2013.10.29_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday October 29 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. Stem; 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.
Commissioner Feldman — I would like to add the Delray Fire Contract under New Business. Town
Manager Weiser — I am bringing that up under my item. Commissioner Feldman — I would like to
have a discussion.
Town Manager Weiser — I have two changes. I would like to add a presentation and introduce our
newest employee. Also, I would like to remove Item 6C (purchase of two vehicles for the Water
Treatment Plant) from the agenda. We will be bringing this back to you with more information.
By consensus the Commission accepted the agenda as amended.
Town Commission Workshop Minutes
October 29, 2013 Page 2 of 10
2. PUBLIC COMMENTS AND REOUESTS;
Carol Wittenberg, 3912 S. Ocean Blvd — I am here today to represent myself, my husband, Michael
Wally, Charles Whelan, Louisa Anderson, the retired Mayor of Delray Beach and all the other
alternative vehicle owners and future owners in Highland Beach. I would like to discuss my concern
for the environment and why I chose to own an alternative fuel vehicle (AFV) and what can be done to
ensure the future of Highland Beach and the environment. Since this vehicle was only manufactured
by car companies that were not in the United States, we purchased a Prius in 2005 and have been very
happy. Last year General Motors manufactured an AFV (Volt) and my husband and I purchased this
vehicle. We purchased this because we felt it would help the environment, be cost effective and help
the economy. I have driven electrically for the last year with that car and the average expense is
between six to eight dollars a month in electricity. My husband and I bought in Highland Beach three
years ago and we feel the people here are very progressive. I would like to suggest that there be a
charging station set up in the Town. This would go along with enhancing the environment in the
future.
3. PRESENTATIONS:
Town Manager Weiser — I would like to present David Richards, our newest employee in the Water
Plant. Dave Ailstock, Water Plant Superintendent — David Richards has six years of Reverse Osmosis
training; an AS degree from the Palm Beach State College; working on his BA in Information
Management; has a Class B Water license and is working on his Class A. David Richards — I would
like to thank everyone for giving me the opportunity to work for your Town.
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.
Talent Bank Interview
Peter Rodis — 3224 S. Ocean Blvd.: Was not present.
The Commission accepted Peter Rodis resignation from the Code Enforcement Board, but
did not reappoint him to the Board of Adjustment and Appeals Board.
• Code Enforcement Board - Two Appointments
D) Monthly Board Meetings:
• Planning Board — November 13 — 9:30 AM
• Financial Advisory Board — November 15' — 9:00 AM
• Beaches & Shores Advisory — No Meeting Scheduled
• Bd. of Adjustment — Meetings are scheduled on a "as needed" basis
• Code Enforcement — Meetings are scheduled on a "as needed" basis
Town Commission Workshop Minutes
October 29, 2013 Page 3 of 10
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 13 -003 O
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
ARTICLE I, "IN GENERAL," OF CHAPTER 6, `BUILDINGS AND STRUCTURES,"
OF THE TOWN CODE OF ORDINANCES BY AMENDING THE ADMINISTRATIVE
AMENDMENTS INCORPORATED INTO SECTION 6 -27 TO INCORPORATE
STREAMLINED INSTALLATION AND PERMITTING PROCEDURES FOR LOW
VOLTAGE ALARM SYSTEMS; PROVIDING FOR CODIFICATION PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Town Clerk Brown read Ordnance No. 13 -003 O, title only, into the record.
Mayor Featherman — Ordinance No. 13 -003 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 -003 O for a public hearing and second reading at
the November 5, 2013 meeting.
B) RESOLUTION NO. 13 -014 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, UPDATING THE SCHEDULE OF FEES AND CHARGES FOR THE
TOWN BUILDING DEPARTMENT TO INCLUDE A PERMIT FEE FOR LOW VOLTAGE
ALARM SYSTEMS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Town Clerk Brown read Resolution No. 13 -014 R into the record.
