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2015.01.06_TC_Minutes_Regular 1 1 TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, January 6, 2015 1 PM Mayor Bernard Featherman called the Regular Meeting to order in the Town Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner Louis P. Stern; Commissioner Carl Feldman and Rhoda Zelniker (appointed under Item 7A). Also present: Town Attorney Glen Torcivia; Town Manager Kathleen D. Weiser; Acting Town Clerk Valerie Oakes; Finance Director Cale Curtis; Public Works Director Edward J. 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. 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. Commission Feldman added Item No. 7C under New Business: Town Manager's Contract Agreement. Receiving no further additions or deletions, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REOUESTS: Bill Weitz, 1133 Boca Cove Lane — I wish everyone a Happy and Healthy New Year. Also, I express my condolences to the Sheridan family on Commissioner Dennis Sheridan's passing. He was a fine public servant. There is an item on the agenda regarding the vacant Commission Seat. I am sharing my opinion as well as some of the people in town, although it will be for only four sessions, that I strongly advocate for Rhoda Zelniker to fill that seat. It is not a political reason, it is practical. She is a community activist, a member of the Beaches and Shores Advisory Board, just completed her CERT training and someone who cares very deeply about this town. 1 Town Commission Regular Minutes January 6 2015 Page 2 of 12 Elyse Riesa, 1133 Boca Cove Lane — As the new Chair of the Beaches & Shores Advisory Board, I read an article in the Coastal Star regarding plastics destroying animal life on the beach. We recently put one post, as an experiment, on the beach with disposable, bio- degradable plastic bags hoping that a resident would use one to pick up trash on the beach. Unfortunately, this turned out to be a bad idea. The Coastal Star quoted that these bio - degradable bags do not go away in the ocean but break down into smaller pieces according to a report released by the Oceanic Atmospheric Administration. I am asking the Commission to give permission to remove the post with the bio - degradable bags. Also, I know Commissioner Stern has been working diligently on coming up with a plan to get the Boca Raton Police Force to police our Intracoastal Waterway and help control the large wakes caused by some boats. Unfortunately, we cannot get a "no wake" zone in Highland Beach. Tim Burnich, 4505 S. Ocean Blvd — On January 2, the town maintenance crew was taking down the Christmas tree and ending the Holiday season. I would appreciate it if the town would leave up the tree and decorations until after January 7 since this date is celebrated by some countries and religious groups as part of the Christmas holiday. Carl Gehman, Highland Beach Dr . — I wish you all a Happy and Healthy New Year. 3. PRESENTATIONS• A) March 10, 2015 Election Ballot Question on the Water Infrastructure By: Ed Soper, Public Works Director Public Works Director Ed Soper — At the last meeting, the Board approved the language for the referendum for the upcoming water quality improvement program. I will show the presentation again at this meeting to give the people an opportunity to see it if they were not present at the last meeting (presentation attached as Exhibit "A "). Finance Director Cale Curtis — I will recap the financial portion of the Water Infrastructure Improvement Project (included as part of Exhibit "A "). PWD Soper — The Resolution has been adopted. On February 6, 2015, we need to have the language to the Supervisor of Elections to be placed on the ballot for the March 10, 2015 election. Commissioner Feldman — This is definitely a health and welfare situation for the town. We can't say no to this but what we have to do is properly inform the residents on what we are going to do and why we have to do that. I would like to see something put in the referendum in simple language. Perhaps the Town Attorney can work with you on it. I don't want to see legalese language as we have done in the past, just simple language. Then we can inform the residents in separate mailings, whether it be the Highlander or by mail, to encourage them to agree to all of this. I think your five million figure is right in line with what I have seen and read. PWD Soper — We are working on something that will be ready for the Highlander and general publication. Comm. Feldman — Could you run it by the Commission before it goes to print? Commissioner Stern — Thank you for your time in explaining this to me and one of my concerned homeowners because what you explained to us made it very clear, and you are right, it is not going to cost us a lot and it has to be done. Town Commission Regular Minutes January 6, 2015 Page 3 of 12 Vice Mayor Brown — If we did the financing, it would not require any increase in millage rate from what I see. Fin. Dir. Curtis — It would require an increase in millage rate from the current year to the next year. Vice Mayor Brown — Let me state it a different way. It would not require the Commission to raise the millage rate for next year's budget. Fin. Dir. Curtis — No it would not. Vice Mayor Brown — The monthly flat rate is 5.85 per dwelling unit, how long? Fin. Dir. Curtis — For the life of the loan which would be 20 years. Vice