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2014.02.04_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, February 4, 2014 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 Dennis J. Sheridan; Commissioner Louis P. Stern; and Commissioner Carl Feldman. Also present: Town Attorney Glen Torcivia; Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; Finance Director Cale Curtis; Public Works Director Edward J. Soper; Police Chief Craig Hartmann; Building Official Michael DeSorcy; 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 presented. 2. PUBLIC COMMENTS AND REOUESTS: Barry Donaldson, 3700 S. Ocean Blvd — In keeping with Commissioner Feldman's request and the Commission's agreement to have a resident architect review the architectural drawings for the Town Hall renovations, I have reviewed the plans. I prepared a short letter lining some suggestions and comments and asked that it be distributed to all those involved in this project. In summary, I found no significant issues on the drawings that should hinder your action in moving forward with your agreement with BSA Construction. While there may be some items still under development, and I hope my suggestions might be taken into consideration as well, it is the nature of the GM Risk agreement to get your contractor on board and let him work with your designers and architects to finish the process before they establish the GMP (guaranteed maximum price). Being familiar with your architect, Bridges and Marsh and the GM at Risk, BSA Corporation, I am satisfied that you are in good hands and urge you to go ahead with it. Town Commission Regular Minutes February 4, 2014 Page 2 of 14 Rhoda Zelniker, 3912 S. Ocean Blvd — I recently met with Chief Hartmann and reviewed the architectural plans for the renovation of the Police Department and he gave me a tour of the existing phase. We also discussed various issues that the Police Department has to confront on a regular basis such as bike riders, safety on the beaches and the innovative new program to serve the needs of our elderly residents; especially those who live alone. In response to some of the events related to members of our community experiencing severe depression, and in some cases threatening suicide, our Police Chief has initiated a responsive system where police officers will check on Highland Beach residents when notified by a neighbor or family member as to the concern of the wellbeing of any resident. He also asks that if you see something, say something, to the department. 3. PRESENTATIONS: No presentations were scheduled at this meeting. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Read into the record. C) Board Vacancies: • Code Enforcement Board — One Appointment D) Monthly Board Meetings • Planning Board — February 12' — 9:30 AM • Bd. of Adjustment — February 18 — 9:30 AM • Beaches & Shores Advisory — No Scheduled Meeting • Code Enforcement — No Scheduled Meeting 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 14 0010 — First Reading AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE TOWN OF HIGHLAND BEACH TOWN CHARTER; AMENDING ARTICLE I "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; 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 EFFECTIVE DATE. Town Commission Regular Minutes February 4, 2014 Page 3 of 14 Town Clerk Brown read Ordinance No. 14-0010 into the record. Board Discussion: Comm. Feldman — Is this going on the ballot as a yes or no question? Town Attorney Torcivia — Yes it is. Comm. Feldman — Is the wording of the question on the ballot the same as what we have here? Town Clerk Brown — Yes it is. Comm. Feldman — I have read this many times and I don't understand it. Why do we have to do it and what is it really accomplishing? Town Attorney Torcivia — We have a Supervisor of Election that seems to change her mind at every election as to what the different towns need to do. She is constantly putting pressure on the Clerks to amend different charters and different codes. She would like to have the Canvassing Board be the Town Clerk, herself and a Commissioner. There is nothing wrong with it, but it is a change in our Charter to do it. You will see these different kinds of changes because she thinks she needs to change the procedure from election to election. Town Clerk Brown explained the way it previously was. The Supervisor of Election now refuses to be part of the Canvassing Board and feels the Commission is the Canvassing Board. She also described her role during last year's election stating that she was required to take the ballots that were