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2016.07.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday,July 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; Acting Town Manager Valerie Oakes; Interim Deputy Town Clerk Rosalie DeMartino; 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 Interim Deputy Town Clerk. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman called for any additions or deletions to the agenda. Item 7B: Commissioner Feldman added discussion regarding 3621 S. Ocean Blvd. and 3200 S. Ocean Blvd. Code Enforcement issues and Bel Lido resident's emails. Hearing no further additions or deletions, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REQUESTS: Richard Kaplan, 3400 S. Ocean Blvd. —There is a piece of land next to our building, and I believe it is federal land. I would like to know who I could speak to have the land cleaned because there is an odor coming from the property. Mayor Featherman — You can contact our Town Manager, Code Enforcement Officer and the Department of Health. Town Commission Regular Meeting Minutes Tuesday,July 5. 2016 Paw 2 of 12 3. PRESENTATIONS: None. 4. BOARDS AND COMMITTEES: Interim Deputy Town Clerk DeMartino read item 4—Boards and Committees into the record as follows: A) Board Correspondence: • None B) Board Action Report: • None C) Board Vacancies: None D) Monthly Board Meeting: • Public Information Session—July 13`h—6:30 PM • Town Commission Special Meeting—July 14th—9:30 AM (1`Reading Levy and Setting Tentative Max. Millage Rate) • Board of Adjustment&Appeals—July 19`h—9:30 AM • Town Commission Workshop Meeting—July 26d`— 1:30 PM • Town Commission Workshop Meeting—July 28th— 1:30 PM (Review of Personnel Rules &Regulations Handbook) 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 16-008 O—2nd READING 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 1, "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. Interim Deputy Town Clerk DeMartino read Ordinance No. 16-008 O into the record. Acting Town Manager Oakes — Ordinance 16-008 O was first introduced to the Town Commission for discussion at the May 31, 2016 Workshop and First Reading at the June 7, 2016 Regular Meeting. As recommended by the Town's utility rate consultant, Public Resources Management Group (PRMG), this Ordinance removes the rates/charges from the code of ordinances and paves the way for the Town Commission to adopt a "Rate Resolution" that includes annual inflationary adjustments. The aforementioned resolution is on today's Consent Agenda for approval. Today will be the Public Hearing and adoption of Ordinance 16-008 O, and our recommended action is to adopt this ordinance on 2nd Reading. Town Commission Regular Meeting Minutes Tuesday,July 5. 2016 Page 3 of 12 Mayor Featherman opened the Public Hearing. There being no discussion from the Commission or comments from the public, Mayor Featherman closed the Public Hearing. MOTION: Commissioner Stern moved to adopt Ordinance 16-008 O on 2nd Reading. Motion was seconded by Vice Mayor Weitz. ROLL CALL: Commissioner Stern - Yes Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carried 5 to 0. B) ORDINANCE 16-009 O—1sT READING AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH AMENDING THE TOWN OF HIGHLAND BEACH CODE OF ORDINANCES BY AMENDING CHAPTER 6, "BUILDINGS AND STRUCTURES",ARTICLE H, "TECHNICAL CODES",ENACTING SECTION 6-31, "SPECIAL FLOOD HAZARD AREA PROVISIONS" TO AMEND THE FLORIDA BUILDING CODE BY ENACTING CERTAIN TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE TO MODIFY RESIDENTIAL ELEVATION REQUIREMENTS; AMENDING CHAPTER 20, "PLANNING AND DEVELOPMENT", ARTICLE IV "RESOURCE PROTECTION STANDARDS" BY REPEALING DIVISION 6 "FLOODPLAINS" AND ENACTING ARTICLE VI, "FLOODPLAIN MANAGEMENT", TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; AMENDING CHAPTER 30, "ZONING CODE", ARTICLE H, "DECISION MAKING AND ADMINISTRATION", SECTION 30-23, "BOARD OF ADJUSTMENT AND APPEALS", TO CLARIFY THE PROCESS TO GRANT VARIANCES; AMENDING ARTICLE V, "NATURAL RESOURCES", SECTION 30-87, "SUBDIVISION PROPOSALS", TO CLARIFY COMPLIANCE REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Interim Deputy Town Clerk DeMartino read Ordinance No. 16-009 O into the record. Acting Town Manager Oakes — The proposed ordinance was developed by the Federal Emergency Management Agency (FEMA) and the Florida Division of Emergency Management as a model ordinance that is designed to repeal and replace existing regulations to satisfy the National Flood Insurance Program and Florida Building Code requirements. The Town is required to enact this ordinance in order to coordinate its floodplain management regulations with the Florida Building Code. Our recommended action today is to accept Ordinance 16-009 O on Pt reading and to schedule the 2nd reading for August 2,2016. i Town Commission Regular Meeting Minutes Tuesday,July 5. 