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2009.07.28_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday July 28 2009 1:30 PM Mayor Jim Newill, CPA called the Workshop Meeting to order in Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Jim Newill, CPA; Vice Mayor Miriam S. Zwick; Commissioner Doris M. Trinley; Commissioner John J. Sorrelli; and Commissioner John J. Pagliaro. Also present: Town Attorney Tom Sliney; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown; and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence in honor of members of the military, both living and deceased. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Agenda accepted as submitted. 2. PUBLIC COMMENTS AND REQUESTS Paul Resnick - 4740 S. Ocean Blvd. -Boca Highlands Who decides if the Town of Highland Beach has its first traffic light -the Town Commission or the Board of Directors at Boca Highlands? Opposed to the traffic light being installed at Boca Highlands. The Town Commission needs to have a say in the installation of any light on SR AIA. If residents were aware of what was going on, they would be out opposing it. Mayor Hagelmann tried to get a fire light installed through Commissioner Mary McCarty but the Commission opposed it on five different times. Joe Yucht -Boca Highlands In August, the Friends of the Library will be sponsoring a woman playing the violin and fiddle. It is a tremendous evening of entertainment. I dispute everything Mr. Resnick just stated. If the Town Commission is concerned about safety, then do something about curbing Town Commission Workshop Minutes July 28, 2009 Page 2 of 9 the use of bicyclists and telephone users. Boca High is paying for the light. The Town will maintain it. Mayor Newill - We are talking about traffic. Traffic is part of the Comprehensive Plan. The Town has a right to voice its opinion. Commission Trinley -When did the Town agree to maintain the light? Reply - I meant the County. Jason Finkle -Past President Boca Highlands Board of Directors Do concur with almost everything that Joe Yucht stated. Child was almost sideswiped by a vehicle that did not stop at the blinking light. The Boca Highlands Board of Directors had a unanimous vote to have the light installed. Many of us are in complete agreement and gladly accept the special assessment. Do not impede the installation of the light. 3. PRESENTATIONS Town Manager Su eg_rman -The Code Enforcement Board was disbanded effective July 1St We wanted to take a few minutes to recognize and thank the members of the Code Enforcement Board for their service to the community. We have plaques for each outgoing member. The only former member present is Paul Resnick. Mayor Newill presented a plaque to Paul Resnick that read: Presented to Paul Resnick - In Grateful Appreciation For Your Many Years of Dedicated and Loyal Service On Behalf of the Town of Highland Beach Code Enforcement Board -November 2004 through June 2009. Presented by the Highland Beach Town Commission this 28`" day of July 2009. 4. BOARDS AND COMMITTEES A) Board Correspondence • None B) Board Action Report • None C) Board Vacancies • Board of Adjustment and Appeals -Reappointment (9/09 - 8/12) Eligible for re-appointment -Anthony Ruotolo - 3400 S. Ocean Blvd. Include on August 4, 2009 Consent Agenda • Cultural Advisory Board -One Full Term (7/12) • Cultural Advisory Board -One Unexpired Term (5/11) • Cultural Advisory Board -One Unexpired Term (11/11) One application received. Applicant could not attend July meeting will attend August meeting. • Planning Board -One Full Term 9109 - 8/12) Applications were received too late for this meetings agenda Town Commission Workshop Minutes Julv 28, 2009 Page 3 of 9 D) Monthly Board Meetings • Beaches & Shores Advisory Board -Aug. 11th -Regular - 9:30 AM • Planning Board -Aug. 12th -Regular - 9:30 AM • Bd. of Adjustment -Aug. 18th -Regular - 9:30 AM • Cultural Advisory -Aug. 27th- Regular - 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) None 6. NEW BUSINESS A) Determining a Procedure for Selecting a Final Individual/Firm to Serve as Special Magistrate for Code Enforcement Town Mana eg r Su erman -The members of the Commission have met all of the finalist candidates vying to serve as Special Magistrate for Code Enforcement for the Town. A procedure for making the selection needs to be determined for a final selection being made at the August 4th regular Commission meeting. Vice Mayor Zwick - We should use the same procedure that we used for the Police Chief with a written vote and the ranking of the four potential candidates. Mayor Newill -All the Commissioners agreed with this procedure and requested that the Town Clerk prepare ballots. B) Selecting a Voting Delegate to the 2009 Florida League of Cities Annual Meeting Town Mana eg r Su eg rman -The Florida League of Cities will be holding its 83`d Annual Conference in Orlando, Florida from August 13-15, 2009. The annual business meeting will be held Saturday morning. The Town will need to identify, in advance, who from our Commission will serve as our voting delegate. Traditionally, the Mayor has been designated as the voting delegate. Commissioner Sorrelli - We should appoint the Mayor and include this item on the August 4th Consent Agenda. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Minutes June 30, 2009 -Workshop Meeting July 7, 2009 - Regular Meeting July 14, 2009 -Special Meeting Minutes to be included on the Aug. 4th Consent Agenda. Town Commission Workshop Minutes July 28, 2009 Page 4 of 9 8. REPORTS -TOWN COMMISSION Commissioner John Pa liaro -Discussion about the proposed traffic signal at the Boca Highlands pedestrian crosswalk. I have asked Dr. Superman to report to the Commission and town residents the background and chronology of the proposed traffic signal at Boca Highlands pedestrian crosswalk. I have serious concerns about the proposed installation and the implication it will have on our community. Concerns: 1) FDOT field tests and studies have demonstrated that pedestrian crossing volume and traffic conditions do not warrant a traffic signal in Highland Beach. 2) Why did the FDOT recently entertain the submission of permits for a traffic light at the Boca Highland community? Is it due to the fact that it will be no cost to the FDOT? 3) What if the other condos in Highland Beach decide that they will also pay for the installation of a traffic light? Do we want a proliferation of traffic lights along AlA? 4) Why has the FDOT entertained the installation of a traffic light in Highland Beach when they are about to begin an experiment with new tools to make cross walks safer at a few Delray crosswalks? Does it not make sense for us as a town to wait and see the results that will save individuals and municipalities costs? Town Mana e~ r Superman - No formal report -just general comments. Does the Town Commission have a role in approving installation of a traffic light on a state road in Highland Beach? Town's Comprehensive Plan dictates how we plan for our community and specifies the elements of this planning which is our responsibility. Elements include -utilities, housing, schools and traffic. One of the things that we do not do, is permitting the traffic light on the state road. The whole process for permitting is in the hands of the FDOT. The County also has a traffic control department and will also need to issue a permit. FDOT did an analysis to determine if a traffic light is warranted. The report stated that it was not warranted, but if the petitioner wanted to pay, FDOT will give it consideration. Palm Beach County was not included in the loop either, but both will allow the light as long as they do not have to pay The Town Commission has not only a right, but a duty to make its position known whether a light should be installed. Commissioner Trinley -Has it ever been ascertained if the first approach was taken by Harold Hagelmann as the Mayor or as a private citizen? Mayor Newill - Do not recall. Vice Mayor Zwick - I am a resident of Boca Highlands and do know about the light. I am a representative of the citizens of Highland Beach and have a fiduciary responsibility to them. I have never been in favor of a light at Boca Highlands. If the FDOT is going to experiment in Delray Beach, as we suggested three years ago, wouldn't we prefer to see the results of this experiment prior to a pedestrian activated light being installed? Unless it is a true activated light, drivers will not stop anyways. Understand that the Boca Highlands Board of Directors had good intentions. But they are not appointed or elected by the residents of the Town. Town Attorney Sliney - It is a jurisdictional issue over the permit. Why FDOT did not come to the Town is questionable. The Town at the August 4a' meeting can decide if they want to forward a letter to FDOT voicing their dissatisfactions. Commissioner Pa lg iaro -Also advise FDOT that any permitting of this traffic light should be held off until the experiment in Delray Beach is Town Commission Workshop Minutes July 28, 2009 Pa e 5 of 9 concluded. Town Mana eg_ r Su eg rman - If the Commission is of the mind to voice their opinion, I will schedule it on the agenda for a motion and a vote at the August 4th meeting. Commissioner John Sorrelli -Would like the staff to look into raising the building permit fees. Town Mana eg r Su erman -Timing is perfect prior to the budget being established. Will investigate and get back to the Commission. Commissioner Trinley - No Report. Vice Mayor Zwick - No Report. Mayor Newill - 1) The adoption of the final budget is scheduled for September 22nd. I will be out of Town and would like to request that the Commission consider changing the date. Consensus -September 23rd at 5:01 P.M. To be included on August 4th Consent Agenda. 2) Have observed the landscapers blowing the debris into the center of the road. Questioned if our Code prohibits this. And it does. Have asked that it be enforced. 3) Yesterday was the beginning of the 2nd year of "Coffee with the Mayor." Questions brought up by the public included: water rates; how water is billed; parking on grass; bicyclists and use of cell phones while driving. Would like to thank people for attending, and I personally bear the expense. 9. REPORTS -TOWN ATTORNEY Recently issued an opinion to the Town Clerk regarding a public records request. Felt it was important to clarify the situation for a member of one of the Town's boards. 