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2021.03.02_TC_Minutes_Regular olGHle.4 O TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES 1949 4LORIVQ' Town Hall / Commission Chambers Date: March 02, 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 (virtually) Mayor Douglas Hillman Town Manager Marshall Labadie Town Attorney Glen Torcivia (joined virtually at 1:33 P.M.) Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Town Commission led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA MOTION: David/Gossett-Seidman - To approve the agenda as presented. The motion passed on a 5 to 0 vote. 5. PRESENTATIONS / PROCLAMATIONS A. John Bury Proclamation Mayor Hillman read the proclamation into the record. Town Commission Meeting Minutes Date: March 02, 2021 Page 2 of 7 6. PUBLIC COMMENTS A. Barbara James Email Mayor Hillman called for public comments. Town Clerk Gaskins mentioned that the email from Ms. Barbara James was included in the Town Commission agenda packet. There were no preregistered public comments for the meeting. 7. ANNOUNCEMENTS Mayor Hillman read the announcements as follows: A. Board Vacancies 1. Board of Adjustment & Appeals Board - Two vacancies and one upcoming reappointment for a three-year term Financial Advisory Board - Two vacancies, one upcoming vacancy, and one 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 11, 2021 - 9:30 A.M. Planning Board Regular Meeting March 11, 2021 - 12:00 P.M. Town Commission Special Meeting/Swearing-in Ceremony of Newly Elected Officials March 16, 2021 - 1 :30 P.M. Town Commission Meeting C. Board Action Report February 2021 Board Action Report (Information Only) 8. ORDINANCES A. None. Town Commission Meeting Minutes Date: March 02, 2021 Page 3 of 7 9. CONSENT AGENDA A. Approve and authorize the Town Manager to renew the agreements for one year with the following engineering firms, pursuant to the original professional services agreements: Calvin, Giordano & Associates Global Tech KCI (formerly Keith & Schnars P.A.) Baxter Woodman (formerly Matthews Consulting) Town Manager Labadie presented this item and explained that the Town currently has contracts with Calvin, Giordano &Associates, Global Tech, KCI (formerly Keith & Schnars P.A.), and Baxter Woodman (formerly Matthews Consulting) for engineering service, and that staff has been satisfied with the work completed by the firms. He is requesting approval/authorization to renew the agreements for one year. MOTION: David/Babij - To authorize the Town Manager to execute the one-year renewals on all four contracts. The motion passed on a 5 to 0 vote. 10. UNFINISHED BUSINESS A. Discussion of the revised Ordinance regarding right-of-way (ROW). Town Manager Labadie presented this item. He advised of the revisions made and provided an overview of Chapters 12, Sec. 12-12 — "Construction in the public right-of- way," Chapter 25, "Streets, Sidewalks, Bicycle/Walkway Paths, and Right-of-way," Chapter 28, "Xeriscape-Landscape Requirements, Installation, and Maintenance," and Sec. 28-2 regarding invasive plant species. The Town Commission discussed the content of the revised ordinance related to protecting the swales in the public right-of-way, replacement of dead plants and trees, and the estimated cost of a swale costing between $5,000 and $10,000 per swale for each property. Town Planner Allen joined the meeting virtually and explained that the revised proposed ordinance includes language regarding improvements and dome shaped buttons. She also addressed Sec. 28-7(3) of the Town's Code of Ordinances regarding the limited amount of lawn grass areas and Sec. 28-5(h) related to the different types of grass species. Further discussion followed about overgrown shrubs within a visibility triangle. Town Manager Labadie advised that the overgrown shrubs would be trimmed by the Public Works Department. Town Commission Meeting Minutes Date: March 02, 2021 Page 4 of 7 The Town Commission discussed dome shaped buttons, pyramid blocks, wooden stakes, and adding clarity to the definition of improvements related to the right-of-way. Throughout the discussion, the Town Commission suggested additional changes to the proposed ordinance. It was the recommendation of the Town Commission that staff make the following changes and that the ordinance be brought back to a future Commission meeting: Right-of-way permits shall not be required to replace dead plants or trees, individuals shall not be charged to replace dead plants or trees, for swale improvements, or for new swale installs in the public right-of-way. Prohibit pyramid blocks or similar yard edge markers and to add that dome shaped buttons should not have wood stakes. Clarify the definition of "improvement" in Chapter 30 to reflect that only construction activity in the right-of-way will require a right-of-way permit. Prohibit newsracks. B. Discussion on the Charter Review Board Process. Town Manager Labadie presented this item. He explained the item was a continued discussion on the Charter Review Board process, as it relates to the regulatory framework provided by Town Attorney Torcivia, the draft public notice for vacancies, board applications, and the May through August (120 days) timeline. Discussion followed regarding the timeline to submit the ballot question to the Palm Beach County Supervisor of Elections Office (PBCSOE), for the March 2022 election. Town Manager Labadie described the timeline and mentioned that the ballot language should be submitted to the Town Clerk in early November in order to meet the Palm Beach County Supervisor of Elections deadline. There was additional discussion about the 2012 Charter Review Board, the number of members that served on the board, the domicile requirements, and what went to referendum in 2012. Town Attorney Torcivia explained that Ordinance 12-003 went to referendum in 2012. The ordinance was a referendum amendment to the Town's Charter, which had some changes to correct grammatical errors. Mayor Hillman asked Town Clerk Gaskins to look into the history of the referendum. There was further discussion about placing the Sanitary Sewer Rehabilitation Project on the March 2022 election as a referendum ballot question. It was the consensus of the Town Commission to place this item on the next meeting agenda for discussion. Town Attorney Torcivia explained that the language in the Town's Charter is very clear and that the Town Commission could spend up to $350,000 on a single project in any given fiscal year. Town Commission Meeting Minutes Date: March 02, 2021 Page 5 of 7 11. NEW BUSINESS A. Approval of the Final Water and Wastewater Rates. Resolution No. 2021-001/Amending FY 2020-2021 schedule of fees for Water and Sewer Rates A Resolution of the Town of Highland Beach, Florida, amending the fiscal year 2020-2021 schedule of fees for the purpose of increasing Water and Sewer Rates; providing for conflicts; and providing an effective date. Mayor Hillman read Item 11A title into the record. Mr. Mark Tuma of Raftelis Financial Consultants, Inc. joined the meeting virtually. Town Manager Labadie presented this item. The Town Commission discussed paragraph XIV—Annual Rate Adjustment of Exhibit A of the Schedule of Fees. It was the recommendation of the Town Commission to remove paragraph XIV — Annual Rate Adjustment from Exhibit A of the Schedule of Fees from Resolution No. 2021-001 because the information was outdated. MOTION: David/Gossett-Seidman - To approve the Final Water and Wastewater Rates Study. Upon roll call, the Final Water and Wastewater Rates Study passed on a 5 to 0 vote. MOTION: Shoemaker/David - To approve Resolution No. 2021-001 , as amended. Upon roll call, Resolution No. 2021-001 passed on a 5 to 0 vote. B. Approval of Commission Meeting Minutes January 19, 2021 - Commission Meeting Minutes February 02, 2021 - Commission Meeting Minutes Mayor Hillman read Item 11B title into the record. Commissioner Gossett-Seidman suggested additional information be added to Item 8A of January 19, 2021 , Commission Meeting Minutes. The January 19, 2021, Commission Meeting Minutes will be placed on the next meeting agenda. MOTION: Gossett-Seidman/David - To accept the minutes of the Town Commission meeting of February 02, 2021 . Upon roll call, February 02, 2021 Meeting Minutes passed on a 5 to 0 vote. Town Commission Meeting Minutes Date: March 02, 2021 Page 6 of 7 12. TOWN COMMISSION COMMENTS Commissioner John Shoemaker spoke about SolarWinds hacking and a hacking incident involving a municipal Water Treatment Plant in Florida. Town Manager Labadie advised of the security mechanisms in place to protect the town's Water Treatment Plant systems. Commissioner Evalyn David had no comments. Commissioner Peggy Gossett-Seidman spoke about her conversation with Senator Tina Polsky concerning a proposed bill on derelict vessels. She mentioned the state appropriation requests are moving along and it will be a seven-week process. Lastly, she spoke about short-term rentals and Airbnb's. Vice Mayor Greg Babij commented on the progress of the Marine Accessory ordinance. His suggestions were to make a presentation on the proposed charges in an outline type format with photographs to assist the Town Commission in moving forward with writing the ordinance. Then he would present the proposed changes at a future Town Commission meeting. Mayor Douglas Hillman had no comments. 13. TOWN ATTORNEY'S REPORT Town Attorney Torcivia commented that he is looking forward to working with the Charter Review Committee. 14. TOWN MANAGER'S REPORT Town Manager Labadie provided an update on the following: He will meet and work with Ms. Margarita Chattelear on a monthly basis to discuss manatees in the wake zones. He and Chief of Police Hartmann will meet with some individuals about the wake zones, and also plan to meet with the Florida Fish and Wildlife Division on next week. The Natural Resources Preservation Advisory Board and other boards do not have full membership. Currently, there are three members on the Natural Resources Preservation Advisory Board. Town Clerk Gaskins will contact Ms. Chattelear and will provide her a board application for the Natural Resources Preservation Advisory Board. He and Chief of Police Hartmann will assess possibly loosening the restrictions on the Library and Post Office to allow for more patrons in those areas. Town Commission Meeting Minutes Date: March 02, 2021 Page 7 of 7 15. ADJOURNMENT Mayor Hillman adjourned the meeting at 3:42 P.M. APPROVED at the June 01, 2021 Town Commission Meeting. ti. O .•'.KP 0 R. o I 1949 :_ lyt ATTEST: sEa. * Doug as Hillman, Mayor -% FlpROP Transcribed by Ganelle Thompson Administrativ Support Specialist Gi 4t A Lt V i cr;)I an da Gaskins, MMC / Date Town Clerk ` Ig: 05/07/2021 baw: 05/11/2021 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.;;highlandbeacn-fl.municodemeetinas.corr''.