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2012.08.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, August 7, 2012 1.30 PM Mayor Bernard Featherman called the Regular Meeting to order in Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor 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; Chief of Police Craig Hartmann; Finance Director Cale Curtis; Public Works Director Jack Lee; 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 REOUESTS Carl Feldman — 3210 S. Ocean Blvd. We have had some pie in the sky requests from this Commission over the past few months. The first proposal was to install a new concrete sidewalk from the north end of the town to the south end with a price tag of over a million dollars. The Commission agreed to resurface the existing asphalt at a cost of $65,000. The second proposal was for a pay increase for our Town Manager who, I say definitely should get a raise in pay and deserves a raise in pay but not the five percent max that was requested. The Town Manager came aboard as a temporary interim manager at an approximate salary of $6,000 a month. Then when the Manager was voted a full time permanent Manager the salary was raised to $125,000 with a very generous benefit package. Now after one Town Commission Regular Minutes August 7, 2012 Page 2 of 21 year a five percent increase could set a very bad precedent for the rest of the town employees that had been working for this town for many years and might not receive the five percent raise. The Commissioners voted to negotiate a 3.8 percent increase by averaging the low to the high percentage suggested by the Commissioners. This past month the Commissioners proposed to rebuild the Town Hall for a price tag of $750,000 in the beginning which could go over a million. What we will be getting is the Town Hall resituated. The Chambers will be in the front of the building, the Police Department will be in the back of the building. In the Town Chambers we will not be getting any additional seating. In the Police Department we will have a few more offices but the meat and guts of the Town they are not doing anything to: the Town Manager's Office, the Conference Room, the Finance Director, the Assistant to the Town Manager, the Finance Dept., the lounges, the Commissioners' room, the Town Clerk, the Mayor, the Reception area in the Clerk's and the lobby. What are we gaining, actually we are going backwards. They are not even doing the main part that the Town really uses. As a member of the Planning Board we were asked to contact the taxpayers of the town for input on a five year strategic plan for Highland Beach. I visited and spoke with many people in Highland Beach. Their first concern was a safe AIA regarding bicycle traffic. General consensus is that it is not safe to cross A 1 A or drive on A I A while the bicycle packs are on the road. The second item was general beautification of our Town; landscaping, etc. The third item was safe walking paths, eliminating holes, dips, large cracks, or just re -surfacing of the asphalt. The fourth item was keeping the beaches pristine and the last was new signage at both ends of the Town. No one requested raising the mill rate five to ten percent. No one requested a rebuild of the Town Hall, no one requested a tax increase which brings us to today's agenda regarding the Town Charter. I agree with all the proposals except two: one that would change the cap on the mill rate from five to ten percent and the other that would raise the spending limit from $350,000 to a new figure based on five to ten percent of the Town Budget or eliminate the spending cap completely. The Chairman of the Charter Committee noted to us last week that we are one of the few towns that does have a spending cap. The Town Attorney stated that the ten percent cap on the mill rate is accepted by Palm Beach County. As Anita Pearlman said last week, Highland Beach is a unique town. That is why most of us moved here. I would like to add we are a unique and quaint town and more like a village than a town. We don't have to run Highland Beach like our neighbors. Before any changes are made to the ten year Charter I would ask that the Town have a referendum on these two items of raising the mill cap to ten percent and raising the spending limits or eliminating them altogether. The taxpayers of Highland Beach should have a say in these matters. It is very easy to spend other people's money. A vote by three Commissioners could bankrupt this town in the next ten years. The taxpayers' voices should be heard. No taxation without representation. I repeat again, it is easy to spend other people's money and the taxpayers should have a voice and be heard. Thank you. Paul Resnick of Boca Highlands — I hope my comments aren't out of order. I received some information today and I have no idea whether it is correct or not but the information I received was that the proposed budget, and I have not looked at the proposed budget, includes a twenty percent decrease in the budget for the Library. I don't know whether it is correct or not but if there is anything like that in the budget I would urge the Town Council not allowing a twenty percent budget cut for the Library. As a resident of seven years I consider the Library one of our most important or, I am trying to think of the correct adjective because I really wasn't prepared to come Town Commission Regular Minutes August 7, 2012 Page 3 of 21 on short notice like this, but I think it is an asset that is really important to the citizens and we built a magnificent facility and we should support it. Thank you. 3. PRESENTATIONS None 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Read into the Record C) Board Vacancies: Lthly Board of Adjustment & Appeals — One Appointment D) Board Meetings • Town Commission Budget Workshop — August 7t' — 4:30 PM • Planning Board — August 8t' - Cancelled • Beaches & Shores Advisory Board — August 14'`- Cancelled ■ Code Enforcement Board — August 15th - Cancelled • Financial Advisory Board — August 20th — 9:30 AM ■ Bd. Of Adjustment — August 20th — Cancelled ■ Town Commission Workshop — August 21 st — 1:30 PM — If Needed 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 12-002 O — FIRST READING 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 6-126, "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 Town Commission Regular Minutes August 7, 2012 Page 4 of 21 