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2020.03.03_TC_Minutes_Regular e TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES Town Hall/Commission Chambers Date: March 03, 2020 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida 33487 1. CALL TO ORDER Mayor Zelniker called the meeting to order at 1 :30 PM. 2. PRESENT UPON ROLL CALL Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett-Seidman (joined the meeting at 1:32 p.m.) Vice Mayor Greg Babij Mayor Rhoda Zeln iker Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE Town Commission led the Pledge of Allegiance followed by a moment of silence. 4. ADDITIONS, DELETIONS, AND APPROVAL OF THE AGENDA The agenda was approved as presented, which passed (5-0) unanimously. 5. CIVILITY PLEDGE Town Clerk Gaskins read the Civility Pledge. 6. PRESENTATIONS / PROCLAMATIONS There were no presentations / proclamations. 7. PUBLIC COMMENTS AND REQUESTS NON-AGENDA ITEMS ONLY Ms. Barbara James of 3201 South Ocean Blvd. mentioned that she is the Marina Sea Turtle Permit Holder for the Town of Highland Beach. She commented about sea turtle seasons and the safety concerns for the sea turtles. Residents should keep their lights out, no flash photographer, and no lights on the beach until November 1st. Sea turtle nests should not be disturbed because it is against the law to tamper with them. The sea Town Commission Meeting Minutes March 03, 2020 Page 2 of 18 turtles are federally protected animals. It would be helpful not to feed the racoons and foxes, so they do not procreate and make larger families. The beach litter, people littering, and beach furniture is a concern for the safety of the sea turtles because the large turtles cannot back up and sometime, they get stuck. She cautioned the residents to be aware of how they leave the beach. Lastly, Ms. James mentioned that she would be leaving some handouts with her information at Town Hall Mayor Zelniker explained that the Town could get something in writing from Ms. James or Gumbo Limbo and then the Town could send the information in an email to the residents and place the information in the library. Mayor Zelniker proceeded to explain that there are a lot of new residents who are not familiar with the sea turtles and the word have to get out. Mr. John Shoemaker of the Highland Beach Club mentioned that he wanted to set the records straight on something that he had complained about earlier. He spoke about his visit to the Highland Beach Water Treatment Plant. He stated staff members Robert Ailstock, David Richards, and Pat Roman were very gracious to take them through in detail from the SCADA, through the scrubber system, to the distribution on how the water plant works. He described the water treatment plant from the wells to cartridges filters, membranes, degasifies, odor controls, storage and distributions controlled by Alien Bradley, the SCADA supervisor control system. He indicated the water treatment plant is an impressive operation and he described his comparison analogy of the water treatment filtration process to that of an aircraft carrier. It is a rigorous and controlled process which includes testing and sampling to ensure that Highland Beach is getting good quality water. One of his issues was that the taste was still a problem at the condominium. Since he has had a chance to tour the entire water treatment plant. He tasted the water from the spigot, and the water was excellent. He proceeded to comment about the distribution through the main water lines, the feeder lines going into the condominiums and private residents, the horizontal pipes collecting particles over time and the issuing with cleaning the pipes. This is the best time of year to get the best tasting water because there is a lot of use and the water flowing through the pipes. During the summertime, the water becomes more stagger which creates more of a challenge on the tasting. He stated from a facility, it is an impressive operation run by competent personnel and he thanked Bob. He also commented about the recent summary sent out by Mr. John Ross's committee about the issues we have to deal with and the challenges as a town. He stated that he was convince that the Town have a state-of-the-art facility that we need to protect. It gives the Town independence not having to rely on other towns to deliver water to Highland Beach that we can control was the objective that he thinks is still a good one. Mayor Zelniker explained that when she was the president at Regency Highland, they changed all of the water pipes and she spoke about the rust, grease and the sediment found in those pipes. It behooves the individual condominiums. Mr. Shoemaker asked how are we telling the condominiums what their vulnerability is and their quality of water. Discussion ensued about the condominiums being responsible and the changes that Town Commission Meeting Minutes March 03, 2020 Page 3 of 18 takes place on the various condo boards. Mayor Zelniker explained that maybe the next commission could send letters to the condominiums. Commissioner Donaldson commented about his tour to the Town's water treatment plant and the pride that the employees exude when speaking with them and as they gave the tour. He mentioned that the end produce is wonderful to see and they are a great group of guys at the water treatment plant. Mr. Tim Burnish of 4505 S. Ocean Boulevard provided comments and complemented the Fire Department, the Police Department and Waste Management for their quick response to the trash that caught on fire in the back of the garbage truck on yesterday. He mentioned that everything was handled promptly, and Waste Management cleaned up the roadway quickly. Mayor Zelniker indicated that she received calls about the traffic backing up along A1A. She mentioned that it might be helpful to send out a quick email explaining why, and people