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2016.03.29_TC_Minutes_Workshop TOWN OF HIGHL-ND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, March 29, 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; Finance Director Cale Curtis; Building Official Michael Desorcy; Library Director Lois Albertson; Lt. Eric Lundberg; Library Clerk Suzi Hayes and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman called for any additions or deletions to the agenda. Item 6H — Vice Mayor Weitz added a discussion regarding the continued outsourcing of the Building Official in the Building Department. Hearing no further additions or deletions, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REOUESTS: Tim Burnich 4505 S. Ocean Blvd. —Residents have asked me if a permit is required for the work they are doing. I have provided them with instructions telling them when they need a permit, and also a general application permit checklist. Jim Burnich passed out a copy of the instruction sheet to the Commissioners). One of the items on the checklist from the Florida Building Code 104.1.1 states that a permit is required when there are any changes to exterior doors or windows. There was an incident at the condominium that I manage where a projectile from 3200 came through the balcony door of that building. The Town Manager, Building Inspector and the Developer met and were told they did not Town Commission Workshop Meeting Minutes Tuesdav, March 29, 2016 Page 2 of 15 need a permit. I ask that the Town Commission look into this and clarify if and when permits are needed for windows. Today, March 29", is welcome home Vietnam Veterans. If you know- any Vietnam Veterans, please welcome them home. John Boden 3407 S. Ocean Blvd. — My concern is about pedestrian safety, and ask for your assistance to see if we can improve the situation in our town. There was an incident that took place on New- Year's Eve involving pedestrians crossing AIA. They were wearing dark clothing preventing me from seeing them until the very last minute causing me to slam on my brakes. Because of this incident, Mr. Bowden wrote a letter to the editor of the Palm Beach Post, which was published and attached as Exhibit "A". He looked at several ways to improve pedestrian safety. The most cost effective one was solarpowered lights, and could be installed on either side of the road for approximately S3,500 per crosswalk. Perhaps the individual condominiums would help pay for the installation of these lights. Mr. Bowden distributed the information regarding these lights to the Commissioners. 3. PRESENTATIONS: • Proclamation: Water Conservation Month Town Clerk Oakes read the Proclamation declaring April as Water Conservation Month. Commissioner Zelniker asked that the Proclamation be posted on the Town website. Town Manager Brown—We have an ordinance that requires specific plantings to be put in the town to eliminate overuse of our water facilities. The Public Works Director will be sending a copy to the South Florida Water Management District. By consensus the Town Commission accepted the proclamation declaring April as Water Conservation month. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • No report C) Board Vacancies: • Talent Bank Interview— Board of Adjustment &Appeals (3-year term) Barbara Penn, 1127 Boca Cove Lane gave a brief description of her background and would like be appointed to the Board of Adjustment & Appeals, and be able to serve the community. Consensus was to place this item on the Consent Agenda for April 5`h Town Commission Workshop Meeting Minutes Tuesdav,March 29, 2016 Paine 3 of 15 • Talent Bank Interview—Planning Board (3 year term) Re-appointment: Harvey Mart, 3221 S. Ocean Blvd. —Mr. Martwas unable to attend today's meeting but has expressed his desire to be reappointed to the Planning Board for another three year term. Consensus was to place this item on the Consent Agenda on April 5�. D) Monthly Board Meetings: • Board of Adjustment &Appeals —March 301h —9:30 AM • Town Commission Regular Meeting —April 51 — 1:30 PM • Spring Fling Community Event—April 16th—9:30 AM to 12:30 PM • Town Commission Workshop Meeting—April 26' — 1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 16-007 O— 1sT READING on April 5, 2016 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER 7, "ELECTIONS", ARTICLE I, "IN GENERAL" TO CREATE SECTION 7-4, "RESIGN-TO-RUN" TO PROVIDING FOR RESIGN TO RUN REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read Ordinance No. 16-007 O into the record. Town Manager Brown— This ordinance requires an appointed position of any town board or any town employee to resign such position prior to qualifying as a candidate. Consensus was to place Ordinance No. 16-007 O on the April 5`h agenda for first reading. B) RESOLUTION NO. 16-002 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING THE FLECTION FOR ONE (1) COMMISSIONER SEAT TO HAVE BEEN HELD ON THE 15T11 DAY OF MARCH, 2016 TO BE UNNECESSARY SINCE THE ONLY CANDIDATE WHO QUALIFIED WAS UNOPPOSED. Town Clerk Oakes read Resolution No. 16-002 R into the record. Town Manager Brown — If you agree to adopt this, after the nest meeting when it is officially adopted, we will swear in Commissioner Feldman for another term. Consensus was to place Resolution No. 16-002 R on the April 5th agenda. Town Commission`'Workshop Meeting Minutes Tuesday,March 29, 2016 Page 4 of 15 6. NEW BUSINESS: A) Authorize Mayor to Sign the First Amendment to Agreement with Harcros Chemicals Town Manager Brown — The Town Commission approved an agreement with Harcros Chemicals, Inc. that allowed the Town to piggy-back a bid (ITB#14-130) issued by the Cite of Lake Worth to purchase caustic soda. That agreement was for an initial 12 month period with an option for two additional 12 month renewals. The Town wishes to exercise the first 12 month renewal of this agreement. The Town anticipates purchasing approximately 25,200 gallons of caustic soda at the awarded bid rate of 51.71/gallon for a total of 543,092. Commission Discussion: Commissioner Zelniker—Does the Public Works Director feel this is a good agreement? Public Works Director Ed Soper — It is great that we are able to piggy-back on the Lake Worth contract. It is for 12 months at the same price, and I recommend approving it. Commissioner Feldman — Did you receive competitive bids on this? PWD Soper — Lake Worth did; there were five different bidders. Commissioner Stern—I am in favor of this agreement. Vice Mayor Weitz—I also support this agreement. Mayor Feartherman — It is good that we cooperate with other towns in the area. I am in favor of this. Consensus was to place this item on the Consent Agenda for April 5r''. B) Authorize Nlayor to Sign Agreements for Professional Services (General Architectural/Engineering) • Global Tech • Matthews Consulting • Calvin, Giordano and Associates • Keith & Schnars, P.A. Town Manager Brown — The Town advertised a Request for Proposals (RFP) for General Architectural/Engineering Services, and received proposals from nine different firms. On March 1, 2016 the Town Commission approved a recommendation of a Selection Committee to award contracts to four (4) of the submitting firms listed above. The different firms include variety of disciplines to include water and waste water infrastructure, transportation planning, right-of-way planning and construction. The agreements are for a fire year period, and are not for set dollar amounts. Rather, each agreement includes a Rate/Fee Schedule that identifies the hourly rates for the different job classifications. As projects arise, staff will prepare work directives and purchase requisitions to authorize work with the individual firm based on the not-to-exceed Town Commission Workshop Meeting Minutes Tuesday,March 29,2016 Page 5 of 15 hourly rates, and budget for each task order. Please note that the Commission will still need to authorize purchase requisitions for projects exceeding 525,000. Commission Discussion: Comm. Zelniker—I will go along with the evaluation of our staff. Comm. Stern — Will we need all of the agreements for the period of five years? Town Manager Brown — It holds the rates for that period of time. It would be beneficial for us for a five year period not to have to go out for bid every time a project came up. Comm. Stern — We are accepting a contract and not a dollar amount. I am okay with this. Comm. Feldman—I agree with Comm. Stern. Vice Mavor Weitz—This is a logically and prudent decision and I am in favor of it. Consensus was to place this item on the Consent Agenda for April 5"' C) Authorize the Mayor to Sign an Agreement with Global Tech for the Purchase, Delivery, Removal and Installation of Membranes for Train A Town Manager Brown — In February, the Town advertised an Invitation to Bid (ITB) for the Purchase, Delivery, Removal and Installation of Membranes for Train A in the Water Treatment Plant. This is a planned expenditure and was approved in the adopted Fiscal Year 2015/2016 Water Fund Budget. There are several reasons why the membranes need to be replaced. All membranes have a finite useful life span that can vary due to a number of contributing factors. The primary reason why the membranes in Train A are being replaced now is that over their years of service, they have become incrementally fouled and have reached the point where they are no longer able to produce the expected volume of permeate (product) water. This means Train A must run longer to