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2016.01.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, January 05, 2016 1:30 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 Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Police Chief Craig Hartmann; Finance Director Cale Curtis; Public Works Director Edward J. Soper; Building Official Michael Desorcy; Library Director Lois Albertson 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 Feldman added under New Business as Item 71) a discussion on the purchase of the fire engine and rescue equipment. Hearing no further additions or deletions, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REOUESTS: Peter Rodis, 3224 S. Ocean Blvd. — Happy and healthy New Year to all. Netflix is playing a two hour version of my documentary called "What Happened Miss Simone". It has become a semi-finalist of 15 documentaries for the Academy Awards this year. On January 91h there will be five finalists picked, and I am hoping my film will be one of the five. Tim Burnich, 4505 S. Ocean Blvd. — I am in opposition to Ordinance No. 15-008 because I serve on the Code Enforcement Board, and do not believe a Chairman should not be allowed to call a meeting. Town Commission Regular Meeting Minutes Tuesday,January 5, 2016 Page 2 of 13 There needs to be some oversite in the Town by taxpayers and not just employees; especially since there is not one Town employee living in Highland Beach. George Kelvin, 4740 S. Ocean Blvd. — On November 11th, Veteran's Day, we raised the American Flag and a flag commemorating the POW's. It is my opinion that we should fly a flag commemorating all of our veterans 365 days a year. There is no one particular flag for all veterans. I am a designer and, if the Commission directs me, I will design a flag commemorating all veterans and submit it to the Commission for approval. I would hope this flag would be put on the Highland Beach flag pole and raised 365 days a year. Elizabeth Andrews, 3720 S. Ocean Blvd. and Chair of the Beaches & Shores Advisory Board — We are having a Town-wide beach cleaning day on January 25th at 9:00 AM and will meet at the Town Hall. It is open to all. If you need information,please contact the Town Clerk's Office. Peggy Gossett-Seidman, 4312 Intracoastal Dr. — I sent everyone an email response to the letter from Town Manager Brown discussing the code enforcement issues on our street. There have been several homes under construction. Currently there is one that has no fence around the construction site, no dumpster and the same code enforcement issues that we discussed for the home being torn down next to my residence. We would like to know that the Commission is working for us and not against us, and that the codes are put in place before construction and demolition occurs. There is a great need for fencing around these sites since we are all on some type of waterway, and there are many small children on our street. Also, the issue of septic tanks and propane tanks needs to be addressed. Is there anyway the property owner could be made aware that there is a septic or propane tank on their property before any construction takes place? There is also an issue with power outages in our development, exposed wires and Comcast cable wires. Pictures of the issues presented by Mrs. Seidman were entered into the record as Exhibit"A". George Rodriquez, 4216 Intracoastal Dr. —I am in support of all the issues told to the Commission by Mrs. Seidman. There are many exposed electrical wires belonging to Florida Power & Light that could present some serious harm. The codes should be properly obeyed, respected and enforced. With all the new construction in Highland Beach, I believe there will be a great strain placed on the Code Enforcement Department. I hope we can all work together to take care of the issues presented to this Commission. Vice Mayor Weitz —When issues arise regarding Comcast and Florida Power & Light (FP&L), do we have any legal responsibility or authority over them? Town Attorney Torcivia — They are private entities and the Town does not have any greater authority than the resident that contacts them. The Town could write a letter to FP&L in support of the resident, which might get a little more attention. MaXor Featherman — Does the Code Enforcement Officer deal with these issues? Town Manager Brown —They are electrical wires and Public Works Director Soper contacted the utilities company to come out to the site, even though it wasn't our responsibility. The Code Enforcement Officer cannot do anything utility wise because it is a private company. Commissioner Feldman — If we don't have codes that cover some of these issues, perhaps we could put them into place. We need to protect our residents. Is there an ordinance regarding fencing? Town Attorney Torcivia — We have an ordinance in place that would require fencing around construction sites. It will be on your next agenda for first reading. Town Commission Regular Meeting Minutes Tuesday,January 5, 2016 Page 3 of 13 Austin Seidman, 4312 Intracoastal Dr. presented pictures taken from his phone of the exposed wires (copies were not provided to the Town). Comm. Stern - Dealing with the utility companies is a very difficult situation. Edward Neidich, 4740 S. Ocean Blvd. - I am also in favor of flying a flag commemorating our veteran's 365 days a year. I would like to introduce my future brother-in-law, Aaron Cox, who is a 20 year military serviceman and briefly described his credentials. All our veterans need to be honored in any way they can. Comm. Feldman - According to the pictures presented to us, they look like live wires and should be reported. Peggy Gossett-Seidman - The wires are on the eight foot easement in the front of our property. These wires have been this way for eight months, and I have tried calling many times but to no avail. Building Official Mike Desorcy - The septic tanks that may be in Bel Lido fall under the purview of the Department of Health. Septic tanks and drain fields were installed in the past and were required to have permits. The Department of Health would have these permits showing locations of these tanks. It is not the Town's responsibility to track where these tanks are located. These tanks were probably abandoned when the sewer lines were installed. A permit is also required to abandon a septic tank, and they need to be filled in. The propane tanks are the responsibility of the utility companies, and they have records of where these tanks are located and their size. Regarding the tank next door to Mrs. Seidman's home, we received paperwork from the utilities company saying they had checked and the property was clear. I am not positive, but I do not believe the wires in question are high voltage wires and could be low voltage communication wires. I am in the process of working with Town Manager Brown and Town Attorney Shutt on the fence ordinance, which would require surrounding the property with six feet high fencing and no trespassing signs. We are dealing with other issues in the neighborhood as well. Discussion ensued regarding how to handle the utilities company when residents have problems such as the ones that have been discussed at this meeting. It is important to go to the top personnel such as CEO's of these companies, and not deal with customer service employees. Town Manager Brown invited Public Works Director Soper to address the Commission since he has been dealing with FP&L, Comcast and AT&T. PWD Soper - I have been out to the site numerous times, have taken numerous photos, and sent blast emails to FP&L, Comcast and AT&T. FP&L has been good about responding unlike AT&T and especially Comcast who is impossible to work with. The wires in question are low voltage or signal wires. They are in the utility easement, and the residents could contact them directly, or we can help contact them on our behalf. We are trying to make them more responsive, but they are very difficult to deal with. Judy Rodriquez, 4216 Intracoastal Dr. -How are properties surveyed when they are going to demolish a home to see if and where a tank exists, and how are they going to be removed? Mayor Featherman-Could we send a letter to the President of AT&T and Comcast advising them that we may take an action to protect our residents? Town Attorney Torcivia- I would be happy to send a letter if that is what the Commission would like me to do. The reality is that they do not answer to too many people. Comcast sends representatives to the League of Cities meetings, and they are the community people who worry about public relations. Perhaps we could reach out to them. Town Commission Regular Meeting Minutes Tuesdav,January 5, 2016 Page 4 of 13 3. PRESENTATIONS: Pam O'Brien, Executive Director of Aid to Victims of Domestic Abuse (AVDA) explained the purpose of ADVA and what they are all about. Their services are available to anyone who may need them. They reach several thousand people each year. She is here today to recognize Police Chief Craig Hartmann who has been on their Board of Directors since 2003. On January 201h, they will be celebrating 30 years of service at their annual Heart of a Woman Luncheon. They will also be honoring five members of the community that they identify as protectors, and Chief Hartmann is one of them. Police Chief Hartmann was presented with a Certificate of Appreciation and a copy of a page from their booklet with a summary of his years of experience with ADVA (attached as Exhibit "A"). Ms. O'Brien thanked the community for their support. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Town Clerk Oaks read the Board Action Report into the record. C) Board Vacancies: • Beaches & Shores Advisory Board—One (1) Appointment Talent Bank Interview Myles Schlam, 3594_S. Ocean Blvd. gave a brief description of his background and shared some of his ideas on how we could protect our beaches. He stated that he would enjoy serving the community as a member of the Beaches and Shores Advisory Board. MOTION: Commissioner Feldman moved to appoint Myles Schlam to the Beaches & Shores Advisory Board. Motion was seconded by Vice Mayor Weitz, which passed unanimously. • Planning Board—One (1) Re-Appointment Talent Bank Interview David Axelrod, 3740 S. Ocean Blvd. was out of the country and unable to attend this meeting. He asked Town Clerk Oakes to express to the Commission that he would like to continue serving on the Planning Board. MOTION: Commissioner Feldman moved to reappoint David Axelrod to the Planning Board. Motion was seconded by Commissioner Feldman, which passed unanimously. D) Monthly Board Meetings: • Coffee with the Mayor—January 13th —9:30 AM • Town Commission Workshop Meeting—January 26th— 1:30 PM • Town Hall Closed: January 18"—Martin Luther King Jr. Day Town Commission Regular Meeting Minutes Tuesday,January 5, 2016 Page 5 of 13 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 15-008 0—2nd READING. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE V, "CODE ENFORCEMENT BOARD", SECTION 2-101 "CONDUCT OF HEARING: 9; CHAPTER 20, PLANNING AND DEVELOPMENT", ARTICLE II, "PLANNING BOARD", SECTION 20-26, "ESTABLISHED; MEMBERSHIP; FUNCTION"; AND ARTICLE III, `BOARD OF ADJUSTMENT AND APPEALS; ADMINISTRATION", SECTION 20-48, "MEETINGS; FILING OF MINUTES" TO MODIFY WHO MAY CALL MEETINGS FOR ADVISORY BOARDS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Town Clerk Oakes read Ordinance No. 15-008 O into the record. Town Manager Brown — The purpose of this ordinance is to follow through with Vice Mayor's recommendation to modify the Code of Ordinances. Mayor Featherman opened the Public Hearing. Public Comments: Carl Gehman, 1123 Highland Beach Dr. — I am a member of the Code Enforcement Board and feel if the Chair wants to call a meeting, he should be able to. Commission Discussion: Comm. Zelniker — The Code Enforcement Board is a Quasi-judicial Board and should only be called if there is a legal issue. Is there a way we could divide this Board and create some new language so they could help us with the codes for our Town? Town Attorney Torcivia—Are you suggesting we create two different Boards? Some communities do not have a Code Enforcement Board, but they have a Special Magistrate. You can take the same members and have a Code Enforcement Advisory Board who would give the Town Commission advice on code issues. Comm. Stern — We have tried using a Special Magistrate and it was not successful, but that doesn't mean it couldn't be now. I think it is a great idea to have the Code Enforcement Board become an advisory board. Comm. Feldman — The Chair of each Town Board could meet with the Town Manager and discuss what they feel could be means for having a meeting. This Resolution does not state that, and it should be added to the resolution. Vice Mayor Weitz — The trend among cities and towns is that they are reducing their advisory boards and consolidating. The issue is that in our Town we pay people for these meetings. The Chair of any Board does not have the authority to allocate funds from this Town, and this is the reason it has to be done by the Town Manager. If the advisory boards feel that they have a need Town Commission Regular Meeting Minutes Tuesday,January 5, 2016 Pace 6 of 13 to meet on certain issues, and they should, all they have to do is consult with the Town Manager. This is not to limit the meeting, but to define who has the authority to call a meeting. Mayor Featherman — The advisory boards are very important to us, and they do inform the Commission about their concerns. Additional Public Comments: Tim Burnich, 4505 S. Ocean Blvd. — As Chairman of the Code Enforcement Board, we did meet quarterly to review the Code Enforcement Officer and the Building Department's reports. The members of these Boards are volunteers and I, for one, am not in it for the $25 stipend. We do not need the services of the Town Attorney unless we have a judicial hearing. The Chairman should have more input, and the Boards should meet on a quarterly basis; especially the Code Enforcement Board to see what issues are developing in the Town. Vice Mayor Weitz — I am not suggesting that anyone serves on these committees for the $25. It would be another issue if we decide at some point to look at all volunteer boards, and not pay any stipend. The way our ordinance is now established, we are required to pay the Board Members and money is allocated. Peter Rodis, 3224 S. Ocean Blvd. — As a member of the Board of Adjustment and Appeals, we only meet when there is a variance request. Further Commission Discussion: Comm. Zelniker — There is a need for the Town to have a Code Enforcement Advisory Board, and I would like to see it separated from the magistrate. Vice Mayor Weitz — This could be a discussion at a later date, but this has nothing to do with the Ordinance that is on the table. Comm. Feldman — Could we add some language to this ordinance that would state the Board members would not receive any stipend, if they all agree to it, and that the Code Enforcement Board only be an advisory board without legal representation? Town Attorney Torcivia — That would be a separate topic from the ordinance that is in front of you today. This is only limited to who calls the meeting. You could have a discussion at a later date regarding having a Special Magistrate or an advisory board. T MOTION: Commissioner Stern moved to adopt Ordinance 1\0. 15-008 O on the second reading g and have further discussions in the future. Motion was seconded by Commissioner Feldman. ROLL CALL: Commissioner Stern - Yes Commissioner Feldman - Yes Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. Town Commission Regular Meeting Minutes Tuesday,January 5, 2016 Pape 7 of 13 B) RESOLUTION NO. 16-001 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING EXPENDITURES OF TOWN FUNDS FOR FOOD/REFRESHMENTS AND PURCHASE OF GIFT CARDS FOR CERTAIN EVENTS/OCCASIONS — AS VALID PUBLIC PURPOSES; AND,PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read Resolution No. 16-OOIR into the record. Town Manager Brown — I received a letter from the Inspector General's Office indicating that they received an anonymous complaint regarding the Town of Highland Beach spending inappropriate money without benefit of public use. They recommend that since we do not have a policy ensuring that spending has a clear public purpose, the Town Commission adopt a resolution. I met with the Town Attorney and explained the purpose of the credit card and how it is used. This resolution should put us in compliance with the Inspector General. Commission Discussion: Comm. Stern—I think it is to our benefit to approve this resolution on the first reading. Comm. Zelniker — I am not in favor of this resolution because it is taxpayer money, and I would like to put this on hold until we have further discussions. I need more clarification on who and what touches a gift card. Commissioner Feldman — Section 2 states that the Town is hereby authorized to provide food/refreshments and or gift cards for the services and event/functions listed in Exhibit "A" (copy attached). I also agree that we need further discussion. If we approve this today on the first reading, there is no limit as to how much could be spent on these items. Vice Mayor Weitz —I cannot support this resolution the way it is written. The complaint made to the Inspector General's Office, by an unknown person, was because of a concern of the misuse of gift cards for purchasing items in a location in our Town. There is no way of tracking gift cards or determining what card is used for what item, and are they being used for personal items. The Inspector General did not make a criminal finding, but did issue a finding that there was questionable use of gift cards for the kinds of purchases being made. Were they not being used for the public sector as opposed to private individuals? There are items in this resolution that are budgetary items, which we reviewed and approved. Items such as hosting the League of Cities, City Manager Association and City Clerk's Association should be discussed and budgetary items that the Commission should be making decisions on. I am not comfortable with the purchasing policies of the Town. In the future, we should be looking for a Purchasing Department or Purchasing Clerk who would be responsible for all purchases, and not individual departments as we have now. Mavor_Featherman—I also cannot support this resolution as it is written. Comm. Stern — Do we have controls in place with regards to the birthdays, luncheons, retirements, etc.? Fin. Dir. Curtis — I believe our purchasing policies are very good controlling documents for what is purchased within this Town. The Inspector General's Office reviewed all Town Commission Regular Meeting Minutes Tuesdav,January 5, 2016 Page 8 of 13 our documents, and the gift cards that were purchased were in connection to loading electronic books on the Nooks in the Library. Our credit card policy forbids the purchase of gift cards. There was one or two gift cards purchased in the Library. The Library was made aware that this could not be done, and gift cards were no longer purchased. We have control and procedures in place for reviewing credit card statements and for any uncontrolled or inappropriate spending. Comm. Stern -- I have seen the documentation that goes into the approval of a credit card or gift card. Are we covered for a luncheon for the League of Cities in our budget? Fin. Dir. Curtis — This resolution does not take the authority away from the Commission to setting a budget for any type of program such as birthdays or event spending. That still lies with the Town Commission and the budgeting process, and would have to go through the Town Manager when we go through the procurement of it. This is not a blanket policy. What the Inspector General's Office is saying is that they have found no wrongdoing, but within your policies you should probably declare these things as sound public purpose. Vice Mayor Weitz — I disagree with your interpretation of the Inspector General. The issue is not to validate the things they questioned and were concerned about, it was whether this Town wanted to look at setting up a system that would regulate and control the spending of the dollars in this Town. I don't think we have, in all areas, systems for tracking and safeguarding spending. MOTION: Commissioner Zelniker moved to reject Resolution No. 16-001 R. Motion was seconded by Vice Mayor Weitz. ROLL CALL: Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Commissioner Feldman - Yes Commissioner Stern - No Mayor Featherman - Yes Motion carried 4 to 1. 