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2014.08.26_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, August 26, 2014 1:30 PM Mayor Bernard Featherman called the Workshop 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; Commissioner Louis P. Stern; and Commissioner Carl Feldman. Also present: Town Attorney Brian Shutt; 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; Deputy Town Clerk Valerie Oakes 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: Mayor Featherman asked for any additions or deletions. Town Clerk received a letter from a resident that asked to be read during Public Comments. Receiving no other additions or deletions, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REOUESTS: Town Clerk Brown read a letter into the record (attached as Exhibit A) written by Gerald Block of 3912 South Ocean Blvd. Mr. Block is concerned over the $900,000 that was spent on renovations of Town Hall when the Town has a spending limit of $350,000 unless approved by referendum. Feels this was a criminal act, and the responsible people should be held accountable. Dr. Bill Weitz, 1135 Boca Cove Lane — At the last meeting Town Attorney Torcivia suggested the comments I made, as well as others, should be dismissed because they were political in nature. I thought about it and agree with him that it is political. I don't think you can refute or dismiss any statement made on this podium simply because it is political as this is a political meeting. Based on i Town Commission Workshop Minutes August 26 2014 Page 2 of 13 opinions he has given to the Town Commission, I believe the Town Attorney has not served this town well and should resign from his position. With respect to the Town Manager's selling of the chairs that was brought up several meetings ago for a minimal amount, it is not the amount of money. If you sell government property without authorization, it is a crime. Two weeks ago you were asked to approve additional monies for the architect. It was for $13,000 but asked for $20,000 in case it is needed. You asked to ratify it. This was actually after the fact. The Town Manager already had a bill for $19,000 on her desk two weeks prior to the meeting, and had already been paid. The Town Manager is now recommending that you hire the same architect to handle our engineering project for the Library. The additional monies spent for the renovations were an increase of fifty percent (50 %) over the initial allocation of money to that architect. The Town Manager authorized this, not you. You ratified it. I am asking for her resignation also. Peter Rodis, 3224 S. Ocean Blvd — I have mixed feelings regarding the five percent (5 %) increase to the employees of this town. I spoke to the Library Director and she indicated to me that the individual employee looks forward to that increase. Other communities such as Delray Beach have approved a 2 -1/2% increase. I would hope that the Commission discusses this and considers changing the number to 2 -1/2% in the budget. I also concur with everything Dr. Weitz stated. Max Angel, 2727 S. Ocean Blvd — I don't understand how the Town Manager and Town Attorney did not know about the rule that you can't spend X amount of dollars without appropriations. I am against this. These rules have been on the books for years. Mami Glasser, 3720 S. Ocean Blvd — I am here again on the subject of the property south of Toscana on AlA. This has been put into the Town of Highland Beach for an application to build a 16 story building. As I said the last time, the tranquility of Highland Beach would be destroyed. The building code at this time states that it is to be 35 feet high and small density. There should be no variances of any sort given to this property. Rhoda Zelniker, 3912 S. Ocean Blvd — Concurred with Marni Glasser. The north side of our building abuts this property and is a major concern for us. We are letting our Commissioners know of our concern for this building. We understand progress, but there is a certain amount of tranquility we would like to keep in Highland Beach. Silvio Blaskovicz, Highland Beach Dr. — I believe it would be a mistake to remove the boat lifts from Special Exception. Bel Lido Isle is a community unto itself and unlike any other of the surrounding communities. Having these boatlifts would disturb our views and make for a very congested community. If you pass this ordinance anything could happen and there would be no control over these boatlifts. Special Exception was designed to protect the value of the property. You should contact the people in Bel Lido and see what they want. Carl Gamin, 1123 Highland Beach Dr . — I want you to know that I find this dialog very impressive. Peter Rodis, 3224 S. Ocean Blvd addressed the concern of Mamie Glasser of 2727 S. Ocean Blvd. who previously spoke regarding the zoning issue on the proper located south of Toscana. He stated