Loading...
2013.11.26_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, November 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 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. Receiving none, the agenda was accepted as submitted. 2. PUBLIC COMMENTS AND REQUESTS; No public comments received. 3. PRESENTATIONS: No scheduled presentations. Town Commission Workshop Minutes November 26, 2013 Page 2 of 9 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • No Report C) Board Vacancies: • Beaches & Shores Advisory Board — One Appointment Talent Bank Application(s) Peter Rodis — 3224 S. Ocean Blvd. Mr. Rodis appeared before the Commission indicating that he would like to serve the community and would very much like to be appointed to the Beaches & Shores Advisory Board. He has lived in Highland Beach full time for two years; has owned for ten years and gave a brief description of his background as a real estate broker. Rhoda Zelniker — 3912 S. Ocean Blvd Mrs. Zelniker appeared before the Commission indicating that she would like to serve on the Beaches & Shores Advisory Board and is committed to the Town and the environment. Ms. Zelniker has lived in Highland Beach for nine years and is serving on the Board at Regency Highlands. She is a member of Gumbo Limbo Nature Center as well as a volunteer; a member and volunteer at the Boca Museum of Art and a volunteer at the Boca Hospital. She described her duties as a volunteer at Gumbo Limbo Nature Center indicating that she worked very closely with the turtle volunteers, school children and the gift shop Commission Discussion: Commissioner Feldman — Both candidates have very good credentials. Peter has great credentials for serving on the Board of Adjustments and Appeals. He was a real estate agent, knows construction and the town. Rhoda has great credentials working with the Beaches & Shores Advisory Board. Commissioner Stern — Peter has served on another Board and has applied to other Boards. They both have talents and both could serve. I believe it should go to a vote. Commissioner Sheridan — I believe Peter's talent lies more with the Board of Adjustment and Rhoda's, with her experience with Gumbo Limbo, lies with the Beaches & Shores. Vice Mayor Brown — I agree with all the comments and feel Rhoda seems to be more suited for the Beaches & Shores. Town Commission Workshop Minutes November 26, 2013 Page 3 of 9 • Board of Adjustment & Appeals — One Appointment. Talent Bank Application Joel Leinson — 3740 S. Ocean Blvd. Town Clerk Brown indicated that Mr. Leinson was not able to come to the meeting and will be considered at a future date. • Code Enforcement Board - One Appointment • Code Enforcement — One Re- Appointment Talent Bank Application Don Gill — 4740 S. Ocean Blvd. Mr. Gill appeared before the Commission stating that he has been on the Code Enforcement Board for two years and would like to serve for another term on the Board. Consensus was to place Rhoda Zelniker's appointment to Beaches & Shores Advisory Board; Peter Rodis' appointment to Board of Adjustment and Don Gill's re- appointment to Code Enforcement on the December 3, 2013 Consent Agenda. D) Monthly Board Meetings: • Light Up the Holidays — December 2 nd - 5:00 PM • Bd. of Adjustment — December 10 - Public Hearing — 9:30 AM • Planning Board — December I I — Annual Meeting - 9:30 AM • Beaches & Shores Advisory Board — December 12 — Annual Meeting - 9:30 AM • Code Enforcement Board — No Scheduled Meeting. 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 13 -004 O AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE TOWN OF HIGHLAND BEACH TOWN CHARTER; AMENDING ARTICLE 1 "GENERAL PROVISIONS ", SECTION 1.06 "TOWN COMMISSION CREATED; ELECTION; TERMS; TOWN CLERK; QUALIFICATIONS OF ELECTORS; GENERAL ELECTION LAW' TO ESTABLISH THE TOWN'S CANVASSING BOARD TO PROVIDE THE TOWN COMMISSION THE DISCRETION TO DELEGATE ITS CANVASSING BOARD RESPONSIBILITIES TO THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE TOWN CLERK; ESTABLISHING THE DATE OF MARCH 11, 2014, FOR THE REFERENDUM; PROVIDING A BALLOT TITLE AND QUESTION; PROVIDING FOR NOTICE AND ADVERTISING OF THE REFERENDUM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIV DATE. Town Clerk Brown read Ordnance No. 13 -004 O, title only, into the record. Town Commission Workshop Minutes November 26, 2013 Page 4 of 9 No Comments. Consensus was to schedule Ordinance No. 13 -004 O for a First Reading at the December 3, 2013 Regular Commission Meeting. B. RESOLUTION NO. 13 -015 R. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 12 -005 R WHICH APPROPRIATED FUNDS FOR THE 2012 -2013 FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2012 AND ENDS SEPTEMBER 30, 2013. Town Clerk Brown read Resolution No. 13 -015 R into the record Town Manager Weiser — We do this every year to balance our books where we needed to adjust funds. There were five different areas where we needed to do some adjustments of funding. Consensus was to place this item on the December 3, 2013 Consent Agenda. 6. NEW BUSINESS: A) Commission to Authorize the Mayor to sign the Renewal of the Interlocal Agreement between the Town of Highland Beach and the Palm Beach County for use of the County Public Radio System. Town Manager Weiser — This is a renewal of an agreement that we have with Palm Beach County to use their radio communication services and to receive dispatch calls for services from them. The original agreement was established in 2005. The Town Attorney's office has reviewed this and given it the stamp of approval. Comm. Feldman — Does this have anything to do with the 911 call center? Chief Hartmann — Yes, it is through the County radio system where our emergency calls go through Palm Beach County. Comm. Feldman — In the budget, we had this system that we were going to switch over; what happens to the forty - five /fifty- thousand dollars. Town Manager Weiser — It is still there. We are not going to know for a few more months as to what we are going to be doing. We budgeted for both for a whole year. Comm. Sheridan — Has there been a change in fee for this year. Chief Hartmann — No, it is still the same price. Vice Mayor Brown — If we do go with Delray, will the $9500 be reimbursed at a pro -rated price or is this a year. Chief Hartmann — No, we do not pay this anymore. This goes away if all of our calls go through the City of Delray. We will have to stay in this radio system until we change; if we change. Town Attorney Torcivia — This contract is five years and can be terminated on six months' notice. If you decided to go with Delray you would give the County six months' notice and you can stop paying when you terminate this agreement. Town Commission Workshop Minutes November 26, 2013 Page 5 of 9 Consensus was to place this item on the December 3, 2013 Consent Agenda. B) Commission to Authorize Staff to negotiate a Contract for IT Services with Essential Net Systems, or, if unable to come to an agreement, negotiate with the next Highest ranked firm. Town Manager Weiser — This is a contract for the IT services for the Police Department. There are certain elements in the Police Department that are specific to safety services that require a higher expertise. What this contract does is hire someone to do those services for the Police Department. Comm. Feldman — Is this particular company one that we have done business with in the past? Chief Hartmann — We have not; but other municipalities have. We have an individual who is doing some of our work now. We are looking for a company to help integrate some of our IT, our software with the exchange server; but also from our law enforcement side that has some sensitive criminal justice standards that we have to meet. Comm. Feldman — Is there any way we can use the Library's IT person's expertise. Chief Hartmann — The people we use have to be criminal justice certified with criminal justice information systems. Comm. Stern — How large a contract are you considering in dollars with this new IT firm? Chief Hartmann — It is only several thousand dollars for the whole year. Town Manager Weiser — There is about $8,000 budgeted. Vice Mayor Brown — Why Essential Net Systems and not TCMR? Chief Hartmann — They came out first in our selection process. They have extensive background in our USA software and reporting system that we use in our laptops in the field and our computer systems. We will negotiate with them as to what we want them to do and how much we want to spend. Consensus was to place this item on the December 3, 2013 Consent Agenda. C) Commission to ratify decision of Town Manager to waive Section 3 -4 of Town Code allowing the "Friends of the Library" to hold a Wine and Cheese Fund Raiser at the Library and consider amending code to allow exemptions or deleting the code provisions. Town Manager Weiser — At the last meeting we talked about the Wine and Cheese Fund Raiser at the Library. We found that in our Code, alcohol is not permitted on town property. Since they already advertised for this event and sold tickets, I went ahead and waived that section of the code and am asking