6. CONSENT AGENDA: No Consent Agenda Items. 7. NEW BUSINESS: A) Approval of the Town Commission Minutes. D November 24, 2015— Workshop Meeting o December 1, 2015—Regular Meeting tiIOTION: Commissioner Stern moved to approve the minutes of November 24th Workshop Meeting and the minutes of December 1St Regular Meeting. Commissioner Feldman_ seconded the motion, which passed unanimously. Town Commission Regular Meeting Minutes Tuesday,January 5, 2016 Page 9 of 13 B) Schedule a Workshop Meeting to Review and Discuss the Policies & Procedures Manual. Town Manager Brown — The Financial Advisory Board has asked that the Town hire a consultant to review the payroll, benefits, practices and cost. Commissioner Feldman—We had one about two years ago, and I don't see any need for it. Town Manager Brown—There are three dates available for the Workshop Meeting in January: Wednesday, January 20th, Thursday, January 21st or Thursday, January 28th The Workshop Meeting is to be determined after the Commissioners review their schedules. C) Request from the Beaches & Shores Advisory Board for the Commission to Authorize "Our Beautiful Beach Pledge" Flyer be Placed at each Condominium Elizabeth Andrews, Chair of the Beaches & Shores Advisory Board requested that a flyer be posted at each condominium simply to remind residents that the beaches are our joint responsibility, ours to enjoy and ours to take care of. The "Our Beautiful Beach Pledge" was read into the record. Commission discussion: Discussion ensued regarding the placement of the "pledge". It was determined that it should be posted at each condominium and also on the Town's website. It was also suggested that it could be placed at the entrances to the beach. MOTION: Vice Mayor Weitz moved to authorize "Our Beautiful Beach Pledge" flyer to be placed at each condominium. Motion was seconded by Commissioner Stern, which passed unanimously. D) Discussion on the purchase of the Fire Engine and Fire Rescue Equipment Comm. Feldman — At the last meeting, we discussed the contract with Delray B c ay each �n the financial arrangements on both pieces of equipment. There were some items not discussed. I spoke with Michael Day from Hallmark regarding the cost of the ambulance. We were not told by Delray Beach that there is a two year bumper-to-bumper warranty on this piece of equipment. He also indicated that they have a local company that comes to us to repair and keep it in working order. The complete cost of the unit is 5334,279 with all the upgrades. If we take it from Delray Beach, we are paying them three percent (3%) every year. We have enough money to purchase this piece of equipment. We are only getting one-half (.5%) percent on our money now, so we would be losing two and one-half percent (2.5%). We need more information on the warranties and guarantees on the rescue equipment, and I feel we should buy it ourselves outright. Also, there is a finance cost on the fire engine. It may be more than three percent (3%). Fin. Dir. Curtis — There is an interest rate involved. The ten-year terms on the ladder truck is about two and one-half percent (2.5%). Comm. Feldman — We should purchase the ambulance, and make payments to Delray Beach for the fire equipment. I am also questioning Delray Town Commission Regular Meeting Minutes Tuesday,January 5, 2016 Paye 10 of 13 charging our residents for ambulance service to the hospital, and whether or not it is legal, since they are also billing Medicare. Town Attorney Torcivia — I spoke with the attorneys at the Health Care District and the Palm Beach County Fire Rescue, and they both. follow this procedure. It seems to be well accepted in the whole healthcare industry. Whether it be a private company or a municipal ambulance, the person is charged and it doesn't seem to violate any of the healthcare laws. Discussion ensued regarding whether or not Highland Beach should be the one to charge the residents since we would own the equipment. Town Attorney Torcivia — Highland Beach would have to become a qualified provider of ambulance services. Vice Mayor Weitz — If you become a provider, you would also become liable for litigation and lawsuits. There is a tremendous liability in terms of transport of healthcare individuals in ambulance situations. Town Attorney Torcivia— Under this agreement, the City of Delray Beach would be responsible. Comm. Stern — We signed a contract telling Delray to go ahead and make the acquisition. Tonight, at their meeting, they will decide if they are going to do this. After going through negotiations with other municipalities, this is the best we could get and we should not make any waves at this time. Further discussion ensued regarding the contract and accepting the finance agreement for both vehicles (Tables "A" & `B"). MOTION: Vice Mayor Weitz moved to accept Tables "A" & "B" as part of the contract agreement accepting the services from Delray Beach. 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. 8. MISCELLANEOUS ITEMS — LEFT OVER: None. Town Commission Regular Meeting Minutes Tuesdav,January 5, 2016 Page 11 of 13 9. REPORTS—TOWN COMMISSION: A) Commissioner Zelniker — There was an article in the Coastal Star regarding the body cameras for the Highland Beach Police Officers at a price tag of approximately 55,000. The money came from the Highland Beach Police Foundation, a non-profit organization 501C3. This is money donated by residents, and it ensures that they get the best possible police services. This purchase could have been asked for during the time of the budget. This Commission would have been glad to supply our Police Department with these cameras, and do whatever is necessary for the wellbeing and safety of our community. B) Commissioner Feldman — I would like to commission George Kelvin to design a flag to honor our veterans. In response to Peggy Seidman's concerns, we have to do more for the community. We should have meetings with the community, Building Department and the Code Enforcement Officer to explain both sides so we can work out these issues. C) Commissioner Stern — I have no report today. I hope to see everyone at the Coffee with the Mayor on January 131n D) Vice Mayor Weitz — I also want to comment on the article in the Coastal Star. It is a good thing to have non-profit organizations such as the Friends of the Library and the Police Foundation. They are utilized when departments do not get funds they feel they need to operate and provide services. Both the Library and the Police Department in this Town get excellent funding. Rarely, if ever, is there a request from the Library or the Police that is negated by the Commission in the budget process. The implication that the Police Department could not receive this funding any other way than private funding by the taxpayers of this Town is fallacious. Taxpayers pay money towards the Police Department and should not have to pay double, both in taxes and donations. Vice Mayor Weitz referred to an article in the Sun Sentinel regarding body cameras for Broward County and that the programs cost could be enormous, mainly because of the need to upload, store and manage public record requests of the videos, etc. Who will pay for these programs, and are they budgeted? It is important that the Town understand that this was never a rejection of this item. Vice Mayor Weitz referred to another article in the Sun Sentinel regarding Boca Raton and the automation of city services in the Town. I would implore our Town to look into ways of automating and using technology, not just to save money or labor, but to make it more convenient for the residents. E) Mayor Bernard Featherman—I would like to complement our Police Department in making the crosswalks safe for our residents. 