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2019.01.08_TC_Minutes_Regular- s TOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MEETING Town Hall / Commission Chambers 3614 South Ocean Boulevard Highland Beach, Florida CALL TO ORDER: Date: January 8, 2019 Time: 1:30 PM 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 Pledge of Allegiance: The Commission led the Pledge of Allegiance, followed by a moment of silence in memory of Mayor Carl Feldman. Vice Mayor Nila expressed her condolences on behalf of the Commission to Mayor Carl Feldman's family. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Town Manager Labadie added "Discussion to change the polling location for the March 12, 2019 Municipal Election" as Item 8B under New Business. 2. CIVILITY PLEDGE: Town Clerk Gaskins read the Pledge of Civility into the record. Town Commission Regular Minutes Date: January 8, 2019 2of13 3. PUBLIC COMMENTS: David Axelrod, Chairperson of the Planning Board was in favor of the Ocean Walk and More project. He commended Treasure Coast Regional Planning on the excellent job they have done in assisting the Town with the plans for this project. He referred to the $45 million in the referendum question that is to be placed on the March 12'' Municipal Election ballot and suggested that some of the items that were not necessary be removed in order to drastically reduce that amount. He was concerned that the financial aspect of this project was not clear to many of the residents and hoped that tomorrow's Design Workshop meeting will have more specifics and answer the residents' concerns. Tim Burnich, commented on his disappointment on the Christmas tree being taken down on January 7`h, which is the celebration of the Orthodox Christian Christmas. Mark Maurice questioned why there is no construction work permitted on Saturdays. He explained that this has caused a great inconvenience in the timeframe for the completion of the Boca Highlands Marina Club. Vice Mayor Nila informed Mr. Maurice that Town Manager Labadie would contact him to discuss this. Mark Hamister was in support of the Ocean Walk and More Master Plan, which deals with the many issues that this Town needs corrected such as flooding, bike paths, pedestrian safety, etc. and commended the Commission on being pro -active. Evalyn David provided remarks about the lack of parking spaces at Town Hall. She commented on the Ocean Walk and More project and questioned how the Town plans to maintain all the improvements. Barry Donaldson thanked the Commission for having the foresight to place this project on the ballot and the Town Manager and staff for the excellent website that gives good, solid and accurate information on the referendum. He thanked Vice Mayor Nila for stepping in at this very difficult time in the passing of Mayor Carl Feldman. He addressed a question regarding a $200,000 fix to the storm drainage system in the Town. The answer is found on Page 9 of the 2016 Florida Department of Transportation report that examines alternates to the flooding along AIA and read the report into the record. He encouraged everyone to attend the Design Workshop meeting on January 9ffi. Rose Zammataro introduced herself and mentioned that she is running for Commissioner in the March Municipal Election. She was very much in favor of the referendum questions on the ballot. 4. PRESENTATIONS/PROCLAMATIONS: None. Town Commission Regular Minutes Date: January 8, 2019 3of13 5. BOARDS AND COMMITTEES / ANNOUNCEMENTS: Town Clerk Gaskins read each of the titles of the Boards and Committees items into the record. A) Board Action Reports: None. 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. Planning Board — One (1) vacancy for a Three -Year Term. C) Upcoming Meetings and Events: Planning Board Meeting — January 9, 2019 — 9:30 AM Work -in -Progress Public Workshop Ocean Boulevard (AIA) Master Plan — January 9, 2019 — 6:00 PM Town Commission Meeting — January 29, 2019 — 1:30 PM Town Hall Closed: January 21, 2019 — Martin Luther King Jr. Day 6. PROPOSED ORDINANCES AND RESOLUTIONS: Town Clerk Gaskins read title of Item 6A into the record. A. DISCUSSION ON FILLING THE VACANT MAYOR -COMMISSIONER SEAT FOR AN UNEXPIRED TERM ENDING MARCH 10, 2020, PER SECTION 1.06(11) OF THE TOWN'S CHARTER. Town Manager Labadie introduced this item. He provided comments about the appointment of a new Mayor according to the Town Charter and the timeline to appoint a new Mayor is January 24, 2019. Commission Discussion: Commissioner Gossett -Seidman was in favor of having an election for a new Mayor so the people of Highland Beach could have a voice in this event. Commissioner Riesa inquired about having an election. She provided comments about the cost and time involved in running for an election, and what occurred in the past when two Town Commission Regular Minutes Date: January 8, 2019 4of13 Commissioners did not fulfill their terms. Based on the information she received from the Town Attorney and Town Manager, she suggested having a ballot to pick either a resident or a Commissioner to fill the remainder of the Mayor's seat which would be March 2020. Commissioner Zelniker provided comments about her previous appointment to the Commission at the time of Commissioner Dennis Sheridan's passing. She was in favor of having a closed ballot and one of the Commissioners should be appointed Mayor for the remainder of the term. Vice Mayor Nila provided comments regarding the many inadequacies in the Town Charter and it needs to be revisited expeditiously. Time does not exist for an election. She explained that the Commissioners are very competent and could make a competent decision and is in favor of a ballot vote. Town Attorney yan explained that they did reach out to the Supervisor of Elections concerning the timeframe for having an election. She did extend the deadline to January 15ffi and because it was the holidays, it was very difficult to pull it all together. Town Clerk Gaskins distributed ballots to each Commissioner. Town Clerk Gaskins read the results into the record as follows: Commissioner Zelniker received 3 votes Commissioner Riesa received 1 vote Based on the result of the ballot votes, Commissioner Zelniker was appointed to the office of Mayor -Commissioner. Regarding the open seat of Commissioner, Town Manager Labadie explained that the Commission has until February 8t' to fill the Commission seat, which would end March of 2020. 1. PROPOSED RESOLUTION / APPOINTMENT TO FILL THE VACANT SEAT OF MAYOR -COMMISSIONER A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, FILLING A VACANCY ON THE COMMISSION UNTIL THE NEXT REGULAR GENERAL ELECTION, MARCH 10, 2020. MOTION: Vice Mayor Nila moved for Commissioner Zelniker to be approved as Mayor and accepted as Mayor. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Vice Mayor Nila - Yes Commissioner Gossett -Seidman - Yes Commissioner Riesa - Yes Commissioner Zelniker - Yes Motion passed on a 4 to 0 vote. Town Commission Regular Minutes Date: January 8, 2019 5of13 Vice Mayor Nila called for a discussion regarding filling Commissioner Zelniker's seat. Commissioner Gossett -Seidman asked for clarification in terms of vetting a candidate for this seat. Town Attorney yan explained there is no vetting process. If the Commission so desires, they could have a vetting process and take letters of interest and make their own qualifications. Town Clerk Gaskins explained that the person must be a Town resident and a registered voter. Commissioner Riesa provided comments regarding the expertise and qualifications of the Commissioners. Commissioner Zelniker was in favor of filling the Commissioner seat at today's meeting with a closed ballot. Vice Mayor Nila concurred with Commissioner Zelniker. MOTION: Commissioner Riesa moved to proceed, for consistency and the good of the Town, appoint a Commissioner to fill Commissioner Zelniker's seat for an unexpired term ending March 2020 at today's meeting. Vice Mayor Nila seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Vice Mayor Nila - Yes Commissioner Gossett -Seidman - Yes Commissioner Zelniker - Yes Motion passed on a 4 to 0 vote. Town Clerk Gaskins distributed ballots to each of the Commissioners. Town Attorney yan explained that because this is an issue that was not anticipated and not on the agenda, there needs to be a specific Public Comment on this issue alone. Vice Mayor Nila opened the Public Comments. Mark Maurice questioned why this seat is not up for election in March. Town Attorney Roman explained that the timeframe for qualifying was too tight. David Axelrod, Chaimerson of the Planning Board recommended Barry Donaldson for the Commission seat stating his excellent qualifications and his ability to serve. Greg Babii, Chairperson of the Financial Advisory Board suggested this vote be postponed to the next meeting since there may be other qualified people who would want to serve on the Commission. Town Commission Regular Minutes Date: January 8, 2019 6of13 Evalyn David commented on the optics and the fact that if this is voted on at this time and the Commission comes up with three (3) votes on the same person, it sends the message that they have previously discussed this not at an open meeting. It may violate Florida law. Ron Reame recommended Doug Hillman and provided a background of his qualifications. Vice Mayor Nila closed the Public Comments. Commissioner Gossett -Seidman asked to change her vote. She would prefer waiting until the Workshop Meeting and allow the public to come forward. MOTION: Vice Mayor Nila moved to fill the seat vacated by Commissioner Zelniker today by ballot. Commissioner Riesa seconded the motion. UPON ROLL CALL: Vice Mayor Nila - Yes Commissioner Riesa - Yes Commissioner Gossett -Seidman - No Commissioner Zelniker - Yes Motion passed on a 3 to 1 vote with Commissioner Gossett -Seidman dissenting. Town Clerk Gaskins read the results of the ballot votes into the record. Barry Donaldson received 3 votes David Axelrod received 1 vote Barry Donaldson was appointed as Commissioner to fill an unexpired term ending March of 2020. A resolution is being prepared and the swearing in will be done at the end of the meeting. B. PROPOSED RESOLUTION / RECOGNIZING THE LATE HONORABLE MAYOR CARL FELDMAN Town Clerk Gaskins read the Proposed Resolution into the record. A RESOLUTION OF THE TOWN COMMISSION OF HIGHLAND BEACH, FLORIDA, RECOGNIZING THE LATE HONORABLE MAYOR CARL FELDMAN FOR HAVING SERVED WITH DISTINCTION AS A COMMISSIONER OF THE TOWN OF HIGHLAND BEACH, FLORIDA FROM MARCH 12, 2013 THROUGH DECEMBER 24, 2018. Town Manager Labadie introduced this item. He explained that this resolution is a memorialization of our thoughts and feelings for his hard work in Highland Beach. Town Commission Regular Minutes Date: January 8, 2019 Page 7 of 13 Donations in memory of Carl Feldman to the National Arthritis Foundation would be greatly appreciated by his family. MOTION: Commissioner Riesa moved to accept the Proposed Resolution / Recognizing the Late Honorable Carl Feldman. 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. C. PROPOSED RESOLUTION / IN MEMORY OF FORMER MAYOR ARLIN VORESS Town Clerk Gaskins read the title of the Proposed Resolution into the record. A RESOLUTION OF THE TOWN COMMISSION OF HIGHLAND BEACH, FLORIDA, IN MEMORY OF FORMER MAYOR ARLIN G. VORESS FOR HAVING SERVED WITH DISTINCTION AS A COMMISSIONER OF THE TOWN OF HIGHLAND BEACH FROM MARCH OF 1991 THROUGH MARCH OF 1999. Town Manager Labadie introduced this item. Commissioner Gossett -Seidman mentioned that Former Mayor Arlin Voress was responsible for investigating and installing the Town's water facility. MOTION: Commissioner Gossett -Seidman moved to accept the Proposed Resolution / In Memory of Former Mayor Arlin Voress. Commissioner Riesa seconded the motion. UPON ROLL CALL: Commissioner Gossett Seidman - Yes Commissioner Riesa - Yes Commissioner Zelniker - Yes Vice Mayor Nila - Yes Motion passed on a 4 to 0 vote. Town Commission Regular Minutes Date: January 8, 2019 Page 8 of 13 D. PROPOSED RESOLUTION / AMENDING THE CONSTRUCTION SITE MANAGEMENT HANDBOOK Town Clerk Gaskins read the Proposed Resolution into the record. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CONSTRUCTION MANAGEMENT HANDBOOK BY ADDING A SECTION ON DEMOLITION NOTIFICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie introduced this item. He explained the additions to the Construction Handbook under Section 17/Demolition as follows: • Provide some notice to residents within 300 feet of the demolition sites. • Debris remove ensuring fencing around the site. • Demo structures are exterminated before removed. Commission Discussion: Commissioner Seidman thanked the Planning Board, the Commission and the public for making this happen. Commissioner Riesa concurred with Commissioner Gossett -Seidman. Commissioner Zelniker thanked Commissioner Gossett -Seidman for her time and effort in revisiting all the codes and ordinances and making the necessary changes needed. Vice Mayor Nila also commended Commissioner Gossett -Seidman. MOTION: Commissioner Riesa moved to accept Proposed Resolution / Amending the Construction Site Management Handbook. 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. CONSENT AGENDA: None. Town Commission Regular Minutes Date: January 8, 2019 Page 9 of 13 8. NEW BUSINESS: A. Approval of Meeting Minutes November 27, 2018 — Special Minutes November 27, 2018 — Workshop Minutes December 4, 2018 — Regular Minutes December 18, 209 — Special Minutes MOTION: Commissioner Riesa moved to accept Item 8A — Approval of Meeting Minutes. Vice Mayor Nila seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Vice Mayor Nila - Yes Commissioner Gossett -Seidman - Yes Commissioner Zelniker - Yes Motion passed on a 4 to 0 vote. B. Discussion to Change the Polling Location for the March 12, 2019 Election — Town Manager Labadie. Town Manager Labadie introduced this item. He explained that the use of the St. Lucy Parish Hall polling location is no longer available for the March 12, 2019 Municipal Election. Staff recommends that we designate the Highland Beach Library as the temporary polling place as was done in 2017. Commission Discussion: Commissioner Gossett -Seidman was in favor of the Highland Beach Library. Commissioner Riesa commented about the 2017 election that was held at the Library and was in favor of having the election at the Library. She asked that the Town Manager to reach out to St. Lucy Church to see if residents could park in their parking lot if necessary. Another option could be the Trolley service during peak hours to transport residents to the polling location. Town Manager Labadie will look into these two options. Commissioner Zelniker read a report from the Internal Revenue Service regarding a law that prohibits political campaign activity by charities and churches into the record. She provided comments regarding the success of the 2017 election that was held in the Library. The Police Department did an excellent job controlling the traffic in and out of Town Hall. If necessary, the Commission Chambers could be used in addition to the Library. She was in favor of keeping the Town Hall separate from the Church. Vice Mayor Nila agreed there should be a separation of Church and State. Parking should not be an issue, and she was very much in favor of having the election in the Library. Town Commission Regular Minutes Date: January 8, 2019 10 of 13 MOTION: Commissioner Zelniker moved to hold the March 12, 2019 Municipal Election in the Library. If necessary, the Commission Chambers could be used in case of a large turnout and trolley cars could pick up and drop off the residents. AMENDED MOTION: Commissioner Riesa moved to hold all Municipal Elections at the Library going forward. Vice Mayor Nila seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Vice Mayor Nila - Yes Commissioner Gossett Seidman - Yes Commissioner Zelniker - Yes Motion passed on a 4 to 0 vote. 9. MISCELLANEOUS — ITEMS LEFT OVER: None. 10. CIVILITY PLEDGE: Town Clerk Gaskins read the Pledge of Civility into the record. 11. PUBLIC COMMENTS ON AGENDA ITEMS ONLY: Barry Donaldson thanked the Commission for appointing him as Commissioner. 12. REPORTS — TOWN COMMISSION: A) Commissioner Peggy Gossett -Seidman welcomed Commissioner elect Barry Donaldson and Mayor Rhoda Zelniker. She wished a Happy New Year to all, peace, and harmony in the Town. B) Commissioner Elyse Riesa commented on being grateful to serve the Town and listening to the residents and the Commissioners and sharing different ideas. C) Commissioner Rhoda Zelniker is honored to serve the residents, Staff and Commissioners of Highland Beach as Mayor. She commended the Commissioners on their excellent work and all they do for the future of Highland Beach and thanked the residents for voting and making the right decisions for the community. She spoke about Commissioner Elect Barry Donaldson's service to the Town and his qualifications to be appointed as Commissioner. Town Commission Regular Minutes Date: January 8, 2019 Page 11 of 13 D) Vice Mayor Alysen A. Nila met with the Palm Beach County Commissioner regarding the FDOT project to find out whether or not they would be willing to help us fund some of it. A representative from their office will be attending the "Work -in -Progress" Public Workshop tomorrow evening, which is a positive. She also met with Mayor Shelly Petrolia of the City of Delray Beach and advised her of our plans for the underground wiring and asked, if the referendum passes in March, would she want to continue on for the quarter mile on the north side to Linton Blvd. and under the bridge. She indicated that she would be very interested. Vice Mayor Nila discussed using a trolley service for residents of Highland Beach to Delray Beach and possibly a water taxi. Mayor Petrolia was in favor of the water taxi and was going to have her City Manager contact Town Manager Labadie to discuss further details. Vice Mayor Nila explained that the "Work -in -Progress" Public Workshop Meeting is for informational purposes to keep the public informed and no decision will be made. 13. REPORTS — TOWN ATTORNEY PAMALA RYAN: Town Attorney Ryan had no report. 14. REPORTS — TOWN MANAGER MARSHALL LABADIE: Town Manager Labadie reported on the following: • The ocean water was tested for E.coli and the water was fine. • Congratulations to Officer Kenneth Duarte for helping out one of the residents with a car issue. • Congratulations to Terisha Cuebas our new Assistant to the Town Manager. • Town Clerk Gaskins will be interviewing for a Deputy Town Clerk and we are still actively pursuing our Public Services Director position. 15. PROPOSED RESOLUTION: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA FILLING A VACANCY ON THE COMMISSION UNTIL THE NEXT GENERAL ELECTION. (THIS ITEM WAS :ADDED TO THE AGENDA). Vice Mayor Nila read the Proposed Resolution appointing Barry Donaldson as Commissioner into the record. MOTION: Commissioner Riesa moved to adopt the Resolution. Vice Mayor Nila was seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Vice Mayor Nila - Yes Town Commission Regular Minutes Date: January 8, 2019 12 of 13 Commissioner Gossett -Seidman - Yes Commissioner Zelniker - Yes Motion passed on a 4 to 0 vote. 16. SWEARING IN OF MAYOR -COMMISSIONER: (THIS ITEM WAS ADDED TO THE A GENDA). Town Clerk Gaskins swore in Mrs. Rhoda Zelniker as the Mayor of the Town of Highland Beach. 17. SWEARING IN OF COMMISSIONER: (THIS ITEM WAS ADDED TO THF., AGENDA). Town Clerk Gaskins swore in Mr. Barry Donaldson as Commissioner of the Town of Highland Beach. 18. ADJOURNMENT: There being no further business Vice Mayor Nila called for a motion to adjourn the meeting. MOTION: Commissioner Riesa moved to adjourn the meeting at 3:30 PM. Commissioner Gossett -Seidman seconded the motion, which passed unanimously. APPROVED at the February 5, 2019 Regular Meeting. Commissioner Commissioner Town Commission Regular Minutes Date: January 8, 2019 ATTEST: Lanelda Gaskins MM Town Clerk Transcribed by: Rosalie DeMartino -<v;I0r a a r Date 13 of 13