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2012.09.04_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, September 4, 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 REQUESTS Carl Feldman — 3210 S. Ocean Blvd. — First of all I would like to thank the two hundred people who went out of their way to sign the petition in only three days. They wished something for the Commissioners to do and it went on deaf ears. I contacted quite a few of these people and I had to inform them that the petition they signed did go on deaf ears. I informed them of what went on in some of the meetings because they weren't here and some of them were out of town. Commissioners, I would like to know what you have up your spending sleeves. This is very interesting. You voted against holding down the cap to $350,000. Commissioner Sheridan came up with a fantastic idea over here, maybe keeping it for ten percent (10%) of the spending budget; made sense. A "no" vote. Why a "no" vote? That was a million four hundred thousand spending cap. What do you intend on spending in 2013 that is over a million four. I think the citizens are Town Commission Regular Minutes September 4, 2012 Page 2 of 22 really going to get up in arms when they come back because we are going to have another petition. We hope to get three thousand people on the next petition. The Town Attorney said it wouldn't do any good because the vote is in and we have checks and balances. I don't know about the checks and balances on this Commission. I don't see them. It is more like a Santa Claus Commission here and I call it a Santa Claus Commission because at the last meeting, checks and balances, the Town Manager asked the Commission for a half a day off before Christmas, a half a day off before New Year's, let's put them together and give them one day off. That's fine. Well the Santa Claus Commission came back and said one day; let's give them two days. When employees ask for one day, you give them one day. We had a business and if they asked for one day and we were able to do it, we gave them one day. We didn't give them two days when they asked for one. The next question that comes up Monday, Tuesday, Wednesday, they are going to have off now. How many employees are going to take off Thursday and Friday for sick leave, vacation or personal days? They can take two in 2012 and two in 2013. Now Town Hall can theoretically close down for two weeks. I hope you thought about that when you voted your days off. Commissioner Trinley — I would like to address Mr. Feldman's remarks. I have been listening to you carefully, sir and it is my opinion that you distrust not only this Commission but any and all future Commissions. To practice due diligence and to be mindful of the needs and requirements of our community, I don't think our residents are stupid and I don't think any Commission would get away with spendthrifts. I feel badly that you distrust this system. Mr. Feldman — I don't distrust the Commission or the system but when different proposals are given, I don't see why we have to not limit the spending. We had two hundred people who said yes, we would like to put a cap on it. Not put a cap on it but at least have a say in any major spending as it has been done in the last twenty years. Two years ago they wanted to get a fire engine and the Town came forth and they said no. Okay, no, they didn't get the fire engine. You want to rebuild this hall for a million two, a million three or eight hundred fifty, seven hundred fifty, fine. If that is what the citizen's want then that is what we should give them. Then that is what you people are voted in for. I don't say that I distrust you people, I say the people of Highland Beach should have a say in the way their town is run. This is a small town. If you wanted to be like Boca, as a lot of people have said, yes we would like to be like Boca. They don't have any town limit. They raised their millage rate to ten percent (10%) from five percent (5%). In today's paper, the Mayor of Boca Raton gets $9,000. Our Mayor gets $15,000 if we want to be like Boca. The Commissioners get $7,200. Our Commissioners get $12,000 salary. If we brought everything down to Boca we would be saving $25,000. I am not saying that we should do it but I am saying that if we are comparing ourselves to another town, think about it. Comm. Trinley — I never compared this town to Boca. Why should I? This Town is unique. It's in and of itself, incorporated in 1949. What has Boca got to do with it? Mr. Feldman — Exactly, but a lot of these discussions you have had in these meetings people have said the surrounding town does this, the surrounding town does that. We should not take the limits off spending; we should raise our cap to ten percent (10), our millage rate because the other towns do it. People got up here and said, one woman very elegantly said, we are a unique town. We don't have to do what other towns do and that is what we all agreed upon. Comm. Trinlev — Why do you keep mentioning Boca? Mr. Feldman — Because it was in today's paper and Boca was one of the towns we were basing our opinions to lift the cap on spending. Comm. Trinley — Who is we? Mr. Feldman — You, I am sorry not we, the Commissioners. They mention the fact that other towns around here do this, do that. In fact, I think even the Town Attorney even stated the fact that there are no spending caps on the surrounding towns. Comm. Trinlev — Boca Town Commission Regular Minutes September 4, 2012 Page 3 of 22 wasn't mentioned individually. Mr. Feldman — We are just saying Boca because it is the closest to us and it is the biggest town near us. Comm. Trinley — It is the biggest town and we are not a big town or a big city. Mr. Feldman — Exactly, so we could either do things our own way or do them the way Boca does. Comm. Trinley — No, we should do things the way we want to and we should be trusted as elected officials to do our due diligence when it comes to spending our tax payer's money and I think we do that. Sometimes to quote Ben Franklin "A Stitch in Time Saves Nine" and we have to think to the future. Mr. Feldman — I agree one hundred percent (100%) but when people come forth and they say they want something is it your duty to listen to the people or not listen to them. Comm. Trinley — How many people, sir? We are a town of four thousand. Mr. Feldman — In three days two hundred people signed this petition. Three days. Comm. Trinley — That is very laudable but it doesn't equal four thousand. Mr. Feldman — If we come back in January and have three thousand signatures, would you change your mind? Mayor Featherman — Let us get to that point afterwards we have to move on. 3. PRESENTATIONS Town Manager Weiser — I would to present a "Certificate of Completion" to Mayor Bernard Featherman. He completed the Communicating your City's Budget Regional Summit in Boca Raton. This is a workshop that is presented by the Florida League of Cities and their partners throughout the State. I would like to congratulate the Mayor and award him this certificate. Mayor Featherman — This gave me a chance to review budgets and there were things that came up that were really enlightening that would affect us as well so I was very pleased to attend that all day seminar. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Read into the Record C) Board Vacancies: • Board of Adjustment & Appeals — One Appointment D) Monthly Board Meetings • Town Commission Budget Public Hearing — September 7t' — 5:01 PM • Beaches & Shores Advisory Board — September 11 th — 9:30 AM • Planning Board — September 12t' — 9:30 AM ■ Bd. of Adjustment — September 18t` — Cancelled ■ Code Enforcement Board — September 19t` — Cancelled • Financial Advisory Board — September 20t' — 9:30 AM ■ Town Commission Budget Public Hearing — September 20`h — 5:01 PM Town Commission Regular Minutes September 4, 2012 Page 4 of 22 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 12-002 O — SECOND READING AND 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 6-1, "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 6-1279 "CONSTRUCTION," SECTION 6-128, "APPROVAL REQUIRED FOR BULKHEADS, SEAWALLS, RETAINING WALLS; REQUIRED NOTIFICATION OF ABUTTING PROPERTY OWNERS," SECTION 6-129, "INSPECTION," AND SECTION 6-132, "ABATEMENT OF NUISANCES, INJURIOUS OR DANGEROUS CONDITIONS;" ADOPTING ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE AND ADOPTING A PROPERTY MAINTENANCE CODE; REPEALING ORDINANCE NO. 720-A; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 12-002 O, title only, into the record. Mayor Featherman opened up the Public Hearing for public comments. No comments were received. Mayor Featherman closed the Public Hearing. Commission Discussion: None MOTION: Vice Mayor Brown moved to adopt Ordinance No. 12002 0 O on second reading; seconded by Commissioner Sheridan. ROLL CALL: Vice Mayor Brown - Yes Commissioner Sheridan - Yes Commissioner Stern - Yes Commissioner Trinley - Yes Mayor Featherman - Yes Motion passed with a 5-0 vote. Town Commission Regular Minutes September 4, 2012 Page 5 of 22 B) ORDINANCE NO. 12-003 O — SECOND READING AND 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 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. Mayor Featherman opened up the Public Hearing for public comments. No comments were received. Mayor Featherman closed the Public Hearing. Town Commission Regular Minutes September 4, 2012 Page 6 of 22 Commission Discussion: None MOTION: Commissioner Stern moved to adopt Ordinance No. 12-003 0 on second reading; seconded by Commissioner Sheridan. ROLL CALL: Commissioner Stern - Yes Commissioner Sheridan - Yes Commissioner Trinley - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 5-0 vote C) ORDINANCE NO. 12-004 O — SECOND READING AND 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. Mayor Featherman opened up the Public Hearing for public comments. No comments were received. Mayor Featherman closed the Public Hearing. Commission Discussion: None MOTION: Commissioner Trinley moved to adopt Ordinance No. 12-004 0 on second reading; after a public hearing and as read by title only by the Town Clerk; seconded by Commissioner Sheridan. ROLL CALL: Commissioner Trinley - Yes Commissioner Sheridan - Yes Commissioner Stern - Yes Town Commission Regular Minutes September 4, 2012 Page 7 of 22 Vice Mayor Brown - Yes Mayor Featherman- Yes Motion passed with a 5-0 vote. D) ORDINANCE NO. 12-005 O — SECOND READING AND 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. Mayor Featherman opened up the Public Hearing for public comments Al Kraft, 3215 S. Ocean Blvd. — Is this the provision that was discussed by the comments at the beginning of the meeting? Mayor Featherman — Yes, that is correct. Mr. Kraft — It is very hard to know it from reading the title, the particulars of what's in there, and I am not sure that a lot of people in the town do. I can't find anything to disagree with what the speaker said at the beginning of the meeting, Mr. Feldman. I think that the petition he had referenced in the signatures should be considered in some manner as comments to this public hearing that is being held right now. Mayor Featherman — With the exception of two people here, that was voted as three people against it, three Commissioners. They wanted to have a seven percent (7%) of our $10,500,000 operating budget or if it goes to a million dollars then that would be ten percent (10%), it would be a little over a million dollars. Then four people would have to vote on it or else it is not approved and then of course it can go to referendum. Mr. Kraft — The summary I read in the Coastal Star, which I commend for its clear presentation, I think what happened, unless something happened subsequent to that, was that the limit is now ten percent (10%) of the operating budget and above that has to go to referendum; up to seven percent (7%) takes a majority vote; seven to ten percent (7 to 10%) takes a super majority of four. Is that what this does? Mayor Featherman — I believe, now I stand corrected, but I believe that it is a majority vote of three up to seven percent (7%) and if it goes to ten percent (10%) they have to have a vote of four Commissioners. Mr. Kraft — Seven to ten and above ten you need a referendum. Is that correct? Mayor Featherman — I would like to ask our Finance Director. Is that correct? Vice Mayor Brown — No it is not. Mayor Featherman — Would you kindly mention what it is Town Commission Regular Minutes September 4, 2012 Page 8 of 22 because it appeared in the Coastal Star one way and from my understanding, it goes up to ten percent (10%). Town Attorney Torcivia — Mayor, would you like me to address that? I think you haven't read the article. That was a recommendation from the Charter Review Committee. The current proposal is that the Commission has the authority to fund projects without that limit any longer. That $350,000 limit is gone, basically. Mr. Kraft — And there is no limit substituted for it? Town Attorney Torcivia — The limit would be the budget that the Town Commission adopts and the Town Commission's votes on the project. Those would be the limits. Mr. Kraft — In other words any project could be funded for any amount up to the amount of the operating budget. No limit. Mayor Featherman — If we have an operating budget ... Mr. Kraft — Wait a minute, is it ten percent (10%) or not? Mayor Featherman — Yes, if we have an operating budget of $10,500,000, they can put a project through for $1,050,000 ... Commissioners Stern and Sheridan — No. Mr. Kraft — You know it is not clear that you know what you are voting on. Comm. Stern — We do. Mayor Featherman — I am sorry but you will have to let me conduct this meeting. You are correct that it can go up to ten percent (10%) of the operating budget dollar amount. You are shaking your head but this is what I understood. Then the Commissioners could vote four to one to get it through. If they don't vote four to one then, of course, it can go to referendum, I assume. Mr. Kraft — What you