Town Manager Weiser stated that this Resolution updated the Town's fee structure to include the
fee allowed by State Statute for "low voltage alarm systems."
Consensus was to include Resolution on the November 5, 2013 Consent Agenda.
6. NEW BUSINESS:
A) Commission to Approve and Authorize Implementation of "2013 Classification
And Compensation Pay Plan."
Town Manager Weiser — In last year's budget you authorized us going out for a Consultant to redo our
Classification and Compensation Plan which is commonly referred to as a Pay and Class Plan. This
Town Commission Workshop Minutes
October 29, 2013 Page 4 of 10
has not been done in fourteen years. We went out for bids and there were five different companies
that bid for this particular project. We went with Cody & Associates. You have their report which
includes their methodology: first, how they came in and analyzed the different employee's jobs;
secondly, how they do their salary surveys and third, their recommendations to us. You have in front
of you, a pay plan that has been recommended by them. With the exception of one re -class, there are
no raises involved in most positions. It is just that their top -out is being changed to more modern
times of what it should be.
Comm. Stern — I think it is a great idea. Our employees will have more incentive to know that they
have still some room for advancement.
Comm. Sheridan — I spoke with the Town Manager and she has clarified several things that I did have
questions on.
Vice Mayor Brown — I think what this does is show new employees, when they come on board, the
capability they have to advance versus the old way that we had. I am in favor of it.
Mayor Featherman — Are we taking this classification according to the town size or just generally any
town in Florida that can have up to several hundred thousand. Town Manager Weiser — A little bit of
both. They use the Florida League of Cities surveys, which is all towns. They also specifically chose
towns that are our size, or within our area, of who we would be competing for employees.
Commissioner Feldman — Does this include merit bonuses also? Town Manager Weiser — No, merit
bonuses are within their range. When they get a merit bonus that is how they move up in their range.
This Pay and Class Plan should never sit on a shelf for fourteen years and I am hoping that we update
a little more often.
Consensus was to include this item on the November 5 Consent Agenda.
B) Commission to Authorize the Mayor to Sign a Contract with Susan Bucher,
Palm Beach County Supervisor of Elections for the March 11, 2014 Highland
Beach Municipal Election.
Town Manager Weiser — This is something we need to do to help pay for the election. This falls under
the Clerk's Office. It is a contract we need to sign with the Supervisor of Elections in order to pay our
pro rata share of the election.
Comm. Feldman — Is it correct that we pay for the entire election. Town Clerk Brown — We pay for
the rental of the equipment; we pay to move the equipment and we pay for the Supervisor of Election
to train our employees. Then we have to pay a set -up fee to a company to design the ballot that we use
for absentee ballots and voting machines. The Supervisor of Elections sets the salaries and all the fees
involved in the election process. Comm. Feldman — What does it cost us approximately per ballot?
Town Clerk Brown — The total cost is about $8,500. The last election breakdown was about $150 per
vote, including absentee ballots.
Town Commission Workshop Minutes
October 29, 2013 Page 5 of 10
Vice Mayor Brown, Comm. Sheridan and Comm. Stern had no further questions.
Consensus was to include this item on the November 5 Consent Agenda.
C) Commission to authorize the purchase of Two Vehicles for the Water
Treatment Plant.
Town Manager Weiser had requested that this item be removed from the agenda.
D) Discussion on Town's Contract with Delray Beach Fire Rescue.
