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2018.01.09_TC_Minutes_Regular TOWN OF HIGHLAND BEACH TOWN COMNUSSION REGULAR MEETING Town Hall/Commission Chambers Date: January 9,2018 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach,Florida CALL TO ORDER: Mayor Carl Feldman called the Regular Meeting to order at 1:30 PM. PRESENT UPON ROLL CALL: Mayor Carl Feldman Vice Mayor William Weitz,Ph.D. Commissioner Rhoda Zelniker Commissioner George Kelvin Commissioner Elyse Riesa Town Attorney Glen Torcivia i 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. Civilly Pledge: Town Clerk Gaskins recited the Civility Pledge. 1. ADDITIONS.DELETIONS OR ACCEPTANCE OF AGENDA: The agenda was accepted as presented. I Town Commission Regular Minutes Date: January 9,2018 Page 2 of 10 2. PUBLIC COMMENTS AND REQUESTS: The following residents provided comments: Anne Gehman John Ross Carl Gehman. 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: Town Clerk Gaskins read the December Board Action Report into the record C) Board Vacancies: Financial Advisory Board—(One Vacancy for a Three Year Term). D) Monthly Board Meetings and Events: Town Hall Closed: o January 15,2018—Martin Luther King,Jr. Day Board of Adjustment and Appeals—January 16,2018—9:30 AM Coffee with Mayor Feldman—January 17,2018—9:30 AM Town Commission Workshop Meeting—January 30,2018— 1:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 18-0010 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CREATING CHAPTER 34 -FILM PRODUCTION-, TO PROVIDE FOR REGULATIONS REGARDING FILM PRODUCTION AND RELATED ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Town Commission Regular Minutes Date: January 9,2018 Page 3 of 10 Town Clerk Gaskins read Ordinance No. 18-0010 into the record. Town Manager Oakes presented this item. Town Attorney Torcivia explained that he spoke with Mr. Elderd of the Palm Beach County Film and Television Commission. Mr. Aldrich was not available to attend the meeting to today. However,he would be available in the near future to meet with the Commission. Vice Mayor Weitz explained that want some level of regulation in Highland Beach related to film production. He supports a regulatory group coming to the next Commission workshop meeting to make a presentation. Commissioner Zelniker explained that ordinance did not address some of the needs specific to Highland Beach including, the narrow streets in Bel Lido, parking, and traffic. The ordinance must be clear and concise for the safety of the residents. Commissioner Kelvin supports the Palm Beach County Film and Television Commission give a presentation at the next Commission workshop meeting. Commissioner Riesa explained that the ordinance was not to prevent film production in Highland Beach. It is to set standards and control on when filming should be allowed and other important matters such as parking, access in and out of the streets for the safety of the residents. She supports having the Palm Beach County Film and Television Commission give a presentation at a firture Commission workshop meeting. Mayor Feldman supports the Palm Beach County Film and Television Commission give a presentation at the next Commission workshop meeting. It was the consensus of the Commission for the Palm Beach County Film and Television Commission give a presentation at the January 30, 2018, Workshop meeting. 6. CONSENT AGENDA: None. Town Commission Regular Minutes Date: January 9,2018 Page 4 of 10 7. NEW BUSINESS: Town Clerk Gaskins read Item 7A into the record. A) Approval of Meeting Minutes: o November 28,2017—Workshop Minutes o December 5,2017—Regular Minutes MOTION: Vice Mayor Weitz moved to approve the November 28,2017 Workshop Minutes and December 5,2017 Regular Minutes. The motion was seconded by Commissioner Kelvin. UPON ROLL CALL: Vice Mayor Weitz - Yes Commissioner Kelvin - Yes Commissioner Riess - Yes Commissioner Zelniker - Yes Mayor Feldman - Yes Motion passed on a 5 to 0 vote. Town Clerk Gaskins read Item 7B into the record. B) Declare the 2004 International Fire Rescue Track as Surplus Property and Authorize the Town Manager to Dispose of the 2004 International Fire Rescue Truck. Town Manager Oakes introduced this item. Assistant Delray Fire Chief Keith Tome y spoke about the history of the fire rescue truck and mentioned that City of Delray Beach would like to keep this truck park of the CERT program. Mayor Feldman mentioned that he would like the name changed on the truck to read "Donated by the Town of Highland Beach". MOTION: Commissioner Riess moved to declare the 2004 International Fire Rescue Truck as Surplus Property and Authorize the Town Manager to dispose per Option 1. The motion was seconded by Commissioner Zelniker_ UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Kelvin - Yes Vice