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2018.08.07_TC_Minutes_Regular TOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MEETING Town Hall/Commission Chambers Date: August 7, 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: Commissioner Zelniker added the following items: "Discussion on the Program and the Food for Light up the Holidays event". Mayor Feldman suggested this item be discussed under Item 8B. "Discussion on Meeting Decorum" as Item 7G under New Business. "Discussion of Construction Issues in the Building Department" as Item 7H under New Business. Vice Mayor Nila added "Discussion on Advisory Boards" as Item 71 under New Business. u Town Commission Regular Minutes Date: August 7, 2018 Page 2 of 13 Mayor Feldman requested to move Items 71) and 7E before the Public Comments and Requests. The agenda was accepted as amended. 7D) Ratification of the Collective Bargaining Agreement Between the Town of Highland Beach and Florida State Lodge Fraternal Order of Police Inc. Related to the Civilian Agreement Effective October 1, 2017 Through September 30, 2020. 7E) Ratification of the Collective Bargaining Agreement Between the Town of Highland Beach and Palm Beach County Police Benevolent Association, Inc. Related to the Law Enforcement Agreement Effective October 1, 2017 Through September 30, 2010. Attorney Jeff Pheterson presented these items. He thanked Greg Babij, Chairperson of the Financial Advisory Board for his assistance with the bargaining negotiations. MOTION: Commissioner Zelniker moved to ratify the two Collective Bargaining Agreements related to the Civilian Agreement and the Law Enforcement Agreement. The motion was seconded by Commissioner Gossett-Seidman. UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Gossett-Seidman - Yes Commissioner Riesa - Yes Vice Mayor Nila - Yes Mayor Feldman - Yes Motion passed on a 5 to 0 vote. 2. PUBLIC COMMENTS AND REOUESTS: The following residents provided comments: John Boden John Ross Harry Adwar Jackie Phelon James Karabec Alan Goldstein William Weitz Jerry Wolfe 3. PRESENTATION/PROCLAMATIONS: u None. Town Commission Regular Minutes Date: August 7, 2018 Page 3 of 13 u 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—One (1) Vacancies for Three-Year Terms Natural Resources Preservation Advisory Board — Three (3) vacancies for Three-Year Terms C) Monthly Board Meetings and Events: Planning Board Meeting—August 8, 2018 —9:30 AM Town Commission Budget Workshop Meeting—August 14, 2018 — 10:00 AM Town Commission Workshop Meeting—August 28, 2018 — 1:30 PM Town Commission Budget Meeting—August 29, 2018 — 1:30 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS: Town Clerk Gaskins read Ordinance No. 18-006 O into the record. u A) ORDINANCE NO. 18-006 O (SECOND READING) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE NO. 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. (FIRST READING WAS JUL Y 3, 2018) MOTION: Commissioner Riesa moved to accept Ordinance No. 18-006 O on Second Reading. 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 Town Commission Regular Minutes Date: August 7, 2018 Page 4 of 13 u Motion passed on a 5 to 0 vote. Town Clerk Gaskins read Resolution No. 18-007 R into the record. B) RESOLUTION NO. 18-007 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING THE CONSTRUCTION SITE MANAGEMENT HANDBOOK; PROVIDING FOR AN EFFECTIVE DATE Commissioner Gossett-Seidman addressed the ordinances referred to in the handbook and recommended they be printed in the handbook rather than referencing our codes. This information should be made public on the website and the Highlander. Town Attorney Ryan referred to Page 7 — Alternate Parking Sites. The handbook does not address where the alternate parking sites could be. The alternate parking sites must be consistent with the zoning codes and vacant lots cannot be used for parking. Town Attorney Ryan referred to the ordinance adopted at the last meeting and read the section that she amended regarding Saturday construction into the record. Discussion ensued with regard to the Saturday construction restrictions. Town Attorney Ryan addressed the second change to the ordinance that was consistent with the second motion made at the last meeting regarding permits issued prior to this ordinance taking effect. Contractors were given six weeks to comply. David Axelrod, Chairperson of the Planning Board provided comments with regard to the alternate parking and allowing the homeowner to do maintenance on their home on Saturdays. Commissioner Riesa provided comments on the parking plan which should be addressed by the Building Department before a permit is issued and enforced. Discussion ensued with regard to FDOT (Florida Department of Transportation) approving parking in the swales. A copy of the permit from FDOT must be submitted to the Building Department before any permits are released. It was the consensus of the Commission to have Town Attorney Ryan integrate these changes into the handbook and provide the Commission with a draft prior to the next Commission meeting. 