Loading...
2018.04.24_TC_Minutes_Workshop 0 TOWN OF HIGHLAND BEACH TOWN COMMISSION WORKSHOP MINUTES Town Hall/Commission Chambers Date: April 24,2018 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach,Florida CALL TO ORDER: Mayor Carl Feldman called the Workshop Meeting to order at 1:30 PM. PRESENT UPON ROLL CALL: Mayor Carl Feldman Vice Mayor Alysen A.Nila Commissioner Rhoda Zelniker Commissioner Elyse Riesa Commissioner Peggy Gossett-Seidman Town Attorney Pamala Ryan Town Manager Valerie Oakes Town Clerk Lanelda Gaskins Pledge of Allegiance: The Pledge of Allegiance was led by the Commission, followed by a moment of silence. Civility Pledge: Town Clerk Gaskins recited the Civility Pledge. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Town Manager Oakes requested that Item 7-A be removed from the agenda. Vice Mayor Nil a requested to add an item regarding Discussion on Potential Projects and Infrastructures related to Florida Department of Transportation and Florida Power and Light. This item was added as Item 81. Town Manager Oakes asked to move Item 3-C before A & B due to FP&L being on a time constraint. The Agenda was accepted as amended. Town Commission Workshop Minutes Date: April 24,2018 Page 2 of 11 2. PUBLIC COMMENTS AND REOUESTS: The following residents provided comments: Barry Donaldson David Axelrod, Chair Planning Board Carl Gehman Maggie Weiner Thomas"Tim"Burnich 3. PRESENTATIONS/PROCLAMATIONS: A) Florida Power and Light Update Presentation Sophia Eccleston, P.H., External Affairs Manager for FP&L Southern Palm Beach County introduced her team members: Robert Weese, Sr. Customer Advisor; Daniel Turbet, Vegetation Manager and David Diaz, Operations Manager for Palm Beach County and Scott Davis, Engineer. Ms. Eccleston gave a PowerPoint presentation on Hurricane Irma as follows: o Restoration work o Flooding and storm surge o Debris and vegetation issues o Draft ordinance implemented by FP&L to be considered when there is a vegetation storm such as Hurricane Irma o Hurricane Wilma vs. Hurricane Irma restoration comparison o Key improvements moving forward David Diaz explained how FP&L is improving the reliability projects in Palm Beach County and how they are being proactive before the start of storm season. Daniel Tubet explained how the FP&L vegetation program proactively trims trees and vegetation from power lines all over the State. He provided comments with regard to the setbacks for trees from the power lines. Residents can go to the website FPL.com/trees which is a great resource. Commission Discussion: Commissioner Gossett-Seidman provided comments with regard to the side streets in Highland Beach and the amount of customers. She also commented on a problem relating to a tree that was not handled properly when being taken down. Commissioner Riesa asked what the Town should do to request FP&L trim the vegetation more often than every three and six years. Mr. Turbet explained their plan maintenance on the main lines and the mid-cycle trim done every year. Town Commission Workshop Minutes Date: April 24,2018 Page 3 of 11 Commissioner Zelniker asked who is responsible to call FP&L if there is an issue with the palm trees on the east side of AIA. Mr.Turbet explained it is the responsibility of the owner. Vice Mayor Nila questioned the reason why the south end of Town was out of power for such a long period of time. Mr. Davis explained the reason was due to downed wires and poles from the vegetation. Vice Mayor Nila inquired about the governmental portal. Ms. Eccleston gave an explanation and indicated that she is the point of contact if there are any concerns. Vice Mayor Nila questioned the timeframe for the old poles to be removed. Ms. Eccleston explained that they are working with AT&T, and they have to remove their facilities before FP&L can remove those poles. Mayor Feldman asked if the new poles will help reduce the outages. Ms. Eccleston answered they will be a big help and reduces their restoration time. B) Financial Advisory Board Annual Audit Report Comments Finance Director Cale Curtis presented this item. Vice Mayor Nila inquired about the draft report being presented to the Commission for review. Finance Director Curtis explained it can be done, but it will not mean much without the FRS information. Commissioner Riesa commended the Financial Advisory Board on their professionalism and their input. C) Comprehensive Annual Financial Report for Fiscal Year ending September 2017 By: Gran & Associates Rachel McIntosh presented the report and highlighted the following: o Independent Auditor's Report o Page 9—Statement of Net Position o Page 11 —Balance Sheet—Governmental Funds o Page 13 —Statement of Revenues,Expenditures, and Changes in Fund Balances o Page 15 —Statement of Net Position—Proprietary Funds o Page 16 — Statement of Revenues, Expenses, and