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2015.06.30_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday June 30 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 William Weitz; Commissioner Carl Feldman; Commissioner Louis P. Stern; and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Deputy Town Clerk Patrice Robinson; Finance Director Cale Curtis; Public Works Director Edward Soper; Police Chief Craig Hartmann; Building Official Michael Desorcy 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. Commissioner Zelniker requested to add two items on the agenda under New Business as item 6G - Discussion on Having a Drainage Study for A1A by the Florida Department of Transportation, and 6H - Discussion on Community Spirit. By consensus, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REOUESTS: Carl Gehman, 1123 Highland Beach Drive — I feel there is a need for a walkway and some type of stop sign about 500 feet north of Bel Lido Drive so people can walk across AIA. Commissioner Feldman explained that there needs to be an egress on each side that is paved. Mr. Gehman will conduct further research. Town Commission Workshop Meeting Minutes Tuesday, June 30, 2015 Paae 2 of 10 3. PRESENTATIONS: None. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • No Report C) Board Vacancies: • None D) Monthly Board Meetings: • Town Commission Regular Meeting — July 7 th — 1:30 PM • Planning Board — July 8 th — 9:30 AM • Town Commission Special Meeting — July 14 — 9:30 AM • Code Enforcement Board — July 15 — 9:30 AM • Financial Advisory Board — July 22 — 9:00 AM • Town Commission Workshop — July 28 — 1:30 PM • Town Hall Closed: o July 3 rd — Observing Independence Day 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) RESOLUTION NO. 15 -005 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING RESOLUTION 13 -002 R OF THE TOWN OF HIGHLAND BEACH, FLORIDA AND PROVIDING FOR A SIXTH MEMBER TO THE FINANCIAL ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read Resolution No. 15 -005 R into the record. Town Manager Brown — Commissioner Feldman made a motion to increase the membership of the Financial Advisory Board from five members to six. The proper way of doing this is to amend the prior resolution to include the sixth member. Commission Discussion: Commissioner Stern — Do we want to leave it at six, or go to seven as I suggested at the last meeting? If we have it at seven, it would give us the opportunity to fill the vacancy with a member from our community. Town Commission Workshop Meeting Minutes Tuesday, June 30, 2015 Page 3 of 10 Commissioner Feldman — If we add another member, we would have to adhere very closely to the requirements and the proper background. By consensus, the Commission agreed to change the membership to seven and place the item on the Consent Agenda for July 7 6. NEW BUSINESS A) Select a Voting Delegate for the 86 Annual Florida League of Cities Conference. Town Manager Brown — The Town Commission attends the Florida League of Cities Annual Conference in August. At the formal meeting, a representative from our Town is needed. By consensus, the Commission agreed to appoint Mayor Featherman as our representative. Consensus was to place this item on the Consent Agenda for July 7th. B) Review of Elevation Survey for the property located at 3719 S. Ocean Blvd. Town Manager reviewed Item 6B and 6C together. There have been concerns of the residents regarding the elevations of the two houses being built directly across from Toscana. Building Official Desorcy — The residents of Toscana were concerned that the contractors were in violation of the Planning Board order and the variance granted by the Board of Adjustment and Appeals to extend the building an additional eight feet higher at 3715 S. Ocean Blvd. The contractors provided the Town with an elevation survey showing that both buildings are in compliance with the code. C) Review of Elevation Survey for the property located at 3715 S. Ocean Blvd. This item was discussed under #613. D) Request from the Beaches & Shores Advisory Board for Authorization to Participate in the Turtle Talk & Walk Day. Town Manager Brown — Since the Turtle Talk & Walk Day is being sponsored by the Town, they need authorization from the Town Commission to hold this event which will take place on July 25 th Consensus was to place this item on the consent agenda for July 7. Town Commission Workshop Meeting Minutes Tuesday, June 30, 2015 Pase 4 of 10 E) Request from the Beaches & Shores Advisory Board Regarding Safety on the Intracoastal Waterway. Town Manager Brown — The Beaches & Shores Advisory Board would like the Town Commission to send a letter to the Florida Fish & Wildlife Commission requesting that a "no wake" zone or a "slow speed" zone be implemented on the Intracoastal Waterway within the property lines of the Town of Highland Beach. They are aware that this request has been made for the past 30 years, but they would like a letter sent asking them to reconsider. Commission Discussion: Comm. Zelniker — We should do everything we can. There are boats that speed and have no regard for human or marine life safety. They should be given a ticket or a warning for driving a boat in a reckless manner. I believe the Town should investigate the cost of having our own police boat, and give the residents the opportunity to vote on this by referendum to approve or not approve. If it is turned down, then it should not be discussed further. Comm. Feldman referred