2017.03.28_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION
WORKSHOP MEETING
Tuesday, March 28, 2017 1:30 PM
Vice Mayor William Weitz called the Workshop Meeting to order in the Town Commission
Chambers at 1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Vice Mayor William Weitz, Ph.D; Commissioner George
Kelvin; Commissioner Elyse Riesa and Commissioner Rhoda Zelniker. Member absent:
Mayor Carl Feldman. Also present: Town Attorney Glen Torcivia; Town Manager Valerie
Oakes; Deputy Town Clerk Lanelda Gaskins; Police Chief Craig Hartmann; Finance Director
Cale Curtis; Public Works Director Ed Soper; Library Director Lois Albertson; 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 Deputy Town Clerk.
1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA:
Vice Mayor Weitz called for any additions or deletions to the agenda.
Item 7D: Vice Mayor Weitz added a discussion regarding a Special Magistrate.
Hearing no further additions or deletions,the agenda was accepted as amended.
2. PUBLIC COMMENTS AND REOUESTS:
Carol Stern thanked everyone for their sympathy and kindness during her time of grief
during the passing of Commissioner Louis Stern.
Charles Shane, 3740 South Ocean Boulevard and member of the Planning Board
commented on the role of the Planning Board regarding boatlifts and the newly designed
platform boatlifts. These boatlifts are more aesthetically pleasing as opposed to the raised
sling style boatlifts that have very visible pilings. The issue was raised that the platform
could become an extension of the property. He made his recommendations regarding the
height of the platform boatlifts to avoid this issue.
Town Commission Workshop Meeting Minutes
Tuesday, March 28,2017 Page 2 of 10
Barry Donaldson, 3700 South Ocean Boulevard commented on the building elevations west
of AIA. He read his letter to the Town Commission dated March 28, 2017 into the record
and attached as Exhibit"A".
Carl Gehman, 1123 Highland Beach Drive congratulated the newly elected officials.
3. PRESENTATIONS/PROCLAMATIONS:
A) Proclamation:
• Water Conservation Month April 2017
Deputy Town Clerk Gaskins read the proclamation into the record.
4. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• None
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 Unexpired Term ending March
2017; Two Unexpired Terms ending May 2017; and One Unexpired Term ending
May 2018)
• Planning Board
o Talent Bank Interviews—(Unexpired Term ending September 2019)
• Al Giachetti, 1118 Bel Air Drive was absent.
• Michael Kravit, 3700 South Ocean Boulevard #504 stated his credentials
and gave a brief description of his background. He is very interested in
serving the community and becoming a member of the Planning Board.
• Peter Rodis, 3224 South Ocean Boulevard #216B has been a resident of
Highland Beach for 16 years. He has served on other boards in the Town
and gave a brief description of his credentials and background.
Consensus was to place this item on the April 4ffi regular meeting agenda under
Miscellaneous—Items Left Over.
D) Monthly Meetings and Events:
• Town Commission Regular Meeting—April 4, 2017— 1:30 PM
• Town Commission Workshop Meeting—April 25, 2017— 1:30 PM
Town Commission Workshop Meeting Minutes
Tuesday,March 28,2017 Paze 3 of 10
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) RESOLUTION NO. 17-006 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, RATIFYING THE EMPLOYMENT
AGREEMENT BETWEEN THE TOWN OF HIGHLAND BEACH AND
VALERIE OAKES AS TOWN MANAGER COMMENCING ON FEBRUARY 7,
2017 AND PROVIDING FOR AN EFFECTIVE DATE
Deputy Town Clerk Gaskins read Resolution No. 17-006 R into the record.
Town Manager Oakes — On February 28, 2017, by unanimous vote, the Town
Commission appointed myself as the Town Manager. The Town's Charter section 2.01
(21), Enumeration of Powers 0 Town Manager states "to provide by resolution for the
employment of a Town Manager and to prescribe the duties and fix compensations".
Therefore, Resolution No. 17-006 R shall ratify and confirm the executed employment
agreement that was signed by the Mayor and Valerie Oakes.
Consensus was to place this item on the April 4, 2017 regular meeting Consent Agenda.
B) RESOLUTION NO. 17-007 R
A RESOLUTIOM 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
Deputy Town Clerk Gaskins read Resolution No. 17-007 R into the record.
Town Manager Oakes asked the Commission to consider appointing Lanelda Gaskins
as the Town Clerk. She began her employment with the Town of Highland Beach in
July of 2016 and during this timeframe I have had the opportunity to assess her skills.
She is a qualified professional who holds the Master Municipal Clerk designation, and
the Town of Highland Beach would benefit greatly by having her as the Town Clerk.
Lanelda Gaskins has stated that she would be honored to accept the position if it is the
desire of the Town Commission.
Consensus was to place this item on the April 4, 2017 regular meeting agenda Consent
Agenda appointing Lanelda Gaskins as Town Clerk at which time she would be sworn
in.
Town Commission Workshop Meeting Minutes
Tuesday,March 28,2017 Page 4 of 10
6. CONSENT AGENDA:
Deputy Town Clerk Gaskins read the Consent Agenda into the record.
A) RESOLUTION NO. 17-008 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 17-005 R,
DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON
MARCH 14, 2017; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES
Town Manager Oakes — Resolution No. 17-005 R inadvertently omitted the total
recorded number of ballots that were casted. Deputy Town Clerk Gaskins read the
correct numbers into the record(1,134).
Consensus was to place this item on the Consent Agenda for the April 4t' regular
meeting.
7. NEW BUSINESS:
A) 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.
Town Manager Oakes — On October 8, 2016, President Barack H. Obama issued a
Major Disaster Declaration for the State of Florida as a result of Hurricane Matthew.
This declaration authorized Public Assistance funding for eligible disaster recovery
efforts in a variety of Florida Counties, including Palm Beach. Town Staff, along with
FEMA representatives, has determined the Town has eligible disaster recovery efforts
totaling $10,607.93. The agreement provides the terms necessary to receive funding
assistance for the Town's efforts with regard to Hurricane Matthew preparedness and
recovery.
Consensus was to place this item on the Consent Agenda for the April 4t' regular
meeting.
B) Request for Approval to Update the Mayor's Office.
Town Manager Oakes — In 2010, there were minor interior improvements made to the
north side of the Town Hall building that included painting, resurfacing the
countertops, and purchasing furniture for the lobby area for the residents' use. The
Mayor's office, Commissioners' offices, Town Clerk's Office and the Finance
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Tuesday,March 28,2017 Paze 5 of 10
Department were not updated and have remained the status quo in over a decade. Upon
inspection of the Town Hall offices (north end), I found that the carpeting is old and
deteriorated, furniture is outdated and worn, and the setup is inefficient. In the FY
2017/2018 budget, I will provide you with a request as part of the Capital Improvement
Plan to modernize these areas.
At this time, I am requesting to update the Mayor's Office including, but not limited to,
painting, carpet replacement and updating the furniture.
While the Purchasing Policy and Procedures allows the Town Manager to expend up to
$10,000 of unbudgeted funds, I am requesting the Commission's approval to proceed
with the update of the Mayor's office.
Consensus was to place this item on the Consent Agenda for the April 4t' regular
meeting.
C) Approval of the Town Commission Meeting Minutes:
o February 28, 2017—Special Meeting
o February 28, 2017—Workshop Meeting
o March 7, 2017—Regular Meeting
Consensus was to place this item on the Consent Agenda for the April 4h regular
meeting.
D) Discussion regarding Special Magistrate
Vice Mayor Weitz — The current Code Enforcement Board has four vacancies. We
have been dealing with the issue of code enforcement for many years. One way of
dealing with this is to have a Code Enforcement Officer and the other a Special
Magistrate who can make appropriate decisions when there is a violation with respect
to what is legal and sustaining.
Discussion ensued regarding the Code Enforcement Board versus a Special Magistrate
and the cost involved for each. A Special Magistrate is an attorney that understands
state statutes and our local code of ordinances. The Code Enforcement Board is made
up of seven Town residents. Town Manager Oakes stated that she will be advertising
for the Code Enforcement Officer position within the next week.
In answer to Commissioner Kelvin's question, Town Attorney Torcivia stated that you
can have either a Code Enforcement Board or a Special Magistrate. They both have the
exact same powers and both can impose a fine. He explained the process.
Commissioner Riesa was concerned about who would have more objectivity, the Board
or the Special Magistrate, in front of someone who is disobeying and going against our
codes. Her other concern was whether or not the members of the Code Enforcement
Town Commission Workshop Meeting Minutes
Tuesday,March 28,2017 Page 6 of 10
Board have the proper qualifications, and if there is an appeal process. Town Attorney
Torcivia explained the appeal process.
Commissioner Zelniker commented on our codes and believes many of them have to be
reevaluated. She feels there is a need for a Code Enforcement Board. The decision to
have a Special Magistrate should be put on hold until a new Code Enforcement Officer
is hired and the Code Enforcement Board is restructured.
Town Manager Oakes — Just because cases do not come before the Code Enforcement
Board, it does not mean that staff is not conducting reviews of code violations. The one
amazing thing I can say about our residents is that when we call, they respond and they
address these issues. We are constantly working to make things better. She asked the
Town Attorney to address the comment made about community involvement for the
Code Enforcement Board because there are limitations as to what that board can do. If
there are any issues, that litigation is between the Town and said person, not the Code
Enforcement Board.
Town Attorney Torcivia stated that it is important that the Code Enforcement Board
member be aware that their job is not to be an advisor, but their job is to be a judicator
of claims. If there is an issue appearing on the agenda, they cannot look into it or speak
to anyone about it.
Consensus was to place this item on the April 4"' agenda regular meeting for further
discussion.
8. MISCELLANEOUS—ITEMS LEFT OVER:
None.
9. REPORTS—TOWN COMMISSION:
A) Commissioner Elyse Riesa—No report.
B) Commissioner George Kelvin requested that the Town Attorney write a letter to Palm
Beach County asking them to respect the codes and ordinances of the Town of
Highland Beach. Palm Beach County is using the Milani Park property as a storage
facility and parking lot. It is unsightly and not in the best interest for Highland Beach.
By consensus, the Commission agreed to Commissioner Kelvin's request.
C) Commissioner Rhoda Zelniker — The swearing in ceremony was wonderful and so
was the Spring Fling Community event. We have a tremendous amount of support
from our residents. Thank you to our Town Manager and all of the staff for making
this event a success and such a fun filled day.
Town Commission Workshop Meeting Minutes
Tuesday, March 28,2017 Paize 7 of 10
In response to Mr. Donaldson's comments, the flooding situation is being worked on at
this time by Florida Department of Transportation(FDOT). Our Public Works Director
Ed Soper works diligently with FDOT and accomplishes many good things. We are
also looking into our codes and ordinances.
D) Vice Mayor William Weitz — I want to thank the Town Manager, the Town
supervisors,the staff and all the volunteers who truly made the Spring Fling a really fun
time. A special thanks to Dave Ailstock for being my helper at the barbecue.
E) Mayor Carl Feldman
• Discussion regarding boatlifts
Mayor Feldman was not present for this meeting and this item will be moved to the
April 4d' agenda under his report.
9. REPORTS—TOWN ATTORNEY GLEN TORCIVIA:
o Brief on Milani Park
Town Attorney Torcivia presented the history of Milani Park which began in 2001 when the
County planned on turning that property into a park. In 2009 there was a lawsuit between
the County and the Town of Highland Beach and there was a June 2010 settlement
agreement. The County agreed that they would not develop the park for 10 years (2020),
but they had the right in 2020 to develop the park. They have to give the Town notice in
2019 as to whether or not they would proceed with this development, or they have an option
to extend their time for five more years, and at that time they have another five year option.
They have a total of up to 2030 before they have to make their final decision.
Commission Discussion:
Commissioner Kelvin— Is the Palm Beach County bound by the rules and regulation of the
Town of Highland Beach? Town Attorney Torcivia — They are and if they are violating
those rules by parking construction vehicles at the site, we will write them a letter and could
site them for a code violation.
Commissioner Riesa—I am very concerned, along with many of the residents of this Town,
about Milani Park. We need to become more active and perhaps we can form a committee
of people who live adjacent to Milani Park to come up with some type of action that can be
proposed to the County to leave the park area green.
