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2018.12.18_TC_Minutes_Special�� r�1tGHLq�O `k ..........:.. HIGHLANDTOWN OF BEACI TOWN COMMISSION SPECIAL MEETING Town Hall / Commission Chambers Date: December 18, 2018 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach; Florida CALL TO ORDER: Vice Mayor Nila called the Special Meeting to order at 1:30 PM. PRESENT UPON ROLL CALL: Vice Mayor Alysen A. Nila Commissioner Rhoda Zelniker Commissioner Elyse Riesa Commissioner Peggy Gossett -Seidman Town Attorney Pamala Ryan Town Manager Marshall Labadie Town Clerk Lanelda Gaskins MEMBER ABSENT: Mayor Carl Feldman Pledge of Allegiance: The Commission led the Pledge of Allegiance, followed by a moment of silence. Vice Mayor Nila commented on the decorum at the Commission meetings for both the public and the Commission. She mentioned we need to be respectful, not interrupt each other and no side conversations. It is important that the public stick to the agenda items only and the time limits. 1. PUBLIC COMMENTS (LIMITED TO SPECIAL MEETING ONLY: 3 MINUTES): Evalyn David commented on the restrictions on construction mentioning that this could possibly increase the cost of the construction and the delay in completing the project. David Axelrod, Chairperson of the Planning Board spoke about underground wiring. He explained when it was presented to the Planning Board he was not in favor. After listening to Town Commission Special Minutes Date: December 18, 2018 Page 2 of 12 Dr. Delaney's presentation and understanding that the cost will be spread out over a 30 -year period, he is now leaning towards this proposal. He referred to the referendum and the number of residents registered to vote and suggested all residents be allowed to vote on this referendum. He was not in favor of the Town paying for a new sign for the Delray Sands Resort. Christine Viegas provided comments about the December 5th Public Design Workshop Meeting and the concerns of the residents which were addressed at that time. The underground wiring and the signage were not of great importance. She suggested the referendum be broken down in order of priorities. John Ross explained that he was not in favor of this referendum explaining that there would be a great deal of disruption in the Town with respect to the sidewalks and streets being ripped up for a long period of time, as well as the increase in ' taxes. He was in favor of the storm water improvements but commented on the fact that this referendum does not address the beaches, dunes, mangroves and seawalls to protect the Intracoastal Waterway from overflowing into the abutting properties. Tim Burnich, member of the Code Enforcement Board concurred with John Ross's comments. Barry Donaldson, member of Planning Board explained that these issues have been around for many years, and it is time to address them and not evade them. This is a well -crafted project with solid numbers that is affordable to this population. He referred to the Public Design Workshop Meeting and the comments and concerns made by the residents. The Treasure Coast Regional Planning Committee has taken these comments and concerns into consideration in preparing the Complete Streets Master Plan as well as a fiscally responsible not to exceed a $45 million referendum cost. It is set at a level that ensures residents of our Town that the vision can be achieved in its entirety without the need of additional money. The information is available to all residents. He is in favor of linking the two projects. Paul Resnick, member of Code Enforcement Board explained that the State of Florida has a 75 - foot easement on either side of the centerline on the road. He referred to the Boca Raton Bicycle Club's lawsuit with the State of Florida when they repaved AIA for not putting in bike lanes, which they won. If and when the road gets repaved, they are required by law to widen the road and put in five-foot bike lanes on either side of the road. Ron Reame mentioned he was in favor of beautifying the Town but was not in favor of this project. Diane Barron stated she attended the Design Workshop Meeting, which was supposed to be an information gathering for the residents' input. The residents questioned the cost involved and were told it was not yet determined. She questioned how this amount was determined in such a short period of time and why it was not shared with the residents before this meeting. Doug Hillman spoke about the storm water improvement for $16,550.00 and the proposal for the baffle boxes. He provided comments regarding the homes on the east side of AIA in the earlier Town Commission Special Minutes Date: December 18, 2018 Page 3 of 12 years and the new construction going on today, which has taken away the swales causing the flooding. One resident on the east side has put in swales