2016.04.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
MMJTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, April 5, 2016 1:30 PM
Mayor Bernard Featherman called the Regular Meeting to order in the Town Commission Chambers at
1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz, Ph.D;
Commissioner Carl Feldman; Commissioner Louis P. Stern; and Commissioner Rhoda Zelniker. Also
present: Town Attorney Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Police
Chief Craig Hartmann; Finance Director Cale Curtis; Public Works Director Edward J. Soper; 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 no further additions or
deletions the agenda was accepted as amended.
2. PUBLIC COMMENTS AND REQUESTS:
Harry Adwar, 4740 S. Ocean Blvd. —The light by the gate at the south entrance to Boca Highlands has
been out for over one year. I have contacted Florida Power & Light (FP&L) many times, and it still
has not been fixed. I contacted the Mayor for help on this situation.
Public Works Director Ed Soper — I have been in contact with FP&L, and they assured me that it
would be taken care of. I will follow up on this and try to get this taken care of as soon as possible.
Town Commission Regular fleeting Minutes
Tuesdav, April 5,2016 Page 2 of 8
3. PRESENTATIONS:
• Library Services
By: Lois Albertson, Library Director
Library Director Albertson gave a presentation on 10 Things you didn't know about the Highland
Beach Library attached as Exhibit "A". The Children's Programs are not just for the children who
live in Highland Beach year round. Grandchildren and family member's children who come to visit
are welcome.
4. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
Town Clerk Oakes read the report into the record.
C) Board Vacancies:
• None
D) Monthly Board Meetings:
• Spring Fling Community Event-April 16th-9:30 AM to 12:30 PM
• Town Commission Workshop-April 26th- 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 1, "IN GENERAL" TO CREATE SECTION 7-4, "RESIGN-TO-RUN" TO
PROVIDING FOR RESIGN TO RUN REGULATIONS; PROVIDING CODIFICATION;
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 will create regulations requiring any person appointed to
a Town Board, or any Town employee to resign prior to qualifying for the office of Mayor, Vice
Mayor or Commissioner.
MOTION: Commissioner Zelniker moved to accept Ordinance No. 16-007 O on the 1St Reading.
Motion was seconded by Vice Mavor Weitz.
Town Commission Regular Meeting Minutes
Tuesday, April 5, 2016 Page 3 of 8
ROLL CALL:
Commissioner Zelniker - Yes
Vice Mayor Weitz - Yes
Commissioner Stern - Yes
Commissioner Feldman - Yes
Mayor Featherman - Yes
Motion carried 5 to 0.
6. CONSENT AGENDA:
Town Clerk Oakes read the Consent Agenda into the record.
A) Appointment of Barbara Penn to the Board of Adjustment&Appeals (three-year term ending
March 2019)
B) Re-appointment of Harvey Mart to the Planning Board (three-year term ending March 2019)
C) RESOLUTION NO. 16-002 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING THE
ELECTION FOR ONE (1), COMMISSIONER SEAT TO HAVE BEEN HELD ON THE 15TH
DAY OF MARCH, 2016 TO BE UNNECESSARY SINCE THE ONLY CANDIDATE WHO
QUALIFIED WAS UNOPPOSED.
D) Authorize Mayor to Sign the First Amendment to Agreement with Harcros Chemicals
E) Authorize Mayor to Sign Agreements for Professional Services (General
Architectural/Engineering)
• Global Tech
• Mathews Consulting
• Calvin, Giordano and Associates
• Keith & Schnars, P.A.
F) Authorize the Mayor to Sign an Agreement with Global Tech for the Purchase, Delivery,
Removal and Installation of Membranes for Train A
G) Approval to Purchase a Table for the Palm Beach County League of Cities Installation GALA
Luncheon on May 18, 2016
H) Consideration of Interlocal Agreement—Palm Beach County— One Cent Infrastructure Surtax
Il Minutes:
• February 4, 2016 —Workshop Meeting
• February 17, 2016 — Special Meeting
• February 23, 2016—Workshop Meeting
March 1, 2016—Regular Meeting
Town Commission Regular Meeting Minutes
Tuesday, April 5, 2016 Page 4 of 8
MOTION: Commissioner Feldman moved to accept the Consent Agenda. Motion was
seconded by Commissioner Stern, which passed unanimously.
