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2012.04.03_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, April 3, 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 Ron Brown; Commissioner Doris M. Trinley; Commissioner Dennis J. Sheridan; and Commissioner Louis P. Stern. Also present: Town Attorney Glen J. Torcivia; Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; Acting Finance Director Cale Curtis; Lieutenant Eric Lundberg; 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 in honor of former resident Joseph Yucht. 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 REOUESTS Allen Teller — 4210 S. Ocean Blvd. Numerous comments have been made about the vacant parcel of property adjacent to 3210 S. Ocean Boulevard. Suggest that the Commission purchase that property and build a new police station there, freeing up numerous parking spaces at Town Hall. Harold Hagelmann — Former Mayor Congratulations to recently elected Vice Mayor Brown and Commissioner Stern. A person who was very active in the Town, Joe Yucht, passed away this past weekend. He was the individual who convinced the Commission to have a public portion at the beginning and ending of the meeting. Town Commission Regular Minutes April 3, 2012 Page 2 of 7 • 3. PRESENTATIONS None 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • Read into record by Town Clerk Brown. C) Board Vacancies • Board of Adjustment Appeals — Two Appointments • One Enforcement — One Appointment D) Monthly Board Meetings • Planning Board — April I Ph — 9:30 AM. • Financial Advisory Board — April 13t` — 9:00 AM • Bd. of Adjustment — April 17th — Cancelled • Code Enforcement Board — April 18th 9:30 AM • Beaches & Shores Advisory Board — April 19t' — Speaker — 9:30 AM • Beaches & Shores Advisory Board — April 23rd — Beach Clean -Up — 9:00 AM. 5. PROPOSED ORDINANCES AND RESOLUTIONS A) ORDINANCE NO. 12-001 O — First Reading AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CODE OF ORDINANCES, SECTION 2-46 TO EXEMPT MEMBERS OF THE CHARTER REVIEW BOARD AND OF ANY OTHER STATUTORY BOARD HAVING ONLY ADVISORY POWERS FROM THE DEFINITION OF "OFFICER" FOR PURPOSES OF THE PROHIBITION AGAINST DUAL OFFICE HOLDING; PROVIDING FOR SEVERABILITY AND CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 12-001 O, title only, into the record on First Reading. Town Attorney Torcivia - The way that state law reads is that "any board that is simply advisory that doesn't make a decision is not considered an "office" of the Town". For example listed in the Town's ordinances, the Financial Advisory Board is listed as an office of the Town • and theoretically, the Charter Review Board would be considered an office of the Town. That would have led to dual office holding. This [ordinance] would allow people to serve on any Town Commission Regular Minutes April 3, 2012 Pasze 3 of 7 advisory board while holding a different office in the Town. It is a matter of bringing the . ordinance in compliance with state statutes. Commissioner Trinley — Is there a problem with the appointments being made to this board as some of the individuals already serve on another board? Attorney Torcivia — I would recommend not holding the first meeting until after the ordinance is adopted. No further discussion by the Commission. Ordinance No. 12-001 O scheduled for Second Reading, Public Hearing and Adoption at the May 1, 2012 Regular Meeting. 6. NEW BUSINESS None 7. MISCELLANEOUS — ITEMS LEFT OVER: A) Minutes of February 28, 2012 Workshop Per request of Mayor Featherman, Section #8 C is verbatim. Commissioner Trinlev — Mayor, why did you want this section of the meeting done verbatim? • Mayor Featherman — I had received an email from Bonnie at Seagate stating that my invite was for myself alone and no candidates were invited. I attended the meeting alone and left alone. The candidates that attended did not arrive with me. _Comm. Trinlev — I would assume that the Board of Directors invited the candidates by separate invitation. MOTION: Vice Mayor Brown moved to approve the minutes of February 28, 2012; seconded by Commissioner Stern. ROLL CALL: Vice Mayor Brown - Yes Commissioner Stern - Yes Commissioner Sheridan - Yes Commissioner Trinley - Yes