will have a better understanding and not get angry. She spoke about a situation in front of Boca Highlands and the bridge situation. She suggested better communication with the public with these things happen. Town staff prepare information educating the community on Sea Turtle Mr. John Ross of Casuarina provided comments the ineffectiveness of sending information out through the Town's email and the Town's email subscriptions lists. He suggested that the Town a public list and a private list. Mayor Zelniker commented about its been an issue with people saying that they do not know. She asked Chief of Police Craig Hartmann if the Code Red System could be used? Chief of Police Craig Hartmann explained that the Code Red System is used for emergencies only and that people does not want to be inundated. He indicated that a lot of the traffic on A1A is coming from out of town. Mayor Zelniker commented about an officer turning people around on the south end of town. She asked if the Town had a relationship with Boca Raton Police and Chief Hartmann mentioned that we do, and it depends on the situation. There being no further comments, public comments were closed. 8. ANNOUNCEMENTS Mayor Zelniker read the following announcements. A. Board Vacancies 1. Board of Adjustment & Appeals Board - Three vacancies for a three-year term. B, Meetings and Events Town Commission Meeting Minutes March 03, 2020 Page 4 of 18 1. Spring Fling Community Event - March 21, 2020 - 11.00 AM to 2°00 PM 2. Town Commission Special Meeting (Swearing in Ceremony) - March 24, 2020 - 1 :30 PM C. Board Action Report 1. Planning Board 9. ORDINANCES AND RESOLUTIONS A. ORDINANCE NO. 20-002 / STREET PARKING AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 16 "MOTOR VEHICLES AND TRAFFIC", ARTICLE I "IN GENERAL", BY MODIFYING THE CURRENT REGULATIONS AND REMOVING OUTDATED PROVISIONS AND TO ALLOW FOR ON STREET PARKING IN CERTAIN SITUATIONS; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING WAS FEBRUARY 4, 2020) Mayor Zelniker read the title of Ordinance No. 20-002 into the record and mentioned this was the first reading of this ordinance. Town Manager Labadie introduced this item. Commissioner David indicated that Commission had discussed the ordinance and stated that we should just vote on it. Commissioner Donaldson had no comments. Commissioner Gossett-Seidman suggested to move on. Vice Mayor Babil referred to Section 16-6 — Recreational vehicle parking, page 3, subsection (b) — Permit. Town Manager Labadie explained regarding the recreational vehicle, it used to be 24-hours based on our conversation, the Commission felt comfortable with giving it 48 hours. Vice Mayor Babii asked if the words "forty-eight" could be spelled out in the ordinance because the words twenty-four was spelled out and Town Manager Labadie replied sure. Mayor Zelniker opened the public hearing for this item, and there being no comments the public hearing was closed. She asked if there was a motion to adopt the Ordinance with the correction on second and final reading. Town Commission Meeting Minutes March 03, 2020 Page 5 of 18 MOTION: Commissioner David moved to adopt Ordinance No. 20-002 as corrected. Commissioner Gossett seconded the motion, which passed (5 to 0) unanimously. B. RESOLUTION NO. 20-005 / ANTI-SEMITISM A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DENOUNCING ALL ACTS OF ANTI-SEMITISM AND HATEFUL EXPRESSIONS OF INTOLERANCE AGAINST THOSE TARGETED FOR THEIR DIFFERENCES AND CALLING UPON ORGANIZATIONS TO DO THE SAME. Mayor Zelniker read the title of Resolution No. 20-005 into the record. She asked Commissioner Donaldson to read the entire resolution. Commissioner Donaldson read Resolution No. 20-005 in its entirety into the record. Mayor Zelniker referred this item to Town Manager Labadie. Mr. Labadie mentioned as directed by the Commission this resolution was put together, well read by Commissioner Donaldson, and it is time for Commission to act. Commissioner David did not see a need for discussion, and she mentioned it is self- evident that it needs to be passed. Commissioner Donaldson agreed. Commissioner Gossett-Seidman want to pass the ordinance. She explained two weeks ago when she was in Tallahassee, State Representative Michael Caruso reported this live on the house floor in conjunction with his Anti-Semitism Bill, which was passed last year and has a new life under a broader scope this year. We were heard in Tallahassee. Vice Mayor Babil echo all the previous comments. Mayor Zelniker stated we all have to say something when we see something. She is very proud of our town for doing this. She opened the item for public comments, hearing none, she closed public comments. Mayor Zelniker asked if there was a motion to adopt Resolution No. 20-005. MOTION: Commissioner Donaldson moved to adopt Resolution No. 20-005. Commissioner David seconded the motion, which passed (5 to 0) unanimously. Town Commission Meeting Minutes March 03, 2020 Page 6 of 18 10. CONSENT AGENDA There were no Consent Agenda items. 11. UNFINISHED BUSINESS There were no Unfinished Business items. 