Loading...
2015.07.28_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, July 28, 2015 1 PM Mayor Bernard Featherman called the Workshop Meeting to order in the Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz; Commissioner Carl Feldman; Commissioner Louis P. Stern; and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Finance Director Cale Curtis; Public Works Director Edward Soper; Police Chief Craig Hartmann; Building Official Michael Desorcy; Interim Library Director Suzi Hayes 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 called for any additions or deletions to the agenda. Commissioner Zelniker requested the following be added under New Business: o Item 6H: Revise Resolution No. 13 -002 R and discuss the function of the Financial Advisory Board. o Item 61: Questions regarding our Library. o Item 6J: Discussion on bike riders on the weekend, cars and pedestrians. o Item 6K: Discussion regarding our walkway. Consensus was to accept the agenda as amended. 2. PUBLIC COMMENTS AND REOUESTS: There were no public comments or requests. 3. PRESENTATIONS: None. i Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Paae 2 of 13 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • No Report C) Board Vacancies: • Financial Advisory Board — Full Three -Year Term Talent Bank Interview Stephen Golding, 1101 Highland Beach Drive gave a brief description of his background. He was a member of the Planning Board for three years and is looking forward to serving on the Financial Advisory Board. Consensus was to place Stephen Golding's appointment to the Financial Advisory Board on the Consent Agenda for August 0'. • Planning Board — Unexpired Term ending January 2016 Talent Bank Interview David Axelrod, 3740 S. Ocean Blvd is a member of the Board of Directors for Toscana South. He is very interested in serving on the Planning Board and working for the best interests of the Town. Consensus was to place David Axelrod's appointment to the Planning Board on the Consent Agenda for August 4 D) Monthly Board Meetings: • Town Commission Regular Meeting — August 4 — 1:30 PM • Town Commission Budget Meeting — August 0 (Immediately following the regular meeting) • Board of Adjustment & Appeals — August 18` — 9:30 AM • Town Commission Workshop Meeting — August 25 — 1:30 PM • Town Commission Budget Meeting — August 25 t h — ( Immediately following the regular meeting) • Financial Advisory Board — Will not be meeting in August. 5. PROPOSED ORDINANCES AND RESOLUTIONS: None. 6. NEW BUSINESS A) Recommendation from the Planning Board for the Town Commission to Approve the following application: 1104 Highland Beach Drive #1; Ross Bloom Major modification to the existing two story multi - family residence, new covered front porch and 2 °d floor balcony extension. Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Page 3 of 13 Building Official Michael Desorcy — This application came before the Planning Board and was approved on July 08, 2015. The Building Department reviewed all the documents and found no objections to the code. Consensus was to place this item on the Consent Agenda for August 4'. B) Recommendation from the Planning Board for the Town Commission to Approve subject to the Florida Department of Environmental Protection (FDEP) approval letter for the following application: 3621 South Ocean Blvd; Richard Jones Architecture Construct two three -unit townhouse buildings that are four stories in height. Building Official Michael Desorcy — The application was approved by the Planning Board on July 08, 2015 subject to the Florida Department of Environmental Protection approval. I received an email from the Vice Chair of the Planning Board. There have been some discussions with Town Attorneys Brian Shutt, Leonard Rubin and Glen Torcivia regarding the ambiguities of the code. Town Attorney Torcivia — We think there could be some improvements made, and we are working on clarifying that part of the code. There should be a variance coming for the air conditioning units. B.O. Desorcy — The architect has agreed to remove the other exceptions to the building height requirement. There are only two allowed on the roof; one is a parapet wall and the other is the elevator enclosure. There are other items on the roof and they have agreed to remove them and apply for a variance to put the air conditioning units and the generator on the roof. Town Attorney Torcivia — You can approve this application subject to the variance being considered. Vice Mayor Weitz — If the variance was not granted, are there other options or alternatives for those items that would not violate the code? B.O. Desorcy — That would be up to the architect and his client. Vice Mayor Weitz — The code is what it is at the time we consider it. Our Planning Board and our officials have recommended that we go forward. Therefore, I