2012.08.28_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, August 28, 2012 1.30 PM
Mayor Bernard Featherman called the Workshop Meeting to order in Commission Chambers at 1:30
PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner
Doris M. Trinley; Commissioner Dennis J. Sheridan; and Commissioner Louis P. Stern. Also present:
Town Attorney Glen Torcivia; 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. — At the last budget meeting we heard from about six people that
were making requests because the Library was going to have some serious cuts on the budget agenda
or on your agenda. After hearing from six or so people, and very wisely I think, the Vice Mayor said
"after hearing from these people we are not going to touch the Library's budget or at least cut out most
of what they had on the agenda for". That was a wise decision. On today's agenda we have an
Ordinance No. 12-005 being heard for a second reading. If you get through the legal mumbo jumbo,
there is one section in there more or less refers to eliminating the spending cap of $350,000 the town
presently has. This $350,000 limit is what we think is a wise thing to keep because if the people want
to spend for a project, they should have the right to voice their opinion. At the last meeting I presented
two hundred signatures on a petition that asked to keep the $350,000 or in other words not eliminate it
for any major spending budget unless we have a referendum. I hope when you read today the second
reading of No. 12-005 O, you either don't vote for it or vote "no" for it and listen to hear the voice of
Town Commission Workshop Minutes
August 28, 2012 Page 2 of 21
these two hundred people the same way you heard the voice of the six or eight people representing the
Library.
3. PRESENTATIONS:
None
4. BOARDS AND COMMITTEES
A) Board Correspondence:
• None
B) Board Action Report:
• None
C) Board Vacancies:
• Board of Adjustment & Appeals — One Appointment
D) Monthly Board Meetings
• Town Commission Budget Workshop — September 7th — 5:01 PM
• Beaches & Shores Advisory — September 1 Ith — 9:30 AM
• Planning Board — September 12th — 9:30 AM
• Bd. of Adjustment & Appeals — September 19th — 9:30 AM — If Needed
• Code Enforcement Board — September 19th — 9:30 AM — If Needed
• Town Commission — Final Budget Hearing — September 20th — 5:01 PM
5. PROPOSED ORDINANCES AND RESOLUTIONS
A) ORDINANCE NO. 12-002 O (September 4th — 2°d Reading — Public Hearing)
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 6-11 "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
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August 28, 2012 Page 3 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
Consensus was to schedule for second reading and public hearing at the September 4, 2012 Regular
Commission Meeting.
B) ORDINANCE NO. 12-003 O — (September 4th — 2°d Reading — Public Hearing)
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 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
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August 28, 2012 Page 4 of 21
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:
Commissioner Trinlev — The part that includes the Mayor naming an interim Town Manager, if and
when necessary, I don't think that is a wise move. I think it should be left as is, meaning that the
Town Clerk takes over when the Town Manager is not able to. I think that way the flow is better for
business. Commissioner Stern — I also concur with Commissioner Trinley. I do believe that it should
be next in line should be the Town Clerk. I think it should be amended. Commissioner Sheridan — I
believe so too, Mayor. Vice Mayor Brown — Same thing. I agree that it should remain the way it
was. Town Attorney Torcivia — What we will do then is remove that language for a second reading
which is on Page 9 — Section 9. There will no change at all. The old language will stay.
Consensus was to schedule for second reading and public hearing, as amended, at the September 4,
2012 Regular Commission Meeting.
C) ORDINANCE NO. 12-004 O — (September 4ch — 2°d Reading — Public Hearing)
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; 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: None
Consensus was to schedule for second reading and public hearing at the September 4, 2012 Regular
Commission Meeting.
Town Commission Workshop Minutes
Auizust 28, 2012 Page 5 of 21
D) ORDINANCE NO. 12-005 O — (September 4th - 2°d Reading — Public Hearing)
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:
Commissioner Stern — I would like to hear what some of my other Commissioners have to say on
this.
Commissioner Sheridan — Yes, Mayor I would like to amend this article and I have a copy that I
would like to pass out to my fellow Commissioners so you can refer to what I am trying to amend. I
would like to amend Ordinance No. 12-005 O, Article II "Municipal Powers", Section 2.01
"Enumeration of Powers" by not repealing Subsection (30) but include Subsection "30" with the
following language: Funding Limitation — Any single project requiring an allocation of more than
ten percent (10%) of the Town's General Budget, in any given fiscal year, shall not be funded until
the purpose and amounts of such allocations shall first have been approved by the majority vote of
the Town Commission. Any single project requiring an allocation of more than ten percent (10%) of
the Town's General Fund Budget shall not be funded until a referendum is held and approval is given
by the majority of votes cast by the qualified electors residing in the Town. Exceptions to this would
be a natural catastrophe defined as sudden and extraordinary misfortune unforeseen mischance
bringing with it destruction of life and/or property and as well as any litigation settlement. Such
elections shall only be held between November I't of a given year thru April I" of the following year.
Mayor Featherman — Are we in a position to say anything about this right now? Town Attorney
Torcivia — Yes, this is the time because your second reading is when you are finally adopting it. For
example, if this were to pass today you would adopt this ordinance with this change and we will
include it for your second reading on September 4`h.
Vice Mayor Brown — I disagree with the change. I like the way of deleting No. 30 for funding
limitations and leaving it as it was read the first reading.
Town Commission Workshop Minutes
Aujaust 28, 2012 Page 6 of 21
Commissioner Trinley — I would like to know what the General Fund Budget will be this year.
Finance Director Curtis — The General Fund Budget as proposed is around 10.4 million.
