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2016.05.31_TC_Minutes_Workshop
TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, May 31, 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; Public Works Director Ed Soper; Water Plant Superintendent Dave Ailstock; Building Official Michael Desorcy and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given,followed by a minute of silence. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman called for any additions or deletions to the agenda. Mayor Featherman as item 4D added a statement under monthly board meetings. Hearing no further additions or deletions,the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REQUESTS: John Boden, 3407 S. Ocean Blvd. — I have had contact with the Pedestrian Champion for the State of Florida who is the Commissioner for District One. He has appointed, as his primary assistant, the Director of District Four, which is where we are part of. Town Manager Brown has been in contact with this person, and the Police Department is preparing a report regarding any traffic incidents that have incurred related to pedestrian crossings. Mr. Boden read his statement into the record attached as "Exhibit A". Ann Roy, Bel Lido Isle—I would like to publically thank Town Manager Brown for getting a Comcast situation taken care of by removing the wires they placed on the third pole on my property, which prevented Florida Power and Light from removing that pole. Town Manager Brown—I have to give credit also to Public Works Director Ed Soper. Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Page 2 of 17 3. PRESENTATIONS: A) Water Quality Report by Ed Soper,Public Works Director and Dave Ailstock,Water Plant Superintendent Public Works Director Ed Soper provided the Water Quality Report for 2015 attached as "Exhibit `B". This report provides contact numbers of the water plant; source of water; definitions; test results; detected contaminants and health effects. A copy of this report was included in the spring addition of the Highlander. The Water Quality Report is also known as the Consumer Confidence Report and is a requirement by the Environmental Protection Agency. This is a document that all public water systems must provide to their customers. The water is tested at the water plant and also at 20 different sample sites around town. The Health Department tells us how many samples are needed and how often we need to take them. Water Plant Superintendent Dave Ailstock — The hardness of the water runs around 24 milligrams on an average per month and our alkaline runs around 26, which is very soft. We are working to bring that up to 4045, which will help corrosion and lead copper. Commission Questions: Commissioner Feldman — What do we do about the taste? If you are able to make the water harder, will that change the taste? PWD Soffer—In order to improve the taste, we would have to add sodium hydroxide to our water to adjust the PH. That sometimes has a metallic taste, which people do not like. The project we have on schedule will help with the taste. Comm. Feldman— What causes the white residue on the faucets? PWD Soper—My thought is that it is most likely soap scum and wiping it down once a week with ammonia or lemon juice might help. B) Update on the WHP Project by Ed Soper,Public Works Director Town Manager Brown — This project is moving along nicely. The engineers and contractors have kept us up-to-date. PWD Soper presented the Updated Status of the Water Infrastructure Improvement Program (WHP) attached as "Exhibit C". Both of these projects were part of the Town's Strategic Plan to replace the side street water mains and also to improve the quality of the water by improving the hardness, which is what we call the calcite system. We want to replace that with a liquid lime slurry system, also known as Cal-flow. This was passed by the voters in March by referendum. We have completed the preliminary design for the Lime Slurry/Carbon Dioxide Remineralization System. We are in the process of the 75% design to give our comments to Globaltech engineers and have gotten our permit from the County. We are going to bid through August and anticipate construction to begin sometime in November of this year, and it should last approximately seven months. We expect to be bringing this back to the Commission in June and have a public hearing in July. The base cost of this project is estimated at$1.12 million. Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Pase 3 of 17 Commission Discussion: Mayor Featherman — This was to be a cost of approximately $900,000. It is now up to $1.4 million. Can this be cut back? PWD Soper — The number we discussed was $950,000. I predicated that on the fact that we needed to get further along and refine the costs as we went along and the engineering work was completed. The original project was budgeted for$250,000. This is a full boat price and also has a ten percent (10%) contingency on top of that. I think we are closer to the $1.2 million that we went out to referendum with versus the $950,000 that I originally thought it was going to be. The total referendum is five million dollars for both projects, and it looks like the water main project is going to come in lower. There were undefined conditions that occurred that have been added to the cost of this project. Now is the time to do them, if you are going to do them at all, because you are getting FRS monies and a low interest loan from the State Revolving Fund. Town Manager Brown — Some of these costs will have to come out of the$3.5 million we received from the sale of the Boca Raton property. Vice Mayor Weitz — The initial estimates were blind estimates. Whenever there is a project, there are always additional things that have to be done that were not planned on. This project has to do with safety, a long range project for the Town and major capital improvements. We need to do whatever is necessary to this project is done right the first time. So far I am comfortable with what has been said. Comm. Feldman—In the past, have you or Dave Ailstock had any experience installing this type of system. PWD Soper— I have upgraded many water plants in the past. This is the first Cal- flow system that I have done, but it is common throughout the State of Florida. The consultant has done it before. WPS Ailstock— I have never been involved with the Cal-flow system but I have been through six plant upgrades and a complete water plant startup. Comm. Feldman — Who will be in charge of this project? PWD Soper—I will have the overall responsibility for the project, but WPS Ailstock will be in charge of the day to day operations. Comm. Feldman — What are your plans if the Water Plant has to be shut down? PWD Soper — I have made arrangements with Boca Raton and Delray Beach to receive their water. We will most likely go to Boca Raton first because they will give us a better rate. PWD Soper completed his presentation on the Lime Slurry/Carbon Dioxide Remineralization System. The next part of his presentation dealt with the Side Street Water Main Distribution System. Comm. Zelniker—We had discussed the hook ups to the homes. Has this been resolved? PWD Soper— The project is only for the publically owned infrastructures for the Town. It is for the water mains and the services going up to the meter. We are not going on private property or changing out any private services. We have had discussions with the design engineer and they would most likely leave it to the homeowner if they would like to make arrangements with the contractor. Comm. Zelniker— Could we set something up with the homeowners so they could get a better price? PWD Soper did not recommend the Town get involved with the private sector. Vice Mayor Weitz—That was not included in the referendum. It was very clear that this project never went beyond the meters into private property, and that it was the homeowner's responsibility. This Commission has no business getting involved with any kind of negotiations because it involves all types of financial and legal implications that this Commission would not approve. Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Page 4 of 17 PWD Soper—If we start this project in November, we expect it to be completed by June of 2017. The total WIIO cost projection is $4.7 million. This also includes contingencies and undefined conditions. This is not a hard number yet but will be once it is out for bid. Town Manager Brown—Prior to the start of construction, we will have a public hearing to notify the residents so they will know what to expect and how things will be done. The Commissioners complimented PWD Soper on his knowledge, work and presentation of this project. They also complimented PWD Ailstock on his work. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • No report C) Board Vacancies: • Beaches &Shores Advisory Board—(1)Unexpired Term(ending November 2018) • Planning Board—(2) 3-year terms (ending May 2019) Talent Bank Interviews o Al Giachetti, 1118 Bel Air Drive — Mr. Giachetti has been a full time resident of Highland Beach for 10 years, has built 11 homes in Town and would like to serve the community. He stated that his background would be beneficial to becoming a member of the Planning Board. o Evelyn Weiss, 3400 S. Ocean Drive — Ms. Weiss has been very active in Highland Beach. She served on the Beaches & Shores Advisory Board for six years and the Board of Adjustment and Appeals for six years and would like to continue serving the community. o Louis Reidenberg, 3700 S. Ocean Blvd. — Mr. Reidenberg served as Chairman of the Code Enforcement Board for two years. He gave a brief description of his background and the number of issues he was instrumental in bringing before the Commission. He would like to again serve the community by becoming a member of the Planning Board. o Nievecita Maraj, 1020 Bel Air Drive—Ms. Maraj started her career in general contracting and gave a brief description of her background as well as currently being involved in real estate. She would like to serve and contribute to the community. o Warren Lewis, 4748 S. Ocean Blvd. — Mr. Lewis comes from a sales environment and has been a resident for the past six years. He is currently serving on the Board of Boca Highlands and would like to continue serving the community. Consensus was to place the above five candidates on the June 7h agenda under Miscellaneous— Items Left Over for a vote by ballot. Town Commission Workshop Meeting Minutes Tuesday.May 31,2016 Page 5 of 17 D) Monthly Board Meetings: • Town Commission Regular Meeting—June 7`t'— 1:30 PM • Town Commission Workshop Meeting—June 17`h—9:30 AM • Town Commission Workshop Meeting—June 28`h— 1:30 PM Mayor Featherman requested that the June 17th Workshop Meeting be changed to a different date since he will be out of town and cannot attend. Discussion ensued amongst the Commissioners regarding this issue. At the time the date was agreed upon, the Mayor was not aware that he would not be available. Another date could not be agreed upon, and it was suggested that the Mayor participate in the meeting by Skype,which he will do. Mayor Featherman—There is a meeting the following month, and that is very difficult for me to be at. I explained that to the Town Manager. Town Manager Brown — We have to set the maximum millage rate for the budget. We do that every single July. It is required by State Statute. The County tells us the dates we have to do it, and that is when it was scheduled. Back in the beginning of May, we gave you a schedule of the meetings. I can't help it if you don't put it on your calendar. Mayor Featherman—I put it on my calendar. I think you just didn't want to change it. Town Manager Brown — The County tells us that we have to do it within a certain time limit. Mayor Featherman—I am not going to discuss this any further. Comm. Zelniker — I don't think this is appropriate to have this discussion at this time. Town Attorney Torcivia— You are trying to schedule a meeting, and you have come to an agreement that the Mayor can Skype. As long as the majority of the Commissioners are here physically, another member can appear electronically. Town Manager Brown — We don't have a Skype account. We can do it on speaker phone if need be. Town Attorney Torcivia—We can look into this to see what we can do visually. Mayor Featherman — If I can't make the July date, can I submit a sealed envelope with what I feel the millage rate should be? Town Attorney Torcivia—You can send in a letter and it can be read publically. You can also do it by phone on that day. 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 16-008 O—1sT Reading Scheduled for June 7,2016 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER 22, "SEWERS" AND CHAPTER 29, "WATER SYSTEM", ARTICLE I, "IN GENERAL" AND REPEALING ORDINANCE 08-003 TO MAKE CERTAIN ADMINISTRATIVE CLARIFICATIONS AND TO PROVIDE THAT ALL FEES CHARGED SHALL BE AS SET FORTH IN A RESOLUTION ADOPTED BY THE TOWN COMMISSION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read Ordinance No. 16-008 0 into the record. Town Commission Workshop Meeting Minutes Tuesday.May 31,2016 Page 6 of 17 Finance Director Curtis—Toward the end of Fiscal Year 2015, the Town engaged the services of a Consulting Firm, Public Resources Management Group for a rate study on the Town's utility systems. The Commission was in agreement with the following consultant's recommendations: 1. Adopt inflationary rate adjustments beginning October 1, 2016. 2. Remove the rates and charges from the code of ordinances and implement the rates and charges annually via rate resolution. 3. Create a capital/repair-related account(Repair and Replacement Fund). Ordinance No. 16-008 is the first step to implementing these recommendations. This Ordinance removes the rates and charges from the code of ordinances; thereby, providing the legal avenue for implementing a rate resolution that includes annual inflationary rate adjustments (draft resolution is attached as "Exhibit D"). The recommended utility rates and fees associated with Ordinance No. 16-008 O are provided in Sections VI-XIII of the draft rate resolution attached as "Exhibit"E". In addition to establishing a new rate structure and as requested by the Town Commission, the proposed rate resolution also provides a policy for addressing the financial burden of consumer water leaks. Thus, Section VIII (h) provides that water consumers may request a one-time courtesy adjustment and financial relief in the event of a documented water leak. In summary, the Town would estimate the leak portion of a consumer's water usage and bill for it at the lowest tier rate. This water leak policy may reduce a consumer's bill by up to 50%. Commission Discussion: Comm. Stern — Could you explain the Existing 2016 rates for multi-family verses single-family and the proposed increase for 2017 rates. Fin. Dir. Curtis —Under the example fee structure, if we were to implement the draft resolution as it is, a 2.4% increase in the rates would go into effect October 1 sc Comm. Feldman— In the draft fee resolution under Exhibit "A" - Library Cards, has the fee for renters over 6 months changed to no charge, or has it always been that way. Fin. Dir. Curtis —I received these rates from the Library Director. I asked for existing rates and not proposed rates but I will confirm this. Comm. Feldman — Are the Building Department fees staying the same. Fin.Dir. Curtis—Yes, these are all the existing fees as of 2012. Comm. Zelniker — Are the condominiums being included in the one-time courtesy adjustment. Fin. Dir. Curtis — They will be eligible, but I would not recommend we apply this language retroactively. Consensus was to place this item on the June 7t'agenda for Is'reading. Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Page 7 of 17 6. NEW BUSINESS: A) Town Commission to Approve the Revised Infrastructure Local Agreement dated May 10, 2016 and Authorize Mayor Featherman to Sign Town Manager Brown— Back in April, the Town Commission authorized the Mayor to sign the "One-Cent Surtax Infrastructure Interlocal Agreement" as introduced by Palm Beach County. Since that time the County Commission has revised that agreement eliminating the Economic Development Commission and the Cultural Commission from the proceeds. Therefore, we have to agree to sign this Interlocal agreement again. We are not endorsing the "One-Cent Interlocal Agreement". All we are doing is signing it so it can be on the ballot in August. Discussion ensued regarding whether or not this agreement should be signed. Since there is a chance the Town could receive some monies from this increase, and it is up to the voters to approve it, the Commission agreed to have the Mayor sign it. Consensus was to place this item on the Consent Agenda on June 7'''. B) Discussion on Construction/Demolition Fencing by Commissioner Zelniker Comm. Zelniker — A fence is to be placed around the entire construction site once a permit is issued. When there is a demolition, I would like to see that a six-foot fence be placed around the entire construction site for the safety and wellbeing of the community. Vice Mayor Weitz — We have discussed this issue at almost every meeting, and I don't feel we need to continue to do so. During the demolition process, the construction people need to get their equipment on and off the site. If there are fixed fences,this would be impossible to do. Comm. Feldman — As a resident and not a Commissioner, I drove by 3621 S. Ocean Blvd. and noticed a person standing on top of a mound of dirt that had to be at least 20 feet high. I called Town Manager Brown, and she was unable to get in touch with the Building Inspector but did get in touch with the Utility and Maintenance Superintendent, Bill Moore. He put up a fence to protect the residents from going into the mound and also a"No trespassing" sign. How did it get that far? Is our Building Department properly investigating or watching this? If it is a weekend, the Police Department should look into these issues. This project should have been stopped. Town Manager Brown informed me that she is billing the contractor for Mr. Moore's time, the fence and the "No trespassing" sign. This is something that should not have been done on a Sunday. I don't feel we are enforcing the building code. When a permit is issued, the builder should be given a list of what is expected of him during the construction. Comm. Stern—I also saw the mound of dirt and the opening in the fence. I thank Bill Moore for coming in. How do we define a fence for demolition, and how do we define a fence for construction? I agree with Vice Mayor Weitz that we have discussed this too many times. As long as the property is marked with a "No trespassing" sign, I think we have to abide by that as our code. Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Page 8 of 17 Josh Mcalees, President of Capital Construction and owner of 3621 S. Ocean Blvd. —On Friday of this last week, the Earth Works trucks were here to remove the excess fill. We instructed them to put the fencing back up at the end of the day on Friday. They neglected to do so. The Earth Work portion of the project will be finished at the latest tomorrow and there will be no more trucks coming in and out. Mr. Mcalees explained the steps that will be taken over the next few weeks to enclose the construction site with silt fencing and sheet piling. When that phase is complete, a six-foot fence will be erected around the entire site with rolling gates that can be locked at the end of the day. Comm. Zelniker—I would like to see an ordinance prepared that would mandate a six foot fence be placed around the construction site once a permit is issued including demolition. I would ask that this be placed on the next agenda. Discussion ensued as to whether or not this should be on the next agenda since Vice Mayor Weitz was against doing this. Building Official Desorcy — We have discussed this many times, and the new ordinance which was effective March 1St states that there is to be fencing placed around the entire construction site, including demolition when a permit is issued. All gates must be securely locked with a chain. Comm. Feldman — What happens in the case where something like this happens on a weekend? B.O. Desorcy — The Police Department has the authority to enforce all the codes. Town Manager Brown—Since it was an actual physical labor, I needed a maintenance person to come in to complete the job. B.O. Desorcy — If it is an unsafe and hazardous condition, I have the authority to shut down the job until they remedy the situation. No action was taken. C) Authorize the Beaches & Shores Advisory Board to Schedule a Turtle Talk &Walk Day on Saturday,August 6,2016 Town Manager Brown — The Beaches & Shores Advisory Board would like authorization to participate with the Sea Turtle Volunteer Program on August 6th for a Turtle Talk&Walk Day. Consensus was to place this item on the June 7th Consent Agenda. D) Authorize the Mayor to Execute Agreements for Employee Health Insurance FY 2016-2017 Town Manager Brown — The Finance Director and I have been working with the insurance agencies for renewal of our July 2016 health insurance. Finance Director Curtis — Our renewal for the employee's health insurance is July 1St. We received the renewal rates for the existing plan and they are a 10-1/2% increase, which equates to about $81,000 the next year. Compared to what the health insurance plans in Florida are requesting for increases in premiums anywhere from 10 to 15%, this is on the low end of the increase. However, given the discussions we had last year, the Town Manager and I realized our insurance costs are getting too high. We looked at alternate ways of reducing our costs and we Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Page 9 of 17 presented the Commission with two options. I believe both of those options give the Commissioners a fair opportunity to address the rising costs of insurance as well as keeping the employees insured in good plans at a fair cost to the employees. Option 1 Plan: This gives the employees basically the same insurance they currently have. We had to change the plan slightly where we have a little bit higher deductible, a little higher co-pay and we have been able to offset those employee costs by adding gap insurance. Gap insurance is a bridge in between the high plan that we currently have and this reduction in plan. It will help reduce any out-of-pocket costs to the employee at a much lower cost. The Option 1 plan will save the Town over$77,000 from the renewal price. Option 2 Plan—This is a rather significant change to the way the Town provides insurance to the employees. Under Option 2 the Town would provide a base HMO plan. The Town currently enjoys the benefits of a strong PPO plan. Option 2 provides a strong HMO plan. HMOs are traditionally less costly to the employer but they provide a much smaller network. There is typically no out of network coverage under HMOs. Under Option 2, the Town would also enter in agreements to provide two additional PPO plans that the employees could purchase into at their expense. If they choose to pay the difference between the mid-tier PPO and the base plan, it would come by way of bi-weekly deduction. Option 2 would save the Town approximately $164,000 from the renewal. The Town Manager and I have looked at quotes from four different insurance providers: Humana, Aetna, Neighborhood Health and Blue Cross/Blue Shield still continues to provide the strongest benefits for the most competitive dollar. We are recommending that we stay with Blue Cross/Blue Shield under both of these options. Commission Discussion: Vice Mayor Weitz — I appreciate your report. I appreciate the work that you and the Town Manager have done. I, as a member of this Commission, am really not satisfied. I will be clear that I understand that you are in a predicament. On one hand you represent a physical manager of the Town trying to get a reasonable cost effective plan for the residents, the taxpayer. Obviously we all know health care costs are going up, and you are responsible for that. However, you are also an employee, and you are an employee under a family plan. Without only pointing at you meaning that you are a beneficiary of whatever health insurance plan we select, you are in a dilemma, and I honestly understand that. Nevertheless, I don't have that dilemma in the sense that I am an elected official of this Town and the taxpayers representing the Town. I am not anti-employee. The remarks that I am going to make today are not anti-employee but they are trying to balance reasonable employee's health care cost and programs against reasonable costs for the Town. Any employer has the right to try and minimize health care cost increases while at the same time offering their employees reasonable plans. With that in mind, I would like to ask a couple of questions. I know we use a health care broker for recommendations. Very specifically, does that broker get his fee from a flat service contract or does he make it similar to stockbrokers on a percentage of whatever the cost package is? How does he get paid? Fin. Dir. Curtis — His fee is based off of per enrollment. It is not based on a total dollar package but based on enrollments. Vice Mayor Weitz — So if we took United or Aetna it would make no difference on the money he was being paid for his services. Fin. Dir. Curtis — Correct. Vice Mayor Weitz — Secondly, one thing I did learn last year when I went to Town Commission Workshop Meeting Minutes Tuesday,Mav 31.2016 Page 10 of 17 the Florida League of Cities meeting, universally when I talked informally to various Mayors and Vice Mayors, almost all of the people that were at that meeting told me they were using Cigna or United. Few told me they were using Blue. The reason they weren't using Blue was because they were the most expensive, and that they didn't even offer the best programs. I am not quibbling with your broker, but I know that in my informal presentations and discussions, Blue was not the primary choice. I would be interested in knowing what is the total dollar amount for the share of the Town's cost for health care for employees for last year? Not individual or for family but the total figure for this Town and how much we spent on health care costs. Fin. Du. Curtis — Round dollars $720,000. Vice Mayor Weitz — Over $700,000 was the total amount of the Town's share. What did the employees pay for health care last year? Fin. Dir. Curtis —The employees paid about 15%. Employees with no dependents do not contribute at all; employees with spouses contribute a percent; employees with children contribute another percent. Vice Mayor Weitz — You are aware that most employers in this country today expect their employees to pay somewhere between 25 to 35% of their health care costs. Fin. Dir. Curtis — I think there is varying opinions out there as to what you do to offer satisfactory employment packages to retain employees. Vice Mayor Weitz—That is not an opinion. That is a fact. You talked about saving this Town money, but what you said was based upon the anticipated presumed rate increase of 10.5%. In other words, that is presumed that this Commission had agreed to the 10.5% increase. What you are saying is that we would be paying less than the anticipated increase, which had not been approved yet. We actually didn't reduce cost for the Town for health care; did we? Fin. Dir. Curtis—Option 2 still reduces cost about$80,000. Vice Mayor Weitz — Below the current rate? Fin. Dir. Curtis — Yes. Vice Mayor Weitz — What percentage, in terms of the presumed increase, are you anticipating that the employees would pay. The Town would pay what share and what would the employees pay. Fin. Dir. Curtis —It would remain the same. Vice Mayor Weitz — So they would not pay a dime more for the increase. I think you know where I am going with this. The bottom line is that I remember Comm. Zelniker saying at this time last year that this is serious stuff. I am not trying to take away health care from employees but this is unmanageable. Some of you may remember Hollywood a few weeks ago talked about a 20 million dollar shortfall in their budget and guess what the shortfall was; personnel cost, health care insurance cost and pension cost. Two years ago Boca Raton had to renegotiate with their police and fire unions because they couldn't continue to contribute to the pension costs that were killing their community. This Town is luckily in a solvent place financially,but we are in a trajectory of danger in my estimation. Costs go up, the taxpayer pays it. Our employees are paying minimal for their health care cost. I was in the Federal government 30 years, and I never had such a small amount percentage payment, and