Loading...
2016.09.27_TC_Minutes_Workshop i TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION WORKSHOP MEETING 1 Tuesday, September 27,2016 1:30 PM Mayor Bernard Featherman called the Workshop Meeting to order in the Town Commission Chambers at 1:30 PM. I CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz, Ph.D; Commissioner Carl Feldman; Commissioner Louis P. Stem; and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Interim Town Manager Valerie Oakes; Deputy Town Clerk Lanelda Gaskins; Police Chief Craig Hartmann; Finance Director Cale Curtis; Public Works Director Ed Soper, Library Director Lois Albertson and members of the a 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; hearing none the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS: Ann Roy, Bel Lido Isle read a letter dated September 121h addressed to the Commission, Town Manager and the Code Enforcement Department into the record attached as "Exhibit A." The letter referenced the Notice of Violation received regarding her boat dock. jRon Brown, 4319 Tranquility Dr. — The code, the way it is now stated, regardless of whether it is a friend or a relative, has a max of 60 days at the dock. There are many docks in Bel Lido and if we allowed rentals,there would be too many boats going in and out. We do not want the law changed. Edward Neidich, 4740 S. Ocean Blvd. — Ms. Roy's request to have her property grandfathered procedurally was improperly brought before this board because it does not pertain to other people. It pertains only to her and should be stricken from the record. Town Commission Workshop Meeting Minutes Tuesday,Seutember 27,2016 Pase 2 of 15 Edie Weiner, 4409 Intracoastal Dr. —My home was burglarized by individuals that came by boat and left by boat. This is a safety issue. We like to know who the boat owners are. We are not a rental marina. This individual no longer lives in our neighborhood and should rent a space in a marina. Please do not change the code. Allen Goldstein,4307 Intracoastal Dr.—I have a dock and a boat. If you add more boats for rentals, who is going to police how they are secured, especially during a hurricane. The biggest threat during a hurricane is boats being let loose. I experienced this happening during the last hurricane when a boat got loose and ran into my dock. There could also be a problem with parking and discharging. I am not in favor of having the code changed. Jerry Marshall, 1088 Bel Lido Dr. —If there is a code change and people are allowed to rent their dock, there will be a parking problem. They will not be allowed to park in the driveway and will park on the street, which is not allowed in Bel Lido. This is not a good idea. Penn Gossett Seidman — 4312 Intracoastal Dr. — There are two lakes in Highland Beach. The Bel Lido Bridge was the original Spanish River Bridge. There were only a few homes in Bel Lido when Ms. Roy moved in, and now we have 71 plus adjoining roads of 42. I am presenting you with a petition of 31 signatures who are opposing loaning or leasing out a dock. We will be getting more signatures. It is important that we enforce the codes. George Barlow, 1084 Bel Lido Dr. — I am in agreement with all that has been said so far. There is a beautiful showcase homes in Bel Lido and we should be looking to upgrade the code and not downgrade it. 3. PRESENTATIONS: • Palm Beach County Commission on Ethics Mark Barron, Executive Director of the Palm Beach County Commission— Investigator Abigail Irizarry is also in attendance. I wanted to meet with you today so that you can put a name to a face. Abigail Irizarry is here today because she will be the liaison for Highland Beach. The Commission on Ethics offers the following: o Training done live and on the web. o Handbooks which have been recently revised. o Filming of new shorts, which means if you have a question on a particular law, you can view just that particular item. o Advisory opinions. Our motto is to ask first; act later. Mr. Barron advised that their office is supported by ad valorem taxes, which means they are a service that is being paid for. Therefore, Highland Beach should use the service. Vice Mayor Weitz— How do you coordinate or communicate with the Florida League of Cities since we also get training and updates from them? Mr. Barron—Their requirement Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Paee 3 of 15 is new. If you attend the four-hour training offered by the Florida League of Cities, I am there to point out the differences between the Palm Beach County code and State code so you are aware of them. We count you as having completed your required training if you attend the training. 