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2017.05.02_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION REGULAR MEETING Tuesday, May 2, 2017 1:30 PM Mayor Carl Feldman called the Regular Meeting to order in the Town Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members Present: Mayor Carl Feldman; Vice Mayor William Weitz, Ph.D.; Commissioner George Kelvin; Commissioner Elyse Riesa and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Town Manager Valerie Oakes; Town Clerk Lanelda Gaskins; Police Chief Craig Hartmann; Finance Director Cale Curtis; Library Director Lois Albertson; Public Works Director Ed Soper and Building Department Office Manager Carol Holland. Pledge of Allegiance: The Pledge of Allegiance was led by Commission, 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 Feldman called for any additions or deletions to the agenda. Hearing none, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS: Carl Gehman, 1123 Highland Beach Drive had a complaint regarding contractors' construction trucks parking on the vacant lot behind his home, which is privately owned. Town Manager Oakes stated that staff will follow up to see who exactly is trespassing on that property. Peter Rodis, 3224 South Ocean Boulevard commented on the Library's movie program which takes place every Friday at 1:00 PM, and the movies that will be aired this Friday. Tim Burnich, 4505 South Ocean Boulevard commented on the discussion that took place at the Workshop Meeting regarding the elimination of the Code Enforcement Board. He was Chairperson of the Code Enforcement Board and is very much against doing this stating his reasons, and why he is not in favor of a Special Magistrate. Town Commission Regular Meeting Minutes May 2, 2017 Page 2 of 11 Jack Halpern, 4511 South Ocean Boulevard briefly described his involvement in the different Town programs. He was also on the Code Enforcement Board and is not in favor of abolishing this Board. The residents of this Town should be involved. Louis Reidenberg3720 South Ocean Boulevard and former Chair of the Code Enforcement Board is not in favor of abolishing the Code Enforcement Board. This Board should remain a people board and does not feel a Special Magistrate will look at the case in the same way the individual members will. 3. PRESENTATION: A) Proclamation: National Police Week Town Clerk Gaskins read the title into the record. 4. BOARDS AND COMMITTEES: Town Clerk Gaskins read Item 4 — Boards and Committees into the record as follows: A) Board Correspondence: �oard None B) Action Report: ;oard None C) Vacancies: • Beaches & Shores Advisory Board — Two Vacancies (One Three Year Term and One Unexpired Term ending July 2017) • Code Enforcement Board — Five Vacancies (Four Full Terms; and One Unexpired Term ending May 2018) D) Monthly Board Meetings and Events: • Beaches & Shores Advisory Board — May 9, 2017 — 9:30 AM • Planning Board Meeting — May 10, 2017 — 9:30 AM • Palm Beach County League of Cities Installation Banquet — May 17, 2017 —11:00 AM • Town Hall Closed — Memorial Day — May 29, 2017 • Town Commission Workshop Meeting —May 30, 2017 — 1:30 PM • Planning Board Special Meeting — May 31, 2017 — 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) RESOLUTION NO. 17-009 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CREATING A CITIZEN STREETSCAPE Town Commission Regular Meeting Minutes May 2, 2017 Page 3 of 11 COMMITTEE FOR THE PURPOSE OF PRODUCTING A CONCEPTUAL PLAN AND SCOPE OF WORK FOR ENHANCING THE STREETSCAPE THROUGHOUT THE TOWN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Town Clerk Gaskins read Resolution No. 17-009 R into the record. Town Manager Oakes — At the last Town Commission Workshop meeting, it was the consensus at that time to establish an Ad Hoc Committee that would authorize the Mayor to appoint five members to that committee. Town Manager Oakes read the main points of Resolution No 17-009 R into the record. Commission Discussion: Commissioner Riesa asked if the Commissioners could come to these meetings and will it be open to the public. Town Manager Oakes responded yes. It is a public meeting opened to the public. She cautioned the Commission regarding making any public statements at the meeting since collectively they would be voting on this item. Mayor Feldman read Section 6 — Committee Tasks into the record. All reports will be reviewed by the Commission before going to the Town residents. There will be meetings at the various condominiums as well as the Library. Commissioner Riesa commented on two items she would like to see added to the Committee Tasks. o Taking telecommunications through the roadway since it will be dug up. It should be looked at from a fiber -optics standpoint and include quotes from Comcast, AT&T and anyone else that would lead into the various condominiums to try and get faster speed that they may not have. o How will we deal with the flooding issues that Florida Department of Transportation (FDOT) is currently working on? This has to be a coordinated effort to make sure we have the right drainage. Mayor Feldman stated that these could be part of Item No. 10. Commissioner Kelvin asked how this would be worded on the referendum. Discussion ensued regarding how it will be presented to the public. Town Attorney Torcivia explained how the ballot must read. It would be best if the Commission could decide on one design after