2016.02.23_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, February 23, 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 Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Police
Chief Craig Hartmann; Finance Director Cale Curtis; 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, hearing none, the agenda was
accepted as presented.
2. PUBLIC COMMENTS AND REOUESTS:
Tim Burnich, 4505 S. Ocean Blvd. read his letter dated February 23, 2016 to the Commission
regarding National Holidays/Town working policies/construction projects into the record (attached as
Exhibit "A"). Town Hall was closed and he observed construction on this day, and emailed the Town
Manager. Town Manager Brown—The Building Official Desorcy is not a Town employee; therefore,
was working that day in the Building Department office. I authorized construction to continue on
February 15, 2016 for all permitted construction sites within the Town of Highland Beach. (Copies of
emails from Town Manager Brown and Building Official Desorcy were attached to Mr. Burnich's
letter). Mr. Burnich — I take exception to construction being permitted by anyone on a holiday. I
request that the Town of Highland Beach investigate this matter to see that the building codes are
enforced equally, and all building managers are properly informed.
Tim Burnich read his second letter to the Commission regarding 4521 South Ocean Blvd. and the
variance requested to construct a wall higher than allowed by code (attached as Exhibit `B"). Since
this wall was already built, why did it not go to the Code Enforcement Board for adjudication rather
than the Board of Adjustment and Appeals? I request that the Town Commission investigate why
Town Commission Regular Meeting Minutes
Tuesday,February 23, 2016 Page 2 of 12
proper procedure was not followed by the Building Department, and this matter was not referred to the
Code Enforcement Board.
Vice Mayor Weitz — There was a discussion at a Commission meeting regarding holidays that
construction was permitted. I will ask the Town Manager to research this and get back to the
Commission with the outcome of that discussion.
Commissioner Feldman—I am the President of the Villa Costa Homeowner's Association. There was
a problem on that day because we had turned contractors away. After receiving Tim Burnich's letter,
we allowed them to work in the building. There should be a list made in order to avoid any future
confusion.
Town Attorney Torcivia — I will research Tim Burnich's second letter regarding 4521 South Ocean
Blvd., and whether or not it should have gone to the Code Enforcement Board rather than the Board of
Adjustment and Appeals for a variance.
Carl Gehman, 1123 Highland Beach Drive — There is a problem on the weekends with the bicyclists.
The Police Department is doing a fine job for our residents, but there should be more police coverage
during this time.
Ed Neidich, 4740 S. Ocean Blvd. — I would like to express my disappointment with Delray Beach and
how they handled the fire contract with the Town. At this time, I urge this Commission to explore all
other options. It would be beneficial to our residents if we could form our own Highland Beach Fire
Department.
Barry Donaldson, 3700 S. Ocean Blvd. — I would like to voice my support for Bryan Perilman who is
up for reappointment on the Board of Adjustment and Appeals today. He has been an excellent
member of that Board.
3. PRESENTATIONS:
None.
Town Commission Regular Meeting Minutes
Tuesday, February 23,2016 Page 3 of 12
4. BOARDS AND COMMITTEES:
Town Clerk Oakes read the following into the record:
A) Board Correspondence:
• None
B) Board Action Report:
• No report
C) Board Vacancies:
• Board of Adjustment&Appeals (3-year term available in April)
• Talent Bank Interview—Board of Adjustment& Appeals (3 year term)
Re-appointment: Bryan Perilman, 3740 S. Ocean Blvd. —He has been on the Board for three
years, enjoys his service to the community, and would like to be reappointed for another
three year term.
Consensus was to place this item on the Consent Agenda on March 1St
D) Monthly Board Meetings:
• Town Commission Regular Meeting—March 1St— 1:30 PM
• Presidential Preference Primary Election—March 15`h
• Board of Adjustment& Appeals—To be determined
• Town Commission Workshop—March 29th— 1:30 PM
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 16-0010—211 READING on March 1,2016
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.
Consensus was to place this ordinance on the March 1St agenda for second reading.
Town Commission Regular Meeting Minutes
Tuesday, February 23, 2016 Page 4 of 12
B) ORDINANCE NO. 16-002 O—2°d READING on March 1, 2016
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
THE TOWN CODE OR ORDINANCES BY AMENDING CHAPTER 30, "ZONING
CODE", ARTICLE III, "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.
