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2014.12.02_TC_Minutes_Regular • • .• TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, December 2, 2014 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 Ron Brown; Commissioner Louis P. Stern; and Commissioner Carl Feldman. Member Absent: Commissioner Dennis Sheridan. Also present: Town Attorney Glen Torcivia; Town Manager Kathleen D. Weiser; Acting Town Clerk Valerie Oakes; Finance Director Cale Curtis; Public Works Director Edward J. Soper; Police Chief Craig Hartmann; Library Director Mari Suarez; 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 Acting Town Clerk. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman asked for any additions or deletions. Receiving no additions or deletions, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS: Bill Weitz, 1135 Boca Cove Lane — I would like to wish Town Clerk Beverly Brown and Commissioner Sheridan a speedy recovery. Also, thank you to all the Staff and the people who volunteered to make yesterday's Open House and Light up the Holidays a big success. It was greatly appreciated by the residents of our Town. I read an article in the newspaper that Delray Beach has hired a new Town Manager. They talked about his vast experience in areas of public as well as private service. His quote was "He prides himself on building a high performing team that produces results. He thinks a manager is someone who can bring the Council and staff together and be a facilitator." I think it is a great concept for a Town Manager and very productive. I hope we can emulate it. My last question is that we have a lot of new facility here, and I am curious as to what happened to all the old furniture. What is the status of this furniture? Town Commission Regular Minutes December 2, 2014 Page 2 of 12 Rhoda Zelniker, 3912 S. Ocean Blvd — I want to wish everyone a very Happy and Healthy New Year. I too would like to wish a speedy recovery for Commissioner Sheridan and Beverly. I wanted to make the Commissioners aware that we have an electrical problem in our town. Zoie is trying to help us and maybe a letter from our Commissioners would help. Carl Gehman, Highland Beach Dr. — I just wanted to comment on the awesome job you did with yesterday's festivities. Happy Holidays. 3. PRESENTATIONS: No Presentations were made. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Acting Town Clerk Oakes read the report into the record. C) Board Vacancies: • None D) Monthly Board Meetings • Beaches & Shores Advisory Board — December 9 th — 9:30 AM • Planning Board — December 10 — Cancelled • Code Enforcement Board — December 17 — Cancelled • Financial Advisory Board — December 19 — 9:30 AM • Town Commission Workshop Meeting — December 30 — Cancelled • Town Hall Closed: December 24, 2014 December 25, 2014 January 1, 2014 • Town Commission Regular Meeting — January 6 th —1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 14 -005 O —1 READING; 2'" READING SCHEDULED FOR JANUARY 6, 2015 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING CHAPTER 28, "XERISCAPE — LANDSCAPE REQUIREMENTS, INSTALLATION AND MAINTENANCE," OF THE TOWN CODE OF ORINANCES BY AMENDING SECTION 28 -10, "MAINTENANCE STANDARDS FOR CULTIVATED LANDSCAPE AREAS ", TO CLARIFY THAT THE ADJACENT PROPERTY OWNER SHALL MAINTAIN ANY LANDSCAPING IN THE PUBLIC RIGHT -OF -WAY; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND FOR AN EFFECTIVE DATE. Town Commission Regular Minutes December 2, 2014 Page 3 of 12 Acting Town Clerk Oakes read Ordinance No. 14 -005 O into the record. Town Attorney Torcivia — This ordinance includes the changes that were discussed at the Workshop Meeting; particularly the agreement between the Town and the State of Florida Department of Transportation which is not impacted. It is ultimately the Town's responsibility; we removed the palm trees from the responsibility of the homeowners. MOTION: Commissioner Stern moved to accept Ordinance No. 14 -005 O on the first reading and schedule the second reading on January 6, 2015. Motion was seconded by Commissioner Feldman. ROLL CALL: Commissioner Stern - Yes Commissioner Feldman - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed 4 to 0. B) RESOLUTION NO. 14 -009 R — PROPOSED RESOLUTION A RESOLUTION OF THE TOWN OF HIGHLAND BEACH AUTHORIZING HIGHLAND BEACH TO APPROVE AND ADOPT THE 2015 REVISED PALM BEACH COUNTY LOCAL MITIGATION STRATEGY PLAN; AND PROVIDE AN EFFECTIVE DATE. Acting Town Clerk Oaks read Resolution No. 14 -009 R into the record. Town Manager Weiser — Under Federal mandate by FEMA, every five years Palm Beach County is required to revise its Emergency Management Plan for mitigation in case there is some kind of emergency. They require all municipalities in Palm Beach County to sign the Local Mitigation Plan with the County and then it is submitted to the State of Florida Division of Emergency Management to review it. The entire plan, consisting of 323 pages, is available to see in our office. MOTION: Commissioner Stern moved to approve Resolution No. 14 -009 R. Motion was seconded by Commissioner Feldman ROLL CALL: Commissioner Stern - Yes Commissioner Feldman - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed 4 to 