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2014.02.25_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, February 25, 2014 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 Dennis J. Sheridan; Commissioner Louis P. Stem; and Commissioner Carl Feldman. Also present: Town Attorney Brian Shutt; Town Manager Kathleen Weiser; Town Clerk Beverly Brown; Finance Director Cale Curtis; Public Works Director Edward Soper; Police Chief 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 submitted. 2. PUBLIC COMMENTS AND REOUESTS; Rhoda Zelniker - 3912 S. Ocean Blvd. I would like to thank the Commission for hosting the wonderful luncheon at the Delray Sands Resort in Highland Beach. The purpose of this luncheon was to thank all the members who volunteer their time to the different boards in the Town. 3. PRESENTATIONS: No scheduled presentations. Town Commission Workshop Minutes February 25, 2014 Page 2 of 8 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • No Report C) Board Vacancies: • Code Enforcement Board - One Appointment D) Monthly Board Meetings: • Planning Board — March Meeting Cancelled • Town Commission Special — March 12 — 1:30 PM • Beaches & Shores Advisory Board — No Scheduled Meeting • Board of Adjustment & Appeals — March 26 — 1:30 PM • Code Enforcement Board — No Scheduled Meeting 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 14-0010 - Second Reading and Public Hearing 3/4/2014 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE TOWN OF HIGHLAND BEACH TOWN CHARTER; AMENDING ARTICLE I "GENERAL PROVISIONS", SECTION 1.06 "TOWN COMMISSION CREATED; ELECTION; TERMS; TOWN CLERK; QUALIFICATIONS OF ELECTORS; GENERAL ELECTION LAW" TO ESTABLISH THE TOWN'S CANVASSING BOARD; ESTABLISHING THE DATE OF MARCH 11, 2014, FOR THE REFERENDUM; PROVIDING A BALLOT TITLE AND QUESTION; PROVIDING FOR NOTICE AND ADVERTISING OF THE REFERENDUM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. CHARTER AMENDMENT APPOINTING THE TOWN'S CANVASSING BAORD: Shall the Town of Highland Beach Amend its Charter at Section 1. 06, Subsections 7 and 8 to Authorize the Appointment of the Supervisor of Elections of Palm Beach County, The Town Clerk and a Commissioner, Appointed by the Town Commission, as the Town's Canvassing Board? YES NO Town Clerk Brown read Ordinance No. 14-0010, title only, into the record. Town Commission Workshop Minutes February 25, 2014 Page 3 of 8 Mayor Featherman — Ordinance No. 14-0010 is scheduled for a Second Reading and Public Hearing at next week's regular meeting. Does anyone on the Commission have any further comments or questions? Consensus was to schedule Ordinance No. 14-0010 for a Public Hearing and Second Reading at the March 4, 2014 regular meeting. B) ORDINANCE NO 14-002 O AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING ARTICLE IV, "ZONING DISTRICTS," OF CHAPTER 30, "ZONING CODE," OF THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 30-68, "SUPPLEMENTAL DISTRICT REGULATIONS," TO MODIFY THE PUBLIC NOTICE REQUIREMENT FOR DOLPHINS, FREESTANDING PILINGS, BOAT LIFTS AND MOORINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 14 -002 O, title only, into the record. Vice Mayor Brown — We had one of our residents talk about notifying those people who live in Bel Lido Isle because there is a large body of water to the north and to the south. Therefore, if one person is on one side of the body of water, it may not be 300 feet to the other side of the water and that person may not be notified. I would like to add something to the effect that in Bel Lido Isle, in addition to property owners within 300 feet, all property owners within 1,000 feet shall be notified by regular mail; not certified mail. Is that possible to do? Comm. Stem — I am in favor of that. It would possibly be a few letters and regular mail would not be a great expense. Comm. Feldman — Could this be done legally? Town Attorney S — It can be done if you provide for this in your Ordinance. Comm. Feldman — I agree then. Comm. Sheridan — I agree. Consensus was to amend Ordinance 14 -002 O and schedule for a Second Reading and Public Hearing at the March 4, 2014 Regular Meeting. . C) RESOLUTION NO. 14 -003 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA DECLARING THE ELECTION FOR ONE (1) MAYOR/COMMISSIONER SEAT TO HAVE BEEN HELD ON THE 11' DAY OF MARCH, 2014 TO BE UNNECESSARY SINCE THE ONLY CANDIDATE WHO QUALIFIED WAS UNOPPOSED. Town Commission Workshop Minutes February 25. 2014 Page 4 of 8 Town Clerk Brown read Resolution No. 14 -003 R into the record. She also read the Statute regarding unopposed candidates. In order to certify that the Town has elected one person as Mayor, it is necessary to pass this Resolution. Consensus was to include Resolution No. 14 -003 R on the March 4, 2014 Consent Agenda. 