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2012.07.31_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, 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 Ron Brown; Commissioner Doris M. Trinley; Commissioner Dennis J. Sheridan; and Commissioner Louis P. Stern. Also present: Town Attorney Len Rubin; Town Manager Kathleen Dailey Weiser; Town Clerk Beverly Brown; Finance Director Cale Curtis; Public Works Director Jack Lee; Chief of Police Craig Hartmann; Building Official Mike Desorcy; 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. 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. I am a concerned citizen and taxpayer of Highland Beach. One year ago, Commissioner Sheridan stated he was interested in saving money. Renovations of this side of the building cannot be authorized as the Commission does not have the authority to spend that amount of money without a referendum. The Town Commission cannot spend money that the Town does not have. Anita Pearlman — 2352 S. Ocean Blvd. The condos have been operating on a different tax basis than the houses. My taxes have gone up $10,000 for the past two years. The houses adjacent tome have sold for half their value. The condos do not have the same problems as the home owners. Town Commission Workshop Minutes July 31, 2012 Page 2 of 18 Arlin Voress — 4403 Intracoastal Drive Property values in Bel Lido have gone back up rapidly, but not at the value they were a few years ago. It will be a while before they get back to the point. The Town Commission is looking at expanding this part of the building. Gloria Tanenbaum — Seagate I have been a resident of Highland Beach for over twenty one years. Appreciate all the work the Commission does, and would like to thank them. Commissioner Trinley — Did the architect take into consideration in that $750,000 figure that this building might not be hurricane proof? Town Manager Weiser — I cannot say for sure. This figure comes out of his initial review. I would assume that he took that into consideration. But I cannot say for sure. Comm. Trinley — I would like to have that answered. Jack Tanenbaum — Seagate While sitting here, I have looked around this room. Cannot see why at this particular time the need to remodel and raise the taxes. There are a lot of people who live in the condo's that cannot afford to have their taxes raised. At this time it is utterly foolish to spend the money. Beverly Tra f — Ambassadors East This building is beautiful, do not see the need to refurbish it. We have some beautiful houses and villas here that pay more taxes than the condo's. I am in real estate and houses are selling at half their original price. Our taxes are high enough. I cannot see any reason to raise the taxes. Harold Hagelmann — 4748 S. Ocean Blvd. and former Mayor I know that the Commission is looking for more money. You have to remember that we still own two parcels of property in Boca. Have we had any interest on it? At one time we had an offer on it, but the Commission rejected it. If we could sell the property, that would bring in additional money. Mayor Featherman — The Financial Advisory Board has recommended that we sell the property. Manager Weiser — That money is Water Enterprise money, and cannot be co -mingled with the General Fund. Jack Halpern — 4511 S. Ocean Blvd. On Saturday and Sunday mornings, there is a large gaggle of bicyclists that drive through town. For a while they stopped, but recently have started again. They constantly interfere with the regular flow of traffic. We really need to stop them. Have noticed some of the towns in north county pull a police car across the lane of traffic and stop them. Is there something that can be done? Mayor Featherman — There are things that the police can do. Gloria Tanenbaum — Seagate This past Saturday, they had blocked the whole lane of traffic and no one could get around them. This needs to be addressed. They are out of control. Town Commission Workshop Minutes July 31, 2012 Page 3 of 18 3. PRESENTATIONS: Town Manager Weiser on behalf of the Florida League of Cities and the John Scott Dailey Florida Institute of Government, presented to Vice Mayor Brown and Commissioner Stern, "Certificate of Completion" for the completion of the 2012 Institute for Elected Municipal Officials held June 22 — 24, 2012 in Tampa. This is an intensive course sponsored by the Florida League of Cities to assist newly elected officials. 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • None C) Board Vacancies: • Board of Adjustment & Appeals — One Appointment • Code Enforcement Board — One Appointment Interview — Talent Bank Application Jack Halpern — 4511 S. Ocean Blvd. Jack Halpern — Has been a resident of Highland Beach for fifteen years. Has two engineering degrees and previously owned his own environmental consulting business for over 40 years. He still does some consulting work. Previously was a member of the Code Enforcement Board. After attending a Code Enforcement Board meeting recently, realized there are some issues that are not being addressed in Highland Beach. Consensus was to appoint Jack Halpern to a 3-year term and schedule on the August 7tt` Consent Agenda. D) Monthly Board Meetings • Town Commission Budget Workshop — August 7" — 4:30 PM • Planning Board — August 8tn - Cancelled • Beaches & Shores Advisory — August 14th - Cancelled • Code Enforcement Board — August 15th - Cancelled • Financial Advisory Board — August 20th — 9:30 AM • Town Commission Special — July 17th — 1:30 PM • Bd. of Adjustment & Appeals — August 21St - Cancelled 5. PROPOSED ORDINANCES AND RESOLUTIONS A) ORDINANCE NO. 12-002 0 Town Commission Workshop Minutes July 31, 2012 Page 4 of 18 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING CHAPTER 6, "BUILDINGS AND STRUCTURES," OF THE TOWN CODE OF ORDINANCES; AMENDING ARTICLE I, "IN GENERAL," BY AMENDING SECTION 6-1, "DUNE WALKOVER STRUCTURES;" REPEALING ARTICLE II, "CONTRACTORS," ARTICLE III, "BUILDING CODE," ARTICLE IV, "COASTAL CONSTRUCTION CODE," ARTICLE VI, "PLUMBING," ARTICLE VII, "GAS," ARTICLE VIII, "MECHANICAL INSTALLATIONS," ARTICLE IX, "ELECTRICAL CODE," AND ARTICLE X, "SWIMMING POOL CODE," IN THEIR ENTIRETY AND ADOPTING A NEW ARTICLE II, "TECHNICAL CODES;" AMENDING V, "SEAWALLS, BULKHEADS, RETAINING WALLS," BY AMENDING SECTION 6- 1269 "PENALTIES," SECTION 6-127, "CONSTRUCTION," SECTION 6-128, "APPROVAL REQUIRED FOR BULKHEADS, SEAWALLS, RETAINING WALLS; REQUIRED NOTIFICATION OF ABUTTING PROPERTY OWNERS," SECTION 6- 129, "INSPECTION," AND SECTION 6-132, "ABATEMENT OF NUISANCES, INJURIOUS OR DANGEROUS CONDITIONS;" ADOPTING ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE AND ADOPTING A PROPERTY MAINTENANCE CODE; REPEALING ORDINANCE NO. 720-A; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 12-002 O, title only, into the record. Town Manager Weiser: On December 1, 2006 the Town Commission adopted Ordinance No. 720 A — Amending Chapter 6, Building and Structures of the Code of Ordinances of Highland