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2014.07.29_TC_Minutes_Workshop i TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, July 29, 2014 1 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 Glen Torcivia; 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; 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 At the request of Town Attorney Torcivia, the agenda was changed. Item No. 9 and Item No. 6D would be presented first. Consensus was to accept the agenda as amended. 9. REPORTS — TOWN ATTORNEY GLEN J. TORCIVIA Town Attorney presented a letter to the Mayor and Commissioners regarding Ordinance No. 12 -005 Funding Limitations which read as follows: Dear Mayor and Commissioners: As you may recall, in 2012 the Charter Review Board reviewed the Town's Charter and proposed several revisions. One of those revisions was to amend section 2.01(30), the "funding limitation ". As part of this firm's analysis of whether each proposed amendment required a referendum, we requested copies of all referendums that amended or readopted the Town's Charter since the adoption of the Home Rule Powers Act (1973). (The Home Rule Powers Act was the State Law that gave cities and towns a lot more authority) If the funding limitation was adopted by referendum, then a referendum is required to amend it. None of the referendums provided to us by the clerk adopted the "funding limitation ". We received a copy of Ord. No. 636 which was adopted by the Town Commission in 1993 and which, in addition to other amendments, adopted the "funding limitation" subsection by ordinance and not by referendum. (In 1993 the Commission adopted it by Ordinance) As such, it was our legal opinion that the "funding limitation" could be amended by ordinance. Town Commission Workshop Minutes July 29, 2014 Page 2 of 13 We were recently contacted by the Palm Beach County Inspector General's Office (the "IG ") regarding the adoption of the amendment to the "funding limitation" by ordinance. On Tuesday, July 22, 2014, representatives of the IG's office met with Kathleen Weiser, Cale Curtis and me. The IG informed us that a complaint had been filed and it involved three matters: 1. The Town's purchasing policies; specifically the procurement of services for the renovations of the police department and Town Hall. We are pleased to inform you that the IG found that the Town had not violated any laws, rules or regulations regarding this matter. As you may be aware, staff and our office have been working on a revised Purchasing Code, which we anticipate presenting to you next month. 2. The Town's sale of the Boca property. We are pleased to inform you that the IG found that the Town had not violated any law, rule or regulation regarding this matter. 3. The adoption of a charter amendment regarding the $350,000 funding limitation. We replied to the IG's initial email inquiry regarding the adoption of the funding limitation charter amendment and explained our legal analysis that because the "Funding Limitation" was not adopted by referendum, this section was subject to modification as are other ordinances. The IG replied that although our legal analysis was correct, there was indeed a referendum that adopted the "Funding Limitation" in 1991. The referendum was adopted by the Town commission in January of 1991 and was approved by the electorate in March, 1991. The IG concluded, and we agree, that the failure to provide our office with accurate information (i.e., a copy of the 1991 referendum) was attributed to "human error ". (When we met with the IG, they were very clear that it was "human error" and there was no bad intention by anybody). Based upon this newly discovered information, it is our recommendation that the Town Commission not enter into any other contracts for projects that exceed the $350,000 threshold unless a referendum is held to approve such contract. We also recommend the Commission's consideration of an ordinance that repeals the ordinance that improperly amended the "Funding Limitation ". (The Ordinance that was passed a year ago should be repealed so that the books and records are clear). Finally, as suggested by the IG, our office, with the help of the Town Clerk's Office, will review all charter amendments adopted by the Town since the adoption of the Home Rule Powers Act (1973) to ensure that all were adopted in accordance with law. We also discussed with the IG the effect that this discovery would have on the ongoing renovations of the Town Hall and police department. We agree with the IG that the best course of action is to continue the renovations to completion. Board Discussion Commissioner Feldman — I would like to see the actual written report from the IG. Attorney Torcivia — They have sent a draft which is confidential and there is a disclaimer on every page stating that it cannot be circulated until it is final. We are to respond by August 5 After that they will have a final report which will then be a public record. Comm. Feldman — I don't understand Item No. 1 if the purchasing policies were correct when Item No. 3 says they weren't correct. On the purchasing policies we spent Town Commission Workshop Minutes July 29, 2014 Page 3 of 13 $850,000 and they are saying that is correct. Attorney Torcivia — It was done the right way. Making believe that the $350,000 limit didn't apply, you still had to go out for bids; which the Town did. They looked at the process that the Town