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2020.05.19_TC_Minutes_Regular TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES _'g Town Hall / Commission Chambers Date: May 19, 2020 3614 South Ocean Boulevard Time: 1:30 P.M. Highland Beach, Florida 33487 1. CALL TO ORDER Mayor Hillman called the meeting to order at 1:33 P.M. 2. PRESENT UPON ROLL CALL Commissioner John Shoemaker Commissioner Evalyn David Commissioner Peggy Gossett-Seidman Vice Mayor Greg Babij Mayor Douglas Hillman Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Commission led the Pledge of Allegiance. 4. ADDITIONS, DELETIONS, AND APPROVAL OF THE AGENDA Mayor Hillman asked if there were any additions or deletions to the agenda, and hearing none, he called for a motion to accept the agenda. MOTION: Commissioner David moved to accept the agenda as presented. Commissioner Gossett-Seidman seconded the motion, which passed (5 to 0) unanimously. 5. PRESENTATIONS / PROCLAMATIONS A. Hurricane Season — Chief Hartmann. Chief of Police Craig Hartmann spoke about the upcoming hurricane season, which begins June 1St through November 30th. He talked about hurricane preparedness, residents preparing to leave the barrier island for the mainland prior to a category two or higher hurricane, and the town's plan to communicate information to the residents through the Code Red Emergency program. He explained that all evacuation orders and bridge closures would be issued by the Palm Beach County Emergency Operations Center. He encouraged everyone to begin making early preparation plans. A discussion was had about verifying proof of residency for those individuals who do not have a Florida Driver Town Commission Meeting Minutes Date: May 19, 2020 Page 2 of 10 licenses or identification cards with a Highland Beach address. He discussed the Police Department's protocols for proof of residency or business workers reentering the town and how the town is very prepared for hurricane season. 6. PUBLIC COMMENTS AND REQUESTS NON-AGENDA ITEMS ONLY Mayor Hillman asked if there were any public comments and requests. Town Clerk Gaskins stated that Mr. Jeffrey Kleinman of 3907 S. Ocean Blvd. had emailed the Commissioners on May 15, 2020, at 7:51 P.M., and his email was in reference to Item 12B on the consent agenda. Mr. Kleinman expressed concerns about extending the time frame of retaining all videos from 10 years to indefinitely. He stated that the town should preserve history as future generations may want to see how the town resolved certain issues. There were no additional public comments. Public comments were closed. 7. ANNOUNCEMENTS Town Clerk Gaskins read the following announcements. A. Board Vacancies 1. Board of Adjustment &Appeals Board Three vacancies for a three-year term. (pending one future interview/appointment) B. Meetings and Events 1. TOWN HALL CLOSED May 25, 2020 - in Observance of Memorial Day 2. Board of Adjustment and Appeals Board Meeting June 09, 2020 - 9:30 A.M. 3. Planning Board Regular Meeting June 11, 2020 - 9:30 A.M. 4. Code Enforcement Board Meeting June 23, 2020 - 2:00 P.M. C. Board Action Report 1. None 8. ORDINANCES AND RESOLUTIONS A. ORDINANCE NO. 20-003 / AMENDING SECTION 30-68, SUPPLEMENTAL DISTRICT REGULATIONS AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 30 "ZONING CODE" SECTION 30-68, "SUPPLEMENTAL DISTRICT REGULATIONS" TO REGULATE FORMERLY DEVELOPED VACANT LOTS INCLUDING THE USE OF DOCKS AND PIERS, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Town Clerk Gaskins read the title into the record. Town Commission Meeting Minutes Date: May 19, 2020 Page 3 of 10 Mayor Hillman introduced this item noting the ordinance was the first reading and opened the item for discussion. A discussion was held about including a seawall in the ordinance in terms of confirming that it was in a stable structural condition in addition to the dock. Town Manager Labadie explained that Section 6-132 -Abatement of Nuisances, injurious or dangerous conditions as it related to seawalls already on the books. He suggested that there could be a reference to that section that inspection to determine compliance with Section 6-132 could be inserted, instead of referencing seawalls in multiple locations in the ordinance. MOTION: Commissioner Gossett-Seidman moved to adopt Ordinance No. 20-003 with references added. Vice Mayor Babij seconded the motion, which passed (5 to 0) unanimously. B. ORDINANCE NO. 20-004 / SCHEDULING OF COMMISSION MEETINGS AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 2 "ADMINISTRATION", ARTICLE II "TOWN COMMISSION", SECTION 2-28 "RULES OF PROCEDURE", TO PROVIDE FLEXIBILITY IN THE SCHEDULING OF COMMISSION MEETINGS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Town Clerk Gaskins read the title into the record. Mayor Hillman opened this item for discussion and hearing none, he called for a motion to accept the ordinance. MOTION: Commissioner David moved to accept the Ordinance as written. Commissioner Shoemaker seconded the motion, which passed (5 to 0) unanimously. 9. CONSENT AGENDA A. RESOLUTION NO. 20-009 / HIRING FREEZE A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A HIRING FREEZE DURING THE STATE OF LOCAL EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. 20-008 / COMMISSION AND ADVISORY BOARD MINUTES A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A POLICY THAT MINUTES OF THE TOWN COMMISSION AND TOWN ADVISORY BOARDS SHALL CONSIST OF A BRIEF SUMMARY REFLECTING THE EVENTS OF THE MEETING, INCLUDING A RECORD OF ALL VOTES CAST; THAT AUDIO RECORDINGS OF TOWN COMMISSION MEETINGS BE RETAINED FOR A PERIOD OF TEN YEARS; AND PROVIDING AN EFFECTIVE DATE. Mayor Hillman introduced the Consent Agenda items. Town Commission Meeting Minutes Date: May 19, 2020 Page 4 of 10 Discussion ensued about Mr. Kleinman's email suggesting to keep the audio/video recordings on the town's website, looking into the cost of storing the videos, destroying them after ten years, the minutes being kept in a more robust form or maintaining the recordings for ten years and indexing the video recordings based on searchable topics. MOTION: Commissioner Shoemaker moved to preserve the videos with the minutes in a format that can be easily accessed over time, unlimited and approving the Resolution for adopting the hiring freeze. Commissioner David seconded the motion, which passed (5 to 0) unanimously. The consent agenda was approved, as presented. 10. UNFINISHED BUSINESS A. There were no Unfinished Business items. 11. NEW BUSINESS A. Advisory Boards and Committees Interviews and Consideration to Nominate two members to serve on the Financial Advisory Board for a three-year term ending April 30, 2023 and for an unexpired term ending April 30, 2022. Board Applications: John Stump (Reappointment) - Subdivision: Ambassadors V North Ronald Reame - Subdivision: Dalton Place Mayor Hillman introduced this item. Each member of the Commission took a moment to express their endorsement of John Stump's reappointment to the Financial Advisory Board. All the Commissioners were in support of reappointing Mr. John Stump to the Financial Advisory Board. MOTION: Commissioner David moved to appoint John Stump to the Financial Advisory Board for an unexpired term ending April 30, 2022. Vice Mayor Babii seconded the motion, which passed (5 to 0) unanimously. Mr. Reame joined the meeting for his interview. Discussion ensued and Mr. Reame talked about preserving the video recordings. The Commissioners were in support of appointing Mr. Reame to the Financial Advisory Board. Mayor Hillman called for a motion to appoint Ron Reame to the Financial Advisory Board. MOTION: Commissioner David moved to appoint Ron Reame as a member to the Financial Advisory Board to serve a three-year term ending April 30, 2023. Commissioner Shoemaker seconded the motion, which passed (5 to 0) unanimously. B. Interlocal Cooperation Agreement between Palm Beach County and the Town of Highland Beach, enabling the Town to participate in Palm Beach County's Town Commission Meeting Minutes Date: May 19, 2020 Page 5 of 10 Urban County Program for Fiscal Years 2021, 2022 and 2023. (THIS ITEM WAS DISCUSSED AFTER ITEM 11 C). Mayor Hillman read the title for Item 11 B into the record. Town Manager Labadie explained that Palm Beach County ("County") is required to form an Urban County Program in order to receive funding from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant Program (CDBG) and that the county must solicit 'the participation of all eligible municipalities within its boundaries. The town's participation in the Urban County Program would increase the amount of federal grant funding which HUD allocates to the county program, and the funding would support community-based services for victims of domestic violence, veterans' affairs, persons with disabilities, abused children and etc. There was discussion about costs related to the town's involvement in the program, HUD specific funding allocated to the County, the County's past participation in the program, and whether the town participated in the program in the past. Town Manager Labadie provided information from Town Planner Allen who highlighted the town's previous involvement in the program in 1996, 1999 