2018.10.02_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
TOWN COMMISSION REGULAR MEETING
Town Hall/Commission Chambers Date: October 2, 2018
3614 South Ocean Boulevard Time: 1:30 PM
Highland Beach, Florida
CALL TO ORDER:
Vice Mayor Nila called the Regular Meeting to order at 1:30 PM.
PRESENT UPON ROLL CALL:
Vice Mayor Alysen Nila
Commissioner Rhoda Zelniker
Commissioner Elyse Riesa
Commissioner Peggy Gossett-Seidman
Town Attorney Pamala Ryan
Town Manager Marshall Labadie
Town Clerk Lanelda Gaskins
MEMBER ABSENT:
Mayor Carl Feldman
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 welcomed new Town Manager Marshall Labadie.
Commissioner Zelniker added the following items:
"Appointment of Vice Mayor Nila as Commission liaison to the TPA (Transportation Planning
Authority) and FDOT for crosswalk lighting for Ocean Walk and More" as Item 6A.
"Discussion of Red Tide in the ocean" as Item 613.
"Discussion on advisory boards meeting schedules" as Item 6C.
Commissioner Gossett-Seidman added the following items:
"Codes from the year 1999" as Item 6D.
"Demonstration on the magnetic street cleaner as Item 6E.
Town Commission Regular Minutes
Date: October 2, 2018
Page 2 of 12
Vice Mayor Nila added "Discussion on Performance Review for the Town Clerk and the Police
Chief' as Item 6F.
Hearing no further additions, the agenda was accepted as amended.
2. PRESENTATIONS/PROCLAMATIONS:
A)Transportation Planning Authority (TPA) and Florida Department of Transportation
Presentation (FDOT)
By: Kim Delaney, Director of Strategic Development and Policy for Treasure Coast
Regional Planning Council
Vice Mayor Nila introduced Kim Delaney.
Kim Delaney, Director of Strategic Development and Policy gave a PowerPoint presentation on
the background of complete streets and improvement as follows:
• Commitment to Conservation
• What's the Vision for the Town of Highland Beach
• RRR Project(roadway, resurfacing and rehabilitation)
• Working with FDOT
Commissioner Zelniker addressed the palm trees put in by FDOT and the responsibility of the
Town or the homeowners to take care of them. She questioned the options for crosswalk lighting.
Kim Delaney explained the number of options available, what FDOT would pay for and what the
Town's financial responsibility would be.
Commissioner Riesa questioned the timing of the "RRR" project and the process. Ms. Delaney
explained the process, which would include assistance from an engineering firm and a design firm
and how they would approach the project. Timing is very important and the Town would have to
engage her company within the next few weeks.
Commissioner Gossett-Seidman asked for clarification with regard to FDOT's statement that they
would not maintain the walk path without it being cement and that it would be an easy thing to
accomplish.
Kim Delaney continued with her PowerPoint presentation as follows:
• What are Complete Streets?
• The Question of Safety
• Completing Florida's Streets
• What Are the Elements That Make a Street Complete
• Think Beyond the Pavement
• Corridor Context for Complete Streets
• Bicycle Facilities
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Date: October 2, 2018
Page 3 of 12
• A Sample of Cycling Facility Types
• Pedestrian Crossings
• Opportunity for Signature Statements
• Storm Water and Drainage
• Addressing Utility Lines
• Examples of Projects worked on in different municipalities
• Lessons Learned
Vice Mayor Nil a provided comments with regard to the amount of crosswalks on A-1-A and
FDOT's assessment of the type of crosswalks needed.
Kim Delaney explained FDOT's process in what they would typically do regarding crosswalks.
Discussion ensued with regard to the importance of moving quickly on this project and bringing
this before the Planning Board. Ms. Delaney will come back to the Town Manager with a scope
and a cost estimate.
David Axelrod, Chairperson for the Planning Board referred to the current RFQ (Request for
Qualifications) that the board is working on. He asked Ms. Delaney if the RFQ would no longer
be necessary since she has the engineering and design firms needed for this project. She replied
that it would not be necessary. He explained that a referendum would be necessary for this
project, and the cost would be needed as soon as possible in order to have it on the ballot in
March.
Ms. Delaney explained the process involved with the project and the referendum such as the
financing, engineering cost and FDOT.
Town Attorney Ryan asked if Ms. Delaney had a cost estimate for her work. Ms. Delaney replied
that it would be somewhere in the area of$120,000 to $150,000. This does not include costs for
underground wiring. Engineering costs would be in the area of$150,000 to $200,000.
B)Update on Police Department Dispatch/Communications Change
By: Police Chief Craig Hartmann
Chief Hartmann introduced this item and explained that as of October 1, 2018 operations were
switched over from the Palm Beach Sheriff s Office to the Delray Beach Police Department.