7. NEW BUSINESS:
A) Administer the Oath of Office to Commissioner Carl Feldman
Town Manager Brown — Congratulations to Commissioner Feldman, and we wish him another
successful and healthy three years. He has done a fine job over the past three years.
Town Clerk Oakes administered the Oath of Office to Commissioner Feldman.
Commissioner Feldman — It has been an honor and a privilege to serve as a Commissioner for
Highland Beach. I thank you for your support.
8. MISCELLANEOUS ITEMS —LEFT OVER:
A) Commission to Authorize the Mayor to Sign the Agreement with Shaw Industries for the
Purchase and Installation of the Carpet Tile in the Library
Comm. Feldman—When this was first presented to us, I was not sure of the pricing. I contacted
H & H Carpet, who has previously done work for the Town, and they met with Pat Roman and
the Librarian Suzi Haves. They presented us with a proposal of 531,638, which is approximately
52,000 more than the current bid. To lift the bookcases would be an additional S17,000. I am in
agreement with the current bid from the State, and feel we should more forward with this.
The Commissioners thanked Fin. Dir. Curtis for his hard work, and Comm. Feldman for taking
the initiative in looking further into other options.
MOTION: Commissioner Feldman moved to authorize the Mayor to sign the Agreement with
Shaw Industries for the Purchase and Installation of the Carpet Tile in the Library. Motion was
seconded by Commissioner Zelniker.
ROLL CALL:
Commissioner Feldman - Yes
Commissioner Zelniker - Yes
Commissioner Stern - Yes
Vice Mayor Weitz - Yes
Mavor Featherman - Yes
Motion carried 5 to 0.
Town Commission Regular Meeting Minutes
Tuesdav, April 5, 2016 Page 5 of 8
B) Discussion of the Outsourcing of the Building Official—Vice Mayor Weitz
Vice Mayor Weitz. — I have voiced my opinion regarding the enforcement of our existing codes
and regulations regarding contractors and developers in our community, and was adamant about
the need for action. Our personnel needs to be out ensuring that the developers and contractors
meet the obligations that they committed to when they received their permits. This particular
department is outsourced, and I felt that if we brought this department back in-house, the Town
Manager would have more direct contact and the ability to enforce, what we expect, on that
department. The current outsourcing company is aware of the situation and has acknowledged the
deficit in having our codes enforced. They made a proposal to immediately increase manpower
for the next 90 days, and they deserve the opportunity to implement that. We will be reviewing
this in 90 days.
Comm. Zelniker— In 1949, when the men and women of the Town of Highland Beach wrote our
Code of Ordinances, they had great insight into the future of our Town. There are particular
codes regarding building sites, and some of these codes are not being enforced. Our Town now
has major construction due to the improving economy. SAFEbuilt is bringing in an additional
Code Enforcement Officer for three half days a week beginning April 4th, and I don't feel it is
enough. The new condominium being built at 3200 S. Ocean will require many inspections, and
how will one person be able to handle them all? We need everyone to care and have respect for
the residents who live here. Comm. Zelniker referred to the landscape ordinance which states that
a landscape plan is required for every new property. She questioned whether or not this is
enforced, and would like to see a tree replaced for every tree taken down.
Comm. Feldman — There is a difference between code enforcement and permits. The Town
Building Inspector is doing his due diligence and inspecting every site, and doing it properly. I
believe that SAFEbuilt's proposal will rectify the code enforcement issues we have in Town. If a
resident sees a code violation, they need to call the Code Enforcement Department.
