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2015.08.04_TC_Minutes_Regular i TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, August 4, 2015 1 PM Mayor Bernard Featherman called the Regular Meeting to order in the Town Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz, Ph.D; Commissioner Carl Feldman; Commissioner Louis P. Stern; and Commissioner Rhoda Zelniker. Also present: Town Attorney Brian Shutt; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Finance Director Cale Curtis; Public Works Director Edward J. Soper; Police Chief Craig Hartmann; Building Official Mike 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. Receiving no additions or deletions, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS: Jerry Wolf, 1005 Russell Drive — I am here today to address my concerns regarding safety on the Intracoastal Waterway. If you put up the signs saying "you are responsible for your own wake ", boaters will ignore them and it will be an eyesore. I have witnessed many boaters, not only speeding, but coming within five feet of our seawall and small children not wearing lifejackets. Unless you have some type of enforcement, we will continue to have dangerous situations and continued damage to our properties. Anita Feinstein, 4740 S. Ocean Blvd — The Town Hall parking lot is very dangerous. I have been involved in a minor accident here and fortunately was not hurt. I also witnessed people entering the exit driveway. There is a sign there but more needs to be done to avoid any further accidents or people getting hurt. Perhaps there could be blinking lights or tickets issued. Town Commission Regular Meeting Minutes Tuesday, August 4, 2015 Paste 2 of 11 James Jiovanazzo, 3700 S. Ocean Blvd — The Turtle Talk and Walk Day on July 25 was a great success and one of the best we have ever had. We have a wonderful sea turtle volunteer program here in Highland Beach. George Kelvin, 4740 S. Ocean Blvd — Regarding the fire apparatus exhaust system for the Fire Department, has there ever been an engineering study to test the level of exhaust fumes and whether that level of exhaust fumes was dangerous. Elise Riesa, 1133 Boca Cove Lane — I sent photos from the Turtle Talk and Walk Day, and am hoping that we could put them in the Highlander along with an article so we could get more children involved next year. It was a great experience for everyone. I am here representing Martin Riesa, President of the Board of Directors of Boca Cove South. A letter was written to Town Manager Brown in order to get an emergency meeting with the Commission regarding the water project. Due to some issues that happened 27 years ago, our street was never put in as a public road but a private road because a private taxpayer paid the taxes on that road. We are the only residents in all of Highland Beach that are excluded from the benefits of the water project, even though we are going to be paying the taxes for the project. We are hoping there would be a way that the Town Attorney could find an exception for us, given our situation, because it will cost us a fortune to do an assessment for this small road. We are asking the Commissioners if we could at least be included in the project itself as an addendum. Could we be given a separate price for our one road, so that we could be included with the same men, machinery and company in order to keep our price as low as possible? I would be willing to volunteer to be part of the award committee, and work with the team to get the best possible prices with the best technical support and competency for this project. Our community would appreciate any help you could give us due to the enormous cost it would be to us otherwise. James Jiovanazzo, 3700 S. Ocean Ave — The walkway between Coronado and Casuarina has a great deal of weeds growing out from the vegetation and is presenting a problem for the people who walk along AIA. I would appreciate it if the proper authority who is in charge of cutting back these weeds would look into it. 3. PRESENTATIONS: None. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Town Clerk Oakes read the report into the record. C) Board Vacancies: • None D) Monthly Board Meetings: • Town Commission Workshop — August 25 — 1:30 PM • Town Commission Budget Meeting — August 25 t h (Immediately following the workshop meeting) • Financial Advisory Board — August 20 — 9:00 AM • Board of Adjustment & Appeals — Tentatively set for September 2nd — 9:30 AM I Town Commission Regular Meeting Minutes Tuesday, August 4, 2015 Page 3 of 11 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) RESOLUTION NO. 15 -006 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ESTABLISHING A FINANCIAL ADVISORY BOARD, AND HEREBY REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. Town Clerks Oakes read Resolution No. 15 -006 R into the record. Commission Discussion: Commissioner Feldman — I would like to make a motion to have all the Financial Advisory Board meetings televised and broadcast as we do with all the other Boards. Commissioner Stern — Having had conversations with the Chairman of the Financial Advisory Board, he stated that it would be very uncomfortable for him and his members to meet and have it recorded. They would like to have all their meetings at a roundtable type setting. Comm. Feldman — This is a public board and these meetings should not be held in secret. Could this be done legally? Town Attorney Shutt — Meetings do not have to be recorded such as this one, but minutes have to be taken and the meeting