12. NEW BUSINESS A. Advisory Boards and Committees Interviews and Consideration to Nominate two Members to serve on the Code Enforcement Board for an expired term ending July 1, 2021 and an unexpired term ending August 1, 2021. Mayor Zelniker read the title of Item 12A into the record and introduced the following applicants, which were present at the meeting today. Board Applications: Joel Leinson - Subdivision: Toscano South Bryan Perilman - Subdivision: Toscano South Mayor Zelniker explained that both gentlemen have come before Commission before. Both of them have served on Town boards for 12 years between the two of them. She asked the Commission if they would like to interview both gentlemen or just vote. Commissioner Donaldson noted that he is particularly glad that Mr. Leinson and Mr. Perilman step forward for this. We have been trying to scatter duties around the community. This board has had some trouble filling their vacancies. These are two excellent candidates and they have served admirably on the Board of Adjustment and Appeals. He is glad they are coming back to continue their public service and appreciate them stepping forward. Commissioner Gossett-Seidman agreed. She explained that she has spoken with both gentlemen in the past and they are both qualified and they would be great on any board, but this board needs buttress. She thanked them for coming forward. Vice Mayor Babi1 echo the same. We interviewed both already and they are highly qualified. He thanked them for applying for this board. Mayor Zelniker noted that they are both good people, she has known them for six year each and can recommend them for this board. She asked if here were any comments from the public and hearing none she proceed with this item. Mayor Zelniker explained that there are two vacancies for this board; separate mations are needed for each Town Commission Meeting Minutes March 03, 2020 Page 7 of 18 appointment, and for the Commissioner to make the appointments one at a time beginning with Mr. Leinson. Town Clerk Gaskins explained that there are two terms. One term expires July 1 , 2021 and the other unexpired term ends August 1, 2021. She asked the Commission to state which term that they are appointing each of the applicant to. MOTION: Commissioner Gossett-Seidman moved to appoint Joel Leinson as a member to the Code Enforcement Board to serve an unexpired term ending August 1 , 2021. Commissioner David seconded the motion, which passed (5 to 0) unanimously. MOTION: Commissioner David moved to appoint Bryan Perilman as a member to the Code Enforcement Board to serve an unexpired term ending July 1, 2021 . Commissioner Gossett-Seidman seconded the motion, which passed (5 to 0) unanimously. B. Approve the Bid Award and Authorize the Mayor to execute the Contract for Services with Control System Design, Inc. for the Water Treatment Plant SCADA System and Instrumentation (RFP No. 20-004). Mayor Zelpiker read the title of Item 12B and referred this item to Town Manager Labadie. Town Manager Labadie introduced this item and commented on the bidding for the programming and control of the Water Treatment Plant SCADA system. we are asking for approval to issue a professional services agreement ora service contract, the approval will be followed by Town Attorney Torcivia's office preparing the contract for such service, which will be executed by the Mayor. Commissioner David asked if this was the only firm that responded. Town Manager Labadie replied "correct." She asked if we need to have this done and Town Manager Labadie replied yes. She noted then we should approve this. Commissioner Donaldson asked Town Manager Labadie in going through the evaluation, did we gain a sense that this appeared to appropriate based on other experiences or factors that led us to believe we are okay and there is no need to re-bid this. Town Manager Labadie replied "correct." He explained that there are two companies, and Control System Design, Inc. is one of the companies, and that the other company chose not to bid. He explained the advertisement of the bid in order to attract bidders. We could have bypassed the process and did the co-opt and came up with the same price. A lot of money was spent to get what we could have done cooperatively hoping the RFI (request for proposal) process would have solicit more competition. Nonetheless, the company that does this type of work is well respected and have done work at the water treatment Town Commission Meeting Minutes March 03, 2020 Page 8 of 18 plant before. He is comfortable moving forward and the company does work in adjacent communities, and they know Highland Beach system, and they follow the process. Commissioner Gossett-Seidman asked exactly how much did the RFP cost, two or three thousand, are there not that many that perform this service, and how many in the state? Town Manager Labadie responded the cost was several thousand dollars. He explained that there are about a handful of companies in the state, and there are two companies that do the Palm Beach County area predominantly which handle the water systems and controls. He explained that with specialized services, there is not a lot of contractors in the market place because it requires a specialized expertise on the SCADA system and computer programing, and there is not a lot of folks that do provide this type of service. Commissioner Gossett-Seidman mentioned that there is a reference underneath evaluation and award and it states that we may assemble an evaluation committee. She asked if we did not do that? Town Manager Labadie explained what is done for the selection committee if price is not a driving sole factor and when we get to professional services, think of engineering, architects, or IT systems where there is more than just price that goes into considering award and the evaluation. He described the qualification process, price, and solicitation process, and then a selection committee is formed. Commissioner Gossett-Seidman noted regarding article 17, in modification of work, she wondered what could be a scope of a modification and what potentially could be a cost increase, and is there any kind of a cap or stop gap on this contract? Town Manager Labadie explained that this contract would be on an hourly basis, based on the type of work that is done and budgeted. The Commission controls the price based on the budget work. If there is an emergency that would be an immediate response type of situation, maybe an unprogrammed operation, mostly through the budgeting process because this would be a multi-year contract. For forecasting in the future, we will start doing this for