Consensus was to place this ordinance on the March 1St agenda for a second reading.
C) ORDINANCE NO. 16-003 O—2°1 READING on March 1, 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 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.
Commission Discussion:
Comm. Zelniker — I do not believe there should be any variances. A builder knows our codes,
and they should build within our codes.
Comm. Feldman—I agree with Commissioner Zelniker.
Comm. Stern — This ordinance provides the solution that is necessary should there be a need for
an exception, but hopefully there is not a need.
It was announced that this ordinance would be placed on the March 1St agenda for second reading
and further discussion.
Town Commission Regular Meeting Minutes
Tuesday, February 23,2016 Page 5 of 12
D) ORDINANCE NO. 16-004 O—2nd READING on March 1, 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— The Building Official requested this ordinance be included in the Town
Code of Ordinances, so it would be clear to all condominiums and homeowners when and where
and how long you can have the pod units on your property.
Consensus was to place this ordinance on the March 1St agenda for second reading.
E) ORDINANCE NO. 16-005 O—2°d READING on March 1, 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 — The 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, garbage or abandonment or stored items on the property, rather than just the color of
a house or the color of a roof.
Consensus was to place this ordinance on the March 1 st agenda for second reading.
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F) ORDINANCE NO. 16-006 O—2nd READING on March 1, 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 SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Oakes read Ordinance No. 16-006 O into the record.
Consensus was to place this ordinance on the March Pt agenda for second reading.
6. NEW BUSINESS:
A) Notice of Intent to Renew Inter-Local Agreement for Fire and Emergency Services
Agreement(dated 7/2/2002)with Delray Beach
Town Manager Brown—Under our present Inter-Local Agreement with Delray Beach, we have to
give them 18 months' notice on whether or not we intend to renew our agreement. At the last
Delray Beach Commission meeting, the City Manager gave a report. At the March 1, 2016
meeting, the City Commission will be deciding whether they want to negotiate any further
negotiations with Highland Beach. It is my recommendation to table this until after the March
meeting. The Town Attorney and I can investigate further options for fire services for the Town.
Discussion ensued regarding the fire contract and whether or not any further negotiations are
possible. Consensus was to not go with Delray Beach and pursue other options; preferably, if
feasible, to have our own fire department.
Town Manager Brown — In two weeks we will be receiving a report from the Barrier Island Fire
District Study. The company will be coming here to make a presentation. Do you want to wait
for the two weeks to advertise for a Fire Chief or advertise now for a Fire Chief Consultant to
come in? Comm. Feldman — Consult with Police Chief Hartmann and use his expertise in this
field.
Town Attorney Torcivia — This is a major project with many things to consider such as
contracting with others, starting our own fire department, or being part of the barrier island. If
you have your own fire department, the ladder truck alone is a great deal of money, and would
take one year to get here. There would be hiring personnel and a billing process that is quite
complicated.
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Town Manager Brown— There are other thoughts we have to consider. At this time we have 47
employees. Once we go over 50 employees it will change our insurance, taxes and additional
costs that come with increased employees.
Consensus was to table this item until after the Barrier Island Fire District Study is completed.
B) Commission to Review Revised Inter-Local Agreement with Delray Beach for Fire and
Emergency Medical Services.
Town Manager Brown — We signed a contract in December of 2015, which was rejected by
Delray Beach. This is the revised contract increasing our cost by twenty percent (20%).
By consensus, the Town Commission revoked this agreement.
C) Designation of Voting Delegate & Alternates(s) to the Palm Beach County League of Cities,
Inc.
Town Manager—At the annual meeting, you will need one person to represent the Town.
By consensus, the Town Commission appointed Mayor Featherman as the voting delegate and
Commissioner Stern the alternate voting delegate for the Palm Beach County League of Cities.
D) Acceptance of Proposals for General Engineering/Architectural Service.
Town Manager Brown — The Town received nine proposals for Engineering/Architectural
Services. A Selection Committee made up of the following members: Finance Director Cale
Curtis, Public Works Director Ed Soper, Planning Board Member Charles Shane and City of
Boca Raton Project Engineer Lauren Burack, met to discuss and rank the proposals. The
Selection Committee concluded with a recommendation to accept proposals and award contracts
to the four highest ranking firms: Global Tech, Mathews Consulting, Calvin Giordano and
Associates, and Keith and Schnars. Agreements would not be for a set dollar amount, rather the
agreements would include hourly rate and other fee structures as determined to be appropriate.
