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2014.04.29_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, April 29, 2014 1:30 PM Vice Mayor Ron Brown called the Workshop Meeting to order in the Library's Goldstein Community Room at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Vice Mayor Ron Brown; Commissioner Dennis J. Sheridan; Commissioner Louis P. Stern; and Commissioner Carl Feldman. Absent - Mayor Bernard Featherman. Also present: Town Attorney Glen Torcivia; Town Manager Kathleen Weiser; Town Clerk Beverly Brown; Finance Director Cale Curtis; Public Works Director Edward Soper; Police Chief Craig Hartmann; Library Director Maria Suarez; 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. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Vice Mayor Brown asked for any additions or deletions. Receiving none, the Agenda was accepted as presented. 2. PUBLIC COMMENTS AND REOUESTS: No Public Comments received. 3. PRESENTATIONS: None Scheduled. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None Town Commission Workshop Minutes April 29, 2014 Page 2 of 11 B) Board Action Report: • No Report C) Board Vacancies: • None D) Monthly Board Meetings: • Planning Board — Special Meeting - April 30 — 9:30 AM • Planning Board- Regular Meeting — May 14 — 9:30 AM • Beaches & Shores Advisory Board — No Scheduled Meeting • Board of Adjustment & Appeals — No Scheduled Meeting • Code Enforcement Board — No Scheduled Meeting • Financial Advisory Board — No Scheduled Meeting 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 14-004 O — Second Reading and Public Hearing — May 6th. 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 TABLE 304 OF SECTION 30-67, "USES PERMITTED, SPECIAL EXCEPTION, AND PROHIBITED USES," AND SECTION 30-68, "SUPPLEMENTAL DISTRICT REGULATIONS, SUBSECTION M, "TEMPORARY STRUCTURES", TO MODIFY THE APPROVAL PROCESS FOR TEMPORARY STRUCTURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 14 -004 O into the record. Vice Mayor Brown - Ordinance No. 14 -004 O is scheduled for a Second Reading and Public Hearing at the May 6, 2014 Regular Meeting. Are there any further comments? No further comments received. Consensus was to schedule Ordinance No. 14 -004 O for a Public Hearing and Second Reading at the May 6, 2014 regular meeting. B) ORDINANCE NO. 14 -005 0 - Proposed for First Reading — May 6th AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING CHAPTER 28, "XERISCAPE - LANDSCAPE REQUIREMENTS, INSTALLATION AND MAINTENANCE," OF THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 28 -10, "MAINTENANCE STANDARDS FOR CULTIVATED LANDSCAPE AREAS ", TO CLARIFY THAT THE ADJACENT PROPERTY OWNER SHALL MAINTAIN ANY LANDSCAPING IN THE PUBLIC RIGHT -OF -WAY; PROVIDING FOR Town Commission Workshop Minutes April 29, 2014 Page 3 of 11 CODIFICATION, CONFLICTS, SEVERABILITY AND FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 14 -005 O into the record. Vice Mayor Brown — Stated that Ordinance No. 14 -005 O was scheduled for a First Reading on May 6 Did the Commission have any comments? Consensus was to schedule Ordinance No. 14 -005 O for a First Reading at the regular meeting on May 6, 2014. 6. NEW BUSINESS: A) Contract — Boca Raton Well Field Properties Request of Attorney Mitchell Kirschner Town Manager Weiser — In June 2013 the Town entered into an agreement with Doug and Esther Durrett for the sale of our two Boca Raton properties. We have had two amendments to that agreement since then. We had to go to the City of Boca Raton and apply for changes in their Comprehensive Plan and obtain site approval. We are doing that hand in hand with the buyer. We have run into some situations, at no fault of either party; but it is making the agreement impossible to close on May 12` We have been approached by the buyer to ask for an extension, and I don't believe the properties will close before the end of the year. I am recommending to you that you allow the attorney to draw up an agreement allowing them an extension that would close by the end of the year, while we each do what we need to do for the City of Boca. I have had conversations with Boca and they indicated that they have had changes in personnel and it is hard to get their advisory boards together. It is truly no fault of either party. Comm. Feldman — When you say they couldn't close, they can still buy the property from us. Manager Weiser — Yes they could. Comm. Feldman — We have been hanging out since June of 2013. At this point, we are saying give them another six months. I would like to see this back on the market or let the parties purchase the land now. We could still work with them; but at least we would have our money. There might be someone out there that would be interested in this property at a higher price. Or, do you think the buyer could come up with some money at this point that would not be used towards the down payment? Comm. Sheridan — I am not in favor of the extension to the end of the year. I would recommend another two months or so. Town Attorney Torcivia — Realistically you are looking at three months or so with Boca. I would suggest you go to the end of August. It should be done at that point. Comm. Stern — How do the other Commissioners feel about putting the property back on the market? Town Commission Workshop Minutes April 29, 2014 Page 4 of 11 Town Attorney Torcivia — We do have a binding contract with them and the contract would expire if it is not extended. I wouldn't be surprised if they had some concerns about that and maybe file a lawsuit. I don't know if that lawsuit would hold any merit, but it would certainly tie up the property. Vice Mayor Brown — We are waiting for Boca and I don't feel we should penalize them. The Town Manager and Town Attorney are in favor of extending the contract. I personally am not in favor of putting the property back on the market. My recommendation is that we extend it through the end of September. Comm. Sheridan — If we do give them an extension, I would like to give it through August. Mitch Kirschner, Attorney for the buyers — As Manager Weiser has stated, Boca Raton has had many changes over the last few months. Our site plan has received an informal approval and we are waiting for final approval. Once we have the site approval, they will hear the Town's application for a change in the Comp Plan. The underlying land use of the property has to be changed. The property still has to have two approvals before we can build on it, and that is the approval of your change of underlying land use which we have nothing to do with. If we should be approved for the site plan on June 19 th , it would be at least three weeks to a month before we get on the City's Council calendar. We should be able to get on the meeting for July 22 and the second meeting August 26 Then there is a 30 day appeal period for the Comp Plan amendment. If you are not comfortable with the end of the year I would then say the end of October. Vice Mayor Brown — I think the end of September, and if you need to come back then we will know where we are. Comm. Stern — Was there a traffic study needed? Mitch Kirschner — All studies are in and approved by staff. Vice Mayor Brown recommended this be put under Miscellaneous Items - Left Over for the May 6 th meeting for further discussion. All were in agreement. Town Attorney Torcivia — I will draft this agreement for September 30 so next week you can discuss it and vote on it. Comm. Feldman — If this continues to drag on, at what point can we get out of this and sell it to someone else? Town Attorney Torcivia — Once Boca approves the Comprehensive Plan, in either July or August, then there is no reason to hold it up at that point. If the Comprehensive Plan is not approved it would make it more difficult for us to sell it. I have not received any negative feedback. It has all been very positive and I see no reason why they would not approve it; especially if they approve the site plan. It takes time to get through the Boca Raton process. Town Manager Weiser — It was the advice of Boca that we be the applicant because it would move quicker. If we weren't involved in the application it could take a year longer. B) Commission to Declare certain Property Surplus and Authorize Disposal Town Manager Weiser — A few times a year we bring you items that we need to declare surplus. Most of the items are minor. The largest item is a John Deere backhoe which is in a state of disrepair. Comm. Feldman — Why are we selling the 65 Commission chairs at surplus at $2.30 a chair? It will cost close to $200 a chair to replace them. Why can't we use the old chairs? Manager Weiser — They were not in good shape. I would think if you were redoing your Commission Chambers you would Town Commission Workshop Minutes April 29, 2014 Page 5 of 11 want to bring everything up to date. Finance Director Curtis — When we declare items for surplus property, there are a couple of different websites I use to auction them off. The chairs have already been sold for $150.00. Comm. Feldman — We actually gave them away and I think we should have a say in that before we do something like this. I don't agree with this. Consensus was to place this item on the May 6 th Consent Agenda. C) Commission to consider placing an Ad in the Florida League of Cities (FLC) Conference Issue of the Quality Cities Magazine. Town Manager Weiser — Every year you put an ad in the Florida League of Cities Conference Issue of Quality Cities Magazine. If you would like to do the same half page ad as last year, it will cost $400 and we did budget for that. Consensus was to place this item on the May 6 Consent Agenda. D) Commission to consider Window Alternatives to Town Hall Renovation Project. Town Manager Weiser — As part of the Town Hall renovations, we are asking the Commission to consider purchasing new windows for the construction area. It was determined that the windows were too fragile to be reused and needed to be replaced. There are several alternatives: a) replace them with non - impact windows; b) replace them with impact windows; or c) replace all the windows in the Town Hall building. Staff is recommending that you replace the windows in the construction area only at a cost of $17,400. It is not required that you use nonimpact windows because our windows are shuttered. However, they are quieter and they provide increased protection. Commissioner's Stern and Sheridan agreed that they should replace the windows in the construction area with impact windows. Comm.Feldman — I spoke with the Construction Manager and he indicated that the windows were not in good condition but were not operable. The windows cannot go up or down as they are stuck in a locked position. They can still be used. All they are doing is replacing them with storefront windows that do not go up or down. If we took the windows we have now and put them in a locked position, we would have the same type of window. Why can't we keep the windows we have now and keep them in a locked position? Vice Mayor Brown — I also talked to the Construction Manager and he indicated that the frames are rotting. We need to replace them. We should replace the windows in the construction area with impact windows, and put the rest of the windows in our budget for 2014/2015 or our Capital Improvement Plan sometime in the future. Bert Lundstedt, Superintendent on Site, BSA Corp — In my opinion, the windows are in sad shape. However, they can be refurbished and reused if that is your decision. We are putting in one new window on the east side and that is going to be storm proof, store front, nonfunctional window. You Town Commission Workshop Minutes April 29 2014 Page 6 of 11 will have one window in the front of the building that does not match the rest. The storm proof windows also provide insulation, security and sound. I would still recommend closing the storm shutters in a major storm for double security since flying objects will break the windows. The existing windows almost fall out of the opening when you try to operate them. I was looking more at having all your windows match. Consensus was to continue this item to the May 6 regular meeting under: "Miscellaneous Items — Left Over. ". E) Commission to review update of the Town's Strategic Plan. Town Manager Weiser — About ninety percent of the items that were in our Strategic Plan are either completed or there is something that is ongoing. Your high priority objectives: renovating the existing Police Department and Commission Chambers, is in progress. We are continuing to work with FDOT and outside agencies on a highway plan to improve safety for motorists and pedestrians. One of the things we did was coordinate a multi- agency AIA vehicle and bicycle campaign this year; addressed the use of reserves to balance the budget in the fall of 2012; repairs and repaving of the town walking path were completed in 2013. The two things you have put on hold, by your own choice, was doing the town's entryway and signage and developing a town logo or slogan. As far as waterway concerns, working with other municipalities has been ongoing. Commissioner Stem has been working with Boca Raton, pursuing on a political level of cooperation. Evaluating the selling of the Boca parcels, which is in progress, and hopefully the contract for sale will be closed by the end of the year. On Administrative objectives: we had the Charter Review Board that was formed and completed their work in 2012; updated our Personnel Policies and Procedures; continue to make website updates and made several changes to the website over the course of the strategic plan and to improve it. Ongoing we cross train and do succession planning with our employees. Finally we are in the middle of implementing accreditation for our Police Department. In January of last year we hired an Accreditation and Training Manager who has been working on this process. The Strategic Plan was put into place in 2012 and runs through 2015. I have given you memos from various department heads that gave you ideas or suggestions should you consider redoing the plan, or updating the plan, with additional action items you may want to consider in the future. Comm. Sheridan — I am concerned about what we are going to do in the very near future about the fire truck. It is obsolete and we are getting to the point now where the Chief of Delray is going to make a decision regarding Palm Beach County. We will have to make a decision, whether we lease or buy. The fire truck has to be replaced at a large expense. Vice Mayor Brown — I thought we all agreed that we would wait until we had the decision from Delray Beach. Regardless of which way they go, we need to replace the fire truck. Comm. Stern — I think we should set up a meeting, in the near future, to set forth goals that we want the Commission and Staff to continue to do between now and 2018. We could have a special meeting, or at one of our very next workshops, so that we can be prepared working on our budget this summer knowing what we need for the upcoming twelve months and or 24 or 36 months. Town Commission Workshop Minutes April 29 2014 Page 7 of 11 Comm. Feldman — Regarding the fire truck, it is beyond the point of obsolete. The firemen refuse to use it. If we need to use the money from the sale of the property, so be it. Vice Mayor Brown — If we move the Strategic Plan to the Workshop for May, we will need some specifics from our department heads. I think we should talk about some of these items today, specifically high priority items and those from Ed Soper. Public Works Director (PWD) SoM — I updated the original Strategic Plan and was asked to come up with other ideas for the future. These items are just for your consideration and I am not stating that they are critical and you absolutely need them. I think it is a good idea to include "and sewer service other than water" because we have going both ways and it is a very minor thing and very easy to do. The parking lot was one of the items brought up during board meetings and was asked to do a study. The quote was between $7,500 and $15,000. We obtained a quote from the contractor to build two parking spaces for $8,400. Another suggestion was the 180 day reserve fund. Generally when revenues exceed your expenses, it can go into this fund. It is used for unexpected expenses, such as when there is a hurricane, and you have a great deal of damage. We put together a five year plan but we know what has to be replaced and we periodically replace things. It could be for new regulations from the EPA or an unexpected loss of revenues. I believe this is something you would want to bring to the Financial Advisory Board for their input. The side street water main project was in the long term capital plan. I saw in the plan that one -half million was going to be used for Bel Lido and another half - million for the rest of the streets. According to my calculations, this does not match. I do not know where those figures came from but I am putting in a more realistic number, in my opinion. The services that go to the meters will have to be replaced. It is going to be a fairly expensive project to undertake but one that is needed. The reason I asked that you look at your rate structure is that there is no technology that is infallible. If you had some type of policy where "one time forgiveness or reduction in the rates ", it would not be the worst thing that could happen. It is common in other municipalities. Regarding the calcite system, we currently use pellets of calcium carbohydrate to buffer the water and are looking to use a liquid lime which goes into the solution easier and would be better tasting and less aggressive water. Vice Mayor Brown — I think they are all good comments. I would like to see you come up with some type of recommended yearly flow for all this, because we obviously can't do all this in our next budget or our next Capital Improvement. Comm. Feldman — Are there any federal grants for its drinking water? PWD Soper — One of the options I have on funding is to explore what grants there are. Comm. Stern — I believe one of your highest priorities is to get our water to taste better and smell a little bit better. The second priority would be doing the pipes we need to get started with and doing what we can in the first, second and third year of the plan. Consensus was to place the Strategic Plan on the May 27 workshop for further discussion. 7. MISCELLANEOUS — ITEMS LEFT OVER: A) Commission to Review Quotations received for "Town Hall Parking Study." Town Manager Weiser — The Commission directed staff to advertise a RFQ for Qualified Consultants to do a study on the parking around Town Hall. The quotes came back higher than the costs we Town Commission Workshop Minutes April 29 2014 Paize 8 of 11 estimated at $5,000. The lowest quote was $7,500 and the highest was $15,000. This is not a budgeted expense. Comm. Stern — It was I who thought it would be good to do a survey so we could redo the parking lot and possibly pick up some parking spots for both the Library and the Town Hall. This is a lot of money. I feel we should find another way to create parking, but not do a survey for $7,500 to $15,000 just to find out how to do it at another $15,000 to $20,000. Comm. Sheridan — I would like to spend the money on the two additional parking spaces at this time and do something further in the future, but not to spend that kind of money on a survey. Comm. Feldman — What is the reason there is a no parking sign on the chain link fence by the water plant? PWD Soper — We get bulk chemical deliveries and a big tractor trailer has to back in there. Comm. Feldman — We can use the space for employees and they can move their cars if there is a delivery. The Library can use those spaces for events after hours. I think we can utilize the area we have now without spending the money for a study. Vice Mayor Brown — We could put the fire department employees vehicles someplace else. All were in agreement not to fund. Consensus was to place this item on the May 6 Consent Agenda as "Tabled ". B) Minutes: March 12, 2014 — Special Meeting March 25, 2014 — Workshop Meeting Consensus was to include the minutes from March 12` and March 25 on the May 6 Consent Agenda. April 1, 2014 — Regular Meeting Commissioner Feldman — I am questioning the discussion on the local travel for the Commissioners. All the Mayor's comments are not in the minutes. He gave a very impassioned speech. I think when a Commissioner makes a statement, it should be in the minutes. Why have they been left out? Vice Mayor Brown — The reason we left them out was because we did not feel they were pertinent to the governance of the Town. They were political and personal in nature and not directly involved in how the Town functions. Comm. Feldman — Who makes that decision? Town Clerk Brown — The only time we do verbatim minutes is for public hearings. Comm. Feldman — I believe it should have been in the minutes and don't believe it was a political statement that the Mayor was making. He was accused of something and Commissioner Stern did say it was incorrect. He nullified everything that was said, but he did make all those statements before. Town Clerk Brown — Those aren't in the minutes either. Manager Weiser — We as a town do not do verbatim minutes. When the Clerk puts together the minutes, it is a summary of what the action was, and generally what pertains to town business. If in the future, you need to go back and look at a record on what the Commissioners decided on town business, which is what goes in the minutes. The only time we do verbatim minutes is for a public hearing Town Commission Workshop Minutes April 29 2014 Paize 9 of I 1 because you are required to do so. Should you choose to do verbatim minutes, that would be a change in how we always have done the minutes in the town, and it would take a lot more staff to do that. Consensus was to place this item under "Miscellaneous Items — Left Over" on the May 6 th agenda for further discussion. 8. REPORTS —TOWN COMMISSION: A) Commissioner Dennis Sheridan — I would like to thank the staff for their tolerance while the construction is going on. They have been very understanding. Also, I would like to commend Cale Curtis on the Financial Report that we received. It was outstanding and I would like to thank you for that. B) Commissioner Louis Stern — At recent meetings, we have had some conversations from Jerry and Kathryn Wolff on the excess water going through their meter. The town was able to raise their meter so they are able to read it. Based upon the fact that Ed Soper has been looking into smart metering, I am happy to report that they have paid their bill in full in the hopes that the Town, in the future, will be able to catch these leaks early. C) Commissioner Carl Feldman — I spoke with Garrett Graue of Seagate Construction and he advised me that as of next Monday they are officially opening up their sales trailer. They will have brochures and layout plans and go automatically into sales. So far they have forty people who are interested in purchasing. They have one person interested in purchasing the whole top floor. He has to sell eight units before he can get his financing and he does not see any problem with that. Regarding the working conditions of town employees during Town Hall renovations: I really think we blew it on this one. I visited Town Hall several times and was amazed at the conditions our employees had to work under. I don't believe it was handled properly because we allowed our people to work under unhealthy conditions. They had to wear face masks, ear plugs and had to put up with dust, fumes and very loud noises. I believe the employees should have been sent home. They were offered to move to another building. I am not sure if we had a legal situation because we are allowing the employees to work under these conditions. The wall has since been sealed off and I feel the duct system should be cleaned out in Town Hall. Also, if any employee had to take sick time, vacation time or personal time, they should be reinstated for the time they had to take off. D) Vice Mayor Ron Brown - I visited Town Hall during the construction and the demolition was very nasty. However, I am a policy making person. We have department heads; we have a Town Manager that runs the day to day operations and at her choice she moved the people when she felt it was necessary. I don't think they were put at any risk other than the risk they took upon themselves. When the Town Manager saw they needed to move them, she did that. Congratulations to everybody for putting up with the noise. The noise was devastating. E) Mayor Bernard Featherman — Not in attendance. Town Commission Workshop Minutes April 29 2014 Page 10 of 11 9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: No report. 10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER: I have an update on 3200 S. Ocean Blvd. They told me their marketing material, windscreen and condo docs should be completed by May 1 They are planning on filing for their permits by the due dates. The Palm Beach County League of Cities Installation Luncheon is on Wednesday, May 21 Do you want to attend, as you do every year, and get a table? Response - All will be attending. I would also like you to consider some kind of policy on proposals during the building construction. I am looking for authorization from the Commission that I can sign off on orders; basically, so it doesn't hold off the project. There are a lot of tiny changes such as a door being moved three feet; they find a pole and something has to be moved. Those are the things that we cannot hold up the project until there is a Commission meeting. I would suggest that the authority be if it is something that has to done such as structural things. Vice Mayor Brown — I think you should come up with a statement that you would like and present it to us at the next meeting. It should be something to the effect, as you stated, that if it is going to hold up the construction, and regardless of how we vote it has to be done, you would have the authority to do that. Finance Director Curtis will have a running amount and will keep us up to date as they happen. 11. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING John Ross — 3600 S. Ocean Blvd. What I have heard today, will cost me money. Every single item will cost me money. Many of us are on fixed incomes. Many people have seen their taxes go up year after year and every single item talked about here including 2.1 million, based on the estimate, for a water main are very, very expensive. What are people to do? Do they make a choice between eating or paying excess taxes, because every other item discussed is new taxes. This is not how the citizens want this Commission to operate. Secondly, I was also dismayed about comments on the sale of the property and the fire truck. This is a sovereign town, it is a government. Yet in one case you are waiting for Boca to finish its land use review before closing on the property with no penalty involved. And in another case you are waiting for Delray to decide whether they are going to outsource their fire department. I was at the Town Commission meeting the first time that this was discussed and the Commission said, and this is how the decision was made according to the word on the street and this is a direct quote, they weren't going to outsource. They were just going through the motions. Now we are left with an inoperable truck. The Commission is elected to make decisions. Do not wait any further. Bill Weitz — 1135 Boca Cove Lane - I just want to say that we hope the Mayor recovers speedily, wish him well and back on the Commission. In terms of the sale of the property and the water plant, Town Commission Workshop Minutes April 29 2014 Page 11 of 11 this is old business that keeps getting regenerated. There were many people who felt this was a sweetheart deal when the original price was arranged for the sale of the water plant property. That is past business; it was done and the sale was made. This is now a significant amount of time later, and land values have skyrocketed. We are waiting now for someone else's problem to resolve while we sit on a land that was priced considerably low to begin with, and we make no attempts to collect penalties. Secondly, with regard to the windows; those windows should have been considered in the initial revitalization of the property. There is no question it has to be done but why wasn't it included in the original estimates? We all know why. Because the higher the price for that project was, the political concerns would have been about the property values. Clearly the windows need to be replaced and clearly we need to have impact windows. Why, because that would impact on the insurance rates for that building which would significantly decrease. Finally, the minutes issue. The minutes issue is not an issue. The remarks of the Mayor and the response of Commissioner Stem apologizing should be included in those minutes. This State operates according to very clear issues around the Sunshine Law with provisions of what needs to be public information. I would suggest clearly that this Commission go back and look at how Sunshine provisions affect minute items and make the appropriate changes. I would hope that you would start to consider your decisions a little more carefully. 12. ADJOURNMENT: There being no further business to come before the Commission, Vice Mayor Brown adjourned the Workshop Meeting at 2:58 PM upon a MOTION by Commissioner Feldman and seconded by Commissioner Stern. APPROVED: Bernard F therman, Mayor Ron own, Vi e ayor ATTES Dennis J. SherhlAn, Commissioner everly M. P rown, MMC S si Town Clerk IT Car ldm issioner to