questionable back and forth to the Supervisor of Elections' Office in West Palm Beach within a short time frame. This Resolution will allow her to do that again. Town Attorney Torcivia — If this passes on the ballot, in future elections, the Town Clerk would not have to go back and forth. MOTION: Vice Mayor Brown moved to approve Ordinance 14-0010 on First Reading and schedule for a Second Reading and Public Hearing at the March 4, 2014 regular meeting. Motion was approved unanimously by voice vote. B) ORDINANCE NO. 14 -002 O — First Reading AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING ARTICLE IV, "ZONING DISTRICTS," OF CHAPTER 30, "ZONING CODE" OF THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 30 -68, "SUPPLEMENTAL DISTRICT REGULATIONS," TO MODIFY THE PUBLIC NOTICE REQUIREMENT FOR DOLPHINS, FREESTANDING PILINGS, BOAT LIFTS AND MOORINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Comm. Stern moved to approve Ordinance 14 -002 O on First Reading and schedule for a Second Reading and Public Hearing at the March 4, 2014 regular meeting. Motion was approved unanimously by voice vote. Town Commission Regular Minutes February 4, 2014 Page 4 of 14 6. 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) Reappointment of Elizabeth Andrews to the Beaches and Shores Advisory Board for a three - year term (02/2014 — 01/2017). B) Reappointment of Ira Oaklander to the Beaches and Shores Advisory Board for a three - year term (02/2014 — 01/2017). C) Appointment of Joel Leinson to the Board of Adjustment and Appeals for a three -year term (02/2014 — 01/2017). D) Appointment of William Weitz to the Board of Adjustment and Appeals for a three -year term (02/2014 — 01/2017). E) RESOLUTION NO. 14 -001 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA REPEALING RESOLUTION NO. 484 ESTABLISHING A MAXIMUM WEIGHT LOAD FOR THE BEL LIDO BRIDGE (BRIDGE NO. 935900). F) RESOLUTION NO. 14 -002 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING THAT PURSUANT TO SECTION 1.06( OF THE TOWN OF HIGHLAND BEACH CHARTER, THE TOWN COMMISSION SHALL CONTINUE TO SERVE AS THE TOWN'S CANVASSING BOARD DURING THE MARCH 11, 2014 ELECTION AND SHALL AUTHORIZE THE TOWN CLERK TO BE PRESENT AT THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS FACILITY ON MARCH 11, 2014 TO DETERMINE WHETHER THERE ARE ANY QUESTIONABLE BALLOTS AND IF SO, TO TRANSPORT SUCH BALLOTS TO THE TOWN COMMISSION FOR CANVASSING AT A PUBLIC MEETING; PROVIDING THAT THE TOWN CLERK SHALL BE RESPONSIBLE FOR THE HANDLING AND SAFEKEEPING OF THE BALLOTS; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. G) Commission authorizes the expenditure of $23,867.00 from Account # 402 - 535.000 - 546.200 Renewals and Replacements for the replacement of a Submersible Pump for Lift Station #3. H) Commission to send a letter to Governor Rick Scott supporting the regulation of Recovery Residences /Sober Houses in the form of a state -wide licensing and registration system. Town Commission Regular Minutes February 4, 2014 Page 5 of 14 I) Minutes - January 7, 2014 Regular as amended. MOTION: Comm. Sheridan moved to accept the Consent Agenda as presented. Motion was seconded by Comm. Stern ROLL CALL: Commissioner Sheridan - Yes Commissioner Stem - Yes Vice Mayor Brown - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion passed with a 5 - 0 vote. 7. NEW BUSINESS: A) PUBLIC HEARING: (Quasi - Judicial Hearing) Town Commission to consider a Special Exception for the approval of the installation of a 16,000 LB. Boat Lift on property located at 2727 S. Ocean Boulevard. Mayor Featherman opened the Public Hearing. Town Attorney Torcivia asked the Commissioners and the Mayor if they had any ex -parte communications regarding this matter. There were none. Staff Presentation: Building Official Mike Desorcy read the application into the record. He stated this was approved by the Planning Board on January 8, 2014. The submitted plans and specifications all comply with the Code of Ordinances of the Town of Highland Beach. The boat lift is located on the Intracoastal Waterway and is under the jurisdiction of the Army Corp of Engineers who has approved this application. There were no questions from the Board. No presentation by petitioner. Receiving no comments from the Public, Mayor Featherman closed the Public Hearing. MOTION: Vice Mayor Brown moved to approve the Special Exception for the installation of a 16,000 LB Boat Lift on property located at 2727 S. Ocean Blvd. , Boat Slip #5. Motion was seconded by Comm. Sheridan Town Commission Regular Minutes February 4, 2014 Page 6 of 14 ROLL CALL