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2013.02.26_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, February 26, 2013 1 PM Mayor Bernard Featherman called the Workshop Meeting to order in Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner Doris M. Trinley; Commissioner Dennis J. Sheridan; and Commissioner Louis P. Stern. Also present: Town Attorney Glen Torcivia; Town Manager Kathleen Dailey Weiser; Town Clerk Beverly Brown; Finance Director Cale Curtis; Library Director Maria Suarez; Assistant to the Manager Zoie Burgess; and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence. 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 Maurice Stein, 3912 S. Ocean Blvd — I have deep admiration for the Commission and appreciate everything that you do. The letter I am presenting today is not a reflection on anybody, and there may be some misunderstandings; but what I want to get out is a major issue with our Library. (Mr. Stein's letter is on file in the Town Clerk's Office). In conclusion, we ask that the Commission place consideration of this matter on the agenda for its next meeting and provide a written response to this letter, advising us what it plans to do about: 1) Clarifying the role of the Town Manager; 2) Removing the "Letter of Reprimand" from the Library Director's personnel file; 3) Reinstating the Library Director's $500 spending authority; 4) Returning credit cards to the Library Director and staff, and 5) An apology by the Town Manager to The Friends of the Library. Thank you for listening to our concerns. We know you share the pride we feel for our magnificent library and will do the right thing. Town Commission Workshop Minutes February 26, 2013 Page 2 of 11 Ann Roy, 4301 Tranquili Drive — At the January 8 meeting an idea was mentioned regarding our sidewalks being lined with benches to have the appearance of a "park- like" setting. I am very concerned about this and would appreciate your consideration of my concerns. Although it sounds like an aesthetically beautiful idea, I believe it would be inappropriate in our upscale neighborhood with the crime rate in this economy rising. We don't need to make it comfortable for vagrants, undesirables, etc. to come to our town and use our benches as an excuse for hanging out. I ask that you please abandon the idea of benches along our sidewalks. Comm. Stern — Are you aware that there are benches along the sidewalk now? Ann Rov — Yes I am, and I don't approve of them, and would like to see them removed. Comm. Stern — It was an idea to do a scene -scape and never a park to sit every two feet. Phil Mallon, 2701 S. Ocean Blvd — My wife and I are year round folks and we regard our Library as the epicenter, the cultural focal point of our community. It is a beautiful and welcoming small town library. The question I raise today is why is our Library being faced with being sent to the recycle bin? Is changing our Town Charter, which now empowers a "yes" vote from only three Commissioners to spend up to one million dollars (previously $350,000) on any one project, without prior voter approval? Do you believe that the voters of Highland Beach would endorse an expenditure of $900,000 for refurbishing the town chambers, if put to referendum? In our small town, why are we moving more toward an oligarchy, rule by the few, instead of expanding representative democracy? In the case of our Library, why are we drowning out the voices of the masses? Our Library needs more expansion of services, not less. John Dunn, 3100 S. Ocean Blvd — My wife and I are not year round residents and unfortunately are able to access the Highland Beach Library all too seldom. Each season, dropping into the Highland Beach Library for the first time is like a homecoming. The library's holdings are awesome; the reading rooms are bright and cheerful and the library ongoing programs are magnificent. I hope you will do your very best to protect this jewel of a library and fund it at the highest possible level. I also noticed, in the last two years, that parking has become a problem and I feel this needs to be addressed. Ethel Genes, 3912 S. Ocean Blvd — After a very busy life, career and as a journalist, I retired to Highland Beach. Relative to its very small number of residents, we have a very high number of those who have graduated college. This fact goes a long way into explaining the place our little library has among us. It is more than a library. It is a meeting place that has become our very informal country club. I felt free to go to Director Suarez and propose to her the creation of what we call the "Socrates Cafe "; a weekly get together to discuss philosophical concepts in our lives. I have received the best welcome, and the only question is "what do you need ?" I am proud to direct this group of twenty that not only includes our former Illinois Legislator, but some family therapists, doctors and educators. It sounds like an ideal situation but it is not so in reality. Mari Suarez, in spite of her best efforts, has her hands tied by the most absurd limitations imposed on her by a Town Manager who does not know the purposes of our Library or its operation. As residents of Highland Beach, sometimes we feel we are being held hostage to a situation where we do not know what will happen to this place, which is truly the heart of our community. As the heart of our community, anything directed against the progress of our Library is going against the progress of our very community. We are requesting that our Library Director's autonomy be reinstated under the supervision of a different town official working together with her under her own supervision of all library services; and that all funds and budgets be returned to her for the good of our Town's residents. Town Commission Workshop Minutes February 26, 2013 Page 3 of I 1 Hazel Holsbora, 2727 S. Ocean Blvd — This Library has been the heartbeat of this Town since this Town was built. Leonard Bell and others worked hard to get this done. Mari works very hard and is the gut of this Town. Since we have had this new Town Manager, she has made it her life's work to destroy that Library and Mari's job. I think she should focus on something else in this Town where she needs to be focused and leave the Library and Mari alone. Rhoda Stein, 3912 S. Ocean Blvd — I would like the Commission to remove the letter from the Town Manager that criticizes Mari, our Library Director. She has done a wonderful job for us. She brings us all here. I don't know what other kind of event would have such a turnout as discussing the Library. It is very close to our hearts. Please remove that letter from her file. Richard Kaplan, 3400 S. Ocean Blvd — I am a Friend of the Library for many years and it is the base or the glue that holds us together because we come here for many meetings and social activities. Does the Mayor and the Commissioners know what is going on? I would like to hear from them. We do have the best Library around and no one person should be able to corrupt our tranquil world. When you went over the budget, to me this is more important than the Police Department or the Fire Departments because this is where lives are saved by the friendliness of the people that are in the Library. They affect everyone's life; especially the older people who rely on company and people to communicate with. Carl Feldman, 3210 S. Ocean Blvd — I agree a thousand percent of what I heard here today and it is really great that we have so many people coming here today to express themselves. In fifteen days we are going to have an election in this town. I just received my sample ballot and the first part is very clear; Commissioner three year term, two candidates running elect one of them. Then there is another part and it is written: Read question from sample ballot: "yes" or "no ". If anyone can answer that yes or no you are a lot better than I am. I think we should put out something before the next fifteen days and before the people go into the voting booth and be expected to say yes or no. What are you going to do Commissioners if you get a no vote for this? Have you thought about that? You have to explain things to the residents. How can you say yes or no to seven items? Maybe you want one and you don't want another one. I don't know how you are doing it, but I think you have to clean up your act on this ballot. Mayor Featherman — I have not seen the ballot myself and I would vote "no ", if that would happen, where they don't give an explanation. There should be something that would explain it before you go in to vote so people would know what they are voting for. Maurice Stein, 3912 S. Ocean Blvd — Mr. Stein read an excerpt from the Town's website regarding the Town Commission and their appointment of the Town Manager who is responsible for the administration of the Town; the Town policies and implementing them. What we are saying is that the Town Manager is usurping the authority of the Commission by adopting her own policies which the Town Commission should be adopting. That is the whole point. I have no problem with her administration, but when she is determining whether ipads are necessary or whether Mari can attend a seminar which she attended ten out of the last fourteen years; the question is, is she super director of the Library or is she an administrative manager for the Town. I agree that the ultimate authority for everything, including policy, is this Commission. If this Commission wants to tell Mari what to do they have every right, but the Town Manager does not. I also want the Letter of Reprimand removed from her file because it is the foundation for the next time you do it you are out. Town Commission Workshop Minutes February 26, 2013 Page 4 of 11 The Friends of the Library are doing wonderful things for the Town at no cost to your budget. Last week the event held in the Community room was filled to capacity. Commissioner Sheridan was listening in the hallway. Fifty people were turned away. That is what the Friends are doing and the Manager is telling Mari that she spends too much time with them. You have a real problem with the management of the Library. Ann Roy, 4301 Tranquilijy Dr . — I am very concerned about the ballot. How are we going to do something about it with only a matter of days? Comm. Trinley — A question of the Clerk: Didn't we cover all this after the Charter Review; some things that had to go to ballot and some things that did not? Town Clerk Brown — That is correct. We approved this question by an ordinance back in September. The whole Commission voted for it. Comm. Trinley — So it has been discussed and voted on and we are not trying to pull anything on anybody. We sat here and worked on it and if you were not here at the time; sorry. Ann Roy — Who voted on it? Town Attorney Torcivia — The Town had a committee of citizens that met for several months in public meetings where they considered the entire ordinance: word by word; page by page and there were a number of changes they suggested are made. Some of the changes the Commission could make on their own and some of the changes had to go to the voters. The Commission considered it for at least three public meetings and there was a lot of public discussion. If what I am hearing is that the ballot language is too short and not explanatory enough, it is because State law limits it to 75 words for all that you can have. I am suggesting to the Commission that if they want to put out some explanation; to my recollection each one of those changes is pretty minor; they are allowed to under State law. Ann Rov — I would like to know which ones voted for it and which ones did not. Town Attorney Torcivia — I believe it was unanimous. Ann Roy — I would like to see the minutes and would like a list of the Commissioners who voted for it so I can make a decision on voting day. Town Clerk Brown — The Town Commission with a 5 to 0 vote, voted in favor of this ordinance. So, each of these people voted in favor of this ordinance in question. Commissioner Trinley — The minutes of the meeting are available in the Clerk's office should you want to read the minutes or ordinances in total. Comm. Sheridan — Mr. Stein, this letter that you gave us today, was that distributed to anybody at a previous date with a previous date on the letter? Maurice Stein — There were a few people that I gave the letter to so they could confirm it, look at it. There was no broad distribution and the previous date was only a few days earlier and the reason I re -dated it was to make it the date it was being distributed to the Commission. Commissioner Sheridan — Was the date February 11 t `? Maurice Stein — It might have been the first draft. George Kelvin, Braemer Isle — I would encourage everybody to vote yes if you believe in the famous words of Nancy Pelosi "We have to vote it in before we understand it ". If you don't understand it, vote no. Emmett Hammond, 3912 Ocean Blvd — Regarding the ballot question, is it possible to break that one item into the individual pieces so you could vote and you would have the 75 words for explaining? Mayor Featherman — It has been distributed and almost impossible to do. As a Commissioner I voted for that and I can vote against it now, because it may not be something I want; because as I look around and see people talking, you have a right to have your voice known. Comm. Trinley — If that happens, the folks vote no; that negates and brings to naught all the work that the Charter Review Board did; word for word; page for page. Town Commission Workshop Minutes February 26, 2013 Page 5 of 11 John Dunn, 3100 S. Ocean Blvd — There are a lot of people in this room that knew Seymour Strauss and I just want to say what a wonderful gentleman he was. If it weren't for the Library, I would never have had the good fortune of knowing him and that is another clue about how wonderful this Library is. Town Attorney Torcivia — On the Library issue, I don't want the people to have false expectations on what the Commission can and cannot do. In reading your letter Mr. Stein, one of the things that you wanted was removing the Letter of Reprimand from the file. That is not allowed under State law because, under State law, anything in a personnel file is a public record and a public record cannot be removed, altered or destroyed. That letter may stay there and the Library Director always has the right to put a letter in her own personnel file explaining the situation. That is not something the Commission can do even if they wanted to. Maurice Stein — Even if that cannot be expunged, I think the Town Manager or the Commission should write a corrective letter commenting on the inappropriateness of that letter. Also, can anything be brought up at the next meeting? If you can't deal with all the issues maybe you can deal with some of them such as the credit cards, spending limit and that the Town Manager loosen up on the oversight of the Library. Comm. Stern — Under New Business today, I will bring it up and see what we can put on the agenda for the next meeting. 3. PRESENTATIONS: None Scheduled. 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • None C) Board Vacancies: • Board of Adjustment & Appeals — Two Appointments Interviews: Dan Gruber — 3740 S. Ocean Blvd. — Unable to attend meeting, requested interview be rescheduled for the March 25, 2013 meeting. Bryan Perilman — 3740 S. Ocean Blvd. Stated he has been a full time resident for the past two years after spending his career as an attorney. Interested in volunteering in the community that he now resides. Would appreciate the Commission appointing him to this vacant position. Consensus was to include appointment on the March 5, 2013 Consent Agenda. Town Commission Workshop Minutes February 26, 2013 Page 6 of 1 I • Code Enforcement Board — One Appointment Interview: Harvey — 3221 S. Ocean Blvd. Has lived in Highland Beach since 1997; his profession was an architect; presently is president of Ambassadors East Condo but feels it is time to move on and would like to volunteer in the community. Feels his profession would be valuable to the board. Peter Rodis — 3224 S. Ocean Blvd. Is a real estate broker licensed in Florida and New York. Has lived in Highland Beach for ten years. Presently volunteers at the library. Commissioner Stern stated that after the next election there would be a vacancy on the Planning Board. Suggested that this appointment be held off until after the March election. Positions will be filled in April. D) Monthly Board Meetings • Board of Adjustment & Appeals — March 6 at 1:30 PM • Beaches & Shores Advisory — March 12 — canceled due to the election • Planning Board — March 13 — 9:30 AM • Code Enforcement — No Scheduled Meeting • Town Commission Workshop — Monday, March 25 — 1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) ORDINANCE NO. 13-0010 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING THE TOWN COMMISSION WITH THE FLEXIBILITY TO CHANGE THE ORDER OF COMMISSION AGENDAS, AMENDING THE CODE OF ORDINANCES, PART 1, CHAPTER 2, ADMINISTRATION, SECTION 2 -28, RULES OF PROCEDURE; 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. 13-0010, title only, into the record. The second reading and public hearing is scheduled for March 5, 2013. No further comments. B) RESOLUTION NO. 13 -003 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENDORSING THE Town Commission Workshop Minutes February 26, 2013 Page 7 of 11 CONCEPT OF A "ONE STOP PERMIT" PROGRAM FOR MOTION PICTURE AND TELEVISION PRODUCTION WITH THE TOWN OF HIGHLAND BEACH; DESIGNATING THE TOWN MANAGER AS COORDINATOR TO THE PALM BEACH COUNTY FILM AND TELEVISION COMMISSION OF THE TOURIST DEVELOPMENT COUNCIL; AUTHORIZING A "ONE STOP PERMIT" FOR FILMING AND TAPING PRODUCTIONS WITHIN THE TOWN OF HIGHLAND BEACH TO BE ISSUED BY THE PALM BEACH COUNTY FILM AND TELEVISION COMMISSION; REQUIRING THE PERMIT TO BE SUBJECT TO THE CONSENT AND APPROVAL OF THE TOWN MANAGER PRIOR TO ISSUANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Resolution No. 13 -003 O, title only, into the record Town Manager Weiser - "One Stop Permitting" is basically an easy way for companies who are coming in and doing filming for motion pictures and different productions, to very easily get a permit. Because the County has an office that handles this, the majority of the cities in the County have agreed to allow them to handle the permitting. I am bringing this up now because we have had two requests in the last month or two to do filming in our particular town. It makes it easy on the company to come in and do filming and we still have to approve it. What it does is it also gives the County a chance to gather the data of who is filming and what kind of film they are doing in the County, and it also allows them to market the County more when they have those numbers. It doesn't cost us any money, and it allows them to do the administration for when a company wants to come in and film a location shoot in our town. Comm.Sheridan — Is there any financial benefit to us if they do film in our town? Town Manager Weiser — It is intangible. If you have a movie that they are going to film in your town, they are going to put people up in the Holiday Inn; they are going to spend money within the county on food. There is no charge for the permit; but the intangibles of what it brings to a particular community can be numerous, depending on what they are shooting. Mayor Featherman — Would this affect anybody who would want to come in and interview for a show that they would have with our residents in Highland Beach? Town Manager Weiser — No, it has nothing to do with it. Consensus was to include Resolution No. 13 -03 R on the March 5, 2013 Consent Agenda 6. NEW BUSINESS A) Commission to schedule a Special Meeting for Canvassing and Certifying Election Results. Town Clerk Beverly Brown — In the past, the Town Commission has always appointed the Clerk as their representative on the Town's Canvassing Board. About two week ago, the Supervisor of Election notified us saying that this cannot be done. The Town Commission, in our Charter, is the Canvassing Board and they cannot give that authority to someone else. So, after the election, any questionable ballots have to be addressed by this Town's Commission serving as the Canvassing Board. We have to set up a special meeting. Once we set up this special meeting and we come up with the results, then we have to certify the results as the final results of that election. It is my recommendation that we do it the day after the election because I have to carry these ballots back from the Supervisor of Election; then Town Commission Workshop Minutes February 26, 2013 Page 8 of 11 return them to her. Then once we certify these results, it would be a good time to have the special meeting to swear in whoever is elected. My recommendation is to meet on March 13 at 1:30 PM. Consensus was to accept the recommendation of a special meeting on March 13, 2013 and include the item on the March 5th Consent Agenda B) Commission to authorize the change of the March 26 Workshop Meeting to Monday, March 25th at 1:30 PM. Town Manager Weiser — We are requesting that the Commission consider changing our next Workshop date to Monday instead of Tuesday since Tuesday is Passover, and many of our residents observe Passover. Consensus was to include item on the March 5 Consent Agenda C) Commission to authorize Staff to open a Money Market Bank Account with EverBank. Town Manager Weiser — We are asking this authorization for the purpose of opening a new account. It is to further protect the Town's Liquid Fund by limiting the amount we have in one institution. This particular bank is giving us a good rate and, if you have any questions, Cale Curtis our Finance Director is in the audience. Consensus was to include item on the March 5 Consent Agenda D) Addendum — Library Discussion. Comm. Stern — I would like to make a recommendation, so that we are a little more prepared at our next meeting, to ask our Town Manager to prepare a slight brief as to what the accusations are against the Town Manager; so that we can look at them, discuss them and act upon them accordingly at our next business meeting, which is the first meeting in March. Vice Mayor Brown — I would like to see that moved to our next Workshop Meeting, at the end of March, rather than rush into it and trying to do something about it at our next business meeting. Consensus is to include this item on the March 25 Workshop Agenda. 7. MISCELLANEOUS — ITEMS LEFT OVER A) Minutes January 27, 2013 — Workshop Meeting February 5, 2013 — Regular Meeting Town Commission Workshop Minutes February 26, 2013 Page 9 of 11 No corrections received from Commission. Consensus was to include minutes on the March 5, 2013 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 — I was absent at the last meeting and reviewed the tape I would like some clarification, as to when the public speaks, that we are answering from the Commission without adequate time to prepare our correct answer response. Consequently, it appears that by hip- shooting, if you will, we give some misinformation to the public instead of researching the questions. My question, are we to continue answering questions during public comments; or do we take the question, research it and provide the accurate answer at the next meeting; or at least make it public at the next meeting. According to Town Code, Section 2 -28 (Rule No. 9) no communication or petition to the Commission shall be entertained unless same is in writing. To me it means that, if you are asking a question, I need to research that question before I answer it; and that, in fact, the public makes their comments without comments from the Commission. Town Attorney Torcivia — Traditionally, the public makes comments and you are correct; the Commission has latitude as a policy matter whether you want to respond then, or whether you want to take the time to research it, be thorough and give the correct response. It would make sense for the Commission to decide which direction you want to go; because over the last several months you have done both. Comm. Stern — We do get some correspondence that we could respond to. Town Attorney Torcivia — The written, of course; but what you are receiving verbally it is hard, on your feet, to give the correct answer. It may not be a hard and fast rule. It may be some issues that you may want to respond to immediately; but in general, you might want to think things over before you give an answer that might be incorrect. Comm. Stern — I would like not to see the hard and fast. I would like to see the opportunity, if in fact someone is taking the time to meet the requirement of Section 2 -28 (Rule No. 9), that they put it in writing and we have the opportunity to see it. However, I don't disagree with the Vice Mayor; it doesn't give us time to research. E) Mayor Featherman —I want to thank every one of you for coming and voicing your concerns. Regarding the wake situation on the Intracoastal Waterway, I spoke to the U. S. Coast Guard Auxiliary in Boca Raton and Delray. We had research done by Public Works Director Jack Lee and it was determined that the 2.7 miles of the Intracoastal area for Highland Beach cannot be a slow wake zone. 9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: Several meetings back, there was an agreement on the agenda with Sprint Tower and it got postponed. Commissioner Sheridan had some concerns that we could have gotten a better deal. He was absolutely correct, and I want to thank him publically, because we now have negotiated, through his assistance, a Town Commission Workshop Minutes February 26, 2013 Page 10 of 11 much better agreement with Sprint. I would like to add it to next month's agenda. It is pretty much the same as the last time but it is more money for us. 10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER: Town Manager Weiser — I want to remind everyone that the "Meet the Candidates Night" is tomorrow night at the Library at 6:00 and is sponsored by the League of Women Voters. Regarding "Code Red ", on Thursday February 21" a boat of illegal immigrants came ashore in Boca Raton and fled throughout the area, and many of them ended up in Highland Beach. Residents were notified of the situation of the action by email, text, mobile applications and telephone which is where we get into the Code Red. If you did not get a phone call, our Town's Emergency Notification System is only as good as the telephone number data base that supports them. If your phone is not in the database, you will not be called. Everyone is encouraged to register; especially those who have unlisted phone numbers or if you have changed your phone number or address recently within the past year, and those who use their cellular phone as their primary number. You can enroll through the Town's website or call Zoie Burgess, Assistant to the Town Manager to add your information. Commissioner Sheridan — I would like to bring the public up to date with the sidewalk. I have been in touch with Jack Lee, head of our Public Works Department and we have a starting date of fixing the walkway as of March 25 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING None 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 3:00 PM upon a MOTION by Commissioner Sheridan and seconded by Commissioner Stern. Town Commission Workshop Minutes February 26, 2013 Page 11 of 11 APPROVED: Bern ard eatherman, Mayor Ron Brown, ice Mayor Do ' Trinley, Comm' si er Dennis J. Shen an, C mmissioner i P. Stern, i stoner ATTEST: everly M. own, MMC Date