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2020.06.16_TC_Minutes_Regular • TOWN OF HIGHLAND BEACH TOWN VIRTUAL COMMISSION MEETING MINUTES Town Hall / Commission Chambers Date: June 16, 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 1:32 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 Town Commission led the Pledge of Allegiance. 4. ADDITIONS, DELETIONS, AND APPROVAL OF THE AGENDA Mayor Hillman added a discussion to evaluate the list of tasks on the Town Manager's whiteboard. He briefly spoke about the current tasks in progress such as the underground pipes, crosswalk, budget, various ordinances, and the union contracts. He also spoke about the tasks that are not being worked on and the unplanned issues due to the COVID- 19 pandemic. He wanted Town Commission to discuss this subject matter today and then place the item on the next Town Commission meeting agenda. Discussion ensued about establishing, categorizing, and prioritizing the list of tasks on the Town Manager's whiteboard. All commissioners agreed that a list of priorities needed to be established. Mayor Hillman suggested that Town Manager Labadie divide the list into operational administrative tasks that do not require prioritizing and then separate the tasks into the basic initiatives. Town Manager Labadie will prepare the priority list of tasks and then Virtual Commission Meeting Minutes Date: June 16, 2020 Page 2 of 9 forward the list to each commissioner before the next meeting. Further discussion continued about formatting, grouping the tasks, and developing a strategic plan for the Town. MOTION: Commissioner David moved to accept the agenda. Commissioner Shoemaker seconded the motion, which passed (5 to 0) unanimously. 5. PRESENTATIONS / PROCLAMATIONS There were no Presentations / Proclamations. 6. PUBLIC COMMENTS AND REQUESTS AGENDA AND NON-AGENDA ITEMS There were no public comments. 7. ANNOUNCEMENTS Mayor Hillman announced the board vacancies. A. Board Vacancies 1. Board of Adjustment &Appeals Board - Two vacancies for a three-year term. B. Meetings and Events 1. Natural Resources Preservation Board Meeting July 01, 2020 - 9:30 A.M. 2. Town Commission Special Meeting July 02, 2020 - 1:30 P.M. 3. TOWN HALL CLOSED July 3, 2020, in Observance of Independence Day 4. Town Commission Meeting July 07, 2020 - 1:30 P.M. 5. Planning Board Meeting July 09, 2020 - 9:30 A.M. 6. Financial Advisory Board Meeting July 09, 2020 - 2:00 P.M. 7. Code Enforcement Board Meeting July 14, 2020 - 2:00 P.M. 8. Town Commission Special Meeting July 21, 2020 - 1:30 P.M. 9. Financial Advisory Board Organizational Meeting July 23, 2020 - 2:00 P.M. C. Board Action Report 1. June 2020 Reports Virtual Commission Meeting Minutes Date: June 16, 2020 Page 3 of 9 8. ORDINANCES AND RESOLUTIONS A. ORDINANCE NO. 20-003 / AMENDING SECTION 30-68, SUPPLEMENTAL DISTRICT REGULATIONS AN ORDINANCE OF THE TOWN COMMISSION 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. (FIRST READING WAS MAY 19, 2020) Mayor Hillman introduced this item stating that the ordinance deals with vacant lots, including docks and piers, and that this was the second reading. MOTION: Commissioner David moved to adopt Ordinance No. 20-003 as presented. Vice Mayor Babii seconded the motion. Upon roll call, the motion passed (5 to 0) unanimously. B. ORDINANCE NO. 20-004%SCHEDULING OF COMMISSION MEETINGS AN ORDINANCE OF THE TOWN COMMISSION 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. (FIRST READING WAS MAY 19, 2020) Mayor Hillman introduced this item stating this allows for flexibility in scheduling commission meetings, and that this was the second reading. Discussion ensued about the second meeting of each month. Town Attorney Torcivia explained that this ordinance clarifies that Town Commission is obligated to have one meeting on the first Tuesday of each month, and any other meetings would be up to the Town Commission to schedule. MOTION: Commissioner Gossett-Seidman moved to adopt Ordinance No. 20-004 as written. Commissioner David seconded the motion. Upon roll call, the motion passed (5 to 0) unanimously. 9. CONSENT AGENDA A. There were no Consent Agenda items. Virtual Commission Meeting Minutes Date: June 16, 2020 Page 4 of 9 10. UNFINISHED BUSINESS A. There were no Unfinished Business items. 