2016 Page 4 of 12 MOTION: Vice Mayor Weitz moved to accept Ordinance No. 16-009 O on the Pt reading. Motion was seconded by Commissioner Stern. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Stern - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carried 5 to 0. 6. CONSENT AGENDA: Interim Deputy Town Clerk DeMartino read the Consent Agenda into the record. A) Appointment of Carol Stern to the Beaches & Shores Advisory Board (term ending Nov. 2018) B) Resolution No. 16-003 R C) Commission to Appoint Mayor Featherman (and Commissioner Stern as an alternate) as the Voting Delegate to the 90'Annual Florida League of Cities Conference D) Minutes: • May 31, 2016—Workshop Meeting • June 3, 2016—Regular Meeting Commissioner Stern recused himself from voting. There was a consensus by the Commission to accept the Consent Agenda as presented. 7. NEW BUSINESS: A) Approval of Interlocal Agreement with Delray Beach Fire Rescue Subject to Approval of the Delray Beach Commission Comm. Feldman—Over the last few months we have been negotiating with the City of Boynton Beach, the City of Delray Beach and Barrier Islands with possibly forming our own Fire Department. The problem with the Barrier Islands was that we could not get fire stations close enough to serve both communities. Boynton Beach said no. Delray came back with three or four proposals. We rejected their first proposal and finally came up with a solution, which was somewhat fair to us and more so to Delray Beach, where we would be charged a 5% annual fee. To help us with the 5% annual fee, we were going to eliminate the $12,000 medical transport fee we pay to Delray Beach and we would keep all of the revenues collected from the Highland Beach residents, which are approximately $50,000. This would come close to $70,000 overall. We felt this was fair, except we were not pleased with Delray's response to us getting any money i Town Commission Regular Meeting Minutes Tuesday,July 5. 2016 Page 5 of 12 they collect from the Delray Beach residents since they are using our equipment that we pay for, and we are paying for all the personnel. Their reason was that when they have a situation and they have to supply equipment to us, this offsets it. Town Manager Brown, Finance Director Curtis, Town Attorney Torcivia and I were involved in the meetings, and I believe we did a fairly good job, except we couldn't get everything we wanted. However, I feel we should sign the contract. If we went with the County, it would be approximately $1 million more than the City of Delray Beach. Comm. Feldman referred to Appendix "A" regarding costs and attached as Exhibit "A". Is Delray Beach going to charge us immediately for the equipment rental? Is the new contract effective immediately or when the old contract expires? The date was not put on the Interlocal Agreement. Town Attorney Torcivia — The date will be October 1, 2016. Comm. Feldman — Before we sign the contract, I would like you to clear up the items regarding the equipment rental. Town Attorney Torcivia—Commissioner Feldman did an unbelieve job in negotiating with all the parties to get Delray Beach to where we are now. Comm. Stern —On 4.3D of Appendix "A", I have questions on the Cost of Fire Administration $214,801 and the 122.08%. Comm. Feldman — The $214,801 is a true-up fee and a projection based on current costs. Once they go into their own budget they will come up with a final figure. It could be less or it could be more. Vice Mayor Weitz —When does the current contract with the City of Delray Beach end? Town Attorney Torcivia—It ends in September of 2017. The new contract begins October 2016, and it is to our benefit. Comm. Zelniker—I appreciate all the work that went into this. In the future, I believe we should be looking into having our own Fire Department. Comm. Feldman — We did look into having our own Fire Department with the Barrier Island Group, and the cost and the backup needed is very involved and costly. We would need at least two years of planning. Manor Featherman—The City of Delray Beach will be voting on this contract this evening. This contract benefits both parties. MOTION: Commissioner Feldman moved to accept the Interlocal Agreement with the City of Delray Beach Fire Rescue as presented. Commissioner Stern seconded the motion. ROLL CALL: Commissioner Feldman - Yes Commissioner Stern - Yes Commissioner Zelniker - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. Town Commission Regular Meeting Minutes Tuesday,July 5. 