2012.03.06_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, March 6, 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; Public Works Director Lee; 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
Read an article in the latest Coastal Star about bicycle signs. The Town needs to get in touch with
zMotion to see how they were able to get approval to install the signs, and the Town of Highland
Beach cannot.
Lou Stern — 1115 Russell Drive
Less than 50% of the Town is capable of receiving Channel 95, due to the fact that they have U-verse,
AT&T or Direct TV. The only people that receive Channel 95 are Comcast customers. In order for
the other cable users to receive it, Comcast would have to upgrade their equipment, which is not
going to happen. Unfortunately, Channel 95 is not the answer for public broadcasting.
Town Commission Regular Minutes
March 6, 2012 Page 2 of 7
Carl Feldman — 3210 S. Ocean Blvd.
Some of the contracts in Highland Beach are given out without going out for Bids. In the Saturday,
Palm Beach Post, there was an article regarding no bids in Delray and the comments made by the
Inspector General. When we approved a "No Bid" with Waste Management, did we create a problem
for the Town?
3. PRESENTATIONS
None
4. BOARDS AND COMMITTEES
A) Board Correspondence:
• The report from Paul Resnick, Airport Advisory Committee Representative, was read into
the record.
B) Board Action Report:
• Read into record by Town Clerk Brown.
C) Board Vacancies
• Board of Adjustment Appeals — One Two-year Term
D) Monthly Board Meetings
• Beaches & Shores Advisory Board — March 13' — 9:30 AM.
• Planning Board — March 14th - Cancelled
• Bd. Of Adjustment — March 20d' — Cancelled
• Code Enforcement Board — March 21 st - Cancelled
• Financial Advisory Board — March 23id — 9:00 AM.
5. PROPOSED ORDINANCES AND RESOLUTIONS
None
6. NEW BUSINESS
A) Schedule Date for a Special Meeting for Oath of Office for newly Elected Officials
Town Clerk Brown explained that the official results of the election would not be available until the
19'h of March. This meeting would have to be scheduled after that date.
MOTION: Commissioner Pa lg iaro moved to schedule the Town Commission Special Meeting to
swear in newly elected officials on March 22nd at 1:30 PM. (Please note that this meeting was re-
scheduled for March 21" at 9:30 AM). Motion seconded by Commissioner Trinley.
Motion passed with a voice vote.
Town Commission Regular Minutes
March 6, 2012 Page 3 of 7
7. MISCELLANEOUS — ITEMS LEFT OVER:
A) Town Commissioners to announce their appointments to the Charter Review Board.
Appointments to the 2012 Charter Review Board: Commissioner Trinley — Beverly Brown;
Commissioner Pagliaro — David Stern; Commissioner Sheridan — Ron Clark; Vice Mayor Zwick
— Rosalind Svenstrup; Mayor Featherman — Marc Saltzberg.
MOTION: Vice Mayor Zwick moved to appoint
Rosalind Svenstrup and Marc Saltzberg to the 2012
Commissioner Pa 1
Motion passed with a voice vote.
Beverly Brown; David Stern; Ron Clark;
Charter Review Board. Motion seconded by
MOTION: Vice Mayor Zwick moved to set a time limit of six months to complete the 2012
Charter Review. Motion seconded by Commissioner Sheridan.
Motion passed with a voice vote.
8. REPORTS — TOWN COMMISSION:
A) Commissioner Dennis J. Sheridan — I would like to clear the air on a statement that was
made at a recent candidate's forum. A candidate made the statement that Joseph Yucht had passed
away. This is absolutely not true. He has moved from Highland Beach to Boca Raton.
Ambulance — Recently had a conversation with Chief Conner of Delray Beach Fire Rescue
regarding our ambulance. The Delray Beach Fleet Maintenance Department has thoroughly gone
over our ambulance and has stated that it is mechanically safe. They recommend replacing the
suspension, rear air bags, shocks and some minor work on the wiring. The life span of an
ambulance is 20 to 25 years, and our vehicle is only 8 years old. The estimated cost of these repairs
will be between four and five thousand, compared to purchasing a new ambulance at between two
hundred fifty and two hundred seventy five thousand dollars.
MOTION: Commissioner Sheridan moved to authorize the Town Manager to arrange for the
improvements of the Town of Highland Beach Ambulance by the Delray Beach Fleet Management
Department in an amount not to exceed $5,000.00 with the funding coming from the Contingency
Account. Commissioner Pa liaro seconded the motion.
Discussion:
Mayor Featherman — Would be against having any work done without going out for three bids.
Commissioner Sheridan — The Delray Beach Fleet Management Department would be completing
the work according with the contract that we have with them.
Town Commission Regular Minutes
March 6, 2012 Page 4 of 7
Town Manager Weiser requested that the Acting Finance Director explain the bidding process.
Acting Finance Director Curtis stated that Delray Beach have their own Fleet Management
Department who would complete the work and would bill us accordingly.