used to procure those services. Putting aside the $350,000 limit, they indicated that the process you went through complied with the Town's ordinances, rules and State Law. Comm. Feldman — The process was accomplished through a method that was improper. Attorney Torcivia — Again you have to put aside the $350,000. They addressed the $350,000 limit and said that was not proper. For example; the Town has to go out to bid for anything over $25,000. That policy was complied with. They did not have any issues with the process the Town used (you have to keep putting aside the $350,000 issue). Obviously the $350,000 was an issue, but they were okay with everything else the Town did other than that. Comm. Feldman — I commend the person or persons that went to the IG's office and asked that this be looked into. It is rewarding to see the residents of this Town are more interested in these things than we think they are. Before I became a Commissioner, I brought a petition for this to the Commission. I believe you gave a legal opinion that we did not need a referendum for this. Once I became a Commissioner, we brought it forth again and asked for a referendum on spending to be passed, and again you said it doesn't have to be done. Going forward, I can see a lot of work is needed to run the Town properly through the Charter; either makes another revision or legally how we go about doing this. Obviously it has to be done through referendum. Attorney Torcivia — That is correct. Items 1 and 2, the IG probably won't mention them at all. The only one that will be mentioned in their report is Item 3. Based on the 1993 Ordinance, all we needed was an Ordinance. When the IG found the 1991 referendum, which we were not aware of when we gave that opinion, it made all the difference in the world; because if something is passed by referendum, it has to be changed by referendum. If it is passed by ordinance it has to be changed by ordinance. Comm. Feldman — How did they fmd the 1991 referendum? Attorney Torcivia — I believe they went to the Supervisor of Elections Office. Comm. Feldman — Since you were at every Charter meeting, why didn't you go into this in depth? Attorney Torcivia — The reason being we went to the Clerk's office to give us a copy of every referendum. Again it was a human error in not locating the 1991 referendum. In defense of the Clerk, if you are looking and you find a 1993 Ordinance when the Town passed an ordinance with that funding limitation; I ask why they would pass an ordinance two years after a referendum was passed. If a referendum was passed there was no need to do the ordinance. I think what happened was the Clerk stopped looking when she found 1993, because there you found an ordinance that did the funding limitation. Logically who would imagine there would have been a referendum two years earlier? Comm. Feldman — Isn't that the responsibility of legal counsel to go in depth on these things and not rely on employees? Attorney Torcivia — I will give you the response that the IG gave us. Their email response was that your legal analysis was correct. The facts you relied on were incomplete. With the IG's suggestion, the Clerk's office is going back to 1973 and will provide us with every referendum. Then we are going to make a public records request with the Supervisor of Elections to provide us with every referendum Highland Beach has had since 1973. We will compare the two and prepare a chart that we will present to you. The other issue is that in the code book itself, there was a typographical error. If you looked in the code book at the 1993 ordinance, it would have directed you to the wrong place. If this wasn't so serious, it is almost a comedy of errors in the sense of where this ball got dropped. Again, the good news is that it has been caught and everybody recognizes it. We know the correct limitations at this point. Either the Commission decides to move forward with a different cap or you keep the $350,000 .00 cap. Commissioner Stern — What impact does this have immediately on the Commission and the work we are doing? Attorney Torcivia — Nothing really. We all asked the same question when the Inspector General came forward. What do we do with the ongoing renovations? His answer was you are between the devil Town Commission Workshop Minutes July 29, 2014 Page 4 of 13 and the deep blue sea. You obviously don't want to stop a project that is almost finished. You will have a lawsuit from the contractor. His opinion was the best thing to do was to complete the project. We agree with him. Complete the project and make sure it doesn't happen again. Comm. Stem — As for retribution, is there any fault with either the Town Attorney or the Town Clerk. Are there any penalties going forward? Attorney Torcivia — It is not a fair question for me to say as to the Attorney. That is for you to decide. As for the Town Clerk, that is for the Town Manager to decide. As the Inspector General said, it was human error. It was not intentional. No one maliciously went out there and tried to do something inappropriate. A mistake was made; it wasn't caught and now it has been corrected. Comm. Stern — It is your suggestion now since we are going to need a fire engine and if we don't do it under a contract where it is a lease and it is a purchase, that is going to have to be a referendum on its own basis; or we could do a referendum increasing the $350,000.00 cap. Attorney Torcivia