has to be noticed. I am not sure what his intent was, but the meetings must be held in a place where other public members could attend. Comm. Feldman — This is a very important advisory board and many residents are not able to attend these morning meetings, but they should be allowed to watch it. Commissioner Zelniker — I understand how the Chairman of the Financial Advisory Board feels. Sometimes there are discussions of various financial matters that maybe they would feel more comfortable talking about it in a smaller setting and not being recorded. However, it is a public Board, the meetings should be recorded and they should be sitting at the dais. Town Manager Brown recommended separating the two motions. MOTION: Vice Mayor Weitz moved to adopt Resolution No. 15 -006 R as presented. Motion was seconded by Commissioner Stern ROLL CALL: Vice Mayor Weitz - Yes Commissioner Stern - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion Carried 5 to 0. Town Commission Regular Meeting Minutes Tuesday, August 4, 2015 Page 4 of 11 Discussion ensued amongst the Commission. Vice Mayor Weitz — I am in support of Commissioner Feldman's recommendation to have the Financial Advisory Board televised and broadcast. All the other Boards are and I see no reason why they should not. Comm. Stern — It is an open meeting and everyone is invited. It is also recorded on a tape recorder. Chair Gitner has a difficult time viewing everyone and getting their reaction. He has requested that they sit here in this room, in front of the dais, in a round table discussion. Mayor Featherman — I don't see any problem with a round table being put in front of the dais, but I feel it should be televised and broadcast for the public to see. Town Manager Brown — The problem in doing this is that we would not have a microphone system and could not pick up their conversations on the recording system. MOTION: Commissioner Feldman moved to have the Financial Advisory Board meet in the Commission Chambers, record and broadcast their meetings. Motion was seconded by Vice Mayor Weitz ROLL CALL: Commissioner Feldman - Yes Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Stern - No Mayor Featherman - Yes Motion carried 4 to 1. 6. CONSENT AGENDA: A) Appointment of Stephen Golding on the Financial Advisory Board for a three -year term ending July 2018. B) Appointment of David Axelrod on the Planning Board for an unexpired term ending January 2016. C) 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 ° floor balcony extension. D) Authorize Staff to Negotiate a Contract for Design, Engineer, and Inspection Services Project: Water Main Replacement. E) Authorize Staff to Negotiate a Contract for Design, Engineer, and Inspection Services. Project: Calcite Delivery System Replacement. Town Commission Regular Meeting Minutes Tuesday, August 4, 2015 Page 5 of 11 F) Surplus of Police Vehicle — 2008 Ford Crown Victoria, Unit #087 G) Commission to Authorize Mayor Featherman to sign Professional Services Agreement with SAFEbuilt Florida, LLC. H) Minutes: • June 30, 2025 — Workshop Meeting • July 7, 2015 — Regular Meeting • July 14, 2015 — Special Meeting MOTION: Commissioner Feldman moved to accept the Consent Agenda as read. The motion was seconded by Commissioner Stern. ROLL CALL: Commissioner Feldman - Yes Commissioner Stern - Yes Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Mayor Feartherman - Yes Motion passed 5 to 0. 7. NEW BUSINESS: None. 8. MISCELLANEOUS — ITEMS LEFT OVER: A) Recommendation from the Planning Board for the Town Commission to Approve sub iect 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 Mike Desorcv — The architect has submitted revised drawings that eliminated most of the exceptions to the building height. They have submitted an application to petition for a variance asking for relief from the Town Code allowing them to put the air conditioning units on the roof of the individual dwelling units. The tentative hearing for the Board of Adjustment is scheduled for September 2nd Commissioner Feldman — What are their rights if we say yes and the Board of Adjustment denies the variance. Town Attorney Shutt — Do the plans that the Commission would be approving today have the air conditioning units on them? B.O. Desorcv — Yes. Town Attorney hutt — I would suggest that if you do approve it today, you approve it with the condition that they obtain a variance for those units. If they fail to obtain that variance, then the site plan is not approved because it did not satisfy a condition that you approved. Town Commission Regular Meeting Minutes Tuesday, August 4, 2015 Page 6 of 11 Vice Mayor Weitz — I don't see the need for a quick action on this. We are only talking four weeks. We could possibly open ourselves up for some type of legal action if we approve it and the Board of Adjustment denies it. The Board of Adjustment members should have the opportunity to look at this independently and make their decision. Should they approve this variance, then I have no roblem p approving the project. PP g P J I Comm. Zelniker — I was at the Planning Board meeting and was under the assumption that you said it was okay to go. B.O. Desorcv — The Vice Chair of the Planning Board brought up some valid questions about the building height and the exceptions to the code. I have discussed this with the architect and the Town Attorneys, and we feel it is necessary for the Board of Adjustment to hear the petition. Comm. Zelniker — My only concern is that it is not four weeks but eight or nine weeks