2016 Page 6 of 12 B) Discussion regarding 3621 S. Ocean Blvd.and 3200 S.Ocean Blvd. Code Enforcement Issues and Bel Lido Residents' emails Comm. Feldman — At 3621 S. Ocean Blvd, they put up a very large display fence with some panels showing advertisements. It is quite clear that these panels are in violation of our code. We are working on a new signage code, but the current code is not being enforced. The six foot steel fence is perfect, but they should not have that much signage on it since our code states it is an improper sign. It should come down immediately. Vice Mayor Weitz — It is very clear that the codes must be enforced. We have had issues in the past where there were violations of our codes, and the architects and builders should be held accountable. Comm. Stern — We allowed 3200 to do the exact same thing, and we never stopped them. I agree that it is now time for them to take the sign down immediately until we change our code. Comm. Feldman —Under our code 22-5, it mentions the word garish. Garish signs do not fit in with the harmony of Highland Beach, and this sign does not fit in with the harmony of our Town. Town Attorney Torcivia— The existing sign has panels that are clearly in violation of the code. However, there are two panels that are just artwork, and our code is not that clear as to whether or not you can allow artwork. For the future, in our new code, do you want the signs to be only black or green, or do you want to allow artwork. Comm. Feldman —We need to stay with our current code because once we allow artwork we can't control what the artwork says or the color. It needs to be a plain windscreen. Also, how long will the temporary fence be on the side and back of the site? Building Official Desorcv_ — In reference to the printed windscreen on 3621 S. Ocean Blvd., the developer got the idea based on the windscreen in front of 3200, and there were no objections to that sign. I spoke with the developer, and he has agreed to take down the advertising sections of the fence. The code states that he is required to have a windscreen but does not state what color it should be. Vice Mayor Weitz — Regarding the word garish, it is impossible to define what colors are appropriate and which ones are not. My suggestion is that we have a Code Enforcement Board, and they should be the ones to determine the meaning of garish and make recommendations. I am also suggesting that we be a bit more strenuous and aggressive in terms of monitoring these properties for code violations. B.O. Desorcv— Since we have the term garish in the code book, is it left up to me to determine what is garish. I personally do not feel the artwork is garish. Town Attorney Torcivia — Since the advertising panels are coming down, perhaps you can suggest to the developer that the replacement be a plain color and the artwork panels remain. I Comm. Zelniker — This particular property has had other code violations. The issue is code enforcement, and the codes are not being adhered to. Has this job site ever been fined? Fin. Dir. Curtis —To my knowledge there are no existing fines or fees collected on the current owners of that property. Comm. Feldman—The developer was supposed to be billed for the fence that the Town had to put up. Fin. Dir. Curtis—I will look into this. Comm. Zelniker—If there is a code violation, the construction people should be fined or the job should be stopped. Why are we not Town Commission Regular Meeting Minutes Tuesday,July 5. 