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. Discussion: None MOTION: Commissioner Sheridan moved to approve Ordinance No. 12-002 O on First Reading; motion seconded by Commissioner Stern. ROLL CALL: Commissioner Sheridan Yes Commissioner Stern Yes Commissioner Trinley Yes Vice Mayor Brown Yes Mayor Featherman Yes Motion passed with 5 - 0 vote. B) ORDINANCE NO. 12-003 O — FIRST READING AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUBMITTING TO REFERENDUM AMENDMENTS TO THE TOWN OF HIGHLAND BEACH TOWN CHARTER; AMENDING ARTICLE I "GENERAL PROVISIONS", SECTION 1.05 "CORPORATE AUTHORITY IN GENERAL" TO CORRECT GRAMMATICAL ERROR AND TO PROVIDE FOR INTERNAL CONSISTENCY; AMENDING SECTION 1.06 "TOWN COMMISSION CREATED; ELECTION; TERMS; TOWN CLERK; QUALIFICATION OF ELECTORS; GENERAL ELECTION LAW" TO CLARIFY TERM LIMITS FOR MAYOR, VICE MAYOR AND COMMISSIONER AND TO REMOVE PRECINCT NUMBERS; AMENDING SECTION 1.07 TO PROVIDE COMMISSION DISCRETION IN HOLDING MONTHLY MEETINGS; AMENDING ARTICLE II "MUNICIPAL POWERS", SECTION 2.01 "ENUMERATION OF POWERS", SUBSECTION (7) "LAND CLEARANCE" TO INCLUDE OVERGROWTH AND SUBSECTION (25) "LITTERING PROHIBITED" TO INCLUDE PUBLIC AND PRIVATE BEACHES; AMENDING ARTICLE III "MUNICIPAL ORGANIZATION AND OFFICERS", SECTION 3.03 "DEPARTMENTS OF TOWN" TO REMOVE SPECIAL AREA OF INTEREST AND ADVISORY ROLES OF COMMISSIONERS; REPEALING SECTION 3.04 "COMMISSIONERS MAY HOLD TOWN OFFICE; PERSONNEL" REMOVING COMMISSIONERS ABILITY TO WORK FOR TOWN; AMENDING ARTICLE IV "SUSPENSION AND DISCHARGE OF PERSONNEL; POLICE POWERS", SECTION 4.01 "TOWN MANAGER" TO CLARIFY Town Commission Regular Minutes August 7, 2012 Page 5 of 21 THE TOWN MANAGER'S HIRING, EVALUATION, DISCIPLINE AND DISCHARGE POWERS, PROVIDING COMMISSION AUTHORITY TO HIRE AND DISCHARGE POLICE CHIEF AND TOWN CLERK, AND PROVIDING FOR THE FILLING OF VACANCY IN THE POSITION OF TOWN CLERK AND POLICE CHIEF; AMENDING SECTION 4.02 "MAYOR" PROVIDING FOR THE MAYOR'S DESIGNATION OF INTERIM MANAGER; AMENDING SECTION 4.03 "CHIEF OF POLICE, EMPLOYMENT; CHIEF OF POLICE AND POLICE OFFICERS' DUTIES; POWER OF ARREST; DUTIES" PROVIDING FOR FILLING VACANCY IN POSITION OF POLICE CHIEF AND TERMINATION OF THE POLICE CHIEF; AMENDING ARTICLE IX "MISCELLANEOUS", SECTION 9.03 "LIMITATION ON LEGAL ACTION AGAINST TOWN; NOTICE OF ACTION" ADDING LANGUAGE FOR THE APPLICABILITY OF OTHER LAWS; ESTABLISHING THE DATE OF MARCH 12, 2013, FOR THE REFERENDUM; PROVIDING A BALLOT TITLE AND QUESTION; PROVIDING FOR NOTICE AND ADVERTISING OF THE REFERENDUM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 12-003 O, title only, into the record. Discussion: Mayor Featherman — I would like to say that I believe the group that worked on amending the Town Charter did a fine job, bringing the Charter up to date and revising some of the language to make it clearer, or more useful to us, as we try to represent the residents of our community. For the most part, I approve of these changes listed in this Ordinance, or am not opposed to them. There are several points I will make later, about another ordinance. In general, I think our residents who vote here should be given solid and clear explanations of the reasons for each of the proposed changes, in each of the ordinances. Legal language is not always easy to untangle for its meanings and potential risks. We should do as good a job as possible in explaining each change. Once the Commission has approved the changes, or possibly modified some of them, all of them must go to our voters for their approval. This will assure those of you who are residents of Florida, and pay the taxes to support this community, that you will have the final say on any Charter changes. Commissioner Sheridan — I just noticed on the top of the first reading of this ordinance that it is submitted to referendum immediately anyway. So, all these changes have to go before the public anyway. Town Clerk Brown — I have a couple of comments. In the Title Qualification is spelled, it should be "Qualification"s with an "s". Under Section 3.03 it should be "Departments of the Town". On Page 5 Section 1.06 Town Commission Created Election; Terms; Town Clerk; it should be "Qualifications of Electors". On Page 6 Section 1.06 (6) is underlined it should not be underlined because it already exists in our present Charter. On Page 10 it refers to the referendum election to be held the 6t' day of November 2012. We are not going to be able to make that date because the Town Commission Regular Minutes August 7, 2012 Page 6 of 21 Supervisor of Election requires the question to her next week which we cannot do, so that date will be changed to the 12'b of March 2013. Mayor Featherman — But we do have a referendum scheduled? Town Attorney Torcivia — No we go with March 12, 2013. The reason is the cost. In talking with Beverly, if we put it on this election it will cost the Town about $3,000 and if we put it on in March there is no additional cost. Mayor Featherman — We do have a concern that the residents do get an opportunity to vote on this because we do have other things that are pending. Town Attorney Torcivia — So this will give it to them. The referendum question will be voted on at the March 12, 2013 election, and people will have plenty of opportunity to get educated on it. Mayor Featherman — So in other words we cannot do any alterations or repairs or anything until March. Town Attorney Torcivia — No, this one has nothing to do with that. This is, I guess I will almost call this the clean-up ordinance; Charter change. The only real substance that you all discussed had to do with the Town Clerk and the Police Chief and their reporting relationship. Other than that I think it is fair to call all of this cleaning up and tightening up the language but these provisions have to go to referendum, so this one is going to referendum. Then there were three more that as they are currently proposed did not. I guess when we get to those we can discuss that. This one is the only one that goes to referendum. MOTION: Vice Mayor Brown moved to approve Ordinance No. 12-003 O on First Reading; motion 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 5 - 0 vote. C) ORDINANCE NO. 12-004 O — FIRST READING AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CHARTER AT ARTICLE I "GENERAL PROVISIONS", SECTION 1.06 "TOWN COMMISSION CREATED; ELECTION; TERMS; TOWN CLERK; Town Commission Regular Minutes August 7, 2012 Page 7 of 21 QUALIFICATIONS