Beach. Once the ordinance was adopted, a companion ordinance amending and restating Chapter 6 in its entirety was to be adopted. This was never done. Attorney Len Rubin, Building Official Michael Desorcy and Town Clerk Brown have reviewed Chapter 6 in its entirety and this ordinance is the result of such review. The Ordinance adopts Administrative Amendments of the 2010 Florida Building Code; adopts a Property Maintenance Code; and repeals Ordinance 720A. The Ordinance also modifies or repeals outdated and obsolete language and confirms certain provision to current Town practices. A separate Resolution adopting the fee schedule will be introduced at the August 28, 2012 Workshop Meeting. Any item that is temporary in nature should be adopted by Resolution rather than Ordinance. The current fee schedule being used by the Highland Beach Building Department was part of Ordinance No. 720A and has never been restated. No discussion. Consensus was to schedule on August 7, 2012 Agenda for First Reading. B) RESOLUTION NO. 12-002 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, STRONGLY SUPPORTING THE COUNTY'S CONTINUED ALLOCATION OF THE $12.50 FUNDS TO THE MUNICIPALITIES PURSUANT TO COUNTY RESOLUTION NO. R-2002-0192, WHICH SERVES TO ENHANCE THE Town Commission Workshop Minutes July 31, 2012 Page 5 of 18 COUNTY'S INTERGOVERNMENTAL COMMUNICATIONS PLAN; AND STRONGLY SUPPORTING THE COUNTY'S DISBURSEMENT OF THE $12.50 FUNDS TO COVER EXPENSES FOR ALL MUNICIPALITIES THAT HAVE RADIO SYSTEMS THAT ARE FUNCTIONALLY INTEROPERABLE WITH THE COUNTY'S RADIO SYSTEM WITHOUT ARBITRARY DISTINCTIONS BEING MADE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Town Clerk Brown read Resolution No. 12-002 R, title only, into the record. Town Manager Weiser stated Florida Statutes authorized Palm beach County to receive $12.50 from each moving traffic violation written by municipal law enforcement officers in order to fund the municipalities county's participation in an intergovernmental radio communication program. We have learned that the County Staff intends to recommend to the County Commission termination of all future disbursements. This Resolution is in support of the continuance of this allocation. No discussion. Consensus was to schedule on August 7, 2012 Agenda for First Reading 6. NEW BUSINESS A) Authorizing the Mayor to execute a Contract for Auditing Services with Nowlen, Holt & Miner, P.A. Town Manager Weiser - In September 2007, Nowlen, Holt & Miner, P.A. (NHM) was selected as the most qualified accounting firm to audit the Town's financial statements. The audit engagement with NHM expired with the completion of the fiscal year ended September 30, 2011 audit. Based on the Town's positive experience and a negotiated 14% fee decrease with NHM, I would like to recommend a renewal of the engagement for an additional three years (Fiscal Year Ends 2012, 2013, 2014). NHM was able to provide a discounted renewal rate because they are already familiar with the Town's methods of financial related activities and do not have to spend valuable time learning about the Town's accounting policies, procedures, and internal controls. The engagement letter was reviewed and determined to be legally sufficient by the Town attorney's office. The attached contract has been drafted for execution of the engagement. Comm. Trinlev — If we went out to Bid, would we lose that 14% fee decrease? Reply — Yes. Consensus was to schedule authorization on the August 7`h Consent Agenda. B) Charter Review Board Recommendations. Town Attorney Torcivia — As some of you are aware from attending some of the meetings of the Charter Review Board you had an excellent citizen board that you put together, Chaired by Mr. Clark who is in the back. They went through the Charter paragraph by paragraph, section by section and I will go through the proposed changes. I will just note that there are two categories of changes. Some items have to go to referendum and some items can be approved by the Commission by ordinance so Town Commission Workshop Minutes July 31, 2012 Page 6 of 18 that is set forth in the margins which way it has to go. Hopefully we will get some direction today as to which ones you will want to approve; all of them, some of them, modify them and then we will create the two ordinances one for a referendum and one to come back to you both for next week. The first real change would be the third page in Section 1.05 and there are no changes on the first two pages. This is pretty basic. There is really a typo where it talks about, in the second paragraph, the Town of Highland Beach may, it is supposed to be sue or be sued, so instead of the word sue it was a typo and used the word use instead of sue so there is a change there. The line under that is in accordance with law in Section 9.03 of this Charter. However this is one of the ones that has to go to referendum and there is a whole body of case law when one has to go to referendum. Essentially there are nine items that have to go to referendum plus anything that went to referendum in the past so if ever was approved by referendum it has to go back to referendum. But if it was not approved by referendum it could be approved by ordinance. Again in the margins it will tell you this was amended by referendum so it has got to go back to referendum, if you want to make that change. The next page is 1.06. Let's start with the terms of office of Commissioners and in section three the suggestion of the committee is that no person may serve more than two successive elected full terms and whether that is the Mayor or Commissioner and the conversations that the committee had were what if someone is appointed to serve six months of a term, does that mean they can be elected only once more or twice more. So it really was to clarify that this limit is to full terms that they were elected to as opposed to filling in. Mayor Featherman — I know we had a Commissioner who served less than a second term and according to the way we had it before that was considered a second term. Attorney Torcivia - I think that is what the committee was trying to make it clear that if you are elected you get a full term and you can get another elected full term. That is the committee recommendation. Paragraph four on that same page says that the Commission shall designate by Resolution we changed the word same to a qualified person as Town Clerk and once employed the Town Clerk reports to the Manager in accordance with the Charter and the Town's Personnel Rules and Regulations so the addition of the words Personnel Rules and Regulations and this is one that can be amended by ordinance. Number five — The biggest change here was talking about the precincts and they used to be precincts numbers 4094, 4086. At the first meeting there was another precinct mentioned; by the second meeting they said the Supervisor of Elections was thinking of another precinct to add so the suggestion was precincts may be established from time to time by the Supervisors of Elections and just delete the numbers because the numbers are going to keep changing. On the next change that was really just how the election is certified. Again, the Supervisor of Election locally, I think the Clerks in general not just our Clerk but Municipal Clerks, have some frustration with the current supervisor because she changes the rules as to how she is going to certify elections so we just made it clear that it is the Commission that certifies the results. The Supervisor tabulates the results; she brings the results forward; she says Commissioner Smith got 100 votes, Commissioner Jones got 90 votes but you certify it as opposed to her coming to every municipalities meeting and certifying them. That is what this change is all about and once you get the results you are the official body that does the certification. On 1.07 towards the bottom the word shall was changed to should. What they used to say was "The Town Commission shall hold at least one meeting a month" and the suggestion was "should hold" because particularly in the summer you might skip a month and sometimes there is no business. Right now you are required to so the suggestion is should. There is nothing on the next page that starts Town Commission Workshop Minutes July 31, 2012 Page 7 of 18 municipal powers. The page after that at the very top "land clearance" which talks about having owners of land in the town keep them free of weeds and obnoxious growth they added the word over rowth to that as a suggestion. Middle of the page # I 1 Cable & Telecommunications — we added a couple of things to the extent permitted by law because the Federal Government enacted a law about six years ago where they pretty highly regulate this whole communications field but if there little bits left for the towns and municipalities who wanted to preserve that right we just put "to the extent permitted by law you could do things" and we took out the words "beyond the boundaries". Frankly I don't know how that ever got in there because no town has the power to do something beyond their boundaries. Next page there is nothing. The page after that is Article No. 25 Littering Prohibited Section 2.01 - Numeration of Powers. The Committee recommended adding prohibiting littering upon any public or private beach within the town. Next page there is nothing. The page after that is Article No. 25 Littering Prohibited Section 2.01 - Numeration of Powers. The Committee recommended adding prohibiting littering upon any public or private beach within the town. On the next page and there was a lot of discussion about this Paragraph 30 the Funding Limitation. The language that is in the Charter now, and again this was added by ordinance and not by referendum so this is something that can be done by ordinance. Any single project or accumulation of projects over $350,000 the way it currently exists has to go to referendum. The committee spent two meetings, an hour at each meeting, on this topic and their recommendation is any single project that exceeds seven percent of the Town's General Fund Budget and I think from Cale and Kathleen that's about $700,000 because right now your budget is about ten million so seven percent would be $700,000; if it goes beyond seven percent it requires a vote of four Commissioners instead of three. Mayor Featherman — That isn't how I read it. Attorney Torcivia — (Reading) Any single project requiring allocation of more than seven percent of the Town's General Fund Budget in any fiscal year must first be approved by the affirmative of four members of the Town Commission. Mayor Featherman — You had said three. Attorney Torcivia — I'm sorry I meant to say four. I apologize. Mayor Featherman — I have a comment on that however. I attended that meeting and I was surprised and saddened that the way the amount was put in. It was changed from $350,000 to where it would come out to about $750,000 and oddly enough we are working on a project of $750,000. Now I don't think one has anything to do with the other but it comes to me as a surprise and really I think people would think the same way. A single project with an allocation of seven percent on the project that we looked at there were questions in my mind because we met on a Friday with the Architect and the next Tuesday they voted to get prices on it and there were questions I had that I brought up and questions in my mind as to what was involved in this. When they said $750,000 and he had approximately $75,000 additional I gave that deep concern because they want to put TV cameras in here, electrical work, want to change the whole room around, they wouldn't have as many people sitting here, we have to pay for chairs and when I started to think about it we have a nice place here. We don't need to put that in right now. The economy is bad. It's terrible and our housing has gone down. When I heard those remarks from people here today housing has gone down thirty to fifty percent in value and yes it will come back. Everything comes back, just like the great depression came back ten years later. If they did research on it, that's what they would see. I really feel I take exception to this seven percent because it should go out where people would have a referendum instead of just having a Commissioner's vote on it. I know we have good Commissioners here well-intentioned but sometimes when I look around the room we only have eight to ten people here and they are mostly the same people and some of them have a bias that is completely different than the will of the people out there who are our residents and Town Commission Workshop Minutes July 31, 2012 Page 8 of 18 that's why I think we should have a referendum and that's why I think that figure should be a dollar amount and not a percentage and it should go if maximum to $500,000 because it's just a figure. It should go to a referendum and I really feel that there are concerns because I've gone through building and just recently in '09 we put up a 70,000 foot building in Connecticut and we figured four million dollars and it came out that when our costs were done it came close to five million dollars. It was twenty to twenty-five percent more. And, here it is thought ten percent and we haven't figured everything into it yet. We have a good Police Dept. but when I start to look at the things on the layout they gave they have two conference rooms and I want to tell you something. I've researched this and the Police work this way; they have two days on and three days off. They work six people in a full 24 hour shift. That means that they have the Chief and the Lieutenant and an Administrative Assistant, a woman who works in the front room. Where are all these people going to be? We have separate offices made. It's a Taj Mahal in my mind and what are we doing it for right now? We owe it to our people to give them the best facilities but this is a bad, bad time to put money out. I can't see where we are doing this if