2016 Paee 7 of 12 giving out fines? Town Attorney Torcivia — If there is a violation that the Town believes has occurred, code enforcement will give a notice of violation to that particular property owner and they would have some reasonable time to comply. If they don't comply, the next step is a notice to go to a hearing before the Code Enforcement Board. If they still don't comply, they can issue a fine at that time or give them a few extra days to fix the violation. It is very unusual that a fine starts immediately. There is always a process. B.O. Desorcv—There is a check list given when a permit is issued. This has to be signed that they received it and acknowledge it. Comm. Zelniker—If they have to sign for it then they know the codes. Therefore, they should be fined if they are in violation. Comm. Stern — The board should be renamed the Code Enforcement Adjudication Board because it is really not a disciplinary board. We had a Special Magistrate at one time but it was not working out for us. Further discussion ensued regarding the artwork. It was suggested that they be asked to voluntarily remove the artwork from the fence. B.O. Desorcv—My interpretation of the code is that the artwork is not garish and not in violation of the code. I agree that the signs are in violation and they are coming down. Discussion ensured regarding the fencing at 3621 S. Ocean Blvd. B.O. Desorcv — They are putting in sheet pilings and when completed, a permanent fence will be placed on all four sides. This should take about two weeks. Comm. Feldman — At 3200, they took down the steel fence. Will they be putting it back up again? B.O. Desorcv—No, since they are preparing to finish the building, grading and put in the landscaping. A fence is not necessary. Comm. Feldman— I have a concern regarding the swale in front of that building. It could present a problem with someone getting injured. B.O. Desorcv —I will look into it. Comm. Feldman—I received emails from a resident in Bel Lido who is very intent in keeping us informed as to what is going on. Her last email stated that she was told not to communicate with the Commissioners. That is wrong because, as a Commission, we want residents to email us and, they should be answered. Vice Mayor Weitz — We have been told that Bel Lido is being monitored by code enforcement and members of the staff, so her concerns are being responded to. This should not be discussed over and over again by the Commission. It should be handled by the Code Enforcement Board. Comm. Stern — This particular board is judiciary. Do we change their name and they become what we are asking them to become, and then do we need a Magistrate again. Town Attorney Torcivia — The Code Enforcement Board is not an advisory board. They shouldn't be doing both. Vice Mayor Weitz—It is the Building Official's opinion that the artwork is not garish, and they are not in violation of the ordinance. I am suggesting that we have a board that could evaluate these situations. This Commission cannot be the process by which we adjudicate whether or not it violates the rules. Town Commission Regular Meeting Minutes Tuesday,July 5, 2016 Paae 8 of 12 8. MISCELLANEOUS ITEMS—LEFT OVER: A) Public Hearing on the Adoption of the Town of Highland Beach Water Facilities Plan Acting Town Manager Oakes — This plan was introduced to the Town Commission at last week's Workshop Meeting. This plan was prepared by the Town of Highland Beach to meet the requirements of the State Revolving Fund Loan funding of drinking water systems. Today we will hold a public hearing to answer any questions from the public, and thereafter I recommend that the Town Commission adopts the plan. Mayor Featherman opened the Public Hearing. Public Comments: Elyse Riesa, Boca Cove Lane — I would like to present a simple case that this particular process needs to include Boca Cove Lane. Boca Cove Lane is part of Highland Beach, and we pay taxes as part of Highland Beach. It is understood and agreed to by the Board, and I am here today representing the Board of Boca Cove, that Boca Cove Lane is a private road. What I am not asking for is work be done by the Highland Beach contractor free of charge to the folks in Boca Cove Lane, but we would like to be incorporated into the bid as an addendum to be able to negotiate with the contractor to say that as part of this project. We have brought this up on numerous occasions, and I still have not seen it in writing. That is why I am officially bringing it up, probably at least for the third or fourth time including in a letter, that we be included in writing with negotiations with the contractor, whoever is selected, that the Commission agrees we have the right to be part of this bid and this project. Once again, we are paying taxes that we are receiving no benefits whatsoever for as Highland Beach residents. All we are asking is that we be included in the negotiations. We recognize that we will have to pay additional costs separate from those as part of the city, but