Comm. Stern — I am in constant contact with the Building Department because I see things in
town that bothers me, and want to make sure they have a permit. The Building Departments in
Boca Raton and Delray Beach do not function very well, and have major problems. We do not
have major problems. We have problems that we can solve, and I am grateful for the letter from
SAFEbuilt. Financially it would not make sense for us to get our own in-house inspector. It
would cost us more to do so because of benefits, cars, etc. I have heard from contractors and
several residents that our Building Department is the greatest. Our Code Enforcement
Department could be improved, and hopefully will be improved. I am in favor of keeping our
outsourcing.
Mayor Featherman — It is the code enforcement that we do have problems with. We need to take
immediate action one way or another.
Vice Mavor Weitz — There was scaffolding put up in my neighborhood three weeks before they
had a permit, which was wrong and no one knew about it. They should have been required to
take it down and be fined. The codes are not being enforced in this town. We have a Code
Enforcement Board, and I don't see any cases referred to them.
Town Commission Regular Meeting Minutes
Tuesdav, April 5,2016 Page 6 of 8
Comm. Feldman explained why and how- a case is presented before the Code Enforcement Board.
If a code is not in compliance and they are in violation, they are brought up on charges and then
they go to that board. Comm. Feldman asked Building Official Desorcy to describe the difference
between permitting and code enforcement.
Building Official Desorev — Code enforcement and permitting are two separate entities. Code
enforcement is the Town of Ordinances that residents, as well as contractors working in the town,
must abide by. Both the Building Department and the Police Department enforce all the codes.
Permitting is the review of plans, applications and specifications from the contractors and
homeowners, if they want to improve their properties. Code enforcement follows that process to
see that the building codes are adhered to. B.O. Desorcy explained the various steps taken if a
code is not in compliance, and the violator is given a notice of hearing and commanded to appear
before the Code Enforcement Board. Hopefully they come into compliance before reaching that
procedure. B. O. Desorcy — In answer to Vice Mayor's complaint regarding the scaffolding, it is
not pari of the process. It is mobilization which does not require a permit. Vice Mayor Weitz —
There is something wrong if someone could set up scaffolding weeks before obtaining a permit.
This is a technicality, and we need to address it.
Comm. Zelniker — The Environmental Protection Agency (EPA) was called in because of the
dunes being demolished, and there were pieces of debris in the sand. Why did the EPA have to
get involved? Why was a fence not put in around the entire property; especially since this is turtle
nesting season? There is so much construction going on in this town, and I don't believe one man
can handle it all. There are so many issues, environmental issues with the dunes, removal of the
vegetation on the dunes and issues on side streets. I don't believe three half days a week is
enough. We may need a full time person from SAFEbuilt during this heavy construction period.
B.O. Desorev—The EPA has jurisdiction on the dune, and all the work that is done on the dune is
sanctioned and approved by the department before the work even starts. They formulate a plan,
discuss it with the coastal engineers, and the contractors implement that plan as long as everyone
agrees to it. As I mentioned before, we responded quickly to the complaints that were called in
about this particular situation, and it took the State sometime to respond. I do not get involved in
State business. I let them deal with the contractors and developers with what happens on the
dune. They also control the vegetation on the dune, and tell the developers just what species can
be removed and what they need to replace them with. They have everything under control. The
developer was told to put up two fences. One was at the base of the dune to keep the turtles from
trying to climb up. The State issues permits and make site visits. The contractors and developers
are obligated to do what the state guidelines require, not what the town requires.
No action was taken.
9. REPORTS —TOWN COMMISSION:
A) Commissioner Zelniker — This Commission has a top priority of safety and wellbeing for the
residents of Highland Beach.
B) Commissioner Feldman — The Building and Code Enforcement Departments could be a bit
overwhelmed. It is being addressed, and I see a solution with the proposal from SAFEbuilt. We
Town Commission Regular Meeting Minutes
Tuesdav, April 5, 2016 Page 7 of 8
are still in negotiations for the fire department and rescue squad. We are working with Delray
Beach, Boynton Beach, Palm Beach County and the barrier islands. There is nothing concrete at
this point, and will report back when there is.