it were a question that we weren't going to look even for a double dip recession which they are talking about now. We need to cut our spending instead of increasing our spending and I think the people out there have a right to vote on this. Vice Mayor Brown - First off we are not debating the projects what we are doing is going through our Charter. We can debate whether or not it is smart to change this building when we get to that point in our budget discussion. This is trying to take a Charter and look downstream and I think that anything less than ten percent in the General Budget is very shortsighted. This Charter was made ten years ago. This Charter that we just reviewed here is looking out for the next ten years and I think it is very shortsighted ten years from now to tie the Commission to a fixed figure, i.e. your suggested $500,000. We need to have an open mind and be able to look downstream and say that the Commission that is sitting here ten years from now (2022) is not tied in funding and we have to go out every time we have a project that is greater than $500,000. My recommendation is that we make a ten percent of the General Fund Operating Budget as our maximum and if we go above ten percent then we go to referendum. We get rid of all this verbiage of super majorities, unanimous vote and we make it a figure and that figure I am recommending is that it would read something to the point of any single ro'ect requiring an allocation of less than ten percent of the Town's General Fund Budget in any given fiscal year shall not be funded until the purposes and amounts of such allocation shall have been approved by the affirmative vote of a majority of the members of the Town Commission. Mayor Featherman — I would like to, if I may, take challenge to that for reason. Nothing really holds for ten years. When you plan you really work a three or a five year plan because things change radically. We are going through very difficult times today. These are tough economic times. I just have done some research since you have too. In 2010 we had six million three hundred thousand dollars in our reserve fund. In 2011 we had approximately five million five hundred thousand. From what I understand we took out about eight hundred thousand and put back about five hundred thousand and that was told to me by one of our personnel. In 2012 we have approximately 4.75 million dollars right now 4.75 million dollars. The Government Finance Officers Association recommends in '08 between five to fifteen percent and then they came back and said approximately seventeen percent of your operating money should be put in that type of a fund a reserve fund. If you figure seventeen percent that fund would come down to somewhere around two million four hundred fifty thousand. Now if we continue in the direction going for the next three years, in 2013 it should be about four million dollars in a reserve fund if we're tapping that and not raising our taxes. In 2014 it Town Commission Workshop Minutes July 31, 2012 Page 9 of 18 should come down to 3.25 million dollars and 2015 she should come down to 2.4 million dollars. Now this is what was stated by the Government Finance Officers Association. We are using approximately seven fifty to eight hundred thousand dollars as a draw out of our Reserve Fund. We need that Reserve Fund because if something hits in the next hurricane or a double dip recession where are we going to get the money to help out here so we do have that Reserve Fund available. Vice Mayor Brown — Sir could we come back to the point in question? The point in question is not what our reserves are; point in question is not what our budget is going to be. The point in question is what is the funding limitation for the Charter going to be? Mayor Featherman - The funding should be we shouldn't spend more than we have and we shouldn't spend money. We should cut our expenditures right now and we should have it set so this doesn't dovetail with a thing we have working now with seven hundred and fifty thousand dollars. When I look at it, if this says seven percent or seven and one half percent, that matches seven hundred fifty thousand dollars on a project here. We really don't need to take that move right now. Commissioner Stern — Mr. Mayor you are off point right now. You are totally one hundred percent off point. Mayor Featherman — Tell me where I am off point. Commissioner Stem — Because, that is not what we are discussing right now. This is not a budget discussion. This is not a discussion for construction. Mayor Featherman — What I am bringing out is that we have a number of projects. Commissioner Stern — All we are setting out is a Charter where the Commission can function within... period. That is what we are here for today. So I think you are off point today. You may bring all this up at a budget meeting and we've got them coming and we've got hearings coming. But I think you are off point today. Mayor Featherman — Well thank you Mr. Commissioner. Vice Mayor Brown — I think we need to go back to what we are discussing here and what our Attorney brought up and that point is what and how we are going to set our funding limitation. It has nothing to do with the budget; it has nothing to do with this building; it has nothing to do with that. It has to do with a vision looking out to ten years from now as to how a Commission of Highland Beach is going to be able to fund their projects without going to a referendum every time we go around and I think we need to consider ten percent of the operating budget voted on by the majority of the Commission to be able to fund our projects. Mayor Featherman — I think that should be reduced considerably even though we are looking ahead for ten years that puts us in a position where there is a conflict right now in my mind of something that we are doing immediately. Vice Mayor Brown — That should have no bearing at all in what we are doing. Mayor Featherman — It does have a bearing... Vice Mayor Brown — Well it doesn't. Mayor Featherman — For a business person who understands it does have a bearing that you can't spend more money than you have and you got to get approval from the people out there. We have to have a referendum and the referendum should be a fair number not seven percent. We had before three hundred and fifty thousand; alright so we move it to a half million dollars but to move it to a percentage point we will be dropping down again. Commissioner Stern -That is only the recommendation of those people that put together the recommendation to bring to us, and they worked hard, and I accept what they tried to do for us. We don't have to accept what they did but I think what they tried to do was fair and I think it makes sense. Now, we today, don't have to accept it. We are Town Commission Workshop Minutes July 31, 2012 Page 10 of 18 only working on the Charter today. So let's use our heads and come to a decision that the five of us can live with what's good for us and