10. REPORTS —TOWN ATTORNEY GLEN TORCIVIA: The construction fence ordinance has been drafted and will be on the next agenda. Happy and healthy New Year to all. Town Commission Regular Meeting Minutes Tuesday. Januar- 5, 2016 Page 12 of 13 11. REPORTS - TOWN MANAGER BEVERLY" BROWN: Tow n Manager Brown asked Police Chief Hartmann to come before the Commission to explain the Police 501(c)3 foundation and how it was formed and approved by the.Town Commission originally. Police Chief Cram Hartmann -When this started years ago, we were in the minority of municipalities that did not have a 501(c)3 foundation. People were coming to the Police Department and giving donations. We did not have a vehicle to accept them and, if we did, it went into the General Fund for the Town. Research was done and this foundation was created. This was something requested by our residents, and we mored forward with it. This Commission has been very supportive of what we do in this Town and there has never been a concern. I am sure if we presented this to the Commission, they would have been very supportive and approved the request. I have reduced our operating budget every vear since I have been employed by the Town. This was a concern during our last budget process, our cost and how we can save those types of monies. These are monies that come in from the outside as they do in all of the municipalities. It helps enhance what Nve already have, and not things that aren't funded, or you would not support. We know exactly what this program entails. We have very minimal contact that would come under big public records requests that would burden us. This camera is here to protect us, the Town and other problems that may arise. Comm. Zelniker-I appreciate what you do in keeping our community safe. Some residents have asked what you are spending this money on. Chief Hartmann - We sent out mailers. On the second mailer, wve explained what the funds are used for. Town Manager Brown suggested Chief Hartmann give a presentation sometime in the future on the Police Foundation 501(c)3. Comm. Feldman - If people in this Town do donate, you should use the money for the people in this Town. Town Manager Brown - State Representative Bill Hager is having a Coffee with the State Representative on Saturday from 9:00 AM to 11:00 ANI in Delray. If someone would like to talk to him about the public utilities, this might be the time to do so. We have a new website: �\ww.hi,,,hlandbcach.us. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Myles Schlam 394 S. Ocean Blvd. - I am in support of the Police Foundation. The body cameras are a good thing and a necessity. I w ould also like to complement the Library_ on their new Library cards. They are very impressive. Carl Gehman, 1123 Highland Beach Dr. - I want to wish everyone a happy New Year. This Commission as well as the Town Manager is doing a great job. Peggy- Gossett-Seidman, 4312 Intracoastal Dr. - I am told that the black wires are FPK,L and high voltage. The orange wires are Comcast and low voltage. There has been an FP&L temporary wire across our road for a while. I would hope you could adjust your correspondence to include those items. I would like w complement the Code Enforcement Officer who has made great progress on our street. The parking problems have been eliminated and the streets are being swept twice daily. Town Commission Regular Meeting Minutes Tuesday,January 5, 2016 Page 13 of 13 13. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Regular Meeting at 4:21 PM. MOTION: Vice Mayr Weitz moved to adjourn the meeting at 4:21 PM. Motion was seconded by Commissioner Stern, which passed unanimously. APPROVED: Bernard Featherman, Mayor Will Weitz, Vlilce Mayor Carl Feldman, Commissioner C oui Ste ommissioner a elniker, Co oner ATTEST: fkd�' 00- &;)- 'DD Iy _ Va erie Oakes, CMC, Town Clerk Date r '" -„ � a 446 i j t � Nodi ,� �•� a rl r Vol lot Ar 00 • t� • R �' j.r alt 4 f � sa + i e vp T . dr Nr . . w r y J r » y/t � rt 1( 't y { {l r F s t S i r r _ At Joo- 9 r v, ZION** � +� t ♦ !7 i z 15 _7Z _��..J s ti.+.'^' r �d •f� i A "�'#.+1i5._" '�'�`�rt lk dd r � Sim" -- . + � '• zmt'y..�'' � t a _ •1Rr > • w qqqq J '�' �" -•=;gyp r _ ;i} 'fes ,� -.r .'. _• � moi". .t" 44Ek, _ za r�e*r• 41 .a ,4 _ F'rte, ..1! jk t 40 46, oil 'A_T'kJPI I w i;'+'r r1. a �; :.,. ' ...� �..✓,.M.4 r '�y. 1 � F Toms1 40, Al h $. y , { c. i - t' _ _ -� ,tom f .e - i W i �`�i hd _ T.. - ''* ��:dL e y, a�`-•.,f i,gra��F,� t�.,.t-q Av •,irk rte_. *'`r ` � � �_MTt.' s� r c� ��#F .r a -...;L .. q� �''. �+#� �. � .:k � ••_fir i � �� F Af41 -r- . .•may 7 `k' ,�.4. t' - s 3 r _ .r - s t t- M x "+ft t- ■ ti .. It t "� 9 �► i ;. IL •'�, � � '�' a ,.. of 10 - y OL .i + _ . � '�k�lis • � " S9Lp i r ,t— . . _. _ ,. ,� .a . 3_ . .fit . :F r=�• Ile— I-If ' • i t ! s 1 r e t ° 1.4 # JI i • ` r t ; 9 ' Pk Nt �Wlo e t°{ s - t OW -'-��f li _.I. TTI i ..fi •r•�.�• . t4d °° t v ice, '` • � *-,� � .,x -`� s`--� �,��'�` � 3 _ ti ° -•. � tom... Si •�� r + 4r- .01 e , IN 4 y � . ti Y r { i w r yi y6 i i r e .. i - s i . S w 4L Asp .� E 14 lip 06. A 4N 41w- r �e w ,•w ^ � y y - IV y - i t . 7 i } , s � moi, � _ r' .P •, . �•, '�. 'j,�•r `�� '" '�,t '4 � - ;R � •rte � _ 1p 1p Ir r # i - i t• A 1. f ' i r a ■ - .b ,_ � E•M � � fir. .+E �r yAL Wt �� if xW pig i. •-.a $. �! Poll "� - - ��•� a �. � r ,r 1 r 01. r - az F ',fir i r - •t_ �. d _ "cam � �•` _ -.�k, ' - • -. � . �y F A � _ y t + r - AVDA's*9th Annual AV DA' of n/ A C'onmtuuiti:of'Hope Aid to Victims of Domestic Abuse, Irtc. ' Luncheon SERVEHONORS THOSE WHO AND PROTECT Chief Craig Hartmann Highland Beach Police Department In 2003, 1 had the opportunity of being appointed to the AVDA Board of Directors. At the time I was a Captain with the Delray Beach Police Department and fortunately for me, there is a requirement that the AVDA Board include a representative from law enforcement. As a board member, I have had the --M �` privilege of serving as the Vice Chair and Chair of the Board of Directors, as well as serving on several subcommittees and fund raising committees. Working closely with the President and CEO, we in law enforcement have built an excellent partnership with the AVDA staff and have made great improvements in providing safety and security and the best possible level of service to those in need and crises of domestic abuse. t,^ During my years as a board member, I have had the unique experience of working and interacting closely with some of the most dedicated and committed staff and volunteers of the AVDA team. Their passion and commitment to AVDA is so inspiring and admirable, and I'm fortunate and proud to be a part of the organization. FACES30 YEARS 30 ChampionsProtect SURVIVORS CHAMPIONS: Bob Bertisch, Esq. - Steven R. Braten, Esq. • Pat Corrington • John A. Foley, Esq. • Geri Grocki -Arlene Hyman • Barbara Manus - Marina Morbeck • Barbara Rodriguez • Marci Shatzman - Genevieve VanCamp - Anne Vegso • Mary Wong THOSE WHO SERVE AND PROTECT: State Attorney Dave Aronberg Clerk & Comptroller Palm Beach County Sharon R. Bock • Chief Jeffrey Goldman • Chief Craig Hartmann The Honorable Barry Krischer www.avdaonline.org i Cd ct � v cu Cd � '� Q y cuCN o r--� 7 ,Q cz ct 4-1 • r..� C� cb rd , ` V ., U O �' Cd Cd Page 3 of 4 Town Manager Town of Highland Beach, FL. 33487 561-278-4548 Please be advised that under Florida Law, emails and email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. -----Original Message----- From: Peg Sent: Wednesday, October 21, 2015 3:36 PM To: Beverly Brown; Bernard Featherman Subject: Water dumping, No fence Hello Ms. Brown and Mayor Featherman, Please note the hose in the photo dumping water today into the Intracoastal Waterway at the 4308 Intracoastal Drive construction site. This is not legal per Federal and State regulations regardless if it is wastewater, contaminated water, runoff from construction use or fresh water. It is not safe for fish, corals, sea grass or the environment. We checked with federal regulations. Also there is no construction fence per code at the site and they have been working for two months to date. The dirt and debris blow in the wind and it is unsightly. 11/30/2015 Page 4 of 4 The plastic snow-type fence they installed partially on the site is not to code and is not a fence. Code requires a wooden fence or wire fence with fabric or material slats around all sides of property. Could you please see that these two and any other code violations are corrected please? We would appreciate it. We do not know why codes are enforced irregularly. We are writing you because you have been professional and effective in supporting is homeowners with our concerns. Best, Barry and Peggy Gossett-Seidman 561-271-5050 11/30/2015 Page 2 of 4 Please be advised that under Florida Law, emails and email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. -----Original Message----- From: Peg Sent: Wednesday, October 21, 2015 9:22 PM To: Beverly Brown Subject: Re: Water dumping, No fence Thank you. My husband said viewing from our boat the hose has been in the water several days and this photo may also be the electrical wire which fell into the water, also not safe. Thank you. Sent from my iPhone On Oct 21, 2015, at 4:44 PM, Beverly Brown wrote: Will discuss this with the Building Inspector tomorrow morning. Thank you. Beverly Beverly M. Brown, MMC 11/30/2015 Page 1 of 4 PEGGY From: "Peg"<p7eg@earthlink.net> Date: Monday,November 30,2015 4:49 PM To: "Peg"<p7eg@earthlink.net> Subject: Fwd: Water dumping,No fence Peggy Gossett-Seidman 561-271-5050 Sent from my i-Phone Begin forwarded message: From: Peg <p,;` ,f ;, I> Date: October 2i,-2015 at 3:14:41 PM EDT To: Beverly Brown Subject: Re: Water dumping, No fence Thank you very much, Ms. Brown. Have a nice weekend. Sent from my iPhone On Oct 23, 2015, at 9:07 AM, Beverly Brown <'t II , ,:i.hi,i:las ,, ;.i:.,.. ,> wrote: The Code Enforcement Officer has talked with the contractor and will be going out there today to further remind him of his obligations under the Code. Beverly Brown Beverly M. Brown, MMC Town Manager Town of Highland Beach, FL. 33487 561-278-4548 11/30/2015 r meq. �••�. ,, r ar i y _ • � JN t 106 40 R. Vl— y ' RAF' ma y►, -, w .. r ry, s �. r i4 t T. a t �e f <t r.. ._'. - .;,yF. 4! a �.' � � w *.