and 2002. There was further discussion and clarification about whether the participation in the County program would render the town ineligible to apply for CDBG funds from the State of Florida of which the town would not qualify for regardless. MOTION: Commissioner David moved to approve the Interlocal Cooperation Agreement between Palm Beach County and the Town of Highland Beach. Commissioner Gossett-Seidman seconded the motion, which passed (5 to 0) unanimously. C. Designation of the Town's Voting Delegates to Palm Beach League of Cities. (THIS ITEM WAS DISCUSSED BEFORE ITEM 11 B.) Mayor Hillman introduced this item, and discussion ensued about designating Commissioner Gossett-Seidman as the town's voting delegate and designating Commissioner Evalyn David as the alternate. It was the consensus of the Commission to designate Commissioner Gossett-Seidman as the voting delegate and Commissioner Evalyn David as the alternate to the Palm Beach League of Cities. D. Preliminary Legal Review of Beach Renourishment Projects Mayor Hillman read the title for Item 11 D into the record. Town Attorney Torcivia introduced this item and gave an overview about the research that he and Attorney Carolyn Ansay conducted as it related to the legal review associated with beach nourishment activities undertaken by the Cities of Boca Raton and Delray Beach, including the approval and permitting process. Discussion followed about challenging this matter based on the fact that Boca Raton took over Highland Beach on their plans and made it look like Highland Beach was Boca North. Town Attorney Torcivia explained that the issues raised were valid issues. He then spoke about the mislabeling of the land and how material it is when the Department of Environmental Protection (DEP) Town Commission Meeting Minutes Date: May 19, 2020 Page 6 of 10 looks at the region of state submerged land, calling it a misrepresentation of land, the time frame to file a challenge, and that the cost for legal fees would depend on the complexity of the legal process. There was further discussion about the monitoring responsibilities and report filing responsibilities listed in the agreements, submitting public records requests to obtain the DEP reports, and possibly hiring an outside expert. Mayor Hillman suggested to bring in Dr. Jenkins from Coastal Management to the next Commission meeting for discussion and to request the public records from the DEP. Discussion continued about beach sand mining (an international ecological problem) and the negative impact that the mining had on the beaches, such as destruction of natural beaches and ecosystems, change in water flows, flood regulations and maritime currents, land losses inland and coastal, increase shoreline erosion, impact to coastal infrastructures and river embankments (existing buildings on the beaches), social and political turmoil due to illegal sand mining, economic losses from tourist abandonment, alternatives beach sand mining, the Boca Raton Save our Sand Organization, a federal lawsuit filed by Siesta Key against the U.S. Army Corp of Engineers in response to Big Pass Dredging Proposal, and a 2001 Los Angeles Times story related to a federal government allotting $62 million dollars for sand renourishment projects. A conversation ensued with Commissioner Gossett-Seidman explaining that she heard from Ralph Clark, a Senior DEP Oceanographer Engineer, about the state waters versus the federal water's boundaries. She said she spoke with Boca Raton Commissioner Monica Mayotte about the beach renourishment and about her involvements with the Citizens Climate Lobby, the Climate Reality Project and about her lobbying efforts in Washington D.C., in which she has been instrumental in climate change ecological controlling of the environment. Ms. Mayotte suggested that Highland Beach Commissioners attend one of the Boca Raton Commission meetings to discuss the beach renourishment matter. Commissioner Gossett-Seidman suggested that maybe Highland Beach citizens could form a committee and then allow the Natural Resources Preservation Advisory Board to look into the matter. There was dialogue had about the public notice requirements governing the cities of Boca Raton or Delray Beach, for each time they modified or altered their plans for the minor modification to the major modification. The various time periods for beach renourishment, the washing away of the beach sand, federal funds for beach renourishment, obtaining designation for critically eroded beaches, the qualification for such designation, use of public funds for public beaches versus private beaches, the significant amount of the Palm Beach County tourist tax/bed tax that goes towards beach renourishment projects, and the involvement as it related to challenging the cities of Boca Raton or Delray Beach. There was further discussion about if Highland Beach were to obtain public funds to refurbish the beaches, those privately owned beaches would give up ownership of some portion of the beaches, the beaches becoming public beaches and whether the town would have to provide parking. Town Manager Labadie explained that he would be meeting with the Coastal Programs Manager from the City of Boca Raton to discuss and gather information, as it related to public versus private beaches. Town Manager Labadie talked about how the town would qualify for federal dollars if there was a natural disaster such as a hurricane and if the town's Barrier Island value and functions were destroyed, that the federal government would provide funding to restore it. He then explained that in order to get the federal cost- Town Commission Meeting Minutes Date: May 19, 2020 Page 7 of 10 share similar to the Cities of Boca Raton and Delray Beach, there had to be a public element such as parking spaces. He also talked about bringing in Dr. Jenkins as an expert on the process of permitting, obtaining the environmental impact statement, and to learn the process before the next step was taken. There was further discussion about no project in November because the project was done, compatible sand, gathering the information, bringing in Dr. Jenkins for the next Commission meeting, hiring an environmental attorney and contacting Engineer Gordon Thomson. Mayor Hillman then suggested Commission should hear from Dr. Jenkins to learn about the potential damages that the renourishment does to the environment, what potential damages it does to wave structures and Highland Beach's shorelines and etc. Commission Gossett-Seidman talked about Jane West, the Siesta Key attorney, and about the concerns with the conflict of interest with Boca Raton as it related to Dr. Jenkins' 1980s underwater diving book. She said Delray and Boca-Highland Beach waters had lost significant reefs since the 1980's environmentalists state. Commissioner Shoemaker talked about the dredging, the apparent deception used with the naming of Boca called North Boca Raton to get their permits for the beach renourishment project as it related to sand movement on the beaches in Highland Beach, a breach in the Barrier Island, stopping further removal of the sands, beach erosion, avoiding litigation, creating a team, establishing a dialogue with Boca Raton's Mayor, meeting with Boca Raton's Commissioners and ensuring that the town was protected naturally when a hurricane hit. Mayor Hillman would like to hear from some experts who could tell the Commission what damages had occurred to the beaches in Highland Beach as a result of the beach renourishment activities. He explained proceeding with the process to interview environmental attorneys was a great idea, and it must be determined how much the town could spend to protect privately-owned beaches. Discussion ensued about the impact of a hurricane and the loss of beach sand. In addition, there was a discussion about the impact of Hurricane Sandy washing out the beach sand in Highland Beach and washing out seawalls in other areas. Lastly, there was more discussion with Vice Mayor Babii talking about the impact of Hurricane Sandy and the beach renourishment project that he led for Ocean Place Estates, including the cost associated with that project. Town Manaqer Labadie clarified whether Commission wanted to move forward with Gordon Thomson instead of Dr. Jenkins and all Commissioners agreed with Gordon Thomson. 12. PUBLIC COMMENTS AND REQUESTS -AGENDA ITEMS ONLY There were no public comments. Town Commission Meeting Minutes Date: May 19, 2020 Page 8 of 10 13. TOWN COMMISSION REPORTS A. Commissioner John Shoemaker asked when a property is going to install a riprap, was a written legal public notice required to the neighbors north and south of the property? Town Manager Labadie replied, "yes." He spoke about the town's website, audio/video meeting recordings and suggested the following: Some form of an animated sign similar to the one created for walkers during the COVID-19 Pandemic to adhere to social distancing guidelines that were geared towards the bicyclist, and an easier process for the residents to access the video recordings and agendas. He mentioned he would see where he could help as it related to IT services to make the town more effective in the way the information would be presented, saved, and distributed. B. Commissioner Evalyn David had nothing to report. C. Commissioner Peggy Gossett-Seidman talked about several requests that she received from residents questioning if the town would acknowledge middle school, high school and college graduates who had no capability of a formal graduation ceremony this year due to COVID-19 pandemic. Discussion followed about how the acknowledgment of graduating students could be implemented, which included putting information on the town's website, displaying a banner at Town Hall with the graduate's names, and sending emails to the residents requesting graduates information. D. Vice Ma or Greg BBabil had nothing to report. However, he noted that he would be sending Town Manager Labadie the sand numbers that he spoke about earlier. Mayor Hillman asked the Vice Mayor if he was able to get with Finance Director Lalla. Vice Mayor Babij mentioned he had reached out to Finance Director Lalla twice and was not able to pin him down. Town Manager Labadie advised that Mr. Lalla was still working on the information, and he was also waiting for a call back from Tallahassee regarding the SRF. Discussion followed about reviewing the existing loans and Town Manager Labadie further explained why Mr. Lalla was waiting for a response from Tallahassee as it related to loans and etc. E. Mayor Douglas Hillman inquired about the status of the pipes (sanitary sewer televising), and when they start examining the interior of the pipes. Town Manager Labadie gave an update on the execution of the contract and the sanitary sewer televising project. 14. TOWN ATTORNEY'S REPORT Town Attorney Torcivia briefly talked about the county's recent order to reopen the beaches and lessening some of the restrictions. 15. TOWN MANAGER'S REPORT Town Manager Labadie provided an update as follows: The beaches are opened, and the residents are urged to be cognizant of their social spaces, social distancing, take the necessary precautions and maintain crowds to a minimum. There will be beach patrol by the Police Department. There is Executive Order Town Commission Meeting Minutes Date: May 19, 2020 Page 9 of 10 information on the town's website. He spoke about Palm Beach County as a hot spot, a recent rise in the COVID-19 cases in Palm Beach County, explaining the increase in testing and access to testing where it was previously limited. Budget season was in progress and the department heads were working on their initial departmental draft budgets for review by the Town Manager and Finance Director Lalla. The Palm Beach County Property Appraiser would be providing data estimates on market growth or contraction based on estimates received every year from the Property Appraiser's Office. He also stated that there would be some anticipation of the loss of revenue as well that would be added into the projections. Town Manger Labadie advised that he and Labor Attorney Pheterson had been working through the collective bargaining agreement process. He spoke about the ongoing safeguarding projects as it related to safety measures in Town Hall, the Building Department, the Library and the Post Office. The Post Office hours were 8:30 A.M. to 12:30 P.M. Notable compliments were received from Mr. and Mrs. Burrell (PH) at the Seagate who thanked Library Director Lois Albertson and her staff for helping them get access to the books and other library materials over the years. Mr. Turk thanked Officer Semple and Reissi and the Highland Beach Police Department for its professionalism and responsiveness. Mr. Griffin thanked Officer Miller for his assistance with a fall and injury in January. Ms. Doresacraponte (PH) thanked Officer Shersty for providing great service in January. Town Manager Labadie thanked all of the employees for their continued commitment to the community. Commissioner Shoemaker asked about the status on the crosswalks, and Town Manager Labadie explained that the project was still in the works as it related to looking at different delivery mechanisms to deliver the project at a significantly lower cost. Town Commission Meeting Minutes Date: May 19, 2020 Page 10 of 10 16. ADJOURNMENT There being no further business, Mayor Hillman adjourned the meeting at 3.40 P.M. APPROVED at the October 6, 2020, Virtual Town Commission Meelin�,, ATTEST- Douglas H 1 an, Mayor Transcribed by Ganelle Thompson Administrative Support Specialist a 4Ida Gaskins, NAAC Date Town Clerk Ig: 09.25.2020 baw: 09.30.2020 Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are transcribed as a brief summary reflecting the event of this meeting.