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2016.12.06_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION REGULAR MEETING Tuesday, December 6, 2016 1:30 PM Mayor Bernard Featherman called the Regular Meeting to order in the Town Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz, Ph.D.; Commissioner Carl Feldman; Commissioner Louis P. Stern; and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Interim Town Manager Valerie Oakes; Deputy Town Clerk Lanelda Gaskins; Police Chief Craig Hartmann; Finance Director Cale Curtis; Library Director Lois Albertson; Public Works Director Ed Soper 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 Deputy Town Clerk. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman called for any additions or deletions to the agenda. Item 7A: Vice Mayor Weitz added an item to the agenda to discuss the December 27th Commission Workshop meeting schedule. Item 6G: Commissioner Feldman requested Item 6G. be changed to read "Commission to Appoint Mayor Bernard Featherman as an honorary Chairperson and Commissioner Rhoda Zelniker to the Spring Fling Committee." Hearing no further additions or deletions, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REQUESTS: Peter Rodis, 3224 S. Ocean Boulevard — I would like to congratulate the Commission and Interim Town Manager and her staff for a wonderful Light up the Holidays event. Carl Gehman, 1123 Highland Beach Drive — Welcome back Commissioner Stern. I have heard that they will be parking large trucks on our street and in the lot behind my patio. Interim Town Manager Oakes — For the upcoming water main side street project, we will have a few staging sites. I recommend and urge everyone who lives on a side street to come Town Commission Regular Meeting Minutes December 6,2016 Paae 2 of 11 to the meeting tomorrow evening because that is when we will get into the specifics of this project. Tim Burnich, 4505 S. Ocean Boulevard — There was a discussion at the last meeting regarding the November 16"` Code Enforcement Board meeting which made it seem that we were the cause of why things did not move quickly. This particular violation goes back to February 22°a. The hand delivered notice did not get to the individual until October 28th and we heard the case on November 16th. They were given a $250 per day fine until permits were issued. The Code Enforcement Board cannot call a meeting without authorization from the Town Manager. All the initial work has to be done by the Building Department and code enforcement. We are strictly a hearing board and make a decision as to whether there is a fine or not. I feel the problem is that the Building Official being outsourced and not a Town employee. I am not sure if hiring a code enforcement officer is the answer. Peggy Gossett Seidman, Intracoastal Drive — I wanted to recognize Ms. Pamela Lipofsky from the Library. The children born and raised in Bel Lido have been going to Miss Pam since they were very young and she has meant so much to them. (Ms. Seidman read the list of the universities some are presently attending, those who have graduated from college and/or law school and their accomplishments.) Richard Kaplan, 3400 S. Ocean Boulevard — The mangroves between the Coronado and Casuarina have not been cleaned for many years, and the odor is upsetting many people. Can the Commission suggest that the mangroves be cleaned and who can do it? At one time, there was talk about enclosing the library terraces but this was never approved. It is almost impossible to hold meetings there because of the heat and the noise from the boats in the Intracoastal. Instead of enclosing the two rooms, would you consider enclosing one of the rooms? Commissioner Feldman — The Town has the authority to clean the mangroves. Interim Town Manager Oakes will follow-up with Mr. Kaplan. 3. PRESENTATIONS: None. 4. BOARDS AND COMMITTEES: Deputy Town Clerk Gaskins read Item 4 — Boards and Committees into the record as follows: A) Board Correspondence: • None B) Board Action Report: • Deputy Town Clerk Gaskins read the report into the record. C) Board Vacancies: 0 Code Enforcement Board—One (1)unexpired term ending March 2017 Town Commission Regular Meeting Minutes December 6,2016 Pame 3 of 11 D) Monthly Board Meeting: • Side Street Water Main Project Public Meeting—December 8th—6:30 PM • Beaches & Shores Advisory Board Meeting—December 13th—9:30 AM • Planning Board Meeting—December 14h—9:30 AM • Board of Adjustment& Appeals Meeting—December 20th—9:30 AM • Code Enforcement Board Meeting—December 21 s'—9:30 AM • Town Hall Closed: o December 24th—Day before Christmas Eve o December 26th—Day after Christmas • Town Commission Workshop—December 27th— 1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) RESOLUTION NO. 16-011 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH FLORIDA, CALLING FOR A SPECIAL ELECTION REGARDING THE PROPOSED PATHWAY IMPROVEMENT PROJECT TO REPLACE APPROXIMATELY 3 MILES OF EXISTING PATHWAY ALONG STATE A-1-A AND TO IMPROVE THE SAFETY AND GENERAL AESTHETICS OF THE PATHWAY Deputy Town Clerk Gaskins read the title of Resolution No. 16-011 R into the record. Interim Town Manager Oakes—Last September the Town Commission authorized staff to engage the services of Mathews Consulting to prepare a preliminary design report for the Pathway Improvement Project. This design