2017.01.03_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION
REGULAR MEETING
Tuesday,January 3,2017 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 and Commissioner Rhoda Zelniker. Member absent:
Commissioner Louis Stem. Also present: Town Attorney Glen Torcivia; Interim Town
Manager Valerie Oakes;Deputy Town Clerk Lanelda Gaskins;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; hearing none the
agenda was accepted as amended.
2. PUBLIC COMMENTS AND REQUESTS:
Tim Burnich,4505 S.Ocean Boulevard—I do not believe a special magistrate can replace
the Code Enforcement Board members who are very concerned about their Town. We had a
special magistrate at one time and there was a problem with the process. I am totally against
having a special magistrate.
Paul Schlanger,3912 S.Ocean Boulevard—I also am in agreement that a special magistrate
would not benefit Highland Beach. The problems were in the building department due to
codes not being enforced. I understand this is being rectified. Mr. Schlanger gave a
detailed description of the duties of the Code Enforcement Board and why this board should
remain in effect.
Robert Patek,4217 S.Ocean Boulevard—I am very disappointed with the Town's neglect
to help maintain our beaches especially when it comes to dogs running on the beach
unleashed. We pay very high taxes in this town.Owners do not clean up after the dogs
which are very upsetting to those who live on the beach. All dogs should be banned from
Town Commission Regular Meeting Minutes
January 1 2017 Page 2 of 11
the beach. I believe our beach is one of the worst kept beaches in the world. Beach raking
is not cleaning the beach but dragging all the debris from one end to the other and burying it
in the sand. Beach rakers should be banned from the beach and the Town should enforce
the laws and keep our beach clean,sanitary and safe.
Carl Gehman,1123 Highland Beach Drive—I walk the beach with my wife and we pick up
a great deal of debris every morning. Something needs to be done to enforce the
homeowners to clean the beach.
Elyse Riesa,Boca Cove Lane—When I was on the Beaches&Shores Advisory Board,we
sent a letter to the homeowners stating that they were responsible for keeping the beach
clean. The dog issue was included as well and they were advised there would be citations
given. We also tried to enforce the law regarding dogs on the beach. They should be
leashed and the owner should clean up after them. It is important we revisit this
enforcement issue because dogs have become a major problem on our beach. It is also the
homeowner's responsibility to remove the debris. Commissioner Feldman — As condo
owners, we hire the beach raker for the main purpose of removing the seaweed. Our
maintenance people pick up any debris on the beach in front of our condominium. We
know that dogs are becoming a major problem. This needs to be enforced. It is the
responsibility of the homeowner to clean the beach in front of their home.
3. PRESENTATIONS:
• Introduction of the new Building Official Kenneth M.Bauer
Interim Town Manager Oakes introduced Kenneth Bauer and gave a brief description of
his background. Mr.Bauer will be training this week with Mike Desorcy. Mr.Desorcy's
last day will be Friday,January 6'h. Welcome Ken,and we look forward to working with
you.
• Introduction of the new Utility and Maintenance Superintendent Pasquale "Pat"
Roman
Interim Town Manaper Oakes introduced Pat Roman as the new Utility and Maintenance
Superintendent. He will be with the Town 29 years on January 4th. Thank you for your
dedication and service to the Town and congratulations on a well-deserved position.
Commissioner Feldman—We are very happy that you were promoted and it is great that
we can promote from within. Your qualifications are superb. I also want to congratulate
Geoff Small and Tyrone Powell on their promotion.
4. BOARDS AND COMMITTEES:
Deputy Town Clerk Gaskins read Item 4 — Boards and Committees into the record as
follows:
A) Board Correspondence:
Town Commission Regular Meeting Minutes
January 1 2017 — Page 3 of 11
• None
B) Board Action Report:
• Deputy Town Clerk Gaskins read the report into the record.