in front of his home to avoid flooding. He asked if the Town has investigated putting in swales, which would be an alternative to baffle boxes at this large expense. During high tide the baffle boxes do not work. Ronald Barron commented on not knowing what the cost of Complete Streets project would be ahead of this meeting. Diane Matthewman noted that the Town needs to be made beautiful. Vice Mayor Nila announced that prior to the discussion on the Proposed Resolution / Referendum Language, Dr. Kim Delaney will be making a presentation. Dr. Kim Delaney, Treasure Coast Regional Planning Council gave a PowerPoint presentation on the Complete Streets Master Plan and highlighted the following: • Florida Department of Transportation (FDOT) will resurface and rehabilitate AIA in a 4 -5 - year timeframe, which is a State requirement. • FDOT must address some of the drainage problems. • The road is deficient with respect to bicycle and pedestrian facilities. • Workshop summary on concerns that were addressed by the residents at the Design Workshop Meeting. Joe Capra, Captec Engineering Inc. also gave a PowerPoint presentation on the Complete Streets Master Plan and highlighted the following specific to the Stormwater Treatment and Management: • Components of Stormwater Management — Storage/Treatment; Discharge, Tidal Impacts. • Regulations — SFWMD/FDEP Criteria; FDOT Criteria and Highland Beach Criteria. • Highland Beach Current SR AIA Stormwater Conditions. • General Criteria - Stormwater Standards in South Florida; Water Quality Criteria; Flood Protection. • Factors Effecting Stormwater Design • Treatment Train Pipe Outfall. • Conceptual Outfall Locations. Dr. Delaney continued with her presentation highlighting the following: • Number one concern of the residents is storm water. • Stormwater is the driver for the other types of improvements that follow. • Replace Ocean Walk with a pervious concrete surface that would give the Town additional stormwater storage as well as additional treatment. • AIA /Ocean .Boulevard Design Concepts: Existing Conditions; "Light Touch" Alternative; Grand Scale Alternative. • Beautification and Pathway Detail. Town Commission Special Minutes Date: December 18, 2018 Page 4 of 12 • Gateway Signage Concepts. • Pocket Park Concepts — Town Hall Details. • Pocket Park Concepts — Mangrove Park. • Pocket Park Concepts - Church "Rain Garden". • Overall Exhibit. • Proposed Roadway Section with Multi -Modal Path & Exfiltration. • Proposed Turn Lane (East) Roadway Section with Multi -Modal Path & Exfiltration. • Proposed Turn Lane (West) Roadway Section with Multi -Modal Path Exfiltration. • Total Improvement Cost; Engineer's Probable Cost (December 13, 2018) o Highland Beach Stormwater Improvements: $16,550,000.00 o Highland Beach Ocean Walk: $11,250,000.00 o Highland Beach Utility Undergrounding: $17,200,000.00 o Grand Total: $45,000,000.00 • Preliminary Grant Funding Opportunities. Commission Discussion: Commissioner Zelniker asked for clarification regarding the once in 20 -year opportunity. Dr. Delaney explained that FDOT has a schedule where they resurface roadways about every 20 years. FDOT is now developing a scope and a budget to program the resurfacing of the road in a four to five-year timeframe. They will not come back to resurface the road for twenty years. If the Town wants to have FDOT do something other than the normal paving of the road, now is the time to do so. FDOT will match dollars from the Town for certain improvements like safety enhancements. If the Town wants to handle stormwater at the same time, that is the time to handle it so the road will not have to be cut up again. Commissioner Riesa mentioned that she did not receive any cost estimates until Tuesday of this week. She asked for clarification regarding Highland Beach being at a lower elevation than Boca Raton and Delray Beach and if they use baffle boxes. She asked if the Town could raise their elevation as part of the plan. Mr. Capra explained that it could be done but it would not resolve the high tides and king tides as expected. Commissioner Riesa asked if the new system is put in, what percent difference would there be in flooding versus where we are today. Mr. Capra replied that it would be at 100 percent explaining the stormwater components. He explained that there needs to be communication with each property owner that they would impact. Commissioner Riesa provided comments regarding Milani Park and the fact that the Town does not want it to be a park. It is owned by the County and not the Town. Dr. Delaney suggested that having a better control over stormwater gives the community more leverage to negotiate with the County when the time comes. Commissioner Riesa provided comments regarding the three proposals that will be presented to the Town by Dr. Delaney on January 9, 2019: A proposal that FDOT would do for us and a little of what we would do on our own; the second proposal would be a moderate proposal taking out some things such as monuments, Milani Park and areas that may be too absorbent; the third proposal would be what is presented today. She asked if the referendum language can be changed once the residents hear the three Town Commission Special Minutes Date: December 18, 2018 Page 5 of 12 proposals. Town Attorney Ryan explained that the final referendum language must be in t he Supervisor of Elections Office by January 11, 2019 at noon. Commissioner Riesa asked if the meeting could be held before January 9th so the residents can have further input. Town Manager Labadie addressed the three (3) questions on the ballot referendum and the cost not to exceed $45 million. He explained that just because the ballot questions have a not to exceed amount, it does not lock you into spending the not to exceed amount. As the Complete Street process continues and we look at refining these corridor improvements, there is nothing that obligates us to spend all the way up to the cap of the referendum. We could downsize projects but we could not go over. What the bond referendum language does is it sets a cap. As we go forward through this process, we can refine the Ocean Walk component down to match what it is exactly that we decide as a community that is the right feel for us. Commissioner Riesa clarified that even though the language is being set to put on this referendum, it is not necessarily, what we are going to spend. We are going to do our due - diligence to be sure we hear from the Planning Board again and all the residents and we understand what it is the resident's desire to the best of our abilities. It has been pointed out that the number, when you dissect it over 30 years in a bond and what the millage rate might be, may surprise you in terms of what it might actually cost each and every one of us over time. We still have to work with everyone to get to where that number should be. 2. PROPOSED RESOLUTION / REFERENDUM LANGUAGE: Town Clerk Gaskins read the Proposed Resolution title into the record. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CALLING A BOND REFERENDUM ELECTION OF THE QUALIFIED ELECTORS OF THE TOWN TO BE HELD ON MARCH 129 2019, FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS TO FINANCE ALL OR A PORTION OF THE CQUIWATER DESIGN, CONSTRUCTION, AND EQUIPPING OF S IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $16,55090009 THE OCEAN WALK MULTIUSE CORRIDOR IN AN AMOUNT NOT TO EXCEED $11925090009 AND UNDERGROUNDING UTILITIES IN AN AMOUNT NOT TO EXCEED $17920090009 EACH AS DESCRIBED HEREIN, FOR AN AGGREGATE AMOUNT NOT TO EXCEED $45,00090009 AND TO BE PAYABLE FROM THE FULL FAITH, CREDIT, AND TAXING POWER OF THE TOWN, TOGETHER WITH ANY OTHER LEGALLY AVAILABLE FUNDS; PROVIDING FOR OFFICIAL BALLOTS; PROVIDING FOR BOND REFERENDUM PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie presented this item. He explained that there are three (3) questions before the Commission today for discussion. The not to exceed amount does not take into account contributions from other agencies and grants. We cannot presume any of those facts, have to be very conservative and base it on an all- encompassing conservative estimate. There is also an alternate to link two of the questions. The reason for the link is if it necessary to invest in Town Commission Special Minutes Date: December 18, 2018 Page 6 of 12 the Ocean Walk if the stormwater question does not get approved. The success of one is contingent on the success of the other. It is mostly for the Ocean Walk. The stormwater can stand-alone and the undergrounding can stand-alone. The Ocean Walk would be linked to the stormwater because if the flooding was not fixed, what would be the purpose of spending millions of dollars on corridor improvements that would be under water potentially flooded. He addressed the concerns regarding costs. He explained a 20 -year financing option and a 30 -year financing option. The Finance Director amortized what the cost would be and broke it down by taxable value, which is the assess minus your exemptions. It was done on an annualized basis and a monthly basis. It shows that if you approve each one individually or collectively, what this means to you on an annual basis and/or a monthly basis depending on how you analyze your finances on a year-to-year basis. The Town is driven by a date from FDOT that says by March we have to make a financial commitment to them through a resolution of the Commission that we are going to be able to put the monies forward to do these types of construction projects, from the stormwater to the Ocean Walk to the mini parks to the monument signs, to the crosswalks. Action on the bond referendum