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2015.06.02_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, June 2, 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 Carl Feldman; Commissioner Louis P. Stem; and Commissioner Rhoda. Zelniker. Also present: Town Attorney Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Finance Director Cale Curtis; Public Works Director Edward J. Soper; Police Chief Craig Hartmann 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 called for any additions or deletions to the agenda. Commissioner Feldman — Under New Business, I would like to have a discussion regarding increasing the number of Financial Advisory Board members from five to six. By consensus, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REQUESTS: Peter Rodis, 3224 S. Ocean Blvd — I would like to know what the policy is for removing the coconuts from the trees on AlA. There are two trees near 3000 South Ocean Blvd. with many large coconuts on them. Is it the responsibility of the town or the community to remove them? A few weeks ago I asked about the possibility of the Town putting a tennis court on the property adjacent to the Delray Sands parking lot and across from Highland Towers. I spoke with the manager of Highland Towers to see whether or not they would be receptive to the idea. The owners would like to see it remain as is. Town Commission Regular Meeting Minutes Tuesday, June 2, 2015 Page 2 of 10 3. PRESENTATIONS: None. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Town Clerk read the report into the record. C) Board Vacancies: • None D) Monthly Board Meetings • Town Commission Regular Meeting — June 2 nd — 1:30 PM • Beaches & Shores Advisory Board — June 9 th — 9:30 AM • Town Commission Workshop — June 30 — 1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 15-005 O — 2 a READING/PUBLIC HEARING AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING THE CODE OF ORDINANCES, CHAPTER 7 "ELECTIONS", AT SECTION 74 "ELECTION DATES" AND SECTION 7 -5 "QUALIFICATION OF CANDIDATES" DUE TO CONFLICTS WITH THE TOWN CHARTER; AND PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT; CODIFICATION AND AN EFFECTIVE DATE. Town Clerk Oakes read Ordinance 15 -005 O into the record. Mayor Featherman opened the Public Hearing and called for public comments, hearing none, the Public Hearing was closed. No further discussion from the Town Commission. MOTION: Commissioner Stern moved to adopt Ordinance No. 15 -005 O on second reading. Motion was seconded by Commissioner Feldman, ROLL CALL: Commissioner Stern - Yes Commissioner Feldman - Yes Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. Town Commission Regular Meeting Minutes Tuesday, June 2, 2015 Page 3 of 10 B) ORDINANCE NO. 15 -006 O — 2 °d READING/PUBLIC HEARING AN ORDINANCE OF THE TOWN COMMISSION OF THER TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CHARTER, SECTION 1.06 AT THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO AMEND THE DATE OF THER MARCH 2016 MUNICIPAL ELECTION AND ASSOCIATED CANDIDATE QUALIFYING PERIOD TO COINCIDE WITH THE PRESIDENTIAL PRIMARY ELECTION; AND PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION AND AN EFFECTIVE DATE. Town Clerk Oakes read Ordinance No. 15 -006 O into the record. Mayor Featherman opened the Public Hearing and called for public comments, hearing none, the Public Hearing was closed. Town Manager Brown — This ordinance will set the election for March 2016 to a different day to accommodate the Supervisor of Election. This will be for one year only. No further discussion from the Town Commission. MOTION: Vice Mayor Weitz moved to adopt Ordinance No. 15 -006 O on second reading. Motion was seconded by Commissioner Feldman ROLL CALL: Vice Mayor Weitz - Yes Commissioner Feldman - Yes Commissioner Zelniker - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion carried 5 to 0. C) ORDINANCE NO. 15 -007 O — 2 °d READING/PUBLIC HEARING AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH FLORIDA CREATING CHAPTER 33, "ACQUISITION OF GOODS AND SERVICES", TO PROVIDE FOR REQUIREMENTS AND REGULATIONS AS IT RELATES TO THE PURCHASING OF GOODS AND SERVICES; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND FOR AN EFFECTIVE DATE. Town Clerk Oakes read Ordinance No. 15 -007 O into the record. Town Manager Brown — This ordinance sets the requirements and regulations for the purchasing of goods and services including going out to bid, and also the purchasing within the town for the department heads. Town Commission Regular Meeting Minutes Tuesday, June 2. 