we all had to face the reality of increase costs. We had an example here last year of an employee being paid a salary of $29,000, and his health care costs for that year were $30,000. Does that make any sense at all? We are doubling a salary because of health care costs because we can't figure out a reasonable percentage that this Town should reasonably pay across the board. The issue is not about the total amount of dollars. I am not arguing over the total amount. I am not arguing over one category of employee or another. I am saying that this Town has a policy decision to make. What percentage of the health care costs for our staff should the Town be paying, and what percentage should the employee absorb for themselves. I am willing to hear, at the proper times, discussions around that. That is really the issue. Do you think 15% is reasonable when the increase in one year was 10.5% but they are only paying 15% of their health care cost? Almost$800,000 and we are arguing over a$1,000 trip here and a $10,000 sign here, and we can't figure out a reasonable health care policy for this Town. The people may be listening and saying "there he is again". No, I am not anti-employee. I pay those dollars, so do Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Page 11 of 17 you, so do you (pointing to the residents in the audience and the other Commissioners). The bottom line is we are taking the high cost program, absorbing a lot of the cost ourselves, and it keeps spiraling up. I never hear from the Finance Director that maybe we should increase the shares for the employees. Maybe the employee needs to absorb some of the increase. Fin. Dir. Curtis — Sir, respectfully the employee under Option 2 will absorb some of those costs under reduction in benefits. My goal is not to come in here and start taking more money out of employee's pockets. I think they have given quite a bit over the last five and six years by way of reductions in merits, by way of reduction in education incentives... Vice Mayor Weitz—Let me interrupt you. I am sorry but that is not your position. It is the elected officials that make the policy and planning decisions around this town. You are a Finance Director. Whether you think eliminating a certain salary provision or increasing it; no, I don't think the employees did anything in terms of giving up anything. We got back to some reality. We took away that ridiculous education stipend for giving people extra money for degrees they needed to work, but we put in longevity pay. We didn't increase them five or six percent in terms of their yearly increase, but gave them a three percent increase in salary. You know what Social Security got last year, nothing. Retirees and veterans got nothing but we gave three percent. So really, and I am being cautious here, it is not your place to tell this Commission that the employees of this Town gave up a lot. I am sorry but that is the way I strongly feel. The bottom line is that this Commission makes the decision on personnel policies and procedures and on benefits. If we thought that we were being unfair, we have five bright people, they would make that decision. I don't think that coming to a reasonable health care plan policy is out of line. I don't think it takes anything from the employee. It puts us in line with reality. Those are my remarks, and I don't know how the others feel about it. These plans were out since December. The Federal Government's enrollment period for employee health care is December and January. This is June I". We had plenty of time to get these out and let us have these discussions, come to some agreement in a meaningful timeframe. We got it June l', and I understand now there is a timeframe barrier. I am not supporting either of these plans. Comm. Zelniker—I don't know where to start because last year was my first year and the health care issue came up. Just to give everyone a little background, it was at a meeting and there was no choice. We had to sign it otherwise the employees wouldn't have health care. I really feel, like everybody, we want all employees to have health care. I am all for it. People have families, people have children, and we have to provide good health care. I am a very simple person and I like things said and reports in very simple terms. Three columns where you would have the premium paid for last year, the percentage of what the employees paid, and you told us that is 15%. Then I would like to see on a piece of paper, the same columns, your three proposals with how much each one would cost and the percentage. I also agree with Vice Mayor Weitz that 15% in this modern day and age unfortunately, and I say that because I would make sure if I were President of the United States that everyone would have health care because I believe that every United States citizen should have health care; but we live in a democracy, and I feel that the percentage we have is too low. What I am suggesting would be perhaps go to 25% to the employee, and that they should be able to pick any of the three plans that you have. That was another discussion we had that the employees would have the option of whatever plan they would like to have. I would suggest, that if that is too steep the first year, then we do an increase of 5% which would mean 20%, the following year 25% and the following year 30%. We don't want to hurt anybody who works here. We want everyone healthy and happy but we have to be realistic to what is going on in the world today. If anybody would want the better plan, PPO plan, I am not opposed to it; but if somebody wants that, they would have to contribute more to Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Page 12 of 17 it. $720,000 is a lot of money that we paid. You can't help it because we want to take care of our people. Comm. Feldman — I think this should be tabled today because obviously two of the Commissioners have not met with Fin. Dir. Curtis. They don't know what the other plans are. I met with him and so did Comm. Stern and Mayor Featherman. Unless they know all the facts, just throwing out figures and thoughts does not make sense. I met with Cale and we went over all the plans, and my only suggestion was an HMO for Blue. We have to think of employee retention, and employee retention is a very serious matter and has been brought up many times. You can't take continuously from employees or anybody else when they work for you. You have to work together. Under the HMO plan the employee wouldn't pay anything, even the family plan. Right now the family plan under the PPO you are gambling $3,700. Under the HMO, the Blue that I looked into has some very good doctors. In Florida we have very good doctors. The employees should look into the plan of who the doctors are under the HMO. The main thing is the other Commissioners should look at all the plans. We had the opportunity of meeting with the Finance Director. No disregard for what you are saying, you have to know what they have and what they have to offer. If you don't know, you just can't throw out theories. Comm. Stern — I had hoped we would have been better prepared today. I hear people today applying to get on boards. Someone said one thing "living here in Highland Beach is a wonderful thing". It is wonderful because we have good employees. We just recently, about a year ago, reduced our taxes 17%. So we are being cost conscious, and we are going to do a line item again on our budget. I can't see taking good health care away from our employees, and whether they participate 15% or 20%, I have to commend Cale rather than chastise him. We met on a few occasions and he did get bids from different companies, maybe not the companies you mentioned, they were all higher. Blue Cross/Blue Shield came in with the best program for us. In doing so, I questioned and why would they give up a PPO because I never really liked an HMO. His response to me was that he checked the HMO of Blue Cross and the doctors and the services in this area happen to be very good. He convinced me that an HMO might be acceptable. In doing so, you gave us three plans, and in each of these plans it does not cost the Town one penny more if the employee accepts the plan with no gap insurance that is on them. If they take gap insurance, then they will go from 15%, 20% or 25%. If they go to the high tier, they definitely will be paying 30% because they will be contributing anywhere from, depending on whether you are single or a family, each month another$20 or$60. You have given them the option to pay more to get more. However, at the same time, we are not prepared because some of our people didn't spend an hour with Cale and go over it. This annoys me that we are not prepared. We have had this for more than a month, and I am annoyed that my fellow Commissioners are not ready to do this today. Let's get ready for our next meeting. Vice Mayor Weitz—Being prepared is a way of defining what prepared is. If I tell you that I am giving you a choice of three cars, Maserati, and all these exotic cars and you can pick the lowest cost, that is fine but no one ever mentioned that there is Buick, Ford, Kia and some of the lower end cars. I know what health care plans are. I spent 30 years looking at 25 plans a year as an employee going over the benefits and the costs. I know that those plans and paperwork are worksheets. Employees are supposed to look at that, not employers. Employees don't chose„ in most situations, the plan. Employees get options. This is a Chinese health care plan. You have option A, B & C. Plan A offers excellent programing but you have to pay more. Plan