what's good for the Town. Mayor Featherman — They did a good job on the Charter. Commissioner Stern — They did an outstanding job. Mayor Featherman - Some things questioned in my mind because they dovetailed together on this taking place. Commissioner Stern — I don't think it has anything to do with the project or even thought about it. It has nothing to do with it because even at seven hundred and fifty thousand dollars that is not enough money to do the project. Commissioner Triple v — Since the Town is literally built out, give me an example what kind of projects you have that might take all of this money. You know just what might happen. Vice Mayor Brown — Well someday somebody might actually want to get something approved for cleaning the beach. Commissioner Trinlev — The beach is private. How are you going to do that? Vice Mayor Brown — No it's not. Commissioner Triple v - Yes at the high water mark it is. Mayor Featherman — That is true it is private. Vice Mayor Brown — Okay I will give you another example. Someday we may actually redo our walk way. Someday we may have to redo the roads. Someday we may have to redo some of our infrastructure that we have that is starting to need repair. If we have to go out every single time we have a project of five hundred thousand or more to a referendum, it reduces the capability of the Commission to project and keep our infrastructure in our Town in the shape it is today. Commissioner Trinlev — Okay, I appreciate everything you said and it all makes good sense but it is a what if situation and given the reputation that most politicians have considering this is summertime and most of the people aren't here I don't think it is very wise for us to consider this kind of jump in what we are allowed to spend because I think it is unfair of the people not to have a say and I agree with the Mayor. Vice Mayor Brown - I am not trying to change it for today. This is going to be for the next ten years and it just so happens to be today that we are talking about it. It has nothing to do with the current project we are running. Mayor Featherman — Why don't we keep it at three hundred and fifty thousand dollars and let people do a referendum no matter what time it is. Vice Mayor Brown — So then every time we have a project we have to wait until an election time frame to be able to proceed even to tell the Town Manager to get a contract because we have to go to referendum. I disagree one hundred percent. Mayor Featherman — I think you have to get this back to the people rather than just have five of us up here making a decision. If the people want it and we decide we want to put it out there then they should have the right to either take it or reject it. Vice Mayor Brown — Take what? What are we taking or rejecting? Mayor Featherman — I am sorry we are getting now into a personal conflict. Vice Mayor Brown — No, No, No I am talking about the funding limitation I am not talking about .... Mayor Featherman — Okay fine. Commissioner Trinlev — Okay since this is a workshop and we can't do anything about it I would just like to go on record to say I don't approve of the way this is written. I don't know how it should be but I don't approve of it. Town Commission Workshop Minutes July 31, 2012 Page 11 of 18 Vice Mayor Brown — Then why don't we come up with a recommendation on how to write it because that's what he wants us to do. The longer we delay it, the longer it will take to get it approved and on the books. Mayor Featherman — I think we have to go according to what we are talking about with the lawyer right now but we have to express our views. I accept and respect what you say even if you would be wrong and the same with you Lou because I believe you are doing it in an ethical and honorable way and I say this, we should not change things that much. If it is working and it doesn't need to be fixed let's not check it and if you look ahead ten years I don't know what's going to happen in ten years. Commissioner Stern — I don't need to look ahead ten years, Sir. We do need a new fire engine at eight hundred thousand dollars and we don't have one. Commissioner Sheridan — And we do need two repairs in Bel Lido that each one is five hundred thousand dollars on their water system, their pipes. Mayor Featherman — Well, that would be in your area Vice Mayor Brown. Vice Mayor Brown — Well that's in the Town of Highland Beach, Sir. I disagree with yours respectfully, not you and I am not arguing against you, I am arguing against your principle of saying five hundred thousand. So I think we need to come back and come up with some wording. Mayor Featherman — I have to go with Commissioner Trinley and put it on hold until we come to a better understanding on this. Commissioner Trinley — Also, I would like to remind you that the three hundred and fifty thousand dollars was put in the form of an ordinance in 1993. Vice Mayor Brown — I think we need to resolve this. I think we need to come up with some wording that is acceptable to the majority of the Commission, not just you Mayor. Mayor Featherman — Okay I make a motion that on Capital Expenditures .... Vice Mayor Brown — We can't make a motion this is a workshop. Mayor Featherman — Okay over one hundred thousand dollars it goes to referendum if you want something. Vice Maw Brown — You can't make a motion. Vice Mayor Brown — I would like to try to get some wording together with the Town Attorney that is agreeable to the majority of the Commissioners. Commissioner Trinley — Okay I have another quick question. Can anybody tell me what the vote was with the Charter Review members? Was it a solid everyone voting for this or was it broken down in some way? Vice Mayor Brown — The Town Attorney was at the meetings. He could answer that. Town Attorney Torcivia — I don't have my notes from that meeting but it is my recollection that there was discussion about seven percent; there was discussion about eight percent; there was discussion about unanimous Commission approval, for super majority Commission approval and ultimately this is what they recommended. This is kind of a compromise. Commissioner Trinley — I am asking what the vote was. Town Attorney Torcivia — I don't remember if it was 510. Town Clerk Brown — I think it was 3/2. Town Attorney Torcivia — I don't remember what the vote was. I know there was a lot of discussion back and forth and this was a compromise. Town Commission Workshop Minutes July 31, 2012 Page 12 of 18 Ron Clark — Good afternoon. I was Chair of this Committee. First of all you all appointed people who spent a lot of time looking at this. There was a lot of discussion in regards to this. The purpose of this, in all due respects Mr. Mayor, had nothing to do with any immediate projects that are out there. The seven percent was a compromise. This went from all the way to where remove this language altogether so that there is no referendum unless this Board of Commissioners votes to have something to go to referendum. This