2018.07.03_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
TOWN COMMISSION REGULAR MEETING
Town Hall/Commission Chambers Date: July 3, 2018
3614 South Ocean Boulevard Time: 1:30 PM
Highland Beach, Florida
CALL TO ORDER:
Mayor Carl Feldman called the Regular Meeting to order at 1:30 PM.
PRESENT UPON ROLL CALL:
Mayor Carl Feldman
Vice Mayor Alysen N. Nila
Commissioner Rhoda Zelniker
Commissioner Elyse Riesa
Commissioner Peggy Gossett-Seidman
Town Attorney Pamala Ryan
Interim Town Manager William Thrasher
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:
Vice Mayor Nila requested to move Item 8A under Miscellaneous — Items Left Over: Discussion
Regarding the City of Delray Beach Fire-Rescue Contract to New Business as Item 7A.1.
The agenda was accepted as amended.
Town Commission Regular Minutes
Date: July 3 2018
Page 2 of 15
2. PUBLIC COMMENTS AND REQUESTS:
The following residents provided comments:
Peter Rodis
James Karabeck
Robert Patek
Alan Goldstein
John Ross
William Weitz
Peter Corrales
Barbara James
Jack Halpern
John Boden
Town Attorney Ryan explained the reasons why Town Commission meetings were not televised
on Highland Beach TV Channel 99 at this time. The Town must be incompliance with the
American Disability Act (ADA) requirements, and the live streaming and website must be
accessible to everyone.
3. PRESENTATION/PROCLAMATIONS:
None.
4. BOARDS AND COMMITTEES:
Town Clerk Gaskins read Items 4B through 4D into the record.
A) Board Correspondence:
None.
B) Board Vacancies:
Code Enforcement Board— Four(4) Vacancies for Three-Year Terms
Financial Advisory Board—One Vacancy for an Unexpired Term ending November 2020
Natural Resources Preservation Advisory Board—Three (3) vacancies for Three-Year Terms
C) Monthly Board Meetings and Events:
Planning Board Meeting—July 11 2018 —9:30 AM
Financial Advisory Board Meeting—July 23, 2018 —2:00 PM
Town Commission Special Meeting—July 26, 2018 — 1:30 PM
Town Commission Workshop Meeting—July 31, 2018 — 1:30 PM
Town Hall Closed:
o July 4, 2018 — Independence Day
Town Commission Regular Minutes
Date: July 3 2018
Page 3 of 15
5. PROPOSED ORDINANCES AND RESOLUTIONS:
Town Clerk Gaskins read Ordinance No. 18-006 O into the record.
A) ORDINANCE NO. 18-006 O
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, AMENDING ORDINANCE 18-004 O REGARDING "BOARDS AND
COMMITTEES" BY REMOVING THE REQUIREMENT THAT THE CHAIRPERSONS
OF THE BOARDS ATTEND TOWN COMMISSION MEETINGS; PROVIDING FOR
THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Commissioner Riesa moved to accept Ordinance No. 18-006 O on First Reading.
The motion was seconded by Commissioner Gossett-Seidman.
UPON ROLL CALL:
Commissioner Riesa - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Zelniker - Yes
Vice Mayor Nila - Yes
Mayor Feldman - Yes
Motion passed on a 5 to 0 vote.
Town Clerk Gaskins read Ordinance No. 18-007 O into the record.
B)ORDINANCE NO. 18-007 O
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, AMENDING CHAPTER 12 "CONSTRUCTION SITES", BY
AMENDING SECTION 12-1 "CONSTRUCTION SITE PARKING; STORAGE OF
MATERIALS; TO PROVIDE NEW REGULATIONS FOR PARKING RELATED TO
CONSTRUCTION ACTIVITIES; BY AMENDING SECTION 12-2 "CONSTRUCTION
SITE CLEANLINESS; CONSTRUCTION SITE SAFETY" TO PROVIDE FOR
ENHANCED PENALTIES; BY AMENDING SECTION 12-6 "HOURS OF
CONSTRUCTION" TO REGULATE CONSTRUCTION HOURS AND DAYS; BY
CREATING A SECTION REFERENCING A NEW CONSTRUCTION SITE
MANAGEMENT HANDBOOK; PROVIDING FOR THR REPEAL OF LAWS IN
CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND
PROVIDNG AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
Town Attorney Ryan presented this item.