report will be used to define the overall project scope and provide an estimated cost as we prepare for a referendum question on the March 14, 2017, election ballot. At this stage in the planning process, staff is presenting the Commission with the resolution and draft referendum language that includes a not-to-exceed cost estimate of $2,000,000. The Pathway Improvement Project will include replacement of approximately three miles of existing pathway. The project is also anticipated to include safety and beautification features, decorative lighting at the cross walks, intersections and replacement of monument signage, and other hardscape features. Funds for this project is available in the General Fund Unassigned Fund Balance. At our workshop meeting last week there was discussion on this item. Based on that discussion, we specifically talked about the timeline of this project as far as the referendum question and whether or not we would be placing it on the 2017, or the 2018 ballot. Again, let me remind you that the referendum language deadline is February 3, 2017. Based on that discussion, the Mayor, Vice Mayor, and Commissioner Feldman suggested that perhaps we move forward with the design of the project itself and consider placing this question on the ballot for 2018. Commissioner Zelniker wanted to move forward with the language on the 2017 ballot. Commissioner Stern was not present at the meeting and perhaps he would like to offer his thoughts at this time. Town Commission Regular Meeting Minutes December 6,2016 Page 4 of 11 Commission Discussion: Commissioner Stern—We have been working on this for quite some time and I feel it is now time to move forward and place it on the 2017 ballot. Commissioner Feldman—We definitely will go ahead with this project. The problem is that we hired the engineer and it was supposed to be in by December V. Since it is not in, I do not see how we can go forward. I would like to see exactly what the engineers are proposing and present it to the public in an intelligent manner so they can decide what they would want. It is important that we get the input from the residents. Commissioner Zelniker — I would like to see it get done sooner than later. I do not want to present anything to our residents that is not clear and precise. We are all in agreement that this is a very important project and needs to be done. This has been discussed many times over the years and the pathway has been patched several times. If the Commission decides to do this in 2018, I want to separate the lighting from this project. We need to have as much input from the residents as possible and I would like to see a survey go out to the people who live here. Vice Mayor Weitz — This resolution has to do with the streetscape and has not been discussed over the years as indicated by Commissioner Zelniker. This was on the five- year plan. I am very much in favor of this project but there are many issues to consider. The Town is undertaking a major water main project which will most likely go to the end of 2016 and perhaps into 2017. The earliest we can have another major project is 2018. We will have a referendum in 2018 and have all the data, engineering studies and scope of work. If it is approved, we can move rapidly to get that project underway. I want this done right. The street lighting is part of this project and not a separate project and it needs to be done in total. Mayor Featherman — I am in agreement that we should not have this resolution put in place at this time. Commissioner Stern — Based on the very smart comments made by my fellow Commissioners, 2018 does make better sense for a referendum. MOTION: Commissioner Feldman moved to deny Resolution No. 16-011 R and direct staff to continue to move forward with this project, set the meetings with the Commission, and the residents and look forward to placing this on the 2018 ballot. Also, we need to have Mathews Consultant's report in by January 1, 2017, or we will have to renegotiate our payment to them. It cannot be delayed any longer. The motion was seconded by Commissioner Stern. ROLL CALL: Commissioner Feldman - Yes Commissioner Stern - Yes Town Commission Regular Meeting Minutes December 6,2016 Page 5 of 11 Commissioner Zelniker - No Vice Mayor Weitz - Yes Mayor Featherman - Yes Motion carried 4 to 1. 6. CONSENT AGENDA: Deputy Town Clerk Gaskins read the Consent Agenda into the record. A) Resolution No. 16-012 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 15-008 R WHICH APPROPRIATED FUNDS FOR THE 2015-2016 FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2015 AND ENDS SEPTEMBER 30, 2016 B) Appointment of George Kelvin to the Board of Adjustment and Appeals for a three- year term ending November 2019 C) Appointment of Paul Schlanger to the Code Enforcement Board for a three-year term ending November 2019 D) Commission to Authorize the Mayor and Town Manager to Execute an Agreement with TLC Diversified, Inc. for the Water Remineralization Project—Bid No. 2016-01 E) Commission to Authorize the Mayor and Town Manager to Execute an Agreement with Man-Con, Inc. for the Side Street Water Main Replacement Project Phase 1 and Phase 2—Bid No. 2016-02 F) Commission to Authorize the Mayor to Execute an Agreement with Southern Waste Service, Inc. d/b/a SWS Environmental Services for Emergency Response Services