receiving feedback from the residents to avoid any confusion at the time of the referendum vote. Town Manager Oakes — At some time we will be soliciting community involvement. We could put out a survey to see what the residents would prefer and, at that point, there could be a discussion on the campaign process moving forward to see what the question would look like on the ballot. Town Commission Regular Meeting Minutes May 2, 2017 Page 4 of 11 Vice Mayor Weitz recommended that the Resolution title should read "Ad Hoc Citizen Streetscape Committee" which would indicate that it is not a permanent committee. We have a Town Manager and a Town Attorney who could design appropriately the correct formats and structures. We are elected officials to make recommendations based on the residents input. A referendum means that this Commission has voted to support a certain option by a majority vote. Town Manager Oakes read the corrected Resolution title as recommended by Vice Mayor Weitz. MOTION: Vice Mayor Weitz moved to adopt Resolution No. 17-009 R. The motion was seconded by Commissioner Zelniker, which passed unanimously. Mayor Feldman appointed the following residents to the Streetscape Committee: o Bruce Giacoma, Chair of Finance Committee o Michael Kravit, Architect o Louis Reidenberg, Attorney and Planning Board Chair o June Blake, Real estate agent and owner o Paul Resnick, served on several Town boards Finance Director Curtis and Public Works Director Soper will act as advisors to this committee. Mayor Feldman will be on the committee as a non-voting member. MOTION: Vice Mayor Weitz moved to ratify the appointments to the Streetscape Committee. The motion was seconded by Commissioner Riesa. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Riesa - Yes Commissioner Kelvin - Yes Commissioner Zelniker - Yes Mayor Feldman - Yes Motion carried 5 to 0. 6. CONSENT AGENDA: Town Clerk Gaskins read the Consent Agenda into the record. A) Proclamations: • Municipal Clerk Week • Drinking Water Week • Florida Association of City Clerk Month • Building Safety Month Town Commission Regular Meeting Minutes May 2, 2017 Page 5 of 11 B) Authorize the Mayor to Execute Amendment No. 1 to the Drinking Water State Revolving Fund Construction Loan Agreement between the State of Florida Department of Environmental Protection and the Town of Highland Beach. C) Consideration of Placing and Ad in the Florida League of Cities (FLC) Conference Issue of the Quality Cities Magazine. D) Approval of Minutes: o March 23, 2017 — Special Meeting o March 28, 2017 — Workshop Meeting o April 4, 2017 — Regular Meeting MOTION: Commissioner Riesa moved to approve the Consent Agenda. The motion was seconded by Commissioner Kelvin, which passed unanimously. 7. NEW BUSINESS: A) Authorize the Town Manager to Execute an Agreement with AT&T for Fiber Broadband Bundle Express Town Manager Oakes — In January, the Commission approved a temporary extension to an existing PRI agreement with AT&T for local and long distance telephone services. The PRI agreement is essentially a rate agreement for telephone and date (internet) services. The existing agreement is priced on very old technology (analog -copper) lines. These analog lines are very expensive for AT&T to maintain. In turn, they pass those maintenance costs on to the Town via our existing PRI. Staff, along with Commissioner Riesa, has negotiated with AT&T reps for a new Agreement that includes these upgrades to fiber lines. The proposed agreement will combine our telephone and data services under one entity. Town Manager Oakes commented on the points regarding the proposal stating that the Town would save over $120,000 over a three year period. To maintain credibility of competitive Town procurements, Staff and Commissioner Riesa have made multiple attempts to reach Comcast but they have been non- responsive. Therefore, the Staff recommends the Commission authorize the Town Manager to sign agreement with AT&T. Once executed, AT&T can begin the process of bringing the fiber line to Town Hall, which is expected to take a few months. Commission Discussion: Commissioner Riesa commented on her talks with AT&T indicating that we would need better service and better response time. There is a savings of over $40,000 per year with this new plan. She went into detail as to the benefit of the new fiber optics as opposed to the current wiring we now have. There was a great deal of negotiating with AT&T to finally get this price and many thanks to Finance Director Curtis for all his Town Commission Regular Meeting Minutes May 2, 2017 Page 6 of 11 hard work. The fiber optic lines are strictly for the Town Hall complex and not individual homes. Vice Mayor Weitz — We are keeping Comcast as a backup and would ask what the cost would be. Finance Director Curtis — We have four different lines with Comcast at approximately $120 per line. Vice Mayor Weitz — Regarding the telephone stipend, is that with one carrier and how does that work. Town Manager Oakes — An employee could use their own phone and receive a stipend, or they can have a Town provided phone which would be through the Town's carrier. Vice Mayor Weitz asked if this could be consolidated with the new plan. Commissioner Riesa explained how telecommunication carriers work. The fiber optic plan is totally separate from AT&T wireless. Her suggestion was to move forward with this agreement in