Town Commission Regular Minutes
Date: July 3 2018
Page 4 of 15
Commission Discussion:
Commissioner Gossett-Seidman explained that keeping the streets clear was not only a Highland
Beach law but a State law as well.
Commissioner Riesa referred to Section 12-6. — Hours of construction. She commented about
emergency situations and modifying Section 12-6 (b) to add, "music blasting and noise other than
construction labor was to be prohibited during off hours and during construction hours. She
stated workers cannot arrive earlier than 30 minutes before construction and must leave no later
than 30 minutes after construction."
Commissioner Zelniker provided comments and was in support of this ordinance.
Vice Mayor Nila referred to Page 3, Section 3 regarding fines. She asked whether the amount for
fines had been established. Town Attorney Ryan explained Florida Statutes, Chapter 162, allows
the Code Enforcement Board to impose fines up to $250.00. Vice Mayor Nila also referred to
Page 4, Section 12-11. — Construction site management handbook: application of code. She
requested that the words "upon recommendation by the Town Manager" be removed from Section
12-11(a).
David Axelrod, Chairperson of the Planning Board explained that the Planning Board reviewed
the Construction Site Management Handbook.
Town Attorney Ryan explained she has been working on the handbook and will be sending it
back to the Planning Board for review. She provided comments with regard to the ordinance.
MOTION: Commissioner Riesa moved to accept Ordinance No. 18-007 O as is and include the
changes discussed at today's meeting. The motion was seconded by Commissioner Zelniker.
UPON ROLL CALL:
Commissioner Riesa - Yes
Commissioner Zelniker - Yes
Commissioner Gossett-Seidman - Yes
Vice Mayor Nila - Yes
Mayor Feldman - Yes
Motion passed on a 5 to 0 vote.
Town Commission Regular Minutes
Date: July 3 2018
Page 5 of 15
6. CONSENT AGENDA:
Town Clerk Gaskins read Items 6A through 60 into the record.
Approval of Meeting Minutes:
• May 21, 2018 — Special Minutes
• May 29, 2018 — Workshop Minutes
• June 5, 2018 — Regular Minutes
• June 12, 2018 —Special Minutes
A) Resolution No. 18-006 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, JOINING THE SEAWALL COALITION; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
C) Designation of Mayor Carl Feldman as the Town's Voting Delegate for the Florida League of
Cities' 92 n Annual Conference.
D) Designation of Mayor Carl Feldman and Commissioner Peggy Gossett-Seidman as an
Alternate as the Town's Voting Delegate for the Palm Beach League of Cities General
Membership.
E) Approve and Authorize the Town Manager to Execute an Agreement for Professional
Services between the Town of Highland Beach and Urban Design Kilday Studios in the
amount of $30,000 for Comprehensive Plan Updates and Zoning Code Amendments
Consulting Services.
F) Approve and Authorize the Mayor to Execute an Agreement for Professional Services
between the Town of Highland Beach and Colin Baenziger & Associates in the amount of
$26,500.00 for Executive Recruitment and Search Services for the Selection of a Permanent
Town Manager.
G) Nomination to Appoint Paul Resnick to the Code Enforcement Board for a Three (3) Year
Term Ending July 2021.
H) Nomination to Appoint Myles Schlam to the Code Enforcement Board for a Three (3) Year
Term Ending July 2021.
1) Nomination to Appoint Jack Halpern to the Code Enforcement Board for a Three (3
YearTerm Ending July 2021.
J) Nomination to Appoint Alan Polin to the Financial Advisory Board to Serve for a Three (3)
Year Term Ending July 2021.