G) Commission to Appoint Mayor Bernard Featherman as honorary Chairperson and Commissioner Rhoda Zelniker to the Spring Fling Committee H) Commission to Authorize the Mayor and Town Manager to Execute an Agreement with Palm Beach County Supervisor of Elections for Vote Processing Equipment Use and Election Services for the March 2017 Municipal Election. MOTION: Vice Mayor Weitz moved to accept the Consent Agenda as presented. The motion was seconded by Commissioner Feldman, which passed unanimously. Town Commission Regular Meeting Minutes December 6,2016 Page 6 of 11 7. NEW BUSINESS• A) Discussion Regarding Possible Canceling the December 27,2016, Commission Workshop Meeting—Vice Mayor Weitz I discussed at the workshop the fact that I felt the Commission Workshop Meeting scheduled for December 27th, which is between Christmas and New Year's, was unnecessary since the Commission will be meeting the following Tuesday. In addition, Town Hall will be closed on the Friday and Monday before that meeting. I understand from Commissioner Stern that it is a tradition not to hold that particular meeting. We have a tremendous group of hardworking and dedicated employees in this Town and some have planned their time off around that time. Commissioner Stern—Over the past few years, we have found that the last meeting of the year is very difficult for the staff. It is history that we have gone the last four years of canceling that meeting. I would really like to see us do it again this year so that the staff could have the time off. Discussion ensued with regards to whether the December 27th Commission Workshop meeting should be canceled or not canceled. MOTION: Vice Mayor Weitz moved to cancel the December 27th Commission Workshop Meeting being fully aware that all the Town operations and functions continue. The motion was seconded by Commissioner Stern. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Stern - Yes Commissioner Zelniker - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion carried 5 to 0. 8. MISCELLANEOUS—ITEMS LEFT OVER: A) Appointment to the Planning Board for an Unexpired Term Ending August 2017 Interim Town Manager Oakes — At our meeting last week, we interviewed three applicants for the Planning Board position. Place your selection on the ballots you have before you. Deputy Town Clerk Gaskins announced that Warren Lewis, with three votes, was appointed as a member of the Planning Board. Town Commission Regular Meeting Minutes December 6,2016 Paae 7 of 11 MOTION: Commissioner Feldman moved to appoint Warren Lewis to the Planning Board. The motion was seconded by Commissioner Zelniker, which passed unanimously. B) Discussion of Crosswalk Lighting/Streetscape—Commissioner Zelniker We have discussed the streetscape, but I want to continue discussing the crosswalk lighting. Many residents, on their own, are going forward getting information and trying to get the Department of Transportation to approve crosswalk lighting so people will be visible at night trying to cross AIA. We need to have our Town help support this particular project. This is a safety issue and the most important issue for our Town and cannot wait until 2018. Vice Mayor Weitz — This issue has been investigated previously by this Town and the community. I am all in favor of safety for our residence. AIA is a State Road and they have a lot to say about what does and does not go on this road in terms of signage, lighting, etc. I understand that this has been addressed and the State has rejected certain crosswalk areas. They have very specific ideas and provisions about what they will and will not approve. Security is not only important for our walkers, but it is just as important for our drivers. It is the main thoroughfare between Delray Beach and Boca Raton and could be just as dangerous for cars stopping all the time and making this road like a parking lot. You certainly can get information and investigate this further but there is no emergency here. We are aware that our roads are a problem. You need to have data and input from the State of Florida and the Florida Department of Transportation(FDOT)before you can proceed. Commissioner Feldman—Boca Highlands has a blinking light at their crosswalk. They were willing to pay for it and applied to the state. The cost was somewhere in the area of$30,000. Commissioner Zelniker stated that the individual condominiums would be willing to pay for these blinking lights. They are the ones that need to apply to the state. I see no reason the Town would not support this as long as the FDOT approves it and the condo association pays for it. My condo association and Commissioner Stern's HOA applied, and they denied the request. Commissioner Stern — Boca Highlands was a long process and very difficult dealing with the FDOT. I do agree that it is dangerous crossing AIA. We are subjected to what the state will do for us. This is something that can be looked into further but not something the Town can do as a project. C) Minutes: o October 25, 2016—Workshop Meeting o November 1, 2016—Regular Meeting MOTION: Commissioner Feldman moved to approve the minutes. The motion was seconded by Commissioner Stern, which passed unanimously. Town Commission Regular Meeting Minutes December 6, 2016 Page 8 of 11 9. REPORTS—TOWN COMMISSION: A) Commissioner Zelniker — I have a letter regarding