to the Town Commission Workshop minutes of April 28, 2015, Item 6C: Discussion of "No Wake" Zone (attached as Exhibit "A "). We have done everything we could as a Town and even if this was put up for a referendum vote and voted yes, there is still nothing we can do. Vice Mayor Weitz — Sending letters to public officials at a state level or county level must have some meaning, significance and relevance. How many times can they respond with "no"? I am sensitive to the issue and understand that people would like things to be different, but there is a state law, a criteria. We have discussed this issue for quite some time. Even if we had a boat, there is nothing we can do to enforce anything. Comm. Stern — In 1990, Mayor Reid and the Commission passed an ordinance that the Intracoastal Waterway from Delray Beach to Boca Raton was a no wake zone. The Florida Fish & Wildlife Commission made them reverse it immediately. The Boca Raton Marine Captain indicated that the three boats patrolling the Intracoastal only gave 37 warnings, not violations, for a three year period. It is an exorbitant expense to run a boat. I agree that it is now time not to try and do anymore because we cannot afford it. Even if we could afford it, there is nothing we could do. Mayor Featherman — I have also investigated this situation and found that there is nothing we could do. Comm. Zelniker — I do not agree with my fellow Commissioners. I ask our Attorney if he has ever investigated any other possible solutions for us. Town Attorney Torcivia — The best way to get relief is to change the state law. If there is enough communities that would support going to the legislature to change the law, perhaps that is the way to go. It will probably be an uphill battle, and you will need a united front along the coast line to approach this and will take a very long time. Vice Mayor Weitz — This is a credibility issue and our town has done due diligence. We have investigated this situation for many years by pursuing with state legislators, contacting Town Commission Workshop Meeting Minutes Tuesday, June 30, 2015 Page 5 of 10 the appropriate agencies and found out the rules, laws and requirements. There is no solution to this issue on a town basis. Consensus was to place this item under Miscellaneous — Items Left Over on the July 7 Agenda. F) Award Contract for Annual Auditing Services. Town Manager Brown — The Town's existing audit services contract expired with the completion of the audit on September 30, 2014. We have used Nolen, Holt & Miner for the past eleven years. The Town issued a Request for Proposals for a five -year contract for annual auditing services, and we received seven proposals. The Selection Committee consisted of Finance Director Curtis, Financial Advisory Board Chair Gerald Gitner and Planning Board member Stephen Golding, CPA. Nolen, Holt & Miner and Grau Associates were ranked the top two. Commission Discussion: Comm. Zelniker — I attended this meeting. Member Stephen Golding stated that he personally felt it was a good idea to change auditors with new experience and ideas. At that meeting, it was brought to our attention that the IT Security was not being audited. Is Grau Associates billing inclusive of the IT Security? Finance Director Curtis — All of the firms will perform some form of an audit of the internal controls over the IT functions in the town. The billing is inclusive. Comm. Feldman — Is the $125,000 for a year or a five -year period? Fin. Dir. Curtis — It is for a five -year period. Comm. Feldman — I agree that a new set of eyes, looking at the same thing, could come up with new ideas. Vice Mayor Weitz — I also agree that a new set of eyes is a good idea. Is there an escape clause for the Town in case we are not satisfied after two years? Town Attorney Torcivia — There is an escape clause. The proposed contract gives us sixty days to terminate at any time. Comm. Stern — It was further suggested that if we stay with the same firm, then maybe the partners would switch. I am fond of the person who has been doing our audit and if they switch, then there is no reason to stay with Nolen, Holt & Miner. I agree that we should try a new firm. Mayor Featherman — I also attended that meeting and am in agreement with my fellow Commissioners. Consensus was to appoint Grau Associates and place the item on the Consent Agenda for July 7`. Town Commission Workshop Meeting Minutes Tuesday, June 30, 2015 Pase 6 of 10 G) Discussion Regarding a Drainage Study on AIA. Comm. Zelniker — I feel it would be prudent of our Commission to have a new drainage study from the Department of Transportation. The last town study was done in the year 2000 when they had the renovation of AIA, which was done for the standards of that time for a 25 to 50 year storm. Sea levels are rising and the standards might be changing. I would ask Public Works Director Soper to pursue this. Residents have asked me if there is anything we could do about the water on A IA. Vice Mayor Weitz — This town is a beachfront community. This problem of water on the roads, flash flooding and tropical storms exist. This is a state issue and they have a schedule when they do their surveys. This is a matter of accepting the conditions where we live. Comm. Feldman — The governing law is that if the water does not dissipate within 72 hours, they will look into it. We did have a situation recently where the state put in a system that would take the water off of the homeowner's swales and in front of their home. It did work, but in that instance the water did not dissipate within the governing time. Comm. Stern — There were some homes in Highland Beach that put in drains, at their own expense, that drained into the Intracoastal and it does work. I have run into this situation in many of the towns along AlA and it is really not our problem. It is the state's problem. I have seen the water drain off in Highland Beach faster than some of the other towns. Mayor Featherman — We would be looking at a tremendous cost to put in drains along AIA. It is something the state would have to do. I don't feel it is within our purview to look further into this. Public Works Director Soper — If I am directed by the Town Manager or the Commission to approach the state, I would be willing to do that. I am not sure what their response would be because they did improvements when they widened AIA several years ago, and they met their 25 year storm plan. I am not optimistic that they would do this study at their expense. Consensus was to direct PWD Soper to contact the Florida Department of Transportation to see if they would conduct a drainage study on AIA. This item is to be placed on the Consent th Agenda for July 7. Town Commission Workshop Meeting Minutes Tuesday, June 30, 2015 Page 7 of 10 H) Discussion on Community Spirit Comm. Zelniker — I would like to see our Town do a little bit more in the spirit of our holidays commemorating our veterans. Perhaps we could have some lighting on our building in red, white and blue, or have some American flags placed around the Town Hall and the town. Also, it would be a nice gesture if the Library could have some type of program honoring our Highland Beach Veterans. I believe in small town U.S.A. Comm. Feldman — Years ago a real estate agent placed flags all around the town. Town Manager Brown — Those flags now belong to the Town and will be displayed for the July 4th holiday. Comm. Stern — Sue Epling puts out 2,000 flags every July 4"' and they will be out again this weekend. If someone would like to contact her to form a committee to display them every holiday, she has the flags. Vice Mayor Weitz — If there is a group that would come forward with ideas, we could put it in the Highlander and certainly support it. 7. MISCELLANEOUS — ITEMS LEFT OVER A) Minutes: • May 26, 2015 — Workshop Meeting • June 2, 2015 — Regular Meeting There being no modifications to the minutes, consensus was to place the minutes on the Consent Agenda on July 7, 2015. 8. REPORTS — TOWN COMMISSION: A) Commissioner Rhoda Zelniker — Vice Mayor Weitz and I attended the League of Cities classes on ethics, government and making town budgets. One community had made a recommendation, which I mentioned to Town Manger Brown, that when they do their Town budgets, they do it earlier before everybody leaves. Perhaps we can start our budget process when more people are in town and can participate. I also spoke with Commissioner Mitch Katz of Delray Beach regarding All Aboard Florida, Inc. He voiced his concern about there being 34 stops and the entrances and the exits over the bridges during season being highly congested causing problems for the Fire Department. This train is scheduled for 2017 and I am sure we will have more information in the near future. Town Commission Workshop Meeting Minutes Tuesday, June 30, 2015 Page 8 of 10 B) Commissioner Carl Feldman — The new benches and receptacles look great. I did receive some complaints that the receptacles are not being emptied enough. Town Manager Brown — They will be emptied Monday, Wednesday and Friday even if they are not completely full. We all receive the Highlander and it is quite expensive to get a summer edition published (between $4,000 to $5,000 with postage and printing). Most residents do not receive it because they are not here, and most of those who are do not read it. I feel the summer issue should be discontinued and look into the other three issues to see how well they are received. There has been a great deal of discussion regarding beach cleaning. The Town paid for a study in 2010 on cleaning the beaches. On May 27, 2015, Town Manager Brown reported that the residents were 3 to 1 against the town paying for a beach clean-up. Most of the beach is cleaned by the Beach Rakers. Homeowners should be notified that there is a service to have the beach cleaned if they are not aware of it. Police Chief Hartmann is testing new body cameras and I hope to get a report in the near future to see how it is working out. C) Commissioner Louis Stern — I have attended at least three presentations on All Aboard Florida, Inc. and I respect Commissioner Katz because he is one of the towns that will be badly affected. Their train tracks go right through the middle of town. However, I believe in progress. It has been reported that All Aboard Florida, Inc. will eventually have 5.3 million riders in the year 2020. They will be building new stations in Miami, Ft. Lauderdale and West Palm Beach, which will create many jobs in Florida. There will be 22 trains on a brand new track. I don't believe this will affect Highland Beach, our bridges or our fire apparatus. Hopefully they are working on the towns where the bridges will be affected. I have been collecting articles and am putting them in the record for anyone who would like to see them. D) Vice Mayor William Weitz — It is my understanding that Tri-Rail is trying to coordinate with the Florida system to split routes with them. You are looking at reducing traffic on 1 -95 and high airfares from Miami and West Palm Beach to Orlando. I attended the Florida League of Cities program, for newly elected officials with Comm. Zelniker and found it very interesting and informative. E) Mayor Bernard Featherman — I received an email commenting on the great job the Code Enforcement Officer did for them. We have a fine Commission here in Highland Beach and they are always looking out for the best interests of our residents. 