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2017.04.04_TC_Minutes_Regular AGENDA ITEM 6E3 TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION REGULAR MEETING Tuesday, April 4, 2017 1:30 PM Mayor Carl Feldman called the Regular Meeting to order in the Town Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members Present: Mayor Carl Feldman; Vice Mayor William Weitz, Ph.D.; Commissioner George Kelvin; Commissioner Elyse Riesa and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Town Manager Valerie Oakes; Town Clerk Lanelda Gaskins; Police Chief Craig Hartmann; Finance Director Cale Curtis; Library Director Lois Albertson; Public Works Director Ed Soper; Building Official Ken Bauer and members of the public. Pledge of Allegiance: The Pledge of Allegiance was led by Commission, followed by a minute of silence. Civility Pledge: The Civility Pledge was recited by the Town Clerk. Mayor Feldman recognized the former Mayor Bernard Featherman and thanked everyone for attending today's meeting. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Feldman called for any additions or deletions to the agenda. Commissioner Riesa asked that the Commission look into reviewing our current boards. She feels some are not being utilized properly. Mayor Feldman asked that this be tabled until the next workshop meeting so that each Commissioner can be prepared and voice their ideas. Mayor Feldman would like to have an open meeting and asked that each department head give a report at the workshop meetings to let the Commission know what is happening in their department. Hearing none,the agenda was accepted as presented. TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION REGULAR MEETING Tuesday,April 4, 2017 1:30 PM Mayor Carl Feldman called the Regular Meeting to order in the Town Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members Present: Mayor Carl Feldman; Vice Mayor William Weitz, Ph.D.; Commissioner George Kelvin; Commissioner Elyse Riesa and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Town Manager Valerie Oakes; Town Clerk Lanelda Gaskins; Police Chief Craig Hartmann; Finance Director Cale Curtis; Library Director Lois Albertson; Public Works Director Ed Soper; Building Official Ken Bauer and members of the public. Pledge of Allegiance: The Pledge of Allegiance was led by Commission, followed by a minute of silence. Civility Pledge: The Civility Pledge was recited by the Town Clerk. Mayor Feldman recognized the former Mayor Bernard Featherman and thanked everyone for attending today's meeting. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Feldman called for any additions or deletions to the agenda. Commissioner Riesa asked that the Commission look into reviewing our current boards. She feels some are not being utilized properly. Mayor Feldman asked that this be tabled until the next workshop meeting so that each Commissioner can be prepared and voice their ideas. Mayor Feldman would like to have an open meeting and asked that each department head give a report at the workshop meetings to let the Commission know what is happening in their department. Hearing none, the agenda was accepted as presented. Town Commission Regular Meeting Minutes April 4,2017 Page 2 of 7 2. PUBLIC COMMENTS AND REQUESTS: Mayor Feldman—If a resident has a comment and wishes to have a response, we will try to have an answer for that person at the next meeting, if it is something that can be replied to. Robert Patek, 4217 South Ocean Boulevard read his report into the record regarding the condition of our beaches and our Town and attached as Exhibit"A". Mayor Feldman asked Mr. Patek to present his report to the Town Manager so the Commission can respond and he could understand the position of the Town. 3. PRESENTATION: None. 4. BOARDS AND COMMITTEES: Town Clerk Gaskins read Item 4—Boards and Committees into the record as follows: A) Board Correspondence: • None B) Board Action Report: • Town Clerk Gaskins read the March 2017 report into the record. C) Board Vacancies: • Beaches & Shores Advisory Board — Two Vacancies (One Three Year Term and One Unexpired Term ending July 2017) • Code Enforcement Board — Four Vacancies (One Full Term; Two Unexpired Terms ending May 2017; and One Unexpired Term ending May 2018) D) Monthly Board Meeting: • Town Commission Workshop Meeting—April 25, 2017— 1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: None. 6. CONSENT AGENDA: Town Clerk Gaskins read the Consent Agenda into the record. A) RESOLUTION NO. 17-004 R A RESOLUTION OF THE TOWN COMMISSON OF THE TOWN OF HIGHLAND BEACH, FLORIDA, RATIFYING THE EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF HIGHLAND BEACH AND Town Commission Regular Meeting Minutes April 4,2017 Page 3 of 7 VALERIE OAKES AS TOWN MANAGER COMMENCING ON FEBRUARY 7,2017,AND PROVIDING AN EFFECTIVE DATE B) RESOLUTION NO. 17-007 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPOINTING LANELDA GASKINS AS THE TOWN CLERK EFFECTIVE APRIL 4, 2017, AND PROVIDING AN EFFECTIVE DATE C) RESOLUTION NO. 17-008 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 17-005 It, DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MARCH 14, 2017; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES D) Authorize the Mayor to Execute a Federally Funded Public Assistance State Agreement between State of Florida Division of Emergency Management and the Town of Highland Beach with regards to Hurricane Matthew Preparedness and Recovery E) Request for Approval to Update the Mayor's Office F) Approval of Minutes: o February 28, 2017—Special Meeting o February 28, 2017—Workshop Meeting o March 7, 2017—Regular Meeting The Consent Agenda was approved unanimously. 7. NEW BUSINESS: A) Administer Oath of Office for Newly Appointed Town Clerk Lanelda Gaskins Town Manager Oakes administered the Oath of Office to Lanelda Gaskins as the newly appointed Town Clerk. Town Clerk Gaskins thanked the Commission, staff, her family and friends for their support. B) Eliminate the Duties of Town Clerk Ex Officio from the Town Manager's Responsibilities. MOTION: Vice Mayor Weitz moved to eliminate the duties of Town Clerk Ex Officio from the Town Manager's responsibilities. The motion was seconded by Commissioner Kelvin, which passed unanimously. Town Commission Regular Meeting Minutes April 4,2017 Page 4 of 7 C) Designation of Voting Delegate and Alternate(s) to the Palm Beach League of Cities,Inc. Town Manager Oakes — At the July 6, 2016 Regular Meeting, the Town Commission appointed former Mayor Featherman and the late Commissioner Stern as alternate and voting delegates for the Palm Beach League of Cities. At this time we will need a motion to vote for a new voting delegate and an alternate. MOTION: Vice Mayor Weitz moved to appoint Mayor Carl Feldman as the voting delegate and Commissioner Rhoda Zelniker as the alternate. The motion was seconded by Commissioner Kelvin. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Kelvin - Yes Commissioner Riesa - Yes Commissioner Zelniker - Yes Mayor Feldman - Yes Motion carried 5 to 0. 