That is correct. Comm. Sheridan — We have been told by the Inspector General that it was a human mistake. It was a definite mistake and we have to clarify that mistake. I would like to know when we make suggestions on behalf of the Commissioners as to what exact amount we want to go to, or if we want to leave it at $350,000. I would like to get the feeling of my fellow Commissioners as to just what type of figure they would like to put out there so we know where to go from there. I truly feel that trying to operate the Town properly under the limitation that we now have is impossible. Vice Mayor Brown — I agree with Commissioner Sheridan. We need to get this on a referendum if, in fact, we are going to change the funding. I think it has to be changed because I don't believe we will get anything done on $350,000. I would like to see it put on the November ballot. Mayor Featherman — If we have it as a referendum, I would like it to take place in March of next year when the people return to our community. I feel we should put a cap on what was stated that it would be done for. If we have a cap of $850,000 they cannot go beyond it, because we are in violation and to do something like that would continue our violation. I would like to move this to the agenda for the next meeting so we can discuss this further. By consensus this item will be placed on the agenda at the August 5 th meeting. 6 (D) Commission to authorize staff to move forward in completing and publishing a Request for Proposal to secure a new Solid Waste and Recycling Collection Agreement. Town Attorney Torcivia — Staff has been working on preparing that type of RFP for several weeks. The agreement with Waste Management was entered into 1999 and this is a long time to continue to extend contracts without going out for competitive bidding. That contract initially provided for two year extensions. In the past, it was not always extended for two years which it should have been. I can guarantee you that if you don't go out for bid the Inspector General will review this issue because their number one issue is with Waste Management. I understand there are concerns about changing waste providers in the middle of season. This 1999 agreement ends on December 31 as opposed to June 30 which would be more convenient for the residents. The new provider, and it could be the same company, should end on a June 30 date to avoid the issue of a transition when all the residents are here. If Waste Management is selected again, there is no issue and there would be a smooth transition. If a different provider is selected, they will need several months to gear up. Waste Management will have to extend Town Commission Workshop Minutes July 29, 2014 Page 5 of 13 their services for a few months. Based on the fact that this contract is 15 years old and not quite amended the proper way at least twice in the past, it would be better to go forward with the bidding process. Comm. Feldman — The Commissioners met with Waste Management individually. The Town Attorney called me indicating that a town employee should have been present at the meeting which made it more of a sales presentation or a lobbying situation. In the future, if any of the Commissioners are to meet individually with anyone regarding a contract, a town employee should be present to verify what we are given is the correct information. If we don't go out for a RFP, I would like a legal opinion from our Attorney, in writing, authorizing us to do that. If it can't be done in writing, I would like to know why. Attorney Torcivia — I think the better course is to go out for bid. If the majority of the Commissioners do not want to go out for bids, I will go back and try to figure out a legal opinion that supports that decision. I would not be comfortable giving an opinion until I studied these contracts more, studied the case law on contracts that have been amended improperly in the past and the ability to extend those. Comm. Feldman — If we do go out for proposal, what would the cost be to the Town? Attorney Torcivia — The cost is pretty much the staff time. Attorney Shutt indicated that it should not take a long time to review it. Comm. Feldman — The representative of Solid Waste Management stated that, if we go out for RFP at this time where it is not required and a contract is given, there could be many legal ramifications by the other bidders. Attorney Torcivia — The reverse is also true. If you don't go out for bid, there could be legal ramifications by people who didn't have a chance to bid. Attorney Shutt — If you follow your own procedures when you go through the bidding process, there is less of an opportunity for someone to file suit. Comm. Feldman — Could we go forward with the contract we have now? Attorney Torcivia — It would be difficult to come up with a justification for it. Comm. Feldman — The meetings I had with the representative from Waste Management, indicated it was a push through. There would be no problem, no consequences and it is the way to do it. Since there was no one there from the Town, I wanted to be sure I got the right information. Attorney Torcivia — Regarding the contract, if you have a meeting with the Waste Management Sales Representative you are only going to hear the good things about them. The only way to find out what is out there is to shop. Comm. Feldman — To eliminate some of the problems I have in my mind, in the future, could we have an open