Staff would ask that you authorize them to formalize agreements with these four firms.
Consensus was to place this item on the March 1'Consent Agenda.
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E) Reports from Board Chairpersons:
• Beaches & Shores Advisory Board—Jim Jiovanazzo, Vice Chair
Vice Chair Jim Jiovanazzo, 3700 S. Ocean Blvd. —The Turtle Talk and Walk Day in July of
2015 was well attended. The beach cleanup day in January of this year was very successful
with approximately 30 volunteers. Our `Beautiful Beach Pledge" has been distributed to all
the condominiums for posting as well as placed on our website.
• Board of Adjustment& Appeals—Barry Donaldson, Chair
Chair Barry Donaldson, 3700 S. Ocean Blvd. —The Board of Adjustment& Appeals met five
times during 2015 and in 2016 there has been one meeting to date. The attendance at these
meetings has been excellent. The nature of the variances have been diverse including heights
of walls, dock dimensions, swimming pool locations, building setbacks and even mechanical
units. The Board comprehends the impact it has on our neighbors, and is diligent in making
their decisions.
• Code Enforcement Board—Tim Burnich, Chair
Chair Tim Burnich, 4505 S. Ocean Blvd. — The Code Enforcement Board met three times
during 2015. We have not had any issues to deal with, a good question is why. Currently
there are no vacancies on the Board. We are receiving the Code Enforcement Officer's
quarterly report. I ask that the two letters I submitted earlier in this meeting be added to my
report.
Town Manager Brown — When there is a problem, the Code Enforcement Officer contacts
the property owner. We have been very fortunate that the people have taken care of the
problems. If it is not addressed, then it would go to the Code Enforcement Board. Our
biggest problem lately has been real estate open house signs. Signs can only be black and
white. This weekend, the police picked up 15 colored signs and brought them back to Town
Hall which had to be picked up by the real estate agent. Comm. Stern — How many black
and white signs are allowed to be placed on one property? Town Manager Brown—I believe
it is only one. Comm. Stern — This weekend we visualized two properties with as many as
three signs, two the proper color and one the incorrect color. Only the colored sign was
removed. Comm. Feldman — If it is the weekend and we see improper signs, who do we
call? Chief Hartmann — We have confiscated quite a few of them. Code Enforcement is
following up with the realty companies. You can call me when you see these signs.
Eventually this will stop when they realize they cannot have these signs.
• Financial Advisory Board—Bruce Giacoma, Chair
Town Clerk Oakes informed the Board that Bruce Giacoma did not have a report, so he is not
present.
Town Commission Regular Meeting Minutes
Tuesday,February 23,2016 Paze 9 of 12
• Planning Board—Carol Stern, Chair
Chair Carol Stern, 1115 Russell Drive — We had a quiet year in 2015. Unfortunately one of
our members, Ron Rajsky passed away last year. We have a very competent Board, and our
meetings are well attended by the members. Our last meeting was in December of 2015, and
we are having another meeting tomorrow, February 24th for two boatlift applications. My
term expires in May. If anyone is interested in applying, please do so.
At this time, Mayor Featherman added Town Manager Brown's request to discuss an agenda
memo presented to the Commission.
Town Manager Brown — I presented the Commission with a Highland Beach Project List to be
included with Palm Beach County"Local Government Infrastructure Surtax" initiative. The Palm
Beach County Commission, along with the School Board and Cultural Board, are proposing a
levy of a one penny infrastructure sales tax for 10 years. Originally the towns were entitled to
twenty percent(20%)until the Cultural Board was included. It is about eighteen percent(18%) of
the tax money for ten years. Highland Beach's income should be approximately $200,000 per
year from this surtax. The County asked us to give them a list of proposed ways we would spend
the money if this initiative was passed by the voters in Palm Beach County. I submitted three
items: a new fire truck for $850,000, emergency rescue vehicle for $322,000 and the design and
construction of the walking path improvements for $1,200,000. We are not sure if this money
will come through. We have never gotten a grant before, and I felt we should apply for it. These
items were on our Capital Improvement Projects. The County would like the Town Commission
to give me a consensus that you agree with the three projects. They will be making a presentation
tomorrow at the Palm Beach County League of Cities.