� v ,. �� �' S .��• i w ._ __ — � �(.. s.. f fi^ � �4 t x V 4 ,f �! t y V , � R I optk - R s.J. . a •'Y� of� ��� f F� ` IP •Ar. t ` 2 � � ,F � f♦ s� � d +K �� .� k,, i t 41 ._ Ap oll OW AP owe , 1 � f .� f� ^� r • Y� K.LF ` q _ ._ t H t • s Page 1 of 7 PEGGY 0Sv4- pi- l,c L�t�Co���cC/ From: "Valerie Oakes"<voakes@ci.highland-beach.fl.us> t �jY1 Date: Tuesday,November 10,2015 12:02 PM L ' To: "Peg"<p7eg@earthlink.net> Cc: 'Beverly Brown"<bbrown@ci.highland-beach.fl.us> Subject: RE:Nearly 6 foot high pile of dirt and debris Good morning, Ms. Gossett-Seidman— Our Code Enforcement Inspector and Building Official spoke with Ed from Sabre Construction. The pile of dirt and the steel that is on the property is for the slab. The contractor will be pouring the slab next week, so the pile of dirt and the remaining steel will be cleared away. Regarding the fence, per the Building Official, it is in compliance with the code. The Code Enforcement Division and the Building Department ensured me that they are working with the contractor to safeguard the residents and guarantee code compliance. Please let me know if I can be of further assistance. Thank you and happy holidays! Sincerely, Valerie Oakes, cmc Town Clerk Town of Highland Beach 3614 S. Ocean Blvd. Highland Beach, FL 33487 P. (561) 278-4548 F. (561) 265-3582 www.ci.highland-beach.fl.us "What the mind of man can conceive and believe, it can achieve."—Napoleon Hill Please be advised that under Florida law,a-mails and e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. From: Peg [mailto:p7eg@earthlink.net] Sent: Monday, November 09, 2015 4:00 PM To: Valerie Oakes Cc: Beverly Brown; Bernard Featherman Subject: Re: Nearly 6 foot high pile of dirt and debris Ok great, thank you very much. Peggy Peggy Gossett-Seidman 561-271-5050 Sent from my i-Phone 11/30/2015 Page 2 of 7 On Nov 9,2015, at 3:26 PM,Valerie Oakes<<oahes d.ci.highland-beach.fl.us>wrote: Good afternoon,Lis.Gossett-Seidman— This is to confirm that I am in receipt of your email. I have contacted our Code Enforcement Department. The officer will conduct an on-site inspection and contact the contractor. 1 will follow up with you once I hags heard from the officer. Thank you in adN,ance for your patience. Sincerely, C)7ak7ie Oakc,r, CMC Town Clerk Town of Highland Reach 3614 S, Ocean Bled. Highland Reach, FI. 33487 P. (561) 278-4548 F. (561)265-3582 \\_\\A\.Ci.higl1L1nd beach.fl.u�, "What the mind of man can conceive and believe,it can achieve."—Napoleon Hill Please he ad\i,cd that under Florida Lm,c niad�and e mail.tddrrse,are puhli�_ records.If VOLT do not\N ant VOLIr e mail address released in response to a Public records request,do not send electronic mail to this entity. From: Peg [mailto:p7eg@earthlink.net] Sent: Monday, November 09, 2015 3:19 PM To: Valerie Oakes Cc: Beverly Brown Subject: Fwd: Nearly 6 foot high pile of dirt and debris Peggy Gossett-Seidman 561-271-5050 Sent from my i-Phone Begin forwarded message: From: Peg<p7eg,ii earth]ink.net> Date: November 9, 2015 at 1:12:45 PM EST To: "bbrown!"er ci.liighland-beacli.tl.us" <bbron-Wei ci.hi,.;hland-btach.fl.us>, "bfeatherman(&ci.highland-beach.fl.tis" <bfeatherman'a ci.highland- beach.fl.us> Subject: Nearly 6 foot high pile of dirt and debris Hello Mayor Featherman and Ms. Brown, Thank you for your recent action resulting in the 4308 Intracoastal Drive construction site installing a fence at the road-side of property. We also appreciate the site workers sweeping the street almost daily. 11/30/2015 Page 3 of 7 Since then, construction workers have piled up dirt, metal pipes, rocks, garbage and debris to nearly 6 feet tall by 15 feet wide and left it uncovered since on the site since the week of Oct. 19. The pile keeps getting bigger each week and is nearly taller than the front fence. This is in violation of Highland Beach Codes Chapter 12-1 and 12-2 at a number of levels. The Code Sec. 12-2 (a) states: "It shall be unlawful for any person to cause, permit or allow the emissions of particulate matter from any source whatsoever, including, but not limited to, incidents caused by vehicular movement, transportation of materials, construction, alteration, demolition or wrecking of buildings or structures, or the stockpiling of sand and dirt, without taking reasonable precautions to prevent such emissions or to preclude fugitive particulates that may trespass on neighboring properties during dry and windy weather. In the case of stockpiled materials, such materials shall be stabilized by adequate coverings, by wetting or by chemical application to the satisfaction of the building official." Further, Sec. 12-2 (g) states: "All construction debris not placed in a dumpster shall be removed from the construction site within forty-eight hours." The site has no fence on three sides of the property, also in violation of Code, Section 12-4 (a) which states, "All construction sites where a permit is required and where construction is visible and/or accessible from a public road shall have a construction fence installed across all sides of the site where access can be gained by the public. Such fence shall remain and be kept in good condition throughout the duration of the construction job." In case you wonder how many people or passers-by may access that land, please note that location was the where a stolen wallet, credit cards, electronics and stolen driver's license was found discarded a few months ago. As a result of no fence installed on the sides, and the mound of debris, large quantities of dirt are blowing onto our and our neighbors'properties, littering our driveway, covering our windows and blowing all over our landscaping, especially over the weekend with wind and rain. Dirt also is seeping from underneath the pile. The trenches dug at the site are eroding our land at our main northeast corner fence post. I brought this to the attention of a manager Julio and politely asked him to fill some soil back there but they have not done so. We had inquired about a fence in August and the workers said one would be constructed. We patiently waited for two months through demolition and removal and the propane-tank gas leak incident. Code requires a fence should have been up throughout demo but that was not enforced. Now we have wet windy weather forecast tomorrow and are heading into a season of less tranquil weather. We respectfully request that Codes be enforced 11/30/2015 Page 4 of 7 to lessen the impact of this project on our neighborhood. Our neighborhood is replete with good people who have lived here a long time. One would think our building department and the these builders would do everything they could to lessen the impact on these good neighbors and not wait until we elicit your assistance to have Codes enforced. Thank you once again for your assistance and service to the community. I will forward copies of this to any neighbors inquiring. Best, Barry and Peggy Gossett Seidman, 4312 Intracoastal Drive, Highland Beach F133487 y Y 1 Y Y r, • r +*• .. l� v�',,,�'. .+ .moi -:�' " '.�� *� *+ 11/30/2015 x ok vo Ak "Awl. � - �-,•,sem - c ,mss400, ,/f! < f 4 r F 4Vrte: .. it S` t r - d " ..:.rte' ` � '� •+#• � : •"„"'�'.,.ati.A � !t h+ t • a St u t r {j. � 4 F i t ' —,tog, ,_ r ..,, c� ,�... �; -.. � , yrs �' �• � ��r' OL �� Page 1 of 2 PEGGY ( 1Jy���-- :n m� SJ From: 'Beverly Brown"<bbrown@ci.highland-beach.fl.us> Y�)U r.S Date: Monday,November 23,2015 9:17 AM To: "Peg"<p7eg@earthlink.net> > ��� I Subject: RE: Work hours Peg - The contractor has been reminded of the time notifications and in addition, I will have the Police check in the morning. Beverly Beverly M. Brown, MMC Town Manager Town of Highland Beach, FL. 33487 561-278-4548 I'brq�,vn (_! (ig1II.1i1 ;1 _;,' Please be advised that under Florida Law, emails and email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. -----Original Message----- From: Peg [mailto:p7eg@earthlink.net] Sent: Monday, November 23, 2015 7:48 AM To: Carol Holland; Michael G. Desorcy Cc: Beverly Brown; Bernard Featherman; Ron Brown Subject: Work hours Hello Everyone, the job site workers at 4308 Intracoastal Drive are routinely starting work before 8 a.m. most days. Usually they start at 7:15. Please advise them of the 8 a.m. start time. They were hammering forms two weeks ago, pouring cement from trucks and unloading scaffolding last week, and now unloading CBS in the street today beginning at 7:15 a.m. The backup alarm on the trucks and bobcats are obnoxious and workers are noisy, and we have all three kids home for holidays being awaken by this earlier 11/30/2015 Page 2 of 2 than is necessary. Thank you very much. Peggy Gossett-Seidman and Barry Seidman MD 11/30/2015 Nov. 2$, 2015 PETITION TO HAVE THE TOWN OF HIGHLAND BEACH ENFORCE CONSTRUCTION CODES AND MUNICIPAL CODES We, residents of Bel Lido Isle in Highland Beach, formally request the Town of Highland Beach to fully enforce the Construction and Building Codes as noted in the town Municode. Specifically,we ask the Town of Highland Beach to address and enforce issues related to but not limited to: 1. Enforcement of height and setback restrictions to single family homes, 2. Enforcement of construction fences on all four sides of the property and not just the street side, a new interpretation of this practice in Bel Lido, 3. Enforcing all codes before demolition or construction work begins on a single family home, including putting up the four-sided construction fence, a dumpster for construction refuse, garbage