produce the same amount of water which uses more energy, chemicals, and creates a larger quantity of reject water. The Town received the following bids: o Ham R/O 5148,335 o RJ Sullivan 5144,500 Global Tech 5138,000 Staff has determined that Global Tech's Alternate 1 proposal of 5138,000 is the lo"est, most responsive and responsible bid. We recommend that the Commission authorizes the Mavor to sign the agreement with Global Tech in the amount of 5138,000. The Department's long-term plan is to replace the membranes in Trains B & C over the next two fiscal years in order to minimize impact to the ratepayers of our Town. Town Commission Workshop Nleeting Nlinutes Tuesday,March 29, 2016 Page 6 of 15 Commission Discussion: Vice Mavor Weitz—I will go along with the expertise of our staff. Comm. Stern had no comment. Comm. Zelniker asked PWD Soper for clarification so the residents would have an understanding of what is being proposed. Comm. Feldman asked PWD Soper if this fits in with the new system that we are incorporating. PWD Soper — In response to Comm. Zelniker's request, there are three trains, three separate systems, and the membranes have a finite life. Rather than impacting them all at once, we have decided to stage it and replace one each year over a three year period. He explained the reasons for the replacement of the membranes. We estimated $150,000 for this project, and are very pleased that Global Tech came in at 5138,000 total cost. We are very confident that we will get another 10 years out of the new set of membranes coming in. As far as it being compatible with the new technology we have coming on board, which is the Cal-Flow ,System, it is perfectly compatible. Consensus was to place this item on the Consent Agenda for April 5'. D) Approval to Purchase a Table for the Palm Beach County League of Cities Installation GALA Luncheon on May 18,2016 Town Manager Brown — In the past, the Town has purchased a table and the Commissioners and their spouses have attended, plus staff if room is available. The table is 5650. Discussion ensued amongst the Commissioners regarding the GALA Luncheon and the importance of the Town Commission to attend. It was noted that Mayor Haynie of Boca Raton will be inducted as head of the Palm Beach County League of Cities. Consensus was to place this item on the Consent Agenda for April 5'. E) Commission Discussion on the following: • Boat Lifts • Building Height Limitation • Yard Sales Town Manager Brown — I received a letter from George Kelvin asking that a boat lift in front of someone's home only be for the person living in that home. This is created due to the fact that in Boca Highlands, the marina is not owned by the condos, but individually owned. Commission Discussion (Boatlifts): Comm. Zelniker - Homes that are built on the canal have the capabilities of having a dock and/or a boatlift. If a homeowner wishes to have a boatlift and they obtain a permit, it is not necessary to come to the Commission. George Kelvin's situation is one that is within his condominium. It Town Commission Workshop Fleeting INlinutes Tuesdav,March 29, 2016 Page 7 of 15 is a privately owned marina that bought the docks from this condominium. This issue is not for the Commission, and we should not get involved with the boatlifts. If it meets our code, the owner should be allowed to have the boatlift. Comm. Feldman — Mr. Kelvin's request to have a boatlift be allowed in front of a home only could be a difficult one, because many condominiums on the Intracoastal Waterwav have boatlifts in front of the building itself. I agree with Comm. Zelniker that we cannot get involved. Comm. Stern —When I was on the Planning Board, we had to deal with many boatlifts. At the last meeting, one of my neighbors who resides on a canal, asked if the Commission could look at the boatlifts and the codes and change them. The actual code was written and adopted July 25, 2000. The code states that if you have a canal wider than 80 feet, there is no problem putting in a boatlift as long as it doesn't impede with navigation. This particular canal that my neighbor resides on is 156 feet, and does not impede with any navigation whatsoever. In response to Mr. Kelvin's complaint or my neighbor's, no one is absolutely guaranteed a view. This Commission does not need to look any further into this code. It reads well, and serves our town well. Vice Mayor Weitz — I agree that the Commission is not the place to look into these kinds of matters. If there is a code violation, it should be brought before the Code Enforcement Officer. Mayor Featherman—We should not get involved with boatlifts. Commission Discussion(Building Heights): Comm. Zelniker — We rejected Ordinance No. 16-003 O. There is an ordinance on the books that states there are three exceptions for building heights. There has to be some sort of solution to building height allowances. Could the word "exception"be removed from the ordinance? Vice Mayor Weitz—The ordinance that was rejected by this Commission, and I supported it, was a tighter and tougher ordinance then the one we have. Comm. Zelniker is now asking for a new ordinance with no exceptions, and I am not supporting that. We are starting to micro-manage builders and developers and trying to impose finite restrictions on people who have the right to do business in this town. Comm. Feldman—I have no problem with the ordinance. Comm. Stern — The ordinance reads two height variances and not three. I see no reason to do anything further. Yard Sales: Town Manager Brown — One of the condominiums was having a yard sale and wanted to put flagmen in the road, which was not accepted. There is nothing in the code regarding tag sales or garage sales. Would the Commission want to add something to cover these sales such as needing a permit and limiting the number of garage sales during the year? No action was taken. Town Commission Workshop Meeting Minutes Tuesday,March 29, 2016 Page 8 of 15 F) Commission to Authorize the Mayor to Sign the Agreement with Shaw Industries for the Purchase and Installation of the Carpet Tile in the Library Library Director Lois Albertson invited Suzi Hayes, Library Events Coordinator to give her presentation. Suzi Hammes—The Commission budgeted for redoing the Library carpeting, and we are here today to authorize those expenditures. The original carpeting was installed in 2006 and needs some work. The original budget was for replacing the current carpeting with hardwood flooring. The current administration was not in favor of hardwood flooring, so we have selected carpet tiles. The reason for carpet tiles is for the ease of replacement, should we have any issues with it. Ms. Hayes presented a sample of the carpet tile which is identical to the carpet in the Commission Chambers. She also described how the carpet would be put down without having to remove any of the books from the bookshelves. The Library would be closed for a week to ten days. The project was budgeted at 570,000. We used a state contract and the carpet moving equipment is a Sole Source, so we have come in considerably under the budgeted amount. Commission Discussion: Comm. Feldman — Did you get a quote from H & H Carpeting who did work in the Town Hall. Suzi Hayes — I did not. We went with the state contract which is supposed to be the best price. Comm. Feldman — We have not committed to the state contract, so it might benefit us to get a quote from another source that has already done work for us. I see no reason why the carpet has to be placed under the bookshelf. It could go to the edge of the bookshelf. Suzi Hayes — The existing carpet is under the shelving, and we wanted to maintain the integrity. Comm. Feldman —I would like to see bids from other companies. Finance Director Cale Curtis — Similarly, how we just approved the purchase with Harcros Chemicals, we are piggy-backing a state contract. Shaw Industries responded to a state advertisement for carpeting and flooring material and we are just utilizing that unit pricing for our Library. Comm. Feldman — I still think we should ask other companies. It doesn't cost anything. Fin. Dir. Curtis —We would have to go through our own formal bidding process. Due to the expense, we would have to advertise select bids, and it would add several months onto the process. Comm. Feldman — We could call H & H Carpeting and ask them to give us a price. Fin. Dir. Curtis — Unfortunately, the way our procurement policy is set up, anything over S25,000 requires a formal procedure. Vice Mayor Weitz — I agree with the Library personnel. We have scheduled this for times when people are away to not coincide with their busy periods. Any delay would push this project potentially into periods of high utilization and times in the busy season when people are here. They are coming in with a cost of 520,000 below what was budgeted. It is a legitimate bid from the State, incorporates cverything and the timing is right. I would support our Finance Director and our Library Director to move on this project. Comm. Stern — I don't see delaying this project, but I understand that we should get other bids. It is up to the majority. Town Commission Workshop Meeting Minutes Tuesday,March 29,2016 Page 9 of 15 Comm. Feldman — The money we had budgeted was for hardwood floors, not carpeting. The savings is carpeting versus hardwood floors. We need to see if we have other options. Mayor Featherman—I am in agreement that we should get more than one bid. Vice Mavor Weitz, — The State of Florida did do multiple bids. They are just saving us the process. We are simply piggy-backing on a State process. Comm. Feldman—We have five months, and this could be done in 30 to 60 days. Town Manager Brown—We would have to go out to bid in the newspaper, give them time to bid on it, and come back for a pre-bid meeting. We would then have to open up the bids. This is under our purchasing policy. It will add 60 to 90 days onto the project. Comm. Stern—It is a major process. To spend 510,000 to save 510,000 makes no sense. I think we should move forward. Comm. Zelniker — We have a purchasing policy for the Town. The State did the bidding. Can we do the bidding, and did we follow the policy of this Town. Town Attorney Torcivia — The policy gives you a choice. After $25,000 you can go to bid, but you also have the option to piggy-back on other contracts. Suzi Hayes — If you go out to bid, it would probably push our availability out about a month or two. The carpeting would be available at any time, but there is no guarantee the airlift equipment would be available. Comm. Zelniker — The Town Attorney is saying that we can do this. The Library is very important to our community, and I agree with Vice Mayor Weitz that we should move forward. Fin. Dir. Curtis — There are multiple companies that are under contract with the State. The Library has selected the one that best fits the Library based on the carpet the they would like to use. Consensus was to place this item on the April 5d' agenda under Miscellaneous-Items Left Over. G) Consideration of the Interlocal Agreement — Palm Beach County — One Cent Infrastructure Surtax Town Manager Brown — On March 24"', I received a letter from Verdenia Baker, County Administrator advising us that on March 22nd the Board of County Commissioners approved a plan for a one-cent infrastructure surtax for no more than 10 years. Town Manager Brown read the distribution percentages indicating that 18.5% will be distributed to the Municipalities. Thev have asked us to sign the Interlocal Infrastructure Surtax Agreement. Town Manager Brown - I sent a number ofproposals in, and our share of the monies would be just over .x,200,000 a year for 10 years. It is going to be put on the November ballot. Town Attorney Torcivia— You might come to a point where they ask you to take a position, only because they need 51% of the population of the City Commissions to put it on the ballot. Town Commission Workshop Meeting Minutes Tuesday,March 29, 2016 Paye 10 of 15 Discussion ensued regarding the signing of this agreement. The Commission is not asked to vote for or against it, and they are not making any commitment. It is up to the taxpayers to vote on whether thev want this increase or not. Consensus was to place this item on the Consent Agenda for April nth. H) Discussion on Outsourcing in our Building Department. Vice Mayor Weitz — The Building Department is the only department outsourced in this Town. My remarks have nothing to do with the personnel in that department. I have heard from constituents about continuous problems we are having with respect to the enforcement of our codes for construction, building and areas of safety. I drive along AlA, and it is in such disarray. We need to regain control of that department. Our Town Manager needs to have the authority to act on these issues and get results. The issue is not only ordinances and the residents' complaints, it is the non-responsivity, the failure to get implementation, and the failure to get people complying. When we have the violations, do we shut down the projects or imply great fines? I believe we should. I am imploring my fellow Commissioners to consider ending the contract with our external consulting firm, and we move to re-incorporate this department within our town. Comm. Feldman — There were some issues lately, but I am not sure if it is the use of an outside service or the better use of a code enforcement. Comm. Zelniker — I receive a great deal of complaints. On March 201h, I observed a large hole on a construction site on AIA, with no fence around it. It is a lack of caring from these builders about our community. This is a major safety issue; especially with children in our area. I called Chief Hartmann and he immediately took care of it. The next day the fence was put up, but there were no "no trespassing signs" on it. Was the fence put up around the entire site? Building Official Mike Desorcy — The job was permitted before the date that the fencing had be placed around all four sides of the job. That particular builder was only required to put the fencing in the front, and I indicated to Town Manager Brown that the fence was in order. I called the builder and had him put up the construction fence in order to alert people that there was construction on the other side. The chain link fence and the "no trespassing" sign is up today. Comm. Zelniker — Is the fence on all four sides? B.O. Desorcy — No, it is not. Comm. Zelniker — We have an ordinance that states it must be on all four sides. I am very concerned about the safety of the residents in our community. B.O. Desorcy — The effective date of the ordinance was March 1st. The builder had his permits before that date, so he would not be required to do so. I spoke with him, and he has agreed to put a fence around the entire site when it is technically feasible. Comm. Zelniker — The Department of Environmental Protection (DEP) issued a warning to the property owners of 3621 S. Ocean Blvd. because of all the debris in the sand. The developer has been given a four day window to sift through all of the sand on this lot beginning at 9 AM. When the building was demolished they left a lot of debris. Why did we miss that? B.O. Town Commission Workshop Meeting Minutes Tuesday.March 29, 2016 Page 11 of 15 Desorcy" — As soon as the complaints came in, I contacted DEP and they assured me that everything the contractor was doing was legal and approved by the State. Initially the debris was not exposed, but due to some rough weather these materials became exposed. The DEP, Coastal Engineer and the Florida Wildlife Commission met with the builder and they were going to formulate a plan to get this corrected. They are now working on this issue and have until the end of the work day on Thursday. The color of the sand is not acceptable to the State. It is too dark and they are going to have to put in some lighter color dirt. After Thursday, nothing is to take place until after turtle season. The DEP and the Coastal Engineers are working with the developers on the various construction sites on the ocean side. Comm. Zelniker — On Easter Sunday, I noticed there were dumpsters that were overflowing. It is a lack of caring for the community. We have codes and ordinances, but they are of no value if we don't enforce them. B.O. Desorcy — Starting next Monday we are getting a supplemental Code Enforcement Officer to spend three half days a week in Highland Beach for a 90 day period to see how well it works. Comm. Stern —While serving on the Planning Board I worked with both in-house and outsource personnel, and it was not any better than it is now. What we have now is a well-staffed organization that knows what they are doing and knows our code. Given the fact that they are bringing on extra help at no expense to us, we need to table this to see how they do over the next 90 days. I agree with the Vice Mayor that AlA is a bad site at the moment, but I do not agree that we need to bring our forces inside. Comm. Feldman—Do they have to put up a fence when the building permit is issued? The fence wasn't put up until weeks after the hole was dug. It should have been put up originally and the Building Department should have seen to it before the hole was dug. I want to make sure all the codes are being met. Vice Mayor Weitz — I see lots of areas that are dangerous situations to the people in this Town. We need to enforce the rules and regulations and get code enforcement to do their job. It is our responsibility to keep our citizens safe. Consensus was to place this item on the April 5h agenda under Miscellaneous — Items Left Over for further discussion. 7. MISCELLANEOUS —ITEMS LEFT OVER: A) Discussion on Commission's Recommendations for the following Job Descriptions: • Building Department • Finance Department Town Clerk Oakes — The agenda packets included the job descriptions for the Building Department and the Finance Department for the Commission to make any suggestions or recommendations. Town Commission Workshop Nteeting linutes Tuesdav,March 29,2016 Page 12 of 15 Commission Discussion: Comm. Feldman — Some of the positions with education and experience and work knowledge should be enforced a bit more vigorously rather than just past experience. Going forward, if in the future we should need to hire a Finance Director, the Finance Director should be a CPA. Town Manager Brown — The Finance Director has other duties besides finance. He is the Purchasing Agent, Procurement Officer and Payroll Officer. Comm. Feldman — Our present Finance Director is doing a fine job and taking the necessary procurement courses. Any future job description should include CPA. Comm. Stern — I agree with Comm. Feldman. Perhaps a CPA would be necessary in the future, but not now. I see no problems at this point with the Finance Department and/or the Building Department. They are doing a fine job, and these job descriptions are in