He thanked NodeO IT and Eric Aronowitz, Accreditation Manager for their excellent work in
making this transaction happen in a smooth and effortless manner. He thanked the Town
Attorney, Staff and Commission for their help and support.
C)Commendation for a Police Officer
By: Police Chief Craig Hartmann
Chief Hartmann introduced Officer William Semple.
Town Commission Regular Minutes
Date: October 2, 2018
Page 4 of 12
Chief Hartmann presented a Life Saving Commendation Award to Officer Semple for his quick
and decisive action in saving the life of a person who was unresponsive.
3. BOARDS AND COMMITTEES:
Town Clerk Gaskins read Items 4A through 4C into the record.
A) Board Correspondence:
Code Enforcement Board — September 2018
Town Clerk Gaskins read the Board Action Report into the record.
B) Board Vacancies/Interviews
Code Enforcement Board—One (1) Vacancy for Three-Year Terms
Natural Resources Preservation Advisory Board—Three (3) vacancies for Three-Year Terms
C) Upcoming Monthly Board Meetings and Events:
Town Hall Closed:
o October 8, 2018 —Columbus Day
Natural Resources Preservation Advisory Board—October 23, 2018 —9:30 AM
Town Commission Workshop Meeting—October 30, 2018 — 1:30 PM
4. PROPOSED ORDINANCES AND RESOLUTIONS:
Town Clerk Gaskins 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
Town Commission Regular Minutes
Date: October 2, 2018
Page 5 of 12
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING WAS SEPTEMBER 4, 2018)
There were no public comments.
MOTION: Commissioner Zelniker moved to adopt Ordinance No. 18-008 O on the second and
final reading. The motion was seconded by Commissioner Gossett-Seidman.
UPON ROLL CALL:
Commissioner Zelniker - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Riesa - No
Vice Mayor Nila - Yes
Motion passed on a 3 to 1 vote. Commissioner Riesa dissenting.
5. CONSENT AGENDA:
Town Clerk Gaskins read Items 5A through 5.1 into the record.
A)Approval of Meeting Minutes:
• August 7, 2018 —Regular Minutes
• August 14, 2018 — Budget Workshop Minutes
• August 21, 2018 — Special Minutes
• August 28, 2018 — Workshop Minutes
B) Nomination to Appoint Diane Matthewman to the Natural Resources Preservation Advisory
Board for a Full Three-Year Term Ending October 2021.
C) Nomination to Appoint Dario Tertan to the Natural Resources Preservation Advisory Board
for a Full Three-Year Term Ending October 2021.
D) RESOLUTION NO. 18-012 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, ADOPTING THE FISCAL YEAR 2018-2019 SCHEDULE OF
FEES WHICH ESTABLISHES REASONABLE FEES FOR TOWN SERVICES AND
OTHER CHARGES; UPDATING THE BUILDING AND LAND DEVELOPMENT
FEES; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
E) Authorize the Planning Board to Review the Proposed Ordinance Modifying Setbacks on the
Atlantic Ocean.
Town Commission Regular Minutes
Date: October 2, 2018
Page 6 of 12
F) Approve and Authorize the Purchase of a New 2019 Police Patrol Vehicle from Bartow Ford
in the Amount of$32,915.00.
G) Approve and Authorize the Town Attorney to Settle with Colin Baenziger& Associates.
H) Approve and Authorize the Mayor to Execute an Agreement with Palm Beach County
Supervisor of Elections for Vote Processing Equipment Use and Election Services for the
March 12, 2019 General Municipal Election.
I) Approve and Authorize the Town Manager to Execute an Agreement with Tootle Lou
Trolleys, Inc. dba Molley's Trolleys for Shuttle Services for the 2018 Light Up the Holidays
Event.
J) RESOLUTION NO. 18-013 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, AMENDING THE `PERSONNEL RULES AND
REGULATIONS" MANUAL BY MAKING CHANGES TO THE EMPLOYEE
DEVELOPMENT, PERFORMANCE EVALUATION AND MEDICAL EMERGENCY
LEAVE DONATION POLICY ARTICLES; AND PROVIDING AN EFFECTIVE
DATE.
MOTION: Commissioner Riesa moved to accept the Consent Agenda as presented. 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
Motion passed on a 4 to 0 vote.
6. NEW BUSINESS:
A)Appointing Vice Mayor Nila as Commission Liaison to the TPA and FDOT —
Commissioner Zelniker (THIS ITEM WAS ADDED TO THE AGENDA).
Commissioner Zelniker introduced this item.
MOTION: Commissioner Zelniker moved to nominate Vice Mayor Nila as Commission Liaison
with Town Manager Labadie to the TPA (Transportation Planning Authority) and FDOT (Florida
Department of Transportation) for the crosswalk lighting and Ocean Walk and More. The motion
was seconded by Commissioner Gossett-Seidman.