Mayor Weitz - Yes Mayor Feldman - Yes Motion passed on a 5 to 0 vote. Town Commission Regular Minutes Date: January 9,2018 Page 5 of 10 Town Clerk Gaskins read Item 7C into the record. C) Approve and Authorize the Mayor to Execute a Contract Award to Man Con, Inc. in an amount not to exceed $120,059.00 for Replacement of 11 Fire Hydrant Assemblies along State Road AIA. Town Manner Oakes introduced this item. Public Works Director Edward Soper provided comments regarding the budget and cooperative purchase with Davie. MOTION: Vice Mayor Weitz moved to authorize the Mayor to Execute a Contract Award to Man Con, Inc. for the replacement of 11 Fire Hydrant Assemblies along State Road AIA. The motion was seconded by Commissioner Kelvin. UPON ROLL CALL: Vice Mayor Weitz - Yes Commissioner Kelvin - Yes Commissioner Riesa - Yes Commissioner Zelniker - Yes Mayor Feldman - Yes Motion passed on a 5 to 0 vote. Town Clerk Gaskins read Item 7D into the record. D) Approve and Authorize the Mayor to Execute a Contract Award to Cone and Graham, Inc. (Lowest Responsive Bidder) in an amount of $49,701.00 for the Bel Lido Bridge Rehabilitation Project(Bid No.2018-01). Town Manager Oakes introduced this item. MOTION: Commissioner Zelniker moved to approve the Contract Award to Cone and Graham, Inc. for the Bel Lido Bridge Rehabilitation Project(Bid No. 2018-01). The motion was seconded by Vice Mayor Weitz. Town Clerk Gaskins read Item 7E into the record. E) Discussion Regarding Reading Emails during Public Comments. Commissioner Riesa introduced this item. Emails sent by residents to the Commission should be read at a Commission meeting so the residents can be heard and she would like Town Staff to respond to them. Commissioner Zelniker concurs with Commissioner Riesa. Town Commission Regular Minutes Date: January 9,2018 Page 6 of 10 Town Clerk Gaskins explained to the Commission that she reached out to the Palm Beach County Clerk's Association to see how other municipalities handle this issue. She explained the other municipality's procedures. MOTION: Commissioner Riess moved to approve that all correspondence from residents to Commission or the Town Staff be read into the record at Commission Meetings; and would like either the Commission or the Town Staff to respond to the emails. The motion was seconded by Commissioner Zehuker. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Kelvin - No Vice Mayor Weitz - No Mayor Feldman - No Motion failed on a 3 to 2 vote. Discussion ensued regarding the various correspondence sent to the Commission. Residents should be informed that all requests should be forwarded to the Town Manager. Mayor Feldman asked each Commissioners if correspondence sent to them should be read during Public Comments. Commissioner Riesa and Commissioner Zelniker were in favor of the correspondence being read during public comments. Commissioner Kelvin, Vice Mayor Weitz and Mayor Feldman were not in favor of the correspondence being read at the meetings during public comments. 8. MISCELLANEOUS—ITEMS LEFT OVER: None. 9. REPORTS—TOWN COMMISSION: A) Commissioner Elyse Riesa was disappointed that residents' correspondence would not be read at during the public comments. Happy and Prosperous New Year to all. B) Commissioner George Kelvin wished everyone a Happy & Healthy New Year. Residents contacted him concerning the palm fronds along AIA falling and possibly hitting a resident while walking along the walkway. This matter should be looked into with the FDOT. The Town should revisit the policy of placing a Christmas tree and Menorah on the Town Hall property. C) Commissioner Rhoda Zelniker inquired about the donation which was to go to the American Red Cross. Town Manager Oakes and Town Clerk Gaskins explained the reason for the delay and the process that took place. The check is being processed at this time. Town Commission Regular Minutes Date: January 9,2018 Page 7 of 10 She also inquired about the petitions regarding Milani Park. Manor Feldman explained that the petitions were given to County Commissioner Abrams. D) Vice Mayor William Weitz wished everyone a Happy and Healthy New Year. Best wishes to St. Lucy Church on their 50th Anniversary celebration. The Commissioners received a large packet and update on Milani Park. He apologized to the Commission and the residents for his inappropriate behavior at the November 7th Commission Meeting. E) Mayor Carl Feldman commented on the Employee Holiday Luncheon and the great time had by all who attended. Coffee with the Mayor is on January 17, 2018 at 9:30 AM in the Library. All the Town Department Heads will be attending. The Commissioners need to get approval from the Town Manager to speak with the Town Attorney. Happy & Healthy New Year to all. 10.REPORTS—TOWN ATTORNEY GLEN TORCIVIA: Happy& Healthy New Year everyone. 