2013.01.29_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, January 29, 2013 1:30 PM
Mayor Bernard Featherman called the Workshop Meeting to order in Commission Chambers at 1:30
PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner
Doris M. Trinley; Commissioner Dennis J. Sheridan; and Commissioner Louis P. Stern. Also present:
Town Attorney Glen Torcivia; Town Manager Kathleen Dailey Weiser; Town Clerk Beverly Brown;
Finance Director Cale Curtis; Public Works Director Jack Lee; Chief of Police Craig Hartmann;
Assistant to the Manager Zoie Burgess; 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 Town Clerk.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
Mayor Featherman asked for any additions or deletions. Receiving none, the agenda was accepted
as presented.
2. PUBLIC COMMENTS AND REQUESTS
Carl Feldman, 3210 S. Ocean Blvd — I witnessed something that really disturbed me this past week. I
was travelling south on AIA about 6:15 just before the Coronado Condominium and there were four
people crossing. I stopped the car at the crosswalk and let them go by. At the same time, coming up
were a pack of bicyclists. They were six abreast, and approximately a hundred of them This couple
with the two kids stopped in front of my car and the bicyclists almost ran them over. They would not
stop. I got out raising my hand, trying to stop them, but they would not stop. I know we have had
some problems and I was wondering if there is anything we can do when they don't stop for
pedestrians. If we wanted to test it; they come through certain hours of the week and the day; we
could get someone to go out to the crosswalk and have the Police Department there. Can they do
anything? When all of you Commissioners ran for your position that was one of the things that you
said you were looking for, bicycle and pedestrian safety.
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January 29, 2013 Page 2 of 13
Mayor Featherman — I know our Police Department has been giving out tickets but I would like our
Commissioners to comment on it. Comm. Stern — There should be something we could do and I
believe that this time it lies with our Police Department to issue tickets. Comm. Sheridan — I reiterate
that I think we should coordinate something with the Police Department and see what they advise us to
do. Comm. Trinley — You have to see them in action. It is one thing that Mr. Feldman met up with a
group of them, but there was nobody around to corroborate that they were riding and intentionally not
stopping for pedestrians. I don't know how you stop that unless you see them in action on the spot.
Vice Mayor Brown — I don't think we should set a "trap ". I do believe our Police need to be out there
and stop them. Don't wave at them; just stop them and give them a ticket. I have had complaints from
people crossing at another crosswalk with the same thing and it is on Saturday morning when there is a
massive amount of bicyclists and they feel that they are unstoppable. Mayor Featherman — I tend to
agree with everybody here. I know the Police Department has given out tickets in the past. It is
impossible to be everywhere when you are checking the roads and the motorists going by. However,
this is a problem to our residents. We should have signs put up just like they have as you go over
Spanish River into Boca. There are two big signs about riding two wide and also we should put
something up that they would be subject to a fine if they do not adhere to the rule. Comm. Sheridan
— Maybe we could put that flashing trailer we have in the back. We will have to clear it with the Chief
and see what he says.
Jack Halpern, 4511 S. Ocean Blvd — As a resident here in town for the last seventeen year's, over the
last couple of years it has really gotten horrendous with the bikes. I would suggest that all we need is
our Police out there on a Saturday or Sunday morning when they are riding in packs of fifty to
seventy -five. When we go to cross to walk our dog, the cars stop but we have to watch out for the
bikes because they don't stop, ever.
I had the opportunity to sit in, not as a member but sit in as a member of the public, with the Selection
Committee for the Coastal Engineer for the Town, in which, you will hear about later in this meeting.
There were six submittals, again I was not a member of the committee, but I had a chance to listen to
the discussion of the Selection Committee and read the six submittals. I felt the committee did a very
thorough job and I am here not only to praise but endorse their recommendation of Coastal Planning
and Engineering out of Boca Raton, Florida. I have no personal relationship with them, nor do I know
anybody who works for the company, so I will say that as well. I am somewhat familiar with their
professional work because several years ago when Boca was doing work on their beaches, I was
evaluating some of their reports and its impact on Highland Beach on the north side of town. I did get
a chance to see their work, and I can see that they really know our coastal environment. The other part
that I like about them is that they are a small firm that is focused on the coastal environment instead of
a twenty thousand, thirty thousand person firm who does everything in the world. I thoroughly
endorse what this committee came up with and recommendations and I hope this Commission also
feels the same way.
Comm. Sheridan — May I say a word going back to the bicycles. I believe it was three or four weeks
ago. At the 7:30 service at St. Lucy's that gets out about 8:10 in the morning and we do have a
policeman directing traffic at that time. I witnessed the policeman, who was directing traffic, stop two
of these bicyclists who refused to stop when the cars were ordered to stop, pull them over and he did
give them a citation. Mayor Featherman — I believe the police have been trying to help but they are in
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so many different places to do things that it is very difficult. If we are giving them directions to give
tickets then they should give tickets to stop this once and for all.
3. PRESENTATIONS:
Town Manager Weiser — We have a surprise presentation Mr. Mayor. As many of you know our
Mayor attended the 2012 Advanced Institute for Elected Municipal Officials held October 26 thru
October 27 last year in Coco Beach, Florida. This is the class elected officials go through so they can
learn everything they ever wanted to know or not know about being an elected official. Once they go
through the first class, they can go through an advanced class. Our Mayor did that and we want to
present you with this Certificate of Completion awarded to Mayor Bernard Featherman of the Town of
Highland Beach.
4. BOARDS AND COMMITTEES
A) Board Correspondence:
• None
B) Board Action Report:
• None
C) Board Vacancies:
• Board of Adjustment & Appeals — Two Appointments
• Board of Adjustment & Appeals — Re- Appointment
Interview:
Ruth Samuels — 3700 S. Ocean Blvd.
Stated that she had been a resident of Highland Beach for 12 years. Previously served on
the Beaches and Shores Advisory Board; Charter Review Baord and one term on the
Board of Adjustment. Would like to continue serving on this Board.
Consensus was to include re- appointment on the February 5, 2013 Consent Agenda.
• Code Enforcement Board — One Appointment
• Planning Board - Re- Appointments
Interview:
Stephen Golding — 1101 Highland Beach Drive
Have been a resident since 1991. Just completing a term on the Planning Board and
looking forward to serving another term. In response to Comm. Sheridan, Mr. Golding
stated he was a Certified Public Accountant.
Consensus was to include re- appointment on the February 5, 2013 Consent Agenda.
D) Monthly Board Meetings
• Beaches & Shores Advisory — February 12th — 9:30 AM
• Planning Board — February 13' — 9:30 AM
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January 29, 2013 Page 4 of 13
• Bd. of Adjustment — No Scheduled Meeting
• Code Enforcement — No Scheduled Meeting
• Boards Appreciation Luncheon — February 22 at Noon
5. PROPOSED ORDINANCES AND RESOLUTIONS
A) ORDINANCE NO. 13-0010
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, PROVIDING THE TOWN COMMISSION
WITH THE FLEXIBILITY TO CHANGE THE ORDER OF COMMISSION
AGENDAS, AMENDING THE CODE OF ORDINANCES, PART 1, CHAPTER 2,
ADMINISTRATION, SECTION 2 -28, RULES OF PROCEDURE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
Town Clerk Brown read Ordinance No. 13-0010, title only, into the record.
Discussion
Town Clerk Brown — This proposed ordinance amends the Code of Ordinances to provide flexibility
within the Order of Business (Agenda) of the Town Commission. Presently, the Code specifies the
order of business with no flexibility to change it. This ordinance will provide flexibility in the order of
items, rather than mandating it. A prime example would be the "Consent Agenda." Presently, the
Rules of Procedure calls for the Consent Agenda to be at the end of the meeting. Under "Roberts
Rules of Order," the Consent Agenda is recommended to be at the beginning of the meeting in case an
item is removed for further discussion by the Commission.
