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2015.01.27_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, January 27, 2015 1:30 PM Mayor Bernard Featherman called the Workshop Meeting to order in the 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 Commissioner Rhoda Zelniker. Also present: Town Attorney Brian Shutt; Acting Town Manager Beverly Brown; Acting Town Clerk Valerie Oakes; Finance Director Cale Curtis; Public Works Director Edward Soper; Library Director Maria Suarez; Lieutenant Eric Lundberg; 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. Receiving no additions or deletions, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS: Bill Weitz, 1135 Boca Cove Lane — Regarding the CERT Program training and upcoming training and refresher course, we received information from the CERT Team and Elyse Riesa who is the head of the CERT Program in Highland Beach. There will be a one -night refresher course here in the Commission Chambers for those who have already taken the course on February 11 from 5:30 to 9:30 PM. There will be a seven (7) week CERT training beginning March 31 and going through May. I have the schedule for anyone who is interested. It is a great program. James_Jiovanazzo, 3700 S. Ocean Blvd wanted to know the status of the 3200 S. Ocean Blvd. property. Commissioner Feldman stated that they should be breaking ground by the end of February or maybe sooner. Town Commission Workshop Minutes January 27, 2015 Paae 2 of 10 Tim Burnich, 4505 S. Ocean Blvd — I have just been elected Chairman for the Code Enforcement Board, and it has come to my attention that some residents in Highland Beach do not know the procedure for filing a complaint or a problem regarding the enforcement of the Code. It might be helpful if each one of the Advisory Boards write an article for the Highlander explaining what they do, what procedures they should follow or how they could become involved with the different Boards. Carl Gehman, Highland Beach Drive wanted to inform the Commission that there has been no sound on Channel 99. Allen Teller, 4210 S. Ocean Blvd — I am concerned about the money, approximately $300,000, the Commission and the people who run this Town have spent and got nothing in return. It started about six years ago with the firing of Town Manager Dale Sugarman and the money they paid him afterwards and the litigation. The action cost the Town a great deal of money. Shortly thereafter, they hired a new Town Manager. Now we are going into a repeat mode. She was encouraged to resign and will be compensated. This is taxpayer's money. 3. PRESENTATIONS: • Water Infrastructure Improvement Projects by Public Works Director Ed Soper. Public Works Director Ed Soper — The presentation given at the prior meetings has been modified slightly but basically remains the same. Finance Director Cale Curtis has also made some modifications to make it easier to understand about the financial impact of the infrastructure improvement project. The presentation is attached as (Exhibit "A "). The estimated project cost is 3.2 million dollars but will not know the exact amount of money until the project is specked out and bid. This amount is a conservative estimate and will be eligible for funding through the State Revolving Fund which is a low interest loan. Regarding the Cal Cite System Replacement Project, the estimated cost of $950,000 is a conservative figure but again will not know the exact cost until it is sent out for bid. He put a ten percent (10 %) contingency in all these budgets to be sure. Finance Director Cale Curtis explained the financing plan for these two projects as shown in the presentation attached as Exhibit "A ". Staff and the Financial Advisory Board have discussed various funding sources to include self - funding through our Reserves, bank loans, bond issuances and special State programs for water utilities. Our recommendation is to use the Drinking Water State Revolving Fund Program that is administered by the Florida Department of Environmental Protection which offers long term, very low financing under two percent (2 %). The Town has used the SRF (State Revolving Fund) for all of its debt in the Water Plant. Board Discussion: Commissioner Zelniker — This presentation was very well put together and is for the health, safety and wellbeing for the people who live in Highland Beach. If this is printed out clearly and precisely, I feel we will have no problem getting this referendum passed. Town Commission Workshop Minutes January 27, 2015 Page 3 of 10 Commissioner Feldman — The debt we are incurring is really negligible. It should be made into one package and is fairly easy to understand. I think the residents will realize it is not only helping one sector of the Town, but helping the whole Town. Commissioner Stern — You will be seeing some presentations today on literature that we will be sending out and I think we will have no problem passing the referendum on our March ballot. Vice Mayor Brown — I think we need to add verbiage that we do not need to raise taxes to pay off the debt. Our current tax structure will cover that. Mayor Featherman — If it affects the health and safety of our residents, we have to do what is right. We have a price on the chemicals and another