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2015.04.07_TC_Minutes_Regular 4 TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, April 7, 2015 1:30 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 William Weitz, Ph.D; 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 called for any additions or deletions to the agenda. Vice Mayor Weitz — Under New Business, would like to add item 7D "Discussion regarding the Library Project ". By consensus, the agenda was accepted as amended. Mayor Featherman recognized Doris Trinley and John Sorrelli; former Commissioners seated in the audience. 2. PUBLIC COMMENTS AND REQUESTS: Jim Jiovanazzo, 3700 S. Ocean Blvd — I am aware that our beaches are private, but I feel the Town should put up some type of signs indicating beach and water conditions for our residents. One sign in each turtle zone would be sufficient, and the town staff could be responsible for posting them. I am requesting that the Town look into this. Town Commission Regular Meeting Minutes Tuesday, April 7, 2015 Page 2 of 12 3. PRESENTATIONS: • 2014 Audit and Comprehensive Annual Financial Report By: Ron Bennett of Nowlen, Holt & Mine, P.A. Ron Bennett — I would like to commend the management staff and Finance Director Cale Curtis on doing an excellent job this year. Every year the Town applies for a Certificate of Excellence in Financial Reporting from the Government Finance Officers Association, and I am confident they will receive it again this year. As Auditors, we only render an opinion on the financial statements provided by the Town. The Florida Audit General has issued another requirement to the audit this year. The following reports were prepared for the Town: • In�ndent Auditors Report — An opinion on the financial statements. • Internal Control & Compliance — In the State of Florida, all governmental audits are required to be done in accordance with governmental auditing standards. We do not render an opinion in this report; we only gather an understanding. • Management Letter — This is required of all municipal audits by the Florida Auditor General. • In�ndent Accountant's Report — Complies with Section Florida Statutes 218.415 that governs the allowable types of investments for a municipality. Mr. Bennett provided a presentation on the Town of Highland Beach Financial Highlights for the Year Ended September 30, 2014 (attached as Exhibit "A "). Commission Discussion: Commissioner Zelniker — I reviewed the Comprehensive Financial Annual Report with Finance Director Curtis. On Page 31, there is a Cultural Society Fund and I was under the impression that it no longer exists. Fin. Dir. Curtis — Several years ago the Town had a Cultural Advisory Board that solicited donations to bring in funds to spend on cultural activities in the town. They were sunsetted, and over the years we have taken money from that fund and used it towards some of the events we have put on such as Light up the Holidays. What is listed here is basically the balance in that fund, which is about $1,500. Comm. Zelniker — My suggestion is we take that money and transfer it to another fund, if it is legal. Town Attorney Torcivia — I would leave it up to Fin. Dir. Curtis and the auditor as to how they would classify that. Ron Bennett — You have two options: 1) as it is restricted for the purpose of cultural activities, you could use the money on the next cultural activity and the fund would close automatically; or 2) transfer the funds to the General Fund but still show it as restricted funds. I would suggest doing that if it has not been spent by the end of the year. Commissioner Feldman — If we use this money and the balance is zero, do we have to fund it again? Ron Bennett — No you do not. Comm. Feldman — On Page 83, you have population of 3,581 in 2014 and in 2005 we have 4,157. Does this mean it is not an accurate account of the population? Fin. Dir. Curtis — It is as accurate as reported by the Bureau of Economic and Business Research conducted by the University of Florida study. Commissioner Stern — In speaking with Fin. Dir. Curtis, he feels that possibly we should remove the date of September 30 and have a title page just with the current Commissioners. Ron Bennett — Town Commission Regular Meeting Minutes Tuesday, April 7, 2015 Page 3 of 12 We will edit this page for you. Comm. Stern — Do you think, when we do our budget for next year, we should be considering a rate increase for our Water Department? Ron Bennett — I would recommend you have a rate study conducted, which is not very costly. This is a policy decision, and eventually you will have to replace the Water Plant or seriously upgrade it. The question is do you have the residents pay a portion of it now, or the people who live here thirty years from now pay all of it. You are not basically funding any of that cost. Your cash reserves are not going to go up if you maintain that same rate structure. Comm. Stem —Mr. Bennett, you did an exceptional job. Vice Mayor Weitz — I would also like to thank Fin. Dir. Curtis and Mr. Bennett for doing such an excellent job. It is our responsibility to look out for the best interest of our town. I believe it is incumbent upon us to look at your suggestions in terms of coming up with a realistic way of safeguarding this town for the future. We need to take a good look at doing something so we are not just breaking even now. Mayor Featherman — I thank Mr. Bennett for a great presentation as well as Fin. Dir. Curtis for his fine work. 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: • None D) Monthly Board Meetings • Code Enforcement Board— April 15 9:30 AM • Town Commission Workshop — April 28 —1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 15 -002 O — 2 nd READING AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 7 - ELECTIONS", SECTIONS 7 -7 " PROCEDURE FOR HOLDING ELECTION ", 7 -8 " OPENING AND CLOSING OF POLLS; CANVASS OF RETURNS" AND 7 -9 " DECLARATION OF ELECTION" TO REMOVE LANGUAGE IN CONFLICT WITH THE TOWN CHARTER SECTION 1.06 - TOWN COMMISSION CREATED; ELECTION; TERMS; TOWN CLERK; QUALIFICATIONS OF ELECTORS; GENERAL ELECTION LAW "; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Acting Town Clerk Oakes read Ordinance No. 15 -002 O into the record. Mayor Featherman opened the Public Hearing. Town Commission Regular Meeting Minutes Tuesday, April 7, 2015 Page 4 of 12 Hearing no comments from the public, Mayor Featherman closed the Public Hearing. MOTION: Commissioner Stem moved to adopt Ordinance No. 15 -002 O on the second reading. Motion was seconded by Commissioner Feldman. ROLL CALL: Commissioner Stem - Yes Commissioner Feldman - Yes Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. B) ORDINANCE NO. 15 -003 O —1 READING AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING CHAPTER 23, "SIGNS AND ADVERTISING," OF THE TOWN CODE OF ORDINANCES, BY AMENDING SECTION 23 -3, "PERMIT - REQUIRED; APPLICATION; WAIVER", TO CLARIFY THE APPEAL PROCESS; SECTION 23 -5, "PERMITTED SIGNS ", SUBSECTION (C)(2), "TEMPORARY NON - COMMERCIAL SIGNS ", TO CLARIFY THE RESTRICTIONS GOVERNING POLITICAL SIGNS; SECTION 23 -8, "APPEALS ", TO CLARIFY THE APPEAL PROCESS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Acting Town Clerk Oakes read Ordinance No. 15 -003 O into the record. No discussion or comments were received by the Commission. MOTION: Commissioner Zelniker moved to accept Ordinance No. 15 -003 O on first reading. Motion was seconded by Vice Mayor Weitz ROLL CALL: Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Commissioner Stern - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carried 5 to 0. Town Commission Regular Meeting Minutes Tuesday, April 7, 2015 Page 5 of 12 C) ORDINANCE NO. 15 -004 O — 1st READING AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 18, "OFFENSES AND MISCELLANEOUS PROVISIONS', BY PROVIDING THE CURRENT SECTIONS OF CHAPTER 18 SHALL BE INSERTED UNDER ARTICLE II, "SEXUAL PREDATORS/SEXUAL OFFENDERS" TO PROVIDE FOR RESIDENCY/RESTRICTIONS FOR SEXUAL PREDATORS AND SEXUAL OFFENDERS; PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION AND FOR AN EFFECTIVE DATE. Acting Town Clerk Oakes read Ordinance No. 15 -004 O into the record. Commission Discussion: Comm. Zelniker — This is a very important ordinance to protect our children. Comm. Feldman — Does this clarify the matter that was brought up? Town Attorney Torcivia — Yes it does. Vice Mayor Weitz and Comm. Stern had no additional comments. Mayor Featherman — I serve on the Commission for the Palm Beach County Criminal Justice Administration Board on this specific subject and have no additional comments. MOTION: Commissioner Feldman moved to accept Ordinance No. 15 -004 O on first reading. Motion was seconded by Commissioner Stern. ROLL CALL: Commissioner Feldman - Yes Commissioner Stern - Yes Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. Town Commission Regular Meeting Minutes Tuesday, April 7, 2015 Page 6 of 12 6. CONSENT AGENDA: Acting Town Clerk Oakes read the Consent Agenda into the record: A) License Plate Recognition Cameras — Approve the Waiver of the Policy and enter into an agreement with NDI Recognition Systems. B) Authorization to Opt -out from Community Rating System. C) Appointment of Beverly Brown to the Office of Town Manager. D) Appointment of Valerie Oakes to the Office of Town Clerk. E) Minutes: • February 3, 2015 — Regular Meeting • February 24, 2015 — Workshop Meeting • March 3, 2015 — Regular Meeting • March 12, 2015 — Special Meeting By consensus, the Consent Agenda was accepted as presented. 