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2010.04.26_TC_Minutes_Workshop• TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Monday, Apri126, 2010 1.30 PM Mayor Jim Newill, CPA called the Workshop Meeting to order in Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Jim Newill, CPA; Commissioner Doris M. Trinley; Commissioner John J. Sorrelli; and Commissioner John J. Pagliaro. Also present: Town Attorney Tom Sliney; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown; and members of the public. Absent -Vice Mayor Miriam S. Zwick. Pledge of Allegiance: The Pledge of Allegiance was given. Mayor Newill asked for a moment of • silence in honor of recently deceased resident Neil Burd who was active within the Town government for the past nineteen years and a special prayer for Vice Mayor Zwick who recently had surgery. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Mayor Newill asked for any additions or deletions. Receiving none, the agenda was accepted as presented. 2. PUBLIC COIVIlVIENTS AND REQUESTS No comments received. 3. PRESENTATIONS None 4. BOARDS AND COI~IlVIITTEES A) Board Correspondence • • None Town Commission Workshop Minutes _April 26, 2010 Page 2 of 7 B) Board Action Report • None • C) Board Vacancies • Beaches & Shores Advisory -Two Full Terms • Board of Adjustment and Appeals -One Full Term. • Planning Board -One Full Term Interview -Carol Stern - 1115 Russell Drive Mrs. Stern stated she has been a resident for 13 years; served on the Cultural Board for a short period, and would like to continue to serve the Town. Consensus -Appointment to be included on May 4, 2010 Consent Agenda • Planning Board -One-year Unexpired Term (5/11) D) Monthly Board Meetings • Special Magistrate -April 8th -Cancelled • Beaches & Shores Advisory Regular -April 13th - 9:30 AM • Planning Board -April 14~' - 9:30 AM • Bd. of Adjustment and Appeals - Apri120th - 9:30 AM • Town Commission Workshop -Monday - Apri126th - 1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) ORDINANCE NO. 10-002 O AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING • THE FOLLOWING SECTIONS OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, FLORIDA: SECTION 23-7 PERMITTED SIGNS, SECTION 23-8 PROHIBITED SIGNS, SECTION 30-46 PUBLIC NOTICE, SECTION 30-64 PROPERTY DEVELOPMENT REGULATIONS, SECTION 30-68 SUPPLEMENTAL DISTRICT REGULATIONS, AND SECTION 30-131 DEFINITION OF TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Su eg rman -This ordinance incorporates the final text amendment changes as recommended by the Planning Board with input from the Commission. The ordinance is presented at the workshop to see if there are any additional questions or input from the Commission. If there is not, it will be scheduled for a first reading at next week's regular meeting. Mayor Newill -Asked for questions or comments. Receiving none, the ordinance will be scheduled for a first reading in May and a public hearing and second reading in June. B) RESOLUTION NO. 10-006 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PARTNERING WITH THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN AND FLORIDA MUNICIPALITIES IN THE CAMPAIGN TO BRING AWARENESS OF CHILD SAFETY ISSUES IN THE NATION, STATE, AND LOCAL COMMUNITIES. • Town Commission Workshop Minutes ..April 26, 2010 Page 3 of 7 • Mayor Newill -Stated that the National Center for Missing and Exploited Children had contacted Town Hall and requested that the Town partner with the Center in the 2010 campaign, and he agreed to sponsor the Resolution. Receiving no questions from the Commission, the item will be included on the May 4a' Consent Agenda. 6. NEW BUSINESS A) Review of a Draft Ordinance -Code of Ethics Town Manager Sugerman - In your packet, you will find the draft that the Mayor and I have put together. The draft incorporates a few basic thoughts. We fashioned the proposed Code of Ethics for the Town of Highland Beach based upon what is already contained in Florida State Statutes. Florida State Statutes Section 112 provides details on how Florida local government should be acting ethically, what are the possible ethical violations, and what should be done in case someone has violated the state code of ethics. We used the model from the state statutes instead of creating our own Ethics Commission here in Highland Beach. We are suggesting that if somebody wants to bring an ethics complaint against an elected or appointed official, they can do so. Our proposal is for them to direct their complaint to the State of Florida Commission on Ethics. Our ethics code will have in it the step by step procedure on how an individual would file an ethics complaint. Iri essence, they would go to the Town Clerk's Office and ask for a form submitting a complaint to the State of Florida Commission on Ethics. Let me touch briefly on a couple of the issues that the • code will deal with: conflict, conflict of interest, corruption, disclosures, taking of gifts, how gifts are treated, material interest, contracts, and will define relationships with relatives. The last thing that I might mention is the reason that this is coming forward