6. CONSENT AGENDA: Town Clerk Gaskins read Items 6A through 6G into the record. u A)Approval of Meeting Minutes: Town Commission Regular Minutes Date: August 7, 2018 Page 5 of 13 • June 26, 2018 — Workshop Minutes • July 3, 2018 —Regular Minutes B) Nomination to Appoint Thomas "Tim" Burnich to the Code Enforcement Board for a Three (3) Year Term Ending August 2021. C) Nomination to Appoint James Karabec to the Code Enforcement Board for a Three (3) Year Term Ending August 2021 D) Nomination to Appoint Jane Perlow to the Code Enforcement Board for a Three (3) Year Term Ending August 2021. E) Nomination to Appoint James Karabec to the Financial Advisory Board to Serve an Unexpired Term Ending November 2020. F) Approve and Authorize the Interview Panel for the Building Official Candidates to Consist of Commissioner Gossett-Seidman, as the Primary, Commissioner Riesa as the Alternate, Town Manager and Public Works Director. G) Approve the Revised Job Description for the Finance Director Position. Interim Town Manager Thrasher asked to remove Item F from the Consent Agenda. He u explained that Public Works Director Edward Soper would not be available for the meeting and Police Chief Hartmann would be his alternate. MOTION: Commissioner Gossett-Seidman moved to remove Item F from the Consent Agenda and vote on Items A through G without Item F and bring back Item F for a small discussion. 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 - Yes Motion carried on a 5 to 0 vote. Discussion ensued with regard to Item F. Public Works Director Soper provided the dates that he would be available for the interviews. Interim Town Manager Thrasher provided comments with regard to the candidates he has contacted and the interviewing process. Discussion ensued regarding the handling of the interviewing process. Town Commission Regular Minutes Date: August 7, 2018 Page 6 of 13 MOTION: Commissioner Zelniker moved to accept Chief Hartmann as the alternate for the interviewing process in place of the Public Works Director on Item F. The motion was seconded by Commissioner Riesa. UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Riesa - Yes Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - Yes Motion passed on a 5 to 0 vote. 7. NEW BUSINESS: Town Clerk Gaskins read Item 7A into the record. A) Fire Rescue Services Analysis— Financial Advisory Board Finance Director Curtis introduced this item. Discussion ensued regarding the existing contract and the increase in costs from the Delray Beach u Fire Rescue Services, versus the Town of Highland Beach having its own Fire Department. Vice Mayor Nila suggested hiring a consultant to do a formal study for Highland Beach to see if it is feasible to have our own Fire Department. Mayor Feldman asked for a vote of confidence from the Commission to stay with Delray Beach until the contract ends. This request was made by Fire Chief De Jesus at a meeting held with the Mayor. Discussion ensued with regard to this request. It was the consensus of the Commission to place this item on a future agenda for further discussion. Town Clerk Gaskins read Item 7B into the record. B) Discussion on the Placement of the Public Comments and Requests Sections on the Town Commission Agenda—Vice Mayor Nila. Vice Mayor Nila introduced this item. MOTION: Vice Mayor Nila moved to have one public comment at the end of the meeting instead of at the beginning of the meeting that will fit the updated format of what other towns are doing. The motion was seconded by Commissioner Gossett Seidman. Discussion ensued with regard to the public's right to speak, comments from the public and the u amount of time the public can speak at the meetings. Town Commission Regular Minutes Date: August 7, 2018 Page 7 of 13 �. Town Attorney Ryan suggested moving the public comments section and limiting the amount of time the public can speak at the meetings to three minutes. AMENDED MOTION: Vice Mayor Nila moved to limit public comments to the end of the meeting, prior to the Town Commission Reports. It will go between Miscellaneous — Items Left Over and the Town Commission Reports and the time would be limited to three minutes and would be related to anything to do with Town business. The motion was seconded by Commissioner Gossett-Seidman. UPON ROLL CALL: Vice Mayor Nila - Yes Commissioner Gossett-Seidman - Yes Commissioner Riesa - No Commissioner Zelniker - Yes Mayor Feldman - No Motion passed on a 3 to 2 vote. Town Clerk Gaskins read Item 7C into the record. C) Discussion Regarding the Town of Highland Beach Using St. Lucy Catholic Church Parking Lot—Mayor Feldman u Mayor Feldman presented this item and Father Horgan's request in order for the Town to use St. Lucy Church parking lot. Vice Mayor Nila explained she contacted the trolley service provided in the City of Delray Beach. Discussion ensued with regard to the use of Milani Parking lot for this event. Police Chief Hartmann provided comments with regard to the police protection at St. Lucy Church during masses. Mayor Feldman suggested Police Chief Hartmann meet with Father Horgan to discuss the matter further. Discussion ensued with regard to paying the church for police protection at masses. It was the consensus of the Commission to use Milani Parking lot for parking during the Light up the Holidays event and have a trolley to transport the residents during this event. D) Ratification of the Collective Bargaining Agreement Between the Town of Highland Beach and Florida State Lodge Fraternal Order of Police Inc. Related to the Civilian Agreement Effective October 1, 2017 Through September 30, 2020. (THIS ITEM WAS MOVED BEFORE PUBLIC COMMENTS) u Town Commission Regular Minutes Date: August 7, 2018 Page 8 of 13 E) Ratification of the Collective Bargaining Agreement Between the Town of Highland Beach and Palm Beach County Police Benevolent Association, Inc. Related to the Law Enforcement Agreemtnt Effective October 1, 2017 Through September 30, 2010. (THIS ITEM WAS MOVED BEFORE PUBLIC COMMENTS) Town Manager Gaskins rewd Item 7F into the record. F) Authorize the Mayor to Execute the Federally-Funded Subaward and Grant Agreement with the State of Florida, Division of Emergency Management Regarding Hurricane Irma Funding Assistance. MOTION: Commissioner Zelniker moved to authorize the Mayor to Execute the Federally- Funded Subaward and Grant Agreement with the State of Florida, Division of Emergency Management. The motion was seconded by Commissioner Riesa. UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Riesa - Yes Commissioner Gossett-Seio7nan - Yes Vice Mayor Nila - Yes Mayor Feldman - Yes u Motion passed on a 5 to 0 Note. Town Clerk Gaskins read Item 7G into the record G) Discussion on Meeting Decorum —Commissioner Zelniker Commissioner Zelniker explained that there is a need for decorum and the way the meetings are conducted. Town Attorney yan explained that there needs to be some consistency in how the public is treated. People cannot speak over the time allotted. When a person refuses to follow the rules, that person can be escorted out of the room. It may be necessary to recess the meeting for a few minutes. The Mayor and Town Attorney need to be careful in how they treat the public. She addressed Roberts Rules of Order when conducting a meeting. Discussion ensued with regard to having a Town Attorney at all Commission meetings. There was further discussion regarding public comments at the Commission meetings. MOTION: Commissioner Gossett-Seidman moved to allow discussion between the residents and Commissioners at the meetings; both workshops and regular within reason. The motion was seconded by Commissioner Riesa. Town Commission Regular Minutes Date: August 7, 2018 Page 9 of 13 u UPON ROLL CALL: Commissioner Gossett-Seidman - Yes Commissioner Riesa - Yes Commissioner Zelniker - Yes Vice Mayor Nila - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. Discussion ensued with regard to protocol for residents who are disruptive at the meetings MOTION: Commissioner Riesa moved to have the Civility Pledge read immediately preceding resident comments going forward in all meetings. 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 - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. u Town Clerk Gaskins read Item 7H into the record. H) Discussion of Construction Issues in the Building Department—Commissioner Zelniker Commissioner Zelniker presented this item. Discussion ensued with regard to site plans and landscaping plans; specifically to the replacement of trees that are removed during construction. No action was taken. Town Clerk Gaskins read Item 7I into the record. I) Discussion on Advisory Boards—Vice Mayor Nila Vice Mayor Nila introduced this item. She suggested having a meeting set up for the advisory boards and at that time do the orientation rather than beforehand. A welcome packet should be given to each new board member when appointed at the Commission meeting. Deputy Town Clerk Cuebas explained the process when a member is appointed to the Board. u Town Commission Regular Minutes Date: August 7, 2018 Page 10 of 13 Town Attorney Ryan suggested the Town Clerk's Office send the new board members the orientation information in advance. 8. MISCELLANEOUS—ITEMS LEFT OVER: A) Discussion on Variances—Commissioner Gossett-Seidman Commissioner Gossett-Seidman introduced this item. She referred to the list of variances granted by the Board of Adjustments and Appeals Board dating back to the year 2000. Town Attorney yan explained the role of the Attorney for the Board of Adjustments and Appeals and that the final decision is made by the Board members. Discussion ensued with regards to the criteria needed to grant a variance and having the Commission involved with the final decision making. Town Attorney Ryan explained that this requires a code change. MOTION: Commissioner Gossett-Seidman moved to change the code so that the final decision making authority as it relates to variances are brought before the Commission for final approval. 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 passed on a 4 to 1 vote with Mayor Feldman dissenting. Town Clerk Gaskins read Item 8B into the record. B) Discussion on Holiday Decorations for the Town Hall Complex 1. Discussion on the program and food for Light up the Holidays. Public Works Director Soper explained the type of decorations needed for the holiday and the cost. Town Clerk Gaskins provided the proposal from Brandano Displays, Inc. to the Commissioners. Discussion ensued with regard to the sound system needed for the event and the type of food to be served as well as coordinating the entertainment. Vice Mayor Nila suggested a more elaborate type of finger food such as pastries, fruit tarts, etc. Town Commission Regular Minutes Date: August 7, 2018 Page 11 of 13 MOTION: Vice Mayor Nila moved to accept Brandano Displays, Inc. proposal and to have more elaborate finger foods for Light up the Holidays. The motion was seconded by Commissioner Riesa. UPON ROLL CALL: Vice Mayor Nila - Yes Commissioner Zelniker - Yes Commissioner Gossett-Seidman - Yes Mayor Feldman - Yes Motion passed on a 4 to 0 vote. Commissioner Riesa was not present on the dais. Commissioner Zelniker requested to discuss the format of the Light up the Holidays event. She would like to have various residents from the community participate in the program. MOTION: Commissioner Riesa moved to have Commissioner Zelniker work with the Town Clerk's Office and recruit various residents for the Light up the Holidays event. The motion was seconded by Vice Mayor Nila. UPON ROLL CALL: Commissioner Riesa - Yes Vice Mayor Nila - Yes Commissioner Gossett-Seidman - Yes Commissioner Zelniker - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. Town Clerk Gaskins read Item 8C into the record. C) Discussion on the Walk Path Overlay Public Works Director Soper introduced this item. Public Works Director Soper provided an update on the revised proposal from All-County Paving and forwarded a copy of the proposal and contract to the Town Attorney for review and legal sufficiency. The estimated time for this project is the end of October. Mayor Feldman recommended the residents be notified. Vice Mayor Nila suggested using the public information sign. Public Works Director Soper will work with the Police Department with regard to notifying the residents. MOTION: Commissioner Zelniker moved to accept the contract provided by Public Works Director Soper. The motion was seconded by Commissioner Gossett-Seidman. Town Commission Regular Minutes Date: August 7, 2018 Page 12 of 13 �.. UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Gossett-Seidman - Yes Commissioner Riesa - Yes Vice Mayor Nila - Yes Mayor Feldman - Yes Motion passed on a 5 to 0 vote. 9. REPORTS—TOWN COMMISSION: A) Commissioner Rhoda Zelniker provided comments regarding Air B&B. She requested the Town Attorney look into this and provide the information to the Commission. B) Commissioner Peggy Gossett-Seidman provided comments regarding Air B & B. C) Commissioner Elyse Riesa provided comments regarding Air B&B relating to dockage which is different than a home. She requested Town Clerk Gaskins contact Harry Adwar to let him know that we have a Natural Resources Preservation Advisory Board. Commissioner Riesa asked that a discussion for homes that are being built simultaneously be added to a future agenda. She addressed Mr. Goldstein's comments. D)Vice Mayor Alysen A. Nila asked that the Draft proposal from Mr. Minor regarding permit fees be placed on the August 28, 2018 agenda as well as a discussion on beach raking and access points. She asked that Krystal Strickland follow up with the alcoholic sales tax and real estate tax. E) Mayor Carl Feldman provided comments with regard to the Public Comments moved to the end of the meeting. 10. REPORTS—TOWN ATTORNEY PAMALA RYAN: Town Attorney Ryan provided comments regarding civility on the dais. 11. REPORTS—INTERIM TOWN MANAGER WILLIAM THRASHER: Interim Town Manager Thrasher had no report. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS: The following resident provided comments: Town Commission Regular Minutes Date: August 7, 2018 Page 13 of 13 Janet Friedman 13. ADJOURNMENT: Mayor Feldman called for a motion to adjourn the meeting MOTION: Commissioner Gossett-Seidman moved to adjourn the Regular Meeting at 6:15 PM. The motion was seconded by Commissioner Zelniker, which passed unanimously. APPROVED: A sen ila,rice May Vr 0 Commissioner i Commissioner ATTEST: Transcribed by: Rosalie DeMartino 1211i ane a Gaskins, MNfC I D to Town Clerk u