would be very cautious about any action to reject any proposal based on the possibility of some ambiguities which we can correct in the future. However, this project is being presented as it exists today, and I would want to prevent any potential legal actions based on the fact that we already have two recommendations from legitimate official bodies to go forward. Comm. Stern — The Planning Board passed this 5 to 2. I suggest we move this to Miscellaneous — Items Left over on the next agenda. Comm. Feldman — From what I have heard, there are questions regarding this application and I would like to see this as a more complete project. Comm. Zelniker — The Planning Board approved this with modifications. I believe that our Building Official should have the final say. I attended the meeting and the Town Attorney indicated that the final word was our Building Department. B.O. Desorcy — The attorney stated that I am the interpreter of the code. The modifications are the Department of Environmental Protection approvals. They have to issue a notice to proceed. They look at things differently Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Paite 4 of 13 than the Building Dept. does, such as the dunes, berms, cut and fill aspects of constructing these buildings. Comm. Zelniker — B.O. Desorcy stated that this application was up to code and I will go along with his decision. Town Attorney Torcivia — The Planning Board did approve this application as presented but there are some items, particularly the air conditioning units, which will require a variance. It is fairly routine to have a Board such as yours approve it subject to that variance. Consensus was to place this item under Miscellaneous — Items Left Over on the agenda for August 4 t '. C) Authorize Staff to Negotiate a Contract for Design, Engineer and Inspection Services Project: Water Main Replacement Town Manager Brown — The staff advertised for a RFP (Request for Proposals) for Design, Engineer and Inspection Services for the Town's voter approved water main replacement project. The Town received seven (7) proposals by the date of July 10 A Selection Committee convened consisting of the Finance Director Cale Curtis, Public Works Director Ed Soper, Water Plant Manager for the City of Boca Raton Justin Barrington, and Planning Board Member and resident expert Charles Shane. The Selection Committee was unanimous in the ranking of Matthews Consulting as the top rank firm. Matthews Consulting was the firm responsible for the DEI (Design/Engineering/Inspection) Services when the Highland Beach water mains were replaced on AIA in 2009. It is the recommendation of the staff that the Commission authorize staff to negotiate an agreement for design, engineering and inspection services with the top rank firm, Matthews Consulting. Public Works Director Ed Soper — It was a unanimous pick across the board and, I am very comfortable with awarding the negotiations for a contract with Matthews Consulting. Comm. Stern — I attended the Selection Committee meeting and spoke with David Matthews who indicated to me that he would be on the job every day. His marks were high and I am very comfortable with giving him the contract. Consensus was to place this item on the Consent Agenda for August 4 th . D) Authorize Staff to Negotiate a Contract for Design, Engineer and Inspection Services Project: Calcite Delivery System Replacement Town Manager Brown — The staff advertised an RFP (Request for Proposal) for Design, Engineer and Inspection Services for the town's approved replacement of the a calcite delivery system in the water plant. We only received one (1) proposal from Global Tech, a company that is very familiar with this project and the town's water treatment system as they were responsible for much of the design. It was the Selection Committee's decision that we assign the contract to Global Tech and ask the Commission to start negotiating the contract. Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Page 5 of 13 Comm. Feldman asked PWD Soper what Global Tech's role was in our water plant. PWD Soper — Global Tech did some of the upgrades to the facility after it was constructed. They are very familiar with our facility, and that is why we feel very comfortable moving forward with them on this particular project. PWD Soper gave some of the reasons other companies did not bid on this project. Consensus was to place this item on the Consent Agenda for August 4 th E) Authorize Mayor to Sign an Agreement for a Fire Apparatus Diesel Exhaust System. Town Manager Brown — Last year the Delray Beach Fire Chief, Danielle Connor, submitted a letter to the Town expressing the necessity of retro - fitting the fire stations with a diesel exhaust removal system in an effort to reduce diesel fumes in the bay and living areas of the