11.REPORTS—TOWN MANAGER VALERIE OAKES: A. Florida Power&Light Report Public Works Director Soper mentioned that the Town had a joint meeting with Florida Power and Light. He gave a PowerPoint presentation highlighting the following: • Main Feeders • Stats on the Main Feeders • Did the unfinished utility pole hardening project contribute to the outages during IRMA • Post Hurricane IRMA Update: o Tree Trimming Cycle o Tree Trimming on Private Property o Summary • Underground Utilities o Conversion from Overhead to Underground o Conversion...Estimates o Conversion...Costs o Conversion...More Information o In Summary Town Manager Oakes explained that the non-binding estimate to complete the conversion is $10,700,000. Florida Power& Light letter dated January 5, 2018 is attached as Exhibit"A". Town Manager Oakes asked the Commission if they would like to consider this as part of the Strategic Plan as a high priority item. Town Commission Regular Minutes Date: January 9,2018 Page 8 of 10 Vice Mavor Weitz provided comments regarding the data research he obtained regarding the underground utilities. He also commented on the problems the Town has with power shortages. Commissioner Zelniker commented on the underground wiring in other municipalities. There are grants available, and at this point there is not enough information to proceed with such a project. New technology is available and should be looked into. Commissioner Kelvin asked how other municipalities handle the project. Town Manager Oakes has looked into this and explained their process and what would be the best way to pay for the project. Commissioner Riesa would like to know if the current issues can be addressed regarding the power outages Highland Beach has recently experienced before going ahead with this project. A plan should be put in place to research this further. Mayor Feldman mentioned the fact that one of the biggest problems the Town is having is surges. More information is needed before going ahead with this project. Perhaps the Planning Board could look into this subject matter. There should be more presentations from FP&L on the existing issues and how they are solving these problems. B. Strategic Plan Update Town Manager Oakes gave a PowerPoint presentation highlighting the following: • Overview • The Action Plan—Higher Priority Objectives—Action • The Action Plan—Lower Priority Objectives—Action • Completed Objectives Prior to 2017 Town Manager Oakes asked for direction from the Town Commission with the next set of three years of strategic planning. Would the Commission like to task the Planning Board with drafting recommendations for the Town Commission? Mayor Feldman stated that in the past the Planning Board sent out questionnaires to the residents. _Town Manager Oakes suggested the Planning Board hold Town Hall evening meetings. Mayor Feldman suggested holding a meeting in conjunction with Coffee with the Mayor or the Streetscape Project meeting. The Planning Board could come up with a plan based on suggestions from the residents. Commissioner Riesa would like a little more time to think through this and send the Town Manager her suggestions. Town Commission Regular Minutes Date: January 9,2018 Page 9 of 10 Commissioner Kelvin explained that it has to be made easy for people to respond. You could have a self-addressed stamped envelope or stamped postcard to have residents put their comments on and drop it in the mailbox. Commissioner Zelniker explained that the Commission should talk to the Planning Board and get them involved. Vice Mayor Weitz agreed that the Strategic Plan needs to be updated, and the Planning Board could look at the plan and make suggestions. Mayor Feldman would like input from the Town Staff and have them help with the presentations to the Planning Board and make suggestions. There was a consensus of the Commission to task the Planning Board with reviewing the Strategic Plan and for the Plan to be a five(5)year Strategic Plan. 12.PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS: The following residents provided comments: Peter Rodis Carl Gehman John Ross Peggy Gosset-Seidman. Town Commission Regular Minutes Date: January 9,2018 Page 10 of 10 13.ADJOURNMENT: There being no further business,Mayor Feldman called for a motion to adjourn the meeting. MOTION: Vice Mayor Weitz moved to adjourn the meeting at 3:46 PM. The motion was seconded by Commissioner Zelniker.which passed unanimously. APPROVED: ( l C;- , C eldman,Mayor I ,Commissioner Commissioner ATTEST: Gaskins, MMe Date Town Clerk Agenda Rem 11A Town Commission Regular Meeting on January 9,2018 F:PL-. January 5,2018 Ms.Valerie Oakes Town Manager Town of Highland Beach 3614 S.Ocean Blvd. Highland Beach,FL 33487 Re: Town of Highland Beach Electric