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2016.09.06_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION REGULAR MEETING September 6, 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; Interim Town Manager Valerie Oakes; Deputy Town Clerk Lanelda Gaskins; Finance Director Cale Curtis; Library Director Lois Albertson; Public Works Director Ed Soper 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 Deputy Town Clerk. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman called for any additions or deletions to the agenda. Vice Mayor Weitz requested to add the retirement letter from Town Manager Brown on the agenda as the first item under New Business for discussion (Item 7A). He questioned why this was not placed on the agenda when it was requested at the last meeting by the Commission and said that it should be discussed at this meeting. Interim Town Manager Oakes — I was directed by the Town Manager to add to the agenda the agreement that was drafted, I would assume, between her and Torcivia's office. Vice Mayor Weitz asked that the item that was listed as Commission to Authorize the Mayor to sign the Town Manager's Retirement Agreement as Item 7A, be removed from the agenda. He advised that he received a retirement letter from the Town Manager. It is a normal personnel action. This Commission never discussed or authorized any legal person to draft an agreement letter for Ms. Brown's retirement. It is the Commission that has to authorize such an action, not personnel of this Town. This should not be on an agenda at the current time. I have been advised by outside attorneys that this type of letter is only drafted when there is an adverse personnel action against an employee and that employee and the Town wishes to compromise and come to some type of agreement. There is no adverse personnel action on the floor. This is the retirement of a long term, productive hardworking individual who served this Town well. This letter is intended to get us to discuss openly Town Commission Regular Meeting Minutes September 6,2016 Paze 2 of 17 issues around the pros and cons of the Town Manager's performance and that is not the issue. We have no issue around either a termination or a vote of no confidence. If we get into a discussion with respect to any and all of those issues in that agreement contract, we are putting ourselves into a Trojan Horse situation where we are being sucked into a supposition and an indication that somehow a vote of no confidence. This agreement is only going to add to internal conflict, strife and confusion amongst this Commission and staff as to the status of our Town Manager currently. There is no agreement to retire. Everyone is aware that Ms. Brown has an employment contract with this Town which covers issues around separation and retirement. Interim Town Manager Oakes asked that Item 7B, under New Business, be removed from the agenda. Commissioner Feldman asked to add to the agenda as Item 7D, Under New Business, discussion regarding changing the code for boat dockage use. Hearing no further additions or deletions,the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REOUESTS: Dr. Melissa Ebbs, 1113 Russell Drive—I am concerned about the unionization of our Town employees and fully support the Board in resisting unionization of our Town employees. I have personal knowledge of the HMO health plans that you have offered your employees and understand the employees concern with this type of plan and the additional money they would have to pay for a better plan. I am asking that you consider the impact these employees have with the increase in their health insurance costs and change in the plans. Tim Burnich,4505 S. Ocean Blvd.—I am Chair of the Code Enforcement Board and we had a meeting last week regarding a violation. The Board had to rule that the individual was in violation, which is how the law read. I am asking that this Commission take a hard look at this statute which does not allow you to rent out your dock or have someone use it for a prolonged period of time. Peggy Gossett Seidman, 4312 Intracoastal Drive — I feel that allowing someone to dock a boat anytime in Bel Lido is getting a little risky and do not want the code changed. There would be a great deal of wear and tear on seawalls and our waterways. There is a great deal of upkeep with a boat and I don't see why you would want to open up our Town to become a marina. Ann Roy, Bel Lido Isle — I don't see where we have a marina. We have private docks. (Read letter dated September 3, 2016 regarding the Notice of Violation into the record attached as Exhibit A). Edward Neidich, 4740 S. Ocean Blvd.