Commissioner Trinley — So it would be ten percent (10%) of 10.4 million? Finance Director Curtis —
10.4 million; ten percent (10%) would be one million forty thousand. Mayor Featherman — May I
interrupt one second and ask you does that change every year if taxes go up say to the following year
eleven million dollars and so forth. Finance Director Curtis — Yes it does. If the following year is
eleven million the ten percent (10%) will apply to that eleven million.
Commissioner Stern — As was proposed by the group that we asked to rewrite this for us and help us, it
was convoluted. It had seven percent (7%) and then it had four votes ten percent (10%) and then over
that, referendum. It was very hard. That is why it was written out as no limits and I understand where
the Vice Mayor is coming from by saying it is a very simple thing. We will have no referendum and
we will just go ahead and spend what we need to spend on a project and that is why we were elected
by the town people to do so. However, now that I see what is being presented here today, I think this
is more workable and this is the ten percent (10%) that I think we were all desirous of from the get go
that it will be ten percent (10%) of the General Fund Budget from the get go and then we would know
always what would have to go to referendum. So, if we are considering a two million dollar project
we couldn't do it. If we were considering a three hundred thousand dollar, four hundred thousand,
five hundred thousand we would have to wait until the November or March elections to get a
referendum going on it. So, I like the ten percent (10%) and I would hope this could be written in.
Mayor Featherman — There is one thing I would like say. I really feel we should have a dollar amount
put on. It was brought up that twenty years ago they had the same amount; ten years ago I said they
had the same amount and I think it is symbolic that, if a certain amount of money is to be spent, we
should have a referendum on it over a certain amount of dollar volume rather than increasing it each
year. It is almost like the millage which we are going to talk about, tax and spend. I think we have to
have a control on what we spend and it should be a dollar amount given to us to do it. Because, on
future people coming in that might not be the case of fairness but just a prejudicial view of theirs to
spend whatever they can, up to a certain amount of money. We have presented to us today someone
who has stated that they have two hundred votes already signed that they are against having something
without a referendum and I believe it would be better if we have a dollar amount and then have a
referendum over that. Otherwise, it is really a serious question that our residents are being taken
advantage of because a number of them are not here until November and right now we have very few
people here to pass this situation. I would like you to rethink this. Commissioner Stern — If I may
respond, Sir. The $350,000 was a number that was put in the 1990's and it was reiterated in 2001 or
2002 whenever they did it. We proved before, and we can get the numbers again, that $350,000
represented ten percent (10%) of then, the budget. If it is your way of thinking that we should have a
number then the number is not ten percent (10%) based on this year's budget, the number is one
million dollars. So if you want a number we can change this to one million dollars. Does that make
you more comfortable? M4yo Featherman — I think the problem is that ten years ago we had it
against a budget of about six and one-half million dollars, if I am correct. Finance Director Curtis —
Yes. Mayor Featherman — If it would go up it might go up again about half the amount to five
hundred thousand. Commissioner Stern — The times are not the same today, Sir. Three hundred and
fifty thousand dollars then was a lot of money. A million dollars today is that same lot of money.
Town Commission Workshop Minutes
August 28, 2012 Page 7 of 21
Mayor Featherman — Well you realize, and I am sure you understand because you are a bright man, we
are in the midst of a depression; really they call it a recession. I have something where they dropped
my assessment on my house and yet I have to pay almost three hundred dollars more figured at a
certain millage that we originally started on. Take that and add that on to the poor interest amounts
that are given, the condition of our economy right now, we really have to be very careful not to spend
right now because it is not the time to do it. If we have the economy picking up again, just because we
are one of the rare people that have a little bit excess money and are not running into a deficit each
year that other towns and cities have, I think we should use caution in this because this condition could
continue for at least another five years and it would put our residents in a position where they are
really being taxed for our capital improvements where we may have a question whether we need them
right now.
Commissioner Triple v — I just wanted to say that I agree with the Mayor because even though three
hundred fifty thousand might have been ten percent (10%) of the budget in whatever year, at least
there was something that the people could relate to. This is too vague because there is no way for
anyone to know what the General Fund Budget is going to be in any given year and to say that they
would agree with any or all projects that we would agree to spend the money on, I think it's a fallacy.
I think we should let them have their say.
Vice Mayor Brown — One of the things it seems to be that we are getting hung up on is the
referendum. If we want a project to go to referendum we can put that in our resolution or in the
project that this will not be funded until we go to referendum. I think we need to stay away from
setting a dollar limit and I think we need to stay away from "dire economic straights". We are talking
for the next ten years not for today or tomorrow. We don't know what is going to happen out there but
right now the projection is that the economy will improve. The change we are making is for the next
ten years not this year. So, I think we need to stay with funding limitations removed from the Charter
and if we want to go to referendum for any project then we can go to referendum.
Mayor Featherman — I would like to ask our Attorney something, if I may. I noticed that practically
every other town and city in Florida has a referendum on capital expenditures. Is that the case where
we are one of the rare people, and according to this Charter, that would not have a referendum?
Town Attorney Torcivia — I am not sure about the capital expenditures in general; most towns don't
have this type of limit. On the Charter Review Committee, some of the members did some extensive
research. I think one in particular researched all the coastal communities; Manalapan, Ocean Ridge
and none of them had any type of limitation, so it is up to the Commission's discretion and I think
that is the position Vice Mayor Brown is talking about. I don't remember anybody in the Charter
Review Committee, and Beverly if you recall let me know, that any other town had a limitation. This
is the only one that had that limit. Is that right? Town Clerk Brown — That was one of the reports
from one of the members. She had gotten Charters from all the communities.
