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2015.04.28_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, April 28, 2015 1 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 William Weitz, Ph.D; Commissioner Louis P. Stern; Commissioner Carl Feldman and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Finance Director Cale Curtis; Public Works Director Edward Soper; Library Director Maria Suarez; Library Systems Analyst Jerry Williams; Police Chief Craig Hartmann; 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 called for any additions or deletions to the agenda. Town Attorney Torcivia — Under my report, I would like to add the Boca property under my comments. We have a request to send a letter to the County about a right -of -way easement. Receiving no further additions or deletions, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REOUESTS: Carl Gehman, 1123 Highland Beach Drive — When will all the benches be replaced? Peter Rodis, 3224 S. Ocean Blvd — There is a piece of property on AIA across from Highlands Place Condo and adjacent to the Delray Sands Hotel parking lot. With the Commission's permission, I would like to approach them to see if we could either lease the property or buy it, and place a public tennis court on it. Fred Lerner, 4605 S. Ocean Blvd — My issue is the beaches. The rakers come twice a week and do a good job cleaning the properties that are under contract. However, there are some properties that Town Commission Workshop Meeting Minutes Tuesday, Avril 28, 2015 Page 2 of 13 do not wish to pay for this service, and their beaches are dirty. I was told that the beaches are private and nothing can be done about this. I cannot accept this and feel something should be done. (Mr. Lerner showed a photograph of a portion of the beach that was not cleaned.) 3. PRESENTATIONS: • Proclamation: o Municipal Clerks Week o Florida Water Professionals Month Town Clerk Oakes read the Proclamations into the record. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • No Report C) Board Vacancies: • Board of Adjustment & Appeals — Re- Appointment term 04/2018 Talent Bank Interview o BaMDonaldson, 3700 S. Ocean Blvd. stated that it was an honor and a privilege to serve as Chair for the past two years and is looking forward to being re- appointed for another three year term. Consensus was to place this item on the Consent Agenda on May 5 th . D) Monthly Board Meetings: • Town Commission Regular Meeting — May 5 th — 1:30 PM • Board of Adjustment & Appeals — May 12 — 9:30 AM • Planning Board — May 13 — 9:30 AM • Town Commission Workshop Meeting — May 26 — 1:30 PM • Town Hall Closed: May 25 — Memorial Day 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 15 -003 O — Scheduled for 2 °d Reading on May 5, 2015 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING CHAPTER 23, "SIGNS AND ADVERTISING," OF THE TOWN CODE OF ORDINANCES, BY AMENDING SECTION 23 -3, "PERMIT REQUIRED; APPLICATION; WAIVER ", TO CLARIFY THE APPEAL PROCESS; SECTION 23 -5, "PERMITTED SIGNS ", SUBSECTION (C)(2), "TEMPORARY NON - COMMERCIAL SIGNS ", TO CLARIFY THE RESTRICTIONS GOVERNING POLITICAL SIGNS; SECTION 23 -8 "APPEALS ", TO CLARIFY THE APPEAL PROCESS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. I Town Commission Workshop Meeting Minutes Tuesday, April 28, 2015 Page 3 of 13 Town Clerk Oakes read Ordinance No. 15 -003 O into the record. No further discussion from the Town Commission. B) ORDINANCE NO. 15 -004 O — Scheduled for 2nd Reading on May 5, 2015 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 18, "OFFENSES AND MISCELLANEOUS PROVISIONS", BY PROVIDING THE CURRENT SECTIONS OF CHAPTER 18 SHALL BE INSERTED UNDER ARTICLE I, "GENERAL" BY ENACTING ARTICLE II, "SEXUAL PREDATORS/SEXUAL OFFENDERS" TO PROVIDE FOR RESIDENCY/RESTRICTIONS FOR SEXUAL PREDATORS AND SEXUAL OFFENDERS; PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION AND FOR AN EFFECTICVE DATE. Town Clerk Oakes read Ordinance No. 15 -004 O into the record. No further discussion from the Town Commission. C) ORDINANCE NO. 15-0010 — Scheduled for 2 °d Reading on May 5, 2015 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA TO ADOPT A 20 -YEAR WATER SUPPLY WORK PLAN AND TO AMEND THE TOWN COMPREHENSIVE PLAN TO STRENGTHEN COORDINATION BETWEEN WATER SUPPLY AND LOCAL LAND USE PLANNING; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING FOR INCLUSION; PROVIDING FOR REPEAL OF CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read Ordinance No. 15-0010 into the record. Town Manager Brown — Public Works Director Ed Soper submitted this ordinance in the beginning of the year updating the 20 year water plan. After the first reading, he submitted it to the various state organizations for review. He has incorporated all their comments and this is the final version. Commission discussion: Commissioner Feldman — I understand that you have updated the entire report, but it is still not guaranteed approval. Public Works Director Soper — At this point we are in the adoption phase, and we are going to respond with the comments they added. As long as the comments are in the final version that we adopt, they will verify it and then 31 days after, it will become valid. It is necessary for us to pass the ordinance and adopt the plan at the next public hearing. Town Commission Workshop Meeting Minutes Tuesday, April 28, 2015 Page 4 of 13 Mayor Featherman — Is there any reason why we have this in a 20 year plan? PAID Soper — The reason is that it goes with the South Florida Water Management District and their requirements. They look at a 20 year plan for long term planning of water use. D) ORDINANCE NO. 15 -005 O — Scheduled for 1st Reading on May 5, 2015 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING THE CODE OF ORDINANCES, CHAPTER 7 "ELECTIONS", AT SECTION 74 "ELECTION DATES" AND SECTION 7 -5 "QUALIFICATIONS OF CANDIDATES" DUE TO CONFLICTS WITH THE TOWN CHARTER; AND PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION AND AN EFFECTIVE DATE. Town Clerk Oakes read Ordinance No. 15 -005 O into the record. Town Manager Brown — Next year the State Legislator has passed a statute saying that the Presidential Primary Election will be held the third Tuesday in March. The Supervisor of Election has notified the Town Clerk that she will not hold a separate municipal election next year. Our municipal election is held on the second Tuesday. This ordinance is temporary for one year to change our election to the third Tuesday of the month. No further discussion from the Town Commission. E) ORDINANCE NO. 15 -006 O — Scheduled for 1 st Reading on May 5, 2015 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CHARTER, SECTION 1.06 AT THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO AMEND THE DATE OF THE MARCH 2016 MUNICIPAL ELECTION AND ASSOCIATED CANDIDATE QUALIFYING PERIOD TO COINCIDE WITH THE PRIMARLY PRESIDENTIAL ELECTION; AMD PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION AND AN EFFECTIVE DATE. Town Clerk Oakes read Ordinance No. 15 -006 O into the record. Town Manager Brown — Since we are changing the date of the election, we also have to change the date of the qualifying period. With federal elections, the Supervisor of Elections has to send out ballots 90 days in advance to our service men and residents living overseas. The date of the qualification has to be before December 11 To get two free weeks of qualifying, we have chosen the second Tuesday in November, no later than noon, to the last Tuesday November. This will be effective for one year only. No further discussion from the Town Commission. Town Commission Workshop Meeting Minutes Tuesday, April 28, 2015 Paae 5 of 13 F) ORDINANCE NO. 15 -007 O — Scheduled for 1 Reading on May 5, 2015 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA CREATING CHAPTER 33, "ACQUISITION OF GOODS AND SERVICES", TO PROVIDE FOR REQUIREMENTS AND REGULATIONS AS IT RELATES TO THE PURCHASING OF GOODS AND SERVICES; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND FOR AN EFFECTIVE DATE. Town Clerk Oakes read Ordinance No. 15 -007 O into the record. Town Manager Brown — The Town Staff, Town Attorney and Financial Advisory Board have reviewed the Town's purchasing procedures. This review has resulted in a recommendation for the establishment and adoption of a purchasing ordinance and a supplementing purchasing policy and procedures. This ordinance will put, into the Town's Code, the dollar thresholds for the formal sealed competitive bidding and the informal written quotations methods of town procurement. The dollar thresholds have not changed from the existing town policies. The revised purchasing policy and procedure provides the town staff with the guidelines to fulfill our procurement processes in a competitive, transparent and ethical manner. In addition, the Inspector General submitted a survey to all municipalities in Palm Beach County and they were quite pleased with our proposed purchasing policy. The Commissioners thanked Finance Director Curtis, Town Staff, Town Attorney and the Financial Advisory Board for an excellent job in preparing the revised Purchasing Policy and Procedures. 