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2016.11.01_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION REGULAR MEETING November 1, 2016 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. Stern; and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Interim Town Manager Valerie Oakes; Deputy Town Clerk Lanelda Gaskins; Police Chief Craig Hartmann; Finance Director Cale Curtis; Library Director Lois Albertson; Public Works Director Ed Soper 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 Deputy Town Clerk. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman called for any additions or deletions to the agenda. Item 8A — Commissioner Feldman added a discussion regarding extra duties to be added to the Town Manager's position. Hearing no further additions or deletions, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REOUESTS: Ann Roy, Bel Lido Isle read her letter dated October 29th into the record. Town Attorney Torcivia — This is not an agenda item, and there is a court case. I recommend you do not get into any discussion regarding this issue. The Code Enforcement Board granted her an extension, and she has until December 31St to move the boat. It is not her boat and moving it would resolve the entire matter. 3. PRESENTATIONS: None. Town Commission Regular Meeting Minutes November 1, 2016 Pasie 2 of 13 4. BOARDS AND COMMITTEES: Deputy Town Clerk Gaskins read Item 4 — Boards and Committees into the record as follows: A) Board Correspondence: • None B) Board Action Report: • No Board Action Report for the Month of October as there were no meetings scheduled C) Board Vacancies: • None D) Monthly Board Meeting: • Planning Board—November 9th —9:30 AM • Code Enforcement Board—November 16th—9:30 AM (tentative) • Town Hall Closed: o November 11th—Veterans Day o November 20—Thanksgiving Day o November 250'—Day after Thanksgiving • Town Commission Workshop Meeting—November 29th— 1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 16-0110—2ND READING AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2E, "SIGNS AND ADVERTISING", TO MODIFY ITS SIGN CODE IN ORDER TO COMPLY WITH THE RECENT SUPREME COURT DECISION; PROVIDING FOR CODIFICATIION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Deputy Town Clerk Gaskins read Ordinance No. 16-0110 into the record. Mayor Featherman opened the Public Hearing. Hearing none, Mgyor Featherman closed the Public Hearing. MOTION: Vice Mayor Weitz moved to adopt Ordinance No. 16-011 O on 2nd Reading. Motion was seconded by Commissioner Stern, which passed unanimously. 6. CONSENT AGENDA: Deputy Town Clerk Gaskins read the Consent Agenda into the record. A) Resolution No. 16-009 R Town Commission Regular Meeting Minutes November 1, 2016 Page 3 of 13 A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING THE FISCAL YEAR 2016-2017 FEE SCHEDULE WHICH ESTABLISHES REASONABLE FEES FOR TOWN SERVICES AND OTHER CHARGES AND PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE B) Appointment of Melissa Ebbs to the Code Enforcement Board for an un-expired term ending May 2017 C) Re-appointment of David Stern to the Code Enforcement Board for a three-year term ending September 2019 D) Commission to Authorize the Town Manager to Execute the Task Order Described herein by Issuing a Purchase Requisition to Mathews Consulting, Inc. in accordance with Town Purchasing Policies and Procedures E) Commission to Approve the Surplus Status of Vehicles F) Commission to Approve the Purchase of two (20 new Patrol Vehicles G) Commission to Approve Amendment #2 to the Agreement between the Town and Harcros Chemicals, Inc. for the Purchase of Caustic Soda H) Commission to Authorize the Mayor to Execute the Confirmation of Retirement of Prior Town Manager I) Appointment of Don Gill to the Board of Adjustment and Appeals Board for an un- expired term ending January 2017 J) Minutes: o August 16, 2016—Budget Workshop Meeting o August 30, 2016—Workshop Meeting o September 1, 2016—Budget Workshop Meeting o September 14, 2016—Budget Public Hearing o September 27, 2016—Workshop Meeting o September 27, 2016—Budget Public Hearing o October 5, 2016—Special Meeting MOTION: Commissioner Stern moved to accept the Consent Agenda as presented. Motion was seconded by Commissioner Feldman which passed unanimously. 