Town Commission Regular Minutes
Date: July 3 2018
Page 6 of 15
K) Nomination to Appoint Katharina Braun to the Natural Resources Preservation Advisory
Board to Serve a Three (3) Year Term Ending July 2021.
L) Nomination to Appoint Jack Halpern to the Natural Resources Preservation Advisory Board to
Serve a Three (3) Year Term Ending July 2021.
M) Nomination to Appoint Eva Kleeman to the Natural Resources Preservation Advisory Board
to Serve a Three (3) Year Term Ending July 2021.
N) Nomination to Appoint Nievecita Maraj to the Natural Resources Preservation Advisory
Board to Serve a Three (3) Year Term Ending July 2021.
O) Nomination to Appoint Peter Rodis to the Planning Board to Serve an Unexpired Term
Ending May 2019.
MOTION: Commissioner Zelniker moved to approve Items 6A through 60 on the Consent
Agenda as presented. The Motion was seconded by Commissioner Gossett-Seidman, which
passed unanimously.
7. NEW BUSINESS:
Town Clerk Gaskins read item 7A into the record.
A) Consideration for Site Plan Approval for the Construction of a New Seawall/Bulkhead
in Front of the Existing Seawall, Located at Subject Property, 2727 South Ocean
Boulevard. PUBLIC HEARING: (QUASI-JUDICIAL HEARING)
Discussion ensued regarding an email received by Commissioner Zelniker regarding the
application.
Interim Town Manager asked the Commissioners if they had any ex parte communications to
disclose. Commissioner Zelniker explained that she received an email, which she forwarded to
Town Clerk Gaskins. There were no other ex parte communications.
Mayor Feldman opened the Public Hearing.
Town Clerk Gaskins swore in all witness providing testimony on this application.
David Nutter, B & M Marine Construction, Agent for the applicant Villa Magna Condominium
presented this item.
Interim Town Manager Thrasher mentioned that staff was recommending approval of this project
based on the fact that it was compliant with the Town's code, approval from the Department of
Environmental Protection Agency and the Army Corps of Engineers.
Town Commission Regular Minutes
Date: July 3 2018
Page 7 of 15
Kenneth Bauer, Building Official explained that this application needed approval by the Town
Consulting Engineer before proceeding with the construction of the seawall. Interim Town
Manager Thrasher indicated a second condition of approval would be that there is to be no
movement of equipment or materials on site until the engineer has given his approval.
Commission Discussion:
Commissioner Gossett-Seidman inquired about the batter pilings being redone. Mr. Nutter
explained.
Commissioner Zelniker provided comments about the amount of time involved with this
application.
Vice Mayor Nil a provided comments about her concerns regarding the issues still outstanding
with this application.
PUBLIC COMMENTS:
Martin Sullivan, Chairman of the Building Committee of Villa Magna provided comments
regarding the seawall.
Mayor Feldman closed the public hearing.
MOTION: Commissioner Riesa moved to approve this application with the two conditions,
Consulting Engineering approval and no movement of equipment or materials on site until
approval. The motion was seconded by Commissioner Gossett-Seidman.
UPON ROLL CALL:
Commissioner Riesa - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Zelniker - Yes
Vice Mayor Nila - Yes
Mayor Feldman - Yes
Motion carried on a 5 to 0 vote.
Town Commission Regular Minutes
Date: July 3 2018
Page 8 of 15
Town Clerk Gaskins read Item 7A.1 into the record.
A.1) Discussion Regarding the City of Delray Beach Fire-Rescue Contract—Vice Mayor
N i I a (THIS ITEM WAS FORMALLY ITEM 8A).
Vice Mayor Nila presented this item. She provided comments with regard to the large increase in
fire services for the period of one (1) year and the 36-month clause and no cap. The City of
Lighthouse Point has its own Fire Department with more trucks and more people and spending
less money than Highland Beach. She suggested the possibility of Highland Beach having its
own Fire Department.
MOTION: Vice Mayor Nila moved to task the Financial Advisory Board do an initial financial
analysis to see if it is feasible" based on the template Lighthouse Point uses, to have our own Fire
Department in the future. The motion was seconded by Commissioner Zelniker.