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) • Talent Bank o Melissa Ebbs, 1113 Russell Drive gave a brief description of her background and her credentials. She has been a longtime resident of Highland Beach, has seen many changes over the years and would like to serve the community. Consensus was to place the appointment of Melissa Ebbs on the October 5th Consent Agenda. o Re-appointment—(Term ending September 2019) David Stern, 2901 S. Ocean Blvd. #804 has been on the Code Enforcement Board for the past three years and would like to serve another three years and serve his community. Consensus was to place the re-appointment of David Stem on the October 5th Consent Agenda. D) Monthly Board Meetings: • Bid Meeting on Water Main Replacement—October 3`d — 10:00 AM • Bid Meeting on Remineralization(Calcite)Project—October Yd—2:00 PM • Planning Board Meeting—September 14th—9:30 AM • Town Commission Regular Meeting(date change)—October 5th— 1:30 PM • Town Hall Closed—October 10th—Observing Columbus Day • Town Commission Workshop Meeting—October 25th— 1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 16-0110—20d Reading Scheduled on October 5,2016 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 231 "SIGNS AND ADVERTISING", TO MODIFY ITS SIGN CODE IN ORDER TO COMPLY WITH THE RECENT SUPREME COURT DECISION; PROVIDING Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Page 4 of 15 FOR CODIFICATION, 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, 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, etc. 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 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; it cannot be moved nor can it 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. Consensus was to place Resolution No. 16-011 O on the October 5h Agenda for a 2"d Reading. 6. NEW BUSINESS: A) Commission to Authorize the Town Manager to Execute the Task Order Described herein by Issuing a Purchase Requisition to Matthews Consulting,Inc. in accordance with Town Purchasing Policies and Procedures Interim Town Manager Oakes — In 2009, Mathews Consulting, Inc. prepared a Preliminary Design Report for improvements to the walk path. The report consisted of schematic design plans and a cost estimate to replace the existing asphalt sidewalk with one constructed from concrete. Although the project did not advance beyond the preliminary design phase back then, it has remained a high priority item in the Strategic Plan. Over the last few years, the Commission has expressed a general interest in increasing the scope of this project to include aesthetic enhancements that match Highland Beach's small beach town appeal. As a result, town staff has negotiated a task order with Mathews Consulting, Inc. to update their original preliminary design plan. The update will also include a review and probable cost Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Pate 5 of 15 estimates for the addition of decorative pathway lighting at the intersections, decorative street sign posts, the provision of benches, trash cans, or other types of hardscape features and for the replacement of town monument signs "in kind" at the town limits. The goal of this task order would be to ultimately decide the scope of the final design and cost of the project so it can be placed on the March 2017 election ballot as a referendum item. This Task Order may be approved by the Town Commission under an existing agreement the Town has with Matthew's Consulting for professional engineering and architectural services. Commission Discussion: Commissioner Zelniker— It is a streetscape and I would like to go forward with these plans. I would like the streetscape and safety of the crosswalks included in the plans at the same time. Commissioner Feldman—As far as the crosswalks are concerned, we could have them as an addendum because the DOT (Department of Transportation) has more to say about that than we do. The original amount that we were asked to put in the budget and agreed to was $75,000. 1 would like to complement our interim Town Manager who did an excellent job because we now have a proposal drawn up for $29,000, which is a tremendous savings. I also want to thank Public Works Director Ed Soper for supplying us with the information we requested. Let's move forward with this so we can get it on our March ballot. Commissioner Stern — This project is long overdue. We do have a contract for $29,000. However, the referendum will be $1 million plus to do the job. I support moving forward as quickly as possible. Vice Mayor Weitz — This is a major project. I would like to commend our staff, Finance Director and Town Manager for their excellent work. I support this project because it is being done so the residents can understand the options available and the cost factor involved. Mayor Featherman — I agree with my fellow Commissioners and we should move forward. This item was placed on the October 5'Consent Agenda. B) Commission to Approve the Surplus of Vehicles Interim Town Manager Oakes — The Police Department is requesting that two current fleet vehicles #072 2007 Ford 500& #134 2013 Ford Explorer be declared surplus to allow sale as trade-in vehicles for the new vehicles purchased. Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Page 6 of 15 Commission Discussion. Commissioner Feldman — The paperwork we received stated the quote for a used vehicle trade-in. I recently discovered that by selling a car to a service in West Palm Beach, you can receive more money for that vehicle. Can this be done with a police vehicle? Police Chief Craig Hartmann—We have looked at that in the past. We have now found that with the dealership they pay for all the costs, strip the vehicle down, take out the emergency equipment and place the useable equipment into the new cars . We do not incur those costs. It allows us the flexibility to keep our cars in service until our new cars are ready. At this point, we do not anticipate having cars on for the next three years of budgets. Consensus was to place this item on the October 5h Consent Agenda. C) Commission to Approve the Purchase of Two(2)New Patrol Cars Interim Town Manager Oakes—Two Police Department patrol vehicles were budgeted to replace two existing patrol vehicles that will be removed from the fleet. The two vehicles that will be purchased are 2017 FORD Interceptor police package vehicles. Commission Discussion: Commissioner Feldman — Are we are working on the bidding and the purchasing under the blanket for Palm Beach County or with the State of Florida? Police Chief Hartmann— We can work under the state bid or we can piggyback off other contracts. We actually found a contract that is less costly than the state bid in the Town of Bartow. Consensus was to place this item on the October 5t'Consent Agenda. D) Discussion and Consideration of a Balloon Ban Mayor Featherman—We must protect our turtle population. I am suggesting we take a study before we make this an ordinance. Interim Town Manager Oakes This is merely for discussion and consideration This request came from the Loggerhead Marine Life Center to the Town Commission. The purpose of the Balloon Ban is to create partnerships to work proactively to decrease the amount of marine debris entering the ocean and keep the beaches clean. Deflated balloons resemble jellies, a common prey item for sea turtles. The balloons often end up in the ocean and can cause entanglement or can be ingested by sea turtles, marine mammals, and sea birds. Plastic ingestion is an issue that they treat at Loggerhead Marine Life Center. They will provide signage and educational materials at no cost to the Town. Recently an ordinance was passed in Lantana. Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Page 7 of 15 Before discussing possibly adopting an ordinance, there are three levels of participating in this balloon ban. o Level 1 —Either install signage or display educational materials. o Level 2—Either install signage and display educational materials. o Level 3 — Either install signage and display educational materials and adopt an ordinance. I asked the Town Attorney if we could place signage on the private beach. Town Attorney Torcivia—If they would agree,or otherwise we would be trespassing on their property. Commission Discussion: Commissioner Stem — I am not in favor of putting up signs, but I would support the fact that we could pass out materials indicating that turtles could be hurt by these balloons. Vice Mayor Weitz—I am in support of protecting our sea turtles, but these ordinances come from towns that have public beaches. Our beaches are private. We cannot do any regulatory actions on people who own private property. The correct action of the Town, in trying to cooperate in terms of the intent, is to continue to encourage our property owners and our condominiums for continuous and efficient cleanup. Commissioner Zelniker—This issue is not only for the sea turtles but for all wildlife. I do not think this Town has the right to impose something, but I do feel as a beach community we have the right to educate. This could be done through the library or perhaps an article in the Highlander. We need to educate our community. Commissioner Feldman — We could not enforce this ordinance. In the many years I have lived here, I haven't seen five people floating balloons on the beach. I do not see the balloon situation in Highland Beach being a factor that we even have to get involved in. Interim Town Manager Oakes—From the discussion, what I am hearing is that you do not want to move forward with an ordinance. We could place an article in the Highlander, not banning balloons, but just a notification to be aware of