is the only community around here who has any language regarding spending at referendum whatsoever. You go up and down this coast this language does not exist. There is not a $350,000 limitation. There is not a $500,000 limitation. There is not a percentage limitation. So, there was a lot of effort looking at this from this group in this committee that was put together to study this item. A percentage was decided upon. A percentage was decided upon because it can be a moving target and does not lock somebody into a number ten years from now that would be locked in today, such as you are stuck with the $350,000 that was applied ten years ago. Consensus was with everybody at a 5/0 vote to come up with a percentage. Again we went from proposals of one to a ten percent proposal to a five percent proposal. We did agree and ended up at a seven percent, and the way the language was written, providing the Commission to have super majority powers to vote for things over and above before they get to referendum. This compromise, and it was a compromise, did end up with a 3/2 vote under the compromise. It is not because a 3/2 vote compromise and I don't want you to take it the wrong way. There were people who wanted more. The people under the two wanted more so this is a compromise to get to a certain level. The percentage is something the Committee was adamant about. Maintaining a percentage in a workable number was something the Committee was adamant about. Again, keep in mind this is the only community that has this limitation of referendum whatsoever. So, does that answer your question? Commissioner Trinley — Thank you Mr. Clark. Mayor Featherman — Will the lawyer please proceed with the other pages? Town Attorney Torcivia - At this point, and just in terms of next week's meeting, I am not sensing a consensus. Do I bring back anything on this section at all or nothing at all? Mayor Featherman — I don't like the idea of having a percentage. I would like to have a dollar amount in there. Vice Mayor Brown — We can vote on that next week. We can't vote on that this week. This is not approved by the Commission so I would move this to have a discussion next week so we could make some motions and get some votes on the wording for No. 30 under Funding Limitations. Town Attorney Torcivia — If it is okay with you Mr. Mayor and Commissioners, since we are going to be preparing two different ordinances, we will include this in there. You could always modify it or take it out as opposed to not having it in there at all. You can always tweak it next week when you are voting. You will have something to consider otherwise there is nothing on the table to consider. So if you want to have it on the table I will go with the Committee's language if that's okay and next week you can debate it and decide where you want to go with it. Commissioners and Mayor agreed. On the next page, Departments of the Town, the Committee recommended taking out that last sentence that said "each of the Commissioners shall have a special air of interest as designated or assigned by the Mayor and be available as an advisory role". I think the thought was that each of you is involved in all aspects of the Town and rather than saying one Commissioner is only involved in a certain aspect. Town Commission Workshop Minutes July 31, 2012 Page 13 of 18 The next one was the deletion of 3.04 because I think the Committee felt that there really is no reason to talk about suitable people performing these special extra duties. Now you have a professional staff and think this is a holdover from the days where Commissioners were more active in the day to day running of the Town. The next page, Article Four, this is suspensions and discharge of personnel and police powers. This area probably had the second most discussion after the funding limit we just talked about. The Town Manager has the authority and it was specified, to hire, evaluate and discipline in addition to suspending and discharging any employee of the Town. But then there are two exceptions, hiring or discharging of the Police Chief or the Town Clerk in accordance with the personnel rules. So if there is a vacancy for example in the position of Town Clerk, the Town Manager shall present to the Commission a rank list of up to five applicants for the position and the Town Commission retains the power to hire or discharge the Chief of Police and the Town Clerk either on its own initiative or to approve the recommendation of the Town Manager. Commissioner Trinlev — Will the Town's Rules and Regulations have to be changed to include that language about the Clerk? Town Attorney Torcivia — Depending on what you are doing here, we are in the midst of working on the personnel rules, and so depending on the direction you go here those rules will obviously reflect the Charter. So whichever way the Charter goes the rules will follow. Mayor Featherman — So in other words will those rules be changed? Attorney Torcivia — The rules we are working with the Town staff and we intend to be presenting to you, probably within the next thirty days, hopefully the next workshop, "proposed personnel rules". A lot of them are antiquated, some of them need to be updated and this is obviously just one small part of many pages of rules but we can't finalize the rules until we know which direction you are going on the Charter. These rules have to track your Charter. The next paragraph just deals in terms of the Mayor designated a current employee to act as interim Manager. If the Mayor were to suspend the Town Manager, until the next regular Council meeting or special meeting is called, it used to say "that the Mayor will designate the Town Clerk as the Manager". Now it simply says "the Mayor shall designate a current employee of the Town to act as interim Manager." It could be the Clerk. Commissioner Trinlev — Why, what was the reason for that change? Because it seems like having replacement in place is more to the benefit of the Town then waiting for someone to name someone. Attorney Torcivia — The Committee felt that the Mayor should have the discretion to pick the appropriate employee to serve as interim Town Manager. It might be the Town Clerk, the Police Chief, Public Works Director or it could be any employee. This is only an interim until the next meeting regular or a special meeting of the Town Council. Commissioner Trinlev — Okay I don't agree with that one either. Mayor Featherman — The only question I have is why it said "a current employee" instead of like we got our current Town Manager to come in on an interim basis. Why was that then a current employee within Highland Beach? Attorney Torcivia — I am not sure the reasoning of the Committee. Commissioner Stern — A timing factor. Attorney Torcivia — Exactly, this is only interim. For example; if the Mayor decides you are going to suspend the Town Manager and the next Town Commission meeting is two weeks away, for those two weeks, someone has got to be