2018.09.04_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
TOWN COMMISSION REGULAR MEETING
Town Hall/Commission Chambers Date: September 4, 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 Lanelda Gaskins
Deputy Town Clerk Terisha Cuebas
Pledge of Allegiance:
The Pledge of Allegiance was led by Commission, followed by a moment of silence.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Vice Mayor Nila added"Discussion on the Building Department" as Item 6A.
Interim Town Manager Gaskins added the following items:
"Discussion on Public Works Director's Position" as Item 6B.
"Discussion on Finance Director's Position as Item 6C.
"Discussion on Building and Code Enforcement Services as a subitem under Item 6A.
"Updates to the Proposed Budget" under Item 2B.
Commissioner Zelniker asked to remove Item 5D from the Consent Agenda.
The agenda was accepted as amended.
Town Commission Regular Minutes
Date: September 4, 2018
Page 2 of 11
Craig Hartmann, Chief of Police introduced Jay Szesnak, as the new Lieutenant with the
Highland Beach Police Department and gave a brief overview of Lieutenant Szesnak's
professional work experiences, background and credentials.
2. PRESENTATIONS/PROCLAMATIONS:
A) Sea Turtle Season
By: Barbara James
Barbara James, the Sea Turtle Permit Holder for the Florida Fish and Wildlife Commission gave a
presentation on this year's turtle season. She discussed the ordinance that is related to protect the
turtles' nesting; especially the lighting issues. She explained that if anyone should encounter a
problem on the beach with a sea turtle, she would be the person to call or the police.
B)Updates to the Proposed Budget
By: Interim Senior Financial Analyst Krystal Strickland
Interim Senior Financial Analyst Strickland introduced this item and explained the updates to the
Proposed Budget based on the three omissions that were discovered while compiling the final
detailed budget. She explained that the item that needed discussion was in the amount of$70,000
for Other General Government repairs and maintenance to Town Hall and explained the three
options with regard to this amount. She also explained the net effect on the general government.
MOTION: Vice Mayor Nila moved to make sure the Town hires a consultant to do a pre-audit
of what our Finance Director does as far as the budget. The motion was seconded by
Commissioner Zelniker.
UPON ROLL CALL:
Vice Mayor Nila - Yes
Commissioner Zelniker - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Riesa - Yes
Mayor Feldman - No
Motion passed on a 4 to 1 vote with Mayor Feldman dissenting.
Commissioner Zelniker provided comments with regard to the budget, millage rate, investment
policy, the mistakes found in the budget and the role that the Commission must take in setting
policies and procedures.
Interim Senior Financial Analyst Strickland explained that the investments made for the Town is
in accordance with the Florida statute.
Town Commission Regular Minutes
Date: September 4, 2018
Page 3 of 11
Discussion ensued with regard to the General Government Fund pertaining to the $70,000.00.
Commissioner Riesa suggested leaving this amount in the budget. Vice Mayor Nila suggested
holding off on the projects.
MOTION: Commissioner Riesa moved to leave the $70,000 in the budget until the Town
Manager comes and then re-address it.
Motion failed for lack of a second.
MOTION: Commissioner Zelniker moved to not spend the $70,000 at this time and revisit the
issue when the new Town Manager starts. 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 passed on a 4 to 1 vote with Mayor Feldman dissenting.
3. BOARDS AND COMMITTEES:
Deputy Town Clerk Cuebas read Items 4A through 4C 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
Planning Board—One (1) vacancy for an Unexpired Term Ending April 2019
C) Upcoming Monthly Board Meetings and Events:
Town Commission Special Meeting/First Public Budget Hearing—September 6, 2018 —5:01 PM
Planning Board Meeting—September 12, 2018 —9:30 AM
RFQ 2018-04 Selection Committee Meeting—September 12, 2018— 10:30 AM
Town Commission Special Meeting/Second/Final Budget Hearing — September 13, 2018 — 5:01
PM. (The date has been changed to Thursday, September 20, 2018 — 5:01 PM)
Town Commission Workshop Meeting— September 25, 2018 — 1:30 PM
Code Enforcement Board Meeting— September 26, 2018 —9:30 AM
Town Commission Regular Minutes
Date: September 4, 2018
Page 4 of 11
4. PROPOSED ORDINANCES AND RESOLUTIONS:
Deputy Town Clerk Cuebas read Ordinance No. 18-008 O into the record.