order. Comm. Zelniker — I also am in agreement with Comm. Feldman. The future job description should also require an MBA for the Finance Director. Vice Mayor Weitz — Our Town is deficient in limiting or restricting the educational criteria that certain positions require. This is no reflection on the current personnel. Experiencing does matter, but not until after you have the education. We have given far too much preference to people who have been around and are part of our operation. I would like to see educational criteria corrected in our future documents. B) Minutes: • February 4, 2016—Workshop Meeting • February 17, 2016—Special Meeting • February 23, 2016—Workshop Meeting • March 1, 2016—Regular Meeting Consensus was to place the minutes on the April 5' Consent Agenda. S. REPORTS —TOWN COMMISSION: A) Commissioner Rhoda Zelniker — Manv thanks to John Boden for bringing the issue of crosswalks to our attention. Town Manager Brown is looking into the flashing lights for the crosswalks. Our Police Department has to start giving out tickets to people who do not stop at these crosswalks. B) Commissioner Carl Feldman — Boca Highlands paid for the flashing light at their crosswalk. I am against lights at every crosswalk because you will never get through this town. I attended a Friends of the Library meeting this week and they are doing a great job. Our new Library Director Lois Albertson put on a fantastic presentation that showed exactly what was going on in the Library. I ask that Library Director Albertson give the same presentation at our next meeting. Hopefully that presentation could be placed on our website in the future. C) Commissioner Stern — I would like to follow up on some of the items discussed at the last meeting, and hopefully get some answers. What is happening on the crosswalk at 45 Ocean; Town Commission Workshop Meeting Minutes Tuesday,-March 29, 2016 Page 13 of 13 possible shelters at the bus stop for the children, and an update on the repair of the bridge in Bel Lido. D) Vice Mayor Weitz — I also want to thank John Boden for his concern and the work he has done regarding the safety of our residents at the crosswalks. I don't believe cost is an issue. It is coming up with the right solution. The displeasure with the Friends of the Library was expressed. E) Mayor Bernard Featherman—We are still in negotiations with the City of Delray Beach for our fire contract. We have had a good relationship with the City of Delray Beach, and I would hope that it could continue. I met with John Boden and am very glad that he has taken such interest and concern for our residents' safety in our crosswalks. Hopefully we can find a solution to this problem. We are working very hard to protect our residents. 9. REPORTS —TOWN ATTORNEY GLEN TORCIVIA: A) Response to Letter Submitted by Tim Burnich This item was covered under Item lOB and 10C. B) Update on Commission's Request for the Attorney to Investigate Opting Out of FRS Elected Officers' Classification The Commission asked if they could opt out of the Florida Retirement System (FRS). They probably cannot. If there is any option at all, and I can follow up with FRS, it may be that within the first six months in office that individual might have that option. Each one of you have been in office longer than six months. The Commission passed a resolution in 2005 that entered into an agreement with FRS dealing with once the class (Commission) joins, you are in. If the Commission would like me to, I could look into the option of future Commissioners having the ability to opt out within the first six months. I also looked into Comm. Zelniker's question regarding variance procedures. In general, I could not find any town that didn't have a variance procedure in place. The courts have determined that not having variance procedures is unconstitutional. 10. REPORTS —TOWN MANAGER BEVERLY BROWN: A) Update on Linton Traffic Light: I contacted FDOT, City of Delray Beach Engineering Department, Palm Beach County Engineering and Palm Beach County Public Works, and finally Palm Beach County Engineering contacted me back. They found a malfunction with the vehicle detection unit and repaired it. The traffic is now moving faster. They also advised, that in their observation, both the driver and the bicycle traffic contributes to unavoidable delays, especially during peak hours. B) Crosswalk at 4.5 Ocean: I found the information required by the State and sent it to the President of the Condo Association. They will have to hire an engineer and a safety director to make an application, which will not be an inexpensive proposition. Once they get the information, it is up to the State as to whether they will issue another crosswalk. Town Commission Workshop