the interim Manager. It used to be that is was automatically the Town Clerk. Commissioner Trinlev — That would think to segue that business is taking care of as usual. There is someone already in place. Attorney Torcivia — That is the purpose of the consensus today. Commissioner Stern — It is only a suggestion to us Doris. We don't have to accept it. Commissioner Trinlev — It doesn't make good business sense to me. Town Commission Workshop Minutes July 31 2012 Page 14 of 18 Attorney Torcivia — The next page is kind of a continuation of what we just talked about with the Town Manager, the hiring, termination. This one deals specifically with the Police Chief. You remember the last one talked about up to five applicants for the Clerk. This one says the same thing for the Police Chief. The Town Manager will present a rank list of up to five qualified applicants for the position to the Commission. The Commission retains the power to terminate the employ of the Chief as long as you give proper notice to the Chief and it also talks about the Chief allowing to present evidence regarding his termination. Mayor Featherman — What is the present arrangement? Attorney Torcivia — Presently, the Chief of Police is subject to evaluation and discipline by the Town Manager but the termination and the hiring rest with the Commission. Town Manager Weiser — I think I was talking to the Chief about it this morning. They presented that the Town Manager presented the candidates to the Commission. They chose to do interviews too at the time our Chief was hired. Attorney Torcivia — No changes on the next page or the page after that. So the next page is 7.03 which is the Millage Limit. Currently the Town has a five mill cap. The State Law is ten mills for any Municipality but Highland Beach self -regulated and imposed a five mill cap. The Committee is recommending changing that to 7-1/2 mills. Vice Mayor Brown — Why don't we look at inserting by Florida Statute instead of requiring something different? Attorney Torcivia — In other words put ten mills. Vice Mayor Brown — No don't put ten mills just by Florida Statute. Then if Florida Statute changes we abide by what the Florida Statute is not by self -imposing something other than what the Florida Statute says. Mayor Featherman — Now that is ten mills right now. Is that correct? Vice Mayor Brown — It is right now. Mayor Featherman — If people understand it, then it is considerably more towards raising taxes if that millage goes in. Which, I am against by the way. Attorney Torcivia — Is there a consensus to simply say in accordance with Florida Statute? Commissioner Sheridan — I agree. Attorney Torcivia — So really the easiest way, frankly to do this, is to strike that whole section out because if there is no limitation mentioned then you automatically revert to Florida State Law. That is my first thought but I will study it a little more when I get back to the office and we can just strike that whole 7.03. Vice Mayor Brown — Yes I think you need to look at it close because this gives you leeway of the Bonds and all that not being included in there. Attorney Torcivia — That is why I want to look at it because I think the State Law covers all that but I will look at it and come up with the right language by the next week. The next page 9.03 — That's only dealing with lawsuits against the Town. This Charter actually did not comply with State Law because it said the only kind of suit against the Town can be under the 76828 and there is a whole host of laws dealing with how towns can get sued so we just inserted the words "other applicable law". And that was it. 7. MISCELLANEOUS — ITEMS LEFT OVER A) Minutes June 26, 2012 — Workshop Meeting. June 26, 2012 - Special Meeting July 17, 2012 — Special Budget Meeting Mayor Featherman stated that he had requested that a statement be read on his behalf at the July 17th Special meeting. Would like his comments read into the record: "I am so sorry that I cannot be with Town Commission Workshop Minutes July 31, 2012 Page 15 of 18 you today, for this special meeting. Unfortunately, before this was arranged, I had scheduled an important family even, in the northeastern part of the country. The meeting today is to consider setting a tentative millage rate for our town. I understand the need to be flexible in setting this rate, so that we can manage our budget process effectively. We can always lower the rate you agree on today, but cannot later raise it without notifying each tax payer via first class mail. Nonetheless, I urge my fellow commissioners to exercise caution at this difficult time in our economy. Many retired residents of our community are feeling the pinch of reduced interest rates and dividends, and many of our working residents are experiencing belt tightening in their business and professional lives. This is a time for us all to be as frugal as possible with our taxpayer's dollars. We can always raise our rates, if necessary, when the economy improves. Think about what you would like our federal government to be doing right now. We should act the same way we would want the federal government to act on its budget. Thank you for your attention to my concerns. I wish my fellow commissioners well, as you deal with a difficult problem. Consensus was to include the minutes on the next Regular Meeting Consent Agenda. 8. REPORTS — TOWN COMMISSION A) Commissioner Stern — I do have two things I would like to mention today. Each of the Commissioners including the Mayor received a memorandum, a letter, from our current Library Director Maria Suarez. I would like to respond to the letter she sent to us. It seems Ms. Suarez received a reprimand from our Town Manager Kathleen Weiser for which she was not very happy. Her letter to the Commission was to ask for relief of the reprimand but according to our Town Charter which we just went over again (4.01) the Town Manager has general supervision over all affairs and employees with the exception of the Police Chief and the Town Clerk. That said, I hope I have the support of this Commission to ask Mrs. Weiser to handle this situation without involving any of us in the Town Commission. I have a second. I would just like to thank the Town of Highland Beach for the opportunity that was given to me to attend the class along with Vice Mayor Ron Brown and I look forward to the second class that is coming up either this fall or next spring. It was very rewarding. I also would like to thank our Town Clerk Beverly Brown for making all the arrangements. She made our trip very pleasant. Thank you. B) Commissioner Sheridan — Just a brief comment on Commissioner Stem's remarks. I feel that every department head in the Town is totally responsible to our Town Manager and I see no reason why this should even come before this Commission at this point. She has full charge of these people and I think it should be handled on that level rather than bringing it to us. Thank you. C) Commissioner Trinley — No Report. D) Vice