2016.01.26_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, January 26, 2016 1:30 PM
Mayor Bernard Featherman called the Workshop 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 Torciyia; Town Attorney Brian Shutt; Town Manager Beverly Brown;
Town Clerk Valerie Oakes; Police Chief Craig Hartman; Finance Director Cale Curtis; Public Works
Director Edward J. Soper; Library Director Lois Albertson; Building Official Michael Desorcy 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.
Item 6A — Discussion regarding George Kelvin's proposal for salute Veteran's Day requested by
Commissioner Feldman.
Hearing no further additions, the agenda was accepted as amended.
2. PUBLIC COMMENTS AND REQUESTS:
Jim Jioyanazzo, 3700 S. Ocean Blvd. — I would like to report that the Beaches & Shores Advisory
Board had a eery successful turnout for the Town Wide Beach Cleanup Day this past Monday. There
were between 25 and 30 volunteers.
Tim Burnich, 4505 S. Ocean Blvd. — I noticed there have been early political signs in Highland Beach,
and was told that there is no real statute with the Town as to how soon a political sign could go up in
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our Town. I am requesting that the Commission look into this. Town Attorney Torcivia - You could
amend your sign code but you would have to be consistent and apply to all temporary signs.
Ted Alman, 3912 S. Ocean Blvd. - It is my opinion that there is a lack of enforcement by the Police
Department regarding the pedestrian crossings and the bicyclists extending well into the driving lanes,
and not stopping for pedestrians in the crosswalks. This has become a very serious safety issue.
Mayor Featherman - Our Police Department is well aware of this, and they have given tickets to
bicyclists. I will have them look into this again.
3. PRESENTATIONS:
Utility Revenue Sufficiency and Rate Study
By: Public Resources Management Group (PRMG)
Robert On of PRMG gave a power point presentation on a Utility Revenue Sufficient Rate Study
for the Town of Highland Beach (attached as Exhibit "A"). The purpose of this study was to look
at the financial position of the utilities to see if any rate adjustments were needed. The last formal
analysis was in 2009.
Commission Discussion:
Commissioner Zelniker-When was the last rate increase? Finance Director Curtis -The last study
was done in 2009, and the rates were adjusted in February 2010. They have not changed since then.
The Utility Fund current budget year is sitting at a breakeven point, but is not putting any money
aside for future cap or replacements. This proposal will adjust rates and allow us to put money
aside for our future replacements. Comm. Zelniker-Basically, by raising this, it is about S53,000 a
year. We are asking for a Repair and Maintenance Fund in a line item reserve. My question to
Public Works Director Ed Soper is if this is what we need, or just do it for a couple of years?
Public Works Director Soper - It was my recommendation that the Town do a rate adjustment
annually. It is also a good idea to do a Repair & Replacement Fund (R & R). If the Commission
sees that the fund is getting somewhat flush, they could decide not to have a rate increase that
particular year. Comm. Zelniker-Would we have to notify the government if we make the change
each year? Robert On - This is a onetime notification. It could be suspended if the Commission
felt it was in excess.
Commissioner Stern - Taking this to a single home usage, with this increase, it will go up 52.05 a
month. We are talking approximately S12 to S15 a rear, which makes a good deal of sense to me.
Commissioner Feldman - I am in favor of adjusting the rates per unit owner. I am not in favor of
putting it on the tax rate. There is 3.5 million dollars in reserve from the sale of the Boca Raton
property, and is in the water fund. If we needed some monies, we could take it from the reserve.
The individual owner should pay a rate based on their usage. Fin. Dir. Curtis - We are
implementing a program of that nature. The initial deposit of 1 (one) million dollars for the
proposed R &R Fund will come from the 3.5 million dollars.
Vice Moor Weitz-We have not had a rate increase in quite a while, and I am in favor of this plan.
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4. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• No report
C) Board Vacancies:
• None
D) Monthly Board Meetings:
• Town Commission Regular Meeting —February 2nd— 1:30 PM
• Town Commission Workshop Meeting—February 41— 9:30 AM
• Board of Adjustment&Appeals —February 16`h —9:30 AM
• Town Commission Workshop—February 23rd— 1:30 PM
• Planning Board—February_ 24th—9:30 AM
• Town Hall Closed:
o February 15`h—Presidents' Day
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 16-0010— 1St READING on February 2, 2016
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER 12,
"CONSTRUCTION SITES", SECTION 12-4, "CONSTRUCTION FENCES" TO
MODIFY THE REQUIREMENTS REGARDING FENCING OF CONSTRUCTION
SITES; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE.DATE.