OF ELECTORS; GENERAL ELECTION LAW", SUBSECTION (4) TO SUBJECT THE TOWN CLERK TO THE TOWN'S PERSONNEL RULES AND REGULATIONS AND SUBSECTION (8) TO CLARIFY THAT THE COMMISSION IS RESPONSIBLE FOR THE CERTIFICATION OF ELECTION RESULTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 12-004 O, title only, into the record Discussion: Town Attorney Torcivia — As I have explained before, there are two ways to make Charters. One is by referendum and one is by ordinance by the Commission. The first ordinance that you approved today puts all in one ordinance everything that goes to referendum because you are allowed to put as many topics as you want because it is dealing with a Charter amendment. These other three, you notice they are all very thin, because each one breaks it down by section because there is a state law that an ordinance can only cover one subject. We had an internal debate over whether one subject is the Charter or whether one subject is a particular section of the Charter. I would rather be cautious, especially when you are dealing with the Charter, so we broke it up into three separate ordinances but they are all in accordance with last week's workshop meeting. Mayor Featherman — Does that mean that there is no referendum on this Charter? Town Attorney Torcivia — The first ordinance that you just passed already, that all has to go to referendum. These next three do not have to go to referendum. They simply can be adopted by the Commission by ordinance. Commissioner Sheridan — If I recall it was the Supervisor of Elections that verified this voting result previously. Is that not true? Attorney Torcivia - On this particular ordinance in general, yes. The Supervisor of Elections would do a certification and this one in subsection 8 says that you as the Commission perform the certification. The Supervisor still does all the testing. Commissioner Sheridan — We don't have to wait for her decision. We can make that decision. Attorney Torcivia — Once she gives you the results, once she says Mr. Jones has 100 votes and Mr. Smith has 99 votes, you then can certify it and don't have to wait. Mayor Featherman — I do have to say something about Ordinance No. 12-004 O. I support this ordinance but note that it does not mention that it must go to referendum. I move that such language, as is contained in the previous ordinance, be added. Commissioners Sheridan, Trinley, Stern and Vice Mayor Brown all stated that a referendum was not necessary. MOTION: Vice Mayor Brown moved to approve Ordinance No. 12-004 O on First Reading; motion seconded by Commissioner Sheridan. Town Commission Regular Minutes August 7, 2012 Page 8 of 21 ROLL CALL: Vice Mayor Brown Yes Commissioner Sheridan Yes Commissioner Stern Yes Commissioner Trinley Yes Mayor Featherman No Motion passed with 4 - 1 vote. D) ORDINANCE NO. 12-005 O — FIRST READING AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CHARTER AT ARTICLE II "MUNICIPAL POWERS", SECTION 2.01 "ENUMERATION OF POWERS", SUBSECTION (11) TO LIMIT THE PROVISION AND REGULATION OF CABLE, TELECOMMUNICATIONS AND ELECTRONIC SERVICES TO WITHIN THE TOWN AND IN ACCORDANCE WITH LAW AND AMENDING SUBSECTION (30) REGARDING FUNDING LIMITATIONS TO REQUIRE COMMISSION APPROVAL OF TOWN PROJECTS DEPENDING UPON THE COST OF THE PROJECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 12-005 O, title only, into the record. Discussion: Town Attorney Torcivia — The primary section that is being amended here relates to 2.01(30) which is the funding limitation and as Chairman Ron Clark of the Charter Committee explained last week, very few towns have this type of funding limitation, any type of funding limitation. Basically the Commission decides how much they are going to spend on any particular project. Highland Beach, at some point in the past, adopted by ordinance an amendment to the Charter that put a $350,000 cap on any particular expenditure without going to referendum. What the Committee recommended is changing that cap to seven percent of the General Fund Budget. So, to illustrate the General Fund Budget, this year is approximately ten million dollars so seven percent would be approximately $700,000 by a vote of four. So if four Commissioners voted to proceed with the project that was up to seven percent of the budget it would move forward. Any project that would go to ten percent or more, so in this case one million dollars, would require either the unanimous vote of this entire Commission or a referendum; one or the other. That is what their proposal was and that was what we were discussing last meeting as the Mayor said. Town Commission Regular Minutes August 7, 2012 Page 9 of 21 Vice Mayor Brown — I think you kind of misstated it there because up to seven percent only requires a majority. Attorney Torcivia — That's true. I'm sorry. Up to seven percent is a majority. Between seven and ten it is a vote of the four out of five of the Commissioners. Commissioner Sheridan — I would like to make a statement regarding our percentages over the past time and what we are facing in the future. After doing a little research, back in 1993 our town budget was approximately 3.4 million dollars and the Charter ceiling before referendum was $350,000 or approximately ten percent of that budget. In 2012 our budget is approximately $10,100,000 and the allowable rate for the Commission to spend before referendum is $350,000 or three and one-half percent of our budget. Needless to say in these economic times this figure is antiquated and must be raised to the current times as well as for the future. After many hours of research and discussion, the Charter Review Board recommended a total of seven percent of the operating budget, up to ten percent before going to referendum. May I repeat myself and clarify the fact that the raising, if it is done, of any millage rate has only to do with balancing our budget and there is no connection with any capital improvements to be made here in the town. Commissioner Stern — I also have a statement I would like to make. The Commission is extremely beholding to the Charter Review Board for their input and their extreme concerns for the most minuet details in making their recommendation to the Commission for possible changes to the Town Charter which has not been revised in ten years. It was a discovery of the Charter Review Board that there were no towns in our nearby vicinity that had any restriction in their Charter