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2018.10.30_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH TOWN COMMISSION WORKSHOP MINUTES Town Hall/Commission Chambers Date: October 30, 2018 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida CALL TO ORDER: Mayor Feldman called the Workshop Meeting to order at 1:30 PM. PRESENT UPON ROLL CALL: Mayor Carl Feldman 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 Pledge of Allegiance: The Pledge of Allegiance was led by the Commission, followed by a moment of silence. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Commissioner Zelniker removed Item 5H "Discussion of Revised Public Works Director Job Description Modifications" from the agenda. Commissioner Gossett-Seidman removed the following items: Item 5F, "Discussion on Updating the Current Standards and Time Limits for Building Permits" Item 5G: "Discussion on Parking on Streets in Particular to Service Vehicles and Others on Side Streets". The agenda was accepted as amended. Town Commission Workshop Minutes Date: October 30, 2018 Page 2 of 12 2. PRESENTATIONS/PROCLAMATIONS: A) Introduction of Pressure Equalizing Modules (PEM) by Commissioner Riesa 1. Pressure Equalizing Modules (PEM) Presentation BY: Kenneth V. Christensen, Chief Executive Officer of Ecoshore International Commissioner Riesa introduced this item. Kenneth V. Christensen, Chief Executive Officer of Ecoshore International provided background information about the company and gave a PowerPoint presentation highlighting the following: o Beach erosion conditions at the south end of Town compared to the north end of Town which benefits from the beach re-nourishment in Delray Beach. o Beach nourishment alternatives including estimated costs. o Explanation of the PEM system for a five-year period, how it works and estimated cost. o Different layers of sand on the beach and their ability to drain water. o How PEM Modules are installed. o Projects using these modules and the results. o A Pilot Study for Highland Beach to see how effective this system would be for the Town. Commission Discussion: Commissioner Gossett-Seidman asked for an explanation regarding the north end of Town getting the sand from Delray Beach as opposed to the south end of Town having less sand. Commissioner Zelniker had questions regarding the plastic and seaweed that is on the beach and how it would affect the PEM. Vice Mayor Nila provided comments regarding beach raking. She asked if the beach racking would interfere with the PEM. She also inquired about the amount of sand that would be recovered. Mayor Feldman asked if the projects performed by his company were on public beaches or private beaches. Mr. Christensen answered the questions asked by the Commission. Town Commission Workshop Minutes Date: October 30, 2018 Page 3 of 12 3. BOARDS AND COMMITTEES Town Clerk Gaskins read Items 3A through 3C into the record. A) Board Action Reports: Town Clerk Gaskins read the board action reports into the record. Planning Board—October 2018 Natural Resources Preservation Advisory Board—October 2018 Code Enforcement Board—One (1) Vacancy for a Three-Year Term Discussion ensued about one member from each board presenting a report to the Town Commission regarding the actions the actions took place the the advisory board meeting. Jack Halpern, member of the Natural Resources Preservation Board and the Code Enforcement Board provided comments about both board meetings held on October 23, 2018. He noted that hand raking the beach was not a feasible option to be considered by the Commission. John Boden, member of the Planning Board explained the board members recommended engaging in a consulting firm for the Ocean Walk and More project. B) Board Vacancies/Interviews: Code Enforcement Board—One (1) Vacancy for a Three-Year Term Natural Resources Preservation Advisory Board — Two (2) Vacancies: One (1) Three-Year Term and One (1) Unexpired Term Ending July 2 02 1. C) Upcoming Monthly Meetings and Events: o Town Commission Special Meeting—November 1, 2018 — 1:30 PM o Town Commission Regular Meeting—November 6, 2018 — 1:30 PM o Town Hall Closed: o November 12, 2018 —Observance of Veteran's Day o November 22, 2018 —Observance of Thanksgiving Day o November 23, 2018 —Observance of Day after Thanksgiving Day o Planning Board Meeting—November 14, 2018 —9:30 AM o Town Commission Workshop Meeting—November 27, 2018 — 1:30 PM o Light Up the Holidays Event—November 29, 2018 —6:30 PM Town Commission Workshop Minutes Date: October 30, 2018 Page 4 of 12 4. PROPOSED ORDINANCES AND RESOLUTIONS: Town Clerk Gaskins read the Proposed Resolution into the record. A) PROPOSED RESOLUTION /TOWN CANVASSING BOARD A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CALLING FOR A NONPARTISAN ELECTION TO BE HELD ON TUESDAY, MARCH 12, 2019, AND ANY OTHER ELECTIONS CALLED DURING CALENDAR YEAR 2019; ALL ELECTIONS SHALL BE HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE TOWN BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00 PM; DESIGNATING THE MEMBERS OF THE TOWN'S CANVASSING BOARD IN ACCORDANCE WITH SECTION 1.06(7) OF THE TOWN OF HIGHLAND BEACH CHARTER; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Town Manager Labadie introduced this item. Town Clerk Gaskins explained that Town Commission could designate one member from the board as a member of the Town's Canvassing Board as long as the designated member seat was not up for election. Mayor Feldman mentioned that he would volunteer to be the designee. Discussion ensued about the Canvassing Board and campaign activities of a canvassing board member. It was the consensus of the Commission to place this item on the November 6, 2018, Regular Agenda under Miscellaneous—Items Left Over for discussion. Town Clerk Gaskins read the Proposed Resolution into the record. B) PROPOSED RESOLUTION / CONSTRUCTION SITE MANAGEMENT HANDBOOK A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING THE CONSTRUCTION SITE MANAGEMENT HANDBOOK; PROVIDING AN EFFECTIVE DATE. 1. CONSTRUCTION SITE MANAGEMENT HANDBOOK Town Attorney Ryan introduced this item and explained the changes made to the Handbook. Town Commission Workshop Minutes Date: October 30, 2018 Page 5 of 12 Vice Mayor Nila referred to the below pages in the Construction Site Management Handbook and asked for clarification. Discussion ensued and the clarifications were made. Page 7 (B)—Dumpsters . Page 7—Signs Page 9—Alternate Parking Sites Work in Town on holidays It was the consensus of the Commission to place this Resolution on the November 6, 2018, Regular Meeting Consent Agenda. Town Clerk Gaskins read the Proposed Ordinance into the record. C) PROPOSED ORDINANCE / STRUCTURES AND ITEMS INTO SETBACK AREAS AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING", AMENDING ARTICLE IV "ZONING DISTRICTS", SECTION 30-66 "OTHER REQUIREMENTS", TO MODIFY THE REQUIREMENTS TO ALLOW CERTAIN STRUCTURES AND ITEMS INTO SETBACK AREAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie introduced this item. Commission Discussion: Commissioner Gossett-Seidman mentioned her concerns were with generators and propane tanks placed in the side yard setbacks. Commissioner Riesa concurred with Commissioner Seidman-Gossett. Commissioner Zelniker mentioned that she was in favor of the ordinance. She also concurred with Commissioner Riesa and Commissioner Gossett-Seidman. Vice Mayor Nil a asked that the Town Attorney address the issue of generator and air conditioner in the side yard setbacks. She provided comments regarding the screening of the air conditioners and generators. Mayor Feldman provided comments about changes being done in the setbacks. Town Commission Workshop Minutes Date: October 30, 2018 Page 6 of 12 Town Attorney Ryan explained that she would look at the section regarding the generators; and make the changes suggested by Vice Mayor Nila regarding the screening of air conditioners and generators. It was the consensus of the Commission to place this ordinance on the November 6, 2018, Regular Meeting Agenda. Town Clerk Gaskins read the Proposed Ordinance into the record. D) PROPOSED ORDINANCE /SETBACKS ON THE ATLANTIC OCEAN AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING CODE", ARTICLE V "NATURAL RESOURCES", SECTION 30-81 "FENCES AND WALLS WITHIN COASTAL CONSTRUCTION CONTROL LINE" BY PROVIDING FOR REGULATIONS GOVERNING SETBACKS ON THE OCEAN; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie introduced this item. Commission Discussion: Commissioner Gossett-Seidman, Commissioner Riesa and Commissioner Zelniker were in favor of this ordinance. Vice Mayor Nila commented on the ability to place a sign at the foot of a resident's dune westward area restricting anyone from walking on their dune; especially during and after re-nourishing and revitalizing their dunes. Discussion ensued with regard to the type of sign allowed, the amount of signs allowed and the placement of the signs. Commissioner Riesa explained that signs are not a part of this ordinance and suggested leaving the ordinance as is and coming back at a future date to discuss the sign ordinance. There was no action was taken on this ordinance. Mayor Feldman called for a recess at 3:43 PM and left the dais. Vice Mayor Nila reconvened the meeting at 3:50 PM. Town Commission Workshop Minutes Date: October 30, 2018 Page 7 of 12 5. NEW BUSINESS: Town Clerk Gaskins read Item 5A into the record. A) Approval of Minutes: September 4, 2018—Regular Minutes September 6, 2018— Special/First Public Budget Hearing Minutes September 17, 2018 — Special Minutes September 21, 2018 —Special/Second Public Budget Hearing Minutes September 25, 2018 — Workshop Minutes October 2, 2018 —Regular Minutes It was the consensus of the Commission to place all the minutes on the November 6, 2018, Regular Meeting Consent Agenda. Town Clerk Gaskins read Item 5B into the record. B) Approval to Authorize the Mayor