Mayor Featherman - Yes Motion passed with a 5-0 vote. B) Appointment of Deanna B. Kelvin to the Charter Review Board as Mayor Featherman's replacement appointment. • Town Commission Regular Minutes April 3, 2012 Page 4 of 7 Mayor Featherman — Will someone make a motion to appoint Deanna Kelvin to the Charter • Review Board? Commissioner Sheridan - No Comment Commissioner Stern - No Comment Vice Mayor Brown - No Comment Commissioner Trinley - Pass Mayor Featherman — I think that it is odd that the Commission did not vote on this nomination. C) Appointment of Ruth Samuels to the Charter Review Board as Commissioner Trinley's replacement appointment. Mayor Featherman — Will someone make a motion to appoint Ruth Samuel to the Charter Review Board? MOTION: Commissioner Stern moved to appoint Ruth Samuels to the Charter Review Board; seconded by Vice Mayor Brown. ROLL CALL: Commissioner Stern - Yes . Vice Mayor Brown - Yes Commissioner Trinley - Yes Commissioner Sheridan - Yes Mayor Featherman - No Motion passed with a 4-1 vote. 8. REPORTS — TOWN COMMISSION: A) Commissioner Dennis J. Sheridan — No Report. B) Commissioner Louis P. Stern — All you read in the newspapers lately is that tax heights are looming. Hope that the Finance Advisory Board can come up with some innovative ideas so that we do not have to raise taxes. C) Commissioner Doris J. Trinley — What is the cost of the temporary road sign? Rather than rotate the sign amongst the beach communities, can we purchase one ourselves? Lt. Lundberg — That sign has been temporarily donated by the manufacturer, in hopes that we will purchase it in the future. The cost is $11,000.00. Comm. Stern — Is that the cost of one sign or two? Reply — One sign. 0 Town Commission Regular Minutes April 3, 2012 Page 5 of 7 • D) Vice Mayor Ron Brown - Town Manager, can you determine what it would cost us to hire a part-time Code Enforcement Officer? I would like this item included on the next workshop agenda. Comm. Trinlev — Do we have to stay with the company that we now have a contract with? Vice Mayor Brown — Could we promote someone from within? Manager Weiser — Will look into it for the next meeting. E) Mayor Bernard Featherman — Read into the record correspondence received from Richard Radcliffe, Executive Director of the Palm Beach League of Cities thanking the Town for hosting the March meeting of the League this past week. Would like to thank Town Manager Weiser, Commissioner Sheridan, Town Clerk Brown and Assistant to the Manager Burgess for all the work that they put into it. 9. REPORTS — TOWN ATTORNEY: 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 Employees — 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 Regular Minutes April 3, 2012 Page 6 of 7 • Municipal Government 101 - Florida Statutes — Chapter 166 Forms 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: Requested the Town Commission to stay for a group photo after the meeting. 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) Approve the request of the Beaches & Shores Advisory Board to spend $75.00 for costs associated with the April 19, 2012 presentation. B) Approve the request of the Beaches & Shores Advisory Board to spend $150.00 for costs associated with the volunteer beach clean-up on April 23, 2012. C) Authorization for the Town Manager to enter into a Contract with Bridges Marsh & Associates for Professional Services for the Town Hall facilities renovations. D) Approval of Minutes March 6, 2012 — Regular Meeting MOTION: Comm. Sheridan moved to approve the Consent Agenda as presented. The motion was seconded by Vice Mayor Brown. ROLL CALL: Commissioner Sheridan - Yes Vice Mayor Brown - Yes 0 Commissioner Trinley - Yes Town Commission Regular Minutes April 3, 2012 Page 7 of 7 Commissioner Stern - Yes • Mayor Featherman - Yes Motion passed with a 5-0 vote. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING No comments received. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 1:58 PM upon a MOTION by Commissioner Stern seconded by Commissioner Sheridan. APPROVED: I Bernar eatherman, Mayor • Ron wn, ice Mayor „ ATTEST: Beverly M. B own, MMC Town Clerk Da e G • Dennis J. 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