6. NEW BUSINESS• A) Commission to consider amending Town Code to require Piling/Grade Beam Surveys and Inspections. Town Manager Weiser — At the Board of Adjustment and Appeals hearing held on February 18 there was a consensus of the Board members to bring you the idea that we add an extra inspection on houses being built for pilings and grade beams. As of now, the house does not get inspected until they pour the slab. In the case heard by the Board of Adjustment, there was already something wrong with the pilings; so it didn't get inspected until they had already poured the slab. This will alleviate that situation. They are recommending that you charge the Attorney with going ahead and changing this portion of the Code, to add an extra inspection and survey for pilings and grade beams, to make sure this doesn't happen again. Barry Donaldson, 3700 S. Ocean Blvd (Chair/Board of Adjustment and Appeals) — Typically, they do an inspection after the survey prior to the placement of the building on the site, and prior to putting up the batter boards, to pour a slab on grade. There are many structures in the town that are actually elevated and built up on piles, so the inspector does not get the opportunity to inspect it until they get up to that point. In the case we just reviewed, it was too late. Walls were up before the error was noticed. If we expand the opportunity for the inspector to receive a certification from the people doing the survey and placing the structure, then he knows in advance that it is being placed properly. Vice Mayor Brown — Is this also a problem away from the ocean? Mr. Donaldson — The piling issue, where it is elevated, more commonly does occur on the ocean side. Vice Mayor Brown — In Bel Lido, we all have to have pilings. I think this should be added to the building code for everyone building in Highland Beach, not just the ocean side. Mr. Donaldson — I agree. That was the intent of the discussion at the board meeting. Consensus was to have the Town Attorney rewrite this section of the code. 7. MISCELLANEOUS — ITEMS LEFT OVER: A) Commission to consider three additional alternate items for inclusion with the Town Hall Renovation Project: Town Commission Workshop Minutes February 25, 2014 Page 5 of 8 1) Hurricane Impact Windows: Comm. Stern — It was not brought up until well into our conversations that impact windows were not being considered for that part of the new building. We thought that there might be some savings if we did it all at one time for the whole building. I see no reason why it has to be done immediately. It is something to consider and we could work it into our budget for the next season and do the whole building at the same time. Comm. Feldman — I would not want to see the $45,000 for the windows be added onto the project at this point. The windows we have now are hurricane shuttered. I think we should put this off for a later date. Comm. Sheridan — I totally agree. Vice Mayor Brown — I totally agree that we do not need to add more costs to our project. This is something we could put into our budget for next year. Mayor Featherman — I tend to agree with all of your thoughts and we should put this off until a later date. 2) Quantity two additional parking spaces Town Manager Weiser — This was brought up by the contractor. Since there is an issue with parking, we brought this to you because this seems like a relatively inexpensive way to get more parking spaces. They could easily take out the two planters and add two parking spaces. Mayor Featherman — I understand it runs a little over $8,000 to remove that area. Town Manager Weiser — It would run $8,309 to remove it and put in two parking spaces. Comm. Feldman — We could also get two more parking spaces if we utilize the area in front of the generator room. We voted on having a study at a cost of $5,000 for the parking. I would suggest we leave it as a study and not add any more cost to this. Comm. Sheridan — I don't think the additional cost is necessary at this point. I would like to see, someday, that all our employees and the firemen park at St. Lucy's. Vice Mayor Brown — I don't see that two parking spaces for $8,000 is something we need to add to the cost of this project. I don't believe we have problems parking during the daytime. Our biggest problem is when we have the functions at the Library. Mayor Featherman — We are all in agreement that we should not add this cost to the project. Town Commission Workshop Minutes February 25, 2014 Page 6 of 8 3 Fire Alarm System Town Manager Weiser — The Delray Beach Fire Dept. has reviewed the site and found that it is not required by code. Comm. Stern — If there is no need then we do not need to add this to the project. Comm. Feldm — I don't see there is a need at this point. We are almost connected to the Fire Dept. Perhaps we could have alarms here that would ring over to the Fire Dept., should there be a fire. Comm. Sheridan — I don't think it is necessary. Vice Mayor Brown — I also don't think it is necessary. Mayor Featherman - We all agree that we do nothing on this item. B) Minutes: January 28, 2014 — Workshop Meeting February 5, 2014 — Regular Meeting Consensus was to include minutes on the March 4, 2014 Consent Agenda. 