can for worker refuse, portable toilet facilities enclosed and shielded from view, sweeping the streets twice daily, sufficient worker parking and all other requirements. These are all noted in the Town Codes but are not unilaterally enforced. We also request a board or oversight committee for the Building Department so that these requirements are enforced. We,the residents, do not wish to be put in an oversight and reporting position to keep our city construction codes and laws intact and enforced. Thank you. n / ( cV.,f +30LGf AJ-3 C.2q ✓`Q P/a= Ar--erg 4- 31 '7 � y Sec. 12-4. - Construction fences. I Code of Ordinances I Highland Beach, F... Page 1 of 7 Highland Beach, FL Browse Q Results -S-Changes new! Q construction fence OQc Sec. 12-4. -Construction fences. i Code of Ordinances Qs fc Sec. 30-81. - Fences and walls within coastal construction control line. ( Code of Ordinances QQc SECTION 6. -CONSTRUCTION PROVISIONS. i Code of Ordinances aOOc Sec. 12-2. - Construction site cleanliness; construction site safety. I Code of Ordinances 00 Sec. 26-62. -Construction methods. i Code of Ordinances O�c Sec. 30-68. - Supplemental district regulations. i Code of Ordinances �0 Sec. 1-2. - Rules of construction. I Code of Ordinances Os Sec. 26-63. -Supervision of construction. i Code of Ordinances 0�Sec. 32-13. - Construction bond. i Code of Ordinances r1_01Oc Sec. 12-1. -Construction site parking; storage of materials. i Code of Ordinances SOSec. 6-127. -Construction. i Code of Ordinances �2 Ec Sec. 12-10. -Tree protection during land clearing and construction. i Code of Ordinances Scroll to Top 13 oc Sec. 25-1. -Obstruction of streets, sidewalks—Prohibited. i Code of Ordinances https://www.municode.com/library/fl/highland beach/codes/code of ordi... 11/30/2015 Sec. 12-4. - Construction fences. I Code of Ordinances I Highland Beach, F... Page 2 of 7 14 o Chapter 12 -CONSTRUCTION SITES I Code of Ordinances 15 o Sec. 26-92. - Pavement cuts; restoration. I Code of Ordinances F161 o Sec. 9-6. -Additional requirements for multi-unit construction. I Code of Ordinances F17]o Sec. 12-3. -On job toilet facilities. I Code of Ordinances 1s a Sec. 20-303. - Standards for reducing flood hazards in the area of special flood hazard. I Code of Ordinances 19 Q Sec. 20-305. - Standards for reducing flood hazards in certain zones within the area of special flood hazard. I Code of Ordinances 20 O Sec. 12-6. - Hours of construction. I Code of Ordinances 21 o Sec. 20-137.-Tree protection during land clearing and construction. I Code of Ordinances 0�Sec. 6-131. -Violations; building permits withheld. I Code of Ordinances 0QSec. 6-129. - Inspection. I Code of Ordinances oc]Sec. 26-90. -Water system construction. I Code of Ordinances oc Sec. 26-88. - Supervision and inspection. I Code of Ordinances 1 2 3 4 5 » »» Chapter 12 - CONSTRUCTION SITES modified Sec. 12-1 . - Construction site parking; storage of materials. Sec. 12-2. - Construction site cleanliness; construction site safety. Sec. 12-3. - On job toilet facilities. Sec. 12-4. - Construction fences. -Scroll to Top Sec. 12-5. - Hurricane preparedness. https://www.municode.com/library/f/highland_beach/codes/code of ordi... 11/30/2015 Sec. 12-4. - Construction fences. I Code of Ordinances I Highland Beach, F... Page 3 of 7 Sec. 12-6. - Hours of construction. Sec. 12-7. - Construction site noise. Sec. 12-8. - Ingress and egress. Sec. 12-9. - National Pollutant Discharge Elimination System (NPDES). Sec. 12-10. - Tree protection during land clearing and construction. Modified % $ Q e eb Sec. 12-1. - Construction site parking; storage of materials. % $ ® Ia Ql (a) During construction,whenever possible,the contractor shall arrange to provide off-street parking. (b) It shall be unlawful to place or use on premises in the town any portable,fixed or mobile grout plants or concrete(batching) mixing plants where the capacity of the plants exceeds two(2) cubic yards. (Ord. No. 688, § 20, 1-2-01) Sec. 12-2. - Construction site cleanliness; construction site safety. % 44 6 e 66 (a) During the course of construction or demolition work being done on any premises, it shall be unlawful for any person to cause, permit or allow the emissions of particulate matter from any source whatsoever, including, but not limited to, incidents caused by vehicular movement,transportation of materials, construction, alteration, demolition or wrecking of buildings or structures,or the stockpiling of sand or dirt,without taking reasonable precautions to prevent such emissions or to preclude fugitive particulates that may trespass on neighboring properties during dry and windy weather. In the case of stockpiled particulate materials, such materials shall be stabilized by adequate coverings, by wetting or by chemical application to the satisfaction of the building official. (b) Construction sites and neighboring properties are to be maintained in a clean condition at all times and any paper:, litter, Airt, At and/or construction materials are to be disposed of and/or60e end of each day's work. (c) https://www.municode.com/library/fl/highland beach/codes/code of ordi... 11/30/2015 Sec. 12-4. - Construction fences. I Code of Ordinances I Highland Beach, F... Page 4 of 7 It shall be unlawful to unload and/or store any material used or required on any construction site without a permit having been issued for construction and/or demolition at that specific site. (d) It shall be unlawful to store any material in an unsecured area which is deemed unsafe or a danger to those accessing the site. It shall be unlawful to store any construction materials in any manner whereby the material or a portion of the materials is stored outside the legal boundaries of the site. Reasonable exceptions to this subsection,for a reasonable period of time, may be considered on a case- by-case basis by the town commission. (e) All areas surrounding construction sites which are affected by dust, dirt and debris from the construction site shall be swept clean of such dust, dirt and debris a minimum of two times per day,at least one of which must be at the conclusion of work for that day. (f) Any pool under construction shall be kept clean of any debris until such time as the pool is properly filtered.All sitting water in pools under construction must be properly treated to eliminate algae, insects, etc. (g) All construction debris not placed in a dumpster shall be removed from the construction site within forty-eight(48)hours. (h) The contractor shall be responsible for placement and emptying of adequate disposal containers for food,wrappers and other nonconstruction related garbage. (i) In addition to other remedies for violation of this Code,the violation of this section shall constitute grounds for the issuance of a stop work order by the building official in accordance with the provisions of the building code. (Ord. No. 688, §20, 1-2-01) Sec. 12-3. - On job toilet facilities. % $ ® e e?] It shall be the duty of the owner or contractor on any construction work in the town requiring a permit to provide and have available on the premises where such construction work is taking place such toilet facilities for all workers during the entire construction period as are deemed adequate by the building official. If a temporary building is used for that purpose, its condition, location and operation shall be approved by the building official. Such temporary toilet facility shall be kept in a clean condition and effectively sight-screened from all roads, streets, etc., by walls, hedges, buildings or other methods as approved by the building official. (Ord. No. 688, § 20, 1-2-01) Sec. 12-4. - Construction fenc%)II to Top AL % 8 6 0 Q) https://www.municode.com/library/fl/highland_beach/codes/code of ordi... 11/30/2015 Sec. 12-4. - Construction fences. I Code of Ordinances I Highland Beach, F... Page 5 of 7 (a) All construction sites where a permit is required and where construction is visible and/or accessible from a public road shall have a construction fence installed across all sides of the site where access can be gained by the public. Such fence shall remain and be kept in good condition throughout the duration of the construction job. (b) At a minimum, construction fences must be constructed of solid wood or chain link with a scrim. Fences must be a minimum of three(3)feet and a maximum of six(6)feet in height. (c) The number and location of gates allowed for construction site access shall be determined by the contractor and approved by the building official prior to erection of the fence.Any unresolvable dispute between the contractor and the building official regarding either the number or location of gates shall be resolved by the town manager.The town manager's determination shall be final and binding. (Ord. No. 688, § 20, 1-2-01) Sec. 12-5. - Hurricane preparedness. % ig ® ee (a) All construction materials on-site shall be properly secured and fastened upon a hurricane watch being issued and/or notification by the building official that the town has declared an emergency situation. (b) Any roof tiles placed on the roof but not yet fastened before the issuance of a hurricane warning shall be removed from the roof or properly secured and fastened. (c) Failure to follow the directive of the building official or his/her designee with regard to securing such building and/or construction material may result in a stop- work order being issued and/or a maximum five thousand dollar($5,000.00)fine, such amount to be determined following the hurricane by the town commission. Failure to pay such fine, if assessed,will result in a certificate of