to Execute an Interlocal Agreement between the Town of Highland Beach and Palm Beach County for Use of the County Public Radio System. Town Manager Labadie introduced this item. Police Chief Craig Hartmann explained the benefits of interlocal agreement with Palm Beach County agreement and the approximate cost. It was the consensus of the Commission to place this item on the November 6, 2018, Regular Meeting Consent Agenda. Town Clerk Gaskins read Item 5C into the record. C) Beach Raking Discussion—Vice Mayor Nila 1. Beach Raking Codes Vice Mayor Nila introduced this item. She commented on the mechanical beach raking solution and the possibility of manual beach raking as well; and suggested there be a code for mechanical beach raking as well as one for the manually beach raking for private homeowners. Discussion ensued with regard to having a code for mechanical and a code for manual beach raking. Town Attorney Ryan explained that she would prepare one ordinance that will include the manual beach raking and the mechanical beach raking. Town Commission Workshop Minutes Date: October 30, 2018 Page 8 of 12 2. Citation Codes and Enforcement—Town Attorney Ryan Town Attorney Ryan introduced this item. She mentioned that the fines need to be updated and is in the process of developing a citation system which would deal with many issues and not just beach raking. She explained the changes being made to the codes and how the citations would be imposed on the different violations. It is imperative that the Town has an enforcement mechanism. Vice Mayor Nila explained that the DEP (Department of Environmental Protection) is encouraging the Town to take control of the beach raking. Discussion ensued regarding the Town Manager working with the Police Department and coming up with the appropriate plan to enforce the codes. 3. Beach Raking Options Vice Mayor Nila introduced this item. She mentioned that the Natural Resources Preservation Advisory Board made a recommendation to the Commission that the Town take over the beach raking so there would be better control over the process. Commission Discussion: Commissioner Gossett-Seidman questioned the level of priority for the beach raking. Commissioner Riesa provided comments with regard to the implementation of the Town taking over the beach raking; such as a financial study on how it would be paid for and the residents' approval. She suggested putting this in phases. Commissioner Zelniker mentioned that she agrees that the Town should take over the beach raking. She also commented about the information needs to be communicated to the residents about the cost and enforcing the codes for the beach rakers. Vice Mayor Nila provided comments regarding the various issues with beach raking and the implementation of the new codes. She suggested working on Item No. 1 (Beach Raking Codes) and Item No. 2 (Citation Codes and Enforcement) first and having the Town Manager work on the beach raking options. She was in favor of having the residents share in the beach raking costs. Town Commission Workshop Minutes Date: October 30,2018 Page 9 of 12 Town Clerk Gaskins read Item 5D into the record. D) Discussion on Town Access Points—Vice Mayor Nila. Vice Mayor Nila introduced this item and explained that Police Chief Hartmann has been talking with the various condominiums on the beach to obtain an access point for both public safety and beach raking. She also provided comments regarding the necessity of access points and gave a PowerPoint Presentation highlighted importance of having access points as follows: • Police vehicle for beach patrol • Beach raking • DEP in favor of the Town taking over the beach raking • A Beach raker intruding into the dune • Conditions on the beach caused by the beach rakers • Proposed look for beach access from A-1-A (private driveway with pavers and a gate) • Access to A-1-A from the beach side • Advantages for a condominium or a single family home • Identifying certain properties and sending mailings to see if there is any interest • Legal process Town Attorney Ryan provided comments regarding the importance of beach access. Commissioner Gossett-Seidman mentioned she was in favor of the access points. She inquired about eminent domain. Town Attorney Ryan replied eminent domain could be done and that is was very costly. Commissioner Riesa mentioned that she was in favor of the beach access points and would support eminent domain, if necessary. Vice Mayor Nila commented on a presentation made to a condominium regarding beach access, which is midway on the beach. Commissioner Zelniker explained the past history about beach access and the cost that may be involved. Town Attorney Ryan explained that this access would be for beach raking and public safety only and not open to the public. Town Manager Labadie will reach out to certain condominiums to see if they would be interested in allowing the Town to have beach access. Town Clerk Gaskins read Item 5E into the record. E) Discussion on Vacation Rentals—Commissioner Gossett-Seidman. Commissioner Gossett-Seidman introduced this item. She read into the record the input from other towns and communities in the State that had difficulties with vacation rentals. She provided comments regarding the history of Airbnb. Town Commission Workshop Minutes Date: October 30, 2018 Page 10 of 12 Town Attorney Ryan explained that she has drafted an ordinance to control short-term vacation rentals, and that they are allowed, but regulations need to be put in place. F) Discussion on Updating the Current Standards and Time Limits for Building Permits — Commissioner Gossett-Seidman. (THIS ITEM WAS REMOVED FROM THE AGENDA). G) Discussion on Parking on Streets in Particular to Service Vehicles and Others on Side Streets — Commissioner Gossett-Seidman. (THIS ITEM WAS REMOVED FROM THE AGENDA). H) Discussion of Revised Public Works Director Job Description Modifications. (THIS ITEM WAS REMOVED FROM THE AGENDA). Town Clerk Gaskins read Item 5I into the record. 1) Discussion of Seawall Ordinance: 1. Action to Grant Relief from Sec. 6-128. (a) Signature Submission Provisions of the Ordinance. 2. Action to Modify Ordinance to add and/or Clarify Grade Alternation and Access Provisions. Town Manager Labadie introduced this item. 1. He referred to a seawall application that is coming before the Commission. In order to expedite this application, they would have to provide a Hold Harmless Agreement indemnify the Town. 2. He provided comments regarding modifications that would be necessary to the Seawall Ordinance. Commission Discussion: Commissioner Gossett-Seidman explained that the ordinance needs to be revised based on some of the issues in the Town. Commissioner Riesa provided comments related to the urgency of the seawall repairs due to the beach erosion and other factors. She referred to the application coming before the Commission and was in favor of waiving the part of the ordinance that states the application must be submitted to the Town Manager prior to the commencement of such work given the emergency situation provided they meet all the necessary requirements. Town Attorney Ryan explained that if the application is discussed and approved at a Public Hearing meeting on November 6`h, there would be a condition of approval that they would have to give the Town a Hold Harmless Agreement and Indemnification. Commissioner Zelniker concurred with Commissioner Riesa. Town Commission Workshop Minutes Date: October 30, 2018 Page 11 of 12 Vice Mayor Nila questioned the Hold Harmless Agreement. Town Attorney Ryan explained that the applicant would be responsible for the cost in the event the Town incurs any lawsuits. Regarding Item 2, Vice Mayor Nila was in favor of encouraging homeowners to raise their seawalls to protect their property. Commissioner Gossett-Seidman read Section 6-132 of the Code into the record regarding emergency situations for seawalls. Town Attorney Ryan replied that it this situation was not an emergency situation but an urgent situation. 6. MISCELLANEOUS—ITEMS LEFT OVER: None. 7. CIVILITY PLEDGE: Deputy Town Clerk Cuebas read the Pledge of Civility. 8. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT THE MEETING ONLY: Clayton Peer, President of Universal Beach Services commented on his years of service working in Highland Beach and is listening to the Town's concerns. The following residents provided comments: Mark Hammister Dennis DiFlorio Doug Hillman 9. REPORTS—TOWN COMMISSION: A) Commissioner Peggy Gossett-Seidman explained that the Commission, Town Manager and Town Attorney are working hard to help all the residents of Highland Beach. B) Commissioner Elyse Riesa commented that the Commission is doing everything they can for the Town. C) Commissioner Rhoda Zelniker thanked the Town staff for lowering the flags to half-mast. D) Vice Mayor Alysen A. Nila provided comments regarding her meeting with Town Manager Labadie and representatives from the Palm Beach County of Resiliency showing them around the Town and the problems incurred with beach erosion, lift stations that were too low and other issues. She mentioned the Christmas lights in front of Town Hall. Town Commission Workshop Minutes Date: October 30, 2018 Page 12 of 12 E) Mayor Carl Feldman was absent. 10. REPORTS—TOWN ATTORNEY PAMALA RYAN: Town Attorney yan had no comments. 10. REPORTS—TOWN MANAGER MARSHALL LABADIE: Town Manager Labadie reminded the residents about the Light Up the Holidays event scheduled for November 29, 2018 at 6:30 PM. 12. ADJOURNMENT: There being no further business Vice Mayor Nila called for a motion to adjourn the meeting. MOTION: Commissioner Riesa moved to adjourn the 5:55 PM. The motion was seconded by Commissioner Zelniker. APPROVED: C1,1L, Alysen . Nila, Vice May r 3 Commis on)r dDycommissioner ATTEST: Transcribed by: Rosalie DeMartino 12- lq/c)-c" an da Gaskins, MMC, Date Town Clerk