you to ratify my decision. Furthermore, because this code section was written years ago, I would like you to consider either deleting that portion of the code or putting some provision in there that would grant me the right to give exceptions. Comm. Feldman — Is there anything in the Code that has to do with money. Town Manager Weiser — This section has to do with alcoholic beverages. (Town Manager read that portion of the Code into the record). Town Commission Workshop Minutes November 26, 2013 Page 6 of 9 Comm. Stern — I suggest we remove it from the Code for the future. Comm. Sheridan — Is there any further exposure to liability on behalf of the Town if we do this? Town Manager — What I would suggest is that anytime an outside organization is going to serve alcohol on our property, you make sure they have a Certificate of Insurance that names you as an additional insured; or if they are willing to sign off, that they do not hold us liable. Comm. Sheridan — If there is no further liability exposure for us, I am in favor of deleting it. Town Attorney Torcivia — I am not sure delete it; maybe amend it. It also talks about parks and alleys; so we will make an exception to deal with the Library or city owned property. Mayor Featherman — I will also vote for this. Vice Mayor Brown — I don't think we should delete it from the code. I think we should have an exception for that, and when we have that exception; it should come before the Commission to grant that exception. Town Manager Weiser — I would suggest giving the Manager the authority to grant exceptions. You are going ahead and ratifying my decision with the Library and we will work on something to change that section of the Code. Vice Mayor Brown — I think we should put it under Old Business and not on the Consent Agenda so we can discuss it at the next meeting. Town Manager Weiser — May I assume that the ratification for the Library to have their event may go on Consent, since the event is taking place just a couple of days after your meeting. We will then put the discussion on future alcoholic events on New Business. D) Commission to approve Revision of the Town of Highland Beach Personnel Rules and Regulations to become effective January 1, 2014. Town Manager Weiser — You have the updated Personnel Rules and Regulations in your packet. Our Personnel Rules and Regulations were extremely outdated; some of which weren't even legal anymore. Many of the changes were for legality or because we don't do them anymore. These are our by -laws working for the Town that we follow with all our employees. Town Manager Weiser read the following changes into the record: Page 60, Section 6 (Sick leave before or after a holiday); Page 67 (Payment of sick leave upon separation of employment) and Page 79 (Involuntary termination). Comm. Sheridan — What is the duration of this particular agreement? Town Manager Weiser — It is not an agreement; it is your Rules and Regulations. Comm. Sheridan — How long before it has to be revised? Town Attorney Torcivia — It can stay in effect forever as your last one did. We would suggest every year or two taking a look at this since laws do change. Town Manager Weiser — Sections get tweaked; the whole document should not have to be redone that often. Consensus was to place this item on the December 3, 2013 Consent Agenda. Town Commission Workshop Minutes November 26, 2013 Page 7 of 9 E) Commission to Authorize the purchase of two (2) new vehicles in the amount of $46,333.82 (with trade -in) for the Water Treatment Plant and declare two (2) 2003 pick- up trucks as surplus property so they can be traded in. Town Manager Weiser — This is a budgeted item where we are taking two old vehicles and declaring them surplus property and also purchasing two new vehicles. The Town will be purchasing these vehicles under State bid contract price for a total price of $50,833.82. The trade -in allowance for both old trucks is $4,500 for a net owed of $46,333.82. Dave Ailstock, Water Plant Superintendent — The trade -in value shows just how bad shape the two trucks are in. Comm. Feldman — There is a vehicle that has "Code Enforcement" written on it. Does that belong to Code Enforcement? Dave Ailstock — She is borrowing the operator's pick -up truck right now; but she will be using the new Escape along with the Director. Town Manager Weiser — She has a magnet she places on the vehicle. Consensus was to place this item on the December 3, 2013 Consent Agenda. 