10. REPORTS -TOWN MANAGER 1) First budget public workshop is scheduled for August 6th at 4:30 P.M. and it is an open meeting. 2) We have a very strict turtle nesting ordinance. Have requested beach dwellers and the hotel to turn lights off. At the coffee yesterday, residents were pleased with the results. 3) Results of the Bid Tabulation for the SR AlA Water Transmission Main Construction Project Town Mana er Su eg rman - On June 8th the Town opened up the bids from the 12 contractors who have expressed an interest in constructing the replacement water transmission main on SR AlA. The Engineer's estimate for the project was $3,770,520.00. The bids ranged from a low of $3,109,302 to a high of $4,330,678. Upon receipt of the bids, the Consulting Engineer, along with the Town staff completed an analysis of the lowest and the second lowest bidders. The results of the analysis is that Mathews Consulting, Inc. our consulting engineer has made a recommendation that the award of contract for the SR AlA water transmission replacement project should go to the second low bidder, because the low bidder "did not meet the specific qualification requirements" of the bid specification. There are a Town Commission Workshop Minutes July 28, 2009 Page 6 of 9 variety of documented examples why the low bidder did not meet the specific qualification requirements of the bid specifications. American Engineering & Development, the apparent low bidder, has filed a bid protest. We have invited them to the Commission Workshop meeting to be given an opportunity to address the Town Commission in support of their bid protest. Dave Mathews of Mathews Consulting -Project Engineer for the Town On Monday, June 8, 2009, at 2:00 PM, bids were received by the Town of Highland Beach for the Water Main Replacement along State Road AIA. Twelve (12) bids were received and recorded. We have reviewed the bid proposals submitted by each of the contractors and have found only minor mathematical errors in the bids for Bidder Nos. 6, 8, 10 and 12. The following summarizes our findings for low bidder's No. 1 and 2: American En ing eerin~ & Development: (apparent low bidder) 1) The Contractor acknowledged Addenda Nos. 1 & 2. 2) The Contractor provided Bid Bond (5%). 3) The Schedule of Bid Prices was filled out correctly. 4) The Contractor provided Bidders General Information. 5) The Contractor provided Supplemental Contractor Questionnaire. 6) The references provided by the Company were satisfactory. Responsiveness of Apparent Low Bidder: The Bid Proposal (Pages A-22, A-23 and A-24) was very specific in stating the following qualification requirements: "List 5 projects completed as Prime Contractor in the last 5 years in Florida involving work of similar tyLe and complexity (water main at least 10-inches in diameter, installed by open-cut methods in residential neighborhood) that you have completed as Prime Contractor for a municipality in Florida. (This must be filled out below or Bid may be considered non- responsive.)" The five (5) projects provided by American Engineering & Development did not meet these specific qualification requirements. All of the projects listed by this bidder were performed for developers or general contractors and not for municipalities. American Engineering & Development was not the prime contractor on any of the projects provided and none of the projects listed were similar in type of work to the water main project for the Town of Highland Beach. In the Engineer's opinion, the American Engineering & Development bid form does not demonstrate the required project qualification experience for similar type work completed as a prime contractor for municipality's in Florida. Mathews Consulting, along with Town staff, met with American Engineering & Development to discuss their lack of similar experience provided in the bid submittal. Based on their response in the meeting we were not convinced that they meet the project experience as stated above. It appears that this contractor is experienced with site work and utility work for new residential site development and for free standing building types (i.e. Targets, Commercial Buildings, etc.), but lacks the direct experience called for in the bid specifications. Asphalt Consultants: (second low bidder) 1) The Contractor acknowledged Addenda Nos. 1 & 2. 2) The Contractor provided Bid Bond (5%). 3) The Schedule of Bid Prices was filled out correctly. 4) The Contractor provided Bidders General Information. 5) The Contractor provided Supplemental Contractor Questionnaire 6) The references provided by the Company were satisfactory. Town Commission Workshop Minutes Julv 28, 2009 Pale 7 of 9 The five (5) projects provided by Asphalt Consultants did meet the specific requirements. One of the projects included construction of a 5,000 linear feet of 12-inch water main and water services with driveway restoration, irrigation and landscaping restoration along the east side of State Road AlA for the Town of Gulf Stream. This project is very similar in type of work to the Town of Highland Beach's water main project. Based on the specific project experience qualifications criteria established in the Bid Documents and based on Mathews Consulting's review of the Bid Proposals and reference checks for the two (2) low bidders, we find that Bidder #2 (Asphalt Consultants) is the most responsive, responsible and qualified to meet the contract specifications, and we recommend award of the contract to Asphalt Consultants in the amount of $2,805,364.00. Town Mana eg r Su eg rman -American Engineering and Development has asked to make a presentation. Ron Glazser -President of American Engineering and Development My goal is to try and demonstrate that American Engineering should have been deemed responsive. Your Engineer stated that we did not submit the proper job experience. Our projects were for public utilities. (At this time gave a brief snap shot presentation) We have been in business for 35 years, with numerous public utility projects. We have vast experience whether working directly for a municipality or as a sub contractor. Because we have never completed a project that is an exact match does not disqualify us. Commissioner Sorrelli -Why do you feel you were disqualified? Ron Glazser -Projects included in our bid package were not thoroughly investigated by your engineer. In lieu of the fact we did not have a similar project, does not mean we cannot construct this one. Have the man power and the expertise to complete this package. Feel we are responsible and qualified. Commissioner Pa liaro -Would it be appropriate for our consulting engineer to respond. Dave Mathews -Basically, the projects he just showed you were not projects he included as part of his bid package. This information was not provided. Rene Mathews -This particular project is meant to be given to a prime contractor. The contractor needs to be the project manager. They will have to put schedules and budgets together and maintain those schedules and budgets. Project managerial skills are important to this project. Bid submittal did not include any project indicating that they are prime contractors. Ron Glazser - We are a prime contractor on many projects. Dave Matthews - We asked for five projects indicating this. I am doing my due diligence in the review of the bid package. Town Mana er Su ennan - It was not suggested that they are not quality contractors. They were not responsive to the bid specifications. None of the other 11 bidders were given the ability to make a presentation or add any information to their bid package. If you look at the spread sheet -specifically items 45 - 53; driveway and sidewalk restoration. Most of these driveways have specialty bricks. Compare the costs between the two contractors. The sensitivity of what we are looking for in replacement of the driveways and sidewalks is a Town Commission Workshop Minutes July 28, 2009 Page 8 of 9 great concern. In their bid proposal, they did not provide information indicating that they were a prime contractor. Kerry Lewis of Elder & Lewis -State statute dictates that the bid has to be awarded to the lowest responsible bidder. The Commission is legally responsible to follow the statute. The bid package required a performance bond. Companies who are not responsible would not be able to obtain this bond. Commissioner Pa liaro -Would like to hear from Attorney Sliney. Town Attorney Sliney - Need to review all the paperwork and will give an opinion prior to next week's meeting. Commissioner Sorrelli -Did you have apre-bid meeting? Dave Mathews - We had a mandatory pre-bid meeting and went over all the specific requirements of the bid package. Mayor Newill -This will be carried over to next week's meeting. Mana er Su eg_rman -The staff will come forward with a recommendation for the Commission once Attorney Sliney gives his opinion. The Bids were only good for 90 days. The contract needs to be awarded prior to September 6tn 11. CONSENT AGENDA None 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Jay Finkle -Boca Highlands Mr. Yucht asked me to remind the Commission that the entrance to Boca Highlands is the highest point in Highland Beach. Consequently, traffic travels very fast in this area. The Commission is missing the point in that there already is a traffic light at this crosswalk. There will be an amber light on this traffic light notifying people that the light will be changing. Many things need to be clarified for the Commission before it interferes in this project. Urge you, to the best of your ability, not to impede the installation of this light. Paul Resnick -Boca Highlands There are 7 crosswalks in Highland Beach. Why are you only talking about safety at Boca Highlands? I want to repeat two quotes from Mr. Overton: 1) This light was requested by Mayor Hagelmann in July of 2007. 2) Observed pedestrian volumes do not warrant a traffic light. The police are actively working to stop vehicles not observing the crosswalks. The same can be said for terrorist bicyclists. The Boca Bicycle Club is trying to get everyone to comply with the rules of the road. Commissioner Trinley -Did Mr. Overton's communications actually refer to the request by Mayor Hagelmann? Repl -Yes. Town Commission Workshop Minutes Julv 28, 2009 Page 9 of 9 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Workshop Meeting at 2:50 PM upon a MOTION by Commissioner Sorrelli; seconded by Commissioner Pa l~,iaro. APPROVE: Jim New' ,CPA, Mayor Miri . Zwick, ic~~%' or Doris M. Trinley, Commissioner ~. ate