language today and then on the ballot on March 12th does not mean we have to move forward at any point in time. This Commission, even with the bond resolution approved, cannot move forward with this project. The Commission still has many points of contact with this project as we move forward over a five-year time line. There is a project approach that Mr. Capra put together that indicates how we are going to tackle this project; the sequence, the order, how we hit to design and then how we go to finance each and every one of those pieces over the two potential options. If all of it gets approved, I would recommend a 30 -year window. Today's action brings us to the bond referendum question. Do the projects get presented as stand-alone unlinked projects, or is there a desire of the Commission to link Ocean Walk to the stormwater? Vice Mayor Nila reinforced that the purpose and focus of this special meeting is to finalize the referendum language. We have to make sure that the language is done and again it is a not to exceed number. It does not mean we have to spend that amount, but we have to have that number on the referendum. We have to discuss and decide on the linking. Are we going to link the stormwater and the Ocean Walk together? Commission Discussion: Commissioner Gossett -Seidman commented on the fact that the Commission did not have any figures until this week. The Commission is looking into this at the request of many hundreds of residents who were concerned about flooding, lack of code enforcement and lack of oversight on building and running driveways and landscaping all over into the FDOT swale areas. The Town is overbuilt and because it is overbuilt, here we are. When I saw the figures, I said "what?" We do have wonderful professionals looking into all of this and I feel they have done their due - diligence. I would like Highland Beach to look beautiful, natural and safe. People are wondering about their taxes. The figure is shocking but we have to break it down. We want safe crosswalk areas and safe roads. We have to work together. People need to come to Planning Board meetings and our Ocean Walk meetings. We have to fix the flooding, repair the street and the bike lane. We are waiting for the residents to tell us what they want. Everyone's voice needs Town Commission Special Minutes Date: December 18, 2018 Page 7 of 12 to be heard. She provided comments regarding working with FDOT to get this done. Her opinion on the linkage is three separate issues. Commissioner Zelniker commented on the fact that this is not a Commission issue. We are giving it to the public. She has full confidence in the residents. It is important that the Commission market this with facts. Let the people decide. They need to vote. This is a 20 -year opportunity and the future of Highland Beach. Many things have been neglected over the years. Many communities have underground wiring, and it is up to the residents to vote yes if they want it. This Commission represents all the residents; people who do not vote and people who do vote. The Ocean Walk and More projects and initiatives will result in keeping our property values high, our reserves and operating funds strong. It will keep our community a safe and wonderful place to live. She spoke with the Finance Director who explained to her that they are not going into the reserves. We are a very solvent town. She asked that everyone come to the January 9, 2019 workshop in the Library at 6:00 PM for their feedback. She is in favor of linking. the Ocean Walk and stormwater together. Vice Mayor Nila asked Commissioner Riesa for her decision on the linkage. Commissioner Riesa provided comments on how responsible the Commission was during the budget process. She concurred with Commissioner Zelniker. This is not the vote of the Commission. It is the vote of the residents.. She requested having a meeting prior to January 9th for the residents to have a better understanding of the project. Vice Mayor Nila explained there is no need for another meeting because setting a maximum is needed for the referendum. On January 9th is when we are going to go over the different options Dr. Delaney is going to present. Town Manager Labadie agreed there is no need for another meeting. Commissioner. Riesa was in favor of no linkage. Vice Mayor Nila commented on the fact that this is not about her vote. It is about presenting to the Town what the residents have been asking for since day one. They had been consistently asking her what is she going to do about the flooding, about no crosswalks, about the sidewalks and the bike paths. She informed the residents that this is the chance at the voting booth to do something about the future of Highland Beach. It would be another 20 years before anything could be done again. She provided comments regarding the $45 million