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2020.12.15_TC_Minutes_RegularTOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES Town Hall/ Commission Chambers 3614 South Ocean Boulevard 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 Date: December 15, 2020 Time: 1:30 P.M. Town Attorney Glen Torcivia Uoined 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 Mayor Hillman added "State Senator Tina Polsky" to the agenda as Item 5A under Presentations / Proclamations. MOTION: Commissioner David moved to accept the agenda as amended. Commissioner Gossett-Seidman seconded the motion, which passed (5-0) unanimously. 5.PRESENTATIONS/ PROCLAMATIONS A.State Senator Tina Polsky (THIS ITEM WAS ADDED TO THE AGENDA) Ms. Tina Polsky introduced herself as the newly elected State Senator for Senate District 29 and mentioned that the legislative days would begin in March of 2021. She encouraged the Town Commission to contact her via email at Polsky.Tina@flsenate.gov, and that she would be happy to assist with any constituent service issues or legislative item problems. Town Commission Meeting Minutes Date: December 15, 2020 6.PUBLIC COMMENTS AND REQUESTS There were no public comments. 7.ANNOUNCEMENTS Mayor Hillman read the following announcement: A.Board Vacancies Page 2 of 6 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 1.December 17, 2020 -2:00 P.M. Virtual Financial Advisory Board Special Meeting December 24, 2020 -Town Hall closed in observance of Christmas Eve December 25, 2020 -Town Hall closed in observance of Christmas Day January 01, 2021 -Town Hall closed in observance of New Year's Day January 05, 2021 - 1 :30 P.M. Town Commission Meeting C.Board Action Report 1.None. 8.ORDINANCES A.PROPOSED ORDINANCE / MODIFY CONSTRUCTION WORK HOURS AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 12, "CONSTRUCTION SITES," OF THE TOWN CODE OF ORDINANCES, TO MODIFY THE PERMITTED CONSTRUCTION HOURS AND ADOPT NEW REGULATIONS FOR CONSTRUCTION ACTIVITIES ON SATURDA VS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Hillman opened this item for public comments. Town Clerk Gaskins explained that public comments were limited to three minutes. Ms. Mayde Wiener joined the meeting via Zoom and spoke about a request that she sent to the Town Manager for email communications from Mayor Hillman's homeowner's association related to support for the proposed ordinance modifying the construction work hours. She also spoke about the comments made by Vice Mayor Babij at the November 5, 2020 Commission meeting as it relates to the ten residents supporting the proposed Town Commission Meeting Minutes Date: December 15, 2020 Page 3 of 6 ordinance. Ms. Weiner also talked about a letter that the Town Manager sent to the condominium boards about modifying the construction work hours. Mr. Steven Parks joined the meeting via Zoom. He talked about the proposed changes to the ordinance to modify the construction work hours and the limitations. He suggested that the Town Commission reconsider the language proposed in subsection 81 and 82 related to construction on Saturday and paragraph "C", concerning arriving on-site more than one-half hour before or leaving the said site more than one-half hour after the construction hours. He suggested more of a rational approach to this matter related to what the construction workers need to do on the job sites, and what individual homeowners can do on job sites at their residences. Ms. Meredith A. Chaiken, Esquire attended the meeting on behalf of several residents. She spoke about a recent record request that she sent the Town Attorney seeking copies of records related to King Tide Marina, email communications supporting the proposed ordinance from Mayor Hillman's homeowner association, and submission of a second record request for telephone records from each Town Commissioner. Ms. Chaiken talked about a lack of support from the residents and the potential implications should the Town Commission pass the proposed ordinance modifying the construction work hours. Town Clerk Gaskins read the emails from Mr. Steven Sassone, Mr. John Rand, and Ms. Elyse Riesa related to modifying the construction work hours. Mr. Sassone was in favor and Mr. Rand was against modifying the construction work hours. Mrs. Riesa suggested several ways to find compromise to modifying the construction work hours and suggested that the Town consider a hardship waiver process, if necessary. Mayor Hillman closed public comments. Vice Mayor 8abij sponsored the proposed ordinance. Town Manager Labadie presented this item. He will redraft the proposed ordinance to include a waiver process and bring the ordinance back as a first reading at the next Town Commission meeting. 9.CONSENT AGENDA There were no consent agenda items. 10.UNFINISHED BUSINESS A.Consideration to approve the proposed Right-of-way Permitting Outline. Commissioner Shoemaker sponsored the proposed Right-of-Way Permitting Outline. He suggested to review and edit the existing ordinances for the protection of the swales. Town Manager Labadie explained should the Town Commission direct staff to move forward with Option 11, he and Town Planner Allen would work together with Town Commission Meeting Minutes Date: December 15, 2020 Page 4 of 6 Commissioner Shoemaker to amend the current Town code provisions (where applicable) to protect the swales. MOTION Commissioner Shoemaker moved to tighten up the wording in existing areas that apply for the protection of swales and protection of the right-of­ way, without getting ordinance happy and creating new ordinances. Commissioner Gossett-Seidman seconded the motion, which passed (5-0) unanimously. Mayor Hillman talked about the swales, a swales program that includes how to put swales together, and including the Planning Board in the process. Town Manager Labadie mentioned adding the information as an appendix to the Construction Site Handbook. B.Resolution No. 20-024 I Rescinding Resolution No. 19-00BR A Resolution of the Town Commission of the Town of Highland Beach, Florida, rescinding Resolution No. 19-00BR, which adopted Commission rules governing interactions with staff, town attorney, advisory boards, and outside agencies; and providing for an effective date. 1.Consideration to approve the proposed Commission Interaction Guidelines. Town Manager Labadie presented this item and explained the proposed Commission Interaction Guidelines. MOTION: Commissioner David moved to accept Resolution No. 20-024. Vice Mayor Babij seconded the motion, which passed (5-0) unanimously. MOTION: Commissioner Shoemaker moved to accept the new Commission Interaction Guidelines as amended. Commissioner David seconded the motion, which passed (5-0) unanimously. Mr. Steven Parks joined the meeting via Zoom. He spoke about the proposed Commission Interaction guidelines related to streamlining the interaction/communication with staff and between the Town Attorney and board members. 11.NEW BUSINESS There was no new business. 12.TOWN COMMISSION COMMENTS Commissioner John Shoemaker A.Communication to Residents Commissioner Shoemaker recommended that any letter prepared by the Town Commission be signed by the commissioner that writes the letter and includes each Town Commission Meeting Minutes Date: December 15, 2020 Page 5 of 6 commissioner's names. He indicated that the letter on Veteran John Bury could be included in the Manager's Minutes, delivered via snail mail (regular postal service), and added to the Town's website. He also spoke about a newspaper article that he read about the termination of City Managers from the City of Delray Beach, the difficulty of finding talented individuals for both Town employees and Town Commission, and the salary to attract individuals as a commissioner. Commissioner Evalyn David had no comments. Commissioner Peggy Gossett-Seidman commented that she was glad she ran as a commissioner because the commissioners that served with her in the past were able to bring in Town Manager Labadie and a building official. Vice Mayor Babij liked Commissioner Shoemaker's idea about attracting better talent to the Town Commission and mentioned surveying the commission salaries. Mayor Douglas Hillman agreed with Vice Mayor Babij and mentioned it would be worth surveying by the Financial Advisory Board. 13.TOWN ATTORNEY'S REPORT Town Attorney Torcivia wished everyone a happy and safe holiday season. 14.TOWN MANAGER'S REPORT Town Manager Labadie provided an update on the following: A letter from the Town of Highland Beach, Maryland, was placed in each commissioner's mailbox, and the book was placed in the commission's office. He will send the Town of Highland Beach, Maryland, a copy of Highland Beach, Florida's book. Fire Study: the consultants received the financial information and developed a draft profile. The information will be forwarded to the City of Delray Beach Fire-Rescue Chief to review for accuracy. There will be conversations about the data, the alternatives and then the audit will begin. There will be conversations in January about the call data. The City of Delray Beach sent the True Ups amounts today, and there was a slight increase. He will look at the numbers. The consultants have made the changes as requested by the Town Commission to the Water and Wastewater Rate Study. The Financial Advisory Board will meet on Thursday, December 17, 2020, to review and discuss the rate study. Based on the Financial Advisory Board's discussion, the rate study will come back to the Town Commission at the January 5, 2021 meeting. The Finance Department was doing their best to hold it together. Finance Director Lalla was doing well and will be returning to the office soon. He will be sending some communications to the Town Commission soon. Town Commission Meeting Minutes Date: December 15, 2020 Page 6 of 6 There was a discussion about Fire-rescue services, the deliverables, costs, and potential alternatives. 15. ADJOURNMENT There being no further business Mayor Hillman adjourned the meeting at 4:32 P.M. Town Clerk lg: 01/28/2021 Douglas Hillman, Mayor Transcribed by Ganelle Thompson A�inistrative Support Specia!ist ..... , e b n.L(j> 0 2, 1 ,;i_o :L 1 · ate 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: https://highlandbeach-fl.municodemeetings.com/ 2