0. Town Commission Regular Minutes December 2 2014 Page 4 of 12 Town Manager Weiser — By approving this particular agreement, it qualifies the Town for receiving any federal grant funds or reimbursements from the Federal Government if we have an emergency. C) RESOLUTION NO. 14-010 R — PROPOSED RESOLUTION A RESOLUTION OF THE TOWN OF HIGHLAND BEACH CALLING FOR A REFERENDUM ELECTION REGARDING THE PROPOSED CONSTRUCTION OF WATER INFRASTRUCTURE IMPROVEMENTS CONSISTING OF THE REPLACING OF WATER MAINS AND ASSOCIATED APPURTENANCES, INSTALLATION OF A LIME SLURRY /CARBON DIOXIDE SYSTEM AT THE WATER TREATEMENT PLANT AND PLEDGING OF AD VALOREM TAXES TO FUND THE PROJECT. Acting Town Clerk read Resolution No. 14 -010 R into the record. Town Manager Weiser — There was a presentation at the Workshop meeting on the proposed water infrastructure improvements. In order to get this on the referendum in March, there needs to be two hearings beforehand. The Town Attorney has drafted a proposed resolution and the ballot wording. Town Attorney Torcivia — The Resolution in front of you is legally sufficient. I had asked the question whether the Commission would want an estimated amount or a hard cap. There were pros and cons from the citizens. This has the estimated amount, which is the way it has been done in the past. There is another option, but it is up to the Commission as to what you would prefer. Commissioner Feldman — When we present this to the residents, we have to be very transparent on what we are asking for and what they are going to get from it; or what they won't get from it if they vote against it. The legalese in this Resolution is a little bit complicated. Is there any way we can spell it out easier for the average resident to understand so when it does come up on the polls, they will be able to vote for it or against it. Town Manager Weiser read the wording that would be on the ballot as follows: "Approval to expend funds in excess of $350,000 for water infrastructure and water plant improvements. May the Town proceed with water infrastructure improvements consisting of replacing water mains and associated appurtenances and the installation of a lime slurry /carbon dioxide system at the water treatment plant? Estimated cost five million dollars at a cost in excess of $350,000, and may the Town levy and pledge ad valorem taxes without limitation as to rate or amount. Yes or No." Comm. Feldman — It doesn't really say what would happen if they don't approve it. That has to be in some of the wording. If they don't approve it, we will be in a real problem area with our water system. I was wondering if the Town Attorney could come up with some wording to make it easier. Town Attorney Torcivia — We could definitely make it a less legalese. The way it is written now is an estimated amount and will exceed $350,000; it is five million dollars actually, or do you put a hard cap on it? The bad part about the hard cap is that the Town Commission Regular Minutes December 2, 2014 Page 5 of 12 bidder is going to bid up to the hard cap. If you have a cost over the cap then you are stuck. The difficulty in making it clear is that you are limited to 75 words. We can reword this but it is also not to direct people how to vote. Comm. Feldman — Could we send out letters to the residents so they will get this way in advance and know what they are doing? This certainly will help the whole town. Town Attorney Torcivia — There are two questions. One is what is the ballot going to say, and the other is what can the town do to educate and inform the residents. You have a great deal of latitude to provide factual information. As long as you are providing the facts, the pros and cons, you can send out that information. Do you still want this language to change or do you want the fact sheet to change? Comm. Stern — I would like the fact sheet to change so they can understand what we are doing. Town Manager Weiser — We also have another Highlander that will come out before the election and we can do a whole page with more additional information. We also have the presentation PWD Ed Soper did at the Workshop, and we will be having him do that consistently at every workshop before that time. He would also be available to talk to any homeowner's associations if they would like. Commissioner Stern — I spoke with a few people and when they heard the word infrastructure, they said it has to be done. I think we are in the right direction. Vice Mayor Brown — We need to get this done. PWD Soper's slides should be in the next Highlander. They explain everything and would make it easier for the residents to understand. Mayor Featherman — I spoke to some residents who said there was a lot of chlorine in the water. Others said they had a water filter and the pressure was fine. I feel we should inform the people as to what it is we want to do since this is a major project that could cost up to five million dollars. MOTION: Commissioner Stern moved to approve Resolution No. 14 -010 R. Motion was seconded by Commissioner Feldman ROLL CALL: Commissioner Stern - Yes Commissioner Feldman - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed 4 to 0. Town Commission Regular Minutes December 2 2014 Page 6 