Consensus was to authorize Town Manager Brown's submittal to the "Infrastructure Sales Tax
Capital Program".
7. MISCELLANEOUS—ITEMS LEFT OVER:
A) Discussion on Commission's Recommendations for the following Job Descriptions:
• Building Department
• Finance Department
Consensus was to table this item until the March 29th workshop meeting.
B) Minutes:
• January 26, 2016—Workshop Meeting
• February 2, 2016—Regular Meeting
Consensus was to place this item on the Consent Agenda for March 1St
Town Commission Regular Meeting Minutes
Tuesday,February 23,2016 Paze 10 of 12
8. REPORTS—TOWN COMMISSION:
A) Commissioner Rhoda Zelniker — In reviewing the Town Ordinances, I found that Highland
Beach is designated as a Bird Sanctuary. That code was in 1972. There are less and less trees
and vegetation, and it is important that the trees be replaced when there is construction. We are at
the start of turtle season. There is a Town code that restricts certain lighting along the beach,
which may be used for turtle nesting and hatchlings during the period from March 1St thru
October 31st
There are many new ordinances being adopted, and there will be a great deal of work for our
Code Enforcement Officer. There may be a need to hire a part-time code enforcement person.
Regarding our fire department, if we need a referendum can we do that in November? Town
Attorney Torcivia — You can, but I don't believe you will need a referendum as long as you are
not going to buy any one item that will cost more than $350,000 in that year. The ladder truck,
which may cost $850,000, will need a referendum. If you lease it, then those payments are less
than the $350,000 a year. Comm. Zelniker — I am very much in favor of having our own fire
department, so it is important that we get all the figures as soon as we can.
I would like to complement our new Library Director Lois Albertson for the fine job she is doing.
I have had many residents come to me with only good things to say about her.
B) Commissioner Carl Feldman — Many residents have made some inference to the fact that from
4:30 PM to 8:30 AM, the Police Department cannot be contacted directly. They should be able to
go to the Police Station, press the intercom and talk to an officer. This is something that needs to
be considered for the future.
C) Commissioner Stern — Congratulations to our Town Attorney Glen Torcivia who is now serving
Ocean Ridge. There is a four page spread in the Boca Raton Magazine of the Mayors of Boca
Raton and Delray Beach having a tug of war as to which is the better town.
D) Vice Mayor Weitz — I encourage all our Highland Beach residents to exercise their right to vote
in the upcoming election. I agree with Comm. Feldman's comment regarding our Police
Department. There should be direct communication with the Police Department at all hours, so
anyone does not have to go through the Palm Beach Sheriff's Office even for the littlest issues.
There should be a way that harmoniously, without inconveniencing any police officer, we can
make our accessibility a bit easier.
E) Mayor Bernard Featherman— We have people who are working very hard for you. We need to
make sure that any violations that have occurred in the past do not occur in the future.
Town Commission Regular Meeting Minutes
Tuesday, February 23, 2016 Page 11 of 12
9. REPORTS—TOWN ATTORNEY GLEN TORCIVIA:
• Response to Commissioner Zelniker's Request on Formulating a Policy on Employee-Resident
Running for Office.
Town Attorney Torcivia— There are no restrictions to an employee running for public office. We
were able to do a search of 450 towns, cities and municipalities in the State of Florida, and there are
approximately seven or eight that do have a restriction. If someone qualifies for office, then they
would have to resign to run. If you would like to impose this restriction, it is viable and we can
pursue that. Whenever there is only seven or eight out of 450 that has done something, it could
make you a little nervous, but if you want to do this you can.
10. REPORTS—TOWN MANAGER BEVERLY BROWN:
Town Manager Brown—Can asked Police Chief Hartmann to respond to the Commissioner's
comments regarding the Police Department's availability after 4:30 PM.
Police Chief Hartmann — There is no one in the building after hours but they are patrolling in the
community and are always available. There is a call box outside, and if someone needs to get in touch
with the Police Department all they have to do is pick up the receiver and the call is automatically
dispatched to the Palm Beach County Communications Center. They in turn contact one of the police
officers on duty and there is no delay. This system has been in place for over a decade. I do agree that
there should be someone in the Police Department at all times, and this is something that you should
look into as we move forward. Comm. Feldman — If someone did not want to call 911, could
something be set up that a resident could come to the Police Department and use the call box to speak
directly to an officer who may be in his patrol car? Chief Hartmann — When you call the police, you
want to get someone who is answering the phone 24/7, and can dispatch that call immediately. The
way we are set up now is the best efficient way to do that.
