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2020.12.01_TC_Minutes_Regular 04 oGHL4,d �� TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES F'L OR1D Town Hall / Commission Chambers Date: December 01, 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 1:30 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 Manager Marshall Labadie Town Attorney Glen Torcivia (joined the meeting via Zoom) Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Town Commission led the Pledge of Allegiance. 4. ADDITIONS, DELETIONS, AND APPROVAL OF THE AGENDA MOTION: Commissioner David moved to accept the agenda as stated. Commissioner Gossett-Seidman seconded the motion, which passed (5-0) unanimously. 5. PRESENTATIONS / PROCLAMATIONS A. Milani Park "Beach Sit-in" Update Mayor Hillman provided an update on the Milani Park "Beach Sit-in" held on November 18, 2020 and presented a PowerPoint presentation referencing numerous slides of the beach area including phases one and two of the Conceptual Master Plan. It was discovered that phase two of the Conceptual Master Plan would not work for the Milani Park beach area. Therefore, the next step is for Mayor Hillman, Town Manager Labadie and Town Attorney Torcivia to schedule a meeting with Palm Beach County Commissioner Robert Weinroth and Palm Beach County Parks and Recreation Director Eric Call, to discuss a plan suitable for the initiative. Town Commission Meeting Minutes Date: December 01, 2020 Page 2 of 7 6. PUBLIC COMMENTS AND REQUESTS NON-AGENDA ITEMS ONLY A. Mr. Michael R. Mantelle Email Diane Matthewman joined the meeting via Zoom. She voiced concerns about modifying the construction work hours to allow work on Saturdays as well as surveying the residents about the matter. Joshua Davison, President of the Association on Russell Drive joined the meeting via Zoom. He spoke about a permit that he had submitted to the Building Department in September to extend an existing pool deck to the seawall and about an ordinance that was adopted by the town which does not allow the association to extend its deck up to the seawall. Mr. Davison also presented a PowerPoint presentation of several surrounding neighbors that have extended pools or decks to the seawall. Town Planner Ingrid Allen spoke about the provisions of the town's code of ordinance and read Section 30-66(c)(1)(a) as it relates to encroachments into setbacks in the residential estate (RE), residential single-family (RS), multiple-family low density (RML), multiple-family medium density (RMM), and multiple-family high density (RMH) zoning districts. She explained that the code of ordinance does have provisions for a variance which could be heard by the Board of Adjustment and Appeals. Town Clerk Gaskins mentioned that Mr. Michael Mantelle sent an email expressing his concerns with regards to expanding construction work hours. Mayor Hillman read an email from Mr. Keith Newfield as it relates to modifying construction work hours with Saturday limitations. 7. ANNOUNCEMENTS Mayor Hillman read the following announcements: A. Board Vacancies 1. Board of Adjustment &Appeals Board - Two vacancies for a three-year term. Financial Advisory Board - One vacancy for a three-year term. B. Meetings and Events December 09, 2020 -Virtual Natural Resources Preservation Advisory Board Meeting December 10, 2020 - Planning Board Regular Meeting December 15, 2020 - Town Commission Meeting December 17, 2020 - Virtual Financial Advisory Board Quarterly Meeting December 24, 2020 - Town Hall closed in observance of Christmas Eve Town Commission Meeting Minutes Date: December 01, 2020 Page 3 of 7 December 25, 2020 - Town Hall closed in observance of Christmas Day C. Board Action Report 1. None. 8. ORDINANCES A. PROPOSED ORDINANCE / ELEVATION PROVISIONS AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 30 "ZONING CODE" AND CHAPTER 6 "BUILDINGS AND STRUCTURES" TO ELIMINATE REDUNDANT PROVISIONS RELATING TO FINISH FLOOR ELEVATIONS AND TO REFERENCE THE BASE FLOOD ELEVATION FOR THE HEIGHT OF SEAWALLS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Hillman referred this item to Building Official Jeffrey Remas. Building Official Remas joined the meeting via Zoom and presented this item advising that at its November 12, 2020 meeting, the Planning Board approved the proposed ordinance on a 7 to 0 vote. His recommendation was to approve the proposed ordinance. MOTION: Commissioner David moved to accept the proposed ordinance relating to elevation to eliminate redundant provisions in the current code. Commissioner Shoemaker seconded the motion, which passed (5-0) unanimously. B. PROPOSED ORDINANCE / ADMINISTRATIVE AMENDMENTS AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING ADMINISTRATIVE AMENDMENTS TO THE 7TH EDITION (2020) OF THE FLORIDA BUILDING CODE; PROVIDING FOR THE REPEAL OF ALL LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Building Official Remas read the title of the proposed ordinance and presented this item. His recommendation was to approve the proposed ordinance. MOTION: Commissioner Shoemaker proposed a motion for the administrative amendments and the updates as noted, the 7th Edition of the Florida Building Code and providing for the repeal of all laws in conflict, providing for severability and so forth, as noted by Building Official Remas. Commissioner David seconded the motion, which passed (5-0) unanimously. Town Commission Meeting Minutes Date: December 01, 2020 Page 4 of 7 9. CONSENT AGENDA There were no consent agenda items. 10.UNFINISHED BUSINESS Mayor Hillman moved Item 11B, Resolution No. 20-023. Commissioner Gossett-Seidman disclosed that she has known Mr. Bodker for a long time. AA. Resolution No. 20-023 (THIS ITEM WAS FORMALLY ITEM 11B) A Resolution of the Town of the Town Commission of the Town of Highland Beach, Florida, authorizing the Mayor to execute Amendment No. Three to the State of Florida Department of Transportation District Four Landscape Inclusive Memorandum of Agreement on behalf of the Town of Highland Beach and providing for an effective date. Mr. Dave Bodker, Landscape Architect with Landscape Architecture/Planning, Inc. and Mr. Jeff Norman of J. H. Norman Construction Co. were present at the meeting on behalf of Mr. Stuart Olsen the property owner of 2352 S. Ocean Blvd. Mr. Bodker provided comments about the landscaping project and Mr. Norman provided comments related to the swale area at the above-mentioned property. Town Manager Labadie explained that Town Commission could place conditions on the approval. MOTION: Commissioner Shoemaker moved to approve Resolution No. 20-023 as noted with provisions that some cooperative effort is made for drainage between the property and A1A accompanied by a drainage improvement plan. Commissioner David seconded the motion, which passed (5-0) unanimously. A. Continued discussion on 2020 Water/Wastewater Revenue Sufficiency Rate Study — Water and Wastewater Systems. Town Manager Labadie introduced this item. Mr. Robert Ori and Mr. Mark Tuma of Raftelis Financial Consultant Inc., joined the meeting via Zoom and presented a PowerPoint presentation updating the Town Commission on the 2020 Water/Wastewater Revenue Sufficiency Rate Study as it relates to the changes made to the rate design. It was suggested that Mr. Ori look at increasing tiers three and four, shaving tier two, and the ready to serve on multi-family dwellings, if possible. Mr. Ori will make the changes and the 2020 Water/Wastewater Revenue Sufficiency Rate Study will be presented to the Financial Advisory Board at the December 17, 2020 meeting (for more information about this item, please visit the Town's Media Archives & Minutes webpage to access and view the audio/video recording). Town Commission Meeting Minutes Date: December 01, 2020 Page 5 of 7 11.NEW BUSINESS A. Resolution No. 20-021 A Resolution of the Town of the Commission of the Town of Highland Beach, Florida, implementing the provision of Section 106.07(2)(A)2., Florida Statutes, requiring submission of campaign finance reports through an electronic filing system; establishing requirements for the system; establishing requirements for system access and usage; describing applicable exemptions from public records law; authorizing the Town Clerk to promulgate rules and other guidance related to the system; and providing for an effective date. Town Clerk Gaskins presented this item. MOTION: Commissioner David moved to accept Resolution No. 20-021 and allow for electronic filing of campaign finance reports. Commissioner Shoemaker seconded the motion, which passed (5-0) unanimously. B. Resolution No. 20-023 (THIS ITEM WAS MOVED TO ITEM 10AA UNDER UNFINISHED BUSINESS) A Resolution of the Town of the Town Commission of the Town of Highland Beach, Florida, authorizing the Mayor to execute Amendment No. Three to the State of Florida Department of Transportation District Four Landscape Inclusive Memorandum of Agreement on behalf of the Town of Highland Beach and providing for an effective date. C. Approve the ratification of the Town Manager's signature for the Interlocal Agreement between the Town of Highland Beach and Palm Beach County to be reimbursed for procurement and expenditures related goods or services in accordance with the Municipal Coronavirus Aid, Relief, and Economic Security Act (CARES ACT) Reimbursement Program. Town Manager Labadie presented this item. MOTION: Commissioner David moved to ratify the Town Manager's signature on the Interlocal Agreement under the CARES ACT reimbursement. Vice Mayor Babij seconded the motion, which passed (5-0) unanimously. D. Approval of Commission Meeting Minutes October 06, 2020 - Commission Meeting Minutes October 20, 2020 - Commission Meeting Minutes November 05, 2020 - Commission Meeting Minutes Town Commission Meeting Minutes Date: December 01, 2020 Page 6 of 7 MOTION: Commissioner Gossett-Seidman moved to accept the October 06, October 20, and November 05, 2020 Commission Meeting Minutes as amended. Commissioner David seconded the motion, which passed (5-0) unanimously. 12. TOWN COMMISSION COMMENTS Commissioner Peggy Gossett-Seidman provided a recap of the Florida League of Cities Legislative Action agenda and mentioned that the League will take its final motions to Tallahassee on March 3. A. Florida League of Cities Legislative Committee Report She spoke about the motions made by the Florida League of Cities related to the Sales Tax Fairness Act also known as the Wayfair rule, annexations, short-term rentals, affordable housing and the Sadowski funds, the discharge to surface waters, the digital divide due to the Covid-19 pandemic (correct infrastructure for IT related to broadband), mobility, cybersecurity, transportation funding, and resiliency and sustainability. Commissioner John Shoemaker commented on Ms. Diane Matthewman's concerns about modifying the construction work hours. He explained that the Town Commission want to accommodate the entire town as best as possible in a compromising manner. He also spoke about the following: An update on the right-of-way ordinance, and the need to increase the awareness and requirements to support a drainage strategy for swales, The concept of grandfathered as it relates to variances and the need to have a process for variances, and His recent interview with resident John Bury, a WWII Veteran. He indicated that there will be some form of notoriety in the form of the Manager's Minutes, Commissioner's letter, or a proclamation. He will work with Town Clerk Gaskins. Commissioner Evalyn David asked Town Attorney Torcivia if the Town could require people whose property is flooding over into the street to take care of the flooding problem? Town Attorney Torcivia explained and indicated that he could look into the matter. There was a brief dialogue about the town's code of ordinance related to drainage. Vice Mayor Greg Babii suggested to have a conversation with Building Official Jeffrey Remas about flooding. He spoke about his tour of the Building Department. He also referenced Section 30-66(c)(1)(a) of the code of ordinances regarding setbacks on waterfront properties which was discussed with Joshua Davison today. He mentioned he would be happy to sponsor an ordinance about setbacks on waterfront properties. There was discussion about setbacks on waterfront properties. Town Commission Meeting Minutes Date: December 01, 2020 Page 7 of 7 13. TOWN ATTORNEY'S REPORT Town Attorney Torcivia had nothing to report. Mayor Hillman asked Town Attorney Torcivia how he was progressing on the document for Mr. Pierce, and Town Attorney Torcivia explained that he will follow up with Town Attorney Rubin about this matter. 14. TOWN MANAGER'S REPORT Town Manager Labadie updated the Town Commission on the status of the Fire-Rescue study. He explained that 80% of the information was received from the City of Delray Beach and the study was progressing at a slow pace. He will be meeting with Terry from the City of Delray Beach to review some of the data. There are some issues, and he will send the Town Commission an email clarifying some of the issues. He encouraged everyone to enjoy the holiday lightings during the holiday season, to practice social distancing with facial covering, etc., laugh once a day, stay positive, and stay safe during the COVID-19 pandemic. Mayor Hillman commented that the Town of Highland Beach has been running into some issues with getting the appropriate data from the City of Delray Beach Fire-Rescue and he commented about the timeline. 15. ADJOURNMENT There being no further business, Mayor Hillman adjourned the meeting at 5:47 P.M. APPROVED at the January 19, 2021 Town Commission Meetint. '!i / ATTEST: Douglas Hillman, Mayor 1 / Transcribed by Ganelle Thompson Administr tivesupport Specialist A /� ^ �..i / /9' 020021 La -Ida Gaskins,,MMC ate Town Clerk Ig: 01/14/2021 baw: 01/14/2021 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. Verbatim audio/video recordings are permanent records and are available on the Town's Media Archives & Minutes webpage: