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2016.08.30_TC_Minutes_Workshop
TOWN OF HIGHLAND BEACH MINUTES OF THE TOWN COMMISSION WORKSHOP MEETING Tuesday, August 30, 2016 1:30 PM Mayor Bernard Featherman called the Workshop Meeting to order in the Town Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz, Ph.D; Commissioner Carl Feldman; Commissioner Louis P. Stern; and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Finance Director Cale Curtis; Public Works Director Ed Soper; Library Director Lois Albertson and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman called for any additions or deletions to the agenda. Item 6J — Vice Mayor Weitz added clarification regarding the Town code for regulating boating and docking. Item 611 —Commissioner Feldman asked to have the letter received from a Town employee read into the record. Town Attorney Torcivia— I would like to discuss Town Manager Brown's retirement letter during New Business. Hearing no further additions or deletions, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REOUESTS: Carl Gehman, 1123 Highland Beach Dr. — I do not want anybody telling me what I can and cannot wear when I come to these meetings. Town Attorney Torcivia—There is a State law that prohibits campaigning in public buildings. Carl Gehman — I am not campaigning; it is my hat that I wear. Town Attorney Torcivia — If you are wearing any type of clothing or Town Commission Workshop Meeting Minutes Tuesday,August 30,2016 Page 2 of 16 item that has the name of a candidate running for office it is not permitted in public buildings. Town Manager Brown — We have a resolution on the books that prohibits campaigning here in the municipal building. 3. PRESENTATIONS: • Sunshine Law and Public Records Law By: Glen Torcivia,Esq. Town Attorney Torcivia gave a power-point presentation on the Sunshine Law and Public Records Law attached as Exhibit "A". You will be attending a mandatory four- hour Palm Beach County League of Cities Ethics Training course, and the following presentation is a brief overview. Vice Mayor Weitz—It is my understanding that the rules under the Sunshine Law that the State of Florida has imposed on municipalities and towns are not required at the State level. Town Attorney Torcivia—That is correct. However, the Legislator is not exempt from the public records law. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • No report C) Board Vacancies: • Code Enforcement Board—(unexpired Term ending May 2017) • Planning Board Vacancy(3-year term beginning October 2016) Talent Bank o Barry Broder, 3740 S. Ocean Blvd. gave a brief description of his background including his involvement with Planning Boards and Board of Adjustment and Appeals. He stated that his goal is to serve the community. o Al Giachetti, 1118 Bel Air Drive. — Mr. Giachetti was unable to attend this meeting. Town Clerk Oakes read the letter that he submitted to the Commission which included a description of his background and qualifications for becoming a member of the Planning Board. He would like to serve and give back to the community. o Michael Kravit, 3700 S. Ocean Blvd. gave a brief description of his background and is a registered architect. He was also a member of the Code Enforcement Board in Highland Beach. Based on his background and his certifications with the State of Florida, Mr. Kravit feels he would be an asset to serve as a member of the Planning Board. Town Commission Workshop Meeting Minutes Tuesday,Auzust 30,2016 Pne 3 of 16 o Warren Lewis, 4748 S. Ocean Blvd. also could not attend this meeting. Town Clerk Oakes read the letter submitted to the Commission, which included a description of his background and qualifications. o Elyse Riesa, 1027 Boca Cove Lane served as a member and Chair on the Beaches & Shores Advisory Board and has been a leader for CERT (Community Emergency Response Team) for the past seven years. Provided a description of her background and qualifications and would like to be able to serve on the Planning Board and serve the community. Consensus was to place this on the September 6`h agenda under Miscellaneous- Items Left Over for a ballot vote. D) Monthly Board Meetings: • Town Hall Closed—September 5`h—Observing Labor Day • Town Commission Regular Meeting—September 6`h— 1:30 PM • Pre-Bid Meeting on Water Main Project—September 7d'— 10:00 AM • Pre-Bid Meeting on Remineralization(Calcite) Project—September 7d'—2:00 PM • Planning Board Meeting—September 14`h—9:30 AM • Town Commission 0 Budget Public Hearing—September 14`h—5:01 PM • Town Commission Workshop Meeting—September 27th— 1:30 PM • Town Commission 2°d Budget Public Hearing—September 27"—5:01 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 16-010 O—2nd Reading Scheduled on September 6,2016 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. Commission Discussion: Commissioner Feldman — If this ordinance passes, does it become retroactive for all existing sites? Town Attorney Torcivia—It would only pertain to new sites. Town Commission Workshop Meeting Minutes Tuesday.August 30,2016 Page 4 of 16 Consensus was to place Ordinance No. 16-010 O on the September 6d' agenda for a 2nd reading. B) ORDINANCE NO. 16-011 O—1sT Reading Scheduled on September 6,2016 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 23, "SIGNS AND ADVERTISING", TO MODIFY ITS SIGN CODE IN ORDER TO COMPLY WITH THE RECENT SUPREME COURT DECISION; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Town Clerk Oakes Read Ordinance No. 16-0110 into the record. Town Manager Brown — The proposed changes are based on a recent Supreme Court case on temporary signs and how content neutrality is determined. Therefore,the major changes to the code are as follows: A) Certain types of signs are exempt from permitting requirements, such as flags, nameplate, certain types of directional signs, instructional signs and temporary signs. B) All requirements for temporary signs in section 23-9. C) Appeals from a denial by the building official will be to the Board of Adjustment, not the Town Commission. D) The new temporary sign section provides that a maximum of 4 temporary signs shall be allowed per parcel, with a maximum sign face area of 4 square feet, max height of 5 feet and each sign must be at least 15 feet from the next sign. All temporary signs are prohibited on public property, unless placed there by a public entity for a public purpose. No temporary sign may include any fluorescent color, move or have any lighting or illumination. Commission Discussion: Commissioner Feldman—Does this address political signs? Town Attorney Torcivia— This does because all signs must be the same. There is no distinction between political signs or real estate signs. They are now all considered temporary signs. All towns have to comply with this. Commissioner Stern — Can you not have any valet parking signs? Town Attorney Torcivia—They would be subject to the same temporary sign restrictions. Consensus was to place Ordinance No. 16-011 O on the September 6'h agenda for lst reading. Town Commission Workshop Meeting Minutes Tuesday,August 30,2016 Page 5 of 16 C) RESOLUTION NO. 16-004 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, RECOGNIZING THAT THE ELECTRONIC PAYMENT OF THE TOWN'S LAWFUL DEBTS PROCESS IS IN ACCORDANCE WITH THE INTENT AND REQUIREMENTS SET FORTH IN SECTION 3.02 OF THE TOWN OF HIGHLAND BEACH CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read Resolution No. 16-004 R into the record. Town Manager Brown — This resolution recognizes that the electronic payment of the Town's lawful debts process is in accordance with the intent and requirements set forth in Section 3.02 of the Town of Highland Beach Charter. As the Town continues to improve its efficiency through advancements in information technology and automation of process, Staff must ensure that those processes do not supersede or conflict the Town's Charter, policies/procedures and/or internal controls. No consideration was made regarding the process of making electronic payments such as direct deposits and automatic bank drafts when the Town adopted the Charter a few years ago. Consensus was to place Resolution No. 16-004 R on the September 6`h Consent Agenda. D) RESOLUTION NO. 16-005 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING EXPENDITURES OF TOWN FUNDS FOR FOOD/REFRESHMENTS AND PURCHASE OF GIFT CARDS FOR CERTAIN EVENTS/OCCASIONS — AS VALID PUBLIC PURPOSES; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read Resolution No. 16-005 R into the record. Commission Discussion: Vice Mayor Weitz — We had an IG (Inspector General) ruling or guidance that any public money used for events that had no public purpose was not permissible. I have never been in a situation where the employer is providing three separate gratuities during a calendar year for every employee on the staff. We are talking somewhere around $7,000 and, in my mind, it is taxpayer money. Also, it is noted that none of the Commissioners received any gift cards for any occasion, whether it be birthday or holidays, and they are employees of this Town. I cannot support these types of benefits when we have already had some legal guidance. Town Commission Workshop Meeting Minutes Tuesday,August 30,2016 Page 6 of 16 Commissioner Zelniker — We are spending taxpayer money, and according to the IG when we spend taxpayer money, it is to be for the benefit of the taxpayer. If there is an employee who is exceptional in any way, the Town Manager could set policy for an increase. I would rather take that $7,000 and use it for the employee who goes above and beyond. We compensate our employees very well. I am not in favor of this resolution. Commissioner Feldman — This resolution includes not only gift cards but many events given by the Town. I see no problem approving this resolution, and we should not exclude any part of it. This money spent does not come into play in a $13 million budget. We have done this in the past, and we should continue to do it. Little things go a long way when building morale in a company. Therefore, I am in favor of passing this resolution. Commissioner Stern — This resolution does encompass more than just gift cards. The attorney has written this resolution so we could spend this money without being in trouble. Town Attorney Torcivia—That was the intent. Once you consider something a public purpose, it is generally considered a public purpose. This resolution does encompass more than gift cards such as Spring Fling, Light up the Holidays, etc. We want to make sure that when you spend the money on such events, you properly prepare a resolution so the IG is okay with it. Comm. Stern — I do believe we are not breaking any laws and am in favor of this resolution. Mayor Featherman—I am not in favor of this resolution. The money has to be used for taxpayers and not gifts. Vice Mayor Weitz — There are some items in this resolution that are perfectly legitimate and are public functions. I have a problem with the gift cards. We pay salaries and give bonuses. Town Attorney Torcivia — I added the language that it is all subject to being approved in the budget. At the budget process, you can say that you don't want to budget a certain line item. Commissioner Zelniker— I didn't know we were going to get a resolution on this. We asked for information about the IG and all of a sudden we have a resolution, which I don't feel is needed. We could vote on these items when they come up. How did this happen? Town Attorney Torcivia— In their guidance, the IG said that if a town wants to provide various things like this menu, you pass a resolution where you declare a public purpose, and then it is presumably okay. You haven't done that in the past, so technically every time you fund a Spring Fling or Light up the Holidays you must always make sure you pass the right resolution again and again. The resolution gives you protection that you have adopted the right procedure. Whatever it is that you approve, you would not be subject to an IG investigation. You are pretty much golden at that point. Town Commission Workshop Meeting Minutes Tuesday,August 30,2016 Pate 7 of 16 Town Manager Brown — The gift cards are only given on birthdays and Thanksgiving. Nothing is given at Christmas time. Consensus was to place Resolution No. 16-004 R on the September 6' agenda under Miscellaneous—Items Left Over for further discussion. 