meeting with all of us instead of a one -on -one. Mang &er Weiser — Once we put out an RFP, they cannot lobby you. Comm. Feldman — Can we adopt a non - lobbying rule? Attorney Torcivia — That could be done. Also, people could make presentations publically. You would have every company in South Florida giving a presentation and that is why you go through a process. You have a systematic ranking of companies and have a presentation by the top two or three companies. Then you get to make a decision in public. Comm. Stern — I know of no one in my complex, or my neighbors, that is currently unhappy with our waste management services. However, based on our Town Manager's opinion and our Town Attorney's suggestion that we go for an RFP, I think it is a smart move on our part if we do this. Comm. Sheridan — I have been the President of a building for the last fifteen years and I have never had a complaint from any of our residents, nor to the service or to the personnel that they use. I think it is one of the finest companies here in Florida. At the advice of our Attorney, I feel we should go out for an RFP. Vice Mayor Brown — I am also President of a Homeowner's Association and have not heard a complaint from any of the residents. They are doing a great job. I would personally prefer to extend our present contract. However, based on the legal opinion of our attorney, we will have to go with the RFP. Town Commission Workshop Minutes July 29, 2014 Page 6 of 13 Mayor Featherman — I own 500 shares of stock in Waste Management. It is only 1 /60 of one per cent so I would not fall into a problem of ethics. However, I feel I should not vote on it because I do own that stock. Based on today's conversation I feel we should put it out for bid. I also met with the representative and I mentioned to her that we only have one -third of the residents here in the summer time. Our cost for their services should be two- thirds less in the summer time. She indicated that this would be something they would consider. Ellen Smith, Representative, Waste Management — We are a Fortune 200 Environmental Services Company and for the seventh year in a row a member of Ethisphere, the world's most ethical companies. We want to continue to be your partner. If it goes through a competitive process, we would like to receive the contract again, to continue to bring our quality service, with the safest record in America back to your Town. We will be full participants and very willing to go through the Request for Proposal process. I have heard the words Solid Waste Authority bid structure today. There are two different level of service. The Solid Waste Authority bid does not provide you with three men on a truck. It does not provide you some of the other bells and whistles of the community partnership we share. Comm. Feldman — You asked to speak with the Town Manager about offering sweeter deals before if they don't go out. You also indicated that the Town Attorney could not give you a legal opinion. Ellen Smith — We have a difference of opinion. At Waste Management we are rock solid that you are allowed to go out for RFP without any legal implications or bounce back. We are prepared to indemnify you that you are on rock solid ground extending the contract for renewal. Consensus was to place this item on the Consent Agenda for August 5 th . At this time, Town Attorney Shutt replaced Town Attorney Torcivia at the dais. 2. PUBLIC COMMENTS AND REOUESTS: Peter Rodis, 3224 S. Ocean Blvd — There are residents here who are very concerned and would also like to thank those who went to the Inspector General. Regarding Waste Management, it is not just about waste management but it is all about their delivery, and no one is as good as they are. However, I agree with the Commission that there should be a RFP. I have many questions regarding the $350,000 cap. I feel that the residents of this town should have a say if this figure goes higher so they can understand what it is the Town is spending the money on. Dr. Bill Weitz, 1135 Boca Cove Lane —My remarks today are not personal. I am dismayed with some of the reactions with respect to the information we learned today from our Town Attorney. We violated State Law. This was not a local ordinance that got confused in a local political situation. The State Law requires that when Charters are revised, referendums must be held among the town's people. The referendum issue was pushed by local people not knowing it was required, because they felt it was the right and fair thing to do. It was put on the back burner and that it wasn't necessary because they had the legal authority to go ahead and raise the cap on spending without referendum. Since this was in violation of the Florida State Law, all expenditures over the last year and a half above the $350,000 threshold are questionable. The spending of that money, whether by human error, co- mission or omission was in violation of the existing Charter that was in effect at the time, which is the $350,000 cap that was never Town Commission Workshop Minutes July 29, 2014 Page 7 of 13 legally changed. I find it absolutely incredible and disingenuous to place the responsibility for this egregious error on the Town Clerk who is a loyal long term supporter of this Town, a hardworking person, but who is in an administrative and clerical capacity. The people responsible for this should be the Town Manager and the Town Attorney. They placed