C) Board Vacancies:
• Beaches&Shores Advisory Board—One Vacancy(Three Year Term)
Talent Bank Interview
o Reappointment—Term ending January 2020
Myles Schlam,3594 S.Ocean Boulevard#607—I was happy to serve on the
Beaches & Shores Advisory Board and look forward to serving for another
three years. I would like to see this board be a bit more proactive and perhaps
become an input group to the Code Enforcement Board working on the issues
we have on our beaches.
MOTION: Commissioner Feldman moved to reappoint Myles Schlam to the
Beaches & Shores Advisory Board. The motion was seconded by
Commissioner Zelniker which passed unanimously.
• Board of Adjustment&Appeals
Talent Bank Interviews
o Appointment—(Unexpired Term ending April 2018)
Thomas"Tim"Bumich,4505 S.Ocean Boulevard#404—I served on the Code
Enforcement Board for five years and seven months and I was chairman for
two years. Mr.Bumich gave a brief description of his background and stated
that he would like to continue to serve the community.
MOTION: Commissioner Feldman moved to appoint Tim Bumich to the
Board of Adjustment&Appeals. The motion was seconded by Commissioner
Zelniker,which passed unanimously.
o Reappointments—(Three Year Terms)
Joel Lienson,3740 S.Ocean Boulevard.#2081 gave a brief description of his
background and stated that he is looking forward to serving another three years
on the Board of Adjustment&Appeals.
MOTION: Commissioner Feldman moved to reappoint Joel Lienson to the
Board of Adjustment&Appeals. The motion was seconded by Vice Mayor
Weitz,which passed unanimously.
o Donald "Don" Gill, 4740 S. Ocean Blvd. #202 — I served on the Code
Enforcement Board for over five years and look forward to serving on the
Board of Adjustment&Appeals.
Town Commission Regular Meeting Minutes
January 3.2017 Pate 4 of 11
MOTION: Commissioner Feldman moved to reappoint Don Gill to the Board
of Adjustment & Appeals. The motion was seconded by Commissioner
Zelniker,which passed unanimously.
• Code Enforcement Board—Two Vacancies(Unexpired Terms ending March 2017
and May 2017)
• Financial Advisory Board
Talent Bank Interview
o Appointment—Unexpired Term ending July 2018
Greg Babij, 1092 Bel Lido Drive gave a brief description of his financial
background which included his work on Wall Street and his affiliation with
several banks and money management companies. He serves on the Highland
Beach Police Foundation Board and would like to continue serving the
community.
MOTION: Commissioner Feldman moved to appoint Greg Babij to the
Financial Advisory Board. The motion was seconded by Commissioner
Zelniker,which passed unanimously.
D) Monthly Board Meeting:
• Financial Advisory Board Meeting—January 10,2017- 9:30 AM
• Town Hall Closed:
o January 16,2017—Martin Luther King,Jr.Day
• Town Commission Workshop—January 31,2017—1:30 PM
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) RESOLUTION NO.17-001 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH FLORIDA,
CALLING FOR A NONPARTISAN ELECTION TO BE HELD ON TUESDAY,
MARCH 14, 2017; AND ANY OTHER ELECTIONS CALLED DURING
CALENDAR YEAR 2017;ALL ELECTIONS SHALL BE HELD WITHIN THE
MUNICIPAL BOUNDARIES OF THE TOWN BETWEEN THE HOURS OF
7:00 AM UNTIL 7:00 PM; AND DESIGNATING THE MEMBERS OF THE
TOWN'S CANVASSING BOARD IN ACCORDANCE WITH SECTION 1.06(7)
OF THE TOWN OF HIGHLAND BEACH CHARTER; PROVIDING FOR
SEVERABILITY,CONFLICTS AND AN EFFECTIVE DATE.
Deputy Town Clerk Gaskins read Resolution No.17-001 R into the record.
Interim Town Manager Oakes—Resolution 17-001 R calls for a non-partisan election
to be held on Tuesday,March 14,2017 and any other elections called during calendar
year 2017. Furthermore, by way of this resolution, the Town Commission will
Town Commission Regular Meeting Minutes
January 3.2017 Pane 5 of 11
designate the members of the Town's Canvassing Board in accordance with the Town
Charter Section 1.06(7)which states that the Town Clerk or designee,the Palm Beach
County Supervisor of Elections or designee and one member of the Town Commission
(whose seat is not scheduled to be voted upon)will serve on the Board. There are two
seats that will not be voted upon during the March 2017 election—Vice Mayor Weitz's
and Commissioner Stem's.
MOTION: Commissioner Feldman moved to appoint Commissioner Stern to serve on
the Board. The motion was seconded by Commissioner Zelniker which passed
unanimously.
6. CONSENT AGENDA:
There were no items on the Consent Agenda.
7. NEW BUSINESS:
A) Consideration of Proposals Received for Special Magistrate Services
Interim Town Manager Oakes—At the December 6,2016,Town Commission regular
meeting, I explained to the Commission that the Code Enforcement Board was
adopted via Ordinance No. 11-001 0. This ordinance has incorporated language that
provides the procedure for re-establishing a Special Magistrate. Therefore,staff has
solicited proposals from qualified individuals. There were three proposals received
and are as follows: Susan Ruby,Esq.;Diane James-Bigot,P.A.;and William Doney.
Should the Commission wish to reestablish a special magistrate,I would recommend
scheduling individual interviews between the Commission and the attorneys. At the
January workshop meeting,the Town Commission can select an attorney(or law firm)
to serve as Special Magistrate for the Town direct the Town Attorney to prepare an
agreement for special magistrate services and provide for a date to sun setting the
Code Enforcement Board. Additionally,the Commission will need to determine a
procedure for selecting a final individual/firm to serve as Special Magistrate for code
enforcement. Past practice has been for the Commission to rank the candidates on a
ballot prepared by the Town Clerk.
Commission Discussion:
Vice Mayor Weitz—I am not aware that there was a problem in the past with a Special
Magistrate. It is my understanding that the Special Magistrate cost less than the
current code enforcement system. The problems were in terms of the building code
issues we have had in this Town for a period of time. I would be supportive of
continuing to conduct interviews because it is reasonable to be prepared. The
members are not legal people as opposed to lawyers who have the knowledge and
training and can make a reasonable decision. There is a liability with people who
serve on quasi-judicial boards.
Town Commission Regular Meeting Minutes
January 3,2017 Page 6 of 11
Commissioner Feldman—I believe we need both a Special Magistrate and a Citizen's
Committee for code enforcement. It could be a dual-purpose committee serving as a
second committee under the jurisdiction of a Special Magistrate. The Special
Magistrate would be responsible for the fines and the legalities. The Citizen's
Committee would be responsible for deciding where and how the problem should be
addressed.
Commissioner Zelniker—We are going to have a new code enforcement officer and if
that person is the right one,we will not have any issues at all. The people in our
community deserve to serve on boards and help our community.
Mayor Featherman—We should give the new code enforcement officer a chance to
work out the problems we have before hiring a special magistrate.
MOTION: Vice Mayor Weitz moved to permit Interim Town Manager Oakes to
move forward with the interviews.Should we move in that direction,we can at least
identify some individuals who can fill that role?
Commissioner Feldman—We should not discuss sun setting the Code Enforcement
Board until we see what direction we are going with the special magistrate. However,
we should go ahead and interview the candidates.If we hire a special magistrate,could
that person serve with the Code Enforcement Board?Town Attorney Torcivia—No
that person could not since they would be the decision maker and you could not have
two decision makers. It is up to the Commission to decide if they want a Special
Magistrate to be the decision maker and the board be an advisory board.
The motion was seconded by Commissioner Feldman.
ROLL CALL:
Vice Mayor Weitz - Yes
Commissioner Feldman - Yes
Commissioner Zelniker - No
Mayor Featherman - No
Motion failed.
B) Discussion of Town Hall Closing for 2017 Christmas Eve holiday
Interim Town Manager Oakes — Pursuant to the Town's Personnel Rules and
Regulations,Article XX: Holidays,Section 1: Defined,Christmas Eve is declared a
holiday for the employees as approved by the Commission or amended by the
Commission from time to time.
Town Commission Regular Meeting Minutes
January 3,2017 Page 7 of 11
Per Section 2: Holidays falling on weekends,if a recognized holiday on a Saturday,
the designated holiday shall be on the previous Friday and if a recognized holiday falls
on a Sunday,the designated holiday shall be on the Monday following the holiday.
This year, Christmas Eve falls on Sunday, December 20. Christmas day falls on
Monday,December 25th and employees will be off on this day in observance of this
holiday. Since Christmas Eve falls on a weekend day,staff is requesting Commission
approval to designate Friday, December 22, 2017, as a day off in observance of
Christmas Eve.
MOTION: Vice Mayor Weitz moved to designate Friday,December 22,2017,as a
day off for the employees in observance of Christmas Eve. Motion was seconded by
Commissioner Feldman,which passed unanimously.
C) Discussion on the Search for a Town Manager
Interim Town Manager Oakes — At the September 27, 2016 Town Commission
Workshop meeting,the Town Commission indicated their wish to delay the hiring of a
Town Migiager until January 2017. Therefore, this item has been placed on the
agenda for the Commission's discussion and to provide staff with direction.
MOTION: Commissioner Feldman moved to authorize the Town Attorney to prepare
a contract and present it to the Commission before the next workshop so a contract
could be presented to a possible candidate. Motion was seconded by Commissioner
Zelniker.
Commission Discussion:
Vice Mayor Weitz—The Town has functioned quite well under the supervision of our
Interim Town Manager Oakes. Staff and residents have mentioned to me,informally,
that they are pleased to see how this Town has come together and the improvement in
terms of morale,staff meetings,Commission meetings,transparency,etc. They are
speaking to me as to whom they would like to see as our Town Manager. This
Commission is the most well advised,informed, both written and oral, in terms of
issues,information given ahead of time that is documented and researched. I support
the motion but it is imperative that we move quickly on this in fairness to all involved.
We can discuss this at the workshop meeting but need to make a decision at as quickly
as possible. I will support whatever decision this Commission makes.
Commissioner Feldman—I feel it is important to have a contract beforehand so we can
review it. The contract should favor the Town first.
ROLL CALL:
Commissioner Feldman - Yes
Commissioner Zelniker - Yes
Town Commission Regular Meeting Minutes
January 3,2017 Page 8 of 11
Vice Mayor Weitz - Yes
Mayor Featherman - Yes
Motion carried 4 to O.
D) Approval of Town Commission Minutes
o November 29,2016—Workshop Meeting
o December 6,2016—Regular Meeting
Consensus was to approve this item.
8. MISCELLANEOUS—ITEMS LEFT OVER:
None.
9. REPORTS—TOWN COMMISSION:
A) Commissioner Zelniker—I want to thank Pat Roman for all the work he does for this
Town and congratulate him on his promotion. I would also like to welcome Ken Bauer.
Thank you to Mike Desorcy for his service for all these years and we wish him the very
best of luck. The beaches are an ongoing problem worldwide. Our beaches are private
and the Town has no jurisdiction over them. Unfortunately,most of the debris found
on our beaches comes from the boats in our waters. This is a legislative problem and
not ours. I also want to thank John Boden for all his work on the crosswalk lighting.
Thanks to his efforts as well as Public Works Director Soper,the Florida Department of
Transportation(FDOT)is coming to take a survey.
B) Commissioner Feldman—We need to thank Interim Town Manager Oakes for the job
she is doing with promoting the personnel in the Town. She is doing a fine job and will
continue to do so. Commissioner Zelniker brought up a good point about condominium
people storing chemicals,paints,batteries,etc.in their storage bins. I contacted Waste
Management and they do have a program where you can bring these items to their
location in Delray Beach.
C) Commissioner Stern was absent.
D) Vice Mayor Weitz—Happy and healthy 2017 to all our staff and residents. We are
sending best wishes to Commissioner Stem for a speedy recovery. He is a valuable
asset to this Town and is truly missed. Regarding the issue of our beaches,we need to
understand that our beaches are private and is not the responsibility of the Town. The
homeowners need to take responsibility and keep their beaches clean. If they are not
doing so, it is imperative that we enforce our codes with timely and strict reactions.