—Regarding the code for boat docks,the Board might want to consider the definition of parking as opposed to long term storage. Each individual who spoke here today made very interesting statements. This is something that has to be Town Commission Regular Meeting Minutes September 6.2016 Page 3 of 17 looked into very closely. It is possible this current case may have to be appealed to a court over the head of the Code Enforcement Board. My purpose in speaking here is to urge each and every one of you is to consider what the legislative intent was for enacting this statute and look through that filter before you make a decision. 3. PRESENTATIONS: • Introduction of Police Officer By: Police Chief Craig Hartman Police Chief Craig Hartmann—I would like to introduce our newest officer Derek Santos. He was hired as a reserve officer and in that capacity he acted admirably and outstandingly. We are now hiring him as a full-time police officer. He is going to be a great asset to our department. (A brief description of his background and credentials were provided). 4. BOARDS AND COMMITTEES: Deputy Town Clerk Gaskins read Item 4—Boards and Committees into the record as follows: A) Board Correspondence: • None B) Board Action Report: • Deputy Town Clerk Gaskins read the Board Action Report into the record. C) Board Vacancies: • Code Enforcement Board (One Unexpired Term ending May 2017) D) Monthly Board Meeting: • Pre-Bid Meeting on Water Main Project—September 7th— 10:00 AM • Pre-Bid Meeting on Remineralization(Calcite) Project—September 7th—2:00 PM • Planning Board—September 14th—9:30 AM • Town Commission 1St Budget Public Hearing—September 14th—5:01 PM • Town Commission Workshop Meeting—September 27th— 1:30 PM • Town Commission 2nd Budget Public Hearing—September 27th—5:01 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 16-010—2°d READING AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER 12, "CONSTRUCTION SITES", SECTION 124, "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; Town Commission Regular Meeting Minutes September 6,2016 Paze 4 of 17 PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Deputy Town Clerk Gaskins read Ordinance No. 16-010 O into the record. Interim Town Manager Oakes — At the last meeting the Commission determined that you wanted to add the word "dark" before green and that change has been made for your review and discussion. Mayor Featherman opened the Public Hearing. Hearing none, Mayor Featherman closed the Public Hearing. MOTION: Commissioner Stern moved to adopt Resolution No. 16-010 O on the 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. B) ORDINANCE NO. 16-0110—1sT READING AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2E, "SIGNS AND ADVERTISING", TO MODIFY ITS SIGN CODE IN ORDER TO COMPLY WITH THE RECENT SUPREME COURT DECISION; PROVIDING FOR CODIFICATIION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Deputy Town Clerk Gaskins read Ordinance No. 16-0110 into the record. Interim Town Manager Oakes — The proposed changes are based on a recent Supreme Court case regarding temporary signs and how content neutrality is determined. Up until the Supreme Court decision, sign codes provided for regulations referring to different classes of temporary signs, such as real estate, construction, political, etc. The Supreme Court ruled that regulations of this type are no longer permitted. Thus the proposed ordinance is designed to treat all temporary signs the same, regardless of whether the sign is a political, real estate, construction type of sign. Therefore, the major changes to the code are as follows: A) certain types of signs are exempt from permitting requirements, such as flags, nameplates, 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 Town Commission Regular Meeting Minutes September 6,2016 Paee 5 of 17 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 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. If these changes are adopted one of the biggest changes will be the increased size allowed for real estate signs,where they are currently 1 foot by 1.5 feet,they can now be 2 feet by 3 feet. MOTION: Vice Mayor Weitz moved to adopt Ordinance No. 16-011 O on the I' Reading. Motion was seconded by Commissioner Feldman. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Feldman - Yes Commissioner Stern - Yes Commissioner Zelnike - Yes Mayor Featherman - Yes Motion carried 5 to 0. 6. CONSENT AGENDA: Deputy Town Clerk Gaskins read the Consent Agenda into the record. A) 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. B) Commission to Authorize the Town Manager to Execute an Agreement with Guardian for Dental Insurance C) Commission to Authorize the Town Manager to Execute an Agreement with Guardian for Vision Insurance D) Commission to Authorize the Mayor to Execute Amendment #3 to the Tower Siting Lease Agreement with Sprint E) Commission to Authorize the Mayor to sign Consent to Agreement between Mathews Consulting, Inc.to Baxter& Woodman, Inc. Town Commission Regular Meeting Minutes September 6,2016 Paae 6 of 17 F) Commission to Authorize 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 G) 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. IT) 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 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 regarding the Town Manager's Retirement Letter Vice Mayor Weitz — This letter has to do with the notification to this Commission about the pending retirement of Town Manager Beverly Brown on or before December 2, 2016. MOTION: Vice Mayor Weitz moved to accept the retirement letter of Beverly Brown to retire on or before December 2, 2016 as informed to this Commission by letter. Motion was seconded by Commissioner Zelniker. Commission Discussion: Commissioner Feldman — I would like to add to the letter that we offer the iPad to Beverly Brown and not have her pay for it. I would also ask that we pay her the longevity pay and any of the time due her for the remainder of the year. Commissioner Stern—Regrettably I have to go along with my fellow Commissioners and thank the Commission for giving her the benefits that are due her. Commissioner Zelniker—I agree. I wish her luck in her retirement. Interim Town Manager Oakes — Are we requesting that she receives all accrued time or what is per the rules and regulations? I believe you had agreed on all accrued time, but I would like that to be specific in the motion. Comm. Feldman — Is there a difference in the amount of pay? Town Commission Regular Meeting Minutes September 6,2016 Page 7 of 17 Finance Director Curtis—Under the rules and regulations after ten years of service you are paid 50%of your accrued leave bank. It is my understanding that the Commission is approving 100% of that leave bank and it amounts to somewhere around 120 hours. Dollars wise, at her rate of salary, the difference would be somewhere around $6,500. Comm. Feldman — Is that accrued of all her years or just the present year? Fin. Dir. Curtis—That is what she has accrued over the years and what she has in her available bank of sick leave. She has about 240 hours in there. Comm. Feldman—I agree with that. Town Attorney Torcivia — The reason for the agreement was to put these items that you are agreeing on in writing. If you look at the agreement, it lays out the items a little bit beyond what she is entitled under her contract. The reason I put it in the form of a separation agreement is to protect the Town. Even though it is not adversary, usually when a client is going to provide additional benefits to someone, I like to see the Town get a release so there is no exposure for the Town. Vice Mayor Weitz — That item was removed from the agenda and should not be discussed at this time. We can discuss separate benefits, and I do not want to get into a discussion about that agreement. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Commissioner Stern - Yes Mayor Featherman - Yes Motion carried 5 to 0. Vice Mayor Weitz—I will make a second motion based on my review of situations in government between the period when someone retires or leaves office and a replacement is found. MOTION: Vice Mayor Weitz moved that the Commission accept Beverly Brown's retirement as of this date. In order to make it fair and equitable she receives all pay, health benefits, allowances and provisions that she is entitled to through December 2nd The issue is this Town needs to move forward and move forward with a search committee with a positive and fair selection process. Any delay at this time would produce dissention and difficulty for this Town. Motion was seconded by Commissioner Zelniker. Commission Discussion: Commissioner Feldman—We should authorize Town Clerk Oakes to start a search immediately and authorize whatever the cost may be to do so. Town Commission Regular Meeting Minutes September 6.2016 Page 8 of 17 Commissioner Stern - Are you asking her to leave now, or are you waiting until December 2nd? Vice Mavor Weitz - My motion was clear. I mean as of this date. This will be the last day of her employment. Her letter said on or before December 2nd and I see no reason why we would wish to delay her retirement. We have personnel in place to carry on the duties, and we have a procedure for moving forward. Anyone sitting on this Commission could already take a look at the attitude and the behavior that might not be productive to this Town if this motion isn't approved. Commissioner Stern - I think you are doing this Town harm if you do not have a manager in place until you find a replacement. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Commissioner Stern - No Mayor Featherman - Yes Motion carried 4 to 1. MOTION: Commissioner Feldman moved to appoint Valerie Oakes as Interim Town Manager while the Town goes forward with the search for a new Town Manager. 