7. NEW BUSINESS: A) Authorization for the Mayor to sign an Employment Agreement with Beverly Brown. Town Attorney Torcivia — In accordance with the Commission's direction, I have prepared an Employment Agreement with Beverly Brown. Commission Discussion: Comm. Zelniker had no comments. Comm. Feldman — I am very happy with this contract. It favors the Town and protects the employee. We have a huge talent bank in this town and should use it going forward. Comm. Stern — I am in total agreement with Comm. Feldman. It is a good contract for both. Vice Mayor Weitz — Congratulations to our new Town Manager Beverly Brown and Town Clerk Valerie Oakes. This contract is fair to the employee and also fair to the Town. I am looking forward to working with the new Town Manager and Town Clerk. Mayor Featherman — I am in agreement with my fellow Commissioners. Town Commission Regular Meeting Minutes Tuesday, April 7, 2015 Page 7 of 12 MOTION: Vice Mayor Weitz moved to have the Mayor sign an Employment Agreement with Beverly Brown. Motion was seconded by Commissioner Stern, which passed unanimously. B) Town Attorney Administers Oath of Office. Town Attorney Torcivia administered the Oath of Office to Town Manager Beverly Brown and Town Clerk Valerie Oakes. Town Manager Brown thanked the Commission for having faith in her and promoting her from within the employment of the Town of Highland Beach, and thanked her fellow Clerks for attending. Town Clerk Oakes thanked the Mayor, Vice Mayor, Commissioners and Town Manager for their confidence in her abilities, and is looking forward to a long career in Highland Beach. C) Discussion on Replacement of Town Hall Plaque. Town Manager Brown — At last week's meeting, we discussed changing the plaque outside of the new Commission Chambers to a bronze plaque; one was $1,572 and the other $1,600. I would like to suggest that we use the money in the Cultural Society Board fund toward the signage. Comm. Zelniker — I am in favor of using that money towards the bronze plaque. However, the original plaque has the names of the Commissioners, Town Manager, Contractor and Architect on it. I feel the plaque should only contain the names of the Commissioners. Comm. Feldman — This is a very important plaque. I feel we should take this plaque, dedicate it to the memory of Dennis Sheridan for the work he did on the renovations of the Town Hall and Police Department, and not put up anything else in town. This should be in his honor with the names of the five sitting Commissioners at the time of the construction. Comm. Stern — I think it is a wonderful idea to put a bronze plaque outside, dedicated in his memory for the whole project because he was very involved in this project and many other things around town. Vice Mayor Weitz — I am in favor of this suggestion. The late Commissioner Dennis Sheridan deserves recognition, and it will have a permanent place in the history of this Town. I am also recommending that only elected officials be on the plaque. Mayor Featherman — I am in agreement with my fellow Commissioners. Commissioner Sheridan gave his heart and soul to making sure things were done for our Town. Town Commission Regular Meeting Minutes Tuesday, April 7, 2015 Page 8 of 12 MOTION: Commissioner Stern moved to approve the replacement plaque, as so described, with dedication to Dennis Sheridan and only the Commissioners' name on it. Motion was seconded by Commissioner Feldman, which passed unanimously. D) Discussion on Library Terrace Enclosure Project. Vice Mayor Weitz — I understand that the issue of the Library renovation has been ongoing for a couple of years. I want to go on record that I support the Library, contribute to the Library, and it is a cornerstone of our community. When I ran for office, one of the residents' concerns was the plans to renovate the Library and dismantle the Florida rooms, which were the cornerstone of the design of our Library. I had no response to them at the time. In the community where I reside, there is only one enclosed porch out of 79 units. The reason being people like the air, the climate, the fresh air and sunshine. I reviewed all the documentation on this project, and I am not criticizing the Commission in any way as to previous decisions that were made or votes that were taken. In March of 2013, Library Director Suarez sent a memo to Town Manager Weiser asking for a potential enclosure of the two Florida rooms to make them into meeting rooms. At the Workshop Meeting in March of 2013, the Friends of the Library presented the information indicating that they would provide $75,000 and the Town would provide $75,000. They stated that there was an outpouring of support for this change. As a resident of this Town, I never received a straw vote to see if I was in favor of this project. I am a Friend of the Library, and they did not solicit from their membership if we would be for or against it. There has never been any data presented to this Commission, or this town, that there is a massive outpouring of need for enclosing he Library. The are saying g racy y y g that the reason for this project is to accommodate the overflow for their programs. We also have no data that shows how many programs offered by our Library have an overflow requiring ways to accommodate those who can't get in. After several more meetings, our Finance Director Curtis suggested