2013.08.27_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, August 27, 2013 1:30 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 Chief Craig Hartmann;
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 REQUESTS;
No Comments received.
3. PRESENTATIONS:
Town Manager Weiser — I would like to present a plaque "Certificate of Completion" from the
Florida Institute of Government of the Florida League of Cities to Commissioner Carl Feldman. He
completed the Institute for Elected Municipal Officials School in Palm Beach Gardens this year.
Town Commission Workshop Minutes
August 27, 2013 Page 2 of 8
4. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• No Report
C) Board Vacancies:
• Beaches & Shores Advisory Board — One Appointment
• Board of Adjustment & Appeals — Two Appointments.
• Code Enforcement Board - One Appointment
D) Monthly Board Meetings:
• Town Commission Budget Public Hearing — Sept. 5 — 5:01 PM
• Beaches & Shores Advisory — Meeting Cancelled
• Planning Board — Meeting Cancelled
• Town Commission Budget Public Hearing — Sept. 17th — 5:01 AM
• Bd. of Adjustment — September Meeting - yet to be determined
• Code Enforcement — No Scheduled Meeting for September
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 13 -002 O
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
ARTICLE III, "DEVELOPMENT REVIEW," OF CHAPTER 30, "ZONING CODE," OF
THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 30 -46, "PUBLIC
NOTICE," TO UPDATE THE PUBLIC NOTICE REQUIREMENTS TO ENSURE
COMPLIANCE WITH STATE LAW AND TO CLARIFY THE WRITTEN NOTICE
REQUIREMENTS FOR PROPERTIES SUBJECT TO A CONDOMINIUM
ASSOCIATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Brown read Ordnance No. 13 -002 O, title only, into the record.
Mayor Featherman — Ordinance No. 13 -002 O is scheduled for a Second Reading and Public
Hearing at next week's regular meeting. Does anyone on the Commission have any
further comments or questions?
Consensus was to schedule Ordinance No. 13 -002 O for a public hearing and second reading at
the September 3, 2013 meeting.
Town Commission Workshop Minutes
August 27, 2013 Page 3 of 8
6. NEW BUSINESS:
A) Authorization for the Mayor to sign One -Year Renewal for Dental Insurance with
Reliance Standard.
Town Manager Weiser — This is our annual renewal for our dental insurance. I am happy to say that
they originally asked for a seven percent increase and we were able to negotiate and get it down to five
percent. We did receive quotes back from three other companies but we are recommending we stay
with Reliance Standard. Comm. Stern — In looking at the chart, it makes sense to stay with Reliance
Standard.
Consensus was to include this item on the September 3, 2013 Consent Agenda.
B) Town Commission to authorize change in 2013 Holiday Schedule.
Town Manager Weiser — Our personnel rules and regulations calls for employees to have a half day
off Christmas Eve and a half day off New Year's Eve. With the way the holidays fall this year, the
employees are asking if they can combine the two half days and take Christmas Eve off as one day and
then work New Year's Eve as a regular work day. This seems to keep coming up and I am proposing
that we change it when we redo our rules and regulations, which we are in the middle of doing right
now. For this coming year, because it is stated in our rules and regulations that our vacation is half
day and half day, I need to come to you for permission to do this. Comm. Stern — I think it is a great
idea that you do it for this year. I am wondering if you want to do it for the future because if a holiday
falls on a Monday, how would you handle that ?. Town Manager Weiser — If it falls on a Monday,
then you would get Friday.
Consensus was to include this item on the September 3, 2013 Consent Agenda.
C) Town Commission to authorize purchase of a commercial fir tree in the amount up
to $4384.00 with monies being transferred from Reserve for Contingency Account
#001 - 590.000 - 599.000.
Town Manager Weiser — We have always used a real holiday tree out front, but because of the
weather and being so close to the ocean, it is very hard for those trees to live through the holidays
from the time we put them up. This year our "Light up the Holidays" is even earlier; ten days earlier
than last year. Our Town Clerk and Commissioner Stern have been looking into the possibility of
purchasing an artificial tree. We have quotes and our lowest quote is out of stock right now. Should it
come in during the month, we would go with the lowest quote. If it doesn't, we would like to go with
the second lowest quote. That is why we are asking for you to authorize an amount up to $4,384.
This includes the second lowest quote for a tree which is $3,884 and an additional $500 for new
decorations. Comm. Feldman — I think it is a great idea. Considering the size of the tree, do you
have a place to store it? Town Manager Weiser — We do have a place to store it. I wanted to point
out that all the different companies say, if you take good care of these trees, they should last at least
twenty years. In the long run, for what we spend on a tree each year, we should end up saving
Town Commission Workshop Minutes
August 27, 2013 Page 4 of 8
money. Comm. Feldman — We have to make sure that we purchase the storage container with it, if
there is one. Also, what type of lights will be on the tree? Comm. Stern — It will be pre -lit with
multi -color bulbs. They also indicated that if we use the shipping containers and repack it in those, it
will last forever. Town Manager Weiser — The price may seem high, but these are commercial trees
designed for being outside for an extended period of time. It is a fourteen foot tree. Vice Mayor
Brown — That is expensive for a Christmas tree. I went online and looked at the reviews of each
different company and surprisingly, as I always thought, you pay more you get a better product. The
cheapest product was reviewed relatively bad because it had problems with the lights catching on fire.
The third one, which is the one we had recommended, had 33 bad reviews from the Better Business
Bureau over the last three years including delivery. It doesn't really matter if everything goes well;
but if you are the one that doesn't get the delivery until December 26 th, then that is bad. The second
one had some very good reviews and comes out of Georgia; the fourth one out of California and the
other out of New York. The one that was at the Florida League of Cities is in Pompano but comes
out of Texas. It would have to be shipped; but we would have someone local and have some recourse
should it need to be fixed or replaced. I am not so sure if going cheap is the best way of doing it, if
we are looking at keeping it ten years. Town Manager Weiser — That would be a policy decision of
the Commission should you chose to up the amount that you allow up to, and direct us to look at the
reviews for the different trees. Vice Mayor Brown — I just wanted to throw that out because when I
looked at it first, it is always nice to go low; but if you divide all this by ten years, which is half of
what they say the life of it is, then it gets to where it is doable each year. I was shocked at the number
of bad reviews I read for the bottom two. Comm. Stern — In reviewing all of these trees, we tried to
get four prices so we would have something to compare. I do agree with Vice Mayor Brown, if we
do spend a little bit more and go with the tree that was on display at the League of Cities, indeed that
tree is one that would be sturdier. They sell it with the availability of making it fourteen feet to start
with; two years from now you can make it sixteen feet; you can make it twenty feet; it builds. It is
strong enough for people to actually climb. I think it is a better tree; but we always have to get the
price, because we are always trying to find the best price. Town Clerk Brown — The tree is
Christmas Designers and the price is $4897. Mayor Featherman — I received a call from someone
who said they went to Amazon. They mentioned a twelve foot tree and not a fourteen foot tree for
$900.00. The only reason I am bringing this up is because I was told about Amazon and their
pricing. Comm. Stern — Those trees that are $900 to $1500 are only used for indoors and not wired
for outdoors. Town Manager Weiser — I would suggest to you, if you are interested in getting the
highest quality and highly rated tree, you authorize a budget of $5500 which would include the $500
for accessories. I am not saying it will cost that much. We can negotiate with them and I am not
sure we would spend that much on decorations. If you authorize that amount, we could go ahead and
order everything next month.
Consensus was to include this item, amount up to $5500, on the September 3, 2013 Consent Agenda.
7. MISCELLANEOUS — ITEMS LEFT OVER:
B) Minutes:
June 25, 2013 — Workshop Meeting
July 2, 2013 — Regular Meeting
July 15, 2013 — Special Meeting
Town Commission Workshop Minutes
August 27 2013 Page 5 of 8
No corrections received from Commission.
Consensus was to include minutes on the September 3, 2013 Consent Agenda.
8. REPORTS — TOWN COMMISSION:
A) Commissioner Carl Feldman — I have one question regarding the budget. On the
negotiations for the fire engine, there were three different versions. If we allocate $130,000, what
happens if the Commission decides at a later date to buy it; how do we get the difference of the
money between $130,000 and $850,000? Finance Director Curtis — There are a couple of different
ways we can do it. We can get a lease agreement with the manufacturer, and our first lease payment
wouldn't take place until approximately a year following the placement of the order. If we were to
purchase it outright and pay cash up front, I would come back to the Commission with a Resolution
to amend the budget and add additional funds to it. Comm. Feldman — The Chairman of the Finance
Committee asked what would happen if the budget for redoing the Town Hall and the Police Dept.
comes to over $1.4 million. It might not happen; but what if it does? Would we have to stop the
construction and get approval from the residents because we went over the amount we could spend?
Finance Director Curtis — I don't believe we would have to stop. I believe the intent or original
makeup of the contract is the Commission approving a contract that is under the ten percent
threshold. I will refer this to the Town Manager or Town Attorney if this were to go over the
threshold. Town Manager Weiser — If this were to go over the threshold we would come back to you
because right now, you have in your Code, it would have to go out for a referendum. I don't
anticipate that happening because you have an architect who has built many town halls. Comm.
Feldman — What if that happens? Do we need to go for a referendum? Town Attorney Torcivia — I
am not sure. We might need a referendum at that point. Hopefully we are not going to go over the
ten percent. The numbers we are talking about are hundreds of thousands of dollars below the ten
percent. We may need to think about the contract that we prepare. There are maximum guarantee
price contracts which we could have with the builder; so the builder would assume the risk. Comm.
Feldman — In going over salaries for the Town, employees and Town Manager are given five percent
for doing a great job. The Police Chief has been at the same salary for three years because of the
limits. Why can't we vote an appreciation bonus of five percent to the Police Chief? Town
Manager Weiser — I don't believe he is topped out. Finance Director Curtis — I will look into it.
There are some other issues with regard to giving bonuses like that. There has been some legislation
that has been passed to restrict giving bonuses that aren't available to everybody. Comm. Feldman —
If he is topped out, could we still do that? Town Manager Weiser — I would not recommend it
because you have all your employees on a pay scale. Even if they are topped out, they still get that in
a check; a onetime five percent bonus check. We are going through a classification study right now;
so if somebody's salary is not right, you will know about it where we will be adjusting scales. Chief
Hartmann receives five percent as a bonus; is considered pay and does not adjust his salary. Comm.
Feldman — How would that show up in the budget? Finance Director Curtis — It shows up under the
salary line. If he receives a five percent bonus it will show up as one lump sum.
Town Commission Workshop Minutes
August 27 2013 Page 6 of 8
B. Commissioner Louis Stern — I would like to thank the Town for giving the Commission
the opportunity to go to the Florida League of Cities Conference in Orlando. It was very
enlightening, had some great sessions, had some very smaller meetings that were attended and
was terrific. I want to thank our Town Clerk, Beverly Brown, for organizing our transportation
and hotel rooms. It was a well done job. Comm. Stern read an article called "Luxury Home
Sales Soar This Summer" which indicated that Palm Beach County last month posted 98 sales of
homes priced at one million dollars or more.
C. Commissioner Dennis Sheridan — I personally met with all the heads of the different
departments. The general feeling that I observed was that all are pleased with the town operation
and extremely pleased with our Town Manager; the complete communication and open door
policy she has initiated. I would like to say a little bit about the outside company we have hired to
do the technical operations of our Building Dept.; namely Independent Inspections Limited. We
have been blessed with an extremely qualified Inspector, Mike Desorcy. I personally knew the
four previous inspectors and none of them did the job the way Mike does. He has an excellent
rapport with the residents as well as the contractors and architects. I would like to mention that
since he has arrived, he has initiated the use of a building form G701. This form must be filled
out completely when the total job exceeds $67,000 and must include all additional work done
under the original permit. Since this has been initiated by Mike, this form must be signed by not
only the contractor but the architect and owner before a notary. This process has brought an
additional amount of money into the Town totaling over $40,000. No other inspector or company
serving this Town has done this before and we are most appreciative of the work that Mike has
done on a daily basis. He is a true asset to our Town. Secondly, I too would like to thank our
Town Clerk for making all the arrangements we had regarding our Conference in Orlando. The
Conference was most interesting and informative, and I thank you Bev for doing such a great job.
I would like to suggest to our Town Commission that we send flowers to our former
Commissioner Doris Trinley who is back in Boca Hospital.
D. Vice Mayor Ron Brown — I would like to talk about bonus versus retirement. The only
reason we give them a lump sum check is because we don't want that added into his retirement
pay. Is that correct? Town Manager Weiser — No, it is topped out for what your salary is. They
still take out retirement from a bonus check; but your hourly rate remains the same. Vice Mayor
Brown — Last week was the first week of school and the Police Department was out there in force.
I had people in Bel Lido Isle stopping me and telling me that the Police Dept. did an excellent job
in keeping everybody safe. On any given day last week, every single police vehicle we have was
on the road between 7:00 and 8:00 and keeping track of our children. I would like to thank the
Police Dept. for a wonderful job. I will piggy -back on what the other Commissioners said about
the Florida League of Cities. It was a great meeting to go to and thanks Beverly for setting it up
and coordinating it. In addition to the meetings, we got to talk to all of our colleagues from the
214 towns throughout Florida.
E. Mayor Bernard Featherman — I would also like to compliment Beverly on doing such a
fine job. I have received several phone calls asking if there is a possibility of setting up an
electric charging station in Highland Beach. If there are residents who are interested in this type
of service, please contact us at the Municipal Town Hall at 561- 278 -4548. We have not gotten
Town Commission Workshop Minutes
August 27 2013 Page 7 of 8
permission yet on approval from the Commission to look into it further. If the Commission
would like me to look into this further, I would be glad to do it. What is the feeling of the
Commissioners on this? Comm. Feldman — I feel if someone has a car that needs to be charged,
they should have a charger at home. It should not be a municipal responsibility for us to charge
their cars. Mayor Featherman — We could charge them for it. Comm. Feldman — They would
have to leave their car here for two hours and it doesn't make sense. Mayor Featherman — The
people who have been talking to me live in condos. Comm. Stern — I understand the concept; but
I am not sure we have the space here. We have a parking problem as it is now and to tie up any of
this area does not make sense; unless you can come up with someplace other than the municipal
building. I am not sure I am in favor of it. Comm. Sheridan — I am in agreement with Comm.
Feldman. If the people have this need I think the easiest way is to do it in their own home. Vice
Mayor Brown — I agree. The hybrids have an engine that kicks on when the battery gets low and I
don't see that it is in our purview to provide anybody with a charger. Mayor Featherman — After
your comments I will not go any further on this.
9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA:
I just met with the attorney for the Boca property and that is going along well. We
had a productive meeting and I will be reporting more on that over the next couple of
meetings.
10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER:
While working with the Palm Beach County Sheriff's Office on computer issues, our Lieutenant
Eric Lundberg, who is our ITT person in the Police Dept., learned there was a possibility of
requesting additional laptops that the Sheriff's Office had just taken out of service. Through his
efforts, our department received twelve laptop computers worth more than $10,000 at no cost to
us. A special thanks to Eric for organizing that and a special thanks to the Sheriff's Dept. for
giving us those laptops.
11. PUBLIC COMMENTS AND REOUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
George Kelvin, Braemer Isle — With regard to the Board of Adjustment and Appeals,
there are two appointments opened. Could you explain what that board does and what the
responsibilities are? Town Clerk Brown — We have that information in our office and if he
would like to stop in we can go over that with him. Right now we have one application but are
still looking for more.
Town Commission Workshop Minutes
August 27, 2013 Page 8 of 8
12. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman adjourned the
Workshop Meeting at 2:10 PM upon a MOTION by Commissioner Feldman and seconded by
Commissioner Stern.
APPROVED:
AIUA/Llk
Bernard Featherman, Mayor
Ron wn, Vice Mayor
Dennis J. Sheridan, ommissioner
i . $t o i i ner
i
C Feldman, Commissioner
TTEST-
Beverly M. rown, MMC
o
Date