Facilities Conversion—Ballpark Estimate Entire Town WR tit 8033962 Dear Ms.Valerie Oakes: FPL welcomes the opportunity to assist you in examining the feasibility of converting from overhead electric distribution facilities to an underground system at the following location: Entire Town in Hiahland Beach,Florida. As per your request, the non-binding "ballpark" estimate to complete this conversion is $ 10,700,000. This estimate is provided strictly to assist you in preliminary decision making and it does not include the conversion of the existing streetlght system. It is not an offer from FPL to perform the requested conversion and should not be construed or used as such for detailed planning purposes. This represents an"order of magnitude"figure based on previous FPL experience and reflects the CIRC payment that the Town would ultimately need to make to FPL if the conversion were performed at this point in time utilizing standard underground equipment. It is our experience that conversions in developed areas are the most complex and challenging types of construction. As such, this estimate likely will not precisely represent the Town's ultimate actual cost to convert,but can assist the Town in preliminary decision-making. FPL estimates include only estimated charges to be paid by the Town to FPL. The costs of the following items are not included with the estimate and are the responsibility of the Town/residents. These potential costs should be included in future planning of the project: • Site restoration(sod, landscaping, pavement,sidewalks,etc.) • Rearrangement of customer electric service entrances (requires electrician) from overhead to underground. Also, additional customer expense if local inspecting authorities require customer wiring to be brought to current codes. • Trenching/backfilling for service laterals. • Removal and undergrounding of other utilities(e.g.telecom, CAN,etc.) • Acquiring, describing, securing and recording of easements for underground facilities. In underground systems, major components formerly attached to poles must now occupy"at grade" appurtenances, e.g., ground level pad mounted transformers and switch cabinets. Facilities of an underground distribution system will not be placed in road right-of-way, with the exception of cables required for crossings. (See special note below) Note: Obtaining easements is typically the most difficult aspect of the conversion process; the time required to secure the easements may even exceed the 180 day binding estimate timeframe. FPL strongly suggests that all easements required for the conversion be described and secured prior to requesting the detailed cost estimate. Further, in some instances, the underground distribution system may be placed within the road right-f-way with the proper agreement. In 2007,the Public Service Commission approved FPL's 25°x6 Govemmental Adjustment Factor(GA.F.) waiver for local government sponsored projects. In order to be eligible for the G.A.F.waiver a project must meet a series of criteria(see Attachment). Based on the preliminary informnaation you provided for the proposed conversion area,this request would qualify for the G.A.F.waiver.The G.A.F.waiver amount is not reflected in the amount above. After reviewing the `ballpark" estimate, if you decide to move forward with the conversion project, you may request a detailed and"binding"estimate. Due to the complexity and time required to estimate such a conversion, a non-refundable engineering deposit is required prior to beginning the estimating process, as set forth in the Florida Administrative Code 25-6.115. For this conversion project the amount of the required engineering deposit is $25,783.00. If you decide to proceed with the work contained in the estimate, the amount of this deposit would be applied toward the estimated amount owed to FPL for the conversion.The work must commence within 180 days of the date the binding estimate is provided. The request for the binding estimate must be in writing, and must describe in detail the facilities to be converted. Binding estimates are valid for 180 days, and would be subject to change in the event of a work scope change. Should actual FPL costs exceed the binding estimate amount,the customer may be responslole for those additional costs up to a maximum of 10%of the binding estimate amount. Payment of customer costs, easements (with opinion of title and recorded), agreements from other utilities/pole licensees, and execution of a Conversion Agreement would be required before coininencement of construction. If you have any questions or wish to consider a binding cost estimate, please call me at(561)691-7443. Sincerely, Sophia E. Eccleston External Affairs Manager FPL Attachments Cc: Mr.Tom Allain—FPL Mr. John Lehr—FPL Mr. Roger Mendoza—FPL