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. At this time,no salary adjustment was made. A) Commission to Authotize the Mayor to Sign Town Manager's Refir-emen Agr-eemen This item was removed from the agenda. B) Town Commission to Authorize a T-Fansfer-fim-M- C-A-a-tingeney to Aeeount#001 590 000 599.000 in the amount of$4,512.00 for-eost of an Upgrade in the Seettrity System at the UbFspy This item was removed from the agenda. Town Commission Regular Meeting Minutes September 6,2016 Page 9 of 17 C) Mayor Featherman—Invitation of Labor Attorney This item was discussed under Item 8C. D) Discussion on Changing the Boat Dock Usage Code Commissioner Feldman—If someone owns a home on the Intracoastal or a canal, they have to maintain the dockage, seawalls, etc. I don't think we have the right to deny someone having a friend dock their boat there. If there is a condo association or homeowner's association, does that supersede the code? Town Attorney Torcivia — That could be in addition to your code. Comm. Feldman — In the case of Ann Roy, I would like to hold off any fees associated with this matter until we look into this further. Town Attorney Torcivia — Since the Code Enforcement Board is a separate quasi-judicial board and they made the ruling, I would suggest you refer this back to them and request that they provide additional time for her to comply. Comm. Feldman — I would like this to go back to the Code Enforcement Board to settle this situation. Vice Mayor Weitz —This Town does not want to engage in expensive litigation when there should be a way to compromise and resolve the situation. The Code Enforcement Board made a reasonable decision based on our code. I believe our attorney should review what options we have so we can try to resolve this equitably. Commissioner Zelniker — Before we make any decisions or go any further regarding changing this code, we need to obtain legal information and have a discussion later in the year when there are more residents in town so they have a right to voice their opinion. 8. MISCELLANEOUS ITEMS—LEFT OVER: A) Appointment to the Planning Board (3-year term beginning Oct.2016) Interim Town Manager Oakes —At the last meeting the Commission interviewed five applicants for the Planning Board position. I am passing out ballots for you to vote, sign, date and return to me. Deputy Town Clerk—There are four votes in favor of Elyse Riesa. MOTION: Commissioner Feldman moved to appoint Elyse Riesa as a member of the Planning Board. Motion was seconded by Commissioner Zelniker, which passed unanimously. Town Commission Regular Meeting Minutes September 6,2016 Page 10 of 17 B) 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 Interim Town Manager Oakes — We discussed this at our last meeting. Behind the resolution is an exhibit with the listing of all these items and I believe some of the Commissioners were not in favor of the gift cards. Commission Discussion: Commissioner Zelniker — There are certain expenditures that the Inspector General (IG) had said were not of taxpayer money use. We are paying with taxpayer money for gift cards for every employee's birthday and a Publix gift card for Thanksgiving. We have an incentive program for our employees who go above and beyond. There is money in the budget for this. I would suggest we omit those two items from the resolution. Commissioner Feldman — We are not talking about added benefits to the employees. The IG said that in order to do this you only have to have a resolution that you accept this as a public purpose. I would like to see all items on that list past in this resolution including the birthday and holiday gift cards. Commissioner Stern — I agree with Comm. Feldman. As long as our attorney has prepared the proper paperwork, we are totally within the limits legally. Nothing on this list should be removed. Vice Mayor Weitz—There was a complaint to the IG about the use of gift cards to our employees. There were no criminal findings but gave us some guidelines to abide by. One was that public funds must be used for the benefit of the public. It is up to the Commission to decide what is legal, has a public purpose and this resolution would protect us. Many items on this list have a clear public purpose. The two items, birthday gift card and holiday gift card, are not. It comes to approximately $7,000 total and is coming out of public funds. I am not in support of this. MOTION: Commissioner Feldman moved to adopt Resolution No. 16-005 R. Motion was seconded by Commissioner Stern. ROLL CALL: Commissioner Feldman - Yes Commissioner Stern - Yes Commissioner Zelniker - No Vice Mayor Weitz - No Town Commission Regular Meeting Minutes September 6.2016 Page 11 of 17 Mayor Featherman - No Motion failed 2 to 3. Commissioner Feldman — Since this resolution did not pass, all items on the list are rejected. How do we move forward? MOTION: Vice Mayor Weitz moved to accept Resolution No. 16-005 R as written with the removal of the birthday and Publix gift cards. Motion was seconded by Commissioner Zelniker. Commission Discussion: Commissioner Feldman — Doing small things could be better for us, and doing big things could be better for us and the whole Town. When would the removal of the gift cards go into effect? Interim Town Manager Oakes — I would imagine the new fiscal year beginning October 1St because you are entering the new budget. We are in budget the middle of budget process, and if this resolution were to pass, we would have to eliminate the line items for the gift card purchases from the budget. The change would go into effect in the new fiscal year as we are entering into the new budget. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Stern - No Commissioner Feldman - No Mayor Featherman - Yes Motion carried 3 to 2. C) Town Attorney's Proposal to Engage a Labor Relations Attorney Interim Town Manager Oakes — At the last meeting you interviewed Attorney Jeff Pheterson. In the agenda packet, you will find a Standard Agreement for Legal Services with the firm Ward Damon,PL for your review and discussion Commissioner Feldman — Can we do this without getting competitive bids? Town Attorney Torcivia—Yes,professional services are exempt. Commissioner Stern — I was impressed with the presentation at our last meeting and I think we should move forward with signing this agreement. Vice Mayor Weitz — I also agree that we should move forward and sign this agreement. Does this contract have a certain time frame? Town Attorney Torcivia— The terms of this agreement shall be open ended with the parties retaining the right to terminate within 15 days' notice. Town Commission Regular Meeting Minutes September 6,2016 Paae 12 of 17 Commissioner Zelniker— There is going to be a meeting on September 22nd and need to have a lawyer represent us so we can be prepared. We need to act on this immediately. MOTION: Commissioner Zelniker moved to authorize the Mayor to sign the Standard Agreement for Legal Services with Ward Damon, PL. Commissioner Stern seconded the motion. Town Attorney Torcivia — If you are going to retain Mr. Pheterson, I would suggest you meet with him individually to discuss what your position is with regard to whether or not this is an appropriate list of job titles, and whether or not it is the right bargaining unit. That is the purpose of the September 22nd hearing. It is a limited hearing to determine the proper composition of the bargaining unit. After that meeting, Mr. Pheterson will keep you informed of the next steps. ROLL CALL: Commissioner Zelniker - Yes Commissioner Stern - Yes Commissioner Feldman - Yes Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 5 to 0. D) Commission to Authorize the Revisions to Article VI-Insurance of the Personnel Rules &Regulations Interim Town Manager—Revisions were made to Article VI-Insurance of the Personnel Rules &Regulations. The revisions include added language that provides for offering dental and vision to all full-time eligible employees and deleted language that provides for monthly allowance stipend that is paid into certain employees 457 Deferred Compensation Account. MOTION: Vice Mayor Weitz moved to accept the revisions to the Personnel Rules and Regulations. Motion was seconded by Commissioner Stern. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Stern - Yes Commissioner Feldman - Yes Commissioner Zelniker - Yes Mayor Featherman - Yes Motion carried 5 to 0. Town Commission Regular Meeting Minutes September 6.2016 Page 13 of 17 E) Commission to Authorize the Mayor to Sign the First Amendment to Professional Services Agreement with SAFEbuilt Florida,LLC Interim Town Manager Oakes—This agreement was brought before the Commission at the last meeting. The following were some items that were discussed: 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. We are still utilizing their code enforcement services until we hire our own full-time permanent employee. Planning&Zoning Consultation: Changed title to Planning/Zoning Services and revised services; Fee Structure: Revised in accordance with recently adopted Resolution. This is the agreement SAFEbuilt has agreed to. Commission Discussion: Vice Mayor Weitz—This is a reasonable agreement, and we need to move forward. Commissioner Zelniker—I am not very happy with SAFEbuilt. I feel it is beneficial to the Town to have our own Building Official and Code Enforcement Officer. Commissioner Feldman—Commissioner Stern gave us a cost comparison between having our own Building Official and outsourcing. The figures showed we are better off with outsourcing this position. I still believe we need a Code Enforcement Officer. I am in favor of this agreement. Commissioner Stern—At this time, SAFEbuilt does