8. REPORTS — TOWN COMMISSION: A) Commissioner Carl Feldman - Congratulations to the Mayor. You were re- elected by acclamation. Your accomplishments over the past three years are numerous. Because of you Highland Beach is represented at the Chamber of Commerce, Rotary Club and the Palm Beach Judiciary Committee which you chaired for the past year. Congratulations on your re- election. Stay healthy for the next three years so we may celebrate your 88 th birthday at the end of your term. B) Commissioner Louis Stern - For those who are here and those watching us on Channel 99, I ask that you come to the League of Women Voters this eveninx where we will have our two contestants for the election for Commissioner starting after March 11 . C) Commissioner Dennis Sheridan — I too hope everyone will come tonight and listen to what we have to say. D) Vice Mayor Ron Brown - I think the Mayor has done a great job. We acclaimed the right to have you serve three more years. E) Mayor Bernard Featherman — Recently the Holiday Inn changed their name to the Delray Sands Resort. Many residents were concerned about the hotel being called Delray instead of Highland Beach, but that is something the hotel has the right to do even if some residents are unhappy about it. However, the latest concern is about parking at the hotel. It is not about the valet charge but about the parking on the grass on the street across from the hotel and on property of Highland Town Commission Workshop Minutes February 25, 2014 Page 7 of 8 Beach. The changes in parking are not positive for our Town. (Mayor Featherman read a letter he received from some neighboring residents of the hotel). I am hoping the hotel will address this issue. If not, I urge the Town Manager and our Police Department to be sure that the town rules prohibiting parking on the grass are reinforced. Comm. Sheridan — I know that our Chief has been in contact with management at the Delray Sands and has had several meetings with them. Many of the people who are parking there are trying to avoid paying the fee and it is not the valets. The management and the Police Dept. are aware of this and it has improved over the last couple of days. Vice Mayor Brown — Parking on the grass is against our Code and I don't feel people should park on the grass to avoid the valet parking fee. Comm. Feldman — I believe it is the out of town people and not the residents of our town. I feel our residents respect their town and would not do this. The management at the Sands needs to enforce this and inform the people they cannot park there. 9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: Town Attorney Shutt — I am filling in for Attoney Torcivia today and have no report. 10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER: I am authorizing the Library to put out a letter of interest for an Architect to go ahead and draw up the plans for enclosures. You talked about including this in the budget. They need plans before they can get any numbers for that particular project. Also, I am letting the residents know that when this building is under construction, there will be no Channel 99. You will be able to watch the meetings on our website. 11. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Eric Aronowitz, Police Accreditation Mangier On behalf of Chief Hartmann, he did meet with the hotel manager and the valet manager last week discussing the traffic concerns that were addressed to you, Mayor. We informed them that parking on the swale is not allowed. Some patrons were initially parking on the swale to avoid the valet charge as well as the new traffic directions with the in and out. The valet said they would not park on the swale and advise people not to do that also. The new process was a little hectic but, as they become familiar with it, things should smooth out. Management and valet have agreed to work with the Highland Beach Police Department. There has been a great improvement in the past two weeks and the Police Department will continue to monitor it. If we have to, we will issue traffic violations, parking violations or in extreme cases possibly tow vehicles. George Kelvin, Braemer Isle I want to emphasize the importance of voting on March I I th at St. Lucy's Church between 7 a.m. and 7 p.m. Town Commission Workshop Minutes February 25, 2014 Pasze 8 of 8 Mike Ferrara, 4748 S. Ocean Blvd. I want to congratulate you Mayor and thank you for taking on this responsibility for another three years. I would also like to say that you made the right decision regarding the impact windows. The shutters are stronger than the windows. They are a luxury and I don't feel the windows are needed at this point. Al Craft, 3200 S. Ocean Blvd. I am questioning the question that is on the ballot. Is there a requirement that specifically says this has to be on the ballot? Town Attorney Shutt — The Supervisor of Election has requested that this item be on the ballot. All municipalities in Palm Beach County must conform to this. Mr. Craft — Regarding the Mayor not being on the ballot, I would put you on the ballot because in the future there may be write -in candidates. Unless write -in candidates are prohibited by law, I would leave that option open to the people. Town Clerk Brown — The Florida Statute Chapter is specific about not having unopposed candidates on the ballot. There is no place for write ins. Mr. Craft - Regarding the change in distance of 1,000 feet to 300 feet for public notice, I would leave it at 1,000 feet. I am sure there was a reason from the beginning for the 1,000 feet. I am asking that all mailings be regular mail and not certified if the cost is a factor. Also, I am asking that the Commission consider that whenever there is a variance, a sign be posted on the property to let people know what is going on at that site. 12. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman adjourned the Workshop Meeting at 2:20 PM upon a MOTION by Commissioner Sheridan and seconded by Commissioner Stern. APPROVED: Bern 76 �11_ eatherman, Mayor /�,_ Ron own,VAce Mayor Dennis J. She ommissioner ATTEST: uis rn ommis 'o r Beverly M. own, MMC 6 Car ldman, ssioner Date