balloons, plastic bags and anything that is harmful to the sea life. We could put this information around Town,but not move forward with a balloon ban. j Consensus was to place an article in the Highlander as suggested by Interim Town Manager Oakes. l Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Paae 8 of 15 E) Discussion on Citizen Oversight Committee Regarding the Infrastructure Surtax Referendum Interim Town Manager Oakes — As you are aware, the infrastructure surtax referendum is being presented to the voters on November 8, 2016. If the referendum passes, each municipality will be required to have a citizen oversight committee, which shall review the municipality's expenditure of surtax proceeds. Each municipality has the option to either create its own Citizen Oversight Committee, or participate in an oversight committee created by the Palm Beach County League of Cities. The Town entered into an Inter-local Agreement (ILA) with the county and school board for the sales surtax distribution. The citizen oversight committee is governed by Section 5 of the ILA. Section 5 provides that your Citizen Oversight Committee must be created"as soon as possible after the surtax becomes effective,but not later than the date on which surtax funds are first expended." At this time, the Town Commission can discuss whether you want a local oversight committee, or if you want to rely on Palm Beach County League of Cities Oversight Committee. Commission Discussion: Vice Mayor Weitz — We are not sure if this will be voted on by the taxpayers. The issue here is whether we are going to monitor it locally or by using the Florida League of Cities. I want it locally 100%. The Florida League of Cities handles many large jurisdictions. It behooves us to maintain as much control over our own destiny as possible. Commissioner Zelniker — I would also like to keep it locally. We have a Financial Advisory Board and that would be a good place where they could use their good judgement. Commissioner Feldman —I feel this is a lobbying effort. They are bringing this to us to say vote for this because we are going to get a lot of money. It hasn't been on the ballot as of yet and they do not know if it will pass. If we had to do anything immediately, I would want it locally. Commissioner Stern—I agree with Comm. Feldman. It is a lobbying effort. If we are in line for any monies, I would want it locally. Comm. Zelniker's suggestion to use the Financial Advisory Board is a good one. Mayor Featherman—I agree with all our Commissioners. Interim Town Manager Oakes — I would have to check with the county to make sure we could give this item to the Financial Advisory Board. If that is possible and the referendum passes, this would be an assignment for the Financial Advisory Board. However, if not,then we will task our own Citizen Oversight Committee. I Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Pate 9 of 15 F) Discussion on Salary Adjustment for the Interim Town Manager r Commissioner Zelniker— We accepted the retirement of our Town Manager and now j have an acting Town Manager in place, Valerie Oakes. I refer to Section 5 for pay rates for higher skills, Page 40. I went back to the last acting Town Manager, and we had given that person $115,000 plus a stipend of$600 a month for her vehicle. I feel this should be retroactive to September 6TH- I want to apologize to Valerie Oakes, our Interim Town Manager, because this happened so quickly, and it should have been done right away. She is doing many jobs and wearing many hats and should be rewarded for all that she is doing. She is doing an excellent job. Vice Mavor Weitz—The rules and regulations specifies how long a person needs to be in the interim position and the increase they would receive. How long do they have to be in that position before they receive the higher level? Fin. Dir. Curtis — They must be in that position for 30 consecutive days. Vice Mayor Weitz — We have rules and regulations in place and should abide by them. I am in support of this. We have an Interim Town Manager, and she should be allocated for whatever rules we have in place. I Commissioner Stern—I am not sure if Valerie Oakes would want to become our Town Manager, but if she does not and if we do not select her, and we have someone who I takes over, what happens to her salary at the end of the hiring of a new Town Manager? Will she receive a bonus? Fin. Dir. Curtis— If the Commission decides to give her an interim pay during the management position, and we go through a hiring process and she is not selected, then her salary would revert to the salary she left. It would be up to the Commission as far as her receiving any type of bonus. Commissioner Feldman—I am also in favor of Valerie Oakes receiving the additional pay while she is