Mayor Featherman — I had spoken to several of the Charter members after it was dissolved. Two
voted against it and a third was going to but decided not to. I think that what we are facing today is
something different. We are facing a situation where there are concerns by the residents here. If we
have gotten two hundred signatures already then that means people are concerned about it. We would
get two thousand signatures. probably after the first of the year when everybody is here and yet we
Town Commission Workshop Minutes
August 28, 2012 Page 8 of 21
could do things without their approval of a referendum. I really feel, and I respect what these folks
have said, that we should have either a dollar amount of $500,000 or have a referendum on anything
major that comes up because that is something that is of concern to a lot of people here. It is not just
the Commissioners who I respect and admire for their stand, but I believe we have to respect our
residents by having a minimum amount put on there and a maximum amount and then we vote on it if
it goes over, say the $500,000. The reason we have a Commission review is because the Charter has
to be approved or things have to be changed to the Charter before it goes into effect and that is my
feeling.
Vice Mayor Brown — I would like to say something as a rebuttal. I think Mr. Feldman got two
hundred people to sign the petition but what about the other thirty six hundred. I disagree with saying
that two hundred is a representative of the town. There is thirty six hundred and eighty others out
there and the people I talked to in Bel Lido are all one hundred percent (100%) in favor of removing
this.
Mayor Featherman — There is another three thousand people that haven't been reached yet and I think
if you are bringing up a question like that we should postpone this until the people return in
November before we vote on it at all. Vice Mayor Brown — I disagree. Commissioner Stern — I
disagree.
Mayor Featherman — That's nice for you to take those views, and I respect that, but you must realize
that we have residents that are not here right now who have a say in something like this and if we just
push it through then it is not a good thing either because maybe they don't want certain capital
expenditures to be done at this time in this economy. Vice Mayor Brown — What about eight years
from now. I think we should press on with this and solve it one way or another and not kick the can
down the road any further and I think we need to look at what the majority of the Commissioners
want here not just you, Mr. Mayor. Mayor Featherman — I am sorry you said that. Vice Mayor
Brown — It was your idea. Mayor Featherman — I was going to say nice things about you but I think
what I have to say is this. I am looking ahead ten years from now because I am the one who asked
for the three year strategy of planning and I plan ahead five to ten years in everything I do. You are
not a planner from what you said. You just estimate what is going to happen. Vice Maw Brown —
Now you are getting personal. Mayor Featherman — Please, I will give you time to speak. You will
have a right to say it after I say it. Now, that you said it. I believe the residents have to be protected.
I believe the residents have a voice in what's saying and just to say two hundred people haven't said
anything is a fallacy. Those two hundred people will grow to a lot of people and that will affect all of
us here if you don't think properly on it.
Commissioner Stern — Mr. Mayor you are entitled because you have a single vote and you are not
going to run this Commission; so, therefore I would like to call the question. We either adopt by
acclamation of a vote of what is being presented today or we accept the second reading with no
limitation whatsoever. Mayor Featherman — I think you are premature. Commissioner Stern — I am
not premature. I am calling the question. Mayor Featherman — You actually have to have a
consensus to schedule a second reading. Am I correct or not Mr. Attorney? Town Attorney Torcivia
— Today we are looking for as motion. Town Clerk Brown — No we are not. It is a discussion on the
Workshop and Commissioner Sheridan made a proposal. So do we have a consensus to go with his
proposal or we don't have a consensus? Town Attorney Torcivia — You are going to have three
Town Commission Workshop Minutes
August 28, 2012 Page 9 of 21
proposals on the table at this point. You had the original proposal that Vice Mayor Brown is
speaking in support of; you have Commissioner Sheridan's proposal which Commissioner Stern is in
support of and you have the Mayor's proposal which Commissioner Trinley has been supportive of.
We need to take a consensus on those three proposals. Which one has the consensus because right
now we have three proposals on the table so when we bring it back for the reading on September 4th
which one do we bring back?
Town Clerk Brown — Commissioner Sheridan has proposed an amendment requiring any single
project of more than 10% of the Town's General Fund Budget must go to referendum.
ROLL CALL:
Commissioner Stern
Yes
Commissioner Sheridan
Yes
Vice Mayor Brown
No
Commissioner Trinley
No
Mayor Featherman
No
Vote is 3-2. No Consensus.
Town Clerk Brown — Vice Mayor Brown's proposal is to leave the Ordinance as it is presently
worded.
ROLL CALL:
Vice Mayor Brown
Yes
Commissioner Trinley
Yes
Commissioner Stern
Yes
Commissioner Sheridan
Yes
Mayor Featherman
No
Vote is 4 to 1. Consensus is to leave Ordinance the way it is presently worded.
Mayor Featherman — Please read that again so they understand my position.
Town Clerk Brown — The Mayor's position was to put a dollar amount back into the ordinance.
ROLL CALL:
Mayor Featherman Yes
Commissioner Trinley No
Vice Mayor Brown No
Commissioner Sheridan No
Commissioner Stern No
Vote is 1 to 4 against. No Consensus.
Town Commission Workshop Minutes
August 28, 2012 Page 10 of 21
Consensus was to schedule Ordinance No. 12-005 O, the way it is presently worded, for second
reading and public hearing at the September 4, 2012 Regular Commission Meeting.
E) ORDINANCE NO. 12-006 O — (September 4th — 2°d Reading — Public Hearing)
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.
Discussion:
Commissioner Sheridan — I am in favor as it reads.
Vice Mavor Brown — I am in favor of it as she read it.
Commissioner Trinley — I am in favor as it has been read by the Clerk.
Commissioner Stern — I also am in favor as it has been read by the Clerk.
Mayor Featherman — Before I vote I would like to state something here. I just got a notice of
proposed property taxes from Palm Beach County. They reduced my assessment this year $10,000
on my home. They did figure out a breakout using the 4.7815 which increased my taxes
approximately $260.00. If it is raised to a millage of 4.93 that would increase my taxes more and I
would be raised also other taxes that I have, in the future, as they raise it on the federal government
arrangement. Prices have gone up on food, prices have gone down on interest to people who have
savings both in money markets or CD's so that elderly people will feel a tremendous pressure coming
up this year. We have fifty percent of our medium age here of 66.9 years old in Highland Beach and
there are people that are on retirement. We have to protect those people from added increases
wherever we can; especially in light of this terrible economy we are facing and going through now.
Therefore, I vote NO on this millage.
Commissioner Sheridan — I have a different feeling on that. I have my tax bill in front of me and
under the operating of Highland Beach the millage they listed is 3.95. My taxes went down $100.00.
Mayor Featherman — Mine did not, Sir.
Town Commission Workshop Minutes
August 28, 2012 Page 11 of 21
Commissioner Stern — I have the same as you do, Sir. My assessed value went up three percent (3%).
My tax increase with our new proposed 3.95 which we have approved, I have a 3.7 percent increase
in tax or $239.74. So, therefore it is very, very, palatable.
Mayor Featherman — How did you do Mr. Vice Mayor? Vice Mayor Brown — Mine went up more
than all of you guys. Mayor Featherman — I see that is uncalled for. I am sure you are not feeling
good about that. Vice Mayor Brown — But I rather would have the taxes go up then cut services and
any of our personnel. Mayor Featherman — I think we have been doing a good job on our services
and I want to complement our people here so I don't think it is a question of cutting taxes, I think it is
a question of adding tax increases to our residents.
The consensus vote was 4 to 1 was to schedule for second reading and public hearing at
the September 4, 2012 Regular Commission Meeting.
F) ORDINANCE NO. 12-007 O - (First reading)
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
CHAPTER 29, WATER SYSTEM, ARTICLE 1, IN GENERAL, BY CREATING SECTIONS
29-25 TO 29-30 TO BE ENTITLED "CROSS CONNECTION CONTROL PROGRAM";
PROVIDING FOR A PURPOSE; PROVIDING FOR A CROSS CONNECTION CONTROL
MANUAL; PROVIDING FOR INSTALLATION LOCATIONS, EXPENSE, INSPECTION,
ACCESS AND ACCIDENTAL CONTAMINATION; PROHIBITING CROSS
CONNECTIONS; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING AN
INTERPRETATION; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING
FOR SEVERABILITY; AND, PROVIDING AN EFFECTIVE DATE
Town Clerk Brown read Ordinance No. 12-007 O, title only, into the record.
Discussion:
Town Manager Weiser — I am going to bring up our Public Works director to give you a quick
summary of this ordinance.
Public Works Director Jack Lee — This Cross Connection Control Ordinance will not affect anybody,
any single family homes or anyone that already isn't mandated by it. All condos three stories and
above are required to have backflow preventers on them and other sources where they can get
contamination back flowed into your potable water system. So all this does is give the town, my
position or my designated agent, the ability to go in and check for cross connections and if we deem it
necessary ask that customer to put a backflow preventer on their water system. It does provide that the
single family homes new construction be required to have backflow preventers on them but the
existing homes are not required. It basically gives the Public Works Department the ability to go in
and enforce what is actually law by Palm Beach County.
Town Commission Workshop Minutes
August 28, 2012 Page 12 of 21
Vice Mayor Brown — Who does the inspection? I see you have to do an inspection every year.
Director Lee — Bill Moore and Pat Roman are certified in backflow connection and cross connection
control. They went to school and have a license for it so they will be the ones that will do the
inspection. Vice Mayor Brown — It will be done by town personnel. Director Lee — The inspections
will. Now the certifications will be done by a certified backflow technician. Vice Mayor Brown —
That is only done on the original installation. Director Lee — That is correct. Vice Mayor Brown -The
other is annual and I will have to have somebody come in and inspect it. Director Lee — Anybody that
has backflow prevention in the town right now is required to have that backflow preventer certified
each year by a backflow technician. It has been that way for years. Vice Mayor Brown — Who pays
for the inspection? Director Lee — The customer. Vice Mayor Brown — How much is that? Director
Lee — It ranges from $75.00 to $100.00. The customer pays for the certification. There is no charge
for the inspection. The customer pays for the installation and the cost is approximately $500.00. Vice
Mayor Brown — Do you see, downstream, going to all existing homes like we did in Bel Lido initially
and then we removed them? Director Lee — That was a decision made by the former Town Manager
to put those backflow preventers in Bel Lido in the single family homes. It was not mandated by the
State. Therefore, the Town Commission rescinded that cross connection control program that we had
back in 2009. I am trying to re-establish that because it is law that we have that program in our policy.
Commissioner Stern — For the private homes as well as all condos? Director Lee — It is for condos that
are three stories and above. Commissioner Stem — Not for private homes, though. Director Lee —
That is correct.
Consensus was to schedule for first reading and public hearing at the September 4, 2012 Regular
Commission Meeting.
G) RESOLUTION NO. 12 — 003 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAD
BEACH, FLORIDA, ADOPTING A SCHEDULE OF FEES AND
CHARGES FOR THE TOWN BUILDING DEPARTMENT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
Town Clerk Brown read Resolution No. 12-003 O, title only, into the record.
Discussion•
Commissioner Stern — I would like an explanation if I could.