until we can approve this, if they receive the variance. Is it my understanding that we can approve this with the condition that they receive this variance? Town Attorney Shutt — The only way you can approve this is condition it upon them obtaining a variance from the Board of Adjustment. Comm.Stern — They have to prove a hardship, and could they do so. B.O. Desorcv indicated that it was up to the Board of Adjustment and explained the reason for the variance. The elevator enclosure and the parapet wall are necessary according to code and meet the requirements. B.O. Desorcv stated that the elevator was a marketing plan to allow the residents access to the roof. There is an observation deck of 225 square feet. Comm. Stern — They could walk up steps. B.O. Desorcv — They could walk up steps. Comm. Stern — My feeling is that they have some homework to do yet. Mayor Featherman — I agree that we should wait to approve this until they go before the Board of Adjustment to obtain a variance. Town Clerk Oakes administered the oath to all those who would give testimony. Richard Jones, Architect — It was brought to our attention by Attorney Shutt that there was an issue with the zoning code with respect to the height,and that we had three elements that exceeded the height limitation. This is a very high profile and important project to the Town and we wanted to be a team player. Subsequent to last Tuesday's Workshop Meeting, the necessary paperwork and the application for the variance for the air conditioning units was filed the next day. We need the two items that are allowed by code. We need access to the roof and the parapet wall to keep people from falling off the roof. We understand, and are in agreement, as to why a variance is necessary based on your code. However, going to the Board of Adjustment for the variance on September 2n then coming back to the Commission afterwards, will put our development time to over five months from the time we initially submitted our application. My client would like to move forward with an approval today, and as Attorney Shutt stated, subject to coming back for a variance application and approval on September 2nd Comm. Feldman — We need to take care of our residents and I do not want to set a precedent here. I feel we need to take the proper procedures. Vice Mayor Weitz — You are presenting your arguments to the Commission when you should be presenting them to the Board of Adjustment. I understand your concern regarding the timing. However, I am not willing to say, without an opinion from the Board of Adjustment, that I am Town Commission Regular Meeting Minutes Tuesday, August 4, 2015 Page 7 of 11 going to approve something that could set a precedent. Our code is clear in terms of what the restrictions were. Comm. Zelniker — I agree with everything my fellow Commissioners are saying. Could we hold a special meeting to take care of this, so they don't have to wait another four weeks? I would be willing to do that. Town Manager Brown — We have a Special Budget Hearing on September I W and we could make another special meeting on top of that one at the same time. Elyse Riesa, 1133 Boca Cove Lane — From a resident's viewpoint, those that have the knowledge and the skills to be on the advisory boards should have the authority to give you the guidance that you would need to say yes or no before you say yes or no first. MOTION: Vice Mayor Weitz moved to allow the Board of Adjustment to make a decision as to the legitimacy of the request for variance prior to taking any formal action, and if it is possible to schedule an earlier meeting to consider this at a future time, we be allowed to do so. Motion was seconded by Commissioner Feldman Commission Discussion: Comm. Zelniker — In the motion, I would like to include that we put this on our September 10 meeting since the Board of Adjustment is meeting on September 2na Comm. Feldman — What would happen if the Board of Adjustment says no to this variance? Town Attorney Shutt — If the Board denies this application the applicant will come back to you, either on September 10` or at a follow -up meeting, with revised plans showing the air conditioning units at some other location that does not require a variance. Vice Mayor Weitz amended his motion as follows: MOTION: Vice Mayor Weitz moved to postpone a decision today, and that we wait for a decision by the Board of Adjustment as to their findings. At that time, if it is thus required for this Board to consider future action, then our Town Manager has the legitimacy to schedule a special meeting. Motion was seconded by Commissioner Feldman ROLL CALL: Vice Mayor Weitz - Yes Commissioner Feldman - Yes Commissioner Zelniker - Yes Commissioner Stern - Yes Mayor Feartherman - Yes Motion carried 5 to 0. B) Authorize Mayor to Sign an Agreement for a Fire Apparatus Diesel Exhaust System. Town Manager Brown — At the last meeting, Comm. Feldman requested that Maintenance Superintendent Bill Moore review the plans for this diesel fuel system and look at the fire house to be sure there was adequate room to install it. Part of the contract was to install the electric on Town Commission Regular Meeting Minutes Tuesday, August 4, 2015 Page 8 of 11 the side of the building and there is enough room. He did notice that it did not include stainless steel hardware and structural supports. Today we received an additional proposal for $3,000 to install the stainless steel hardware that we requested. The reason for doing his is a number g of the firemen have recently