Commissioner Feldman — The Coastal Star newspaper reported on this and indicated that Delray
Beach is going to the County for a quotation. We presently have a contract with Delray Beach. Under
that contract it looks like if they take another source for themselves for fire and rescue, they can pass
our contract over to the other source. My question to the Town Attorney is can they do that or can we
refuse that. Town Attorney Torcivia — I don't have the contract with me but my memory is that there
is an out clause in the contract, but I think it is a year's notice. Comm. Feldman — Can they take our
contract and sell it to someone else. Town Attorney Torcivia — I am not sure if they are going to go to
the Palm Beach Fire Rescue, but if they do, it will be at least a year long process. So, if they do that,
we have the opportunity to give them notice that we are terminating the contract. Realistically we will
never have to go to Palm Beach Fire Rescue. If they do go, then you will have a decision to make. Do
you agree to that, or do you want to get out of the Delray contract? Town Manager Weiser — We
would have all the provisions in front of us that the County would be providing at such time. So, you
would be able to look at that contract and see if that is what you would want to do. Comm. Feldman —
The Town of Gulf Stream is paying $389,000, which is a smaller town than us, and still has to be
manned 24/7. Why are we paying 3.0 million dollars? Town Manager Weiser — We have a station
and they don't. Comm. Feldman — Why can't we go to the County and get a quotation? Town
Manager Weiser — They will not provide fire service unless they are providing service contiguous to
you. They don't provide service to Boca, Delray or Gulf Stream which is all around us. It would open
the door if they were providing it in Delray to provide it to us. The majority of the money we pay is
going towards salaries. The salaries are not going to be that much different with the County then they
are with Delray or Boca. It depends on what their salaries and pensions are.
Comm. Sheridan — I heard that the situation in Delray was basically instituted by the fire department
themselves, not the Commission, because there are better benefits coming out of the County then there
are out of Delray at this point. I don't know whether the Commission is going to accept that or not. I
can say that we had a situation here trying to change, or inquiring about changing, our police
department from our local over to Palm Beach County, and the people certainly responded they didn't
want that at all. They want their own.
Comm. Stern — I think it is prudent for us to be aware of what is transpiring. But I don't think it is
prudent for us to do anything at the moment.
Vice Mayor Brown In Broward County, a lot of small towns went with the Broward Sheriff's Office
and now they have had a tremendous increase because they have a new Sheriff. A lot of the small
Town Commission Workshop Minutes
October 29, 2013 Page 6 of 10
towns have actually had their costs doubled and are looking for ways to back out of their contract. I
don't think we should jump into this. I don't think we should look into changing our fire department
because it is on us, the Commission's inherent responsibility, to insure safety for this town.
Mayor Featherman — I would agree with Commissioner Feldman to look into getting a price to at least
get an indication to where we are competitive. Maybe we could get a lower price and that would give
us a bargaining point to negotiate if they don't go with the County.
Comm. Feldman — Could you check into what Manalapan is paying the County for their 24/7 service.
Town Attorney Torcivia — The Palm Beach County League of Cities just formed a committee on this
topic of Palm Beach Fire Rescue fees because more and more communities are with Palm Beach Fire
Rescue which is a very strong union and is becoming very expensive for the communities using them.
The task force is looking into evaluating how we can basically get the best bang for the dollar. Why
are we spending so much money? The benefits, pensions and salaries are the best. I hear that Delray
is being driven by the union members. I had a conversation today about West Palm Beach and the
Sheriff and folks are encouraging other union members to go with the bigger organization. Then there
is resistance by local governments because there is usually a higher price ticket. Palm Beach Fire
Rescue goes on your tax bill and it is about 3.5 mills county wide. Town Manager Weiser — We
would know long ahead of time if they were going to go with the County to look at different
alternatives, if that is what we want to do. It is all going to be a price tag. There are various options
involved. For the record, you have taken specific votes concerning dispatch and a fire truck. At this
time, I am letting you know we are putting those on hold until we have a decision from Delray and
what they are going to be doing with their fire service.
7. MISCELLANEOUS — ITEMS LEFT OVER:
B) Minutes:
September 24, 2013 — Workshop Meeting
October 1, 2013 — Regular Meeting
No corrections received from Commission.
Consensus was to include minutes on the November 5, 2013 Consent Agenda.