it needs to be in writing as part of the bid and agreed to by the contractor. I personally am willing to sit down with the contractor that is chosen, or be part of the negotiation team to ensure that our community is part and parcel of this bid. Commission Discussion: Commissioner Zelniker— I understand this is a private road, but considering these are taxpayers and are willing to pay while the project is happening, I see no problem with having them as part of this project with the understanding that it would have to be paid for by the Boca Cove homeowners. Commissioner Feldman — I believe the contract has already been out to bid, sealed and ready to be delivered, and I am not sure if we could put an addendum onto the existing contract. If Boca Cove Lane wants to talk to the contractor to have this work done, why does the Commission have to approve it? Elyse Riesa — We would have significantly more leverage if we were working with the Town then if we had to do it independently. That is why, over a year ago when this bid first came out and we first started talking about it prior to it even being put up for referendum, I had solicited the Commission to say please I would like to be part and parcel of this addendum just to negotiate with the contractor. That does not mean that, when this bid is opened even if it is not on there, you can't ask for those additional recommendations to say we Town Commission Regular Meeting Minutes Tuesday,July 5. 2016 Page 9 of 12 would like you to also consider working with this particular homeowner's community to include them as part of your project. Comm. Feldman — If a study was done, the cost for this area was already established. If they wanted to add this on, we already know the cost, and they could just do it. Comm. Stern — I am President of the Camino Cove Homeowner's Association, and we have a private drive that goes between Bel Air and Russell Drive. When the last project was done on AlA and it was time for blacktopping, I contacted the Utilities Maintenance Supervisor, Bill Moore who put me in contact with the contractor that gave us a quote and adhered to the same pricing they were giving the State, which was 40% less than the other quotes we received. I do not see you having a problem since the exact costs are known, but I don't feel the Town Commission can sanction it. Vice Mayor Weitz — I live on Boca Cove Lane and would have to recuse myself from committing to any vote. The people who live on this road are paying all existing taxes, water and sewer. They are not asking for any reimbursement from the Town, but the homeowners are simply saying that they would like to dovetail the project while the existing contractors have their equipment, men and supplies on site. It would be a lot more cost effective. This has not been the first time Elyse Riesa has come to this Commission regarding this issue, and there had been no action. The residents of Boca Cove Lane were not provided the proper information in a timely manner. This would have made it easier for them to coordinate this project. Comm. Feldman— Public Works Director Ed Soper has all the information needed and he could give it to Elyse Riesa for her review. When the project is ready to go, will there be permitting from the Town. PWD Soper — The permitting is done through the Health Department, and the work is being done in the public right-of-way. Any work not done in the public right-of-way, the Building Department or homeowner will be notified of it. There is also certain work that will be done in the FDOT right-of-way, which is another special permitting process. There is a public forum being held on July 13th at 6:30 PM to answer any questions or concerns the residents may have regarding this project. We are not certain of the exact date when the contract will be awarded. This plan will be sent to the D.E.P. (Department of Environmental Protection) for review and approval for funding. It will be put out to bid sometime in August, and the project should commence around November. MOTION: Commissioner Stern moved to adopt the Water Facilities Plan as presented. Motion was seconded by Vice Mayor Weitz. ROLL CALL: Commissioner Stern - Yes Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carried 5 to 0. Town Commission Regular Meeting Minutes Tuesday,July 5. 