2015 Paae 4 of 10 Manor Featherman opened the Public Hearing and called for public comments. Peter Rodis, 3224 S. Ocean Blvd. — When does a local resident have the opportunity of purchasing any surplus item? If I wanted to purchase an item, could I buy it before it was put up for sale and how is the sale promoted? Perhaps we could make it available to anyone in the community before it is advertised since it is our tax dollars that bought the items. Finance Director Curtis — Mr. Rodis brings up a good point. However, in the spirit of avoiding any type of favoritism in selling goods to any one person, we have always put it on a local auction website called www.publicspMlus.com We could start putting this on our website when new items go up for sale which would give the Highland Beach residents a heads up. They would still be bidding against anybody that is registered on the website. Mayor Featherman closed the Public Hearing. Commission Discussion: Comm. Zelniker — I want to thank the Financial Advisory Board for their help, and the Town now has a very good policy. Vice Mayor Weitz — There are significant and critical changes in the new Policy compared to the previous one. It specifies things clearly and identifies who is responsible for different levels of functioning at different price levels. I want to complement those who worked on this. Comm. Stem — It is an excellent document and something we certainly can live with. Comm. Feldman — I concur with what has been said and would like to thank Town Attorney Torcivia for his input, and also Town Manager Brown. MOTION: Commissioner Zelniker moved to adopt Ordinance No. 15 -007 O on second reading. Motion was seconded by Vice Mayor Weitz ROLL CALL: Commissioner Zelniker - Yes Commissioner Feldman - Yes Commissioner Stem - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. Town Commission Regular Meeting Minutes Tuesday, June 2, 2015 Page 5 of 10 6. CONSENT AGENDA: Town Clerk Oakes read the Consent Agenda into the record. A) Appointment of George Kelvin to the Code Enforcement Board with a term expiring March 2017. B) Review and Approval of Request for Proposals for the Water Infrastructure Improvement Project. C) Renewal of Employee Health Insurance. D) Minutes: • April 28, 2015 — Workshop Meeting • May 5, 2015 — Regular Meeting MOTION: Commissioner Stern moved to accept the Consent Agenda as presented. Motion was seconded by Commissioner Feldman. ROLL CALL: Commissioner Stem - Yes Commissioner Feldman - Yes Commissioner Zeniker - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. 7. NEW BUSINESS: A) Discussion to increase the number of members on the Financial Advisory Board. Comm. Feldman — A resolution was passed on February 5, 2013 establishing the new Financial Advisory Board. This is a very important Board. We have a resident, Lori Wolin, who has great credentials. She applied for the Code Enforcement Board, but indicated to me that she would like to withdraw her name from that Board and apply to the Financial Advisory Board instead. Comm. Feldman read her credentials into the record, stated that she has served on Town Boards in the past, and is highly qualified to serve on the Financial Advisory Board. He would like to change the number of members on the Financial Advisory Board from five to six to include Lori Wolin. Comm. Zelniker — I am in full agreement with Comm. Feldman. I think it would be advantageous to the town to have someone as knowledgeable as Lori Wolin on the Financial Advisory Board. Town Commission Regular Meeting Minutes Tuesday, June 2, 2015 Page 6 of 10 Comm. Stem — If we are going to make a change, should we be changing it to six or possibly seven. This would give ourselves the opportunity, without going through this again, and maybe find another candidate for the Board. Mayor Featherman — I agree we should have seven in case there is a vote and it is a tie. Comm. Feldman — I have been to every Financial Advisory Board meeting and there was never a time where they had a vote that would be contentious and they needed the odd person. I would still like to see it at six. The requirements for this Board are very in depth. Vice Chair Weitz — I am in favor of Comm. Feldman's suggestion. This Board happens to be an important Board with significant criteria where the person has unusually fine credentials. Mayor Featherman — I am also in favor of this, but am suggesting we make it seven members in case of a tie. Town Attorney Torcivia — If you go to six, you will need a quorum of four. If it is five you will need a quorum of three, and for seven you will need a quorum of four. Mayor Featherman asked if Comm. Feldman would change his motion to seven members. Comm. Feldman stated that he wanted to leave it at six because he felt that would work. MOTION: Commissioner Feldman moved to increase the number of regular members on the Financial Advisory Board from five to six members. Motion was seconded by Commissioner Stem. ROLL CALL: Commissioner Feldman - Yes Commissioner Stem - Yes Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. 8. MISCELLANEOUS — ITEMS LEFT OVER: A) Vacancy on the Code Enforcement Board — Three -Year Term • Carl Gehman, 1123 Highland Beach Dr. • Myles Schlam, 3594 S. Ocean Blvd. • Lori Wolin, 1102 Bel Air Dr. — withdrawn Ballots were passed out to the Town Commission. Upon receiving the ballots, Town Clerk Oakes announced that the vote was unanimous for Carl Gehman. MOTION: Commissioner Feldman moved to appoint Carl Gehman to the Code Enforcement Board for a three -year term. Motion was seconded by Commissioner Stern which passed unanimously. Town Commission Regular Meeting Minutes Tuesday, June 2, 2015 Page 7 of 10 Town Manager Brown asked for a motion to appoint Lori Wolin to the Financial Advisory Board. MOTION: Commissioner Feldman moved to appoint Lori Wolin, Ph.D to the Financial Advisory Board for a three -year term. Motion was seconded by Commissioner Stern. ROLL CALL: Commissioner Feldman - Yes Commissioner Stem - Yes Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. 9. REPORTS — TOWN COMMISSION: A) Commissioner Zelniker — Wherever I have lived, there has always been a street cleaner. Highland Beach does not have a street cleaner. There is a lot of construction and there is always dirt from the sites being brought onto the streets. Who is responsible for keeping the streets clean? Regarding the coconut trees, do they belong to us, the condominium or the State? Public Works Director Soper — The coconut trees throughout the town are in the State's right - of -way, but the Commission passed an ordinance making the abutting property owners responsible for the trimming of the coconuts, other plants and trees in that right -of -way. Comm. Zelniker — Since it is in our ordinance, can we advise the condominiums that they are responsible and should remove the coconuts from the trees? Our Code Enforcement Officer should look into this. Also, do you know anything about the street cleaning? PWD Soper — The construction sites are all permitted by the Florida Department of Transportation (FDOT), and part of the permitting process is that they have to provide cleaning services and sweep up after themselves. Comm. Zelniker — I want to thank you for replacing all our damaged crossing signs. Could you find out if it would be possible to have a street cleaner in our town? PWD Soper — I will try to find out for you. Comm. Zelniker — A few years ago there was talk of having a "think tank" for the environment, the future and our town. There was talk that perhaps the town could purchase land and keep it green. I think it is worth looking into it again. B) Commissioner Feldman — At 3200 S. Ocean Blvd., they are building a large condominium complex and are out there every day cleaning the street as the trucks come and go. We have had some issues on the side streets, but Code Enforcement has taken care of them. The largest number of coconut trees are in front of Seagate and they maintain them. The "think tank" is very interesting because we have a five -year plan and I would consider that a "think tank ". We have very important meetings coming up in the future called the budget calendar. The meetings should be posted on our website and have as many residents come to this as possible. They should ask as many questions as they want, so that afterwards they cannot say this was not a good deal. Town Commission Regular Meeting Minutes Tuesday, June 2, 2015 Page 8 of 10 We are looking forward to the Financial Advisory Board meetings. Fin. Dir. Curtis is putting together a great program. The proposed budget will be posted on the website. Everyone should read it, and if the residents have any questions they can come directly to Fin. Dir. Curtis, Town Manager Brown or any of the Commissioners. C) Commissioner Stern — Congratulations to Carl Gehman on his appointment to the Code Enforcement Board. My wife is home from the hospital and doing well. I would like to thank everyone for all their thoughts and kind wishes. D) Vice Mayor William Weitz. — I would like to thank Town Manager Brown and the department heads for the mid -month memo provided to the Commissioners. It outlines a great deal of important material. I agree with Comm. Feldman. The budget meetings are critical meetings and the residents should look at the budget and attend these meetings. This is a good year to attend. We are looking at things that have been in the budget for a while that may not be in the best interest of the Town. The residents may have some items they are concerned about, and perhaps the Commissioners are also equally concerned about. I also want to thank the Town Manager and Town Clerk for sending Comm. Zelniker and myself to a three day Institute for Elected Municipal Officials. E) Mayor Bernard Featherman — I would like to thank all our Commissioners for the great job they have done. I would like to see the Chairman of each of our Boards attend the Commission meetings each month so they can bring back to their Boards what is going on. I give my best wishes to our retiring Library Director, Mari Suarez and wish her well. 10. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: Town Attorney Torcivia had no report. 11. REPORTS — TOWN MANAGER BEVERLY BROWN: Comm. Zelniker, when you see coconuts on the trees you should go the Code Enforcement Official rather than go directly to the condominium. The benches and the trash cans on the walking path have all been completed and look very nice. We have had a problem with Comcast today and have a call into them to find out what the problem is. Fin. Dir. Curtis has been working on the purchasing policy. It has been going on for over a year, and has taken a great deal of the staff's time. On Monday the new Deputy Town Clerk will start, and her name is Patrice Robinson. She is coming from the Town of West Palm Beach with 13 years' experience. Come in and welcome her to the Town. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING: Peter Rodis, 3224 S. Ocean Blvd — In terms of the coconuts, perhaps some of the condominium owners are not aware that they have the responsibility. When the Code Enforcement Officer goes to these condominiums, they should bring a copy of the ordinance so there is no discussion. Town Clerk Oakes — Whenever a Code Enforcement Officer investigates a potential code violation within Town Commission Regular Meeting Minutes Tuesday, June 2, 2015 Page 9 of 10 the Town, by law, they are required to site such code section and give reasonable time to come into compliance. Carl Gehman, 1123 Highland Beach Dr . — Thank you for your support and appointing me to the Code Enforcement Board. Town Clerk Oakes informed Mr. Gehman that she will have a meeting with him to go over his responsibilities as a member of the Board. Myles Schlam, 3600 S. Ocean Blvd — I would like to congratulate Carl Gehman on his appointment. I would also like to know why the Financial Advisory Board is the only Board you chose to add a member to. I think it should be for all the Boards. Comm. Stem — We have tried over and over again to get people to join our Boards. The previous Mayor sunsetted three of our Boards because we did not have enough members. We are now in a very unusual situation where people are finally coming forward and who want to be part of it. We thank you, and one day you will find a Board with US. George Kelvin, 4740 S. Ocean Blvd. — Thank you for appointing me to the Code Enforcement Board. If the Town can make a regulation about coconuts on state land where the owners would be responsible for it, why doesn't the same think apply to the beaches where the homeowners would be responsible for the property below the high tide line where there is debris washing up from the ocean? Town Attorney Torcivia — We are trying to come up with an ordinance that requires property owners to clean their property. It is just trying to define where their property line is. Comm. Feldman — A few meetings ago I suggested that the Town hire the beach raker to do the whole town and include it on the tax rate. It would not be very much. The condominiums pay for cleaning the beaches. The only ones who negate paying are some of the private homes. 13. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Regular Meeting at 2:30 PM. MOTION: Commissioner Feldman moved to adjourn the regular meeting at 2:30 PM. Motion was seconded by Commissioner Stern which passed unanimously. Town Commission Regular Meeting Minutes Tuesday, June 2, 2015 Pase 10 of 10 APPROVED: 4 L- I i Bernard Featherman, Mayor William VTeitz, ice ayor Stern, ommissioner 1 � arl Feldman, ommissioner r Zeln7nnhissiUer ATTEST: Valerie Oakes, CMC Town Clerk Cif Date I • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Code Enforcement Board SELECT ONE: Carl Gehman ❑ Myles Schlam n in Signature Date: / �� tab) APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Code Enforcement Board SELECT ONE: x Carl Gehman ❑ Myles Schlarn ❑ Lori Wolin Signature: Date: • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Code Enforcement Board SELECT ONE: Carl Gehman ❑ Myles Schlam ❑ Lori Wolin Signature: Date: • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Code Enforcement Board SELECT ONE: )��Carl Gehman ❑ Myles Schlam ❑ Lori Wolin Signature: Date: n� • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Code Enforcement Board SELECT ONE: A ( - Carl Gehman ❑ Myles Schlam ❑ Lori Wolin Signature: Date: 6