electrical, plumbing, in an effort to get a staple of service providers to make sure we have qualified contractor. Commissioner Gossett-Seidman asked if there is an extreme event in terms of price increase? Town Manager Labadie explained if there is a price increase, there are provisions in the contract that would have to be brought back to the Commission to agree on any changes. Usually on contracts like this you do not have those changes. Since it is not a fixed scope and price project where there might be change orders where work might be added, most of the work that is used through the programming is one through the installation of the equipment, and in the future, it is as-needed if something breaks down or malfunction. The firm will come in and handle on an as needed basis, after the initial install of the project which is budgeted at $30,000 this year. Lastly, Commissioner Gossett-Seidman asked how often is this done? Town Manager Labadie explained that it could be two to three years depended upon if there is an extraordinary change. Vice Mayor Babij had no questions. Mayor Zelniker agreed. She mentioned it is something we need, and we have to have. She opened the item for public comments, hearing none she closed the item for public comments. Mayor Zelniker asked if there was a motion to approve the Bid award, Town Commission Meeting Minutes March 03, 2020 Page 9 of 18 authorize the Town Manager and Town Attorney to prepare the Contract for Services with Control System Design, Inc. and authorize the Mayor to execute the contract? MOTION: Vice Mayor Babii moved to approve this item as stated Bid Award,Authorize the Town Manger and Town Attorney to prepare the Contract for Services with Control System Design, Inc., and Authorize the Mayor to execute the contract. Commissioner David seconded the motion, which passed (5 to 0) unanimously. C. Crosswalk Enhancement Project Update Mayor Zelniker read the title of Item 12C and referred this item to Town Manager Labadie. Town Manager Labadie introduced this item and gave the Commission an update on the Crosswalk Enhancement project. He explained that the crosswalk project was bided, designed, wrangled both types of permits from FDOT (the Florida Department of Transportation), signed off all agreements, and now we have come to the situation where the current pricing and market place have caught us by surprise. The engineer's estimate for this project was around $450,000 and the price is FDOT's pricing averages. There were two bidders that do a lot of the pedestrian facilities type work for the City of Deerfield Beach, Delray Beach, and Palm Beach Gardens. Heavy Civil, Inc. and MBR Construction, Inc. are to the two main companies doing the work throughout the county and they come highly recommended. He mentioned that there were two pricing with Heavy Civil, Inc. being the apparent low bidder. There were two pricing - a base bid which was everything except for the embedded lights. He stated we asked for a bid alternative because in the beginning we anticipated that might be problematic to our pricing, we kept It separate. Heavy Civil, Inc. base bid was $532,000 and their bid alternative was $240,000, which came in at $772,000. The Town's authority to do this project is $350,000. There are some basic contingencies. He spoken with a few engineers to find out why is this such a drive and both firms have indicated that specialty sub-contractors are controlling the pricing, and one eluded to time of year. The specialty items are becoming more expensive. There are a few sub-contractors and they control the pricing whenever a general contractor asked for a price. Mr. Labadie explained the options. He stated there is a possibility that if state funding comes in, the project could be scaled down, and we could complete a base project, minus the patterned pavement (red asphalt coloring) that would go into the crosswalk to improve a higher level of visibility. If the red asphalt coloring come out, the embedded lights, and we are blessed with state funding, we could do a base project. Hopefully, we could have those decisions within 120 days of the price guarantee that the contractors have given us. If that does not happen or if we truly feel let us do the crosswalk project, then we come to a referendum. Do we want to put this before the voters? We can put the referendum on the Presidential ballot in November according to Town Clerk Gaskins and have the residents vote on it. The good with that timing if you make that choice, if we do Town Commission Meeting Minutes March 03, 2020 Page 10 of 18 get the state funding but you want to do the full project, we will not lose the state funding because we can execute a contract within the state funding cycle. If we receive something from the state that is earmarked for specifically project from the state, it does not count against our Charter cap. That would allow us to do a base project if the state dollars come in within the 120 days. Basically, you look at do we want to for the state funds and if we do not get the funding, then we are at a referendum. If we receive the state funding, we come back and it is within the 120 days, then we move forward with the base project funding. If we are outside the 120 days, then we have to throw it out and start all over with the bidding process. He explained the mechanisms by which to deliver the rebidding process — contract manager (CM) at risk. This is a model where we are not doing a design bid build, which is the common practice that we would follow. We would hire a contract manager, agree to a price with them to deliver the project, they hire the sub-contractors and get the best pricing and help us with timings and management. Usually for a smaller project like this you should not have to use that mechanism, but pricings continue to increase, so it may warrant that if we have to go back out