2015.02.24_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, February 24, 2015 1:30 PM
Mayor Bernard Featherman called the Workshop Meeting to order in the Commission Chambers at 1:30
PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner
Louis P. Stern; Commissioner Carl Feldman and Commissioner Rhoda Zelniker. Also present: Town
Attorney Glen Torcivia; Acting Town Manager Beverly Brown; Acting Town Clerk Valerie Oakes;
Finance Director Cale Curtis; Public Works Director Edward Soper; Library Director Maria Suarez;
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 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:
Peter Rodis, 3224 S. Ocean Blvd thanked the Commission for the brochure that was sent to all the
residents regarding the water main project. It was well done and informative.
Bill Weitz, 1135 Boca Cove Lane addressed the CERT Program training course stating that they had
a great turnout, informative and looking forward to future training sessions. He thanked the town
and staff for their support and putting together this program.
Dax Williams, President of Reel Builders explained that he disclosed the fact that Library Director
Mari Suarez is his Mother -in -Law prior to the Selection Committee meeting prior to the vote, in
which, there was no issue at that time. He was unaware that Palm Beach County had an ordinance
against family members being awarded contracts. The Articles of Incorporation with the State of
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February 24, 2015 Page 2 of 10
Florida can be redone within a day or two to show clear ownership of me with no family member
directly related to Mari Suarez, Director of the Highland Beach Library. It will read Dax Williams,
Sole Proprietor of Reel Builders.
Lisa Tropepe, P.E and President of Engenuity Group stated that she has been consulting for
Highland Beach since 2002 on an as- needed basis and is asking why the Town would like to
terminate her contract for services, which is listed under item 6B. I understand if you want to go out
to bid on projects and services, and this contract does not preclude you to do so. You have the
ability to use the firm's talents, but if you chose not to, you do not have to. Ms. Tropepe described
the projects she was involved in for the Town and requested that she be able to speak when this item
is discussed.
Marge Lanthier, Co- President of the Friends of the Library Board would like to know what the term
due - diligence means, since it was not done in the case of the last bid opening. The library project
has taken over two years. Town Attorney Torcivia expounded on the term "due diligence" as the
responsibility of both sides. The bid document states that each proposer must comply with all
Federal, State and Local laws. By submitting the proposal, the proposer is representing that they are
familiar with these laws. The burden falls on the proposer to know what the laws are that they are
bidding under. The law is clear that, in Palm Beach County, there is a Code of Ethics that says that
someone who is employed by the Town, certain relatives cannot then provide services to the Town.
Ms. Lanthier added that the Library Director stated that she could not participate in the whole
process because her son -in -law was applying for the job.
Mike Stein, 3912 S. Ocean Blvd commented that the Commission knew that he was trying to
develop contractors to bid on this job and, at that time, Mari Suarez mentioned that her son -in -law
did this type of work. We asked Finance Director Curtis if it would be appropriate for him to bid
since the Library Director Mari Suarez was his mother -in -law. Director Curtis consulted the Town
Attorney and was told, that as long as she agrees not to be part of the evaluation committee, Mr.
Williams could bid. When Comm. Feldman asked the Town Attorney for a written opinion that Reel
Builders would be able to bid, a different answer was received. The Commission must consider this
issue. In fairness to Reel Builders, they expended money in good faith and if not awarded the
contract, some type of compensation should be given to them.
3. PRESENTATIONS:
• Proclamation — Ethics Awareness Month
Acting Town Clerk Oakes read the Proclamation into the record declaring March 2015 as Ethics
Awareness Month, which will be observed by the Town of Highland Beach.
4. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• No Report
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February 24, 2015 Page 3 of 10
C) Board Vacancies:
• Board of Adjustment & Appeals — Two Year Unexpired Term ending 01/2017
Talent Bank Interview
• Carl Gehman, 1123 Highland Beach Drive stated that he is very interested in serving on
the Board of Adjustment & Appeals.
• Edward Neidich, 4740 S. Ocean Blvd gave a summary of his credentials and is very
much interested in serving on the Board of Adjustment & Appeals. Due to his
background, he feels qualified to serve on this Board.
• Myles Schlam, 3594 S. Ocean Blvd provide his credentials and background stating that
he is very interested in serving the community.
Consensus was to place this item on the March 3 rd agenda under Miscellaneous Items — Left
Over.
D) Monthly Board Meetings:
• Boards' Luncheon — February 25 — Noon
• Meet the Candidates — March 2 nd — 7:00 PM — Library Community Room
• Town Commission Regular Meeting — March 3 rd —1:30 PM
• Election Day — March 10 — 7 AM to 7 PM — St. Lucy's Church
• Planning Board — March l I 9:30 AM
• Town Commission Special Meeting — March 12 —10:30 AM
• Financial Adv. Board — March 16 — 9:00 AM
• Beaches & Shores Adv. Board — March 17 9:30 AM
• Town Commission Workshop Meeting — March 31 st — 1:30 PM
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 15-002 O — Scheduled for 1 st Reading on March 3, 2015
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, AMENDING CHAPTER 7 " ELECTONS" SECTIONS 7 -7
"PROCEDURE FOR HOLDING ELECTION", 7-8 "OPENING AND CLOSING OF
POLLS; CANVASS OF RETURNS" AND 7 -9 "DECLARATION OF ELECTION" TO
REMOVE LANGUAGE IN CONFLICT WITH THE TOWN CHARTER SECTION 1.06
"TOWN COMMISSION CREATED; ELECTION; TERMS; TOWN CLERK;
QUALIFICATIONS OF ELECTORS; GENERAL ELECTION LAW "; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Acting Town Clerk Oakes read Ordinance No. 15 -002 0 into the record.
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February 24, 2015 Page 4 of 10
Acting Town Manager Brown — This change in the Canvassing Board was approved in the
election of March 2014, and all we are doing is including it in the codification.
B) RESOLUTION NO. 15-003 R — Proposed Resolution
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING
THE ELECTION FOR ONE (1) COMMISSIONER SEAT (THREE -YEAR TERM) TO
HAVE BEEN HELD ON THE 10' DAY OF MARCH, 2015 TO BE UNNECESSARY
SINCE THE ONLY CANDIDATE WHO QUALIFIED WAS UNOPPOSED.
Acting Town Clerk Oakes read Resolution No. 15 -003 R into the record.
Acting Town Manager Brown — State Law allows us to declare a winner when there is no
opposition. Commissioner Stern was the only person who qualified for this three -year term as a
Commissioner again, and is automatically elected.
Consensus was to place this item on the Consent Agenda for March 3 rd .
C) RESOLUTION NO. 15-004 R — Proposed Resolution
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING
THE ELECTION FOR ONE (1) COMMISSIONER SEAT (TWO -YEAR TERM) TO
HAVE BEEN HELD ON THE 10 DAY OF MARCH, 2015 TO BE UNNECESSARY
SINCE THE ONLY CANDIDATE WHO QUALIFIED WAS UNOPPOSED.
Acting Town Clerk Oakes read Resolution No. 15 -004 R into the record.
Acting Town Manager Brown — This is the same situation. Commissioner Zelniker is runnin
for the two -year term as unopposed replacing Commissioner Sheridan. By State Law, she is
considered automatically elected because she has no opposition.
Consensus was to place this item on the Consent Agenda for March 3 rd .
6. NEW BUSINESS
A) Recommendation to Award Design/Build Contract to Reel Builders, LLC.
