2013.12.03_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, December 3, 2013 1:30 PM
Mayor Bernard Featherman called the Regular Meeting to order in Commission Chambers at 1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner
Dennis J. Sheridan; Commissioner Louis P. Stern and Commissioner Carl Feldman. Also present: Town
Attorney Glen Torcivia; Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; Finance
Director Cale Curtis; Public Works Director Jack Lee; Police Chief Craig Hartmann; Assistant to the
Manager Zoie Burgess; and members of the public.
Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence.
Civility Pledge: The Civility Pledge was recited by the Town Clerk.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Mayor Featherman asked for any additions or deletions.
Commissioner Stern stated under New Business he would like to add a Power -Point presentation from
Light up the Holidays.
Mayor Featherman Agenda accepted as amended.
2. PUBLIC COMMENTS AND REOUESTS:
No comments received.
3. PRESENTATIONS:
• Recognition of Retiring Public Works Director Jack Lee for his twenty -nine years of
dedicated service to the Town of Highland Beach.
Town Commission Regular Minutes
December 3, 2013 Page 2 of 9
Mayor Featherman presented Jack Lee with a token of appreciation for his twenty -nine years of service to
the Town.
Commissioner Feldman — Thank you for doing a great job and it is going to be a job replacing you.
Commissioner Stern — We are going to miss you very, very much. You are absolutely fabulous.
Commissioner Sheridan — Jack you did a great job and I will personally miss you very,much.
Vice Mayor Brown — It has been great working with you and we will miss you a lot.
Town Manager Weiser — Jack is the walking encyclopedia for our Town. He will be here through the end
of the year and we want to wish you all the best in your retirement. We will miss you terribly.
Jack Lee — Thank you everybody. It has been an honor serving you as your Public Works Director. I
have enjoyed every minute of it. This is a unique town; unique people and I thoroughly enjoyed my
tenure here. I am going to miss everybody and wish you all the best for the future.
4. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• Read into the record.
C) Board Vacancies:
• Board of Adjustment and Appeals — One Appointments
• Code Enforcement Board — One Appointment
D) Monthly Board Meetings
• Board. of Adjustment— December 10` —Public Hearing — 9:30 AM
• Planning Board— December 11 t ` — 9:30 AM
• Beaches & Shores Advisory Board — December 12 — 9:30 AM
• Code Enforcement — No Meeting Scheduled
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 13 -004 O — First Reading
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE TOWN OF
HIGHLAND BEACH TOWN CHARTER; AMENDING ARTICLE I "GENERAL
PROVISIONS ", SECTION 1.06 "TOWN COMMISSION CREATED; ELECTION; TERMS;
TOWN CLERK; QUALIFICATIONS OF ELECTORS; GENERAL ELECTION LAW" TO
ESTABLISH THE TOWN'S CANVASSING BOARD TO PROVIDE THE TOWN
COMMISSION THE DISCRETION TO DELEGATE ITS CANVASSING BOARD
RESPONSIBILITIES TO THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS
Town Commission Regular Minutes
December 3, 2013 Page 3 of 9
AND THE TOWN CLERK; ESTABLISHING THE DATE OF MARCH 11, 2014, FOR THE
REFERENDUM; PROVIDING A BALLOT TITLE AND QUESTION; PROVIDING FOR
NOTICE AND ADVERTISING OF THE REFERENDUM; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Brown read Ordinance No. 13 -004 O, title only, into the record.
Discussion: None
MOTION: Commissioner Stern moved to accept Ordinance No. 13 -004 O on First Reading and
schedule for a Second Reading and Public Hearing. Motion was seconded by Commissioner Sheridan.
ROLL CALL:
Commissioner Stern - Yes
Commissioner Sheridan - Yes
Commissioner Feldman - Yes
Vice Mayor Brown - Yes
Mayor Featherman - Yes
Motion passed with a 5 -0 Vote.
6. CONSENT AGENDA:
Mayor Featherman asked if any item needed to be removed from the Consent Agenda.
Town Clerk Brown read the Consent Agenda into the record:
A) Appointment of Rhoda Zelniker to the Beaches and Shores Advisory Board for a three -year
term (12/2013 — 11/2016).
B) Appointment of Peter Rodis to the Board of Adjustment and Appeals for a three -year term
(12/2013 —11/2016).
C) Re- appointment of Don Gill to the Code Enforcement Board for a three -year term
(12/2013 — 11/2016).
D) Adoption of Resolution No. 13 -015 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
RESOLUTION NO. 12 -005 R WHICH APPROPRIATED FUNDS FOR THE 2012 -2013
FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2012 AND ENDS
SEPTEMBER 30, 2013.