B is a little less and Plan C is whatever. The Federal Government gives at least 25 plans that Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Page 13 of 17 employees choose from. The supervisors don't pick the plan for the employees. That is what I asked for last year. Let's give the employees a range of plans, and they make the choice of the plan they want. We are not increasing the cost. What did we get? These plans have been available since December. On June ls`, whether you say we got the plans a while back, we got worksheets. Did I get the cost for the health care for the Town? Did I get the percentage? Did I get the cost for health care for employees? No, but that is okay. I didn't go in to speak with the Finance Director because I read the material, and I know how to read the material. I don't want to waste my time on stuff that is not the relevant issues. The questions I asked today were the relevant issues. I am not saying I am right. I am saying the issue is what percentage of payment this Town feels is reasonable to pay for health care for employees. You evidently feel the 10 to 15% is available, and I respect that. I happen to think it should be more. There is a legitimate difference in policy and employees have the right to choose among plans. Let it be their decision. I don't want to be the big Papa or the Czar. Let them make choices, but let them make adult choices. What I saw, and you say I am not prepared, the reduction for this Town was based upon a projected increase not a reduction from last year. It was based on a reduction from a 10.5% increase. I would like to have those deals every day. Comm. Stern — If I may respond. There is a major decrease if you look at your numbers here. Vice Mayor Weitz—Not in the first one. He said$77,000 savings, which was based on the price for next year. My point is that I am sorry you feel I was ill prepared and raised the questions I did, but the bottom line is that I am not because as far as I am concerned we have not resolved the policy issue. It is not a matter of good or bad employees. I did not say we didn't have good employees. I just said lots of places have good employees, and they decide on what percentage of the health care plans they are going to pay. In this Town,everything is up, up, up and away. Comm. Feldman — There are two sides to the Vice Mayor's comments. What I am hearing is that he just wants the employees to pay more of the basic plan. The first thing you say when you are changing things of that extreme, you give the employees a cut in pay. Do they deserve a cut in pay? I don't think they do. They are doing a good job. I know they are doing a good job. I am here enough to see it. Just arbitrarily to say 15%, 20%, 25% you have to pay, you are not saying that. What you are saying is that you are taking home less money. Once you get into those situations, I really don't think we will have the employee retention that we have today. I don't know what your comments about employee retention are. Vice Mayor Weitz — That is an interesting point, and I agree. Guess what. Sometimes the Federal Government gave a 1% increase in pay to employees and health care costs increased 4%, and their net for the year was 3% lower than they made the year before. That is a reality of life. If the increase of health care costs exceed the cost of the increase in salary, then you wind up netting less. If we have been paying absorbent amounts of health care costs for our employees and the costs continue to go up, the percentage remains the same. We are just increasing our cost year after year after year. When you say decreasing their salaries, the bottom line is we have seen health care costs go up continuously, and no Commission Board has seen fit to raise the issue about drawing the line. I am simply saying the time is now. The fact it wasn't done a year ago, five years ago, ten years ago, it is unfortunate. Our packages in this Town are huge and about retention, I don't want to see anybody leave. I have not said people should leave or go. They have to balance, like any employee in any job, the benefits they receive against the value of their work. If they move on, they move on. That is whether it is the private sector or the public Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Page 14 of 17 sector. That is a choice people make. We simply have to make a choice for the residents as to how much money we want to see go into the health care package. Town Manager Brown — I just want to correct something. Our insurance policy here with the Town of Highland Beach becomes effective July Pt. It is not like the Federal Government. When you do municipalities, it is not the same time period as the government. You are saying we have had this information since December. We have not had the information since December. We have to give the insurance companies an idea of how many employees we have, what type of insurance we are looking for, how many single employees, how many employees with a spouse, how many employees with a child and how many employees with a family. Until about 45 days before the insurance is to be renewed, that is when they notify us what the cost is. i Comm. Stern — Comm. Feldman has said that asking a little bit more for insurance would actually be a cut in our employee's pay, and I am not for that at all. I am also objecting to the fact that on many occasions Vice Mayor Weitz has said there are 30,000 people out there looking for jobs, and that we can open the door, and they would flood gate in our positions. We have two positions available right now, and there is nobody on the steps. I am terribly sorry but I think we have to protect what we have to keep this Town the Town that it is. Comm. Feldman — I have been working very diligently with Town Attorney Torcivia, Fin. Dir. Curtis and Town Manager Brown on the fire contract with three other sources. In every meeting we have had and all the figures they give us, they show us the increases in health care costs they have to pay. It is a way of life. There is no way of getting around it. You have to pay it. We are telling the employees that they have to pay it. It just doesn't flow. Comm. Zelniker — The idea originally was to have three different plans, three different percentages, and the employee would pick the plan that they would want. That is what we have. So let the employees pick. For each plan there should be a percentage for that particular plan. I also read everything, and I do agree with Vice Mayor Weitz that this was more like a worksheet, and I understand that. I would have liked to see it simplified, how many employees we have, and also I would have liked to see the same piece of paper the Town Manager gave to the insurance company. How many employees do we have that we are paying $720,000 for? Comm. Feldman — What Comm. Zelniker is asking for, that was discussed when we had our meeting with Cale. That is why it is so important for the Commissioners to meet with the Town Manager and the Finance Director. You can read what they give you, but you are asking for more than what was presented today, which would have been presented if you met with Cale. Comm. Zelniker — Nobody called and asked for an appointment. I would assume somebody would have said to please come in. Mayor Featherman —I have heard all sides from the Commissioners. I have certain information that I have obtained over the last two weeks, and I want to hold that for the time being. I feel we have great employees here, and contrary to what was said that there are 101 people who would take a job, I want to keep our people. They are good people. However, there are rates considerably lower that I have in my possession. I don't want to go into this any further because I want to reflect on this and what was said today. Every one of the points made sense. Mayor Featherman asked for an extension because he felt he was being pushed into making a decision. Comm. Feldman suggested there be additional meetings to solve the situation. Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Page 15 of 17 Consensus was to have a special workshop meeting on Friday,June Yd at 9:30 AM. E) Authorize the Mayor to Sign the 2"d Amendment to the Interlocal Service Agreement between the City of Delray Beach and the Town of Highland Beach Town Manager Brown — The Town Commission previously agreed to extend our Interlocal Service Agreement for negotiation purposes for sixty days, and our sixty days ends today. We are asking for an additional 90 days because we are still in negotiations with the City of Delray Beach and would like to continue to do so. Town Attorney Torcivia — The negotiations are going quite well. The last amendment you approved gave the two managers the authority to sign this without coming to the Commission. We wanted to be sure there was a consensus before the Manager signed this, and you were all okay with it. Consensus was to place this item on the Consent Agenda for June 7`h. 7. MISCELLANEOUS—ITEMS LEFT OVER: A) Minutes: • April 26, 2016—Workshop Meeting • May 3, 2016—Regular Meeting Consensus was to place this item on the Consent Agenda for June 7th. 8. REPORTS—TOWN COMMISSION: A) Commissioner Rhoda Zelniker—Ann Roy, a resident, handed me a note suggesting that a fence be erected around the construction site even for demolition. Thanks to PWD Soper for his great presentation. I also appreciate the work the Town Manager and Finance Director did on the insurance. We want everyone here to have good insurance. B) Commissioner Carl Feldman — Action is taken on items that are discussed here. I asked the Finance Director why we can't get points on our credit card. He looked into Capital One, and by signing up with them, we got $750. Then we get 2% on everything we spend for the rest of the year. It could come into thousands of dollars. It was brought up in a report from Town Manager Brown about Milani Park and the problems that are occurring on that property. C) Commissioner Louis Stern — Regarding Milani Park, I received pictures from two of the turtle volunteers of a sign that read the park was opened from sunrise to sunset. The beach was open, and I don't believe that is our agreement. Over a period of time, our Town Manager and Police Chief have been talking with the County because there have been people living in homemade tents and using the stakes that mark the turtle nests for their bonfires. What is going on at the j south end of Town at Milani Park is not attractive, and we are working on it. Town Commission Workshop Meeting Minutes Tuesday.May 31,2016 Page 16 of 17 D) Vice Mayor Weitz — I hope all our veterans had a meaningful Memorial Day weekend. There were many flags throughout the Town, and I would like to thank the Town Manager for having those flags. I want to commend Building Official Mike Desorcy on a job well done. A couple of weeks ago I lost both my air conditioners, and the next day the company came to repair it. B.O. Desorcy came to my home and told me there were no permits for the job. He stopped the job until the permits were issued. E) Mayor Bernard Featherman — I stopped at the pedestrian crosswalk, and a bicyclist went by and did not stop. He almost hit the person. I don't feel we should tolerate that. 9. REPORTS—TOWN ATTORNEY GLEN TORCIVIA: No report. 10. REPORTS—TOWN MANAGER BEVERLY BROWN: We received a 2016 tax value for Highland Beach, and it went up to$2,211,194,800, which is a 6.54% increase. Using the 3.5 mils as we did this past year, it will generate an additional $456 in increase income. A received an email from a resident who was concerned about the mosquitos and the Zika virus. PWD Soper contacted the County Mosquito Control for me. If a resident has any concerns over the mosquitos,they will come down to check on it. If it needs to be sprayed,they will do so if it is a legitimate concern. 11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Carl Gehman, 1123 Highland Beach Dr.—I don't feel the Town should raise our millage rates on our water. You are doing a fantastic job for the residents. Ann Roy, Bel Lido Isle—My suggestion is that any permit issued should be conditional upon them putting up a fence before any demolition. George Kelvin,4740 S. Ocean Blvd.—I agree with the Vice Mayor on his stand with the cost of insurance. It is a fact of life that we all have to absorb rising costs. 12. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Workshop Meeting at 4:21 PM. MOTION: Commissioner Feldman moved to adjourn the workshop meeting at 4:21 PM. Motion was seconded by Commissioner Stern, which passed unanimously. Town Commission Workshop Meeting Minutes Tuesday,May 31,2016 Page 17 of 17 APPROVED: Bernard Featherman,Mayor V�ftam WeiVice Mayor Carl Feldman, Commissioner .ZP. SternZ ommissioner 7 y lniker,C 'ssioner ATTEST: Valerie Oakes, CMC,Town Clerk Date I Have Not Quit I have paused my pedestrian crossing project due to surgery and will stay paused for a little longer as am off to Britain and to Normandy for D-Day. I am here to today for just two reasons. 1. Is ask you to all remain in support of increased pedestrian safety, at the crosswalks over US Al A. 2. To emphasis a few of the main reasons that Pedestrian activated LED flashing signs signage is so much more effective and that was demonstrated in the St Petersburg study. a. The signs only light up when a pedestrian activates the button prior to crossing the road. b. The signs remain unlit when not in use so drivers do not become use to seeing them when there is no reason to stop. c. The flashing LED light is considerable more unique than other types of yellow caution lights. d. The effectiveness of the signs will help drivers, especial at night, avoid the horror of hitting a pedestrian. e. The most effective solution is also one of the most cost effectivel. The biggest obstacle seems to be confusion over the signage regulation from one FDT zone to the other and between FDT and cities. Fixing this issue will be my main thrust when I return in July. John Boden 3407 S. Ocean Blvd. # 5B Highland Beach FL 33487 (561) 330-0770 h :+ �( CC $� C -'� vD'G.Y. 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WHEREAS, the Town Commission wishes to clarify certain administrative processes and to set forth the fees charged for the water and sewer system in a resolution adopted by the Town Commission; and WHEREAS, the Town Commission determines that the adoption of this Ordinance is in the best interests of the health, safety and welfare of the citizens and residents of the Town of Highland Beach. NOW, THEREFORE, BE IT ORDAINED by the Town Commission of the Town of Highland Beach, Florida, as follows: Section 1. The foregoing Whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. The Town Commission hereby amends Chapter 22, "Sewers" of the Town Code of Ordinances to read as follows (additional language underlined and deleted language Stkken thFOUgh): Chapter 22 -SEWERS Sec. 22-1. - Compulsory connection. (a) The owner, tenant or occupant of each lot or parcel of land within the town which abuts a public street, right-of-way or easement containing a sewerline and which property can be served by the town sewer system and upon which lot or parcel a building has been completed subsequent to February 2, 1971, shall connect such building with such sanitary sewer and shall cease to use any other method for disposal of sewage, sewage waste or other polluting matter. All such connections shall be made in accordance with rules and regulations which shall be adopted from time to time by the town commission, which rules and regulations provide that before any prospective users of the sewage system are issued a building permit from the town, they shall TOWN OF HIGHLAND BEACH Ordinance No. 16-00 O Page 2 of 7 deposit with the town a residential connecting fee , as established by resolution of the town commission for each dwelling unit. "Dwelling unit" as used herein includes any unit designed and intended for use as living quarters for a single family, whether it is a rental unit or a residential unit in any apartment, cooperative, condominium, motel or hotel. The fees thus collected are not refundable and shall be paid to the sewer connecting fee fund. Such funds shall be used for the purpose of capital improvement, operation, maintenance and/or payments upon indebtedness incurred for such costs. (b) No person shall cause his property to be connected to the sewer system, nor shall he use such system, without first having: (1) Presented plans for the proposed connection to the town; (2) Paid the requisite connection fee, (3) Obtained a permit for the connection; and (4) Had the connection inspected and approved in writing by such person as the town manager may from time to time designate. Sec. 22-2. - Service charges. The rates, fees and charges for the use of and for the services and facilities furnished or to be furnished by the sewer system of the town, to be paid by the owner of each lot or parcel of land which is connected with the sewer system, shall be based on the apportioned costs of operating the sewer installations and facilities, including service charges, maintenance, necessary reserve and replacement funds, treatment and disposal costs, and shall be established as follows: (1) The town commission shall from time to time, by eFdinaRGe resolution duly passed by the town commission, establish the charges for use of the sewer system operated by the town. emended by the tGWR nnmmicci�n (2) In the case of nonresidential users, which include, but are not limited to, recreation rooms, recreation buildings, guard houses, construction trailers, sales trailers and sales buildings, the rate to be charged shall be the same as for residential rooms or units. Any charge for sewer service shall be made for not less than a full month. (3) The Helffiday InR sewer bill is billed eR the bases ef ene hURdFed (100) peFGeRt of water use. The Gharge shall be based on Feadings 9R the twe (2) (43) All such fees and charges shall be billed bimonthly. TOWN OF HIGHLAND BEACH Ordinance No. 16-00 O Page 3 of 7 Sec. 22-4. - Billing procedure; delinquency. The town shall submit bills for sewer services on a bimonthly basis. No discount shall be allowed for prompt payment. If any bills for sewer service charges are not paid within thirty (30) days of the original date of billing, a delinquency fee as established by resolution of the town commission of 1.5 neFGen+ ner FnGRth (eighteen (18) peFeen+ Per will be imposed. The town manager shall give notice in writing of the delinquency and, if not corrected within ten (10) days of such notice, shall discontinue furnishing water to such premises, and shall disconnect the same from the waterworks system of the town and shall proceed forthwith to recover the amount of such sewer service charges in such lawful manner as the town manager may deem advisable. Section 3. The Town Commission hereby amends Chapter 29, "Water System", Article I, "In General" of the Town Code of Ordinances to read as follows (additional language underlined and deleted language st.ieken thiceu,h): ARTICLE I. - IN GENERAL Sec. 29-2. - Connection charges; location of meters. (a) Upon application for water service by the