price on the pipes, etc. and may want to consider having two referendums rather than one. Comm. Feldman — I would not want to have two referendums. Mainly because, if you pass one, you could not do it without the other. Vice Mayor Brown — I agree with the Mayor. We need to simplify it. I don't think the two are necessary and feel we could replace the pipes without doing the Cal Cite. We should have two referendums. Comm. Stern — It could be done in two, but I would like to see it done in one. If we are clear that we are not raising taxes, I don't see how it would not pass. 4. BOARDS AND COMMITTEES: A) Board Correspondence: ;0ard None B) Action Report: • No Report C) Board Vacancies: o Board of Adjustment & Appeals — One Three -Year Term • Beaches & Shores Advisory Board — Three -Year Term effective immediately Talent Bank Interview o Ann Gehman, 1123 Highland Beach Drive is a newcomer to Highland Beach and spends much of her mornings on the beach, has learned a great deal about the turtles during turtle season and is very concerned about our beaches and keeping them clean. She would like to serve the community and feels she would be an asset to the Beaches and Shores Advisory Board. o Edward Neitich, 4740 S. Ocean Blvd is on the Board of Directors at Braemer Isle and a member of Gumbo Limbo Nature Center and very knowledgeable about the different species of turtles and the manatees. He gave a brief description of his past experience and stated that part of his duties as Public Safety Commissioner in Long Island was to run the Marina and Harbor Patrols and was Harbor Master. Because of his great Town Commission Workshop Minutes January 27, 2015 Pag 4 of 10 interest and experience in marine life and the beaches, he would like to serve on the Beaches & Shores Advisory Board. o Lynn Rodis 3224 S. Ocean Blvd stated that she recently retired and would like to give some of her time to the town and serve the community. She loves the beaches and is very interested in keeping them clean and working with the Beaches and Shores Advisory Board. Consensus was to place this item under Miscellaneous Items — Left Over on the February 3, 2015 Agenda. • Financial Advisory Board — Re- Appointment — 3 year term Talent Bank Interview o David Buchsbaum, 1104 Russell Drive has served on the Financial Advisory Board for the past three years and thanked the Commission for taking such a great interest in the Board. He gave a brief description of his background and qualifications and is very interested in serving for another three -year term. Consensus was to place this item on the Consent Agenda for February 3rd D) Monthly Board Meetings: • Town Commission Regular Meeting — February 3rd —1:30 PM • Qualifying began today at noon • Qualifying Ends — February 10 — Noon • Planning Board — Meeting rescheduled from February 11 to February 19 - 9:30 AM • Board of Adjustment & Appeals — No scheduled meeting • Beaches & Shores Advisory Board — No Scheduled Meeting • Financial Advisory Board — No Scheduled Meeting • Code Enforcement Board — No Scheduled Meeting • Town Commission Workshop — February 24 — 1:30 PM • Town Hall Closed: o February 16, 2015 — President's Day 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 15-0010 —1 READING SCHEDULED FOR FEBRUARY 3, 2015 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA TO ADOPT A 20 -YEAR WATER SUPPLY WORK PLAN AND TO AMEND THE TOWN COMPREHENSIVE PLAN TO STRENGTHEN COORDINATION BETWEEN WATER SUPPLY AND LOCAL LAND USE PLANNING; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUES; PROVIDING FOR INCLUSION; PROVIDING FOR REPEAL OF CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Commission Workshop Minutes January 27, 2015 Page 5 of 10 Acting Town Clerk Oakes read Ordinance No. 15-0010 into the record. Acting Town Manager Brown — Florida Statutes requires that local governments amend their Comprehensive Plan within 18 months after the Water Management District approves a Regional Water Supply Plan. Since the 2013 Lower East Coast Water Supply Plan was approved on September 12, 2013 the deadline to amend the Town's Comprehensive Plan and include updates to the Town's 20 year water supply work plan, which was adopted in 2009, is March 2015. Draft amendments have been made and are now subject to Public Hearing before being approved by the Commission and forwarded to various State agencies for expedited approval. When submitted, the State has 30 days to comment on the plans or be challenged by the effective agency. If no comments are received, the Town Commission will need to hold a second Public Hearing and formerly adopt the final plans. If comments are received, revisions must be incorporated into the plans, adopted and resubmitted for a final review. We are asking that the Town Commission schedule a Public Hearing for this Ordinance on Tuesday, February 3, 2015. Public Works Director Ed Soper made a presentation regarding this Ordinance and attached as Exhibit `B ". As stated by Acting Town Manager Brown, we need to update our Comprehensive Plan and the Water Supply Work Plan by March 2015. Basically it is just an overview of the Town's water supply sources and their facilities. It must be updated every five years and look ahead twenty years. These revisions have already been submitted