Town Manager Weiser — Mayor and Commissioners, this is the companion resolution to what you
were looking at with Ordinance No. 12-002. We just want to do the Fees and Resolution Form
because if you ever need to change them it is easier to do it with a resolution.
Town Commission Workshop Minutes
August 28, 2012 Page 13 of 21
Consensus was to schedule on the Consent Agenda at the September 4, 2012 Regular Commission
Meeting.
6. NEW BUSINESS
A) Authorization for the Mayor to Sign One -Year Agreements for Dental and Vision Group
Insurance.
Town Commissioner Weiser — Mayor and Commissioners, we recently asked Staff to look at our
Dental and Vision Plans. It is the same plan but we were able to come up with reduced rates in both
dental and vision. We received a quote from Alliance Standard Insurance Company that is seventeen
percent (17%) less than our current rate for dental and with our vision plan we got a rate that is a fifty
percent (50%) premium reduction. We are asking you to authorize the Mayor to sign these agreements
with an annual savings of over $3,000.00 in dental and $2,900.00 in vision.
Consensus was to schedule on the Consent Agenda at the September 4, 2012 Regular Commission
Meeting.
B) Town Commission to authorize a transfer of $15,207.00 from the General Fund "Reserve
for Contingency" line item #001-590.000-599.000; and to Authorize the Mayor to sign a
Contract with Kilbourne & Sons Asphalt in the amount of $18,707.00 for the installation
of New Concrete Header Curbs at the Entrance to Bel Lido Isle.
Town Manager Weiser — This is a hard one to explain in that it would make sense. We under budgeted
the cost of this project. We based it on our header curb projects that we had done in previous years.
We budgeted $15,000.00, but the Bel Lido project is coming in at $30,707.00. Part of that is
engineering and part of that is the extra construction. Based on where we had it budgeted and what
wasn't budgeted, what we are asking for today is that $15,000 from the Account Improvements other
than Buildings be authorized, and $15,707.00 from Account Reserve for Contingency from the
General Fund be appropriated so that we can complete this project in Bel Lido.
Commissioner Stern — I do understand the additional expense because I was one of the three streets
that had the new headers put in and they are incredibly fabulous. They do a fabulous job and I am
sorry it is costing more, but it is a year later, and it was a shame that it wasn't done a year ago and I
certainly think it has to be done now. Town Manager Weiser — May I add to that, too. You are also
approving us signing the contract with Kilborne & Sons. Commissioner Stern — You had three quotes
here and they seem to be the cheapest.
Consensus was to schedule on the Consent Agenda at the September 4, 2012 Regular Commission
Meeting.
Town Commission Workshop Minutes
August 28, 2012 Page 14 of 21
C) Town Commission to Authorize the Mayor to sign the Bid Proposal submitted by
Globaltech in the amount of $96,742.00 for replacement of the R.O. Plant Chemical
Supply Line.
Town Manager Weiser — Basically this is kind of an emergency situation. The chemical lines that
supply the R.O. Plant are leaking and need to be replaced ASAP. There was only one company that
put in a bid for this project in the amount of $96,742.00 and it was Globaltech and we are asking for
your authorization to proceed with this project as it is a necessity.
Mayor Featherman — Is that the only company that can bid this job? Town Manager Weiser — No,
they are the only company that did bid it.
Commissioner Sheridan — This is addressed to Jack Lee, if I may. The type of materials to be used on
this type of replacement, is it the same as what we have in there now? Public Works Director Lee —
No, it is polyethylene tubing. It is a one piece continuous line. What we have now is CPVC pipe with
glued joints and what has happened on two of the chemical lines, there are five chemical lines, and
two of the lines have ruptured and they have secondary containment. The only thing that is keeping
the water plant running right now is the secondary containment piping on two of those chemicals.
This is an emergency. If we lose those chemical lines we will have to shut down the water plant until
we can get them repaired. It would be pretty expensive buying water from Delray. Commissioner
Sheridan — These materials will basically be better and probably last longer than what we have.
Director Lee — We designed this and had the help of Engenuity Group. We did some research into it
and sat down with a representative from Globaltech before we ever went out to bid. We were actually
going to put a trench in with PVC pipe but we found out that the polyethylene pipe is being used by
contractors around the state and it is supposed to have ten times the life expectancy than the regular
PVC. We did go out to bid. We advertised for bid. We had two companies that picked up documents
and Globaltech was the only one that submitted a bid.
Commissioner Stern — What is the real urgency here Jack. Director Lee — If we lose the chemical lines
you can't operate the R.O. Plant. It shuts down because you have to have those chemicals to make it
run. Right now the only thing that is keeping it running is the secondary pipe, and that is because it is
an outside pipe. The inner pipe is broken and the outside pipe is the only thing that is keeping us
going right now. We have seen evidence of chemicals coming up through the asphalt in the parking
lot. We have also seen an increase in chemical usage on two of our chemicals which made us look
into this, and that is how we discovered we had leaks. Commissioner Stern — Do we have until
September 4t' ? That is my real question. Director Lee — The lines can fail at any time. Yes, I think
it can go to September 4t`. Commissioner Stern — I don't think we can vote on it today unless there is
an emergency. Do you think you could possibly have a second quote by then?
Mayor Featherman — Is that basically for the installation of piping? Director Lee — Yes that is correct.
Globaltech is a design built company. They not only engineer, they actually did the expansion on the
plant back in 2007. They build R.O. Plants all over the State and they do a lot of plants over in the
Islands. They are the ones that are also going to construct the lines and install them. Maw
Featherman — They will be doing fabrication as well as the supply of pipe itself. Director Lee — Yes,
that is correct.
