Loading...
2013.06.25_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, June 25, 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 Dennis J. Sheridan; Commissioner Louis P. Stern; and Commissioner Carl Feldman. Also present: Town Attorney Glen Torcivia; Town Manager Kathleen Dailey Weiser; Town Clerk Beverly Brown; Finance Director Cale Curtis; Public Works Director Jack Lee; Police Lieutenant Eric Lundberg; 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. 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 submitted. 2. PUBLIC COMMENTS AND REOUESTS James Jiovanazzo, 3700 S. Ocean Blvd — I have been involved in many organizations and am a member of the Beaches & Shores Advisory Board. During several meetings of these organizations, the subject has come up regarding putting up retaining walls to protect someone's beaches. The comments made at several of these organizations were that it was actually detrimental because it pulls the soil away on each side. Also, the materials that are put into the ground can still draw the sand out from underneath. Our beaches are private and the individual homeowners are permitted to put up steel barricades to protect their property. Are these homeowners getting building permits to put up these barricades behind their property? I would like to know what our position is on this. Comm. Feldman — Actually, our Town Manager was instrumental in getting those homeowners the permits to do what they are doing. Town Manager Weiser — Our homeowners did not put in retaining walls. Maybe one Town Commission Workshop Minutes June 25, 2013 Page 2 of 8 did, but most of them brought in sand. We don't permit those per se; the State does. We are not involved in any permitting on the beach. It goes through the State. James Jiovanazzo — It is my understanding that Palm Beach County does not approve of those. After Sandy, I did notice that one of the homes on the south end of the beach was putting a steel beam into the ground. Town Manama Weiser — Most of our residents are not very interested in retaining walls. 3. PRESENTATIONS: No presentations. 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • None C) Board Vacancies: • Board of Adjustment & Appeals - One Appointment e Board of Adjustment & Appeals — One Re- Appointment: Interview — Evelyn Weiss — Mrs. Weiss was not in attendance, but the Commission felt she has previously served on a number of Boards. Consensus was to include re- appointment of Evelyn Weiss on the July 2 nd Consent Agenda. • Planning Board - Two Re- appointments: Interview — Carol Stern Carol Stern — I have had a wonderful time on the Planning Board and would love to keep my position. I would appreciate your consent. Comm. Feldman — I served on the Planning Board and Carol does a magnificent job as the Chairperson. Vice Mayor Brown — What are we doing right and what are we doing wrong as a Commission to support the Planning Board? Carol Stern — You have supported all our decisions. If it comes before the Planning Board, then it also comes before the Commission. Building Official Mike Desorcy is our mentor. He advises us on what we can and cannot do. I think you have been doing everything right. Vice Mayor Brown — How can we better support you? Carol Stern — Just by doing what you are doing. Consensus was to include the re- appointment of Carol Stern on the July 2, 2013 Consent Agenda. Interview — Ron Clark Town Clerk Brown stated Mr. Clark was not present. Mayor Featherman — I would like to speak about Ron Clark's request for re- appointment to the Planning Board. Since the March election for a new Commissioner for Highland Beach when Mr. Clark lost to Mr. Feldman, Mr. Clark has been sending highly negative emails to me after most of our Commission meetings. These letters include some false allegations and other negative comments. Town Commission Workshop Minutes June 25, 2013 Page 3 of 8 While I am sure Mr. Clark does not mean to harass me with these letters, which he copies to other Commissioners, I feel harassed by them. Mr. Clark has a right to free speech so he is free to criticize me. I am a public official, so I am a fair target, even if I feel it is abusive. The reason I feel his letters are abusive is that I tried to talk to him about the letters, but he has refused to accept my calls and said so in writing. Every person in Highland Beach knows that I am always available to talk to you and to try and help solve the problems you bring to us. My office is totally open to all of you; all of the time. I am deeply respectful of everyone's right to disagree. This is what democracy is all about, but I have the right to free speech too. So as a matter of my free speech I intend to vote against Mr. Clark's re- appointment. Town Clerk Brown — Since there is no consensus of the Commission, this re- appointment will be included on the next agenda under Old Business. D) Monthly Board Meetings • Beaches & Shores Advisory — Will begin meeting quarterly. No meeting scheduled • Planning Board — July 10th — 9:30 AM • Town Commission Special — July 15 — 9:30 AM • Board of Adjustment & Appeals — Meetings are scheduled on a "as needed" basis • Code Enforcement — Meetings are scheduled on a "as needed" basis 5. PROPOSED ORDINANCES AND RESOLUTIONS No Ordinances or Resolutions were scheduled for this meeting. 6. NEW BUSINESS A) Selection of a Voting Delegate for the 2013 Florida League of Cities Annual Meeting Town Manager Weiser — The Florida League of Cities is holding their annual conference on August 15 thru August 17 As part of their business session, they require every attending Municipality to appoint someone to serve as their voting delegate. Mayor Featherman has served in that capacity in the past, but any elected official can be appointed. Comm. Stern I suggest we continue with Mayor Featherman as our appointed person at the conference. All Commissioners were in agreement. Manor Featherman accepted the appointment. Consensus was to include this item on the July 2, 2013 Consent Agenda. B) Authorization for the Beaches & Shores Advisory Board to participate in Turtle Walk and Talk Day, August 10, 2013 Town Manager Weiser — They are one of your advisory boards and need your authorization for them to participate in this event. Town Commission Workshop Minutes June 25, 2013 Page 4 of 8 Consensus was to include this item on the July 2, 2013 Consent Agenda. C) Authorization for Mayor Featherman to sign the Phillips & Jordan Mutual Aide Engagement Letter extending contract for Emergency Debris and Disaster Recover Services. Town Manager Weiser — The Solid Waste Authority contracts with Phillips & Jordan out of North Carolina to provide emergency debris and disaster recovery services and we piggy- backed on that particular agreement. We have an agreement with Phillips & Jordan just in case we would have any kind of hurricane or emergency situation; they would be the company that comes in and helps us. They went out to bid this year and Phillips & Jordan won that bid, but that bid is being protested. This means that our contract with them is in limbo since we go through the Solid Waste Authority. The Solid Waste Authority recently gave us a mutual aide agreement that extends our agreement with Phillips & Jordan until such time as the dispute over who wins the contract comes through. This keeps us going with Phillips & Jordan in case there is any disaster. There is no money involved. We only use them in case something happens. We are asking you to go ahead and approve this Mutual Aide Engagement Letter extending our agreement with Phillips & Jordan. Consensus was to include this item on the July 2, 2013 Consent Agenda. 7. MISCELLANEOUS — ITEMS LEFT OVER B) Minutes: May 28, 2013 — Workshop Meeting June 4, 2013 — Regular Meeting No corrections received from Commission. Consensus was to include minutes on the July 2, 2013 Consent Agenda. 8. REPORTS — TOWN COMMISSION A. Commissioner Carl Feldman — On June 15` I attended a conference with Comm. Stern, Mayor Featherman and Jim Jiovanazzo of the Beaches & Shores Advisory Board at the Boca Raton Resort and Club. It was sponsored by Protect Our Beaches Coalition. It is quite clear that Highland Beach could not and would not receive any federal or state monies because of its status as a private beach community without any public access. I don't know what we can do as a town but we do have, three members on the Advisory Board; Comm. Stern, Comm. Sheridan and Mayor Featherman. This past week I attended a three day seminar for newly elected town officials. I realized after hearing these three days of intense presentations ranging from budgeting, state law, the dos and don'ts of ethics, sunshine laws, etc.; all agreed the most important department that we all have in our Town Commission Workshop Minutes June 25, 2013 Page 5 of 8 local government is the Finance Dept. The Finance Dept. is the heart of all local government and the towns. Highland Beach is quite fortunate with our Finance Director Mr. Curtis which is constantly under the resident's scrutiny eye of finances and keeps the town in state regulations and requirements. Much discussion was given to the Town Clerks which I was quite surprised. Here again we are quite fortunate having Beverly Brown. Beverly exceeds with overseeing much of the running of the Town, scheduling meeting, reservations, etc., communications and keeps all the Commissioners on the straight and narrow. I had a few calls regarding the walking path. It seems most residents feel that the walking path is going to be a complete overdo from the south end to the north end. I met with Jack Lee and it is not. It is still a patching operation. There was a problem in front of Regency Highlands regarding the patching and Jack Lee took care of it. We are very lucky to have Jack but what will we do in January? B. Commissioner Louis Stern — I did enjoy the meeting we had at the Boca Resort on protecting the beaches. Being an individual member would be $85 and I think that is something we would all do. I am wondering if supporting this organization, which is really going to help the beaches, is something we couldn't do as a Town and we could become an associate member if the Commission so thinks, with a cost of $1,000 annually. I am putting this out for you to consider. Comm. Sheridan and I are again co- chairing the "Light Up the Holidays." The event will be held on Monday, December 2 nd at 5:00. All of our entertainment is now in place and, as of yesterday, we have a co- sponsor who is going to help us with some of our funding. Those that will be participating are: the Dimensional Harmony Choir, which is the national winner for the best choir in the United States; the Synagogue Choir who participated last year will return again this year and so will Lou Galteiro, the Baritone. The program is set and we have the funds proposed in the new budget. We had 100 in attendance last year and I believe we will get over 150 this year. I gave each of the Commissioners and the Town Manager some paperwork on Zone One of the beaches which is from the access of Bel Lido to the beach at the southern end of town. It is showing the lack of sand that is there and the turtles are having a very difficult time. So far this year there has been 131 crawls and 60% of them are nests. Last year Zone One had 255 crawls. I don't know what we can do to help the southern end of town but they do need some help. C. Commissioner Dennis Sheridan — There was a report to the Town Manager that the firemen in ladder truck No. 6; who responded to the Ambassador's South fire were sitting in the truck. After research by Battalion Chief Ed Crelin, the following facts were ascertained: The ladder truck arrived at 10:02; gave a radio transmission from the truck that they were there and were met by a resident. There was smoke on the third floor and they asked for additional units to respond at 10:03. This places the firefighters, out of the truck and, in contact with someone in the Ambassador's South within one minute and five seconds from the time they arrived at the scene. Perceived as the men sitting in the truck, was when the secondary units arrived and they were sitting on A 1 A waiting for assignment. It had already been ascertained. I would also like to mention that this report came from the alarm company; not from anyone at Ambassador's South, and was reported as an alarm, not a fire. The response to an alarm or to a fire is entirely different. As soon as the men arrived, they checked with somebody within a minute and five seconds and knew exactly what was going on. I Town Commission Workshop Minutes June 25, 2013 Page 6 of 8 think rather than criticizing the department, it would be much better to commend them on their service and find out the facts before we complain. I would like to comment on our fire truck. I have been in contact with the Town Manager and our ladder truck is due back this afternoon. It has been out of service from February 26 through March 13 for different reasons. All the Commissioners including the Mayor have received a detailed report as to where the truck has been; what has been repaired and what parts and labor have been charged on each and every time it left our department. I commend the Town Manager on clearing up the idea that we didn't know where the truck was. I will also mention that our Chief Connor has mentioned several times that this truck is obsolete and it must be replaced. Thankfully we are now in preliminary negotiations with Delray Beach to rent the equipment rather than go out and spend $850,000 to $IM to buy a truck. After the last meeting I thought about our future five year plan and nothing has been mentioned about restoration or doing something to the living conditions of our firemen in our station. The station house itself is in drastic need of repair and I think we should consider putting it on, not immediately, but certainly in the future to do something there. D. Vice Mayor Ron Brown — I would like to thank our Police Department for responding to calls in Bel Lido for code enforcement. We have some problems and you did a great job handling it. We are going to continue with those problems throughout the summer because as soon as one house is completed, the house or lot to the north is going to be built on. I think we have a good code. I think what we need, more than people trying to make up things, is to enforce our code. That is what the Police Dept. did. Regarding all the talk about the fire truck, we have never been without a fire truck in our station. Our residents have never been without coverage for fire safety and security. E. Mayor Bernard Featherman - Last week I attended, along with our Town Manager, a meeting with Mayor Steve Abrams of Palm Beach County. Two subjects were brought up that were important. Presented to us were the Palm Beach County views of Emergency Management Operations in reference to the very difficult problems we have with hurricanes coming into this area this year. It is estimated that there will be eight to twelve hurricanes; some which may not hit our community. Information was distributed on evacuation routes; public shelters in our community; how to go about getting groceries and gas, as well as the preparedness you need for such an emergency. We do have that information here in our own town and can be obtained through our Town Manager. The second thing we talked about was the express railroad route that is being designed. They are looking for the funding now for a three hour trip from Miami to Orlando, Florida stopping at Ft. Lauderdale and West Palm Beach. I met with Property Appraiser Gary Nikolits, and he stated that three hundred thousand homestead properties will have their assessments go up this year. As a homestead owner, you will be affected by a raise in taxes this year and I assume it will go higher each year thereafter. We have storm drainage on AIA that should take a priority this year. After some terrible rainstorms, there are sections of AIA that the water builds up so high that cars have difficulty passing through. 9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: No Report. Town Commission Workshop Minutes _June 25, 2013 Page 7 of 8 10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER: I gave you a memo from the Palm Beach County Intergovernmental Coordination Program. This is a clearing house when there are issues that affect all cities. They put together all different committees. The one big issue you are facing right now is the FEMA Flood maps. FEMA redid the flood maps for our County and there is quite a bit of discrepancy on what they presented to us. They are putting together an Issues Forum and it is being held August 29th. They are asking each City to identify an elected official from the organization who would sit on this committee. I would like to know if anyone of you would be interested in getting involved with the flood map issue, because it does pertain to our insurance rates. Vice Mayor Brown volunteered to sit on this committee. The suggestion of the $1,000 membership for the Protect our Beaches Organization; I would need some direction. Would you like to put this on the Consent Agenda; talk about it more or look into budgeting that? Mayor Featherman — I think we should look into it when the budget comes up. Vice Mayor Brown — I think we should discuss it. If we already have three on there, what are the advantages for us? Town Manager Weiser — I know they are looking for funding from the different coastal communities and looking at the issue regionally as far as beach nourishment. We know we are not going to get funding. However, they do address beach nourishment on a regional basis rather than on a municipality basis. It may be some advantage to us to give them some financial support. Comm. Stern — I understood at the meeting that they were going to try and change the thinking in Tallahassee and the Federal Government so that the beaches could make some claims. I think they need some support at this point to maybe help us somewhere down the road. Town Manager Weiser — We will propose it in the budget. Comm. Stern — I would like to ask the Town Manager if she would look into the cost involved in creating new banners for "Light Up the Holidays" this year. Town Manager Weiser — I will have staff look into it. Consensus of the Commission was to purchase new banners. 11. PUBLIC COMMENTS AND REOUESTS RELATED TO ITEMS DISCUSSED AT MEETING Tim Bumich, 4505 S. Ocean Blvd — I live in Ambassador's South, which is the building that experienced the fire on the evening of June 19. At approximately 9:58 p.m. the fire alarms went off. When we got downstairs, the fire trucks were just pulling in and it was approximately seven to ten minutes after the alarm went off. Two of the firemen sat in the trucks for a period of time. Our Manager went over there and told them there was a fire in Apt. 303. They seemed to take forever, as other people hollered at them to get moving and get into the building. Some of the residents were rather perplexed at how slowly they moved. There was water cascading over the balcony of Apt. 303 and it took them approximately 25 minutes to get the water turned off. There is damage to all the apartments below and into our lobby. Other trucks showed up later and it took an hour and a half before we could get back into the building. I have some disagreement with Comm. Sheridan on how Town Commission Workshop Minutes June 25, 2013 Page 8 of 8 things transpired. Mayor Featherman — Comm. Sheridan has a report given to him by the Fire Dept. Out of fairness to him, he is just reporting what they said. Comm. Sheridan — I will look into it further. Comm. Sheridan — I have a question regarding The Highlander. On the water report that we had within the paper, we are quoting two years ago. Do we have a more updated report? Jack Lee, Public Works Director — There are certain tests we only do once every three or four years; like primaries. Secondary's, we run the results analysis on them every year. If you look at the paragraph right below the water tower, it states that some of the tests are only run periodically per the State regulations. The tests, from 2011 or 2010, were when the regulations called for those test analysis to be run. However, we are still required to report them in the CCR report. I will talk to the Water Plant Superintendent and see if we can clarify that. 12. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 2:11 PM upon a MOTION by Commissioner Stern and seconded by Commissioner Sheridan. APPROVED: Bern Featherman, Mayor Ron wn, Vice Mayor Dennis J. Sherid , Commissioner .� Stern, JXommi ner Carl Feldman, Commissioner TTES Beverly M. B own, MNIC — A - . �-� o? Date