11. NEW BUSINESS A. Consider approval to terminate the Contract for Services with National Water Main Cleaning Company, which was approved on April 7, 2020, and authorize staff to contract negotiations with Shenandoah General Construction for the State Road AIA Gravity Sanitary Sewer Closed Circuit Television Inspection Services (Invitation to Bid No. 20-005). Mayor Hillman read the title for Item 11A into the record. Town Manager Labadie presented this item. His recommendations were to terminate the contract with National Water Main Cleaning Company and enter into a contract with Shenandoah General Construction, the second-lowest bidder for Invitation to Bid No. 20- 005. MOTON: Commissioner Shoemaker moved to terminate the contract with the National Water Main Cleaning Company and to replace the contract with Shenandoah General Construction, as proposed. Commissioner David seconded the motion, which passed (5 to 0) unanimously. B. Designation of a Voting Delegate for the Florida League of Cities 94th Annual Conference— Required Business Meetings Mayor Hillman introduced this item. There was discussion about designating Commissioner Gossett-Seidman as the voting delegate for the Florida League of Cities 94th Annual Conference and other required League business meetings. MOTION: Vice Mayor Babii moved to designate Commissioner Gossett- Seidman. Commissioner David seconded the motion, which passed (5 to 0) unanimously. C. Discussion on the Town's logo. — Mayor Hillman Mayor Hillman introduced this item and presented a PowerPoint presentation of the three updated seals, including the comparing of three font types and the addition of birds in the designs from the last presentation. There was a discussion about the updated seals and fonts. All commissioners were in favor of Seal Study D and the font Kreon. Virtual Commission Meeting Minutes Date: June 16, 2020 Page 5 of 9 MOTION: Commissioner Shoemaker moved to adopt a new logo, the center one with the font Kreon, and five colors with the bird. Vice Mayor Babij seconded the motion, which passed (5 to 0) unanimously. D. Discussion of the First Amendment to the Interlocal Service Agreement (ILA) between City of Delray Beach and the Town of Highland Beach for fire rescue services. Mayor Hillman introduced this item. He spoke about the City of Delray Beach's request to add four additional firefighters/paramedics to the Fire Rescue Team and the additional costs for the fire-rescue services over time. The Security for Adequate Fire and Emergency Response (SAFER) Grant, which was approved by Delray Beach City Commission, provides 75%funding for the first two years, followed by 35%for year three, and then Highland Beach will cover 100% in year four. The first year would result in an increased cost of 10% higher than the fiscal year 2019/2020 budget. If the SAFER credit is not applied, the year over year increase would be approximately 17%. He mentioned that Highland Beach has to approach this matter logically and strategically because the services provided by the City of Delray Beach Fire-Rescue are top-notch. However, the cost is extremely high and must be mitigated. He also talked about the Delray Beach Commission 3 to 2 vote to accept the SAFER grant for eight firefighters, the conversation Town Manager Labadie had with the Delray Beach Fire Chief about the contract, and the financial impact Delray would encounter should they terminate the contract with the town. Mayor Hillman suggested the following: (1) having a financial discussion with the City of Delray Beach about this subject matter, (2) tasking Vice Mayor Babij with speaking to the three Delray Beach Commissioners who voted on the agreement about the financial aspect and implications as it relates to possible termination of the agreement; and (3) having the Commission begin developing talking points to help Vice Mayor Babij have the discussion. He then spoke about a two-step process. The first step would be for Town Manager Labadie to send a letter to the City of Delray Beach Fire Chief requesting a discussion about the financials of the 10.3 % increase and its effects. Step two would be to have Vice Mayor Babij contact the three Delray Beach Commissioners who voted on the increase. There was discussion about initiating a thought-provoking dialogue with each of the three Delray Beach Commissioners concerning the financial impact and consequences related to their proposed amendment to the fire-rescue contract. Vice Mayor Babij agreed to contact the Delray Beach Commissioner, who voted in favor of this matter. There was also a discussion about possible alternative fire-rescue services, alternative medical transport services, and investigating options for