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2016.08.02_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, August 2, 2016 1:30 PM Mayor Bernard Featherman called the Regular Meeting to order in the Town Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz, Ph. D; Commissioner Carl Feldman; Commissioner Louis P. Stern; and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Finance Director Cale Curtis; Library Director Lois Albertson and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman called for any additions or deletions to the agenda. Vice Mayor Weitz—At the last Workshop Meeting the Commission requested certain items such as health benefits, time off and other issues be placed on the agenda under New Business for discussion. I ask why these items do not appear on the agenda under New Business. Town Clerk Oakes referred this to the Town Attorney. Town Attorney Torcivia — The Police Department is unionized and when you are making a change in terms or conditions of employment such as insurance issues, stipends, etc. I am sure the union is going to take the position that it needs to be bargained over. We received a letter a few days ago from the same union indicating that 14 employees have submitted signed cards to form a union to have that same FOP (Fraternal Order of Police) represent those non police employees. Those cards have been sent up to the State. It is called a Public Employee Relations Committee (PERC) who will make a determination over the next 90 days as to whether that bargaining union should be certified. At some point in those 90 days the Town will get a list of Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Page 2 of 18 those employees and we could contest as to whether a certain person or position should or should not be on that list; generally, management is not on that list. I was assured by the representative that there were no management employees on that list. Once that occurs and it becomes certified then we will be bargaining with that new union. Vice Mayor Weitz — You have stated that 14 employees of this Town have requested unionization but they are not an operating union currently. They have no union status and no union bargaining rights and have not yet been approved. I submit that this is nothing more than an attempt to prevent this Commission, elected officials, from moving ahead with legitimate policy for this Town. I support unions, and we honor the police union, and we were not applying our discussion to the police union. I am not going to sit here and be told that elected officials, who have the responsibility for policy and planning, are going to wait until a group of individuals in this Town form a union, 30, 60, 90 days, which by the way moves into the next fiscal year. Those items were requested by our elected officials. The union letter has no standing until such time as that union is officially recognized and organized. This is nothing more than an attempt to keep our Town from developing sound and reasonable policies with respect to our employees. This is not an attempt to hurt our employees or denigrate our employees, this is an attempt to bring sound, financial reasonable policies. Paying people for doing nothing is not a sound policy. Providing a health benefit under a health benefits provision, which is not a health benefit and needs to be discussed and authorized if we do it, is not sound policy. I respectfully request that those items we discussed at the last meeting be added to the agenda as follows: Item 713: Deferred Compensation Item 7C: Discussion of Time Off Item 71): Discussion of Dental and Vision Insurance We were not informed that these items would not be on the agenda. We come in here and find out that our authority is being challenged. I will meet that challenge. Town Attorney Torcivia — Strategically you all have a choice now. You can discuss this publically, which you are about to, or you could discuss this privately because you are going to be at the bargaining table with the police union for sure with this issue, and you may be at the bargaining table with the other group of employees. This is one of the few times in the Sunshine Law that you can meet outside of the Sunshine Law. You can meet privately and develop what is your negotiating strategy in terms of the police for sure. You can say we are going to direct you to negotiate XYZ where they are not sitting in the audience, or watching on tape knowing what your position is before you get to the table. That is the strategic decision you need to make today. Do you want to discuss this publically today and have the other side listen to where you want to go so they know what your bottom line is, or do you want to meet in private, have that decision and then negotiate with them? Commissioner Feldman — There are 14 employees who want to join the police union. What would the consequences be for them? Town Attorney Torcivia — You will currently have a Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Page 3 of 18 partner in the Police Department because in essence when you want to change policy, instead of just being able to change it, you will have to negotiate. Comm. Feldman — That could hurt the people in the Police Department. Could they fight this? Town Attorney Torcivia — I doubt if they would because it is the same representative, and that is why I mentioned meeting in private. You may want to offer different benefits to the police than to the employees, or you may not. Comm. Feldman— Vice Mayor has already made it known what his feelings are on these issues so it would behoove us to continue on with this. The benefits are not the same for the employees as they are for the police because they have a three-year contract. I doubt if we would enter into a contract like that for the employees. Vice Mayor Weitz — Even if we met privately, there could be people at that meeting who could convey what went on at those meetings. Even if these people want to unionize, does this Town have any authority, way or reasonable alternative to insure that we continue to operate with the elected officials of this Town for basic governmental positions? We understand the police and fire having unionization, but is there any way we can challenge that because to me this is not about pro-union/anti-union. What this is about is that this Commission is trying, or at least some of us are trying, to get more rational cost effective reasonable policies in place in personnel regulations that have not been modified in years. In some cases, by my words and my words only, it is waste and abuse in some of those policies. Now all of a sudden we are getting certain individuals who are benefiting from the system before the change who try to unionize. To me that is a deliberate attempt to undermine the authority and power of this Commission. If this should happen and before it happens, I want these changes to go into effect, whatever we agree on and vote on. I don't want to wait to negotiate with people who are deliberately trying to undermine the authority to which I was elected and to which these other Commissioners and Mayor were elected. It is not anti-union. This came about after we publically started to talk about changes in personnel rules and regulations. This did not happen a year ago. This is a reaction of certain employees in this Town to try to maintain what I consider to be horrendously beneficial in salary, health benefits, time off benefits and certain benefits that you would be aghast at like being paid to do nothing simply because you fell under a regulation that was misinterpreted. I would like to know what route we have as a government. Town Attorney Torcivia—First off there will be a campaign where there has to be an election for those 14 people assuming that the PERC certifies that those 14 are an appropriate bargaining unit, and then you will have a chance to challenge that within the next 90 days. Once that unit is certified, then there is an election where those people vote in private whether to join the union or not. You are allowed to conduct an educational campaign. You can inform the employees what are the benefits to remaining employees without a union just as the union will inform those employees what are the benefits of joining the union. Those employees will then vote. Once that union is formed, then we have an obligation to bargain with that union. Town Attorney Torcivia explained the procedures entailed in the bargaining process. Commissioner Feldman — Why were we not informed that this was happening? Town Attorney Torcivia — The letter was addressed to the Mayor and Commissioners, and I thought you all received it. I received it yesterday, and it was my intention to bring it up first thing in this meeting so you were put on notice. Town Commission Regular Meeting Minutes Tuesday,August 2, 2016 Page 4 of 18 Item 7F—Vice Mayor Weitz added a discussion regarding sending a letter to the State regarding the Zika Virus. Item 8A — Commissioner Zelniker asked to have the SAFEbuilt contract removed from the Consent Agenda and placed under Miscellaneous—Items Left Over. Hearing no further additions or deletions,the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REQUESTS: Ann Roy, Bel Lido Isle — I am requesting an extension to resolve the letter I received from the Code Enforcement Officer because I have a boat at my dock. Ann Roy read the letter sent to Orlando Rodriguez, Code Enforcement Officer regarding the date she installed the dock and the use of that dock over the years (attached as Exhibit"A"). She also read a letter from Dr. Edward Karban stating that he was not renting her dock (attached as Exhibit `B"). Dr. Karban is away for two weeks and if he has to move the boat there is no way this can be done in five days and they are threatening to fine me $250 per day. I am asking for an extension of at least 30 days until I can find out whether or not the code is retroactive and replaces what caused me to build my dock and allowed me to have boats docked there all these years. Vice Mayor Weitz — We are not a deciding body with regard to code issues. This is the perfect case to go to the Code Enforcement Board. Ann Roy — I am requesting a hearing and an extension until I can be heard. Town Clerk Oakes — Is it your intent to leave the boat there permanently? Ann Roy — I am letting him keep his boat there because he moved from Intracoastal Drive to AIA and there is no dock there that can accommodate him. I am not charging him rent. Town Manager Brown — You will receive a letter from the Town Clerk's Office as soon as they can schedule a meeting with the Code Enforcement Board. George Kelvin, 4740 S. Ocean Blvd. —As a member of the Code Enforcement Board, I thought this board was the only one allowed to levy a fine. The letter received by Ms. Roy states she will be fined. Town Manager Brown — The Code Enforcement Board will be the ones to give the fine. She has five days to remove the boat before she is in violation. 3. PRESENTATIONS: None. 4. BOARDS AND COMMITTEES: Town Clerk Oakes read item 4—Boards and Committees into the record as follows: A) Board Correspondence: ;oard None B) Action Report: Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Page 5 of 18 • Town Clerk Oakes read the Board Action Report into the record. C) Board Vacancies: None D) Monthly Board Meeting: • Turtle Talk& Walk Day—August 6rth—7:00 AM (Meet at Sea Gate Parking Lot) • Planning Board—August 10th—9:30 AM • Town Commission Budget Workshop—August 16th—4:30 PM—TENTATIVE • Town Commission Workshop Meeting—August 30th— 1:30 PM (Immediately following the Workshop Meeting is a Budget Workshop — TENTATIVE) 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE 16-009 O—2ND READING AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH AMENDING THE TOWN OF HIGHLAND BEACH CODE OF ORDINANCES BY AMENDING CHAPTER 69 "BUILDINGS AND STRUCTURES", ARTICLE II, "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 II, "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. Town Clerk Oakes read Ordinance No. 16-009 O into the record. Town Manager Brown—Ordinance No. 16-009 O is the flood plain ordinance developed by the Federal Emergency Management Agency 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 the Florida Building Code requirements. Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Page 6 of 18 Mayor Featherman opened the Public Hearing. Hearing none, Mayor Featherman closed the Public Hearing. MOTION: Commissioner Feldman moved to accept Ordinance No. 16-009 O on the 2nd reading. Motion was seconded by Vice Mayor Weitz. ROLL CALL: Commissioner Feldman - Yes Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion carried 5 to 0. B) ORDINANCE NO. 16-010— 1sT READING AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER 12, "CONSTRUCTION SITES", SECTION 12-4, "CONSTRUCTION FENCES" TO PROVIDE THAT ALL FENCING OF CONSTRUCTION SITES MUST BE GREEN OR BLACK IN COLOR WITH NO ARTWORK OR SIGNAGE AFFIXED TO THE FENCE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read Ordinance No. 16-010 O into the record. Town Manager Brown— The Commission requested that all fences be either black or green with no artwork. MOTION: Commissioner Stern moved to place Ordinance No. 16-010 O on the September 6th agenda for a 2nd reading. Motion was seconded by Commissioner Zelniker. ROLL CALL: Commissioner Stern - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Page 7 of 18 6. CONSENT AGENDA: Town Clerk Oakes read the Consent Agenda into the record. A) Commission to Authorize the Town Manager to Execute the Task Order Described Herein by Issuing a Purchase Requisition to Globaltech, Inc. in Accordance with Town Purchasing Policies. bey,wen the Te A%of 1Iigh4and Beaeland SFI t Florida, LLC= for-one ye (Commissioner Zelniker asked that this item be moved to Miscellaneous—Items Left Over.) C) Minutes: • June 7, 2016—Regular Meeting • June 28, 2016—Special Meeting • June 28, 2016—Workshop Meeting • July 5, 2016—Regular Meeting • July 14, 2016—Special Meeting MOTION: Commissioner Stern moved to accept the Consent Agenda as presented. Motion was seconded by Commissioner Feldman, which passed unanimously. 7. NEW BUSINESS: A) Discussion on Hiring a Full-Time Code Inspector Town Manager Brown—You have received a job description for a Code Enforcement Officer. Commission Discussion: Comm. Feldman—I don't see why we need to hire another full-time Code Inspector Officer. My suggestion would be to hire a part-time clerical person to help in the Building Department and have Carol Holland be the full-time Code Enforcement Officer since she went to school for this certification. Comm. Zelniker—We work for our residents, and we should have a full time code inspector to insure their quality of life during major construction projects. We have given SAFEbuilt a lot of time to fix this problem, and they have not. Our Commission was under the impression that we had a full-time code inspector and building inspector. We did not. It is our responsibility to have a full-time code enforcement person as well as a full-time building inspector. Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Paye 8 of 18 Comm. Stern—It is now time to separate the Building Official's responsibility and the Code Enforcement Officer's responsibility. We now need a full-time, in-house Code Enforcement Officer. Whether we need an in-house Building Official or not, we need to sign the contract with SAFEbuilt because it will take us at least a year to find the qualified person. We need to separate the duties and do it smartly and do it immediately. Vice Mayor Weitz —I want to apologize to the residents of Bel Lido and this Town because I have been misled to believe that we had a code enforcement system in place. Our Building Official is not responsible for code enforcement, but when he does do that job he gets paid additional money. It is not in the contract. We have a part-time code enforcement person who works 10 hours a week doing code enforcement. It is now time to have a full-time code enforcement person in-house. This should have been done two years ago. Discussion ensued regarding the hiring of a full-time, in-house Code Enforcement Officer and what the responsibilities are for that position. There was also further discussion regarding the Building Department and the fact that two full-time clerical people are needed because of the amount of paper work in that department. Vice Mayor Weitz—This is a new full-time position and we need to attract the best possible and diversity of people that are out there. In our guidelines in rules and regulations, we offer Veterans' Preference for hiring and we have never utilized that because I was told that we don't have veterans applying. We should make an effort to find them. This position should be fair and equitable to all so we can get the best and brightest. Town