stations. Based on the merits of Chief Connor's letter, the Town Commission budgeted $30,000 as an estimate to install an exhaust removal system at the Highland Beach Station (Station 6). The City of Delray Beach did the leg -work of this project for the Town by including Station 6 in their Request for Proposals for a company to purchase and install exhaust removal systems at all of their fire stations. The City of Delray Beach received four (4) proposals and the Town's portion of this contract for Station 6 amounts to $31,732.42. Staff recommends that we contract directly with Clean Air Concepts by virtue of piggy - backing an agreement based off of the City of Delray Beach's contract. The value of the piggy -back agreement is not to exceed $31,732.42. Commission Discussion: Comm. Stern — If we can piggy -back on the job, it will possibly be the best price we can get at the moment. Comm. Zelniker — The money is in the budget. We did not do the bid, Delray did. When we took our CERT Program, I noticed that Delray had at least six vehicles in their fire station. The building we have in town only houses two trucks. I understand we are working with Delray and have to participate in what they would want. Town Manager Brown — When the bid went out with Delray, it was for 31 units. The Town of Highland Beach only has two units and that is what we would be buying; one for the fire truck and one for the rescue vehicle. Comm. Feldman — We own the building and we only received one bid from one installer. We still do not know how much equipment this will take up of the physical building. Fire Chief Connor stated in her letter that Delray will continue to request grants, but it will be for all six stations. Why don't we request a grant because we are much smaller? I feel we should be getting our own bids from the six people who they received the bids from. We are completely relying on Delray. Vice Mayor Weitz — I am also a little bit concerned about piggy - backing with Delray. At the same time I do want to compliment the services we have received from Delray and their staff and the kind of training they have provided this town. How was our portion of the deal allocated? Was it based on the number of vehicles or the size of our firehouse? Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Page 6 of 13 Finance Director Cale Curtis — I understand the concerns of the Commission with regard to this procurement. It is our building. This is something Delray has procured essentially for us. However, I can assure you that the way they went about their procurement was a formal competitive process. A request for bid was put out with specific bidding criteria based on the six stations that they have, one being our station. Four companies responded to their request for bids. The proposal that we are to piggy -back off of, Clean Air Concepts, was the lowest bidder on the same type of exhaust system. I can't guarantee that we would be better off by going out and doing it ourselves, but I think the laws of the economy of scale would say we probably are getting a better deal using their procurement. Mayor Featherman — I feel it should be competitively bided by us also because we do not know if they proportioned out the whole cost of the 31 units when they gave us the price for two. Comm. Feldman — I do not see the other proposals and did they include Station 6. Fin. Dir Curtis — All the bidders included Station 6. Town Manager Brown — I asked Delray to send me all the proposals from the other companies which I gave you. They went out to bid for a certain quantity. Fin. Dir. Curtis and I broke down what we were receiving out of that quantity and this is the figure that we came up with also. Vice Mayor Weitz — Is our pricing based on getting two of those units? Fin. Dir. Curtis — You can average it out that way. Vice Mayor Weitz — We are being fairly priced for those units and not absorbing any costs that they may have for other parts of the contract. Fin. Dir. Curtis — I feel comfortable with that. Comm. Feldman questioned a part of the letter from Chief Connor that read "attached is a quote that will give you a ballpark for inclusion in your CIP budget." Fin. Dir. Curtis — That letter was written in May of 2014. In December of 2014 Delray put out a bid, received four proposals, and have already awarded a contract for a total of $301,000. Included in that was Station 6. Rather than have Delray manage this contractor and do our station, we asked them to remove Station 6 as their bid was submitted and we would contract with them directly. Comm. Feldman — I would feel more comfortable if our Utility Maintenance Superintendent Bill Moore was brought into this. He is familiar with our buildings and equipment and would be able to tell if what they are putting in could sustain the equipment they are