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2018.12.04_TC_Minutes_Regular04 NIGHLgNO� r� TOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MEETING Town Hall / Commission Chambers Date: December 4, 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 added the following items under New Business: "Discussion on Pre -Audit" as Item 6A. "Discussion on Town Signage and Codes" as Item 6B. Commissioner Riesa requested to delete Item 4A - Proposed Ordinance / Mechanical and Hand Beach Cleaning from the agenda today for two reasons as follows: 1) there should be full board voting on this ordinance and 2) there are many issues regarding the ordinance that are still unanswered and need an expert opinion that she would like the Town Manager to address. Vice Mayor Nila explained that a legal quorum is present. Town Commission Regular Minutes Date: December 4, 2018 Page 2 of 11 MOTION: Commissioner Riesa moved to delete Item 4A, Proposed Ordinance/ Mechanical and Hand Beach Cleaning from the agenda. Commissioner Zelniker explained that she would like to amend the motion slightly. She thinks there should be a discussion and explained that she is for waiting for the Mayor to return before the Commission take a vote on the ordinance. That is how she would amend the motion. She would like a lot of things clarified because there are a lot of things she does not understand. If that were agreeable, she would like to amend the motion. Commissioner Gossett -Seidman questioned to put it to a later meeting in the month. Commissioner Zelniker replied, yes for a vote. Just to have a discussion today. Commission Riesa mentioned a discussion without a vote. Vice Mayor Nila explained if there is going to be a discussion, the Commission should move the item to the Workshop meeting, if it is not going to be a vote. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Gossett -Seidman - Yes Vice Mayor Nila - No Motion passed on a 3 to 1 vote with Vice Mayor Nila dissenting. Town Attorney Ryan clarified that the Proposed Ordinance will be postponed until the January workshop meeting. Town Manager Labadie added "Amendment No. 2 to the Drinking Water State Revolving Construction Agreement" as Item 6C under New Business. The agenda was accepted as amended. 2. PRESENTATIONS/PROCLAMATIONS: None. 3. BOARDS AND COMMITTEES: Town Clerk Gaskins read each of the titles of the Boards and Committees items into the record. A) Board Action Reports: Barry Donaldson, Member of the Planning Board reported that the Board is currently involved in looking at the Comprehensive Plan. A very important element has to do with the Waterway Management Plan. The Planning Board have been very involved with the Ocean Walk and More Project and the opportunity to work with FDOT. Town Commission Regular Minutes Date: December 4, 2018 3of11 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: Public Design Workshop Ocean Boulevard (AIA) Master Plan — December 5, 2018 — 6:00 PM Planning Board Meeting — December 12, 2018 — 9:30 AM Town Commission Special Meeting — December 18, 2018 — 1:30 PM Town Hall Closed: o December 24, 2018 — Christmas Eve o December 25, 2018 — Christmas Day Vice Mayor Nila commented that the Public Design Workshop Ocean Boulevard (A 1 A) Master Plan is important for the residents to be involved and give their input regarding the design and vision for the A 1 A corridor and Ocean Walk and More. She encouraged the residents to attend the December 5 workshop meeting. 4. PROPOSED ORDINANCES AND RESOLUTIONS: A. PROPOSED ORDINANCE / MECHANICAL AND HAND BEACH CLEANING AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 5, "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. (FIRST READING WAS NOVEMBER 6, 2018) (THIS ITEM WAS REMOVED FROM THE AGENDA). Town Commission Regular Minutes Date: December 4, 2018 Page 4 of 11 B. PROPOSED ORDINANCE / SETBACKS ON THE ATLANTIC OCEAN Town Clerk Gaskins read Proposed Ordinance / Setbacks on the Atlantic Ocean title into the record. 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. (FIRST READING WAS NOVEMBER 6, 2018) Town Manager Labadie presented this item. He explained that the modifications to the proposed ordinance includes no fences, walls, poles or stakes shall be permitted in any dune area or beach area that is comprised of sand seaward of the coastal construction line. In addition, temporary signs shall comply with the sign ordinance. Vice Mayor Nila opened the Public Hearing. Hearing none, Vice Mayor Nila closed the Public Hearing. Commission Discussion: Commissioner Gossett -Seidman mentioned that with the modifications the ordinance is acceptable and reasonable. Commissioner Riesa agreed with Commissioner Gossett -Seidman. Commissioner Zelniker agrees with the ordinance. Vice Mayor Nila mentioned that with the additional changes discussed and allowing people to put temporary signs on their dunes is satisfactory. MOTION: Commissioner Riesa moved to adopt the Proposed Ordinance / Setbacks on the Atlantic Ocean. Commissioner Zelniker seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Gossett Seidman - Yes Vice Mayor Nila - Yes Motion carried on a 4 to 0 vote. Town Commission Regular Minutes Date: December 4, 2018 Page 5 of 11 C. PROPOSED ORDINANCE / SEAWALLS; BULKHEADS; RETAINING WALL Town Clerk Gaskins read Proposed Ordinance / Seawalls; Bulkheads; Retaining Wall title into the record. 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. (FIRST READING WAS NOVEMBER 6, 2018) Town Manager Labadie introduced this item. He explained the changes to the ordinance. It removes the Town out of the means and methods portion of the seawall ordinance whereby the property owner had to give the Town every letter, permission or arrangement or agreement that had to be put in place to traverse the private property impact when the owner go to build the retaining walls, seawalls and the likes. It does not remove the obligation for the property owner or petitioner; it takes the Town out of the middle of the process and lets the means and methods be left to the property owner and their neighbor. Vice Mayor Nila opened the Public Hearing. Hearing none, Vice Mayor Nila closed the Public Hearing. Commission Discussion: Commissioner Gossett -Seidman asked did this come from Town Manager Labadie or was it in the works prior to his employment. Town Manager Labadie explained that it came with a recent seawall request. There was a sense of urgency to get this thing going and the concern that we might be slowing the process or mudding the waters. Commissioner Gossett -Seidman expressed her concerns regarding a hitch in the ordinance and suggested that the Building Department should receive the letters instead of the Town Manager. Town Attorney Ran explained that a section of the ordinance was removed which said that "motorized equipment used to install any of the above walls must stay in the littoral zone or obtain written consent of the. owners of each property whose property will be traversed, which consents must be submitted to the town manager prior to the commencement of such work." She continued to explain that the Town has been doing is making the applicant get the consent letter out and the property owner have to get the consent letter to the Town. Commissioner Riesa were in favor of this change. Town Commission Regular Minutes Date: December 4, 2018 Page 6 of 11 Commissioner Zelniker is in favor of this change. Vice Mayor Nila explained that this reinforces the real need for the Town of Highland Beach to have an access point for the residents on the ocean side that have no way for of getting seawall constructed or repairs made unless they go through Delray or Boca Raton. The Town need access point. She has met with some condominium associations and the Town Manager will be sending mailing letter to see if others are interested. Commissioner Gossett -Seidman mentioned that the word "traversing" does not appear in the ordinance. Town Attorney yan referred to Section 6-128, the last paragraph and explained that the word "traverse" is there. Commissioner Gossett -Seidman requested that the word "traversing" be included in the title. MOTION: Commissioner Riesa moved to adopt the Proposed Ordinance / Seawalls; Bulkheads; Retaining Walls with the change made to the title. Commissioner Gossett -Seidman seconded the motion. 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. 5. CONSENT AGENDA: own Clerk Gaskins read each of the titles of the Consent Agenda items into the record. A) Approval of Meeting Minutes: • October 305 2018 — Workshop Minutes • November 1, 2018 — Special Minutes • November 6, 2018 — Regular Minutes B) PROPOSED RESOLUTION / INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES WITH PROCEEDS OF A FUTURE TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Town Commission Regular Minutes Date: December 4, 2018 Page 7 of 11 C) Approval to Cancel Town Commission Workshop Meeting on December 25, 2018, due to the Christmas Holiday. D) Approval to Change the Town Commission Regular Meeting Date in January 2019 to Tuesday, January 8, 2019 due to the New Year's Holiday. E) Approve and Authorize the Town Manager to Execute the Engagement Letter with Bryant, Miller, Olive, Attorneys at Law for Bond Counsel Services related to the Ocean Walk and More Project. MOTION: Commissioner Zelniker moved to accept Items 5A to 5E on the Consent Agenda. Commissioner Riesa seconded the motion, which passed unanimously. 6. NEW BUSINESS: Town Clerk Gaskins read each of the titles of the New Business items into the record. A. Discussion on Pre -Audit — Vice Mayor Nila. Vice Mayor Nila presented this item. She provided comments about the Commission's approval to have an annual pre -audit done in the month of December to go over all the numbers for accuracy. She explained how important it was to have a second set of eyes when preparing the budget. Town Manager Labadie mentioned he is working with the Finance Director to be sure this is done. Vice Mayor Nila requested that monthly reports from the Delray Fire Department, quarterly finance reports, pre -audit in December, etc. be on some type of reminder system. Town Manager Labadie explained that he has reviewed the City of Delray Beach Fire contract and the reports are annually and not monthly. If the Commission is seeking monthly reports, he will reach out to the City Manager. They are also looking at the medical transport fees, which are due in December. He provided comments regarding the budget schedule and retaining a company for the pre -audit. Commissioner Riesa requested Delray Fire Chief De Jesus give the Town a year-to-date budget once every six months in order to understand the high costs and expenses incurred by the Town and have the ability to work together. There needs to be better communication between the two cities. Commissioner Zelniker concurred with Commissioner Riesa. She provided comments regarding the fire truck and ambulance being used in Delray as well as Highland Beach. B. Discussion on Signage and Town Codes — Vice Mayor Nila. Vice Mayor Nila presented this item. She provided comments about the signage codes, which are not consistent, does not address color, are not strong and that the Code Enforcement Officer was having issues with the codes. She requested these codes have more conformity, consistency and design. Town Commission Regular Minutes Date: December 4, 2018 Page 8 of 11 There was discussion regarding the existing side code and the proposed changes. Town Attorney Ran explained that the Town have a code for temporary signs, which addresses real estate signs that are to be a certain size. Color seems to be the issue. Commissioner Gossett -Seidman read the sign code, which does mention color. Town Manager Labadie will look into this issue and report back to the Commission. C. Authorize the Mayor or Vice Mayor to Execute Amendment No. 2 to the Drinking Water State Revolving Fund Construction Loan Agreement Between the State of Florida Environmental Protection and the Town of Highland Beach. Town Manager Labadie presented this item. He explained that Amendment No. 2 will adjust the cost downward based on actual expenditures and will reduce the annual loan payments. MOTION: Commissioner Riesa moved to approve subject to the Town Attorney's review and approval. Commissioner Gossett -Seidman seconded the motion. 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. 7. MISCELLANEOUS — ITEMS LEFT OVER: None. 8. CIVILITY PLEDGE: Town Clerk Gaskins read the Pledge of Civility into the record. 9. PUBLIC COMMENTS AND REQUESTS: Tim Burnich referred to the sign code that addressed political signs and real estate signs, which have to be the same size. He was in favor of bringing back public comments at the beginning of the meeting. Doug Hillman commented on the pre -audit. He suggested not waiting until December and consider quarterly reviews with the accounting firm. If there should be a problem, it would be caught earlier rather than later. He asked if there was an ordinance that deals with repairs and Town Commission Regular Minutes Date: December 4, 2018 9of11 maintenance of seawalls. It is important to keep the walls up to date. He mentioned that Boca Highlands has a beach access point and is willing to work with the Town. John Boden referred to the sign ordinance and requested this go to the Planning Board for their recommendation. Dan Bellante thanked the Commission for their hard work; especially on beach preservation and restoration. Barbara James thanked the Commission for postponing the beach cleaning issue and asked that the beach raking companies as well as the Department of Environmental Protection be involved in any of the decisions and regulations. Abigail Irizarry, Investigator for the Palm Beach County Commission on Ethics distributed her business cards and pamphlets and advised the Commission that they want to keep an open line of communication. 10. REPORTS — TOWN COMMISSION: A) Commissioner Peggy Gossett -Seidman responded to Mr. Hillman's comment regarding seawall maintenance and read the existing codes into the record. She commented on the parking codes and mentioned this issue will be on the December 18, 2018 Special Meeting Agenda. B) Commissioner Elyse Riesa thanked Harry Adwar for his wonderful blessing and performance regarding the story of Hanukkah at the Light up the Holidays event. She thanked all the residents for attending the event and commented on how wonderful it was. She suggested the Financial Advisory Board receive copies of the quarterly reports for review. She encouraged the residents to attend the December 5th Design Workshop AIA Master Plan Meeting to give their input on the project. C) Commissioner Rhoda Zelniker commented on the Light up the Holidays event and what a successful event it was including the trolleys, which the residents loved. She thanked Vice Mayor Nila, Town Manager Labadie and the staff for all their hard work. A special thank you to Harry Adwar for his blessing and Father Horgan for his blessing. She mentioned having trolley service and water taxi service to the restaurants in Delray Beach on the weekends and that the Town Manager was looking into this. She provided comments regarding the Ocean Walk and More Project. D) Vice Mayor Alysen A. Nila explained that there was an FDOT meeting last week and they are being fully cooperative. They liked all the ideas and the vision, and their time table is the year 2022 which is enough time to install the stormwater pipe system and the underground wiring if approved. She thanked the Police Department and the staff for all their hard work in making Light up the Holidays a great success. She mentioned that Chief Hartmann was aware of the beach access at Boca Highlands. They are looking for a mid -point for beach access. The residents should attend the Design Workshop meeting tomorrow December 5th in the Library at 6:00 PM to give their input on the Ocean Walk and More project. There will be one in January and a final meeting in March before the referendum to see the final design. Town Commission Regular Minutes Date: December 4, 2018 Paae 10 of 11 E) Mayor Carl Feldman was absent. 11. REPORTS — TOWN ATTORNEY PAMALA RYAN: Town AttorneyRyan had no report. 12. REPORTS — TOWN MANAGER MARSHALL LABADIE: Town Manager Labadie thanked everyone for Light up the Holidays. He reported on the following: • Water sampling on the beach based on the public health notice received from Boca Raton, which was satisfactory. This will be done on a monthly basis. • Tomorrow's workshop is of the utmost importance. • Thank you to the Police Department for all the great work they are doing. • Everything is being done to get the crosswalks in sooner than later. 13. ADJOURNMENT: There being no further business Vice Mayor Nila called for a motion to adjourn the meeting. MOTION: Commissioner Zelniker moved to adjourn the meeting at 2:43 PM. Commissioner Riesa seconded the motion, which passed unanimously. APPROVED at the January 18, 2019 Regular Meeti g. Alysen/A. Nila,VVice Mayor t Town ComMission, Regular Minutes Date: December 4, 201867, r ATTEST: an lda Gaskins MMC Town Clerk Transcribed by: Rosalie DeMartino ate Page 11 of 11