owner or consumer a charge is to be made that consists of the cost of the approved meter, installation, approved valves, labor and inspection as established by resolution of the town commission. (b) All water meters shall be installed as close as practicable to the property line. Sec. 29-3. -Temporary service. Temporary water service, such as service for construction work, shall be rendered upon written application accompanied by a deposit sufficient to cover the town's estimate of the proper charge for water to be consumed, materials, labor and other expense incurred by the town in rendering such service as established by resolution of the town commission. Upon termination of this service, any balance of this deposit shall be returned to the consumer. TOWN OF HIGHLAND BEACH Ordinance No. 16-00 O Page 4 of 7 Sec. 29-5. - Fee to re-establish service. If water service is turned off either because of delinquency or upon the request of the consumer for any purpose, a cut-in fee as established by resolution of the town commission shall be charged and paid when the water is turned on. Sec. 29-6. - Testing of meters. Upon written request of a consumer, the meter will be tested by the town. If the meter, when tested, is found to be not more than two (2) percent fast, the expense of the test, as established by resolution of the town commission, shall be paid by the consumer; otherwise, the expense of the test will be borne by the town, and billing adjustments for a period not to exceed six (6) months will be made. Sec. 29-10. - Charge for water service. The reasonable rate, rental, fee and other charge for the use of the services and facilities of the town waterworks system shall be as established by resolution of the town commission. are hereby fived and established as fellewsc Race r.harne per dwelliRg URi eveFL 2 m r. .....�v-v0 Volume GhaFges-. ,s Multifamily (per duelling nit)1,000 ga'19RS 1l ..... 2.15 1,000 ga"OR$ .....2.59 24,000 gal'ORS er mere-every 2 MORth6, peF,--r,^�gatleRs .....468 1,000 ga llaRs—2.15 1,000 gallons .....3.?T ..... TOWN OF HIGHLAND BEACH Ordinance No. 16-00_O Page 5 of 7 Aleau rates will hengrne effentiye with the RIPre-mher 700Q IaRl aFy 2010 bi11iR9 GyGle. The- firj-d -hi"S Fef!eGtffiRg the new Fates would be dated as of Fe&UaF�Y Sec. 29-11. - Billing dates; delinquent bills; disconnection. Bills for water consumption will be rendered at the rates set e„t in this Ghapter established by resolution of the town commission, but the rendering of bills is not an obligation on the part of the town, and failure of the consumer to receive such bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obligation under this chapter. Such bills for service shall be due and payable on the date of billing and shall become delinquent thirty (30) days thereafter. For all accounts that do not pay their bill in full by the due date, a delinquency fee of 1.5 nernent ger month (eighteen (18) nernent ger .inn, M) of the as established by resolution of the town commission will be imposed. The town manager shall give notice in writing of the delinquency and, if not corrected within ten (10) days of the date of such notice, shall order the immediate disconnection of all delinquent services. Services shall not be restored until the delinquent bill and a service charge, as established by resolution of the town commission, is paid. Sec. 29-12. - Private fire protection. Fire protection service charges, as established by resolution of the town commission, shall be billed annually in advance. Fire protection service, either private hydrants or sprinkler systems, shall be installed from the main inward and maintained and tested at the expense of the consumer. All such installations shall be made in strict accordance with the rules of the National Fire Protection Association. Fire protection services shall not be metered, and no charge shall be made by the town for water used through such services; however, no use of such services shall be made except for testing the equipment or fighting fire. Sec. 29-23. - New dwelling construction; fees; fund created. (a) No permit or extension of a previous permit for the building of any dwelling unit shall be issued until there has been paid to the town a fee established by resolution of the town commission which does not include the cost of water meter installation. TOWN OF HIGHLAND BEACH Ordinance No. 16-00 O Page 6 of 7 (b) The fees thus collected are not refundable and shall be paid to a reserve account within the water fund and such fees shall be used for the purpose of defraying the increased cost of maintaining, improving and expanding the water system. (c) "Dwelling unit" as used in this section means any unit designed and intended for use as living quarters for a single family. Sec. 29-24. - Use of water restricted during water shortage emergency. (e) Penalties. Violation of any provision of this section shall be subject to the following penalties: (1) Punishment as provided in Chapter 1 of this Code. (2) Suspension of water service. Service so disconnected shall be restored only upon payment of a turn-on charge heFeby fixed at€+#y diellars ($50.00) as established by resolution of the town commission during town hall hours of 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays, or as otherwise specified by law, and any other costs incurred by the town in effectuating the discontinuance of service and the giving of suitable assurances to the town that the action causing the discontinuance will not be repeated during the continuance of the water shortage emergency situation. (3) Installation of a water-saving device by the town, cost to be borne by the owner prior to restoration of water service. Section 4. This Ordinance repeals and replaces Ordinance No. 08-003 O adopted November 4, 2008. Section 5. It is the intention of the Town Commission of the Town of Highland Beach that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the Town of Highland Beach, Florida, and that the Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or other word or phrase in order to accomplish such intention. Section 6. All Ordinances or parts thereof and Resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 7. Should any section, provision, paragraph, sentence, clause or word of this Ordinance or portion thereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or application of this Ordinance. TOWN OF HIGHLAND BEACH Ordinance No. 16-00 O Page 7of7 Section 8. This Ordinance shall take effect immediately upon adoption. PASSED AND ADOPTED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH ON THIS DAY OF , 2016. TOWN OF HIGHLAND BEACH, FLORIDA ATTEST: By: Valerie Oakes, Town Clerk Bernard Featherman, Mayor First Reading William A. Weitz, Ph.D, Vice Mayor Posted after First Reading Carl Feldman, Commissioner Published Louis P. Stem, Commissioner Final Reading Rhoda Zelniker, Commissioner Posted after Final Reading APPROVED AS TO FORM AND LEGALITY: By: Glen J. Torcivia, Town Attorney Town of Highland Beach, Florida i RESOLUTION NO. 16 -003 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ESTABLISHING REASONABLE FEES FOR TOWN SERVICES AND OTHER CHARGES AND PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach ("Town") maintains and desires to promote the safety, health and welfare of its residents by providing for enforcement of its Code of Ordinances as well as setting forth fees for providing certain utilities and administrative services; and WHEREAS, the Town Commission finds that adopting this schedule of fees serves a valid public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The schedule of fees and charges, which are attached hereto as Exhibit "A" and incorporated herein, are hereby adopted. Section 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 4. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application and to this end the provisions of this Resolution are declared severable. Section 5. This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED THIS DAY OF 12016. Bernard Featherman, Mayor I I William A. Weitz, Ph.D., Vice Mayor Carl Feldman, Commissioner I Rhoda Zelniker, Commissioner Louis P. Stern, Commissioner ATTEST: Valerie Oakes, CMC, Town Clerk (TOWN SEAL) Glen J. Torcivia, Town Attorney Florida Bar No. 343374 Approved as to form and legal sufficiency EXHIBIT "A" TOWN OF HIGHLAND BEACH SCHEDULE OF FEES I. TOWN CLERK a. Public Records Request i. Paper Copies- up to 8 '/z x 14(single-sided)-$.15 per page* ii. Paper Copies-up to 8 '/2 x 14 (double-sided)-$.20 per page* iii. DVDs-actual cost of production iv. Other materials-actual cost of production *Additional administrative charges may apply b. Certification of a Lien Search-$150 c. Notarization-No charge for the first 5 signatures, $5 each signature thereafter d. Administering Oaths and Affirmations-$10 per person e. Taking an Acknowledgement-$10 per person f. Certified Copy-$10 per copy g. Zoning Maps-actual cost of production II. LIBRARY a. Library Cards i. HB property owners and those renting for 6 months of more - Free ii. Seasonal renters (3-6 months) - $25 per year iii. Non-residents -$75 per year iv. Replacement cards-$5 b. Overdue Materials i. Books and magazines- $.25 per day per item ii. DVDs and CDs-$1 per day per item iii. E-readers -$3 per day per item c. Printing/Copying i. First 5 pages-Free ii. Additional pages - $.25 per page d. Room usage fees for Independent Contractors i. Background check-$19.95 ii. Tom Reid Room-$10 per month iii. Community Room - $20 per month III. BUILDING DEPARTMENT a. All building permit fees shall be based upon the value of the work