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2015.02.03_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, February 3, 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 Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Acting Town Manager Beverly Brown; 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 Acting 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 REOUESTS: Bill Weitz, 1135 Boca Cove Lane — At the last meeting, there was a discussion regarding the consideration of hiring a new Town Manager. The Town has been through a great deal of chaos and turmoil over the last few months, and I believe that reasonable and constructive decisions do not come best in times of stress or crisis. I would support the feelings of some of the Commissioners in taking no action to move ahead with the hiring of a Town Manager until after the election takes place. The Town is functioning well and the people occupying these positions are knowledgeable and experienced. 3. PRESENTATIONS: No presentations were made. Town Commission Regular Meeting Minutes Tuesday, February 3, 2015 Page 2 of 11 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Acting Town Clerk Oakes read the report into the record. C) Board Vacancies: • Board of Adjustment & Appeals — One Three -Year Term D) Monthly Board Meetings • Qualifying ends at Noon on February 10 • Planning Board — February 18 — 9:30 AM • Town Commission Workshop Meeting — February 24 — 1:30 PM • Boards Luncheon — February 25 at Noon • Town Hall Closed: February 16 — President's Day 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 15-0010 — l READING 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 AMD 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. Acting Town Clerk Oakes read Ordinance No. 15-0010 into the record. Acting Town Manager Brown — Public Works Director Ed Soper provided a presentation on the adjustment to the Comprehensive Plan, which is part of the water supply plan that needs to be updated. Southwest Florida Water Management District has done theirs, and we have to do ours in coordination with them. Commission Discussion: Commissioner Zelniker — Public Works Director Ed Soper made everything clear and precise and we understand that we have to do this. Commissioner Feldman — It is understood that the infrastructure water main plan is a health and welfare issue. Is the Lime Slurry /Carbon Dioxide system separate and not tied into the pipes? Public Works Director Ed Soper — Everything is connected. It is all one system. Town Commission Regular Meeting Minutes Tuesday, February 3, 2015 Page 3 of 11 Vice Mayor Brown — On page 59 of the Town Comprehensive Plan, it reads "The Town will make improvements as appropriate and necessary to protect and re- nourish dunes and beach areas, maintain or replace public facilities, and provide improved recreational opportunities." These are private dunes and I do not believe we could do that. Therefore, the verbiage regarding the dunes should be eliminated. P" Soper will amend this. MOTION: Vice Mayor Brown moved to remove the words "renourish dunes" and leave the remaining words as stated. Motion was seconded by Commissioner Stern. ROLL CALL: Vice Mayor Brown - Yes Commissioner Stern - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carried 5 to 0. Town Attorney Torcivia — Policy 1.4.2 of the Comprehensive Plan, reads "The Town's total annual debt service cost in relation to annual revenues, should the Town choose to incur debt for provisions of public facilities, shall not exceed 10 %. Any incurred annual debt service shall first be approved by voter referendum." You are now about to vote on a project that may go over the 10 %, and even though the Comprehensive Plan is not binding, you may want to consider deleting or modifying that. In talking with Finance Director Curtis, this water main improvement project may go over 10 %. You could modify the language and change it to 15 %, or you could say an exception would be if approved by voter referendum. MOTION: Vice Mayor Brown moved to modify Policy 1.4.2 to read "shall not exceed 10% except approved by voter referendum ". Motion was seconded by Commissioner Stern. ROLL CALL: Vice Mayor Brown - Yes Commissioner Stern - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carried 5 to 0. MOTION: Commissioner Stern moved to accept Ordinance No. 15 -001 O on First Reading. Motion was seconded by Vice Mayor Brown. _ Town Commission Regular Meeting Minutes Tuesday, February 3, 2015 Page 4 of 11 ROLL CALL: Commissioner Stern - Yes Vice Mayor Brown - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carries 5 to 0. Acting Town Clerk Oakes read the following three options being presented to the Town Commission regarding referendum