Manager Brown — I would like to hire an outside Code Enforcement Officer. We have two full-time clerical people and it is a full-time job in the Building Department. We need someone who is strong in the building code who could walk in and enforce the code that we need to have. Comm. Feldman — I would like to see the Town Manager look into the amount of employees needed in the Building Department and report back to us. In the meantime, I am in favor of looking for a full-time in-house Code Enforcement Officer. MOTION: Commissioner Zelniker moved to have the Town Manager proceed with the employment of a full-time, in-house code inspector with qualifications and experience in the building industry and working with contractors, and also the search should be a comprehensive, competitive process for hire. Motion was seconded by Commissioner Stem. ROLL CALL: Commissioner Zelniker - Yes Commissioner Stern - Yes Commissioner Feldman - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Town Commission Regular Meeting Minutes Tuesday,AuEust 2,2016 Paye 9 of 18 Motion carried 5 to 0. B) Discussion on Deferred Compensation Vice Mayor Weitz—Individuals in this Town were being paid a cash stipend for the basis of not having family members switch to the family plan of the Town's Health Insurance. There were approximately 26 staff members listed in the report provided by our Finance Director. Two-thirds of those individuals that were receiving compensation, $250 to $500 per month, didn't even qualify for the criteria. It was tax free money being put into a retirement account. Health care costs have changed dramatically from 2004 to 2016. This was placed under the health benefit policy. It is neither a health benefit nor is it salary. It was simply an attempt to get certain individuals to not utilize the Town's family policy, which was initiated approximately 15 years ago. It was never voted on. I am not in favor of giving those two-thirds employees money that they shouldn't have been receiving from the beginning. I would like to make a motion to eliminate this deferred compensation concept or a component of our benefits from the Town's policy. Commission Discussion: Comm. Feldman — Wouldn't that be in part of a budget and not in an ordinance? Town Attorney Torcivia—Normally it is part of your budget but if you want to go down that path you will have to amend your personnel policies. Comm. Stem — The chart shows that the Town has actually saved money by giving the stipend. Finance Director Curtis—The intent of the program is two part. There is a benefit value gap between an employee who has health insurance for himself and an employee who has health insurance with family. When this program was presented to the Commission back in 2000-2004, the argument was made let's give the employee who has employee only coverage an allowance or stipend to bridge that benefit gap between the employee and the family. At that time is was $200 per month for an employee only, and if you didn't have coverage it was $400 per month. From the time that program was put in place to today, it went from $200 per month to $293 per month. It increased a small percentage over the last 15 years. The second part of this program is that it becomes a deterrent for employees bringing in their dependents on to the Town's insurance, and that is where the cost savings comes in. Comm. Stern — By giving this stipend, we save money according to your chart. Fin. Dir. Curtis — This chart compares the total amount given to the employees versus the amount of the cost of the dependent care coverage that is avoided. It is a cost that is favorable to the Town. If we eliminated those employees who were not eligible, it would increase the cost to the Town about$20,000 a year. Discussion ensued regarding the amount of money that has been given for this stipend over the years and whether or not it considered a health plan benefit. Comm. Zelniker stated that the Commission has the right to review policies and procedures every year and this issue has not been looked at since the year 2000. Fin. Dir. Curtis explained how the retirement account works for the employees. Town Commission Regular Meeting Minutes Tuesday,August 2, 2016 Page 10 of 18 MOTION: Vice Mayor Weitz moved to remove the concept of deferred compensation from the health care benefit section of our policy and remove that section from our payment requirements. Motion was seconded by Commissioner Zelniker. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion carried 5 to 0. C) Discussion regarding PTO (Personal Time Off) Vice Mayor Weitz—Let's talk about the concept of time off, and I don't have a particular or specific amount in my mind. It is more of a concept. Currently the way the Town looks at time off is it is divided into issues around federal holidays, sick time, personal time and comp time. It is an old concept of how to allocate time off. The problem with that is, as in all government and businesses, there is game playing with that. There is certain time off that you can get reimbursed for if you don't use it, and you may run out of one section of time. In other words, you may call in sick when you are taking personal time. This is all over and not specific to us. Many of the modem concepts around time off simply call it PTO (personal time off). You determine how much time you want to give the employee time off and that is their bank. It doesn't matter how they use it. They can use it for sick time or personal time. They have a certain amount of time off, and they are free to use it. No one has to fudge or fabricate or go around things. There is also no huge buildups of time off where they basically know that if they don't use it they can get paid for it if they leave the employment. We have all seen horror stories in places of people building up huge amounts of time off, and then when they get fired or leave they get huge amounts of money for their unused portion of their leave. I am for that concept especially when I look at, and some of this is confusing, we have federal holidays plus three. I don't know how we got to plus three in this town. I will tell this town publically that if you look at, and again it is up to this Commission to determine what is fair and reasonable, most of our employees as per our current benefits package as of 7/2016, as I read it, are getting from 40 to 50 days a year off with pay. That's 10 (ten) weeks; 40 to 50 paid days a year. Is it a wonder why we need so many employees? At any given time, 20% of our workforce is not here. If you don't believe me that is the Town's numbers, not mine. That is for the Commission to decide. I know one thing I don't see how it is not possible to get a lot of applicants for any vacant job when you are giving people 50 days off a year paid as part of their benefits package. So, I would like to consider the concept of a PTO because there is so much comp time, sick time and whether it is federal holiday. If you look at that section of our policy book, there is a lot of little asterisks and lines and little ifs or ands; we can eliminate all of that. Just make it simple, personal time off. It also does a lot of accounting and record keeping. Somebody has to keep track of these things and which category is it in. Whatever this Commission Town Commission Regular Meeting Minutes Tuesday,Aueust 2,2016 Paze 11 of 18 decides is reasonable time off, that is what the employee has and then you move from there and you eliminate all the playing and modifications. That is my recommendation and will open it up to the Commission to review. Commission Discussion: Commissioner Feldman—In point I agree with the Vice Mayor. The only thing is that some of these figures are a little bit off. We only have two people who get 52 days. I do agree with the process that you are given 47 days regardless of how you use them. Record keeping is a lot easier under that method. I don't want to get into how many days they are getting or how they are getting it. It is the total amount, and that is what they should be getting. We can use it as the PTO method. It is an easier method. It is a method we used in our business for years, and it works. Whatever they are now getting and how it increases should continue to increase. In other words, if an employee is here for one year, five years or ten years, their vacation days go up. Those days have to be added onto the total PTO days. The benefit can rise. Just accounting wise we should go to the PTO system. Vice Manor Weitz — I agree with you that they can essentially earn more, but I would not be in agreement with the PTO system, because we encourage our employees to take time off to refresh, that they can amalgamate days and expect to get paid for it. Comm. Feldman — There is one other problem. In our employment manual, and I have to ask the Town Manager, isn't there something in there about if they don't use a certain number of days that they can bank that for when they leave. Town Manager Brown — That is correct. Accumulate holidays during vacation leave, payment of vacation leave upon termination of employment. You can only accumulate so many days that when you leave you get paid, and the same thing on sick days. There is a percentage depending on the days. Comm. Feldman —If it is 47 days, you would have to come up with some percentage on the PTO system that they can bank. Town Manager Brown—I think we are going to have to distinguish between vacation and sick days because there are some federal holidays the town has to be closed. Comm. Feldman — They have to take a certain amount of days. If there is a national holiday, they have to take that day. The only days they don't have to take are their sick days, but there is no more sick days. So there is 15 days of holidays that they have to take. Then the difference between 15 and 47 that is what they can scurry around. Town Manager Brown— I would almost think we divorce each other from the holidays that are mandatory. One of the holidays we list is the day before Christmas. Take that out or take the three personal holidays out, so then you put that in the PTO as vacation and sick time. You are allowed so many. I would like to separate the holidays and the PTO days. Vice Mayor Weitz — I would like to clarify that. The federal holidays which are defined exist, and then we have this plus three which you are saying are not legal holidays. They would fall under the PTO days. There are a certain amount of days that every employee knows they have, and as long as they have approval, they can deduct it from their PTO days and it doesn't have to go into a category. There should be a percentage limit as to what the people can bank because the goal of this is not a savings plan. It is to keep employees refreshed and relaxed and give them time off. I don't need to see somebody with 300 days that they are going to get paid for. Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Page 12 of 18 Town Manager Brown— We didn't eliminate this from the agenda today on purpose. Cale and I were meeting with the Town Attorney today to discuss the wording on some of these and what is the law and what is against the law. There was no intent to not bring it up again. I thought we were going to do it in a workshop to discuss this and approve everything at one time. I apologize for not understanding that was not what you wanted to do. Comm. Zelniker— Just to clarify everything, 37 employees get between 42 and 47 days off every year. In the Policy and Procedures Manual, it lists three extra days. Town Manager Brown—We would take those off. Comm. Zelniker—I don't think we should bank vacation time. It is mentally and physically important for people to take their vacation. We should encourage every employee who works here to take their vacation. It is better for everybody to do that. There are some companies that say if you don't take your vacation you lose it. Comm. Stern—I think it works out. I do believe they were working on this to bring it to us in the future, so I think we are all on the same page. MOTION: Vice Mayor Weitz moved that the town time off policy be called PTO (personal time off) and we amalgamate the current times into that system to include the three plus days. The Town Manager will determine a reasonable policy as to how many days can be banked. Discussion: Town Manager Brown— Do the employee get to keep the days that are in their bank? Vice Mayor Weitz — What is the maximum number of days they can bank now? Town Manager Brown — On vacation it is 25 days. Vice Mayor Weitz — What is, is but I want to keep a limit on how many days they can bank. Town Manager Brown—I am asking, for the future, how many days you want. Do you want to leave it 25 days or make it a smaller amount? Vice Mayor Weitz—I think it should be some type of percentage. Let's leave the motion as is, and we can decide on that issue at a later date. Town Manager Brown — The Town Attorney has an attorney in his office that specializes only in personnel. We will talk with him. Comm. Feldman —We presently have a number of days that the employees can bank. If an employee has been here for X a number of years and they have banked that number of days, they obviously can't bank an additional amount of days. Is that what you are saying? If they reached the limit, they reached the limit. We don't change the limit; we just keep it the way it is so it really doesn't fall into a legal situation where we have to pay more money for something like that. Town Manager Brown—We just talked about the insurance making that effective October 0. The vacation and holiday time starts January 1St. Another thing I would like to bring up is to decide whether we are going to do everything October 1St or January 0. Comm. Feldman — Some of the people have already taken sick leave or something like that, or you could roll it into the PTO method immediately. Town Manager Brown — The sick days and the holidays start January 1St. The insurance starts October 1st Do we want to keep two different dates? Comm. Feldman — What would be the benefit of making it January 1St for the PTO. Town Manager Brown — Because that is what we do now. Comm. Feldman—Then make it January 1st Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Page 13 of 18 Motion was seconded by Commissioner Feldman. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Feldman - Yes Commissioner Zelniker - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion carried 5 to 0. D) Discussion on Dental and Vision Vice Mayor Weitz — We have recently learned that the dental and vision insurance is separate and apart from the health insurance benefits. It is a separate carrier with a different contract. This Commission and Commissions in the past have never authorized it. They voted for it in the budget but never authorized it as a separate benefit. If this Commission decides to keep the dental and vision, I would like to see numerous bids from appropriate carriers. Commission Discussion: Comm. Zelniker—We did find out at one of our meetings that it is a separate contract. The Guardian Insurance Company was selected by the Financial Advisory Board in 1994 and we are still using Guardian. I would like to see quotes from other companies. Comm. Stem—It is a benefit that can be offered and I feel we should move forward with it. We should get three bids to see if Guardian is the company we should be with. Comm. Feldman—We have included the dental and vision policy into the budget. How can we approve this if we do not know what they are going to be? Town Manager Brown—We do go out to bid. Since I have been here we have had three or four different dental carriers. Comm. Feldman — Employee-only does not pay into this plan; the employee with dependents pay for their dependents? Fin. Dir. Curtis — The Town has paid 100% of the employee costs and the employee has picked up 100% of the dependent care cost. The Town cost is approximately $33 per month for each employee. We have to estimate as far as what we are going to put in the budget. There is not a three-year rate guarantee with Guardian. It was an annual rate and we are in the process of obtaining quotes as we have done over the past nine years that I have been here. This has not been brought before the Commission because, under our rules and regulations, I saw a procurement authorization under the Town Manager. I will bring this policy to the Commission for approval for the October 1 st renewal. Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Paze 14 of 18 MOTION: Vice Mayor Weitz moved that the Town continue to offer to our employees the vision and dental policy that are in existence, and prior to selecting a particular carrier in the future, that appropriate carriers are reviewed, and this Commission is presented with alternatives to consider the most cost effective but the benefits remain in place. Motion was seconded by Commissioner Feldman. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Feldman - Yes Commissioner Zelniker - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion carried 5 to 0. E) Discussion on Time Clocks Mayor Featherman — I would like to see a time clock installed so an employee can clock in and out or if they leave the premises. I spoke with the Town Manager and she feels it could be done electronically. Comm. Feldman—There is a line item in the budget for discussion regarding electronic time clocks. F) Discussion on the Zika Virus Discussion ensued on the topic of the Zika Virus. MOTION: Vice Mayor Weitz moved to request that a letter be sent, under the Mayor's signature, to the State or appropriate department indicating that Highland Beach is a coastal community with lots of water concerns in terms of both ocean and Intracoastal. We understand that the Federal Government is providing significant resources to Florida to combat this epidemic. We want to strongly urge that Highland Beach be included in whatever plans Florida has to eradicate this disease to protect the safety of our citizens. 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. Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Page 15 of 18 8. MISCELLANEOUS ITEMS—LEFT OVER: A) Commission to Authorize the Mayor to Sign the Professional Services Agreement between the Town of Highland Beach and SAFEbuilt Florida,LLC for One Year Comm. Zelniker — I feel strongly that we need an in-house Building Official. What time frame do we have if we want out of this contract? Town Attorney Torcivia— It is a 30-day notice without cause. Comm. Feldman — Under this contract we have paid all the monies due upon receipt. I would like the contract to read that we pay the fees after the inspection is done. Also, we were told by a representative of SAFEbuilt that we would not have to pay to have the Building Official come to our meetings, but we are paying him $48/hour. He is also getting paid for attending the Planning Board and Board of Adjustment meetings. The meetings have to do with permits and that should be part of the fees that we originally paid them. These should be stricken from the contract. I would like to extend this contract for 60 days so the Town Attorney can redo it and see if SAFEbuilt agrees to it. Town Attorney Torcivia — You are asking to extend this contract for 60 days and bring back a new contract with the parameters you mentioned and get it to the October meeting. It will be given to the Commission well in advance for review. Comm. Zelniker — Supposedly they have a survey which allows applicants to provide feedback. Has anyone ever seen this survey? Code enforcement needs be more proactive. I am constantly receiving complaints from residents that they are not doing their job in a timely manner. I don't understand why we don't do things more quickly in this town. I am not in favor of this contract. Comm. Stern — We need the contract; we need the company. Perhaps in the future we can get our own Building Official but we need to move forward now with this contract. Vice Mayor Weitz — I agree with Comm. Stern and also agree with Comm. Feldman's comments. We should not be paying additional monies for the inspector's service. I was under the impression that we were being a given part-time code enforcement person free of charge. Come to find out we are being billed $48 /hour for his services. We should continue the contract with the revised changes. Comm. Feldman — I would also like a monthly report on the number of permits given, the number of inspections and the amount of money for permits issued and the number of inspections. Comm. Zelniker — The Finance Director gave us a cost analysis which indicated that we took in $800,000. Fin. Dir. Curtis — In 2015, we paid SAFEbuilt $418,115. The balance goes to the Building Dept. Comm. Zelniker— I thought they weren't supposed to make any Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Page 16 of 18 profit. Comm. Stem—It is put in the general fund. Fin. Dir. Curtis—A Commission should not take action to raise their permit fees in order to simply generate a profit out of that department. There will be years that there will not be enough to cover the department, and the general fund will have to make that up. MOTION: Commissioner Feldman moved to extend the contract with SAFEbuilt, Florida LLC for sixty(60) days. Motion was seconded by Commissioner Stem. Discussion: Tom Walsh, Regional Building Department Manager, SAFEbuilt Florida, LLC. — We are open to taking out the hours for the Planning Board and Board of Adjustment meetings. We agree, we will take that out. For the code enforcement administration, obviously you will get your own code enforcement staff and all that will be stricken from the contract. As far as the percentage of fees, typically it is 50-60-70%. However, if we go off a fee model at all, we will have to go by a pay-by-the-hour model. We would like to keep it by the percentage of the fees and remove all the other items. It is my understanding that you were not getting copies of the reports. I will follow up and make sure that you get all the past ones that you have not received. When we do our billing they print out with it. You mentioned about the surveys. There are survey cards here at the department upstairs, and I am not sure if they are being handed out; but I will make sure they are issued all throughout Town Hall, and we will also create a survey monkey to put on your website. Commissioner Feldman — What we just asked the Town Attorney to put into the contract, you agreed with those three or four items. Mr. Walsh—I agree with the Planning Board and Board of Adjustment meetings and project service. We will strike that $48/hour from the contract. Also, the code enforcement, we will strike that from the contract. However, the Building Department and related services, 50% of the fees, I would like to keep that in there. Comm. Feldman— What if the Building Official is attending a Commission meeting, will we have to pay the $48/hour? Mr. Walsh— We will take that out. As long as it is not 8:00 at night, and we have to call him in. Town Attorney Torcivia— It should be easy to get that back within the 60 days. 