Town Clerk Oakes read Ordinance No. 16-0010 into the record.
Town Manager Brown - This proposed ordinance amends the code by deleting the current code
section 12-4 "Construction fences" and replacing it with a new section 12-4 "Temporary
construction fences". The new section provides that temporary construction fences shall be
required on all construction sites and shall require a permit. As part of the permit process the
type of fence, location and placement of gates must be shown on a site plan. The ordinance
requires the site to be fully enclosed by the fence, that the fence be six feet in height, it must be
constructed of chain link with screening material, it must comply with all OSHA and visibility
requirements, it must be maintained and secured when the workers or not present and "No
Trespassing" signage must be placed on the fence. During the demolition phase of construction
a fence may not be required, if determined by the building official. A temporary fence may not
be installed more than 10 days prior to construction starting and if a permit expires the fence
must be removed and the lot maintained in accordance with the Town's landscaping code.
Further, upon the issuance of a hurricane warning, all screening materials must be removed.
i
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Commission Discussion:
Comm. Zelniker—The words "the fence shall be placed on all four sides of the construction site"
should be included. Also, a six foot fence should be required at all demolition sites. What is the
code for dumpsters or jiffy-johns? Are they supposed to be inside the fence? Building Official
Desorcv — There is nothing specific in the code for jiffy-johns that they have to be behind the
fence. However, they must be screened from the public. There also is nothing specific about the
location of the dumpsters. The contractor must have a permit from the Florida Department of
Transportation to utilize the right-of-way for the dumpsters as well as loading and unloading
materials. Comm. Zelniker—These should be placed behind the fence.
Comm. Feldman — We need to add the proper wording for the fencing. Comm. Feldman
questioned the fact that it was at the discretion of the Building Official as to whether or not a
temporary construction fence is needed on all construction sites undergoing land disturbing
construction or land development activities. Town Attorney Shutt — The only ability B.O.
Desorcv has to say a fence is not needed would be during the demolition phase. Once they start
construction, they would have to put up the fence. B.O. Desorcv explained the reasons for not
having a fence placed around the demolition site in certain cases. It would be logistically and
physically impossible to put up a fence and still maintain their construction activity. The
demolition process could take days, and it would be a hardship to take the fence down and
replace it each day. It would slow down the process. Comm. Feldman — A fence should still be
placed on the site in the evening, which would contain the property.
Vice Mayor Weitz — Demolition is one of the most serious threat to safety and security;
especially on AlA with people walking and bicyclists. A fence is definitely needed and should
not be at the discretion of the Building Official.
Vice Mayor Weitz excused himself from the meeting.
Comm. Stern— I am in agreement with my fellow Commissioners. Regarding the fencing on all
four sides of the site, is it necessary to place a fence on the side where it meets the ocean, a canal
or the Intracoastal? B.O. Desorcv — The ordinance will be written that the fence is to be placed
on all four sides, fully enclosed. Comm. Stern — In Section 7, what is a moveable fence? B.O.
Desorcv — It is a fence that just sits on the ground. There are no posts cemented in the ground.
Comm. Stern — Could this be used as temporary for the demolishing stage so they could be
moved and put aside during the day, and placed back at the end of the day? B.O. Desorcv—This
would be very practical, and I believe the contractors would accept that.
Mayor Featherman — I agree that we should have fencing on all four sides of the construction
site.
Town Attorney Torcivia — We will clarify the language on no temporary construction fence be
erected until a site plan has been approved. Also, on the idea of enclosing the site on all four
sides, I would suggest you say completely enclosed, instead of four sides, in case it is an
irregular piece of property that may be three sided or five sided.
Consensus was to place this on the February 2"d agenda for the 1"reading.
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B) ORDINANCE NO. 16-002 O— l.sT READING on February 2, 2016
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
THE TOWN CODE OR ORDINANCES BY AMENDING CHAPTER 30, "ZONING
CODE", ARTICLE IH, "DEVELOPMENT REVIEW", SECTION 30-46, "PUBLIC.
NOTICE", SUBSECTION (D), "POSTING OF PROPERTY", TO ESTABLISH
REQUIREMENTS REGARDING THE POSTING OF PROPERTY SUBJECT TO A
DEVELOPMENT ACTION FOR NOTICE PURPOSES; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Oakes read Ordinance No. 16-002 O into the record.
Town Manager Brown — This proposed ordinance provides that the Town shall post a placard on
the property regarding re-zonings, special exceptions, variances, zoning text changes,
comprehensive plan amendments, site plans and major modifications to site plans. The placard
shall be placed on the property and shall be up at least seven days prior to the public hearing. The
language on the placard shall identify the action to be considered and the date and time of the
hearing.
Town Manager Brown presented samples of the placard to the Commissioners.
Commission Discussion:
Discussion ensued regarding the sign. The size of the sign is 12" x 18" and will be facing the
street. The Town will post it, and the applicant is responsible for the cost. There was further
discussion regarding residents being notified by certified mail that were within 300 feet of the
property in question.
Consensus was to place this item on the February 2" agenda for the V reading.
C) ORDINANCE NO. 16-003 O— 1sT READING on February 2, 2016
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AL\IF,NDING
ARTICLE IV, "ZONING DISTRICTS," OF CHAPTER 30, "ZONING CODE," OF THE
TOWN CODE OF ORDINANCES BY AMENDING SECTION 30-68, "SUPPLEMENTAL
DISTRICT REGULATIONS," SUBSECTION (U), "FINISH FLOOR ELEVATION,
BUILDING HEIGHT, AND EXCEPTIONS TO BUILDING HEIGHT", SUB-SECTION
(4), "EXCEPTIONS TO BUILDING HEIGHT TO CLARIFY BUILDING HEIGHT
EXCEPTIONS; PROVIDING FOR CODIFICATION, FOR CONFLICTS, FOR
SEVERABILITY, AND FOR AN EFFECTIVE DATE.
Town Clerk Oakes read Ordinance No. 16-003 O into the record.
Town Manager Brown — This proposed ordinance clarifies exceptions to the building height to
provide that the exceptions under this subsection only apply where there are no more than four
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dwelling units per building, to enlarge the elevator housing unit structure allowed by and extra
four feet per side and to place a maximum on the canopy or weather protection area, for the
elevator door, allowed to not exceed 120 square feet. The ordinance also clarifies that the number
of exemptions allowed per this subsection apply per dwelling unit and not per building structure
and that the dwelling unit is contiguous to the roof area.
Commission Discussion:
Comm. Stern — This will cover what is needed for anv future building, where they need to have
some restrictions put on them as to what a third exception might be, without having to go for the
exception.
Comm. Zelniker— I am not in agreement with this particular ordinance. Buildings should be built
within the codes, and there should be no more exceptions.
Comm. Feldman — Lightning protection or a pole with a red light on top for airplanes is not
addressed in this ordinance. They could go up as far as eight feet. How does that affect this?
Town Attorney Shutt — These may be required by other laws such as the Federal Aviation
Association. Even if they are, they would most likely have to seek a variance if they are going
higher than what is stated in the code.
Consensus was to place this item on the February 2" agenda for the I"reading.
D) ORDINANCE NO. 16-004 O— 1St READING on February 2, 2016
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
ARTICLE IV, "ZONING DISTRICTS," OF CHAPTER 30, "ZONING CODE," OF THE
TOWN CODE OF ORDINANCES BY ENACTING SECTION 30-70, "PORTABLE
STORAGE UNITS", TO PROVIDE FOR REGULATIONS GOVERNING PORTABLE
STORAGE, UNITS; PROVIDING FOR CODIFICATION, FOR CONFLICTS, FOR
SEVERABILITY, AND FOR AN EFFECTIVE DATE.
Town Clerk Oakes read Ordinance No. 16-004 O into the record.
Town Manager Brown — This proposed ordinance provides a definition of a portable storage unit
and further provides that only one unit may be on a site at a time, not exceeding ten consecutive
days and no unit may be on the same site for a cumulative period in excess of 30 days annually.
The ordinance sets forth regulations of the placement of the unit as well as the maximum size of
the unit. A site permit is required prior to the placement of a unit and if this ordinance is not
complied, in addition to being cited through the code enforcement process, the owner may be
cited under the nuisance abatement process.
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Commission Discussion:
Comm. Feldman — Are condominiums treated any different according to their sire? If they are a
large complex such as Boca Highlands, are they allowed more than one on their property? Town
Attorney Shutt — Under this ordinance, there shall not be more than one portable storage unit
located on any site at any given time.
Comm. Stern—This is a new code and it covers something that we never addressed before.
Consensus was top lace this item on the February 2nd agenda for Ist reading.
E) ORDINANCE NO. 16-005 O— 1sT READING on February 2, 2016
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER 6, `BUILDINGS
AND STRUCTURES", ARTICLE V, "SEAWALLS; BULKHEADS; RETAINING
WALLS", SECTION 6-132, "ABATEMENT OF NUISANCES, INJURIOUS OR
DANGEROUS CONDITIONS", TO CLARIFY WHO MAY PROVIDE TESTIMONY TO
THE CODE ENFORCEMENT BOARD; AMENDING CHAPTER 17, "NUISANCES", TO
CLARIFY THE DEFINITION OF A NUISANCE AND TO PROVIDE FOR AN
ABATEMENT PROCEDURE; PROVIDING FOR CODIFICATION, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Town Clerk Oakes read Ordinance No. 16-005 O into the record.
Town Manager Brown — This proposed ordinance modifies the definition of "nuisance" to
provide that there must be a"substantial deterioration in the value of property based on the lack of
maintenance or garbage/junk or abandoned or stored items on a property. The ordinance
modifies the standard as to what is unlawful. The new standard is that the nuisance must injure
the public health, safety and welfare rather than just annoying a part of the community. The
ordinance also provides for a process to be followed when an owner or tenant is cited for a
nuisance violation and sets forth appeal procedures, the assessment of the costs and the
enforcement of the assessment.
Commission Discussion:
Comm. Stern — Under Sec, 17-8 (a) the words "village clerk" should be corrected to read "town
clerk".
Comm. Feldman—This clarifies a great deal of situations that have been occurring in Bel Lido.
Consensus was to place this item on February 2nd agenda for 1St reading.
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F) ORDINANCE NO. 16-006 O — 1sT READING on February 2, 2016
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER 12,
"CONSTRUCTION SITES", SECTION 12-1, "CONSTRUCTION SITE PARKING;
STORAGE OF MATERIALS" AND AMENDING CHAPTER 30, "ZONING CODE.",
ARTICLE IV, "ZONING DISTRICTS", SECTION 30-68, "SUPPLEMENTAL DISTRICT
REGULATIONS", SUBSECTION M, "TEMPORARY STRUCTURES", TO CLARIFY
THE APPROVAL PROCESS FOR TEMPORARY CONSTRUCTION TRAILERS AND
CONSTRUCTION STORAGE CONTAINERS; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERA.BILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Oakes read Ordinance No. 16-006 O into the record.
Town Manager Brown —This proposed ordinance provides that all temporary construction trailers
and storage containers must be approved by the building official and they must comply with the
code section that governs regular temporary structures. Which provides that the temporary
structure must be approved by the building official and a permit must be issued prior to the
placement of the temporary structure.
Commission Discussion:
Comm. Feldman — (Referred to Section 3(m)(3) - dune walkovers and gazebos) The dune
walkover was moved from one side to the opposite side on the property located across from Town
Hall. Did they have to have a permit to do so? B.O. Desorcv—The dune walkover is in the same
place. They just reconfigured it. The new owners of that property and the Benjamin's, owners of
the adjoining property, are working with the Town and the Police Department on the design of
that walkover so the Town can access the beach with their service vehicles.
Consensus was to place this item on the February 2nd agenda for Pt reading.
6. NEW BUSINESS:
A) Discussion regarding George Kelvin's proposal for salute Veteran's Day.
Comm. Feldman — At one of the Commission meetings, it was mentioned that Highland Beach
should have a way of honoring our salute to veterans. George Kelvin prepared a design which
could be used for a flag, a postcard or some form that would honor our veterans.
Mayor Featherman — It is a wonderful idea, and he is doing this on a pro-bono basis without
charging to make the design. I spoke with Town Manager Brown and we did have some
questions. We would need the cost to make these flags, and if we would need to put up flagpoles
to accommodate these flags. Comm. Feldman — It would be for the individual homeowners and
condominium owners to buy. We would first have to approve the design, or do we want to make
any changes to it.
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Comm. Stern—It is an excellent design, and I would like to thank George Kelvin.
Comm. Zelniker— I also want to thank George Kelvin for this excellent design. We could have a
plaque made to hang in the Chambers that would say "Highland Beach Salutes Our Veterans". It
would be a tribute to our veterans.
Mayor Featherman—We should support all our veterans.
Town Manager Brown—We could put this on the agenda for our next meeting. Do we want to do
this as a banner or an actual flag, and find out what the cost would be to make it? Mayor
Featherman — We could discuss this at our next meeting and have Mr. Kelvin present to answer
any questions. Town Manager Brown— Since he designed it, can we reproduce it? Does he have
to give us an agreement authorizing us to use his design?