Consensus was to include Ordinance 13-0010 on the February 5, 2013 Agenda for First Reading.
6. NEW BUSINESS
A) Approve the request of the Beaches & Shores Advisory Board to sponsor a town -wide
Beach clean -up day on April 8, 2013 and authorize an expenditure of up to $500.00 from
the Contingency Account.
Town Manager Weiser — This is an event the Beaches & Shores Advisory Board does once or twice a
year. They are asking to hold the town -wide beach cleaning day on Monday, April 8 th and we always
supply the bags, gloves and water. This year they are also asking for a one time purchase of twenty
(20) trash grabbers and they anticipate that this will cost less than $500.00. Comm. Trinley — In terms
of the beach clean-up, how are they going to approach the south end of town where there is still
trouble with the results of the hurricane? Mayor Featherman — The southern part from the Holiday Inn
down has really been hit very hard. I made another inspection of the beach and the sand is coming
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January 29, 2013 Page 5 of 13
back. This would apply to the entire beach where we can get it all cleaned up. Comm.Trinley — With
the severity of the south end of town, how are they going to approach it? I have not seen it myself but
according to some reports it is in pretty bad shape. What are they going to clean up? Mgyor
Featherman — They are going to have volunteers and I think we have to give them kudos for doing
that; get out, clean up the beach, get all the debris off so it is brought back to a semblance of a clean
beach. Vice Mayor Brown — The south end of town is not as bad as what you perceive it to be.
Everything pretty much has been put back in place. As far as the sand, they had to truck some in to
control the dunes. There is a sandbar about 3 /4 mile off that is actually washing back up and
replenishing our beach. The problem is the tremendous amount of plastics that comes in with all the
boats and everything stirring up out there. That is mainly what they are picking up and they only go
up to the dunes and down to the water. It is backbreaking work and they want the grabbers so they
don't have to bend over. There is a lot of debris out there.
Consensus was to include item on the February 5, 2013 Consent Agenda.
B) Results of Coastal Engineering Consulting Services RFQ.
Commission to authorize staff to begin contract negotiations with top ranked firm.
Town Manager Weiser — The Town recently issued what is called an RFQ to engage a company for
coastal engineering services. The company will be providing a feasibility study of basically what our
alternatives are and what the best alternative would be on beach restoration. On January 22nd the
RFQ Ranking Committee that consisted of me, our Public Works Director Jack Lee and our Town
Engineer Lisa Tropepe met and went through the six submittals. Based upon the knowledge of
Highland Beach, experience with similar projects, their proximity to Highland Beach and meeting all
other qualifications that were in the RFQ, the Ranking Committee formed a consensus that the firms
should be considered for contract negotiations in the following order:
1. Coastal Planning and Engineering of Boca Raton and they have a representative in
the audience.
2. URS Corporation of Boca Raton
3. Tetra -Tech of Boynton Beach
At this time I am requesting your approval to move forward with negotiating a contract with Coastal
Planning and Engineering of Boca Raton in order to perform this feasibility study, and I would bring
that amount back to you.
Comm. Stern — What is the quote in dollars that we are going to be expending? Town Manager
Weiser — You don't know that when you are doing an RFQ. You know that when you do an RFP so it
would be negotiated at this point. What I told you before was that it would probably be in the
neighborhood of $15,000. Comm. Trinley — Did I hear you mention beach restoration? Town
Manager Weiser — What it would be is your alternatives for beach restoration. -For example, you don't
know if in the future the residents or anyone would want to do beach nourishment or a rock revetment.
They may want to do seawalls. What this report is going to tell you is what will be the best
alternatives for any type of beach replacement. Mayor Featherman — This feasibility study would give
us an indication of what we should do in the future if weather like this would come up again. We do
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January 29 2013 Pasze 6 of 13
face things that may sound off the edge such as an earthquake, a tornado or even a tsunami with waves
coming in and affecting our homes and also our condos. I know in Bel Lido they had flooding and
these are things we have to look at very closely to find out what we should do and the direction we
should go in. Town Manager Weiser — And we should find out how much those types of projects
would cost. Right now, if the residents along the beach want to do the beach nourishment, we can't
tell you if the cost is two million or twelve million. This feasibility study will give you those costs that
you would have in hand to do those types of projects. Comm. Tri nley — Is the cost of the feasibility
study listed anywhere? Town Manager Weiser — No, you negotiate after you have picked a firm.
Mayor Featherman — However, it is estimated at a cost of $15,000.
Consensus was for the Town Manager to negotiate a fee with Coastal Planning and Engineering of
Boca Raton and to bring back the contract for Commission approval.
7. MISCELLANEOUS — ITEMS LEFT OVER
A) Minutes
January 8, 2013
No corrections received from Commission.
Consensus was to include minutes on the February 5, 2013 Consent Agenda.
8. REPORTS — TOWN COMMISSION
A) Commissioner Stern — No Report.
B) Commissioner Sheridan — Just a point of interest to the residents. One of our residents in our
building, this past week, was taken by 911 to Delray Hospital in complete trauma; shaking and
couldn't control himself whatsoever. He had no idea what it was. He thought it was something with
his heart; possibly that he was dehydrated. On the second day in the hospital, they found a puncture
wound and a large circle on his upper thigh and diagnosed that he had been bit by a spider. This is
the second occurrence of a spider bite; as a matter of fact, they had another one in the emergency
room at the same time. In speaking with Beverly this morning, she indicated that she knew of
another person here in Florida, a little bit north of us, who had the same problem. We had a picnic
the night before and they felt that is where he got the spider bite. I just want to warn the people that
there is a possibility of this happening.
C) Commissioner Trinley — No Report.
D) Vice Mayor Brown — I would like to thank the Police Department for the dog registration they
held a couple of weeks ago. It was absolutely wonderful and everyone in the community was
appreciative of the opportunity to get their dog registered. Plus, you had entertainment and it was a
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January 29, 2013 Page 7 of 13
good time. Also, I would like to say thanks to Jack Lee the Public Works Director. Every time I ask
him for something at Bel Lido, it is immediately responded to and we certainly appreciate it.
E) Mayor Featherman — I was going to talk about the discourteous bikers but I think we have
covered that subject. There is however, in speaking with another Mayor in another town, they provide
a seminar on biking for their residents. They give free biking helmets to residents if the person
attending is from that community. We would like to know if there is a biker who would like to set up
a biking program which would result in us getting between 100 and 150 free bicycle helmets. If
anybody is an avid biker, please come forward or give a call to our Town Manager and she will pass
that on.
There is something that has come to my attention in speaking with a lot of the residents here in
Highland Beach, and that is they would like to change the meeting time we have to 5 p.m. for both the
regular and workshop meetings. The reason being they work and can't get back in time, or people that
are retired would like to come in later and then go out to dinner afterwards. I would like to ask our
Commission members if it is possible to move, on a trial basis of two months, to have our meeting
start at 5 o'clock so we could have more people attending here. On the negative side, I have heard
from several people that it doesn't pull any more people in here who are residents of the town to come
to these meetings by changing the time. I have heard from both sides and I think it would be
advantageous if we could do something a little out of the box. I have gone to Delray where they have
their meetings at 6 p.m. Of course they have a lot more people, younger people, people who are
working and can't go earlier. We do have something here to increase our people attendance, to give
them an opportunity for at least a two month trial, to move our time to 5 p.m. instead of 1:30. Comm.
Stern — I would have no objection whatsoever as to whether we met at 9, 1 or 5 o'clock. Thinking
about meeting at 5 p.m., however, we are involving additional staff time. At least four people I can
think of off the top of my head that would be an additional cost; and I don't know that it would be any
benefit to the town folk that can, for the most part, be here at 1 o'clock. I have no objection; just
thinking of the cost involved. Comm. Sheridan — I have no objection, but after witnessing the turnout
that we had on the three budget meetings, there was a very poor turnout in the evenings. I just don't
think the people of Highland Beach, their age group, would turn out at night anymore then they turn
out now. I have no objection and whatever the Town decides, I will be here. Comm. Trinley — I was
Town Clerk when this was tried by the Town several years ago. It didn't work. We didn't have any
more show up then we have now. As Commissioner Stern said, it involved extra costs with staff, and
it has been my experience that people who want something or need something from the Commission
will show up whatever time. The rest of the folks, they are not particularly interested in the general
goings on and the interest of the Town Commission. I think it would be a futile effort. Vice Mayor
Brown — First off, we would have to change our Code again because it specifies 1:30. Second, we
have six town employees here that we would have to pay overtime if we decide to do it at 5:00. Third,
I don't think it would increase the number of people attending at all; especially at 5:00. Those who do
work, work until 5. I just don't see that the change would increase the participation by our residents;
and furthermore, they have the capability of watching it immediately on Channel 99. If they want to
make input, they can either present a written input for our next meeting or attend the next meeting. I
think the cost and disruption to our town employees would not warrant a change. As Dennis said,
during the time change when we had the budget hearings, we did not have that much participation. I
also have had members of Bel Lido tell me "I stay away because you guys are doing such a good job.
When you do not do such a good job, then I will attend the meetings. That is why I elected you. We
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January 29 2013 Page 8 of 13
expect you to take care of our business." Comm. Stern — I would like to add one more thought to my
presentation. When the need arises, such as Milani Park, I witnessed standing room only. When we
had dune restoration problems, we had a room full. So people will come at 9, 1 or 5 o'clock if they
have an issue.
Mayor Featherman — I can only say, in going around and speaking to various people; it has come back
from at least several dozen people that they feel it should be run in the afternoon when they come
home from work. We do have a number of people who go to work here. We don't have the crowd of
younger people, mostly retired people. However, I have heard from several retired people who said
they would like to come to the meetings, but it is not an opportune time because they are out on the
beach getting sun and fun. We are facing two different dilemmas here. I believe, just like everything I
have done in business, you have to be at the cutting edge and innovate. I believe we would have a lot
more people here at our meetings and the proof is when we had Coffee with the Mayor. We had at
least 90 people there and the time before we had over 100 in this room. People will come out if they
can adapt their times and I feel we should give it a go. Comm. Stern — What time was your Coffee
with the Mayor? Mayor Featherman — They were at 9:30 in the morning. It follows right what you
said. It doesn't matter the time; I am looking at the people who are working still; they would come out
and be here. I would like to see if we could do it if at all possible, for the next two meetings coming
up, both workshop and regular.
Vice Mayor Brown — We will have to change the Code. Town Attorney Torcivia — If you are going to
change, you do need to amend the Code first. It would take two meetings. If you want to go down
that path the earliest you could do it would probably be April. You would have your meeting in
March to read it, in April to approve it and then actually it would probably be May before it would
come into effect. It could be done if the Commission wants to do it. Mayor Featherman — I can't see
why we can't start it later, even though we won't have the critical mass here that we have now of the
people that come down until April. I think it is important that our residents know what is going on and
if they have to state something they can do it at a meeting instead of waiting. Vice Mayor Brown —
We can't act on it today, this is a workshop. I still think the cons outweigh the pros and I don't think it
is going to increase our attendance for such a disruption in the work schedule. We are going to lose a
lot of our employees coming or we are going to pay them overtime, one of the two. Mayor
Featherman — Sometimes we have been spending money where it doesn't matter. If we would give our
employees a little extra for coming here; because that is so small in concerning the amount of monies
we give out, to giving our residents satisfaction and wanting to attend.
Town Manager Weiser — We would need a consensus as to whether or not you would want to bring
back an ordinance to change the Code. Mayor Featherman — Do we have a consensus to bring back a
Code change, even if it is on a temporary basis? Comm. Stern — I would like to see us postpone this
request until we redo another budget and if we want, at that time, to include it in the budget as an
additional expense, I would consider it. Comm. Sheridan — I really don't see the feasibility of
changing it. What I would like to do is ask the people in the audience here what they think about it.
The ones that come here all the time should have something to say about it also. As I said before,
whatever the Commission decides; what time they decide; I will be here. In the past, as our past Town
Clerk has mentioned, it has been tried on several occasions and has not worked. Why is it going to
work now? Comm. Trinley — No. Having lived through it the first time, I think it would be a futile
effort. Vice Mayor Brown — No!
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January 29, 2013 Page 9 of 13
Mayor Featherman — I would like to do something just out of curiosity; because there were things told
to me in business that couldn't be done and it was done. By a raise of hands, how many would like to
see us change the time to 5 p.m. to give residents an opportunity, who either work or can't make the
1:30 meeting to attend? (No hands were raised) How many people feel we should have it at 5 p.m.?
(No hands were raised). How many people would come either time? (Comments from audience
requested that this line of questioning end.) A preponderance of the people here today, votes against
it. However, I am asking the Commissioners if they want to put this on the Consent Agenda. Comm.
Stern — I do not. Comm. Sheridan — I do not want to include this. Vice Mayor Brown — No. Comm.
Trinley — No.
Mayor Featherman — The next item I would want to talk about is the walkway. This has come back
several times and now they are talking about putting asphalt on the walkway. If it is the intent within
the next two to three years to put in a completely new walkway, why should we waste the money and
the time by not repairing the walkway as we agreed upon at the $75,000 cost? We voted and approved
it. Comm. Stem — If, in fact, we do get it in a new budget to completely repave by concrete within the
next two to three years, then I think repair is definitely in order because we approved it. However,
there was the possibility that we could have done a blacktop on the entire length, one inch thick, that
would have been very attractive for the next two or three years. I think the last report was that it was
too expensive so I think you are correct. We should be repairing, for safety reasons, the path for the
$75,000 which was approved. Town Manager Weiser — If you notice under my item, I was going to
mention that the bids coming back for the walk path for resurfacing was going to be in this Thursday,
and I am going to present it at our next meeting. You will have that choice as to whether or not you
want to make the expenditure for the overlay. You will be able to compare it to the $75,000 budget
amount that was approved in this year's budget. Mayor Featherman — We all agree we should hold
off until we get the pricing.
Mayor Featherman — The last thing I would like to talk about is that we were going to have a branding
of Highland Beach. That is, something we could call it; whether it is "beaches, fun, sun and the best
place to live" and we are looking at that because in the past we did get some information on it. Is
there a feeling by the Commissioners that we should go at that full hearted now and get information
back from our residents as to whether they are interested or not? Vice Mayor Brown — I think a
branding along with a streetscape is what we talked about a couple of times, so I think they should be
tied into redoing the walkway. I think that at that point in time we should put, along with our
streetscape if you will, the Highland Beach logo at various places along the walkway. That should all
be tied into one project not separate projects. Comm. Trinley — I like very much what the Vice Mayor
just said. I agree. Comm. Sheridan — I agree also fully that when we are doing the walkway at a
complete stage, not just repairing or resurfacing, that's the time we should change the logo. Comm.
Stern — I think we should commence with finding a brand now and not go into a crunch period at the
same time in trying to do the streetscape. Even though it was tabled for the future, I would like to see
us, in earnest, try to find ourselves a brand for the Town even if we don't flash it out there yet. It is
time to do it. Mayor Featherman — Maybe we can reconsider that at another meeting, but I wanted to
get that out so people would hear it and get an indication as to whether we should go on with it or not.
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January 29 2013 Page 10 of 13
9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA:
No Report.