Mayor Brown — At the end of the 20 years we get rid of the 5.85, so, we need to explain this to the residents. Mayor Featherman — We are for this because it is for the health and safety of our residents. I also feel we should have this in simple language for our residents to understand. i B) Boca Airport Authority Update By: Paul Resnick, Board Member Paul Resnick — I am here to give a report on the Airport Advisory Committee which I serve as the Boca Member. I am also the Chair of the Code Enforcement Board. The Boca Airport has two Boards: A) The Airport Commission which none of us are involved; and the Noise Abatement Airport Advisory Committee consisting of eight members which I am on as a representative from our Town. It is a quiet airport. We get involved more with airport advisory then we do with noise. There is very little the airport can do about noise because most of the arrivals, landings, departures are directed by Palm Beach Air Traffic Control. We do have quarterly meetings and discuss airport business in general since there is so little in the way of noise. They have a new tower that was built with mostly federal funds and put in a glass fence to reduce noise complaints from the surrounding businesses. The new Airport Manager's name is Clara Bennett and Kim Whalen is the Business Manager. The airport is trying to get a custom's facility at the airport and could possibly service the boating public. This would enforce our custom's regulations. Comm. Feldman — Regarding the customs, how would they handle the boats with the water so far away from the airport? Paul Resnick — Hopefully they would provide waterside service. Comm. Stern — At the October 16, 2014 meeting, I see that they unanimously approved the Resolution in doing the customs but failed to say whether it would be done on property or across the street at FAU. Paul Resnick — I have no further information on that. C) Fire Truck Update By: Fire Chief Danielle Connor Fire Chief Connor — I have been working with the Town Manager's office as well as management personnel from the City of Delray Beach, inclusive of our City Attorney and Finance Director. The finalization of the language changes that need to be made to the Inter Local Agreement are being finalized probably by the end of next week. At which time we will be prepared to present a document to the Town Manager and Finance Director for their consideration to bring before this Commission, and then conversely before our Council. We have had some preliminary discussions with the Town Manager and I think the terms will be acceptable to the Town. That will reflect that the City of Delray Beach will henceforth be responsible for the purchase of the apparatus, but the ladder truck as well as replacement medic vehicles moving forward. We will take on that responsibility, purchase the trucks, put together the specifications and then the price of the lease of those vehicles will simply be reflected in the Inter Local Agreement moving Town Commission Regular Minutes January 6 2015 Page 4 of 12 forward. So, we would not approach you every 10 to 15 years requesting for a new vehicle and having referendum limitations and so forth. Comm. Feldman — Is there any value to the equipment we have now? Chief Connor — Probably limited. The implicit value of the particular vehicle that the Town owns is probably very minimal. Comm. Feldman — I want to thank you for your unending support of our CERT program. Mayor Featherman — I received a letter from Governor Rick Scott stating that he wanted to have, for our law enforcements, fire fighters and paramedics, a Florida First Responder Appreciation Week. Police Chief Craig Hartmann — Governor Scott has proclaimed this week, January 5th thru the 9 as Florida First Responder Appreciation Week. It is dedicated to encourage all Floridians to take time out of their day to show our First Responders and their families how much we value their service to our communities. I want to take the opportunity to thank our Police Officers that work and the sacrifices they make to provide our safety and security twenty -four hours a day, 365 days a year. They do a great job and hear it from our community and our residents all year long. We certainly saw an abundance of that during some of that anti - police sentiment and especially over the holidays. We appreciate it and on behalf of our men and women I want to say how much we appreciate working and serving in the community that we do. 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • Acting Town Clerk Valerie Oakes read the report into the record. C) Board Vacancies: • None D) Monthly Board Meetings • Planning Board — January 14 — 9:30 AM • Beaches & Shores Advisory Board — No Scheduled Meeting • Financial Advisory Board — January 16 — 9:30 AM • Bd. of Adjustment & Appeals — January 20 — 9:30 AM • Code Enforcement — January 21 — 9:30 AM • Town Commission Workshop Meeting — January 27 — 1:30 PM • Qualifying begins at Noon on January 27 • Town Hall Closed: January 19 — Martin Luther King Jr. Day 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 14 -005 O — 2nd READING/PUBLIC HEARING 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 Town Commission Regular Minutes January 6, 2015 Page 5 of 12 SECTION 28 -10, "MAINTENANCE STANDARDS FOR CULTIVATED LANDSCAPE AREAS", TO CLARIFY THAT THE ADJACENT PROPERTY OWNER SHALL MAINTAIN ANY LANDSCAPING IN THE PUBLIC RIGHT -OF -WAY; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND FOR AN EFFECTIVE DATE. Acting Town Clerk Oakes read Ordinance No. 14 -005 O into the record. Mayor Featherman opened the Public Hearing. Hearing no comments Mayor Featherman closed the Public Hearing. MOTION: Commissioner Stern moved to adopt Ordinance No. 14 -005 O on the second reading. Motion was seconded by Commissioner Feldman ROLL CALL: Commissioner Stern - Yes Commissioner Feldman - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion carries 4 to 0. 