this Town in a serious violation of State Law. We received bad legal advice. In all sense of honor and dignity, the Attorney should consider resigning his position and so should the Town Manager. Failure to do that, you gentlemen have the responsibility to determine what level of performance, what level of capability and what level of responsible behavior you want from your employees. This is not a simple human mistake. Yes it was a mistake, but it was a mistake of a failure to properly advise the Commission on an issue involving State Law and compliance of State Law. In the law, ignorance is no excuse. We didn't get good work and we didn't get proper work. I have repeatedly seen our Town Attorney give casual recommendations to the Commission and I have asked him to put it in writing. There are attorneys out there that don't agree with him. The attorney with the Inspector General's office didn't agree with him. If other people could find that information, how come we couldn't find the information? You potentially have spent lots of money illegally, whether by mistake or error. I challenge this Commission, the Town Attorney and the Town Manager to do the right thing; but please don't blame it on the Town Clerk. She is not paid to provide legal opinion or offer legal guidance to this Commission. She simply provides information and to place it on her is absolutely ludicrous. I find it very disheartening and I hope the town's people find it as so. Mike Stein, 3912 S. Ocean Blvd — In accordance with what I just heard, I am shocked that the Attorney would not apologize and acknowledge his mistake. Rhoda Zelnicker, 3912 S. Ocean Blvd — When I ran in the last election, I put in my mailing that I was outraged at this increase without the people being present on this discussion. At the League of Women Voters my opponent, who I respect greatly because he thought he was doing the right thing, called me a liar. I was outraged and am happy that this has come to light. I was not a liar. I really just cared about the Town. The fact is that there were 200 signatures asking this Commission to acknowledge that we would like a referendum. Carl Feldman requested this at a meeting and everything was no, no, no. I am in full agreement with Dr. Weitz. The lawyer has to take responsibility. How can you be so sure that he is not giving you inaccurate information on other issues? There was a mistake made. I am only asking that the Commission please listen to what your people are telling you, and please do not dismiss what 200 people are telling you in the middle of the summer. It never would have gone to this if the Commission would have listened. It was not right to blame the Town Clerk. The buck has to stop with the lawyer. He is getting paid good money to give us good representation and he failed. Al Craft, 3215 S. Ocean Blvd — This problem originated way back when. The referendum was passed in 1991 and in 1993 they passed an ordinance that erases it. This was a short period of time to forget that it couldn't be changed in 1993. Every time there is a referendum and the Charter changes, a new copy should be published. A petition with many signatures was presented to you. Whenever you take away people's right to vote on something, I think it is incumbent that you give them the right to say whether they want that right taken away from them, rather than a simple majority taking away the people's right to vote that they had for many years. 3. PRESENTATIONS: None. Town Commission Workshop Minutes July 29, 2014 Page 8 of 13 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • No Report C) Board Vacancies: • Beaches & Shores Advisory Board — One re- appointment Talent Bank Interview Jim Jiovanazzo -3700 S. Ocean Blvd. #1205 stated that he wants to be a volunteer in the Town, and has enjoyed serving on the Beaches & Shores Advisory Board and would like to continue for another 3 years. Consensus was to place Jim Jiovanazzo's re- appointment on the Consent Agenda for August 5 th . • Financial Advisory Board — Two Three Year Terms; One re- appointments There were two resignations on the Financial Advisory Board. Bill Gross submitted his resignation as of last Friday and today Ronald Brooks withdrew his application due to a personal matter. Bruce Giacoma, 3015 S. Ocean Blvd is up for re- appointment but could not make today's meeting and will return next week for the interview. D) Monthly Board Meetings: • Town Commission — Emergency Preparedness Training —Aug. 1 St at 9:00 a.m. • Town Commission — Budget Workshop — Aug. 7 th at 6:30 p.m.(unless changed via 6E) • Town Commission — (Tentative) Budget Workshop — August 26 immediately following the workshop meeting • Planning Board- Regular Meeting — Cancelled • 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 -005 0 (Revised) 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 Town Commission Workshop Minutes July 29, 2014 Page 9 of 13 MAINTAIN ANY LANDSCAPING IN THE PUBLIC RIGHT -OF -WAY; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 14 -005 0 into the record. Town Attorney Shutt — Under Florida law, whether it be FDOT or the Town, whoever has control of the Right -of -way is ultimately responsible for the right -of -way. What we are attempting to do is try to have the adjacent property owner maintain the right -of -way. The Commissioners had some concern regarding the liability issue in this ordinance. It is not intended to increase the