6. NEW BUSINESS A) Request from the Beaches & Shores Advisory Board to consider adding a walkway, benches and gazebo at the rear of the Library. Town Manager Brown — The Beaches & Shores Advisory Board is asking the Town Commission to consider placing a walkway down the side of the Library and installing benches and a gazebo in the area towards the Intracoastal. Part of the problem in doing this is that it is a steep slope with mangroves, and there is water in the area when there is a high tide. In order to get an ADA compliant walkway, we would have to hire an engineer. There is also a liability issue should someone fall into the water and drown, or bit by one of the many animals, birds and insects that are there. Would we be responsible? There are a few questions that need to be addressed before this can be considered. The Commission discussed this request and all were in agreement with the Town Manager's comments. There was no further discussion from the Commission to move forward with this item. Town Commission Workshop Meeting Minutes Tuesday, April 28, 2015 Page 6 of 13 B) Consideration of Placing an Ad in the Florida League of Cities (FLC) Conference Issue of Qualities Cities Magazine. Town Manager Brown — Most years the Town Commission purchases an ad in this magazine. The money is in the budget, and I would like to get your permission to do so again this year before placing the ad. The cost of the ad is $400. Consensus was to place this item on the Consent Agenda for May 5 th C) Discussion of "No Wake" Zone. Town Manager Brown — We have received a number of complaints about boats going too fast and the wakes being too high in the Intracoastal. We have contacted the Florida Fish & Wildlife Commission about having a "no wake" zone. State Statutes state that municipalities have the ability to establish boating restricted areas if there are certain structures present such as bridges, ramps and fuel pumps. Unfortunately, Highland Beach has none of those. I met with the Marine Captain in Boca Raton and asked about the possibility of patrolling the Intracoastal in Highland Beach. The property on the west side of the Intracoastal is owned by Boca Raton and they patrol this area daily. They can only stop boats if they are violating a provision of the law. They cannot stop boats for going too fast in a zone that is not a no wake zone. They do not recommend us spending any additional funding since they patrol this area. Commission Discussion: Comm. Feldman — I do not believe there is anything we can do at this point. Comm. Stern — I have been working on this for almost five years and have gone to the Florida Fish & Wildlife Commission meetings. Unless there have been reported accidents or deaths, they are not concerned about the seawalls. They consider the Intracoastal as the I -95 of the waterway. There is nothing Boca Raton can do other than give us presence. They did indicate that they would be putting two of their boats up for auction, and we could consider buying one at auction. However, that would put a burden on us for teaching someone how to operate the boat. We would not be able to issue citations, the boat would allow presence, which may not be worth the dollars invested. Vice Mayor Weitz — I understand the concerns of our residents and appreciate the work that has been done to try and rectify this problem. Unfortunately, other than being present, we could not issue any citations. Mater Featherman — I too have been working on this problem for a number of years. I do agree that it would be very costly to have our own boat patrolling the Intracoastal, and feel it is not something we can get further involved in at this time. Comm. Zelniker — We have a sign "Manatee Zone — Slow Down" by our property. Would it be possible for condominiums and homes located on the Intracoastal to have these signs put up, and is it legal? Town Attorney Torcivia — The Florida Fish & Wildlife Commission are the ones to Town Commission Workshop Meeting Minutes Tuesday, April 28, 2015 Paze 7 of 13 regulate that. You will have to get their permission. Town Manager Brown — The Florida Fish & Wildlife Commission will issue a permit. You have to apply for it and it takes about 90 days. Comm. Stern — When I spoke to them, they indicated that these signs have to be placed on their poles by their installers, which may not be near any of the condominiums. D) Recommendation to Award Design/Build Contract to Architectural Building Co. Town Manager Brown — A mandatory pre -bid meeting was held on March 17 and nine firms were represented. Of these nine firms, only three submitted proposals. The Town Selection Committee met on April 13 and April 20 to review and rank those proposals. Architectural Building Co. and West Construction tied for the highest ranking. The final meeting concluded with a recommendation to the Town Committee to accept a proposal from Architectural Building Co. Commission Discussion: Comm. Stern — After reviewing the bids and attending each meeting, I am not in agreement with the selection made by the committee. The company they are recommending is small, with one to four employees, which is not bad since they would go out and get sub - contractors. However, the volume of the company did bother me because it was a half million to one million dollars, and that is not a