6. CONSENT AGENDA: There were no items on the Consent Agenda. 7. NEW BUSINESS: A) Discussion of the Vacant Commission Seat of a Two -Year Unexpired Term Town Manager Weiser — Dennis Sheridan was originally elected Commissioner in March of 2011 and reelected in March 2014 for an additional three -year term. His passing on December 11 cn has left a vacancy on the Commission. Charter Section 1.06 (11) reads as follows: "In case of vacancy in the Commission, the remaining Commissioners within 30 days after the beginning of such vacancy shall by Resolution fill such vacancy or vacancies by appointment until the next regular election." This section requires you as Commissioners appoint an individual via Resolution to fill the vacancy until the next election which will be held on March 10` Essentially this means that the person you appoint will have to serve for four (4) meetings, two (2) workshops and two (2) regular Commission meetings. It also requires that the vacancy of the two -year unexpired term of Commissioner Sheridan that will end in March of 2017 be filled at our next election which is March 10` I have given you minutes of how this has been handled in the past. However, that was to fill a seat for an entire year. You may immediately fill the seat; follow the procedures the Commission took in 2008; chose a different process, but in any event this seat is required to be filled by January 10th. Town Commission Regular Minutes January 6 2015 Page 6 of 12 MOTION: Commissioner Feldman moved to nominate Rhoda Zelniker. Commissioner Stern seconded the motion. ROLL CALL: Commissioner Feldman - Yes Commissioner Stern - Yes Vice Mayor Brown - No Mayor Featherman - Yes Motion carries 3 to 1. Rhoda Zelniker was swom in as Commissioner by Acting Town Clerk Oakes. B) Approval to authorize the advertisement of Request for Proposals (RFP) for Design/Build Services for the Library Terrace Enclosure Project Town Manager Weiser — We are presenting the Request for Proposals (RFP) to you before proceeding. The only change to what was presented is the pre -bid meeting will be held on Tuesday, January 20 at 1:30 PM. Commissioner Feldman — Is this the final notice that you will be sending out? Fin. Dir. Curtis — Except for the change that the Town Manager mentioned to you regarding the pre -bid date, this is the final proposal. If you are all in agreement with this, it will begin today and be on our website. Currently I have a list of seven (7) firms that I will be sending this directly to. Commissioner Stern — I am very comfortable we are moving forward and I have one name that I will be submitting to you. Vice Mayor Brown — I think it is great to get on with this. Mayor Featherman — I am also very pleased that we are moving ahead with this. MOTION: Vice Mayor Brown moved to approve the advertisement of Request for Proposals for Design/Build Services for the Library Terrace Enclosure Project. Motion was seconded by Commissioner Stern ROLL CALL: Vice Mayor Brown - Yes Commissioner Stern - Yes Commissioner Feldman - Yes Commissioner Zelniker - Yes Mayor Featherman - Yes Motion carries 5 to 0. Town Commission Regular Minutes January 6, 2015 Page 7 of 12 C) Town Manager's Contract Agreement Town Attorney Torcivia — As you are aware, the Town Manager has an Employment Agreement with the Town. There has been a tentative agreement reached, subject to the approval today, where she will leave the Town, mutually agreeable, and the Town will pay twenty (20) weeks severance pay. Health insurance will be provided on her own, either through COBRA or otherwise. There will be a full release from any liabilities so there is no potential of any type of action against the Town. MOTION: Commissioner Stern moved to accept the Separation Agreement and General Release of Kathleen Weiser. Motion was seconded by Commissioner Zelniker Vice Mayor Brown asked for the effective date. Town Attorney Torcivia stated it was effective today. ROLL CALL: Commissioner Feldman - Yes Commissioner Zelniker - Yes Commissioner Stern - Yes Vice Mayor Brown - No Mayor Featherman - Yes Motion carries 4 to 1. 8. MISCELLANEOUS — ITEMS LEFT OVER: None. 9. REPORTS — TOWN COMMISSION: A) Commissioner Carl Feldman — In answer to Elyse Riesa's request to remove the plastic bags, I was under the impression that it was a trial. Since it is not working, you could just remove them. Regarding Tim Burnich's request to keep the Christmas decorations up until January 8 because of religious beliefs, I see nothing wrong in doing that. We completed our first CERT's program in Delray Beach. There were five people from Highland Beach. We are now certified and have graduated. We will now join Elyse's group for recertification. In the 2014/2015 Budget, the Police Operating Budget got $3,000 for the start-up of the CERT Program in Highland Beach. I don't believe Highland Beach should start a CERT's team since we already have everything going in Delray Beach. I think we should turn the $3,000 over to the Delray CERT's Program immediately so they can continue the next class and go on. MOTION: Commissioner Feldman moved to turn the $3,000 over to the Delray CERT's Program. Town Commission Regular Minutes January 6 2015 Page 8 of 12 Discussion: Vice Mayor Brown — I thought the funds were to go to our current CERT Team to replenish their supplies and continue; not to fund a current class in Delray. Comm. Stern — I also remember that it was for our team here and not for Delray. Therefore, I must concur with the Vice Mayor. Comm. Zelniker — I have not read what was in the budget and cannot comment at this time. Comm. Feldman — The write -up states that the funds will be used for supplies and training. The training is performed by Delray and were given an unbelievable amount of supplies. If we train a new group of people, we will use the Delray Group. I feel we should give them the $3,000 to continue the training. Elyse Riesa — I am the CERT leader for Highland Beach. We were told that we were going to receive the $3,000 for Highland Beach and were going to set up a separate team initially because we were told that Delray was not going to fund their CERT program. The Commissioners for Delray decided to fund that program for Delray which included Highland Beach. I spent a significant amount of time on the phone with Ken Thompson who is the instructor for the CERT Program and I asked him if he needed the money. He said no because we are being funded. My suggestion is to take those funds and be able to utilize them for supplies for Highland Beach or for people in the community. CERT will not give you two -way radios and they are very important for homeowners. For instance, if there was a team leader in one of the large condos that worked with me and would be able to report back to someone any one of the CERT people, they would be able to let them know if everyone was vacated out of the building, any injuries or if the phones were not working. There are different supplies we could use here. If we have the money and Delray does not need it, it would be a good thing to be able to keep it aside and use it for ourselves. Comm. Feldman — I spoke with one of our trainers, James Bast, who is in charge of the Delray funds. There is no such thing as they don't need the money. We took the supplies and the training and we should pay for it. We are not set up here in Highland Beach and new people will be going into training at Delray. We should give them the money since it is the only right thing to do. Comm. Stern — It is my recommendation, since the budget is not clear as to where the funds belong, is that we keep it this year and in our line item next year we should consider money for the CERT program in Delray. Vice Mayor Brown — We should go along with what the CERT Program Chairperson recommended. Comm. Zelniker — Perhaps we could split it since we are not using it at this time. We do have some residents that will be taking the course. We should itemize what we will be purchasing with the money. I don't feel Delray should be funding our education without us doing something. Town Commission Regular Minutes January 6 2015 Page 9 of 12 Elyse Riesa — I would suggest if we are going to do that, we have our own private refresher course with Ken which is what we were originally going to do. Comm. Feldman — How is Ken and his crew paid and how are our supplies paid? Fire Chief Danielle Connor — For two years the CERT Program in my department was defunded. They decided on their own to become a 5010 and raised money to keep the program alive and well. This year our program was funded. I agree with Comm. Feldman that there is no such thing as enough money. The budget for this program is $14,000 and covers the 65,000 permanent residents of Delray Beach as well as the residents of Highland Beach. The monies that are used are for the equipment, uniforms and the gear. The bulk of that budget goes towards the training. If Highland Beach wanted to set up their own refresher class, Ken could sign up as an independent contractor. This would be a one -time specific class for the residents of Highland Beach and could be done for a few hundred dollars; outside any equipment purchases. Motion failed due to a lack of a second. B) Commissioner Louis P. Stern • Discussion on Memorial of Dennis Sheridan I would like to read a few words from one of the last letters he wrote to us referring to our civility and end the bickering among the Commissioners as well as the residents. "Let us all work together and restore the feeling I had when I first became a Commissioner and one of friendship progress and commitment." In that light, we as a Town could create a memorial, a plaque somewhere in the Town in his honor. These are my three suggestions: 1. It was suggested we could put up the Civility Pledge in this Chamber with Dennis's name attached to it. 2. We could do something at the Fire Station; create a plaque or create a name for some part of it. 3. With the family support, they would like to donate some money to the Town. We could take one of the Library enclosures and dedicate that to Dennis Sheridan; not both, but one of them. I would like to ask my fellow Commissioners what their thoughts are. Comm. Zelniker — I personally like the Civility Pledge Plaque with Dennis's name. I have been telling people to make donations in Dennis' name to the Library. I am agreeable to whatever decision is made by my fellow Commissioners. Comm. Feldman — I would like to make it a town -wide fund. I think the Library suggestion is a great idea with the Civility Pledge Plaque put there. Vice Mayor Brown — I think a plaque with the Civility Pledge here in the Chambers is a great idea. We could dedicate it to or in memory of Dennis Sheridan. Mayor Featherman — I think it would be a great idea to put some type of plaque in the Library. It would be a fine recognition for him. Comm. Stern — On that basis, I will contact the family and see what type of commitment they would like to make. We can build on that at our workshop. In answer to Elyse's request on the boat patrol, the last correspondence I had from the Mayor of Boca Raton is that it is currently between the Town Manager and the Finance Director to find out the cost involved. To date, they have not gotten back to me. Town Commission Regular Minutes January 6, 2015 Page 10 of 12 C) Vice Mayor Ron Brown — It is a sad day when we see our Town Manager depart. There has been a lot of controversy and facts embellished. She has done so much for our Town; i.e. Police Dept. contracts, Fire Dept. negotiations, Waste Management contract, sale of the property, balance budget and completion of the renovations. I wish we were able to keep her here. D) Mayor Bernard Featherman — Happy Holiday Season to you. In lieu of what our Commissioners have been doing for our community, we are having plaques made for them. This will also include Dennis Sheridan. 10. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: I would like to thank the Mayor for making himself available during the holidays. There was a minor correction on the deed for the sale of the Boca Property and he was able to sign it. 11. REPORTS — TOWN MANAGER KATHLEEN D. WEISER: Thank you for four years of support. A special thank you to all of the Staff who have been so supportive and we work very well as a team. I wish you all good luck and only the best for the community of Highland Beach. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING: Barry Donaldson, 3700 So. Ocean Blvd — I would like to say a special thanks to our Town Manager and second everything the Vice Mayor had to say. I had a question for Paul Resnick regarding the banner planes that fly over our condos which could be a problem during some high winds. Who communicates with the banner pilots; where they fly out of and what type of education program they are encouraged to follow. It might be a good idea to check into that. Thank you for moving ahead with the Library project. Elyse Riesa, 1133 Boca Cove Lane — As leader for the CERT Program in Highland Beach I am very happy to see that people who are part of the Commission have taken part in training. It gives us the sense, as residents, that you understand how important this program is. I commend Comm. Feldman who has pushed this program so more and more people know about it. I personally want to thank you for all that you have done for this town. I also want to wish Kathleen the best of luck for the future. Can any of the funds from the sale of the Boca Property be used toward the water project in order to lessen the amount proposed on the referendum? Carl Gehman, Highland Beach Dr . — I have an issue with the CERT Program since no one has contacted me and I asked to join. I would also like to know how you can be put on a ballot for an opening on the Commission. With regard to Dennis Sheridan, I feel you should have three plaques and put them in the Library, Fire Dept. and the Commission Chambers. Town Commission Regular Minutes January 6, 2015 Page 11 of 12 Mike Stein, 3912 S. Ocean Blvd — I am sorry for the loss of Dennis Sheridan. I feel several things can be done. A plaque here would be most appropriate. I think a fundraiser in his honor would be a wonderful way to fund one of the rooms in the Library. I will bring this up to the Friends of the Library Board. I am happy we are moving forward with the Design/Build for the Library. There are several contractors that I spoke to who will bid for this project. I am confident it will go through and thank the Board for what they have done. Mayor Featherman — We need to have an Interim Town Manager and would like to appoint Beverly Brown. I would also like to appoint Valerie Oakes as Interim Town Clerk. MOTION: Commissioner Feldman moved to appoint Beverly Brown as Interim Town Manager and Valerie Oakes as Interim Town Clerk. Motion was seconded by Commissioner Zelniker ROLL CALL: Commissioner Feldman - Yes Commissioner Zelniker - Yes Commissioner Stern - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion carries 5 to 0 vote. Mayor Featherman — This will be effective today. Commissioner Zelniker thanked the Commission for her appointment. 13. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 3:10 PM upon a MOTION by Commissioner Feldman: seconded by Commissioner Zelniker. I Town Commission Regular Minutes January 6 2015 Page 12 of 12 APPROVED: 7 � Bernard F therman, Mayor Ron Brown, Vice ayor L P S rn ssioner f ��eldman, Commissioner 1 Zelniker, Co is i r ATTEST: Valerie Oakes, CMC Acting Town Clerk )l Date V = - k 3 LJJ Q CL CL LLE Lm . � L a ll . C L Z tka 0) CL a) 0) -imp m m � 3 �. 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