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2017.09.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH 3614 South Ocean Boulevard, Highland Beach, Florida TOWN COMMISSION REGULAR MINUTES CALL TO ORDER: A Regular Meeting of Town Commission of the Town of Highland Beach was called to order by Mayor Carl Feldman in the Commission Chambers at Town Hall at 1:30 PM on Tuesday, September 5, 2017. PRESENT UPON ROLL CALL: Commissioner Elyse Riesa Commissioner George Kelvin Commissioner Rhoda Zelniker Vice Mayor William Weitz, Ph.D. Mayor Carl Feldman Town Attorney Glen Torcivia Town Manager Valerie Oakes Town Clerk Lanelda Gaskins Pledge of Allegiance: The Pledge of Allegiance was led by Commission, followed by a moment of silence. Civility Pledge: Town Clerk Gaskins recited the Civility Pledge. 1. ADDITIONS.DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Feldman called for any additions or deletions to the agenda. Commissioner Kelvin added placing additional information on the Town Website regarding candidates running for office as Item 7A. Town Manager Oakes added Resolution No. 17-017 R Declaring a State of Emergency within the Town of Highland Beach as Item No. 5D to the agenda. Mayor Feldman added placing Conversations with Commissioners calling the Town Attorney as Item 7B. The agenda was approved as amended. Town Commission Regular Meeting Minutes September 5,2017 2. PUBLIC COMMENTS AND REOUESTS: Resident, 3912 South Ocean Boulevard commented on separating the crosswalks from the walkway. He requested car charging stations at the municipal complex and the possibility of having electric Town fleet cars. Ted Alman, 3912 South Ocean Boulevard provided comments regarding his professional experience and his concerns for pedestrian safety at the crosswalks. The LED lighting and signage would be beneficial to the residents. Silvio Blaskovicz, 1120 Highland Beach Drive thanked and complimented Town Manager Oakes and Public Works Director for resolving the parking lot issue on his block. Carl Gehman, 1123 Highland Beach Drive commented on the August 29, 2017 Workshop meeting. Catherine Wolf, 1004 Russell Drive provided comments about the walkway path and the flashing lights at the crosswalks and has observed vehicles ignoring these lights. 3. PRESENTATION: None. 4. BOARDS AND COMMITTEES: Town Clerk Gaskins read Items 4A through 4D into the record. A) Board Correspondence: None. B) Board Action Report: None. C) Board Vacancies: Financial Advisory Board—(One Vacancy for a Three Year Term). D) Monthly Board Meetings and Events: Town Commission First Budget Public Hearing— September 7, 2017—5:01 PM Planning Board Regular Meeting—September 13, 2017—9:30 AM Board of Adjustment and Appeals—September 19, 2017—9:30 AM Town Commission Second Budget Public Hearing—September 19, 2017—5:01 PM Town Commission Workshop Meeting— September 16, 2017— 1:30 PM Page 2 of 12 Town Commission Regular Meeting Minutes September 5,2017 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 17-002 O (SECOND READING) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER 30, "ZONING CODE", ARTICLE IV, "ZONING DISTRICTS", SECTION 30-67, "USES PERMITTED, SPECIAL EXCEPTION, AND PROHIBITED USES", AND ARTICLE VIII, "DEFINITIONS", SECTION 30-131, "DEFINITIONS OF TERMS", TO PROHIBIT MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES WITHIN THE TOWN OF HIGHLAND BEACH; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE (FIRST READING WAS 8/1/2017). Town Clerk Gaskins read the title of Ordinance No. 17-002 O into the record. Town Manager Oakes presented this item. MOTION: Vice Mayor Weitz moved to adopt Ordinance No. 17-002 on Second Reading. The motion was seconded by Commissioner Zelniker. UPON ROLL CALL: Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Kelvin - Yes Commissioner Riesa - Yes Mayor Feldman - Yes The motion passed on a 5 to 0 vote. Page 3 of 12 Town Commission Regular Meeting Minutes September 5,2017 B) ORDINANCE NO. 17-003 O (FIRST READING) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CHARTER, SECTION 1.06 AND AMENDING CHAPTER 7 "ELECTIONS", SECTION 7-1 "STATE LAW TO GOVERN ELECTIONS", SECTION 7-2 "QUALIFICATIONS TO VOTE", SECTION 7-3 "REGISTRATION OF ELECTORS", SECTION 7-6 "NOTICE OF ELECTIONS", AT THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO ALLOW FOR A LONGER PERIOD OF TIME BETWEEN QUALIFYING AND THE ELECTION AND TO CLARIFY THE PROCEDURES TO BE FOLLOWED REGARDING THE MUNICIPAL ELECTION; ENACTING SECTION 7-5 "TIE VOTE" TO PROVIDE FOR PROCEDURES TO FOLLOW IN THE EVENT OF A TIE IN AN ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Gaskins read Ordinance No. 17-003 O into the record. Town Manager Oakes presented this item. The Commission opted to have a Run Off election and Town Manager Oakes