occupancy or a final inspection being withheld. (Ord. No. 688, §20, 1-2-01) Sec. 12-6. - Hours of construction. % $ ® eQ! (a) The erection (including excavation), demolition,alteration or repair of any building in a residential district is prohibited between the hours of 6:00 p.m. and 8:00 a.m., and on Sundays and holidays, except in the case of urgent necessity or in the interest of public safety and then only�: h a per„�from the proper town officials, which permit may be renewed for a perW61f tbrg(3)days or less while the https://www.municode.com/library/fl/highland beach/codes/code of ordi... 11/30/2015 Sec. 12-4. - Construction fences. I Code of Ordinances I Highland Beach, F... Page 6 of 7 emergency continues. For the purposes of this subsection, "holiday" shall be defined as any full day when the administrative offices of the Town of Highland Beach are closed except for the day after Thanksgiving. (b) No construction workers associated with a construction project may arrive on-site more than one-half hour before or leave said site more than one hour after the construction hours listed in subsection (a)above. (Ord. No. 688, § 20, 1-2-01) Sec. 12-7. - Construction site noise. % 4; 6eeb It shall be unlawful for any person to make, continue, or cause to be made any loud or raucous noise; any noise that tends to annoy the community or injure the health of the citizens in general; or any noise that annoys,disturbs, injures or endangers the comfort, repose, health, peace or safety of any considerable number of persons. (Ord. No. 688, § 20, 1-2-01) Sec. 12-8. - Ingress and egress. % a2e66 (a) All vehicles delivering materials to or picking up materials from any construction site within the town limits shall follow the legal rules of the road. (b) Any vehicle which will be obstructing the normal flow of traffic for a period greater than three(3)minutes shall have a flag person present to assist in the safe passage of other motor vehicles. Such flag person shall wear a reflective vest. (c) Any case where traffic is known to be disrupted for a period in excess of five minutes must be approved, in advance, by the Highland Beach Police Department and a police officer must be on-site during the disruption. (Ord. No. 688, § 20, 1-2-01) Sec. 12-9. - National Pollutant Discharge Elimination System (NPDES). % $ D e 121 All applicable sections of the National Pollutant Discharge Elimination System (NPDES) requirements applicable to the town are incorporated as requirements hereto. (Ord. No. 688, §20, 1-2-01) Scroll to Top https://www.municode.comAibrary/fl/highland-beach/codes/code—of ordi... 11/30/2015 Sec. 12-4. - Construction fences. I Code of Ordinances I Highland Beach, F... Page 7 of 7 Sec. 12-10. - Tree protection during land clearing and construction. % $ ® e it All requirements related to tree protection during land clearing and construction listed in section 20-137 of this Code are incorporated into this code section by reference. (Ord. No. 688, § 20, 1-2-01) •Scroll to Top https://www.municode.com/library/f/highland_beach/codes/code_of ordi... 11/30/2015 Pagel of PEGGY From: "Peg"<p7eg@earth1ink.net> Date: Monday,November 30,2015 4:50 PM To: "Peg"<p7eg@,earth1ink.net> Subject: Fwd:4th day No Phone or Or Internet Service Peggy Gossett-Seidman 561-271-5050 Sent from my i-Phone Begin forwarded message: From: Peg Date: September 27, 2015 at 4:31:27 PM EDT To: Beverly Brown < Subject: Re: 4th day No Phone or Or Internet Service We reported it beginning Thursday night and AT&T knew about it and had trucks out Thursday night but would not fix our house. Why we have to wait another four days is not fair. We appreciate your and the police department's help. Thank you. Sent from my iPhone On Sep 27, 2015, at 4:13 PM, Beverly Brown The Police Dept notified AT&T as soon as it was discovered on Friday. They will follow up first thing in the morning. Beverly Brown Sent from my iPad 11/30/2015 Page 2 of 3 On Sep 27, 2015, at 3:22 PM, Peg < __�:, wrote: Hello Mayor and Ms. Brown, can you assist us in getting telephone, and Internet service back to our house with the town's connections to such providers? Our lines were clipped last Thursday as we reported to you. After numerous calls to the telephone company, we still have no home telephone or Internet service, and no home alarm or fire alarm security service which utilizes those lines. We are tied in to the 4308 Intracoastal Dr. construction site by AT&T, because every other two houses are strung together between cement poles by AT&T on this street. As there is no house there, they have no need of the service. AT&T told my husband they will not rush out for one house. Ridiculous when that site's trucks likely snapped the wires. Meantime our security is compromised and business is down as my husband uses the Internet for his medical practice, and my son home from college cannot use the computer for assigned study. Once again we are suffering major inconvenience and home security issues due to construction. We would appreciate any assistance you may provide. This has been a terrible few weeks with that site. Thank you, Barry Seidman M.D. and Peggy Gossett-Seidman 4312 Intracoastal Drive 11/30/2015 Page 1 of 2 PEGGY 6­0 From: g@ "Peg P"< 7e earthlink.net> Date: Monday,November 30,2015 4:57 PM To: "Peg"<p7eg@earthlink.net> Subject: Fwd: Homeowner Responsibilities Peggy Gossett-Seidman 561-271-5050 Sent from my i-Phone Begin forwarded message: From: Peg < o 'c`; cartl�litlk.net> Date: September 10, 2015 at 11:46:24 PM EDT To: Mayde Lebensfeld <lila�del Goldstein Karen <kai-eiigoldstein l («aol.crnn> Subject: Fwd: Homeowner Responsibilities Had to send this today. Really bad situation yesterday. I am still up north with ailing parents, be back next week. Oxox Sent from my iPhone Begin forwarded message: From: Peg <p 'L ;�i��l.tillillk.11et> Date: September 10, 2015 at 3:42:24 PM EDT To: "bbivy,\} i c4-Ll.hi itl�iil(l-l�ta�ll.ti.11�" <i�J1'li.'ali,.( CiAli'dlllalld- beachAl.u,> "hfeatheniiaii(«)ci.hiLdlatid-heach.fl.LIS" <bieatilti'illail �( l i.11l��7l�illla-l)��t�ii,il.U�> Subject: Homeowner Responsibilities Hello Ms. Brown and Mayor Featherman, contractors and homeowners are required by Florida law to contact 811 -- not 511 as I thought-- prior to demolition and excavating. Specifications of their findings are required to be noted by marking in paint in the street to show designated sunken gas tanks, lines and other utilities. This is required by law and was not conducted at the site, the gas company responders told my husband. 11/30/2015 Page 2 of 2 Would not a professional contractor and building dept. know this and enforce it? Had the contractor done this survey, which usually is for no fee, my husband would not have had to take off 4 hours of work from his medical practice to try and gain access to our home for its safety and our pet cats. We had gas fumes in the house, AC and electricity was shut off and the street was shut down for about two hours. Workers continued to discharge the sunken propane tank into the evening hours. Neither we nor our neighbor who checks our house and cats were allowed access to property and no one answered my husband's calls to Town Hall of Delray Fire until late. This is unacceptable. What else is on the property that is hidden? The 4308 Intracoastal Drive construction site is not up to code. There is no fence that meets code which requires chain link with tarps or wood 3-6 feet high and shielded from street. There has been no dumpster and garbage can for personal worker food and refuse. As of a few days ago the portable toilet was not fully obscured. Today 3 trucks were blocking our driveway. We respectfully request that the Town of Highland Beach bring the site up to code before work continues. The site may not continue its code violations, not to mention lack of common courtesy for neighbors, for the next year of construction. There are 20 kids and grandkids on the street, pets and people trying to enjoy their neighborhood. This is a safety and health issue. We are holding the town accountable and responsible. Following the Code of Ordinances is not optional. It is the law. Thank you, Barry and Peggy Gossett Seidman 4312 Intracoastal Drive cc: Florence Snyder, P.A., Esquire litt p: Ii` Iltici i z .i ulll ;17ti�'� Il pon=co»i_ content& ie�k= rticle&i [remici=l CSS Sent from my iPhone 11/30/2015 hF t 14 +f,+. -R Jay ,, �• ' ++ .� IWO- f »r/ 1 4 Oro k l' s Page 4 � , Sent from my Whone 11/30/2015 �r r4 f Grandmother, grandson killed in Ohio house explosion(Incredible picture of what was a house) WKRC ^ 103/02/20111 WKRC Posted on 3/2/2011 12:26:05 PM by TSgt SUFFIELD TOWNSHIP, OH (WOIO) - A grandmother and her grandson were killed when their Portage County home exploded early Wednesday morning. The coroner has identified the victims as 63-year-old Regina Proudfoot and 21-year-old Robert Croft. Nobody else lived with them. Investigators tell the CBS affiliate in Cleveland, WOIO-TV, that the home-which is about 35 miles southeast of Cleveland-was heated by propane, and confirmed around 11 a.m. that the incident is propane-related. However, the exact origin and cause of the 4 a.m. explosion have not yet been pinpointed. The house had a 500-gallon propane tank which had recently been refilled. Nearby homes were also damaged in the massive explosion, which could be felt miles away in the neighboring city of Hartville. Homeowner Responsibilities Page 1 of 4 Gula para la excavacion Damage Prevention Guide Online Store Calendar Contact us search... Home Homeowners On This Site AddThis Home 1 SHARE Internet Ticket Entry Information Homeowners HOMEOWNERS Excavators Utilities Every digging project, whether large or small, requires ' About Sunshine 811 II to 811. Enforcement 16 Education Safety Matters Press Room Marketing Resources Forms and Applications Links The Employment Pref Site Map SafE Internet Tools Positive Response System Internet Ticket Entry Extraordinary Circumstances Florida Virtual Private DIRT IrthNet Non-Member Reporting PROCESS Email List Server hittp://www.sunshine8l I.com/index.php?option--com—content&view--articI... 