7. MISCELLANEOUS — ITEMS LEFT OVER: B) Minutes: October 29, 2013 — Workshop Meeting November 5, 2013 — Regular Meeting No corrections received from Commission. Consensus was to include minutes on the December 3, 2013 Consent Agenda. 8. REPORTS — TOWN COMMISSION: A) Commissioner Carl Feldman — This coming Monday is Light up the Holidays at 5:00 PM. We have chairs and a great program put on by Commissioners Sheridan and Stern. On Friday, December 6"' we have the Wine & Cheese. If you can't make it, please give a donation to the Library. Finally, we have Coffee with the Mayor on Monday December 9 at 10:30 a.m. B) Commissioner Louis Stern - With Thanksgiving this Thursday, we all have a lot to be thankful for. Let's remember those who have been a little less fortunate in our area and in the Midwest with all the storms. Take a few moments and send a donation to a charity that is a recognized one. C) Commissioner Dennis Sheridan — I would like to take this opportunity to wish all our residents and hope they enjoy a very happy Hanukkah and Thanksgiving Season. I would also like to invite all the residents and their families to join us on Monday for Light up the Holidays. We have a wonderful program and lots of goodies. Town Commission Workshop Minutes November 26, 2013 Page 8 of 9 D) Vice Mayor Ron Brown - Happy Holidays to everyone. Everyone needs to come out and support the Town on the Light up the Holidays E) Mayor Bernard Featherman — We should support Light up the Holidays. It is very important that we support the Library and the Wine & Cheese is being put on by Friends of the Library. I would also like to invite all Highland Beach residents to Coffee with the Mayor on Monday, December 9 th at 10:30 a.m. Happy Holiday season to all. 9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: I want to wish everyone a Happy Hanukkah and Happy Thanksgiving. 10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER: We received a letter from the Cystic Fibrosis Foundation. They are having their Cycle for Life Event on Saturday, January 25, 2014. The ride takes place along AIA and they would like your permission to have a rest stop with a table and tent and water in our parking lot. It takes place at 7:30 a.m. We have no problem with that and would like your consensus to give them that permission. Consensus was to allow the use of the parking lot by the Cystic Fibrosis Foundation on January 25, 2014. I want to wish everyone Happy Hanukkah, Happy Thanksgiving and Happy Holidays 11. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Jim Jiovanazzo, 3700 S. Ocean Blvd — I was concerned about the electrical shortages that have been going on and if this is being caused by the electrical work being done on our streets. It has happened as recently as this morning. Regarding the discussion on the alcoholic beverages being served at the Library event, I think you should consider that there could be a problem with someone getting into some type of accident. Town Manager Weiser — The electrical outage is happening outside of us and it is my understanding that it has been corrected about one week ago. All of these outages are not specific to Highland Beach; but I still report it to them when we have an issue. They have been very responsive to us and explained the reason. They have been working to improve their lines. Peter Rodis — 3224 S. Ocean Blvd — In terms of our issues with West Palm Beach and Delray Beach on our 911, do we know when we might be transferring to Delray. Town Attorney Torcivia — I met with the Attorney yesterday and they don't have any idea. My best guess is that Delray will not decide until after their elections in March. Alan Teller, 4210 S. Ocean Blvd — I would ask that you carefully look to see if our liability insurance covers liquor law legal. If you should bring in an outside server for any of these occasions, you want to Town Commission Workshop Minutes November 26, 2013 Page 9 of 9 make sure that they cover liquor law legal liability and that they name the Town as insured on their policy. George Kelvin, 4740 S. Ocean Blvd — What are the parking arrangements for Light up the Holiday? Comm. Sheridan — We have made arrangements with St. Lucy's to park any cars over there and are trying to get a shuttle for disabled persons only from that area. 12. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 2:30 PM upon a MOTION by Commissioner Sheridan and seconded by Commissioner Feldman. APPROVED: r r Bernard Featherman, Mayor Ron own, Vice Mayor Dennis J. Shen , Commissioner ouis 1. Stem, ommissioner e t,t 1 �x . Carl Feldman, Commissioner ATTEST• everly M. Br wn, M C at �