for rebidding. Do we look at an alternate method to secure pricing? So, we have everything to move forward, we have all the approvals from FDOT, all the agreements in place, and we have contractors who are qualified, vetted, and ready to go, and I just need money. There is no action today because you do not have the money to cover the award. We have 120 days to see how the state dollars shake out, give you some opportunity to think about how we want to move forward. This has been a very welcomed project in the community, and we have a fighting chance to get this through. We have all the products and ability to communicate this clearly, and we have all the authorizations. We are building the project without ad valorem tax dollars and this is all discretionary sales tax dollars that we get from the penny tax. We are no taking from the reserves. We have the ability to cover the project even the expanded project with discretionary sales tax. He explained that at some point you can borrow from future years contributions by borrowing to the reserves. We basically would be committing discretionary sales tax and it is not the ad valorem tax dollars to build the project. He is looking forward to completing this project. Vice Mayor Babij asked when is the deadline for a referendum? Town Manager Labadie explained September 1 St is the deadline to get the language submitted to the Palm Beach Supervisor of Elections Office, so we have to move back from there, so June or July would be the time for the Town Attorney to draft the language and for Commission to approve. He reiterated that it is not debt that we are taking on, it is just allowing us to spend no more than $350,000 of discretionary sales tax to build the project. Vice Mayor.Babij asked if that is a free option and it does not cost Commission anything to decide on it later? Town Manager replied no. Vice Mayor Babil asked is there a hard deadline from the state and when we hear about the funding? Town Manager Labadie explained that the Governor has to execute the budget. Town Attorney Torcivia explained generally about 30 days after the legislative session is over. Town Commission Meeting Minutes March 03, 2020 Page 11 of 18 Commissioner Gossett-Seidman commented that the legislative session will be over in two weeks and we are in a very good place. We are expecting the money, but anything can happen. We do not know until the Governor signs the budget and we should two weeks from now if it is in the firm budget and we should know when he signs the orders. Vice Mayor Babij mentioned he was not able to easily ascertain what is the cost of the base project through the material. Town Manager Labadie noted to look on the front page of the agenda memorandum in the table is the base bid. Vice Mayor Babi1 asked if the base bid included the pavement because during Town Manager's Labadie conversation, he referred to the base project of no red paint and no embedded lights as the based project. Town Manager Labadie clarified that the terminology used during his conversation and on the agenda memorandum. He explained that the base would have to be modified for which the apparent low bidders are willing to do and they are they are willing to hold their prices and remove that piece. Vice Mayor Babij then asked what would be the price of that project with no red paint? Town Manager Labadie mentioned that it would be about $475,000 with soft cost and that would give us $75,000 up to the $550,000, which is our Charter cap of$350,000 plus the roughly $201,000 of state funds would be $550,000. We would do the modified version and would have about $75,000 left to cover cost overruns or if we wish to try to leverage those dollars with condominium money to do the embedded lights. He thinks the embedded lights might be a challenge for some condos because it is expensive because the cost is $30,000 apiece. Even if it were brought down a bit it is still a monumental cost sharing arrangement but that would be the modified version. Commissioner David like to know what is the difference between what we currently and doing this project without the embedded lights and red pavement. She asked what is the difference, what would we see different? Town Manager Labadie explained the modified version of what we could afford coupled with the state dollars would basically be the solar power, pedestrian activated signals with the beacon signals underneath and restriping across Al A. As part of what is required you have to mill out 50 feet on each side of the center line of the cross walk before you repave and the American with Disability requires certain landings at the actuators so you have to do that piece as well including concrete work, and truncated domes would have to be installed . Basically, no embedded lights and no red paint. Commissioner David asked what would be destroyed when FDOT comes through and do the road. Mr. Labadie explained if you put it all in and FDOT comes with the 3R project, the embedded lights could be removed from the embedded canisters, the signs, the solar equipment are all fine, so you could lose the striping and paint and loose the canisters, so you would looks about ten to fifteen percent of the project cost. He indicated that FDOT would have to repaint the crosswalks anyway and the Town would have to repay for the red paint if we kept it and the new canisters. Commissioner David asked if there is another town that is larger because the part of the pricing has to Highland Beach begin a small project and the smaller the project, the more each thing costs. She asked if there was another town doing this that we could potentially pair with and bring the price down? Town Manager Labadie replied yes but it is hard to say that they are exactly the same and explained that we could potentially pull out bid items that Town Commission Meeting Minutes March 03, 2020 