that he serves on the Board of Adjustment & Appeals and asks all concerned residents to come to their meetings and express their concerns regarding zoning issues. The Board members are very strict when Town Commission Workshop Minutes August 26 2014 Page 3 of 13 it comes to zoning. If the zoning issue is 35 feet then it won't be changed. The federal government forced Highland Beach to build Toscana which is 16 stories high. Nobody has that right again. Whatever the zoning issue is that is the zoning issue. Any concerned resident should come before the Board of Adjustment and Appeals when this developer is presenting his plan and they can voice their opinion. Then they can see that we will uphold the statute and the zoning and nothing beyond 35 feet will be built. Peggy Brown, Tranquility Drive — I understand Silvio's concerns. As Treasurer of Bel Lido Homeowner's Association, I received many calls after an anonymous letter went out asking why we would live on the water if we can't have a boatlift. It is a safety issue in hurricanes. 3. PRESENTATIONS• None. 4. BOARDS AND COMNUTTEES: A) Board Correspondence: • None B) Board Action Report: • No Report C) Board Vacancies: • Financial Advisory Board — Two Vacancies Town Clerk Brown presented the Commission with the Resolution that established the Financial Advisory Board. Talent Bank Interviews: Draws Alexe, 3573 S. Ocean Blvd gave a brief summary of his background indicating that he would like to help the town on an advisory position. He feels his background as a President and CEO of a company and his expertise in corporate finance would be an asset to this position. Max Angel, 2727 S. Ocean Blvd stated that he was a former member of the Financial Advisory Board and the Planning Board and was a CEO of several companies. He also indicated that he feels very strongly about doing the wishes of the town's people. Edward Kornfeld, 3912 S. Ocean Blvd gave a brief summary of his background in finance, operations and management, and is currently the Treasurer of the Regency Highland Board of Directors. He feels his background qualifies him for this position and very much would like to serve the community. Town Clerk Brown stated that since there are three applicants the Board will vote next week by ballot. Town Commission Workshop Minutes August 26 2014 Page 4 of 13 • Planning Board — One Re- appointment Talent Bank Interview William Svenstrup, 3310 S. Ocean Blvd stated that he enjoyed interacting with the other members of the Planning Board and would very much like to continue serving on the Board. He also indicated that he is President of the Seagate Board of Directors and was very involved with the negotiations and concrete restoration work. Consensus was to place this item on the September 2 " Consent Agenda. D) Monthly Board Meetings: • Financial Advisory Board — Sept. 5 — 9AM • Budget Public Hearing — Sept. 9 th — 5:01 PM • Planning Board Regular Meeting — Sept. l V'— 9:30 AM • Beaches & Shores Advisory Board Quarterly Meeting — Sept. 10 —1:30 AM • Budget Public Hearing (Set Budget & Millage Rate) — Sept. 23, 2014 — 5:01 PM • Board of Adjustment & Appeals — No Scheduled Meeting • Code Enforcement Board — No Scheduled Meeting 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 14 -007 O 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 ", 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. Town Attorney utt — Because of the issue we have had with the Charter, as pointed out by the IG, this ordinance revokes Ordinance No. 12 -005, which increased the funding limitations by Charter and restores the funding limitation back to the $350,000.00. There is also reference to a cable and communications portion that was also adopted in Ordinance No. 12 -005, but was not adopted by referendum, and is sufficient to stay in your Town Charter. Commissioner Feldman asked if there was anything else in the Charter that was approved at the same time that we should look at. Town Attorney Shutt — Pursuant to Ordinance 12 -005, I am not aware of anything else that we need to go ahead and remove from the Charter and put back in the Charter. We are still looking at other sections of the Charter to make sure they were adopted properly and placed in the Charter properly. By consensus this ordinance will be scheduled for a First Reading at the September 2nd meeting. B. ORDINANCE NO. 14 -008 O AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING Town Commission Workshop Minutes August 26 2014 Page 5 of 13 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 REGUATIONS," TO PROVIDE THAT BOAT LIFTS 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. Town Attorney Shutt — This ordinance changes the code to make boat lifts a permitted use. The boat lifts will still go before the Planning Board. This change takes the Special Exception process out of the approval of the boat lifts. The Planning Board will still