Town Manager Brown — I will be meeting a representative from SafeBuilt, Inc. regarding Code
Enforcement. Also I want to apologize to George Kelvin because we met this month and did not talk
about the flag, but we will.
11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT
MEETING ONLY:
George Kelvin, 4740 S. Ocean Blvd. — Former Mayor Harold Hagelmann was a Chief Fire
Department Official in the City of New York. Perhaps we could contact him for any advice he may be
able to give us on having our own fire department.
Carl Gehman, 1123 Highland Beach Dr. —I think it is a great idea for Highland Beach to have its own
fire department.
Town Commission Regular Meeting Minutes
Tuesday, February 23,2016 Page 12 of 12
12. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman called for a
motion to adjourn the Regular Meeting at 3:20 PM.
MOTION: Commissioner Feldman moved to adjourn the regular meeting at 3:20 PM. Motion was
seconded by Commissioner Zelniker, which passed unanimously.
APPROVED:
Bernard Featherman, Mayor Carl Feldman, Commissioner
William Weitz, Vice Mayor oui . Ste ommissioner
-&C
o Zelniker, C issioner
ATTEST:
Valerie Oakes, CMC, Town Clerk Date
-r7't�l/Of T
. m
T. B. BURN/CH
4505 South Ocean Boulevard
Apartment 404
Highland Beach, Florida 33487
Home: 561.279.8403/Cell: 561.213.2066
E-mail., timburnichCa7att.net
February 23, 2016
Town of Highland Beach Commission
3614 South Ocean Boulevard
Highland Beach, Florida 33487
Subject: National Holidays/Town Working Policies/Construction Projects
Dear Town of Highland Beach Commissioners:
February 15, 2016 was designated by Congress to be a National Holiday honoring our
Presidents. The Town Hall in Highland Beach was closed and the employees were
given a paid holiday as designated by the Town of Highland Beach Commissioners.
Pursuant to Town Building Code 12-6 there is to be no construction permitted in the
town during a holiday. While driving north the morning of February 15, 2016 1 observed
construction projects under way. When I arrived at the office, I sent an email to the
Town Manager and the Building Official (copy attached). To my surprise, a few minutes
later I received a response from the Town Building Official advising that he was working
and he forwarded an email from the Town Manager, which stated that construction was
permitted on this National Holiday (copy attached). For some reason not everyone in
Highland Beach knew that construction was permitted. As a condo manager, I did not
receive an email advising that contractors were permitted to work on Presidents' Day.
Therefore, It appears that certain contractors and developers received special
treatment. I take exception to construction being permitted by anyone on the holiday.
Congress determines the National Holiday Policy and the Town Commissioners
concurred with the Holiday Policy. The Town Commissioners determine the Building
Codes to be followed by the Building Department and the Town Manager. If February
15"' was not a holiday, town personnel that worked essential jobs should not receive
holiday pay and anyone that took off work should not be paid for the day.
I am requesting that the Town Commissioners investigate this matter and see that the
Building Codes are enforced equally and all building managers are properly informed.
Respectfully,
T. B. Burnich
Page 1 of 2
VillaCostaHighlandBeach
From: Michael G. Desorcy[mdesorcy@highlandbeach.us]
Sent: Monday, February 15, 2016 11:11 AM
To: VillaCostaHighlandBeach
Subject: RE: Holiday Construction
January 29, 2016
Attn.: Chief Craig Hartmann
Building Official Michael DeSorcy
Building Office Manager Carol Holland
From: Beverly M. Brown
Town Manager
Ref: Presidents' Day
In accordance with Florida State Statute 683.11 and 110.117, the 3rd Monday i February is
celebrated as Presidents' Day. Also in accordance with the Personnel Policies onf the Town of
Highland Beach, the Administrative Offices in the Town of Highland Beach will be closed on
Monday, February 15, 2016.
Section 12-6 of the Code of Ordinances prohibits construction when the Administrative Offices
are closed, accept with authorization from a Town Official.