7. MISCELLANEOUS ITEMS—LEFT OVER: A) Re-appointment of Peter Rodis to the Board of Adjustment and Appeal Board for a three year term ending November 2019 Town Commission Regular Meeting Minutes November 1,2016 Page 4 of 13 Interim Town Manager Oakes—This re-appointment was brought before you at our last meeting. The Commission held discussions at that time as to whether or not we need to change our procedures and if it would affect this appointment, or the ones going forward. Commission Discussion: Vice Mayor Weitz — Since Mr. Rodis is not in the audience today, is it appropriate to discuss this agenda item at this time. Town Attorney Torcivia— It can be discussed at this time. Vice Mayor Weitz — Traditionally, it has been the practice of this Town when someone is asking for a re-appointment to re-appoint that individual. There has been an issue raised by the Town Manager about the process. However, in this particular case and it is nothing personnel, there was an issue on the Board of Adjustment and Appeals that directly affected the viability and legality of this Town and Mr. Rodis was directly involved. Town Attorney Torcivia read from the August 26, 2014 Town Commission meeting when Mr. Rodis commented on the property located south of Toscana during the public comments portion of the meeting attached as Exhibit`B". Vice Mayor Weitz — I was at that public meeting where most people, including Mr. Rodis, expressed a personal view as to an issue that was coming before the Board of Adjustment and Appeals related to a very contentious land development situation. Mr. j Rodis was sitting on that board at the time. The attorneys for the opposing side were aware of this and made it known. In order to protect the Town, the Town Attorney and the Chair asked Mr. Rodis to recuse himself, but he refused. The Board of Adjustment and Appeals is a quasi-judicial board, and as a group, has to be objective and independent and cannot render opinions prior to the presentation of all the information. Because of the actions of Mr. Rodis, the attorney had to present a statement to the entire board that each of us had to affirm that essentially we would maintain objectivity, neutrality and listen to all the information. I have expressed to Mr. Rodis many times my disappointment in his actions on that day. I feel those actions were clearly not in the interest of the Town of Highland Beach and put the Town in a situation of questionable legal issues. I would invite Mr. Rodis to sit on other boards that are not quasi-judicial and stay active in the Town, but I cannot support his re-appointment. Commissioner Zelniker—When we serve on boards, we take an oath of office. I agree with Vice Mayor Weitz. He is an asset to our community and is a volunteer in our library but perhaps he should not be sitting on this particular board. Commissioner Feldman — The agenda reads that Mr. Rodis is applying for re- appointment to the Code Enforcement Board. It should read Board of Adjustment and Appeals. I will go along with whatever is legally correct. Town Commission Regular Meeting Minutes November 1,2016 Page 5 of 13 Commissioner Stern — I was not at that meeting and was unaware of the comments made by Mr. Rodis. Now that I am aware, I agree with my fellow Commissioners that Mr. Rodis should not be re-appointed to the Board of Adjustment and Appeals. MOTION: Vice Mayor Weitz moved not to re-appoint Peter Rodis to the Board of Adjustment and Appeals and would encourage Mr. Rodis to apply to other boards and committees that he can ably serve. Motion was seconded by Commissioner Zelkniker. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion carried 5 to 0. B) Commission to Consider Cancellation of the following Commission Workshop meetings due to Thanksgiving and Christmas holidays: o November 29, 2016—Commission Workshop Meeting o December 27, 2016—Commission Workshop Meeting Commission Discussion: Commissioner Stern — We have a full calendar over the next few months. The Town Manager will be away the week of November 21' and I feel that for this one time only we could cancel the November 29th meeting. I am in favor of cancelling the December 270'meeting since we have always done this in the past. Vice Mayor Weitz — I certainly support not having a meeting on December 27th. Regarding the November 29th meeting. I will go along with whatever my fellow Commissioners decide on. Commissioner Zelniker — We have many projects in the works and we have a very capable staff. I am in favor of keeping both dates on the agenda. Commissioner Feldman — I am also in favor of not cancelling the two workshop meetings. Even if the Town Manager will not be here, we can still put an agenda together. Interim Town Manager — We are not asking to close the Town Hall facilities, just cancelling the meetings. I will be on vacation the week that the agenda goes out and not the day of the Commission meeting on November 29th. Deputy Town Clerk Lanelda Gaskins will be here to put the agenda out. Town Commission Regular Meeting Minutes November 1,2016 Paae 6 of 13 MOTION: Commissioner Zelniker moved to keep the meeting dates as scheduled. Motion was seconded by Commissioner Feldman. ROLL CALL: Commissioner Zelniker - Yes Commissioner Feldman - Yes Commissioner Stern - Yes Vice Mayor Weitz - No Mayor Featherman - Yes Motion carried 4 to 1. C) Commission to Authorize Staff