Interim Town Manager. With respect to advertising for a Town Manager, I have talked with several people and they have indicated that this is not a good time of year to be looking for a new position. I would suggest we hold off with the hiring process until January 1St. If Valerie does not get the job as Town Manager, I do not feel she should receive a bonus for the time she put in because she was paid the extra money. In January of 2017,we can decide how we are going to move forward. Consensus was to increase the salary for Valerie Oakes while she is Interim Town Manager to $115,000 with a stipend of$600 for her vehicle retroactive to September 6'h. G) Discussion on Policy and Procedures of the Town Attorney Communication Process Commissioner Zehvker — While signing checks, I came across some items billed by our Town Attorney that I was not happy with such as the billing for telephone conversations with staff and the Sunshine Law presentation and ethics training. Town Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Page 10 of 15 Attorney Torcivia explained his reasons for the training. Comm. Zelniker did not feel Highland Beach should pay for this since he will be presenting this to other municipalities. Also, there should be a policy as to who can call the attorney and why since he is billed by the hour. Vice Mayor Weitz— I have a problem when this Town paid for a presentation on the Sunshine Law for our Commissioners by Town Attorney Torcivia, and the next day we were trained for four hours including this same program from the Florida League of Cities which was required. Why would we authorize such a payment? Town Attorney Torcivia—Based on a rumor concerning a member of this Commission being the subject of a State Attorney's investigation, I felt I had a duty and obligation to put you on notice. I would have been derelict in my duty if I did not come to you and give you a presentation that private emails cannot be used for public business. I would be happy to take off that time since it was only an hour. Vice Mayor Weitz — Based on my observations, I would implore that this Town not use our attorneys and other personnel for particular individual actions that may impact solely for political or other purposes. Attorneys and time cost money. I also want to implore the newspaper. I have no problems with the press, but not utilizing external events for political purposes. If someone had an issue around an email, then you should talk to that person. Do not give the same presentation that we received the next day. I appreciate that the intent was positive, but this Commission spent two consecutive days receiving a program that was repetitious. Commissioner Stem — We have a Town Attorney who has an unbelievably well- staffed office. I am sure that we are not billed for every single phone call this Town makes to the various offices in West Palm Beach. Staff has informed me that they talk to so many people, use them for resources, and they get a great deal of help. We created a budget for the amount of money we want to spend on an attorney. If that attorney goes beyond that budget, then we have to look as to why. If he stays under the budget, we are ahead of the game. Our present attorney is one-half of what we used to spend for an attorney in the Town of Highland Beach. We should be respectful and not question all the nickels if we are happy with the balance at the end. Commissioner Feldman — I feel it is the duty of the attorney if he sees something to come forward. We had a Shade Meeting with the attorney and the five Commissioners. There were things that we did not know and had to rely on the attorney. We are paying a lot less than we had been paying previously, and we are getting good service and good advice. If the attorney sees something, I do want him to come forward and advise us. Discussion ensued regarding Town Attorney's billing. Town Attorney Torcivia — I represent the five of you because you represent the people of the Town. I have talked with each one of the Commissioners over the last month, and there is only one charge for two-tenths of an hour out of a whole month. Most of the time when I get a call from you I do not even show it on the bill. Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Paze 11 of 15 Mayor Featherman — Do you represent any employees or just the Town. Town Attorney Torcivia—I represent only the Town. Interim Town Manager Oakes — In the Attorney's agreement, it states that he can provide legal opinion to staff only with the authorization of the Town Manager. 7. MISCELLANEOUS—ITEMS LEFT OVER: A) Minutes: • August 16,2016—Budget Workshop Meeting • August 30, 2016—Workshop Meeting • September 1,2016—Budget Workshop Meeting Consensus was to place this item on the Consent Agenda for October 51. 8. REPORTS—TOWN COMMISSION: A) Commissioner Rhoda Zelniker — Season is upon us, and we have to do something about the crosswalks. I feel very strongly for the residents. Someone is going to get hurt crossing AlA. A resident, John Bodin, is working on this as well. There is new technology and we have to pursue this. I am also concerned about the bicyclists. We need to have a message board that tells cars and bicyclists that they have to stop at the crosswalks. A sweet and healthy Happy New Year to all our residents celebrating Rosh Hashanah. B) Commissioner Carl Feldman — We received a copy of letters sent by Public Works Director Ed Soper to most of the condominiums along AIA telling them about the drainage study that is going on. The crosswalks are a touchy item. The Florida Department of Transportation (FDOT) has stated that there are too many crosswalks along AIA and will not add any more. Boca Highlands has a crosswalk with flashing lights that they paid for. The rest of the Town did not. The residents need to form a committee and go to the FDOT as a group indicating that they want these crosswalks and are willing to pay for them. C) Commissioner Louis Stern — There are crosswalk signs in Delray Beach that have lights that illuminate around the entire sign and are monitored by solar panels. These type of signs are more alert friendly. I would be interested in investigating these signs to see if it is possible to have them in Highland Beach. I would also like to thank our Police Chief and officers for monitoring the car carriers who block AIA while unloading and having them move to another area of the road. D) Vice Mayor Weitz — We had a major water main problem at the south side of Town and I would like to compliment Mr. Soper and his staff for the excellent work they did to correct the problem. Also, thank you to the staff for the Halloween decorations in Town Hall. We are looking forward to some Halloween activity. It will be a positive Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Page 12 of 15 team experience. With reference to the crosswalks, AIA is a state road and the state has rules and regulations regarding the utilization of the road. It is a three-mile road. If we had crosswalks at every condo, we would have no traffic flow in this community. I am not against safety but there is also a reality. It is a law that traffic must stop at crosswalks if there are pedestrians crossing. Pedestrians must also be responsible while crossing A IA. E) Mayor Bernard Featherman — I sent a letter to Governor Scott on August 23rd regarding the Zika Virus and our concern about it becoming more prevalent in the upcoming weeks. We asked if there was something that could be done on our behalf with either state or federal funds to investigate, monitor or have control programs on it. I did receive a phone call from a Zika virus representative. I have turned this over to PWD Ed Soper to investigate whether or not we can get some type of program here in Highland Beach to protect our residents. I received a letter of appointment to the Taxation, Finance and Personnel Committee for the State of Florida League of Cities. The meeting will take place in Orlando on August 30th at 8:30 AM. I would need to be there the night before, and I am asking the Commissioners to authorize my mileage and hotel. Commissioner Feldman — Congratulations on your appointment. The onus for the payment should come from the Florida League of Cities or the State of Florida. This is not in our budget. Could you explain what this committee is about? Mayor Featherman read the letter he received explaining his appointment and the dates of the meetings. Vice Mayor Weitz— I appreciate your willingness to be on this committee, but I do not feel the Town of Highland Beach can benefit from this. The League of Cities is looking at large cities and most of their agenda has nothing to do with a beachside community. Commissioner Stern — In the many meetings that you have attended as our mayor, nothing has ever been brought back to this Town that I have found to be a benefit to Highland Beach. This is not budgeted and should not be authorized. Commissioner Zelniker—I also agree with my fellow Commissioners. I Interim Town Manager Oakes explained the process for Commissioner's attendance at conferences that have been budgeted. Everything is processed through the Clerk's jOffice such as hotels, meals and mileage. 9. REPORTS—TOWN ATTORNEY GLEN TORCIVIA: I was asked at the last meeting to provide a report on the boat dock usage code; specifically, the question as to whether there is a grandfathering situation here. The answer is no, there is not. The code was adopted in 2010 and after reviewing the information I received from the code testimony, the use only started earlier this year. I am also recommending that the Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Page 13 of 15 Commission not engage in any conversation with people regarding this instance since it is before the Code Enforcement Board and it sounds like there is a possibility of litigation. 