8. REPORTS — TOWN COMMISSION:
A) Commissioner Carl Feldman — At the last meeting I brought up the fact that we should look
into the contract that the Building Dept. has with the outside source. Not looking to replace them, but
under the original agreement they supplied us with two inspectors because they were very busy. It
seems that Mike is really stretched out. He is putting out a lot of permits and inspections. I feel
when he is overworked like that, we are giving them enough money that he should get some help and
not use our Code Enforcement person, who we use as a full time employee. I would like to know
why they supplied two people in the beginning and now we have one? Also, when is their contract
up? Comm. Sheridan — It is my understanding that right now this company is advertising for an
Town Commission Workshop Minutes
October 29, 2013 Page 7 of 10
additional employee for us. Comm. Feldman — If they do delay any further, I would suggest we
hold back money from them.
B) Commissioner Louis Stern - My report today is a follow up request that was made by
Commissioner Feldman to look into the fact that we may want to change from contract back to in-
house. I was here with the former Building Inspector for the six years that I was on the Planning
Board. I found out that as I worked with him, and he was the most intelligent, honorable person I
knew; as time went on he got a little lazier, and developed an attitude that things could be done
tomorrow that didn't have to get done today. He had plenty of help and plenty of time. So, with that
in mind, I have a report to pass out comparing, which should help you understand, what we are
paying and what we are getting. It is good news that they are looking for a second person; but
generally they have given us help when we do need it. We have a fixed number here. If you look at
what our expenses were, it was a very intelligent move for us at the very beginning because permits
went down, income went down and we were paying between the two building inspectors, a large
amount of money for salaries, bonuses, cars and so forth. During those years our fees were down to
one hundred twenty to one hundred forty thousand dollars. We are now over two hundred thousand
dollars in fees. That may or may not go up in the future, because I don't know how much more land
can be developed, except for some teardowns in Bel Lido and on the ocean. I think we are probably
at a pinnacle of what we are going to get for fees. We have a controlled cost of what it is going to be
for us without reviews, salary increases and more bonuses to personnel in the house. It was an
intelligent move in 2009 and in 2013 it is still intelligent to keep this as an outside contract; because it
is to our benefit. With these numbers I think you can get a feel that I don't see any need for a
change if they continue to meet our needs. I sat with our current Building Inspector and he does need
some help and he will receive it. He will never get the attitude that I had when I was working along
with the former Building Inspector. I would like to complement our staff for having gotten our
walking path finished with a blacktop and at no additional cost over and above what we paid for our
repairs. Congratulations staff - great job. (Chart that Commissioner Stern submitted is attached to
the minutes as Exhibit A)
C. Commissioner Dennis Sheridan — I would also like to complement those people who were
responsible. The DOT did a great job. They were very conscientious and worked very well.
D. Vice Mayor Ron Brown - Same thing. I have walked the path from one end to the other and
it looks great. Thank you for all you did. I agree with Commissioner Stern. I think we should look
seriously at costs before we jump into an emotional decision on any type of change in our Building
Inspector. He is doing a great job and we don't have to pay him the retirement and all the other
benefits tied into hiring a full time employee. To the Police Department; you have your work cut out
for you Thursday night. Take care of all of our little goblins running around and make everybody
safe.
E. Mayor Bernard Featherman — I was very pleased that we got a grant that came in after we
did the repairs on the walk path and it was finished properly. It was a money grant given to us by a
government agency. We also have a Proclamation that was given to me which reads for the
Town Commission Workshop Minutes
October 29, 2013 Page 8 of 10
Mayflower Group coming over. There was one sent back in 1995 by our former Mayor Arlin Voress.
They would like to get a Proclamation in stating their 393` anniversary of signing the compact on the
Mayflower and it will take place on the 22nd day of November 2013. I would ask that the
Commissioners approve this so they could have this in time for their meeting this coming month.
Consensus was to issue the Mayflower Compact Proclamation.