to Execute an Agreement with TLC Diversified, Inc. to Construct the Recommended Improvements Pursuant to Invitation to Bid No. 2016-01 for the Remineralization System. Interim Town Manager Oakes — As part of the Town's overall strategic plan and as a result of voter-approved referendum, the Commission authorized the design and bidding phases for a lime slurry/carbon dioxide remineralization system at the Water Treatment Plant. Now that those phases have been completed, it is time to move forward with the actual construction of the improvements. After evaluating the required bid documents, including qualifications and references, Globaltech Engineering, the design consultant for this project, has made a recommendation that it would be in the best interest of the Town to award the construction contract to the apparent low bidder, TLC Diversified, Inc., for the basic bid work and at a minimum, include alternate #4 for the repair and coating of the clearwell. The Commission also has the opportunity to select from several concealment wall options (bid alternatives 1 - 3) which would provide for aesthetic improvements to the facility. However, depending on the option(s) selected, could exceed the $5M spending limit authority for the combined cost of the Water Infrastructure Improvement Program (Side Street Water Main Replacement and the Remineralization System). Therefore staff agrees with Globaltech's evaluation and is seeking authorization from the Commission to execute a contract with TLC Diversified, Inc. to construct the recommended improvements based on the agreement that was included in the Invitation to Bid (ITB #2016-01). Once finalized, the Commission would have the opportunity to approve the agreement thus allowing the project to advance to the construction phase. Commission Discussion: Vice Mayor Weitz — I will certainly go along with the staff s recommendation. However, I am in favor of the rendering where the tank is enclosed. It is not just for the aesthetic value, since we have people living in the area and it would be a nice consideration, but it is also for security and protection. If you talk with the insurance carrier, you may get a lower insurance premium if you put up a secured barrier. Also, once we make a decision, we cannot go a year or two later and add on without it being too costly or impossible to do. I am not recommending or supporting going over the $5 Town Commission Regular Meeting Minutes November 1.2016 Page 7 of 13 million dollars, but there are other items that can be added onto future projects such as the fire hydrants being a part of the Streetscape Project. My preference would be alternate #2. It is not just visual as there are benefits in enclosing the tank for our protection and security. Commissioner Zelniker—I am in agreement with Vice Mayor Weitz. Which enclosure would be better, alternate #1 or alternate #2? Interim Town Manager Oakes — Both have the concrete and masonry wall. The difference is the inserts. Alternate #1 has the kalwall inserts, which comes out to $55,800 and alternate #2 has the stucco inserts, which comes out to $57,900. Public Works Director (PWD) Soper — I would think the stucco would have more durability than the kalwall inserts and would be a better match to the exterior of the building. I would also have to agree that by putting a wall around the tank, it would detract from being an attractive nuisance since there will be a ladder going up the sides. Commissioner Zelniker—We should do it and do it right. The safety of the community is very important. We live in a hurricane zone, and I would go with Alternate No. 1 which is the stucco. Interim Town Manager Oakes— You are looking for the base bid, Alternate No. 4 and Alternate No. 1. Commissioner Zelniker—That is correct. Commissioner Feldman—Do the inserts require any maintenance? PWD Soper—They only need to be cleaned occasionally and can be replaced if needed. Commissioner Feldman— We had complaints from our neighbors when we put up the tank and we did something about it. I am sure we will have the same complaints so we need to do something. Commissioner Stern — As long as we maintain the ten percent and do not run over the $5 million, I will go along with whichever alternate is the best one. Mayor Featherman — It is very important that we stay within the $5 million keeping in mind the ten percent for the unexpected. I am not in favor of changing the original plan. MOTION: Vice Mayor Weitz moved to ensure that we stay under the $5 million referendum and authorize the staff to execute a reasonable financial assurance plan that will allow the enclosure of the tank; Alternate No. 1 and Alternate No. 4. Finance Direct Curtis —This is where we are at with the two projects. The engineering costs, base bids, loan service fee without including a concealment wall (this includes the base bid and the clearwell alternate and the water mains including the hydrants). I am estimating a total of$4,874,893. That leaves us with a surplus of the $5 million of $125,107. Built into the water main bid is a $100,000 contingency to absorb some of those unknowns that may be dug up in the streets. Built into the project right now without any concealment, about $225,000 of surplus. Adding in Alternate No. 1 will reduce that surplus by about $60,000. Interim Town Manager Oakes is recommending that you do not take an action to remove the hydrants from this project. We can delay Town Commission Regular Meeting Minutes November 1,2016 Page 8 of 13 the procurement and construction of those until we get towards the end and see where we are at with our figures. Commissioner Feldman— If we take the hydrants out and we go over the $5 million by $100,000, can we take that money from the reserves? Town Attorney Torcivia— You have a hard cap of$5 million. That is what the voters approved. This is going to be a very tight project. You are already less than the ten percent. You are at about a six percent margin. This $50,000 is very worthy but as it gets closer and closer to that $5 million, it will be harder and harder to say yes. PWD Soper— I know ten percent is a more comfortable margin, but I think six or seven percent is not too bad either. The project has been well studied and we have excellent project engineers. They have done work in this Town before and worked at our facilities. We hope that any change orders, if there are any, would be minimal. Commissioner Stern—I am still very strong on the ten percent. This building went way over the ten percent. PWD Soper— That is because I do not think they did the level of engineering that we did on these projects. Commissioner Feldman — What would be the difference in cost if we just put the footings in? Troy Lynn, Globaltech — The cost of the footings are built into the alternatives. I would have to check to see what the additional cost would be to build the wall. Town Attorney Torcivia — You cannot take any money out of your other accounts because the people voted for this project. Is there a possibility of putting up the wall towards the end of the project if the money is there at that time? Mr. Lynn — There is always a possibility, but it is not recommended because of the additional cost. Vice Mayor Weitz—Given the discussion, I am going to withdraw my motion. Town Attorney Torcivia — I know you went through a bidding process and you negotiated. Is there any place that you can negotiate a better price with either of these two contractors so they can get closer to that comfort level? Mr. Lynn — There are places that you could possibly economize and use some different techniques, but it would be against our recommendation. You would get a less quality product. MOTION: Commissioner Stern moved to continue with the two projects and go with the base bid plus alternate #4. Motion was seconded by Commissioner Feldman. Commissioner Zelniker— The safety of our residence is very important. I do not want to go over the $5 million but I want it noted that when this project is done, we will have to pay additional money to do it the right way. I feel it should be enclosed. ROLL CALL: Commissioner Stern - Yes Commissioner Feldman - Yes Town Commission Regular Meeting Minutes November 1,2016 Paae 9 of 13 Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. D) Commission to Authorize Staff to Execute an Agreement with Man-Con Inc. to Construct the Improvements Pursuant to Invitation to Bid No. 2016-02 for the Water Main Replacement Project Phase 1 & Phase 2. Interim Town Manager Oakes — As part of the Town's overall strategic plan and as a result of voter approved referendum, the Commission authorized the design and bidding phases for replacement of publically-owned water mains, hydrants and associated appurtenances on the town side streets. This project also includes replacement of fire hydrants on the west side of South Ocean Boulevard and metering/backflow devices to specified properties. Now that these phases have been completed, it is time to move forward with the actual construction of the improvements. After reviewing the submitted bid documents, including qualifications, similar experience and required supplemental information, Mathews Consulting, the design engineer for this project, has determined that the apparent low bidder was non- responsive to certain critical elements contained in the bid specifications. Therefore, Mathews Consulting recommends that it would be in the best interest of the Town to award the construction contract to the project's second lowest and most responsive bidder, Man-Con, Inc. Staff agrees with Mathews Consulting's evaluation and is seeking authorization from the Commission to execute a contract with Man-Con, Inc. to construct the recommended improvements based on the agreement that was included in the Invitation to Bid (ITB #2016-02). Once finalized, the Commission would have the opportunity to approve the agreement thus allowing the project to advance to the construction phase. MOTION: Commissioner Zelniker moved to Authorize Staff to Execute an Agreement with Man-Con Inc. Motion was seconded by Vice Mayor Weitz. ROLL CALL: Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Commissioner Feldman - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion carried 5 to 0. E) Minutes: o September 6,2016—Regular Meeting Town Commission Regular Meeting Minutes November 1,2016 Pame 10 of 13 Interim Town Manager Oakes — Our September 6, 2016 minutes were on the October 2P agenda, and Commissioner Feldman had a question regarding a statement that was made at that meeting. We did verify it in the Clerk's Office that the statement was made and the minutes accurately reflect that. Commissioner Feldman — The statement was made by the person, but it was an incorrect statement. Interim Town Manager Oakes—Because that was a statement that was made by the individual at the meeting, we cannot change what the person said. However, in recognizing that possibly people do make statements that may not be accurate at times, the Commission can respond to that, and it will be reflected in these minutes. Commissioner Feldman — The statement that was made "I am concerned about the unionization of our Town employees and fully support the Board in resisting unionization." We never resisted unionization. I want to make that statement clear for the record. MOTION: Commissioner Zelniker moved to approve the September 6, 2016 Regular Meeting minutes. Motion was seconded by Vice Mayor Weitz, which passed unanimously. 8. NEW BUSINESS: A) Discussion Regarding Extra Duties to be added to the Town Manager's Position Commissioner Feldman — We have an Acting Town Manager, and I think the title should be changed, not the position. The reason being is that the Town Commission has to authorize Valerie Oakes to sign checks. We just went through a very contentious hurricane and Valerie did a great job getting everything organized. As Acting Town Manager, that person has the authority to run the whole Town. The Town Commission has the right to oversee that position. We most likely will not be hiring a Town Manager before March of 2017. Therefore, I would like to change her title to Town Manager; not the position, since she is performing all the duties of a Town Manager. Discussion ensued regarding Commissioner Feldman's request. The Commission feels that there is a process in place when someone vacates a position and an individual takes over in an interim position. If the title is changed to Town Manager, it could be very confusing when the Town begins interviewing for a Town Manager whether it be internal or an outside source. Valerie Oakes is doing the job of Town Manager as Interim Town Manager. She is a highly professional person who is doing an outstanding job as Interim Town Manager and is recognized among the staff and Commission. The title is irrelevant because the benefits are being given to her under the rules and regulations of our Town and she is entitled to receive them. She will be the Interim Town Manager until the position is filled. Town Attorney Torcivia — Regarding her ability to sign checks, the Commission can make a motion giving her the authority to sign checks. Town Commission Regular Meeting Minutes November 1,2016 Page 11 of 13 Commissioner Feldman — My feeling is that when a person goes out to negotiate, if they have a term that says interim,they do not carry the weight. MOTION: Commissioner Zelniker moved to have Valerie Oakes remain as Interim Town Manager with the authority to sign checks and all other authorities associated with the Town Manager position. Motion was seconded by Commissioner Stern. ROLL CALL: Commissioner Zelniker - Yes Commissioner Stern - Yes Commissioner Feldman - Yes Vice Mayor Weitz - Yes Mayor Fearheman - Yes Motion carried 5 to 0. 