Changes to Fund Net Position — Proprietary Funds o Page 36—Notes to Financial Statements—Long Term Liabilities o Page 47—Notes to Financial Statements—Florida Retirement System o Page 50—Notes to Financial Statements—Health Insurance o Pages 58 & 59—Budget and Actual Report—General Fund o Page 88—Internal Control Over Financial Reporting on Compliance Report o Page 90 & 91 —Compliance for Each Major State Project o Page 92—Schedule of Expenditures of State Financial Assistance o Page 95 — Town's Compliance with the Requirements of Section 218-415 Florida Statutes o Page 97—Report to Management Town Commission Workshop Minutes Date: April 24,2018 Page 4 of 11 Commission Discussion: Mayor Feldman inquired about the funding for the FRS. Ms. McIntosh explained that the Town is responsible for the retirement. Mayor Feldman inquired about the balance that has not yet been spent from the $3.5 million for the water main project. Ms. McIntosh indicated that it is in the Water Fund. 4. BOARDS AND COMMITTEES: Town Clerk Gaskins read Board and Committees Items 4A through 4D into the record A) Board Action Report: None. B) Board Vacancies/Interviews: Board of Adjustment and Appeals—One(1) Vacancy for a Full Three Year Tem Talent Bank Applicant: Bonnie Pikkel, 3740 South Ocean Boulevard Bonnie Pikkel was present at the meeting and provided a brief history of her professional work experience. It was the consensus of the Commission to place this item on the May 1, 2018, Regular Meeting Consent Agenda. Financial Advisory Board — Three (3) Vacancies: Two (2) Full Terms and one (1) Unexpired Term Ending November 2020 Talent Bank Applicants: Neil Eisenband, 1106 Russell Drive Robert Levin, 3606 South Ocean Boulevard#2-702 Alan J. Polin, 3912 South Ocean Boulevard, Unit 214 Town Clerk Gaskins explained that Mr. Levin withdrew his application from the Financial Advisory Board. Neil Eisenband was present at the meeting. He provided a brief history of his professional work experiences. It was the consensus of the Commission to place this item on the May 1, 2018, Regular Meeting Consent Agenda. Alan J. Polin was unable to attend the meeting today and is out of the country for 21 days. He expressed his interest in serving on the Financial Advisory Board. It was the consensus of the Commission to place this item on a future Commission Agenda. Town Commission Workshop Minutes Date: April 24,2018 Page 5 of 11 Planning Board—One (1)Vacancy for a Full Three Year Term Talent Bank Applicants: Barry Donaldson, 3700 South Ocean Boulevard#1608 Barry Donaldson was present and gave a brief history of his professional work experiences. It was the consensus of the Commission to place this item on the May 1, 2018, Regular Meeting Consent Agenda. Peter Rodis, 3224 South Ocean Boulevard#216B Peter Rodis was present and gave a brief history of his professional work experience. Discussion ensued and the Commission thanked Mr. Rodis for his service to the Town. C) Monthly Meetings and Events: Town Commission Regular Meeting—May 1, 2018— 1:30 PM Town Hall Closed: o May 28, 2018—Memorial Day Town Commission Workshop Meeting—May 29, 2018— 1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 18-004 O Town Clerk Gaskins read the title of Ordinance No. 18-004 O into the record. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION", BY ENACTING A NEW ARTICLE V "BOARDS AND COMMITTEES", AMENDING AND RENUMBERING ARTICLE V "CODE ENFORCEMENT BOARD", BY CREATING A NATURAL RESOURCES PRESERVATION ADVISORY BOARD; BY CREATING A FINANCIAL ADVISORY BOARD; BY AMENDING CHAPTER 20 "PLANNING AND DEVELOPMENT BY DELETING ARTICLE H "PLANNING BOARD" AND ARTICLE III "BOARD OF ADJUSTMENT AND APPEALS; ADMINISTRATION" IN ORDER TO MODIFY AND CLARIFY THE REGULATIONS RELATED TO THE VARIOUS TOWN BOARDS; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Attorney yan presented this item. She mentioned there is a correction in the title. The word"Deleting"before Article II should read"Amending". Town Commission Workshop Minutes Date: April 24,2018 Page 6 of 11 Commission Discussion: Commissioner Gossett-Seidman voiced her concern with regard to not providing compensation to the board members and asked if the Commission would reconsider. Town Attorney Ryan explained that the issue of the compensation is addressed in a separate resolution and they did not take compensation out in this ordinance. This ordinance does not provide extra compensation for attending the Commission meetings. Commissioner Gossett- Seidman was referring to the extra compensation. Commissioner Riesa does not have a problem either way. She will go along with the Commission's decision. Commissioner Zelniker was not in favor of board members receiving compensation. Vice Mayor Nil a agreed that the board members should not receive additional compensation for attending a Commission meeting. Mayor Feldman was not in favor of this ordinance. He does not feel an advisory board member should be required to attend a Commission meeting if there is nothing on the agenda that pertains to that board. Town Clerk Gaskins read an email dated April 9th from David Axelrod, Chair of the Planning Board with regard to the mandatory attendance of a board member to attend a meeting and receive a stipend into the record. Commissioner Riesa read her response to David Axelrod dated April 9th into the record. This ordinance is a work in progress and if anything needs to be changed we will do so. Discussion ensued regarding the contents of this ordinance and the establishment of the Natural Resource Preservation Board. Town Attorney yan read the duties of the Natural Resource Preservation Board for clarification and explained the reason for incorporating all the boards into this ordinance. It was the consensus of the Commission to place Ordinance No. 18-004 O on the May 1, 2018, Regular Meeting Agenda for a first reading. 6. NEW BUSINESS: Town Clerk Gaskins read Item 6A into the record. Town Commission Workshop Minutes Date: April 24,2018 Page 7 of 11 A) Approval of Town Commission Meeting Minutes: March 22, 2018—Special Minutes March 27, 2018—Workshop Minutes April 3, 2018—Regular Minutes It was the consensus of the Commission to place Item 6A on the May 1, 2018, Regular Meeting Consent Agenda. Town Clerk Gaskins read Item 6B into the record. B) Discussion Regarding the First Amendment to the Town Attorney Agreement for Legal Services Town Attorney Ryan introduced this item. Commissioner Riesa asked the Town Attorney to read the letter sent to the Commissioners from Glen Torcivia into the record. She also requested that letter be sent to all recipients of the letter that Mayor Feldman sent out on April 18th. Town Attorney Ryan read the letter. Discussion ensued regarding Pamala Ryan's appointment as Town Attorney. Vice Mayor Nila provided comments regarding the attorney's fees. She suggested doing a retainer versus per hour. Town Attorney Eyan explained that under the terms of the contract,the parties are able to negotiate. It was the consensus of the Commission to place this item on the May 1, 2018, Regular Meeting Consent Agenda. Town Clerk Gaskins read Item 6C into the record. C) Discussion on Impact Fees—Vice Mayor Nila Vice Mayor Nila presented this item and provided history regarding how this item came about. She referred to the City of Boca Raton's impact fees on residential property, tear-downs or additions. She suggested the Town emulate Boca Raton. Commissioner Zelniker provided comments with regard to additional permit fees. The Town should be collecting fees in addition to the permit fees. She suggested Vice Mayor Nila provide the information to the Town Manager and have this discussion put on the May 1, 2018, Regular Meeting Agenda under Miscellaneous—Items Left Over. Vice Mayor Nila referred to the 2017 Florida Statutes regarding building and permit fees. Town Commission Workshop Minutes Date: April 24,2018 Page 8 of 11 Commissioner Riesa inquired if impact fees can be used for beach restoration or does it have to be used only for the purchase of green space. Finance Director Curtis explained the Town's impact fees. Commissioner Riesa suggested raising permit fees. It was the consensus of the Commission to place Item 6C on the May 1, 2018, Regular Meeting Agenda under Miscellaneous—Items Left Over. D) Discussion on SAFEbuilt Florida, LLC Professional Service — Vice Mayor Nila (This item was formerly Item 6E) Town Manager Oakes presented this item. Vice Mayor Nila referred to the recent resignation of Building Official Valentino Perez and suggested giving SAFEbuilt a 90 day notice at the end of their contract to cease and go back to an in-house Building Department. She is not in favor of the single layer hiring process and feels that each Commissioner needs to be involved individually with the hiring of the Building Official. Mayor Feldman explained that there is a 90 day clause in the contract. Commissioner Gosset-Seidman is in favor of this and supports an in-house Building Official. Commissioner Riesa referred to the SAFEbuilt Florida, LLC contract that was brought up for renewal in July of 2017 and does not feel they have lived up to their expectations. From a legal and financial respective, this Town has not received what they are paying for. She explained this is a breach of contract and would like the Town Manager to look into obtaining the funds back from SAFEbuilt, LLC and terminating the contract. Commissioner Zelniker agreed with Vice Mayor Nila and provided comments regarding the cost of SAFEbuilt, LLC and the monies that would potentially be needed for in-house employees. Mayor Feldman inquired about the payback the Town should be getting from SAFEbuilt, LLC. Town Attorney Ryan encouraged the Town to allow her and the Town Manager to negotiate with SAFEbuilt. Vice Mayor Nila asked that a 90 day notice be given to SAFEbuilt, LLC to terminate the contract. It was the consensus of the Commission to place this item on the May 1, 2018, Regular Meeting Consent Agenda. It was the consensus of the Commission to place the Interview Process for the new Building Official on the May 1, 2018, Regular Meeting Agenda under Miscellaneous—Items Left Over. Town Commission Workshop Minutes Date: April 24,2018 Page 9 of 11 E) Discussion Regarding Creating a Full-time Environmental Liaison Position — Commissioner Riesa Mayor Feldman left the dais at 4:49 PM. The gravel was passed to Vice Mayor Nila. Commissioner Riesa provided comments with regard to the establishment of the Natural Resource Protection Advisory Board. She was in favor of hiring a full-time environmental specialist to assist the Town with all issues concerning the beaches and do the research for obtaining grants for beach restoration. She referred to the 2013 Feasibility Study Report that evaluated options for protecting the beach within the Town. Commission Discussion: Commissioner Gossett-Seidman provided comments with regard to a grant received by Jupiter Island from FEMA for beach re-nourishment. Finance Director Curtis explained they received FEMA funding because they have an artificial designed beach that was built with public funds. The Town of Highland Beach does not fit into any of the criteria for FEMA funding. He is working with FEMA in trying to obtain assistance from them. Discussion ensued regarding the beach issue as well as the mangroves. Commissioner Riesa is in the process of working with consultants and will bring back the information to the Commission. It was the consensus of the Commission to place this item to hire a full-time Environmental Liaison Consultant on the May 1, 2018,Regular Meeting Consent Agenda. F) Discussion on Meeting Communications—Vice Mayor Nila Vice Mayor Nila introduced this item. Many residents who are not available to attend the Commission meetings have requested some form of communication such as calling in or video conferencing in order to be able to provide their comments at these meetings. Vice Mayor Nila explained that she has been in contact with the Town's IT person, Mark Rutledge, who informed her that many municipalities have these capabilities. He recommended a Go To Meeting. A server is needed for the Go To Meeting and there is a monthly fee. Commissioner Riesa asked that the cost be given to the Commission at the next meeting. It was the consensus of the Commission to place this item on the May 1, 2018, Regular Meeting Consent Agenda. Commissioner Zelniker requested an item be put on the May 1, 2018, Regular Meeting Agenda to discuss communication mailings to residents. G) Authorization to Award a Contract to M&M Asphalt Maintenance, Inc. for Milling and Overlay of the Town of Highland Beach Municipal Complex (This item was formerly 611). Town Commission Workshop Minutes Date: April 24,2018 Page 10 of 11 Town Manager Oakes presented this item. Public Works Director Soper highly recommends awarding this contract to M&M Asphalt Maintenance, Inc. It was the consensus of the Commission to place this item on the May 1, 2018, Regular Meeting Consent Agenda. IT) Discussion on the Code Enforcement Board Application Process It was the consensus of the Commission to place this item on the May 1, 2018, Regular Meeting Agenda under Miscellaneous—Items Left Over. I) Discussion Regarding Infrastructure Projects—FDOT AND FP&L—Vice Mayor Nila It was the consensus of the Commission to place this item on the May 1, 2018, Regular Meeting Agenda under Miscellaneous—Items Left Over. 7. MISCELLANEOUS—ITEMS LEFT OVER: A) Discussion on Walk Path Overlay Project. (This item was removed from the Agenda). 8. REPORTS—TOWN COMMISSION: There were no reports from the Commissioners. A) Commissioner Peggy Gossett-Seidman B) Commissioner Elyse Riesa C) Commissioner Rhoda Zelniker D) Vice Mayor Alysen A. Nila E) Mayor Carl Feldman 9. REPORTS—TOWN ATTORNEY PAMALA RYAN: There was no report from Town Attorney Ryan. 10. REPORTS—TOWN MANAGER VALERIE OAKES: There was no report from Town Manager Oakes. Town Commission Workshop Minutes Date: April 24,2018 Page 11 of 11 11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: Rich Pollack of the Coastal Star asked a question regarding the Sunshine Law and responding to an email. Town Attorney Ryan explained the process. He asked for a copy of Commissioner Riesa's email response to David Axelrod and wanted to confirm it was a public record. 12.ADJOURNMENT: There being no further business Vice Mayor Nila adjourned the Workshop meeting at 5:16 PM. APPROVED: bad+eldm�ian, dyor Com ssi ' 1-"nf issi ier ATTEST: Jc (:::;a�ne da Gaskins, M C Date