10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER:
Town Manager Weiser — The Walk Path Resurfacing Bids will be opened this Thursday and we will
have that on your meeting for next Tuesday to discuss if you want to go ahead with the resurfacing.
The new trash cans for the beach have arrived and will be replaced this week. The cost of those came
in way under what we proposed. Nine (9) trash cans came in for just roughly over $4,400.
We received a notice that we have been asked to disseminate the Florida's Foundation in
cooperation with the Florida Division of Emergency Management who is going to be holding two
workshops for homeowners. It is on ways to strengthen and protect their homes before a disaster
strikes. The specifics are things that you can do to mitigate anything to protect their homes. These
workshops are going to be held on Thursday, March 21, 2013, one at 3:00 and one at 6:00. We are
putting this information out to all the Homeowner's Associations and you will probably hear more
about this.
Finally, some not so good news, but good news for Jack Lee. He has submitted his letter of
retirement. He is planning on retiring at the end of this year on December 27` I just want to let you
know that it is in the makings.
11. CONSENT AGENDA
None.
12. PUBLIC COMMENTS AND REOUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Mike Ferrara of Boca Highlands — I have been a resident of this town for over 30 years, and I have
watched Councils of all sorts working agenda problems. I am going to direct my attention at this
moment to changing the meeting time. In my lifetime, and I am an Attorney for over 60 years
representing municipalities, counties, organizations and associations, the meeting date is always a
problem. I don't care what hour of the day you put it. When you have a problem, people will be here.
I made a statement over the years in my public life: "If you really want to have an audience, create a
problem. They will be here ". I am very serious because I have lived with it as a Borough Attorney, as
a Town Attorney, as an Association Attorney, you name it. When people are happy with the way
things are going they don't bother coming to the meeting. It is unnecessary so to speak. You people
are elected to do the job. If you don't do the job, we will be here. So I am suggesting Mayor, the
thoughts that you might get from a dozen people, young people, old people you will hear them. The
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January 29 2013 Page 11 of 13
Commission has been doing a pretty good job all the years I have been here and I am hoping it will
continue in the future. What you are trying to do is satisfy the public because they are the
stockholders; you are the Board of Directors.
I have known Jack Lee for a number of years and of all the things that have gone on in this Town,
there has always been a favorable reaction to the Building Department and the operations that have
taken place. You have people in your professional staffs starting with your Clerk, Manager and
Attorney who are functioning very well. You may agree or disagree but their job is to keep you
straight. I thank you as a citizen and a taxpayer for over 30 years and appreciate all your work.
Carl Feldman, 3210 S. Ocean Blvd — We have the Beaches and Shores who are doing a great job with
the volunteer clean-up, but we also have a company who operates in Highland Beach which I don't
think anyone has control over. That is the Beach Raker. We pay him thousands of dollars a year; all
of the condominiums on AIA pay him also. I was wondering if someone from the Town can organize
what they are doing in helping on the beach clean-up. They have a new piece of equipment, which I
gave a flyer to the Town Manager a couple of weeks ago; it is called the handheld raker. I understand
this handheld raker can get into the dunes and won't upset the beach grasses. If they could come the
day before the town clean-up, they could pick up all the big debris. I was hoping that there was some
way that the Town could oversee, at least find out what these beach rakers are actually doing in the
Town. This is a corporation working in the Town. No one condo seems to control them but we all
pay them. I think if they are given some guidance by the Town, I don't know which town office
would do that, it would be a great help to the Beaches & Shores and also to the whole town since we
pay right now to have it cleaned by the individual Homeowner's Association.