liability of the adjacent property owners, but to clarify the fact that they need to maintain this. However if someone is working in the right -of -way and something happens, they could possibly be liable. Comm. Feldman — Seagate Condominiums have a landscape company maintain the trees and such in the right -of -way. Under this ordinance, does it say that the individual homeowners need to do the same? Attorney Shutt — Under this ordinance, if the individual homeowner is adjacent to public right -of -way, then it is the individual homeowner's responsibility to maintain that swale area even the trees were planted by the State. Comm. Feldman — Who would enforce this? Attorney Shutt — It would be enforced by the Town. If this ordinance passes and a homeowner does not maintain the right -of -way, then they could be subject to the Code Enforcement process. Comm. Feldman — Under this ordinance, we are taking the responsibility away from the Town and putting it back onto the homeowner. Attorney Shutt — Under the section where the Town has agreed with FDOT that the Town will be responsible for the maintenance, the Town is ultimately responsible and legally could not transfer that to the adjacent property owner. Comm. Stern — I would not be happy to see this ordinance pass under the way you are presenting it today. As president of a homeowner's association, we have front footage from Russell Drive to Bel Air. There are 12 to 15 trees planted by the State i.e. Town. We maintain the swale, pick up the palm fronds and cut the grass. I don't see passing responsibility onto my homeowners. We don't mind maintaining the swale, but I don't see any responsibility for the tree if it falls, replacing the tree or maintaining the top. Comm. Sheridan — It does not apply in my situation, but I understand what the other Commissioners are saying about passing the responsibility and additional financial expense onto the homeowners. I am not in favor of this ordinance. Vice Mayor Brown — I was under the impression that if a tree falls down on the right -of -way, it is the Town's responsibility to replace it. Attorney Shutt — If a tree falls down through no fault of the adjacent property owner, it is not the adjacent property owner's responsibility to replace the tree. It is their responsibility to maintain the trees; such as trimming, removing the coconuts, palm fronds, etc. Mayor Featherman — I agree that the liability should not be on the homeowner if the trees fall down. It should be in writing that the Town is responsible. Comm. Feldman — Delray sends a unit out, takes the coconuts off the trees and pulls down the falling fronds. Could we put in something like this where the Town would maintain the upper part of the tree? Attorney Shutt — We could accomplish this by saying that maintenance shall not mean trimming palm Town Commission Workshop Minutes July 29, 2014 Page 10 of 13 fronds or removing coconuts. There already is an ordinance on the books. The only thing I was adding to the ordinance is basically putting the maintenance responsibility on the adjacent property owner. There is already something in the ordinance as far as maintaining landscaping areas, but it does not refer to the adjacent right -of -way. Comm. Feldman — Clarification of maintaining the upper part of the trees should be put in there. Attorney Shutt — I can put in that landscaping does not refer to any maintenance of any trees whatsoever, nor will they have to replace trees. Consensus was to add that statement to the ordinance and have a new reading. 6. NEW BUSINESS: A) Commission to authorize purchase of a Submersible Pump Motor for Ground Water Well #6 Town Manager Weiser — The submersible pump motor for ground water well #6 has broken down and we do not have a replacement in stock. We budgeted $40,000 to procure a pump for well #6. We received four bids that came in at $46,364.00. We are asking for approval to purchase the pump from AMPS in the amount of $46,364.00. The remaining $6,364 would be charged to the Renewals and Replacement account. Consensus was to place this item on the Consent Agenda for August 5 th . B) Commission to approve Amendment 1 as submitted and authorize ratification of $13,538 to Bridges, Marsh & Associates. Town Manager Weiser — We hired Bridges, Marsh & Associates architects for a project about one year before we actually did this project. The architect indicated that the changes would be more in addition to his contract, which we approved. We are asking for authorization up to $20,000.00 for those expenditures as an amendment to the contract for professional services. Consensus was to place this item on the Consent Agenda for August 5 C) Commission to authorize the purchase of loose furnishings from Corporate Interiors, Inc. Town Manager Weiser — Separate from the contract for construction, there was approximately $120,000 for loose furniture, and looks like it is coming in way below that. You have been looking at different pieces of furniture for the chambers. The costs are included in your proposal. They are under State of Florida Contract. There is also a proposal to replace the exterior sconces. We are asking for the funding of $19,609.02 for the furnishings and an additional $4,774.00 for the exterior sconces. Comm. Feldman — Why did we choose Corporate Interiors? Manager Weiser — We use somebody who uses State contract. Comm. Feldman was not happy with the chairs that were picked. Manager Weiser stated that they are very similar to the chairs being used in the Library, except the bottoms will be fabric and not leather. Comm. Feldman —Is this all the furniture that will be purchased for the renovation project including both the Commission Chambers and the Police Department? Reply — Yes. Comm. Stern — I did extensive research on this company and the two chairs we are buying. The prices quoted are far better than any price I saw from any other manufacturer, distributor or vendor. The price for a $400 chair for $149 is excellent. I am comfortable with this decision. Town Commission Workshop Minutes July 29, 2014 Page 11 of 13 Town Manager Weiser — When the State puts something out for State contract, they put out a bid basically across the country on a certain item. Anyone who is in a government or educational institution can piggyback that bid. That is the reason for such good pricing. There will be no need to order any additional furniture. We are covered with this request. Consensus was to place this item on the Consent Agenda for August 5 th . D) Commission to authorize staff to move forward in completing and publishing a Request for Proposal to secure a new Solid Waste and Recycling Collection Agreement. This item was discussed at the beginning of today's meeting. E) Discussion on changing the Budget Workshop time or date. Town Manager Weiser — The scheduled Budget Workshop of August 7 th at 6:30 pm conflicts with a scheduled performance in the Library. After a discussion regarding changing the date or time of the meeting, consensus was to schedule the Budget Workshop for August 5 th at 6:00 pm. Consensus was to put this on the Consent Agenda changing the meeting to August 5 th "' 6:00 PM. 7. MISCELLANEOUS — ITEMS LEFT OVER: A) Minutes: June 24, 2014 — Workshop Meeting Julyl, 2014 — Regular Meeting July 9, 2014 — Special Meeting Consensus was to place this item on the Consent Agenda for August 5 th . 8. REPORTS — TOWN COMMISSION: A) Commissioner Carl Feldman — There was an article in the paper (copy passed around to the Commissioners) regarding transactions on Craig's List. Boynton Beach, Delray and Boca came up with the idea that these transactions be done in the Police Department. I would like to see this done in our Town since we will have a new Police Department and a room where these transactions can be held. B) Commissioner Louis Stern — That is a great idea and is something we should think about doing in our Town. Regarding the concern regarding license plate recognition cameras along AIA, a Broward Chapter Attorney for the American Civil Liberty's Union wrote in the Sun Sentinel that he does not see a problem in license plate recognition cameras as long as the department does not stock pile data on law abiding citizens. C) Commissioner Dennis Sheridan — Regarding repairs in our fire station here in Highland Beach, Chief Danielle Connor responded to some things we might be able to do by ourselves and some in conjunction with them. There are seven items on the list which has to be reviewed by our Town Manager Town Commission Workshop Minutes July 29 2014 Page 12 of 13 as to which ones will be done. In addition to these items, we are also looking to install an exhaust system for that department and looking into installing hurricane rated apparatus bay doors to replace the outdated doors we now have. D) Vice Mayor Ron Brown — No Report. E) Mayor Bernard Featherman — A letter written by Mayor Featherman to the Office of Criminal Justice Grants was given to the Commissioners approving the Criminal Justice System getting grants. There is no involvement from the Town other than supporting them. By consensus the Commissioners approved sending the letter. I was not present at the Palm Beach League of cities Meeting, but understand that it is not recommended that Commissioners attend Town Board meetings. Comm. Feldman explained that when they go to these meetings, they cannot interact within the board meeting. If they are going to be voting on something that these boards are bringing up, we should not attend these meeting before. We should get all the facts before we come to the meeting. It is not mandatory but they just advised it. Comm. Stem feels it is very beholden on us to attend these meetings and will continue to do so. Comm. Sheridan feels the same and found it very informative. Vice Mayor Brown feels it is imperative that they attend them. 9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: No report. 10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER: August 1 'r at 9:00 am is your Emergency Preparedness Training as a Commission. 11. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT Rhoda Zelniker, 3912 S. Ocean Blvd — I am on the Beaches and Shores Committee and am very concerned about environmental issues. The Waste Management Company does an excellent job and Regency Highland is very happy with them. When riding my bike a coconut did fall off one of the trees and someone did get hurt. The trimming of the coconuts is very important for the bike riders. 12. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 3:16 PM upon a MOTION by Commissioner Sheridan and seconded by Commissioner Stern. Town Commission Workshop Minutes July 29 2014 Page 13 of 13 APPROVED: Bemaz eatherman, Mayor Ron Brown, Vic ayor Dennis J. Sheridan, Co ssioner e ssi er i 7 apl�- -- Carl Feldman, ommissioner ATTEST: V Beverly M. Brown, MMC Town Clerk as ate