7. MISCELLANEOUS—ITEMS LEFT OVER:
A) Minutes:
• December 18, 2015 —Special Meeting
• January 5, 2016—Regular Meeting
• January 8, 2016—Workshop Meeting
Consensus was top lace this item on the Consent Agenda for February 2°d
8. REPORTS —TOWN COMMISSION:
A) Commissioner Rhoda Zelniker — The Beaches & Shores Advisory Board's "Our Beautiful
Beach Pledge" should be put on our website. We have a young man who lives in my building
that just enlisted in the service. We had a discussion regarding the ADA doors installed in the
Town Hall front entrance. The architect neglected to put these doors in when the Town Hall was
renovated. The Town has paid for these doors, and the builder should reimburse us since he
should have known the codes. Town Manager Brown — I am not sure if this door was part of the
Town requirements. B.O. Desorcv — It is not an ADA requirement that all doors that access the
public have an electric opener on them. It was not part of the contract.
Comm. Zelniker—Were all the questions answered that were asked at the Coffee with the Mayor?
Mavor Featherman stated that he will address this during his report. Comm. Zelniker—There was
a question about the Library not receiving enough books due to budget cuts.
Comm. Zelniker — Driving down AIA is like driving on an obstacle course with construction
trucks, bicycles, garbage trucks, landscape trucks, etc. There needs to be more code enforcement
on the construction sites so the shoulders are clean and bicycles are able to ride safely on the
shoulders. We need the lines at the crosswalks repainted. PWD Soper— The State is responsible
for the crosswalks. Whenever a sign is down in the crosswalk, I send a letter to them and they are
replaced rather quickly. I will put in a request for the lines to be repainted at the crosswalks.
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B) Commissioner Feldman — As Commissioners, we are here to serve the people. As you can see
by the number of ordinances presented at this meeting, we listen and act on the issues brought to
us by the residents. We also look into the emails that are sent to us. Vice Mayor Weitz had
suggested we update our electronics. There is a new App out that is called "When I work", which
tracks everyone's scheduling in one place enabling employees to see who is available when easily
addressing scheduling conflicts, approval of time off, etc. This would make it very easy for the
Town Manager to follow everyone.
C) Commissioner Stern —At the last Boca Condo Association meeting, which I attended along with
Vice Mayor Weitz, several people complained that they were having a hard time in Boca Raton
getting permits from their Building Department. I was also told that Delray Beach is even worse
for getting permits than Boca Raton. In speaking with several of the contractors here in Highland
Beach, they said that working with the Building Department in our Town is a pleasure.
Congratulations to Building Official Mike Desorcy and the Building Department.
D) Vice Mayor Weitz—No report as he left the meeting early.
E) Mayor Bernard Featherman — We had a great turnout at Coffee with the Mayor. There was a
questionnaire presented at that time, and we had a great response. I would like to have this
questionnaire sent to the President of each condominium to present at their condominium meeting
to get an idea of what we need to do, or not do, here in our Town.
Consensus was to send this questionnaire to each Condominium President by email.
Town Clerk Oakes — Many questions from the meeting were answered with the exception of the
one brought up by Comm. Zelniker regarding the Library. Some surveys have come into the
office after the fact, and we are truing to consolidate them so we can prepare one response. We
have an end date of March 30th, and once we received all the questions, we can respond to them.
9. REPORTS—TOWN ATTORNEY GLEN TORCIVIA:
Many thanks to Town Attorney Brian Shutt for all the work and time he put into preparing these
ordinances. He worked very closely with Town Manager Brown and Building Official Desorcy.
10. REPORTS —TOWN MANAGER BEVERLY BROWN:
Last week a gentleman came into my office complaining that he and his bicycle friends were stopped
by the police, and that they had every right to be on the road. He insisted they were going single file.
We met with Chief Hartmann and Lieutenant Lundberg that morning, and called upon the patrolman
that stopped these bicyclists. His body camera showed they were riding five across.
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11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT
MEETING ONLY:
Tim Burnich, 4505 S. Ocean Blvd. — As Chairman of the Code Enforcement Board, I am pleased to
see the ordinances presented today; especially the one on fences.
Peggy Gossett Seidman, 4312 Intracoastal Dr. —Thank you for your concern and support in addressing
the issues presented to you regarding fencing the demolition and construction sites. Fencing the
seawall side of these sites is definitely an advantage, since it is public access. I would like to also
thank you for your help with the utility company in addressing the issue with power outages and loose
wires.
12. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman called for a
motion to adjourn the Regular Meeting at 3:30 PM.
MOTION: Commissioner Stern moved to adjourn the regular meeting at 3:30 PM. Motion was
seconded by Commissioner Feldman, which passed unanimously.
APPROVED:
Bernard Featherman, Mayor Car eldman, Commissioner
Inc,CCS
William Weitz, Vice Mayor od Zelniker, Co ssioner
C mmissioner
ATTEST:
Valerie Oakes, CMC, Town Clerk Date