the first phase of the drainage project by Broad Spectrum which was completed on October 26"'. They will notify us when the second phase is completed. I want to thank Public Works Director Soper for all his work in getting this done. Also, I want to thank everyone that was involved in Light up the Holidays. It was a fabulous event. I would like to place a discussion regarding the Code Enforcement Board on the next agenda. Merry Christmas and Happy Hanukah to all our residents, employees, Commissioners, and board members. B) Commissioner Feldman—On Thursday, December 8t'there is a meeting in the library by the Public Works Department regarding the water main project. It will start on Bel Lido, and I urge those residents to attend. You will have the opportunity to ask questions and voice any concerns you might have regarding parking, mail, the Bel Lido Bridge, etc. At the last meeting, we discussed in detail the property at 1129 Boca Cove Lane. I am upset with this matter because I do not feel the Building Department is doing their job. I would get rid of the Building Inspector and his company because they are at the home now doing work. Mike Desorcy and Orlando Rodriguez are great guys but we are not getting what we are paying for. Someone from the Building Department should be there every day and the job should be closed down. It is a dangerous situation for the homeowner on either side since we do not know if the work was done properly and by licensed contractors. We need to have an injunction to stop this job because it can happen at other locations. It is important we have the right people working in and for our Town. C) Commissioner Stern— I wish everyone the best of the holidays in good health. Many thanks to the staff for a wonderful year and look forward to a very good year next year. D) Vice Mayor Weitz — I wish the staff, the residents, the Commission and our Town Attorney a wonderful and safe holiday season. I want to thank all the Town personnel, the supervisors and the Interim Town Manager Oakes and her staff for the spirit of the holidays from Halloween to Light up the Holidays. The decorations, the participation, the enthusiasm, the efficiency of programming and the way the staff has all pulled together is an incredible thing to see. Light up the Holidays was a spectacular event with hundreds of our residents there and I want to thank everyone for all the hard work and time they put into making this event such a huge success. To participate in these events as an elected official is truly inspiring. Highland Beach is a wonderful place to live. We have great residents and a wonderful staff. I would like to add a discussion regarding our Building Department on the next agenda regarding our current contracting and staffing as well as the monies coming into the Building Department and the monies going to the outsourcing company. Town Commission Regular Meeting Minutes December 6,2016 Paae 9 of 11 E) Mayor Bernard Featherman — Light up the Holidays was a wonderful event last night. To our residents, our staff and my fellow Commissioners, a very happy and healthy holiday season. I also agree that we need to address the Building Department and code enforcement issues. 10. REPORTS—TOWN ATTORNEY GLEN TORCIVIA: • Florida Retirement System Agreement regarding Elected Officials At the last Commission meeting, there was a question regarding the Florida Retirement System (FRS) and future Commissioners ability to opt out of the system. There was a contract between the Town and the state back in 2005. 1 have called the State FRS Department to ask them if we could modify that contract. I am waiting for a response. Hopefully, I will have an answer for you by the next meeting. Commissioner Feldman asked about the code enforcement and that particular injunction. We are meeting regarding this issue after today's meeting. They are receiving a daily fine and have applied for permits. Happy holiday wishes to the staff, the residents and the Mayor and Commissioners. 11. REPORTS—INTERIM TOWN MANAGER VALERIE OAKES: • Request for Proposals for Special Magistrate Services At our last meeting, we discussed the Code Enforcement Board and a Special Magistrate. According to Ordinance No. 11-001 O, which was the ordinance that established the Code Enforcement Board, it states as follows: In the event the Town wishes to re- establish the Special Magistrate, the Town Manager shall solicit proposals from qualified individuals and shall make a recommendation of at least three qualified individuals (or law firms) to serve as such. The Town Commission shall select an attorney (or law firm) to serve as Special Magistrate for the Town. Would you like me to move forward with a Request for Proposal (RFP) or discuss this matter at this time or at a future date? Town Attorney Torcivia— It is not necessary to go out for an RFP. The Town Manager can solicit several law firms. There are many in this area that serves as Special Magistrates. I have the names of two attorneys that may be interested. I could pass this on to Interim Town Manager Oakes and have her interview them. Vice Mayor Weitz — I would encourage us to move forward and have the data available to see what the interest is and their qualifications. It is important they know the laws. It is unfair to expect the hardworking members of the Code Enforcement