Vice Mayor Brown - Yes Commissioner Sheridan - Yes Commissioner Feldman - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion passed with a 5 - 0 vote. B) PUBLIC HEARING (Quasi - Judicial Hearing) Town Commission to consider a Development Order Application to Approve the Installation of a New 100 Linear Feet of Seawall and Associated Pilings, and a 5 Foot by 50 Foot Concrete Dock to the property located at 2388 South Ocean Boulevard. Mayor Featherman opened the Public Hearing. Town Attorney Torcivia asked the Commissioners and the Mayor if they have had any ex -parte communications regarding this matter. There were none. Staff Presentation: Building Official Mike Desorcv_ read the application into the record. This is a single family residence located on the Intracoastal Waterway within the Army Corp of Engineer's jurisdiction. This application is to be presented before the Town Commission only for review and approval by Ordinance 6 -127. I have reviewed the submitted plans and see no problem with them removing the existing seawall and replacing with a brand new seawall and associated pilings. The dock does not have to be approved by the Commission. Vice Mayor Brown questioned the approval of the dock. If it does not have to be approved by the Commission, he asked that the dock verbiage be deleted from the paperwork. Hearing no questions from the Public, Mayor Featherman closed the Public Hearing. MOTION: Comm. Sheridan moved to approve the installation of a new 100 linear feet seawall and associated pilings on the property located at 2388 South Ocean Boulevard. Motion was seconded by Comm. Stern. ROLL CALL: Commissioner Sheridan - Yes Commissioner Stern - Yes Commissioner Feldman - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Town Commission Regular Minutes February 4, 2014 Page 7 of 14 Motion passed with a 5 - 0 vote. C) Commission to schedule a Special Meeting on March 12, 2014 at 1:30 PM for the Canvassing and Certification of the Election Results and Oath of Office to newly Elected Mayor /Commissioner and Commissioner Town Manager Weiser — This is requesting that you set up a special meeting so that we may certify the election results in March. MOTION: Comm. Stern moved that a special meeting be scheduled on March 12, 2014 at 1:30 PM to certify the election results. Motion was seconded by Comm. Feldman. ROLL CALL: Commissioner Stem - Yes Commissioner Feldman - Yes Commissioner Sheridan - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 5 - 0 vote. 8. MISCELLANEOUS — ITEMS LEFT OVER: A) Commission to authorize the Mayor to sign a two -year contract with Sunshine Cleaning Systems, Inc. for custodial services, funding budgeted in Account #519.000 - 534.200. Town Manager Weiser — At the January 28 Workshop Meeting, we presented our proposal to continue the present custodial cleaning contract at $60,000 a year. You asked for additional information and we have presented you with a historical background as to what has been going on with our cleaning services. In -house it was a budget of $132,892. The contract that we are in now was part of a bid that Boca Raton took and we piggy- backed their bid which you can do in government when another government puts out a bid. Comm. Feldman — The in -house figure was for two employees. I feel it could be done with one employee. I would like to see a two sided vote on this. Comm. Stern — Considering the total cost of $60,000 and the total happiness of the staff, I see no reason not to move forward with the contract. Comm. Sheridan — Since we have no issues with this cleaning service, I agree with Commissioner Stern to accept these people for the two year contract. Town Commission Regular Minutes February 4, 2014 Page 8 of 14 Vice Mayor Brown — I think we should extend the contract for two more years. Mayor Featherman — How long have they being working for us? Town Manager Weiser — They have been with us for one year. MOTION: Vice Mayor Brown moved that the Commission authorize the Mayor to sign a two -year contract with Sunshine Cleaning Systems, Inc. Motion was seconded by Comm. Stern ROLL CALL: Vice Mayor Brown - Yes Commissioner Stern - Yes Commissioner Feldman - No Commissioner Sheridan - Yes Mayor Featherman - No Motion passed with a 3 — 2 vote. B) Commission to Authorize the Mayor to sign a Contract for Construction Manager at Risk (CHAR) with BSA Corporation. Town Manager Weiser — You have before you the contract with BSA Corporation for a guaranteed maximum price to do the renovations in the Commission Chambers and the Police Department at an amount of $850,286.00. This includes labor, materials, insurance bonds and a contingency of $25,000. There were four items for your consideration if you wanted to add to the construction price: trailer for the Police Department, hurricane impact windows for the entire building; addition of two parking spaces upfront; plus the addition of a fire alarm system which is not required. Comm. Stern — It has been my pleasure working on this Commission with only one change in Commissioner: Doris Trinley to Carl Feldman. When I became Commissioner, the plans had already been started for renovating the Police Department and the Chambers. The best estimate that we could receive from our architect from his drawings for the construction was approximately $825,000. It took time to digest this along with the additional furniture, the electronics and other items that we are to consider today. The Commission then did a Charter Review and made revisions; especially in the areas of discretionary spending. Since no other Palm Beach County town surrounding Highland Beach has any cap, ours was suggested to be raised, with much discussion, to a ten percent budget. It almost passed with no ceiling cap which made this Commission very unhappy and very uneasy. The current budget accepted the $825,000 number which is very close to the number we have today. The number we have been waiting for is $850,286 which, considering a two year delay, is really quite accurate. There are some options that were mentioned which we must consider. When this project is completed, there will be a ribbon cutting ceremony by Mayor Featherman and a plaque on the wall with all the Commissioner's names. I am asking in all good conscience that we make this vote today a 5 to 0 vote. When Mike Ferrara spoke last week, his remarks were we were elected to make decisions. I do not think we are here to punt. Town Commission Regular Minutes _February 4, 2014 Page 9 of 14 Comm. Feldman — After reviewing the plans, the proposals and many hours of the pricing that we have from the General Contractor, it is very complete. The only problem I have is the starting of the original project where we did not get three bids. The Finance Director explained to me about the qualification basis and I think it is a great way of doing it, a faster way of doing it and can save us money. On August 2, 2011, the Town Commission approved a way of purchasing and if we are not going to follow those procedures, then we should change them. I do not feel we are following them. I still have many questions on the project. Town Attorney Torcivia — You all heard Mr. Donaldson speak. At Commissioner Feldman's request, he reviewed the plans. We reviewed his comments and took them seriously. The one page of the contract where it is highlighted, we did make a couple of changes. We wanted you to be aware of that and it reflects Mr. Donaldson's comments. Comm. Sheridan — I would like to thank Barry Donaldson for taking the time to look over the plans for this project. He has a tremendous reputation in his field. I would also like to reiterate what Commissioner Stern said. We have been knocking this project around for many years. It has its pros and cons. We are up here to represent the entire community and I feel as though the money is allocated for it, and it is time that we move forward. I am in favor of the project. Vice Mayor Brown — I agree one hundred percent with Commissioner Stern. I have no idea how we could have any Commissioners that would vote no on this project. I have been on this Commission for two years and we continue to say, that in dire economic straits, we can't do this. We have no choice. It went up over $25,000 just because we waited from last year to do it this year. If we don't have the best interest of the Town in what we are doing up here, we need to have Commissioners get up and walk out. Mayor Featherman — I read the forms on Thursday and it is a very fine contract. However, going back to what Commissioner Feldman said, we still did not honor and follow our Ordinance where it said we have to have three bids when these contracts come up. I understand that furniture and other items will be added, to the $850,000 but under a separate bid. I would like to look at it closer and understand it first rather than take an action on this and vote for it. There is a question where they can run an overage on any construction job. Comm. Stern asked the Town Manager to explain, once more, how we got to this bid and why we do not really require three actual bids at this point for such a project. Town Manager Weiser — There are several