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2017.02.07_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION REGULAR MEETING Tuesday, February 7, 2017 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 and Commissioner Rhoda Zelniker. Member absent: Commissioner Louis Stern. Also present: Town Attorney Glen Torcivia; Interim Town Manager Valerie Oakes; Deputy Town Clerk Lanelda Gaskins; Police Chief Craig Hartmann; Library Director Lois Albertson; Public Works Director Ed Soper; Building Official Ken Bauer and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a moment 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 10: Town Attorney Torcivia added Commissioner Stern's letter of resignation. Hearing no further additions or deletions,the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REQUESTS: Carol Wittenberg, 3912 South Ocean Boulevard — I have a deep concern regarding the March 14th election. There were a select few candidate signs in front of St. Lucy's Church. Why were not all seven candidates represented? These candidates were associated with the church. I am appalled at the thought that religious preference may have become the new criteria for candidate endorsement instead of their platforms. What can we do to solve this problem? Tim Burnich, 4505 South Ocean Boulevard — At the meeting of January 25th, the Commission had a discussion regarding the employment contract. You were both right and you had a chance to work this out. I contacted the church regarding the signage because I was concerned they would lose their tax exemption since they were violating their IRS Johnson Amendment, which prohibits such signage. Town Commission Regular Meeting Minutes February 7.2017 Page 2 of 7 Louis Reidenberg, 3720 South Ocean Boulevard — I am here to support and strongly recommend that Valerie Oakes be selected as the Town Manager. She has the talent, ability, knowledge, and expertise to handle this job. Steve Katsky 3912 South Ocean Boulevard— I too was disturbed to see only a few signs in front of the church. According to the IRS, these institutions are barred from taking any political action, or they lose their charitable status. Mr. Katsky read the IRS ruling under the Johnson Amendment. I am asking this Commission to address this matter directly to the church and advise them they chance losing their tax-exempt status. 3. PRESENTATION: None. 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: • Deputy Town Clerk Gaskins read the report into the record. C) Board Vacancies: • Beaches& Shores Advisory Board—One Vacancy(Three Year Term) • Code Enforcement Board—Two Vacancies (Unexpired Terms ending March 2017 and May 2017) D) Monthly Board Meeting: • Town Commission Regular Meeting—February 7, 2017— 1:30 PM • Planning Board Meeting—February 8, 2017— 1:30 PM • Coffee with Mayor Featherman—February 13, 2017—9:30 AM • Qualifying Period Ends—February 14, 2017 at 12:00 Noon • Town Hall Closed: o February 20, 2017—President's Day • Town Commission Workshop Meeting—February 28, 2017— 1:30 PM Town Commission Regular Meeting Minutes February 7,2017 Paite 3 of 7 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) RESOLUTION NO. 17-002 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF AN NPDES FOURTH CYCLE PERMIT INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, THE LEAD PERMITTEE Deputy Town Clerk Gaskins read Resolution No. 17-002 R into the record. Interim Town Manager Oakes — The Florida Department of Environmental Protection administrators the National Pollution Discharge Elimination System on behalf of the Environmental Protection Agency. In Palm Beach County, approximately 40 towns, through an Interlocal Agreement, have formed a coalition known as MS4 (Municipal Separate Storm Sewer System) to jointly become "co-permittees: that designate the Northern Palm Beach County Improvement District as the "Lead Permittee". By using this approach, it becomes more economical and administratively feasible to address the many complicated facets of the NPDES program including permitting, reporting, consulting, establishment of monitoring requirements, limitation and standards. The co-permittees also rely on the lead organization for technical and legal assistance, certification and educational programs, and negotiating future program requirements with the regulatory agencies. The Town of Highland Beach has been one of the MS4 coalition members since 2011. The cost estimate for Fiscal Year 2017/2018 is $1,850. Funds for this expenditure is currently allocated in the Sewer Fund. MOTION: Commissioner Feldman moved to adopt Resolution No. 17-002 R as presented. The motion was seconded by Vice Mayor Weitz. ROLL CALL: Commissioner Feldman - Yes Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Mayor Featherman - Yes Motion carried 4 to 0. 6. CONSENT AGENDA: Deputy Town Clerk Gaskins read the Consent Agenda into the record. 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. Town Commission Regular Meeting Minutes February 7,2017 Page 4 of 7 B) 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. C) Meeting Minutes: o January 3, 2017 Regular Meeting MOTION: Vice Mayor Weitz moved to accept the Consent Agenda as presented. The motion was seconded by Commissioner Zelniker,which passed unanimously. 7. NEW BUSINESS: None. 8. MISCELLANEOUS—ITEMS LEFT OVER: A) Consideration to Make an Offer regarding the Town Manager Position Vice Mayor Weitz — At the January 31St Workshop meeting I stated that it was my intent to nominate our Interim Town Manger Valerie Oakes to the permanent position of Town Manager. Over the past eight months, we have had the opportunity and the privilege to watch this individual handle crisis situations in emergencies, organizational effectiveness such as Light up the Holidays, Halloween parties for the staff and other Town functions with tremendous morale; a great deal of clear, concise and accurate information given to the Commissioners in writing, emails, telephonic communications and personal meetings. I have heard from staff and residents that she is the most qualified individual for the position. I am making the following motion: MOTION: Vice Mayor Weitz moved to elevate Valerie Oakes to the formal position of Town Manager and have a negotiating team of Ms. Oakes, Town Attorney Torcivia and Mayor Featherman to negotiate the terms of a contract. Upon culmination of that decision, it is to be presented to the Commission for approval. The motion was seconded by Commissioner Zelniker. Commission Discussion: Commissioner Feldman—I am in agreement with Vice Mayor Weitz's motion. Commissioner Zelniker — I also concur. Interim Town Manager Oakes understands that we all work for the residents of this community and that is the most important ingredient in a government. She takes initiatives on her own to make the Town better for the people who live here. She had a meeting with the Town Attorney and the Building Official to address issues on construction sites creating a citation process and parking in the right-of-ways. Staff is conducting research for the Commission's consideration of implementing stricter regulations and rules. Town Commission Regular Meeting Minutes February 7,2017 Paye 5 of 7 ROLL CALL: Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carried 4 to 0. Vice Mayor Weitz made a second motion. MOTION: Vice Mayor Weitz moved to authorize Interim Town Manager Oakes to function ex officio as the Elections Supervisor. The motion was seconded by Commissioner Zelniker, which passed unanimously. Interim Town Manager Oakes thanked the Commission and the community for their confidence in her and their support. 9. REPORTS—TOWN COMMISSION: A) Commissioner Zelniker — I was sorry to hear about Commissioner Stern's serious illness. He is an excellent public servant and gives much of his time and energy to our Town. B) Commissioner Feldman—My remarks go along with those of Commissioner Zelniker. I established a new safe zone for conducting internet business in the Town of Highland Beach. Any transactions that require an internet sale can now be done at Town Hall or in the police parking lot, which is recorded by cameras. The police also have meeting rooms if it is required. This is very important for the protection of our residents. There is a new scam targeting senior citizens. If a call comes in and says "can you hear me" and you say "yes", the caller has it on record that you said yes to anything they want in the future. Do not say yes and just hang up. I will be having more discussions in the future regarding Milani Park. Highland Beach will be doing something regarding this issue within the next two years. A petition will be circulated and hope to have 3,000 signatures, both voting residents as well as non-voting residents. It is being written in conjunction with Boca Highlands who is the closest to the property, and they have 1,000 residents. C) Commissioner Stern was absent. D) Vice Mayor Weitz — It is an honor and a privilege to have my Goddaughter in the audience today. I would like to stand in respect to Commissioner Stern. Vice Mayor Weitz shared his feelings regarding Commissioner Stern both as a friend and a colleague; a bright and caring individual with a great deal of class who cares deeply for his family, his friends and this Town. I was disheartened to hear of the seriousness of Town Commission Regular Meeting Minutes February 7,2017 Paze 6 of 7 his illness and his resignation as of March. Commissioner Stern served this Town as a dedicated, responsible, loyal individual with a commitment to the residents of this Town and he will be missed. Our thoughts and prayers will always be with him and his family. E) Mayor Bernard Featherman — Commissioner Stern is a friend and colleague and worked very hard for this community. Mayor Featherman read Commissioner Stern's letter of resignation effective March 15, 2017 into the record. A reminder that Coffee with the Mayor will be held on Monday, February 13th at 9:30 a.m. in the Library Community Room. We have all been working very hard on behalf of the residents. 10. REPORTS—TOWN ATTORNEY GLEN I TORCIVIA: The Mayor has read Commissioner Stern's letter of resignation. Our prayers go out to Commissioner Stern and his family. 11. REPORTS—INTERIM TOWN MANAGER VALERIE OAKES: I had the opportunity of visiting with Commissioner Stern this morning. He is still wanting to know everything that is going on in Town, so we are keeping him abreast and communicating with him. We are holding a candidates forum on March I' from 6:00 to 8:00 PM in the Community Room at the Library. You can meet the candidates and hear what they have to say. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS: Peter Rodis, 3224 South Ocean Boulevard—My congratulations to Valerie Oakes on her appointment as Town Manager. Also, my prayers go out to Commissioner Stern's family. Carl Gehman, 1123 Highland Beach Drive—Congratulations to Valerie Oakes. My thoughts are also with Commissioner Stern. Melissa Ebbs, 1113 Russell Drive—Commissioner Stern has been a friend for many years. I want to thank you for expressing your thoughts about him. He is a good person and we will all miss him. Regarding the signs at the church, I want to apologize if I have offended anybody. I was under the impression that we could have signs on a private property as long as we got approval. I want the church to stay tax exempt and certainly do not want to offend anybody, so after the meeting I will be removing my signs. Mayor Featherman stated his term will be ending on March 14th and that it was an honor to represent the residents of this Town. Town Commission Regular Meeting Minutes February 7,2017 Page 7 of 7 13. ADJOURNMENT: There being no further business, Mayor Featherman called for a motion to adjourn the meeting at 2:12 PM. MOTION: Commissioner Feldman moved to adjourn the meeting at 2:12 PM. The motion was seconded by Vice Mayor Weitz, which passed unanimously. APPROVED: -4�P AA1" Bernard Featherman, Mayor William Weitz, Vice Mayor r � Carl Feldman, Commissioner Absent Stern, Commissioner o a Zelniker missioner ATTEST: Valerie Oakes, CMC Date Town Clerk Ex Officio