for funding limitation. It must be the feeling of these other towns that the constituents of these towns have confidence in their elected officials. MOTION: Commissioner Stern moved to eliminate, in its entirety, Item 30-Article 2 of Section 2.01. motion seconded by Vice Mayor Brown. Discussion: Commissioner Trinley — I repeat what I said last week. Maybe other municipalities do not have this in their Charter but this could be one of the things that make our town unique. I think it is incumbent upon us to let the people decide if they want a dollar amount or a percentage amount. They are not stupid. They know that we are going to have capital expenditures they are willing to maintain but let's give them a choice. Vice Mayor Brown — I also did some research about the 1992 budget and at that time we set the $350,000 that was ten percent. So that's the way they set it at the beginning and I back one hundred percent doing away with it and align ourselves with the other towns in our vicinity. Mayor Featherman — This Ordinance, No. 12-005 O, contains language that would allow this Commission to approve expenditures of double, and more than double, the dollars we are presently allowed to approve, without consent by the voters of Highland Beach. Now, I understand that the present limit, $350,000 dollars, was approved ten years ago, and that the cost of living has increased since then. The proposed change would allow the Commission with 4 out of 5 votes, to approve expenditures of up to three quarters of a million dollars to be made without voter approval and expenditures of up to one million dollars to be made by the Commissioners, if Town Commission Regular Minutes August 7, 2012 Page 10 of 21 they have a unanimous vote. I do not want to erode the voting rights of our community and I feel strongly that in this time of really bad economic conditions in which so many Highland Beach residents are feeling the pinch of low interest rates and declines in the value of their property, we should be conservative in our fiscal decisions. Most of us, when we get in public positions, want to be good guys and be supportive of public expenditures. That is why our federal government, and most state and local governments are seriously in debt. We are not, but we also don't want to take a chance on shortfalls down the road when our nation's economic future is so uncertain. I am personally amenable to changing the amount that the Commissioners can approve to $500,000 but do not support anything beyond that. Furthermore, once more, I move that the language requiring this to be submitted to the voters for their approval be added by referendum. Vice Mayor Brown — I would like to make a statement if I could. The spending limitation was set in 1993. That is twenty years ago, so the amount of inflation is double since 2003. Mayor Featherman — I am going by ten years ago when we had $350,000 based on $10,500,000 operating. If you notice today our operations as far as the budget are lower because we have had a drop in values of our real estate, where we are getting our monies to run our government, and therefore that is my opinion that we should be balance fair and responsible to our community, orientated views that we protect our residents and that would protect our residents. Commissioner Sheridan — I believe you said that 3-1/2 percent was based on a budget of ten million dollars at that time. That is not correct. Mayor Featherman — I didn't say 3-1/2 percent, Sir. I said it was $350,000. Commissioner Sheridan — I am sorry, on a budget of ten. Mayor Featherman — Based on approximately $10,500,000 or thereabouts in ten years ago. Commissioner Sheridan — Did we have a budget of ten million dollars ten years ago? It's ten million now not then. Mayor Featherman — What is our budget ten years ago? Finance Director Curtis — Our budget this year is 10.1 million. Ten years ago I am going to say it wasn't 10.5 million. I can do research real fast and get back to you with a number if you like. Mayor Featherman — I would like to have that number because I was under the understanding that. Vice Mayor Brown — I have the number from 1992/93 in front of me. Mayor Featherman — I am not talking about `93 I am talking about ten years ago that we had a budget set where it was $350,000 not twenty years ago or fifty years ago, ten years ago was our last Charter and we have to go by the last Charter. Vice Mayor Brown — I was going by the Charter when they set the $350,000. Mayor Featherman- That isn't what I said. I said ten years ago and that's when the Charter was approved for $350,000. We are facing very difficult times economically now. We have a very down economy. We don't know what the taxes will be, but they will be raised on either party after the elections in November. We don't know what is going to happen here to the retired people who are living on a set amount of monies where their income is affected by interest re - numeration and therefore, I believe we have to do this in accordance to protect our residents. Vice Mayor Brown — And according to Roberts Rules of Order, I would like to call the question if I could, please. Mayor Featherman — The question has been called. Commissioner Sheridan — Yes. Commissioner Stern — Yes. Commissioner Trinley - What's the question? Mayor Town Commission Regular Minutes August 7, 2012 Page 11 of 21 Featherman — The question is to call it and I said we should have a referendum... Vice Mayor Brown — No, that isn't the question at all. Will you restate your motion? Commissioner Stern — I made a motion and it was seconded. It had been called to question. I would like to make a motion that today this Commission of Highland Beach eliminates in its entirety, Item 30, Article 2 of Section 2.01. Mayor Featherman — Will you kindly read what Section: 2.01 says so that our residents here can understand. Attorney Torcivia — (Reading Section: 2.01) — Funding Limitation currently reads "Any single project or accumulation of projects or extension of town services requiring an allocation of more than $350,000 in any given fiscal year, shall not be funded until the purposes and announce of such allocations shall first have been approved by a majority of votes cast in an election by qualified electors residing in the Town." Mayor Featherman — So this gentleman wants to have the referendum removed. Is that correct? Attorney Torcivia — No, I think this motion is to eliminate