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2017.10.03_TC_Minutes_Regular • TOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MEETING Town Hall/Commission Chambers Date: October 3, 2017 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach,Florida CALL TO ORDER: Mayor Carl Feldman called the Regular Meeting to order at 1:31 PM. PRESENT UPON ROLL CALL: Mayor Carol Feldman Vice Mayor William Weitz, Ph.D. Commissioner Rhoda Zelniker Commissioner George Kelvin Commissioner Elyse Riesa Town Attorney Pamela Ryan 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 Zelniker added an item to the agenda as Item 7B — Discussion added discussion with regards to a Highland Beach Community Event as Item 7-B. Vice Mayor Weitz added discussion with regards to utilizing Town staff for request for supplemental information as Item 7-C. Town Commission Regular Minutes Date: October 3,2017 Page 2 of 13 2. PUBLIC COMMENTS AND REOUESTS: Louise Merkin, resident of Highland Beach expressed concerns about maintaining the quality of life in Highland Beach and the Streetscape project including a crosswalk lighting. Marilyn Horgan, resident of Highland Beach expressed concerns about the safety of residents crossing the roadway and crosswalk lighting for safety. Dr. Stewart Perlow, 3720 South Ocean Boulevard expressed concerns about the safety of the residents of Toscana when crossing South Ocean Boulevard to go to the Toscana Community Beach House. Jane Perlow, 3720 South Ocean Boulevard expressed concerns about the handicapped and elderly people. Robert Jacob, 3912 South Ocean Boulevard provided comments about the safety of the crosswalks. Larry Ginsburg, Propgrty Manager for Regency Highland Condominium Association expressed concerns regarding residents crossing AlA and was in favor of having the crosswalk lighting installed for the safety of all residents. Richard Kaplan, 3400 South Ocean Boulevard commented about the crosswalks and the necessity of having crosswalk lighting. He mentioned that the mangroves between the Coronado and the Casuarina permeates an odor and would like to have them cleaned out. He asked if Town Commission considered underground cables and power lines. Mayor Feldman provided comments with regards to misinformation being disbursed to the community. He read portion of an email from Ted Altman dated October 3, 2017 into the record, regarding removing crosswalk lighting. He explained that crosswalk lighting was never removed from the streetscape project and was budgeted for this project. The Police Chief watches the crosswalks. Town Clerk Gaskins mentioned that she received several emails from Highland Beach residents who were not able to attend today's meeting. The residents expressed their concerns with regards to the referendum, crosswalk lighting and safety to the public. She asked Commission if they wanted the emails to be read into the record and Mayor Feldman did not think it was necessary. Commissioner Zelniker provided comments about the language in the referendum and the 3 to 2 vote that did not include crosswalk lighting. Town Attorney Ryan explained that this discussion should take place under the agenda item. Page 2 of 13 Town Commission Regular Minutes Date: October 3,2017 Page 3 of 13 3. PRESENTATION/PROCLAMATIONS: A) PROCLAMATION: • ADVA,AID TO VICTIMS OF ABUSE Town Clerk Gaskins read the Proclamation declaring the month of October 2017 as Domestic Violence Awareness month into the record. Chief of Police Craig Hartmann provided comments regarding all the great work this organization does. He introduced Pam O'Brien from ADVA. Ms. O'Brien thanked the Town for the Proclamation and the support they receive from the many residents in Highland Beach and Chief Hartmann, who serves on the Board of Directors. They will be having an event in February honoring the Police Department. B)PRESENTATIONS: • STREETSCAPE PATHWAY PROJECT BY: REBECCA TRAVIS,VICE PRESIDENT OF MATHEWS CONSULTING Rebecca Travis, Vice President of Mathews Consulting gave a PowerPoint presentation highlighting the Introduction, Exposed Aggregate (Shell) Sidewalk, Benches, Trash cans and Street Signs, On-Demand Flashing Cross-Walk Signs, Entry Signs, ADA Accessibility and Side Street Crosswalks, and Pre-Design Cost Estimate Summary. Commission Discussion: Commissioner Riesa questioned the drawings prepared in 2009 and whether that