Vice Mayor Weitz — Mayor Feldman has been moving with members of Boca Highlands
and the Town with a petition for residents to sign and making this an issue before the 2020
Town Commission Workshop Meeting Minutes
Tuesday,March 28,2017 Paite 8 of 10
date. Legally, there is an existing agreement. We do need to move forward with the critical
issue at hand with respect to the parking at Milani Park.
Town Attorney Torcivia — The best solution is political pressure. It could behoove this
Commission to speak with the County Commissioner Steve Abrams and other
Commissioners to modify this agreement. In speaking with staff at the Palm Beach Parks &
Recreation,they truly intend to develop this into a park.
10. REPORTS—TOWN MANAGER VALERIE OAKES:
o I also want to thank the Town staff for all their help in making the Spring Fling a huge
success. In keeping with our records retention law, at the Spring Fling we were able to
dispose of 54-1/2 boxes, which was done with State retention approvals.
o Regarding our water main replacement project Phase I, the new water mains are now in
service. Town Manager Oakes presented an update on the remainder of the project and
Phase II and stated that the project remains ahead of schedule.
o Bel Lido bridge update—Mathews Consulting has provided a condition assessment of the
bridge based on the results of the Florida Department of Transportation (FDOT) 2016
inspection. Town staff is working with FDOT to finalize their report and produce
specifications suitable for bidding. A future capital expenditure request for the
recommended bridge repairs will be submitted to the Commission for their consideration.
o Crosswalk update — As a result of the FDOT's road safety audit, they are proposing to
replace the existing crosswalk signage at Boca Highlands with new pedestrian activated
LED crossing signs. This will be a beta site which will include a pre and post analysis of
the effectiveness of this enhanced warning system. They will also review the remaining
crosswalks and signage throughout the Town to determine if they could be upgraded to
improve reflectivity thus provide for greater drive awareness and pedestrian safety.
Vice Mayor Weitz — Regarding the water main project, did we come in under budget?
Town Manager Oakes — Yes, we are currently under budget. Vice Mayor Weitz — This
Commission discussed the possibility of coverage of the tank if there were monies available.
Town Manager Oakes —We are trying to make sure that we do come in under budget so we
can proceed with the Commission's desire for the coverage of the tank.
11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS
DISCUSSED AT MEETING ONLY:
Myles Schlam, 3594 South Ocean Boulevard — I am a licensed attorney and would be
interested in being considered for the Special Magistrate position or as an alternate.
Town Commission Workshop Meeting Minutes
Tuesday,March 28,2017 Page 9 of 10
Carol Stern, 1115 Russell Drive — Is there any possible way we can buy back Milani Park
from Palm Beach County and make it our own? Town Attorney Torcivia — Perhaps they
would sell it for the right price. Mrs. Milani has the right of first refusal. There was a
meeting over the past year between Mrs. Milani's representative and the County, and they
were not interested in selling it back to her at that time. She also did not want this parcel to
be developed into a park. This is going to be a political decision.
Barry Donaldson, 3700 South Ocean Boulevard — I am very encouraged by the remarks on
Milani Park. It is important we keep on top of this issue. There is a parcel of land south of
Toscana and I would encourage the Commission to think about purchasing this land and
keeping it green.
Tim Burnich, 4505 South Ocean Boulevard commented on the Code Enforcement Board
and the reason for the vacancies on that Board. He is a firm believer in the Code
Enforcement Board.
Harry Adwar, 4740 South Ocean Boulevard commented on the Milani Park issue. Mrs.
Milani indicated to him that she has the first right of refusal. There is a petition in the works
to try and stop the County from putting in a park.
Carl Gehman, 1123 Highland Beach Drive is in favor of having a Special Magistrate.
Beverly Knight, Broker for Highland Beach real estate commented on the history of Milani
Park. She stated that it is important to remember that it is an Indian burial ground and
nothing can be built on it because it is sacred land. The Town of Highland Beach hired a
firm to survey the land and they found that it was indeed a burial ground.
Vice Mayor Weitz—This is an excellent point because the Native Americans are one of the
most powerful forces in Florida. This is another area that we could pursue.
12. ADJOURNMENT:
There being no further business to come before the Commission, Vice Mayor Weitz called
for a motion to adjourn the Workshop Meeting at 2:43 PM.
MOTION: Commissioner Kelvin moved to adjourn the workshop meeting at 2:43 PM.
The motion was seconded by Commissioner Riesa, which passed unanimously.
Town Commission Workshop Meeting Minutes
Tuesday,March 28,2017 Paae 10 of 10
APPROVED:
Absent
Carl Feldman, Mayor
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William Weitz, Vice Mayor
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Verie Oakes, CMC Date
Town Clerk Ex Officio
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Barry Donaldson
3700 S Ocean Boulevard, 1608
Highland Beach, FL 33487
561-445-6446 bdonaldson@donaldsongroup.com
March 28, 2017
The Town of Highland Beach Mayor and Commissioners
3614 South Ocean Blvd.
Highland Beach, FL 33487
To: The Town of Highland Beach Mayor and Commissioners
RE: Community Action Point No. 1
Building Elevations West of Al A
As you know, the area that eventually became the Town of Highland Beach was
part of the historic 1890 dredging operation by the Florida East Coast Transportation
Company. It formed a barrier island that is now our small Town consisting of a scant
.5 square miles of dry land and .6 square miles of water.
As a barrier island, it is important that decisions affecting the built and natural
environment in our Town be consistently and comprehensively thought of in terms of
our existence as a delicate, low-lying, narrow strip of land between two appreciable
bodies of fluctuating water. This includes consideration of the proposed
improvements to reduce flooding along Al A as well as the design and materials for
the proposed walkways and construction of residences in our community. All of
these topics are related, but time limits me to one topic today, so I am focusing on
on the building elevations of residences west of Al A in this Community Action Point
No. 1
For anyone who has lived here any appreciable amount of time it is obvious from
casual observation that we are experiencing shifts in our coast line and changing in
the Intracoastal Waterway sea levels. We commonly see saturated soils and
flooding on Al A following typical Florida rain storms and even more following major
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rain events. The most recent report on flooding on Al A prepared by the FDOT notes
water cresting above at least one sea wall during a King Tide that flooded an
adjacent parking lot. I have heard antidotal stories of homeowners who intend to
elevate their sea walls by one foot when next needing repair or replacement to
counter both king tides and wakes from boats along our portion of the Intracoastal
Waterway.
From casual observation it is also apparent that the Town of Highland Beach is
approaching build-out of vacant properties. As a result we are already seeing the
market shift to tear-downs of existing residences and reconstruction.
As far as I can determine, other than a cursory review of the FEMA flood elevations,
the Town has never undertaken an examination of the effects of these changes on
our Town, yet our very existence may depend on doing just that. We need to better
plan for a future that will likely continue to involve rising levels of water and shifts
along our shore line.
To that end, I am requesting two items in this Community Action Point Number 1 for
consideration and action by the Town Commission and its advisory Boards.
1 . That the Town identify resources and funding sufficient to engage
professionals to undertake a review of key items we may need to consider in
meeting the future needs of the Town of Highland Beach in light of changes
in our environment. I might suggest this be coordinated through the Board
of Beaches and Shores under the direction of the Town Manager.
2. That the Mayor and Commissioners direct its Planning Board to evaluate a
change in our Planning and Zoning Ordinance to raise the allowable
elevation of the first floor of occupancy for new construction west of Al A
without affecting the overall allowable height of the structure itself. For
example, a proposed thirty-five foot maximum structure would still be thirty-
five feet high, but the measurement would start above a newly defined
elevation from the established FIRM elevation created by FEMA.
This change will enable our residents to elevate their new structures without
penalizing them for the added height to help counter the likely long-range
effects of rising water on our barrier island. I am also asking that professionals
be engaged to evaluate and report to the Planning Board as part of their
assignment to recommend specific language on any changes to the
Planning and Zoning Ordinance and maps.
2 ■®
Thank you for your consideration of these two items important to the future of
the Town of Highland Beach.
Sincerely,
Barry Donaldson, AIA
IM GINE
and
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