all of paragraph 30, which means that the $350,000 limit is gone. It would eliminate that limit. Commissioner Stern — That is correct. There will be no cap. There will be no funding limitation. Commissioner Trinley — Okay, now I can answer the question. No! Vice Mayor Brown — Yes. Mayor Featherman — No. ROLL CALL: Commissioner Stern - Yes Commissioner Sheridan - Yes Commission Trinley - No Vice Mayor Brown - Yes Mayor Featherman - No Motion passed with a 3-2 vote. Town Clerk Brown — Could we have a motion to approve Ordinance No. 12-005 O on First Reading? MOTION: Vice Mayor Brown moved to approve Ordinance No. 12-005 O on First Reading; motion seconded by Commissioner Stern. Commissioner Trinlev — Didn't we just do this eliminating the section? Attorney Torcivia — If I could explain. You all voted on that one section 30 but the ordinance itself has a little bit other in it. The Clerk was looking for a motion to move forward for the first reading of the entire ordinance not just that one section. Commissioner Trinley — Okay. No. Mayor Featherman — No for me. However, I would like to make a statement on that. Clerk Brown — We haven't voted yet. Mayor Featherman — I thought you fellows all voted as a block here. Vice Mayor Brown — We didn't vote as a block. Commissioner Sheridan — I voted yes. Commissioner Stern — I voted yes. Vice Mayor Brown — I voted yes. Mayor Featherman (Pointing to Commissioner Trinley) and you voted no and I voted no on this. Commissioner Sheridan — And I guess you voted on a block no. Town Commission Regular Minutes August 7, 2012 Page 12 of 21 Mayor Featherman — I would like to say this and that was uncalled for to make a statement like that because we don't vote on a block here. We have quotes to build renovations of our Police Dept. and our Town Hall. We have not included costs of AV; I believe it is called because I saw that on the bottom. There was no quote on that; there was no quote on furniture; there was no quote on computers not only here but in the Police Dept. Do we have a quote for renovations to include all costs or just block it off to various costs? I believe you have to look at all costs when you quote something or people would feel there is something going on. They are pushing something that they shouldn't. Commissioner Sheridan — I believe that will come under the budget, Mayor. That has nothing to do with now. Mayor Featherman — That has something to do with the ordinance. Town Clerk Brown — No it doesn't. We are going over Charter Review and we are going over the Charter amendments that they recommended. What you are talking about is the budget so when it comes up in the budget that is the appropriate time for you to comment. Mayor Featherman — Well it should go into the budget. If people vote on one thing and they are not covering all the costs they should include everything. Is that correct, in the budget? Clerk Brown — Your statement is in relationship to the budget. Right now we are just dealing with ordinances in the Charter Review Board. Mayor Featherman — Okay you have my no vote. ROLL CALL: Vice Mayor Brown - Yes Commissioner Stern - Yes Commissioner Sheridan - Yes Commissioner Trinley - No Mayor Featherman - No Motion passed with a 3-2 vote. E) ORDINANCE NO. 12-006 O — FIRST READING AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CHARTER AT ARTICLE VII "REVENUE AND TAXATION", SECTION 7.03 "ANNUAL MILLAGE LIMIT" TO ESTABLISH THE "NOT TO EXCEED" LIMIT ON THE MILLAGE RATE AT 10 MILLS, AS SET BY FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 12-006 O, title only, into the record. Town Commission Regular Minutes August 7, 2012 Page 13 of 21 Discussion: Attorney Torcivia — This is the provision that would change the millage cap from five mills which is in your Charter now to ten mills which would match state law. Commissioner Stern — I have some comments on that. Based upon the number of articles that I have been able to cut out over the last few weeks, there are a number of towns that are upwards near the ten percent limit, some at seven; some at six; some at eight at their millage rates. Some are at five, some are at four. So if it is up to ten percent permitted by the State that is why we had sort of approved, at our last get together, that we would allow ourselves to go to ten percent if necessary and just have it available to us. Commissioner Trinley — If it is a Florida Statute why is it absolutely necessary to include this in the Charter. Attorney Torcivia — That is a good question. I am not sure why years ago someone decided to put it in the Charter. Years ago the Charter of Highland Beach restricted Highland Beach to fifty percent of what the state laws provided. I know that state law has been that ten mills at least since 1973. It's been ten mills as long as I've known for all cities in the state unless that particular city or town has self- imposed a further limitation. Highland Beach at some point imposed five mills. Commissioner Trinley — Where is the section that says five mills in our Charter? Attorney Torcivia — It is 7.03. It says not to exceed five mills. I think the proposal is just to increase it to match the state law. Commissioner Stern — When we are done with today's budget, we will definitely not be over five mills again for the new budget. Mayor Featherman — I have something to say about Ordinance No. 12-006 O. Since approval of this ordinance would allow us to double the present millage rate, if we wished, I move that this ordinance should go to our voters for their approval with a referendum. Is there a motion? You fellows are again voting not to have a motion. Is that correct? All right, you know my thoughts on that and we will then call the question. The question has been called. Vice Mayor Brown — What was the question? Clerk Brown — We don't have a motion yet. MOTION: Vice Mayor Brown moved to approve Ordinance No. 12-005 O on First Reading; motion seconded by Commissioner Sheridan. ROLL CALL: Vice Mayor Brown Yes Commissioner Sheridan Yes Commissioner Stern Yes Commissioner Trinley Yes Mayor Featherman No Motion passed with a 4 -1 vote. Town Commission Regular Minutes August 7, 2012 Page 14 of 21 6. NEW BUSINESS A) Commission Review of Library Card Policy. Mayor Featherman - I asked that this be put on the agenda after a resident came to complain about the Library Card Policy. That resident is a resident of Highland Beach; voter registered for Highland