2017.01.31_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION
WORKSHOP MEETING
Tuesday, January 31, 2017 1:30 PM
Mayor Bernard Featherman called the Workshop 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 and Commissioner Rhoda Zelniker. Member Absent:
Commissioner Louis Stem. Also present: Town Attorney Glen Torcivia; Interim Town
Manager Valerie Oakes; Deputy Town Clerk Lanelda Gaskins; Police Chief Craig Hartmann;
Finance Director Cale Curtis; Public Works Director Ed Soper; Library Director Lois
Albertson; Building Official Ken Bauer 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 6E: Commissioner Feldman added a discussion on Milani Park.
Hearing no further additions or deletions, the agenda was accepted as amended.
2. PUBLIC COMMENTS AND REQUESTS:
Paul Resnick, 4740 South Ocean Boulevard — There was an incident yesterday where a
bicyclist was hit by a car. The Police Department came to the scene and did a wonderful job
controlling traffic. My complaint is with the fire rescue which took 12 and 1/2 minutes to
arrive at the scene. This is unacceptable. Secondly, last Thursday night there were
approximately 30 cars parked on the grass in Milani Park, which is a beautiful pristine grass
area. I inquired as to why they were parked there and who gave them permission to do so.
Permission was given by the special events section of the county. I do not know if the
Town was consulted or not, but there needs to be some accountability for that park. The
residents of Boca Highlands had to look down on this park and see tire marks all over the
grass which is very disturbing and as a resident is totally unacceptable. I hope that this
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Commission will not allow this to happen in the future. My last comment is that I would
like the Commission to direct the Police Department to issue tickets to the private cars and
landscaping trucks who park on the median on the east side of AIA. I was told that this is
the responsibility of the County.
Diane Matthewman, 1109 Bel Lido Drive — There are orange cables hanging down from
every pole on our street. I was told it was from Comcast. Code enforcement needs to do
something about this. There are also two poles from Florida Power & Light with many
hanging wires. Commercial cars are not allowed to park overnight in Highland Beach and it
is not being enforced. I also have a problem with the cars parking on the street, as well as,
landscaping.
Barry Donaldson, 3700 South Ocean Boulevard — Regarding the action taken by the
Commission on the polling location, I have my concerns and objections. At that meeting, a
letter was read, sent by Father Horgan of St. Lucy's Church, that the church would be
available for the election. Vice Mayor Weitz called a point of order. He indicated that the
Town code states no communication or petition to the Commission shall be entertained
unless same is in writing. Ron Brown represented Father Horgan reading a letter that the
church has changed its position. However, we received nothing legally in writing or by
communication through email in terms of his official signature. The Commission's position
is that the letter read was just hearsay. Town Attorney Torcivia — Vice Mayor Weitz is
correct. The letter read by Mr. Brown should have been provided prior to the meeting
letting the Commission know the Church's position. Barry Donaldson continued to speak
about the Commission's discussion and decision made at the last meeting. He stated that St.
Lucy's Church has been the traditional polling location for many, many years. Our
residents are familiar with this location, and he feels that relocating the polling place to
Town Hall with limited parking will work an undue hardship on our citizens. This decision
will now give Highland Beach two polling locations; one for municipal elections and one
for state, county and federal elections, which will again will be a hardship on our citizens. I
understand your decision but I am concerned that the voters would decide not to vote
because they are aware of the problems at this site. I respectfully ask that you reconsider
your position and try to bring this back to where it was before.
3. PRESENTATIONS:
• Certificate of Completion Awarded to Commissioner Rhoda Zelniker for
Completion of the 2016 Advanced Institute for Elected Municipal Officials
Interim Town Manager Oakes presented Commissioner Rhoda Zelniker with a Certificate
of Completion on behalf of the John Scott Dailey Institute of Government and the Florida
League of Cities for the completion of 18 hours of instruction at the Advanced Institute
for Elected Officials in Cocoa Beach, Florida on October 28 and 29, 2016.