2016 Pase 10 of 12 9. REPORTS—TOWN COMMISSION: A) Commissioner Zelniker—We have not come to any decision as to what we are going to do with the Code Enforcement Board. Town Attorney Torcivia—Your Code Enforcement Board has the authority to decide quasi-judicial matters when a case comes before them. The word advisory should be removed. If the Commission decides they would rather that group become an advisory body and have a Special Magistrate that is at your discretion. Comm. Zelniker—How would we go about doing this? Town Attorney Torcivia—The Commission could pass a motion to direct us to draft an ordinance to create a Special Magistrate process. Acting Town Manager Oakes — I want there to be a clear understanding that the building code is interpreted only by the Building Official. If your intentions of this board is to give them code to interpret, that wouldn't be the use of the board. They could certainly look at it, make recommendations and bring them back to the Commission for your ultimate approval; but if you are looking for a board to interpret words like garish, they cannot do that. The only interpretation is that of the Building Official. If you want to change the process and have a Code Enforcement Advisory Board, they can review code, make recommendations to you and then you can have a Special Magistrate to make the ultimate decision. I think you may need some time to think about what is the process you want. What is the ultimate goal? If there is consensus, I can investigate the difference between an advisory board and a code enforcement board, present that information to you, and the Commission can then make a decision. B) Commissioner Feldman—I am quite happy to see what has been happening on the beach side of Milani Park. The County has put up a 6-foot-high chain link gate to deter any trespassing. C) Commissioner Stern — It has quieted down a bit but there still have been some incidents at Milani Park. The police have put an unmanned car there for the day, and it has helped. Over the July 4`h weekend, I did notice there were some officers from the Palm Beach County Police Department checking out the area. This Commission has done a lot for this Town. I would like to take this opportunity to thank, immensely and personally, Commissioner Feldman for all the time and effort that he put into the fire contract negotiations. We have come up with an excellent contract. So much so that I am totally convinced with the new numbers, we will not have to raise taxes. It is a comfort to know we are going to have a great fire department and will not be paying additional taxes for it and we will have new equipment. D) Vice Mayor Weitz — I also would like to thank Commissioner Feldman, our staff and Town Attorney for all their hard work on the fire contract negotiations. With all that has been going on in the world today, I really appreciate the military and the first responders. They have been providing amazing service, and something we should always remember in that moment of silence. E) Mayor Bernard Featherman — I would like to make a recommendation to our Financial Advisory Board to review our Five-year Strategic Plan. I thank each and every one of our Commissioners for their commitment to this Town. Town Commission Regular Meeting Minutes Tuesday.July 5. 2016 Page 11 of 12 10. REPORTS—TOWN ATTORNEY GLEN TORCIVIA: Commissioner Feldman did an amazing job with the fire contract negotiations. We have been talking to the County Parks Director and the Sheriff's Office and have been getting good results with the issues at Milani Park. 11. REPORTS—ACTING TOWN MANAGER VALERIE OAKES: My first report is to Commissioner Zelniker. We made contact with the City of Boca Raton and received a great deal of information regarding the electronic car charging stations. We are waiting for a quote from one of the vendors to see what the cost would be from beginning to end of the installation. The department heads met for an emergency management meeting to discuss crisis situations. Police Chief Hartmann and Accreditation Manager Aronowitz updated the staff on training information and what to do in case of an emergency. We urge our residents to utilize our website regarding the hurricane season. Please know your local shelters and what provisions you will need. Also, please sign up with Code Red and be sure all your information is accurate. It is the best way to notify you in case of an emergency. Our Turtle Talk& Walk Day is Saturday, August 6`h at 7:00 AM and everyone is meeting at Seagate. Hope to see you all there. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Tim Burnich, 4505 S. Ocean Blvd. — I would like to talk to you as Code Enforcement Chairman after all the conversations we have had here today. I think one of the reasons the Code Enforcement Board is not receiving any issues to discuss or look at is because our Building Department and our code enforcement people negotiate with people that are violating statutes. I believe, if they see something wrong, they should issue a citation. They either take care of the problem, the person that has the property takes care of the problem, or it comes before the Code Enforcement Board. Currently our Building Officials and our code enforcement people are acting as both Code Enforcement Officers and Code Enforcement Board. This is the whole reason we don't see anything because they are doing it all, and that is where the problem lies. The whole thing would function properly if they did what they were supposed to do. I don't believe they are doing what they are supposed to do. We tried to look at this when we were having meetings before, but we are not allowed to have meetings unless the Town Manager says we can, and that is the other problem. We should be able to meet quarterly to discuss issues. I hope this Commission will direct the Town Manager who will in turn direct the Building Official and the code enforcement person to do their job properly. Richard Kaplan, 3400 S. Ocean Blvd. — Would there be any legal issues if you deny the property at 3621 to keep the artwork when it was allowed at the 3200 property. Town Attorney Torcivia—I can't get into any legal advice on a case that might be in front of the Code Enforcement Board. If one person got away with something by mistake, it doesn't set a precedent. Ed Neidich, 4740 S. Ocean Blvd. — Any of these contractors who are building on AIA in Highland Beach should know the code, and we must enforce our code. A summons should be issued if there is a violation. The developer voluntarily agreed to take the signs down. That is not voluntary, it is the law. We don't want to discourage builders, but we need to protect the residents of this Town. We Town Commission Regular Meeting Minutes Tuesday,July 5. 2016 Paae 12 of 12 need to look at our code enforcement board to determine if they would be enforcement board or an advisory board and then have a Special Magistrate. I also want to thank Commissioner Feldman for all the hard and great work he did with the fire contract negotiations. 13. ADJOURNMENT: Mayor Featherman called for a motion to adjourn the meeting at 3:43 PM. MOTION: Vice Mayor Weitz moved to adjourn the meeting at 3:43 PM. Motion was seconded by Commissioner Stern, which passed unanimously. APPROVED: 4ca� Bernard Featherman,Mayor Wil ' / W itz, Vice Mayor 7V Commissioner Carl eldman o Toner LWis Stern e C --Co 'ssioner o a Zelniker ATTEST: )(too-u- Valerie Oakes, CMC Date Town Clerk (Appy,ndly- Representative pricing assuming agreement effective Oct 1,2016(FY2017). Compares FY2016 orignally aprroved budget with FY2017 projection using in rank overage costing method. FY2017 projection based on information available as of May 27,2016. Agreement f12016 FY2017 FY2017 greater than/(less Section budget projection than)FY2016 4.3A Salaries 1,669,360 1,683,462 14,102 Holiday Pay 71,320 72,156 836 Term Pay 44,580 44,580 0 Education 21,360 49,672 28,312 Total Salaries and Wages 1,806,620 1,849,870 43,250 2.39% 4.3B Overtime 201,260 205,060 3,800 1.89% Other Pay 0 1,023 1,023 FICA 148,080 133,066 (15,014) P&F Retirement 649,450 642,002 (7.448) Retiree Health Trust 57,490 49,461 (8,029) Life Insurance 3,430 3,510 80 Disability Insurance 3,620 3,823 203 Health Insurance 214,540 198,042 (16,498) Worker's Comp 45,700 50,644 4,944 Unemployment 730 756 26 EAP 670 751 81 4.3C Total Fringes 1,123,710 1,083,077 -40,633 -3.62% 4.31) Operating(ex.Vehicle maintenance) 136,660 104,010 (32,650) Cost of Fire Administration 0 214,801 214,801 Capital 6,900 0 (6,900) Total Operating/Overhead 143,560 318,811 175,251 122.08% 4.3G Vehicle rental fee(2) 135,000 135,000 Vehicle maintenance fee 54,500 12,300 (42,200) Total Vehicle 54,500 147,300 92,800 170.28% Total Fees 3,329,650 3,604,117 274,467 8.24% Indirect Costs(accounting,HR, IT,etc.)capped at 5% 180,205.86 (1)Allocation for the Fire Department Administration applied by$amount budgeted for FY 2016-2017 (2)Vehicle rental fee is estimated based on proposed lease acquisition of new ladder truck and rescue vehicle effective Oct 1,2016. Highland Beach 6-2016