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2012.11.27_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION WORKSHOP MEETING Tuesday, November 27, 2012 1.30 PM Mayor Bernard Featherman called the Workshop Meeting to order in the 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 D. Weiser; Deputy Town Clerk Valerie Oakes; Police Chief Craig Hartmann; Finance Director Cale Curtis; Public Works Director Jack Lee; Library Director Mari Suarez; Assistant to the Town Manager Zoie Burgess; Police Officer Paul Shersty and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a moment of silence. Civility Pledge: The Civility Pledge was recited by the Deputy Town Clerk. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman called for any additions or deletions. Receiving none, the agenda was accepted as submitted. 2. PUBLIC COMMENTS AND REOUESTS: Al Giachetti, 4211 S. Ocean Blvd./Bel Lido Drive — I am here to see what kind of plan the Town has because the shoreline of Highland Beach has been irreversibly changed perhaps forever unless we intervene somehow. We have tried through the state level, the city level, the county level and they say you are going to get the effect of Delray and Boca Raton. That is not working anymore because we have been a sore tooth and now the storm is here and common sense will dictate that this sore tooth came to AIA. We have spent, since this last Commission, another couple of hundred thousand and restored our dune, and then the high tides in November have took is away again. Everybody says it is a private beach and we don't understand why it is a private beach because when I wake up on Saturday morning and look out my window and see somebody walking their dog and kids are playing and screaming that they woke me up, I can't call the police and tell them to get off my beach. They walk up from Spanish River; they fish on Jap Rock and I guarantee nobody there is a Highland Beach resident. When I pull out of my driveway there are a Town Commission Workshop Meeting Tuesday, November 27, 2012 Paze 2 of 17 hundred bicyclists going down AIA, so how is this private? Everybody on the other side of Highland Beach has the right to use the beach so how is this private. It is only private when it is my problem to restore it but it is public everywhere else. The State, if I am not mistaken, in the 80s ruled that the State owns between high tide and low tide. I read everyday in the paper that Delray already has a committee going, they are spending ten million dollars. Boca Raton is working with the Army Corp of Engineers. This morning I forwarded to the Mayor who was kind enough to call me at home last night that Brevard County is mobilizing the whole County. There are so many guard -gated communities in Brevard County. How are they getting the funds? The amount of taxes that we pay for this three -mile stretch, just on the ocean, of services we don't use. I don't understand why there is nobody to fight for this Town. This has been a great Town because it is a little town but it is time to fight for us. It is time for somebody to say, "This is our tax base, this is what we do ". Because what is going to happen next and I am going to tell you, my dune is destroyed again. We are in the beginning of the northeaster season and if we get another northeaster, AIA will be under sand just like you see in Brevard and St. Lucie County. You will have bulldozers up and down AIA. Then is it a public problem. If you haven't walked the beach and taken a look, this is our reality. The other thing that I don't understand is that the south shore of Highland Beach got decimated more where I am and I sent the Mayor a picture this morning. When Boca Raton replenished their beach two years ago, that barge sat in front of the Ambassador and in front of all our properties and sucked our sand and sent it to Boca. How do I know if that is not why our beaches are even more depleted then it is? Are we going to have to get attorneys and start suing everyone? We are all at our wits end and there are a lot of people here that are going to tell you the same thing, and that is what we are prepared to do. The permit to build my buildings was $150,000. We paid almost $500,000 in taxes, six people for the past five years. That's two and a half million dollars. We just spent $150,000 putting back the dune, which is gone again. When is the Town going to stand up and fight for us? We would like an answer. Bob Krembil, 4211 S. Ocean Blvd Unit #1 — I agree with everything Al has said. I am a recent homeowner at that site. Unfortunately, I had the misfortune of buying a month or two before Sandy hit and I would echo Al's comments on tax rates. I love the place, I love the location and I bought it in spite of the very high tax rate. I guess when something like this happens what we are really looking for is sympathy for sure, but also some help in accessing funds to restore as much as possible to what it was before Sandy arrived; whether it is from the Town, help with the county and also help with the state. Irwin Zaizoria, 4211 S. Ocean Blvd. Unit #3 — Our beach is decimated and it is up and down the coast of Florida, not just Highland Beach. Other communities and other civic leaders are getting involved and are doing something to replenish their beach. They are working with the Army Corp of Engineers; they are going to FEMA; they are going to the state and they are trying to get money. My question to this Commission is what are you doing to help this community replenish the beach, which may not ever come back? My next question is that we don't have a lot of services other than Police and Fire in this town. We pay a tremendous amount of taxes up and down this two- and -a -half to three -mile stretch of Town Commission Workshop Meeting Tuesday, November 27, 2012 Paze 3 of 17 property. Where is that money going and how much of that money that is going to the county are we getting back to Highland Beach and how is that being appropriated? I would like to see somebody be appointed at this City Hall level to find out and discuss with the other boroughs to our north and our south what they are doing; how they have contacted FEMA; how they are proceeding to replenish their beach and how they are looking at funding that. We don't have schools in Highland Beach; we don't have a lot of services. We are paying an absorbent amount of money and I would like to see where that money is going. I would like an accounting of that, has it been discussed? I would like to see it discussed. How we can float a bond to help replenish these beaches? If you have driven down to Ft. Lauderdale like I did over the weekend, you can see what has happened to A 1 A and how Ft. Lauderdale is mobilizing. Now clearly they have a larger budget then we do. A solution with the Army Corp of Engineers as to how they can fix the retaining wall that was destroyed and the Atlantic Ocean sand is now on northbound AIA. If we don't react we are going to have a serious problem here. Part of the income that is generated in this Town is by virtue of the tax structure. If our beaches are not put back to the way they were before Sandy, our tax structure is going to go down. The revenues in this city will go down because people who sell their homes will have to sell it at a lower price and consequently that will in turn have an effect on your tax structure. I want to live here for many years. I bought this home to retire here and spend the rest of my life here; but certainly the way the beaches are, I can't enjoy the beaches, nor my family, nor the other residents on the east and west side of Highland Beach. I would like to know what this Commission is prepared to do to fix, hire somebody or appoint somebody to work with the state and the county to get some resolution for this city. Sam Spiegel, 3921 S. Ocean Blvd — I think the issue here is that Highland Beach is a town of around 12,000 residents and this is a matter that effects all of the residents. In the condominiums on the west side of AIA because of the beach access, they need to be able to get to the beach and to walk the beach and enjoy the beach. With the high tides that have resulted recently, it is very difficult to do it. It is almost an obstacle course. There are levels of the ocean that come up so high that you cannot walk along the beach. The concern that I have is the additional flooding that can occur with the ocean coming over AIA. This happened after the storm. We have a potential situation where we are a barrier island and we would actually be cut off since AIA is our only way in and out of Highland Beach once you go over the Spanish River Bridge. I think it is important for the Town to be pro- active on the issue where we can research and speak to the other communities, which have been dealing with this issue. Hillsboro Beach in Broward County went through a beach restoration and shared this with Deerfield Beach. There would be people to talk to there as well as Delray Beach and Boca Raton. We also have the other issue with the nesting of the turtles. With the high tides, if this had happened during the turtle- nesting season they all would have been wiped out. Due to the turtles being an endangered species and all the other environmental issues, it becomes even more important to be able to make sure we have an adequate beach area that will continue to be a safe haven for the turtles, which is an important part of our community. The tax revenues are very critical. If the property values are compromised due to the ocean encroachment for the homes on the beach as well as the condominiums and homes with beach access, we risk property values declining which will result in higher taxes to the residents because we have a certain budget to meet. It is very important that we explore all the avenues. It is going Town Commission Workshop Meeting Tuesday, November 27, 2012 Page 4 of 17 to take engineering and working with and trying to understand what other communities have done. Fortunately, we have communities to the north and south of us who have dealt with these issues. I believe back in 1984 the Town of Highland Beach had actually taken steps to create some type of artificial reef with seaweed. It was a process that occurred at that time. I am not sure of the results but there were steps taken back then. This should be number one on the agenda to protect the community and have safe beaches. Not only has the high tides reduced the amount of frontage that we have but in addition to that the level of the sand has gone down by about six feet exposing all kinds of rocks and boulders and liability issues are present. I believe one of the issues is that these are private homes on the beach and why would we want to commit dollars to protect private homes. The answer to that is that the beach access is for everyone and more importantly, you have the additional area of AIA that is a public road. During Sandy, the water came onto AIA and made part of the road impassable. Building up the beaches is critical to prevent having the overflow of the ocean onto AIA. This deals with the issue of private property versus public roads and the ability to pass through those roads. Gary Gosnell, 4715 S. Ocean Blvd — While I lost some beach I understand and over the years it comes and goes. I have great sympathy for those who lost more beach than I. After the storm, we saw a phenomenon where the debris in the ocean went over the dunes and got trapped between the seawalls and the dunes. After many hundreds of man-hours of hand picking that debris we removed approximately seven tons of debris. There was everything from steps to lifeguard stands to tree trunks to tires and it goes on and on and on. When we reached the point of small stuff, it was very dirty garbage. Along came our beach cleaner with a mechanical device used to clean our beach. In speaking with the man, he informed me that he could not go into the dune to clean stating that if he touched a blade of that grass the State of Florida would take away his license. In answer to my question, he told me that he worked for a gentleman named Mark Taynton. I called him and he did not answer his phone and I continued to call him every fifteen minutes for the next three hours and no one picked up his phone. I then called Town Hall and asked to speak to the Mayor. After speaking with the Mayor, he referred me to Kathleen who told me that there was no hope and he could not enter the dune. I asked if I could be issued a permit so my guy could come in and rake this out instead of spending another three or four hundred hours handpicking this. Kathleen indicated that it could not be done. There is nothing the town could do. So far I have spent three hours on the phone with you folks; written a three page letter to you folks; met with Kathleen for a brief period of time; met with the Mayor for a brief period of time; and I have attended this meeting. Other than polite conversation, this collective government of the Town of Highland Beach has done nothing to solve a commonsense issue of do we want trash on my beach or our beach, or do we want me to pay more thousands of dollars to handpick, or can a beach cleaning service come in and take one swipe, clean the stuff up, dump it in the dumpster and it is over, at which time I would be happy to plant the sea grass. My problem is that I believe it is time for the government, you collective group, to assist us. Instead of saying we can't issue a license; we can't do anything; we can put you in contact with the appropriate people who don't even answer their phones, it is time for you guys to say let us take the crisis by the proverbial hand and try to solve the situation. Issue a permit and let a guy come along and clean the beach. I want you to do something. This is a crisis to many people. I don't think you can do a whole lot in Town Commission Workshop Meeting Tuesday, November 27, 2012 Page 5 of 17 restoring the sand other than begging for money. You should work on it. If a dumpster should fall over and dump trash on the street, you would call someone to pick up the trash. I am just telling you that our beach is a filth situation. You can't walk from my home to the beach without stepping over the filth. I don't want you to pay one nickel of your funds. I will do it. I will pay a beach cleaner to do it. I simply want him to be able to do his job and not be scared to death that he is going to get fired from the State of Florida with his contract to clean beaches. I want to avoid the wrong way to clean it by hand picking it, etc. and let a piece of machinery come in, pick up the trash, take it away and restore the beaches to whatever beautification we can. Jason Brodsky, 4517 S Ocean Blvd — I went through this ten, twelve years ago. Doris was here at that time. I was asked by the Town to get 600 signatures; my ten - year -old son and I did that and got 800 signatures. The Town asked me to go to Coastal Engineering and reduce their price from $50,000 to under $5,000 so it didn't have to go to the Town. I did that, spent months working on this, but it all fell on deaf ears and one day I just gave up. We lose more sand then what comes back. Fifteen feet of dunes is never coming back. What is going on with Milani Park? I thought that would entitle us to get some federal or state monies but nothing has happened with that. What goes on here in this town and why can't we get this beach done? Other towns do it even though they know that the sand will be washed away. They deal with the fact that the sand is going to be washed away and deal with the fact that it costs money, but they just do it. It may seem foolish to some people to spend that type of money but as I said, in ten or twelve years, this town will not be called Highland Beach it will be called Beach because there won't be any highlands, there won't be any dunes and there will be nothing like that. I lived here for twenty -two years and am tired of having a guy come and rebuild the stairs lower and lower where I have so many stairs under the ground and they are all wet now because it keeps hitting the water. Nobody has ever given the right answer except let's get the money and do it whether we have to do it through a bond or taxes, we need to get the money and if we have to do it every ten years, we do it every ten years just like everyone else does; Delray, Boca Raton, etc. Doris, doesn't this sound familiar? It's the same thing from years ago. Nothing has ever changed. I love living here like everybody else does but at the end of the day I am not going to stand out there and get 800 signatures like I did at that time and the Commission voted against it. This is a small town, let's work together. Mayor Featherman — I have a -mails from several residents and phone calls. I have been working on this for about six days. I first went down to Ambassador's South and I was there the night when the waves were coming about 22 feet over the retaining wall. I have talked to people; in fact, I was at Gary's house the day when the man was afraid of losing his permit. It is a deep concern, and I want to thank Officer Paul Shersty for taking me on the beach buggy to inspect the entire beach. The southern part of Highland Beach was affected seriously. I personally attended a Boca Raton meeting where they spoke about monies that they can get from the U.S. Army Corp of Engineers and FEMA, up to forty million dollars, but it is all for public not private facilities. Our Town Manager Kathleen Weiser is making arrangements to get a permit if you need it. You have to have papers signed for it but we can get one to clean it up. We cannot get one for fire where you could put wood things in it and burn it. It is illegal in our Town. However, the next town up does have arrangements for bonfires and if you want to get a permit there, you can to bring it down here. We have looked at what we can do and quite frankly our hands are tied. We have spoken to Town Commission Workshop Meeting Tuesday, November 27, 2012 Page 6 of 17 the people such that has mentioned here today with the Palm Beach group and if it isn't a public arrangement there is nothing much they can do because they have had such terrible calamities and we too have it here in Highland Beach. We really want to help in any way we can and we will. Anything we can do to help you here, give you guidance on filling out forms and locating sources we want to do that. We are serious about this because it is affecting you, our residents, who we represent and my heart goes out to you when I see things like this. I have spent a lot of time out there talking to people, visiting people, going out to the sites and we know what you are facing right now and it is not a good time for it. Town Manager Kathleen Weiser — I am going to address some of the things that have been said and you may not like some of the things I say but I am just going to put some of the facts up there. Before I do, I want to have the Attorney talk about using public funds for private beaches because we are limited in what we can do with that. Yes, people can walk along the beach and we have been on the phone with the State and the Federal Government, there is no public beach access. There are no parks that give people access to the beach that are considered private. When they do a cost sharing for beach nourishment, you have to have that public access such as they are doing in Boca and such as they are doing in Delray. These beach nourishment projects have been planned long before Sandy. This isn't some kind of reaction to Sandy. They have public beaches opened to anybody. They get public money for those particular purposes and they will not cost share in a project with us because they are considered public beaches. There is no magic bullet that is going to keep Mother Nature from taking the sand out. The comment about 12,000 residents, we have 4,000 residents. There are about 3500 units. There was talk about putting a bond out. Could we do that, absolutely? Does that have to go to the vote of the public to do that, absolutely? You would need a vote and just rough figures, for every unit that is taxed, such a project like that would be, and again these are off the top of my head, $3,000 a unit to do such a project. So you know the numbers you are talking about and getting voters to approve that is a political thing and is something the people can talk about. Town Attorney Glen Torcivia — Kathleen is correct. Private beach/public beach has been a battle that has been fought for years and years and years, State Legislature, Congress. Essentially when you have what is called a private beach you are responsible for it unless someone like FEMA will come in and perhaps make some improvements; but generally speaking you have to have public beach access. What that means is someone can walk across your front yard to your backyard to get to your beach whether it is an easement, a five foot long path. When they get there they can put up an umbrella, beach chair, lay a blanket down and sunbathe on your beach. That's the tradeoff. If you are looking to get funding from the federal or state government, I don't know how willing they are at this point because they are probably overwhelmed with requests, you probably could make a request and come up with a plan that says I am going to allow beach access. The state might require you to provide a parking spot for the people. I don't know what the State will require to give you funding since it is really a money issue. There are a lot of restrictions that can be done on a private beach. You could do a bond issue. Delray has set aside money for a number of years and has a regular beach replenishment program. If the people of the Town want to vote and say we are going to assess ourselves or tax ourselves a certain amount to build up that kind of a fund that's democracy, that's the vote of the people. Town Commission Workshop Meeting Tuesday, November 27, 2012 Pau 7 of 17 Michael Bryant of Coston Marine Services INC — We do beach erosion and restoration projects dredging up and down the coast. I had a meeting with Mark Taynton of DEP and talked about Highland Beach. As you stated earlier, it is a private beach. They currently don't have funding with FEMA or any other agency to give public money or any kind of grants available to allow you to pull money from the government to help fund the restoration of your beaches. If you work out something with the government, you will have to make an agreement with the State to relinquish your ownership of your private beaches to the State. Then you would have to go through the State to regulate your decks, your dune walkovers and you basically give up all your rights to the beach. I don't think any of you want to do that. You still want to maintain your ownership of the beach. Right now, your ownerships go out to the high water mark on the declaration on the current surveys. Mayor Featherman — On the ocean project you are working on, am I correct in saying 500 truck loads of sand. Michael Bryant — Yes, about 10,000 tons. You are looking at about 35 to 50 dollars a ton. Mark Taynton will be in this area sometime today. Al Giachetti — We accept the fact that it is a private beach. What is the story with Milani Park? Doesn't that have to become a beach in a certain amount of time? Commissioner Stern — It is five years with a five -year option for renewal by the County. So it is ten years before you see a beach there. Al Giachetti - There is public parking on Spanish River Blvd. Highland Beach is 300 feet north of Spanish River Blvd. I don't see a security gate that says you can't come to this beach it is a private beach. You can park on Bel Air Drive, walk across the street and access the beach just like hundreds of people do. We are a fairly affluent community. When we wanted to put up a Library did we say we would not do it without federal funding? You found a way. If you say every resident in this town is going to be assessed $3,000, I could tell you that everybody along the ocean is going to go for it. If it has to be done every ten years, you get a bond. What are you talking about, $500 a year assessment. Why can't you do that? Town Manager Weiser — You could but again it has to pass a referendum of the entire town. Al Giachetti — Then I am asking this Council to put together a referendum and I will help you if you need to get another 800 signatures. It has to be done because anybody who lives on this side and doesn't live on the ocean does not understand that the next storm will be on A 1 A. There is going to be a lot of damage and it will be on this Town's hands because they are doing nothing. Michael Bryant — I know everyone is concerned about the beaches continuing to pull the sand away but actually the beaches have come back about three or four feet. It won't repair what was lost during the impact and I have not seen a storm like this in my lifetime and I was born and raised here. Some of the dunes that were fifteen feet high will only be replenished to the bottom three feet of the dunes. You will not get the restoration to the top. You will have to bring that in somehow. The beaches were a couple of hundred feet wide now they are only forty to fifty feet wide. Hopefully in time, it will come back. Town Manager Weiser — There seems to be some kind of notion that we are not doing anything. We are on the phone with other communities and DEP on a daily basis. Our Town's Debris Management Contractor will be here tomorrow. They provide us with a cost associated with the Town Commission Workshop Meeting Tuesday, November 27, 2012 Page 8 of 17 damage and also some ideas on what we could do for disaster response. I have been in touch with a Coastal Engineer to get costs together on what it would be to hire a Coastal Engineer to come in and give us some ideas on the costs of such re- nourishment. The County does have dune restoration services that municipal agencies may piggy -back off of. However because we have private beaches, it is a legal issue as to what we can actually piggy -back off their particular contracts, but it is something we are looking into. We have contacted drudging services in different areas on what they are doing along the coastline and what the other communities are doing. Again we have different parameters in the fact that it is a private beach. Mr. Gosnell, you received a call within a half hour after I contacted Mark Taynton. I just want to say that we are where we can be being a liaison, getting on the phone and getting DEP down here. They issued field permits. We cannot issue permits on the beach because we have no jurisdiction over the beach. What we can do is where DEP is needed, we are getting on the phone with them and having them come down here and getting them in touch with people as much as we can. Right now they are dealing with the whole coastline. Gary Gosnell — I think what we are hearing is a call to action on your part. If Mark is coming here on Thursday, have some type of system so the citizens can tell you that this is what we want to do and acquire the permits for us. You meet with Mark and tell him that I want a permit to clean the debris off my property. Town Manager Weiser — I cannot sign a permit. Gary Gosnell — I am asking that you create a list of the things that the citizens want done on their property since Mark is not going to return all of our phone calls. This way you can sit down with Mark and tell him what permits are necessary to accomplish all of the things on the list that were presented by the citizens. You need to be our Ambassador through this maze of government that we don't seem to be getting anyplace with. Sam Spiegel — We spoke about the Delray project that is going to happen in February. I would ask the Town Attorney about the possibility of piggy - backing off of that project to see if we would be able to get in touch with the contractor that is doing that work and see if it is possible to get around the loophole of the private issue because Delray has public access. With regards to the referendum, I say let's do it. As a result of this meeting, let's put it to a vote, do what we need to do in order to get this thing moving to the next step. Mayor Featherman — I will refer this to our Town Attorney. We have all been putting in a lot of time and we are very serious about working with our residents. We want to serve you and do it right. Town Attorney Torcivia — If we are talking about the Town adopting a program where there is perhaps a bond issue in an election and money set aside then you really wouldn't be piggy- backing off somebody else's contract for a couple of reasons. First, their contract was put out a long time ago. By the time all of that passes and the money is available some of the engineering may be obsolete. More importantly engineering in coastal projects are unique. You can't engineer Boca the same way as you do Delray, Highland Beach. Every foot of sand is different so you would have to go back out and get a specific engineering study done for Highland Beach because why would you want to put a square peg in a round hole if you are spending millions of dollars. You want to make sure the shoe fits just right. It is doable but it all comes back to money and if the citizens want to tax themselves to restore the beaches. Town Commission Workshop Meeting Tuesday, November 27, 2012 Paize 9 of 17 Jason Brodsky — How much is the cost to do this? I remember in the late nineties it was two to three million dollars to do it. Town Manager Weiser — We don't have the numbers and that is why we would be looking for a Coastal Engineer to come in. This is a rough guesstimate but I am guesstimating eight million. To do a beach nourishment project it could take up to three years not three months. You have to get all the surveys, all the permits because if you don't get the right sand there it goes right out into the water. It is a long drawn out process. Carl Feldman — 3210 S. Ocean Blvd. — We have a situation in the Town that is a safety problem as well as a liability problem and I am referring to the walkways. I know in this year's budget you approved $75,000 to fix the walkways. I walked the walkways today and nothing is being done. You have holes, you have drop offs and some areas have some serious drop offs. People could break their ankles or whatever. Some of the walkways are only three feet wide and some are six feet wide. We have to address this problem immediately because of the liability part we know the problem is there. We have had people fall and they haven't sued but I am afraid the next people that fall will sue. I want to ask the Town Attorney if we know there is a problem, will the insurance company back us on a trip and fall not a slip and fall. We approved the money and I don't know why it is not going forward. Jack Lee, Public Works Director — That money has been appropriated in the budget. We have been waiting until after the holidays to get started on the refurbishment of the walk path. They are working on the header curb project right now. As soon as they get through with that, I will push them to get going on the walk path. Mayor Featherman — Is there any way we can get started on this soon since we are subject to liability of someone suing us. Director Lee — We do have insurance and our insurance company has dealt with some cases in the past. I don't think it will be before the first of the year. It is going to take them about a week to finish up the header curb project and I will have to check with Kilbourne & Sons to see what their schedule is and see if they can get in there before Christmas and do it. I will check into it and let the Town Manager know. Carl Feldman — Is there any way we can put up some warning signs where we have the serious problems? Maybe you can put up some cones or some red paint markings so when people are walking they will visually see it. Director Lee — If the Commission would like us to do that, it can be done. Mayor Featherman — Can we put up some signs? Director Lee — We will have to get in touch with the sign company and have those signs made. They are going to charge us. Ma nor Featherman — Are we looking at a couple of hundred dollars for the signs? Director Lee — At least. It would be per sign. Vice Mayor Brown — If we put up signs, where are they going to walk? Now you are going to run them out on the road or the grass. I don't really think it is that imminent. We've been talking about this for seven months now. I think we can go ahead and orderly do it; not stick a sign up and say go to the other side or walk on the beach. Mayor Featherman — I think we should do everything we can to do something to advise our residents about their safety. If we do have a problem where there are big holes and they can trip, we should put a sign there. Director Lee — There is what they call a cold patch, which is asphalt that you can buy at Home Depot. I can have my guys go out where these holes are and tamp it down for temporary purposes until we can get Kilbourne to come out here. By consensus, the Commission agreed to have Director Lee cold patch the holes in the walk path. Town Commission Workshop Meeting Tuesday, November 27 2012 Pa a 10 0 17 3. PRESENTATIONS • None. 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • No Report C) Board Vacancies: • Board of Adjustment & Appeals — Two Appointments • Beaches & Shores Advisory Board — One Re- Appointment Interview: Linda Albertson — 3224 S. Ocean Blvd., Unit #515 Mrs. Albertson — My family has lived here since the late 60s. I have lived here as a permanent resident for seven years. I have served on the Beaches & Shores and would like to be re- appointed for another three years. After what I heard today, it might become more exciting then it has been in the past. By consensus, the Commission agreed to place the appointment of Linda Albertson on the December 4, 2012 Consent Agenda. D) Monthly Board Meetings • Beaches & Shores Advisory Board— December 11 — 9:30 AM • Planning Board — December 12' — 9:30 AM • Bd. of Adjustment — December W h — 9:30 AM • Code Enforcement Board — December 19' — 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) RESOLUTION NO. 12 -007 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 11 -009 R WHICH APPROPRIATED FUNDS FOR THE 2011 -2012 FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2011 AND ENDS SEPTEMBER 30, 2012. Deputy Town Clerk Oakes read Resolution No. 12 -007 R, title only, into the record. Mayor Featherman called for discussion from the Commission, hearing none, asked for a consensus to place the item on the consent agenda. By consensus, the Commission agreed to place Resolution 12 -007 R on the December 4, 2012 Consent Agenda. Town Commission Workshop Meeting Tuesday, November 27, 2012 Page 11 of 17 B) RESOLUTION NO. 12 -010 R A RESOLUTION AMENDING RESOLUTION NO. 1986 -483 TO AMEND THE SCHEDULE OF FEES FOR POLICE FINES AND OTHER ADMINISTRATIVE FEES; PROVIDING FOR AN EFFECTIVE DATE. Deputy Town Clerk Oakes read Resolution No. 12 -010 R, title only, into the record. Town Manager Weiser — This resolution accomplishes what the Commission voted to do in the budget, whereby, we would increase lien search fee from $25.00 to $150.00. It also adjusts our police fines for disabled parking. Mayor Featherman called for discussion from the Commission, hearing none, asked for a consensus to place the item on the consent agenda. By consensus, the Commission agreed to place Resolution 12 -010 R on the December 4, 2012 Consent Agenda. C) RESOLUTION NO. 12-009 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPOINTING PALM BEACH COUNTY SUPERVISOR OF ELECTIONS SUSAN BUCHER , OR HER REPRESENTATIVE AND THE HIGHLAND BEACH TOWN CLERK, OR HER REPRESENTATIVE, TO THE TOWNS' CANVASSING BOARD AND AUTHORIZING SUSAN BUCHER, OR HER REPRESENTATIVE TO REPRESENT THE TOWNS' CANVASSING BOARD FOR THE GENERAL MUNICIPAL ELECTION OF MARCH 12, 2013. Deputy Town Clerk Oakes read Resolution No. 12 -009 R, title only, into the record. Mayor Featherman called for discussion from the Commission, hearing none, asked for a consensus to place the item on the consent agenda. By consensus, the Commission agreed to place Resolution 12 -009 R on the December 4, 2012 Consent Agenda. 6. NEW BUSINESS A) Commission to Authorize the Mayor to Sign a Contract with Susan Bucher, Palm Beach County Supervisor of Elections for the March 12, 2013, Highland Beach Municipal Election. Deputy Town Clerk Oakes explained that each municipality holding a municipal election is required to sign a Vote Processing Equipment Use and Elections Services Agreement for each election cycle. Town Commission Workshop Meeting Tuesday, November 27, 2012 Page 12 of 17 Mayor Featherman called for discussion from the Commission, hearing none, asked for a consensus to place the item on the consent agenda. By consensus, the Commission agreed to place the authorization on the December 4, 2012 Consent Agenda. B) Commission to Approve Amendment No. 2 to the Tower Siting Lease Agreement and Authorize the Town Manager to Sign the Agreement. Town Manager Weiser — This is amendment no. 2 to the tower siting lease agreement with Sprint Spectrum. Director Jack Lee will provide the background on this item. Director Lee — December 14, 1998, the Town entered into a tower siting agreement with Sprint Spectrum, LLC. Originally, they paid the Town $100,000.00 up front and there was an annual fee that they would pay the Town $25,000.00 per year. The agreement has an automatic renewal clause that renews the agreement every five years. The Town requested that they relocate their equipment from well no. 8 to inside of the elevated tank. The Town Manager and the Town Attorney at the time provided a negotiated amendment to the original contract and that equipment was relocated. Sprint has requested to upgrade some of their equipment on the elevated tank. The equipment is mostly antennas, cabling and some other items. There is no cost to the town; it will be all paid for by Sprint. I have reviewed it and it does not appear that it will interfere with the operation of the water tower or our communications. If it does, the contract states that they have to make changes. I sent the consent order to the attorney's office for their review. They felt is should be put as an amendment to the original contract that was provided by Sprint. It was sent back to us for execution and that is what we are recommending that the Commission approves the upgrade to their equipment. Commissioner Stern — Is there any financial benefit to the Town? Director Lee — Provision no. 5 in the original contract reads the following: "Improvements and Changes: Subject to prior written consent by the Town, SSLP may, at its expense, make such improvements and changes to the Site as it deems necessary from time to time, consistent with the operation of a transmitter site for PCS wireless communications and/or its routine maintenance and repairs, provided such improvements and changes result in no interference with rights of others at the Site including, but not limited to telecommunications companies which co- locate equipment on the Site, and use of the Site as a municipal water tower. Notwithstanding any consent not provided by the Town, SSLP shall at all times have Workmans Compensation and liability insurance relating to any improvements and changes in ingress and egress to the Tower." When I read this it is my interpretation, is that they can legally make changes as long as they are not substantive changes. They are not asking for more equipment, they are not asking for more space. They are only asking to replace old equipment with upgraded equipment. Commissioner Stern — In a new location? Director Lee — In a new location, but there is not an increase in space. There is an increase in the weight of some of the equipment. I think Town Commission Workshop Meeting Tuesday, November 27, 2012 Pame 13 of 17 that may be a consideration. I would not object to requesting additional funds because they are increasing the weight. Commissioner Sheridan — Do we have a copy of the 1 St amendment? Director Lee — Yes we do. Commissioner Sheridan — I would have to see what that said. Being a landlord of three of these sites on my roof, any improvement that is made on their equipment, we share in some financial agreement. They are going to put three tanks that weigh 55 pounds each. That is considerable amount of weight going on the tower. They are going to improve their service by doing this, so I do not see why the Town should not share in some of the funds that they are going to get. I have over the years engaged with a man from Massachusetts that does nothing but cell sites. He has negotiated my plans for the last twelve years. Each improvement that has been made by each company we have increase anywhere between five hundred and eight hundred dollars a month to the Monterey House. I think it is worthwhile looking into. I think it is worthwhile contacting a specialist to deal with these companies. Sprint is one of the cheapest ones out there, but they are paying it to other people so they might just well pay it to us. Commissioner Trinlev — I agree with Commissioner Sheridan. Mayor Featherman — I don't see why we don't have more people on that structure because it is $30,000.00 each and could give us another $100,000.00 to perhaps go towards the parking lot we need for the Library. What you said makes sense. I would suggest that we do not vote on this at this time until we get answers. Manager Weiser — Is my direction to go back and negotiate an increase for the lease? Commissioner Stern — I would like to go back and re- negotiate a better contract for ourselves. By consensus, the Commission agreed to have the Town Manager re- negotiate an increase for the lease. C) Commission to declare certain property surplus and authorize disposal. Town Manager Weiser — This item is to declare equipment obsolete. In your packets is a list of those items, they are not high priced items. Mayor Featherman called for discussion from the Commission, hearing none, asked for a consensus to place the item on the consent agenda. By consensus, the Commission agreed to place the declaration of certain property surplus and authorizing disposal on the December 4, 2012 Consent Agenda. D) Commission to Authorize the Mayor to sign a contract with Air Ref Co., Inc. in the amount of $27,228.00 for the purchase of two new condensing units for the Library. Town Commission Workshop Meeting Tuesday, November 27, 2012 Paze 14 of 17 Town Manager Weiser — This is a budgeted item and we are looking to move forward with this purchase. Mayor Featherman called for discussion from the Commission, hearing none, asked for a consensus to place the item on the consent agenda. By consensus, the Commission agreed to place the authorization on the December 4, 2012 Consent Agenda. 7. MISCELLANEOUS — ITEMS LEFT OVER A) Discussion of Library parking. Town Manager Weiser — We have included a memo from Library Director Mari Suarez regarding the cost of a golf cart. If you want to consider a passenger shuttle bus, it holds about 20 passengers, and there is a minimum of six hours at $75.00 per hour. It would cost at least $450.00 every time you use their service. The valet service would cost $325.00 for a two -hour event. Commissioner Stem — I think that valet service is a better choice than a trolley. If we authorize the expenditure for six or eight events a year, would the Friends of the Library share that cost with us since they do fundraisers and have a decent budget available? I am not interested in the golf cart. Commissioner Sheridan — I feel the same way about the golf cart. The number of people it could move in a short time period would not justify the purchase. I would like to use a valet service. Commissioner Trinley — I rather the valet service, but it should be done on a temporary basis to see if this service works. Vice Mayor Brown — I assume if we do valet that the cars will be parked at St. Lucy's. Manager Weiser — No, that would be an additional cost to park the cars somewhere else. The valet service would use the front of the building to stack the vehicles. Vice Mayor Brown — What are the options to have the events after Town Hall closes, so that all of those parking spaces are available? Manager Weiser — I think if that is your consensus to send a message to the Library to hold events in the evening hours. They have events that are held during the day. We can approach the Friends of the Library to see if they would split the cost for their events. Commissioner Trinley — How many valet attendants would we need? Mayor Featherman — Are any nearby condominiums that have outside parking that would be available? Perhaps we can get it to be where there is no cost. Commissioner Stern — There Town Commission Workshop Meeting Tuesday, November 27, 2012 Paae 15 of 17 would be a cost, as someone would need to park the vehicles. People right now do not want to walk from the front of Town Hall to the Library. Library Director Mari Suarez — All activities from Friends of the Library are after 4:00 PM; there are none during the day, except one. The activities that take place during the day are Library activities such as book clubs, Socrates discussions, yoga, etc. These activities do not draw 90 people as the others do. Activities from the Library are from 5:00 PM -7:00 PM. Mayor Featherman — Could you consider double parking in that area? Director Suarez — Who is going to park them? How would you know who is blocking your car? I do not think it is doable; it is going to create a problem. Commissioner Stern — How many events do you consider a year that you might get 60 -90 people? Director Suarez — All of the events from the Friends of the Library push between 70 -100 people; there are 30 events a year at night. Commissioner Sheridan — I suggest that when there are activities during the day that the town employees take advantage of the parking at St. Lucy's. Mayor Featherman — Good idea. Commissioner Stern — I think what Commissioner Sheridan suggested would help for the day activities, and valet for the evening activities. Manager Weiser — For the larger events, you would need to budget $10,500.00. Would you like me to approach the Friends of the Library? Commissioner Stern — Please. Mayor Featherman - There were good ideas that were passed around. Let us take time to think of some other ideas and discuss further. By consensus, the Commission agreed to discuss this item in further detail in the future. B) Minutes October 30, 2012 — Workshop Meeting November 6, 2012 — Regular Meeting No corrections received from the Commission, minutes to be included on the December 4, 2012 Consent Agenda. 8. REPORTS — TOWN COMMISSION A) Commissioner Stern — No Report. B) Commissioner Sheridan — No Report. C) Commissioner Trinley — No Report. D) Vice Mayor Brown — No Reportt. E) Mayor Featherman — There is a situation we heard today on the beachfront. We really have simpatico for them. We want to see what can be done or what can't be done. I went all Town Commission Workshop Meeting Tuesday, November 27, 2012 Page 16 of 17 the way up through the entire beach. The Holiday Inn was not affected and north of there, so it really is in the southern part of our town. We will have to reflect on what was said today. Perhaps this will be brought back to us one more time. I would like to acknowledge former Mayor Hagelmann and former Mayor Voress. Congratulations, its good seeing both of you. 9. REPORTS — TOWN ATTORNEY GLEN J. TORCIVIA: Town Attorney Torcivia reported that there is a lawsuit going on with the Inspector General and the municipalities. The only update is that the Inspector General, herself, requested that she be allowed to participate in the case as a party, which is called a "motion to intervene ". Last week, the court denied that motion, and stated that she is apart of the county and the attorney's office has to represent you whether you like it or not. They are going to have their hearing on motions for summary judgment in the next couple of months. The decision may be January or February. 10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER: Town Manager Weiser reported on the following: 1) The header curb project at Bel Lido began yesterday. 2) The Mayor mentioned that he rode on the beach buggy and it is open to all commissioners should they want the opportunity to ride. 3) An email was received from Chelsea Midlarsky regarding the Charity Cycling Ride held on the morning of Saturday, March 23, 2013, which is presented by the Delray Beach Twilight Festival. Ms. Midlarsky is requesting a letter from the Town Commission stating that there is no objection to this event. They will not be using our services; however, a consent letter is required from each municipality where they will ride through. By consensus, the Commission agreed to send a letter of consent in support of the Charity Cycling Ride on Saturday, March 23, 2013. The Town Manager announced that Light Up the Holidays (LUTH) is Monday, December 10 at 4:30 PM in front of Town Hall. Mayor Featherman complimented Commissioner Sheridan for assisting with the decorations. 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Arlin Voress, 4403 Intracoastal Drive — I didn't hear any approval or disapproval for that discussion about whether Jack Lee should put something in holes or not. I think you did not give him any direction, and I think you owe him one. Mayor Featherman — I am sorry we Town Commission Workshop Meeting Tuesday, November 27, 2012 Page 17 of 17 misinterpreted to Jack Lee. From what I understood, we all wanted him to do that. You go ahead Jack, it is important to do that. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 3:15 PM upon a MOTION by Commissioner Sheridan and seconded by Commissioner Stern APPROVED: - x Bernard Featherman, Mayor Ron own, Vice Mayo Doris M. Trinley, Commissioner Dennis J. Sheri 16, Commissioner 0u1 : - Stern, ommissioner ATTEST: r 7 )-z)) 3 B erly M. B wn, MMC Date