very large company. Their bid is right at our maximum for $150,000 and there are two alternatives. Alternate 1 is for $150,000 and Alternate 2 is for $154,000 which is over the maximum bid amount. Their electrician listed a number of items that are not included in his backup bid. I did not like the fact that there was a statement in very small print that said "if a permit is not issued for the job before June 1 there will be a code change for the glazing of the windows and there will be a cost of an additional $5,000 ". At the Selection Committee meeting, the Building Official indicated that it is correct, but may not go into effect for a year. The other company, West Construction, is a larger company and has many more listed employees. They presented three years of major contracts that they have done. Their bid is $143,000 for Alternate 1 and yet for Alternate 2, $1,000 less. The timing of completion is almost the same for both companies, September 10 I will go along with the other Commissioners in what they would like to do, but in my opinion, I feel we have a better company with West Construction. Vice Mayor Weitz — I attended the last meeting of the Selection Committee. Two of the three bidders failed to meet the criteria for the proposal that was advertised. A lot of the details and scope of practice were not specified in their bid in accordance with the beliefs of the Selection Committee members. At one point, they were going to recommend to this Commission that they had no specific recommendation as to a particular bidder, to present the issues as they were, and let the Commission hash it out. A lot of the details were not specified, documented or established well enough for a reasonable decision to be made by a selection committee. My concern in hearing that two of the three bidders did not even specify enough details and information in what was requested in the bid, is that we don't have an actual understanding of some of the projected work requirements. In fact, we will leave ourselves open to tremendous cost overruns with respect to changes for items that were not identified, or things that were added on above and beyond the $150,000. The issue I have is that the Selection Committee felt it was difficult for them to make a recommendation to this Commission as to an appropriate Town Commission Workshop Meeting Minutes Tuesday, April 28, 2015 Pate 8 of 13 builder. It was a last minute decision, which was not unanimous. Initially they were not recommending anyone, and talked about rebidding. I know it is time to get this done, but only if the project is warranted and we get an accurate bid which controls cost. Time is not the only issue here, money is, and the quality of work and a comfort level that we are moving ahead with this project in a reasonable and logical professional way. My recommendation is that we do not approve any of these bidders for failure to define the details and scope of work that was requested in the bid, and the fact that one of the bidders is at the maximum and potentially exceeding the limit. Comm. Feldman — I disagree with my fellow Commissioner on a few points. I was at the pre - bid, the opening meeting and the two Selection Committee meetings. I believe the project is warranted. It has been voted on and listened to. My questions are on the submitted quotes. After going over the bids I feel they did meet the scope of work, but there should be more definition of the scope of work. I do not agree with the committee's selection of Architectural Builders. I agree with West Construction because they have presented many contracts and are a very qualified company. They have been around for many years and I feel they can do the job. They quoted $143,000 for Alternate 1, and $142,000 for Alternate 2. The difference between the two is Alternate I has egress doors and Alternate II does not. If we don't need the egress doors, we should not have them. I believe we should award West Construction the contract, but before we do, we should call them in to discuss some of the matters that were not in their proposal. They are under budget, and I definitely think we should go forward with the project. Comm. Zelniker — I was not able to attend the meeting, but I did listen to the audio. There was a great deal of discussion as to who should get the bid. The first vote was a tie. I understand that West Construction has a lawsuit with Village of Royal Palm Beach. Town Manager Brown — The lawsuit was for untimely construction. They did not finish it within the time limit. Comm. Zelniker — Two of the bidders, West Construction was one of them, did not present a scope of work. I am not happy with these three bids, and feel we should not vote on any one of them at this time. I don't feel we should consider anyone that is not going to do the best job at the best price. Mayor Featherman — In my experience, there is always some change order with any project. I agree with my fellow Commissioners. Perhaps we should have further discussion. Comm. Feldman — Before we award the contract could we call them indicating that they are the low bid, but their scope of work was not spelled out. Town Attorney Torcivia — If you are going through this process, then it is a public process as opposed to a private process. The other bidders may want the same opportunity and you are opening yourself up to all three bidders. The best way would be to send a letter and ask all three the same questions. This way you would have something in writing. Comm. Feldman — One of the issues was the fresh air purification system at a cost of $12,000 more if needed, which was not included in Architectural Builder's cost, but was included in the other two. Finance Director Curtis — In conversations I have had with Town Attorney Shutt, the path that we are going down is not a good one. I believe we would be opening ourselves up to ultimately changing the scope the three bidders may have bid on, and presenting unfair advantages to each Town Commission Workshop Meeting Minutes Tuesday, April 28, 2015 Page 9 of 13 bidder. One bidder may answer the question one way, and the next bidder could perhaps come up with a lesser dollar amount. Town Attorney Torcivia — We are not changing the scope. There are questions and we would just be clarifying some of the answers. Fin. Dir. Curtis — I believe there is a concern with the scope as well with regard to the fresh air exchange. That is a question that may be brought up, and I am afraid that would alter the scope of services. Town Attorney Torcivia — Let's ask the fresh air exchange question ahead of time. Vice Mayor Weitz — I agree with Fin. Dir. Curtis. You essentially penalize the company that answers first, and the second and third responders could alter or modify their response to improve their chances of selection. Town Attorney Torcivia — The process that we are morphing into is called an invitation to negotiate where you have a private negotiation process to avoid that concern. We have not gone down that path. We are on the Request for Proposal path where the bids are open. With the invitation to negotiate process, the committee would meet with each individual in private and negotiate with them. Those meetings would have to be tape recorded, and would be public records at the end of the process. Your fallback position is that you reject all bids. The other is that one bidder outshines the rest and everyone is happy. Mayor Featherman — I would suggest we have the special meeting as discussed and have the bidders answer any questions we may have. We can send information to them ahead of time. Town Attorney Torcivia — I am going to suggest something they may or may not agree to, which is they come to this meeting and all agree not to file a bid protest. If one of them does not agree to that, you cannot penalize them. This is what you have to be concerned about. A protest bid could delay this for months. I suggest you wait until next Tuesday and give me a chance to discuss this with Fin. Dir. Curtis. I will then come back with a report and a recommendation next week. If there is a way we can get the three bidders in here with some assurance there is not going to be a bid protest, we can schedule a special meeting right after next Tuesday. Consensus was to place this item under Miscellaneous Items — Left Over for May 5 . E) Consideration of Adopting Purchasing Policy dated April 20, 2015 with an effective date of May 5, 2015. Town Manager Brown — This Purchasing Policy and Procedures has been worked on with the Ordinance, the Financial Advisory Board, the Finance Director, the Town Attorney and the Town Manager. Under the table of contents there are procedures listed for Sealed - Competitive Procurements and Direct Acquisition Procurement. With the Direct Acquisition, even though it is purchased, we notify the Town Commission on a quarterly basis as to what has been done. I believe it includes all the comments you previously made. The Commission was in agreement that it was an excellent policy and thanked all those who worked on it. Consensus was to place this item on the Consent Agenda for May 5th. Town Commission Workshop Meeting Minutes Tuesday, April 28, 2015 Page 10 of 13 7. MISCELLANEOUS — ITEMS LEFT OVER A) Minutes: • March 31, 2015 — Workshop Meeting • April 7, 2015 — Regular Meeting Consensus was to place the minutes on the Consent Agenda for May 5"'. 