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,August 2,2016 Page 17 of 18 9. REPORTS—TOWN COMMISSION: A) Commissioner Zelniker—No report. B) Commissioner Feldman—No report. C) Commissioner Stern—No report. D) Vice Mayor Weitz—No report E) Mayor Bernard Featherman—No report. 10. REPORTS—TOWN ATTORNEY GLEN TORCIVIA: No report. 11. REPORTS—TOWN MANAGER BEVERLY BROWN: Eric Aronowitz,Accreditation Manager in the Police Department submitted an application to Preferred Insurance Trust and was able to get us two (2) $2,500 grants for work that he has done for the safety of the Town. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Ann Roy, Bel Lido Isle — I am not sure if I was told that I would have to come in tomorrow. Will I not be fined the $250/day until I get my hearing? Town Manager Brown — That is correct. Come in tomorrow and give us a date that you are available so we can schedule a hearing. Jeff Cohen, representative of 3621 S. Ocean Blvd. — Last week Josh McAlees came in to address the issue of the signs we had on our fence at 3621 S. Ocean Blvd. He asked if a sign could be put up on 75% of the fencing. I understand an ordinance was put into place regarding fencing and signs. Who could we speak to in order to come up with some compromise regarding this issue? Town Attorney Torcivia — The Commission just approved the first reading whereby all fencing must be either green or black with no artwork. You always have the right to request a variance from the ordinance. I would suggest you see Mike Desorcy first. Comm. Stern — I had a conversation with Mr. McAlees, and he indicated that he would like to put up a second sign. If he chooses to do so, he would have to go to the Board of Adjustment for a variance. Town Commission Regular Meeting Minutes Tuesday,August 2,2016 Page 18 of 18 13. ADJOURNMENT: Mayor Featherman called for a motion to adjourn the meeting at 4:17 PM. MOTION: Commissioner Zelniker moved to adjourn the meeting at 4:17 PM. Motion was seconded by Commissioner Stern, which passed unanimously. APPROVED: & Bernard Featherman ayo 1jeommissioner Vie yor �ar ouis Stern, Commissioner a C�Cc d Zelniker, issioner ATTEST: Ua Valerie Oakes, CMC, Town Clerk Date 614 -----._......_....._ 4301 Tranquility Drive REC��D Bel Lido Isle V�D Highland Beach,FL 33487 Ann Roy AUG 0 2 2016 HIGHLAND BEACH BUILDING DEPARTMENT August 1,2016 T Town of Highland Beach Attention: Mr. Rodriguez My response to your letter I just received is as follows: We purchased our lot in Bel Lido Isle in 1973 when my husband was still alive with the intentions of owning a boat for which we attended and passed a boating course. In 1989 I took a refresher course and passed the U.S. Coast Guard course but being alone I never bought a boat after he died. We built our home in 1980 and familiarized ourselves with Town codes and ordinances. Over the many years I have been a resident I have had several boats at my dock since I was given permission and was assured that as long as I was not renting the dock,my son,family, friends and guest,although not residing with me were allowed to and have always over the years kept their boats here from time to time. Under the circumstances,I would appreciate knowing the date the code your letter refers to was written and if it can retroactively replace what was in effect and which I have complied with for decades. To prove I am complying with the code I have been accustomed to and complied with and allowed for all those years,I am providing your with my neighbor and friend,Dr. Karbin's letter to prove I am not renting my dock He just recently sold his home down the street on Intracoastal Drive and moved into his new Highland Beach home on AIA. Because he is a friend I am being a good friend in which I pride myself so I am letting him dock his boat and includes living up to my reputation for being a compassionate,generous human being whose senior years is dedicated to volunteer work and giving to others. I am providing you with some of the many awards from the county and towns,etc. in the hope you will understand and allow me to continue to comply with the code as originally presented to me and allowed and precedent thus set for decades. I appreciate and thank you for your time and consideration in this matter and look forward to your response. Sincerely Yours, Ail Roy Telephone: (561)278-7584 U 1.1E�/ET V �l1 Dr. Edward Karban 4008 S.Ocean Blvd AUG p 2 2016 Highland Beach,FL 3W7 860-330.0902 S HIGHLAND BEACH BUILDING DEPARTMENT August 4 2DI6 To whom it may concern, I have lived in Highfaad Beach for over 6 peas"Until recently I lived in Bel Lich.During my time in that neghborhood,I became very good friends with Ann Roy and have spent significant time at her home as her guest.. As a guest of hers on a regular basis she offered to allow me to dot.*my boat at her dock.I have Dot paid any sent for the dockage and do not intend to. if you have any questions,please don't hesitate to contact tne. Truly yours, Dr.Edward J.Kanban