11/30/2015 Homeowner Responsibilities Page 2 of 4 Site Login 1. Call 811 before you dig Maintenance& DowntirrAnytime you're digging, you need to call 811. That includes digging f Info replacing a mailbox, installing a fence and putting in a pool. Before c Follow Us be prepared. If you're hiring a contractor, make sure they call to 811. You may: • Not know the full extent of the work • Not know the complete schedule of the work dates • Not know the type of equipment being used, or any special infc that may be pertinent. 2. Wait 2 days W h a t `- Wait two full business days for utility companies to send their locators to mark any underground lines in your F yard with paint and flags. 0 Locate marks are good for 30 calendar days. Any work beyond that requires another call to 811. If locate 0� marks are destroyed before your project is done, stop C digging and call 811. Then wait two full business days. s 3. Confirm Utility Response G Check the Positive Response System to see the utility responses. Anything you see in the yard that conflicts with the response a utility provided needs a follow-up call to the utility company. That contact information is on the locate ticket. To access PRS, visit www.online8ll.com or call (800) 852-8057. 0 NOTE: Not all utility owners will locate privately-owned 11119 utilities such as water and sewer lines from the meter to your house home to an outside building. 4. Dig carefully Locate marks tell you the approximate location of underground utiliti tolerance zone from the outer edges of the line, pipe or cable. And tt anywhere in that area at any depth, shallow or deep. NOTE: Even if you think you know where an underground line is, tim Erosion or tree roots can shift those utility lines. For more informatio http://www.sunshine8l I.com/index.php?option7—com—content&view--articI... 11/30/2015 Homeowner Responsibilities Page 3 of 4 BE PREPARED WHEN YOU CALL Utility locators are responsible for marking many work sites each day quickly locate your site, know precisely where you are digging. If yoL portion of the yard, outline that area with white spray paint. For exar new mailbox, put a white outline around the area where you want it You will need the following information to create your location reque! • Field contact information including contact name, telephone nu questions and stakeout results • County and municipality of planned excavation according to leg boundaries (Note: this is not always the city of that location's p • Street address of excavation location • Name of nearest intersecting street on either side of excavatior • Date and time excavation is scheduled to begin • Expected duration of excavation • Description of where on property excavation will take place • Type of work to be performed (e.g. fence install, landscaping, i • Type of equipment you will use to perform work • Any special instructions Once you have provided all information, you will get a locate ticket n reference number. On the locate ticket is a list of member utilities th • Review all information to make sure it's accurate and keep it fo • Refer to it to determine if you received a response from all noti starting your work. You can use your locate ticket number to cl our Positive Response System (PRS). http://www.sunshine8l I.com/index.php?option=com—content&view--articI... 11/30/2015 Homeowner Responsibilities Page 4 of 4 Safe Planting B ALWAYS CALL 811 During landscaping projects,buried utihti- initial planting.Before you dig,find out w N�I by following these simple steps Call 811 and Sunshine 811 notifies ut > Wait two full business days for utility > Check the Positive Response System marked or if the utility company neer > Root systems from poorly www sunshine811 com or call(800)8 placed plants and trees > Dig safely Buried lines can be anywN can grow into buried within 24 inches of the utility marks. utility lines,clog sewer pipes and make utility 3Easy tips for planting utility-f boxes hard to access. follow these recommendations to preven > Future utility repairs can buried utilities: > Keep transformers and other green u ... cause root damage. repairs.FPL recommends no plants 8 > Future tree and plant sides.Other companies recommend r removal could pull up the on remaining sides. buried lines.Uprooted > Select planting sites away from under trees will take those lines and pipes. # with them too. > Leave room for roots to grow down a two to three times farther from the tr `yam wmnbekm %mil beim ym dig u Sunshine State One Call of Florida. Inc DBA Sunshine 811 111 Plantation Road, DeBary, FL 32713 1 (800) Site maintained by Sunshine State One Call Disclaimer http://www.sunshine8l l.com/index.php?option--com—content&view--articI... 11/30/2015 Page 1 of 1 PEGGY From: "Peg"<p7eg@earthlink.net> Date: Monday,November 30,2015 4:51 PM To: "Peg"<p7eg@earthlink.net> Subject: Fwd:Florida Statute Peggy Gossett-Seidman 561-271-5050 Sent from my i-Phone Begin forwarded message: From: Peg <,,'_ Date: September 18, 2015 at 12:17:34 PM EDT To: Mayde Lebensfeld<; > Subject: Fwd: Florida Statute Sent from my iPhone Begin forwarded message: From: Peg < Date: September 10, 2015 at 4:23:32 PM EDT To• • ,i Subject: Florida Statute Hello again, the Florida Statute 556 is the one specifically requiring a survey before excavating or digging. Thank you again, Peggy Gossett-Seidman Sent from my iPhone 11/30/2015 Page 1 of 1 PEGGY From: "Karen Goldstein"<karengoldstein I @aol.com> Date: Thursday, September 10,2015 11:56 PM To: "Peg"<p7eg@earthlink.net> Subject: Re: Homeowner Responsibilities So sorry about your parents . This is disgusting behavior . I'm pretty sure the propane companies are supposed to remove the tank and take it away before emptying . Sounds like the demo guy is just removing it himself. I'm up north helping with 2 new grandsons . I dread what I will see when I return soon . Hope your parents condition improve. K Sent from my Whone > On Sep 10, 2015, at 11:46 PM, Peg <p eq@earthl nk.net> wrote: > for 11/30/2015 Page 1 of 4 PEGGY From: "Peg"<p7eg@earthlink.net> /\ " r�C,t'` Date: Monday,November 30,2015 4:53 PM To: "Peg P g@"< 7e earthlink.net> V v 1 } Subject: Fwd: Construction at 4308 Intracoastal Drive �v (1U Vy\ Peggy Gossett-Seidman 561-271-5050 Sent from my i-Phone Begin forwarded message: From: Peg Date: September 3, 2015 at 8:01:12 PM EDT To: "G. Desorcy Michael" <, Carol Holland <�,hO 1�iit�4 t i{i 3i<,PC; . w ,.( ._A',>, Craig Hartmann <: 'i,,i'�"I,! 1. >, 1!E1 ,1, � i?i li tt Ron Brown g - -- 11 - _ <�•, 3 1(:�j4 e`�� � I (/ itq}i Sitl;>, ��"11. 1 i-' it .- -.f. lR l._ _.5.1--1i' t� ., .. �� Subject: Construction at 4308 Intracoastal Drive Hello City Officials, regarding the demolition and ensuing construction at 4308 Intracoastal Drive, next door to our home to the north: 1. The on-site toilet facilities are not obscured as required by Highland Beach Code and the toilet is set right near the property line. I am sure there is a more appropriate spot for it. 2. The demo equipment was off-loaded into the street yesterday and partially on our yard, gouging the street, damaging our grass and dumping dirt and gravel in our yard. This was witnessed by neighbor Carl Benda. 3. The trucks are turning around in our driveway, dropping oil and grease on it, and leaving thick truck tire marks on our driveway and in the roadway in front of our property. 4. My husband put up a small barrier fence in the yard to help deter this and the northernmost part was knocked over and more tire marks were carved in the lawn today. Our household helper witnessed this. 4. Tree debris was thrown into the bushes on our side. 5. We were advised that a construction fence would be installed and as such has not been installed. Insulation and debris has been blowing into the roadway. 6. Heavy demo mechanical equipment has been stored on site overnight which 11/30/2015 Page 2 of 4 is not to code. 7. There is no dumpster and debris is strew over the site with no surrounding fence which is not to code. We appreciate that construction will be ongoing and understand there will be but, as such, in only two days we have intrusion into our property, vehicles on our property, damage to the road and crew not adhering to code. We would appreciate rectifying and adhering to code, which is adopted for everyone's benefit, this before the project continues. Thank you very much in advance for any assistance you may provide on this. We met the new builder and he seems like a nice guy. I do not have his email to copy him on this. Barry and Peggy Gossett Seidman 4312 Intracoastal Drive Highland Beach F133487 More photos to follow Sent from my iPhone 11/30/2015 .y, Ty ill M =k Ilk lk 14 _o16 ► ,r,., 1 y d f - tom • i ` or- 40 1. 1 a So % ' , � 0 4jr'PF w j Page 2 of 2 a }fl J" Ps1 r1i �' t � ,•, raj .► T' 9 Sent from my iPhone 11/30/2015 Page Ire Awl 11/30/2015 ` a \ ! .r �k Page i of i - Sent from my iPhone 11/30/2015 x, t _ �� /fit• � �+ ,meq ,a'+' y :� -j .; �. �"-. •+ -r 1 ;' 4•� I a w 1 .. . no r . . + p I � Sdf IW 6. R, .r r r Ss� t c A OL ya 1� � E a '41k 1l.� t��� r '�' � ��. l r �f/�;e_ is a+' � ,�•�.'. a Ami -i s � i 1: nF • a i r AL