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2012.02.28_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, February 28, 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. Commissioner Dennis J. Sheridan was absent. Also present: Town Attorney Glen Torcivia; Town Manager Kathleen D. Weiser; Town Clerk Beverly Brown; Public Works Director Jack Lee; Police Chief Craig Hartmann; Acting Finance Director Cale Curtis; Assistant to the 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 former Mayor Betty Jean Stewart and the third student who dies in the Ohio high school shooting yesterday. 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. ABC News recently had a report on the crime wave in Highland Beach. I attended a condo meeting the other night where Chief Hartmann gave a speech about safety. Why can't the new Police Foundation pay for cameras on the side sheets in Town so that the license plates can be reviewed if this type of incident occurs again? Town Commission Workshop Minutes February 28, 2012 Page 2 of 9 Harold Hagelmann — former Mayor I always enjoy when we open the meetings with the Pledge of Allegiance. May we never lose our respect to God and our Country? Does the Town Manager know anything further on the replacement of the Town's ambulance? George Kelvin — Boca Highlands Pleased to see the signage on AIA reminding bicyclists to ride two abreast. Still wish Town would still continue trying to get permanent signage. 3. PRESENTATIONS: None 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • None C) Board Vacancies: • Board of Adjustment & Appeals - One Two -Year Appointment D) Monthly Board Meetings • Financial Advisory Board — March 2nd — 9:00 AM • Beaches & Shores Advisory Board — March 13t" - 9:30 AM • Planning Board — March 14' — 9:30 AM • Bd. of Adjustment & Appeals — March 20th — If Needed. • Code Enforcement — March 21 st - If Needed • Financial Advisory Board — March 23rd — 9:00 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS None submitted. 6. NEW BUSINESS A) Town Commission to Authorize the Purchase of two 45 HP Submersible Pumps from ITT Water & Wastewater, Florida, LLC. Town Manager Weiser — The two submersible sewage pumps at lift station #3 are worn out and need to be replaced. Staff has received a written quote from ITT Water & Wastewater USA, the sole source in the State east of the Apalachicola River, to replace them with two brand new 45 Flygt Model NP- 3202.180 Submersible Pumps. The new pumps come with special cutter impellers to help chew up rags and other debris that finds its way into the sewer system. The staff is requesting that the Town Commission Workshop Minutes February 28, 2012 Page 3 of 9 Commission approve the purchase of these new Flygt pumps for lift station #3. Funds are available ($40,000.00) in capital outlay account #402-535.000-564.000 for Machinery and Equipment within the Sewer Fund. The balance of $588 will be taken from Renewals & Replacements account#402- 535.000-546.200 within the Sewer Fund. Consensus to include on the March 6, 2012 Consent Agenda. B) Request of Financial Advisory Board to Reopen Discussion of the Surplus Well Field Properties in Boca Raton. Town Manager Weiser — On behalf of the Financial Advisory Board, I respectfully request the Town Commission reopen discussions regarding the two surplus parcels of land the Town owns in Boca Raton. The FAB has discussed a few ideas with regard to this parcel. One of the ideas was leasing the property to someone who would develop it and use it commercially with the Town benefitting from the lease payments. They also discussed selling the property and also discussed the potential of a land swap. The discussion concluded with the recommendation that the Town Commission consider retaining the services of a commercial realtor/broker via a contingency agreement to pursue not only these ideas, but such others that may ensue. Ideally, the commercial realtor/broker would provide the Town with a written assessment of the two parcels, an analysis of possible outcomes along with a report of their market values, respond to opportunities, and represent the Town in the negotiation of any transaction. No transaction would be consummated without the prior approval of the Town Commission. This recommendation allows the Town to explore the possibilities first, and then decide an ultimate course of action. If the commission is in agreement with the Financial Advisory Board's recommendation, staff will prepare and advertise a Request for Qualifications for commercial realty services and bring back a contract for your approval. Vice Mayor Zwick — We have reaffirmed twice that any money from the sale of the well fields property will go towards the reduction of the debt on the water plant. It might lower the interest rate on the debt. We might have to wait another year or two until property values rise. I am against this. Manager Weiser — I have the Town Attorney looking into the legality of that issue. Commissioner Trinley — No comments. Mayor Featherman — Just the other day I received an email inquiring about the surplus property. If you are going to sell commercial property, need to go to a professional realtor. Would be in favor of advertising for one. Commissioner Pa lg iaro — Believe we should explore the possibility of selling that property. Town Attorney Torcivia — Either way, we can request proposals and then decide what you would like to do with the money. Consensus to include on the March 6, 2012 Consent Agenda. Town Commission Workshop Minutes February 28, 2012 Page 4 of 9 C) Authorize Staff to begin Contract Negotiations with Bridges Marsh & Associates as Architect of Record for Town Hall renovations. Town Manager Weiser — The Town recently issued a Request for Qualifications to engage a company for architectural engineering services for the remodeling/improvements to the existing south side of the Town Hall, consisting of the Police Department, Commission Chambers and the Post Office. The Town received seven submittals for the RFQ and through the staff ranking committee; the group narrowed the submittals to a short-list of four firms. On February 14, 2012, the RFQ ranking committee interviewed the four firms. Based upon knowledge of the project, experience with similar projects, references, and meeting all other qualifications as outlined in the RFQ, the consensus of the Committee is to recommend Bridges Marsh & Associates of Palm Beach. Mayor Featherman — Checked with the Finance Department to be sure that this was a budgeted item and it is. Was also advised that the renovations could run anywhere from $300 — 800,000.00. Do not want to raise taxes, but could go out for bonding. Consensus to include on the March 6, 2012 Consent Agenda D) Town Commission to Authorize the Purchase of a New Air Conditioning Unit for Town Hall. Town Manager Weiser - The 2011-2012 Public Works budget has an appropriation of $21,000.00 for the replacement of the AC unit that cools the administrative offices at Town Hall. Staff recently received three quotes to replace the old unit. The lowest and best quote was from AirRef Co. in the amount of $17,350.00.The new unit is a 15 ton YORK predator split outdoor system. It comes with a brand new air handler that will be mounted in the closet inside Town Hall. Price includes full installation including a new digital programmable thermostat. Consensus to include on the March 6, 2012 Consent Agenda 7. MISCELLANEOUS — ITEMS LEFT OVER A) Minutes January 31, 2012 — Workshop Meeting January 31, 2012 - Attorney -Client Special Meeting February 7, 2012 - Regular Meeting No corrections received from Commission, minutes to be included on the March 6, 2012 Consent Agenda. Town Commission Workshop Minutes February 28, 2012 Page 5 of 9 8. REPORTS — TOWN COMMISSION A) Mayor Featherman — If you drive into our Town from either Spanish River or Linton Boulevards, you will notice new signs at both ends of Highland Beach. These signs remind drivers and bikers of their responsibilities on our roads. For a number of months, our residents have raised concerns about driver/biker issues and now we have a resolution. I want to thank all of the residents who brought their concerns to this Commission? But most of all, I want to commend our Town Manager Kathleen Weiser and Police Chief Craig Hartmann for being so responsive to the citizen concerns. It is really positive when our town can resolve things in a way that serves all sides. Congratulations. B) Commissioner Sheridan — Absent. *** The following comments are verbatim per request of Mayor Bernard Featherman ****** C) Commissioner Pagliaro — On January 6th, the Mayor asked a staff member to forward an email to condo managers and condo presidents to discuss the following: (he [the Mayor] recommended what he was going to address) "what is happening in Highland Beach", and "what concerns residents wish to address". I commend you for continuing the "Meet the Mayor" breakfast that former Mayor Newill started, and reaching out to the residents to find out what their concerns are. On February 6`h you sent an email out to all the condo presidents and managers, you got a response from Penthouse Towers requesting to meet with you. My understanding is that you spoke for about 15 minutes, then fielded some questions from the audience. It was also my understanding that Mr. George Kelvin and Carl Feldman were present as well. Were they invited guests as well — is my question. My concern is the presence of a candidate for election, who upon the completion of the Mayor's presentation, was given the floor to briefly speak on his campaign and then distribute brochures. It appears to me that there is a possible violation of Code of Ethics regarding campaign procedures. I am going to ask the Town Attorney to explore whether there is indeed impropriety or a possible ethics violation with regard to all of this. That he investigate this matter as expeditiously as possible for all parties concerned. Mayor Featherman — The person who would come there to give out the multi -colored photographs that were taken in Boca - I gave him several copies to give out and then he said he had his own copies to give out. When I found that he had given out copies that had also mentioned his name in there as a candidate, I would not have him go to any future meetings. Unbeknownst to me, he did that. So I don't see where that has one relevancy. We also had Mr. Feldman there, who talked about a matter in the Town. I think that it was done in good taste and proper. I don't remember you being there (pointing at Commissioner Pagliaro). So when you have information second hand, I would like to know where you got that information. Commissioner Trinley — As a follow-up Mayor, you, yourself - the Mayor, Mr. Kelvin and Mr. Feldman showed up at Sea Gate subsequent to meeting at Penthouse Highlands or Towers, whichever. That was just recently. Town Commission Workshop Minutes February 28, 2012 Page 6 of 9 Mayor Featherman — If you remember, I gave my speech and I left. I spoke before anyone gave any presentation. So I can't tell you what went on. I am rather surprised you said that because there have been rumors around that two commissioners have been passing the word around that I have favorite people in this election up to now, which is not true, but I will considerate it in the future. Because if I am going to be charged with something - did you see me sit with anybody there (asking Commissioner Trinley)? Commissioner Trinlev — No sir but they were there giving out their ... Mayor Featherman — Did I authorize him to do that? Commissioner Trinley — That is not the point. They were there and they were doing it. Mayor Featherman — But wait a second, you invited people to talk there. Commissioner Trinlev — No. Just the candidates. Mayor Featherman — Well the candidates are there. That's right. Commissioner Trinley — Is Mr. Feldman a candidate. Mayor Featherman — I really can't tell you Mr. Feldman will have to speak for himself. But I noticed two commissioners were there that weren't members of Sea Gate. Why were they there? Commissioner Trinley — Who