Statements were made today by one of our residents that were inaccurate. This Town
has reduced taxes over the last three years. We are not the highest tax town with the
lowest services. We work very hard to maintain the great services we have in this
Town and we have done an excellent job. Thank you to our Commission,our Town
Town Commission Regular Meeting Minutes
January 3,2017 Page 9 of 11
Attorney,staff and our Interim Town Manager for their service and a job well done last
year.
E) Mayor Bernard Featherman—I would like to recognize our former Vice Mayor Ron
Brown who is here today. Thank you to all the volunteers on our advisory boards. This
Commission works very hard for our residents. We have reduced the taxes for our
residents for two years in a row. Thank you to our fine Commission and staff for all
their great service.
10. REPORTS—TOWN ATTORNEY GLEN J.TORCIVIA:
Happy and healthy New Year to everyone.
11. REPORTS—INTERN TOWN MANAGER VALERIE OAKES:
Interim Town Manager Oakes—The water main project commenced on December 12,
2016,which began on the north end of Intracoastal Drive and continued south until the
street was completed. Construction ceased on December 22nd for the holidays and has
resumed today. Interim Town Manager Oakes went into detail as to the timeline,the
streets being worked on and what will take place when completed. Once the work is
completed,the mains and service lines will need to be pressure tested and receive the
Department of Health's approval before they can be put into service. This process may
take up to two to three weeks.
We have been notified that the firm of Tindale Oliver will be conducting field reviews as
part of an FDOT road safety audit in town along State Road AlA during the week of
January 16th. The Road Safety Audit is being conducted to identify potential short,mid
and long term improvements to enhance the safety of the corridor. The primary focus is
on pedestrians and bicyclists.
We will be re-advertising the code enforcement position. We are in the process of
creating new forms and updating existing forms and standard operating procedures for
the code compliance division. In the interim,the Police Department will be assisting
with code enforcement along with the Building Department. If you have any code issues
during work hours,please contact the Building Department. Any issues outside of work
hours,weekends or holidays,please contact the police department.
The qualifying period to become a candidate in the upcoming election begins Tuesday,
January 31'at noon.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS:
Alan Teller,4210 S.Ocean Boulevard—The boat is gone and the dock is clear. The
problem with code enforcement is the actual enforcement. You could fine someone over
$250 per day but enforcement is the issue.
Town Commission Regular Meeting Minutes
January 3,2017 Page 10 of 11
Paul Schlanger,3912 S.Ocean Boulevard—I looked at the Attorney General's website
and it says that you can have a Special Magistrate and a Code Enforcement Board. He
explained how it could be done.
Carl Gehman, 1123 Highland Beach Drive— I believe you can do both. The board
members are great volunteers and you should keep the Code Enforcement Board.
Myles Schlam,3594 S.Ocean Boulevard—It might be a great idea if we had a liaison
from the Beaches&Shores Advisory Board to serve with the Code Enforcement Board.
John Boden,3407 S. Ocean Boulevard—Notices should go to the condominiums and
individual homeowners as to what their responsibilities are to our beaches.
13. ADJOURNMENT:
There being no further business,Mayor Featherman called for a motion to adjourn the
meeting at 3:20 PM.
MOTION: Vice Mayor Weitz moved to adjourn the meeting at 3:20 PM. The motion
was seconded by Commissioner Feldman which passed unanimously.
Town Commission Regular Meeting Minutes
January 3,2017 Page 11 of 11
APPROVED:
3'WM'',, f/, / L it i6( ✓1
Bernard Featherman, a or eldman, Commissioner
•
William Weitz, Vice Mayor Louis Stern, Commissioner
CV IICC(6- 4961)'is ••. Zelniker, Cec 'ssioner
ATTEST:
yotaa,(a, Odie/a._
a1 I , +
Valerie Oakes, CMC Date
Town Clerk