quoting. Comm. Zelniker — What would happen if we need service? Fin. Dir. Curtis — We have a five year warranty. Consensus was to place this item under Miscellaneous — Items Left Over on the agenda for August 0' and have Mr. Moore look at the building before the next meeting. F) Commission to Authorize Mayor Featherman to sign Professional Services Agreement with SAFEbuilt Florida, LLC Town Manager Brown — In 2008, the Commission signed a Professional Services Agreement for Building Official and Inspection Services with Independent Inspections Limited who has recently sold their business to SAFEbuilt Florida, LLC. We are asking for authorization for the Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Page 7 of 13 Mayor to sign a new contract with SAFEbuilt, LLC which has been reviewed by the Town Attorney. Commission Discussion: Vice Mayor Weitz questioned the two lines shown under the Contract Building Official Cost Analysis that reads Official and Inspector. Fin. Dir. Curtis explained that these costs were based on how the Building Department was staffed prior to going with a contract so we have a comparison. The Inspector was listed to provide services when the Building Official was either on vacation or on sick leave, so there was coverage at all times. Vice Mayor Weitz — The fees for the Town employees are lower than the 2015 YTD contract fees. I have said it before and still believe this position should be in- house. I don't understand why we would have one employee outsourced and the rest of the staff under the control of the Town Manager. Not only is he getting paid for doing his work, but he gets paid an hourly fee for attending meetings. I am not in favor of this arrangement. I feel we are losing money and not breaking even in that department. Comm. Stern — Having been in this town as long as I have, and having served on the Planning Board and Chairing it for six years, I worked with the former Building Official and Inspector. This town had the poorest possible service in- house. (Proceeded by reading a newspaper article regarding Deerfield Beach and other cities who have outsourced their Building Officials stating that this is the wave of the future.) I have heard many residents compliment the services performed by the Building Department and had contractors telling me that Highland Beach is the best town to work in. This company supplies personnel when there are vacations and if there is an abundance of inspections that need to be done, they send someone in to cover the workload. Building Official Mike Desorcy is an excellent worker and knows our code better than anyone we have had working in that department. Comm. Feldman — During the hours of 8:00 am to 5:00 pm, why is it that we have to pay $48.00 per hour for him to come to a meeting when he is here anyway? Eric Penley, Regional Operations Manager for SAFEbuilt explained the fee structure. Building Official Desorcy is responsible for code enforcement, building official duties, plan reviews, inspections and planning services. If you look at one person on a line item, to replace a person like that, it is three people plus a part-time inspector. We will not be charging you a fee for meeting attendance. Comm. Feldman — Does your contract hold your fees and for how long? Eric Penley — We hold our fees and will not change them. Comm. Feldman — I know the Building Department cannot show a profit. Whatever we bring in we send out, so I don't see any benefit in having our own employee because it is a wash. Vice Mayor Weitz — I am not questioning the capability, the service we are getting and the work that is being done here. It is outstanding. I am not in agreement with Comm. Feldman that it is a wash. We are paying more for these services then we would be paying for in -house personnel. We are not a large community such as Deerfield Beach, so I am basing my opinion on the size of our community and the type of construction we have here in Highland Beach. Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Page 8 of 13 Comm. Feldman — I met with the contractors and the owners of 3200 South Ocean Blvd. and they stated that Highland Beach is the finest town they have ever worked with for putting up a large multi - million dollar complex. A question for our Town Attorney. What happens if we bring in extra money in that department? Town Attorney Torcivia — You are supposed to use it in that department. The Finance Department will be sure it is allocated properly. Comm. Zelniker — The residents of Highland Beach are very happy with the service they are receiving. Therefore, I feel we should go with SAFEbuilt. Consensus was to place this item on the Consent Agenda for August 4 1h G) Surplus of Police Vehicle — 2008 Ford Crown Victoria, Unit #087 Town Manager Brown — The Police Department is trying to reduce their fleet