come down with lung cancer, and they are trying to get rid of all the carcinomas that are in the building and eliminate all health hazards. I am requesting that you authorize the Mayor to sign an agreement in the amount of $34,744 for this exhaust system. Commission Discussion: Comm. Feldman — George Kelvin brought up an interesting point about an Environmental Protection Agency (EPA) study. It is a small station with only two bays. Were any other avenues looked into for exhaust? Delray's bays are quite large in comparison to ours which is small. Why were the stainless steel hardware and structural supports not included in the original proposal? I would like more studies done on EPA if we really need it, and are there any other ways of exhausting the fumes from this station and not just taking Delray's investigations. Vice Mayor Weitz — We already have a contract and I don't think we should alienate Delray Beach. It is the Fire Department and they man our station. They have been somewhat cooperative in taking care of our needs. I believe it is a lot of money, but since we already have a contract, I don't want to jeopardize our relationship with Delray. Comm. Stern — There was a study done by Fin. Dir. Curtis and our Town Manager, and we are paying proportionately the right price. We do have a contract and we have to honor it. Comm. Zelniker — There are many things in this contract that I do not like. It is not a Florida company; they come from Ohio. This money was in the budget from last year so we are not using any additional money. I think we have to go forward with it. Mayor Fearherman — We have a contract, but are we obligated to pay the additional money for the stainless steel hardware since it was not in the original contract. Town Attorney Shutt — We asked for this. They are not proposing this. Town Manager Brown — The Maintenance Supervisor Bill Moore asked for this. Comm. Feldman and Mr. Moore reviewed the building and discussed this last week. Comm. Feldman — Bill Moore questioned that there was no stainless steel in this proposal. If this MagneGrip Group saw that we are a seaside town surrounded by water on both sides, why did they not put this into the original contract? Town Manager Brown — I contacted Delray and they had a consultant draw the plans. They could install what the consultant recommended, except in three years we would be changing the hardware again. Comm. Feldman — They are now asking for $3,000 for the stainless steel which we need. I feel it should have been part of the original proposal. Town Manager Brown — Prior to this meeting I talked to the attorney about sending them a letter asking them to pay the bill. MOTION: Vice Mayor Weitz moved to accept the contract as written with the inclusion of the items we have identified that we need for solidarity, and the Town Manager has the authority to request any supplemental funds from Delray in any manner that she chooses. Motion was seconded by Commissioner Stern Town Commission Regular Meeting Minutes Tuesday, August 4, 2015 Page 9 of 11 ROLL CALL: Vice Mayor Weitz - Yes Commissioner Stern - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carried 5 to 0. 9. REPORTS — TOWN COMMISSION: A) Commissioner Zelniker — I think it would be a great idea and very helpful to have cameras in our parking lot. I was glad to hear that the Turtle Talk and Walk Day was a great success. With regard to the Boca Cove water project, I would like our Town Manager to look into this with our Water Department. Also, is there a way they could legally make their street a part of our Town. Town Attorney Shutt — They would have to dedicate it to the Town and make it a town road. Before the Town can legally spend money, there has to be a public purpose. One of the ways of being able to put the water main thru it is to make it a public road. Comm. Zelniker — How would they be able to do this? Town Attorney Shutt — The community would have to come to the Commission telling them that they would like to dedicate the road. There would have to be some action by their Homeowner's Association. The gate would have to be taken down because, once you are a public road, any member of the town can traverse that road. You would also have to look at the condition of the road and utilities to see if improvements have to be made, or accept them as is. Comm. Zelniker — Could this be done before they start the project? Town Manager Brown — They would have to bring the road up to standards and eliminate their gate. The other problem is we had a referendum that was very specific on the streets that we were going to put the piping in. State Statute is very specific about going into private property. It is something that could be looked into if they dedicate it and improve it to town standards. I would like to make a recommendation to my fellow Commissioners that our Town Manager work with our Attorney on setting our Library policy with reference to people conducting business out of our Town Library. Town Manager Brown and the Town Attorney will work on this issue. B) Commissioner Feldman — Boca Cove is a gated community. They just spent a great deal of money paving that road. The pavers would have to be removed and they would have to have a complete vote by the Homeowner's Association to remove them. I understand the community likes the pavers and being a gated community. There should be no problem with the Town allowing the proposed contractor to give them a special situation for putting the pipes in, but they would have to pay for it themselves. On the comments on the weeds on the walkway, if it impairs people walking, I think the Town should look into that. I asked if Public Works Director Ed Soper would ride up and down the walkway to check the condition of the walking path. Town Manager Brown — I have a report and will give it to you after the meeting. The Public Works Director walked the entire walkway and took pictures. Town Commission Regular Meeting Minutes Tuesday, August 4, 2015 Page 10 of 11 There was an article in the Sun Sentinel regarding cars stopping on AlA in the bicycle lanes. There is a state law (316 -1945) that prohibits trucks stopping in that bike lane. I understand we do enforce it. I would like more enforcement on the packs of bicyclists coming through the town on Wednesday, Thursday and Saturday mornings. It is a safety hazard. They ride six abreast and take up the full northbound and southbound lanes. Is there any state law prohibiting these bicyclists from riding like that? There has to be something we can do about that. C) Commissioner Stern — By definition, the National League of Cities Rights states that a Council - Manager, which is what this Commission is, oversees general administration, make policies and set the budget. That is all. Over the last number of weeks we have been getting involved in a lot of minutiae that belong in the Town Manager's Department. This makes our meeting go on longer than they should. It is time we accept our responsibility and pass the rest on to the Town Manager. We all get phone calls and complaints, and I have received two this week. I passed them both along to Town Manager Brown and they have already been taken care of. There is a budget workshop meeting this afternoon after this meeting. There are a few things that we should set in our minds before we take a look at the budget. There was a time when all employees received a three percent (3 %) Cost of Living increase. In addition they would receive a five percent (5 %) merit increase. That has changed. There is no longer a COLA. Some of my fellow Commissioners want to look at some of the ways we can reduce it. We have some of the best employees that I hate to see us cut a single penny from. After reviewing the budget, Comm. Stern stated that we have a wonderful budget of five million dollars. If we try to reduce some of our employee's salaries, we will not save a great deal of dollars. D) Vice Mayor Weitz — The parking lot situation is a concern, but I don't believe cameras will do any good. You need to consider other options. I live in Boca Cove and I understand that on any vote I would have to excuse myself. Am I allowed to participate in the discussion or make a remark? Town Attorney Shutt — If there is a voting conflict, then pursuant to the Palm Beach County Commission on Ethics, you would have to excuse yourself from any discussion. I did get an opinion from the Palm Beach County on Ethics regarding a variance where some members of the Board of Adjustment lived in a neighboring condominium when another development was coming in place. Because the pool of people was so great, those members did not receive any special benefits than any others living in those units. So it was okay for them to vote. If it is a small number of people involved in your Homeowner's Association, then I would advise you to excuse yourself and step down. I agree that we have an excellent staff but we don't represent solely the employees of this town. We represent the taxpayers and must look carefully at the budget. The employees receive more than a salary. They receive health benefits, etc. I feel that a five percent (5 %) increase is not realistic, and I am not looking at drastic cuts but a reasonable assessment of the budget. E) Mayor Bernard Featherman — The United States Post Office replaced the mailbox in front of the Town Hall. The new mailbox did not have a snorkel which made it very difficult to place the mail in the box. We had many complaints from our residents because they could not reach the mail slot from their car window, and they had to get out of their car to do so. The mailbox is owned by the United States Postal Service and not us. Town Manager Brown, the Highland Beach Post Office and I worked on resolving this issue. I am happy to report that we now have a i Town Commission Regular Meeting Minutes Tuesday, August 4, 2015 Page 11 of 11 mailbox with a snorkel. The Commission works very hard for our residents and I want to thank them. 10. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: Town Attorney Shutt had no report. 11. REPORTS — TOWN MANAGER BEVERLY BROWN: Jim Jiovanazzo commented on the weeds on AIA during the public portion of the meeting. I am not sure why he mentioned it when he knows it is being taken care of by the Public Works Department. There is a concert at the Library on Thursday at 5:00 p.m. Our fire truck is in Tampa at the auction. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING: Carl Gehman, 1103 Highland Beach Dr . — I want to commend the Staff and the Commission for doing a great job. I also feel the Financial Advisory Board should be broadcast. 13. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Regular Meeting at 3:15 PM. MOTION: Vice Mayor Weitz moved to adjourn the regular meeting at 3:15 PM. Motion was seconded by Commissioner Stern which passed unanimously. APPROVED: l G ernard Featherman, Mayor W' li W itz, Vice Mayor 0A ou e , ommissioner C dman, Commissioner o Zelniker, ssioner ATTEST: Valerie Oakes, CMC, Town Clerk Date