now, and why the Mayor and I feel the Town Commission should adopt its own Code of Ethics, is that in November of 2010, there will be a county-wide ballot referendum issue about each individual municipality opting in or opting out of the County Code of Ethics. Some of us are a little concerned about the Town of Highland Beach participating in what it is that Palm Beach County is going to do as far as ethics. The Mayor .and I feel we should not be lumped in along with all of the other municipalities in Palm Beach County, and that we should have our own Code of Ethics. If this is adopted some time over the summer and put in place, we could then say to our citizens that the Town of Highland Beach has already adopted our own Code of Ethics and see no reason why we should opt into the Palm Beach County ethics problems. Today is a workshop meeting, so this item is on the agenda for purposes of discussion. Mayor Newill - My strong involvement in this is because I so strongly believe in home rule. We should take care of our ethics here. If you read the newspapers, you see every week where the County is building their own bureaucracy, spending more dollars and having to enforce and administer their own ethics. We are better off keeping that in Highland Beach. We do not have the problems the county has nor will we ever have the problems the county has. If we did, it would be covered under this ordinance. I feel strongly about the state law on this, because the enforcement is in their hands. If it is found to be somebody just trying to create a problem or make a name for themselves, it will not work. If the state finds that the complaint is frivolous, then the L~ Town Commission Workshop Minutes April 26, 2010 Pa eg 4 of 7 complainant would end up paying for all the costs of the investigation. Then it would become • public and be opened to a lawsuit from the person whom the frivolous lawsuit was against. Town Attorney S1ineX - I like the ordinance, as it puts the Town on record on the subject, but does not re-invent the wheel. When this topic first came up, I initially was concerned. I thought perhaps the ordinance would have its own set of criteria unrelated to Chapter 112. I think what you did is very good. You reference 112 and you did not set up a new bureaucracy. I also like the fact that it does re-enforce home rule and feel that the Commission should adopt it. Commissioner Pa Ig iaro - I strongly support this, but want to be sure it is explained to the residents why we are adopting our own ordinance. Mayor Newill -The Town Manager and I will be available to attend condo and homeowner association meetings to discuss this ordinance. Town Mana eg r Su eg rman -The ordinance will not be ready for next week's meeting, but will be scheduled in the near future. B) Authorizing the Mayor to Sign an Architectural & Engineering Services Proposal - Refurbishment of Police Department Offices Town Mana eg r Su eg_ rman -Now that the determination has been made by the Town Commission • that the space formerly occupied by the Cultural Advisory Board is going to be available for use by the Police Department, we would like to proceed with the reconfiguration of that space to meet both the operational needs of the department, as well as make the space more customer accessible friendly for the public. In order to do that, it is necessary to hire anengineer/architect who can sign and seal a set of construction drawings from which a contractor can bid on the refurbishment work. From the set of drawings, the contractor can then obtain from the Town the necessary and appropriate building permits to allow the construction. Chief Hartmann has invited Manuel Synalovski, LLC to provide us with a proposal for developing the necessary construction documents, coordinating the bidding and permitting, and conducting contract administration once construction begins. A description of their Scope of Work and their fee for performing this work, along with a recommendation from Chief Hartmann, can be found with the agenda materials. In addition, this firm specializes in new construction and refurbishment of police facilities. There is one other issue that needs to be dealt with in the awarding of this contract. When we put the 2009- 2010 annual operating budget together, we did not know that the space occupied by the Cultural Advisory Board would potentially be turned over to the Police Department for their use. Because of this, the Police Department budget does not have a line item to cover the $25,000.00 for design and engineering fee. In order to award this contract, we would have to use money from the General Fund- Reserve for Contingency line item. As of February 28, 2010 the $400,000.00 Reserve for Contingency line item had $192,434.52 encumbered, leaving an unencumbered balance of $207,565.48. The $25,000.00 expense for this contract for architectural and engineering services could come from the Reserve for Contingency line item account #001-590.000-5090-599.000. • Town Commission Workshop Minutes Apri126 2010 Page 5 of 7 Mayor Newill -Stated he was very supportive of the Chief's plan. Felt that