Town Commission Workshop Minutes
August 28, 2012 Page 15 of 21
Vice Mayor Brown — Will we have to shut the water off to replace all these and how long will it be?
Director Lee — No. The pipes will be installed and then at the termination points where they connect
together, that will all be done within four to five hours. We can shut the plant down for that length of
time to make those connections at the terminal points. Since there are no joints, what we plan on
doing is installing all the lines from the chemical rooms in the water plant all the way out to the clear
well and then at that time, maybe pick a Saturday, come in and tie the joints together. Commissioner
Sheridan — How long a project is this after the contract is awarded? Director Lee — Two weeks. These
two lines have been leaking for a couple of months and I think we can get by for another three weeks.
No doubt about it and if we were to lose one of these chemical lines we could run a line on top of the
asphalt in the driveway. The only thing that would do is keep our police vehicles and utility trucks
from getting into the gas fueling system because the lines would be on top. We could build a ramp.
That is the worst case scenario if we had to.
Town Manager Weiser — If we have consensus to move forward we can let Globaltech know and they
can begin mobilizing so when you actually approve it, it's kind of a rush to start the project. Mayor
Featherman — In my mind I think this is an emergency that has come up. Commissioner Stem — That
is my point. Mayor Featherman — I think that really commands a priority. If we have a situation
where it is going to affect the water, we should act on it immediately and not wait for final consensus
voting. Director Lee — I realize this is a lot of money but that is one thing the Commission elected to
do two or three years ago. They made a line item for repairs, renewals and replacements and that is
where this money is coming from. It is for future breakdowns or for whatever problems the R.O. Plant
may have. We are putting in over $100,000 a year into that so that is where this money will come
from. Mayor Featherman — I think we should act on this right away. How do we stand on that
Attorney Torcivia? Town Attorney Torcivia — Based on what I am hearing, it does sound like an
emergency and the Commission could give direction to the Manager today to move forward with the
contract and ratify it at your next meeting. There is that small risk, but from what I am hearing we
could have the entire plant shut down any day. If that is the Commission's desire you could direct the
Manager to go ahead and sign the contract. We have already reviewed the contract and it is legally in
good shape.
Consensus was to direct the Manager to sign the contract. This item will be included on the
September 4, 2012 Consent Agenda as ratifying the authorization of the Town Manager signing the
contract with Globaltech.
Town Manager Weiser — I will go ahead and sign the contract and then we will have it on the agenda
for you to ratify the authorization.
D) Town Commission to authorize change in 2012 Holiday Schedule.
Town Manager Weiser — Mayor and Commissioners as it only happens every six years or so,
Christmas and New Year's fall on a Tuesday and based on our Personnel Rules and Regulations
employees get the half day before Christmas and New Year's off. So what that means, is they will be
off for a weekend, come in for four hours and then they will be off for another day and one-half. The
Town Commission Workshop Minutes
August 28, 2012 Page 16 of 21
Staff has asked me to approach you and see if you would consider combining the half days and give
them a full day on Christmas Eve and then they will work a full day on New Year's Eve.
Commissioner Stern — I think that is a fabulous idea. It may cost us a few dollars but to have them
come in for a half day after a weekend and then go away again for another day and one-half is bad for
moral and nothing is going to get done that half day. I think it makes sense to let them have that as a
full day off.
Commissioner Trinley — I agree with Commissioner Stern.
Commissioner Sheridan — Being that it only occurs every six years and we are talking about two half
days, I would be in favor of giving them both full days off. What are we going to get on a half day?
Vice Mayor Brown — The way I understand it, we are going to take the half day from New Year's Eve
and put it on a half day so New Year's Eve they will work a full day. I have no further comment.
Town Manager Weiser — Are we placing to have both days off or combine it to one full day?
Commissioner Stern — I thought it was both full days. Town Manager Weiser — I need a consensus to
see which way we are going on this. Vice Mayor Brown — What do you recommend? Town Manager
Weiser — What your holiday schedule calls for is that you have a half day on Christmas Eve and a half
day on New Year's Eve. The employees have asked me to approach you and say would you combine
them and give us one day off. I think after everything they have done with the budget if you would
like to consider two full days off that is your decision. Commissioner Trinley — Why not. They are a
terrific staff and let's show them we appreciate them one more time. Mayor Featherman — I agree
because I really feel we have an excellent staff and this is something exceptional that comes along
every six years so I would suggest we give them the two full days off. Town Manager Weiser — On
behalf of the employees we thank you.
Consensus was to schedule on the Consent Agenda at the September 4, 2012 Regular Commission
Meeting.
7. MISCELLANEOUS — ITEMS LEFT OVER
A) Minutes
July 31, 2012 — Workshop Meeting.
August 7, 2012 - Regular Meeting
August 7, 2012 — Budget Workshop Meeting
No corrections received from Commission.
Consensus was to include minutes on the September 4, 2012 Consent Agenda.
8. REPORTS — TOWN COMMISSION
Town Commission Workshop Minutes
August 28, 2012 Page 17 of 21
A) Commissioner Stern — I do have a few items, sir. I would like to acknowledge the wonderful
work yesterday of our maintenance division led by Bill Moore and his very capable staff Pat and
Jesse. The Town was a mess; the lift stations were in trouble; and FPL was of no help to us. We did
get our fair share of the storm, and they did handle it with expertise. It took many hours, many phone
calls to FPL, myself included, Bill Moore included, and finally our own town resident Jack Halpern
was able to get a crew here that we needed late yesterday to get the town back particularly in the
southern end. Second item, this past weekend all of us sitting here, the town clerk, the town attorney,
the town manager, and the five commissioners we were at a wonderful, wonderful convention that
was led by the League of Cities at the Diplomat Hotel in Hollywood. I think that we benefited from
their lectures, their luncheons, their guest speakers including our own Rick Scott. We had an
opportunity to mingle, which I thought was wonderful with delegates from all around the state. There
was about 1,000 people there. I think the single conversation I had with everybody that I met and
knew was on budgets and millage. I found out that we are not alone. We have the same problem
they all have. Of course that brings me to my estimated bill, which I already explained even though
my value of the home went up. My taxes only went up 3.7%, which I think is very minimal. That
takes care of that. The last is that I never stop working on the wake zone in our intracoastal waterway
and that is not something we are going to be able to achieve in any short order, but there is a project
underway and it's called riprap. I am going to read you the Wikipedia explanation of what riprap is:
It is a variety of rocks, commonly granite, limestone and occasionally concrete rubble from buildings
and paving demolition. It is brought into waterways by a way of rafts and it then goes in front of
seawalls and it ends up as being a potential for the elimination of water erosion and seawall
erosions. Since I was looking at riprap and we are not going to slow the boats down any, I did find
out that back in April of this year the Palm Beach County did advise us that they are under a subject
proposed limestone boulder wave breaks along the intracoastal waterway properties in the Town of
Highland Beach. That being said there are maps available of where they are going to be doing this. I
was told that every condominium along the waterway was advised and if any of the building
managers have not been aware of this, I hope they call our town manager to get the information.
Because if we can stop the wakes from destroying the seawalls and the state is willing to do it for us,
it is a step in the right direction and maybe we can still get the waterway slowed down somehow, but
at least this is the beginning. The only major complaint I keep hearing is that it is ruining our
seawall, it is ruining our seawall. Mayor Featherman — Thank you for a presentation like that because
that is a concern for a number of condominiums here.
B) Commissioner Sheridan — Just a few extra words to give our sincere thanks to the Town Clerk
who arranged this conference for us. I think we were one of very few that had a complete
representation of our town at this conference. Everything went as planned whether it be conferences,
meals, or travel. It was all aided by our Town Clerk, and I would like to thank you for it.
Commissioner Stern — Here, here. Mayor Featherman — I am sure we all pretty much feel that way
too.
C) Vice Mayor Brown - Thanks to the Chief of Police for holding down the fort while we were all
gone.
D) Commissioner Trinley — This was my last Florida League of Cities conference and I enjoyed
it very much. I didn't learn too much because I figured it was mostly for larger type cities, but what
Town Commission Workshop Minutes
August 28, 2012 Page 18 of 21
I attended, I enjoyed. I too want to thank Beverly. She did everything except feed us herself. She
did a great job, and I thank you for it, Bev.
E) Mayor Featherman — I have three points I would like to bring up. One is the US Post Office
box out here. A number of people have told me it's difficult to reach. To mail their mail they have
to get out of the car. Some of them have said that they have hit their fender. I noticed it was painted
blue again, so I asked Mr. Lee if they moved the post and he did not know. He felt that all they were
doing was painting. We do have to look into it and I would like to ask our town manager if she
could follow through to contact the post office at a higher region then just the local people in Boca
Raton to see if we can move it or make an addition to the slot, so that people when they put their
hand out will be able to reach and put their letters in there. Number two, I have told some of our
commissioners I had a chance on Monday to patrol the area of A 1 A all the way up. I stopped in on
Russell Place, and Russell Drive had an outage at that time of 12 hours of electricity. I went over to
Florida Light & Power and tried to get them to come over. They were working on Ambassador East.
I understand it went on for about another seven to 10 hours or so. I went through your location and
it wasn't affected. There were a few partial leaves that came down, but no trees were down, no
flooding. When I went up AIA yesterday, there was really nothing of a flood hazard to us. There
may have been some water in two or more areas that went into the street, but other than that it was a
safe time in a treacherous time that we went through for this hurricane. The third thing I want to say
is I am concerned with the millage being increased to a whopping 3.95. We are in hard times.
People are not getting interest on their monies that they should. They are not getting their interest on
investments. They are having difficult times and since we have a majority of I would say at least
50% retirees here, they are having hard times too. On things that came up with me and you folks
here with increases on our taxes and running the millage even higher will increase it beyond that —
which we have now. Plus the increases in buying things for food and various other items we need in
a very difficult time. I hope we can consider that in the future because it is important that our folks
here have some sort of relief from a terrible tax burden. With that, I would like to go to our town
attorney, to see if he has anything to say. It was delightful seeing him the last four days at the
meeting.
9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA:
Just echo what everyone else said, I think the conference was very good. It was informative, but it
was the fellowship. Breaking bread with folks and talking to people one-on-one that really made it
so special. Thank you all.
10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER:
I have four items for you. First of all, the next workshop which is September 25t', it is the eve of
Yom Kippur, which is a very high holy Jewish holiday, so I promise you we will keep the agenda
very light because I believe the holiday starts at sundown on that day. I am going to bring the Chief
forward. We had a post storm conference call with everybody in emergency management in the
county and give you all an update on what is going on in the entire region.