would that be? Mayor Featherman — Commissioner Sheridan and a former commissioner. Did you notice them there — you were sitting next to Sheridan? Commissioner Trinley — I did see them there. Mayor Featherman — That would answer that question. You are certainly entitled to think what you want, I respect that. Is there anything else John? Again this is all secondary hearing. You were there (pointing at Commissioner Trinley) and I left before the candidate talk. So what is the point? I don't understand. What are you trying to get through here? I am puzzled. Commissioner Trinley — Please don't be puzzled because we were the ones that were puzzled. I asked you what is Mr. Feldman doing here because he is not a candidate. The candidates were invited. Mayor Featherman — I was there to speak. I spoke and I left. Now tell me why was Sheridan there and John our former councilman? Commissioner Trinley — Evidently, they were invited by the Sea Gate Association. Town Commission Workshop Minutes February 28, 2012 Page 7 of 9 Mayor Featherman — They were invited? I don't know whether other people invite people or not. I am not familiar with that. I was just given an invitation to talk to the membership. I was delighted to do it. They are a great group of people including yourself. I felt that it was right to do and I did it and I left. That I think you will find to be the truth. Anything further you would like to say? Commissioner Pa lg iaro — Again, the concern that I have is that there was a candidate present at that meeting, got up and spoke (I believe because it is second-hand information) and distributed campaign literature. I don't know and I have not done a study on the campaign laws or the ethics laws but it seems to me that the impropriety of that ... Mayor Featherman — Was it an impropriety if you weren't there? Commissioner Pa liaro — ...the fact that a candidate is there giving out information and where were the other candidates? Were they invited to attend? Commissioner Trinlev — Yes they were invited, sir. The controversy came up because Mr. Feldman was delivering Mr. Kelvin's campaign information rather than Mr. Kelvin himself. So I believe he was asked to stop that and Mr. Kelvin proceeded to pass out his own information. Commissioner Pa lg iaro — My comment then would be that I would feel very comfortable in regard to Mr. Torcivia making the inquiries and bringing back whether there were any improprieties or not. Mayor Featherman — Commissioner Trinley was I there when all this occurred? Commissioner Trinley — You were there yes. Mayor Featherman — Was I there after my speech? Commissioner Trinley No, but you were there when the information was being distributed. Mayor Featherman — I think that there is something here that I don't know about but I should find out. I thank you very much. D) Commissioner Trinley — No Report. E) Vice Mayor Zwick — No Report. 9. REPORTS — TOWN ATTORNEY Charter Amendment Overview: A charter, which is a municipality's constitution, is written to form the municipality and is similar to articles of incorporation. The charter sets forth the boundaries of the municipality, its form of government, the size of the commission, and certain governmental processes. Charters or charter provisions adopted or readopted subsequent to the adoption of the Municipal Home Rule Powers Act, may only be amended as provided in section 166.031 of the Town Commission Workshop Minutes February 28, 2012 Page 8 of 9 Florida Statutes. "The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter that part describing the boundaries of such municipality. The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose." Each Commissioner will appoint one person to the Charter Review Board. Once they have completed their review, they will submit the changes to the Commission who will incorporate the changes into an ordinance and then submit to the electors or approval. Vice Mayor Zwick — I sat on the Board for the last Charter Review and it took a year. It was an enlightening experience. The Commission is given an opportunity to sit in at their meetings and share their thoughts. Consensus to include on the March 6, 2012 Agenda. Manager Weiser — At next week's meeting, each Commissioner will nominate one person to serve on the Charter Review Board. The last Board also included two at -large members. Do you also want to appoint two at -large members? Consensus was to have a five member Charter Review Board. Each Commissioner will propose one name at next week's meeting. 10. REPORTS — TOWN MANAGER Ambulance inquiry — Fire Chief Conner is working with us to provide figures for replacement and/or refurbishing our present ambulance. I should have them available soon. Signs —The signs on AIA are through a joint effort of all the seaside communities in this area. They are temporary and are moved every week to a different seaside community. The sign was borrowed from Delray Beach. 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING George Kelvin — Boca Highlands Have not been in the Penthouse Towers in fourteen years. Harold Hagelmann — Dalton Place Town Commission Workshop Minutes February 28, 2012 Page 9 of 9 Are we putting the cart before the horse by replacing the air conditioning prior to hiring an architect? to refurbish Town Hall? Shouldn't the air conditioning be part of the renovations? Manager Weiser — The air conditioning is for the administration side of the building, as the renovations are on this side of the complex. Carl Feldman — 3210 S. Ocean Blvd. There are two Financial Advisory Board meetings scheduled this month. Feel the Commission should require that they be videotaped and broadcast. Do not think George Kelvin and I are doing anything wrong in attending meetings with the Mayor. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 2:16 PM upon a MOTION by Vice Mayor Zwick and seconded by Commissioner Pa lg iaro. APPROVED: Miri S. Zwick, Vice Mayor a� Doris M. Trinley, Commissioifer Jo J. Pagliaro, Commissioner ILVX -A---- Dennis J. She dan, Commissioner ATTEST: Beverly M. Wown,"MMC