question language. B) RESOLUTION NO. 15 -_R OPTION "A" i A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION REGARDING THR PROPOSED CONSTRUCTION OF WATER INFRASTRUCTURE IMPROVEMENTS CONSISTING OF THE REPLACING OF WATER MAINS AND ASSOCIATED EQUIPMENT, INSTALLATION OF A LIME SLURRY /CARBON DIOXIDE SYSTEM AT THE WATER TREATMENT PLANT AND PLEDGING OF AD VALOREM TAXES TO FUND THE PROJECT. C) RESOLUTION NO. 15 -_R OPTION -B • RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CALLING FOR • SPECIAL ELECTION REGARDING THE PROPOSED CONSTRUCTION OF WATER INFRASTRUCTURE IMPROVEMENTS CONSISTING OF THE REPLACING OF WATER MAINS AND ASSOCIATED EQUIPMENT AND PLEDGING OF AD VALOREM TAXES TO FUND THE PROJECT. D) RESOLUTION NO. 15 -_R OPTION "C" • RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CALLING FOR • SPECIAL ELECTION REGARDING THE PROPOSED CONSTRUCTION AND INSTALLATION OF A LIME SLURRY /CARBON DIOXIDE SYSTEM AT THE WATER TREATMENT PLANT AND PLEDGING AD VALOREM TAXES TO FUND THE PROJECT. Commission Discussion: Comm. Zelniker — I would like to see this in the form of one referendum. I suggest adding the words "property taxes" after ad valorm and "not to exceed $5,000,000.00 with a repayment over the 20 year life of the low interest loan", so people would understand that it will be paid off in 20 years and not right now. Town Commission Regular Meeting Minutes Tuesday, February 3, 2015 Page 5 of 11 Comm. Feldman — I concur that it should be one question. Is the carbon dioxide system was a health and welfare issue for the town? PWD Soper — The water currently meets all State and Federal drinking water standards. It will improve the taste and quality of the water for the entire town. Comm. Stern — I concur that it should be one question on the ballot. Vice Mayor Brown — I agree with having one question on the ballot, but am not in favor of the additional verbiage Comm. Zelniker suggested. The pamphlet that will be sent out to the residents will explain exactly what will be done and how it will be financed. The question should be made as simple as possible. Mayor Featherman — I am in favor of approving the two projects but believe they should be presented separately. Acting Town Manager Brown — If we separate the two questions, and the carbon dioxide gets approved and the water main does not, we are not sure if we can borrow the money from the State for just the carbon dioxide system. Mayor Featherman — Can the $3,500,000.00 in reserves from the sale of the surplus property be used for the project if one fails and the other passes? Acting Town Manager Brown — The question reads pledging ad valorem taxes and if approved, it will say that we will increase the ad valorem taxes to pay for it. We would have to change it to say we will use our reserves to pay for it. Comm. Zelniker — It should be done in one referendum for the health and wellbeing of the community. In response to the Vice Mayor's comment, some people will not read the flyer that will be sent out. If it is clear and precise in the referendum question that will be placed on the ballot, it will be better for the residents to understand what they are voting for. Comm. Feldman — In response to the Mayor's suggestion, it would be better to keep the money in the reserves. Comm. Stern — I agree with Commissioners Feldman and Zelniker. Vice Mayor Brown — I am in favor of one question so we can get the funding for both projects. A referendum will still be needed if we have to fund it because the cost exceeds $350,000.00. Mayor Featherman — Again, I am in favor of two questions. MOTION: Vice Mayor Brown moved to approve Resolution No. 15_0 "Option A" with the amended wording presented by Commissioner Zelniker, adding in that it is a 20 year loan. Motion was seconded by Commissioner Stern Town Attorney Torcivia — I suggest that the words "low interest loan" be more specific such as "less than two (2) percent ". Fin. Dir. Curtis — I do not feel those words should be added since the rate adjusts on a quarterly basis and is tied to the markets. The current rate is 1.31% and will Town Commission Regular Meeting Minutes Tuesday, February 3, 2015 Pate 6 of 11 change again in April. After further discussion, it was agreed that the verbiage would remain "low interest loan". ROLL CALL: Vice Mayor Brown - Yes Commissioner Stern - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - No Motion carried 4 to 1. 6. CONSENT AGENDA: Acting Town Clerk Oakes read the Consent Agenda into the record: A) Re- Appointment of David Buchsbaum to the Financial Advisory Board for a three -year term ending January 2018. B) RESOLUTION NO. 15 -001 R 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 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. C) Designation of Commissioner Carl Feldman (whose seat is not scheduled to be voted upon) to serve on the Town's Canvassing Board for the calendar year 2015. D) Commission to authorize the expense of $1,500.00 for the mailing of the Water Infrastructure Improvement Program/Referendum Question Brochure expensed from Reserve for Contingency Account #001 - 590.000 - 599.000. E) Commission to schedule a Special Meeting to Canvas Results of March 10, 2015 Election and certify results. F) Minutes: • November 25, 2014 — Workshop Meeting • December 25, 2014 — Regular Meeting MOTION: Vice Mayor Brown moved to accept the Consent Agenda as read. Commissioner Feldman seconded the motion which passed unanimously. Town Commission Regular Meeting Minutes _ Tuesday, February 3, 2015 Page 7 of 11 7. NEW BUSINESS: A) Discussion of Dedication for Dennis Sheridan and the Creation of a Fund. Commissioner Stern — Met with Library Director Mari Suarez to discuss the possibility of putting a plaque in the memory of Dennis Sheridan at the Library when we enclose one of the terraces. She was in favor of this, but indicated that we cannot count on the Friends of the Library for any funds because they are doing their own fundraising, so she does not see a fund raiser per se coming through the Library whatsoever. Library Director Suarez would be very comfortable if we could get a donation for the plaque of a minimum of $5,000.00, if we could get $10,000.00 it would be even greater, and I have approached the family and am awaiting an answer. Comm. Zelniker — Will you be doing this in addition to the Civility Pledge Plaque to be placed in the Commission Chambers? Comm. Stern — This will be an additional item since he was very close with the Library as well. Comm. Zelniker — I am in favor of this item. Comm. Feldman — Would this eliminate the fundraiser? Comm. Stern — It would be a wonderful idea if we could put one together, but can only guarantee a gift from the family. If $5,000.00 or $10,000.00 is sufficient for a plaque, then we should do it. Vice Mayor Brown — Did you speak with Barbara Sheridan and is she willing to come up with the $10,000.00? Comm. Stern — I spoke with Barbara. Sheridan and Dennis Sheridan, Jr. and they are willing to come up with some dollars. Vice Mayor Brown — I am in favor of the dedication plaque to be placed on the wall here in the Chambers and do not feel it necessary to also do something in the Library. However, I am willing to go along with the Commission. Consensus was to place this item under Miscellaneous - Items Left Over on the agenda for February 24, 2015 for further discussion. 8. MISCELLANEOUS — ITEMS LEFT OVER: A) Beaches & Shores Advisory Board — Appointment effective immediately. Anne Gehman, 1123 Highland Beach Drive Edward Neitich, 4740 S. Ocean Blvd. Lynn Rodis, 3224 S. Ocean Blvd. Acting Town Manager informed the Commission that Edward Neidich had withdrawn his application for appointment on the Beaches & Shores Advisory Board. Mr. Neidich has just learned of an opening on the Board of Adjustment & Appeals and would like to apply for that position. At this time, there is one vacancy on the Beaches & Shores Advisory Board and come March I st there will be a second vacancy. The Commission can appoint one person effectively immediately and one person effective March I st Town Commission Regular Meeting Minutes Tuesday, February 3, 2015 Page 8 of 11 MOTION: Commissioner Feldman moved to appoint Anne Gehman for the immediate vacancy and appoint Lynn Rodis effective March 1 Motion was seconded by Commissioner Stern ROLL CALL: Commissioner Feldman - Yes Commissioner Stern - Yes Commissioner Zelniker - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion carried 5 to 0. B) Review of Water Infrastructure Improvement Program Brochure. Acting Town Manager Brown — We have incorporated some of the comments you have given us to be included in the brochure, and tried to keep this as simple as possible, so people will read it when they receive it. The approved referendum language will be added. We will also include the comments I received prior to this meeting by Vice Mayor Brown. Comm. Stern — I request that the words "under two (2) percent' after low interest loan be removed. Acting Town Manager Brown — The brochures will be mailed out the last week in February. MOTION: Commissioner Feldman moved to approve the brochure as amended. 