2017.09.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
3614 South Ocean Boulevard,
Highland Beach, Florida
TOWN COMMISSION REGULAR MINUTES
CALL TO ORDER:
A Regular Meeting of Town Commission of the Town of Highland Beach was called to order by
Mayor Carl Feldman in the Commission Chambers at Town Hall at 1:30 PM on Tuesday,
September 5, 2017.
PRESENT UPON ROLL CALL:
Commissioner Elyse Riesa
Commissioner George Kelvin
Commissioner Rhoda Zelniker
Vice Mayor William Weitz, Ph.D.
Mayor Carl Feldman
Town Attorney Glen Torcivia
Town Manager Valerie Oakes
Town Clerk Lanelda Gaskins
Pledge of Allegiance: The Pledge of Allegiance was led by Commission, followed by a moment
of silence.
Civility Pledge: Town Clerk Gaskins recited the Civility Pledge.
1. ADDITIONS.DELETIONS OR ACCEPTANCE OF AGENDA:
Mayor Feldman called for any additions or deletions to the agenda.
Commissioner Kelvin added placing additional information on the Town Website regarding
candidates running for office as Item 7A.
Town Manager Oakes added Resolution No. 17-017 R Declaring a State of Emergency within
the Town of Highland Beach as Item No. 5D to the agenda.
Mayor Feldman added placing Conversations with Commissioners calling the Town Attorney as
Item 7B.
The agenda was approved as amended.
Town Commission Regular Meeting Minutes
September 5,2017
2. PUBLIC COMMENTS AND REOUESTS:
Resident, 3912 South Ocean Boulevard commented on separating the crosswalks from the
walkway. He requested car charging stations at the municipal complex and the possibility of
having electric Town fleet cars.
Ted Alman, 3912 South Ocean Boulevard provided comments regarding his professional
experience and his concerns for pedestrian safety at the crosswalks. The LED lighting and
signage would be beneficial to the residents.
Silvio Blaskovicz, 1120 Highland Beach Drive thanked and complimented Town Manager
Oakes and Public Works Director for resolving the parking lot issue on his block.
Carl Gehman, 1123 Highland Beach Drive commented on the August 29, 2017 Workshop
meeting.
Catherine Wolf, 1004 Russell Drive provided comments about the walkway path and the flashing
lights at the crosswalks and has observed vehicles ignoring these lights.
3. PRESENTATION:
None.
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 for a Three Year Term).
D) Monthly Board Meetings and Events:
Town Commission First Budget Public Hearing— September 7, 2017—5:01 PM
Planning Board Regular Meeting—September 13, 2017—9:30 AM
Board of Adjustment and Appeals—September 19, 2017—9:30 AM
Town Commission Second Budget Public Hearing—September 19, 2017—5:01 PM
Town Commission Workshop Meeting— September 16, 2017— 1:30 PM
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Town Commission Regular Meeting Minutes
September 5,2017
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 17-002 O (SECOND READING)
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER 30, "ZONING
CODE", ARTICLE IV, "ZONING DISTRICTS", SECTION 30-67, "USES PERMITTED,
SPECIAL EXCEPTION, AND PROHIBITED USES", AND ARTICLE VIII,
"DEFINITIONS", SECTION 30-131, "DEFINITIONS OF TERMS", TO PROHIBIT
MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES WITHIN
THE TOWN OF HIGHLAND BEACH; PROVIDING FOR CODIFICATION,
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE (FIRST READING WAS
8/1/2017).
Town Clerk Gaskins read the title of Ordinance No. 17-002 O into the record.
Town Manager Oakes presented this item.
MOTION: Vice Mayor Weitz moved to adopt Ordinance No. 17-002 on Second Reading. The
motion was seconded by Commissioner Zelniker.
UPON ROLL CALL:
Vice Mayor Weitz - Yes
Commissioner Zelniker - Yes
Commissioner Kelvin - Yes
Commissioner Riesa - Yes
Mayor Feldman - Yes
The motion passed on a 5 to 0 vote.
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Town Commission Regular Meeting Minutes
September 5,2017
B) ORDINANCE NO. 17-003 O (FIRST READING)
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, AMENDING THE TOWN CHARTER, SECTION 1.06 AND
AMENDING CHAPTER 7 "ELECTIONS", SECTION 7-1 "STATE LAW TO GOVERN
ELECTIONS", SECTION 7-2 "QUALIFICATIONS TO VOTE", SECTION 7-3
"REGISTRATION OF ELECTORS", SECTION 7-6 "NOTICE OF ELECTIONS", AT
THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO
ALLOW FOR A LONGER PERIOD OF TIME BETWEEN QUALIFYING AND THE
ELECTION AND TO CLARIFY THE PROCEDURES TO BE FOLLOWED
REGARDING THE MUNICIPAL ELECTION; ENACTING SECTION 7-5 "TIE VOTE"
TO PROVIDE FOR PROCEDURES TO FOLLOW IN THE EVENT OF A TIE IN AN
ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
Town Clerk Gaskins read Ordinance No. 17-003 O into the record.