Commission Discussion:
Commissioner Gossett-Seidman asked as to how many times the City of Delray Beach fire trucks
were called to locations other than Highland Beach. She was in favor of the Financial Advisory
Board looking into this.
Commissioner Riesa mentioned that Fire Chief De Jesus and the Delray Beach City Manager
were unable to attend this meeting. She commended the Delray Beach Fire Department on the
excellent job they are doing and was in favor of keeping them, but had concerns with the amount
of increase for this year and possibly years to come. She provided remarks about the items that
were increased and the cost and questioned who negotiated this contract.
Commissioner Zelniker explained she was on the Commission at the time the current contract was
negotiated and was in favor of having our own Fire Department in Highland Beach. She provided
comments regarding the contract and suggested the Town Attorney, Financial Advisory Board,
the Finance Director and Interim Town Manager look into this.
Mayor Feldman explained the reasons for the current contract. He gave a brief history about the
Town"s previously attempt to establish its own Fire Department and why it was never approved.
He suggested Interim Town Manager Thrasher and Finance Director Curtis meet with the City of
Delray Beach.
Interim Town Manager Thrasher explained that he does not have the ability to work on this
project and recommended that the Commission have a professional with experience in this area
do a study and not the Financial Advisory Board. He provided comments about the Barrier Island
feasibility study done in July of 2016 by Matrix Corp. and recommended the Commission use the
same consulting firm" Matrix Corp.
Town Commission Regular Minutes
Date: July 3 2018
Page 9 of 15
Vice Mayor Nila was in favor of tasking the Financial Advisory Board as a start.
UPON ROLL CALL:
Vice Mayor Nila - Yes
Commissioner Zelniker - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Riesa - Yes
Mayor Feldman - No
Motion carried on a 4 to 1 vote with Mayor Feldman dissenting.
MOTION: Commissioner Riesa moved that the Commission have a concurrent review with
the Town of Highland Beach and the proper staff within our Town to look at these numbers and
try to work out an arrangement over the next few years. The motion was seconded by
Commissioner Gossett-Seidman.
Interim Town Manager Thrasher explained that the City of Delray Beach City Manager asked if
he and Fire Chief De Jesus could meet with the Finance Director and himself to go over the
numbers.
It was the consensus of the Commission that Interim Town Manager move forward with this
meeting.
Commissioner Gossett-Seidman requested the number of calls for fires and medical emergencies
in Highland Beach and Delray Beach.
Commissioner Riesa requested the number of calls that were directed to Highland Beach and how
many to Delray Beach since July 7, 2016.
Commissioner Zelniker referred to Page 7: 3.15 of the contract regarding the City of Delray
Beach providing annual reports.
There was no roll call votes taken on this item.
Town Clerk Gaskins read Item 713 into the record.
B) Approval of the Date and Venue for the 2018 Light Up the Holidays Event.
Town Clerk Gaskins presented this item. She explained that the Light Up the Holidays has
always been scheduled on the first Monday in December. This year the first Monday is
Hanukkah. Staff is requesting that the event be held on Friday, November 30, 2018. Last year
the event was held at St. Lucy Church. Staff is also seeking direction regarding the location in
order to begin preparing for this event.
Discussion ensued regarding the date and location and having the Christmas and Hanukkah d6cor
brought back to Town Hall.
Town Commission Regular Minutes
Date: July 3 2018
Page 10 of 15
MOTION: Commissioner Zelniker moved to have the Light Up the Holidays on Thursday.
November 29, 2018, and the venue is to be in front of Town Hall. In case of bad weather, the
venue will be moved into the Library Community Room. The motion was seconded by Vice
Mayor Nila.
UPON ROLL CALL:
Commissioner Zelniker - Yes
Vice Mayor Nila - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Riesa - Yes
Mayor Feldman - No
Motion carried on a 4 to 1 vote with Mayor Feldman dissenting.
MOTION: Commissioner Gossett-Seidman moved to have an alternate date of Monday,
November 26, 2018 in the event November 29th fails for any reason. The motion was seconded
by Commissioner Riesa.
UPON ROLL CALL:
Commissioner Gossett-Seidman - Yes
Commissioner Riesa - Yes
Commissioner Zelniker - Yes
Vice Mayor Nila - Yes
Mayor Feldman - No
Motion carried on a 4 to 1 vote with Mayor Feldman dissenting.
Town Clerk Gaskins read Item 7C into the record.
C) Impact Fees
By Henry Thomas, Public Resources Management Group, Inc.
Mr. Thomas gave a PowerPoint presentation regarding recreation impact fees and highlighted the
following: Purpose of Impact Fees, Impact Fees — Background: Impact Fee Criteria, Goals &
Objectives and Impact Fee Methodology.
Commission Discussion:
Commissioner Riesa asked about the current impact fees that had been collected and what was it
specific to today. Mr. Thomas explained that it was to be used for land acquisition.
Commissioner Riesa then asked if the water impact fees could be used to pay off the loan used for
the water main project. Mr. Thomas explained.
Commissioner Gosset-Seidman questioned how impact fees apply to the different level of
condominiums and homes. Mr. Thomas explained impact fees with regard to renovations as
opposed to the expansion of homes and new construction.
Town Commission Regular Minutes
Date: July 3 2018
Page 11 of 15
Vice Mayor Nila requested that they move forward with getting the three bids. One of them
needs to be the one that Boca Raton did so we can model after them.
Commissioner Zelniker suggested we upgrade the permit fees.
Mayor Feldman provided comments with regard to the cost of the study.
Vice Mayor Nila provided comments with regard to the new Palm Beach County Impact Fee.
Town Clerk Gaskins read Item 7D into the record.
D) Discussion Regarding SAFEbuilt Florida, LLC —Commissioner Zelniker
Commissioner Zelniker referred to the termination notice given to the Town by SAFEbuilt LLC.
Commission Discussion:
Commissioner Gossett-Seidman provided Interim Town Manager with a list of candidates for the
Building Official position.
Commissioner Riesa asked if there were any applicants for this position.
Vice Mayor Nila agrees that the Town should not give SAFEbuilt LLC a contract extension.
Town Clerk Gaskins reported on the number of applications received for the various positions in
the Building Department.
Interim Town Manager Thrasher provided comments with regard to the hiring process and the
number of applications received.
Discussion ensued with regard to the Commission being involved in the interviewing process.
Vice Mayor Nila provided comments regarding double layer hiring and a check and balance
system.
Mayor Feldman explained that it is the Town Manager's job to do the hiring, which is stated in
the Charter.
Commissioner Gossett Seidman respects the Interim Town Manager's ability to hire and would
like to defer to his opinion.
Commissioner Riesa referred to the Town Charter and does not want to get involved with the
Town Manager's hiring responsibility. She suggested one representative from the Commission,
preferably Commissioner Gossett-Seidman work with the Town Manager.
Commissioner Zelniker suggested a compromise that the Town Manager would select the
candidate and have that person meet with the Commissioners.
Town Commission Regular Minutes
Date: July 3 2018
Page 12 of 15
Interim Town Manager Thrasher was not in favor of a double layer interviewing process.
It was the consensus of the Commission to have the Town Manager do the hiring process for the
Building Department.
Town Clerk Gaskins read Item 7E into the record.
E) Commission Action Regarding Beach Raking and Access Points to the Beach — Vice
Mayor Nila
Vice Mayor Nila referred to the photographs of conditions on the beach caused by the beach
rakers. She explained that she had a meeting with the beach raking companies and the Assistant
Director of the Department of Environmental Protection (DEP) for this region. At that meeting,
the beach raking companies were informed of their violations of the rules and regulations. The
DEP's recommendation was to have the Town hire their own company and have their codes and
those of the Florida Fish and Wildlife be incorporated in our codes. There also needs to be access
to the beach.
Commission Discussion:
Commissioner Gossett-Seidman suggested this issue be looked into further.
Commissioner Riesa referred to a beach cleanup study that was done ten years ago. This proposal
was rejected by the residents. She provided comments with regard to the beach rakers during
turtle season. She was in favor of the Town taking over the beach cleaning and having an
ordinance that would not allow any structures on the beach.
Commissioner Zelniker suggested having the raking done by hand during turtle season.
Mayor Feldman provided comments with regard to the monies paid by the condominiums for the
beach cleaning and regulations being put in place for the beach rakers.
Vice Mayor Nila provided comments with regard to the high water mark and environmentally
safe beach raking companies. The Town needs to take control of our beaches.
MOTION: Vice Mayor Nila moved to task the Environmental Natural Resource Board, Finance
Director and Town Manager to come up with different options on how to pay for beach raking
whether it is manual or mechanical. The motion was seconded by Commissioner Zelniker.
UPON ROLL CALL:
Vice Mayor Nila - Yes
Commissioner Zelniker - Yes
Commissioner Riesa - Yes
Commissioner Gossett-Seidman - Yes
Mayor Feldman - Yes
Town Commission Regular Minutes
Date: July 3 2018
Page 13 of 15
Motion passed on a 5 to 0 vote.
MOTION: Vice Mayor Nila moved to task the Code Enforcement Board along with the Town
Attorney to take the codes that have to do with raking on the beach from the Department of
Environmental Protection and Florida Fish and Wildlife and putting them into our codes so we
have more control over our beach. The motion was seconded by Commissioner Zelniker.
UPON ROLL CALL:
Vice Mayor Niler - Yes
Commissioner Zelniker - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Riesa - Yes
Mayor Feldman - No
Motion carried on a 4 to 1 vote with Mayor Feldman dissenting.
MOTION: Commissioner Riesa moved to have the Town Attorney look into updating the code
with regard to structures on the beach. The motion was seconded by Commissioner Zelniker.
UPON ROLL CALL:
Vice Mayor Nila - Yes
Commissioner Zelniker - Yes
Commissioner Riesa - Yes
Commissioner Gossett-Seidman - Yes
Mayor Feldman - Yes
Motion carried on a 5 to 0 vote.
8. MISCELLANEOUS—ITEMS LEFT OVER:
A) Discussion Regarding the City of Delray Beach Fire-Rescue Contract—Vice Mayor Nila
(THIS ITEM WAS MOVED TO 7A.1.)
9. REPORTS—TOWN COMMISSION:
A) Commissioner Peggy Gossett-Seidman provided comments with regard to having break
time when the meetings are very long.
B) Commissioner Elyse Riesa had no report.
C) Commissioner Rhoda Zelniker thanked Barbara James, Turtle Permit Holder for her
excellent work.
D)Vice Mayor Alysen A. Nila provided comments with regard to the Beaches & Shores Club re-
establishing their board.
Town Commission Regular Minutes
Date: July 3 2018
Page 14 of 15
E) Mayor Carl Feldman had no report.
10. REPORTS—TOWN ATTORNEY PAMALA RYAN:
Town Attorney Ry had no report.
11. REPORTS—INTERIM TOWN MANAGER WILLIAM THRASHER:
Interim Town Manager thanked the Commission for the holiday. Happy 4th of July.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS:
The following residents provided comments:
Peter Rodis
Barbara James
James Karabek
Thomas Bradford, former Town Manager for Tequesta
Dan Balonta
Town Commission Regular Minutes
Date: July 3 2018
Page 15 of 15
13. ADJOURNMENT:
Mayor Feldman called for a motion to adjourn the meeting
MOTION: Commissioner Zelniker moved to adjourn the Regular Meeting at 6.24 PM. The
motion was seconded by Commissioner Gossett-Seidman, which passed unanimously.
APPROVED:
Carl Feldman, Mayor
nj,
Commissioner
Commissioner
ATTEST: -
Transcribed by: Rosalie DeMartino
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Town Clerk