for preliminary review to the South Florida. Management District and I don't feel they will find much fault with the plan. B) RESOLUTION NO. 15-001 R — PROPOSED RESOLUTION A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUESTING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO CONDUCT THE CITY'S MARCH 10, 2015 ELECTION AND ANY OTHER ELECTIONS CALLED DURING THE CALENDAR YEAR 2015; AND DESIGNATING THE MEMBERS OF THE TOWN'S CANVASSING BOARD IN ACCORDANCE WITH SECTION 1.06(7) OF THE TOWN OF HIGHLAND BEACH CHARTER; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Acting Town Clerk Oakes read Resolution No. 15 -001 R into the record stating that there was language to the Resolution that was modified since the publication of the agenda. Acting Town Manager Brown — The Town Charter specifies that the Town's Canvassing Board will be the Supervisor of Election, the Town Clerk or designee and a member of the Town Commission who is not up for re- election at this election. The only two members who are not up for re- election are Mayor Featherman and Commissioner Feldman. The Town Commission would have to appoint one of these two people to the Canvassing Board. Commissioner Feldman accepted the appointment. Consensus was to place this item on the Consent Agenda for February 3`d Town Commission Workshop Minutes January 27, 2015 Page 6 of 1 0 6. NEW BUSINESS A) Review of Water Infrastructure Improvement Program Brochure Acting Town Manager Brown — The Commission requested that a brochure be put together to be sent to the residents of the town. We have had some comments from various Commissioners and will make some adjustments to it. We are also looking for $1,500 to have this brochure printed and mailed to all residents indicating the importance of voting for this. Because it is a town document and town money, we cannot ask them to vote yes. We can only provide them with the information that we have found out to be true and advise them of what is going on. Consensus was to place this item on the Consent Agenda for February 3 rd . B) Review of Resolution No. 14-010 R, Adopted December 2, 2014 Acting Town Manager Brown — A number of Commissioners have expressed their disheartening view of the Resolution that was adopted in December 2014 with the question to go on the ballot; specifically, may the Town levy and pledge ad valorem taxes without limitations as to greater amount. You were given three revisions of this question: "A ", `B" and "C ". Revision "A" takes out that section and replaces it with "town levy and ad valorem taxes in an amount not to exceed five million dollars." Revision `B" and "C" separates the two questions. It is up to the Commission to decide if they want one question or two separate questions; one for the water infrastructure improvements and one for the construction and installation of a Lime /Slurry Carbon Dioxide System. Board Discussion: Comm. Zelniker — I think it would be easier for people to read it as one and am in favor of one question. This project should be done at one time and done correctly. Comm. Feldman — I am in favor of one question. Comm. Stern — We should word this very carefully and make it one question without confusing the public. Vice Mayor Brown — I would like to see two questions since I don't feel these two projects are dependent upon each other. They should be simple and explained correctly to the residents. This item will be placed under Old Business on the agenda for February 3ra Town Commission Workshop Minutes January 27, 2015 Paze 7 of 10 C) Commission to Schedule a Special Meeting to Canvass Results of March 10, 2015 Election and Certify Results Acting Town Manager Brown — After the election we have to accept the results from the Supervisor of Election and if there is any change in the members of the Board, they would be sworn in at that time. We are asking for Thursday, March 12 at 10:30 AM. Consensus was to place this item on the Consent Agenda for February 3 rd . D) Salary Adjustment for Acting Town Manager Acting Town Manager Brown — I was appointed acting Town Manager at the last meeting. Under our Personnel Rules and Regulations, when an employee is temporarily required to serve and accept the responsibility for work in a more responsible position with a higher pay range, such employee may receive the entrance rate of that position or could be advanced in a higher pay range to a level above his rate, whichever is higher. I presently make $91,780 and the former Town Manager had made $140,000. Therefore, somewhere between those two numbers my salary should be adjusted. Board Discussion: Comm. Zelniker deferred this to the other Commissioners. Comm. Feldman felt a fair amount of money would be $115,000, but would like to add $600 monthly for the use of her car as we did the other Manager. Comm. Stern asked how Comm. Feldman arrived at $115,000. Comm. Feldman stated that it was more of an in between figure. Comm. Stern felt it was a fair number. Vice Mayor Brown felt she should be given the amount that the previous Town Manager was hired at and recommended a salary of $125,000. Mayor Featherman was in favor of Comm. Feldman's proposal. This item will be placed on the February 3 rd agenda under Old Business. 7. MISCELLANEOUS — ITEMS LEFT OVER A) Minutes: November 25, 2014 — Workshop Meeting December 2, 2014 — Regular Meeting No errors or corrections received. Consensus was to place this item on the February 6 Consent Agenda. Town Commission Workshop Minutes January 27, 2015 Pag 8 of 10 8. REPORTS — TOWN COMMISSION: A) Commissioner Rhoda Zelniker — I am happy to represent the residents of our community and have reviewed the Commissioner Handbooks and all the Codes. I am continuing to work on the Welcome Package with Carol Stern and Assistant to the Town Manager Zoie Burgess. When this is completed it will be submitted to the Commission for approval for the expense of printing it. B) Commissioner Carl Feldman — Regarding the Water Infrastructure and Improvement Project. This is not a choice of whether we do or we don't. We have to do it. It has to be presented to our residents in a way that they can understand the benefits that they will all receive and that it is a matter of health and safety. C) Commissioner Louis Stern — On the next agenda, I would like to place the expenditure necessary to create the Civility Plaque Pledge in memory of our former Commissioner Dennis Sheridan. I would also like to discuss the possibility of the family contributing some dollars towards having a plaque placed in the Library when we enclose one of the porches. We need to discuss what process we might follow to create a foundation or a fund necessary to honor Dennis Sheridan. D) Vice Mayor Ron Brown — I would like to know if we are going to start a search for a Town Manager. Regarding the Welcome Packet, I believe there are many Homeowner's and Condo Associations that welcome their own members when they join the association and provide them with all the information about Highland Beach. I am not sure we need to duplicate this. E) Mayor Bernard Featherman — I believe we should hold off any searches until after the election so we are not under a tremendous amount of pressure. The Acting Town Manager and Acting Town Clerk are doing a fine job at this time. I understand there have been people applying to our Public Works Director for volunteer work. PWD Soper — There was a person interested in looking to see if there was any grant money for the water quality infrastructure. Finance Director Curtis and I checked DEP and EPA to see if there was any grant funding opportunities for the town, but could not find any. This person is an experienced Grant Writer and I encouraged her to look wherever she can and gave her some more contacts. She will get back to us to see if there are any grant opportunities that we qualify for. 9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: Town Attorney Brian Shutt had no report. Town Commission Workshop Minutes January 27, 2015 Page 9 of 10 10. REPORTS — ACTING TOWN MANAGER BEVERLY BROWN: The qualifying period for candidates for this March election started today and ends at noon on February 10 On March 2 nd the League of Women Voters will be having a candidate's night which is run by the League of Women Voters and not anyone from the town. We have had public comments regarding the audio on our programming. Zoie Burgess, Assistant to the Town Manager has been in touch with Comcast and they have temporarily fixed the problem. However, they are looking to see what the full time problem is. Saturday and Sunday, February 7 and 8 is the Fifth Annual Dolphin Cycling Challenge and we ask that the residents, for safety reasons, allow the bicyclists come through the town. The Public Works Department has looked into purchasing a system that can detect abnormal water consumption. The Commission put $55,000 into our budget last year, but the Public Works Director investigated a number of systems and found one that he felt would do the job for $7,500, which is a very large savings. A resident complained about parking at Spanish River Park at $18 a day. I contacted Boca and they are reviewing whether they will come up with an agreement that we could start using the park for free. They did inform us that County residents, for a $55 permit, can park at South Beach Park on a daily basis. 11. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING ONLY: Peter Rodis, 3224 S. Ocean Blvd — Congratulations to Rhoda Zelniker on her appointment as Commissioner. I would like to commend our Public Works Director on his fine presentation. Our prior Town Manager had no ending date on her contract. I think anyone appointed should have a start date and an ending date. This is something that should be looked into very carefully. Bill Weitz, 1135 Boca Cove Lane — We must have a contractual relationship with Comcast. If they haven't been providing services or are unable to repair and fix the service we are due, then we should get some commensurate satisfaction either in terms of some rebate or reduction of fees. Regarding the referendum, if you put "no new taxes and the benefits" it will pass. The benefits to the town were presented today in a very clear, precise and convincing manner. Carl Gehman, Highland Beach Drive — I want to commend the Commission for doing such a great job. 12. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 2:58 PM upon a MOTION by Commissioner Stern and seconded by Commissioner Feldman. 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