E) Commission to Authorize the Mayor to sign the Renewal of the Interlocal Agreement
Town Commission Regular Minutes
December 3, 2013 Page 4 of 9
between the Town of Highland Beach and the Palm Beach County for use of the County
Public Radio System.
F) Commission to Authorize Staff to negotiate a Contract for IT Services with EssentialNet
Systems, or, if unable to come to an agreement, negotiate with the next highest ranked firm.
G) Commission to ratify decision of Town Manager to waive Section 3 -4 of Town Code
Allowing the "Friends of the Library" to hold a Wine and Cheese Fund Raiser at the
Library
H) Commission to approve Revisions of the Town of Highland Beach Personnel Rules and
Regulations to become effective January 1, 2014.
I) Commission to Authorize the purchase of two (2) new vehicles in the amount of
$46,333.82 (with trade -in) for the Water Treatment Plant and declare two (2) 2003 pick -up
trucks as surplus property so they can be traded in.
J) Minutes:
October 29, 2013 — Workshop Meeting
November 5, 2013 — Regular Meeting
MOTION: Commissioner Stern moved to accept the Consent Agenda as presented. Motion was seconded
by Commissioner Sheridan.
ROLL CALL:
Commissioner Stern - Yes
Commissioner Sheridan - Yes
Commissioner Feldman - Yes
Vice Mayor Brown - Yes
Mayor Featherman - Yes
Motion passed with a 5 to 0 vote.
7. NEW BUSINESS:
A) Commissioner Stern's power -point presentation of Light up the Holidays was viewed
at this time.
B) Authorize Staff to negotiate a contract for Construction Manager at Risk Services
with BSA Corporation; or, if unable to come to an agreement, negotiate with the
next highest firm.
Town Manager Weiser — You authorized us to put out a Request for Qualifications for a Construction
Manager firm to provide construction manager services for the renovations of this part of the building, and
we received two responses. There was a ranking committee of five members that went through the
Town Commission Regular Minutes
December 3, 2013 Page 5 of 9
responses and their qualifications. BSA was their first choice and West Construction was their second
choice. There was quite a difference in points between the two. We are requesting that you allow staff to
engage in contract negotiations with BSA Corporation. Provided we can come up with an amount with
them that is agreeable, we will bring this back to you. If not, we will go to the second firm. BSA
Corporation is the construction manager service that did the new Town Hall at Ocean Ridge and other
local projects.
Comm. Stern — Does BSA have a guideline as to the amount of dollars we are looking to authorize to
spend? Town Manager Weiser — Everything we have done is public record so they would know what we
have budgeted.
Comm. Feldman — What were the costs of BSA and the costs of West Construction? Town Manager
Weiser — We did a RFQ and it is based on qualifications. Comm. Feldman — If you are going to give them
a contract, shouldn't you know how much you are going to pay them? Town Manager Weiser — We bring
the contract back to you once we negotiate a contract with them. Comm. Feldman — Could you tell us
what some of the points were that West didn't meet that BSA did? Town Manager Weiser - The ranking
committee consisted of Finance Director Curtis, Chief Hartmann, Assistant to the Town Manager, our
Building Official and the contract architect. Finance Director Curtis — Both firms have extensive
experience working with municipalities and doing construction for them. Members of the ranking
committee reached out and spoke with the references they provided and BSA received great praise. With
West Construction, there were some hesitations as far as references involved with wrapping projects up,.
meeting expectations, etc. Based on references we chose BSA as number one. Comm. Feldman — What
was the point system? Finance Director Curtis — There was a total of 500 points per applicant; BSA
received 426 points and West received 349 points total. We are under no obligation to go with either one
of these firms and will attempt to negotiate a contract with them. Comm. Feldman — Do we have a final
engineering drawing plan of what we are going to do? Finance Director Curtis — Yes, we do.
Comm. Stern — Does this now bring us the actual plans that we do not have now; the architects full plans
at their expense. Finance Director Curtis — They have what is called ninety to ninety -five percent
drawings. If we come up with an agreement with the construction manager, they will get together and
finalize those documents. The intricate details will be established at construction meetings; but the overall
construction drawing is completed. Town Manager Weiser — The plans are what you have seen. Part of
the reason we say it is ninety percent complete, and part of the reason you go for an at risk manager, is
they will take a look at those plans and tell you they can save you money if you do this and can do it more
cost effective. Before the plans are finalized, the new manager at risk comes in and makes any final
changes. Comm. Stern — Can you explain what it means, an at risk contract? Finance Director Curtis —
What it means is that the contractor is going to give us a guaranteed maximum price to do this job. He
gets involved with the construction at the final stages of architecture. It helps us avoid change orders
down the line. The risk part is that he is giving us a guaranteed maximum price to do this work. If he
can't come to that price, he is at risk for any overages. All change orders are subject to approval by both
sides as well. Town Manager Weiser — The Federal Government is requiring the majority of all their
contracts, if not all their contracts, for this type of construction to go through this process.