9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: Happy and safe Fourth of July. Town Commission Workshop Meeting Minutes Tuesday, June 30, 2015 Paae 9 of 10 10. REPORTS — TOWN MANAGER BEVERLY BROWN: On July 1 St the Legislature passed a new law that an American flag flying in front of a government building has to be made in the United States. Our Public Works Director Ed Soper is checking our flags to be sure they are American made. Town Hall is closed Friday July 3rd in observance of the holiday. Contractors will be allowed to work on July P. The town has purchased the flags and Sue Epling will be placing them around town for the holiday. We encourage all residents to hang the American flag over the weekend. The budget meeting is Tuesday, July 14 at 9:30 a.m. It is the time when we set the tentative millage rate. Comm. Zelniker asked about starting the budget earlier. Manager Brown — The problem is we do not know the taxable value of the property in town until after June 1 St which is the state law. Comm. Zelniker asked about having a street sweeper. Manager Brown — PWD Ed Soper has contacted the DOT a number of times requesting a street sweeper and there happen to be one in Delray that week, and sent it to our town. I am not sure it will ever happen again. Comm. Zelniker advised us that some of the street walk signs had the stop sign missing. PWD Soper contacted the Department of Transportation and they replaced them. There was a problem in the roadway with cross drainage at the Wiltshire House and the state did not agree with what they did. We have been notified by Delray Fire Chief Connor that we have to move our fire truck. Comm. Feldman — Can we cancel the registration and the insurance on this truck? Manager Brown — We have a blanket policy that covers all town assets. We are investigating trying to sell it. We will have to move it to a storage area until we can sell it. I found a truck that we could lease temporarily, but it doesn't carry water and Delray requires that it has water on it. We have a meeting this afternoon regarding proposals from Boca Raton. Comm. Feldman — What happened to the old benches? Manager Brown — Some of them were in very bad shape. We kept the good ones and are placing them around town. • Southeast Florida Regional Climate Change Compact By: Ed Soper, Public Works Director Public Works Director Soper attended several meetings on the Southeast Florida Regional Climate Change Compact and gave the Commission a basic understanding of this compact, since they will be doing an outreach to all community leaders looking for their support. He addressed the four major concerns: rising sea levels; rising temperatures and evaporation; rainfall, floods, droughts; and tropical storms and hurricanes. Palm Beach, Miami/Dade, Broward and Monroe Counties have formed this compact to raise awareness to these concerns, and look for federal and state assistance in performing studies on these global changes. They have been funded through a three -year grant by the Kresky Foundation. The Steering Committee will be coming before this Commission looking for support and adopt an action pledge such as restoring the beach, change building codes because the sea level is going to rise, tree canopies to offer shade, electric cars, etc. Town Commission Workshop Meeting Minutes Tuesday, June 30, 2015 Page 10 of 10 Comm. Feldman — It sounds like almost ninety percent (90 %) of this is not applicable to Highland Beach. PWD Soper — There is a good deal that is not. There is no simple answer, but there are a lot of little things that can be done such as raising seawalls and not have occupancy at sea level. Studies need to be done and I have no answers at this time, but will keep you informed as it moves forward. 11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Carl Gehman, 1123 Highland Beach Drive — Why does the fire truck have to be moved? Town Manager Brown — It is our fire truck and we are storing it in Delray Beach. Myles Schlam, 3600 S. Ocean Blvd — There are sea walls along the Intracoastal, but there are none by the Highland Beach Club. Who would I contact about this issue? Comm. Feldman — The seawalls are your responsibility, but you will have to obtain a permit from the state. 12. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Workshop Meeting at 3:10 PM. MOTION: Commissioner Stern moved to adjourn the workshop meeting at 3:10 PM. Motion was seconded by Commissioner Feldman which passed unanimously. APPROVED: Be d Featherman William Weitz, Ph. , Vice Mayor "SC ission r Carl Feldman, Commissioner 16 o a Zelniker, C issioner AT E T: Valerie Oakes, CMC, Town Clerk Date f Town Commission Workshop Meeting Minutes Tuesday, Auril 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 t '. 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. Mayor 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 Page 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 l O 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