review the boat lifts; add the same criteria for setbacks, size, etc. that is in the ordinance. Reviewing the new language added regarding hazardous interference to navigation and endangering life and property. He stated that this would give the Planning Board greater criteria to judge whether or not to approve the boat lift. Any appeal for the denial of the boat lift would have to go to Circuit Court and not to the Commission. Comm. Feldman questioned the reason for a special exception for a boat lift when it is in our code. Town Attorney Shutt explained that as long as the criteria you have in your code is met, they have always been granted. This is the reason for the change from a special exception to a permitted use. Comm. Stern — When he was Chairman of the Planning Board the entire code was rewritten, but this section was one of the areas we were not quite sure how to handle. I questioned why, after the Planning Board reviewed and approved it, it had to come before the Commission for a second approval. Take it out of our realm completely and make the Planning Board in charge of it. Then, if there is an appeal, it goes to the Circuit Court. The changes you are recommending are a good change for the Town. Comm. Sheridan agrees with the change and does not feel it is necessary for it to come before the Commission. Vice Mayor Brown agrees with the change. Mayor Featherman took exception to the change. By consensus this Ordinance will be scheduled for a first reading on September 2 °d 6. NEW BUSINESS: _ A) Commission to consider establishing policies addressing Meeting Decoruip Issues. Comm. Stern — We recite the civility pledge at the beginning of each of our meetings. I feel we must start doing a little more decorum amongst our meetings between ourselves and the people who attend. There is a little bit too much negativity. I would like to regulate the five minutes during our Public Town Commission Workshop Minutes August 26 2014 Page 6 of 13 Comments portion. We have visited other towns and noticed how much more professional they are. They have a five minute clock and when that clock buzzer goes off, you may not say another word and you may not come back a second time. At the last meeting there was applauding on one side and then the other. I would like to see if we can eliminate this. It is a business meeting and very disruptive when you talk too long, repeat yourself and you clap for the other person who you think is saying the right thing. Also, do we need public comments at the end of the meeting? Comm. Sheridan had no further comments. Vice Mayor Brown — We have a workshop meeting at the end of the month where we can discuss our ideas and listen to your ideas. The comment that was made about the Commissioners getting together at a closed meeting for a discussion is not true. The Sunshine Law prohibits us from doing this. We have to be in public when we discuss things. Our regular meeting at the first of the month is a business meeting where we make our decisions, and it is uncalled for to have people clapping during this time. I concur that we should have a bit of decorum in here. Mayor Featherman — I was very surprised that people, not only in the audience but up here, had asked our Town Manager and Town Attorney to resign. The Sunshine Law does not allow us to have private conferences. I feel it is very important for the residents to fight for their rights. Comm. Feldman — I agree with Comm. Stern. However, I feel that it is very important that at the end of the meeting we have participation only if it is on an agenda item. Town Manager asked for some type of direction from the Commission on this item. Comm. Stern suggested that they take some of the ideas discussed and try to create something that we can live with such as decorum, civility, no snide remarks and a maximum of five minutes or less for public comments. Comm. Feldman's suggestion for the public to speak after the meeting is a good one, but could possibly be limited to three minutes. Town Attorney Shutt stated there are rules and procedures that are already in place. He would have the Staff prepare a Meeting Decorum Policy. B) Commission to authorize Mayor to sign a Contract for Architectural Engineering Services with Bridges, Marsh & Associates for the enclosure of the Library Patio Terraces. Town Manager Weiser — The Capital Improvement Plan included the enclosure of the Library Patio Terraces. There was an RFQ put out for an architect engineer to provide complete design and development construction plans for this project. The Town received letters of interest and there was a selection evaluation committee, which I am not part of, to review each firms qualifications. Ranking was included in your packets with Bridges, Marsh & Associates as No. 1. The Staff negotiated a fee not to exceed $15,000. The Friends of the Library have pledged45,000 towards the cost of hiring an architect. The Library's budget has $5,000 available and their Repairs and Maintenance Budget and the remaining $5,000 would need to come from the General Funds Reserve for Contingency. Comm. Feldman asked if this went out as an RFQ or RFP. Finance Director Curtis stated that it went out as a Letter of Interest which is similar to a RFQ (Request for Qualifications). We look and rank Town Commission Workshop Minutes August 26 2014 Page 7 of 13 their criteria and qualifications before we look at pricing. They are ranked in highest to lowest and negotiate a fee with the highest rank firm. If we can't come to terms then we go down to the next proposal. Comm. Feldman — I don't believe we are following the purchasing policies of the Town. We need three bids but price bids also. I am not pleased with the architect that you chose because he already increased the first project by fifty percent (50 %). We definitely want this done, but feel we should get three firm bids on pricing. We should not use the same architect again because he said he wouldn't increase it the last time, but he did. Vice Mayor Brown — It is the Town Manager and Town Attorney's job to recommend to us what is the best way to go. The increase was due to the fact that he had to redesign some of the building based upon what he found once he opened up the building. Comm. Stern — Bridges, Marsh & Associates has done an outstanding job. I was not pleased with the increase. We are coming in ahead of schedule. I would like to consider them, but don't disagree with Comm. Feldman regarding receiving additional quotes. Comm. Sheridan — I have no objection to use this particular architect. I am disturbed by the increase that he has charged. There have been a lot of changes when they entered into this building such as mold, drainage, etc. I am in agreement that we need additional proposals. We made a commitment to the Library, and the sooner we can get the architect and construction done the better it will be for our residents and all of us. Mayor Featherman asked if there were three bids for pricing for this project. Fin. Dir. Curtis stated that they received three bids that included qualifications and again explained the procedure for pricing. Mayor Featherman — I agree with Comm. Feldman's request. Town Attorney Shutt addressed Comm. Feldman's concern on the Letter of Interest. Your Finance Director was correct in explaining that when you deal with professionals, you get the qualifications first and then you go ahead and negotiate the price. Consensus was to place this item on Miscellaneous -Items Left Over on September 2 °d 7. MISCELLANEOUS — ITEMS LEFT OVER: A) Minutes: July 29, 2014 — Workshop Meeting August 1, 2014 — Training Workshop August 5, 2014 — Regular Meeting August 5, 2014 — Budget Workshop No errors or corrections received. Consensus was to place this item on the September 2nd Consent Agenda. Town Commission Workshop Minutes August 26 2014 Page 8 of 13 8. REPORTS — TOWN COMMISSION: A) Commissioner Carl Feldman • Request of Resident — Punitive Action We received a letter from Dr. Bill Weitz who wanted that letter as part of the last meeting's agenda. The letter goes over the same situation we are all talking about. Listening to the residents of the Town regarding the matter of the Town Manager, I feel the Town Manager should submit her resignation according to her contract so the Town could go forward. B) Commissioner Louis Stern — What I heard today scares me. A little knowledge becomes very dangerous. I heard facts today that are not facts. Comm. Stern read the following into the record: Both the Charter Review Board, which did an excellent job and the Commission acted totally responsible by increasing the cap spending limit from ten percent (10 %) which was $350,000 back in 1991/1992 to ten percent (10 %) or approximately one million dollars of the now current year. It was financially correct for the twenty plus years to have this budget increase to make this town what our residents really like and want. How the increase happened to turn out by a mistake, there is no excuse for that. It was a mistake. Is it a punishable mistake? I don't know. According to the Inspector General, he said we should continue with the project and revert back to the $350,000. We did that today. If we find the need to raise that cap then we should do it the proper way. The Commissioners decided at the last meeting it was not necessary to go over the $350,000 now and it may not be for the next year, even though we do need a new fire engine and EMS equipment which was on referendum a number of years ago and was turned down. We are now without equipment because we didn't replace it when we should have. I ask what the final harm is. The Town Hall renovation had been on the books for five years. It badly needed to be improved, and will have greater efficiency not just for the personnel who