Town Commission Regular Minutes
Date: October 2, 2018
Page 7 of 12
UPON ROLL CALL:
Commissioner Zelniker - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Riesa - Yes
Vice Mayor Nila - Yes
Motion passed on a 4 to 0.
B) Discussion on Red Tide — Commissioner Zelniker (THIS ITEM WAS ADDED TO THE
AGENDA)
Commissioner Zelniker introduced this item.
Commissioner Zelniker mentioned that the Town did not have a policy for testing the ocean water
in Highland Beach. She asked the Town Attorney and the Town Manager if a policy should be
put into effect about testing our water periodically for the safety of the residents.
Town Manager Labadie explained that he will look into the details and the cost to see if it is
something that can be done, whether it be actively or only in an emergency.
Discussion ensued regarding the ocean water and the Intracoastal Waterway and communication
with the residents when problems occur, which is to be a number one priority. Commissioner
&ie suggested using the Code Red system.
C) Discussion on Advisory Board Meeting Scheduling—Commissioner Zelniker
Commissioner Zelniker introduced this item.
She suggested that if an advisory board wants to have a meeting, they should be able to do so.
Discussion ensued with regard to whether a policy was put in place that determined when a
meeting can be called. Meetings should be called by the board's Chairperson when needed.
Town Manager Labadie explained that he will look into seeing if there is a policy in place, and if
not it will be brought back to the Commission for a vote.
D) Discussion on Codes from 1999 — Commissioner Gossett-Seidman (THIS ITEM WAS
ADDED TO THE AGENDA).
Commissioner Gossett-Seidman introduced this item. She presented pictures of the south end of
Town and Bel Lido; what it looks like now with all the new construction and what it looked like
before. She referred to various codes regarding boat docks, rentals, airbnb's, construction fences,
landscaping, etc. and the changes that have been made to the codes.
Discussion ensued with regard to the change in codes over the years and reinstating the way the
codes were written or any changes that need to be made including rentals in Highland Beach.
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Date: October 2, 2018
Page 8 of 12
E) Magnetic Street Cleaner— Commissioner Gossett-Seidman (THIS ITEM WAS ADDED
TO THE AGENDA).
Commissioner Gossett-Seidman provided a demonstration on the magnetic street cleaner.
Commissioner Riesa suggested adding the cost of this machine to the permit fees and providing it
to the builders. Town Attorney yan will add this to the Construction Manual for approval by
the Commission.
F) Performance Evaluation Review by Commissioners Regarding Police Chief and Town
Clerk—Vice Mayor Nila
Vice Mayor Nila introduced this item.
She mentioned that the Commission having input in the performance evaluation reviews for the
Police Chief and Town Clerk since Town Manager Labadie was not here at the time of their
review. She requested that the Commission be copied on these reviews and there be a second
signature, one of the Commissioners, in addition to the Town Manager.
MOTION: Vice Mayor Nila moved to have the Commission, for this year, have the input into
the performance review for the Town Clerk and the Police Chief since Town Manager Labadie
just started. The motion was seconded by Commissioner Zelniker.
Town Attorney Ryan explained that the Charter gives the Town Commission the power to hire
and fire the Police Chief and Town Clerk but the code gives the Town Manager the power to
evaluate their performance.
Discussion ensued with regard to the role of the Town Manager's responsibility for employee
performance evaluations and the ability to have the Commission give their input over the course
of the year.
Town Manager Labadie provided comments with regard to his meeting with each Commissioner
and sharing his future reviews with the Commission.
AMENDED MOTION: Vice Mayor Nila moved to have the Commission give input, for this
year, for the performance evaluation of the Town Clerk and the Chief of Police due to Town
Manager Labadie's recent hire. The motion was seconded by Commissioner Riesa.
UPON ROLL CALL:
Vice Mayor Nila - Yes
Commissioner Riesa - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Zelniker - Yes
Motion passed on a 4 to 0 vote.
Town Commission Regular Minutes
Date: October 2, 2018
Page 9 of 12
7. MISCELLANEOUS— ITEMS LEFT OVER:
Town Clerk Gaskins read Resolution No. 18-014 R into the record.
A) RESOLUTION NO. 18-014 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, APPLYING THE PURCHASING CARD POLICY &
PROCEDURES TO ELECTED OFFICIAL; AND PROVIDING AN EFFECTIVE
DATE.
Town Attorney Ryan introduced this item.
She explained the current credit card policy that has been adopted by the Town. The
Commissioners will fall under that policy at this time in order for them to receive their credit
cards. She will create a new policy for the Commissioners only.
MOTION: Commissioner Riesa moved to adopt Resolution No. 18-014 R. The motion was
seconded by Commissioner Zelniker.
UPON ROLL CALL:
Commissioner Riesa - Yes
Commissioner Zelniker - Yes
Commissioner Gossett-Seidman - Yes
Vice Mayor Nila - Yes
Motion passed on a 4 to 0 vote.
Vice Mayor Nila requested that Town Manager Labadie look into the various credit cards that
have been given to certain employees.
8. CIVILITY PLEDGE:
Town Clerk Gaskins read the Pledge of Civility.
9. PUBLIC COMMENTS AND REQUESTS:
David Axelrod, Planning Board Chaimerson asked if the RFQ is no longer needed, who is
responsible for telling the RFQ Committee. He questioned the proposed ordinance that would
modify the setbacks on the Atlantic Ocean. Town Attorney Roman explained the ordinance would
be presented to the Planning Board at their next meeting for their review. David Axelrod asked
that a meeting of the Planning Board be held sometime this month.
Vice Mayor Nila will meet with Kim Delaney and the Town Manager regarding the RFQ.
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Date: October 2, 2018
Page 10 of 12
10. REPORTS—TOWN COMMISSION:
A) Commissioner Peggy Gossett-Seidman read letters from the residents of Bel Lido regarding
the new regulations for parking of construction vehicles into the record. She welcomed new
Town Manager Labadie and wished Mayor Feldman a speedy recovery.
B) Commissioner Elyse Riesa questioned the status of Marty Minor's contract regarding zoning
and planning that was to be given to the State. Town Attorney Ryan explained that she was in
contact with him and indicated that he would be submitting the changes this week. Commissioner
Riesa provided comments with regard to CERT (Community Emergency Response Team). She is
a member of this organization and indicated that they have an opening for five (5) people. She
suggested the Town Manager look into having some type of interlocal agreements with Delray
Beach and Boca Raton for projects, emergencies, possible Library use, etc.
C) Commissioner Rhoda Zelniker thanked the Signers for their work and ability to help people
with disabilities. She welcomed Town Manager Marshall Labadie.
D) Vice Mayor Alysen A. Nila thanked the Commission for their excellent job and working
together. She referred to an article in the newspaper regarding sea level rise. She provided
comments with regard to the Palm Beach County Office of Resiliency and will be attending
meetings regarding this issue. The Executive Director of this organization has agreed to come to
Highland Beach to determine where the vulnerable areas are. They also do many grants and
studies.
E) Mayor Carl Feldman was absent.
11. REPORTS—TOWN ATTORNEY PAMALA RYAN:
Town Attorney Ryan mentioned that the setback ordinance on the Atlantic Ocean will be going
before the Planning Board for review. She explained the ordinance for the setbacks for the entire
Town and would like to move forward with presenting this ordinance to the Planning Board for
review and a recommendation to the Commission.
Commission Discussion:
Commissioner Gossett-Seidman addressed two areas of this ordinance. The first refers to propane
tanks that could be buried on lots throughout the Town. She would strongly recommend that
propane tanks be registered with the Building Department as to their location on the plans. The
second is to revisit putting water items in side yard setbacks and having them placed in front and
backyards.
Commissioner Riesa questioned whether this ordinance is for single family residents only.
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Date: October 2, 2018
Page 11 of 12
Mary McKinney, Town Planner explained that if there is a replacement such as an air
conditioning unit in a Town House, they would be grandfathered in. Town Attorney Ryan will
look into clarifying this section regarding Town Homes/Multiplex homes.
Commissioner Zelniker agreed that there needs to be clarification with regard to single family
homes, condominiums and townhomes.
Vice Mayor Nila had a concern with regard to feet as far as distances and suggested the footage
be more restrictive; especially for air conditioners, generators or barbeques.
Town Attorney Ryan will incorporate the Commissioner's comments and present it to the
Planning Board for their comments and review.
Town Attorney yan contacted Colin Baenziger and he has agreed to reduce the amount of his
contract to $18,000.00.
12. REPORTS— TOWN MANAGER MARSHALL LABADIE:
Town Manager Labadie had no report. Welcome to the Town of Highland Beach.
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Date: October 2, 2018
Page 12 of 12
13. ADJOURNMENT:
There being no further business Vice Mayor Nila called for a motion to adjourn the meeting.
MOTION: Commissioner Riesa moved to adjourn the Regular Meeting at 4:30 PM. The motion
was seconded by Commissioner Zelniker, which passed unanimously.
APPROVED:
0�
Alysen A. Nila Vice Mayor
r
/ommissioner
Ct. Co issioner
ATTEST: `
Transcribed by: Rosalie DeMartino
CV.00
Lan lda Gaskins MMC Date
Town Clerk