2018.11.06_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
TOWN COMMISSION REGULAR MEETING
Town Hall/Commission Chambers Date: November 6, 2018
3614 South Ocean Boulevard Time: 1:30 PM
Highland Beach, Florida
CALL TO ORDER:
Mayor Feldman called the Regular 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 Commission, followed by a moment of silence.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Commissioner Zelniker added the following items:
"Discussion of Town funding of beach raking" as Item 6B
"Discussion on Safety and Security in Town Hall" as Item 6C
Hearing no further additions, the agenda was accepted as amended.
2. PRESENTATIONS/PROCLAMATIONS:
None.
3. BOARDS AND COMMITTEES:
Town Clerk Gaskins read Items 4A through 4C into the record.
A) Board Reports:
Town Commission Regular Minutes
Date: November 6, 2018
Page 2 of 10
None.
B) Board Vacancies/Interviews
Code Enforcement Board—One (1) Vacancy for Three-Year Terms
Natural Resources Preservation Advisory Board — Two (2) Vacancies: One (1) Three-Year
Term and One (1) Unexpired Term Ending July 2021.
C) Upcoming Monthly Board Meetings and Events:
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
Town Commission Workshop Meeting—November 27, 2018 — 1:30 PM
Light Up the Holidays Event—November 29, 2018—6:30 PM
4. PROPOSED ORDINANCES AND RESOLUTIONS:
Town Clerk Gaskins read Proposed Resolution/Town's Canvassing Board into the record.
A) PROPOSED RESOLUTION/TOWN'S 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.
Discussion ensued regarding whether or not an Elected Official, as a member of the Canvassing
Board, could campaign for a candidate.
MOTION: Commissioner Riesa moved to designate the Deputy Town Clerk as a member of the
Canvassing Board for this election and any future elections. The motion was seconded by
Commissioner Gossett-Seidman.
UPON ROLL CALL:
Commissioner Riesa - Yes
Commissioner Gossett-Seidman - Yes
Commissioner Zelniker - Yes
Town Commission Regular Minutes
Date: November 6, 2018
Page 3 of 10
Vice Mayor Nila - Yes
Mayor Feldman - Yes
Motion passed on a 5 to 0 vote.
Town Clerk Gaskins read Proposed Ordinance/ Beach Rakers into the record.
B) PROPOSED ORDINANCE /BEACH RAKERS
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 59 "BEACHES AND
BOATS," SECTION 5-10, "BEACH RAKERS," OF THE TOWN CODE OF
ORDINANCES BY PROVIDING REGULATIONS FOR MECHANICAL AND
HAND BEACH CLEANING; 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.
MOTION: Commissioner Riesa moved to accept Proposed Ordinance / Beach Rakers. 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 - Yes
Motion passed on a 5 to 0 vote.
Town Clerk Gaskins read Proposed Ordinance / Structures and Items into Setback Areas 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 IN
SETBACK AREAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Town Commission Regular Minutes
Date: November 6, 2018
Page 4 of 10
Town Manager Labadie introduced this item.
Town Attorney Ryan referred to a change in Section 5 and mentioned that the words "by
landscaping" will be added.
Commissioner Gossett-Seidman provided comments regarding the ordinance being too
lenient and read emails into the record from residents who were in agreement. She
explained some of the problems that could occur, especially with draining issues.
Discussion ensued regarding Commissioner Gossett-Seidman's comments and concerns.
Commissioner Zelniker suggested having more resident's participation and input.
Based on the comments of the Commission, Town Attorney yan suggested rewriting this
ordinance and bringing it back to the Commission. It was the consensus of the
Commission that each Commissioner meet with Town Manager Labadie to provide their
input.
Town Clerk Gaskins read Proposed Ordinance / Setbacks on the Atlantic Ocean 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.
MOTION: Commissioner Zelniker moved to accept Proposed Ordinance / Setbacks on the Atlantic
Ocean. 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.
Town Commission Regular Minutes
Date: November 6, 2018
Page 5 of 10
Town Clerk Gaskins read Proposed Ordinance/ Seawalls; Bulkheads; Retaining Walls into the record.