Page 12 of 18 match. He continued to explain that we could do some co-opt purchasing and piggyback but there might become legal entanglement since we went through the invitation bidding process. Commissioner Donaldson wished Commissioner Gossett-Seidman, Commissioner David, and Vice Mayor Babij good luck on this matter. He explained that this is an extremely important public safety issue. He urged the Commission not to go into this halfway and to stick to the goals that we want to achieve and get this done right the first time. He encourages the Commission to act in that spirit to see what we can do. He stated the manager brought up a number of good points that makes a lot of sense. He added the following items to that® 1) to tighten up the bid documents, for example traffic control, maintenance of traffic, and consider rebidding this, and 2) urge the Commission to give very, very serious going through the steps again, taking a look at it critically, and lets get the program right, get the money right, and definitely consider a referendum that is going to make sure we are comfortable on that and get this done for the community. Commissioner Gossett-Seidman stated we need to stay on this and hope for the best from the state and try to get an idea of what the public is willing to spend or not if we go to referendum. She did the math and it comes to about exactly $59,375 per crosswalk and when you are talking about eight crosswalks, that is a lot of money. She agrees with Commissioner Donaldson that some of the bid numbers are very divergent and she do not understand between the two companies. She suggested to tighten up the process. See what we can do and perhaps look at other ways to press FDOT. Mayor Zelniker explained three years ago that there was a referendum for the first beautification of the sidewalk and there was a massive group of people here. We put two hundred fifty thousand dollars from that project into a fund for the crosswalk and then we were going to use the penny tax. The whole concept was that they wanted flashing lights at nights for visibility and safety of the pedestrians crossing Al A. She asked Vice Mayor Babij what happened where the $250,000 went. Both Vice Mayor Babij and Town Manager Labadie explained that the funds were earmarked and is still there. FDOT is going to come in and she is concerned to put the money in before they come. She mentioned that everyone loves the orange flags that help them cross the street. The problem is at nighttime when you cannot see people. Discussion ensued about the who paid for the flashing lights at the Boca Highlands crosswalk area and who installed them. Commissioner David explained that FDOT installed the flashing lights. Town Manager Labadie explained that scope of the project can be changed. FDOT is not going to let the Town put up flashing lights. They will make the Town do other improvements to get into the right of way. You cannot just restripe over the existing crosswalk. You have to mill it out. Discussion ensued about condo property, pseudo traffic control devices, and pedestrians not pushing the crosswalk lights and the sidewalk lighting up for pedestrian safety at night. Town Commission Meeting Minutes March 03, 2020 Page 13 of 18 Commissioner Donaldson stated that there was a piece of legislation making its way through about drastic change to the way the crosswalks are done throughout the state and it will require a whole different setup that amounts to a stop light. We do not have this accommodated in the bid right now. He encouraged the Commission to consider the unknowns and the plan for them. We do not want to get short on a project and find out that we cannot complete it. Public comments were opened for this item. Mr. Douqlas Hillman of Dalton Place with the permission of the Commission asked Commissioner Donaldson if he would look over the bid process in detail and review it with Town Manager Labadie a little more closely before the end of his term. Commissioner Donaldson responded he would be glad to do that at any time and said that he has been looking at the number. In addition, Mr. Hillman asked with the permission of the Commission might he give an assignment to Town Manager Labadie and Mayor Zelniker replied sure. Mr. Hillman asked Town Manager Labadie for the next meeting to put the options together that are in front of us here but break them down by eight so they can then look at this on a per cost crosswalk basis with the various options included for example, the embedded lights, painted in the pavement and then possibility the option that Barry brought up some time ago, we do them but then give the condos that use the crosswalk the opportunity to pay for those upgrades. Mayor Zelniker suggested the Town could get some flashlights at night when crossing in the crosswalk. Mr. Hillman suggested to look at all the options and spend wisely. Mr. Carl Joe Hanson of 2353 South Ocean Blvd. commented that the orange flags seem to be working very well. The crosswalks are not public. There are many crosswalks with limited use because a code is required to enter. We should not embark our hard earn money. There are better ways to spend the money. As a town, we have no obligation to provide cross walk. He is the president of the Byrd Beach Association — there is an easement that give the residents all access to the beach and there is no crosswalk. If we want a crosswalk, we will pay for it. The people at the Coronado should pay for their own crosswalks. This is not our jurisdiction. Commissioner David explained that a crosswalk cannot be created for a private company and it is through FDOT and they will not let you do that. They are private cross walks and any one can use them but cannot go to the beach. Commissioner Gossett-Seidman explained that when she moved to Highland Beach two former Commissioner, Mayor Arlin voress and Vice Mayor John Rand lived on her street and she asked them why are there crosswalks along Al A. The history was that FDOT required crosswalks because there are clubhouses on the east side of Al A. The crosswalks are at the larger condos. All crosswalks are under the jurisdiction of FDOT. Mr. John Ross of Casuarina commented that there is a problem with the RFPs. Town Commission Meeting Minutes March 03, 2020 Page 14 of 18 Mayor Zelniker TABLED this item for the new commission. She suggested placing reflective strips on the flags for visibility at nighttime. Commissioner Gossett-Seidman suggested that Town Manager Labadie address a few safety factors in the Manager's Minutes as well as include in a regular mailing to the residents t0 remind residents to wear light colors and. She also suggested to include the bike lights. D. Legislative Action Days Update - Commissioner Gossett-Seidman Commissioner Gossett-Seidman attended the Florida League of Cities 2020 Legislative Actions Days on February 11 th through 15th in Tallahassee, Florida. She gave an update on the several proposed bills that passed the subcommittee and explained that there was about 50 plus Commissioners from various municipalities which broke out into different groups based on state or county districts to hear about the legislative action requests which included Short Term Rentals and AIRBNBs; Natural Resources; Private Property Rights /Bert Harris Act Expansion; Communications Service Tax (CST) Cut; Affordable Housing; Sales Tax Fairness; Impact Fees; Sovereign Immunity; and Home-Based Businesses. There is a movement in the State of Florida to do away with zoning ordinances whereby any factor or business could be built, any profit-making venture in town on property or residential. Both the Home-Base Businesses and the Short-Term Rentals seems to be on their way out partially due to Florida League of Cities and Governor DeSanits was not in favor of allowing the state to run and manage short term rentals. Senator Simpson prepare a rewrite to amend a bill to keep the portion at the local level that pertains to the code and zoning ordinances, and to allow the State to oversee for collection of taxes working with each county. Lastly, she commented on the hard work the local representatives, the council and the commission people do to improve their communities. She also thanked the league for doing a great job as well as thanked the Commission for sending her this event. Commissioner Donaldson thanked to Commissioner Gossett-Seidman. He explained that this spell out the importance of Highland Beach thinking outside the boundaries of the Town and that there is a lot going on that may benefit or hurt the Town. The participation in the Florida League of Cities is extremely important. 13. PUBLIC COMMENTS AND REQUESTS - AGENDA ITEMS ONLY Mr. Burnich thanked the Commissioners for appointing Mr. Leinson and Mr. Perilman to the Code Enforcement Board. Mr. Larry Wittenberg of Regency Highland provided remarks about Resolution No. 20- 005. He thanked Goldstein's for bringing an inappropriate incident involving his son and granddaughter to the attention of the Commission. He also thanked the Commissioners for implementing a policy on Anti-Semitism. Town Commission Meeting Minutes March 03, 2020 Page 15 of 18 Ms. Katharina Braun commented that she hopes the Town Manager addresses the dredging of the sand from the Town of Highland Beach to the neighboring municipalities in his manager's report. Mr. Richard Greenwald thanked the Commission for their service. We appreciate the amount of time and effort that the Commissioners has to put in including the advisory boards and other meetings. There has been a lot of improvement from a governance standpoint. He spoke about the council-manager form of government. Again, he thanked the Commissioners for their service. 14. TOWN COMMISSION REPORTS A. Commissioner Evalyn David commented that there are other municipalities that are trying to put some restrictions on 5G, and that Highland Beach needs to have that in place before they come. She suggested that this is something for down the road, but we need to think about how we can limit it, so they are not eye soars all over the Highland Beach community. She also suggested that maybe Town Manager Labadie could reach out to other municipalities and see what they are proposing do and whether or not Highland Beach would benefit from doing something similar. B. Commissioner Barry Donaldson noted he attended the Planning Board meeting and the Palm Beach League of Cities District V luncheon. He commended and thanked his wife Marylynn for her endless support, guidance, and counsel during his time in office as a Commissioner. He spoke about how his father inspired him to public service because his father ran twice for the senator legislator in the state of Kentucky and lost twice. Commissioner Donaldson stated he has kept the family record never being elected to office in tack. He stated he has had the privilege to serving on the Town Commission a little over a year and during this time, the Commission got a lot done. He thanked his fellow Commissioners and Mayor Zelniker. Of all the things the Commission has accomplished, the one thing he leave the office feeling best about is the corporative attitude the Commission adopted to work together in a good civil manner. He is very confident the cooperative spirit will continue in t with the incoming Commission members. This job was made easier by former Vice Mayor dila who worked diligently during her time on the Commission to increase the professionalism of the town resulting in the hiring of Town Manager Marshall Labadie. It has been a pleasure working with Town Manager Marshall Labadie, his assistant, Terisha Cuebas as they have elevated our standards for good governance, management, maintenance, planning and good communications beyond expectations. Town Clerk Lanelda Gaskins is the shepherd to our flock of Commissioners. She has always offered good direction in caring out the duties of office in which I am very thankful. Beverly and Ganelle have been spot on in answering my inquiries. Chief Hartmann, Pat Roman, Lois Albertson, Matthew Lalla, and all other personnel worked diligently in our departments to Town Commission Meeting Minutes March 03, 2020 Page 16 of 18 make Highland Beach a great place to live. They have been very helpful and informative, always keeping their eyes on how to make things better for all of us and the Town of Highland Beach. Lastly, Commissioner Donaldson expressed that he would miss the Town Commission. He leaves happy and satisfied knowing that Town is in good hands going forward and he look forward to being of service in another role at the pleasure of the Town Commission. He thanked everyone. Mayor Zelniker commented that we all appreciated your good work. D. Commissioner Gossett-Seidman had nothing to report. E. Vice Mayor Greg abii had nothing to report. F. Mayor Rhoda Zelniker she stated she is very happy with the new Commissioners. Mayor Zelniker thanked Town Attorney Torcivia and Town Attorney Pamala Ryan for writing Resolution No. 20-005. Town Attorney Torcivia expressed it has been a pleasure working with Mayor Zelniker and Commissioner Donaldson and he thanked them for their service. 15. TOWN ATTORNE'Y'S REPORT Town Attorney Torcivia had nothing to report. 16. TOWN MANAGER'S REPORT Town Manager Labadie introduced Jeffrey Remas, the new Building Official and provided a brief background on his work history. Mr. Remas thanked the Town Manager and Commissioners for the opportunity to work as the Building Official for the Town. All the Commissioners welcomed Jeffrey Remas to the Town of Highland Beach. Town Manager Labadie provided an update as follows: The ongoing Beach Nourishment project in Delray Beach is federal waters/lard and not Highland Beach. This project has been identified by the Army Corp of Engineers for the sand source, which is a lengthy process. He recently attended a conference on beach nourishment and preservation. He referred to the Town's 2013 Beach Restoration Feasibility Study Report and commented that it addressed sedimentation. He explained that most of the sand deposits comes from the Delray Beach and occasionally some come from the Boca Raton. There will be a natural movement of sand back to Highland Beach front but there is not much we can say. Ms. Katharina Braun asked a question (inaudible). Town Commission Meeting Minutes March 03, 2020 Page 17 of 18 Town Manager Labadie explained that the dredging project is done roughly every five to six years. Ms. Katharina Braun asked if Highland Beach was involved in the process and do, we know they are doing. Town Manager Labadie responded that the Town contacted the contractor out of curiosity and they explained that the sand wash down to Highland Beach and we are in a better spot to let the sand wash down on its own to get it to the beaches. According to the Beach Restoration Feasibility Study, there is an area to the south near Ocean Place Villas which is more susceptible to the beach erosion and the other areas according to the study have been hold firm over the last 40 years. The Army Corp. of Engineers is on a regular cycle to replenish the public beaches and will do it within four to five years. Public Works Director Pat Roman will be putting together some information about flushing guidelines. The flushing guidelines will be shared with community/condominium managers in hopes to initial regular maintenance in the summertime. Town Manger Labadie noted he will prepare safety tips related to pedestrian safety in the crosswalks and will look into the 5G. He commented on the recent fire of trash in the Waste Management garbage truck, which was caused due to someone throwing away a can of accelerant in the trash can. He explained to the resident that Solid Waste Authority have a facility for disposal of hazardous household waste materials. He will include some safety recycling tips for the residents to keep hazardous household materials out of the waste stream. The -town's new website was recently launched this week and it is very effective and mobile friendly and there is an alert center to keep the residents informed. Kudos to Terisha Cuebas to make this happen. The next meeting, Commission should be on the new Municode software. Town Clerk Gaskins and her team has been working on this project for better agenda control and management. The Selection Committee for the IT system will be meeting tomorrow. Kudos to the Police Department for their technical audit and they passed well. Lieutenant Jay Szesnat, Eric Aronowitz, Accreditation Manager and Mark Rutledge, IT consultant did a really good job with keeping our security system top notch and functioning properly. Officer Miller was in Villa Costa to assist with a security audit to ensure the condos access points were secured. He encouraged the residents to contact Chief of Police Craig Hartmann for assistance with safety measures at no charge. The safe deposit box was opened, and it contained historical records including the original charter, original set of adopted ordinances, resolutions, original revenue bond from 1956. Those documents will be scanned into the record and we will find a way to present therm, so the public see them. Those records were up to about year 2000. Town Commission Meeting Minutes March 03, 2020 Page 18 of 18 17. ADJOURNMENT There being no further business, Mayor Zelniker adjourned the meeting at 3:27 P.M. APPROVED at t`1e' teirlber 1, 2020 Virtual Town Commission Mee in , Dou Tas,.•�ilman Mayor ., g y ATTEST- Transcribed TT E S T. .�.. w 'b-., •fir nTranscribed b Lanelda Gaskins .: � Y WA Wft . . .. )nlda CGaskins, MM Date Town Clerk