Town Attorney Torcivia — Delray Beach Fire Rescue has a contract with the Town of Highland
Beach. When Delray Beach uses their own employees, they are required to follow the procedures
of the City of Delray Beach. Each municipality has their own set procedures.
Acting Finance Director Curtis — In our contract with Delray Beach Fire Rescue, a percentage of the
contract is to cover maintenance of our truck and ambulance. If they take our vehicle out for
repairs, they are required to provide us with a back-up vehicle at no cost.
Former Mayor Harold Hagelmann — As a retired Chief of the New York City Fire Department,
would recommend not repairing the ambulance, but replacing it.
Commissioner Pa lg iaro — We are talking about between four and five thousand dollars in repairs on
an 8 year old vehicle. We are not discussing a 20 year old vehicle. Fleet Management will be
following the bidding procedures set by the City of Delray.
Commissioner Sheridan — Let's consider the fact that two years ago we went to the voters for
authorization to replace a 15 year old fire truck and it was rejected. Why would we purchase a new
ambulance for $275,000 when we can repair it for under $5,000.00?
Mayor Featherman — My problem is not going out to bid.
Commissioner Trinley — We already have a contract with Delray Beach Fire Rescue that includes a
maintenance clause. Why would we go out to bid to have someone else do the work?
Town Clerk Brown stated that there is a motion on the floor that needs to be addressed.
Commissioner Sheridan withdrew his motion and Commissioner Pa liaro withdrew his second.
MOTION: Commissioner Pa lg iaro moved to authorize the repairs on our Fire Rescue Truck by
the Delray Beach Fleet Maintenance Department up to $5,000 as long as Delray Beach follows all
laws and regulations, with the money being transferred from the Contingency Account.
Commissioner Sheridan seconded the motion.
ROLL CALL:
Commissioner Pagliaro -
Yes
Commissioner Sheridan -
Yes
Commissioner Trinley -
Yes
Vice Mayor Zwick -
Yes
Mayor Featherman -
Yes
Motion passed with a 5-0 vote.
Town Commission Regular Minutes
March 6, 2012 Page 5 of 7
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.
9. REPORTS — TOWN ATTORNEY:
I recently received an inquiry requesting if there is a conflict of interest if an elected official
endorses a candidate. The answer is in the negative. The Code of Ethics for Public Officers and
Employees contains no provision which would prohibit a public officer from campaigning for
another person who is seeking a seat on his board or commission. However, just as in all of your
actions as a commissioner, your conduct in this respect should be governed by the following
provision of the Code of Ethics: MISUSE OF PUBLIC POSITION: No public officer or employee
of an agency shall corruptly use or attempt to use his official position or any property or resource
which may be within his trust, or perform his official duties, to secure a special privilege, benefit, or
exemption for himself or others. Accordingly, so long as you do not use or attempt to use your
official position, or any property or resource within your trust, or perform your official duties in
order to assist a candidate for city commission, the Code of Ethics would not prohibit your active
campaigning for an individual seeking a seat on the city commission or the office of
mayor/commissioner.
10. REPORTS — TOWN MANAGER:
Reminder that the Town of Highland Beach is sponsoring the Palm Beach League of Cities
Meeting on March 28t', with the luncheon starting at 11:30 AM.
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.
A) Town Commission to Authorize the Purchase of two 45 HP Submersible Pumps from
ITT Water & Wastewater, Florida, LLC.
B) Request of Financial Advisory Board to Reopen Discussion of the Surplus Well Field
Properties in Boca Raton.
Town Commission Regular Minutes
March 6, 2012 Page 6 of 7
C) Authorize Staff to begin Contract Negotiations with Bridges Marsh & Associates as
Architect of Record for Town Hall renovations.
D) Town Commission to Authorize the Purchase of a New Air Conditioning Unit for
Town Hall.
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
Allen Teller — 4210 S. Ocean Blvd.
Doesn't the Town Manager have the ability to spend up to a certain dollar amount without going
through a ridiculous discussion comparing a $4,000.00 repair to a purchase of $275,000.00?
George Kelvin — Boca Highlands
What does a bumpy ride mean? An engineering firm would have equipment to calibrate the
movement of the vehicle.
Mike Ferrara — Dalton Place
Charter Committee — Would be interested in knowing when they meet so I could participate as a
citizen. On the Agenda Reports — would like to see the name of the Town Attorney and Town
Manager listed. This is John Pagliaro's last meeting. I would personally like to thank him for his
decision to serve the community. (Round of applause for John Pagliaro).
Mayor Featherman — The municipal election is March 13`f' and we have four outstanding people
running. Encourage the residents to get out and vote.
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 liaro.
APPROVED:
Bernard Featherman, Mayor
Town Commission Regular Minutes
March 6 2012 Page 7 of 7
Mir* S. Zwick, Vice Mayor
Doris M. Trinley, Commissioner
Jo h
J. Pagliaro, Commissioner
Dennis J. SIRSIdan, Commissioner
ATTEST:
everly M. own, MMC
Town Clerk
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