Comm. Sheridan — I took the opportunity to visit Ocean Ridge and spoke with the Town Manager, Town
Clerk and Police Chief and toured the entire building. I had questions of them regarding the ability of this
firm to complete when expected and how they reacted to change orders. Their Town Hall was about
Town Commission Regular Minutes
December 3, 2013 Page 6 of 9
ninety -five percent finished when they were hit by a plane. The construction company worked it out with
them and proceeded quickly to finish the damage that was caused. They have a beautiful Town Hall and I
would strongly recommend this particular construction company.
Vice Mayor Brown — I attended the meeting and this is not a bid process. It is just a ranking for their
qualifications. Based upon their qualifications, we are picking what we perceive to be the best qualified
contractor to do our job. BSA, by far, was the best qualified. One of the things I liked best about them
was their response to the customer. I think we should move forward with this.
Mayor Featherman — As a contractor, what will they charge us? We have not gotten any bids as yet and
we should not enter into any contract until we get those bids. I would feel better if we had a price on what
they would charge us for this.
Comm. Feldman — Did they give you any inclination what their fees are? Town Manager Weiser — No,
you have strict requirements when you do this form of procurement, and part is that it is not the actual bid.
What you can do is go to the different places they did work for and see if they worked within the budget;
did they have a lot of change orders; how did they handle working with staff. Comm. Feldman — What
about change orders and who is responsible? Town Manager Weiser — They are to stay within the
budget. Where there are change orders is where you decide to upgrade something. They are not
responsible for that.
MOTION: Vice Mayor Brown moved to authorize Staff to negotiate a contract for Construction
Manager at Risk Services with BSA Corporation to renovate the Commission Chambers and Police
Station. Commissioner Sheridan seconded the motion.
ROLL CALL:
Vice Mayor Brown - Yes
Commissioner Sheridan - Yes
Commissioner Feldman - No
Commissioner Stern - Yes
Mayor Featherman - No
Motion passed with a 3 to 2 vote.
8. MISCELLANEOUS — ITEMS LEFT OVER:
A) Commission to consider amending code to allow exemptions or deleting
Sections 3 -4 of Town Code — Drinking in public places.
Town Attorney Torcivia — The sentence that is in the Code 3 -4 says "no person shall drink spirits, malt or
any other intoxicating liquors upon any street, avenue, alley, park or any other public place in Town."
The event at the Library is a public place. You may want to consider "unless previously authorized by the
Town Manager in writing for a period not to exceed six hours or for a specific event; so there would not
be a possibility of an event lasting four days. It all depends on how restrictive you would want to be.
Town Commission Regular Minutes
December 3, 2013 Page 7 of 9
Comm. Feldman — My concern is the liability. Town Manager Weiser — They would like the event holder
to name the Town as an additional insured. Finance Director Curtis checked with our insurance policy
and our insurance does cover any kind of liquor liability on Town property, provided that we are not
charging for it. Town Attorney Torcivia — There is always a risk when you do an event with alcohol.
Comm. Stern — Would we need to get an additional rider every time we authorize this type of event?
Town Manager Weiser — No; but I always recommend that whoever is holding an event, they have their
own insurance and they name us as an additional insured.
Vice Mayor Brown — I don't think we should waive it completely and remove it from the code. I would
like to see a stipulation in the code that, for each event, the Town Manager has the ability to waive Section
34 for that event and advise the Commission. Town Attorney Torcivia — We are recommending a Code
change and not deleting that portion of the Code. The intent is that the Town Manager has the ability to
waive it, in writing, prior to an event.
MOTION: Vice Mayor Brown moved that the Town Manager has the authority to waive Section 3 -4 for
each specific event, in writing, and advise the Commission. Also, to instruct the Town Attorney to bring
back a Code revision that puts this in place. Commissioner Stern seconded the motion.
ROLL CALL:
Vice Mayor Brown - Yes
Commissioner Stern - Yes
Commissioner Sheridan - Yes
Commissioner Feldman - Yes
Mayor Featherman - Yes
Motion passed with a 5 -0 vote.
9. REPORTS — TOWN COMMISSION:
A) Commissioner Carl Feldman — Last night we had a great evening. It was one of the best Light
up the Holidays that we have had. Commissioners Stern and Sheridan did a great job. Everything was
coordinated and the Master of Ceremonies did a wonderful job. Regarding the Workshop meetings, I
think it would be appropriate to eliminate wearing jackets and ties. Jacket and ties would be for the
Regular Commission meeting. I would like to know how the other Commissioners feel about this. The
contract we have with the Delray Fire Department for fire and rescue, if for some reason Delray goes to
Palm Beach County, the problem might be that they would assign different fire fighters to our existing
station. We have some great guys here. I think we should consider hiring the fire fighters that we have
now before we go to Palm Beach. If we go to Palm Beach I heard it is disastrous.
