2017.07.05_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
TOWN COMMISSION REGULAR MINUTES
Wednesday, July 5, 2017 1:30 PM
CALL TO ORDER:
Mayor Carl Feldman called the meeting to order at 1:30 PM.
PRESENT UPON ROLL CALL: Mayor Carl Feldman; Vice Mayor William Weitz, Ph.D.;
Commissioner George Kelvin; Commissioner Elyse Riesa and Commissioner Rhoda Zelniker;
Town Attorney Glen Torcivia; Town Manager Valerie Oakes and Town Clerk Lanelda Gaskins.
ALSO PRESENT: Police Chief Craig Hartmann; Finance Director Cale Curtis; Library
Director Lois Albertson; Public Works Director Edward Soper; Building Official Valentino
Perez and Building Department Office Manager Carol Holland.
Pledge of Allegiance: The Pledge of Allegiance was led by Commission, followed by a
moment of silence.
Civility Pledge: The Civility Pledge was recited by the Town Clerk.
1. ADDITIONS, .DELETIONS OR ACCEPTANCE OF AGENDA:
Mayor Feldman called for any additions or deletions to the agenda. There being none, the
agenda was accepted as presented.
2. PUBLIC COMMENTS AND REOUESTS:
Tim Burnich, 4505 South Ocean Boulevard commented on Section 16-3 (Town's Code of
Ordinances) which governs the parking of vehicles on the AIA right-of-way and why it is
not enforced; especially the Delray Sands Resort. Police Chief Hartmann explained that
they are working on it and giving them solutions as to where they can park for holidays and
special events. Vice Mayor Weitz commented about the significant parking on the grass
area north of the Enclave.
3. PRESENTATION:
None.
Town Commission Regular Minutes
July 5, 2017 Paze 2 of 6
4. BOARDS AND COMMITTEES:
Town Clerk Gaskins read Items 4A through 4D into the record.
A) Board Correspondence:
• None
B) Board Action Report:
• None
C) Board Vacancies:
• Financial Advisory Board — One Vacancy (Three -Year Term)
D) Monthly Board Meetings and Events:
• Town Commission Budget Meeting — July 25, 2017- 9:30 AM
• Town Commission Workshop Meeting — July 25, 2017 —1:30 PM
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 17-0010 — FIRST READING
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
AMENDING THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER
20, "PLANNING AND DEVELOPMENT", ARTICLE VI, "FLOODPLAIN
MANAGEMENT", DIVISION 1, "ADMINISTRATION", SECTION 20-341,
"APPLICABILITY", SUBSECTION (C), "BASIS FOR ESTABLISHING FLOOD
HAZARD AREAS", OF THE CODE OF ORDINANCES TO UPDATE THE DATE
OF THE FLOOD INSURANCE STUDY AND FLOOD INSURANCE RATE MAPS;
PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
Town Clerk Gaskins read the title of Ordinance No. 17-0010 into the record.
Town Manager Oakes explained that the Town of Highland Beach participates in the
National Flood Insurance Program. This ordinance will identify the effective date of the
revised Flood Insurance Study and Flood Insurance Rate Maps. If approved on first
reading, this ordinance will be adopted on the August 1St meeting for a second reading.
Mayor Feldman commented on raising the construction higher when in a floodplain area.
Town Manager Oakes replied that they addressed issues to that last year when they had a
code change.
MOTION: Commissioner Riesa made a motion to adopt Ordinance No. 17-001 O on first
reading. The motion was seconded by Commissioner Zelniker.
Town Commission Regular Minutes
July 5, 2017 Page 3 of 6
UPON ROLL CALL:
Commissioner Riesa -
Yes
Commissioner Zelniker -
Yes
Commissioner Kelvin -
Yes
Vice Mayor Weitz -
Yes
Mayor Feldman -
Yes
The motion passed by a 5 to 0 vote.
6. CONSENT AGENDA:
own Clerk Gaskins read the titles of Consent Agenda Items 6A through 6I into the record.
A) RESOLUTION NO. 17-012 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR
INCLUSIVE LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
ON BEHALF OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AND
PROVIDING FOR AN EFFECTIVE DATE.
B) Designate the Town Manager as the Signatory Authority for the Standard Hold
Harmless/Maintenance Agreement.
C) Authorize the Mayor to Execute the Agreements between the Town of Highland Beach
and Ashbritt, Inc. for Debris Management and Support Services.
D) Authorize the Mayor to Execute the Agreements between the Town of Highland Beach
and Philips & Jordan, Inc., for Debris Management and Support Services.
E) Authorize the Mayor to Execute the Agreements between the Town of Highland Beach
and Thompson Consulting Services, Inc. for Debris Management and Support Services
F) Approval of the Fund Balance Policy and Authorize Staff to Transfer Funds in the
Amount of $641,460 to the Water Fund Assigned Fund Balance and in the Amount of
$284,130 to the Sewer Fund Assigned Fund Balance.
G) Authorize the Mayor to Execute Amendment No. 4 to the Tower Siting Lease
Agreement between Sprint Realty Company, LLC and the Town of Highland Beach.
H) Designate Mayor Feldman as the Voting Delegate, and Commissioner Zelniker as the
Alternate for the 91St Annual Florida League of Cities Conference August 17 —19, 2017.
Town Commission Regular Minutes
July 5, 2017 Page 4 of 6
I) Approval of Town Commission Meeting Minutes:
• May 30, 2017 —Workshop Meeting
• June 6, 2017 — Regular Meeting
MOTION: Vice Mayor Weitz made a motion to approve Consent Agenda Items 6A
through 6I as presented. The motion was seconded by Commissioner Zelniker, which
passed unanimously.
7. MISCELLANEOUS — ITEMS LEFT OVER:
None.
8. REPORTS — TOWN COMMISSION:
A) Commissioner Elyse Riesa had no report.
B) Commissioner George Kelvin had not report.
C) Commissioner Rhoda Zelniker commended the Ad Hoc Citizen Streetscape
Committee for doing a great job. She provided comments about an article that she
found in the Wall Street Journal titled "Volvo will go all electric by 2019, drop
traditional engines."
D) Vice Mayor William Weitz had no report.
E) Mayor Carl Feldman announced that the Budget Workshop Meeting is on July 25th at
9:30 AM and encouraged the residents to attend this meeting since it is important. He
mentioned that the Ad Hoc Citizen Streetscape Committee meeting was held June 30, 20179
and he gave an update on the progress of the committee. The complete walkway will be
made of concrete with a pebble design. There will be new landscaping and new signage at
both ends of the Town.
9. REPORTS — TOWN ATTORNEY GLEN J. TORCIVIA:
Town Attorney Torcivia asked for direction regarding the marijuana issue and whether or
not this Commission would want to have an ordinance that would prohibit having any
dispensaries in Town on commercial properties. Since there is already an ordinance in place
that does not allow commercial businesses in Town, there should be no problem. Currently
the Delray Sands Resort is the only commercial business in Town.
Town Commission Regular Minutes
July 5, 2017 Page 5 of 6
Commission Discussion:
Discussion ensued regarding whether or not the Commission wanted an ordinance to
address medical marijuana dispensary. Commissioner Kelvin indicated that he has shares in
a medical Marijuana company but would be against any dispensaries in the Town and does
not see the need for an ordinance. At this time there was a consensus that an ordinance is
not needed. \
Town Manager Oakes indicated that if someone applied for a re -zoning in the future and it
was approved, technically it could be done. She suggested putting this into effect at this
time would prevent this from happening in the future. Town Attorney Torcivia explained
that the State has overruled the local communities by saying that your only choice is to
prohibit it or treat it the same as you would other commercial properties. The risk is small
and many cities are doing it.
After further discussion, the consensus was to add a language to the ordinance stating "the
Town prohibits medical marijuana dispensaries".
Town Attorney Torcivia addressed the memo from the Florida League of Cities regarding
the Wireless Communication Act that goes along with the theme of the legislature
restricting governments. It is important that the Town is protected as much as it can within
the limits of what the legislature has left you. Discussion ensued regarding the placement of
towers on condominiums and additional towers on Town property. Town Attorney Torcivia
will look into this.
10. REPORTS — TOWN MANAGER VALERIE OAKES:
o There is a Budget Workshop meeting on Tuesday, July 25th at 9:30 AM. This meeting is to
tentatively adopt the millage rate for the 2017/2018 fiscal year. Town Manager Oakes
explained the budget process and how the millage rate is set.
o Update on Remineralization Project: Support pilings are curing and compression test are
being performed on the concrete. FP&L has begun removing the redundant utility poles
along A 1 A corridor.
o Water Treatment Update: RO Train B has been performing well since the new
membranes have been installed. The membranes in Train C will be replaced on July 10th.
o The Highlander will be coming out early next week.
o The Library will be showing "The Pacifier" on Friday at 1:00 PM.
Library Director Lois Albertson referred to the monthly Library Newsletter which lists all
the activities available in the Library. They are also available on the website and posted on
the bulletin boards at the Post Office and Town Hall. Mayor Feldman commended her on
doing an excellent job. Commissioner Riesa requested these newsletters be sent to the
condominiums for posting on their bulletin boards.
Town Commission Regular Minutes
July 5, 2017 Page 6 of 6
11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS:
Tim Burnich, 4505 South Ocean Boulevard suggested giving parking permits to people who
need extra parking such as the Delray Sands or someone having a special event.
12. ADJOURNMENT:
There being no further business, Mayor Feldman called for a motion to adjourn the meeting
at 2:15 PM.
MOTION: Vice Mayor Weitz motion to adjourn the regular meeting at 2:15 PM. The
motion was seconded by Commissioner Zelniker, which passed unanimously.
APPROVED:
ATTEST:
a
Yanelda Gaskins, MM
Town Clerk
ad
Cayor
a,
William Weitz, Vice Mayor
Geoe Kel in, Commissioner
August 1, 2017
Date