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2012.11.06_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, November 6, 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; Police Chief 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. — Regarding the proposed Ordinance and Resolution for the establishment of a Campaign Free Zone on Town property, I think it is a good thing but we should have some limitations. I think we should limit it to signs but not to buttons, shirts or stickers on cars, especially if we are visiting the Library because I believe you are limiting free speech to the people if you go that far. I would like to know how this proposal came about since I thought signs were always prohibited on Town property. Town Attorney Torcivia — I want to address this by saying that this is limited to the Chambers and Town Hall. It does not affect the Library or people driving into the back because there are First Amendment limitations but there are limits that government can place on those places that business is being conducted such as the Town Hall. Town Commission Regular Minutes _November 6, 2012 Page 2 of 8 3. PRESENTATIONS There were no presentations scheduled for this meeting. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Read into the Record C) Board Vacancies: • Board of Adjustment & Appeals — Two Appointments D) Monthly Board Meetings • Beaches & Shores Advisory Board — November 13th — Cancelled • Planning Board — November 14t' - Cancelled ■ Bd. of Adjustment — November 20d` - Cancelled ■ Code Enforcement Board — November 21 st — Cancelled ■ Thanksgiving Day Holiday Town Hall Offices Closed — November 22nd and 23`d 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) RESOLUTION NO. 12-008 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A POLICY ESTABLISHING TOWN COMMISSION MEETINGS AND TOWN HALL AS CAMPAIGN -FREE ZONES; PROVIDING FOR SEVERABILITY AND CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Town Attorney Torcivia — This Resolution only applies in these Chambers and Town Hall itself and prohibits the display and wearing of campaign material in the Town Hall, and it does not encompass someone who drives into the Library area. Bumper stickers are allowed on cars parked in the parking lot but once you walk into Town Hall that is the campaign free zone. Discussion: None MOTION: Commissioner Trinley moved to approve Resolution No. 12-998 R with a second by Commissioner Sheridan. Town Commission Regular Minutes November 6, 2012 Page 3 of 8 ROLL CALL: Commissioner Trinley - Yes Commissioner Sheridan - Yes Commissioner Stern - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 5 to 0 vote 6. NEW BUSINESS None 7. MISCELLANEOUS — ITEMS LEFT OVER: A) Establish a Budget for the 2012 "Light Up the Holidays" Event. Town Manager Weiser — Because it is late in the year it will be simpler than the one you had before and you also used the Cultural Board funds that were left over for that event. If you would like to have this event we would guesstimate that a budget would be up to $1200.00. DISCUSSION: Commissioner Stern — I don't know if $1200.00 is a bit too small; $1500 to $1800 might be better. Town Manager Weiser — We don't have a lot of time to do much so basically what we are looking at is some entertainment, refreshments and chairs. Commissioner Sheridan — I feel the same. Limiting us to the $1200 could be a problem. I realize it would be more simplified then we had in the past but I would also like to see a base of $1500. Commissioner Trinlev — If it could be done for $1200, hooray but I think it should be done for whatever it costs. Vice Moor Brown — I think we should have it and I am not sure that $1200 is enough but I don't know what the top end should be. If we look for local talent between $1200 and $1500 should be enough. Commissioner Trinley — The Seagate Chorus does not exist anymore. MOTION: Commissioner Sheridan moved to allocate $1500.00 for the "2012 Light Up the Holidays" event, with the funding being allocated from the Reserve for Contingency Fund from the General Fund. Motion seconded by Commissioner Stern. ROLL CALL: Commissioner Trinley - Yes Commissioner Sheridan - Yes Commissioner Stern - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 5 to 0 vote Town Commission Regular Minutes November 6, 2012 Page 4 of 8 Commissioner Sheridan and Commissioner Stern volunteered to co-chair the event. Town Manager Weiser — In addition to the $1,500.00, you are approving overtime for the employees that we will have to bring in for this and tentatively we are looking at Monday, December 10t' at 5:30 p.m. 8. REPORTS — TOWN COMMISSION: A) Commissioner Louis P. Stern — I would like to thank you personally for "Coffee With The Mayor" yesterday and putting out the funds to bring together so many of our fine people in our Town and to have Steve Abrams our County Commissioner speak at great length and give us a lot of insight. B) Commissioner Dennis J. Sheridan — No Report. C) Commissioner Doris J. Trinley — I would like to comment on the beautiful job our Engineers made on the aerial view of our Town that is hanging in the entrance way to the Town Commission Chambers. Also, does anyone know where the plaque is of the names of those that contributed to the trees of the greening of A I A event that took place in the 1990'? Chief Hartmann — I will be putting it back up. D) Vice Mayor Ron Brown — No Report. E) Mayor Bernard Featherman —1) I attended the Advanced Institute for Elected Officials on October 26th and 27th. It covered how we can become more effective as Municipal Officials; how we can create finance opportunities; building our city's team which we have done very successfully and on Planning because we have now a Strategic Three -Year Plan. 2) We had over 80 people attend the "Coffee with the Mayor" yesterday. Commissioner Steve Abrams was there to discuss what was going on in the county. He indicated that he was going to look into the beach erosion which was a major concern of the residents. We talked about the hurricane conditions and how it affected people. Carol Stern talked about the calendar and it is a first. It was also explained that the Town of Highland Beach cannot do anything for those people who are affected by a hurricane who own property on the ocean since it is a private beach and it has to go through a procedure. 3) We visited the offices of our Town Attorney and I would like to congratulate him for the beautiful addition he has put onto his office. 9. REPORTS — TOWN ATTORNEY: I want to thank everyone for attending the function at my office this past week. Town Commission Regular Minutes November 6, 2012 Page 5 of 8 10. REPORTS — TOWN MANAGER: With consensus, you have cancelled the December 25 h Commission Workshop meeting which is Christmas Day. The Regular Commission Meeting is on January 1" which is New Year's Day. Do you want to cancel that meeting or pick a different date? By Consensus, the Commission agreed to another date. The Town Commission Regular meeting will be held on January 8, 2013 at 1:30 p.m. MOTION: Commissioner Stern moved to accept January 8, 2013 as the regular Town Commission meeting at 1:30 p.m. with a second by Commissioner Sheridan. ROLL CALL: Commissioner Stern - Yes Commissioner Sheridan - Yes Vice Mayor Brown - Yes Commissioner Trinley - Yes Mayor Featherman - Yes Motion passed with 5 to 0 vote Regarding the Palm Beach League of Cities hosting the luncheon in March of 2013, I asked some of the small coastal community cities if they would like to participate with us. Unfortunately, they already host a luncheon with Atlantis. I would like your direction on moving forward with hosting that luncheon in March. MOTION: Vice Mayor Brown moved that we host the Palm Beach League of Cities luncheon on the proposed date in March 2013. The funds will come from our Reserve for Contingency Account from the General Fund. Commissioner Sheridan seconded the motion. ROLL CALL: Vice Mayor Brown - Yes Commissioner Sheridan - Yes Commissioner Trinley - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion passed with a 5 to 0 vote. A reminder that we are collecting non-perishable food items for Boca Helping Hands through November 16'h and cash donations are also accepted. 11. CONSENT AGENDA Mayor Featherman asked if any item needed to be removed from the Consent Agenda? Town Commission Regular Minutes November 6, 2012 Page 6 of 8 Town Clerk Brown read the Consent Agenda into the record: A) Appointment of Elyse Riesa to the Beaches & Shores Advisory Board for a three-year term (12/12 — 11115). B) RESOLUTION NO. 12 — 006 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES IN FLORIDA'S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS. C) Authorize Purchase of a Replacement Drinking Fountain in front of Town Hall from Most Dependable Fountains, Inc. in the Amount of $2,890.00 plus shipping. D) Cancellation of the December 25, 2012 Commission Workshop Meeting. E) Approval of Minutes September 7, 2012 - Budget Public Hearing September 20, 2012 — Budget Public Hearing September 25, 2012 — Workshop Meeting October 2, 2012 — Regular Meeting F) Authorization to fund membership with the Boca Raton and Delray Beach Chambers of Commerce for 2012-2013. MOTION: Vice Mayor Brown moved to approve the Consent Agenda as presented with no changes; seconded by Commissioner Stern. ROLL CALL: Vice Mayor Brown — Yes Commissioner Stern - 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 Town Commission Regular Minutes November 6, 2012 Page 7 of 8 Mike Ferrara, Boca Highlands — I would like to know if anything has been done about waiving fees for building permits for those homeowners who had damage due to Hurricane Sandy. Town Manager Weiser — We did not need to declare a State of Emergency because the Department of Environmental Protection did so. We looked into waiving those fees. However, most of these people have insurance that covers the inspection fees so if you do waive those fees, that money is going in their pocket and you are going to have to cover the cost of the personnel out of the General Fund. Our recommendation to you would be on a case to case basis if they don't have insurance. The State has been here and will be back this week. They have already issued permits on the spot and are allowing us to issue permits for walkovers. John Sorrelli, Coronado — We have a serious problem especially now that season is here. We must do something about parking. Yesterday at the Mayor's Coffee at least 16 cars left because there was no parking. We also had the same problem at the Friends of the Library function. People are very angry because of the parking situation. Mayor Featherman — You and I talked about having people park at St Lucy's parking lot and have some type of golf cart transport them back and forth to the Library. Commissioner Stern — It would be wonderful if St. Lucy's would permit us to do that but I fear that the golf cart to transport people would not be a safe vehicle and there would be an insurance issue. Maybe we could look into a trolley service. Delray may have an extra one and perhaps they could loan us one for the eight to ten functions we have during the year, for a nominal expense. Commissioner Sheridan — I can speak on behalf of St. Lucy's and we would be happy to cooperate with the Town as long as it does not conflict with any of the activities of the Church. I am sure that the Town would provide us with their liability insurance that we would require on a Diocesan level. Commissioner Trinley — Mr. Sorrelli, do you have any ideas on how we can fund this parking since this is the biggest problem we are facing? Vice Mayor Brown — One of the big problems is that the parking problem occurs during a workday. Perhaps we should have functions like "Coffee with the Mayor" in the evening or if they are during the day we should have the Police Department and Town employees park their cars at St. Lucy's and then bring them back at noon after the meeting is over. Mayor Featherman — We have discussed this situation in the past. We have no specific answer for you right now. Mr. Sorrelli — Hopefully somebody will come up with some good.ideas. Mike Ferrara — My suggestion is that perhaps we could have some type of valet service when we have these functions. Town Manager Weiser — This will be a funding consideration. I will ask staff to investigate and bring back funding mechanisms. You have to remember that some of the functions at the Library aren't ours. There are other organizations that are holding functions so do you pass the cost onto them if you do a valet service. I can have staff put the numbers together and bring it back for the next workshop. Mayor Featherman — Perhaps the Friends of the Library can come up with some ideas as well. Ron Clark, 4750 S. Ocean Blvd. — I want to commend on behalf of the management of the Boca Highlands Beach Club Marina and community, the Town Staff, particularly Bill Moore who spent considerable time and effort assisting our management team there with the cleanup at our beach. Town Commission Regular Minutes November 6 2012 Page 8 of 8 Even though Highland Beach doesn't own property, they provided valuable leadership assistance through the employees and actually provided some equipment to help us cleanup the beaches. Thank you to the Town, Bill Moore and Kathleen who I am sure approved his work. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 2:10 PM upon a MOTION by Commissioner Stern: seconded by Commissioner Sheridan. APPROVED: ATTEST: Beverly M. Bown, MMC Town Cle k L Date '4 Be; ZarFeatherman, Mayor Ron wn, Vice Mayor Dori . Trinley, Commis 'o r Dennis J. She an, Commissioner t&A P. Stern, Commissioner