just said is that everything needs a super majority and there is no simple majority that can get it passed. Am I wrong? Town Attorney Torcivia — Let me try to simplify it. Those are all the discussions that took place. You are hearing a version of all the discussions that took place at the Charter Review Committee and at this Commission last time but the proposal today eliminates that section completely. There is no ten percent (10%); there is no $350,000; there is no cap other than the budget. You are correct. If there was a two thousand dollar project or a million dollar project and the Commission voted to fund that project. Mr. Kraft — Or a three million dollar project. Town Attorney Torcivia — Theoretically a three million dollar project .... Mr. Kraft — So there is no limit. Town Attorney Torcivia — The budget is the limit. Mr. Kraft — And for that, is it the majority or a super majority involved here at all. Town Attorney Torcivia — It is just the majority. Mr. Kraft — Just the majority. So now it is even worse than what was in the Star. It takes away more rights of the voters then the Star thought it was going to take away. It takes away basically all their rights. Mayor Featherman — There is confusion on that and I tend to agree with you and the reason... Mr. Kraft — I agree with what the gentleman just said. He said there is no limit and all it takes is a simple majority to pass anything. Comm. Trinley — Excuse me, sir. What do you mean by it takes away their rights? Mr. Kraft — It takes away their rights to vote on things that cost $350,000 or more which we have had for many years. Comm. Trinley — It doesn't take their right away to elect officials to fiscally run the town for them and trust them to the right thing. Mr. Kraft — You are absolutely right but it takes away the right that they had up until it's repealed. Mayor Featherman — What you are saying is that it is confusing to the people here. This is the first time I even heard it myself the way you are putting it and people have the right to go to a referendum if it is over a certain dollar amount. We don't have that right now. We should have it. Ten years ago it was $350,000. Mr. Kraft — I understand what it was. I am just trying to understand what it is going to be. No caps, no votes and three people can vote to do whatever they want with the budget. Mayor Featherman — You are correct and I really feel that ... Mr. Kraft — Am I being told that it doesn't take away rights to the voters. Mayor Featherman — It does take the rights away from the voters if things are going to be conditioned that way. Mr. Kraft — I understand it does but I thought the Town Commission Regular Minutes September 4, 2012 Page 9 of 22 Commissioner said it doesn't take away their rights. They still have the right to vote. They had a right before but they don't have a right after this. That is clear. The other thing is earlier when the other gentleman was talking, it was suggested that the voters don't trust the Commissioners. Well I don't agree with that. I don't know the Commissioners and I am sure they are all honest people but you can reverse that and say the Commissioners don't trust the people because they are taking away their right that they had before to give their voice to certain things, not everything. The example of the fire engine was brought up. The town voted on that and they rejected it. I don't know what the count was or anything but now if three people on the Board want the engine, they get it. All those people that voted against it have nothing to say about until the next election and then you can try to figure out what the vote is going to be on every subsequent issue. I remember one time, a small antidote if you have a second, I was going up to the Hill and the Commissioner of the Internal Revenue Service was testifying and the Senator asked him, told him of a problem, and he said to the Commissioner "If we give you that authority can you fix the problem and do you want that authority to fix the problem and he said no. And he said why not? Because, I don't know who the next Commissioner is going to be. He said if you want to give me the authority I will accept it, but I don't want to accept it for all future Commissioners because I don't know who they will be and what they will do." Mayor Featherman — I would like to say something. Commissioner Trinley and I voted "no" to have renovations done here for the Police Department but there were three people who voted against it. Every person has the right to do it. We have elected people who should do what they feel is right for the town and the people and I believe the residents come first in everything. I will have to agree with you there. Mr. Kraft — If there were no need for referendums you would never need a referendum on anything. You would just let the elected people do what they want and I think this definitely takes away the right and it disparages the thinking and the participation of voters to get involved on big issue items. It was bad enough before the amendment that the gentleman just explained to me that there was going to be some limit and even with that limit things could be bifurcated; they could be separated and you could avoid the limit easily and that would be for everybody to see. But now you don't have to do that. You just get three people and say: "Well, we are spending other people's money, let's go." Mayor Featherman — Let me ask you something. Since this is a public hearing do you think we should have a dollar amount put in? If we put in $350,000 for the last ten years we should increase that to say a half million dollars. Mr. Kraft — It is something to consider. I am not opposed to increasing it. Mayor Featherman — Do you feel we should hold off on this specific one? Mr. Kraft — I think it should be defeated not held off but I can see the writing on the wall now. If they were balking at the ten percent (10%) with up to seven and seven to ten and then only have a referendum over I can see the writing on the wall if there is no limit, I know where that is going. Mayor Featherman — Unfortunately, the people are not coming back who own condos and homes here ... Mr. Kraft — Well I think the gentleman made a substantial contribution by collecting those signatures in a couple of days by a large number of people. There are not that many voters in this town. Mayor Featherman — You are correct and we appreciate that. Mr. Kraft — Three is the number now. Mayor Featherman — It is not written in stone yet because we still have to vote on it. Mr. Kraft — After this vote, it is done. Is that correct? Mayor Featherman — That is correct but we could postpone it if they are wise enough to do it. Mr. Kraft — You could try. Town Commission Regular Minutes September 4, 2012 Page 10 of 22 Jerry Marshall, 1088 Bel Lido Drive — I am here for the first time after hearing these two gentlemen talk about this subject and some talk amongst some Bel Lido residents. I know most of the people on the Commission for many years. Unimpeachable integrity, I would trust any of them with this proposed change but I won't obligate myself to follow people who, in the future, may pick up a rascal or two and use this to their own personal benefit. It is too wide open, too dangerous myself that I think this is much, much further then you really want to go. Everything I heard about it now and I remember when this $350,000 had never been abused. We all had conscientious Commissioners and we do not know what is going to happen tomorrow. Do not give anyone an open checkbook. Rachael Scala-Pistone, 2917 S. Ocean Blvd. — I love all the people here and I don't want to hurt any of them but I agree with this young man that has agreed to come here and really say what I think all the rest of the people feel and myself This is our town. You have to represent the people of the town and there was no representation in that conversation. I will say no. Mayor Featherman closed the Public Hearing. Commission Discussion: Commissioner Sheridan — I would ask my fellow Commissioners to reconsider the adjustment that I made to this Ordinance last week and if they don't have it with them I am sure Bev has a copy of it or we can get a copy of it. I think what the public has said here is that they don't want to give free rein with no cap and I am totally in agreement with that. I am also in agreement that it must be raised and my suggestion was ten percent (10%) flat ten percent (10%) of the budget at that time. Commissioner Stern — We got backed into this corner of no limits because of the way the voting went the last time we had our discussions on the various options and I was not happy that it was an open pocketbook, open/shut book. I was never happy with it and I am still not happy with it but in order to get away from a dollar number of three fifty or five hundred or a convoluted seven percent (7%) and then ten, it got too confusing. I concurred, and I was one of the two votes that voted for the ten percent (10%) last time and I concur again with my fellow Commissioner that we indeed should put a ten percent (10%) limit on the expenditure on our capital budget. That is my feeling and I hope that the rest of the Commissioners are hearing me and will join in. Vice Mayor Brown — I think when we look downstream we still need this ordinance to go through and that is with no limit. Commissioner Trinley — I think I changed my mind. I will go along with the ten percent (10%). Mayor Featherman — I would say that we should not vote on this today because over two hundred people signed a petition that they wanted to have a referendum before large amounts of monies are spent. With ten percent (10%) that means you would have ten percent (10%) of $10,500,000 today; if it goes up ten percent (10%) next year it would be $1,100,000 and so forth. Town Commission Regular Minutes September 4, 2012 Page 11 of 22 We had for the last ten years $350,000. We are better off having a set dollar amount, and perhaps even keep to the $350,000 as a token, because people want to know what they are spending here and they have a right to and have a right to say whether they want to or not. I think what we are doing here is taking it away from them by adding ten percent (10%) across the board. I don't think that is right because we are still facing today very difficult times out in the world here in America. We face increased taxes; we face a raise in taxes on our homes which is going through now. We have other things going on with foods and so forth. Half of our people here are probably retired and living on set incomes as well. So, we have to have some semblance of what we are going to spend regardless of what we spend it for. Things came up with the walkway for $850,000. Things came up with the fire engine for about $875,000. I spoke to a former Mayor who is a Captain of the Police Department who said we don't need a new fire engine. That fire engine could last ten to fifteen years and this is what I am told. This is what I see we are spending. We raised the millage already and it will be substantial when it goes through. I know right now they have the millage figured at 3.72 and yet they have working now 3.92. You know every time we are raised on money, if you have monies in the reserve fund and now we have an emergency fund which was started as well about a year or two ago, we have monies but it doesn't mean we have to spend it right now. If we have a hurricane coming in here and it really affects us, we will need that money. Vice Mayor Brown — I would like to call a question. There is a resolution on the table we need to vote on. Mayor Featherman — I will go by Roberts Rules of Order because you asked that. I will call for a motion. MOTION: Vice Mayor Brown Moved to adopt Ordinance 12-005 O on second reading as amended by Commissioner Sheridan. Commissioner Stern — I will second that motion Discussion: Mayor Featherman — How much is that amendment. Commissioner Sheridan — Ten percent (10%) across the board. Vice Mayor Brown — Above that it goes to a referendum. Town Attorney Torcivia — Would you like me to read it? Commissioner Sheridan — I would like that read please. Town Attorney Torcivia — Section 2.01 of the Charter, Subsection 30 would say Funding limitation — any single project requiring an allocation of more than ten percent (10%) of the Town's General Fund Budget in any given fiscal year shall not be funded until the purposes and amounts of such allocations shall first have been approved by a majority of votes cast in an election of qualified electors residing in the Town. The rest of the section is unchanged. ROLL CALL: Vice Mayor Brown - Yes Commissioner Stern - Yes Commissioner Sheridan - Yes Commissioner Trinley - Yes Mayor Featherman - No Motion passed with 4-1 vote. Town Commission Regular Minutes September 4, 2012 Page 12 of 22 Resident — May I ask a question. Vice Mayor Brown — No you cannot. Mayor Featherman — Pardon me, I am the Mayor and if you want to go by Roberts Rules of Order ask me. Don't do it yourself because you have done that several times in the past. I am sorry. E) ORDINANCE NO. 12-006 0 — SECOND READING AND 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 12-006 O, title only, into the record. Mayor Featherman opened up the Public Hearing for public comments. Al Kraft, 3215 S. Ocean Blvd. — Could you please state what the existing law says and the amendment and how it would change it so we can better understand what is being voted on. Town Attorney Torcivia — The current State Law provides that all municipalities in the State have what is called a 10 mill cap. The Town of Highland Beach had self-imposed a limit of 5 mills. This would eliminate the 5 mill cap which would go to the default would be the 10 mill cap of the State Law. You would be in line with all other or 99% of all other municipalities in the State that has that 10 mill cap. There may be one other that has a self-imposed limit that I am not aware of. Mayor Featherman — Could you give us the percentage on that so he would know what you are talking about? Mr. Kraft — I understand. Again, this is just an open-ended escalation of the amount that the Commission can collect to raise the operating budget by just raising the millage, and that would increase the power of giving them the last thing that was voted on and it is the same sheep with different clothing. Comm. Sheridan — Why is that an open end? It restricts it to 10 mills. Mr. Kraft — Right now it is 3.9 and you are going up to ten. Comm. Sheridan - That is restricted at that point. Is it not? Mr. Kraft — That's right I take it back. It gives you a restriction of ten percent which you haven't reached half of. Comm. Sheridan — And we probably will not reach it. Mr. Kraft — But it will give you the right to more than double. Mayor Featherman — Each year they have been going up .15%. This year they have gone up almost triple that. That would answer your question or close to it. How much is the actual amount? Town Clerk Brown — This is the first year we have gone up in five years. We've gone down. Mayor Featherman — No I am talking about it jumping up to 3.9 something where we normally went to .15%. Commissioner Sheridan —We have not gone up over the last four years in the town. The County could have raised it but not the Town. Mayor Featherman closed the Public Hearing Town Commission Regular Minutes September 4, 2012 Page 13 of 22 Commission Discussion: None MOTION: Commissioner Sheridan moved to adopt Ordinance No. 12-006 O on second reading; 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 a 5 to 0 vote. 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. Commission Discussion: Commissioner Trinley — I have a question of Jack Lee. Since most of the condominiums already have backflow preventers, does this apply mostly to single family homes? Public Works Director Jack Lee — This mainly applies to the condominium, anything over three floors. Single family homes are not affected by this unless they are hooked up to an auxiliary water supply. There are only two in the town that I know of that are hooked up to wells that could possibly backflow into our potable water system and contaminate it. They do have backflow preventers on them. This just gives the town staff authority, we have Bill and Pat trained in cross connection control, that if we are next door and we see something that looks like a cross connection we could knock on the door and ask that resident if they would mind if we looked at their water system. If we saw a cross connection control that we thought was a threat or a hazard to our potable water system then we could ask them to make a correction to that water system or add a backflow preventer on there. There really is no change. We are not going to be Town Commission Regular Minutes September 4, 2012 Page 14 of 22 going out checking single family homes or anything of that sort. There are some potential contamination sources on high rises like condos. Fire lines are a good example. That water sits in those lines for months, years and it is stagnant. They have to have backflow preventers on there so that if we lose pressure it would keep that contaminative water from getting back into our system. We have two cooling towers on top of condos. There really is not going to be any change. We are not going out there to add any additional expense to the homeowners. It just gives us the authority, if we see what we might determine to be a hazard, we could go look at it. Commissioner Sheridan — Jack, you had mentioned previously that if there were any new private homes being built they would be required to do so. Director Lee — That is what the Building Dept. requires at this moment. I believe it is an ordinance. They require all new construction to have backflow preventers on them. MOTION: Vice Mayor Brown moved that Ordinance 12-007 O be approved on first reading and scheduled for a second reading and public hearing at the October 2, 2012 Regular Commission Meeting; seconded by Commissioner Sheridan. ROLL CALL: Vice Mayor Brown - Yes Commissioner Sheridan - Yes Commissioner Stern - Yes Commissioner Trinley - Yes Mayor Featherman - Yes Motion passed with a 5 to 0 vote. 6. NEW BUSINESS None 7. MISCELLANEOUS — ITEMS LEFT OVER: None 8. REPORTS — TOWN COMMISSION: A) Commissioner Louis P. Stern — I have one small report, sir. At our last workshop, I gave a dissertation on riprap to help against damage to seawalls. I found out from Jack Lee that the project that the county and state are doing in Highland Beach will be putting stones, but only in the mangrove area to protect the mangroves. Riprap for seawalls requires the use of two kinds of stones, only coral and granite. They are using concrete rubble, so I need to again ask the building managers to look into riprap. If they are worried about their seawalls Town Commission Regular Minutes September 4, 2012 Page 15 of 22 and to have a barge brought in at their expense have either the coral or granite placed in front of their seawalls, which will indeed protect their seawall. Thank you. 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 do want to say something. Mr. Carl Feldman presented at a past board meeting a hand written letter sent to the person or persons soliciting the selection of two commissioners by Commissioner Sheridan. After the election of March 2012, at two successive board meetings, Commissioner Sheridan and these two elected commissioners he sent the letter to got approved would not approve two charter appointees by Mayor Featherman even though both were well qualified for the Charter Commission. Since that time, Commissioner Trinley and Mayor Featherman voted for a referendum for approval of a $750,000 renovation, which they did not want and that included the Police Department and this unit here of our meeting. The architecture's fee would run an additional $42,000 plus new computers plus furniture and other AV expenditures not yet estimated. Plus change charges that could run maybe up to 20% more of the full amount. Each was separate for bid. But I've had experience in building in the companies I have owned, and it could run considerably over $1 million when done. Commissioner Trinley and I voted against it; the other three commissioners voted for it. Now in 2011, the Police Department wanted a change to their facilities and I believe we paid $12,000 architectural fees and the renovations were estimated to run over $100,000. It was not approved that year. In lieu of all this, I am directing our lawyer to present the letter shown by Mr. Feldman that he wanted to be given to the Ethics Commission of the Palm Beach County for their opinion. Along with this request, the minutes of all of our monthly workshop meetings and our Tuesday Commission meetings should be included, which are the first Tuesday and the last Tuesday of each month since March 2012 with a letter. That is the first one. The second one I want to talk about is we had someone that wanted to us to pick up one-half of the employee's salary in the Code