Town Manager Oakes presented this item. The Commission opted to have a Run Off election
and Town Manager Oakes read the language for the Runoff election into the record. If this
ordinance is adopted, $19,000 will be allocated from the Town's reserves for this line item so the
funds would be available should there be a Runoff election in March.
Commission Discussion:
Vice Mayor Weitz provided comments regarding adopting this ordinance at today's meeting
since there was no motion at the last Workshop meeting to add this language. Town Attorney
Torcivia explained that there are two ordinances; the initial ordinance with the draw by lots
language presented at the Workshop meeting, and the revised ordinance which includes the
Runoff election language. The Commission can adopt either one at today's meeting.
MOTION: Vice Mayor Weitz moved to adopt the initial ordinance with the draw by lots
language. The motion was seconded by Commissioner Kelvin.
Commission Discussion:
Commissioner Zelniker and Commissioner Riesa support a Runoff election.
Commissioner Kelvin does not support a Runoff election.
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Mayor Feldman provided comments on having a Runoff election with regards to the time and
funding needed.
UPON ROLL CALL:
Vice Mayor Weitz - Yes
Commissioner Kelvin - Yes
Commissioner Zelniker - No
Commissioner Riesa - Yes
Mayor Feldman - Yes
The motion passed on a 4 to 1 vote.
C) ORDINANCE NO. 17-004 O (FIRST READING)
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, AMENDING CHAPTER 20 "PLANNING AND DEVELOPMENT",
ARTICLE II "PLANNING BOARD", SECTION 20-26 "ESTABLISHED;
MEMBERSHIP; FUNCTIONS", TO REMOVE THE REQUIREMENT FOR ANNUAL
REVIEWS OF THE COMPREHENSIVE PLAN AND ZONING CODE BY THE
PLANNING BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Gaskins read Ordinance No. 17-004 O into the record.
Town Manager Oakes introduced this item.
Commission Discussion:
All Commissioners were in support of Item 5C, Ordinance No. 17-004 O.
MOTION: Vice Mayor Weitz moved to adopt Ordinance No. 17-004 O on First Reading. The
motion was seconded by Commissioner Zelniker.
UPON ROLL CALL:
Vice Mayor Weitz - Yes
Commissioner Zelniker - Yes
Commissioner Riesa - Yes
Commissioner Kelvin - Yes
Mayor Feldman - Yes
The motion passed on a 5 to 0 vote.
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September 5,2017
D) RESOLUTION NO. 17-017 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, DECLARING A STATE OF EMERGENCY WITHIN THE TOWN
OF HIGHLAND BEACH AND AUTHORIZING THE EVACUATION OF RESIDENTS
FROM CERTAIN AREAS OF THE TOWN OR THE WHOLE TOWN; AND
PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Gaskins read Resolution No. 17-017 R into the record.
Town Manager Oakes introduced this item.
MOTION: Commissioner Zelniker moved to adopt Resolution No. 17-017 R. The motion was
seconded by Commissioner Riesa.
UPON ROLL CALL:
Commissioner Zelniker - Yes
Commissioner Riesa - Yes
Commissioner Kelvin - Yes
Vice Mayor Weitz - Yes
Mayor Feldman - Yes
The motion passed with a 5 to 0 vote.
Town Manager Oakes explained the details involved if a mandatory evacuation should occur.
Pertinent information regarding shelters and evacuation routes are located in the Clerk's office
and posted on the website. She encouraged the residents to prepare for Hurricane Irma, have an
evacuation plan and pay attention to the local television channel for updates on the hurricane
weather.
Police Chief Craig Hartmann provided comments with regards to the hurricane and the safety of
the residents.
Mayor Feldman asked at what point the Town turns the water off. Public Works Director
Edward Sorer explained that it is turned off when there is a mandatory evacuation, at which
point the Town switches to one of the interconnects.
6. CONSENT AGENDA:
Town Clerk Gaskins read Items 6A through 6G into the record.
A) Approval of Minutes:
July 25, 2017—Special Meeting
July 25, 2017—Workshop Meeting
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September 5,2017
August 1, 2017—Regular Meeting
August 3, 2017—Budget Workshop Meeting
B) Authorize the Mayor to Execute an Interlocal Agreement for License Plate Recognition Data
Sharing between the Town of Highland Beach and the City of Delray Beach for law enforcement
purposes.
C) Authorize the Mayor to Accept the Proposal from Florida Municipal Insurance Trust for
General Liability, Property and Workers' Compensation Insurance Coverage for a two-year
policy period beginning October 1, 2017 through September 30, 2019.
D) Authorize the Town Manager to Accept the Proposals and Execute Agreements for Employee
Dental, Vision, Life and Disability Insurance with Mutual of Omaha and Superior Vision for
Fiscal Year 2017-2018.
E) Commission to Approve the Sales Order with Paladin Data Systems Corporation and
Authorize the Town Manager to Proceed Implementing Upgrades for the SmartGov Program to
incorporate Mobile Inspection, Citizen Portal, and Digital Plan Review for the Building
Department.
F) Nomination to Re-Appoint Edward Kornfeld to the Financial Advisory Board to Serve a
Three Year Term Ending September 5, 2020.
G) Nomination to Re-Appointment Warren Lewis to the Planning Board to Serve a Three Year
Term Ending September 5, 2020.
Vice Mayor Weitz asked for the Town Attorney's legal opinion regarding whether or not any
Commissioner has the right to re-litigate any omissions, mistakes of wordings or errors within
the Town Commission minutes after they have been approved. Town Attorney Torcivia
explained that the time to make comments or corrections is before the minutes are approved.
Once approved they are the official minutes of the Town.
MOTION: Commissioner Zelniker moved to accept Items 6A through 6G on the Consent
Agenda. The motion was seconded by Commissioner Kelvin, which passed unanimously.
7. NEW BUSINESS:
A) Discussion regarding the Town's website (Candidates running for office): (THIS ITEM
WAS ADDED TO THE AGENDA)
Commissioner Kelvin requested that the Town Attorney research if a candidate can put a video
on Channel 99 that would give a brief summary of their background and their reason for running
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Town Commission Regular Meeting Minutes
September 5,2017
for that particular position. He also asked if the Town's website could be used for this purpose
in the event Channel 99 could not.
Town Attorney Torcivia referred to the new sign code adopted by the Commission. He will need
direction from the Commission to investigate this matter.
Discussion ensued with regards to Channel 99 and the Town's website being used for candidates
during an election.
MOTION: Vice Mayor Weitz moved to authorize the Town Attorney to investigate the related
State Statute with regards to using Channel 99 and the website for political campaigns. The
motion was seconded by Commissioner Kelvin.
UPON ROLL CALL:
Vice Mayor Weitz - Yes
Commissioner Kelvin - Yes
Commissioner Zelniker - No
Vice Mayor Weitz - Yes
Mayor Feldman - Yes
The motion passed with a 4 to 0 vote.
B) Conversations with Commissioners Calling on the Town Attorney: (THIS ITEM WAS
ADDED TO THE AGENDA)
Mayor Feldman requested that if any Commissioner wants to speak with the Town Attorney,
they should go through the Town Manager rather than call the Town Attorney direct.
MOTION: Vice Mayor Weitz moved to approve that any questions the Commissioners may
have for the Town Attorney with respect to legal issues be channeled through the Town
Manager. The motion was seconded by Commissioner Riesa.
UPON ROLL CALL:
Vice Mayor Weitz - Yes
Commissioner Riesa - Yes
Commissioner Zelniker - Yes
Commissioner Kelvin - Yes
Mayor Feldman - Yes
The motion passed with a 5 to 0 vote.
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Town Commission Regular Meeting Minutes
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8. MISCELLANEOUS—ITEMS LEFT OVER:
A) Authorize the Town Commission to Rescind the Base Bid Plus Alternative No. 2
Concealment Wall Option and Accept the Counterproposal from TLC Diversified, Inc. to
Construct Concealment Wall Alternative No. 1 for the Remineralization Project, Make the
Necessary Modifications and Authorize the Town Manager to Issue Work Change Order
Directive No. 1 to TLC Diversified,Inc.
Town Manaizer introduced this item.
MOTION: Vice Mayor Weitz moved to accept the proposal for Alternative No. 1. The motion
was seconded by Commissioner Kelvin.
UPON ROLL CALL:
Vice Mayor Weitz - Yes
Commissioner Kelvin - Yes
Commissioner Zelniker - Yes
Commissioner Riesa - Yes
Mayor Feldman - Yes
The motion passed with a 5 to 0 vote.
B) Discussion Regarding the Ad Hoc Citizen Streetscape Committee Recommendations,
Finalize the Conceptual Plan,and Scope of Work for the Streetscape Project.
MOTION: Vice Mayor Weitz made a motion for the Town Manager to prepare a Referendum
to upgrade the walkway, designated lighting, designated landscaping and designated signage at a
cost not to exceed $2 million. The motion was seconded by Commissioner Kelvin.
Commissioner Discussion:
Commissioner Riesa requested that the referendum include concurrent and teamwork in
cooperation with FDOT(Florida Department of Transportation).
Commissioner Zelniker supports what the Town Manager has indicated, which is $2.5 million
and that the project should be done in collaboration with FDOT,
Commissioner Kelvin had no comments.
Mayor Feldman provided comments regarding the $2 million dollar amount and could not
support limiting the Referendum to that amount. This project must be done with the approval of
the FDOT.
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Vice Mayor Weitz provided comments with regards to why he could not support the project
going higher than the $2 million.
Discussion ensued regarding the public approving a referendum for $2.5 million if presented to
the residents properly.
Public Works Director Edward Soper gave a PowerPoint presentation of the Pre-Design
Construction Cost Line Items. He also commented on his meetings with the FDOT regarding the
drainage issue.
James Poole, District Drainage Engineer for FDOT provided comments with regards to the
streetscape project and working with the Town on the drainage issue.
Commissioner Riesa commented on the additional estimated cost of $398,949 needed for
improving the drainage as provided by the Town Manager. She inquired whether additional
money would be needed in order to have proper drainage for the walkway. Mr. Poole questioned
where the figure came from. Finance Director Curtis provided comments regarding this amount.
Vice Mayor Weitz asked Public Works Director Soper if he buffered costs and added safety nets.
Public Works Director Soper explained that there is a 20% contingency listed in all the line
items.
Commissioner Zelniker inquired about bike lanes and crosswalks and the safety of the residents.
Mr. Poole explained that there are no plans at this time. Commissioner Zelniker asked if the
drainage should be included in this Referendum. Mr. Poole stated that the department would
support including drainage in the budget.
Discussion ensued with regards to drainage, the cost involved, how the streetscape project might
impact the future drainage and whether this additional money should be included in the
referendum. Town Manager Oakes and Finance Director Curtis explained how the $2.5 million
referendum was determined. There was further discussion with regards to the flooding in the
swales which are owned by the FDOT.
MOTION: Vice Mayor Weitz amended his motion from the "cost not to exceed $2 million" to
"cost not to exceed$2.1 million". The motion was seconded by Commissioner Kelvin.
UPON ROLL CALL:
Vice Mayor Weitz - Yes
Commissioner Kelvin - Yes
Commissioner Riesa - No
Commissioner Zelniker - No
Mayor Feldman - Yes
The motion passed on a 3 to 2 vote.
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9. REPORTS—TOWN COMMISSION:
A) Commissioner George Kelvin asked about the status of the Parking Ordinance. Town
Attorney Torcivia replied that he is working with the Town Manager on this.
B) Commissioner Rhoda Zelniker commended Police Chief Craig Hartmann and Town
Manager Oakes for a great job with regards to the private house party event. She thanked Mayor
Feldman for including lighting in the streetscape project. She encouraged the residents to look
out for their neighbors during the Hurricane season.
C) Commissioner Elyse Riesa clarified the reason she mentioned the private house party event
that was brought up at the August 29, 2017 Commission Workshop meeting and applauded Chief
Hartmann for the tremendous job he did in keeping our Town safe. She encouraged the residents
to prepare for Hurricane Irma and be safe.
D) Vice Mayor William Weitz provided remarks regarding the private party event that was
brought up at the August 29, 2017 Commission Workshop meeting. He rendered a personal
apology to the residents, Town Manager and the Town staff, Town Attorney and fellow
Commissioners for his behavior during the August 29, 2017 which he felt was unfitting for an
elected official. He explained the circumstances that led to his behavior at that time and again
apologized for his actions.
E) Mayor Carl Feldman also remarked on the private party event. He also provided comments
regarding a resident who mentioned at the August 29, 2017 Commission Workshop meeting that
he was not allowed to speak at the Ad Hoc Streetscape Committee meeting, and perhaps the
Mayor was in violation of the Sunshine Law because he served on that committee. Town
Attorney Torcivia responded that the Mayor was not in violation of the Sunshine Law. Mayor
Feldman responded to Mrs. Wolf's comment about the blinking lights.
10. REPORTS—TOWN ATTORNEY GLEN J. TORCIVIA:
Torcivia Town Attorney had no report.
11. REPORTS—TOWN MANAGER VALERIE OAKES:
Town Manager Oakes encouraged the residents to pay attention to the upcoming hurricane and
be safe.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS•
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Peter Rodis, 3224 South Ocean Boulevard questioned where a resident could go during the
hurricane.
Carl Gehman, 1123 Highland Beach Drive was impressed with today's meeting and
complimented the Commission.
13.ADJOURNMENT:
There being no further business, Mayor Feldman called for a motion to adjourn the meeting at
4:15 PM.
MOTION: Vice Mayor Weitz moved to adjourn the meeting at 4:15 PM. The motion was
seconded by Commissioner Kelvin,which passed unanimously.
APPROVED:
_ Carl Feldman, Mayor
ATTT:
OCTOBER 3, 2017
Lanel Gaskins,-MMC Date
Town Clerk
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