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 carried 5 to 0. C) Review of Resolution No. 14 -010 R, adopted December 2, 2014. Acting Town Manager Brown — The Commission approved a Resolution in December of 2014 giving the question for the ballot, which we have now amended. This Resolution needs to be repealed since we have a new Resolution which was adopted today. MOTION: Commissioner Feldman moved to repeal Resolution No. 14 -010 R. Motion was seconded by Vice Mayor Brown Town Commission Regular Meeting Minutes Tuesday, February 3, 2015 Page 9 of 11 ROLL CALL: Commissioner Feldman - Yes Vice Mayor Brown - Yes Commissioner Zelniker - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion carried 5 to 0. D) Salary Adjustment for Acting Town Manager. Acting Town Manager Brown — Last week we discussed a salary adjustment under our Personnel Rules and Regulations for an employee who assumes a position longer than 30 days. There was no consensus at that time and needs to be discussed again. Comm. Feldman — I suggest that the salary for the Acting Town Manager be adjusted to $115,000.00 plus a stipend of $600 a month for her vehicle. Comm. Stern — I concur with Comm. Feldman's suggestion, and per m i gg � P Y conversation with the Acting Town Manager, she is comfortable with this decision. Vice Mayor Brown — I would like to see her salary raised to $125,000, which was the starting salary for the previous Town Manager. Mayor Featherman — Concur with Comm. Feldman's suggestion. MOTION: Commissioner Feldman moved to adjust the Acting Town Manager's salary to $115,000 plus a stipend of $600 for the vehicle effective January 7 Motion was seconded by Commissioner Zelniker. ROLL CALL Commissioner Feldman - Yes Commissioner Zelniker - Yes Commissioner Stern - Yes Vice Mayor Brown - No Mayor Featherman - Yes Motion carried 4 to 1. Town Commission Regular Meeting Minutes Tuesday, February 3, 2015 Page 10 of It 9. REPORTS — TOWN COMMISSION: A) Commissioner Rhoda Zelniker — Congratulations to Anne and Lynn; I know you will enjoy being a member of the Beaches & Shores Advisory Board. B) Commissioner Carl Feldman — I have been contacted by Comcast regarding the situation on Channel 99 of not having any sound. The Town Manager and Zoie Burgess have been working on this and Comcast cannot come up with a solution to the problem. I am asking the Town Attorney if there is a way we can pressure them to cut the fees since we are not getting the service. Town Attorney Torcivia will look into this. C) Commissioner Louis Stern — No report. D) Vice Mayor Brown — No report. E) Mayor Bernard Featherman — I was invited, along with Acting Town Manager Beverly Brown, to Palm Beach County Commissioner Abrams' office to discuss issues affecting our community and the other twelve municipalities in District 4. We were unsuccessful in getting an answer regarding re- nourishment of our beaches since they are privately owned. We did learn from other leaders in Palm Beach County as to how we may secure funding for our town. 10. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: Town Attorney Torcivia had no report. 11. REPORTS — ACTING TOWN MANAGER BEVERLY BROWN: Comcast provides the town with a public educational and governmental access channel at no charge. It is a provision in the State Statutes which states that "the usage of one public access channel shall be determined by a majority of all the providers and subscribers in the jurisdiction." In our case, it is Comcast. They are doing their best to correct this issue, and the Town is doing its best to cooperate with them. Even though the equipment is ours, we do not pay for the casting of it. Comm. Feldman — Why were we receiving it before? Was it something we did when we changed the system? Actin Town Manager Brown — It is not something we did. It is because some people installed new cable boxes and some did not. Public Works Director Soper and I reviewed the status on all the benches on the walking path including the trash receptacles and he is looking into getting three quotes so we could replace most of them. We would like to do it with recycled materials to eliminate the metal corroding with this salt weather. A reminder that on March 2 the League of Women Voters will be holding a session for all the qualified candidates. Town Commission Regular Meeting Minutes Tuesday, February 3, 2015 Page 11 of 11 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING: Anne Gehman, 1123 Highland Beach Drive — Thank you for the opportunity to serve on the Board of Adjustment. Carl Gehman, 1123 Highland Beach Drive — I would like to apply for the position on the Board of Adjustment & Appeals. Harold Hagelmann, Former Mayor of Highland Beach — I am very impressed with the renovations and thank you, Commission, for the fine work. I want to thank everyone for their thoughts and prayers during my time of need. 13. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 2:36 PM. APPROVED: ernard Featherman, Mayor Ron Brown, Vice May t rn ssioner - 4AA- Carl Feldman, Commissioner i 0d Z iss oner ATTEST: Valerie Oakes, CMC Acting Town Clerk Town Clerk Date