work there but for the residents themselves. This Commission has worked extremely hard not to increase taxes. We are working on a new budget and the taxes are not going up. The former Commissioners went into our savings account to balance the budget. We have not done that and I hope that we don't do it. It would be great if the residents become a little bit more involved. Our new challenge going forward is going to maintain the taxes, give the people what they want, keep this town the tranquil wonderful town it is and let's stop this infighting. C) Commissioner Dennis Sheridan —1) A request to change the hour of our Budget Meeting was granted from the afternoon to 6:00 PM in order to accommodate those working residents after work. Public notice and a reminder at the Commission meeting were given. For the record, there were three residents in attendance, one of whom slept through the majority of the meeting. I am suggesting that we return to our regular afternoon hour. 2) The Town Commissioners received a letter from a concerned Highland Beach resident questioning the honesty and ethical activities of our Commissioners. He stated that the amount of monies spent on the renovation of the Town Hall and Police Dept. was an illegal act; accused the Commissioners of allowing this to happen; has accused the Commissioners of Grand Theft and should be punished. I suggest that he read- Chapter 119 of the State Statutes where he would learn the only person responsible for public records is the Town Clerk; not the Commissioners; not the Town Manager and not the Town Attorney. Our outstanding Town Clerk made a diligent and honest search of records recording the changing of our spending limits and Town Commission Workshop Minutes August 26 2014 Page 9 of 13 provided the Commission with her findings and the Commission acted accordingly. An honest mistake was made. I personally suggested we return the spending limit to $350,000 which has been accomplished. I am appalled at this resident that has accused this Commission of Grand Larceny. I also suggest that he not look for a letter of apology from the Commission but rather send an apology to the Commission for his actions. The Commission is governed by the Sunshine Law and we cannot talk among ourselves. 3) I have a question to ask of each one of the Commissioners and would like an answer. The question: Did you have any knowledge regarding how the maximum amount of spending should have been changed before the case was referred to the Inspector General, and if so, did you have any conversation with any person or persons regarding this subject? Comm. Feldman — Yes, because of the fact that we had a petition brought around stating that we didn't want this increase. The Commission said it wasn't enough people. We spoke to over 200 of them. That is why we came forward. We pushed for this for a couple of years and that is my knowledge of what we did. Comm. Sheridan — Did you have knowledge at the time that there was a mistake from an ordinance to a resolution? Comm. Feldman — No, but I feel there should have been more due diligence by our attorneys because when so many people were voicing their opinion at that time, the attorney should have looked into it further. It should have been checked right from the beginning to make sure we were doing it correctly. I do hold the attorney at fault. Comm. Sheridan — You do say that you had no knowledge of an inconsistency with our code prior to this case going to the Inspector General. Comm. Feldman — No. Comm. Stern — I had no knowledge whatsoever. I thought that what we did with the Charter Review Group, ourselves and the advice of the attorney we had done everything 100% correctly. Vice Mayor Brown — I had absolutely no idea we were doing an IG based upon whether or not it was a referendum or a code. I was accused that I knew about this before we even knew about the IG report. Mayor Featherman — I had no idea of this. D) Vice Mayor Ron Brown — I agree with Comm. Stem when we talk about embellishing our facts. Regarding the aforementioned petition of 200 names, Vice Mayor Brown referred to a section in our Code regarding petitions; paragraph 7 -34 and what is needed for a valid petition to present to the Commission. Town Clerk Brown read Section 7 -33 & Section 7 -34 into the record regarding petitions. Under the Petitions (2) number of signatures: Initiative and referendum petitions must be signed by qualified voters of the town equal in number to at least twenty (20) percent of the total number of qualified voters. At the last election we had 3400 voters; so a valid petition would require 680 signatures. The Form and Content must be specific on what question you would like on a referendum. I am not qualified to tell you what the question would be. I would recommend to anyone who would come into my office to go to an attorney because you will have to check Florida Statutes to make sure it meets the code for the State and Palm Beach County. Each petition has to have an affidavit of the circulator. If you go up to someone and ask them to sign your petition, you will have to bring that petition into me and have it notarized in my office saying you are the actual person who has circulated that petition and saw the person sign it in front of you. Each person has to sign it individually, show you identification and put their ID number on the petition. You then have 20 days after you came into me to get these 680 signatures back. Once I receive it, I bring it to the Supervisor of Elections. She charges us a fee but will check the signature in accordance to what is on file in her office. It is quite involved to do this. I received the petition with the 200 signatures, but did not have enough to go forward. If you like you can come into my office and I will explain it to you. Town Commission Workshop Minutes August 26, 2014 Page 10 of 13 E) Mayor Bernard Featherman — Discussed Airbub (Air BnB) which is an internet service that connects people who want to rent a room for as little as one evening with someone who wants to rent space in their home or condo. Highland Beach needs a plan for potentially stopping Airbub in our town because we are a safe town and it let's total strangers rent a room. Requested that the Town Attorney and Town Manager look into the residential requirements for the town and research what other towns are doing to prevent this potential threat to the peacefulness and the privacy of our community. He also mentioned that he will be attending a FEMA meeting this coming week. Thanked all the residents who were in attendance. 9. REPORTS — TOWN ATTORNEY BRIAN SHUTT: 1) Update on Boca Property: The closing was to take place within five (5) days of the approval from the Boca Raton City Council which occurred on August 12 The Title Company will not close prior to September 15 and we have a closing scheduled for September 16 2) Landscaping Ordinance as far as maintaining landscaping in the right -of -way. He asked for clarification as to whether the issue is the maintenance and responsibility of the trees in the right -of -way, or is it the replacement of the trees in the right -of -way. Pursuant to our agreement with FDOT the Town is ultimately responsible. Comm. Feldman stated that they did not want the residents responsible for the maintenance of the trees. The Town is responsible for the maintenance of those trees, but the homeowner is responsible for the landscaping in the right -of -way. We are talking about all the trees in the right -of -way. Manager Weiser — The current practice is they maintain the trees and we maintain the liability. If you want to switch that around, it will roughly be adding about $100,000 to your budget. PWD Soper — Historically, the current property owner has been maintaining the trees. The Town maintains its own property. We have roughly 30 trees and it costs approximately $5,000 to $7,500 a year to maintain them. If you extrapolate that amount to approximately 300 trees, we are going to approximate about $75,000 to $100,000 of expense to keep these trees trimmed. We are in the process of getting a more exact quote. If you look at the FDOT schedule of trees, there are a lot of trees and they need to be maintained in accordance to National Arborist Society Standards. Comm. Feldman — I am talking only about the trees that the State or the Town put in. PWD Soper — The State put in roughly 316 trees. 10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER: Based on the things that are said today, I am a professional and ethical manager and feel that my integrity is being questioned. This Commission passed an Ordinance to change the funding limitation based on records that were provided to the attorney. The Town Clerk, in this Town and all the municipalities, is the legal custodian of records. This is not only spelled out in the Clerk's job description but it is also in our code, our Charter and the State Statute 119. To that end the Clerk is required, not only by local law but by State law, to respond to all records request in good faith and make a reasonable effort to determine if a record exists. She did this. A mistake was made but the notion that myself or the attorney can be involved with records is not allowed.. I don't hold a key to the records office; I do not hold any kind of access to our records software nor does the IT person. We may not by State law be involved with records. That is the job of the Town Clerk. Only people who are designated by the Town Clerk may provide records. That is why there is a separation of powers between the two of us. She is hired and fired by the Town Commission. I cannot control Town Commission Workshop Minutes August 26 2014 Page 1 of 13 what happens with records. Therefore the notion that I or the Town Attorney should be involved with producing records is against the law. I cannot do that. I am reminding you that you have an Executive Session on the FOP collective bargaining agreement following this meeting in the Tom Reed Conference Room. 11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUS AT MEETING ONLY Mike Stein, 3912 S. Ocean Blvd Thanked the Commission for their commitment to the Library. Regarding the increase in the architect's contract, he feels the original proposal should be looked at, before any contract is signed or any commitment made. Commented on the Library proposal before you, stating reviewing qualifications is necessary but not the way to go. A proposal is needed with a price and then a comparison can be made. Referring to the decorum, he feels the applause is a good thing because if you hear the applause you have a feel whether that person is speaking for themselves or a representative of a group that appeared. As far as the Town Manager is concerned, no one is questioning your integrity. As stated previously, the Town Attorney should have obtained all records for the Town the day he became the Town Attorney and not just when the spending limit was in question. Bill Weitz 1135 Boca Cove Lane — Have reviewed the Inspector General's Report and find no where in that report that he ruled it was a mistake or the Town should continue the project. The only comment I read was that the Charter amendments were enacted without public referendum and didn't comply with State Law and should go back to the $350,000 limit which was in the original Charter. With regards to the bidding process and the confusion of getting three bids, there are two separate types of bidding process. One is a Letter of Interest whereby all vendors are invited to submit their qualifications and state their interest in doing the project. This is not a bid. An invitation to bid is a separate process with sealed bids, title, date, etc. We should be doing invitation to bids all the time. That is how you get the three bids. I am also asking the Commission and the Attorney to take responsibility for spending a million dollars illegally and saying it was a mistake made by the Town Clerk. There is no accountability at the top. It was an illegal act and you got bad information from your Attorney. You voted for a project that was necessary but the process was wrong and we spent illegal money. Peter Rodis, 3224 S. Ocean Blvd responded to Comm. Stern's comments regarding decorum. When the public is outraged and angry, are you expecting them to be civil or are you expecting them to exhibit their outrage. We have a right as citizens of Highland Beach. How we conduct ourselves may be an issue. Regarding the spending limitation, certainly a mistake was made. It is the Attorney and the Town Manager who should take responsibility. Rhoda Zelniker, 3912 S. Ocean Blvd. commented on Vice Mayor Brown's statement that he takes the advice of the Town Manager and Town Attorney. They made a mistake and if they are giving you advice right now I am questioning it. I also agree that we should have some decoiu m. With regards to Comm. Stern's report, I feel we are missing the entire point of this discussion. If you had presented to the people of Highland Beach what it was that you wanted to achieve and accomplish, I Town Commission Workshop Minutes August 26, 2014 Page 12 of 13 believe honestly that people would have voted to do this. All we are asking as residents is to have respect for us and be honest with the people. Ronnie Svenstrup, 3310 S. Ocean Blvd stated that she is very unhappy with all the negativity here today. My opinion of the Town Manager, Town Attorney and Town Clerk is very favorable. I chair the Beaches and Shores Advisory Board and have had so much help from the Town Manager and Town Clerk. We should try to restore tranquility here. I am happy with the renovations which have been talked about for many years; wish we could have gotten the fire truck and the improvements on the walking path were very welcome. I served on the Charter Review Board and an honest mistake was made. I would just like to thank all of you. You have all been very responsive, very professional and it is time for someone to say that. George Kelvin, 4740 S. Ocean Blvd had no idea how involved it was to get a petition going and thinks we should be afforded the right to applaud. Silvio Blaskovicz, Highland Beach Dr . — We are here to give you our input and should not be limited to five minutes or at least give us some flexibility. Linda Albertson, 3224 S. Ocean Blvd. — I have been to a great deal of Commission Meetings and have never heard the things that have been said here today. If there was a mistake made, it was a mistake. We are beating a dead horse. To get up and ask that you fire the Town Manager; what kind of civil conversation is that. We have a handful of people that come and have an agenda. That is a small part of our population. I talk to many people in this town and they would be appalled if they heard some of the things that have been said. The Town Manager has done a good job and I don't see making a mistake is any reason to get rid of her. Beverly has been in her position for a very long time and I don't see her or any of the Commissioners being enriched by any of the mistakes that have taken place. I want to go on the record of saying to the people who have been accused of different forms of treachery that there are a lot of people behind you in this town that don't feel that way at all. Carl Gehman, 1123 Highland Beach Dr . — I feel if you want to applaud you should be able to do it and have the right to say what you want. Mya Angel, Villa Magna — Regarding the applauding, the people are just showing their favor. 12. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 4:10 PM upon a MOTION by Commissioner Sheridan and seconded by Commissioner Stern. Town Commission Workshop Minutes August 26, 2014 Page 13 of 13 APPROVED: 4L Bernard Featherman, Mayor Ron brown, ice Mayor Dennis J. Sheridan, ommissioner "te miss ion Carl Feldman, Commissioner ATTEST: Beverly M. own, MMC Town Clerk 7 Date Gerald Block 3912 South Ocean Blvd. Apt. 1409 Highland Beach, Florida 33487 Ph: 561243-8003 August 18, 2014 TO: HIGHLAND BEACH TOWN COMMISSIONERS I am a concerned citizen of Highland Beach. I am a year round resident. I ordinarily do not get involved in town business. I have elected Commissioners to represent my interests who I thought were honest and ethical people. However, the actions of the Commissioners have raised my ire. Over $900,000.00 was spent on renovations of Town Hall when the spending limit without approval by referendum was $350,000.00! This was an illegal act, and should be punishable. The persons who are responsible for this illegal spending should pay for it. This is a criminal act of Grand Theft. The IG report came to the conclusion that this will not happen again. However, it was done and the Commissioners are at fault for allowing it to happen. Someone, the Town Manager, the Lawyer, or possible Commission members should be held accountable. The entire Commission has a fiduciary position and proceeded to cause this fiasco and took advantage of the people in the Town of Highland Beach. I look forward to receiving a written reply from my Town of Highland Beach Commissioners explaining what actions will be taken to those responsible. Sincerely, Gerald Block k OFFICE OF INSPECTOR GENERAL P'ALm BEACH COUNTY �r CONTRACT OVERSIGHT NOTIFICATION 4� (2014 -N -0124) John A. Carey ISSUE DATE. AUGUST 5, 2014 Inspector General "En(ancing , Pubfic Trust in Government" Town of Highland Beach Town Charter Amendment and Police Department and Town Commission Chamber Renovation Project What We Did violated the Town's Charter. This results in Questioned Costs' totaling Pursuant to a citizen complaint, we $917,477.08. reviewed an October 2012 Town of Highland Beach (Town) Charter What We Recommend amendment that increased the Town's "Funding Limitation" provision. We issued two recommendations. First, the Town should review all previous We also considered whether the Town's Charter amendments enacted without a "Police Department and Town public referendum to ensure that each Commission Chamber Renovation" such amendment complies with State project contract complied with the law. Second, until the "Funding Town's Charter. Limitation" provision is properly amended, future projects should adhere What We Found to the existing limitation which requires that any project or extension of services We found that the Town Commission's costing more than $350,000 first be October 2012 Charter amendment approved by majority of the electorate. increasing the dollar threshold for commencing municipal projects without voter approval was not valid because it was never approved by a public referendum, as required by State law. As a result, the requirement for voter approval in advance of any project exceeding $350,000 remains the governing Charter provision. We found that in February 2014, the Town Commission approved the "Police 1 Questioned costs can include costs incurred pursuant to a Depa r tment and Town Chamber potential violation of a provision of law, regulation, contract, p grant, cooperative agreement, or other agreement or Renovation" project contract estimated - locument governing the expenditure of funds, and /or a t0 COSt $550 ,000. However, because finding that such costs are not supported by adequate documentation, and /or a finding that the expenditure of funds the increased "Funding Limitation" for the intended purpose is unnecessary or unreasonable in provision was never approved b a amount. As such, not all questioned costs as in this case, p pp y are indicative of potential fraud or waste. public referendum, initiating this project Page 1 of 9