Since Presidents' Day will not be recognized by all municipalities in Palm beach County, and the
fact that the Building Official will be actually working and in the Building Department Office on
February 15, 2016. As Town Manager, I am authorizing construction to continue on February
15, 2016 (only);for all permitted construction sites within the Town of Highland Beach
From:VillaCostaHighlandBeach [mailto:villacostahighland beach @gmail.com]
Sent: Monday, February 15,201610:55 AM
To: Beverly Brown<bbrown @highland beach.us>; Michael G. Desorcy<mdesorcy@highlandbeach.us>
Subject:Holiday Construction
I was very surprised to see construction work this morning at 3200 South Ocean Boulevard this being a National
Holiday. I believe that our Building Code(Section 12-6)does not permit any construction on a holiday. I would
appreciate an explanation.
Thanks.
Tim Bumich, Condominium Manager
Villa Costa Condominium Association, Inc.
3210 South Ocean Boulevard
Page 2 of 2
Highland Beach, Florida 33487
Office: (561)272-2676
Front Desk (561)272-2654
Fax: (561)272-7168
Email: villacostahighland beach rw-q mail.corn
www.villacosta.ora
Page 1 of 2
VillaCostaHighlandBeach
From: vllaCostaHighlandBeach [VillaCostaHighlandBeach@gmail.com]
Sent: Monday, February 15, 2016 11:17 AM
To: 'Michael G. Desorcy'
Subject: RE: Holiday Construction
Town Hail is closed. Therefore, it is a holiday recognized by the Town of Highland Beach.
Tim Burnich, Condominium Manager
Villa Costa Condominium Association, Inc.
3210 South Ocean Boulevard
Highland Beach, Florida 33487
Office: (561)272-2676
Front Desk: (561)272-2654
Fax: (561)272-7168
Email: villacostahighland beach Qg mail.com
wwN.viliacosta.orq
From: Michael G. Desorcy[mailto:mdesorcy@highlandbeach.us]
Sent: Monday, February 15, 2016 11:11 AM
To: VilaC.ostaHighlandBeach
Subject: RE: Holiday Construction
January 29, 2016
Attn.: Chief Craig Hartmann
Building Official Michael DeSorcy
Building Office Manager Carol Holland
From: Beverly M. Brown
Town Manager
Ref: Presidents' Day
In accordance with Florida State Statute 683.11 and 110.117, the 3rd Monday i February is
celebrated as Presidents' Day. Also in accordance with the Personnel Policies onf the Town of
Highland Beach, the Administrative Offices in the Town of Highland Beach will be closed on
Monday, February 15, 2016.
Section 12-6 of the Code of Ordinances prohibits construction when the Administrative Offices
are closed, accept with authorization from a Town Official.
Since Presidents' Day will not be recognized by all municipalities in Palm beach County, and the
fact that the Building Official will be actually working and in the Building Department Office on
Page 2 of 2
February 15, 2016. As Town Manager, I am authorizing construction to continue on February
15, 2016 (only);for all permitted construction sites within the Town of Highland Beach
From:VillaCosta Highland Beach [mailto:villacostahighlandbeach@gmaii.com]
Sent:Monday, February 15, 201610:55 AM
To: Beverly Brown<bbrown@highlandbeach.us>; Michael G. Desorcy<mdesorcy@highlandbeach.us>
Subject: Holiday Construction
I was very surprised to see construction work this morning at 3200 South Ocean Boulevard this being a National
Holiday. I believe that our Building Code(Section 12-6)does not permit any construction on a holiday. I would
appreciate an explanation.
Thanks.
Tim Bumich, Condominium Manager
Villa Costa Condominium Association, Inc.
3210 South Ocean Boulevard
Highland Beach, Florida 33487
Office: (561)272-2676
Front Desk: (561)272-2654
Fax: (561)272-7168
Email: villacostahiahiandbeach(&-gmail.com
www.villacosta.ora
Page 1 of 3
VillaCostaHighlandBeach
From: Beverly Brown [bbrown@highlandbeach.us]
Sent: Tuesday, February 16, 2016 8:16 PM
To: villacostahighlandbeach@gmail.com; Michael G. Desorcy
Subject: Fwd: Holiday Construction
Tim. - construction is not allowed when the Building Department is closed. Mike DeSorcy is not a
Town employee and consequently was not given the day off. Due to the fact that the Building Office
was open, and not all government agencies were not closed,I gave authorization for any permitted site
to work yesterday
If you would like to discuss this further,please see me at lunch tomorrow. Mayor Featherman and I
discussed this today since he was informed that only 3200 was allowed to work which was not a true
statement.
Beverly Brown
Sent from my iPad
Begin forwarded message:
From: "Michael G. Desorcy" <mdesorcvna,highlandbeach.us>
Date: February 15,2016 at 11:39:08 AM EST
To: Beverly Brown<bbrown(@hiahlandbeach.us>
Subject: FW: Holiday Construction
FYI,.....
From:VillaCostaHighland Beach [rnailtc:villacostahigh land beach @gmail.coml
Sent: Monday, February 15, 201611:17 AM
To: Michael G. Desorcy<mdesorcN,f@high landbeach.us>
Subject: RE: Holiday Construction
Town Hail is closed. Therefore, it is a holiday recognized by the Town of Highland Beach.
Tim Burnich, Condominium Manager
Villa Costa Condominium Association, Inc.
3210 South Ocean Boulevard
Highland Beach, Florida 33487
Office: (561) 272-2676
Front Desk: (561) 272-2654
Fax: (561)272-7168
Email: �Mlacostahighlandbeac,g-�g3rail.com
'Al`WPI.V ii iacosta.orw
From: Michael G. Desorcy rmailtc:mdesorcv@hicihlandbeach.usl
Senn: Monday, February 15, 2016 11:11 AM
To: VillaCostaHighlandBeach
Page 2 of 3
Subject: RE: Holiday Construction
January 29, 2016
Attn.: Chief Craig Hartmann
Building Official Michael DeSorcy
Building Office Manager Carol Holland
From: Beverly M. Brown
Town Manager
Ref: Presidents' Day
In accordance with Florida State Statute 683.11 and 110.117, the 3rd Monday in
February is celebrated as Presidents Day. Also in accordance with the Personnel
Policies of the Town of Highland Beach, the Administrative Offices in the Town of
Highland Beach will be closed on Monday, February 15, 2016.
Section 12-6 of the Code of Ordinances prohibits construction when the
Administrative Offices are closed, accept with authorization from a Town Official.
Since Presidents' Day will not be recognized by all municipalities in Palm beach
County, and the fact that the Building Official will be actually working and in the
Building Department Office on February 15, 2016. As Town Manager, I am
authorizing construction to continue on February 15, 2016 (only); for all permitted
construction sites within the Town of Highland Beach
From:VillaCostaHighlandBeach [ma ilto:villacostahigh landbeach@ mail.com)
Sent: Monday,February 15, 201610:55 AM
To: Beverly Brown<bbrown@highiandbeach.us>; Michael G. Desorcy
<mdesorcVhighiandbeach.us>
Subject: Holiday Construction
I was very surprised to see construction work this morning at 3200 South Ocean Boulevard this
being a National Holiday. i believe that our Building Code (Section 12-6)does not permit any
construction on a holiday. I would appreciate an explanation.
Thanks.
Tim Burnich, Condominium Manager
Villa Costa Condominium Association, Inc.
3210 South Ocean Boulevard
Highland Beach, Florida 33487
Office: (561)272-2676
Front Desk: (561)272-2654
Fax: (561)272-7168
Email: viilacosta€?ighiandbeachLa-gmail corn
C
Page 3 of 3
,Afmv.vil lacosta.ore
T. B. BURN/CH
4505 South Ocean Boulevard
Apartment 404
Highland Beach, Florida 33487
Home. 561.279 8403/Cell. 561.213.2066
E-mail: timburnich(W-att.net
February 23, 2016
Town of Highland Beach Commission
3614 South Ocean Boulevard
Highland Beach, Florida 33487
Subject: 4521 South Ocean Boulevard
Dear Town of Highland Beach Commissioners:
On February 16, 2016 the Board of Adjustment & Appeals held a hearing regarding a
wall that was already built higher than the Town of Highland Beach's Building Code
alk)ws. It is my understanding that the Board of Adjustment & Appeals is responsible
for approving or disapproving a building variance before any construction takes place.
In the event that something is built that does not meet the Building Code, this matter is
to be presented before the Code Enforcement Board for adjudication and not the Board
of Adjustment&Appeals.
I am requesting that the Town Commissioners investigate why the proper procedure
was not followed by the Building Department and that this matter is now referred to the
Code Enforcement Board.
Respectfu'I�,
T. B. Bumich