order to get the utilization of this as quickly as possible for the tremendous savings to the Town. She would be willing to work with the Town separately with AT&T wireless and Verizon wireless to determine whether it would be better to go that route versus a stipend. Mayor Feldman questioned using Comcast as a backup. Commissioner Riesa stated that once this fiber optic plan becomes implemented, the Town Manager will make a decision with Commission as to whether we want to move forward with this dual plan or not. Town Manager Oakes — Commissioner Riesa does have a history with AT&T, but this was in no way a conflict of interest. There was no financial gain to her, and she did this independently under the direction of the Town Commission to work with staff on this proj ect. MOTION: Vice Mayor Weitz moved to authorize the Town Manager to execute an Agreement with AT&T for Fiber Broadband Bundle Express. The motion was seconded by Commissioner Kelvin. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Kelvin - Yes Commissioner Riesa - Yes Commissioner Zelnike - Yes Mayor Featherman - Yes Motion carried 5 to 0. 8. MISCELLANEOUS — ITEMS LEFT OVER: A) Town Commission to Provide Direction to the Town Manager on Hiring of a Special Magistrate Town Manager Oakes — This item is on the agenda for discussion to give me direction as to whether or not I should move forward with the Special Magistrate. Town Commission Regular Meeting Minutes May 2, 2017 Pate 7 of 11 Commission Discussion: Discussion ensued amongst the Commissioners as to the pros and cons of a Code Enforcement Board versus a Special Magistrate. Commissioners Riesa, Kelvin and Zelniker believe that the Code Enforcement Board needs to be a full board with seven qualified members and the residents should be involved based on comments made during the public portion of the meeting. The Code Enforcement Board should remain and a Code Enforcement Officer is needed. At the present time there are only three members on that board. Vice Mayor Weitz was not in agreement since this is a quasi- judicial board and should be based solely on the existing codes of this Town, which are regulatory and not how residents and personal relationships should be involved. This is a legal function, and there should be people who are independent, objective and experienced working for our Town as opposed to basically having volunteers. Mayor Feldman stated that there is code enforcement in the Town, and it is being done and handled quite well by the different departments such as building, police and public works. Town Attorney Torcivia explained the terms and duties of a Special Magistrate. They would be appointed by the Commission and serve when needed. Town Manama Oakes explained that the Special Magistrate would support staff's recommendation. If the case should be appealed to the Circuit Court, the Special Magistrate would not be representing the Town in court, it would be our attorney. There was further discussion regarding the role of the Town Attorney sitting on the Code Enforcement Board as opposed to that of a Special Magistrate. The Town Attorney could only give advice since he is limited to what he can do. Ultimately the committee makes the decision without knowing all the legal aspects. A Special Magistrate could oversee the matter and make the decision. MOTION: Commissioner Riesa moved to have a Special Magistrate manage the code enforcement issues in our Town. The motion was seconded by Vice Mayor Weitz. ROLL CALL: Commissioner Riesa - Yes Vice Mayor Weitz - Yes Commissioner Kelvin - Yes Commissioner Zelniker - No Mayor Feldman - Yes Motion carried 4 to 1. Town Attorney Torcivia discussed the process for hiring a Special Magistrate. There are three applicants at the present time and interviews should be scheduled at the next workshop meeting. Town Commission Regular Meeting Minutes May 2, 2017 Pate 8 of 11 B) Discussion on the Financial Advisory Board Town Manager Oakes — I have had discussions with the Chair of the Financial Advisory Board and he feels everything listed in the Resolution is appropriate. They are sitting idle until they are tasked by the Town Commission. Mayor Feldman suggested talking to the Finance Director to get his input on where he feels they could be of the most advantage to him working with the budget or the spending of the monies of this Town. Town Manager Oakes advised the Commission that they recently tasked the Advisory Board with the Oversight Committee for the Surtax. We are planning on scheduling a meeting with the Financial Advisory Board in the near future. Vice Mayor Weitz — The Financial Advisory Board advises the Commission and not the Finance Director. It would be beneficial to see what kinds of functions this board can reasonably serve and how they can help us without taking over our responsibilities. Commissioner Riesa — The members of the Financial Advisory Board are very knowledgeable people and we should take advantage of their talent. We are now approaching budget season, and I believe there could be some areas that the Finance Director could use some assistance. Perhaps Finance Director Curtis can meet with the entire board to see how they feel and how they can be of assistance. Commissioner Zelniker would like to see this board get more involved in areas such as health insurance, computerization, etc. Mayor Feldman would like to have the Finance Director