E) PROPOSED ORDINANCE / SEAWALLS; BULKHEADS; RETAINING WALLS
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, AMENDING CHAPTER 6 "BUILDINGS AND STRUCTURES",
ARTICLE V "SEAWALLS; BULKHEADS; RETAINING WALLS", SECTION 6-128
"APPROVAL REQUIRED FOR BULKHEADS, SEAWALLS, RETAINING WALLS;
REQUIRED NOTIFICATION OF ABUTTING PROPERTY OWNERS" BY REMOVING
THE REQUIREMENT THAT CONSENT FROM PRIVATE PROPERTY OWNERS
MUST BE SUBMITTED TO THE TOWN MANAGER; 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.
MOTION: Commissioner Riesa moved to accept Proposed Ordinance / Seawalls; Bulkheads;
Retaining Walls. The motion was seconded by Commissioner Zelniker.
Commissioner Discussion:
Vice Mayor Nila referred to Section 6-128 and asked what the seawall height restrictions are for
the ocean since they are not mentioned. She suggested it be put in the code.
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.
5. CONSENT AGENDA:
A)Approval of Meeting 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
• October 2, 2018—Regular Minutes
Town Commission Regular Minutes
Date: November 6, 2018
Page 6 of 10
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
C) 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.
MOTION: Commissioner Zelniker moved to accept Items 5A thru 5C on the Consent Agenda.
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.
6. NEW BUSINESS:
A) Consideration of a Site Plan Approval for the Construction of a New Seawall, Located at
Subject Property, 4211 and 4215 South Ocean Boulevard, Highland Beach, Florida. The
Property is Located on the East Side of South Ocean Boulevard on the Atlantic Ocean.
The Property at 4211 and 4215 South Ocean Boulevard is Zoned (RML), Residential
Multiple Family Low Density and is being reviewed per Town of Highland Beach Code
Section 30-83, Bulkheads, Seawalls and Groins and Section 6-128 Approval Required for
Bulkheads, Seawalls, Retaining Walls, Required Notification of Abutting Property
Owners. Applicant: Ocean Place Villas / Application No. 18-0953 (PUBLIC
HEARING: Quasi-Judicial Hearing).
Mayor Feldman asked if any of the Commissioners have disclosures on Ex Parte communications
on this item.
Commissioners Riesa, Zelniker and Vice Mayor Nila disclosed that they had a conversation with
the homeowner.
Mayor Feldman opened the Public Hearing.
Town Clerk Gaskins swore-in all those providing testimony on the application.
Town Commission Regular Minutes
Date: November 6,2018
Page 7 of 10
Staff Presentation:
Mary McKinney, Town Planner presented this application. The applicant has notified abutting
owners within 1,000 feet of the property. The Town's Consulting Engineer is in the process of
reviewing the plans. The applicant is in the process of obtaining approval from property owners
whose property they have to traverse to access the Ocean Place Villas site. Staff has reviewed the
application, drawings and plans and other agency approval and finds that the project meets the
code. Staff recommends approval of the request to construct the proposed seawall subject to the
conditions mentioned by Town Planner McKinney. .
Commission Discussion:
Vice Mayor Nila asked if more information was needed on the connector. Town Planner
McKinney explained that the Town's Consulting Engineer is in the process of obtaining the
information needed as to how this wall will tie into the adjacent wall.
Commissioner Gossett-Seidman asked if there were expansion joints in the connection. Town
Planner McKinney replied that that there were, and it would be in the Engineering report.
Mayor Feldman questioned the change in the DEP (Department of Environmental Protection)
report. Town Planner McKinney explained the change, which has been approved by the DEP.
Petitioner's Statement:
Dennis DiFlorio, 4215 South Ocean Boulevard provided comments regarding his application and
explained that plans were provided to his neighbor for review and there were no objections. They
are in the process of obtaining approval from Boca Raton for beach access.
Commissioner Zelniker explained that this is an emergency hardship situation.
Hearing no public comments, Mayor Feldman closed the Public Hearing.
MOTION: Commissioner Riesa moved to approve Application No. 18-0953. 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: November 6, 2018
Page 8 of 10
B) Discussion on Town Funding for Beach Raking — Commissioner Zelniker (THIS
ITEM WAS ADDED TO THE AGENDA)
Commissioner Zelniker introduced this item.
She provided comments regarding the Natural Resources Preservation Board's recommendation
to the Commission that the Town take over the beach raking. She suggested this be placed on a
referendum as to what it would cost each individual homeowner, and if they would want the
Town to take over the beach raking.
Town Manager Labadie explained that he was in the process of working on several options and
preliminary costs and the financial responsibility, if this were to go to referendum and approved
by the residents.
Vice Mayor Nila provided comments regarding the beach erosion and the conditions on the beach
from the current beach raking companies.
Discussion ensued regarding the importance of addressing this issue, placing this on a referendum
and beach access. Town Manager Labadie will get the numbers necessary for the referendum and
bring them back to the Commission for further discussion.
C) Discussion on Safety and Security in Town Hall — Commissioner Zelniker (THIS
ITEM WAS ADDED TO THE AGENDA).
Commissioner Zelniker introduced this item.
Discussion ensued regarding the safety of the staff in Town Hall and what type of security would
be best for the Town's staff.
Police Chief Hartmann provided comments regarding what actions the Police Department have
taken to ensure the safety of the staff as well as the residents of the Town. He is working with the
Town Manager on various options for security, budgeting and training situational awareness of
staff and Commissioners.
Town Attorney yan explained that anyone carrying a concealed weapon can go anywhere as
long as they have a permit on them, which is a State law, except at a Commission Meeting. She
provided comments regarding the use of metal detectors.
7. MISCELLANEOUS—ITEMS LEFT OVER:
None.
8. CIVILITY PLEDGE:
Town Clerk Gaskins read the Pledge of Civility.
Town Commission Regular Minutes
Date: November 6, 2018
Page 9 of 10
9. PUBLIC COMMENTS AND REQUESTS:
John Boden asked that Public Comments and Requests be put back to the beginning of the
meeting.
10. REPORTS—TOWN COMMISSION:
A) Commissioner Peggy Gossett-Seidman wished everyone a Happy Thanksgiving.
B) Commissioner Elyse Riesa provided comments on the citation codes and access points. She
thanked the Vice Mayor for all the work she has done for the Town. Happy Thanksgiving to all.
C) Commissioner Rhoda Zelniker reminded everyone to vote. She asked that everyone put out
their flag on Veteran's Day as a thank you to all that served this country and quoted Ronald
Regan.
D) Vice Mayor Alysen A. Nila provided comments regarding the Palm Beach County Resiliency
Board and they will be using the Town in a vulnerability study. She mentioned the meeting with
FDOT (Florida Department of Transportation), Town Manager Labadie, Michael Kravit of the
Planning Board and Finance Director Lalla. FDOT was pleased with all that the Town has done
and is very willing to work with the Town.
E) Mayor Carl Feldman provided comments regarding the beach access at the south end of
Town by Boca Highlands. He suggested the Town Manager and Police Chief meet with Father
Horgan of St. Lucy Church regarding security for the church. Happy Thanksgiving to all.
Discussion ensued regarding Mayor Feldman's suggestion that the Town Manager and Police
Chief meet with Father Horgan. Commissioner Gossett-Seidman suggested the Town get along
and provided comments regarding the church and the relationship with the Town. Commissioners
Riesa, Zelniker and Vice Mayor Nila were not in favor of the Town providing security for the
church.
11. REPORTS—TOWN ATTORNEY PAMALA RYAN:
Town Attorney Ryan had no report.
12. REPORTS— TOWN MANAGER MARSHALL LABADIE:
Town Manager Labadie reported on the following:
• Light Up the Holidays on November 29 at 6:30 PM.
• Overlay project for the sidewalk has been completed.
Town Commission Regular Minutes
Date: November 6, 2018
Page 10 of 10
• The FDOT meeting was very productive and they are willing to work with the Town on the
Ocean Walk project.
• Financial Advisor is working on the language for the referendum.
• Coastal Management Comprehensive Plan update is moving forward, and the Town will meet
all the stipulated deadlines.
• Introduction of the new Code Enforcement Officer, Jason Manko.
• Introduction of the new Building Official, Jeffrey Massey.
• The Finance Department received a Certificate of Achievement in Excellence for financial
reporting for the Comprehensive Annual Report by the Government Finance Officers
Association.
• Congratulations to resident Jeff Rubin who was inducted into the Candy Hall of Fame.
• Tatiana Peterson thanked Officer Miller and Semple for their help in rescuing her dog.
Commissioner Zelniker thanked Town Manager Labadie for all he has done for the Town.
13. ADJOURNMENT:
There being no further business Mayor Feldman called for a motion to adjourn the meeting.
MOTION: Commissioner Zelniker moved to adjourn the Regular Meeting at 4:05 PM. The
motion was seconded by Commissioner Riesa, which passed unanimously.
APPROVED:
Alysen A. NiU, Vice Mayor
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Commissioner
ATTEST:
Transcribed by: Rosalie DeMartino
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Town Clerk