ways you can do a project like this. The old fashioned way is where you got three bids. They stopped doing this kind of process for this type of project long ago. For the record, because I am a bit offended that people are saying we are not following our procurement procedures, I am asking our Attorney if we are following, to the letter of the law, proper procurement procedures. Town Attorney Torcivia stated we are. Manager Weiser -We asked if we could go out for the Construction Manager at Risk. They then do the three bids or the bidding for all the different items it takes to build this type of project. They come to you with a cost that says we will do this and it will not exceed this price. That is what you have before you today; to approve a contract with a guaranteed maximum price with BSA Corporation. Comm. Stern — Was it not always understood that, if we had a project of approximately $825,000 or $875,000, there would always be additional costs for furniture. Town Manager Weiser — Absolutely, we are not having the Town Commission Regular Minutes February 4, 2014 Page 10 of 14 builder pick out what type of electrical fixtures or furniture. We come to you as to what type of chairs, etc. you would like. We could bid those items out. We have been telling you from the beginning that we were going to keep these items out of the actual construction cost with the Manager at Risk. You can approve these items at a later date, or you can also approve them into the next budget year. It will be your choice how advanced you go with your electronic system; how fancy you want to get with furniture or how much you want us to reuse. Comm. Stern — Is it not currently in our present budget; $825,000 for this project? Town Manager Weiser — Yes it is. Mayor Featherman — I noticed on the blueprint it showed approximately 65 or so chairs in our chambers. We currently have 44 chairs. Does this mean we will have to purchase additional chairs to match what we now have? Town Manager Weiser — If you want to have 65 matching chairs, you will have to. MOTION: Vice Mayor Brown moved that the Commission authorize the Mayor to sign the contract for the Construction Manager at Risk with BSA Corporation. In addition, I would like to add the mobile police station to that cost. Motion was seconded by Comm. Sheridan. Comm. Sheridan — The Chief and Lieutenant are going to a different location and I believe the trailer is for the men that are on a different shift. If it is definitely necessary, is there any possibility that the Chief may have this amount of money in his budget to provide for this trailer. Police Chief Hartmann — It is necessary for us to have that trailer. That was not included in our operating budget. ROLL CALL: Vice Mayor Brown - Yes Commissioner Sheridan - Yes Commissioner Feldman - No Commissioner Stern - Yes Mayor Featherman - No Motion passed with a 3 -2 vote. C) Request from Beaches & Shores Advisory Board that the Town Commission send a letter to residents and condo associations regarding beach cleaning. Town Manager Weiser — Beaches & Shores asked that a letter be sent along with a copy of the Ordinance to all beach homeowners and Condo Associations reminding them to keep their beaches clean. You asked for more discussion on this topic. Also, we have room on our utility bills to put a message. There is an article coming up in our Highlander to remind people about keeping their beaches clean. Comm. Sheridan — I attended this Beaches & Shores meeting. They were pretty emphatic that they turn this over to the Commission and we take some action on it. We are not talking about a lot of letters and money. If it is what our advisory board is recommending to us with legitimate cause, I see no reason not to do it. Vice Mayor Brown — I think we have plenty of communication with our residents without sending them individual letters from the Town to beach only owners. We have the capability to post it at the Town; we have the capability to post it at the Library and we have a wonderful Highlander that goes out to everybody. Town Commission Regular Minutes February 4, 2014 Page 11 of 14 Mayor Featherman — Most Condo Associations are paying to have clean ups on their portion of the beaches. We do have some private homes that also pay to have their beaches clean. We do have a few that have debris on their beaches constantly. I feel we should have our Code Enforcer go around and check those beaches and see who is in violation. MOTION: Comm. Stern moved to send the letter and use all the possible conveniences we have to convey the message to keep