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2021.02.16_TC_Minutes_Regular p4OGHI4,O 3 �� TOWN OF HIGHLAND BEACH N TOWN COMMISSION MEETING MINUTES 1949 441 0 RV Town Hall / Commission Chambers Date: February 16, 2021 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 Attorney Glen Torcivia (virtually) Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Town Commission led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA Mayor Hillman added the "Update on an unfortunate accident on Saturday evening" as Item 5A under Presentations/Proclamations, and the "Discussion on Boat Lift Heights" as Item 11 F(A) under New Business. MOTION: David/Babij - To approve the agenda as amended. The motion passed on a 5 to 0 vote. 5. PRESENTATIONS / PROCLAMATIONS A. Update on an unfortunate accident Saturday evening" (This Item was added to the agenda). Chief of Police Craig Hartmann provided an update on the accident that occurred last Saturday evening near the Boca Highland area and explained that a resident was struck by a vehicle while crossing the street in the crosswalk. The resident sustained severe bodily injuries, and there is an active ongoing police investigation into the incident. Chief Town Commission Meeting Minutes Date: February 16, 2021 Page 2 of 9 Hartmann also spoke about the Police Department's safety campaign to educate the pedestrians, residents, and condominiums on utilizing the button to activate the crosswalk lights and the flags, when crossing A1A. After Chief Hartmann's presentation, Town Manager Labadie asked for a five-minute recess to reboot the system. The recess took less than two minutes, and the meeting reconvened. 6. PUBLIC COMMENTS Mayor Hillman called for public comments. Town Clerk Gaskins stated that there were no preregistered public comments. 7. ANNOUNCEMENTS Mayor Hillman mentioned the following announcements: A. Board Vacancies 1. Board of Adjustment & Appeals Board - Two vacancies and one upcoming reappointment for a three-year term Financial Advisory Board - One vacancy and three upcoming reappointments for a three-year term Natural Resources Preservation Advisory Board - Three upcoming vacancy and one upcoming reappointment for a three-year term Planning Board - One vacancy for an unexpired term ending April 30, 2022, and one upcoming reappointment for a three-year term B. Meetings and Events March 02, 2021 - 1:30 P.M. Town Commission Meeting March 11, 2021 - 9:30 A.M. Planning Board Regular Meeting March 16, 2021 - 1:30 P.M. Town Commission Meeting C. Board Action Report 1 . None. 8. ORDINANCES A. None. 9. CONSENT AGENDA A. None. Town Commission Meeting Minutes Date: February 16, 2021 Page 3 of 9 10. UNFINISHED BUSINESS A. Discussion on the Capital Planning of the Sanitary Sewer Rehabilitation Project. Mayor Hillman read Item 10A title into the record. Town Manager Labadie introduced this item. He explained that there are two options to consider for the remaining Sewer Rehabilitation Project, which are as follows: Option one would involve completing the remaining work as a single project that exceeds the current funding limitation of $350,000 as stipulated in Sec. 2.01 (30) of the Town's Charter. Because the single project would exceed $350,000, it would require voter approval at the next local election. Option two would involve dividing the remaining work into smaller projects implemented over several years within the Capital Improvement Plan. This option should be reviewed by the Town Attorney, as it is predicated on the understanding of Sec. 2.01 (30), which reads "any single project or cumulation of projects" shall not exceed $350,000 in "any given fiscal year." Town Manager Labadie authorized Public Works Director Pat Roman to address the two- line fractures/breaks immediately and review the options of undertaking some minor sewer lining in the area of the two breaks. He explained that these two projects collectively are relatively small in nature and would cost $25,000 to $30,000 for both projects. There was discussion about the funding limitation related to repairs, capital improvements projects, emergency provisions for acts of God like hurricanes, and spreading a single project or cumulation of projects over any given fiscal year. Town Attorney Torcivia explained that the Town Commission could extend the project into fiscal years, but may run the risk of being challenged. The safer grounds would be to do the referendum or change the Town Charter. However, the Town Commission could move forward with breaking it up. The discussion continued concerning repair of the sewer lines, initiating the process to repair the sewer linings because of the aging of the system, and doing the project in phases over several fiscal year instead of doing one big project. Town Attorney Torcivia reiterated that the Town Charter is clear that "any single project or cumulation of projects require an allocation of more than $350,000.00, in any given fiscal year." He explained that the Town Commission has flexibility regarding how they want to go down this path so long as they do not spend more than $350,000 in any given fiscal year. Discussion continued about being within the legal limits of the Town Charter. Of the two aforementioned options presented by Town Manager Labadie to complete the remaining Sewer