we budget $150,000 for this project in case the Friends of the Library came up short. All of a sudden the Town is now responsible for the $150,000. What are we getting for our money? We are taking two beautiful Florida rooms and getting two home theaters, which can only accommodate fifty people. People can do this at home since the programs are televised. I attended the Friends of the Library business meeting and they specifically stated that they do not ask their members to vote on anything. It is mandated that they do. Is the operational functioning of the Friends of the Library, with no punitive intent on my part just simply to protect this Town, meeting the requirements of a non - profit? I suggest to my fellow Commissioners that there is no basis to approving, or continuing to approve, the project to enclose these two beautiful rooms until we at least get clarification data, or a sense from the town that they even want it. I would like this to be further thought about and to take my remarks in their intent. I am a Commissioner now and want to provide good solid reasoning to this town. Public Comments: Carl Gehman, 1123 Highland Beach Dr . — I think the Library is beautiful, the people are wonderful and the openness is great. If you are thinking about doing the pathway, it is a great idea. Town Commission Regular Meeting Minutes Tuesday, April 7, 2015 Page 9 of 12 Commission Discussion: Comm. Zelniker — This is a very touchy topic in the town. I would like to have a motion to proceed with some of the items that were said by Vice Mayor Weitz. The previous Commissioners did vote for this and I feel we have to consider that, but we do need to get the facts. The Library belongs to the people of Highland Beach and we should have a survey to see how our residents feel about this. Perhaps we could consider having a screen where you can open it and it would serve both purposes. I personally like the open air feeling. Comm. Stern — I have heard several comments, pros and cons, as to the use of the terraces. If those rooms are not getting the use as they should, maybe it would give them the additional rooms they are asking for. If it does benefit the use of the Library to a better extent, I would support it. I do believe we need a bit more data, do an investigation and rethink it. Comm. Feldman — This has been discussed many times, gone out for quotes, had many meetings and three or four different processes to do this. I can't see stopping the process now. The rooms will be used more because, during the warm season, they can't be used. In all of the meetings we had on this project, I have not heard anyone say no to this project. The Town has put many hours into this project and spent a great deal of money on attorney fees. These are not things we suddenly change unless there is something wrong with it, and I don't see anything wrong with it. The Friends of the Library are doing a great job putting on different shows, programs and activities. I don't feel we should stop the process at this time. Mayor Featherman — I support the Library and am a contributor, but believe this should be investigated a little further. Comm. Feldman — The Friends of the Library did not approve this project, nor did they bring up the proposal for the Library. The Town Attorney, Public Works Director and employees of this Town did it. They had influence in it and they did make a suggestion on it, but did not do the process. Vice Mayor Weitz — It was originally done by the Library Director, but it was done under the format of an outcry of public need and support. Since there was no survey in terms of the Town or the members of the Friends of the Library, the only additional support that one could suggest would be that this was strongly supported, not initially carried out or initiated, by the Friends of the Library. It was never on the Town's Strategic Plan for consideration. It was put under a Capital Improvement Plan. I agree that most people have not come forward, but it is because they don't know what is happening. We have nothing to lose by assessing the views of our taxpayers. I support the project, but I need data. Comm. Feldman — We have to give some credence to past Commissioners when this was brought forward. It was discussed many times and it was in the budget. I do not think we should stop it or question it; just move forward. Comm. Zelniker — I am in agreement with Comm. Feldman when he said it has been done already. I don't feel we should stop at this point. Could we ask the bidders if they can make the Town Commission Regular Meeting Minutes Tuesday, ADril 7, 2015 Page 10 of 12 enclosures with some type of sliding glass window that can be opened when needed, and make everyone happy? Is it too late to ask for this? Fin. Dir. Curtis — We have received the Request for Proposals and our fee includes a specific scope of services that does not account for sliding glass windows. We would have to add a change order to this, and it would most likely add a cost onto the project. Town Attorney Torcivia — If the Commission would want to have that option of a sliding glass window, you could put an addendum to the Request for Proposals indicating that you would also like an optional proposal for a sliding glass window. Fin. Dir. Curtis — We have received the bids and they have been opened. Town Attorney Torcivia — Then it cannot be done. Vice Mayor Weitz — We could enclose one room and keep the other open. Comm. Stem — I believe we should move forward. Asking for one room with a sliding glass enclosure might add a little cost but not a lot. We could possibly take this into consideration. 