Mayor Featherman — Cale, do you have someone who checks our costs at all? Town Manager Weiser
— That is all private. Those are private contracts with that company. We have no involvement at all
with this company. Mayor Featherman — Perhaps we could have somebody from our office that could
go out and see what these folks are doing. Town Manager Weiser — We can't. We do not have any
jurisdiction over that portion of the beach. That is the portion of the beach that the people are hiring
the raker to do their own private lawns. We don't have any say over that. Mayor Featherman — Is it
for the entire beach? Town Manager Weiser — It's where they come up to their own property. Mayo
Featherman — Cale, maybe you can give us a report on that. If it is for the people specifically, or the
entire beach and they are paying their portion and you don't know what it is. I understand it is private
but I think we really need a double check on this. Finance Director Cale Curtis — The Town Manager
is trying to explain that we do not hire or oversee what that company is doing. Individual homes or
condos are hiring a company to come out and clean their beach. The Town would not have any
oversight in that matter. The condo or individual homeowner would. Mayor Featherman — In other
words, they could get a small group themselves to check it and report back , to us. Is that correct?
Town Manager Weiser — They do not need to report back to us. We have no more say then who you
hire as a pool contractor. Mayor Featherman — Okay, I will buy that, but somebody will be able to
check it from the people who are now using them and report back to all of the condos and homes on
the beach by getting them together. It is almost like a union but you are doing that with the owners,
the account managers and the private homes that would report back to them; that it is their job to do it.
Perhaps they would like to set up a committee to make sure they are getting their value.
Town Commission Workshop Minutes
January 29 2013 Page 12 of 13
Ron Clark, 4750 S. Ocean Blvd - Boca Highlands Beach Club and Marina community and Aberdeen
Arms — As a manager in the community, particularly the Boca Highlands Beach Club and Marina, I
work closely with our Centerboard Manager Ed Fanning. We do manage our own beach raker very
closely, who comes three times a week, and reports to our Manager with regards to cleaning up the
beaches as to what our requirements are. I can tell you that this is a private entity. Our community
pays through their dues to have this done as do the other condominium associations up and down the
coast and private homes. Very specifically, you can contract this service for as many days as you
want. You can have it done one day, two days, three days, however you want to set up your own
individual contracts. My suggestion for the Commission as far as oversight, if this is something you
are looking at and maybe it already exists, is a code to require property owners to clean the beaches
and what that would entail. Maybe you can set up something that says it has to be done three days a
week, two days, one day or at least minimally on an overall basis. It seems to me that if you are
looking for an oversight it would have to come in a code and a code enforcement aspect. I don't know
how that would actually work but that is something you can cover with your Attorney.
My real reason for coming up here today is with regard to the walking path. As this Commission
knows, I had a lot to do with the strategic planning process for Highland Beach and the Planning
Board. One of the major items of this town in the survey and the strategic plan had to deal with the
walking path. I have been doing some research on it and as you know, I also work in some other
communities dealing with sidewalks and walking paths. Since this will be coming up for a review
and you will be reviewing bids and proposals and deciding whether to overlay which seems to be the
way the Commission is going at this point. I want to make sure that everybody understands and,
maybe you can have the Town Attorney research this a little and give a report, if you walk the path
you have a lot of tripping hazards. It is a public path and I believe it comes under ADA regulations in
some regards. ADA regulations state that anything over a quarter inch tripping hazard is a hazard
under the ADA and is something that needs to be addressed. By recognizing that we have tripping
hazards, we already lay ourselves open to any kind of potential ADA claims as well as personal
liability suits should there be any kind of tripping or issues on that basis. Maybe at your next meeting
I would ask the Town Attorney to review that and maybe add a little bit of that aspect for
consideration.
13. ADJOURNMENT
There being no further business to come before the Commission, Mayor Featherman adjourned the
Workshop Meeting at 2:32 PM upon a MOTION by Commissioner Sheridan and seconded by
Commissioner Stern.
Town Commission Workshop Minutes
January 29 2013 Page 13 of 13
APPROVED:
V%--�--� l
Bernard Featherman, Mayor
Ron own, Vice Mayo
Dori . Trinley, Commis r —�
Dennis J. Shen C mmissioner
o P. Stern, ommissioner
ATTEST
B verly M. Br wn, MMC
Date