Rehabilitation Project, majority of the Town Commission leaned towards option two. Town Commission Meeting Minutes Date: February 16, 2021 Page 4 of 9 B. Discussion on deadlines for the topic only agenda items without supporting documents for Commission meetings. Commissioner Gossett-Seidman. Mayor Hillman read Item 10B title into the record. Commissioner Gossett-Seidman presented this item and suggested that the Town Commission move the deadline for submission of agenda items to Monday, six business days before the meeting date. The Town Commission discussed modifying the deadline to Monday at 10:00 A.M. If a holiday falls on Monday, the deadline will revert to Friday at 3:00 P.M. MOTION: Gossett-Seidman/Shoemaker - To move the agenda item deadline to Monday at 10:00 A.M. firm, for all agenda item topics and attachments with the exception of holidays; thereby, it would revert to Friday at 3:00 P.M. The motion passed on a 5 to 0 vote. 11. NEW BUSINESS A. Natural Resources Preservation Advisory Board February 3, 2021 recommendations. Mayor Hillman read Item 11A title into record. Town Clerk Gaskins mentioned that Mr. Steven Parks, the Chairperson of the Natural Resources Preservation Advisory Board (NRPAB) joined the meeting virtually to speak on the item. Town Planner Ingrid Allen joined the meeting virtually. Town Manager Labadie presented this item. Chairperson Parks spoke about the below listed NRPAB topics/recommendations: 1. Beach Rakers 2. "Clean Beach = Healthy Beach" banner 3. Invasive Species The Town Commission suggested having the State reevaluate the mean-high-water mark and the Florida Department of Environmental Protection (DEP) be contacted to ensure beach raking companies are following the provisions of the DEP permit and are operating within their guidelines. Town Manager Labadie will contact the DEP about beach rakers burying debris and whether or not they are working within their permit guidelines. The Town Commission also discussed the education initiative, "Clean Beach = Healthy Beach" banner, and the logo design for the beach bucket trees. Chairperson Parks explained that the "Clean Beach = Healthy Beach" banner preferred by the Town Commission did not communicate or encourage citizens to facilitate cleaning the beach, Town Commission Meeting Minutes Date: February 16, 2021 Page 5 of 9 nor does it tie into the Bucket Tree initiative. Mayor Hillman mentioned that the Town Commission is in full support of the education initiatives. However, he believed the slogan on the banner should read "Take Pride in Your Beach." Mayor Hillman's recommendation was acceptable to Chairperson Parks. Town Planner Allen spoke about the properties interested in the bucket trees and the process to install the bucket trees on those properties within 60 days. The Town Commission suggested that Town Planner Allen and Chairperson Parks work on some language for a flyer to be included in the next possible town mailings. MOTION: David/Shoemaker - To agree on the banner that says, "Take Pride in Your Beach." The motion passed on a 5 to 0 vote. Commissioner David suggested adding a second page to the next mailer with some language that talks about the education initiative. MOTION: David/ Gossett-Seidman - To have a coordinated approach to all aspects of the campaign. The motion passed on a 5 to 0 vote. The Town Commission discussed the invasive species matter and suggested that Town Manager Labadie speak with the proper authorities about the matter. B. Discussion on the Charter Review Process. Town Manager Labadie introduced this item and suggested that the Town Commission consider the board's size or composition, the appointment process, virtual or physical attendance of the members, the start time, and the review duration. The Town Commission discussed the process related to topics the Charter Review Board would discuss, board applicants and the Town Commission adding to the applicant pool, having applicants with knowledge of Town business and procedures, and Sec. 5.01 of the Town Charter. Town Manager Labadie explained that there are specific provisions in the Town's Charter that require voter approval. Any component within the Charter that was approved by voter action can only be amended by voter action. Town Attorney Torcivia commented that Town Commission could amend items in the Town's Charter except for the items that have to go to the voters. The most significant exception is the items that were approved by the voters in the past. Mayor Hillman inquired about the items that were approved or disapproved by the referendum. Town Attorney Torcivia stated that he will prepare a report for the next Town Commission meeting and will prepare a memorandum listing the six or seven items under the state law that have to go to a referendum. Town Manager Labadie mentioned that at the next Commission meeting; the Town Commission could review Town Attorney Torcivia's research for background information Town Commission Meeting Minutes Date: February 16, 2021 Page 6 of 9 and possibly make the board memberships final composition. The Town staff will follow the Advisory Boards and Committees procedures and contact those who may be interested in serving on the Charter Review Board. Town staff will also post public notice soliciting applicants for the board. C. Discussion on two Natural Resource Preservation Advisory Board Members reappointments: Katharina Braun Jack Halpern Mayor Hillman read Item 11C title into the record. He explained that both members resigned from the board, but indicated that they would stay on the board until more members are appointed. There is also another member who is leaving the town and will not be able to serve on the board any longer. Town Manager Labadie provided comments about the NRPAB membership. The Town Clerk's Office received emails from Members Braun and Halpern. They expressed not wanting to be reconsidered for reappointment on the board. Nonetheless, they both said they would continue on the board for a short period to allow the board to remain active; however, they both retracted their offers. Therefore, due to the NRPAB not meeting mandatory quorum policy, the Town Commission placed the board in a hiatus status to offer an open enrollment application period to fill the board vacancies. It was suggested that NRPAB members fill vacancies on other boards, while awaiting further information of the board's standing. At 3:56 P.M, Mayor Hillman called for a 10-minute recess. The meeting reconvened at 4:07 P.M. D. Discussion of establishing a Town policy for oversight and follow up with the Florida Power& Light regarding tree trimming on FP&L streetlights and electric poles, and to identify invasive trees and shrubs in the right of way and private property. Commissioner Gossett-Seidman Mayor Hillman read Item 11D title into the record. Commissioner Gossett-Seidman presented this item and proposed coming up with a policy that would include regular checks on streetlights and tree trimming around the lights to ensure visibility. Chief Hartmann provided comments and advised that the Police Department would assist in the initiative. E. Water Report Follow-up — Commissioner Gossett-Seidman Mayor Hillman read Item 11E title into the record. Commissioner Gossett- Seidman presented this item and inquired about the number of times water is either transferred from Highland Beach to Delray Beach or vice versa. Town Commission Meeting Minutes Date: February 16, 2021 Page 7 of 9 Town Manager Labadie discussed some of the water purchases that were made throughout the years and the implementation of new meters over the next ten years. F. Discussion on lobbying or lobbyist activities - Commissioner Gossett-Seidman Mayor Hillman read Item 11F title into the record. Commissioner Gossett- Seidman presented this item and discussed whether it is necessary for the Town to obtain a lobbyist. The Town Commission determined that obtaining a lobbyist was not necessary at this time; however, the matter could be revisited in the future. F(A). Discussion on Boat Lift Heights (This item was added to the Agenda) Mayor Hillman read Item 11 F(A) title into the record. He discussed the changes that would be made in the revised and updated ordinance spearheaded by Vice Mayor Babij concerning pilings. He inquired about the inclusion of boat lift heights. Vice Mayor Babij updated the Town Commission on the Marine Accessory Ordinance. G. Approval of Commission Meeting Minutes January 05, 2021 - Commission Meeting Minutes MOTION: Gossett-Seidman/David — To approve the January 05, 2021 minutes as corrected. The motion passed on a 5 to 0 vote. 12. TOWN COMMISSION COMMENTS Commissioner John Shoemaker discussed the experiences of General Randy Elliot and inquired about the inclusion of a memorial for the Town's veterans in the new signage. A. Veteran Article: A Veteran's Journey from Moonscape to Beachscape Commissioner Evalyn David had no comments. Commissioner Peggy Gossett-Seidman commented about her son having a wedding over the weekend in the backyard of her home. Vice Mayor Greg Babij mentioned that he was thinking of Rob Baron in regard to the Dunes. He also commented on the additional Commission principle. Mayor Douglas Hillman congratulated Vice Mayor Babij on his new endeavor. He also mentioned that at the biweekly Mayor's meeting, there was discussion on the lack of vaccines. Mayor Hillman stated that though quantities are beginning to improve, there are issues with the COVID vaccine availability at Publix pharmacies. He also commented on the opening of the fairground's vaccine distribution site. Town Commission Meeting Minutes Date: February 16, 2021 Page 8 of 8 13. TOWN ATTORNEY'S REPORT Town Attorney Torcivia had no comments. 14. TOWN MANAGER'S REPORT Town Manager Labadie spoke about the right-of-way modifications that will be discussed in-depth at the March 02, 2021 Town Commission Meeting, the kickoff of the Fire Feasibility Study that will be discussed in-depth at the March 11, 2021 Town Commission Special Meeting/Swearing-in Ceremony of Newly Elected Officials and about the swearing-in of a new Commissioner. 15. ADJOURNMENT Mayor Hillman adjourned the meeting at 5:01 P.M. APPROVED at the April 20, 2021, Town Commission Meeting. ✓` 01 1949 =_� Douglas'Hillman, Mayor ATTEST: •. SEAL * ••••......•••' * S F[• 'IOP -t Transcribed by Ganelle Thompson r • Administr tive Support Specialist A L ,�/�� J 4 0--2/2� La elda Gaskin., MMC /Date Town Clerk J Ig 04.13.2021 baw 04.15.2021 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: https://highlandbeach-fl.municodemeetings.comi