read the language for the Runoff election into the record. If this ordinance is adopted, $19,000 will be allocated from the Town's reserves for this line item so the funds would be available should there be a Runoff election in March. Commission Discussion: Vice Mayor Weitz provided comments regarding adopting this ordinance at today's meeting since there was no motion at the last Workshop meeting to add this language. Town Attorney Torcivia explained that there are two ordinances; the initial ordinance with the draw by lots language presented at the Workshop meeting, and the revised ordinance which includes the Runoff election language. The Commission can adopt either one at today's meeting. MOTION: Vice Mayor Weitz moved to adopt the initial ordinance with the draw by lots language. The motion was seconded by Commissioner Kelvin. Commission Discussion: Commissioner Zelniker and Commissioner Riesa support a Runoff election. Commissioner Kelvin does not support a Runoff election. Page 4 of 12 Town Commission Regular Meeting Minutes September 5,2017 Mayor Feldman provided comments on having a Runoff election with regards to the time and funding needed. UPON ROLL CALL: Vice Mayor Weitz - Yes Commissioner Kelvin - Yes Commissioner Zelniker - No Commissioner Riesa - Yes Mayor Feldman - Yes The motion passed on a 4 to 1 vote. C) ORDINANCE NO. 17-004 O (FIRST READING) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 20 "PLANNING AND DEVELOPMENT", ARTICLE II "PLANNING BOARD", SECTION 20-26 "ESTABLISHED; MEMBERSHIP; FUNCTIONS", TO REMOVE THE REQUIREMENT FOR ANNUAL REVIEWS OF THE COMPREHENSIVE PLAN AND ZONING CODE BY THE PLANNING BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Gaskins read Ordinance No. 17-004 O into the record. Town Manager Oakes introduced this item. Commission Discussion: All Commissioners were in support of Item 5C, Ordinance No. 17-004 O. MOTION: Vice Mayor Weitz moved to adopt Ordinance No. 17-004 O on First Reading. The motion was seconded by Commissioner Zelniker. UPON ROLL CALL: Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Riesa - Yes Commissioner Kelvin - Yes Mayor Feldman - Yes The motion passed on a 5 to 0 vote. Page 5 of 12 Town Commission Regular Meeting Minutes September 5,2017 D) RESOLUTION NO. 17-017 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING A STATE OF EMERGENCY WITHIN THE TOWN OF HIGHLAND BEACH AND AUTHORIZING THE EVACUATION OF RESIDENTS FROM CERTAIN AREAS OF THE TOWN OR THE WHOLE TOWN; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Gaskins read Resolution No. 17-017 R into the record. Town Manager Oakes introduced this item. MOTION: Commissioner Zelniker moved to adopt Resolution No. 17-017 R. The motion was seconded by Commissioner Riesa. UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Riesa - Yes Commissioner Kelvin - Yes Vice Mayor Weitz - Yes Mayor Feldman - Yes The motion passed with a 5 to 0 vote. Town Manager Oakes explained the details involved if a mandatory evacuation should occur. Pertinent information regarding shelters and evacuation routes are located in the Clerk's office and posted on the website. She encouraged the residents to prepare for Hurricane Irma, have an evacuation plan and pay attention to the local television channel for updates on the hurricane weather. Police Chief Craig Hartmann provided comments with regards to the hurricane and the safety of the residents. Mayor Feldman asked at what point the Town turns the water off. Public Works Director Edward Sorer explained that it is turned off when there is a mandatory evacuation, at which point the Town switches to one of the interconnects. 6. CONSENT AGENDA: Town Clerk Gaskins read Items 6A through 6G into the record. A) Approval of Minutes: July 25, 2017—Special Meeting July 25, 2017—Workshop Meeting Page 6 of 12 Town Commission Regular Meeting Minutes September 5,2017 August 1, 2017—Regular Meeting August 3, 2017—Budget Workshop Meeting B) Authorize the Mayor to Execute an Interlocal Agreement for License Plate Recognition Data Sharing between the Town of Highland Beach and the City of Delray Beach for law enforcement purposes. C) Authorize the Mayor to Accept the Proposal from Florida Municipal Insurance Trust for General Liability, Property and Workers' Compensation Insurance Coverage for a two-year policy period beginning October 1, 2017 through September 30, 2019. D) Authorize the Town Manager to Accept the Proposals and Execute Agreements for Employee Dental, Vision, Life and Disability Insurance with Mutual of Omaha and Superior Vision for Fiscal Year 2017-2018. E) Commission to Approve the Sales Order with Paladin Data Systems Corporation and Authorize the Town Manager to Proceed Implementing Upgrades for the SmartGov Program to incorporate Mobile Inspection, Citizen