8. REPORTS — TOWN COMMISSION: A) Commissioner Rhoda Zelniker — Happy Birthday to Mayor Featherman. Regarding the beaches, perhaps there could be a town ordinance that would make the beachfront homeowners responsible for keeping their beach clean. Town Attorney Torcivia — You could adopt an ordinance that says you have to maintain your property. There are maps indicating where the property line is and where the public part of the beach begins. Comm. Zelniker — When someone purchases a home on the ocean side they would know they are required to have a beach cleanup, and I believe we should have that ordinance. There is a bill in Tallahassee, which we are trying to get passed, for eliminating plastic in all the stores. Carol Stem and I are looking into having washable bags as a part of our welcome package for new residents with the Highland Beach logo. It could say "keep our beaches clean" on it. All the beach towns throughout the country should get involved in saving our beaches. B) Commissioner Carl Feldman — I would like to answer some of the comments that were made at the beginning of the meeting. First was the comment about the benches. Public Works Director Sommer — There is a total of eleven (11) benches and we have replaced two (2). They come unassembled and we plan on doing one or two a week. Comm. Feldman — Regarding the property with the gazebo on the Intracoastal, I believe that is part of the condominium and it is their responsibility to maintain that open area. I do not believe it is anything the Town or anyone else can ask them for. As far as the beach cleaning is concerned, the individual condominiums do their share of keeping the beaches clean. Some of the individual homeowners do not. Perhaps the Town Manager could notify those homeowners and ask them to comply with cleaning the beaches. Town Manager Brown — If you will notify me of the address I will find out who the owner is. Comm. Feldman — People have been talking about the condition of the walking paths such as cracks, hanging branches, etc. I would like to ask PWD Soper if he would ride from one end of the town to the other and take a look at this. Also, Jim Jiovanazzo walks the path every day and he could go with him. My next subject is safety on the beaches. At our condo, we hang up a sign that says "beach conditions" with a phone number. If the residents want to know what is going on at the beaches, we can put this number in the Highlander and on our website. The Friends of the Library sent us a letter and I would like to have a meeting to discuss all of these items. Perhaps each Commissioner could meet with the Town Attorney and the Town Manager. Town Manager Brown indicated that she would arrange these meetings. C) Commissioner Louis Stern — At the Coffee with the Mayor, it was suggested that perhaps we could do a reprint on Sandy Simon's Book "The Amazing Story of Highland Beach" to be included in the welcome package for new residents. The Town Manager was able to speak with Town Commission Workshop Meeting Minutes Tuesday, April 28, 2015 Page 11 of 13 Mr. Simon. In 1990, Mayor Reid commissioned this book from Sandy Simon who sold the town 2,000 copies at a cost of $25,000. It was the Town's intention to sell the book. However, no one bought the book, and the town gave away more than 1,800 copies. He indicated that he has a great deal of books in his warehouse and would be willing to sell them at a cost of $8,000 for 500 books or $8,400 for 600 books. I feel this is a major expense to put into the welcome package. D) Vice Mayor William Weitz, Ph.D — I want to thank Mr. Lerner for bringing the problem with the beaches to our attention. Even if the beaches are private, we should have some responsibility for enforcement. We do have to keep our beaches up to a certain standard. It is part of our town. All private owners should be responsible for some level of cleanup of our beaches to meet our code. I endorse the Proclamations presented here today; the Municipal Clerk's Proclamation and the Water Professionals Proclamations because we have two very capable people and would like to congratulate them. I would like to wish our Mayor a very Happy Birthday. E) Mayor Bernard Featherman — I would like to thank all the people who came to this meeting. We are working on your behalf and appreciate your support. I am extremely proud to represent you with an extraordinary group of Commissioners and Staff. 9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: The Boca property has a minor title issue. When the Town acquired the property in 1950, they gave a right -of -way deed to Palm Beach County. There was never a road put on that property. After 65 years, that right -of -way has long expired. The title company has requested that Palm Beach County send a letter that states they no longer have an interest in that right -of -way. The County wanted to make sure the Town does not object to that. They are requesting that the Mayor write a letter to Palm Beach County letting them know we have no interest in the right -of -way and please move forward. I will prepare the letter and have Mayor Featherman sign it. Consensus was to place this item on the Consent Agenda for the May 5 meeting. Regarding the meeting with the Friends of the Library, myself and Town Manager Brown, instead of having five separate meetings, do you want to designate one Commissioner to be the person that meets with both of us and the Friends of the Library? That person can report back to the Commission. Commissioner Feldman volunteered to attend that meeting. 