• Master Municipal Clerk Certification to Lanelda Gaskins,MMC
By: Chevelle Nubin,MMC, President of Florida Association of City Clerks
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Tuesday,January 31,2017 Paze 3 of 11
Interim Town Manager Oakes introduced Chevelle Nubin, President of the Florida
Association of City Clerks. Ms. Nubin recognized Lanelda Gaskins, Deputy Town Clerk
of Highland Beach for achieving her Master Municipal Clerk designation. Ms. Gaskins
has been a member of the Association of City Clerks since 2008 and is currently serving
with Ms. Nubin on the Board of Directors as Chair on the Membership Committee.
4. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• None
C) Board Vacancies:
• Beaches & Shores Advisory Board—One Vacancy (Three Year Term)
• Code Enforcement Board — Two Vacancies (Unexpired Terms ending March
2017)
D) Monthly Board Meetings:
• Qualifying Period Opens—January 31, 2017 at 12:00 Noon
• Town Commission Regular Meeting—February 7, 2017— 1:30 PM
• Planning Board Meeting—February 8, 2017—9:30 AM
• Coffee with Mayor Featherman—February 13, 2017—9:30 AM
• Town Hall Closed:
o February 20, 2017—President's Day
• Town Commission Workshop Meeting—February 28, 2017— 1:30 PM
5. PROPOSED ORDINANCES AND RESOLUTIONS:
None.
6. NEW BUSINESS:
A) Authorize the Mayor to Execute the Drinking Water State Revolving Fund
Construction Loan Agreement between the State of Florida Department of
Environmental Protection and the Town of Highland Beach
Interim Town Manager Oakes — The Florida Department of Environmental Protection
has notified the Town that our application for financing with the State Revolving Fund
(SRF) has been approved. If you recall, the Town applied for the low-interest SRF
funds to pay for our Water Infrastructure Improvement Projects.
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As it is written, the funding amount is $4,702,856. This amount will change once the
project goes through final closeout and the actual amounts spent are adjusted. This is a
20-year loan that will be repaid with semi-annual installments beginning June 15, 2018.
The interest rate on the loan is 1.18%. This loan is secured by a voter-approved pledge
of ad valorem taxes.
Commissioner Feldman commended Finance Director Cale Curtis on the fine job he
has done with this contract and all past contracts for the Town of Highland Beach.
Discussion ensued amongst the Commission regarding the importance of this project,
how well it is being handled, the hard work done by the staff and the type of funding
the Finance Director was able to obtain.
Consensus was to place this item on the February 7h Consent Agenda.
B) Discussion Regarding the Proposed Town Manager Agreement
Town Attorney Torcivia — I have prepared a standard agreement with no numbers or
anyone's name in there.
Commission Discussion:
Commissioner Zelniker—It is very generic and we should proceed forward.
Vice Mayor Weitz — Having a generic agreement is important. It is my intent at the
next meeting to make a motion that we move Valerie Oakes from Interim Town
Manager to Town Manager. We have watched this individual handle crisis, handle
public programs such as Light up the Holidays, incredible organization planning, and
skill. I have watched this individual put in countless hours way beyond the normal
workday to serve this Town. There has been communication, both written, oral and
telephonic, to keep this Commission updated. I have unsolicited input from residents,
staff, supervisors and key personnel that this individual is their choice. The morale is
positive, the innovations are positive and the opportunity for communication among the
staff has increased. She has been doing this for seven months, and it is only fair that we
move forward with appointing her to that position.
Commissioner Feldman — I am not in total agreement with Vice Mayor Weitz because
we should not put someone into a position without knowing what the contract is going
to read. Commissioner Feldman reviewed the contract, page by page, indicating the
changes he feels should be made such as the term of the contract, severance pay,
percentages instead of dollar amounts and dates. It is important that the Town, the
residents, and this Commission be protected. His question to the Town Attorney was in
regards to the retirement account ICMA-RC45. Town Attorney Torcivia — The Town
is in the Florida Retirement System and the employees are also in the FRS. Your
manager would be in a class called the senior management rate which means that the
amount that is contributed is different. You could supplement that with an account to
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Tuesday,January 31,2017 Page 5 of 11
the ICMA so that manager would have an account regardless of whether they went to a
city that has FRS or does not have FRS. It is your call whether you want to have just
the FRS or the FRS with a supplement and how much will you contribute as a
supplement. Commissioner Feldman—This contract should be presented to the Interim
Town Manager to see if she wants to make any adjustments.
Town Attorney Torcivia— Commissioner Feldman mentioned severance pay and there
is a state law that puts a cap on that. Twenty weeks is the most a city or town is
allowed to do.
Vice Mayor Weitz — I agree with the areas you want to look at. However, when you
make a decision as to the person you want to hire, you offer the job to the most
reasonable candidate, and then you negotiate the contract.
Discussion ensued regarding whether or not the contract should be presented to Interim
Town Manager Valerie Oakes to review and give her input before moving forward.
Vice Mayor Weitz stated that the generic contract is vague and there is nothing to
review. An offer should be made and then the contract can be negotiated. Town
Attorney Torcivia stated that the Commission needs to appoint a negotiator.
Commissioner Feldman indicated that in the past the Mayor has always been the
negotiator.
Commissioner Feldman— The agenda item is for the discussion of the proposed Town
Manager agreement and not who we are going to hire.
The consensus was to place this item on the February 7t' agenda under Miscellaneous—
Items Left over.
C) Authorize the Town Commission to Approve the Purchase and Installation of the
LPR License Plate Recognition Camera System with L3 Mobile-Vision, Inc.; and
Authorize the Town Manager to Execute a License Agreement with Boca
Highland Condominium Association
Police Chief Craig Hartmann — This was approved in our 2013/2014 capital item. We
never moved forward with this since Florida Department of Transportation (FDOT)
issued a moratorium on anything new; specifically including license plate recognition
cameras in their right-of-way. Technology has now caught up and they are able to
capture license plates and vehicles from a further distance from the roadway. This is to
our benefit, and we can now move forward. L3 Mobile-Vision provides that
technology. We are working in conjunction with the City of Delray Beach in trying to
consolidate with their cameras in the north end of our Town. Boca Highlands is
reviewing our agreement allowing us to place our camera in the very far northeast
corner of their property. The cost is $68,000, which is the same cost that was in the
2013/2014 budget. We anticipate the cost being much less.
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Commission Discussion:
Mayor Featherman — What data would you receive from these cameras? Chief
Hartmann— It is a national database that, when vehicles are entered into that system, it
would give us alerts (stolen vehicles, sexual predators, terrorists, etc.). They come to us
almost instantaneously.
Vice Mayor Weitz—I am in favor of the purchase of these cameras.
Commissioner Feldman — We are relying completely on Delray's server and recorder.
Would there be any provisions where once we buy this system? We would have a lock
tight agreement with Delray. I would like to see a contract with Delray also as part of
this combination. Before we spend the money, I would like to see Boca Highlands'
signature on this contract. Chief Hartmann — Delray is adding additional cameras to
their server, so there is essentially no cost with that or any cost issue. We don't see any
issue with Boca Highlands since they understand it is a simple agreement held harmless
on both ends, and there is no cost or liability involved by having it on their property.
Commissioner Zelniker — I agree with my fellow Commissioners. The safety and
wellbeing of our residents are of the utmost importance.
The consensus was to place this item on the February 7th Consent Agenda.
D) Town Commission Meeting Minutes:
o January 3, 2017—Regular Meeting
The consensus was to place this item on the February 7th Consent Agenda.
E) Discussion regarding Milani Park
Commissioner Feldman — I don't feel we should have Milani Park become Milani
parking lot. I received calls from some residents of Boca Highlands informing me that
the County is allowing this parcel to be used as a parking lot now and I feel this is just a
start. I would like to find a way that we could make this a Milani Park. If we were able
to get enough signatures and people behind us, perhaps we could convince the County
to make this into a green area. On the east side, it is a Native American burial ground
and it would be very difficult for the County to put anything on that land, but they
could put in a parking lot on the west side. As a Commission, I feel we should back the
residents of Boca Highlands to see how much we can contribute to put this plan into
work. If we could get 3,000 to 4,000 signatures we could go to the County and let them
know that this is what we want and with the help of Boca Highlands, the Town could
maintain this property.
Vice Mayor Weitz — I am totally supportive of that concept. I am not sure of the
legalities. Perhaps we could be briefed on this subject and find out what the current
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status is between the Town and the County. Do we have any leverage at all and what
leverage does the County have?
Commissioner Zelniker — We need to find out the legalities. There are many
organizations we could reach out to as far as the environment is concerned. I would
like to see more greenery in Highland Beach. I am in favor of having a park and would
be willing to help in any way with this endeavor.
Commissioner Feldman—As we look into the agreements, I would like to find out how
Boca Highlands feels about this.
Mayor Featherman provided comments about the past history with regards to Milani
Park and his conversations with Mrs. Milani. He would also like to see a park there and
keep our beaches private.
Interim Town Manager Oakes — With regards to Mr. Resnick's observation, we pulled
the stipulated settlement agreement between the Town and the County to see what we
can and cannot do. The County agreed not to proceed with the development of Milani
Park for the period of 10 years from the effective date, which would bring it to June 1,
2020. The County has the right to postpone, at its sole discretion, for another two
periods of five years each which would be a maximum of up to 20 years. The Town
Attorney will be reviewing this to see what we can and cannot do with regards to the
maintenance of the property and what we would require from them.
Vice Mayor Weitz asked that this put this on an agenda when the Town Attorney feels
it is an appropriate time to do so.
7. MISCELLANEOUS—ITEMS LEFT OVER:
None.
8. REPORTS—TOWN COMMISSION:
A) Commissioner Rhoda Zelniker—No report.
B) Commissioner Carl Feldman — In response to Barry Donaldson's comment and
request regarding the change of the polling place. The Commission has made a motion
and voted that the election be held in Town Hall. It will be held there and it cannot be
changed. With regards to the Milani Park agreement, they might not be developing it
for five years but it is now being used as a parking lot, a construction staging site and
has a fence with a sign that says "No Parking"which makes it completely unfriendly.
C) Commissioner Louis Stern—Commissioner Stern was absent.
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D) Vice Mayor William Weitz — With regard to Milani Park, be sure that you consider
the term green space because, if you start talking about a park, any park is going to
demand car parking. I agree with Mr. Resnick's statement about people parking on the
swales. These are no parking areas and I do believe our Police Department can enforce
it. In answer to a statement made earlier, there are constant problems with FDOT and
Comcast in terms of burying lines, cutting wires, etc. Unfortunately, the Town has very
little authority over that. We have contractual agreements with Comcast and if they
can't do the job, then we have to look at these contracts because we do have other
options now. Lastly, I understand Mr. Donaldson's concerns regarding the changing of
the polling site. However, I find it hard to believe that the residents of this Town will
find it difficult to know where the Town Hall and the Library is and that this would be a
disservice to our citizens. After weeks of dealing with the issues, we have made a
decision and stand firm on this decision.
E) Mayor Bernard Featherman — I am very concerned about the statement made today
regarding the bicyclist that was hit by a car and the amount of time it took for the fire
rescue to arrive at the scene. We need to look into this.
9. REPORTS—TOWN ATTORNEY GLEN TORCIVIA:
• Update on Florida Retirement System(FRS) for Elected Officials
Joyce Morgan, Bureau Chief of FRS advised me that any elected official can opt out of
the retirement system within the first six months after election. If you are already a
sitting Commissioner and you are re-elected, you have that window again.
10. REPORTS—INTERIM TOWN MANAGER VALERIE OAKES:
o Comment made regarding the Fire Department: Staff made contact with the Fire
Department. Their response was that there were other incidents occurring at the same
time and their units were spread out. I have requested a report and am waiting for that
information. I will share it with the Commission once I receive it.
o Water Main Project update: They have finished laying the pipes on the side streets and
will be moving on to the work that is occurring along the west side of AIA. Interim
Town Manager Oakes described the type of work that is going to be done. Because of
the nature of this type of work and for the safety of our residents, parts of the walkway
will be closed so the contractor can use their equipment and machinery. Signs will be
posted and barrier tape will be used to surround the area. We urge residents to stay safe
by steering clear of these areas.
o Municipal Election: In accordance with the Town Commission's action taken on Friday,
January 27th to relocate the polling location to the Municipal Town's complex, we
recently assessed our facility and decided to hold all three precincts (4128, 4129 & 4156)
at the Library in the Community Room. Staff has notified the Supervisor of Elections of
the Town Commission's action and have begun working with their office in preparation
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of the upcoming Municipal Election on March 14, 2017. Pursuant to the Personnel Rules
and Regulations, the Town Manager has the discretion to determine when and if any
department or operation will be closed other than the defined holidays listed. I notified
the Supervisor of Elections that it is my intention to close all administrative offices on
Election Day excluding essential employees. This will allow for all parking spaces to be
available on that day. Pursuant to the Code of Ordinances, Section 12-6, hours of
construction, holidays shall be defined as any full day when administrative offices of the
Town are closed and construction is allowed. I am asking the Commission if you would
want to allow construction on that day.
Vice Mayor Weitz asked Chief Hartmann if both can be done at the same time. Chief
Hartmann—Yes, and I would allow the construction because of the short notice.
Vice Mayor Weitz commented on the response made by the Fire Department regarding
the slow response time. Our equipment is used in Delray when it is not used here. He
does not want Delray to determine that they have priority utilization over our equipment
and our men when we have an emergency. I do not want to put any resident in our
community in danger because Delray is using our equipment and manpower to service
their needs.
Consensus was to allow construction on Tuesday, March 14th.
11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS
DISCUSSED AT MEETING ONLY:
Peter Rodis, 3224 South Ocean Boulevard — When an emergency call is made, it goes
directly to Palm Beach County; they sent it to Delray Beach and then Delray Beach sends it
here to Highland Beach. It should not be this way. Highland Beach is a great Town
because of the Town Commission and all the work they do.
Harry Adwar, 4740 South Ocean Boulevard — Regarding Milani Park, we do not want a
parking lot. We want it to stay the same way. They are parking on the grass and it does not
look right. We want to work with the Town to see what we could do. I asked for certain
documents and I will be forwarding them to our attorneys.
George Kelvin, 4740 South Ocean Boulevard — I was at a Milani Park meeting many years
ago and they called in an Indian with a full headdress to testify. Regarding the license plate
recognition cameras, we have an obligation to know how many convictions there have been
in the past years because we are going to spend in excess of $60,000 to put up cameras
whose efficiency should be questioned.
Barry Donaldson, 3700 South Ocean Boulevard — With respect to the change in the polling
location, I might suggest that you consider a special mailing to those who are registered to
vote advising them of the change. Interim Town Manager Oakes — Pursuant to State
statutes, there are two requirements we need to meet; one is legal advertising in the
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newspaper that is outside of 30 days prior to the election and we will be doing that soon; the
second is a mailing to all registered voters. We will be putting up signs indicating the
polling location,placing the information on Channel 99 and posting it on the website.
Carl Gehman, 1123 Highland Beach Drive—Valerie Oakes is one bright individual and I am
in favor of her being offered the Town Manager's position. Thank you for all you do.
Melissa Ebbs, 1113 Russell Drive — I am aware of the statutes as to when Mrs. Milani sold
the property to the County, and I believe she has first right of refusal to buy it back if they
ever wanted to sell it. I also am in agreement that we do not want it a public park and would
be willing to help in any way to ensure that it would be kept a green space. Regarding the
license plate recognition cameras, how big are they and where would they be placed.
Interim Town Manager Oakes — There will be one at the north end of Town and one at the
south end and will be strategically placed so you will be able to see who is coming into
Town and who is going over the bridge. She mentioned an incident in Town that took place
and the automobile involved could not be traced. This system will give us the information
within seconds and help the police apprehend the perpetrator.
Alan Teller, 4210 S. Ocean Blvd. —Milani Park is and has always been a topic of discussion
in this Town. If this topic is to be discussed at the Commission meeting, you will have
many attendees.
Mayor Featherman thanked the residents and complemented the staff and Commission for
their hard work.
12. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman called
for a motion to adjourn the Workshop Meeting at 3:30 PM.
MOTION: Commissioner Feldman moved to adjourn the workshop meeting at 3:30 PM.
Motion was seconded by Vice Mayor Weitz, which passed unanimously.
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APPROVED:
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Bernard Featherman, Mayor
&illiam Weitz, Vice Mayor
Carl Feldman, Commissioner
Excused Absence
Louis Stern, Commissioner
o Zelniker mmissioner
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Town Clerk Ex Officio