Enforcement. Now I am still concerned about this because when I made a notation of it, we split 50150 on the incomes that we subcontract this out to a Wisconsin firm. So we picked up all the cost of one and half employee's payroll, the phones, the literature, the printing in the office and so forth. If he wishes to put the employee full-time instead of half-time, let his subcontract firm pay for it. Why should we pay for it? We paid for all types of office furniture there up till now. I believe that we are not in the business to make money on our residents but to take care of the things that need to be done; therefore, I would like to have this concern brought up at our budget meeting as well as our next meeting. That is all I have to say at this time. Report from the Town Attorney Glen. Vice Mayor Brown — And I have no report sir. Mayor Featherman — Pardon sir. Vice Mayor Brown — I said I have no report sir. Mayor Featherman — You said that you didn't have. When I asked you, you said no report, so I thank you very much for saying it. Town Commission Regular Minutes September 4, 2012 Page 16 of 22 Commissioner Trinley — Sir, can I have a little more information on the first part of your report that had to do with the Ethics Commission? Mayor Featherman — I am sorry. What? Commissioner Trinley — Would you give us some more information on the first report you gave that had to do with the Ethics Commission? Mayor Featherman — Yes. We will have our attorney contact them with the form that Mr. Feldman showed us at that meeting. We are going on now to the report of the Town Attorney. Attorney Torcivia — Mr. Mayor, I am not sure I understood that either. Are you requesting Mr. Feldman file something with the Commission on Ethics or are you requesting that I file something? Mayor Featherman — No, I said you should file it for Mr. Feldman that is correct. He has the form; he wants to send it. Commissioner Sheridan — Lets ask Mr. Feldman to come up and inform us as to what he plans on doing. Commissioner Stern — We have no idea what you are saying, sir. And not one word do I understand what you just said. Vice Mayor Brown — Nor I. Mayor Featherman — I am glad that you fellas all think alike there. Carl Feldman, 3210 S. Ocean Blvd. — I don't know what you are talking about Mayor to be honest with you. This form that you are saying I... Mayor Featherman — Well you showed a letter that was sent. Mr. Feldman - No that wasn't a form. You are talking about a letter when you were running for — no, when Kelvin was running there was a letter sent out, an anonymous letter. Mayor Featherman — No, I am not talking about that. I am talking about when at a meeting you showed a letter that was sent by Commissioner Sheridan that ...-Mr. Feldman — No, that was something entirely different. That was a letter sent out by Commissioner Sheridan telling his friends that he would like them to back... Commissioner Sheridan — That is correct, sir. Mr. Feldman — At the time, I asked the question, by sending that letter out were you going to be black block voting. Not black — block voting. Mayor Featherman — That's correct. Mr. Feldman — And Mr. Sheridan said absolutely not. Commissioner Sheridan — Absolutely not. Mr. Feldman — But that was not... Commissioner Sheridan — An Ethics problem? Mr. Feldman — I didn't think we were presenting to anybody at that time. Moor Featherman — Well let me put it a different way then. Since you showed that. Mr. Feldman — Yeah. Mayor Featherman — And I have seen them turn down people as a constant vote of three. Mr. Feldman — Well they turned me down. Mayor Featherman — Well forget that. I would like that letter sent to the Ethics Commission and also our minutes to see if there has been block voting. Mr. Feldman — Okay. I don't know anything about that. As far as the other thing, I don't know. I am lost at that. Mayor Featherman — I hope you understand that Mr. Attorney. Attorney Torcivia — The question I really have is that if I am going to be sending something for the Commission then I am going to have to request a vote of the Commission to do that. Mayor Featherman — Right. That is correct. Attorney Torcivia — I think based on what Mr. Feldman was saying he wasn't requesting an Ethics... Mr. Feldman — No, I wasn't requesting nothing. But I am not sure the letter that is being discussed the one that Commissioner Sheridan sent out was a letter asking his friends to vote for two particular people and if they did vote for them, it would make his job a lot easier. I ask the question, by sending that letter out, were you going to be block voting and he said absolutely not. The mayor now is saying they are block voting but that is nothing Town Commission Regular Minutes September 4, 2012 Page 17 of 22 to do with me. Mayor Featherman — Let the record check when they go through our minutes to see how they voted. Mr. Feldman — That is whatever that is. Commissioner Sheridan — But don't we have a right to vote the way we want to vote? Commissioner Trinlev — Yes. Moor Featherman — You certainly do but when someone says to support, if I remember correctly now, I would like to get a copy of that that you have Mr. Feldman. It said to support him in that letter. I would like to see that because it is very odd that we have votes that are coming from three people constantly. Commissioner Sheridan — I would hope that some of the people that had elected me would give me some support. Commissioner Trinley — Sir, how can you prove such a thing as block voting? They happen to be seated the way they were elected. I don't understand. How can you "prove that"? What would it mean? Mayor Featherman — I would just like the Ethics Commission to look it over. Commissioner Stern — I would venture to say sir that you will find more 4/1 then you will find 3/2. Mayor Featherman — That is not the question I am looking for. Commissioner Stern — Yes it is. Commissioner Sheridan — The question is it has got to go before the Board. Mayor Featherman — Did they vote constantly in a block vote or did they not? That will tell from the letter they sent out and the Ethics Committee will look at it. I would like that sent our sir. Commissioner Sheridan — You need direction from the Commission, do you not? Mayor Featherman — No you don't. Vice Mayor Brown — Yes he does. Commissioner Sheridan — Yes he does. Vice Mayor Brown — Yes he does. Commissioner Sheridan — You are only one commissioner, Mayor. Mayor Featherman — No, I am the Mayor. Commissioner Sheridan — You are a commissioner. You have an equal vote. Mayor Featherman — Let me tell you something the way it was sent and the way you folks have been voting I don't think the residents are hearing about this letter or what's going on. Commissioner Sheridan — They can hear and I will show them the letter. Mayor Featherman — I want to get an opinion from the Ethics Commission. Commissioner Sheridan — We just said to you that the attorney said that you have to have a vote from the Commission to submit it to the Ethics, is that not true sir? Attorney Torcivia — Yes. It would be the Commission taking action just as if Commissioner Sheridan directed me to do something, I would have to politely decline. Mayor Featherman — Let me ask you something. Can I send it in under my own name? Attorney — Yes. Mayor Featherman — Alright. But I would like you to prepare that and I'll send it out. Commissioner Sheridan — I am telling you to be very careful what you do also. Mayor Featherman — I am very careful, sir. Mr. Feldman — Mr. Mayor, are you referring to the other letter that was sent out? There was a second letter sent out that was anonymous. Was that the anonymous letter? Mayor Featherman — No, that one I did send to the Ethics Commission. They couldn't do anything because it wasn't signed. Mr. Feldman — That's what I thought. Mayor Featherman — That's correct. Mr. Feldman — Ok. Attorney Torcivia — If I could try to help out here a little bit, I know that things get a little heated sometimes. Just looking over the past few months of voting, first off, I don't think there is any ethical issue frankly that the Commission on Ethics would be interested in. I have worked with that Commission before and I was involved in helping them get started. More importantly, I think the most recent vote is really going to put a damper on anything like that. At the last meeting, Vice Mayor Brown proposed going with the flat — the no on the charter no limit at all, no cap. Commissioner Sheridan and Stern wanted the 10%. They were outvoted by Vice Mayor Brown. Now at this meeting, Commissioner Trinley changed her vote and they Town Commission Regular Minutes September 4, 2012 Page 18 of 22 came along and then he came along, so to me its policy -making at its best. It is the give-and- take, the back -and -forth. Whether it is Congress with Republicans and Democrats, or whether it is locally you have kind of a back -and -forth. Based on the arguments the citizens have made, I saw two commissioners today change their mind from last meeting. Mayor Featherman — You will prepare that letter for me, please as our lawyer. I want to send that off with that letter that he has shown at our meeting. Attorney Torcivia — Again, I am not sure... Commissioner Sheridan — What meeting was this at? Mayor Featherman — When we get the information together we will tell you. Commissioner Trinley — I have a question of the attorney. Sir, you asked him to send it on your behalf. Now will it be sent on your behalf as Mayor or on your behalf as a citizen of the town? Mayor Featherman — I will talk to the attorney on that and give you an answer afterwards. Commissioner Trinlev — I think if it is as the Mayor, then again we need to go back to a vote of the Commission. Mayor Featherman — I feel that the letter should be sent out, and I would like you to write it up and if you want to make any comments on that you can. I don't tell anything but the truth! Commissioner Sheridan — You are inferring that I did not tell the truth. Mayor Featherman — I did not infer anything that way. I want to know what the Ethics Commission looks at that letter you sent. Commissioner Sheridan — Let's decide... Mayor Featherman — Let me ask you something did you send it to more than one person? Commissioner Sheridan — Yes I did. Mayor Featherman — Where did you get the list from? Commissioner Sheridan — I don't know what list you're talking about. From my personal friends, probably. Mayor Featherman — Where did you get the list from? Commissioner Sheridan — It was probably my personal friends. Mayor Featherman — We will talk on that sir. Commissioner Sheridan — But I still want to know if it is going out in the name Bernard Featherman or whether it is going out in the name of the mayor of this municipality. Attorney Torcivia — My dilemma is that I only represent the body. I don't represent anyone individually. I could not draft a letter for Commissioner Trinley, you or Vice Mayor Brown. I could draft a letter on behalf the Mayor & Commission if the Commission as a body votes to do that. But otherwise, you could have five commissioners directing the attorney to do five different things. Commissioner Sheridan — That's correct. Attorney — So, you really need, I would suggest a consensus to send any type of letter. Otherwise, again you would have astronomical legal fees because you would have every commissioner saying send a letter says black, another one saying white, another one that says yellow and another one that says green. I would be happy to write five letters and send five kids to college that I don't even have, but that's not economical for the town. I'm trying to save money for the town frankly Mayor. Mayor Featherman — That's good that you will. They deserve it. Alright going on to the next thing, we have a report by the Town Manager Weiser. Town Commission Regular Minutes September 4, 2012 Page 19 of 22 Vice Mayor Brown — Isn't there an accusation on the floor right now? That we are violating... Mayor Featherman — You are out of order sir. You are out of order. Vice Mayor Brown — Well that's okay because you have been so far out of order it's pathetic. Mayor Featherman — Is there a policeman here that will take him out of the place? If you are going to listen to Robert's Rules of Order, you will let her talk and you don't have to talk any further. You asked me at the time and you didn't make a statement. Town Manager, please make your statement. 9. REPORTS — TOWN ATTORNEY: 10. REPORTS — TOWN MANAGER: Town Manager Weiser — No report. Mayor Featherman — No statement? Okay, thank you. Commissioner Trinley — Sir, I would like to know what is the result of the discussion we just had about your request. Mayor Featherman — You actually had a chance to talk Commissioner Trinley. We can talk afterwards if you want to. We have to get this thing through right now. Town Clerk Brown — That would be a violation of the Sunshine Law if you did that. Mayor Featherman — Yes. Will you kindly talk about the Consent Agenda? 11. CONSENT AGENDA Town Clerk Brown read the Consent Agenda into the record: A) RESOLUTION NO.12 — 003 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A SCHEDULE OF FEES AND CHARGES FOR THE TOWN BUILDING DEPARTMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE B) Town Commission to Authorize the Mayor to Sign One -Year Agreements for Dental and Vision Group Insurance. C) Town Commission to authorize a transfer of $15,707.00 from the General Fund "Reserve for Contingency" line item #00 1 -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. D) Town Commission to Ratify the Town Manager signing the Bid Proposal submitted by Globaltech in the amount of $96,742.00 for replacement of the R.O. Plant Chemical Town Commission Regular Minutes September 4, 2012 Page 20 of 22 Supply Line. E) Town Commission authorizes changes in the Defined 2012 Holiday Schedule, only, to include a full -day paid holiday prior to both Christmas New Years for all full- time employees. F) Approval of Minutes July 31, 2012 — Workshop Meeting August 7, 2012 — Regular Meeting August 7, 2012 — Budget Workshop Meeting Mayor Featherman — Thank you very much. The Public Comments right now. Is there anything related to... Commissioner Stern — We have to vote on that, sir. Mayor Featherman — It doesn't say it here to vote. Ok. Now we will ask for a motion and a second to accept the Consent Agenda. MOTION: Commissioner Stern moved to approve the Consent Agenda as presented with no changes; seconded by Vice Mayor Brown. ROLL CALL: Commissioner Stern — Yes Vice Mayor Brown — Yes Commissioner Trinley — Yes Commissioner Sheridan — Yes Mayor Featherman — Yes Motion passed with a 5-0 vote. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Al Kraft, 3215 So. Ocean Blvd. — I was wondering if anyone could explain to me the procedural ramifications of when a bill or amendment to the Charter is proposed. There is a first reading and then at the second reading there is a significant change to the amendment. Does the second reading still count as the second reading no matter how significantly it was changed or should that become a first reading? Could someone just explain it? Town Attorney Torcivia — It is a good question but in this case on this second reading this very issue was debated and discussed at the first reading. This ten percent (10%) was actually proposed as a motion at the first motion and was defeated 3 to 2. Then the no cap amendment passed 4 to 1. So today's discussion is right in line with the first reading. This whole idea of what cap should be there. It is not like they went off in left field and did something completely different so I believe it is appropriate. With the second reading this ordinance/Charter amendment would become effective. Mr. Kraft — So at the first reading it was significantly changed from caps to no caps and at the second reading it was significantly changed to put back a cap and it is all the Town Commission Regular Minutes September 4, 2012 Page 21 of 22 same. Town Attorney Torcivia — All of the discussion revolved around that same issue. It is just like saying you are approving a budget and this budget is $1.00 today and $1.50 the next time. Mr. Kraft — I understand that. Comm. Sheridan — I had passed out an amendment. Mayor Featherman — That is a good question though. It is spoken like a lawyer. If it has changed and gone back again then I think we should have another reading on it. Mr. Kraft - That is for you to decide. You have a great legal counsel to tell you. A general question, if there were ever a Charter amendment proposed to be put on the ballot by the people by referendum, I assume there is some way to do that the people could put a proposed amendment on the ballot. Is that possible? Town Attorney Torcivia — I haven't researched that specifically for Highland Beach. In general, in the State, there are. There are laws that are talked about proposing amendments. Mr. Kraft — So in general if they put a provision, say contrary to what was enacted today on the ballot by the people however many signatures they need, it gets on the ballot. Unless you put a poison pill language in that could that be reversed by three votes to the Commission the day after it was enacted by the people? Town Attorney Torcivia - Let me kind of back up maybe, if you don't mind, a little bit of Charter Review because when we first started this there are two ways to change a Charter in the State of Florida. One is by referendum and one is by ordinance. I don't know if you noticed that the very first Charter amendment on today's agenda is going to referendum. All the other ones are by the vote of the Commission. The reason for that is the legislature back in 1973 set out about eight items that have to go to referendum so if you affect any of those eight items it has to go to referendum or if something was voted on by the people at some point that specific item has to go back to referendum. All the items that were approved today, for example the $350,000 cap, which we researched, that was never approved by referendum. That was self-imposed by the Commission by ordinance just as now they are changing it by ordinance. Arlin Voress former Mayor of Highland Beach — Something happened today that really disturbed me and that was when the Mayor asked to meet with Doris Trinley, as a Commissioner, to find out something. That is against the law. If you want to meet with one of the Commissioners you must have an advertised pubic meeting and if you ask her to do something like that you are asking her to break the law and that really troubles me. Manor Featherman — This is really a public meeting and I think while we can't talk to the Commissioners individually we can state it to the people here, and that you should know Mayor that it was stated to the people and I hope the people heard it out there. Mr. Voress - I think what I heard you say, and you correct me if I am wrong, that: " later on I will talk to Doris Trinley and get this settled". I believe those were the exact words and I think we should... Mayor Featherman — She wanted an explanation of what I said and we have an agenda here to follow and we are following the agenda. It is just as simple as that. I haven't spoken to her yet. Mr. Voress — And if you do you will be breaking the law. Moor Featherman — I certainly won't be breaking the law I can tell you that Mayor. Mr. Voress — I will ask the Town Attorney if you would break the law if you sought her out to speak to her privately. Town Attorney Torcivia — Only if a Commissioner spoke to another Commissioner in private about a topic that is going to be on the agenda. Yes, then they would break the law. Now if they met to talk about where they were going to go for breakfast or how the Yankees did last night then that is a different story. Mr. Voress — I am not worried about that. I am just Town Commission Regular Minutes September 4, 2012 Page 22 of 22 worried that here we have a town official asking one of the other elected officials to take an action that is against the law. Mayor Featherman — I am sorry but you are incorrect and I didn't ask her to break the law and I am not breaking the law. I don't know what your agenda is. I didn't say anything in front of anybody here. I just said I will speak to you later and that doesn't mean I am going to speak about that topic at all. You assumed it sir but it's incorrect. Mr. Voress — I have been involved in the Sunshine Law, I could tell you that and I could tell you if she did that she and you would be in court. Mayor Featherman — You are assuming something but it hasn't happened sir. Mr. Voress — I just wanted to warn you. Mayor Featherman — Thank you very much I appreciate that. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 2:50 PM upon a MOTION by Commissioner Stern seconded by Commissioner Sheridan. APPROVED: v A, Bernard Featherman, erman, ayor Ro rown, Vice Mayor DoDorA M. Trinley, Co i er Dennis J. SheMan, an, Commissioner �, ) ,. D A ,. uis�. Stera(Commiss%ner ATTEST: everly M. Arown, MMC Town Cled Date /