Loading...
2018.06.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MEETING Town Hall/Commission Chambers Date: June 5, 2018 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida CALL TO ORDER: Mayor Carl Feldman called the Regular Meeting to order at 1:30 PM. PRESENT UPON ROLL CALL: Mayor Carl Feldman Vice Mayor Alysen N.Nila Commissioner Rhoda Zelniker Commissioner Elyse Riesa Commissioner Peggy Gossett-Seidman Town Attorney Pamala Ryan Interim Town Manager William Thrasher Town Clerk Lanelda Gaskins Pledge of Allegiance: The Pledge of Allegiance was led by Commission, followed by a moment of silence. Civility Pledge: Town Clerk Gaskins recited the Civility Pledge. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Commissioner Riesa added "Discussion Regarding the Hiring of a New Town Manager" as Item 7C, under New Business. Mayor Feldman added "Discussion Regarding the Town Attorney's Role" as Item 71), under New Business. The agenda was accepted as amended. Town Commission Regular Minutes Date: June 5, 2018 Page 2 of 10 2. PUBLIC COMMENTS AND REOUESTS: The following residents provided comments: Gerry Wolf Christos Stosanos Tim Burnich Carl Gehman Robert Patek David Axelrod, Chair of the Planning Board Lois Feldman John Ross William Weitz 3. PRESENTATION/PROCLAMATIONS: None. 4. BOARDS AND COMMITTEES: Town Clerk Gaskins read Items 4B through 4D into the record. A) Board Correspondence and Report: Bryan Perilman, Chair of the Board of Adjustment and Appeals introduced himself to the Commission. David Axelrod, Chairperson of the Planning Board announced the Planning Board will hold a meeting on June 20, 2018 at 9:30 AM to review the Request for Qualifications for the Ocean Walk and More Project and construction management. B) Board Action Report: None. C) Board Vacancies: Code Enforcement Board—Seven(7) Full Three-Year Terms Financial Advisory Board—Two (2) Vacancies: One (1) Three Year Term and One (1) Unexpired Term Ending November 2020. Natural Resources Preservation Advisory Board—Seven (7) Full Three-Year Terms Planning Board—One (1) Vacancy for an Unexpired Term Ending May 2019. Town Commission Regular Minutes Date: June 5,2018 Page 3 of 10 D) Monthly Board Meetings and Events: Planning Board Meeting—June 20, 2018 —9:30 AM Town Commission Workshop Meeting—June 26, 2018— 1:30 PM Town Commission Regular Meeting—July 3, 2018— 1:30 PM Town Hall Closed: o July 4, 2018—Independence Day 5. PROPOSED ORDINANCES AND RESOLUTIONS: A)ORDINANCE NO. 18-004 O Town Clerk Gaskins read the title of Ordinance No. 18-004 O into the record. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION", BY ENACTING A NEW ARTICLE V "BOARDS AND COMMITTEES", AMENDING AND RENUMBERING ARTICLE V "CODE ENFORCEMENT BOARD", BY CREATING A NATURAL RESOURCES PRESERVATION ADVISORY BOARD; BY CREATING A FINANCIAL ADVISORY BOARD; BY AMENDING CHAPTER 20 "PLANNING AND DEVELOPMENT BY DELETING ARTICLE II "PLANNING BOARD" AND ARTICLE IH "BOARD OF ADJUSTMENT AND APPEALS; ADMINISTRATION" IN ORDER TO MODIFY AND CLARIFY THE REGULATIONS RELATED TO THE VARIOUS TOWN BOARDS; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING WAS MAY 1,2018). Town Attorneyvan presented this item and read the three changes requested by Mayor Feldman into the record as follows: Section 2-100 (1)(b) — Removed the word "may" to read "shall" interview board members; Section 2-113 (d) — Regarding compensation. They would continue to receive $25.00 for attending their own meetings but not the Commission meetings; and Section 2-113 (e)—Removed the word"shall"to read"may" assist staff. Mayor Feldman commented on Section 2-98. He was not in favor of advisory board members being required to attend Commission meetings if there are no items on the agenda pertaining to a particular board. MOTION: Commissioner Zelniker moved to adopt Ordinance No. 18-004 O as amended. The motion was seconded by Commissioner Riesa. i Town Commission Regular Minutes Date: June 5,2018 Page 4 of 10 UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Riesa - Yes Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote. Mayor Feldman dissenting. 6. CONSENT AGENDA: Town Clerk Gaskins read Items 6A through 6F into the record. A) Approval of Meeting Minutes: o April 24, 2018 —Workshop Minutes o May 1, 2018—Regular Minutes B) Approve and Authorize the Mayor to Execute an Agreement between the Town of Highland Beach and CC Control Corp. (lowest qualified bidder), in the amount of$56,100.00 for the Replacement of and Installation of 24 Transmitters and 24 Manifold on Water Treatment Plant RO Membrane Trains A, B and C. (Invitation to Bid No. 2018-03) C) Approve and Authorize the Mayor to Execute an Agreement between the Town of Highland Beach and the City of Delray Beach, in an amount of $69,513.00 per year for Police Dispatching and Communication Services. D) Approve and Authorize the Employee Medical Insurance Program. E) Approve and Authorize a Salary Adjustment for Interim Town Manager Gaskins Effective May 1, 2018 through May 21, 2018. F) Approve and Authorize the Purchase of the Public Works Off-Road Vehicle Replacement. i MOTION: Commissioner Riesa moved to approve Items 6A thru 6F on the Consent Agenda as presented. The motion was seconded by Commissioner Zelniker. I UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - Yes Motion passed on a 5 to 0 vote. Town Commission Regular Minutes Date: June 5,2018 Page 5 of 10 7. NEW BUSINESS: Town Clerk Gaskins read item 7A into the record. A) Discussion on Interim Town Manager Thrasher's Employment Agreement. Interim Town Manager Thrasher recommended approval of the proposed employment agreement for a period of 90 days ending on August 21, 2018. Commission Discussion: Commissioner Riesa commended Interim Town Manager Thrasher on his excellent performance and all that he has been able to accomplish to-date. Commissioner Zelniker explained that there was a section in the contract which would allow his employment to be extended, if necessary. Vice Mayor Nil a agreed with the conditions stated in the contract. Mayor Feldman preferred that Interim Town Manager Thrasher be retained for one year. MOTION: Commissioner Riesa moved to accept the Employment Agreement for Interim Town Manager William Thrasher. The motion was seconded by Commissioner Gossett-Seidman. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Gossett-Seidman - Yes Commissioner Zelniker - Yes Vice Mayor Nila - Yes Mayor Feldman - Yes Motion passed on a 5 to 0 vote. Town Clerk Gaskins read Item 713 into the record. B) West Palm Beach—Resolution No. 121-18. Interim Town Manaszer Thrasher presented this item. What has happened through the State and their legislative actions is actually a preempted strike against Home Rule. The Town's financial participation is in the range of $7,500 to $9,500 and includes Appellate Court cost. It is up to this Commission as to whether or not you want to join forces with your sister cities to express the idea that Homer Rule is important to you. Town Commission Regular Minutes Date: June 5,2018 Page 6 of 10 Town Attorney y explained that it was not illegal to file a lawsuit. You have the right to ask a court to rule on whether or not a Florida law is legal or illegal, constitutional or unconstitutional. Commission Discussion: Mayor Feldman commented on whether or not the residents would want this. Vice Mayor Nila felt that before this was placed on the agenda, it should have been given to the Commissioners for their review and explained to the residents. At this time, it is premature until it has been researched further. Commissioner Zelniker asked for an explanation. Interim Town Manager Thrasher explained that the State of Florida will be telling you what you will and will not be doing. Discussion ensued. Commissioner Riesa was in favor and Commissioners Gossett-Seidman and Zelniker were not in favor. Mayor Feldman suggested this item be tabled until more information can be obtained. MOTION: Commissioner Zelniker moved to table this item. The motion was seconded by Commissioner Gossett-Seidman. UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Gossett-Seidman - Yes Commissioner Riesa - No Vice Mayor Nila - Yes Mayor Feldman - Yes Motion passed on a 4 to 1 vote. Town Clerk Gaskins read Item 7C into the record. C) Discussion Regarding the Hiring of a New Town Manager—Commissioner Riesa. Commissioner Riesa proposed that the Commission move forward with a recruiting company that with work with us to expeditiously hire a new Town Manager. The Town Attorney and the Town Manager will obtain a list of potential firms and they will be responsible for the vetting. She suggested that this be done at a cost not to exceed $20,000. Town Attorney Ryan mentioned that she sent an email to the Commission stating that she has reached out to three different recruiting firms. She has received two proposals and was awaiting the third and explained that a cap should not be placed on the amount at this time. Town Commission Regular Minutes Date: June 5,2018 Page 7 of 10 Commissioner Riesa suggested that the Commission allow the Town Attorney and Town Manager make the decision as to which firm was best qualified. Commission Discussion: Vice Mayor Nila suggested that the proposals be sent to each of the Commissioners to look at them as well as the Town Attorney and Interim Town Manager. Commissioner Gossett-Seidman would like to move forward as quickly as possible and have the attorney make the decision. Commissioner Zelniker would like to move forward as quickly as possible also, but do it right. Mayor Feldman provided comments with regard to the candidates that were interviewed for the Interim Town Manager position and does not feel that the Town should be limited to recruiting firms only. The Town should conduct their own search also. Interim Town Manager Thrasher suggested that he be cautious in how he deals with the candidates. He also explained that he is not interested in becoming a permanent Town Manager and will not apply for this position. This was made clear during his interview. It is important that any prospective candidate be made aware of this. Commissioner Riesa explained she preferred someone with local knowledge. If a candidate could take this Town into the future, local experience may not be necessary. MOTION: Commissioner Riesa moved to have the Town Attorney and the Town Manager work together on a process of a list of qualifying firms to bring forth to the Commission for the recruitment of a Town Manager. The motion was seconded by seconded by Commissioner Zelniker. Commissioner Riesa requested a special meeting, if necessary, for the purpose of reviewing and hiring a recruiting firm. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - Yes Motion passed on a 5 to 0 vote. Town Commission Regular Minutes Date: June 5,2018 j Page 8 of 10 Town Clerk Gaskins read Item 7D into the record. D) Discussion Regarding the Town Attorney's Role with the Operations of Highland Beach.—Mayor Feldman. Mayor Feldman provided comments with regard to Town Attorney Ryan being present at the union negotiating contract meeting. Her presence was an additional cost to the Town for attorney fees. Commission Discussion: Vice Mayor Nil a provided comments with regard to why she suggested the attorney be on a retainer basis based on the amount of projects that need to be done in Highland Beach. Commissioner Zelniker explained that having the Interim Town Manager and a future Town Manager, the enormous legal fees will subside. Commissioner Riesa concurred with Commissioner Zelniker. Town Attorney Ryan has been a guiding light in helping this Commission move forward. Commissioner Gossett-Seidman concurred that Town Attorney Ryan has been a tremendous help to the Commission. Mayor Feldman agreed with Vice Mayor Nila with regard to the attorney being on a retainer basis. He provided comments about the possibility of the Town hiring its own attorney. Town Attorney Ry provided comments with regard to the amount of projects the Commission is involved in and the time involved with her helping each Commissioner. She explained that with the hiring of the Interim Town Manager and the new full-time Town Manager, the calls will decrease and they will be in a more traditional role. 8. MISCELLANEOUS—ITEMS LEFT OVER: None. 9. REPORTS—TOWN COMMISSION: A) Commissioner Peggy Gossett-Seidman had no comments. B) Commissioner Elyse Riesa appreciates everything the Town Attorney and the Town Manager are doing for the Commission. Town Commission Regular Minutes Date: June 5,2018 Page 9 of 10 C) Commissioner Rhoda Zelniker provided comments with regard to some comments that were presented at the meeting. She thanked the Police Department for their quick response to an accident that occurred in front of her building. D) Vice Mayor Alysen A. Nila provided comments about the Commission working very hard to move the Town forward and that they have the best interest of the Town residents. E) Mayor Carl Feldman explained that any comments given today or in the past were given by residents. He provided comments with regard to the termination of Valerie Oakes. 10. REPORTS—TOWN ATTORNEY PAMALA RYAN: Town Attorney yan responded to Mayor Feldman's comments regarding Valerie Oakes' termination and explained the language in her contract. Town Attorney Ryan addressed Chair David Axelrod's comments regarding the Planning Board and the RFQ for an architect. She asked if it was the intent of the Commission to have the Planning Board act as the selection committee. In the past, the Town Manager and appointed staff have been on the committee. It was the consensus of the Commission that the Planning Board will help out,but they will not be the selection committee. 11. REPORTS—INTERIM TOWN MANAGER WILLIAM THRASHER: Interim Town Manager explained the budget process is underway. He requested a special meeting to have a presentation, with discussion, from a firm PRMG regarding Code Section 20-2 — Open Space and Recreation Dedication. The last adoption was September 7, 1988. The Town Commission has been advised and provided information of FP&L's intention to trim trees. Martha Pando, Library Assistant has submitted her letter of resignation after 10 years of service to the Town. We wish her well. The Library will be closed to the public from August 15th to August 19th due to the resurfacing of the parking lot. He would like to attend the Palm Beach County League of Cities General Meeting in Wellington on June 27th and asked if the Commissioners would like to join him. Town Commission Regular Minutes Date: June 5, 2018 Page 10 of 10 12. PUBLIC COMMENTS AND REOUESTS RELATED TO AGENDA ITEMS: Robert Weinroth, former Councilman of Boca Raton provided comments with regard to Boca Raton joining the lawsuit and explained Resolution No. 121-18. There are two issues. One is preemption, which means the State, Federal Government and the County have the right to preempt the municipalities. He explained the other issue which was gun law. 13.ADJOURNMENT: Mayor Feldman called for a motion to adjourn the meeting MOTION: Commissioner Zelniker moved to adjourn the Regular Meeting at 3:43 PM. The motion was seconded by Commissioner Gossett-Seidman, which passed unanimously. APPROVED: Idmhrr, Mayor Gommissioner Commissioner ATTEST: I . Transcribed by: Rosalie DeMartino 1 � lda Gaskins, M I fC e Town Clerk