10. REPORTS — TOWN MANAGER BEVERLY BROWN: We received an email today from David Moore of the FDOT. He has received comments regarding the tree at the end of the driveway. There is no site line for 400 feet, and he has asked us to remove it. It will be removed within the next couple of weeks. The Palm Beach League of Cities Installation Gala Luncheon is scheduled for Wednesday, May 20` We are reserving a table and you will be notified. Comm. Feldman asked if PWD Soper would ride the walking path and take Jim Jiovanazzo with him but we can't take him out on a city vehicle. If PWD Soper would like, we can walk the path with Jim. I Town Commission Workshop Meeting Minutes Tuesday, April 28, 2015 Page 12 of 13 11. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING ONLY: Peter Rodis, 3224 S. Ocean Blvd — The Beaches & Shores Advisory Board is a very responsible committee. I would like to suggest that this Board visit each residence that does not have the beach rakers cleaning their property, and request that they clean up their beach. Commissioner Stern and I have worked on the no wake zone issue for the past two years. Boca Raton indicated that they had three boats available and would make them available to us as long as we had someone to pilot the boat. There are people in Seagate that can pilot a boat. The wake issue is a serious issue. Comm. Stern and I are going to ask Senator Maria Sachs to help us. With regard to the books, is it possible to by some of them or can we buy them individually. I have people in Seagate who want the book. Mike Stein, 3912 S. Ocean Blvd — Former Town Manager Kathleen Weiser proposed the design/build contract and, at that time, I told you it would be a problem. I met with contractors in the beginning to make sure you would have bidders for this job and asked them if the design/build was appropriate for this job. They said yes, but it is as much of a problem for them as it is for you because the first phase of a design/build is a design. In a design/build they will do the design and, if you are not happy with them, they would have to come up with alternate designs. They don't necessarily get more money for that. That is something you will have to deal with in your contract. If you decide to reject all the bids, I urge you to do it right. Have an architect do a design, and when you have a firm design you put that out for bid. You will get exactly what was designed at the price that was quoted. Jim Jiovanazzo, 3700 S. Ocean Blvd — A good portion of the plastic found on the beach is coming from the ocean and not the people on the beach. The plastic issue still has to be addressed. I walk every day and would be happy to make notations of the various addresses where there might be a problem. Ed Neidich, 4740 S. Ocean Blvd. — With regard to the no wake zone issue, the Florida Fish & Wildlife Commission looks at the Intracoastal as the I -95 of the waterways. I -95 does have a speed limit. Perhaps we can look at this from two different areas. One is a speed regulation and the other a noise violation ordinance; particularly at night. I think something needs to be done about the noise violation made by loud automobiles and motorcycles on AIA. That upsets the peace, welfare and the quality of life in the Town of Highland Beach. Both the water issue and the AIA issue need to be looked at. Anne Gehman 1123 Highland Beach Dr . — I am a member of the Beaches & Shores Advisory Board and every morning I walk the beach and pick up any plastic that is there. Can I have authorization to speak to the people who own homes on the beach? Town Attorney Torcivia — When you are on the public beach you are okay. When you wander onto private property, it is private property. I would let them know you are picking up on their property and get their permission to do so. Town Commission Workshop Meeting Minutes Tuesday, April 28, 2015 Page 13 of 13 12. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Workshop Meeting at 3:40 PM. MOTION: Commissioner Feldman moved to adjourn the workshop meeting at 3:38 PM. Motion was seconded by Commissioner Stern which passed unanimously. APPROVED: Bernard Featherman, Mayor William Weitz, Ph. b,Vice M or ouis . ern, ommissioner 4 Carl Feldman, ommissioner V AJ (/� P o a Zelniker, mmissoner ATTEST: I r Valerie Oakes, CMC Town Clerk - b I /,()/ / �; Date: