2014.09.02_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, September 2, 2014 1:30 PM
Mayor Bernard Featherman called the Regular Meeting to order in the Library's Goldstein Community
Room at 1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner
Dennis J. Sheridan; and Commissioner Louis P. Stern. Member absent: Commissioner Carl Feldman.
Also present: Town Attorney Brian Shutt; Town Manager Kathleen D. Weiser; Town Clerk Beverly M.
Brown; Finance Director Cale Curtis; Public Works Director Edward J. Soper; 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.
Town Clerk Brown stated that Commissioner Feldman will not be attending this meeting. He asked that
Item 8(A) be transferred to the workshop session at the end of month as he would like to be part of the
discussion. Vice Mayor Brown was not in favor of this. Mayor Featherman the suggested this be
continued to the workshop meeting because he feels it has not been given the proper consideration. There
is an architect on one of our Boards who said he would be very happy to consider doing the architectural
plan on a pro bono basis. The Commission was polled to see whether or not they should remove this item
before the agenda is approved.
Commiaaion Discussion:
Commissioner Sheridan asked why an architect is needed for this particular project since all we are doing
is putting in windows and air conditioning. If it is required by the Municipality, I agree. If not, we should
go without it.
Town Commission Regular Minutes
September 2, 2014 Page 2 of 10
Vice Mayor Brown stated that an architect is needed since that is the way things get done in this town. He
feels we should move forward to get the Library project completed.
Mayor Featherman visited the Library to see what this project entailed and also agrees that an architect is
not needed for this project. He is in favor of this project and would like to see it completed.
Commissioner Stem concurred that we do not need an architect and feels we should get three bids from an
air conditioning company and a window company as soon as possible. Then it can be discussed at the
workshop meeting. It is important that the Library project go forth and not be detained for another month.
He would like to go forward today on the basis of having three bids done properly.
Vice Mayor Brown feels an architect is needed and it is not necessary to get three bids. According to the
Town Purchasing Policy and the Florida Statutes three bids are not necessary.
MOTION: Commissioner Stern moved to continue on with 8(A) today and go for three bids on each of
the two parts of the project. Motion was seconded by Commissioner Sheridan
Town Attorney Shutt clarified the motion. The motion is to remove the architectural part of it from the
agenda, not to postpone it, and not award the Letter of Interest. Staff would then be directed to obtain the
three bids. Comm. Sheridan asked to clarify 8 (A). He feels the project should be done properly and not
delayed any longer. Mayor Featherman questioned who is looking over the work for the $850,000 project
and who would do the same for the Library.
ROLL CALL:
Commissioner Stern - Yes
Commissioner Sheridan - Yes
Vice Mayor Brown - No
Mayor Featherman = Yes
Motion passed with a 3 to 1 vote.
Town Clerk Brown also indicated that she had two letters from residents who would like to have them
read into the Public Comment session.
Consensus was to approve the Agenda as amended.
2. PUBLIC COMMENTS AND REQUESTS:
Mike Stein, 3912 S. Ocean Blvd agreed that an architect is not needed but you should 'have an engineer.
He read a letter sent to the Commissioners, Town Manager and Town Attorney dated August 30
regarding Funding Limitation into the record. Copy of letter is attached to the minutes as Exhibit "A ".
Adrian Barbey, 1027 Boca Cove Lane referred to an article regarding the early resignation or retirement of
our Town Manager in Punta Gorda and Ocean Ridge. With all that we have learned, I personally would
seek the retirement of the Town Manager and Town Attorney who gave us poor advice and am very
disappointed in the performance of these two individuals.
Town Commission Regular Minutes
September 2 2014 Page 3 of 10
Dr. Bill Weitz, 1135 Boca Cove Lane commented on the Town Clerk's review of the proper provisions for
petitions which was instructive and educational, and hoped that future reviews would cover contracting
and the Charter due to obvious situations. The Town Commission has the fiduciary responsibility for our
Town, not the Town Manager or Town Attorney. The provisions we have been contracting on for the last
two years is legal, but it is not competitive bidding. It is a request for proposals, and after review, the
Town Manager recommends to the Commission who they think is the best qualified. Competitive bidding
requires that they not only come in sealed envelopes at a certain time and place and subject to
advertisement, but they are supposed to be opened publically by the Town Manager and his or her
designee with the Town Clerk in attendance. Obtaining three bids is not the provision that your Town
Manager has selected for selecting contracts. On this last project, the architect came in with additional fees
equaling fifty percent (50 %) increase. The Town Manager has selected this architect as the appropriate
party to handle the architectural work for the Library. Why are you not asking questions? You are being
asked to ratify or approve what the Town Manager has presented to you. You may want to review public
information that is in press articles about our Town Manager's prior history of employment with two
localities where she has resigned under pressure. I am only bringing this up because it has been placed on
the record; credibility, performance and trust. I don't have it and some of the town's people don't have it.
You gentlemen need to take more responsibility for the decisions that are made over the financial matters
of this town.
Max Angel, 2727 S. Ocean Blvd wondered why the Town hired a Town Manager and an Attorney at their
salary thinking it might be because of their education and the professionalism they will show us. He feels
no professionalism has been shown; they should be dismissed and restitution be made. Does not feel it
was an honest mistake.
Ron Clark, 4750 S. Ocean Blvd referred to Mayor Featherman's question regarding overseeing the
present project and the Library project. The answer is the architect and the engineer, and referred to the
Building Code in Highland Beach whereby any person who gets a permit to do a job, particularly on
building new areas, adding walls and putting in windows is required to have an engineering report before
that permit can even be issued. Based on what has been going on here for the last couple of months, it is
necessary to get all the facts together before you make decisions. I was Chair of the Charter Review
Board and we made the recommendation that the Commission do something about the $350,000. The
Commission did not do what the Charter Review Board recommended but came up with their own item.
Obviously this is probably something that should not have been done the way it was. Looking at that
example, moving forward on everything you do, you need to do your due diligence. I have heard many
negative comments over the last few meetings, but I feel the Commission does a good job. On an overall
basis you are looking out for this community. Even though you raised the spending limit, you have not
abused your power. The renovation project is something that is needed and this be recognized by the
residents of this community.
Dorothy Kellin on, Co- President of the Friends of the Highland Beach Library asked clarification on
the changes voted on for the Library project. Town Clerk read the motion made by Comm. Stern. The
project will proceed in a timely fashion.
Rhoda Zelniker, 3912 S. Ocean Blvd commended Comm. Stern and Comm. Sheridan for placing the vote
regarding the hiring of the architect. I believe a General Contractor or the Town Manager can oversee the
Town Commission Regular Minutes
September 2 2014 Page 4 of 10
project, and we have a Building Dept. that can provide some insight. Also, the people just want to be
heard and would appreciate not changing our comment rules. The dialogue between the people and the
Commissioners has been very constructive and very positive. The people want the right to vote.
Elyse Riesa, 1133 Boca Cove Lane asked if we got the necessary three bids for the engineering work for
the Library. She requested a copy of the three Letters of Interest and was informed that none of the
Commissioners had seen them. If this item had stayed on the agenda, she questioned how the
Commissioners could vote for something if they did not have the opportunity to read these letters. Also,
who authorized the sale of the chairs since there was no advertisement for government property to be
sold? Government property is not allowed to be sold without following proper procedures. With regard
to decorum, it is important that the Commission know what the community is thinking, or do they not
care. A simple clap lets everyone know how that person feels about an issue. Our Town Attorney took no
accountability and should be fired for the ordinance issue. We should hire or contract for our own less
expensive attorney.
Mayor Featherman stated that he did not know who gave approval or who sold the chairs. Comm. Stem
indicated that the chairs were over 10 years old and had to be removed because they were in the way of
construction at the time.
Carl Gehman, 1123 Highland Beach Dr . also asked who authorized the sale of the chairs. Town Manager
Weiser stated that they were authorized by the Commission as part of the demolition to be thrown away.
The Finance Director said they had 24 hours to dispose of these chairs or they would be thrown away and
asked if he could put them on Craig's list to get some money out of them. I gave him the okay. He was
not trying to do a bad thing. They were going in the garbage as part of the demolition.
John Sorrelli, 3400 S. Ocean Blvd stated that an architect is absolutely necessary for this project. You
need one to draw up the plans. This needs to be done and done quickly. Comm. Sheridan asked if they
have an architectural drawing. Library Director Mari Suarez stated that originally Barry Donaldson made
a drawing for the project. It is just a drawing and has no specs. Mr. Donaldson is a member of a Town
Board and there is a conflict of interest with him doing the architectural drawing.
Bev Knight Realtor with Ocean Estate Properties has lived in Highland Beach a very long time and was
involved on several boards. She has had many questions and issues and always had a great deal of help
from the Commission, Town Manager, Town Clerk and the Town Staff. She markets this town, promotes
this town and was totally embarrassed last week at the Workshop Meeting by the disrespect and the
slander. Everybody does have the town's best interest and hopes that the residents who are so unhappy
can work things out.
Town Clerk Brown read a letter from Bill and Ronnie Svenstrup, 3310 S. Ocean Blvd. into the record and
attached to the minutes as Exhibit `B ".
3. PRESENTATIONS:
No Presentations were made.
Town Commission Regular Minutes
_September 2, 2014 Page 5 of 10
4. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• No report. All meetings scheduled for August were cancelled.
C) Board Vacancies:
• Financial Advisory Board — Two Appointments
Ballot Vote — Vote for Any Two
Dragos Alexe — 3573 S. Ocean Blvd.
Max Angel — 2727 S. Ocean Blvd.
Edward Kornfeld — 3912 S. Ocean Blvd.
Town Clerk Brown stated that Comm. Feldman made his ballot out this morning and returned it to her in
a sealed envelope. After receiving the sealed ballots from the Commission, Town Clerk Brown
announced that the two people elected are Dragos Alexe and Edward Kornfeld.
MOTION: Vice Mayor Brown moved to appoint Dragos Alexe and Edward Kornfeld to the Financial
Advisory Board for three -year terms (09/14 — 08/17). Commissioner Sheridan seconded the motion.
ROLL CALL:
Vice Mayor Brown - Yes
Commissioner Sheridan - Yes
Commissioner Stern - Yes
Mayor Featherman - Yes
Motion passed with a 4 to 0 vote.
D) Monthly Board Meetings
• Financial Advisory Board — Sept. 5 — 9AM
• Budget Public Hearing — Sept. 9 — 5:01 PM
• Planning Board — Regular — Sept. 10 — 9:30 AM
• Beaches & Shores Advisory — Sept. 10 ffi —1:30 PM
• Budget Public Hearing (Set Budget & Millage Rate) — Sept. 23, 2014 — 5:01 PM
• Board of Adjustment & Appeals — No Scheduled Meeting
• Code Enforcement — No Scheduled Meeting
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 14 -007 O — First Reading
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA REPEALING,
IN PART, ORDINANCE NO. 12 -005 REGARDING THE AMENDMENT TO THE
TOWN CHARTER AT ARTICLE II "MUNICIPAL POWERS ", SECTION 2.01
"ENUMERATION OF POWERS ", SUBSECTION (30) "FUNDING LIMITATION ";
Town Commission Regular Minutes
September 2, 2014 Page 6 of 10
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Brown read Ordinance No. 14 -007 O into the record.
MOTION: Commissioner Sheridan moved to accept Ordinance No. 14 -007 O on the first reading as
presented. Motion was seconded by Commissioner Stem
ROLL CALL:
Commissioner Sheridan - Yes
Commissioner Stem - Yes
Vice Mayor Brown - Yes
Mayor Featherman - Yes
Motion passed with a 4 to 0 vote.
B. ORDINANCE NO. 14-008 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 30-67, `USES
PERMITTED, SPECIAL EXCEPTION, AND PROHIBITED USES ", AMENDING
SECTION 30 -68, "SUPPLEMENTAL DISTRICT REGULATIONS," TO PROVIDE
THAT BOATLIFTS ARE A PERMITTED USE; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, AND
PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Brown read Ordinance No. 14 -008 O into the record.
MOTION: Vice Mayor Brown moved to accept Ordinance No. 14 -008 O on the first reading as
presented. Commissioner Stern seconded the motion.
ROLL CALL:
Vice Mayor Brown - Yes
Commissioner Stern - Yes
Commissioner Sheridan - Yes
Mayor Featherman - Yes
Motion passed with a 4 to 0 vote.
6. CONSENT AGENDA: -
Mayor Featherman asked if any items needed to be removed from the Consent Agenda. =
Town Clerk Brown read the Consent Agenda into the record:
Town Commission Regular Minutes
_September 2, 2014 Page 7 of 10
A) Commission to re- appoint William Svenstrup to the Planning Board for a three -year term
(09/14 - 08/17).
B) Commission to authorize Staff to prepare a Meeting Decorum Policy incorporating the Rules of
Procedure in the Town's Code and Robert's Rules of Order.
C) Minutes:
July 29, 2014 — Workshop Meeting
August 1, 2014 — Training Workshop
August 5, 2014 — Regular Meeting
August 5, 2014 — Budget Workshop
MOTION: Commissioner Stern moved to accept the Consent Agenda as read. Commissioner Sheridan
seconded the motion.
ROLL CALL:
Commissioner Stem - Yes
Commissioner Sheridan - Yes
Vice Mayor Brown - Yes
Mayor Featherman - Yes
Motion passed with a 4 to 0 vote.
7. NEW BUSINESS:
None.
8. MISCELLANEOUS — ITEMS LEFT OVER:
A) Commission to authorize Mayor to sign a Contract for Architectural Engineering Services with
Bridges, Marsh & Associates, for the enclosure to the Library Patio Terraces.
Item was removed from Agenda.
9. REPORTS —TOWN COMMISSION:
A) Commissioner Louis P. Stern — I want to apologize to Max and Mary Angel for upsetting them
at last week's meeting. Regarding the boatlifts, we have a Board of Adjustment and Appeals and if
something is done not within the Code an application should be made to them. They will review it and
make their decision. If they do not approve it, the applicant has the right to go to the Fifteenth Circuit
Court of Palm Beach County for an appeal and filed within 30 days of the decision:
B) Commissioner Dennis J. Sheridan — I would like to thank Fr. Horgan for taking time out of his
day to attend this meeting.
Town Commission Regular Minutes
September 2, 2014 Page 8 of 10
C) Vice Mayor Brown — Read the following statement into the record: "I ran for this office 2 -1/2
years ago because I thought being a Vice Mayor would allow me to work to improve the quality of life
for our residents and enhance the beauty of our Town. So far I have been accused by a resident of
committing a criminal act of grand theft, voting for an illegal boatlift that met all of the requirements of
the Town Code and received two personal attacks on my facial expressions. I was born with this face
and I like it. Reflecting on all this, I found a quote from Dodinsky that clarifies my feelings. "When
faced with senseless drama, spiteful criticisms and misguided opinions, walking away is the best way to
stand up for yourself. To respond with anger is an endorsement of their attitude." I am proud of what I
have accomplished and disappointed with our progress. I am a man of integrity and honesty. Listen to
our Civility Pledge every time you walk in here for the meeting. Thanks and God Bless our Little Piece
of Paradise.
D) Mayor Featherman — I strongly support our Library and it is one of the best services we
provide to our residents. Our Librarians are hardworking, diligent and extremely helpful to our residents
and I am in favor of this project. On behalf of myself and the Commission, I would like to apologize for
the Charter violation that we went through. I am asking that we don't go over our $350,000 spending
limit in the future and abide by our spending limitation.
10. REPORTS — TOWN ATTORNEY BRIAN SHUTT:
Directed his comments to the action that was taken today regarding the issue of the architect. The Code
allows professionals to be hired through a RFQ because that is the way professionals are obtained. They
are normally not obtained through three written quotes. The reason an architect or engineer is obtained to
oversee the project is because a general contractor may not always catch everything, and it would provide
for use of change orders on occasion.
11. REPORTS —TOWN MANAGER KATHLEEN D. WEISER:
The Building Official has confirmed that anything that is structural, and there are structural changes in
this project, signed and sealed plans are necessary in order to get a permit. It is not necessary for the
windows.
Mayor Featherman asked if the Town Manager has obtained any information regarding " Airbub" (Air
BnB) and its legality which he requested at the last meeting. His concern is for the safety of our Town
and not allows people to rent for a day or two.
MOTION: Commissioner Stem moved to have the Staff look into Airbub (Air BnB). Commissioner
Sheridan seconded the motion which passed unanimously.
12. PUBLIC COMMENTS AND REOUESTS RELATED TO ITEMS DISCUSSED
MEETING:
Silvio Blaskovicz 1120 Highland Beach Dr . asked why residents could not comment on the boat lift
ordinance. Town Clerk Brown informed him that this was a first reading and not a public hearing. The
next meeting will be a public hearing and the public will have the opportunity to speak before a vote is
taken. He referred to the Planning Board and if they approve it, can a person go to the Commission for
Town Commission Regular Minutes
September 2, 2014 Page 9 of 10
an appeal. Town Attorney Shutt stated that they would have to appeal to Circuit Court. Mr. Blaskovicz
questioned the setbacks and feels they should be defined in the Ordinance since it is now being changed.
Comm. Stem asked that Mr. Blaskovicz accompany him to the Building Dept. and meet with the
Building Official for discussion on this.
Elyse Riesa, 1133 Boca Cove Lane commented on the 8 (A) item and, based on what was said at this
meeting, feels it may require engineering services. It would behoove the Town to hire someone to do
that. She also requested that the Commission review the three Letters of Interest before making a
decision.
Mike Stein, 3912 S. Ocean Blvd agreed that an engineer or architect is needed for the Library project.
He also suggested the Commission review the Letters of Interest, and get a reason why someone has been
selected. What was the basis for this selection? You need to know exactly what it is that they are going
to do. There was a meeting with Library Director Suarez and the contractor and we have a very good
idea as to what needs to be done. You should get three bids from the engineer or architect.
Dr. Bill Weitz, 1135 Boca Cove Lane referred to the Town Attorney's comment regarding the hiring of
professionals. Three bids should be obtained because it allows you to have some discussion, debate and
dialogue in choosing who is best suited for the job. In government work, you have three bids to prevent
wrongdoing or the appearance of wrongdoing. Certain people continue to advocate that you do not have
to do competitive bidding, but do the request for professional services. It may be legal but it is not the
right thing to do and the residents feel the same way. I am asking you to think very seriously about this.
Bev Knight, Boca Raton commented on the BnB rentals. Our ordinance on zoning is very clear. You
cannot rent out a house, a room or an apartment for one day, one week or one month because it falls
under a whole different category. It becomes transient and those people have to go to a hotel. It is also a
law that if you rent an apartment or a house for six months or under, the landlord pays a very heavy tax
on that. However, people are doing this all the time and renting for a day, a week or a month. It boils
down to a policing issue. Regarding the chair situation, I have to get rid of furniture all the time in
houses. No one wants used furniture; especially old chairs. So, I think they did the right thing with the
chairs.
Peter Rodis, 3224 S. Ocean Blvd addressed the letter from Bill and Ronnie Sventrup which was read into
the record stating that he was offended by it. The people who spoke at the last meeting had a right to
speak and discuss their issues and they were not malcontent reasons. They are here because they are
concerned.
Mary Angel, 2727 S. Ocean Blvd accepted Comm. Stern's apology. She spoke about articles written in
the paper about what has been happening in Highland Beach.
Commissioner Sheridan wanted to clarify the Library situation. It was mentioned that we had an offer
from one of our residents who was a member on one of our Boards, and thought it might be a conflict of
interest. If it is not a conflict of interest, I would like to move forward with Barry- Donaldson and let's
get the job done.
Town Commission Regular Minutes
September 2 2014 Page 10 of 10
Town Manager Weiser explained that there was a committee who selected the architect. It was made up
of our Fin. Dir. Cale Curtis, PWD Ed Soper, Library Dir. Mari Suarez and Dorothy who is the head of the
Friends of the Library. They reviewed the submittals and came up with the ranking. The Letters of
Interest and SEC ranking sheets are available in my office for the Commissioners to look at. According
to our Building Official, you will need signed and sealed plans for anything structural.
13. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman adjourned the
Regular Meeting at 3:17 PM upon a MOTION by Commissioner Sheridan; seconded by Commissioner
Stern.
APPROVED:
Bernal Featherman, Mayor
Ron Brown, Vice Mayor
Dennis J. Sheri Commissioner
's P. Slent, Zn
C eldm mmissioner
ATTEST:
Beverly M. rown, C
Town Clerk M
Date
Memorandum
To: Highland Beach Commissioners, Town Manager
From: Mike Stein, 3912 So. Ocean Blvd., Unit 905
Date: July 30, 2014
Subject: Funding Ordinance 12 -005 — Funding Limitation
Many Highland Beach residents were outraged by our Attorney's report to the Commission at its
Tuesday, July 29, 2014 Workshop and the demeanor of his presentation.
In our opinion, his report made light of an egregious error and deflected responsibility where it
doesn't belong. Clearly, the Town purchasing policy was not followed. Our Attorney sanctioned
the Commission to obligate funds that the Commission was not authorized to obligate. Suggesting
that a proper bid and award process is enough to satisfy compliance is nonsense.
For our Attorney to characterize the fault as arising from someone else's "human error" is to avoid
taking responsibility for the job he is well compensated by the Town to perform. Given that, the
only issue that can restrict the Commission's ability to raise the Town spending limit is a prior
Town referendum, one would think our Attorney would focus on this critical fact. It's noteworthy
that the Inspector General's office was able to bring this critical fact to light, but only after a
substantial amount money was illegally expensed. Our Attorney's comment that his "legal analysis
was correct" if one doesn't consider the referendum that his office failed to discover is laughable.
Further, our Attorney's recommendation to "continue the renovations to completion" is
reprehensible. I agree that we must complete the renovation and avoid any costly contract disputes,
but we should do everything to prudently mitigate our illegal spending.
Many of us found our Attorney's presentation completely lacking in remorse. There was no
apology. He took no personal responsibility and assumed an air of, "no big deal" and "we'll know
better for next time ". We were also disappointed that most of the Commissioners and the Town
Manager didn't seem to acknowledge the seriousness of the situation.
We consider this a very serious matter and believe our Town Attorney should be held accountable
for his actions.
Sincerely,
Mike Stein