6. NEW BUSINESS: A) Town Attorney's Proposal to Engage a Labor Relations Attorney Town Attorney Torcivia—The Town has had a police union for a number of years and we have negotiated with that union. The Mayor has indicated that he was not pleased with the previous firm that did the negotiations. Initially we were going to take on those negotiations with the police union. Over the last several weeks a group of approximately 15 employees have taken the first steps for forming a new union. I felt that you would be more comfortable with an outside firm, so I brought Jeffrey Pheterson here to answer any of your questions. Jeffrey Pheterson from the law firm of Ward Damon — I have practiced in the area of labor and employment law since 1976. Mr. Pheterson gave a description of his background and credentials. Commission Discussion: Commissioner Zelniker — I am requesting that the attorney working with the unions would truly represent the policies and the wishes of the Commission. Attorney Pheterson—It is a different process with public sector with employees here in the State of Florida as opposed to those in the Northeast. Florida legislature has designed a system that essentially leaves the ultimate decision as to what is proper or not proper in a collective bargaining agreement in your hands. The only time you can meet outside of the Sunshine Law as a group is when there is collective bargaining strategy negotiations. Attorney Pheterson explained how the collective bargaining negotiations system works. Commissioner Feldman—What can we do and not do prior to the employees taking a vote and forming a union? Attorney Pheterson — There are a four things you must know, which is called TIPS. You cannot threaten an employee with regards to joining a union; interrogate them by asking whether they are in favor of a union or not; you can't promise them anything if they would decide not to go with the union and you cannot be surveillance if you know they are having a meeting and where it is taking place. As long as you stay away from these four items you are okay. Town Commission Workshop Meeting Minutes Tuesday,Auzust 30,2016 Pace 8 of 16 Vice Mayor Weitz — As far as I am concerned, anything we do at this point will be taken into a legal issue. The Town Attorney and Town Officials should be the ones to handle this situation. Attorney Pheterson—At this point, your best bet would be not to get involved at all. Vice Mayor Weitz — Do these employees have the right to get involved with these activities during working hours? Attorney Pheterson —Under the roof of City Hall, if they are on break or at lunch, they can discuss union business, and they have the right to place notices on the bulletin board. Vice Mayor Weitz—What is the amount of money you might suggest that we need to budget for legal expenses? Attorney Pheterson—It might be somewhere around $20,000 to $25,000 depending on how much of a fight you get. The hourly rate is $265 per hour. Commissioner Stern — I have no history with unions. It is terrible that this Town has to think about having a union. I blame our civil employees wanting to form a union on how this Commission has forced them into it. This Commission stands to lose anywhere from$25,000 to $50,000 in fees for a reason that is not necessary. Vice Mayor Weitz—I have nothing against unions. It is the American way. We have not taken anything that was duly authorized away from our staff. We found things that were either misapplied, misappropriated, unauthorized or inappropriately given as part of an overall package. I do not feel we are responsible for forcing the employees to form a union. Town Attorney Torcivia — I included a letter in your agenda packet with an Exhibit "A" attached which lists the different job descriptions. The first question is are these job descriptions appropriate to be in this bargaining unit. On September 22°d, PERC has scheduled a preliminary hearing to determine whether that group is appropriate or not. If we don't object, then the hearing will not happen. I would like you to look at this exhibit, and at the next meeting I will ask if any of you object to anyone on the list. B) Commission to Authorize the Revisions to Article VI-Insurance of the Personnel Rules & Regulations Town Manager Brown — An adjustment has been made to Article VI — Insurance of the Personnel Rules and Regulations by adding language that provides the offering of dental and vision to all full-time eligible employees, and deleting the language that provides for a monthly allowance stipend that is paid to certain employees into their 457 Deferred Compensation account. Commissioner Feldman asked that a letter sent to the Commission by a Town employee be read into the record. Town Clerk Oakes read the letter regarding medical insurance and stipend addressed to the Mayor, Vice Mayor and Town Commissioners into the record attached as Exhibit`B". Town Commission Workshop Meeting Minutes Tuesday,August 30,2016 Page 9 of 16 Commissioner Feldman — This person is correct because we changed something after they elected the benefit package. I am suggesting that any employee who is here now continues with the program which includes the stipend they had, but any new employee does not take advantage of this. I don't believe we should take it away. Finance Director Curtis — The Deferred Compensation Plan is available to all employees but not all of them receive it. In order to receive the stipend, you cannot have any dependents on the Town's group health insurance. There are two parts to this. One is bringing up the benefit value of the employee that has dependent care versus a single covered employee. It bridges that benefit gap. The side effect of that is it became a deterrent for some employees. If their spouse or their children had the option of going on insurance from another employer from a previous employer, the Town was providing the stipend. The Town would essentially pay $3,000 a year in a stipend for this employee not to bring their dependents on, which would cost them $10,000 a year. Vice Mayor Weitz —We have discussed this before and voted to take it out. Let this employee have the option of choosing a different plan. I am not of the opinion that we should continue an illegal expenditure of money. Commissioner Feldman — We made a decision to do something after the case was done. We weren't informed entirely what we were doing. I think it should be changed back. Commissioner Zelniker—Is this employee getting the better plan paid for by the Town or