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2013.03.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, March 5, 2013 1 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 Leonard Rubin; Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; Finance Director Cale Curtis; 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 Harold Hagelmann - 4748 S. Ocean Blvd — As the former Mayor, I had the interest at one time, and I still have the interest of the parcels that we own. It used to be the site at Dixie Highway where we drew the well water; then it was pumped down to Federal Highway where we purified the water in the plant that we had there. Those two parcels are now finished since we put in the waterworks that we now have. It is doing a great job and people have been very satisfied with the water. We had an offer on it at one time and the Commission turned it down. We tried to sell it a number of times and I don't believe we have gotten any bites on it, that I am aware of. I think we should put ads in not only the local papers and the State of Florida. Town Manager Weiser — We do have a bite on the property. I was hoping to have the letter in hand today; but I do not. Under my item, I will be asking the Commissioners, provided that the offer is reasonably within what the properties are currently valued at, that you allow me to approach the City of Boca who has the right of first refusal on those properties; rather than wait another month, should I get the letter within the next week. That would get everything moving in the process of selling those two properties. We will discuss this further under my item. Town Commission Regular Minutes March 5 2013 Pa me 2 of 9 Carl Feldman - 3210 S. Ocean Blvd — I have a letter that I have sent to the Town Attorney Glen Torcivia and I would like the Commissioners to have it. I would like to talk about the ballot. I brought it up at the last meeting and am still quite concerned. The Sun Sentinel had a breakdown on the Boynton Beach, Delray Beach Charter questions. Is there some way we can get into the Sun Sentinel when something is as important as this Town Charter? In the words of Commissioner Trinley, "I hope, it doesn't all go for naught ". A number of people that I spoke to said that if they don't understand parts of it, they will not vote yes. The Sun Sentinel broke down the questions and I don't understand why we couldn't have broken down the questions into nine separate questions. Section 303 Department of the Town: Each of the Commissioners shall have a special area of interest as designed or assigned by the Mayor and may be available to the Town Manager in an advisory role when requested by the Town Manager. That is being stricken from the Town Charter. If it was still there and I think we could still use it. Because of the fact of the situation we now have with the Library, perhaps one of the Commissioners could be an interim and get both sides of the story. 3. PRESENTATIONS None. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Read into the Record C) Board Vacancies: • Board of Adjustment & Appeals — One Appointment • Code Enforcement — One Appointment D) Monthly Board Meetings • Board of Adjustment & Appeals — March 6 — 1:30 PM • Beaches & Shores Advisory Board — March 12'' — Canceled due to election. • Planning Board — March 13` - Canceled. • Bd. of Adjustment — Meetings are scheduled on an "as needed" basis. • Town Commission Workshop — Monday — March 25 — 1:30 PM. 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 13-0010 - Second Reading and Public Hearing 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; Town Commission Regular Minutes March 5 2013 Page 3 of 9 PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance 13-0010 into the record. Mayor Featherman opened up the Public Hearing for public comments. No comments were received. Mayor Featherman closed the Public Hearing. Commission Discussion: Mayor Featherman - Would like to look into this further and will not vote on this ordinance today. Town Attorney Rubin — Did you say you were not going to vote on this ordinance? M Featherman — That is correct. Town Attorney Rubin — Unless you have a conflict, you are required to vote. MOTION: Commissioner Stern moved to adopt Ordinance No. 13-0010 on second reading; seconded by Vice Mayor Brown. ROLL CALL: Commissioner Stern - Yes Vice Mayor Brown - Yes Commissioner Sheridan - Yes Commissioner Trinley - Yes Mayor Featherman - Yes Motion passed with a 5 -0 vote. 6. NEW BUSINESS A) Commission to Declare certain Property Surplus and Authorize Disposal. Commissioner Trinley — Jack Lee has explained it very concisely in his memo, and I have no problem with it. Commissioners Sheridan and Stern and Vice Mayor Brown — No questions and have no problem with it. MOTION: Vice Mayor Brown moved to declare certain property surplus and authorize disposal as presented by Jack Lee. Motion was seconded by Commissioner Trinlev Roll Call: Vice Mayor Brown - Yes Commissioner Trinley - Yes Commissioner Stern - Yes Commissioner Sheridan - Yes Mayor Featherman - Yes Town Commission Regular Minutes March 5 2013 Page 4 of 9 Motion passed with a 5 -0 B) Commission to Approve Amendment No. 2 to the Tower Siting Lease Agreement and Authorize the Town Manager to Sign the Agreement Town Attorney Len Rubin — This is a request for an approval of a second amendment to a tower siting lease agreement between the Town and Sprint Spectrum. The amendment relates to the modification of existing equipment located on the tower. That includes the removal of one antenna and Sprint is required to close the holes at the existing mounting location, the installation of remote radio units and the change out of the cabinet equipment within the leased area. The amendment provides for a $4,800 increase in the annual lease payment bringing the annual total to $30,000, and provides for a three percent (3 %) annual escalation of the lease payment. The current term ends on December 14, 2013 and automatically renews for two additional five year terms, unless Sprint terminates it. I want to make it clear that this is a non - exclusive agreement. It doesn't preclude other providers from locating on the tower. Glen wanted me to publically thank Mr. Chuck Webber who assisted with the technical aspect, and who I believe came to us by way of Commissioner Sheridan. This office is requesting that the Council approve the agreement and authorize the Town Manager to execute. MOTION: Commissioner Sheridan moved to approve Amendment No. 2 to the Tower Siting Lease Agreement and accept as presented. Motion was seconded by Commissioner Stern Roll Call: Commissioner Sheridan - Yes Commissioner Stern - Yes Commissioner Trinley - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 5 -0 vote 7. MISCELLANEOUS — ITEMS LEFT OVER: • None 8. REPORTS — TOWN COMMISSION: A) Commissioner Louis P. Stern — No Report. B) Commissioner Dennis J. Sheridan — I would publically like to take this opportunity to thank my fellow Commissioner Doris Trinley. Doris served the Town for many years as Town Clerk and has been an outstanding, dedicated and loyal Commissioner to the Town for the last six years; and I want to thank her for each and every thing she has done for this Town. Town Commission Regular Minutes March 5 2013 Page 5 of 9 C) Commissioner Doris J. Trinley — Thank you for the kind words Commissioner and it has been my pleasure. I just want to say thank you to the Town Commission Members, the Staff, and the Board Members and to all who attend these meetings. Thank you so much for your interest and your cooperation, and I wish you all the best of life's good things. D) Vice Mayor Ron Brown — Thank you Doris for all that you have done for this Town. I would like to talk about what appears to be a misunderstanding. We have been talking a lot about the Library and there are a lot of numbers that have been floating around. You can see on the screen that our adopted budget for the Library in the 2012 was $569,000. For the current year the adopted budget is $565,575, and that is a net decrease of minus 0.71 percent. These are the real numbers of what is happening at the Library. Actual budget for books and materials requested was $67,500 this year; adopted budget was $60,000, and is the same that was spent last year. That is where that figure came from; because, as you can see, last year they spent $60,269. There is a decrease, requested this year of $67,500 to $60,000, of eleven percent (11 %); and is minus eleven percent of what was requested and what was budgeted. So, when you see all the other numbers going around, it is misinformation and these are the numbers. They come from our budget, and if you have any questions, or you want to question anything you see, these are the numbers you need to remember. E) Mayor Bernard Featherman — I received several inquiries regarding electric cars and electric car charging stations. I spoke to a person in Delray who has filled me in on the matter. I am following up before it is brought before the Commission's attention for full consideration. It looks like there are a number of people who would like to have a charging station. People are still talking about the bike situation and I would like our Commission to consider buying an electric sign for biker control. I asked the Police to step up monitoring the bikers and car safety; specifically on Thursdays and weekends because I keep hearing it from practically every condominium association here in Town. If it continues, I would like to force those requirements to protect our residents and the cars from accidents. We have had several already and I know the Police are giving tickets to bikers; but that is not enough. I would now like to see our Commission take action on it. There is also an overgrowth on the south side of Toscana which continues to affect our residents when they walk on the walkways. I would like to see this matter attended to promptly and have the overgrowth cut back. I spoke to Jack Lee and he assured me that, if the people who own the lot don't do it, we will do it. The Commission will be informed as to what will be done. I would like to address the Library situation. I have signed some papers in the past and I am sorry I have, and I apologize for doing that. Our Library is outstanding for a social center here and I support it 100 %, and I want people to know that. It is too valuable to our community not to give it the proper attention. 9. REPORTS — TOWN ATTORNEY: No Report. Town Commission Regular Minutes March 5 2013 Pa e 6 of 9 10. REPORTS — TOWN MANAGER: Town Manager Weiser — Regarding the two parcels brought up by former Mayor Hagelmann, I am expecting a letter for an offer on both pieces of property. I am asking, in the interest of time, as long as the offer is fair and close to the appraised value, that you allow me to go ahead, once I get that letter, and contact the City of Boca Raton since they have right of first refusal. This way, I can give them the 30 days to go ahead and refuse it. This does not mean that you have to take the offer, but it doesn't put off a month waiting for us to meet again before you can authorize me to contact Boca. Mayor Featherman — Keep in mind that we have two obstacles. First we have Boca Raton, if they would accept or deny it, and second we have a written obligation to pay down the eighteen million dollars we have on the bond. Commissioner Stern — We don't have those problems yet if we don't get the letter, and all we are asking today is to give the Manager the authority to contact Boca Raton. Mayor Featherman — I like to know what we are going to do before we do it. Commissioner Stern — I think the only item on today's potential agenda is to give the Town Manager permission to contact Boca Raton. That is all we are doing today. Mayor Featherman — I think we should mention the other difficulties so our residents know what we are going up against. It is important that we know that because our future Capital Expenditures will depend on, if we do make a sale, where the monies go. I agree with you that we should have a motion for the Town Manager to go ahead and talk to the people in Boca Raton. MOTION: Vice Mayor Brown moved to authorize the Town Manager to contact Boca Raton to see if they are interested or would give us a letter to refuse their right of first refusal. Motion was seconded by Commissioner Sheridan Roll Call: Vice Mayor Brown - Yes Commissioner Sheridan - Yes Commissioner Trinley - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion passed with a 5 -0 vote 11. CONSENT AGENDA Mayor Featherman asked if any item needed to be removed from the Consent Agenda? Town Clerk Brown read the Consent Agenda into the record: A) Appointment of Bryan Perilman to the Board of Adjustment and Appeals for a three -year Term (3/13 — 2/16). Town Commission Regular Minutes March 5 2013 — Page 7 of 9 B) Adoption of RESOLUTION NO. 13 -003 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENDORSING THE 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. C) Commission to schedule a Special Meeting on March 13, 2013 at 1:30 PM for the Canvassing and Certification of the Election Results and Oath of Office to newly Elected Commissioner. D) Commission to authorize the change of the March 26 Workshop Meeting to Monday, March 25th at 1:30 PM. E) Commission to authorize Staff to open a Money Market Bank Account with EverBank. F) Approval of Minutes: January 29, 2013 – Workshop Meeting February 5, 2013 – Regular Meeting MOTION: Commissioner Trinlev moved that the Consent Agenda be accepted as read by the Clerk. Motion was seconded by Commissioner Stern Mayor Featherman – Before we take a vote on the Consent Agenda I would like to ask our Finance Director how much money we are going to be putting into the Money Market Bank Account with EverBank, dollar wise. Finance Director Cale C urtis – According to our investment policy we can put up to thirty-three percent (33 %) of our total investment policy in there. The amount that is going to go in there is yet to be determined. Roll Call: Commissioner Trinley - Yes Commissioner Stern - Yes Commissioner Sheridan - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 5 -0 vote Town Commission Regular Minutes March 5 2013 Pa e 8 of 9 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Harold Hagelmann — Thank you for the input on the possible sale of the property. Is it for the sale of both pieces of property? Town Manager Weiser — Yes it is. Mike Ferrara, 4748 S. Ocean Blvd — I want to first compliment Commissioner Sheridan on the tremendous job he has done on behalf of this community and the recent one on the Tower. With due respect to the two candidates running, I am going to miss Commissioner Trinley for all sorts of reasons. First, because of all the years she put in the Clerk's Office and also the period of time here. Congratulations Doris; you have done a tremendous job on behalf of this town. Ron Clark, 4750 S. Ocean Blvd — On behalf of myself and a number of the citizens of Highland Beach that I have talked to, I want to echo everybody and their thanks to Commissioner Trinley for her thirty something years of fine service to Highland Beach. I was wondering if there could be a "Doris Trinley Day" at the Town Hall. Commissioner Trinley — Thank you so much for the kind words but as I said it has been my pleasure and my privilege. I want nothing. Thank you again. Mr. Clark continued - I appreciate the Commission supporting our Manager and letting her deal with Boca Raton on the property issue. Is this something that Boca Raton, in their first right of refusal, has to take up at their Commission meetings, and will it be put off by months because of that? Town Manager Weiser — I have already been in contact with them. That is why I am asking our Commission to move forward with this because they have a Commission meeting coming up. This allows us, if we get the letter, to go ahead and get it on their agenda as soon as possible. Mari Suarez, Library Director — I would like to clear one point when Vice Mayor showed the budget. What people are referring to is the line item which is the books and operating for books, buying books and materials for the Library. Originally it was asked that everybody, across the Board, reduce their budget for ten percent (10 %), which I did. So after reducing ten percent of the $75,000, I requested $67,500. On top of that, it was only my budget that was reduced more than the rest of the budgets in Town. The books were affected and materials for the Library by 6,700 more dollars. So basically I got $15,000 less than what I was requesting for books and materials for the Library. When you see it in the budget, you really don't know what was behind it all. Cale Curtis can tell you if my interpretation is correct or incorrect. Mike Stein, Regency and — I have copies of the basic documents from which I worked; letter of reprimand; Mari Suarez's response; the performance evaluation given by our current Town Manager and the performance evaluation given by the prior Town Manager. I would ask that you look at the categories and the descriptions because they have changed which indicated a management style. I would like to give them out. I would also like to thank Doris for clarifying the agenda for the next workshop and I thank Commissioner Stern for asking that the Town Manager provide a report. Town Commission Regular Minutes March 5 2013 Pa e 9 of 9 13. ADJOURNMENT There being no further business to come before the Commission, Mavor Featherman adjourned the Regular Meeting at 2:10 PM upon a MOTION by Commissioner Sheridan: seconded by Commissioner Stern. APPROVED:: Bernard Featherman, Mayor Ron Brown, Vice Mayor Doris M. Trinley, Commissi 4 O.G� , � Dennis J. Sherid'aY, Commissioner oui . Stern, issioner ATTEST: Beverly . Brown, C Town Clerk Date