Portal, and Digital Plan Review for the Building Department. F) Nomination to Re-Appoint Edward Kornfeld to the Financial Advisory Board to Serve a Three Year Term Ending September 5, 2020. G) Nomination to Re-Appointment Warren Lewis to the Planning Board to Serve a Three Year Term Ending September 5, 2020. Vice Mayor Weitz asked for the Town Attorney's legal opinion regarding whether or not any Commissioner has the right to re-litigate any omissions, mistakes of wordings or errors within the Town Commission minutes after they have been approved. Town Attorney Torcivia explained that the time to make comments or corrections is before the minutes are approved. Once approved they are the official minutes of the Town. MOTION: Commissioner Zelniker moved to accept Items 6A through 6G on the Consent Agenda. The motion was seconded by Commissioner Kelvin, which passed unanimously. 7. NEW BUSINESS: A) Discussion regarding the Town's website (Candidates running for office): (THIS ITEM WAS ADDED TO THE AGENDA) Commissioner Kelvin requested that the Town Attorney research if a candidate can put a video on Channel 99 that would give a brief summary of their background and their reason for running Page 7 of 12 Town Commission Regular Meeting Minutes September 5,2017 for that particular position. He also asked if the Town's website could be used for this purpose in the event Channel 99 could not. Town Attorney Torcivia referred to the new sign code adopted by the Commission. He will need direction from the Commission to investigate this matter. Discussion ensued with regards to Channel 99 and the Town's website being used for candidates during an election. MOTION: Vice Mayor Weitz moved to authorize the Town Attorney to investigate the related State Statute with regards to using Channel 99 and the website for political campaigns. The motion was seconded by Commissioner Kelvin. UPON ROLL CALL: Vice Mayor Weitz - Yes Commissioner Kelvin - Yes Commissioner Zelniker - No Vice Mayor Weitz - Yes Mayor Feldman - Yes The motion passed with a 4 to 0 vote. B) Conversations with Commissioners Calling on the Town Attorney: (THIS ITEM WAS ADDED TO THE AGENDA) Mayor Feldman requested that if any Commissioner wants to speak with the Town Attorney, they should go through the Town Manager rather than call the Town Attorney direct. MOTION: Vice Mayor Weitz moved to approve that any questions the Commissioners may have for the Town Attorney with respect to legal issues be channeled through the Town Manager. The motion was seconded by Commissioner Riesa. UPON ROLL CALL: Vice Mayor Weitz - Yes Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Kelvin - Yes Mayor Feldman - Yes The motion passed with a 5 to 0 vote. Page 8 of 12 Town Commission Regular Meeting Minutes September 5,2017 8. MISCELLANEOUS—ITEMS LEFT OVER: A) Authorize the Town Commission to Rescind the Base Bid Plus Alternative No. 2 Concealment Wall Option and Accept the Counterproposal from TLC Diversified, Inc. to Construct Concealment Wall Alternative No. 1 for the Remineralization Project, Make the Necessary Modifications and Authorize the Town Manager to Issue Work Change Order Directive No. 1 to TLC Diversified,Inc. Town Manaizer introduced this item. MOTION: Vice Mayor Weitz moved to accept the proposal for Alternative No. 1. The motion was seconded by Commissioner Kelvin. UPON ROLL CALL: Vice Mayor Weitz - Yes Commissioner Kelvin - Yes Commissioner Zelniker - Yes Commissioner Riesa - Yes Mayor Feldman - Yes The motion passed with a 5 to 0 vote. B) Discussion Regarding the Ad Hoc Citizen Streetscape Committee Recommendations, Finalize the Conceptual Plan,and Scope of Work for the Streetscape Project. MOTION: Vice Mayor Weitz made a motion for the Town Manager to prepare a Referendum to upgrade the walkway, designated lighting, designated landscaping and designated signage at a cost not to exceed $2 million. The motion was seconded by Commissioner Kelvin. Commissioner Discussion: Commissioner Riesa requested that the referendum include concurrent and teamwork in cooperation with FDOT(Florida Department of Transportation). Commissioner Zelniker supports what the Town Manager has indicated, which is $2.5 million and that the project should be done in collaboration with FDOT, Commissioner Kelvin had no comments. Mayor Feldman provided comments regarding the $2 million dollar amount and could not support limiting the Referendum to that amount. This project must be done with the approval of the FDOT. Page 9 of 12 Town Commission Regular Meeting Minutes September 5,2017 Vice Mayor Weitz provided comments with regards to why he could not support the project going higher than the $2 million. Discussion ensued regarding the public approving a referendum for $2.5 million if presented