was the way they determined the current cost. Ms. Travis explained it was done as a schematic. Commissioner Riesa questioned the most recent proposal and when it was presented to the Town. Ms. Travis stated it was in December 2016 and was not a proposal but a cost estimate. Commissioner Riesa asked if she ever met with the Ad Hoc Committee. Ms. Travis answered no and explained why. Commissioner Riesa stated the money invoiced for this project and asked if Mathews Consulting was bidding on this project. Ms. Travis responded no. Commissioner Riesa questioned Mayor Feldman with regards to Mathews Consulting presenting this information to the Commission at today's meeting and not the Ad Hoc Committee. Mayor Feldman nave his explanation. Commissioner Kelvin asked what type of concrete they are recommending to eliminate the possibility of cracking, how thick is the aggregate and is it part of the concrete. Ms. Travis explained that the standard sidewalk thickness is four (4) inches thick and explained the FDOT requirements. The aggregate would be mixed throughout the concrete and rebars would not be used to reinforce the concrete. Page 3 of 13 Town Commission Regular Minutes Date: October 3,2017 Page 4 of 13 Commissioner Zelniker explained that the issue of the streetscape is a referendum and must be passed by the residents to do it. She commented on the language of the referendum. Vice Mayor Weitz explained that Mathews Consulting was asked to provide a design and give a cost estimate. Nothing has been approved. If the public votes on the referendum, we will move forward and obtain bids for the project. This project is to correct a major issue with the walking path and not just for beautification. Discussion ensued regarding the cost estimate given to the Town by Mathews Consulting in December 2016 and whether or not it still stands at the present time. Ms. Travis agreed that it would be safe to go forward with the $2.1 million figure. Mayor Feldman explained how the Ad Hoc Streetscape Committee arrived at the $2.1 million. 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 Hall Closed: October 9, 2017—Observance of Columbus Day Planning Board Regular Meeting—October 11, 2017—9:30 AM Board of Adjustment and Appeals—October 17, 2017—9:30 AM Town Commission Workshop Meeting—October 31, 2017— 1:30 PM Page 4 of 13 Town Commission Regular Minutes Date: October 3,2017 Page 5 of 13 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 17-003 O (SECOND 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. (FIRST READING WAS 9/512017) Town Clerk Gaskins read the title of Ordinance No. 17-003 O into the record. Town Manager Oakes presented this item and explained the amendments. MOTION: Vice Mayor Weitz moved to adopt Resolution No. 17-003 R. The motion was seconded by Commissioner Kelvin. UPON ROLL CALL: Vice Mayor Weitz - Yes Commissioner Kelvin - Yes Commissioner Riesa - Yes Commissioner Zelniker - No Mayor Feldman - Yes Motion passed on a 4 to 1 vote. B) ORDINANCE NO. 17-004 O (SECOND 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. (FIRST READING WAS 9/5/2017) Page 5 of 13 Town Commission Regular Minutes Date: October 3, 2017 Page 6 of 13 Town Clerk Gaskins read the tittle of Ordinance No. 17-004 O into the record, and explained that this item was postponed to a date certain of November 7, 2017, Regular Meeting due to legal advertisement requirements. C) RESOLUTION NO. 17-020 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION REGARDING THE PROPOSED CONSTRUCTION OF STREETSCAPE IMPROVEMENTS CONSISTING OF, BUT NOT LIMITED TO, A NEW WALK PATH, UPGRADED SIGNAGE, LANDSCAPING AND LIGHTING AND PLEDGING OF AD VALOREM TAXES TO FUND THE PROJECT. Town Clerk Gaskins read the title of Resolution No. 17-020 R into the record. Town Manager Oakes presented this item and read the three versions of the referendum into the record. Commission Discussion: Commissioner Riesa indicated that she would vote for the third version with one exception. The wording should say"will" instead of"may"and explained her reasoning. Commissioner Kelvin commented on the crosswalk lighting near his residence in Braemer Isle and the obligation of the pedestrian crossing the roadway. He cannot support the third version. Commissioner Zelniker referred to the third version stating that the word "may" should be removed and the word"shall" should be inserted. She is in favor of the third version. Vice Mayor Weitz was in support of version number two (2) and gave his explanation for his support. Version number three (3) is illegal since it has never been approved by the Commission or FDOT. He provided comments regarding the FDOT study. The crosswalk project could be implemented by the Commission since the cost is less than $350,000, and it would not need a referendum. A 1 A is a State road so therefore the crosswalk lighting must be approved by FDOT. Mayor Feldman referred to Vice Mayor Weitz's comment regarding the crosswalk lighting project being implemented by the Commission without a referendum. It is something that could be funded by the Town and be separate and apart from this referendum, as long as it is approved by the FDOT. Town Attorney Ryan could not recommend Version 3 and explained that if the crosswalk language is in the referendum and the FDOT does not approve it, the residents could feel they were misled. We may not be able to accommodate the wishes of this Commission and the residents. Page 6 of 13 Town Commission Regular Minutes Date: October 3,2017 Page 7 of 13 Discussion ensued with regards to removing the crosswalk lighting from the referendum and having it a separate item. Mayor Feldman questioned whether they could still use the money from the penny surtax if this was done. Finance Director Curtis will look into this. MOTION: Vice Mayor Weitz moved to adopt Resolution No. 17-020 R Version Two. 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 Motion passed on a 3 to 2 vote. Commission Discussion: MOTION: Commissioner Riesa moved to have the Commission bring back a resolution for the crosswalk lighting and commit funds for crosswalk lighting at the eight (8) locations. The motion was seconded by Commissioner Zelniker. Commission Discussion: Commissioner Kelvin suggested waiting for the FDOT to perform their test for the crosswalk lighting, which should take place in January. Commissioner Zelniker read an email from resident Carol Wittenberg into the record. The crosswalk lighting is independent and must be done. Town Manager Oakes clarified Commissioner Riesa's motion which was to direct the Town Attorney to draft a resolution to expend funds for a crosswalk lighting enhancement project to be implemented immediately after FDOT approval. Vice Mayor Weitz supports the resolution, but it must say"depending approval by FDOT". Discussion ensued regarding the amount of money to be expended for the project and the FDOT approval. John Boden spoke about his study, the quotes he received and how he determined the estimated cost for this project. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Kelvin - No Vice Mayor Weitz - Yes Mayor Feldman - Yes Page 7 of 13 Town Commission Regular Minutes Date: October 3,2017 Page 8 of 13 Motion passed on a 4 to 1 vote. Town Manager Oakes explained that the referendum item question will be scheduled for the March 2018 ballot. She stated that staff will begin preparing Requests for Proposals for a design/build firm and gave the reasons for the design/build method being used. MOTION: Commissioner Riesa moved to support staff to move forward with the design/build firm. The motion was seconded by Commissioner Zelniker. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Kelvin - No Vice Mayor Weitz - Yes Mayor Feldman - Yes Motion passed on a 4 to 1 vote. 6. CONSENT AGENDA: Town Clerk Gaskins read Items 6A through 6C into the record. A) Approval of Minutes: August 29, 2017—Workshop Meeting September 5, 2017—Regular Meeting September 19, 2017—First Budget Public Hearing Meeting B) Approval of Town Commission Meeting Schedule for Fiscal Year 2017-2018. C) RESOLUTION NO. 17-019 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING THE FISCAL YEAR 2017-2018 FEE SCHEDULE WHICH ESTABLISHES REASONABLE FEES FOR TOWN SERVICES AND OTHER CHARGES AND PROVIDING FOR CONFLICTS, PROVIDING AN EFFECTIVE DATE. MOTION: Commissioner Riesa moved to accept Items 6A through 6C on the Consent Agenda as presented. The motion was seconded by Commissioner Zelniker, which passed unanimously. Page 8 of 13 Town Commission Regular Minutes Date: October 3,2017 Page 9 of 13 7. NEW BUSINESS: A) Discussion Regarding Highland Beach TV Channel 99—Commissioner Kelvin. Commissioner Kelvin commented on Channel 99 with regards to upgrading it to come up to par with other community public information sites. He read his suggestions on how to improve Channel 99 into the record. Mark Ruthledge,NodeO IT explained that our PEG(Public Educational Government) channels are via AT&T and Comcast, and they do not offer HD PEG channel capability and will not offer it in the future. He provided comments with regards to Commissioner Kelvin's suggestions. Commissioner Kelvin asked he had the capability of a videographer. Mr. Rutledge answered that he outsources this service. Mayor Feldman inquired about Library performances. Library Director Lois Albertson provided comments regarding the Library Staff's ability to stream performances to be placed on Channel 99. There was no action taken by the Commission. B)Discussion regarding Highland Beach Community Event by Commissioner Zelniker Commissioner Zelniker explained that there is a need in our community to come together in unity and respond to the current events that took place over the past month; Las Vegas tragedy, Hurricanes Harvey, Irma and Maria. She spoke with Father Horgan of St. Lucy's Church regarding an Interfaith Service Community Event and is asking the Commission to co-sponsor this event. The Commission is in support of this event and will supply the refreshments to the residents attending this service. Town Manager Oakes will meet with Father Horgan to determine a date and time. Father Horgan will be happy to cover one-half the cost and is very open to have people of different faiths and will welcome everyone. MOTION: Commissioner Zelniker moved to have the Town Co-sponsor an Interfaith Community Service Event at St. Lucy's Church, and the Town Commission authorizes the Staff to post the information on Channel 99, website, email blasts and flyers posted throughout Town Hall. Additionally the Town will provide refreshments. The motion was seconded by Commissioner Riesa. Page 9 of 13 Town Commission Regular Minutes Date: October 3,2017 Page 10 of 13 UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Riesa - Yes Commissioner Kelvin - Yes Vice Mayor Weitz - Yes Mayor Feldman - Yes The motion passed on a 5 to 0 vote. C) Discussion regarding Utilization of Town Staff for Request for Supplemental Information by Vice Mayor Weitz Vice Mayor Weitz provided comments with regards to the Town Manager providing information to the Commission regarding agenda items, monthly reports, etc. which is protocol for all Town Commission meetings. He objected to the amount and type of information received at today's meeting which was provided due to a Commissioner's public records request. MOTION: Vice Mayor Weitz moved to direct the Town Manager,through her staff,provide the Commission with all information and data necessary to handle agenda items. If additional information or background history material is required, it is only provided with the majority vote of the Commission. The motion was seconded by Commissioner Kelvin. Commission Discussion: Commissioner Riesa explained her reason for requesting the information that was provided for today's meeting. Commissioner Kelvin provided comments regarding the quality of the information supplied. Commissioner Zelniker provided comments with regards to the Commission having the right to ask for any information that they may require. Discussion ensued regarding the ability to have information provided to any Commissioner upon request and the utilization of staff to produce these items. Town Attorney yan will draft a policy with regards to Commissioner's interaction with Town staff and request for public records. Requests should be made to the Town Manager for her direction. Vice Mayor Weitz tabled his motion until the Town Attorney prepares a policy. 8. MISCELLANEOUS—ITEMS LEFT OVER: None. Page 10 of 13 Town Commission Regular Minutes Date: October 3,2017 Page 11 of 13 9. REPORTS—TOWN COMMISSION: A) Commissioner Elyse Riesa provided comments regarding Ethics training and not being able to talk with fellow Commissioners. These meetings are the only forum in which to communicate with each other and express our concerns over issues. Commissioners should be aware of the Civility Pledge and not talk with each other while one Commissioner is speaking. She thanked the community for attending today's meeting and encouraged all residents to view the meetings on Channel 99 or the internet videos. The streetscape project is very important to her and would like to see it move forward for the safety of the residents as well as beautifying the Town. The Town Manager is working with Florida Power & Light to help resolve some of the issues affecting this Town. A reminder to the residents that Carol Stern is working with previous members of the Beaches & Shores Advisory Board to put together a Beautification Club. The first meeting will be held on November 1, 2017 at 1:00 PM in the Highland Beach Library. B) Commissioner George Kelvin congratulated Mayor Feldman on running a controlled meeting. He referred to a request he made to have the Town Attorney investigate whether there is a code that would prevent any homeowner or entity in the Town charging for parking. Town Attorney Ryan will look into this matter. C) Commissioner Rhoda Zelniker thanked the Commission for supporting the Community Interfaith Event. D) Vice Mayor William Weitz thanked Commissioner Zelniker for presenting the Community Interfaith Event. He asked the Town Manager to follow up with FP&L to arrange a Town Hall meeting with them and invite the public to have questions and answers with their representative. He provided comments regarding the emails received about the streetscape project. E) Mayor Carl Feldman provided comments regarding the Building Department and SAFEbuilt doing an excellent job with the help of Carol Holland, Office Manager and the recent reports received from SAFEbuilt. He provided comments about a telephone call he received from resident, Mr. Wolf on Russell Drive regarding the debris from Hurricane Irma. The debris was removed as scheduled and the company was doing a great job. He also provided comments with regard to the designated parking space located in front of Town Hall, known as the "Meet Up Spot", which is to be used for internet purchasing. In addition, he spoke about the current communication processes practiced by Town Staff. 10. REPORTS—TOWN ATTORNEY PAMELA RYAN: Town AttorneyR explained that under Florida Law, the Highland Beach Channel 99 cannot be utilized for political campaigning. Page 11 of 13 Town Commission Regular Minutes Date: October 3,2017 Page 12 of 13 11. REPORTS—TOWN MANAGER VALERIE OAKES: Town Manager Oakes provided reports on the following: • Update on Remineralization Project. • Comcast is aware of sites on AIA where their cables need to be moved to new utility poles. • AT&T addressed open junction box. • FP&L will provide dates for availability to meet with Town Manager and staff and discuss solar lighting. • Water Treatment Plant performed a lead and copper sampling at locations designated by the Health Department. • King Tide arriving October 4'i'thru October 11 h. • FDOT will be installing a beta pedestrian crosswalk sign in January for testing. • Vacant property south of Toscana had damage due to Hurricane Irma and the owner was issued an emergency permit by DEP to remove the damaged trees. No mangroves were removed. DEP is conducting a site inspection. • Update on hurricane debris removal. • Friday, October 5t',the Library will hold a jazz concert by the Mark Doyle trio. The Friday movie is"Gifted"and will be presented at 1:00 PM. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS: John Ross, 3450 South Ocean Boulevard provided comments on the crosswalk lighting and the "tie vote". He also spoke about the odor coming from the mangroves next to his condominium. Town Manager Oakes indicated that she will contact the Code Enforcement Officer to look into this issue. Public Works Director Edward Soper explained that there were complaints about garbage in the mangroves some time ago and the residents formed a citizen task force to clean the mangroves. It is federal land protected by federal regulation and there is no formal way that the Town can go in and clean it up, but a citizen committee can remove the trash. He will contact the Department of Environmental Protection to see if they will clean the mangroves. 13.ADJOURNMENT: There being no further business, Mayor Feldman called for a motion to adjourn the meeting. MOTION: Commissioner Zelniker moved to adjourn the meeting at 4:45 PM. The motion was seconded by Commissioner Kelvin, which passed unanimously. Page 12 of 13 Town Commission Regular Minutes Date: October 3,2017 Page 13 of 13 APPROVED: - Carl Feldman, Mayor CjGaskins, NOC Date Town Clerk Page 13 of 13