in-house fire-rescue services. Discussion continued with Commissioner Shoemaker stating that Highland Beach Commission needs to understand why Delray Beach Commission voted 3 to 2 and the reasoning behind why they voted the ways they did. In addition, explain to Delray Beach what the town needs to know about their decision process. The talking points were as Virtual Commission Meeting Minutes Date: June 16, 2020 Page 6 of 9 follows: (1) the Town of Highland Beach received a notice and was not involved/the collaboration on a multi-million-dollar arrangement was absent; (2) the Town of Highland Beach was not considered in the SAFER grant, and the town had no input; (3) the difference in the populations; (4) how did Delray Beach come up with the justification that the town should pay this kind of money given the size of the municipality; (5) the service the town is receiving is satisfactory; (6) the town is happy with the personnel as is today. (7) the Highland Beach population is not changing; (8) the fiscal impact of the COVID-19 pandemic; (9) the revenue sharing cuts; (10) the historical trend — undue burden on Highland Beach; (11) what is the justification used for adding the additional fire-rescue personnel; and (12) the cost and due-diligent needed for reviewing their costs. Mayor Hillman mentioned that Vice-Mayor Boylston, Deputy Vice-Mayor Johnson, and Commissioner Frankel of the City of Delray Beach were the three Commissioners who voted yes. There was discussion about the driving force behind adding additional fire- rescue personnel, and Mayor Hillman explained that the union and former Fire-Chief DeJesus were major factors. Also, Vice Mayor Boylston was a driving force behind this matter as well. Town Manager Labadie spoke about sending a letter to Delray Beach to let them know that the town has no desire to amend the contract as requested and if there is an interest to work together, to look at the contract in its entirety. The letter would also identify that Vice Mayor Babij will contact the Delray Beach Commissioners. All Commissioners agreed that Vice Mayor Babij would contact the three Delray Beach Commissioners to discuss the talking points and that Town Manager Labadie would send a letter to the City of Delray Beach. There was a discussion about the two to three personnel, known as the level of service in the fire industry. E. Discussion on dredging for Beach Renourishment Sand. Commissioner Gossett-Seidman Commissioner Gossett-Seidman presented this item and spoke about establishing ongoing communications with the Cities of Boca Raton and Delray Beach, sharing information amongst the municipalities as it relates to dredging for beach renourishment sand, remaining open to residents' comments, and continuous communications. She mentioned that various environmental groups indicated dredging does not help the coastline, and dredging has a negative impact on the beach and destroys the coral reefs. She also spoke about her research concerning dredging damages and its environmental impact, case law involving the Army Corps of Engineers and their dredging projects, the harmful impact of the dredging related to the ocean current, greater levels of wave actions eroding the beach, the deadly impact to marine life animals, and the harmful impact to the coral reefs and anemones. She then asked Town Manager Labadie to share some of his ideas about adopting an environmental and coastline stance. Virtual Commission Meeting Minutes Date: June 16, 2020 Page 7 of 9 Town Manager Labadie spoke about his conversation with Commissioner Gossett- Seidman related to hiring an environmental attorney and lawsuits. His concerns were that the costs associated with suing a federal and state agency would be above the town's $350,000.00 spending limit, which would require a referendum. He suggested considering a very strong resolution or sending a strong letter to the Governor and all legislators specific to this issue, pointing out the short sidedness or issues or potentially some of the issues of how coastal resources are currently managed and focusing on coastal resiliency. He then spoke about hiring an environmental attorney who would prepare a strong positional letter to address the problems and protect the town's environmental resources. Each year the letter would be shared with state, county, and local legislators, the Florida League of Cities, and neighboring municipalities to create a larger coalition with the adjacent communities and around the state regarding sustainable actions. There was discussion about the cost to litigate such matters, partnering with other cities on issues and not limiting it to just issues with the ocean but with the Intracoastal and canals, the Coastal Resiliency Group and partnership hiring an environmental attorney. Mayor Hillman suggested that Town Manager Labadie put this matter on his list for the commission to prioritize at a future meeting. F. Update on Town Business Discussed by Commission from March of 2018 through June of 2019. - Commissioner Gossett-Seidman Commissioner Gossett-Seidman presented this item and provided an update on town business from March of 2018 through June of 2019. Discussion ensued about the resulting decision on some of the topics, and Commissioner Gossett-Seidman explained that she could provide that information at the next meeting with a quick synopsis for those commissioners who were interested. Further discussion ensued about beach access points and properties with beach access. 12. TOWN COMMISSION REPORTS A. Commissioner John Shoemaker asked the Town Clerk and Town Manager have there ever been any effort to understand how many veterans there are and who they are in Highland Beach. Town Clerk Gaskins replied, she was not aware. Commissioner Shoemaker expressed that maybe the town could do something for the veterans if there was a sufficient number of them in the town. B. Commissioner Evalyn David had nothing to report. C. Commissioner Peggy Gossett-Seidman had nothing to report. D. Vice Mayor Greg Babij had nothing to report. E. Mayor Douglas Hillman had nothing to report. Virtual Commission Meeting Minutes Date: June 16, 2020 Page 8 of 9 13. TOWN ATTORNEY'S REPORT Town Attorney Torcivia mentioned section 2-1 of the Town's code of ordinance defines the seal, and there is no need for an ordinance change. He provided an update regarding the Sunshine Law and Public Records as it relates to complaints, emails, and text messages. He encouraged the Commission to be careful with text messages and email in particular to the reply-all function. A brief discussion ensued about copywriting or trademarking the town's seal logo, and Town Attorney Torcivia mentioned he would look into this matter. 14. TOWN MANAGER'S REPORT Town Manager Labadie provided an update on the budget process in progress. He talked about the Town auditors upcoming onsite visit to wrap up the audit report, his plans to have a conversation with the Town's engineer about alternatives related to the crosswalks, speak with Florida Department of Transportation about a scaled back the project. He also spoke about prioritizing some of the projects. He encouraged the Commission to keep the capital improvement projects at the forefront because there are some obligations to maintain the town's infrastructure — built assets and to look at ways to fit it into the budget a little better. Mayor Hillman asked Vice Mayor Babij to update the Commission on the loans. Vice Mayor Babij explained that he does not have an update as of yet; although he could obtain some information, he is part of the way through it. He stated that some of the rates are so low it is not worth refinancing. He also noted that one of the loans might have a prepayment penalty, so he is still looking into it and will provide an update at the next meeting. Commissioner Shoemaker asked Town Manager Labadie what Chief Hartmann was doing with his police team. Town Manager Labadie spoke about the use of force practices, training and policies deployed by the police department, President Trump's recent executive order banning chokeholds, increasing cases for COVID-19 in the agricultural communities, the west county areas, and in the central corridor areas. He encouraged everyone to continue to take the appropriate measures emphasizing the importance of washing hands and wearing masks. Discussion ensued about digital meetings, public participation, and waiting to find out if the Governor will give the flexibility of allowing virtual meetings to continue. Virtual Commission Meeting Minutes Date: June 16, 2020 Page 9 of 9 15. ADJOURNMENT There being no further business, Mayor Hillman adjourned the meeting at 3:33 P.M. APPROVED at the October 20, 2020, Virtual Town Commission Meeting. i✓' , �y 1. .'"'�.y.�- ATTEST; �., :�; �' . Dougla." Hillman, Mayor Transcribed by Ganelle Thompson Administrative Support Specialist Ida Gaskins, MMC Date To Clerk Ig: 10/08/2020 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.