is he adding his own money to it? Fin. Dir. Curtis — The Town is paying the full cost of his HMO base plan. Comm. Zelniker — This employee is upset because he is not receiving a stipend which is illegal money and never approved by this Commission. Fin. Dir. Curtis—It is not illegal money. It was in the Personnel Rules &Regulations which is a document approved by the Town Commission. Vice Mayor Weitz —We as a Commission did not review the Deferred Compensation on a yearly basis and vote on it. It is not authorized money. When we were informed of this stipend, we voted to have it removed from the Personnel Rules and Regulations. The Town Commission Workshop Meeting was adjourned for a brief recess. The Town Commission Workshop Meeting was reconvened. Town Manager's Retirement Letter: Town Attorney Torcivia — Before we get into the rest of the agenda, I would like to discuss Town Manager Brown's retirement letter. Town Attorney Torcivia read Town Manager Brown's retirement letter into the record attached as Exhibit"C". Town Commission Workshop Meeting Minutes Tuesday,August 30,2016 Page 10 of 16 Commissioner Feldman—In addition to the Town Manager's letter, I would like her to get the longevity package. Also, I think we should give her the laptop instead of her having to purchase it. Commissioner Stern— This letter has disturbed me since I received it. It doesn't ring true to me. We have the opportunity to accept or not accept her resignation. When it comes time to vote, I will not accept this resignation. She has done an excellent job. I feel there is collusion here in her letter and that she doesn't really want to retire. All the performance evaluation reviews that were sent in contain very good remarks, and this was done in April. Commissioner Stern read the remarks stated in each performance evaluation. What happed between April and now? Remarks were made by my fellow Commissioners that indicated they would like to see her go. Comm. Feldman made a statement that he did not want to be the fourth vote in a Vote of No Confidence. I believe there was a breech in the Sunshine Law here. Vice Mayor Weitz — I made a public expression that I was concerned about many actions that have been taken over recent months, and that I was prepared to vote a Vote of No Confidence. It was a public statement and no violation of the Sunshine Law. Commissioner Feldman — The reason I made that statement was because, if the Commission voted on this, I would have to go along with them. I did not want this. Consensus was to place this item under on the September 6' agenda under Miscellaneous—Items Left Over for further discussion. C) Commission to Authorize the Town Manager to Execute an Agreement with Guardian for Dental Insurance This item was being discussed along with Item 6D. D) Commission to Authorize the Town Manager to Execute an Agreement with Guardian for Vision Insurance Finance Director Curtis — You have been provided with proposals from four different dental and vision providers. Our current provider is Guardian. There is an increase of five percent (5%), but it is still the lowest amongst the other competitors. The plan remains the same, and we are recommending renewing with Guardian. The employees are covered under this plan, and they would have to pay dependent coverage. Consensus was to place the dental and vision insurance on the September 6' Consent Agenda. Town Commission Workshop Meeting Minutes Tuesday,August 30,2016 Page 11 of 16 E) Commission to Authorize the Mayor to Execute Amendment #3 to the Tower Siting Lease Agreement with Sprint Town Manager Brown — This agreement has been in place since 1998. They utilize Highland Beach's elevated water storage tank as an antenna site and adjacent space for their communication system equipment. Under the agreement, Sprint would pay for all operating and utility costs in addition to the lease payments (approximately$33,000 annually) to the Town. At the Town's request, the agreement was modified in 2006 to relocate Sprint's ground equipment to an area inside the Tower. The Town agreed to relocate the power supply and Sprint agreed to pay for all other associated relocation costs and continue to pay for operating and utility expenses. This amendment also extended the term of the lease, renewal options and the amount of the rent. In 2012, Sprint proposed amendment to allow for certain antenna and equipment upgrades, at their expense, which would result in enhanced service coverage for their customers. The Town agreed to amendment #2 to the original, agreement. In 2014 Sprint requested to make further improvements to their antenna and communications equipment. Upon staff review of the original agreement and executed amendments, it was discovered that when the equipment was relocated into the water tower under the terms of amendment #2, the power supply was moved by the Town. However, an electric meter to track usage was not installed. As a result, the Town has been paying for the electricity to operate Sprint's equipment since 2006. This proposed third amendment not only addresses Sprint's original request for equipment modifications, it also addresses the matter of electrical usage. Under this amendment #3, Sprint would pay a lump sum ($39,881.52) to the Town in arrears for the previous electrical consumption and going forward, would pay for actual usage (approximately $3,800 annually)based on a sub meter that was installed at their expense. Consensus was to approve this item on the September Oh Consent Agenda. F) Commission to Authorize the Mayor to sign the First Amendment to Professional Services Agreement with SAFEbuilt Florida LLC Town Manager Brown — The renewal of the SAFEbuilt agreement was originally discussed at the August 2, 2016 meeting where the Commission voiced some concerns. The Town Attorney, Staff and Tom Walsh of SAFEbuilt have continued discussing the structure of the Professional Services Agreement. Term: Existing agreement extended until this agreement is adopted, and then the term shall be for twelve (12) months; Invoice & Payment Structure: revised; Termination; either party can terminate with a thirty (30) day notice with the Town having the ability to have the consultant reach completion and finalization of work within 90 days;Discrimination& ADA Compliance: included sexual orientation (per Labor Laws); Dispute Resolution: settle any disputes by mediation; Public Records; new section to comply with Florida State Statutes; Code Enforcement Services: Removed; Planning/Zoning Consultation: Town Commission Workshop Meeting Minutes Tuesday,August 30,2016 Paae 12 of 16 Changed title to Planning/Zoning Services and revised services; Fee Structure: Revised in accordance with recently adopted Resolution. SAFEbuilt has agreed to this agreement. Discussion ensued regarding the renewal of the SAFEbuilt agreement. Town Attorney Torcivia explained the new terms including the termination policy and the payment clause. The code enforcement services are included and we will give them a 30-day notice when we hire our own Code Enforcement Officer. Consensus was to place this item on the September 6t' agenda under Miscellaneous — Items Left Over. G) Commission to Authorize the Mayor to sign Consent to Agreement between Mathews Consulting,Inc.to Baxter& Woodman,Inc. Town Manager Brown — Matthews Consulting, Inc. has merged with Baxter & Woodman, Inc. They have assured us that the services we receive will remain the same. With this merger, it will be necessary to sign a new agreement including the new principal firm. The rate fees do not change and as projects arise, the staff will prepare purchase requisitions to authorize work with the individual firm. Consensus was to place this item on the September 6`h Consent Agenda. H) Commission to Authorize the Town Manager to Execute the Task Order Described herein by Issuing a Purchase Requisition to Mathews Consulting, Inc. in accordance with Town Purchasing Policies and Procedures for the Water Treatment Plant Grating Study Town Manager Brown — The aluminum grating and structural framing system that covers the pipe pit in the Water Treatment Plant has no known capacity rating. This is a problem and a potential safety hazard. There is money in the budget to cover this grating analysis. When Mathews Consulting merged with Baxter & Woodman, they were able to give us a better price than who we were originally going with. Consensus was to place this item on the September 6`h Consent Agenda. 1) Commission to Authorize the Town Manager to Execute Amendment #1 to Task Order#1 for the SCADA System Upgrade under the Agreement for Professional Services with Globaltech,Inc. Town Manager Brown — On August 2", the Commission approved Task Order#1 for Globaltech, Inc. to proceed with a SCADA (Supervisory Control & Data Acquisition) upgrade at the Water Treatment Plant under their Professional Services Contract with Town Commission Workshop Meeting Minutes Tuesday,August 30,2016 Page 13 of 16 the Town. Globaltech has requested an amendment to the agreement which would allow them to use CC Controls Corporation as a subcontractor instead of Control Systems Design, Inc. to perform the work as detailed in the task order's scope of services. Public Works Director Soper— Internally, they could not come to an agreement with Control Systems Design, Inc., so they asked CC Controls Corporation to do the work. It is to our benefit because CC Controls did the original SCADA System at the plant and are very familiar with it. We are very comfortable with this decision, and there is no change in price. Consensus was to place this item on the September 6`h Consent Agenda. J) Discussion on Clarification Regarding Town Code for Regulating Boating and Docks requested by Vice Mayor Weitz Vice Mayor Weitz—Each condominium and homeowner's association have their own by-laws regarding boating, dockage and other operating policies. The Town has its own code with respect to certain issues around dockage, boatlifts, etc. Does the Town have codification in terms of utilization of dockage and who can use the boat docks? If so, my question is "why"? Town Manager Brown—The Town does not want them rented or leased to people. Vice Mayor Weitz — Are any of these rules placing this Town in a litigation issue? Maybe we should look further into this and investigate areas other than condominium and homeowner's association and their rules and regulations. Commissioner Feldman — I believe that if you have a home on the Intracoastal or a canal and have a dock, a family member should be able to use it. I could see not renting it. I feel we should change the ordinance and allow people to be able to have someone use their dock. I am not sure if boatlifts are included. Town Clerk Oakes — The code does include lifts. Town Clerk Oakes read the code into the record. The code does state that a guest may use the dock as long as they are visiting for a limited amount of time. Comm. Feldman— I still feel we should change the ordinance for the use of the docks. Commissioner Stern—At this time the code is in place. It can be discussed at a future date if it is to be changed. Mayor Featherman — I am in agreement with Commissioner Feldman, and the code should be changed. Town Commission Workshop Meeting Minutes Tuesday,August 30,2016 Page 14 of 16 7. MISCELLANEOUS—ITEMS LEFT OVER: A) Discussion on Strategic Plan Town Manager Brown — I would like to have this discussion at the Budget Hearing. Also, if you are in agreement, I would like to move the Budget Hearing Meeting to Thursday, September I`at 10:30 AM. Consensus was to place this item on the Budget Hearing Meeting agenda for September 1 s`at 10:30 AM. B) Minutes: • July 26, 2016—Workshop Meeting • July 28, 2016—Workshop Meeting • August 2, 2016—Regular Meeting • August 2, 2016—Budget Workshop Meeting • August 4, 2016—Budget Workshop Meeting Consensus was to place this item on the Consent Agenda for September 6th. 8. REPORTS—TOWN COMMISSION: A) Commissioner Rhoda Zelniker — I am accepting Town Manager Brown's letter of retirement because she deserves to spend more time with her family and enjoy her life. I am happy for her. B) Commissioner Carl Feldman—I have an issue with an article written by Rick Pollack, Reporter for the Coastal Star. The article concerns the Town civilian employees wanting to unionize. He never reported what the Town has done for the employees such as a 3%raise in pay,health benefit plans, longevity and incentive plans. These are very positive things. Both sides should be reported, not just one sided. C) Commissioner Louis Stern—I would like to thank the Commission for allowing Town Clerk Oakes and myself to attend the Florida League of Cities luncheon where the Mayor of Boca Raton, Susan Haynie was sworn in as head of the League of Cities for the State of Florida. We had the opportunity to attend many wonderful presentations. D) Vice Mayor Weitz—I want to thank the people of this Town who came forward today to offer their services. The credentials and background of these people was absolutely amazing. E) Mayor Bernard Featherman — I also was at the Florida League of Cities conference and attended several very interesting seminars. We meet and spoke with many interesting people on all levels. Town Commission Workshop Meeting Minutes Tuesday,Aueust 30,2016 Paee 15 of 16 9. REPORTS—TOWN ATTORNEY GLEN TORCIVIA: No report. 10. REPORTS—TOWN MANAGER BEVERLY BROWN: In 2002, The Town Commission adopted the following policy to establish a campaign free zone during Commission meetings in Town Hall. Town Manager Brown read Resolution No. 12-008 R into the record. Our Town Clerk is the Municipal Supervisor of Elections and she was following the rules and regulations of the Town Commission and was berated for it. 11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Ann Roy, Bel Lido Isle — I am suggesting you look at your new code on boat docks since I think there is a legal flaw in the code regarding being a resident and a guest. Carl Gehman, 1123 Highland Beach Dr. —My hat is not meant to be a political hat. I play pinnacle and the word trump is used in that game. That is what the hat means. I don't believe we should be told what we can and cannot wear. This is America. I did not berate anybody. I said what I said. I felt berated. Edward Neidich, 4740 S. Ocean Blvd. — Referring to Ordinance No. 16-010 O, I see a potential problem in the language. Someone could put up a very garish color green which is permissible in this ordinance. Perhaps you could put in the words medium to dark green. 12. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Workshop Meeting at 4:55 PM. MOTION: Commissioner Feldman moved to adjourn the workshop meeting at 4:55 PM. Motion was seconded by Commissioner Stern, which passed unanimously. 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CD M O CD CD - r-f- m — 0 � CD CD �� �--V CQ CD �_ CD -0 0- cnO 0) CD Cn CD :3CD CD M CD w. ._ C _. CD O �W Q ca O CQ 0 cn = � � Cc p' CD O Q (� p O 0 -0 cn SCD - O � (D -0 c � � O �' O O cn C: C3' CD CD Cr cn O cr = O = C� cn O r+CD CDCD n O + CZ p CD CCD CD Cn M 'a nCD 7C" CD O On CD Q a- CD CD 5" ap c. O cc v ■ N W v, o M Ov O� CD v n C- o m m w � m < n 1 1 O <: w oo o C n � o 2 > 4 sv' 0 Z Z n x �7 U) r m � o � > z � a w � . CA)� m O N 4 O Cr.) N August 261h, 2016 Town of Highland Beach Mayor,Vice Mayor and Town Commissioners 3614 South Ocean Boulevard, Highland Beach, Florida 33487 RE: Employee Medical Insurance and Stipend Dear Mayor.Vice Mayor and Commissioners In June 2016 all employees were offered three different choices of medical insurance plans from Florida Blue Cross and Blue Shield and one of the plans offered a stipend. I chose the Blue Cross Blue Care Plan 14251 HMO which included a stipend. In August 2016 the Town Commission voted to take away the stipend from employees that have signed up for it. If I had known that the stipend would be removed from this plan I would not have chosen it. I feel this is very unfair and that I was misled in making this choice. Therefore, I am requesting that the commission either extends the stipend for the whole year of this plan before the stipend is removed or allow employees that made this choice because of the stipend to switch to the better health insurance plan 14001 PPO. I have been a loyal and hardworking employee for the Town of Highland Beach for twenty-three years and hope you will consider this request. I am looking forward for your decision regarding this request. Employees are attracted to this town because of the benefits the town offers. Being a small town there is very little chance of advancement.All but one of the water plant operators are over fifty-five years old and many will be retiring in a few years.Good operators are hard to find you can check with other towns and cities.They have to keep their wages and benefits up to keep their own operators and attract other good experienced ones when replacements are needed. I have included with this letter an article regarding water treatment plant operator careers,which includes the challenges of recruiting, hiring and training of new workers.I hope this will help you in making decisions in the future. Sincerely: Leland T. Harpel Town of Highland Beach Water Plant Operator Water Treatment Careers in the 21st Century: The Challenge of Recruiting, Hiring, and Training- the New Worker Steve Soltau treatment of drinking water surface supplies. ments/DrinkingWaterandWastevtiaterRe- There was a correlated increase in the mtmbet port web_May2012.pdf;' Aging Infrastructure of people newly hired to staff these facilities The 2015 Member Research Results re- and Aging Workers during this period. port,also from AWWA and released in January Now,thirty to forty years later,the water of that year,indicate that a whopping 31 per- Infrastructure assets,such as sewers and industry is faced with an aging physical infra- cent of respondents are aged 56 or older and pipes that are in use today by most public util- structure,as well as an aging workforce.This another 32 percent have 26 or more years of ities,were designed to last between 80 and 120 issue became a growing concern when 1 P20O5tenure in the water industry. years. By the 1970s, most of the assets had report published by the American Water Although the actual number of operators reached the extent of their life expectancy.In ers Association (AWWA) titled, Succession and managers retiring throughout the United response to concerns about these assets,the planning for a Vital Workforce in the Informa- States is unknown,all indicators show that these safety of public water supplies,and the quality tion Age,"projected that 37 percent of water retirements will create a significant lack of of the nation's rivers and lakes,the federal Safe utility workers and 32 percent of wastewater trained and qualified operators.This exodus can Drinking Water Act and Clean