by eliminating any vehicle that has a high maintenance cost. Due to the condition and maintenance cost of Unit #087, it is being removed from the fleet. The Police Department is asking that we look for quotes to auction off this vehicle. Comm. Feldman asked how many vehicles are in the fleet. Police Chief Craig Hartmann — There are seven cars including this one; five marked and two unmarked. We are not replacing this vehicle. Comm. Feldman — There is only 57,000 miles on this vehicle for the period of seven years. It obviously has not been used much. Chief Hartmann — The mileage is not the issue. It is the rust, electric and mechanical issues that are now occurring. The money from this vehicle will go back into the general budget. Vice Mayor Weitz — One of the problems I see is that we live in a seaside town with saltwater air and our vehicles are unprotected and exposed to all of the elements. I feel we should start looking at how we can better protect these vehicles. Consensus was to place this item on the Consent Agenda for August 4 th H) Discussion on revising Resolution No. 13 -002 R regarding the functions of the Financial Advisory Board Comm. Zelniker — At the last Financial Advisory Board Meeting, the members were not making any comments about the budget. I spoke to some of the members and was told that Resolution No. 11 -006 R, which allowed them to review and make recommendations at Town financial policies, was changed. Resolution No. 13 -002 R now states that it is at the direction of the Commission to review and make recommendations. Unless the Commission specifically asks the Financial Advisory Board to review something, they can't say anything. We have seven brilliant minds on that Board, and I would like to put this resolution back to the way it was in 2011. Comm. Stern — I was at that meeting and was also very disappointed. They looked very uncomfortable sitting at this dais. Having attended many of their previous meetings, they were Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Page 9 of 13 more comfortable sitting at a round table where they could look at each other and have a discussion. These meetings took place in the Town Hall conference room. Comm. Feldman — I feel the Financial Advisory Board should be televised. The residents of our Town have a right to hear what they have to say. All of our other Boards are recorded and broadcast. I was unaware of this change and feel they should be allowed to discuss anything that is in the budget. Vice Mayor Weitz — I also do not feel the Financial Advisory Board should be directed by the Commission to discuss, review and make recommendations. I would be in support of revising this Resolution. It is an advisory board and comes before the Commission. We listen, hear and gain information from them. These are expert people and there are many major decisions to make about the budget, purchasing, how we invest our money. I would like to hear their input. Mayor Featherman — I agree with my fellow Commissioners. We have excellent people on the Financial Advisory Board and have been a great deal of help to us. Town Manager Brown — We can submit a revised resolution for the next meeting. Comm. Zelniker — Once we resolve this issue at the next meeting, I would like the Financial Advisory Board to meet in August instead of on September 2nd I) Discussion on Library Programs offered to our Residents Comm. Zelniker asked if the instructors who have classes at the Library are paid directly, and if we have any contracts, licenses or certificates of insurance filed with the Town. Suzi Hayes, Interim Library Director — The instructors are paid directly. We do have certifications, proper credentials and certificates of insurance filed with the Town. Comm. Zelniker — The Town does not make any money. We are just giving them space to run their business. Comm. Feldman — Are we responsible if someone gets hurt during these classes? Town Attorney Torcivia will check with the Library Director and Town Manager and look into the certificates of insurance filed with the Town. Vice Mayor Weitz — I feel the Town Manager and the Interim Library Director should be able to determine what is appropriate, or not, with consultation from our Town Attorney and not the Town Commission. J) Discussion regarding bicyclists along AlA Comm. Zelniker — I received numerous phone calls from residents regarding the bike situation, and we must do something about it. I feel there should be an officer present to explain to these bicyclists that they must use the rules of the road. They do not stop for pedestrian crossings. I know we have discussed this many times before. Police Chief Hartmann — We have been shadowing these bicyclists throughout the town. Residents have heard us on our PA system. This is specific larger groups that we have a problem with and not all bicyclists who come through our town. We are working on a joint effort with multi- agencies regarding the message boards. Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Page 10 of 13 K Discussion regarding our walkways Comm. Zelniker — This is in our budget for 2016/2017, and I would like my fellow Commissioners to consider moving this up to perhaps next summer. The sidewalks are dangerous. Town Manager Brown — Back in 2008, former Town Manager Dale Sugarman had plans prepared through Matthews Consulting to repave the entire walk path. Unfortunately it never got off the ground. I spoke to the Public Works Department about repaving the entire walk path and they figured the cost to be between $480,000 and $500,000. Since it is over the $350,000 limit, we would have to go out to referendum to complete this project. Comm. Feldman — I would like Public Works Director Ed Soper to ride AlA from one end of the town to the other with his buggy and report to us how the walkway actually is. Vice Mayor Weitz — I am in agreement with Comm. Feldman's suggestion. However, we live in a seaside community with a great deal of environmental factors which impacts on our infrastructure, and these conditions exist. There was work done on the walk path and it is not that bad. 7. MISCELLANEOUS — ITEMS LEFT OVER A) Minutes: • June 30, 2015 — Workshop Meeting • July 7, 2015 — Regular Meeting • July 14, 2015 — Special Meeting There being no modifications to the minutes, consensus was to place the minutes on the Consent Agenda on August 4, 2015. 8. REPORTS — TOWN COMMISSION: A) Commissioner Rhoda Zelniker had no report. B) Commissioner Feldman — Two weeks ago we had an inventory clean-out of the IT Department of the Library by Town Manager Brown and Utility Maintenance Supervisor Bill Moore. Things were purchased that we didn't need. Things were obsolete that we didn't need. Going forward, we need checks and balances on all our purchases. Town Manager Brown — At our staff meeting last week we discussed purchases. I have requested that all department heads, when they hand in a purchase requisition, also hand in a surplus form. We will not buy anything without surplusing something so we know ahead of time what is happening. C) Commissioner Louis Stern — I have had a new contact with Florida Fish and Wildlife Commission on the Intracoastal. The Town is now permitted to erect signs along our three mile stretch at our expense. The only words that could be put on the sign are "you are responsible for your own wake ". These signs would allow an officer who witnesses the wake to issue a ticket for reckless operation. Comm. Stern described the type of signs that could be erected and the cost would be approximately $2,000 each. The Florida Fish and Wildlife Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Page 11 of 13 Commission has now scheduled a new study of the manatees, boat usage, accidents, injuries and deaths and will conduct this in a three to five year period to determine if some of the Intracoastal Waterway should have reduced speed areas. They did emphasize that the damage to the seawalls is of no concern to them. D) Vice Mayor William Weitz — I would like to thank and commend those employees who are working long hours and very hard to try and upgrade this Town in terms of the way we conduct our business. I also think it is important, based on the recommendations, as to the way we purchase and safeguard our things. E) Mayor Bernard Featherman — I have received letters regarding the parking lot in front of our building and people entering at the exit driveway. We should be able to put up a large sign that would say "No entry - $250 fine ". Town Manager Brown — I will have to check with the Police Department. I know there is a sign there now, but I am not sure of the fine whether we establish the fee or it is done by state law. I will check with Police Chief Hartmann. I think it would be advisable for the members of the Financial Advisory Board to attend the August 4 and August 25 Budget Workshop Meetings. We have new brochures on the members of the Commission. They are available at the Town Hall. I am proud to serve with my fellow Commissioners. They are doing a fine job. Also, I would like to complement our staff on the great job they are doing. 9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: No report. 10. REPORTS — TOWN MANAGER BEVERLY BROWN: We have some computer items going on surplus and have put a link on our website. The items are on a surplus property auction site and we have put the information on our website. If a resident wants to bid on an item, they can get contact through this site. We have given the fire truck, under a state contract, to Tampa Machinery. They will be picking it up and bringing it to Tampa for an auction of fire equipment specifically in the State of Florida. We still don't have a snorkel on our mailbox outside of Town Hall. I spoke with Congresswoman Frankel's office and they will assist me with this issue. I filled out a form representing the city, but if a resident would like they could also fill out the form which would increase our power over the Post Office. Comm. Zelniker asked about the Delray Downtowner coming to Highland Beach to bring people to Atlantic Avenue. I met with them and the vehicles are electric powered, and only have 40 minutes of power. The farthest they come is the intersection of Linton Blvd. and AIA. They would be willing to purchase a vehicle that would hold more people that would be enclosed for the raining season or the cooler temperatures during the winter. This would cost the Town $190,000 to use Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Page 12 of 13 these vehicles 365 days a year. I didn't think this would happen. My recommendation is if you want to go to Atlantic Ave., park in the county parking lot on the corner of Linton Blvd. and AIA to use their service. We haven't had a utility rate study in seven years, and we have piggy- backed on the contract with the City of Lakeland, Florida. We have $30,000 in the water budget, but this comes to a little over $22,000 which I have the authority to sign. They will be doing the rate study for the Town and will come before the Commission with their report when completed. 11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Frank MacDonnell, 1104 Highland Beach Dr . — It is my understanding that you will be voting on August 4 to approve the permit for 1104 Highland Beach Dr. When will we be able to get our permit? B.O. Desorcv — Once we get the approval from the Commission, there is a review process in the Building Dept. and should take about ten days. Frank MacDonnell — The application has already been reviewed. Why can't the permit be issued since it has already been approved by the Planning Board and the Commission? Town Attorney Torcivia — It is not approved today. We don't know what the vote will be on August 4 B.O. Desorcv — I did a preliminary review for the Planning Board. It has to come back to the Building Dept. again. There is a protocol and a procedure we have to follow. I cannot allow him to start the work before the permit is issued or the Commission approves it. If it is approved by the Commission, the permit will be issued within ten days. Richard Jones, Richard Jones Architecture of DelM Beach — Regarding the application for 3621 S. Ocean Blvd., we issued updated plans on Monday removing the generator and the garden wall. The only other item still on the plans is the air conditioning units which is considered a third exception to the height code. We are agreeable to submitting for a variance for the 24 air conditioning units to be on the roof surrounded by a parapet wall and out of view from the general public. It is my understanding that the next Board of Adjustment meeting is on August 18th. Town Clerk Oakes — I have not received the application in my office for review. A mailing has to be done within 15 days, so basically there is no time to process the mailing. I will try to schedule a special meeting, but cannot guarantee it. I highly recommend that you get your application into my office as soon as possible so I can review it and canvass the Board to see when we can possibly schedule a special meeting. Beverly Knight Ocean Estate Properties — I market this town and recommend a good deal of buyers to Highland Beach. I represent the seller for 3621 to the current owner. I am also a past owner of this property. It has always been zoned RML (Residential Multi- family). The property located at 4211 and 4215 S. Ocean Blvd. is a duplicate of this project. Al Giachetti built those townhomes, has everything on the roof and needed no variances. Your codes were interpreted at that time to allow that project with everything on the roof. I think it is unethical to change your rules midstream. You should allow this project at this time, and in the future separate these grey areas. David Axelrod, 3740 S. Ocean Blvd — Are we talking about the air conditioner going above the 35 foot height limitation. B.O. Desorcv — Yes we are. Town Commission Workshop Meeting Minutes Tuesday, July 28, 2015 Page 13 of 13 Carl Gehman, 1103 Highland Beach Dr . — B.O. Desorcy is doing a great job. I am redoing my home and all the permits have been on time. 12. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Workshop Meeting at 4:05 PM. MOTION: Commissioner Feldman moved to adjourn the workshop meeting at 4:05 PM. Motion was seconded by Commissioner Stern which passed unanimously. APPROVED: Bernard Featherman, Mayor t itz Ph Vice yor io �r , Commissioner ' I o Zelniker, o issioner ATST: Valerie Oakes, CMC, flown er Date