IEMO III — Leadership Challenge - November 22 -23, 2013
I am asking for permission to attend the Leadership Challenge. Most of our Commissioners have
attended one or two meetings. There are three of them given for elected officials. The meeting will
be held in Orlando on November 22 & 23 for only the elected officials that have gone through the
first two meetings. Town Manager Weiser — With EMO, you have the first class and then you have
the advanced. They are starting now a third class that is called the Leadership Challenge. The reason
why the Mayor is bringing this to you is that we did not budget for this, because three of you have not
gone through the second class. We anticipate the cost for going to this would be between $800 and
$1,000. We don't have this budgeted this year so if you were going to authorize this expenditure you
will have to add it. Comm. Feldman I don't think we should approve this. Comm. Stern It says
it is an inaugural class and please note that it will be held in the future. I think we should go on the
next go around when it is established. Comm. Sheridan — I am concerned that if it is not a budgeted
item, at this particular point, can we put it off until next year. Town Manager Weiser — I would
suggest if that is your route, then once all of you have gone through the advance class, we will know
when we put in the budget how many of you will be going to the Leadership Challenge. Vice Mayor
Brown — I agree. It is not in the budget and there are elections in March. After four nay votes by
the Commissioners, Mayor Featherman stated that he would not attend the Leadership Challenge.
9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA:
A brief update on the Boca property transaction. It is moving along very well. Kathleen and I had a
conference call last week with Mr. Durrett and his team and everything is on tract. This coming
Tuesday we will submit our Comprehensive Plan Amendment to Boca; Mr. Durrett's team will
submit their site plan amendment and at the same time we will meet there and walk it in together. We
have been coordinating very well with them. We are within the budget that you gave us the authority
to do.
10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER:
A) Cancellation of the December 31, 2013 Commission Workshop Meeting.
Your Workshop in December falls on Tuesday, December 31 Traditionally you have cancelled any
meetings that take place between the holidays because so many people have families in Town and
have plans, including our residents.
Consensus was to include this item on the November 5 th Consent Agenda.
Town Commission Workshop Minutes
October 29, 2013 Page 9 of 10
B) Update on Water Tower painting.
Town Manager Weiser — There was some action there last week. Sprint was putting up antennas that
we had authorized months ago. They wanted to do that before the painting starts. The painting
should start Friday. If not, Friday of next week. We are going to be putting up some ribbon and a
sign for people. There is not supposed to be any spattering of paint but if people want to park back
by the Library during the couple of weeks that we will be doing the painting; it is at their own risk.
There will be a sign that will state PARK AT YOUR OWN RISK.
Thursday is our annual Halloween party here at Town Hall. You are all invited to show up and be
our judges for our costume contest. We will have treats all day long. That usually takes place at
10:00.
Comm. Feldman — Has there been any progress at the 3200 S. Ocean site. People have been asking
about it. Town Manager Weiser — I will get an update for you. The last I heard they had sold a
couple of units and doing well. Comm. Sheridan — I spoke to Mr. Cohen today regarding my
complaint about the mangroves and he did inform me that they are in thick negotiations right now
with the mangrove situation with the Army Corp of Engineers. I also complained about the fence that
you people are looking at and suggested that they not only repair it but replace it because it is falling
down. He indicated that he was going there this afternoon to look at it. I also reminded him that we
are six months into it so be aware that you have one year to put a shovel in the ground. He said they
are moving along quite well.
11. PUBLIC COMMENTS AND REOUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Carol Wittenberg came before the Commission to speak about the electric car charging station which
she had discussed during the public portion of the meeting. Since this was not an item on the agenda,
it was ruled out of order.
George Kelvin, Braemer Isle — The last time I read Roberts Rules, there is a section that says "no
Commissioner can speak unless recognized by the Chair ".
12. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman adjourned the
Workshop Meeting at 2:15 PM upon a MOTION by Commissioner Sheridan and seconded by
Commissioner Feldman.
Town Commission Workshop Minutes
October 29, 2013 Page 10 of 10
APPROVED:
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✓ L J A
Bern Featherman, Mayor
Ron own, e Mayor
Dennis J. She , Commissioner
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Stern, mmissioner
OIA C el&An, CbG&ssioner
ATTEST:
Beverl M. own, MM C
Date