Nater Act were utility personnel would be eligible for retire- be seen as an opportunity though,as it's leaving enacted.These statutes greatly increased regu- ment within the next decade.In 2010,follow- numerous job openings for those who are am- latory requirements for drinking water systems up research conducted by AW WA and the bitious enough to enter the field of drinking and wastewater facilities. Water Research Foundation resulted in the water treatment,or seeking to be promoted The availability of large federal grants for Water Sector Workforce Sustainability Initia- Filling licensed treatment dant operator municipal wastewater treatment in the late tive,which placed the anticipated loss of cur- vacancies has become a challenge;once a qual- 1970s and early 1980s spurred a huge expan- rent utility employees at between 30 and 50 ified candidate is found, the issue then be- sion of wastewater treatment facilities,as did percent within the next 10 comes retention. Many utilities are located the federal mandate in the early 1990s for the years.(http:/fw-ww.skillworks.org/docu- within similar geographical areas and some- times operators move to other local utilities as they seek out better pay,financial assistance for additional licensing and education,and pro- - motional opportunities.The table at left de- scribes the gap in the ages of licensed operators WN _=� , in Florida. DW & WW Age Comparison 2006 vs. 2015 Reaching Out to the New Worker Given the industWs concern about the ow/M Acdve LkMwRaars OW Nrw Active Lk==&►toaers coming wave of retirements,there ha'Iz been 111512015 50.0 ym.old Is do Average 111812006 56.5 yr—old loft Average various outreach efforts created for the devel- overall overall opment of new workers.Although there are es- Age Bracket' or Licensees % Age Smoker 0 of ueerwes % tablished classes to prepare candidates to sit for 30&younger 533 6A6% 306,younger i42 3.as% operator certification.6.,afiis,what is lacking 31-40 ii92 14.44% M40 =3 15'56% are concerted efforts to expose more people to 41.50 2171 26.30% 41-0 2145 37•79yO 5i-60 3062 37.09% 5160 1913 3370% the range of jobs in the water industry to in- 61-70 n-fit70 1125 14.47% 61-70 474 8.35% terest them in making the investment of time 71-60 94 1.14% 71.90 55 QXIA to embark on one of the many careers in water .: M older 9 0.11% 8%older 14 025% elicchanical;electrical,operations, 92% 5676 (electronics;mep administratltie, financial,etc.) The following 3'o acrme of fhM 30 and yaunger art several ptomtSlD.g models that warrant fLLT- - 6.4%hiaeae of these 61 and older ther studi-and sharing of results. Youth in Environment program rm-Z - _ ` This is an U.S.Environmental Protection _ _- ---.--- _ - _-- ------ -------— agency(EPA)program that focuses on intro- (Courtesy of Florida Department of Environmental Protection Operator Certification Program) ducing economically disadvantaged inner city 14 May 2016 • Florida Water Resources Journal and rural youth to career opportunities in the environmental field.The program promotes Quick Facts:Water and Wastewater Treatment Plant andstem environmental education and provides high SY Operators school students with increased awareness of protecting the environment and water quality $44,100 per year within their own communities.The EPA has 2014 Median Pay $21.20 per hour partnered with New England Interstate Water Pollution Control Commission,the Lowell Ca- reer Center,and the Lowell Regional Waste- water Utility in placing four to five high school Typical Entry-Level Education High school diploma or equivalent and college students at the utility at several "stations"(laboratory,pretreatment,mainte- nance, process control, etc.) on a rotational Work Experience in a Related Occupation None basis so that they are exposed to some of the many facets involved in the proper operation of a wastewater treatment plant on an every-- On-the-iob Training Long-term on-the-job training day basis.The students also participate in field trips related to science and water quality,along with college career counseling. Number of]obs,2014 117,000 (http://%+nfftv.epa.gov/o,tvnVmab/smcomm/you th.htm and http:/A"vw.neiw-pcc.o%a/yep/) Job Outlook,2014-24 6 percent(as fast as average) Water Boot Camp This is also an EPA initiative to get more people into the water workforce.During the Employment Change,2014-24 7,000 summer, local high school students are ex- posed to potential careers within the water in- dustry during a two-week course held in (Source.U.S.Bureau of tabor Statistics,Occupationol Employment Statistics Bridgeport,Conn.At the end of the two weeks, hitp.-Il A-,•bls.gov/ooh/production/water-and-wastewater-treatment plant-and-system-cpwwors.hfm f, students received a certificate from EPA.The boot-camp curriculum was based on a course called,"Water and People"developed by the Connecticut Section of AWWA. There are plans to offer it in the Boston area in the near What Skills,Experience,and lege,and this type of training suits those who future. Knowledge are Needed learn best by"doing."Operators working at to Break Into This Business? larger and more complicated treatment plants Pre-Engineering Outreach will need to learn additional skills,alternating The Greater Lovell Technical High School, Education between operational troubleshooting,budget- New England Interstate Water Pollution Con- A high school diploma or equivalent is re- mg,and a whole range of other management- trol Commission,and others are partnering to quired to become an operator.Employers may related skills. encourage student engineering, including prefer applicants who have completed a cer- wastew�ater operations, in a"Pre-Engineering tificate or an associate's degree program in Licenses and Certifications Outreach" effort currently being developed. water quality management or wastewater treat- ©Aerators are licensed y the state in (hrtp:l/tt7wzvskill-works.org/documentVDrink- ment technology because this track of educa- which they work and standarby ds vary widely. ingWaterandWasteumterReport -,veb_-May2012. don minimi7-es the training a worker will need State licenses typically have levels that indicate the operator's experience and training. Al- pdf) once on the job.Community,colleges,techni- Several colleges around the U.S.have pro- cal schools,and trade associations offer these though some states will honor licenses from grams,certificates„and degrees to prepare Stu- certificate or associate's degree programs. other states, operators who move from one dents for a career in drinking water,and related state to another may need to take a new set of exams to become licensed in their new state. websites include: Training 4Ne+•+Mexico.http:l/newme icojc,augu Long-term on-the-job training is neces- soft.net/index.cfm?method=ClassInfo.Class sary to become fully qualified.Trainees usu- advancement Information&int_class_id=293118dnt tat- ails- start as attendants or operators-in- dost states have multiple levels of li- egory_id=30&-int_sub_categorf id=221 training and learn their skills on the Job under censer far treatment plant and systems opera- 4 Florida:http:!Icatalog.fgc,edu/preview, pro- the direction of an expzrienced operator. tors. Each increase in license level allows the gram.php?catoid=1$cpoid=63Rreturnto=39 1wluch of the learning is done by observing and operator to control a larger plant and more 4 Illinois:http:/?+tip+rtiv.siue.edu/ertc/ doing routine tasks,such as recording meter complex processes without supervision,Op- o California:http://-,vi%,iv.cm��maca.edu/acad- readings,taking samples of water,and doing - tors,oho have the highest certification lev- eniics/departments)-,+rdvtr/default.aspx simple maintenance and repair work on plant els take on additional responsibilities and may i Internet Clearinghouse for+eater and waste- equipment.This hands-on approach to learn- work as shift supervisors in charge of large water operator training:http:i/wateropera- ing may appeal to those not suited for class- teams of operators. In addition, the higher tor.org/operator-training-prograins interisnie programs. For example, not certification levels provide opportunities for everyone will want,or can afford,to go to col- Continued on page 16 Florida`Nater Resources Journal - May 2016 15 Continued from page 15 ---' ' - higher rates of pay.Advancement into util- Employment projections data for water and wastewater itv management usually requires a four-year degree or better,without treatment plant treatment plant and system operators, 2014-24 experience. Those experienced operators who succeed in obtaining advance college Prtojec Change, 2014-24 degrees bring unique skills and abilities to ted a utility. (httpatwww.bls.gov/ooh/produc- tion/water-and-w astewater-treatment- Empib plant-and-system-operators.htm#tab-6) Occupational SOC Employme yment Title Code. tat, 2014 :,,2024 Percent Numeric ? Recruiting the New Worker f SOURCE: U.S. Bureau of Labor Statistics; Employment Projections program Several methods can be used to recruit Water and F new workers to the water industry: wastewater treatment 'I1 117,0001124,00011 6i' 7,0001# Traditional Recruiting Methods plant and I 8031,; �1 !; i1 � 6 Newspapers ' system 4 Professional trade journals 1i �1 ' i Word of mouth operators 4 ! 6 Internal promotions ♦ Posting lists on a bulletin board (Source:Bureau of tabor Statistics, U.S.Department of labor,Occupational Outlook Handbook, 2016-17 Edition, Water and Wastewater Treatment Plant and System Operators; on the Internet at 21st Century Recruiting Techniques htip:/jwww.bis.gov/ooh/production/water-and-wastewater-treatment-plant-and-system-operators.htm; s School career services office visited Feb. 16,2016) + ♦ Social media, including Twitter, Face- book,and LinkedIn 6 Job posting websites Pass . . Outreach Exam Recently,there have been efforts to pur- posefttIly reach out to local middle schools, high schools,and colleges.Examples of out- reach efforts include Career Exploration Days, Florida Section AWWA (FSAWWA) Model Water Tower contests, shadowing, DW WW D5 summer internships,and the Great Ameri- - --.-� can Teach-In. 34% A 49% 1 { 46% - -- _r_ 38% _ B _ j 45% 2 58% Job Outlook A growing population and increased 52% C ' 55% 3 + 57% demand for water and wastewater treatment services will continue to drive employment 65% D 50% 4 N/A growth for operators,which is projected to grow 6 percent from 2014 to 2024,about as fast as the average for all occupations.Pop- ulation growth, particularly in suburban areas,will require nem plants or increased DW W:Drinking Water Operator,W Wastewater Operator,DS:Distribution System Operatorcapacity at current plants,and new operatorjobs will be created. (Courtesy of FDEP Operator Certification Program) New regulations often require plants to install new systems or features that opera- in California,during September 2015,of those sitting for the state licensing tors need to control.However,as plants be- examinations,57 percent passed the drinking water treatment exam and come more advanced, with automated 60 percent passed the distrilaution system operator exam. systems to manage treatment processes, fewer workers may be needed. Although • (htip://www.wawr6oards.co.gov/drinking_water/cergic/occupations/document/opcert/2015/ some work can be automated, plants will wF exam_resuhs.pdf still need skilled workers to operate increas- • http://www.waferboards.co.gov/drinking water/cerdic/occupations/documents/opcert/20]A/ ingly complex controls in water and waste- wclexam results sept2014.pdf) water systems. Cont*r ucd onpage iS 16 Nicty 2016 • Florida water Resources Journal Office of the Town Manager Interdepartmental Memo a�iNono*__ DATE: August 26, 2016 TO: Mayor & Commissioners FROM: Beverly M. Brown Town Manager RE: Notice of Retirement Please accept this letter as my Notice of Intent to Retire on or before December 2, 2016. 1 feel this time line will provide you sufficient time to advertise, interview, hire, and allow that person the opportunity to give an adequate notice to their employer before beginning his/her tenure with the Town of Highland Beach. This also provides time for me to share a guideline of approved projects on the books and communicate the history of the policies and procedures now in place with the new Manager. If additional time is required, I would be willing to provide whatever services needed on a consultant basis. I would like to request the ability of purchasing my iPad and to be compensated for all accumulated leave to date. Thank you for the privilege of serving the residents and employees of the Town of Highland Beach.