Beach, has lived here for several years, rents a condo, has a daughter 14 years old and wants to use the Library without charge. And yet, there is a charge for anybody who comes to the Library who is not an owner of a condo or a home. Now when they rent that condo, the taxpayer pays that fee anyhow so I don't see why we should penalize people who want to use our Library because we have had a policy in the past. Now this has occurred several times. The Library has been very nice on one of them where they permitted them, a man and a wife. This one is a woman in her thirties. She is a temporary school teacher and she works in Highland Beach as well and wants to know why she has to pay and should she pay. I bring this up to the Commission so that we can know whether we should charge people who are living here, who are taxpayers and have the right to services not to be charged. Commissioner Stern — If I may Mr. Mayor, I have also had similar complaints from people who rent here for three or four months during the season and have to pay $35.00 for half a year, your friend pays $50.00 for twelve months. I don't think it is a fair charge since we have a very large line item budget for the Library. We are already supporting the Library to a very major degree out of our budget. I think anybody that is in this Town should have the privilege of our Library, the use of the Library at no charge and anyone out of the area, Delray/Boca should have to pay. That would be my feelings. Commissioner Sheridan — I agree but how would you monitor these people and what proof would you need Mayor for their residence here. Mayor Featherman — I think they would have to show that they are voters in our community. Commissioner Stern — You don't have to be a voter, just have a lease. Mayor Featherman — Or show a lease. Vice Mayor Brown — My wife went up to Palm Beach County to try to join their Library up there and they looked up where she lived and said "you have a Library and you are welcome to join if you pay an $85.00 fee." That's because we have our own Library. We support our Library with tax funds from each of us that pay their tax and I think that the current policy that was adopted in 1995 is clear cut and goes along with most Libraries in the area. So I am in favor of maintaining what we have because the renters are not taxpayers. Commissioner Trinley — I agree with Vice Mayor Brown. Commissioner Sheridan — Mayor, one other thing, we do have the Director of the Library here. Can we get her view point on that? Mayor Featherman — She has been following our policies that we set here and I certainly would be happy to have her say something but we set the policies and then the Library has been following it all these years. Commissioner Sheridan — I understand but does she have an input that she would suggest some type of a change. Commissioner Stern — The Town Commission Regular Minutes Aueust 7, 2012 Page 15 of 21 only thing that I might like to know from the Librarian is the numbers of cards that she issues at $35 and $50. I would like to know what that contributes to our town. Library Director Maria Suarez — Currently we have 140 renters which give the town around $700. We charge the renters because they do not pay taxes. And a three month renter, as one of you mentioned, won't pay taxes and won't vote here either. We require their lease to determine whether they are going to be here three months, six months or a year. Exceptions can be made but I think it is a fair policy and that is my personal opinion. Are there any questions? Commissioner Stern — I have no questions. The only comment I have is that a renter is paying their fee, if they will, to rent the apartment to someone who has already paid the tax. The taxes are being paid on that premise by the monthly rent. Library Director Suarez — That is correct. But let's say an owner is here six months of the year an_d six months of the year a renter is here in that same apartment. The owner is paying for the taxes. It's the owner who pays the taxes, not the renter. Of course I will abide by anything you decide. Commissioner Stern — I'm thinking the $700 is not going to make a difference. Directory Suarez — Absolutely. Commissioner Stern — That's my view. MOTION: Vice Mayor Brown moved to approve the Highland Beach Library Card Policy adopted in 1995 as published; seconded by Commissioner Trinley. Discussion: Commissioner Sheridan asked for a clarification of the policy before voting. Town Manager Weiser — The policy is under your No. 6. If you are here for six months you pay $35, if you are a twelve month renter you pay $50; if you are a non-resident you pay $75. Commissioner Sheridan — I agree with the policy. Mayor Featherman — I vote no. I believe that we should have an opportunity for people who live here, vote here and pay rent here with a copy of the lease to have the opportunity to use our Library. ROLL CALL: Vice Mayor Brown Yes Commissioner Trinley Yes Commissioner Stern No Commissioner Sheridan Yes Mayor Featherman No Motion passed with a 3-2 vote. 7. MISCELLANEOUS — ITEMS LEFT OVER: None Town Commission Regular Minutes August 7, 2012 Page 16 of 21 8. REPORTS — TOWN COMMISSION: A) Commissioner Louis P. Stern — No Report. B) Commissioner Dennis J. Sheridan — No Report. C) Commissioner Doris J. Trinley — No Report. D) Vice Mayor Ron Brown — No Report. E) Mayor Bernard Featherman — I would like to bring out something that I got a letter from one of our condos and it reads as follows: "I hope this letter finds you in good health and you are not taking too much abuse regarding the need to raise taxes for the Town of Highland Beach. You are probably aware that Seagate is one of many condominiums along the Intracoastal that suffers from the wakes of large boats speeding through the Intracoastal Waterway. We are now working on our second major repair of boat docks last month. I am sure you discussed this matter numerous times. Do we have any recourse? Are we stuck with a problem that has no solution? Whatever comments or advice you can offer would be greatly appreciated." I know that Commissioner Stern has brought this up in the past that we have had this over the years, the same problem, and nothing has been done on it. I would like to open this up to our Commissioners to ask them for their suggestions. Commissioner Stern — I was hopeful of having some good news for you today because we have been working with the