help us and keeps our building permits going very smoothly. This Town gets very good service. We also approved hiring a Code Enforcement Officer and we should start this search as soon as possible. MOTION: Commissioner Feldman moved to authorize the Mayor to sign the contract with SAFEbuilt. Motion was seconded by Commissioner Stern. ROLL CALL: Commissioner Feldman - Yes Commissioner Stern - Yes Commissioner Zelniker - No Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 4 to 1. Town Commission Regular Meeting Minutes September 6,2016 Paye 14 of 17 9. REPORTS—TOWN COMMISSION: A) Commissioner Zelniker — I want to welcome Derek Santos to our Police Department and thank him for his public service to our country. B) Commissioner Feldman — There are some items I would like to see on the next workshop meeting for discussion. o Employee Performance Evaluation — We have to give them a way of earning more by doing more. We worked on an incentive plan that has not gone through yet. There is a way we can work this out. o Gap Insurance — This gap insurance gives each employee $1,000 per year to use towards deductibles and copays. o Gift cards and holiday cards — I was hoping this would be voted on but it was not. We need to find a way to get more with the employees,their needs and their desires. o Education Bonus—We eliminated that and I was in favor of doing that. We have to come up with some way for a better employee evaluation so that the employees could do more. We want the employees to feel like they are a part of us. I would make a suggestion that the employees form a committee and meet with the Commission once a month so they can tell us what their desires are; good, bad or indifferent. We instituted a PTO program (Personal time off) and after reviewing it and seeing some of the drawbacks, we will have some problems with this program. We need more employee interaction. C) Commissioner Stern—I have received many phone calls regarding Channel 99 and the problems the residents are having viewing our Commission meetings. Comcast is changing their lines on the poles and this problem may continue for some time. Finally, we are almost ready up and running with the U Verse for AT&T. D) Vice Mayor Weitz — On behalf of the Commission, I want to extend my deepest condolences to a friend and longtime resident of Highland Beach and his family on the passing of his wife. Vice Mayor Weitz addressed an article in the Coastal Star written by Rich Pollack that referred to comments he made at a Commission meeting. He defended his comments by addressing each one. The article stated that some Town employees were bothered by his continuous use of the term waste, fraud and abuse to discuss the need for benefit reduction. We eliminated the education incentive program which gave bonuses to employees who had degrees when a degree was necessary for that position. The deferred compensation plan was also eliminated because two-thirds of the people receiving that money did not meet the criteria. These were not benefit reductions. It was money that was taken away over the years that was buried and misused. Secondly,there was a statement made by an unidentified employee that stated employees would drop plans to form a union if the current employees were exempt from many of the current changes. They should apply only to new employees. Vice Mayor Weitz felt that this employee was basically saying that this is nothing more than a power play for greed. This is not protecting other employees who may come aboard. Town Commission Regular Meeting Minutes September 6,2016 Page 15 of 17 They have the same fair labor practices. If you do not call this waste, fraud and abuse, them what would you call it; greed? E) Mayor Bernard Featherman — I want to commend the Code Enforcement Board for the great job they did at their last meeting. 10. REPORTS—TOWN ATTORNEY GLEN TORCIVIA: We were instructed to work on a PTO policy and we have started doing so. In light of what Commissioner Feldman said, should we stop working on this policy and not spend the time and money until you have the discussion at the next meeting? Commissioner Feldman — I know we voted on it, but I would like to bring it up at the workshop for further discussion because I was not aware of many of the parameters that came forth when we voted for it. Vice Mayor Weitz — We voted on this, and there are issues with PTO in terms of implementation. The attorney should work on it, present it to us and then we can make the appropriate modifications. Commissioner Feldman — The one thing we did not consider was the personnel rules and regulations. We would have to change the personnel rules and regulations then to comply with this PTO. Town Attorney Torcivia — We will continue to work on this and give you some type of framework for discussion at the next workshop meeting. 