to be performed. The "value of work" shall be determined in accordance with Section 109.4 of the Town's Administrative Amendments to the Florida Building Code. 109.4 Building permit valuations. If, in the opinion of the building official,the claimed valuation of building, structure,re electrical, gas,mechanical or plumbing systems appears to be underestimated on the application,the permit shall be denied, unless the applicant can show detailed, quantity estimates, and/or bona fide signed contracts(excluding land value)to meet the approval of the building official. For permitting purposes, valuation of buildings and systems shall be total replacement value to include structural, electric, plumbing, mechanical, interior finish, relative site work, architectural and design fees, marketing costs,overhead and profit; excluding only land value. Valuation references may include the latest published data of national construction cost analysis services (Marshall-Swift,Means, etc.), as published by International Code Congress. Final building permit valuation shall be set by the building official. b. The minimum building permit fee shall be $40.00. c. Any renovation or alteration in excess of fifty(50)percent of that structure will be considered new construction for fee purposes. d. Building permit fees shall be calculated per each $1,000.00 of valuation or portion thereof, for each trade (building, plumbing, mechanical or electrical)or for each specialty(pools, fire suppression, alarm or security systems). Those fees are as follows: i. $15.00 per $1,000.00 or portion thereof of value up to $500,000.00. ii. $12.00 per$1,000.00 or portion thereof of value above $500,000.00. e. Plan Check Fee: All structures in excess of four(4) stories shall pay a plan check fee. Those fees are: i. $300.00 for any structure with a value up to $500,000 ii. $300.00 +$.30 per$1,000.00 in value for each $1,000 over$500,000 f. Sales Trailer Permit Fee: The fee for sales trailers shall be $500.00 per trailer, shall include all sub-trade inspections, and shall expire after six (6)months. The permit may be renewed for additional six(6)month increments upon payment of an additional fee. g. Construction Trailer Penn it Fee: The fee for construction trailers shall be$100.00 and shall include all sub-trade inspections. h. Contractor Registration: All contractors must be registered with the Building Department of the Town of Highland Beach. Registration includes basic information about the contractor,and proof of licenses and insurance. Licenses and insurance is typically demonstrated through a State of Florida registration or certification,or a Palm Beach County Business Tax Receipt. The fee for registering with the Building Department is$2.00. ji. Reinspection Fees: j i. $25.00 for an unproductive trip (includes one(1) subsequent inspection). ii. $50.00 for second inspection(same item). iii. $100.00 for third inspection (same item). iv. $200.00 for fourth inspection* (same item). *(requires license holder or qualifier to be at the site) j. Additional Fees: i. $50.00 for failure to call for a final inspection. ii. $50.00 to reinstate an expired permit for a final inspection. iii. $10.00 per page for revisions to plans requiring additional review after the initial review. iv. $25.00 for change in contractor v. Four times(4X) original permit fee for work commenced without a permit. This fee shall be limited to a maximum of$1,000.00 k. Additional Building Fees: i. $50.00 floor and/or balcony tile fee (not shower tile or pan replacement). ii. $150.00 for a demolition permit for a single-family home. iii. The fee for a demolition permit for a multi-family home or other structure shall be based upon the value of the work. Note: Palm Beach County Impact Fees: The actual fee amount is collected by the County. 1. Additional Plumbing Inspection Fees: i. $50.00 for water heater change-out m. Additional Mechanical Inspection Fees: i. $50.00 change of equipment per system less than five (5) tones (<60,000 BTUs). ii. $100.00 change of equipment per system five (5)tons or greater(>60,000 BTUs). n. Additional Electrical Inspection Fees: i. $50.00 for temporary pole. ii. $75.00 for a service change. iii. $50.00 installation of residential alarm or security system. 1V. SOLID WASTE AND RECYCLING SERVICES a. Single-family curbside $14.00 per month b. Multi-family curbside $14.00 per month c. Multi-family container $12.00 per month d. Special medical $17.50 per month e. Container rentals Per Contract f. Commercial services Per Contract V. CODE ENFORCEMENT & POLICE FINESNEES a. Parking for disabled $250.00 b. Parking in fire lane $25.00 c. Prohibited Sign $25.00 d. Parking in bike path $25.00 e. Blocking driveway $25.00 f. Parking within intersection $25.00 g. Parking within 15' of fire hydrant $25.00 h. Parking wrong way(against flow of traffic) $25.00 i. Trespassing $25.00 j. Other(Town Code Violations $25.00 k. Accident Reports (copy) $10.00 1. Fingerprinting(per card) $15.00 VI. WATER USE RATES a. Water Flat Rate Charge (bi-monthly) $30.00 per dwelling unit b. Multi-Family Usage Charges(per dwelling unit) i. 1,000 up to and including 13,000 gallons $2.15 per 1,000 gallons ii. 14,000 up to and including 23,000 gallons $2.59 per 1,000 gallons Iii. 24,000 gallons or more $4.60 per 1,000 gallons c. All Other Customers(per account) i. 1,000 up to and including 19,000 gallons $2.15 per 1,000 gallons ii. 20,000 up to and including 49,000 gallons $3.74 per 1,000 gallons iii. 50,000 gallons or more $4.60 per 1,000 gallons VU. SEWER USE RATES a. Sewer Flat Rate—Residential (bi-monthly) $39.32 per dwelling unit b. Sewer Flat Rate -Non-residential (bi-monthly) Same as Residential c. Delray Sands Same as Residential VIII. PRIVATE FIRE PROTECTION a. Fire Hydrants $20.00 each per month b. Standpipes/Sprinkler System $20.00 each per month IX. GENERAL CUSTOMER BILLING a. Water and Sewer usage charges will be billed bi-monthly b. Payment remittance is due within 30 days of the billing date c. Accounts more than 30 days are considered delinquent. d. Delinquent accounts will be subject to an additional 1.5%per month(18% annum)delinquency charge. e. Notice of such delinquency will be given by the Town; and if not corrected within 10 days of said notice,water service will be disconnected. f. Water service will not be reconnected until the delinquent bill and a fifty dollar ($50.00) reconnection fee is paid. g. Meters may be tested for accuracy upon written request from the customer. However, the customer will be subject to the expense of the test if the meter is found to be not more than 2%fast. h. In the event of a water leak occurring on the consumer's side of the meter, the Town Manager may offer a one-time courtesy adjustment to provide financial relief to a consumer who is experiencing a higher than usual water bill. To be considered for this courtesy adjustment: i. the water bill in question must not be from billing period more than two billing cycles prior. ii. the consumer must not have used a courtesy adjustment in the past,and iii. the consumer must demonstrate that they have repaired the water leak(i.e. plumber's invoice for repairs). If a consumer is granted a courtesy adjustment, the Town will estimate(by comparing historical usage of the account) the amount of the water leak and deduct it from the consumer's total usage for the billing period. The difference between the total usage and the water leak portion will be considered the consumer's regular usage for the billing period and will be billed according to the rate structure provided in Section VI. The estimated water leak portion of usage for the billing period will be adjusted and billed at the lowest tiered rate provided in Section Vl. Notwithstanding the above, the town manager in his or her discretion will have the flexibility to allow up to four(4) installment payments of bills which are unusually high as measured by past bills for the property in question. The town manager's discretion will be on a case by case basis using his or her best judgment as each case arises. X. WATER SYSTEM CONNECTION CHARGES(IMPACT FEES) a. New Dwellings i. Connection Charge $3,000 per dwelling unit ii. Meter Installation Fees Time and Material plus 25% XI. SEWER SYSTEM CONNECTION CHARGES(IMPACT FEES) a. New Dwellings i. Connection Charge $1,000 per dwelling unit XII. FIELD VISIT CHARGE The Town shall charge a fee to each customer requesting a service to be performed by a Town employee at their premises with respect to the water or wastewater systems. The services to be performed shall include, but not be limited to, individual turn-on and turn- off of service, data-logging a meter, and meter re-reading. The Town will waive this fee in any instance where the meter is determined to be faulty. a. During Normal Working Hours $25 b. Outside Normal Working Hours $50 XIH. ANNUAL RATE ADJUSTMENT Beginning October 1, 2016 and each October I" thereafter, the Water and Sewer Use Rates described in Section VI and VII will automatically be increased by the Municipal Cost Index (MCI)as published by American Town and Country which was designed to i i show the effects of inflation on the cost of providing municipal services. Using the MCI, the Town will measure the annual percentage change (July to July) and uniform adjustments to the rates will become effective with the first billing cycle beginning after October I"of each fiscal year. Adjustments to the rates shall in no way be less than 2.40%or more than 5.00% for any given fiscal year. The Town Commission shall have the authority to waive this section on a year to year basis.