our beaches clean. Motion was seconded by Comm. Feldman ROLL CALL: Commissioner Stern - Yes Commissioner Feldman - Yes Commissioner Sheridan - Yes Vice Mayor Brown - No Mayor Featherman - No Motion passed with a 3 to 2 vote. D) Commission discussion on hiring an architect to perform parking alternative study. Town Manager Weiser — The idea was brought up that, while we are in the middle of construction, possibly having somebody look at different alternatives for parking around the whole facility. We are estimating that a contract such as this run around $5,000. MOTION: Comm. Stern moved to hire an architect to perform a parking alternative study for the Town Hall complex. Motion was seconded by Comm. Sheridan. Board Discussion: Vice Mayor Brown — I think that making our parking spots smaller is asking for major problems. I am totally against restriping. As far as taking a look at other alternatives, we can do that. Mayor Featherman — When there are meetings at our Library, there are no places to park many times. I would like to look into putting a second level on the building for additional parking, or stripes on the side where we have our Water Department. Comm. Feldman — I don't think we should throw $5,000 into a project like this. I feel we should finish the project that we just voted on and then look into this. Comm. Sheridan — Our fire personnel use the front parking lot all the time, day and night. Is there any possibility that we could work something out with St. Lucy's that they could park there and open up four or five spaces? Town Commission Regular Minutes February 4, 2014 Page 12 of 14 Mayor Featherman — I have had many discussions with the Town Manager and there are other possibilities that we can look into. It is very important that we get more parking available to our residents so there is no problem when the Library or Town Hall has these functions. Comm. Stern — Before we adjourn, could we revisit Item 8 (B), items for over and above the contract such as hurricane glass, additional parking spaces and the fire alarm that was mentioned by the Town Manager, that we need to consider going forward for this project? Response - This will be included in future discussions. ROLL CALL: Commissioner Stern - Yes Commissioner Sheridan - Yes Commissioner Feldman - No Vice Mayor Brown - No Mayor Featherman - Yes Motion passed with a 3 to 2 vote. 9. REPORTS — TOWN COMMISSION: A) Commissioner Carl Feldman — I feel it was improper today to ask the Police Chief if there was any money in his budget for a trailer. We are doing this construction and if the Police Department requires something, I don't think we should cut them back. Have we considered everything that goes into this project that the Police Department is going to require? I think we have to consider the Police Department as a major intricate part of this whole operation. I feel we should allow the Chief to get what he needs to keep his department running properly. B) Commissioner Louis P. Stern — I am extremely disillusioned with two of my fellow Commissioners today, and want to go on record with that. I think we should have had a 510 vote going forward. A number of years ago, we put into effect a five -year strategic plan. Both the five -year plan and our present budget included the monies to do this. We are going to go through this again next year when there will be a $500,000 request from Bel Lido to redo their pipes. We will have the same fight all over again with the same Commissioners. C) Commissioner Dennis J. Sheridan - I would like to clarify what I said about Chief Hartmann and the use of the trailer. In no way do I want to penalize our Police Department in any shape or form. I asked if there were any excessive funds within your budget that you thought might be able to be used for that expense. That is the reason why I asked it. There is no way that I would want to cut you back. I sit here finishing my third year and am extremely happy that we are moving forward with the Town Hall complex. D) Vice Mayor Brown — Onward and upward. We need it done, we've beat it to death, now let's do it and get it done. Town Commission Regular Minutes February 4, 2014 Page 13 of 14 E) Mayor Featherman - I received a letter, along with my fellow Commissioners, from one of the residents who live on Russell Drive who received a water bill for over $4,000. This bill should have been in the neighborhood of $2,000 due to a broken pipe from excessive wakes on the Intracoastal. He asked if he was going to be rebated the difference. If not, he was going to seek legal counsel. I would