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2015.03.03_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, March 3, 2015 1 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; 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 J. Soper; 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 REOUESTS: Bill Weitz, 1135 Boca Cove Lane thanked the Commission and Town Staff for the luncheon at the Delray Sands Hotel honoring the volunteers on the boards and committees who put in a great deal of time making Highland Beach the wonderful place it is. Carl Gehman, 1123 Highland Beach Drive questioned if the Library enclosure would be completely closed or screens added. Commissioners Feldman and Stern answered it would be closed. Town Commission Regular Meeting Minutes Tuesday, March 3, 2015 Paae 2 of 9 3. PRESENTATIONS: • Water Infrastructure Improvement Projects by Public Works Director Ed Soper. Public Works Director Ed Sir referred to the Referendum Question on the March 10 election ballot regarding the replacement of the water mains on the side streets in Highland Beach. This project has been on the Town's Strategic Plan for several years. (The slideshow presentation is attached as Exhibit "A7). Finance Director Cale Curtis — If the voters approve this project, it would be an estimated cost of $5,000,000.00 for both projects. His recommendation is that we use the State of Florida's Special Financing Program which is administered by the Department of Environmental Protection. They have a Drinking Water Loan Funding Program known as the SRF, which provides very low interest on 20 year loans; current interest rate is 1.31 %. We would be looking at annual debt service payments of $300,000.00, principal and interest. The Town has used the SRF for financing all the debt on the Water Plant. (Referred to the presentation attached as Exhibit "A" for the project's financing plan). PWD Soper — If this project is approved, we will need to get a consultant and prepare the design and bid specifications. Once they are finalized, we will go to procurement for construction services. Commission Discussion: Mayor Featherman — Will we be replacing the meters on the individual homes and if so, will there be a charge? PWD Soper — We now have a remote read system and have a system on order that will enable us, on a weekly basis, to collect the leak detection data. It is not part of this project, but the current meters will be capable of doing that with the new software and meter reading devices. Commissioner Zelniker — Are you aware that there are some side streets where the water mains will not be replaced? PWD Soper — There are some private streets that are not encompassed in the publicly owned sector. The Town does not do work on private property because there is a great deal of liability involved in that. If those homeowner's associations would want new water lines, they could negotiate with the contractors at that time. I will look into this at Comm. Zelniker's request. Commissioner Feldman — As we discussed, the pipes on the private streets are newer pipes and most likely do not require replacement. On the chemical side of this project, will this make the water taste better? PWD Soper — It most likely will. Our current drinking water meets all State and Federal drinking water requirements and is very high quality water, but some of the aesthetic quality of it is not that good. It definitely will improve the aesthetic quality taste but will not affect the chlorine because chlorine is a state mandated chemical that is needed for disinfection purposes. Comm. Feldman — Will this affect the water pressure? PWD Soper — It will improve volume and this should not be confused with pressure. The pressure will be about the same but you will see more volume. Town Commission Regular Meeting Minutes Tuesday, March 3, 2015 Page 3 of 9 Commissioner Stern — This is going to be a wonderful project. The only concerns I have heard from the residents is the unknown factor; the cost of what it might be to hook up their own pipes into the system, and we have no known answer to that. I think this is a great investment for the town. Vice Mayor Brown — Would there be any impact on our sewer system? PWD Soper — This does not involve the sewer system, and there would be no impact. 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 • Election Day — March 10 — 7AM to 7PM — St. Lucy's Church • Planning Board — March 11 — 9:30 AM • Town Commission Special Meeting — March 12 —10:30 AM • Financial Advisory Board — March 16 — 9:00 AM • Beaches & Shores Advisory Board — March 17 — 9:30 AM • Town Commission Workshop Meeting — March 31 —1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 15 -002 O —1 READING AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 7 "ELECTIONS", 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 O into the record. Acting Town Manager Brown — This Ordinance amends the Charter that was approved by referendum last year authorizing the Town Commission to delegate its Canvassing Board responsibilities. Town Commission Regular Meeting Minutes Tuesday, March 3, 2015 Pase 4 of 9 MOTION: Commissioner Stern moved to accept Ordinance No. 15 -002 O on the 1 St Reading. Motion was seconded by Commissioner Feldman, which passed unanimously. 6. CONSENT AGENDA: Acting Town Clerk Oakes read the Consent Agenda into the record: A) RESOLUTION NO. 15-003 R 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. B) RESOLUTION NO. 15-004 R 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. C) MINUTES: • January 6, 2015 — Regular Meeting • January 27, 2015 — Workshop Meeting MOTION: Commissioner Feldman moved to accept the Consent Agenda as read. Commissioner Stern seconded the motion, which passed unanimously. 7. NEW BUSINESS: There was no new business. 8. MISCELLANEOUS — ITEMS LEFT OVER: A) Board of Adjustment & Appeals — Two Year Unexpired Term ending 01/2017 Talent Bank Interview • Carl Gehman, 1123 Highland Beach Drive • Edward Neidich, 4740 S. Ocean Blvd. • Myles Schlam, 3594 S. Ocean Blvd. Town Commission Regular Meeting Minutes Tuesday, March 3, 2015 Paze 5 of 9 Acting Town Clerk Oakes stated that each Commissioner had an appointment ballot with the names of each candidates; they were to select one; sign and date it. Acting Town Clerk Oakes announced she received five appointment ballots all in favor of Edward Neidich. MOTION: Vice Mayor Brown moved to accept the nomination of Edward Neidich as shown to the Town Clerk. Motion was seconded by Commissioner Stern, which passed unanimously. B) Discussion of Recommendation to Award Design/Bufld Contract Town Attorney Torcivia — It is my understanding that, at the last meeting, the Town Commission had agreed to reject all bids and then authorize staff to go out for bids as soon as possible, so the project can move forward. MOTION: Commissioner Stern moved to reject all bids and go out for rebids. Motion was seconded by Vice Mayor Brown Commission Discussion: Comm. Zehziker — In light of the facts brought forth at the prior meeting, Tuesday February 20 it is abundantly clear that the facts and circumstances result in the appearance of impropriety. In law and government, the mere appearance of impropriety rules. Any corporation reorganization changing the facts to technically avoid violating the provisions of the law is wrong. We must maintain the Town of Highland Beach as our top priority. Therefore I am recommending the initial bidding process be rejected and reestablish a new committee to review future bids for this project as soon as possible. Comm. Feldman — We received three bids and the only difference between the one the committee selected and the next bid was $2,000. The second bidder, ARZ Builders has great qualifications and I see no reason why we have to go out for another bid. I would suggest we award the contract to ARZ Builders and ask them to elaborate on their bid. Comm. Stern — I feel we should reject all bids and if this contractor has the qualifications, he should make a new bid. We need to go out again, get new bids and hopefully receive three or four. Vice Mayor Brown — I disagree with Comm. Feldman because it goes against our three bids. We are basically throwing out the first bid. We should reject all bids and go out for new ones. Comm. Zelniker — Establish a new committee to review the bids for this project. Comm Feldman — The Selection Committee consist of qualified people. If they go out for another quote to the same contractors, can they discuss why their bid was not accepted. Town Attorney Torcivia — If you pass the motion that is on the floor, all those bids become public records. They can see where they did or did not do well. Comm. Feldman — Can Reel Builders bid again? Town Attorney Torcivia — The owner talked about creating a different structure. If that were to Town Commission Regular Mecting Minutes Tuesday, March 3, 2015 Page 6 of 9 happen and they bid again, I would suggest we ask for a formal opinion from the Palm Beach County Commission on Ethics. ROLL CALL: Commissioner Stern - Yes Vice Mayor Brown - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carried 5 to 0. C) Authorization to Terminate "Contract for Professional Service" with the Engenuity Group, Inc. Manor Featherman stated that the Commission received a letter of resignation from Engenuity Group. Commission Discussion: Comm. Zelniker — There should be no open -ended contracts and I recommend accepting their resignation. A special thank you to Acting Town Manager Brown for bringing this to our attention. I suggest that the Acting Town Manager perform an internal review of all major town contracts as to their terms and conditions and submit them to the Financial Advisory Board for their review. Comm. Feldman and Comm. Stem accepted the resignation. Vice Mayor Brown — It is a sad day when our Engineering firm from 2002 resigns because the Town was going to end her contract because she was friends with our previous Town Manager Kathleen Weiser. MOTION: Commissioner Feldman moved to accept the resignation from Engenuity Group, Inc. Motion was seconded by Commissioner Zelniker ROLL CALL: Commissioner Feldman - Yes Commissioner Zelniker - Yes Commissioner Stern - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion carried 5 to 0. Town Commission Regular Meeting Minutes _ Tuesday, March 3, 2015 Page 7 of 9 MOTION: Commissioner Zelniker moved to perform an internal review of all major town contracts as to their terms and conditions by the Acting Town Manager. The evaluation of these contracts can be sent to the Financial Advisory Board and be reported back to the Commission. Motion was seconded by Commissioner Feldman. Commission Discussion: Comm. Feldman — This should not go to the Financial Advisory Board but to the Finance Director, Town Manager and the Town Clerk. They should make the decision. Comm. Stern Vice Mayor Brown and Mayor Featherman agreed with Comm. Feldman. Commissioner Zelniker amended her motion as follows: MOTION: Commissioner Zelniker moved to recommend that our Acting Town Manager, Beverly Brown, perform an internal review of all major town contracts as to their terms and conditions. The evaluation of these contracts would then be brought back to the Commission. Motion was seconded by Commissioner Feldman ROLL CALL: Commissioner Zelniker - Yes Commissioner Feldman - Yes Commissioner Stem - Yes Vice Mayor Brown - No Mayor Featherman - Yes Motion carried 4 to 1. 9. REPORTS — TOWN COMMISSION: A) Commissioner Rhoda Zelniker — This is a reminder to vote on Tuesday, March 10 and quoted Franklin Delano Roosevelt. It is very important to vote. B) Commissioner Carl Feldman — The Disaster Preparedness Seminar for tomorrow, Wednesday March 4 th has been cancelled due to Ken Thompson's illness. The next CERT Certification group meeting starts March 31 and we would like to have at least ten people join. C) Commissioner Louis Stern — Thank you for the wonderful luncheon. There was an article from the newspaper stating that the 1 -95 Interchange exit at Spanish River Rd. will not be completed until January of 2018 instead of the initial date of January 2017. D) Vice Mayor Brown — It is very important to vote on March 10 especially for the referendum. E) Mayor Bernard Featherman — There will be Coffee with the Mayor and the tentative date is April 14` I am looking to find a Physical Therapist who will be able to speak to our residents. Town Commission Regular Meeting Minutes,,. Tuesday, March 3, 2015 Page 8 of 9 10. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: Town Attorney Torcivia had no report. 11. REPORTS — ACTING TOWN MANAGER BEVERLY BROWN: I received a number of complaints about the landscaping in front of the building. We had the landscapers replace the grass with sod and eliminated some of the overgrown shrubbery. The people who complained called to thank us. Comm. Stern informed us that he was going to an ethics training on June 17 in Palm Beach County. There is also one on April 29' in Vero Beach and May I s ' in Sanibel sponsored by the Florida League of Cities. Everyone needs to sign up for one of these four hour seminars. Many thanks to Ed Soper for making his presentation on the water project and Chief Craig Hartmann for speaking at some homeowner's association meetings and a number of condominium meetings. I would also like to thank our Acting Town Clerk Valerie Oakes, Jerry Williams at the Library, and Geoffery Small of Public Works for setting up last night's Meet the Candidates' Night. We checked the contracts back to 2002 and the first contract we had with Engenuity Group was in 2011. Next Tuesday is the election and we would like you to vote in favor of the referendum for an item that has been on the Strategic Plan for some time. Polls are open from 7 AM to 7 PM. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING: Carl Gehman, 1123 Highland Beach Dr . — Thank you for the consideration to become a member of the Board of Adjustment and Appeals. Allen Teller, 4210 S. Ocean Blvd — There was a flood in front of my home last week and it came from the sanitary sewer. This has happened at least three or four times. The water remained there overnight and when I called the Water Department, I did not get any answer. I did contact the Town Hall Office and someone was able to help me. This is something that should be looked into because I found out that it was a valve that was patched up, and was told it would be okay. PWD Soper — I took care of this incident earlier in the day and it reoccurred after hours. I dispatched Bill Moore who went to the site and took care of it. A rodent chewed the wires off the float. We have a new alarm system in the budget that will detect high levels and give us early warning before any of that happens. We have a plan in progress and it will be addressed very shortly. Peter Rodis, 3224 S. Ocean Blvd — Last Thursday we had no water in our building. I contacted the Water Department and one of the workers came to our building within fifteen minutes of my call. It was around 9:00 PM. It was not a town problem, but a building problem, and we were able to have it fixed the next morning. I would like to compliment the Town's Water Department for their help. I am in agreement with Commissioner Zelniker that there should not be any open -ended contracts and asked the Town Attorney for his opinion. Town Attorney Torcivia explained that generally there are Town Commission Regular Meeting Minutes Tuesday, March 3, 2015 Pate 9 of 9 two types of contracts; a definite end point, or when either parry can end the contract with a notice of so many days. 13. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Regular Meeting at 2:36 PM. MOTION: Commissioner Stern moved to adjourn the regular meeting at 2:36 PM. Motion was seconded by Commissioner Feldman which passed unanimously APPROVED: Bernard Featherman, Mayor Ron Brown, Vice Mayor I is . Stern, ommissioner Carl Feldman, - Commissioner C� 11fi olla Zelniker, Cj7missioner ATTEST: Valerie Oakes, CMC Acting Town Clerk Town Clerk Date y h Lm E L 0 � V y • now - Vf Q. L ■ ■ , G1 • m L a. L x 0a V o 0 z MCAZL Q c�aa Z a oaCZQ�z� I 1l! LPL 2 a �O Z W . 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