A) ORDINANCE NO. 18-008 O (FIRST READING)
AN ORDINANCE OF THE TOWN COMMISSIION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, AMENDING CHAPTER 20 "PLANNING AND
DEVELOPMENT", ARTICLE III `BOARD OF ADJUSTMENT AND APPEALS;
ADMINISTRATION", SECTION 20-51 "INSPECTIONS"; ARTICLE VI
"FLOODPLAIN MANAGEMENT", DIVISION 1 "ADMINISTRATION", SECTION
20-346 "VARIANCES AND APPEALS; HIGHLAND BEACH BOARD OF
ADJUSTMENT AND APPEALS; AMENDING CHAPTER 30 "ZONING CODE",
ARTICLE II "DECISION MAKING AND ADMINISTRATION", SECTION 30-23
"BOARD OF ADJUSTMENT AND APPEALS; ARTICLE III "DEVELOPMENT
REVIEW", SECTION 30-31 "DEVELOPMENT REVIEW ESTABLISHED" AND
SECTION 30-40 "VARIANCES AND INTERPRETATIONS"; ARTICLE IV
"ZONING DISTRICTS", SECTION 30-64 "PROPERTY DEVELOPMENT
REGULATIONS" ARTICLE VI "NONCONFORMITIES", SECTION 30-103
"NONCONFORMING LOTS OF RECORD," TO PROVIDE THAT VARIANCES
SHALL BE DECIDED BY THE TOWN COMMISSION UPON RECOMMENDATION
BY THE BOARD OF ADJUSTMENT AND APPEALS; PROVIDING FOR THE
REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Commission Discussion:
Commissioner Riesa provided comments regarding the Board of Adjustment and Appeals Board
and suggested this board be given a refresher by the attorney as to when they should or should not
grant a variance for hardship and what constitutes a hardship. The board should rely on the
attorney to advise them when a variance should be granted. She is not in favor of this ordinance
and suggested the Commission wait for the new Town Manager to review this ordinance.
Commissioner Zelniker provided comments and supports this ordinance.
Commissioner Gossett-Seidman provided comments with regard to new construction in the Bel
Lido Community and variances granted in the past for setbacks and docks. She is in support of
this ordinance.
Vice Mayor Nila provided comments with regard to other towns that follow the same procedure
as stated in the ordinance. She is in support of this ordinance.
Mayor Feldman questioned why the Board of Adjustment and Appeals, a quasi-judicial board, is
needed if the Commission is making the final decision. Commissioner Gossett-Seidman
explained.
Town Commission Regular Minutes
Date: September 4, 2018
Page 5 of 11
Bryan Perilman, Chairperson of the Board of Adjustment and Appeals provided comments with
regard to the qualifications of the members serving on the board and explained that they carefully
review requests for variances. He commented on several of the variances that appeared before the
board over the past few years and the careful consideration given to each application before
approval or denial. He asked that the Commission reconsider this issue.
Ilene Mendelson, member of the Board of Adjustment and Appeals and previous member of the
Planning Board explained the importance of applicants having to prove a hardship. She provided
comments with regard to the issues with the Building Department and Code Enforcement. She
was in agreement with Commissioner Riesa's comment and was not in favor of a double tier.
Discussion ensued with regard to the reasons behind this ordinance and the issues with the
Building Department.
MOTION: Commissioner Riesa moved to put Ordinance No. 18-008 O on hold until the new
Building Department is established and then come back to it.
The motion failed for lack of a second.
MOTION: Commissioner Gossett-Seidman moved to approve Ordinance No. 18-008 O on the
first reading. The motion was seconded by Commissioner Zelniker.
UPON ROLL CALL:
Commissioner Gossett-Seidman - Yes
Commissioner Zelniker - Yes
Commissioner Riesa - No
Vice Mayor Nila - Yes
Mayor Feldman - No
Motion passed on a 3 to 2 vote with Commissioner Riesa and Mayor Feldman dissenting.
Ordinance No. 18-008 O will be placed on the October 2, 2018, Regular Meeting for a second
reading.
Deputy Town Clerk Cuebas read Item 4B into the record.