8. MISCELLANEOUS—ITEMS LEFT OVER: A) Appointment to the Planning Board for an unexpired term ending September 2019 o Al Giachetti, 1118 Bel Air Drive o Michael Kravit, 3700 South Ocean Boulevard, #504 o Peter Rodis, 3224 South Ocean Boulevard, #21613 Mayor Feldman requested that this item be TABLED until the April 25th Workshop Meeting due to Commissioner Riesa's request to review the various boards. MOTION: Vice Mayor Weitz moved to table this item as well as Item 813, discussion regarding a Special Magistrate, until all boards and committees are reviewed and how the Commission prefers to move forward in the future. The motion was seconded by Commissioner Zelniker. ROLL CALL: Vice Mayor Weitz - Yes Commissioner Zelniker - Yes Commissioner Kelvin - Yes Commissioner Riesa - Yes Mayor Feldman - Yes Motion carried 5 to 0. Town Commission Regular Meeting Minutes April 4,2017 Page 5 of 7 B) Discussion regarding Special Magistrate This item was tabled until further notice. 9. REPORTS—TOWN COMMISSION: A) Commissioner Rhoda Zelniker congratulated Lanelda Gaskins on her appointment as Town Clerk. She commented on the Town codes and feels they need to be reviewed and upgraded. She wished all the residents happy and healthy holidays. B) Commissioner Elyse Riesa—No report. C) Commissioner George Kelvin provided comments with regards to the current Town codes pertaining to boatlifts and the newly designed platform boatlifts. He recommended that they look into amending the Town codes to reflect this new technology. Town Manager Oakes — If the Commission would like to discuss this matter further or go ahead and task the Planning Board with that assignment, you could do so. There is an attorney that sits on that Board and would work with them and review the codes. Ultimately it would come back to the Commission for review and approval. Mayor Feldman—A member of the Planning Board gave an in depth presentation at the last meeting regarding this issue, and we should look into this because boatlifts are changing. He had many good ideas on how the code could be changed. MOTION: Commissioner Kelvin moved to task the Planning Board to look into boatlifts and how to change the codes to include the new technology. The motion was seconded by Vice Mayor Weitz. ROLL CALL: Commissioner Kelvin - Yes Vice Mayor Weitz - Yes Commissioner Riesa - Yes Commissioner Zelniker - Yes Mayor Feldman - Yes Motion carried 5 to 0. D) Vice Mayor William Weitz — Congratulations to Lanelda on her appointment. He commented on the criminal activity that has taken place recently in our Town. Our Police Department is doing a fine job in monitoring these cases. To all our residents, please be aware of your surroundings and lock all the doors to your vehicles and your homes. E) Mayor Carl Feldman — Congratulations to Lanelda. We are happy to have her as our Town Clerk. There are some changes I would like to make to our meetings such as Town Commission Regular Meeting Minutes April 4,2017 Page 6 of 7 department heads giving reports on what is happening and what is being done in our community to assist our residents and answer some of their complaints. Town Manager Oakes was authorized to advertise for a full-time Code Enforcement Officer. I am suggesting that we put a hold on this until the next workshop since Chief Hartmann, Building Official Bauer and Town Manager Oakes are working on a program regarding code enforcement. MOTION: Commissioner Kelvin moved to put a hold on advertising for the Code Enforcement position until further notice. There was no second to the motion. Motion failed. Town Manager Oakes will proceed with the advertisement of the Code Enforcement Officer. 10. REPORTS—TOWN ATTORNEY GLEN J. TORCIVIA: • Report on Milani Park I contacted the Director of the Palm Beach County Parks Department to let him know about our concerns. They indicated that they entered into a license agreement with Comcast to store equipment there and use it as a staging area for work they are doing in the Town. They were surprised that Comcast was still there since the agreement is old. I have requested a copy of that agreement. I anticipate that both the County and I will be sending notices to Comcast to move their equipment off the property as soon as possible. 11. REPORTS—INTERIM TOWN MANAGER VALERIE OAKES: o Remineralization Project: A notice to proceed was issued to the low bidder, TLC Diversified, in January and they have been forwarding submittals to the design engineer Global Tech to insure that all construction materials they are providing meet contract specifications. It is anticipated that they will break ground the first week in May. Details will be provided once the project moves into the construction phase. o Code Enforcement: Originally, SAFEbuilt provided us with a part-time code inspector. They were not meeting our needs at that time so we eliminated that service with them. In that timeframe, the Police Department took over code enforcement with the assistance of the Building Department. It allowed us to bridge communication gaps between departments and allowed for us to oversee certain violations that we needed to address. Police officers, our new Building Official Ken Bauer and Carol Holland have been citing code violations. It is now my intention to advertise for a full-time Code Enforcement Officer. I have been reviewing the job description with Police Chief Hartmann. Town Manager Oakes described the new program being used by the Building Department called Smart Gov. and they are looking to add on to that software for additional functions. They are looking to add a code enforcement element which would allow the Police Department to Town Commission Regular Meeting Minutes April 4,2017 Page 7 of 7 have access to it. It is very important for the Police Department, the Code Enforcement Officer and the Building Department to have all the same information. She stated that the residents are very responsive to any code violations, and it is very hard for it to progress from a friendly reminder, which is the initial contact and very rare that it turns into a violation since they respond very quickly. o Congratulations to Lanelda on her appointment as Town Clerk. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS: Peter Rodis, 3224 South Ocean Boulevard commented on the President's visit this weekend and the road closures and traffic restrictions in the Palm Beach area. 13. ADJOURNMENT: There being no further business, Mayor Feldman called for a motion to adjourn the meeting at 2:20 PM. MOTION: Vice Mayor Weitz moved to adjourn the meeting at 2:20 PM. The motion was seconded by Commissioner Zelniker, which passed unanimously. APPROVED: r Carl Peldman, Mayor George Kelvin,y(okmissioner William Wei z, Vice ayor lyse a, mmissioner o a Zelniker, mmissioner ATTEST:- _ -7 Lanelda Gaskins, MMC hate Town Clerk X f//Chi 7 APRIL 4, 2017 HIGHLAND BEACH COMMISSION MEETING THE BEACH WHEN IT COMES TO THE TOWN TAKING THE INITIATIVE AND SPENDING ANY MONEY TO MAINTAIN A CLEAN,SAFE& HEALTHY BEACH THE ENTIRE BEACH IS CONSIDERED PRIVATELY OWNED BUT WHEN IT COMES TO ITS USE IT IS CONSIDERED AND USED AS A PUBLIC BEACH FOR ALL THE TOWN TO ENJOY. WHICH IS IT? EITHER THE BEACH IS TOTALLY PRIVATE ALLOWING PROPERTY OWNERS TO FENCE AND PROTECT THEIR PROPERTY STOPPING ALL TRESSPASSING AND THE TOWN CLOSES ALL DEEDED BEACH ACCESS OR AS SURVEY'S SHOW IT IS BOTH PRIVATE AND PUBLIC PROPERTY AND THE ENTIRE TOWN TAKES RESPONSIBILITY FOR MAINTAINING THE BEACH IN EXCHANGE FOR THE PRIVATE PROPERTY OWNERS ALLOWING CONTINUED FULL BEACH USAGE FOR THE TOWNS ENJOYMENT. PICK ONE OR THE OTHER BUT YOU CAN NO LONGER HAVE BOTH AND PUT ALL THE RESPONSIBILITY ON THE BEACHFRONT HOMEOWNERS! MY EAST PROPERTY LINE IS 60' FROM MY SEAWALL,AS SHOWN AT HIGH TIDE YESTERDAY BY THE GREY POLE IN MY PHOTOS.AS YOU CAN SEE ALL THE CURRENTLY WASHED UP WEED AND TRASH AT HIGH TIDE ARE ON PUBLIC PROPERTY AND NONE OF IT IS ON MY PROPERTY. THE TOWN NOW HAS DECADES OF TRASH AND DEBRIS MIXED AND BURIED IN OUR BEACH SAND ALONG WITH PARASITES FROM DOG MANURE DUE TO ITS FAILURE TO MAINTAIN OUR BEACH AND THE ONGOING TRACTOR RAKING & BURYING PRACTICE CONTRACTED BY RESIDENTS.WE ARE NOW WAITING 600 YEARS FOR TODAYS DEBRIS TO BIODEGRADE&ADD ANOTHER DAY FOR EVERY FUTURE DAY OF INCOMING TRASH THAT IS NOT REMOVED. 7 � c�larc.1 -PA-1 e-L -a4l-ci per- em � �'r}� 17 �_� �..��;�� �, �-�t, I AM TIRE OF LIVING ON THE EDGE OF A GARBAGE DUMP& LAND FILL. BOTH THE DEP AND HEALTH DEPT. HAVE ASSURED ME THAT THE TOWN HAS OVERSIGHT,AUTHORITY& THE RESPONSIBILITY TO MAINTAIN THE BEACH &TO INSURE ITS' RESIDENTS THAT THE BEACH IS A CLEAN,SAFE AND HEALTHY ENVIRONMENT FOR BEACH ACTIVITIES. THERE ARE ONLY TWO WAYS TO PROPERLY CLEAN THE BEACH: FIRST WOULD BE TO HIRE A CONTRACTOR TO RAKE AND REMOVE ALL DEBRIS IN A UNIFORM WAY. SECOND WOULD BE FOR THE TOWN TO HAVE THEIR EMPLOYEES,WHILE EMPTYING THE BEACH TRASH CANS, PICKUP ALL THE MAN-MADE WASTE AND LEAVE A NATURAL WEEDLINE. STOP THE PRACTICE OF RAKING AND BURYING EVERYTHING THAT WASHS UP ON OUR BEACH AND THE MULTIPLE TRACTORS CAUSING NOISE,TIRE RUTS AND GENERAL CHAOS ON OUR BEACH AND START TAKING CARE OF OUR TOWN'S MOST IMPORTANT ASSET. I I I' THE TOWN OVER THE LAST DECADE THE TOWN'S BEAUTY HAS BEEN DEMINISHING RAPIDLY. THE TOWN OFFICIALS HAVE: • TOTALLY IGNORED OUR BEACH • ALLOWED, OUR TOWN TO LOOK LIKE A CONCRETE GRAVEYARD WITH MONUMENTAL CONCRETE POWER POLES WHILE ALLOWING THE OLD POLES TO STAY IN PLACE FOR YEARS • ALLOWED,THE RIGHT-A-WAYS&GRASS SWELLS TO BECOME PARKING LOTS WITH TIRE TRACKS RUINING THE GREEN AREAS • DURING ELECTIONS ALLOWING CANDIDATES TO ILLEGALLY TRASH OUR TOWN WITH SIGNAGE SINCE THE TOWN HAS NOT ARRANGED FOR APPROPIATE PARKING FOR ON-GOING BUILDING CONSTRUCTION ALONG AIA IT IS A CONSTANT MESS CAUSING TRAFFIC AND SAFETY PROBLEMS WITH UNSIGHTLY CONSTRUCTION SITES,VEHICLES PARKED ON OR WITHIN INCHES OF THE ROAD AND IN THE SWELLS EVERYWHERE MAKING OUR 3 MILES OF A1A ONE OF THE MOST DANGEROUS DRIVES ALONG THE COAST. SUNDAYS ARE THE ONLY DAYS YOU CAN DRIVE ALONG AIA WITHOUT CONSTRUCTION TRAFFIC AND NOW YOU HAVE TO DEAL WITH 100'S OF BIKER'S RIDING SHOULDER TO SHOULDER WITH NO REGARD FOR ANYONE OR THE LAW. NO CHANCE OF GETTING A SPEEDING TICKET IN THIS TOWN NOW SINCE YOU CANNOT EVEN DRIVE CLOSE TO THE SPEED LIMIT WHEN IT USE TO BE A SPEED TRAP. MY BEAUTIFUL SUNSET VIEW OVER BOCA IS NOW 2-40 FOOT CONCRETE POLES 2-20'WOOD POLES AND A DOZEN WIRES SPREAD OVER 30 FEET IN HEIGHT. WHY HAVEN'T THESE UTILITIES BEEN BURIED YEARS AGO? I AM SURE THAT THE TOWN DID NOT CONTEST OR LOBBY TO STOP THE SPANISH RIVER INTERCHANGE AT 1-95,THE SPANISH RIVER DOG BEACH,OR THE OVER DEVELOPMENT OF DOWNTOWN BOCA.WHEN ALL THIS IS COMPLETE& IN FULL USE WE ALL WILL NEED A HELICOPTER TO GET IN &OUT OF OUR TOWN. I HOPE THAT OUR NEWLY ELECTED OFFICIALS WILL FIX OUR BROKEN TOWN. WE DO NOT NEED: • MORE GREEN SPACE TO END UP RUDDED PARKING LOTS • MORE PARKS WITH 3 MILES OF NUMEROUS PARKS JUST NEXT DOOR • A NEW SIDEWALK • BENCHES, COVERED REST AREAS, EXCERISE STATIONS&ART TO CLUTTER UP A NO- FRONT- YARD-SWELLED- RIGHT-A-WAY COMMUNITY TO CREATE DRIVER DISTRACTIONS,A PLACE FOR THE HOMELESS TO SHELTER& MAKE OUR RESIDENTS SITTING TARGETS FOR BAD DRIVERS. THE TOWN NEEDS: • HIGHER SEAWALLS ON THE INTERCOASTAL WITH THE RISING OCEAN AND TIDES EVEN THE SLIGHTEST STORM SURGE WILL FLOOD OUR TOWN • MILANI PARK FOR A PARKING LOT AND VEHICLE BEACH ACCESS • SEVERAL VEHICLE BEACH ACCESS POINTS SO THE RESIDENTS AND TOWN CAN MAINTAIN THE DUNE, BEACH AND ENFORCE LAW • IMPLEMENT A PLAN TO MAINTAIN ALL PUBLIC AREAS INCLUDING THE BEACH • A VIABLE POLICE FORCE WITH THE LATEST EQUIPMENT TO ENFORCE THE LAW • STORM WATER MANAGEMENT I AND A MAYOR&COMMISSION WITH THE VISION AND THE DESIRE TO MAKE HIGHLAND BEACH GREAT. 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