials. Their meetings are a free flow of ideas. The commission chambers are not conducive to this type of discussion. The transcription is a public record. If you have a serious interest of the discussions taking place at these meetings, you would attend. Comm. Sheridan — The Resolution that we passed in June of 2011 establishing this Advisory Board, gave them the authority to establish their rules and regulations. Why would we now take this authority away from them? At last week's meeting, a comment was made that the Mayors' of West Palm Beach and Wellington have stated that their Financial Boards are televised. After checking each municipality's website, neither have a Financial Board. Mayor Featherman - Stated that he took exception to that comment. Comm. Pa lg iaro — During the January 26t' meeting of the Financial Advisory Board, Chairman Gitner notified the Financial Advisory Board that there have been questions on the format of their meeting. The consensus of the Board was to continue having their meetings in the Town Hall Conference Room that they are appropriate and productive. Vice Mayor Zwick — No comments. Mayor Featherman —Requested a motion. Agenda item dies due to lack of a motion. 8. REPORTS — TOWN COMMISSION A) Commissioner Dennis J. Sheridan — No Report. B) Commissioner John J. Pagliaro — No Report. C) Commissioner Doris J. Trinley — No Report. D) Vice Mayor Miriam S. Zwick — No Report. E) Mayor Bernard Featherman - No Report. Town Commission Regular Minutes February 7, 2012 Page 5 of 8 9. REPORTS — TOWN ATTORNEY A) Florida's Bicycle Laws — Memorandum dated January 30, 2012 A "bicycle lane" is a "lane marked with a stripe and symbols for the preferential use of bicycles on a roadway. Where no bicycle lane is marked (as is the case in Highland Beach) a white lane is often marked to indicate the edge of the roadway." Cyclists may not ride more than two abreast on paths or parts of roadways set aside for the exclusive use of bicycles. Comm. Pa lg iaro — We have a handful of residents whom will not accept the fact that we have no authority on AIA. They would like us to waive a magic wand and make the cyclists go away. Thank you for your report and I sincerely hope these residents will take the time to read your memo. Mayor Featherman — The problem is when the cyclists ride four abreast and do not stop for individuals crossing A I A in the crosswalks. I should think our Police Department should enforce the two abreast requirement. Attorney Torcivia - The "Bicycle Regulations" are for the most part considered noncriminal infractions and the penalty is $15.00. However, if a cyclist violates a traffic rule, he or she will be responsible for the fine normally associated with that infraction. B) Government in the Sunshine Law Applies to any gathering, whether formal or casual, of two or more member of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. Does not relate to communications that are not related to Town business. Staff may discuss matters that may come before the Commission with individual members of the Commission, as long as staff is not acting as a liaison between Commissioners. C) Public Records Law Requests for public records are handled by the Staff. The Statute provides the right of inspection and copying all documents, letters, photographs, and other materials including emails made or received pursuant to law or ordinance or in connection with the transaction of official business by an agency. D) Code of Ethics for Public Officers and Employees Generally applies to all public officers and employees, 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 Town Commission Regular Minutes February 7, 2012 Page 6 of 8 business; holding any contractual relationship which will create frequent conflicts; Commission on Ethics investigates and makes recommendations regarding complaints. E) Roles of Mayor, Commissioners and Staff 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. 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 A) Consideration of granting permission to U1traSports, LLC to run an Ultramarathon on SR AIA on March 24, 2012, and to allow for the placement of a water station in the Town's parking lot during the event. The PALM100 is an ultramarathon race from Fort Lauderdale to Palm Beach and back. Runners are spread out along the distance, so there is no disruption of vehicular or pedestrian traffic. Ultrasports is requesting approval from the Town in order to apply to FDOT for a permit. This race came through Highland Beach last year without any disruption to residents. In addition, they would like to set up a water stop with a canopy on the patio/sidewalk in front of Town Hall. The event will take place on March 24t'. MOTION: Commissioner Sheridan moved to grant permission to UltraSports, LLC to run an ultramarathon through Highland Beach on A I A on March 24, 2012 and have use of the patio/sidewalk for a water station. Motion was seconded by Commissioner Pa lg iaro. Motion passed with a voice vote. 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 February 7, 2012 Page 7 of 8 A) Re -appointment of Rosalind Svenstrup to the Beaches & Shores Advisory Board for a three-year term (03/12 — 02/15). B) Appointment of David Bucksbaum to the Financial Advisory Board for a three-year term (02/12 — 01115). C) Appointment of Ronald Raj sky to the Planning Board for a three-year term (02/12 — 01/15). D) Ratifying the Collective Bargaining Agreement of 10/1/2011 thru 9/30/2014 with the Highland Beach Fraternal Order of Police. E) Approval of Minutes January 3, 2012 — Regular Meeting January 4, 2012 - Attorney -Client Special Meeting MOTION: Comm. Sheridan moved to approve the Consent Agenda as presented. The motion was seconded by Vice Mayor Zwick. Motion passed with a 5-0 Voice Vote. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING George Kelvin — Boca Highlands Residents are concerned about bike safety, do not understand objection to put up additional signage. Allen Teller — 4310 S. Ocean Blvd. Do not agree with not televising Financial Advisory Board meetings. They have two important meetings a year. When they chose an auditing firm to complete the Town's audit, and when they receive the auditor's report. Maybe this Commission has not attended any of these meetings. James Jiovanazzo — 3700 S. Ocean Blvd. I have been walking the streets of Highland Beach for the past twelve years. Walking early in the morning, there are a handful of properties where the sprinkler systems spray onto the sidewalk path requiring the walkers to walk in the road. Can the Town Manager contact these owners to reset the timers? Town Manager Weiser — If you give me the addresses, we will contact the property owners. Comm. Pa lg iaro — Residents should be aware that you can always contact the Town Manager with a problem. Harold Hagelmann — Boca Highlands Town Commission Regular Minutes February 7, 2012 Page 8 of 8 If the law is bicyclists cannot ride more than two abreast, why can't we post signs that state the law? Town Manager Weiser — We cannot put signs up on A 1 A without FDOT approval. I have been on the phone with FDOT and right now they are saying no additional bicycle signs. Our Police Department is inconstant contact with them. We just cannot put up any sign without FDOT approval. Mr. Ha elg_mann — If it is a state law, we should be able to put up signage on a state highway. Manager Weiser — Unfortunately, unless FDOT approves the signage, we cannot put it up. It is nothing that we are leaving on the table; we are working on it daily. Comm. Trinley — When we were teenagers, we had to take a test to get a license. Bicyclists do not take a test. They are not aware of the rules and regulations. Rosalind Svenstrun — 3310 S. Ocean Blvd. I apologize for not being in attendance last week for my Talent Bank interview. Thank you for the reappointment to the Beaches & Shores Advisory board. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 2:37 PM upon a MOTION by Commissioner Sheridan seconded by Commissioner Pa lg iaro. APPROVED: Bernard Featherman, Mayor Minn S. Zvirck, ce Mayor M. Trinley, 4o . PagOaro, Commissioner Dennis J. She dan, Commissioner ATTEST: Beverly Brown, MMC Town Cle k S� Date