B)RESOLUTION NO. 18-009 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE TOWN OF
HIGHLAND BEACH AND MARSHALL LABADIE AS TOWN MANAGER;
AUTHORIZING THE MAYOR TO EXECUTE THE EMPLOYMENT AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
Town Commission Regular Minutes
Date: September 4, 2018
Page 6 of 11
Vice Mayor Nila read the terms of the employment agreement into the record.
Discussion ensued with regard to the vetting of Marshall Labadie. Chief Hartmann explained
that his department conducted a criminal background check.
MOTION: Commissioner Riesa moved to adopt Resolution No. 18-009 R. The motion was
seconded by Commissioner Gossett-Seidman.
Interim Town Manager Gaskins mentioned that she will contact a company that will do the
vetting process for Mr. Labadie and the information will be provided to the Commission.
UPON ROLL CALL:
Commissioner Riesa - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Zelniker - Yes
Vice Mayor Nila - Yes
Mayor Feldman - No
Motion passed on a 4 to 1 vote with Mayor Feldman dissenting.
5. CONSENT AGENDA:
Deputy Town Clerk Cuebas read Items 6A through 6F into the record.
A)Approval of Meeting Minutes:
• July 26, 2018 — Special Minutes
• July 30, 2018 — Special Minutes
• July 31, 2018 — Workshop Minutes
• August 6, 2018 — Budget Workshop Minutes
B) Nomination to Appoint John Boden to the Planning Board for an Unexpired Term Ending
April 2019.
C) RESOLUTION NO. 18-008 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, HONORING
FIFTY YEARS OF MUNICIPAL HOME RULE IN THE FLORIDA CONSTITUTION
AND COMMITTING TO AN EDUCATIONAL INITIATIVE TO HELP FLORIDIANS
UNDERSTAND THIS BENEFICIAL RIGHT.
D) Approve and Authorize the Mayor to Execute an Agreement with the Town of Highland
Beach and Hy-Byrd, Inc. Inspection Services for Building Official, Plan Review, Inspections
Town Commission Regular Minutes
Date: September 4, 2018
Page 7 of 11
and Code Enforcement Services. (THIS ITEM WAS REMOVED FROM THE CONSENT
AGENDA).
E) Approve and Authorize the Light Up the Holidays Event 2018 to Begin at 6:30 PM.
F) Approve and Authorize the Mayor to Execute an Agreement for Record Imaging Services
from Advanced Data Solutions, Inc. for the Town's Scanning Project.
Commissioner Gossett-Seidman left the dais at 3:30 PM and returned at 3:48 PM.
MOTION: Commissioner Zelniker moved to accept the Consent Agenda as amended. The
motion was seconded by Commissioner Riesa.
UPON ROLL CALL:
Commissioner Zelniker - Yes
Commissioner Riesa - Yes
Vice Mayor Nila - Yes
Mayor Feldman - Yes
Motion passed on a 4 to 0 vote.
Commission recessed at 3:42 PM and reconvened at 3:30 PM.
6. NEW BUSINESS:
A) Discussion on the Building Department — Vice Mayor Nila (THIS ITEM WAS ADDED
TO THE AGENDA)
Vice Mayor Nila provided comments with regard to the issues with the Building Department and
SAFEbuilt.
Town Attorney yan provided comments about SAFEbuilt's contract and the duties of the
Building Official. She indicated that there needs to be policies and procedures put in place in
addition to the codes.
Discussion ensued with regard to hiring a company to take over the Building Department since
SAFEbuilt has terminated their contract.
Mayor Feldman read a letter into the record the letter he received from a developer requesting
being able to work on Saturdays through November 3rd in order to complete the project. Town
Attorney Ryan explained that the Commission passed an ordinance and there were no exceptions.
Discussion ensued with regard to the developer's request and the ordinance.
Town Commission Regular Minutes
Date: September 4, 2018
Page 8 of 11
MOTION: Commissioner Riesa moved to allow the Interim Town Manager to enter into an
agreement with another city, a company or an individual for a Building Official and Code
Enforcement Officer. The motion was seconded by Commissioner Gossett-Seidman.
UPON ROLL CALL:
Commssioner Riesa - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Zelniker - Yes
Vice Mayor Nila - Yes
Mayor Feldman - Yes
Motion passed on a 5 to 0 vote.
B) Discussion on the Public Works Director (THIS ITEM WAS ADDED TO THE
AGENDA)
Mayor Feldman explained that Public Works Director Edward Soper has given his notice of
resignation as of September 21, 2018. Discussion ensued with regard to the qualifications needed
to fill the position of Public Works Director for the Town of Highland Beach.
Public Works Director Soper explained the qualifications needed at the time of his hire and gave a
description of his qualifications, experience and certifications.
Commissioner Riesa suggested that each of the Commissioners send their comments with regard
to qualifications needed to the Interim Town Manager and shared with the new Town Manager. It
was the consensus of the Commission that they would send their comments to Interim Town
Manager Gaskins by Friday, September 7h.
C) Discussion on Finance Director Position (THIS ITEM WAS ADDED TO THE
AGENDA)
MOTION: Commissioner Riesa moved to have Interim Town Manager Gaskins contact GSG
Government to come up with a proposal to extend Krystal Strickland's time until the Town hires
a new Finance Director. 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: September 4, 2018
Page 9 of 11
MOTION: Commissioner Riesa moved to move forward with vetting the two candidates and
allow the Interim Town Manager to interview them. The motion was seconded by Commissioner
Gossett-Seidman.
Commissioner Gossett-Seidman provided comments with regard to a Highland Beach resident
who applied for the Finance Director position.
AMENDED MOTION: Commissioner Riesa moved to add any candidates other than the ones
already chosen to the list and given to the Interim Town Manager as long as they meet the
requirements.
Interim Town Manager Gaskins explained the different trade associations that were contacted for
advertising this position.
Commissioner Riesa withdrew her motion.
7. MISCELLANEOUS—ITEMS LEFT OVER:
None.
8. CIVILITY PLEDGE:
Deputy Town Clerk Cuebas read the Pledge of Civility.
9. PUBLIC COMMENTS AND REQUESTS:
There were no public comments or requests.
10. REPORTS—TOWN COMMISSION:
A) Commissioner Rhoda Zelniker mentioned the new Town Manager, Marshall Labadie
starting on October 1st
B) Commissioner Peggy Gossett-Seidman had no report.
C) Commissioner Elyse Riesa had no report.
D) Vice Mayor Alysen A. Nila commented on a Netflix movie called "All the Queen's Horses".
She mentioned there is a Miami South Florida Regional Climate Leadership Summit and
suggested the Commissioners attend this since the Town is on a barrier island.
Town Commission Regular Minutes
Date: September 4, 2018
Page 10 of 11
E) Mayor Carl Feldman suggested there be a new team building committee such as the Town
has had in the past for the employees. There should be an orientation meeting for the elected
officials.
11. REPORTS—TOWN ATTORNEY PAMALA RYAN:
Town Attorney Ryan had no report.
12. REPORTS—INTERIM TOWN MANAGER LANELDA GASKINS:
Interim Town Manager Gaskins gave an update on the following items:
• Non-union Management Financial package, which is a policy change and will be coming back
to the Commission at the next meeting for approval and adoption.
• First Transit, Inc. — The proposal for the shuttle service for the Light up the Holiday event
provides for two shuttles that are ADA compliant at a cost of $65.00/hr. per shuttle. She is
meeting with Chief Hartmann and the representative from First Transit to discuss the logistics.
• IT Consultant is in the process of obtaining quotes for the additional equipment needed for
closed-captioning. All the public meetings with the exception of the August 28th Town
Commission Workshop meeting will be available on line no later than Friday. She is working
with the IT consultant to update Channel 99 with regard to re-broadcasting the meetings.
• With regard to Ordinance No 18-007 O on street parking, staff has been pro-active with
educating the contractors and the community about the changes.
• The Finance Director applications were reviewed by Chairperson Greg Babij of the Financial
Advisory Board and Interim Senior Financial Analyst Krystal Strickland.
• She provided comments with regard to the companies contacted for Building Department
services as well as the City of Delray Beach.
Town Commission Regular Minutes
Date: September 4, 2018
Page 11 of 11
13. ADJOURNMENT:
There being no further business, 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: "1
C41 Feldman, Mayor
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ATTEST: �r
Transcribed by: Rosalie DeMartino
s
erisha Cuebas, Date
Deputy Town Clerk