like to turn this over to our Town Attorney to represent us on this issue. I also received a letter from some residents at Toscana who suggested we place a Facebook page for Highland Beach, because most other cities and towns have a page. I feel we should address this. Town Attorney Torcivia — On the first issue, I have not seen his claim. If the gentleman has an issue he could forward his claim and we can take a look at it. Comm. Sheridan — If we make exceptions here, we could have a real problem. Only over the weekend did I find out that there is a serious water leak at St. Lucy's Church. The Town has gone over and been unable to locate the leak. We are using about 5 -1/2 gallons per minute and our bill right now is over $6,000. So, before we consider adjusting anybody, we may have to consider adjusting everyone that has had problems in the past. Vice Mayor Brown — I looked into some of the issues Mr. Wolff brought up. It appears that this isn't the first time he has had an excessive water bill, which indicates that he is not necessarily taking care of his pipes, rather than the counter to that the waves are washing over the seawall and washing away the pipes. I agree with Commissioner Sheridan that once we set a precedent, everybody is going to have a broken pipe. Comm. Feldman — In Mr. Wolff's letter, he is talking about punitive damages in the amount of $2,000. When you say punitive, that is not for the cost of the water. Town Attorney Torcivia — I have not seen the letter, but in general, punitive damages are very difficult for anyone to receive. Not knowing the facts, I find it highly unlikely to have any liability for that. Comm. Feldman — Who gets the punitive damages? Town Attorney Torcivia — Usually punitive is intentional and malicious. I don't think the Town did anything intentionally or maliciously to hurt someone. Vice Mayor Brown — We have a three tier water system in this town. If we go to tier three because of a leak, that is punitive to him. We have this three tier system to stop people from using too much water. I believe he sees this is a punitive damage to him because he went into tier three and the cost goes up substantially. 10. REPORTS — TOWN ATTORNEY: I have a brief update on the Boca property. The Town of Boca Raton has recently provided some comments back to the Developer. They need another "Traffic Study." It is still going through that review process. I will have a better handle on things next month if they resolve this traffic issue. 11. REPORTS —TOWN MANAGER: We do have a Facebook presence through the Library. The Highland Beach Library is on Facebook. If anyone is interested in what is going on there, they can "Like" the Highland Beach Library. 12. PUBLIC COMMENTS AND REOUESTS RELATED TO ITEMS DISCUSSED AT MEETING: Joe Cantazarro, Bel Air Dr . — I have been involved in building plants and the last one I was involved with, we got approval from the powers to be in the organization. I was designated to be the Project Manager Town Commission Regular Minutes February 4, 2014 Page 14 of 14 and was held accountable for the budget and the schedule. It took about two years to build that plant. I am a little disheartened to learn that it took two years to come up with a decision to build something that is necessary for the Town. I am not familiar with municipal procedures, but it seems to me that there should be a better way to do it. Katherine Wolff, Intracoastal Dr. — You received a letter regarding our water bill. Our bill went from $300 to $4,000. What my husband is requesting is that we pay half the bill, and he worked it out in the letter. He has taken very good care of the pipes and spared no effort in making sure. When you have boats casting wakes the size that we have, inevitably you are going to have something like this happening. Mike Ferrara, Dalton Place — What was the vote on the alternative parking study? Was the 3/2 vote on hiring an architect or not? Commissioner Stem — The vote was to hire an architect. Mr. Ferrara - Parking is a constant problem and I don't know if an architect can come in and discuss parking. The study of parking would not necessarily be an architectural problem. I feel the staff in your Town Hall can come up with some type of solution better than any architect can. 13. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 3:15 PM upon a MOTION by Commissioner Sheridan, seconded by Commissioner Feldman. APPROVED: Bernard Featherman, Mayor 7 4 :1 Vice May Dennis J. Sh an, C ssioner o P. St rn, fission Carl eldman, issioner ATTEST: Beverly M. Brown, M C Town Clerk Date