and the Town Manager meet with the board to see if there is any need for this board. C) Appointment to the Planning Board for an unexpired term ending September 2019: • Al Giachetti, 1118 Bel Air Drive • Michael Kravit, 3700 South Ocean Boulevard #504 • Peter Rodis, 3224 South Ocean Boulevard #216B Ballots were distributed to the Commission to vote for one candidate to be appointed to the Planning Board. Town Clerk Gaskins read the results into the record appointing Michael Kravit with a unanimous vote. Vice Mayor Weitz moved to appoint Michael Kravit to the Planning Board. The motion was seconded by Commissioner Kelvin. Town Commission Regular Meeting Minutes May 2, 2017 Paae 9 of 11 ROLL CALL: Vice Mayor Weitz - Yes Commissioner Kelvin - Yes Commissioner Riesa - Yes Commissioner Zelniker - Yes Mayor Feldman - Yes Motion carried 5 to 0. 9. REPORTS — TOWN COMMISSION: A) Commissioner Elyse Riesa — I met with Public Works Director Ed Soper and the engineer for AT&T and did a site survey of Bel Lido, Tranquility Drive and other areas of the Town and part of AIA. The purpose of this meeting was to determine where all the safety and security issues were with regard to wires; some Comcast issues, some FP&L issues and some AT&T issues. AT&T has agreed to replace all the old green boxes and new ones put in place. I am working with the Public Works Director and the Town Manager on all of the other utilities. B) Commissioner George Kelvin commented on the Comcast equipment which is still parked at Milani Park and has not been used. They will need to move it by June 1 sc C) Commissioner Rhoda Zelniker acknowledged all the veterans who live in Highland Beach. She encouraged all condominiums to put out the American Flag on Memorial Day in their honor. D) Vice Mayor William Weitz also acknowledged all the veterans here in Highland Beach and across the United States and the sacrifices they have made in serving our country. He mentioned an article written regarding the hiring of a Town Manager for Coral Springs and the number of applicants they received for this position. He commented on the fact that Highland Beach did not have to go through this process and how fortunate the Town is to have Valerie Oakes as Town Manager. E) Mayor Carl Feldman also agreed with Vice Mayor Weitz's comment regarding Town Manager Oakes. He commented on the Florida Retirement Plan and the amount of money the Town could save if any new Commissioners opted out of this plan and something could be done for the employees as well. 10. REPORTS — TOWN ATTORNEY GLEN J. TORCIVIA: It has been a pleasure working with Valerie. She is very thorough and thoughtful and gets things done. Town Commission Regular Meeting Minutes May 2, 2017 Page 10 of 11 11. REPORTS —INTERIM TOWN MANAGER VALERIE OAKES: o Update on water main replacement project: There was a walkthrough on April 27t' to determine if a substantial completion has been achieved. The contractor has 30 days to fix any punch list items that remain in order to achieve final completion. The project remains approximately two months ahead of schedule and totally completed by the end of May. o Remineralization Project: Groundbreaking is expected to occur during the first week in May. The recoating of the finish water clear well will require the Town to utilize the Boca Raton interconnect to supply water for approximately two weeks. o Fire Incident on AIA— April 7f': Florida Power & Light (FP&L) provided the Town with a letter describing their investigation into the downed wire which caused a fire along AIA. The Town is asking for additional details about the incident. Florida Public Utilities (FPU) is also conducting an investigation as well. In the hallway you will see an art exhibit called "Fur and Feathers" that came from the Library. Additionally we have children's artwork and adult coloring in our display case. The Friends of the Library have provided an orchid to the Library as a living display for the residents to enjoy. Happy Mother's Day to all the Mothers and Happy Birthday to Mayor Featherman. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS: Carl Gehman, 1123 Highland Beach Drive questioned the number of bids received for the telecommunication project. Town Manager Oakes stated that the only fiber optics service to this area was AT&T. Comcast was contacted many times but never responded. He also asked whether or not any information was received from the Friends of the Library regarding the number of donations and the monies they have. Town Manager Oakes stated that she will be receiving that information and it will be a public record. John Boden, 3407 South Ocean Boulevard commented on the duties of the Financial Advisory Board and feels that the primary function should have to do with cost analysis. Peter Rodis, 3224 South Ocean Boulevard commented on code enforcement having to be more forceful in this Town. Town Commission Regular Meeting Minutes May 2, 2017 Pame 11 of 11 13. ADJOURNMENT: There being no further business, Mayor Feldman called for a motion to adjourn the meeting at 3:45 PM. MOTION: Vice Mayor Weitz moved to adjourn the meeting at 3:45 PM. The motion was seconded by Commissioner Zelniker, which passed unanimously. APPROVED: ATTEST: ane da Gaskins, MYAC Town Clerk �J xt R Carl.Feldman, Mayor William Weitz, Vice Mayor n George Kely n, C mmissiQner 1 oc( �- Rho a Zelnih r, Co issioner -,,Janes al Date