of 12 6. CONSENT AGENDA: Acting Town Clerk Oakes read the Consent Agenda into the record: A) Commission to appoint Charles Shane to the Planning Board for a three -year term (12/2014 to 11/2017). B) RESOLUTION NO. 14 -007 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA STRONGLY OBJECTING TO RECENT ACTION TAKEN BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO WITHDRAW PALM BEACH COUNTY FROM THE TREASURE COAST REGIONAL PLANNING COUNCIL AND TO REQUEST MEMBERSHIP IN THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL INSTEAD; AND STRONGLY SUPPORTING THE COUNTY'S CONTINUED MEMBERSHIP IN THE TREASURE COAST REGIONAL PLANNING COUNCIL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C) RESOLUTION NO. 14 -008 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 13 -013 R WHICH APPROPRIATED FUNDS FOR THE 2013 -2014 FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2013 AND ENDS SEPTEMBER 30, 2014. D) Commission to authorize the cancellation of the December 30, 2014 Town Commission Workshop Meeting. E) Commission to authorize acceptance of the low bidder's proposal to replace the air cooled chiller unit at the Public Works Facility. F) Commission to approve the agreement between the Water Department and Hacros Chemical, Inc. for the procurement of the Sodium Hydroxide by "piggybacking" onto the City of Lake Worth agreement. G) Commission to authorize the Mayor to sign a contract with Susan Bucher, Palm Beach County Supervisor of Elections, for the March 10, 2015 Highland Beach Municipal Election. H) Approval of Minutes: • October 28, 2014 — Workshop • November 4, 2014 — Regular Meeting Town Commission Regular Minutes December 2, 2014 Page 7 of 12 MOTION: Commissioner Feldman moved to accept the Consent Agenda as read. Commissioner Stern seconded the motion. ROLL CALL: Commissioner Feldman - Yes Commissioner Stern - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 4 to 0 vote. 7. NEW BUSINESS: A) Commission to approve the Recreational Facility (pool) on the roof of a multi - family dwelling at the property located at 3200 S. Ocean Blvd. Town Manager Weiser — The 3200 S. Ocean Blvd. pool is to be relocated from the second floor, which is what you originally approved, to the roof of the structure. According to our Code you have to approve this particular change in their plan. Comm. Feldman — In our Code it states that you can have a pool on the roof in multi - family dwellings. Comm. Stem and Vice Mayor Brown had no objections. MOTION: Commissioner Feldman moved to approve the relocation of the pool at 3200 S. Ocean Blvd. Motion was seconded by Commissioner Stern ROLL CALL: Commissioner Feldman - Yes Commissioner Stern - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed 4 to 0. 8. MISCELLANEOUS — ITEMS LEFT OVER: A) Procurement of Architect/Engineer for Library Terrace Project Town Manager Weiser — At the direction of the Town Commission, staff re- advertised Request for Proposals for an Architect/Engineer to provide professional services for the Library Terrace enclosure project. It began on October 9 and it included a provision for firms to submit a proposal that was not to exceed a cost for their services. We received only one response from the Corrales Group Architects. The Town's Selection Committee is recommending that the Town Commission award them the contract at a not to exceed amount of $24,000. Town Commission Regular Minutes December 2, 2014 Page 8 of 12 Commissioner Feldman — When this project first came to the Town, there was a study done by Barry Donaldson who stated that this project should not be more than $150,000. The Corrales Group is saying that this project is going to cost between $225,000 and $250,000 plus $25,000 for his cost. I have spoken with other architects who are coming up with a figure of $5,000 for the drawings. I think we could do this for $150,000. We cannot go forward with this particular architect at his cost. Commissioner Stern — There is no question that we cannot go forward with this particular architect. We need to find, at some point today, a procedure on how we can go forward. Vice Mayor Brown — We all feel this needs to get done. We voted on this a while back and there were four votes "no" to hiring an architect for $15,000. I don't know the answer, but I do know we need to get this project done. Mayor Featherman — I also agree that this project needs to be completed. It is very important for our community. I spoke with some people who gave me the name of contractors who could get the engineers /architects to perform this job for the amount of money we have allocated to spend on this project. Comm. Stern — I think this project should have been finished. Therefore, how do we today, decide how we can put this together and have it done for the amount we have in the budget. Town Manager Weiser — There are three ways we could put out this type of project. We have done two of them. The first was a Request for Qualifications (RFQ) which is a competitive negotiations with an architect. That is how we got the bid for $15,000. The second is a Request for Proposal (RFP) which is a price bid. That is where we got the $24,000. The third is called a Design Build where you ask for an architect who will agree to design. They hire the contractors and sub - contractors at a cost not to exceed the amount you have in your budget. It is allowed through our Procurement and State Statute. Comm. Stern — That sounds like a great idea to me. Comm. Feldman — I agree. This is really a renovation and not a new structure. Comm. Feldman — We have a major contractor here in the audience; Seagate Construction Co. How would you handle a project like this? Garrett Grape, Seagate Construction — We feel it is a great approach and do several projects Design Build and highly recommend it. With the Design Build approach, if you bring in your contractor at the right stage, it eliminates a lot of change orders and design. The intent here is just to be really be co- compliant for your drawings so you don't need a full blown design. The challenge will be to identify the scope and allow it to be bid out. It is also the quickest as time goes as well. Comm. Feldman — We should give the Town Manager the names of the contractors that were supplied to us. Town Commission Regular Minutes December 2 2014 Page 9 of 12 MOTION: Commissioner Stern moved to authorize staff to put out a Design Build with a scope of work not to exceed $150,000. Motion was seconded by Commissioner Feldman. ROLL CALL: Commissioner Stern - Yes Commissioner Feldman - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed 4 to 0. B) Consideration of Allowing Construction on Certain Holidays Town Manager Weiser — Section 12 -6 of the Highland Beach Code prohibits construction on holidays recognized by the Town with the exception of the day after Thanksgiving. The Town has had many issues with not allowing construction on President's Day, Columbus Day and Christmas Eve because these are not necessarily holidays that are recognized nationally, by banks or by schools. What has happened is that the contractors start working and the Police Dept. has to shut them down. On these particular days, the Building Dept. has to call each of these contractors advising them that they cannot work on these days. It impacts the deadlines of the contractors hired by our residents. If you were to allow this, you will need to instruct our attorney to change that section of our Town Code. Comm. Feldman — A list of these days could be provided to the contractors when they apply for a permit. Comm. Stern — The question is whether or not we should allow them to work on these holidays. Vice Mayor Brown — I do not support the change. As a single - family homeowner there is a big difference when we don't have construction going on. Mayor Featherman — I think we should consider not having work done on a holiday. MOTION: Vice Mayor Brown moved to not allow construction on those specific holidays. Commissioner Stern seconded the motion. ROLL CALL: Vice Mayor Brown - Yes Commissioner Stern - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion passed 4 to 0. Town Commission Regular Minutes December 2 2014 Page 10 of 12 9. REPORTS — TOWN COMMISSION: A) Commissioner Carl Feldman — We had a great participation last night in Light up the Holidays. I commend Valerie Oakes for doing a great job. The Friends of the Library is having a major fundraiser this weekend. I would like to have more transparency between the Town Manager and the Commission. Many things go on here that we don't know about. As a Commissioner I would like to know what is going on. For instance, the Town employees are given a gift certificate for the holidays and also for their birthdays. I think it is great but we should know that. Also, what did happen to all the furniture from the Police Dept. and the other facilities? I know the chairs were sold. Town Manager Weiser — We will put together a list for you. Comm. Feldman — I understand we approved giving Delray Beach $3,000 for their CERT program. I have joined this program and find it very interesting. It is my understanding that they never received this money. Town Manager Weiser — They are planning on having training with that money, but have put off the training until the beginning of the year because the people they have in the CERT program are not all here yet. When they pick a date, we will pay for the training. Comm. Feldman — We are having it now after we allocated the $3,000. They formed their own foundation; the CERT Foundation of Delray Beach. Town Manager Weiser — Elyse Riesa is the head of our CERT program. We are doing our own training and they are hiring the instructor. Comm. Feldman — We are taking the training right now in Delray. Town Manager Weiser — Are you new to the program? Comm. Feldman — Yes we are. Town Manager Weiser — This is different funding. The funding we have is to update all the people already in CERT and have been trained. This is the first I am hearing that new people are being trained. They asked us to get money in our budget to retrain the people that have already been certified in CERT. Comm. Feldman — I think the Town Attorney should take a larger role in the civility of these meeting that we are having; especially the bantering back and forth between the Mayor and the Vice Mayor. Town Attorney Torcivia — I would have no problem doing that. However, I am not so sure that the people I might be in the middle of would appreciate it. You specifically mentioned the Mayor and the Vice Mayor. So if they are having a conversation, I would ask for a motion for that authority because I don't know if it is my role to get between the Mayor and any other Commissioner. Comm. Feldman — I would like to make that motion because quite frankly it is embarrassing when this occurs. Comm. Feldman made a motion. The motion was failed due to a lack of a second. Town Attorney Torcivia — Even though there was no motion, I will try in a gentle way. B) Commissioner Louis P. Stern — I would like to thank my fellow Commissioners for doing the amount of work they did for last night's event. The good news is that we came in under budget; about $325.00. C) Commissioner Dennis Sheridan — Absent. D) Vice Mayor Brown — I would like to thank Commissioner Stern for chairing the events starting with the Open House through Light up the Holidays; specifically the Town Staff who were here Town Commission Regular Minutes December 2 2014 Page 11 of 12 well after their hours to get everything the way you saw it last night. Regardless of the rain, it turned out really good. One more special thanks to Valerie. She did a great job. E) Mayor Featherman — We have a dedicated group of Commissioners who work very hard on behalf of our community. We do need more transparency from our Town Manager. Things have been said here today that we were not aware of. They are good things but we should know about them. I was made aware of the meeting we had last month where there were approximately 200 residents attending. If people really care about something they will show up. It is important to have a voice in our community. We have the residents at heart and are here to serve you and will fight for you. 10. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: The firm that did not provide a proposal for the Solid Waste contract did make a complaint to the Inspector General. They have requested a response to a couple of issues. Basically it was the level of service. The Town has a very high level of service and they want to maintain that level of service. We are doing that response and don't expect there to be any fallout from it. 11. REPORTS — TOWN MANAGER KATHLEEN A WEISER: Regarding the fire truck issue, I received an email from the Fire Chief Danielle Connor with an update on the replacement of the ladder truck. The City CFO has been negotiating finance terms for the lease of the apparatus. The next step is for the Attorneys and the Finance Directors of both towns to work out the details. The new Inter -local agreement will have to go before the respective Commissions. She is hoping to set up this meeting before Christmas. I also want to thank Valerie Oakes for stepping into the Clerk's role and organizing our Light up the Holidays event. She did a wonderful job. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUS AT MEETING: Mike Stein, 3912 S. Ocean Blvd — I want to thank the Commission for going ahead with the design build for the terraces. I would be happy to assist if need be. Peter Rodis, 3224 S. Ocean Blvd — With reference to the water issue, I am hoping that in addition to making it clearer on the ballot question, we add the financing issue to it because many of our citizens will want to know how we will pay for it. Will it be Florida money or bonding money? It is important for each of the Commissioners to be concerned about the cost of the five million dollar proj ect. Bill Weitz 1135 Boca Cove Lane — The CERT training (Community Emergency Response Training) is excellent and a very effective program. It is currently and has been run by the Delray Fire Dept. Emergency Preparedness people. They are currently training. They lost their basic funding from Delray. They are training us for free and I hope we can find a way to get funds to Town Commission Regular Minutes December 2 2014 Page 12 o 12 them. If we provided that funding, I am sure they would be glad to provide the advanced training. I am advocating for the program. It is something we should all get involved in. Carl Gehman Highland Beach Dr. — How much will the water project increase our property taxes? I called the CERT program and they never got back to us. Town Manager Weiser — I will let Elyse Riesa know that you are interested. Rhoda Zelniker, 3912 S. Ocean Blvd. — I also volunteered to be in the CERT program. There are six people registered from Highland Beach. It is a wonderful course to have. There was a discussion at the CERT class about never having received the money from Highland Beach. I think it is very important that we do get this money to them. Am I correct that Delray Beach is leasing the fire truck? Town Manager Weiser — That is correct. Rhoda Zelniker — The Delray Beach Fire Dept. does a lot for our town. Ken from the Fire Dept. is the one who is doing the training. Happy holidays to all. 13. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 2:45 PM upon a MOTION by Commissioner Stern; seconded by Vice Mayor Brown. APPROVED: Bernard atherman, Mayor Ron rown, ice Mayor Absent Dennis J. Sheridan, Commissioner t to ss ldman ommissioner ATTEST: Valerie Oakes, CMC Acting Town Clerk ,Q- 31-6? S- Date