9. REPORTS—TOWN COMMISSION: A) Commissioner Zelniker — I would like to take this opportunity to congratulate our Finance Director Cale Curtis on his Financial Reporting Achievement. We had a wonderful Halloween party with the staff and Commissioners and Cale Curtis won for best costume. His department also won for best carved pumpkin. I have completed my classes from the Advanced Institute for Elected Municipal Officials presented by the Florida League of Cities. I want to reach out to all the residents to display their flag for Veterans Day and remember all our veterans. A special thank you to all our World War II veterans. B) Commissioner Feldman — I want everyone to remember to vote next week. Last meeting I spoke about an area for e-commerce. I am hoping we can have a safe place for our residents. There are places here at Town Hall where they can feel safe knowing people are in the building so they can do their buying or trading. C) Commissioner Stern — Barbara James, our Sea Turtle Permit Holder, called me expressing her delight that SAFEbuilt was giving t-shirts to the Beaches & Shores Advisory Board and was hopeful that they included the turtle volunteers. D) Vice Mayor Weitz — I am also encouraging people to go out and vote next week. It is your democratic right. To all veterans, no matter what war you served in, I want to thank you for your service to our country. We owe you a tremendous debt. I ask that this day be taken very seriously and that you take a moment of silence for all those who put themselves in harm's way. E) Mayor Bernard Featherman — I attended the Florida League of Cities Finance Taxation and Personnel Committee on October 28, 2016. The three topics were: Community Service; Property Tax Issues and Local Government Surtax. I will be attending the next meeting scheduled for December 86' and 91. Town Commission Regular Meeting Minutes November 1, 2016 Paze 12 of 13 10. REPORTS—TOWN ATTORNEY GLEN TORCIVIA: I want to thank all the veterans who have served and are currently serving. 11. REPORTS—INTERIM TOWN MANAGER VALERIE OAKES: o I want to remind everyone that this is not a municipal election. The Palm Beach County Supervisor of Elections oversees this election. If you have any issues or concerns,their phone number is 561-276-1226. o This month we will be putting out the Highlander Newsletter. We contacted the Palm Beach County Tax Collector's Office so we could have the address of each resident in Town to be sure that everyone receives a copy of the Highlander. Please let us know if you do not receive it so we can make sure you receive a copy in the future. o Another project that we are working on is the website. We are modernizing it and making it user friendly. We have some time before our next meeting. If by chance you google the Town's website, and you come up with a different website that is why. o We are in the process of planning Light up the Holidays. It is December 5t'at 5:00 PM here at Town Hall. Please mark your calendars. We cannot wait to see you there. o We will not be having another Commission meeting until after Thanksgiving. I hope you all have a wonderful Thanksgiving with your family and friends. 12. PUBLIC COMMENTS AND REOUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Ann Roy, Bel Lido Isle—I need to correct a statement made at this meeting regarding my code violation. Vice Mayor Weitz called a point of order since this is not an agenda item. Town Attorney Torcivia—Members of the public have the right to speak on any item at the beginning of the meeting but at the end of the meeting it is only on matters that are on the agenda. This is not an agenda item. Ms. Roy has no right to speak unless the Mayor grants that right, and he has. The Commission has the right to overrule the Mayor. Since this issue has come up twice, you may want to consider removing the second "Public Comments and Requests" from the agenda. I am concerned you will be running into this every meeting from now on. Carl Gehman, 1123 Highland Beach Dr.—The public should have a say in whether or not you should cancel a meeting. I would like to know why the residents were not invited to the Halloween party. Interim Town Manager Oakes—What we had yesterday was not a Halloween party. It was a team building meeting. Carl Gehman—I also want to thank all our veterans for their service. Town Commission Regular Meeting Minutes November 1,2016 Paste 13 of 13 13. ADJOURNMENT: There being no further business, Mayor Featherman adjourned the meeting at 3:30 PM. APPROVED: La'� Bernard Featherman, Mayor Carl Feldman, Commissioner William WEitz, Vice Ntyor Louis Stern, Co is oner d Zelniker, o issioner ATTESTS Cie' Valerie Oakes, CMC Date Town Clerk Town Commission Workshop Minutes August 26, 2014 Page 2 of 13 opinions he has given to the Town Commission, I believe the Town Attorney has not served this town well and should resign from his position. With respect to the Town Manager's selling of the chairs that was brought up several meetings ago for a minimal amount, it is not the amount of money. If you sell government property without authorization, it is a crime. Two weeks ago you were asked to approve additional monies for the architect. It was for $13,000 but asked for $20,000 in case it is needed. You asked to ratify it. This was actually after the fact. The Town Manager already had a bill for $19,000 on her desk two weeks prior to the meeting, and had already been paid. The Town Manager is now recommending that you hire the same architect to handle our engineering project for the Library. The additional monies spent for the renovations were an increase of fifty percent (50%) over the initial allocation of money to that architect. The Town Manager authorized this, not you. You ratified it. I am asking for her resignation also. Peter Rodis, 3224 S. Ocean Blvd. — I have mixed feelings regarding the five percent (5%) increase to the employees of this town. I spoke to the Library Director and she indicated to me that the individual employee looks forward to that increase. Other communities such as Delray Beach have approved a 2-1/2% increase. I would hope that the Commission discusses this and considers changing the number to 2-1/2%in the budget. I also concur with everything Dr. Weitz stated. Max Angel, 2727 S. Ocean Blvd. —I don't understand how the Town Manager and Town Attorney did not know about the rule that you can't spend X amount of dollars without appropriations. I am against this. These rules have been on the books for years. Marni Glasser, 3720 S. Ocean Blvd. —I am here again on the subject of the property south of Toscana on AIA. This has been put into the Town of Highland Beach for an application to build a 16 story building. As I said the last time, the tranquility of Highland Beach would be destroyed. The building code at this time states that it is to be 35 feet high and small density. There should be no variances of any sort given to this property. Rhoda Zelniker, 3912 S. Ocean Blvd. —Concurred with Marni Glasser. The north side of our building abuts this property and is a major concern for us. We are letting our Commissioners know of our concern for this building. We understand progress, but there is a certain amount of tranquility we would like to keep in Highland Beach. Silvio Blaskovicz, Highland Beach Dr. — I believe it would be a mistake to remove the boat lifts from Special Exception. Bel Lido Isle is a community unto itself and unlike any other of the surrounding communities. Having these boatlifts would disturb our views and make for a very congested community. If you pass this ordinance anything could happen and there would be no control over these boatlifts. Special Exception was designed to protect the value of the property. You should contact the people in Bel Lido and see what they want. Carl Gamin, Highland Beach DrHighland Beach Dr.—I want you to know that I find this dialog very impressive. Peter Rodis, 3224 S. Ocean Blvd. addressed the concern of Marnie Glasser of 2727 S. Ocean Blvd. who previously spoke regarding the zoning issue on the proper located south of Toscana. He stated that he serves on the Board of Adjustment& Appeals and asks all concerned residents to come to their meetings and express their concerns regarding zoning issues. The Board members are very strict when Town Commission Workshop Minutes August 26 2014 Page 3 of 13 it comes to zoning. If the zoning issue is 35 feet then it won't be changed. The federal government forced Highland Beach to build Toscana which is 16 stories high. Nobody has that right again. Whatever the zoning issue is that is the zoning issue. Any concerned resident should come before the Board of Adjustment and Appeals when this developer is presenting his plan and they can voice their opinion. Then they can see that we will uphold the statute and the zoning and nothing beyond 35 feet will be built. Peggy Brown, Tranquility Drive — I understand Silvio's concerns. As Treasurer of Bel Lido Homeowner's Association, I received many calls after an anonymous letter went out asking why we would live on the water if we can't have a boadift. It is a safety issue in hurricanes. 3. PRESENTATIONS• None. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • No Report C) Board Vacancies: • Financial Advisory Board—Two Vacancies Town Clerk Brown presented the Commission with the Resolution that established the Financial Advisory Board. Talent Bank Interviews: Dragos Alexe, 3573 S. Ocean Blvd. gave a brief summary of his background indicating that he would like to help the town on an advisory position. He feels his background as a President and CEO of a company and his expertise in corporate finance would be an asset to this position. Max Angel, 2727 S. Ocean Blvd stated that he was a former member of the Financial Advisory Board and the Planning Board and was a CEO of several companies. He also indicated that he feels very strongly about doing the wishes of the town's people. Edward Kornfeld 3912 S. Ocean Blvd. gave a brief summary of his background in finance, operations and management, and is currently the Treasurer of the Regency Highland Board of is his background qualifies him for this position and very much would like to serve Directors. He fee gr q the community. Town Clerk Brown stated that since there are three applicants the Board will vote next week by ballot. � I 1