Board to know the laws. Town Commission Regular Meeting Minutes December 6,2016 Paae 10 of 11 Interim Town Manager Oakes—I received a request for information from Man-Con, Inc., the contractors for the side street water main project. This project was approved by voter referendum. Therefore, this is not a private project but for the benefit of our residents. Our Code of Ordinances prohibits any construction or demolition of any building in a residential district between the hours of 6:00 PM and 8:00 AM and on Sundays and holidays. The request is for construction hours to be shifted back one hour from 7:00 AM to 5:00 PM due to the current daytime winter hours. Interim Town Manager Oakes read the reasons for the change in construction hours into the record. She is recommending that construction hours be shifted from 7:00 AM to 5:00 PM rather than 8:00 AM to 6:00 PM while restricting construction in residential areas to 7:30 AM to 4:30 PM. There is to be no construction noise, no disruptions to traffic flow, backup alarms, etc. before 7:30 AM. They will be allowed to accept delivery of materials and plan for the day at 7:00 AM only at the Milani Park staging area. This does not include work on Saturdays as they will only be working Monday through Friday. However, at times they may make a request to work on a holiday or on a Saturday and those individual requests will be reviewed and approved by the Town Manager on a case by case basis. Commissioner Zelniker would like the residents to be notified. Interim Town Manager Oakes—The residents will be informed. This would be for the first portion of the project because of the time change. If I find that there is an issue, we have the authority to change it. It was the consensus of the Commission to support Interim Town Manager Oakes recommendation. Happy Holidays and a Happy New Year. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Tim Burnich, 4505 S. Ocean Boulevard — I strongly suggest you do something about our Building Department because I feel they have been the problem all along. You have seven very conscientious members sitting on the Code Enforcement Board and if they get the right direction they can make the correct decisions. I am strongly against a Special Magistrate. We had it before and it did not work all that well. Myles Schlam, 3594 S. Ocean Boulevard—The Light up the Holidays event was wonderful. I want to thank the Commission for all their hard work and congratulate the Mayor on being honored as Mayor of the Year. Peter Rodis, 3224 S. Ocean Boulevard — I was a member of the Board of Adjustment and Appeals and Building Official Mike Desorcy always reported on any of our zoning issues. He is a bright man and perhaps he needs to be more forceful with the contractors. Town Commission Regular Meeting Minutes December 6,2016 Page 11 of 11 Paul Schlanger, 3912 S. Ocean Boulevard — I thoroughly support the flashing lights on the crosswalks. The majority of cars do not stop at the crosswalks for the pedestrians. This should not be pushed aside because it is a very important issue. Regarding the Code Enforcement Board, I believe having citizens in a Town in charge of that is extremely important. More important is doing research and finding out why there is a disconnection in getting the information to make informed decisions. Carl Gehman, 1123 Highland Beach Drive — Happy holidays to everyone. I will call the FDOT to find out information on the lighting. I agree with Commissioner Zelniker. The resident should have a survey to see what type of materials they would like on the pathway. Regarding the Code Enforcement Board, if we don't have the proper information, we cannot make an intelligent decision. You should keep the Code Enforcement Board but have an attorney that deals with those types of issues. 13. ADJOURNMENT: There being no further business, Mayor Featherman called for a motion to adjourn the meeting at 3:20 PM. MOTION: Commissioner Stern moved to adjourn the meeting at 3:20 PM. The motion was seconded by Vice Mayor Weitz, which passed unanimously. APPROVED: tj CI Bernard Featherman, Mayor Carl Feldm , ommissioner LL William Weitz, Vice Mayor Louis Stern, Commissioner "Zelniker, issioner ATTEST: Valerie Oakes, CMC Date Town Clerk • Town Commission Regular Meeting December 1, 2016 APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Planning Board SELECT TWO (2): ❑ Al Giachetti ❑ Michael Kravit XWarren Lewis ❑ Nievecita Maraj Signature: Ct., OA. ; h Date: 1 tAl ��� Town Commission Regular Meeting December 1, 2016 APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Planning Board SELECT TWO (2): ❑ Al Giachetti ❑ Michael Kravit Warren Lewis ❑ Nievecita Maraj Signature: Date: C, i • Town Commission Regular Meeting December 1, 2016 APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Planning Board SELECT TWO (2): ❑ Al Giachetti ❑ Michael Kravit arren Lewis ❑ Nievecita Maraj Signature: Date: 1 • Town Commission Regular Meeting December 1, 2016 APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Planning Board SELECT TWO (2): AAI Giachetti ❑ Michael Kravit ❑ Warren Lewis ❑ Nievecita Maraj Signatur Date: • -;a Town Commission Regular Meeting December 1, 2016 APPOINTMENT BALLOT APPOINTMENT of Vacant Seat on the Planning Board SELECT TWO (2): ❑ Al Giachetti Michael Kravit ❑ Warren Lewis ❑ Nievecita Maraj Signature: Date: i