way five years ago • when the area was assigned to the Cultural Board. Their activities should have been held in the library. At some point in time, the Commission will have to send to the voters of Highland Beach, a referendum question authorizing tearing down this building and authorizing a replacement that provides additional parking. Commission Pa lg iaro -Very impressed with the firm's qualifications and material presented. Have you visited any of the buildings that they have refurbished? Chief Hartmann -The only one I have visited was Lighthouse Point. Saw it before and after the refurbishment. Very impressed. Commissioner Sorrelli -When the construction is being done, where will the Department operate from? Chief Hartmann -This layout gives us the square footage without any major construction issues. Mayor Newill -Are there any provisions for a holding cell? Chief Hartmann - We are not looking at that due to the low number of arrests. Commissioner Trinley -Will people be able to still walk from the front of the building through to the post office? Chief Hartmann -Anew set of double doors will be installed into the receiving lobby of the police department. The hallway will not change. Town Mana er Su e~ rman -This item could be placed on the Consent Agenda authorizing the Mayor to sign the proposal and appropriating the money from the Reserve for Contingency line • item. Authorization and appropriation to be included on Apri16, 2010, Consent Agenda 7) MISCELLANEOUS -ITEMS LEFT OVER A) Minutes March 2, 2010 -Regular Meeting March 17, 2010 -Attorney/Client Private Session Minutes to be included on April 6, 2010, Consent Agenda. 8. REPORTS -TOWN COMMISSION Commissioner John Pa lg iaro - 1) Distributed an article he found in the Sun Sentinel describing signs being installed by FDOT in Boca Raton on AlA and East Camino Real. The signs being installed ask motorists to give 3 foot clearance to bicyclists and asks the bicyclists to ride no more than two abreast. Would like to recommend that the Town Manager contact FDOT to pursue this and find out if there is any possibility of these signs being installed at each entrance to Highland Beach. Believe community safety is important to the residents in Highland Beach. 2) At the Mayor's coffee this morning, one resident was upset because the "National Speed Trap Exchange" is listing Highland Beach as a speed trap. The actual quote is: "Police hide at • the south entrance of the town and in the middle of the town. Actually, the entire town of Town Commission Workshop Minutes Apri126 2010 Page 6 of 7 Highland Beach is one big speed trap. Police are always there waiting to catch anyone going • over the 35 mile speed limit." At least people reading this will watch their speed driving through town. Commissioner John Sorrelli -How are we doing with the water main project? Town Manager Su eg_rman - Before I left, they were just slightly behind schedule and under budget. I understand they are ahead of schedule and still under budget. Comm. Sorrelli -The contractor is very neat and accommodating. Town Manager Su eg rman -The Town went out on a limb in awarding them the contract as they were the second low bidder. We were delayed because the low bidder took the issue to court. We have found the contractor to be conscientious and sticking to the schedule. The project will be finished on time and under budget. September 28~' is the substantial completion date, with the final completion date being 30 days after that. Commissioner Trinley - No Report. Vice Mayor Zwick -Absent Mayor Newill -The 9t'' Coffee with the Mayor was held this morning. Despite the weather conditions, we had 15 attendees. Items discussed were: speed signs; Milani Park; permits; water lines; financial statements; and the Complete Count Committee. The next Coffee with the Mayor is scheduled for July 26~'. On behalf of the Commission, I would like to thank the Complete Count Committee Members -Lou Stern, Gerry Pagliaro, Mary and Max Angel, Dennis Sheridan and Ronnie Svenstrup. In addition, I want to thank St. Lucy's for allowing us • to place a banner on their property. 9. REPORTS -TOWN ATTORNEY • No Report. 10. REPORTS -TOWN MANAGER Establishment of signage on AlA is something that we do by vote of the Commission. If the Commission wants additional signage, it would have to be an agenda item with a vote. Will schedule the signage as an agenda item when Commissioner Pagliaro returns. Just a reminder that after this meeting, we are scheduled to go into a Closed Door Strategy Session regarding the collective bargaining agreement.. 11. CONSENT AGENDA None 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING No Comments. • Town Commission Workshop Minutes Apri126, 2010 Page 7 of 7 13. AD TOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Workshop Meeting at 2:15 PM upon a MOTION by Commissioner Pa liaro; seconded by Commissioner Sorrelli. APPROVED: • Jim N,p./will, CPA, Mayor ='IG~ Miriam S. Zwick, Vice Mayor 6-~ ~- ~", Doris M. Trinley, Commissio' er J orre ', Co issio Q ~ ~t~l:.~-a-~•~~ John J/.Pagliar~; (~ommissi~er ATTEST: z~~ B erly M. Br wn, MM ~/~ a