11. REPORTS—INTERIM TOWN MANAGER VALERIE OAKES: • Commissioner Feldman requested that two items be added to the next Workshop Meeting agenda; employee performance evaluation and the structure of the staff committee as to how they would present their information to the Commission. Consensus was to add these two items to the agenda. • Our Mayor was appointed to the Florida League of Cities Member of the Finance Taxation and Personnel Committee. This committee will work with other members to discuss the many issues facing our cities that will come before the Legislature during the 2017 session and decide upon a policy direction for the Florida League of Cities Legislation efforts. • We received many applications for the Code Enforcement Officer and hope to start interviewing soon and be able to hire a full-time Code Enforcement Officer. I will start advertising the position of Town Manager as soon as possible. Commissioner Feldman—We would like to review the top twenty resumes that you have received. Town Commission Regular Meeting Minutes September 6.2016 Paae 16 of 17 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Tim Bumich, 4505 S. Ocean Blvd. — I would hope the Code Enforcement Board will be advised in a timely manner if we are to review our last decision made at our last meeting. Town Attorney Torcivia — It is up to the applicant to request if you would reconsider your ruling and grant her more time. If she makes that request, there will be a Code Enforcement meeting. It is ultimately up to the Board if they wish to grant that extension of time. Tim Burnich — If someone is to go before the Code Enforcement Board, no testimony can be presented to the Board prior to the meeting. We are a judicial board and are only allowed to listen to the evidence given at the meeting. Ann Roy, Bel Lido Isle — I am not bound by the laws of the Homeowner's Association. I thought this Commission had the authority to give me the extension I am requesting. Town Attorney Torcivia—This Commission has the authority to change the law, which could take two to three months. The law today is what is written in the book. The Code Enforcement Board has interpreted that you are in violation and has given you 30 days to comply. You have to request a hearing with the Code Enforcement Board to ask for an extension of time which would give the Commission time to see if they would want to change that law. It is up to that Board whether or not they would grant this request. Ann Roy— I am requesting a hearing with the Code Enforcement Board to grant me an extension of time. Peggy Gossett Seidman, 4312 Intracoastal Drive — I have appeared here many times as a spokesperson for Bel Lido and am encouraging people to contact you directly. If you want to look at the code I am requesting that you look into who would be docking a boat and their credentials. Ed Neidich, 4740 S. Ocean Blvd. — I am not sure if the case that appeared before the Code Enforcement Board should have been brought before this Commission since their decision is binding. It should have been directed to the Circuit Court of Appeals in West Palm Beach. 13. ADJOURNMENT: Mayor Featherman called for a motion to adjourn the meeting at 4:06 PM. MOTION: Vice Mayor Weitz moved to adjourn the meeting at 4:06 PM. Motion was seconded by Commissioner Stern,which passed unanimously. Town Commission Regular Meeting Minutes September 6.2016 Page 17 of 17 APPROVED: 0 Bernard Featherman, Mayor Carl Feldm issioner William Weitz,Vice Mayor Lou s Stern, Com tssioner '1 6 r od Zelnik om issioner ATTEST: Ua&-,,,; L&,— Ko�e-m�e r ('p Valerie Oakes, CMC Date Town Clerk 4391 Tri Detre Bel Lido Ide I1�gfi>secl Beach,FL 33487 4301 TT=gw- ty Drive Bol Lido isk TIM-ILIL—ABah,M3..W Ann Roy September 3,2016 Town of Die land Beach Mayor Berard F Caoners Town Manager,Beverly Brown Re:The Notice ofViolafion I received regneding my beat dock: Re.-The Code Eri i Board's decision to fore me$250.00 per day if 1 don't rive my ndgbbor and friend,Dr.Ka rbitt's boat ficin my dock widiin 30 days franc 8-31-2016.I ase you to Ply stay the S250.000 a day fine for the following reasons: 1. I bdicvc the damson was plc and inVroper since it was made by Code Eaforoemeat Members without their being properly prepared or familiar with the information and codes they made their decision about a,)They`ADMITTEDLY'did not f wiffiwiae themselves with the informWon that with eonsidend m of the time they would need to do so I timely providedihm with the 1972 and 2000 Codes and other perhnent Exhibits and mon which they receival but said they did not read. b.)To make makers worse one Member made his decision witbogrtkxiowingwhatthe 1972 and 2000 Codes state when he made his doc�on about them. He in� y stated at the Meng of 8-31-2016 that both the 1972 and 2000 Codes were"ill"when the fact is they are not only different btu if as he shod they are"identic ar a new Code vwonid not have been revaMen in 2000,nor a$250.00 a day fine for my being in violation of the 1972 Code whim I am in comphance with as I have been and zBowed for decades be re h,having bees made with misi�ormatia®. c.)Suet they admidedly did not prepare thmnsdves by reading the pertinent Fxh bits which inched ed the Codes or know And the Codes state,I consider ft reasonable for me to conchide the decision of a fine was prematurely and improperly made since they redly did not p:+epat+e fliemsehes with the Iacftor knopw The Odes#hey were voting about 2. 