Town Attorney Torcivia — There was an RFP (Request for Proposal); pre -bid conference January
20'; bids received on January 6 and on February 9 Mr. Williams disclosed his relationship to
the Library Director Mari Suarez. Until February 19 t `, I was not sure of the relationship in
terms of the company. It was my understanding that Mr. Williams was an employee of the
company that was bidding, and not the owner of the company. More importantly his wife, who
happens to be the daughter of Library Director Suarez, is also an owner of the company. That is
the problem; her ownership part of the company which is 49 %. The Palm Beach County Code
of Ethics states, if a child of an employee (Mrs. Suarez's daughter) owns more than five (5 %)
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February 24, 2015 Page 5 of 10
percent of the company, then that is a prohibited relationship. You are not prohibited from
awarding this contract. The person who could get in trouble is Library Director Suarez; so, this
is really intended to protect her. There is a potential violation of the Code of Ethics; particularly
to Ms. Suarez. We reached out to the Palm Beach County Code of Ethics and they see this as a
problem for her, not for the Town. They will issue a written opinion if you would like. In terms
of the due diligence, the proposal puts the burden on the applicant to comply with all Federal and
State laws and to know what these laws are. Again, you can award this contract but there is a
risk to Ms. Suarez. Your other option is you could choose another bidder, or you reject all bids
and go through the process again.
Commission Discussion:
Commissioner Zelniker — I have been involved with RFP's, and attorneys would add a disclosure
statement for nepotism that the bidder would have to sign. Is this something we would do
automatically, or should this be put in our policy and procedures which the Financial Advisory
Board is working on? Town Attorney Torcivia — You have a catch -all paragraph that says
"complies with all laws ". Once you put in one, where do you stop because there are so many
laws that deal with this type of project. If you would like, we could certainly do this in the
future.
Commissioner Feldman — When Fin. Dir. Curtis spoke with Attorney Brian Shutt, why did he
not make it clear to him that this problem was there? Town Attorney Torcivia — At that time,
the thought was that he was an employee of the company. I found out for the first time that he
and his wife were owners after you and I spoke. If she were just an employee, and not an owner
of more than five (5 %) percent, there would be no problem because the law does not prohibit
son -in -laws. Fin. Dir. Curtis — I have an email to Brian Shutt on February 9 which is
forwarding Dax Williams' email disclosing that he is the son -in -law of Library Director Suarez
with a question "do we need to disclose this at the Selection Committee Meeting ?" I spoke with
Attorney Shutt and his advice to me was that this should be brought up at the meeting. Town
Attorney Torcivia — Did you have any idea, at that point, that the daughter was an owner? Fin.
Dir. Curtis — No, I did not. Comm. Stern — If Mr. Williams changes the documents of his
incorporation, would that clear the situation? Town Attorney Torcivia — Ideally, he would have
done it prior to putting in the bid. Your safest course is you reject all bids; they reform a
corporation and they bid again. If everybody bids again, there would be no risk to the Town or
Library Director Suarez. Comm. Feldman — I reviewed all the proposals and found that Reel
Builders was the most qualified. I would like to find a way legally to appoint this contractor.
Commissioner Stern — No one wants this project done sooner than later than me. I am concerned
about the liability, and we have to keep this project clean. If Reel Builders were to get the
contract, they could start in April and be finished in June. However, if we can get this RFP out,
start in June and finished by September, I am comfortable with the Library starting the season in
September rather than June. We need to listen to our Attorney and do things the right way.
Vice Mayor Brown — I think we should go out for the re -bid, and if Reel Builders comes in once
again, Library Director Suarez will be in the clear.
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Consensus was to place this item under Miscellaneous — Items Left Over on the March 3rd
agenda.
B) Authorization to Terminate "Contract for Professional Services" with the Engenuity
Group, Inc.
Acting Town Manager Brown — Engenuity Group is our Engineer of record, and we are in an
open -ended contract, whereby we need to give 60 days notice to terminate. The Town staff
would like to go out to bid for engineering services and have multiple agreements along with
architectural services. This way, if we have a specific item that comes up, we have a specific
person to contact. Engenuity Group would still be able to submit the qualifications, but it would
give us flexibility to work with other engineering companies and architectural companies.
Commission Discussion:
Commissioner Zelniker deferred comment to the other Commissioners.
Commissioner Feldman — Any contracts we have in Highland Beach should never have an open -
end to it. I see nothing wrong in getting competitive contracts on a specific item.
Acting Town Manager Brown informed all the Commissioners that Engenuity Group had some
limitations on what they could do, but had consultants that they work with. I believe we should
end the contract with Engenuity Group, but allow them to look at any future contracts we have
along with others.
Commissioner Stem — We should not have open -end contracts. I am familiar with the Engenuity
Group and would like to be able to use them in the future, but I think we need to get bids from
more than one going forward.
Vice Mayor Brown — I see no reason to terminate their contract since I have not heard any good
reasons to do this. Comm. Stern — One of the reasons is that we were not getting competitive
bids. (Read aloud the invoice amounts from Engenuity Group beginning with 2010 until the start
of 2015). It is prudent on the town to not have just one vendor, but the opportunity to get bids
from many vendors.
Consensus was to place this item under Miscellaneous — Items Left Over on the March 3rd
agenda.
C) Authorization to Purchase Photo Plaques for the Commission.
Mayor Featherman — I designed a plaque to be made in honor of Commissioner Dennis Sheridan
(distributed a copy to each Commissioner and the Town Manager). I thought about the
outstanding people on our Commission and felt we should give them a point of gratitude also by
having a plaque made for them.
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February 24, 2015 Page 7 of 10
Comm. Feldman — It is a fine thought but I don't think it is necessary. Comm. Stern — I also
agree it is not necessary. We do honor each Mayor that is elected and have pictures that will be
hung in our Chambers.
Consensus was to not proceed with the purchase of the photo plaques for the Commission.
7. MISCELLANEOUS — ITEMS LEFT OVER
A) Discussion of Dedication for Dennis Sheridan and the Creation of a Fund.
Comm. Stern — The family has asked that we do not create a fund or dedicate one of the rooms in
the Library. In its place would be the creation of an 8" x 10" plaque of the Civility Pledge,
which he so honored, and placed on the back wall in the Commission Chambers. The cost would
be approximately $100.
Comm. Zelniker — This is a great idea, but perhaps we could do something a little nicer. Comm.
Feldman agreed.
Vice Mayor Brown suggested the Civility Pledge be written on the wall in script with a
dedication plaque next to it "In Memory of Dennis Sheridan and his years in service as a
Commissioner ".
Comm. Stern stated that he would look into this further.
B) Minutes:
• January 6, 2015 — Regular Meeting
• January 27, 2015 — Workshop Meeting
Consensus was to place the minutes on the Consent Agenda for March 3`
8. REPORTS — TOWN COMMISSION:
A) Commissioner Rhoda Zelniker — There is a Disaster Preparedness Seminar on Wednesday,
March 4 from 1:00 PM to 3:00 PM in the Town Hall. Hurricane season is upon us and we
should all be prepared, managers and residents alike.
B) Commissioner Carl Feldman — March 10 is Election Day and this is a very important
election. The referendum question concerns everyone in this town and a brochure was sent to
each resident explaining the water main project. Another important date is March 2 °d , which is
Meet the Candidates night. It is very interesting and informative. It will be held at the Library
and there will only be 100 seats available.
C) Commissioner Louis Stern — It is great to see people in our Town wanting to serve on our
Boards. I especially want to thank the three candidates who appeared before us today. You are
all very qualified.
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D) Vice Mayor Ron Brown had no report.
E) Mayor Bernard Featherman — I have been contacted by several residents regarding the lack of
control over the wakes on the Intracoastal Waterway and the danger to the manatees and the
docked boats. Our Commissioners are working to develop a solution to this problem. Another
complaint has been over inconsiderate bikers. Our Police Department has worked on reducing
this problem. Bicyclists have the same rights as automobiles to use the road and must adhere to
all the same traffic laws. However, not all bikers stop for pedestrian crossings. Regarding the
candidate signs, they are expensive to make and are private property. Residents have the right
to remove these signs from their property if they did not approve them being placed there. No
one has the right to unilaterally remove other people's signs. Let us observe the law and respect
everybody's democratic rights. On a personal note, I am so pleased to see and know such public
spirited, committed people who live in the Town of Highland Beach.
9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA:
No report.
10. REPORTS — ACTING TOWN MANAGER BEVERLY BROWN:
I would like to thank the Police Department for the great job they did this morning with the incident
on the Intracoastal in cooperation with Boca, Delray and the Sheriff's Department. Residents
received a Code Red Alert at 7:00 AM from Assistant to the Town Manager Zoie Burgess who made
these calls from home. It is the first time we had to do anything on this level in a very long time.
We are still waiting for the contract on the fire truck and the emergency medical truck. We have
received some prices, but not the actual contract. Tomorrow is the Board's Appreciation Luncheon
and the parking will be complimentary. Please notify the valet that you are attending the luncheon.
11. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING ONLY:
Bill Weitz, 1135 Boca Cove Lane — I appreciate the difficult discussion the Commission had on the
issue of the Library. Everyone wants to see the Library project move forward, but I do have one
concern. When I was on the Board of Adjustment & Appeals, at the beginning of every meeting we
were asked if we had any ex parte communication. Another issue that concerns me is, unless this is
totally done right, any bidder that had bid previously could litigate against this town for failure to
follow procurement procedures. From what I have heard today, there has been a great deal of ex
parte communication going on. There has been a great deal of material being shared with certain
bidders that have not been shared with other bidders. I want to be sure that this town operates in a
legal and ethical manner to protect the town and the individuals involved in this case.
Peter Rodis, 3224 S. Ocean Blvd — After the issues we had with the Inspector General's Office, I
would like to commend the Commission and am pleased that you understand your obligation and
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February 24, 2015 Paze 9 of 10
responsibility in terms of the Library. I am also in agreement with Comm. Feldman that there
should be no open -ended contracts. Regarding the wakes on the Intracoastal Waterway, Comm.
Stern and I are trying to involve State Senator Maria Sachs to help us with this situation.
Dax Williams, Qualifier President of Reel Builders — On the January 24, 2015 RFP, it asked to have
a signature of who is qualified and responsible to deal with the project, and my name is listed as
President. On the cover page of my submittal, it says President and Qualifier which means I own the
license and I am President of the company. In the email I sent on February 2 nd , you could have
eliminated me at that time because I did not submit my response on the due date, and your Town
Attorney Torcivia was aware of it. So, you did have actual time to refer to it. My mother -in -law is
the Library Director and it would be great to make that place beautiful for her.
Lisa Troneue — I would like to clarify that the Request for Qualifications Proposal is just that, and
not an open -ended contract. There is a process in the State of Florida called the Consultant's
Competitive Negotiation's Act (CCNA) and I have been through this process more than once with
the Town of Highland Beach. If you are concerned about past relationships, I have had professional
relationships with Ben Saag, Dale Sugarman and some of you on the dais. The Request for
Qualifications is not only about qualifications; it is also about price. You have received costs from
me that were discounted and competitive. I ask you, as elected officials, to ask the questions of your
Town Attorney what the process was about. If you can, when projects arise, go out for bid because
you do have that ability as well. You are not limited to working with Engenuity Group.
Carl Gehman, 1123 Highland Beach Drive complimented the Commission on the great job they are
doing.
12. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman adjourned the
Workshop Meeting at 2:45 PM.
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February 24, 2015 Page 10 of 10
APPROVED:
Bernard Featherman, Mayor
Ron Brown, Vice Mayor
4 t'ot's Stem - o ssioner
Carl Feldman, Commissioner
I
RhAAZelniker, Co ss oner
ATTEST:
c
Valerie Oakes, CMC
Acting Town Clerk
/7/ /S
Date