8. MISCELLANEOUS — ITEMS LEFT OVER: A) Beaches & Shores Advisory Board — Two Year Unexpired Term ending 12/2015 Talent Bank Interview • Katharina Braun, 2727 S. Ocean Blvd. • Myles Schlam, 3594 S. Ocean Blvd. Town Clerk Oakes — Included in the agenda packet is an appointment ballot with the names of each candidate, select one, then sign and date it. Upon receiving the ballots, Town Clerk Oakes announced that all five ballots were in favor of appointing Katharina Braun. MOTION: Vice Mayor Weitz moved to accept the nomination of Katharina Braun to the Beaches & Shores Advisory Board. Motion was seconded by Commissioner Zelniker, which passed unanimously. 9. REPORTS — TOWN COMMISSION: A) Commissioner Zelniker — No report. B) Commissioner Feldman — I would like to congratulate Fin. Dir. Curtis, Town Attorney Torcivia, Town Manager Brown and Town Clerk Oakes for working so well together in getting the proposals out for the Library enclosures. We had three bids and they came in on time. They were all to budget, or came in under budget. Under the leadership of Town Manager Brown, it will work going forward. C) Commissioner Stern read a newspaper article entitled "Delray Beach Politics to be Basis of Political Drama" (attached as exhibit `B "). D) Vice Mayor William Weitz — The beauty of this Commission is that I totally have nothing but respect for my colleagues and we always have the best interest of the Town. It is a great day i APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Beaches & Shores Advisory Board SELECT ONE: X Katharina Braun ❑ Myles Schlam Signature: V Date: • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Beaches & Shores Advisory Board SELECT ONE: )K Katharina Braun ❑ Myles Schlam Signature: Date: I l • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Beaches & Shores Advisory Board SELECT ONE: �'Katharina Braun ❑ Myles Schlam Signature: Date: J� • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Beaches & Shores Advisory Board SELECT ONE: x Katharina Braun ❑ Myles Schlam Signature. �, (� t. c - k� i Date: • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Beaches & Shores Advisory Board SELECT ONE: )6atharina Braun ❑ Myles Schlam i Signature: (0 1 "i Date: Town Commission Regular Meeting Minutes Tuesday, April 7, 2015 Page 11 of 12 for Highland Beach. We have Beverly Brown and Valerie Oakes taking office and the Commission is working together. E) Mayor Bernard Fearherman — I am proud to serve on this Commission and in our community. I would like to compliment all our Commissioners for doing such a wonderful job here in Highland Beach. Coffee with the Mayor is on Monday, April 13' at 9:30 AM in the Library. 10. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: Congratulations to both Beverly and Valerie. It is a pleasure to work with both of them. 11. REPORTS — TOWN MANAGER BEVERLY BROWN: At the last meeting, Peter Rodis mentioned that one of the benches in front of Seagate was falling apart. Public Works Director Soper has replaced it with one of the new benches. Former Mayor Betty Jean Stewart's husband asked what happened to the signage that previously used to be in the lobby. I have made arrangements with Bill Moore to hang them up again. We have picked the date of Friday, May 1 St for our employee picnic. I would like to thank Jerry Williams who is doing the broadcast for us today. Once again, I would like to thank the Commission for having faith in me and appointing me as Town Manager. This is a unique place to work, and there is a great deal of communication going on between the Commission, the employees and the residents. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING: Carl Gehman, 1123 Highland Beach Dr . — Congratulations to Beverly Brown and Valerie Oakes. I think that the suggestion of having one room open and one closed at the Library is a good idea. 13. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Regular Meeting at 3:25 PM. MOTION: Commissioner Stern moved to adjourn the regular meeting at 3:25 PM. Motion was seconded by Vice Mayor Weitz which passed unanimously a Town Commission Regular Meeting Minutes Tuesday, April 7, 2015 Page 12 of 12 APPROVED: Bernard Featherman, Mayor William Weitz, Vice Mayor o issioner Car Fel Commissioner o a Zelniker, ssioner ATTEST: V &" . Valerie Oakes, CMC Town Clerk Date