B) Commissioner Louis P. Stern — On behalf of Commissioner Sheridan and myself, we would
like to thank the staff here in town from the Town Clerk to those in the office who helped decorate the
tree, the Maintenance Department who worked many hours overtime. Thanks also to Waste Management
because they gave us the financial support. We were given a budget and did not spend half our money
Town Commission Regular Minutes
December 3, 2013 Page 8 of 9
that we spent last year. I would also like to thank Ellen Smith from Waste Management for the wonderful
job she did, and Bill Marino, one of our fire fighters, who did a great job. It was a great evening and
everyone had a good time.
C) Commissioner Dennis J. Sheridan - To my co- chairman who was solely responsible for the
choir from Boynton Beach being here, I think it was one of the highlights of the evening. Everyone
enjoyed their music and their presentation was absolutely great. It was a great evening and there were
several people responsible for its success and I would like to name them. Our Town Clerk who has done
diligent work on this; planning and participation; setting up the evening agenda and so forth, I would like
to thank you very much. Secondly, Rosalie who not only took care of the decorations in the Town Hall
but took care of the expertise on the trimming of the tree. A thank you to Bill Moore and Pat Roman who
helped in every aspect, whether it was setting up the Menorah, the Creche, the crib, the tree or the chairs;
Vice Mayor Brown who was up on the lift with Pat Roman decorating the tree; Ron Clark for his
transportation from St. Lucy's for the people who could not walk here. Captain Marino from the Fire
Department did a wonderful job. A special thanks to Ellen Smith who has been a wonderful person to
Highland Beach, not only in the garbage collection; but certainly in her generosity to the Town in
providing and underwriting most of our affair last night.
D) Vice Mayor Brown — I would like to give a round of applause to Commissioner Stem and
Commissioner Sheridan. They did an outstanding job. I would also like to give thanks to Beverly,
Rosalie, Pat, Bill and everyone else who was out there helping make this event a wonderful one. One of
the best I have seen so far. I think we need to wait and see what happens with our Fire Department. I
don't think this is going to happen overnight. We need to wait and see which way Delray is going to go.
To hire our own firefighters would be cost prohibitive.
E) Mayor Featherman - I would again like to congratulate Jack Lee. I agree with my fellow
Commissioners, Light Up the Holidays was a wonderful and successful event. A reminder that December
9 at 10:30 is Coffee with the Mayor.
10. REPORTS — TOWN ATTORNEY:
I also want to thank Jack Lee. I worked with many Public Work Directors and you are right up there
with the best. Happy Holidays to all.
11. REPORTS —TOWN MANAGER:
Last night was wonderful. The new Christmas tree is absolutely stunning. I will pass your comments on
to the Fire Chief about the personnel. As policy makers you can send a letter, not necessarily objecting to
the Fire Department going to the County, but expressing that you appreciate the Delray Beach Fire
Department, and it is your opinion that you would like them to keep their Fire Department in house.
Comm. Feldman — I think it would be a nice gesture to let them know how much we really appreciate the
people they assign to Highland Beach. Town Manager Weiser — Is it your consensus that you would like
me to send them such a letter. Commission agreed to Town Manager Weiser sending a letter. I received
a phone call today from our State Representative, Bill Hager. They are getting ready to go into their
Town Commission Regular Minutes
December 3, 2013 Page 9 of 9
legislative session early next year and will be going into committee meetings starting in January. He
wanted to know if there were any issues particular to Highland Beach. If there is anything you would
like me to pass on to him, please let me know. All the best Jack and Happy Holidays to all of you.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING•
Peter Rodis, 3400 S. Ocean Blvd — I would like to thank the Commission for accepting my ability to
serve on the Board of Adjustment and Appeals. We should demand of any construction manager that
his organization provide a completion bond that the project will be done on time and on budget. There
is an insurance premium that is paid and the insurance company completes the job if the construction
manager cannot. Also, the engineer and the architect who created the plan should be very involved.
Town Attorney Torcivia — We do always have a performance bond on any construction which is similar
to the completion bond he mentioned. We will be protecting the Town.
13. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman adjourned the
Regular Meeting at 2:01 PM upon a MOTION by Commissioner Sheridan; seconded by
Commissioner Stern.
APPROVED: P
Bernard eatherman, Mayor
Ron own, Vice ayor
Dennis J. Shen , Commissioner
L s P. to ommissioner
Carl Feldman, Commissioner
ATTEST:
Beverly M. Brown, C
Town Clerk
t