C) Commissioner Stern — John Boden gave a presentation on the flashing signs for the pedestrian
walkways. I actually saw one in operation in Miami, and you cannot miss the sign. It also had
lights that went all the way across the street so that when the sign lit up, so did the street. It was
very effective. I would ask the Town Manager to try to find a company that could come and give
us a presentation on these signs to see if they would be good for our town. Town Manager Brown
and I attended a meeting with Senator Maria Sachs where there was a discussion regarding the
two boys that were lost at sea and some suggestions were made. Because of that tragedy, a bill
has been signed into law. If you put signals in your boat that could be a beacon to be followed,
you will pay less for your license.
i
D) Vice Mayor Weitz—Thank you to the Library Director for giving such a wonderful presentation,
and to the Library staff for doing an excellent job. A thank you also to George Kelvin for his
efforts in creating a terrific design for a flag for our veterans. It is a great tribute to the veterans in
this community. Congratulations to Barbara Penn who has just been appointed as a new member
to the Board of Adjustments & Appeals. I also appreciate the willingness and efforts of
SAFEbuilt to work with this town. Vice Mayor Weitz requested the "Review of the Policies and
Procedures Manual"be placed on the next agenda.
E) Mayor Bernard Featherman—We still need to address the code enforcement issues. Thank you
I to all of our Commissioners for their presentations and the concerns they have for the residents in
our community.
i
10. REPORTS —TOWN ATTORNEY GLEN TORCIVIA:
I
No report.
11. REPORTS—TOWN MANAGER BEVERLY BROWN:
I would like to thank George Kelvin for his flag. There is a poster on the wall in the lobby, and we are
ordering a flag to be kept in the Chambers. We are looking for funding for our crosswalks but have
not found anything yet. Thank you to the Librarian and her staff for the fine work they did on the
carpeting. The Police Department makes sure that no one starts construction before 8:00 AM, and
they have stopped construction jobs from working. The Building Inspector will not do any inspections
on anv site that is dirty and not cleaned up. He walks off the job, and they have to pay a fee for him to
come back a second time. Two of our residents, Leland and Janine Morris have donated a center at
The Place of Hope in Boca Raton and I would like to congratulate them.
Town Commission Regular Meeting Minutes
Tuesdav, April 5,2016 Page 8 of 8
12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT
MEETING ONLY:
Carl Gehman, 1123 Highland Beach Drive — I do see some code enforcement issues as I ride around
town. This Commission is doing a fine job addressing the issues in this town.
Peggy Gossett Seidman, Intracoastal Drive — I would like to thank the Library for the services they
provide for the children of our Town. Ms. Seidman gave a breakdown of what has happened on
Intracoastal Drive during the past few weeks such as flat tires, construction trucks being present after
hours unloading materials and sand in the streets.
Ed Neidich, 4740 S. Ocean Blvd. — Congratulations to Commissioner Feldman. Mr. Neidich gave a
brief description of his duties as Commissioner of Public Safety in Long Island and a system that was
adopted in the Code Enforcement Division (311 System). Code enforcement needs to go out
proactively, not just reactively to a resident's concern to find things out themselves.
Town Manager Brown — We are working on a new website. Under this new website there will be a
reporting issue site so a resident, at any time, can go on to the site and report their complaint. The
Town Clerk's Office will assign it to a department and it will be assigned a number. They will get a
report back saying what actually happened. This is being addressed in the future.
13. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman called for a
motion to adjourn the Regular Meeting at 3:05 PM.
MOTION: Commissioner Stern moved to adjourn the meeting at 3:05 PM. Motion was seconded by
Commissioner Feldman, which passed unanimously.
APPROVED:
, ? J
Al I
Bernard Featherman, Mayor Carf Feldman, Commissioner
William Weitz, Vice Mayor od Zelniker, mmissioner
ATTEST:
ouis . Ter/h, Commissioner
E/3 J J(,qc
Valerie Oakes, CMC, Town Clerk Date
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