referendum money and the estimated cost of $48.00 to each resident over a period of 30 years. Highland Beach is on a barrier island and the flooding is a major problem, which needs to be taken care of. The building codes also need to be addressed and adapted to what is going on in our environment. She was in favor of linking the Ocean Walk with the stormwater; otherwise, it would be a waste of money to do Ocean Walk and not fix the flooding. Commissioner Riesa asked for clarification regarding linking and not linking. Could the Ocean Walk be voted on by itself? Dr. Delaney replied that it would not be economically sound to do the Ocean Walk without the stormwater. Stormwater could happen on its own and you can do nothing else, and you will have a net benefit.. For the Ocean Walk Project, we only recommend you pursue any portion of the Ocean Walk with the stormwater being treated. It is important that they be linked together. The stormwater stands on its own as .well as the underground wiring. Town Commission Special Minutes Date: December 18, 2018 8of12 MOTION: Commissioner Zelniker moved to link the Ocean Walk and the storm drainage together as one referendum and keep the underground wiring as a separate referendum. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Gossett -Seidman - Yes Commissioner Riesa - Yes Vice Mayor Nita - Yes Motion passed on a 4 to 0 vote. 3. APPROVE THE PURCHASE OF A PUMP FOR LIFT STATION ONE FROM XYLEM WATER SOLUTIONS USA, INC. (A SOLE SOURCE VENDOR) IN AN AMOUNT OF $49,020.00. Town Clerk Gaskins read the title into the record. Town Manager Labadie presented this item and explained that this was a budgeted item. Vice Mayor Nita commented on Pump Stations two (2) and three (3), which are below grade and need to be lifted. She asked that there be adequate resources for these two (2) stations in the next budget. Town Manager Labadie explained that during the capital budgeting process they would evaluate those options and place them in the capital project schedule. MOTION: Commissioner Riesa moved to approve the purchase of a pump for lift station one. Commissioner Zelniker seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Vice Mayor Nita - Yes Commissioner Gossett -Seidman was away from the dais. Motion passed on a 3 to 0 vote. Town Commission Special Minutes Date: December 18, 2018 9of12 4. DISCUSSION ON ADDING PUBLIC COMMENTS TO THE BEGINNING OF THE COMMISSION MEETINGS. Town Clerk Gaskins read the title into the record. Town Manager Labadie presented this item. He explained that he looked into how the original motion was made and if a resolution was passed to remove the public comments from the beginning of the meeting. It was not done by resolution but by the majority action of the Commission to remove it. Commission Discussion: Commissioner Gossett -Seidman was in favor of adding public comments to the beginning of the meeting. Commissioner Riesa commented on the reason for the change in removing the public comments from the beginning of the meeting. She would be in favor of moving the public comments back to the beginning of the meeting with the stipulation that there be civility and comments regarding the business of the Town only. Commissioner Zelniker asked that decorum be observed throughout resident's comments. She was in favor of adding the public comments to the beginning of the meeting. Vice Mayor Nila read a portion of the rules of decorum from the City of St. Augustine into the record. There are ordinances in place in other municipalities. This would make the meetings more productive and efficient. She recommended doing this on a 60 -day trial basis and there be some form of public decorum on the books. MOTION: Commissioner Zelniker moved to reinstate the resident comments for three (3) minutes on any topic to the beginning of the meetings as well as keeping the comments at the end of the meeting for three (3) minutes on agenda items only. The new policy would be on a trial basis starting Tuesday, January 8, 2019 and ending Tuesday, March 5., 2019. If our rules of decorum are followed during this period, the Commission will pass a resolution similar to the City of St. Augustine providing for rules of decorum for hearings and meetings of the City Commission and its appointed boards and committees. Commissioner Gossett -Seidman seconded the motion. Commission Discussion: Commissioner Riesa mentioned that the Attorney created rules of conduct and decorum and asked that it be incorporated for this Commission and all future Commissions and that the Commission has the right of Point of Order if the person managing the meeting does not stop poor decorum. Town Commission Special Minutes Date: December 18, 2018 Page 10 of 12 Vice Mayor Nila was in favor of the motion having the public comments at the beginning of the meeting. The other documents are a separate issue and should be discussed after the trial period as to what needs to be included in the resolution. UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Gossett -Seidman - Yes Commissioner Riesa - Yes Vice Mayor Nila - Yes Motion passed on a 4 to 0 vote. 5. DISCUSSION ON PARKING CODES. — COMMISSIONER GOSSETT-SEIDMAN. Town Clerk Gaskins read the title into the record. Commissioner Gossett -Seidman presented this item. She mentioned that there are 52 parking codes. One is a State code that states there is no parking on any street, any thoroughfare at any time, ever. The Town Manager and Police Chief are working on drafting new codes. She provided input from residents; particularly on the side streets and read several of the codes into the record. The following are the five (5) codes that are not clear to the residents and need to be addressed: • No overnight parking. • No parking by non-residents on the side streets and going to the beach. • No parking on the grass. • In the Bel Lido community, if there is a funeral, party or event, advise the Police Department. • Can residents park their lawn service trucks, pool service trucks and guests park on the street for a limited time in Bel Lido. She read an email from a resident regarding "no parking" signs on Bel Air Drive. Commissioner Zelniker asked that the Town Attorney Ryan to look into these issues and make it clear to the residents. Commissioner Riesa mentioned cars parked in the right-of-way and suggested code enforcement be more involved with these issues. Parking on the grass also needs to be enforced. She asked that the Town Manager meet with the Code Enforcement Officer to investigate cars parked in the right-of-way and on the side streets. Town Commission Special Minutes Date: December 18, 2018 Page 11 of 12 Vice Mayor Nila concurred with Commissioner Gossett-Seidman's request to look at the parking codes. 6. DISCUSSION ON ORDINANCE NO. 18-007 O REGARDING NEW CONSTRUCTION SATURDAY RESTRICTIONS — COMMISSIONER RIESA Town Clerk Gaskins read the title into the record. Commissioner Riesa introduced this item. She read the portion of the ordinance that deals with construction on Saturdays. This ordinance was put in place for builders and developers who were demolishing homes and constructing very large homes, so there would be no work done on Saturdays for the peace and safety of the residents. She suggested that the ordinance be changed so that the Building Handbook says that Saturday construction shall be allowed by the homeowner when making repairs or renovations, so long as the project construction cost is less than fifty (50) percent of the total market value of the existing building. This resolution would not change any HOA or covenant that currently does not allow construction for repairs or renovation. It also allows for HOAs and condos that allow repairs to be done if it is not in their by-laws. By leaving the ordinance as written, you are caring only for single-family residents. All residents must be treated fairly. She asked to remove the words "single family resident as owner builder". Commission Discussion: Commissioner Gossett -Seidman mentioned that she was not in full agreement with the fifty (50) percent. She would be interested in looking further into this issue. There is a mix of homes, condominiums and townhomes in Highland Beach and the codes have to reflect that. The codes have to work for each type of resident within reason and common sense. Town Attorney Ryan explained that the fifty (50) percent rule came from the Building Official. Anything over fifty (50) percent is considered new construction. Commissioner Zelniker explained that this ordinance was put in place for the benefit of the community. We carefully investigated what other towns were doing. She heard many positive comments regarding no construction on Saturdays; especially from the bicyclists. She was in favor of keeping the ordinance as is. Vice Mayor Nila commented on the amount of time involved in working on this ordinance and changing ordinances after the decision has been made. It is important that the people in condominiums and townhomes are given the same consideration as single-family homeowners to enjoy their environment and time on Saturdays. These ordinances were made for all residents. She is in favor of leaving the ordinance the way it is written. The Commission took no action. Town Commission Special Minutes Date: December 18, 2018 Page 12 of 12 7. ADJOURNMENT: There being no further business, Vice Mayor Nila called for a motion to adjourn the meeting. MOTION: Commissioner Zelniker moved to adjourn the meeting at 4:13 PM. Commissioner Gossett -Seidman seconded the motion. APPROVED at the January 8, 2019 Regular M Larielda Gaskins, Town Clerk C Transcribed by: Rosalie DeMartino at