Meeting Minutes Tuesday,March 29,2016 Page 14 of 15 C) Bus Shelters: We would have to hire an engineer and an architect, and then we could apply to install bus shelters if we want to. It is up to the Commission if they want to authorize the expenditure. The Commission took no action on this item. D) Bel Lido Bridge Maintenance: The Public Works Department is getting a price on that and will provide you with a report. E) Update on Incident at 3200 S. Ocean Blvd.: The Building Inspector and I met with the project superintendent to review the projectile breaking the window. OSHA was contacted, and they said they would not respond due to the nature of the incident. The contractor has agreed to purchase safety equipment to be attached to drill bits if they do this procedure again. F) Update on Construction during Holidays: After the Martin Luther King Holiday, we received numerous phone calls from residents that they could not have any work done. Our Building Official is not a Town employee and both he and I were going to be working that day. He indicated that he would have no problem with inspecting sites that day if there was a problem. It was posted on the website and the Building Department, but we did not notify each of the condos. In the future, if we should do this again, I will certainly_ notify_ the condominium management of any changes. G) Drainage Evaluation Report requested by Comm. Zelniker: We received that report this week and if you are interested, we could have them do a presentation. It will cost ,$x200,000 to 5400,000 to do the work. We will have to pick up part of the cost if that is what you so choose. 11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY Carl Gehman, 1123 Highland Beach Dr. —If they enforce the codes, this town will be great. Thank you for doing such a fine job for the residents. Happy Veteran's Day to all. Edward Neidich, 4740 S. Ocean Blvd. —I commend this Board on the wavy it operates in terms of the health, safety and welfare of our residents. Town Commission Workshop Xleeting Minutes Tuesday,March 29,2016 Page 15 of 15 12. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Workshop Meeting at 4:15 PNI. MOTION: Commissioner Feldman moved to adjourn the workshop meeting at 4:15 PM. Motion was seconded by Vice Mayor Weitz, which passed unanimously. APPROVED: Bernard Featherman, Mayor Azieldman, Commissioner � A� a'o""4a- William Weitz, Vice Mayor Wf'ocia Zelniker, o missioner Loui P. Stern, C— issioner ATTEST: Ut&-, C 04 tZ S3 lit, Valerie Oakes, CMC, Town Clerk Date If 11 Increasing Pedestrian Safety in Highland Beach, FL March 29, 2016 On the night of 12/24/15 a family of four, dressed in dark clothing, caused me to slam on my brakes as they suddenly appeared directly in front of my car as they were crossing AIA back to their condominium on their unlit crosswalk. I sent this letter to editor of the Palm Beach Post who published it "A Caution to Pedestrians and Bikers" "When walking or riding a bike on a road at night remember these simply facts. Having the right-of-way does not apply after you are hit by a car because the car always wins. Just because you can see the car does not mean the driver can see you. Dark clothes on a dark night is often called camouflage. Just because you are in a crosswalk or a bike lane does not mean a driver can see you. When you are on a road at night, and are not in a car, it is best that you think of yourself as invisible and that no one can see you, because that is pretty much the case. Carry a light, wear light or bright clothing, and pretend you are invisible. You may live longer." Florida pedestrian Laws: Pedestrians do not always have the right of way and cannot enter a cross walk anytime they wish. Orlando Sentinel Article: "Central Florida Roads Run Red with Pedestrian blood." Pedestrians too often misjudge their chances. By the time a typical car headlight reveals a pedestrian, it already is physically too late for the average driver to stop a 45-mph car, he said. So pedestrians too often misjudge their chances. By the time a typical car headlight reveals a pedestrian, it already is physically too late for the average driver to stop a 45-mph car, he said. St Petersburg Pedestrian Study The results of this study clearly demonstrate the rapid-flash pedestrian crossing aids greatly increase driver-yielding behavior, as there were marked increases in yielding above the percentages reported during both baseline and the standard yellow flashing beacon. Four out of every Pedestrian deaths occurred at night. Cost approximately$3,500 per double signed crosswalk h Elderlssues, LLC John Boden Founder Phone:(561)265-0016 Cell:(561)302-1020 iboden@eiderissues.com � �' 9roan Blvd.#5B,Highland Beach,FL 33487