Town Commission Workshop Minutes
August 28, 2012 Page 19 of 21
Chief Craig Hartmann — Good afternoon Commissioners. The conference call today we had with
South Florida Drainage District, no surprise their canals have peaked. They have a flood watch for
the entire county through 8:00 p.m. tonight with possible rain predicted this afternoon and this
evening. The Engenuity Group, the town engineer group of record, came down yesterday. They
were in town yesterday, at 10:30 a.m. and they drove down every street of the town. They found that
along S. Ocean Blvd. there was water standing in the swales, low grass areas and the sidewalk west
side of the road the entire length within the town. There was a significant amount of water ponding
on the west side of the road at the north entrance sign and the east side road at Penthouse Tower 3101
S. Ocean and at the Seagate, as usual, the road was flooded as such that only one lane of traffic could
pass through. Also on S. Ocean Blvd. on the North side of town hall water was bubbling out of a
manhole. The South Florida Water District estimated the rainfall amounts for this area to be five
inches over the last 24 hours, and 10 inches over the last three days. We have no reports of any
significant structural damage to anything. The church seemed to have some of the biggest trees that
went down unfortunately. The power outage along Bel Lido, along Russell Drive, which we
understand has been a problem in the past. So we have talked about working with FPL after the
hurricane season and meet with their representatives, and talk about why that occurs, what upgrades
need to happen there when everyone seems to have power and get power back very quickly, so we are
going to look at that. That's it, and yes, good job, kudos to Public Works and the police officers that
were out there handling calls overnight in the bad weather. Working on the lift stations. Jack still has
a lift station out that is still operating on a generator; lift station number two. So all those guys that
were out there in the midst of all of that were doing double -duty and thank you to them.
Mayor Featherman — Chief, can I ask you something? Several weeks ago it came to my attention that
there was a break-in in one of the houses. Again has anything been done to find what has happened
there? Chief Craig Hartmann — Yes. We are actually at a very good break on that case. We are
working with the municipalities right now based on that, so it has become a bigger and ongoing
investigation, but some good results, we did return I believe all the property. There may have been a
necklace or something that was still missing, but we recovered all the property in that case and are
still working on several pieces of that investigation. Mayor Featherman — Thank you. I think that it
is important that our residents know they should lock their cars and have nothing in the car itself
because that would prevent also auto break-ins in certain parts of our area here. Well thank you very
much.
Manager Weiser — My other two items. While the storm event did not warrant the use of the Town's
emergency notification system CODE RED, we just want to give a friendly reminder to our residents
to add your contact numbers to the system especially if you have an unlisted number or would like to
add a cell phone number or an email address to the CODE RED system. You can sign up on the
town's website. Trash collection will occur as normal this week. They will be picking up debris and
bulk items on Thursday. Please place at the curb and adhere to the size and weight requirements that
are also available on the town's website.
Mayor Featherman — Town Manager, have our Commissioners received special identification pass in
cases of emergency that they can come on the island? I know I received mine, I am wondering if all of
M you folks... ana`ger Weiser — Yes, there is a system for the town elected officials and the various
managers of all of the condominiums. If it was such a big storm that they would need to keep people
off the island, that they are identified so they can come back on.
Town Commission Workshop Minutes
August 28, 2012 Page 20 of 21
11. CONSENT AGENDA
None.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Carl Feldman, 3210 S. Ocean Blvd. — A little disappointed in the response to Ordinance 12-005 by the
Commissioners. There was a complete disregard for the 200 people that signed the petition. Vice
Mayor, I am sorry but 200 people are a lot of people. I don't know how many people you spoke to,
but for us to get 200 people it was a lot in three days. I am willing to say the first of the year we will
probably have three thousand people signing a similar type petition. My question is to the town
attorney. If something does happen, is there anything we can do as citizens of this town, once this
vote was taken to spend whatever you want to spend. What makes me a little nervous is when you
give three commissioners, any three commissioners, the right to spend any amount of money in the
future, 10 years coming; they can probably bankrupt this town. I agree with a little bit of what
Commissioner Sheridan said putting a limit somewhere and tying it to something, but tying it to
nothing as you know when you go out and spend money with a blank check that is bad. Town
Attorney, is there anything here we can do as citizens in this matter? Well on this matter in the future.
Town Attorney Torcivia — Do you want me to respond? Mayor Featherman — Yes. Town Attorney
Torcivia — If the Town Commission passes this ordinance, it does amend the charter and from that
point forward the Commission would have that authority as most other towns have. The only other
real remedy would be another charter change at some point in the future. The way it is structured this
would be the Charter and the normal checks and balances would apply. You would have to approve a
budget, it would have to be something within a budget, it would have to be a vote of the Town
Commission, and so you have all of the other checks and balances that exists throughout about 90% of
the towns and cities in the state. Mr. Feldman — So if the town comes up with a plan or the
commissioners come up with a plan for a new boat for the intracoastal because they want to slow
down or do whatever and it cost $2 million, and they can just spend it then, if three commissioners say
they want it. Town Attorney Torcivia — Well I don't want to get into commenting on speculation of
what might happen. Mr. Feldman — Speculation, yes. Town Attorney Torcivia — In general, the
Commission would have the authority as they do now except there wouldn't be a limit. Mr. Feldman —
There would be no limit, and if they had to they could raise the millage up to 10%, which would then
raise the budget up to "X" amount of dollars, and they can run free. I just wanted clarification on that,
thank you. Town Attorney Torcivia — As do most other towns, again this is very common as the
Charter Committee looked at Manalapan, Ocean Ridge, and all the other coastal communities. They
have the same state-wide restrictions as is being proposed. Mr. Feldman — But I think the only thing
with this town being a unique, small town and the people that we have heard from in this town have
said that they like a say in what we do. That is why they kept the limitations on for the years that they
kept it on.
Town Commission Workshop Minutes
August 28, 2012 Page 21 of 21
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:
Bernard Featherman, Mayor
C
Ron wn, Vice Mayor
D
Trinley,
Dennis J. ShMdaru Commissioner
P.
ATTEST:
B er=4'�
D/ �---
Date