10. REPORTS—INTERIM TOWN MANAGER VALERIE OAKES: • Update on the Building Department/Code Enforcement We have received over 100 applications for the position and have sorted through them to see who met the minimum qualifications of having a level one certification. The chief and I have been working on this and will be looking into further extensive review of those applications. We will be scheduling some interviews and hiring someone soon since I know this is a priority for this Commission and the residents. • Requesting a moratorium on the following items: o Personal Time Off(PTO)Plan o Employee Committee o Employee Performance Evaluation o Education Bonus o Incentive Program As you are aware, the civilian employees have begun the process to possibly unionize. At the recommendation of our labor attorney, I am requesting that all these items be placed on hold until further notice. Consensus was to place these items on hold until further notice. • Advertisement of Town Manager Position I have prepared a draft advertisement for this position. Commissioner Feldman had made a comment earlier about holding off on the advertisement. This would be the appropriate time to decide how quickly you would like me to move forward. I have a list of the sites where I was thinking of advertising. This is a snapshot of the position. I took a lot of the information from the current job description and put it into this advertisement. Commissioner Feldman — The only suggestion I had was holding off until January because many people applying for this job are currently working. I think we would get a better response at that time. Vice Mayor Weitz — In the ensuing period, we will be in the middle of many holidays such as Thanksgiving, Christmas and other religious holidays. There is a great deal of work to be done with advertising, reviewing applications and having interviews. This is an interim period of adjusting and stabilizing for the Town. I agree with Commissioner Feldman on this issue. Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Page 14 of 15 Commissioner Zelniker— I also agree that we should wait until January. I also want to say that Valerie Oakes has done an excellent job. Commissioner Stern—I concur with Commissioner Feldman. Consensus was to wait until January 1,2017 to advertise for a Town Manager. • The employees will be wearing costumes for Halloween. Please come and visit. On Halloween day, between 11:30 am and 1:30 pm,the Town offices will be closed with the exception of the Police Department. We will be holding a team meeting. • I want to thank the department heads and their staff. I required a great deal of time from you. It has been a transition period for me and I want to thank you because I am not successful without you. 11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Ann Roy, Bel Lido Isle read a letter dated September 22nd into the record attached as Exhibit"A." Edie Weiner, Intracoastal Dr. — Ms. Roy indicated that having a boat is a way to leave the barrier island in case of a hurricane. I would like to know if she has the keys to the boat, knows how to drive the boat and who is responsible for any damage. There are many issues to consider. Carl Gehman, 1123 Intracoastal Dr.—I did not receive a letter from Mr. Soper regarding the drainage study. I am in favor of Commissioner Stern's idea regarding the crosswalk lighting. Can a retired person apply for the Town Manager's job? Comm. Zelniker — As long as they have the proper certification. Interim Town Manager Oakes — Our Public Works Director just informed me that there are only 11 properties that are affected. If you did not receive a letter, then you are not affected by it. Carl Gehman— There is a drainage problem in Highland Beach. Interim Town Manager— We can get together with the Public Works Director to talk about it. 12. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Workshop Meeting at 3:55 PM. MOTION: Commissioner Feldman moved to adjourn the workshop meeting at 3:55 PM. Motion was seconded by Commissioner Stern,which passed unanimously. Town Commission Workshop Meeting Minutes Tuesday,September 27,2016 Page 15 of 15 APPROVED: Bernard Featherman, MayorFeldm Comnnssi ner Z�� ��-Z-7�L William Weitz, Vice MaLoui`s\stern'-toiunissioner 2Zetffiiker,Co ssioner A T: r ` � Valerie Oakes, CMC, Town Clerk Date I COPP-6C7�4) /D 4301 Tranquility Drive / ! Bel Lido Isle Highland Beach,Fl,33487 Ann Roy 0-C iro September 12,2016 Town of Highland Beach Mayor Bernard Featherman/Commissioners Town Manager,Beverly Brown Town Clerk Code Enforcement Board Re: The Notice of Violation I received regarding my boat dock: At the last two Commission Meetings this Board stated their need to rewrite the Code regarding usage so it's reasonable. I am not sure what the procedure is for your to do so or if it is in progress yet! Time is of the essence in my case since the Code Enforcement Board has levied a$250.00 a day fine by holding me to the year 2000 rewritten code instead of the 1972 Code I believe I am grandfathered into continuing to use that was in effect when we purchased our property and we built on it and continued to use as was agreed, authorized and allowed unless I discontinue that use allowed for decades and comply with the 2000 Code within 30 days from 8-312016. I therefore request the Code be rewritten ASAP because I believe and respectfully submit my belief that the current situation is a violation of my civil rights,for the following reasons: 1. 1 believe I am,ironically,being deprived of the very protection the 2000 Code states are the reasons for it being rewritten,such as, a.) Since what it states is to improve the resident's he"safety and welfare is one of the reasons why my late husband and I built our dock and it was for our safety,health and welfare as part of our survival plan in the event of a natural disaster. Having a boat at our dock on this barrier island gave us peace of mind knowing we had a way to get in and out of this island when the bridge to do so is not able to,as has happened in the past. It could mean a matter of life or DEATH. The 1972 Code was followed and acknowledged for decades by the Town allowing my son or friends to leave their boat at my dock without the unreasonable restrictions, since imposed by the 2000 Code that would deprive me of the enjoyment of the boat outings and sat*and convenience of having the boat at my dock,I relied on when the dock was approved by the Town and built to be used as the 1972 Code stated. Page 1 of 3 L r 4301 TiaogmTILy Drive . Bel Lido Ida Seend Bescb,FL 33487 b.) Dr.Barbin's boat is also these for a maker of safely because herxchased it onbt, because I offered he could leave a BW at my down the street on the Intracoastal where he was concerned that the wakes would ruin a boat. After being assured it would be sa&at my dock where there are no wake's or boat ixaffic except row boats,kayaks',or such,be p rdbasedhis boat now docked at my home. I be3iava the Town ordering me to discontinue adhering to On 1972 Code dories , and its_ are protoc�. . a) The Code states the code is to improve the appearance im the comnmamty. I like the appearance of a beautiful boat at my docL It adds to,my sense of comfort,peace of mind and safety,rather the an empty doer. d.) The Code states it's to conserve fie value ofthe land,buildiuM and resources and pmts the chsra and stsibilityaHi6residentialro®anity. It fails to specify this is nweelbea just a residential commmnity,it is a residential "WATERFRONT"community in which docks were approved and built is order to protect the cmracter and stabilize it,as a`WATEItFRONr boating comity as was planned,apptoryed and so orderly developed Whir&because ofthe beauty ofthe doers and boats made the land here,so valuable and adds to the dwader ofthis comitywhichlbe 2000 Code states itps+atects. Preventing Dr.Ksrbin's boat fi+omremaiming army dock has noddug to,do with pro t,aia ,the orderly devdopmemt of this beautiful island and since my dock Was ordedy planed and apps and built decades ago. No one bold me I Was building a dockdW I Would be prevented to continue to use as awnyved.and Ngft built and allowed,to be used for decades cederthe 1972 Code or be financially rained Wits a VM day mneme e.) The Code states it is to conserve the value ofthe land. h certainly depreciates the land value of my property to me if I am Fog e+ui,d to have a dock I butt but cannot eodi I o I to use for the pwpose it was approved and sllovn to be use for decades. p.The Code states it is to Preserve Morals. I Would appr,c&e it if someone comld tell me bow Dr.KaiWs boat rig at my dock could adversely affect my one's morals. With an due reaped,I coder this a violation of my civil rights and immoral in itself to give me the chaiee to be financially mined NI don't allow the Town to deprive me of coming to use my preopetty fortbe.pmpose it Was befit and use acmowlodged for decades by the Town. In condo®,I reiterate the need forth,now code to ac7kmwledgc the rigbts ofaversoin to Fe MW to UM COW tM is m eMxt when they pumbased Ow property cr Rilt their hone fEr it ID be reasouatft� Page 2 of 3 4301 Tlrmgdli<y Drive Bd Lido dab MAInd Boa*FL 334" I look fiorvat+d to yow mPamr. I thank yon for ycw time and coopetsfim in this matter Y Yams, Te qh=(561)276 7584 Page 3 of 3