to the residents properly. Public Works Director Edward Soper gave a PowerPoint presentation of the Pre-Design Construction Cost Line Items. He also commented on his meetings with the FDOT regarding the drainage issue. James Poole, District Drainage Engineer for FDOT provided comments with regards to the streetscape project and working with the Town on the drainage issue. Commissioner Riesa commented on the additional estimated cost of $398,949 needed for improving the drainage as provided by the Town Manager. She inquired whether additional money would be needed in order to have proper drainage for the walkway. Mr. Poole questioned where the figure came from. Finance Director Curtis provided comments regarding this amount. Vice Mayor Weitz asked Public Works Director Soper if he buffered costs and added safety nets. Public Works Director Soper explained that there is a 20% contingency listed in all the line items. Commissioner Zelniker inquired about bike lanes and crosswalks and the safety of the residents. Mr. Poole explained that there are no plans at this time. Commissioner Zelniker asked if the drainage should be included in this Referendum. Mr. Poole stated that the department would support including drainage in the budget. Discussion ensued with regards to drainage, the cost involved, how the streetscape project might impact the future drainage and whether this additional money should be included in the referendum. Town Manager Oakes and Finance Director Curtis explained how the $2.5 million referendum was determined. There was further discussion with regards to the flooding in the swales which are owned by the FDOT. MOTION: Vice Mayor Weitz amended his motion from the "cost not to exceed $2 million" to "cost not to exceed$2.1 million". The motion was seconded by Commissioner Kelvin. UPON ROLL CALL: Vice Mayor Weitz - Yes Commissioner Kelvin - Yes Commissioner Riesa - No Commissioner Zelniker - No Mayor Feldman - Yes The motion passed on a 3 to 2 vote. Page 10 of 12 Town Commission Regular Meeting Minutes September 5,2017 9. REPORTS—TOWN COMMISSION: A) Commissioner George Kelvin asked about the status of the Parking Ordinance. Town Attorney Torcivia replied that he is working with the Town Manager on this. B) Commissioner Rhoda Zelniker commended Police Chief Craig Hartmann and Town Manager Oakes for a great job with regards to the private house party event. She thanked Mayor Feldman for including lighting in the streetscape project. She encouraged the residents to look out for their neighbors during the Hurricane season. C) Commissioner Elyse Riesa clarified the reason she mentioned the private house party event that was brought up at the August 29, 2017 Commission Workshop meeting and applauded Chief Hartmann for the tremendous job he did in keeping our Town safe. She encouraged the residents to prepare for Hurricane Irma and be safe. D) Vice Mayor William Weitz provided remarks regarding the private party event that was brought up at the August 29, 2017 Commission Workshop meeting. He rendered a personal apology to the residents, Town Manager and the Town staff, Town Attorney and fellow Commissioners for his behavior during the August 29, 2017 which he felt was unfitting for an elected official. He explained the circumstances that led to his behavior at that time and again apologized for his actions. E) Mayor Carl Feldman also remarked on the private party event. He also provided comments regarding a resident who mentioned at the August 29, 2017 Commission Workshop meeting that he was not allowed to speak at the Ad Hoc Streetscape Committee meeting, and perhaps the Mayor was in violation of the Sunshine Law because he served on that committee. Town Attorney Torcivia responded that the Mayor was not in violation of the Sunshine Law. Mayor Feldman responded to Mrs. Wolf's comment about the blinking lights. 10. REPORTS—TOWN ATTORNEY GLEN J. TORCIVIA: Torcivia Town Attorney had no report. 11. REPORTS—TOWN MANAGER VALERIE OAKES: Town Manager Oakes encouraged the residents to pay attention to the upcoming hurricane and be safe. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS• Page 11 of 12 Town Commission Regular Meeting Minutes September 5,2017 Peter Rodis, 3224 South Ocean Boulevard questioned where a resident could go during the hurricane. Carl Gehman, 1123 Highland Beach Drive was impressed with today's meeting and complimented the Commission. 13.ADJOURNMENT: There being no further business, Mayor Feldman called for a motion to adjourn the meeting at 4:15 PM. MOTION: Vice Mayor Weitz moved to adjourn the meeting at 4:15 PM. The motion was seconded by Commissioner Kelvin,which passed unanimously. APPROVED: _ Carl Feldman, Mayor ATTT: OCTOBER 3, 2017 Lanel Gaskins,-MMC Date Town Clerk Page 12 of 12