Mayor Brown - No Report. E) Mayor Featherman — I am going to say just a few remarks if I may. First of all I would like to congratulate our Commissioners, their views and they certainly are entitled to it and they work very Town Commission Workshop Minutes July 31, 2012 Page 16 of 18 hard. There is something that did come up and just recently. I had a call from somebody who works and lives and rents a condo and is a person that has voting rights for Highland Beach. She has lived here for two years with her fourteen year old child. They were denied being served until she paid a $15.00 license fee because the policy we have at the Library is rather unusual. If a person is not a taxpayer here and isn't registered here they cannot use the Library for take outs. Now when I spoke to the head Librarian she said that is the policy they have. I would like to change that policy. If somebody lives in our community, whether they rent or not and they have lived here several years, they vote here and they work here. That woman it so happens was a substitute teacher and works at The Holiday Inn. I think that for anybody, whether they are an owner or a renter for more than one year, should have a policy made here that we give them permission to use the Library. I would like that opened for discussion and see what you say on that. Commissioner Stern — I think what you are saying is a wonderful thing and I would like to see us put this on the agenda for the meeting next week. Mayor Featherman — Thank you very much. Is there anything else anybody would like to say on that? Commissioner Trinley — Yes, put it on the next agenda so we can vote on it. 9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: I think I said enough on the Charter. 10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER: Just one quick item. If you are all available after the meeting next Tuesday I would like to have a shade meeting to discuss the Union negotiations with our Police. They just had one reopener in their contract and we have met with them and would like to go over their request with you. So if you are available I would like to meet with you after the Commission meeting next Tuesday 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Carl Feldman, 3210 So. Ocean Blvd. — Funding limitations: If you remember a little history of funding limitations, the people should have a right. Now the last time this came up was when we wanted a new fire engine. We had funding limitations, the people voted against the fire engine for Town Commission Workshop Minutes July 31 2012 Page 17 of 18 whatever reason they didn't want it. I think the people in this Town have a right to have a say in the spending of things that we purchase or the things that we do. True, this funding limitation if went up to ten percent that's a lot. If it went up to five percent, that's a lot. That's not the point. The point is the people should have a say when we spend a lot of money for an item which they have done in the past. Now you want to change it. You want to raise it. They'll have no say whatsoever and I think the people in this Town should have the right to say what they want to spend their money for large proj ects. Gloria Tanenbaum — Seagate With regards to the Charter Review and how thrilled you are with it and for increasing the rate to ten percent for expenditures, the Vice Mayor keeps reiterating over and over we are talking about ten years from now. Does this mean that this will not affect us for at least ten years? If not you are absolutely incorrect in saying that this has nothing to do with the horrible ongoing problem we have in this country financially at this time as the Mayor is concerned about and rightfully so. Arlin Voress, 4403 Intracoastal Drive — I wish to tell you that I was head of a prior Charter Review Board before so I will tell you that there is one person sitting on your Commission right now that was on the Charter Review Board and another one who was an elected official that is no longer here, Miriam Zwick. If you look at the amount of money that should be in there which is the $350,000, we had the same kinds of discussions you are having today. In my opinion you should not limit what the Commission believes should be spent and I think to have a low number is not right. We should have a higher number and if you don't like it you should appear at these meetings and tell the Commission what you think. I don't think you should use the Charter Review to say okay it shouldn't be $350,000. I would make it much higher $750,000 as you want a number. But I think you want to speak to your Commission and the people of this Town should speak to the Commission and say what they want to do. I don't think that relying on a number in the Charter Review Board is the right place to argue all of these things. That's all I would like to say. Anita Pearlman — 2352 S. Ocean Blvd. I just want to speak as someone who will probably be here in ten years and paying taxes in ten years and I would like to thank the Commission and everybody who has worked so hard on this Charter because I remember when they gave out the little survey for what do you want in the new Town Charter. My only comment is I moved here fifteen years ago because Highland Beach is unique. We have a community that is very involved with their government. We have a community that cares so much and we have a community of really smart people, really accomplished retirees, so much more talent than most communities. There is actually nothing wrong in our Charter, nothing wrong than being different from Boca. There is nothing wrong with having the ability to have a referendum. That's precious, that's a precious gift. We don't want to give the power of the purse to four individuals, we just don't. But, we do trust our leaders and as we go forward with the Charter I would just encourage everyone to keep it open and keep us unique. Keep in that Charter the ability for us to govern ourselves and not have to like so many communities across our country are hiring managers to take over their whole town. You know that is happening, I know that's happening. Highland Beach needs to stay Highland Beach or else let's just incorporate with Delray. That's all I have to say and thank you again. Town Commission Workshop Minutes July 31 2012 Page 18 of 18 Mayor Featherman - You really have taken my words in mind because that's true. We want the people to have a part of this town. We have the brightest people, the smartest people and people that care. I care and I work very hard because it is not work to me. I love it and am doing it because I don't work when I put in ten to twelve hours a day. Thank you again for coming. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 3:05 PM upon a MOTION by Commissioner Sheridan and seconded by Commissioner Stern. APPROVED: A Bernard Featherman, Mayor A Ron rown, Vice Mayo Dennis J. Shen-ddn, Co issioner is Stern, t`6`rvdhi4sioner TTEST: B verly M. rown, MMC to