1 also fail to we haw Dr.Karma's boat rig at my dock fails to comply with the Godes propose and negatively affects the public health,safety,eom€ort,appearance, Conte,morals or genial wdffare of anyone cube vdoe of the land as stated is the pnrpoae of the Codes. Page 1 of 2 4301 Tranquility Drive Bet Lido Isle Highland Beach,FL 33487 Ann Roy August 31,2016 Town of Highland Beach Mayor Benard Featherman/Commissioners Town Manager,Beverly Brown Code Enforcement Officer Orlando Rodriguez Re:The Notice of Violation I received regarding my boat dock: I appreciate and thank you for your dedicated service to our Town and your time thoughtfiilness and wisdom for considering to rewrite than 2OW Code far docks,so it will be more reasonable. I would appreciate it if you consider my suggestion that it would establish and recognize that as an owner of a home and boat dock dig by precedent is grwHa t erect into and bound only by the Code that was in effect at the time the home and dock was built. It is my reasoning that at the time the home mei dock was built it was based upon the existing code and in effect is a contract as to the use allowed andd by precedent;i.e.decades of being allowed is proof of. Being ordered suddenly after decades to discontinue that use the 1972 Code established and impose restrictions that would stop it being used as it was built for acid has been allowed to be used for demos, I consider a breach of that established contract(i.e.the Code). - It has been suggested I can"get around"the 2004 Code by becoming a 1%owner in the boat. I don't want to set such a fit,thatt could be seen as my conceding what I have been assured is my legal right to remain bound only to the 1972 Code and would instead burden me with my having to"getaround"the newer Code which I do not accept as my being bound by,every time I choose to invite a relative such as my son,or fries to leave their boat at my dock as they have in the past,without a time limit,and without dictating their need to reside at my Dame for me to enjoy the boat outings I look forward to as I have always done and the reason we built a boat dock and I believe is rhe to expect to able to continue to enjoy. It is my hope that this matter can be resolved in time to prevent it from unnecessarily escalating and that this Board,whose members with cow have axpressed wanting to rewrite the 2000 ode to be more reasonable and compassionate,will somehow,in their wisdom,find a way to do so,hopefully,ASAP,which I would mate very much Sincerely Yours, Arm Roy Telephone:(561)276-7584 jC- qR 'Jar- Exhibit A The following shall apply to Town employees, elected officials, voluntary board members and residents. Water, coffee or other beverages for Commission and other board meetings Coffee, tea, other beverages and paper goods provided at Town Hall Food/refreshments/9ftwds for the following events or occasions: RerthdayS Retirements Holiday Event Board Appreciation Luncheon Emergency Events Training Sessions Town supported functions, such as the "Spring Fling"and "Light up the Holidays" Hosting Governmental Professional Organizations such as/but not limited to: i. League of Cities ii. City Manager Association iii. City Clerk's Association All of the above expenditures are subject to being included in the approved Town budget. • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Planning Board SELECT ONE (1): ❑ Barry Broder ❑ Al Giachetti ❑ Michael Kravit ❑ Warren Lewis xElyse Riesa Signature. HtdQtia,9i2�'�li - Date: • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Planning Board SELECT ONE (1): ❑ Barry Broder ❑ Al Giachetti ❑ Michael Kravit ❑ Warren Lewis Elyse IRiesa Signature: Date: • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Planning Board SELECT ONE (1): ❑ Barry Broder ❑ Al Giachetti ❑ Michael Kravit ❑ Warren Lewis Elyse Riesa Signature: Date: n o2-,o • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Planning Board SELECT ONE (1): ❑ Barry Broder ❑ Al Giachetti ❑ Michael Kravit ❑ Warren Lewis Elyse Riesa Signature: Date: �� 1, • vni • APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Planning Board SELECT ONE (1): ❑ Barry Broder )CAI Giachetti ❑ Michael Kravit ❑ Warren Lewis ❑ Elyse Riesa Signatur Date: i