City of Boca Raton who does have two boats on the water and does come to the Spanish River Bridge and half of the waterway north of them is Boca Raton. The Deputy Mayor was for it; she went to her people and they initially said they were for it. But, now that they have completed their budget, and they have problems like we have, we are not so sure that they are going to have a situation where they are going to have any boats on the water at all. So we are in a situation now to wait and see if they have boats. So at this moment we don't have an immediate solution and having been to enough Fish and Wildlife meetings I do know that they have no concern whatsoever for damage done to seawalls. If there is personal injury they will get involved, but not if there is no personal injury and I have been to the Police Dept. and the Police Dept. has no record of anybody filing a complaint of anybody being hurt in the last three years in our waters. Unfortunately for Seagate and unfortunately for Boca Raton's budget, I have no good solution for you today. I wish I had good news. Commissioner Sheridan — I have nothing Mayor. Commissioner Trinlev — I live directly on the Intracoastal and I don't personally feel it is as bad as a lot of people feel it is. When the time comes that you legislate good citizenship among the boaters, then you will have a solution to the problem. In the meantime, there is no solution. Mayor Featherman — I believe there is a solution if you go through it. We could put up a speed number on a sign and have somebody spot the names and if we have to pay someone part time to spot the name of speeding boats exceeding that speed limit and then give tickets through the Town Commission Regular Minutes August 7, 2012 Page 17 of 21 Police Dept. for speeding. Commissioner Stern — Excuse me Sir but that cannot be done. I don't mean to interrupt you but that is a "no wake zone" and you cannot post a speed limit there. You cannot post a speed limit. Commissioner Trinley — Our section of the Intracoastal is designated a "slow wake zone" as indicated on Fish and Wildlife maps. Mayor Featherman — I see. So there is no way that you can see that it can be controlled. Commissioner Stern — I have been working on this for ten years Sir. I wish I had a solution. Mayor Featherman — We'll put that out for discussion by people in the community and see if they have any ideas and they can come to us with suggestions that we can do to resolve this situation affecting many condominium groups. 9. REPORTS — TOWN ATTORNEY: No Report. 10. REPORTS — TOWN MANAGER: Mayor and Commissioners just a few items. First of all we are ready to proceed with the hiring of a commercial real estate agent for the two water properties as long as we have a consensus that we will move forward with that. Second, I would like to have a little discussion on the procedure that you all would like to follow regarding choosing a slogan for the town. If you recall we put that out to the public. We have about 45-50 suggestions and I would just like to know how you would like to proceed because that is part of your strategic plan so I think we should have a discussion as to what you would like to do with those suggestions. Commissioner Stern — It would be my suggestion that we ask the Planning Board to gather up your 50 and have the next Highlander again publish that we need the ideas and let them appoint a small committee to work with them to help select a good name to bring to us. _Vice Mayor Brown — Just pick A Little Piece of Paradise, come on. Town Manager Weiser — The slogans that were sent in are all over the Board. I think one thing that people need to remember is you want something that is different for Highland Beach. Some of them are very cute and catchy but they could say the same thing if they were in Ocean Ridge or Manalapan. You would want something that is very specific to Highland Beach. So I don't know if that is something that the Commission would like to look at them all, or if you would like to give it to a board; what procedure you would like to take. Commissioner Trinley — In my opinion, The Town of Highland Beach speaks for itself. Mayor Featherman — Well that is one thing that you can say. I just finished an article in the Journal Tribune which I write every other week on signage and slogans for a town and it was on two cities up north. Of course our Town Manager brought up that they were considering something like that. I think we should have some sort of slogan or brand for our town. It is a great town and I think it will make us more noticeable; people will understand it better if we do have a Town Commission Regular Minutes August 7, 2012 Page 18 of 21 brand and we do have a contest to get branding or slogans for us. I would like to leave that open for anybody else to talk about it at the table. Vice Mayor Brown — I don't know that a board is going to be a deciding factor. I think we ought to tie this into our walkway that we were talking about as we look at those years down the stream so that the signage or the town slogan can also be incorporated to what we plan on doing with that. Mayor Featherman — There is a social media, media and signage involved in this because things have changed so radically in the last three to five years that a lot of towns and cities are now picking up a brand. While I have to agree in some ways that we have a great city here this would give us more impact because a lot of people are facing homes and condos that have gone down in cost and they would like to see something happen about it. Retired people move on and therefore we want to let people know about our city. Commissioner Stern — Ms. Weiser I wonder if you could share the forty or fifty names you have with us. Town Manager Weiser — Sure it's only one page long. What I will do is tell you that we categorized them and here are the different categories. Each category had anywhere from two to ten different slogans. It was the idea of community, paradise, heaven, beaches, shores and anything with the water, turtles and nesting, life or living, quiet or peacefulness and then there was a category we just called miscellaneous. If you would like I could schedule this for the next workshop and maybe then we could kind of narrow them down. You could then decide if you want to put it out to the public or if you would want to give it to an advisory board and maybe narrow some of the suggestions down. I think you are going to see kind of what I am telling you is that some of them, although they are catchy, will apply to any coastal community and you really want to key in on something that is really unique to Highland Beach. It is part of your strategic plan so that is why I am bringing it to you. If there is a consensus I will put it on the workshop and maybe we could do some brainstorming and narrow it down. Commissioner Stern — I think that is great. Put it on consent. Town Manager Weiser - I have one more item. Just a reminder to the Commissioners, we are having a shade meeting to discuss union negotiations immediately after this meeting in the conference room at Town Hall. So excuse the Commissioners audience people because we have to go right smack into another meeting so they will be leaving here rather quickly. 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) Appointment of Jack Halpern to the Code Enforcement Board for a three-year term (08/12 — 07/15). Town Commission Regular Minutes August 7, 2012 Page 19 of 21 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 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. C) Authorizing the Mayor to execute a Contract for Auditing Services with Nowlen, Holt & Miner, P.A. D) Approval of Minutes May 29, 2012 — Workshop Meeting May 29, 2012 — Attorney -Client Special June 5, 2012 — Regular Meeting June 26, 2012 — Workshop Meeting June 26, 2012 — Special Meeting July 17`' — Special Budget Meeting MOTION: Comm. Sheridan moved to approve the Consent Agenda as presented. The motion was seconded by Comm. Stern. ROLL CALL: Commissioner Sheridan - Yes Commissioner Stern Yes Commissioner Trinley - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 5-0 vote. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Carl Feldman, 3210 S. Ocean Blvd. During the discussion of Ordinance 12-005 O, there was a lot of discussion about ten years ago, five years ago, seven years ago what different spending were, what different budgets were, you have one member of the Commission that was here then. She was working for the town and that Commissioner should be listened to, I think, more than she is. She has a vast knowledge of the town, the people of the town, what the people want, what the people don't want. She was here Town Commission Regular Minutes August 7, 2012 Page 20 of 21 when we built the Library. She was there when we have built just about everything in this town including the Water Plant. Commissioner Trinley is a great asset to this Board. I am sorry to see after this coming March we won't have that asset any longer. If a year from now the Mayor doesn't run again I certainly hope you would run for Mayor because I think you would do a heck of a job because you know the town and you know what is going on in this town. You know the history of the town and when you make a comment I don't think it is really listened to. Leonard Bell, Villa Magna at 3727 S. Ocean Blvd. I am glad the gentleman brought up Commissioner Doris. I always had great affection for elected officials ever since I ran a precinct election in Lewiston, Maine, got to be sixty years ago. I lost that one and tried to keep a President in the White House in the mid -seventies, I lost that one too but the only one I always loved winning was the red headed Commissioner and I echo your comments. I really have had incredible affection, love and respect for you all these years. Thank you for teaching us and for the other two blind mice sitting in the back row back there you were fantastic during our day. Let me share a couple of echoes from our day if you will let me please. This may not be complimentary but let me just tell you what my old ears heard back there. If you are going to recite a civility pledge maybe you should print it and put it in front of yourself and conduct yourself accordingly because there were moments during this meeting when there was no civility in either action or tone of voice. I don't have to tell you who you are. If you don't know, you really shouldn't be sitting there. The political gamesmanship, you really should keep that near the election time and not play it in front of citizens that are here to be informed. If you are going to use political gamesmanship at least be sophisticated. You can all take a lesson from Arlin Voress, an incredible man. When I say the Mayor I still mean Arlin Voress, incredible man, incredible human being, incredible respect for his office and other elected officials. I think you should keep that in mind. History does repeat itself. I don't think we had bikers but the speed thing of boats, I am glad somebody brought it up because at every meeting we ever attended years ago the speeding of the boats existed. So I thank you for letting this aging hearing apparatus speak up. By the way Mr. Mayor I was just wondering, would you please ask the gentleman that went to see the budget back in Arlin's days what it was. Moor Featherman — By the way, before I answer that, I had a lot of friends in Auburn, Maine because I lived in Maine for sixteen years. Leonard Bell - Would you believe that I had many friends that lived in Auburn also including my brother who I absolutely adore. What was the budget back in those days? Finance Director Curtis — Ten years ago in 2003 the budget was six million; twenty years ago it was 3.48 million. Leonard Bell — Do the best thing for the town and sort of set your political and don't churn up in this magnificent America because right this second magnificent America exists. This constant churning of taxes and every other thing, why do that when it might not be in the best interest of the town. You are elected to do what is best for the citizens of the town that is why we trust you and voted for you. Set everything else aside and try to be a giant like Arlin Voress and do what is best for the town. Commissioner Trinlev — I want to thank Leonard for the kind remarks and I want to thank Leonard, Vic and Arlin Voress for the mentorship they have given me through the years. I appreciate each and every one of you. Thank you for everything. Town Commission Regular Minutes August 7, 2012 Page 21 of 21 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 2:47 PM upon a MOTION by Commissioner Stern seconded by Commissioner Sheridan. APPROVED: Bernard Featherman, Mayor Ron Wown, Vice Mayor Dr Trinley, Commissioner Dennis J. She an, Commissioner LIANP. Ste o issioner ATTEST: