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2021.03.16_TC_Minutes_Regular . GH44 TOWN OF HIGHLAND BEACH r) TOWN COMMISSION MEETING MINUTES 1999 �. �LORIVQ' Town Hall / Commission Chambers Date: March 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 Mayor Douglas Hillman Town Manager Marshall Labadie Town Attorney Glen Torcivia (virtually) Town Clerk Lanelda Gaskins ABSENT Vice Mayor Natasha Moore 3. PLEDGE OF ALLEGIANCE The Town Commission led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA Mayor Hillman added the following items to the agenda under New Business: "Crosswalk Lights" as Item 11E, "Discussion on Board Membership, and Residency Requirement" as Item 11F, and "Discussion on Notice of Closed Session Meeting on April 6, 2021, at 1:00 P.M." as Item 11G. MOTION: David/Gossett-Seidman - To accept the agenda as extended (amended). The motion passed on a 4 to 0 vote. 5. PRESENTATIONS / PROCLAMATIONS None. Town Commission Meeting Minutes Date: March 16, 2021 Page 2 of 8 6. PUBLIC COMMENTS A. Barbara James Email Mayor Hillman called for public comments. Town Clerk Gaskins mentioned that there were no preregistrations for public comments. The Town Commission briefly discussed Ms. Barbara James, the Marine Turtle Permit Holder's upcoming retirement, and her years of service to the community. 7. ANNOUNCEMENTS A. Board Vacancies Mayor Hillman read the announcements as follows: A. Charter Review Board - Five vacancies for 120 days duration (May to August 2021) 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 Natural Resources Preservation Advisory Board — One vacancy, three upcoming vacancies, and one upcoming reappointment; all are for three-year terms. B. Meetings and Events 1. March 22, 2021 - 1:30 P.M. Town Commission Special Meeting March 29, 2021 - 2:00 P.M. Financial Advisory Board Special Meeting April 06, 2021 - 1:30 P.M. Town Commission Meeting April 08, 2021 - 9:30 A.M. Planning Board Regular Meeting C. Board Action Report 1 . None. 8. ORDINANCES A. None. Town Commission Meeting Minutes Date: March 16, 2021 Page 3 of 8 9. CONSENT AGENDA A. Development Order Application No. 20-0012 / Michael & Judith Rothberg Application by B&M Marine Construction, Inc. for a special exception approval to install four-post 24,000-pound capacity boat lift, a 7,000-pound capacity personal watercraft boat lift, and two mooring pile clusters for the property located at 3833 South Ocean Boulevard. Mayor Hillman read Item 9A title into the record. Mayor Hillman called for disclosure of Ex-Parte communication, and there were none. So, he opened the item for public hearing. Town Clerk Gaskins swore in those individuals giving testimony on this item. Town Manager Labadie introduced this item. Mr. Michael Rothberg, property owner of 3833 S. Ocean Blvd. spoke about the dolphin pilings, his intentions not to moor his large boat, and the damage the large boat could cause to the dock if he were to attempt to moor it. MOTION: Shoemaker/David - To approve Development Order No. 20-0012 as recommended by the Town staff and the Planning Board. Upon roll call, Development Order Application No. 20-0012 was approved on a 4 to 0 vote. 10. UNFINISHED BUSINESS A. Continued discussion of the Capital Planning of the Sanitary Sewer Rehabilitation Project. Mayor Hillman read Item 10A title into the record. Town Manager Labadie presented this item. The Town Commission discussed the sanitary sewer rehabilitation project related to a referendum question on the spending limits, not breaking apart the project and the severity of the project. Commissioners Shoemaker and David agreed that the capital sanitary sewer rehabilitation project should commence now for the repairs. However, continued discussion is required for the entire project. Town Attorney Torcivia provided comments about having three or four referendum questions on a ballot and organizing the questions so that, if one failed, it would not impact the others. He reminded the Town Commission that it was okay to spend money to provide information to the residents. Town Commission Meeting Minutes Date: March 16, 2021 Page 4 of 8 Commissioner Gossett-Seidman spoke against breaking the project apart and completing the sanitary sewer rehabilitation project without a referendum for the full $1.2 million cost due to past failed referendums. Mayor Hillman asked if there was a reason Town Manager Labadie was not thinking about doing the first $350,000 this year. He suggested that it was best to table the discussion and revisit it after the Charter Review Board meeting. Mr. Rothenberg provided comments about the sanitary sewer rehabilitation project. He mentioned that a referendum was not necessarily due to its public health and status as a safety concern. 11. NEW BUSINESS A. Approval of Commission Meeting Minutes January 19, 2021 - Commission Meeting Minutes Mayor Hillman read Item 11A title into the record. MOTION: David/Gossett-Seidman - To accept January 19, 2021, meeting minutes as corrected. The motion passed on a 4 to 0 vote. B. Approval of Resolution No. 2021-003 Amending the Construction Management Handbook to modify the hours of construction. Mayor Hillman read Item 11B title into the record. Town Manager Labadie presented this item. MOTION: David/Shoemaker - To approve Resolution No. 2021-003. Resolution No. 2021-003 passed on a 3 to 1 vote, with Commissioner Gossett- Seidman dissenting. C. Approval to authorize the Mayor to execute a Professional Services Agreement with Node° IT, LLC, for IT-Related Consulting Services. Mayor Hillman read Item 11C title into the record. The Town Commission discussed the services provided by Node° IT and its capability to perform upcoming services the Town may need, as well as the IT backup and recovery plans that are in place to maintain the Town's services. MOTION: Shoemaker/Gossett-Seidman - To approve and authorize the Mayor to execute a Professional Services Agreement with Node° IT, LLC, for IT- Related Consulting Services. Town Commission Meeting Minutes Date: March 16, 2021 Page 5 of 8 The motion passed on a 4 to 0 vote. D. Approval to authorize the Mayor to execute an Interlocal Agreement with the Solid Waste Authority (SWA) for the Sharing of Revenues as Part of the Municipal Recycling Program. Mayor Hillman read Item 11D title into the record. Town Manager Labadie introduced this item. Commissioner Gossett-Seidman provided information on ways the Town can improve its recycling efforts. MOTION: Shoemaker/David - To approve and authorize the Mayor to execute an Interlocal Agreement with the Solid Waste Authority for the Sharing of Revenues as Part of the Municipal Recycling Program. The motion passed on a 4 to 0 vote. E. Discussion on Crosswalk Lights - Mayor Hillman (This item was added to the agenda) Mayor Hillman introduced this item. Town Manager Labadie spoke about extra procurement steps, the $40,000 cost for the project, and incorporating this project with the state appropriation request. Commissioners Shoemaker, David, and Gossett-Seidman were in support of this item. The Town Commission discussed members of the community wearing dark-colored clothing, not walking with flashlights, not walking in crosswalks, crossing in the middle of the street, and not pushing the button to activate the crosswalk lighting. Also, there was a discussion about street lighting and tree trimming. Town Manager Labadie explained that the Police Department handles the burnt-out streetlights by notifying Florida Power & Light. Also, the Town would be responsible for the vegetation. Town Commission Meeting Minutes Date: March 16, 2021 Page 6 of 8 F. Discussion on Board Membership and residency requirement - Mayor Hillman (This item was added to the agenda) Mayor Hillman introduced this item. There was discussion about the residency requirement and some individuals having a connection within the Town, such as homeownership, being a property owner, or even a familial relationship. Town Attorney Torcivia suggested creating parameters around the number of board members on a single board who can live outside of town. MOTION: David/Shoemaker - To have staff look into revising the ordinance that requires residency to be on an advisory board. The motion passed on a 4 to 0 vote. G. Discussion on Notice of Closed Session Meeting on April 6, 2021, at 1:00 P.M. (This item was added to the agenda) Mayor Hillman mentioned that on April 6, the Town Commission would come in a half- hour early for a Closed Session Meeting. Town Attorney Torcivia read a script into the record about the pending litigation regarding the settlement negotiations and strategy related to litigation expenditures in the case of 1006 Grant Court LLC v. the Town of Highland Beach, Case No. 50-2020-CA-013920- XXXX-MB, whereby he is requesting an attorney-client session to be scheduled on April 6, 2021, at 1:00 p.m. and will be attended by the members of the Town Commission, Town Manager Labadie, and Town Attorneys Torcivia and Rubin. 12. TOWN COMMISSION COMMENTS Commissioner John Shoemaker announced that March 29, 2021, is National Vietnam War Veterans Day. He spoke about the Vietnam War and the massive issue with Agent Orange affecting some of the veterans. He also provided an update on what the Town is doing to recognize the Veterans living in the Highland Beach community. He would like the Town to send out an acknowledgment of the National Vietnam War Veterans Day to the residents. He inquired about a note on the American Rescue Plan and the "Make investments in water sewer and broadband infrastructure to a state-administered program." He also asked if the Town will need a referendum if it receives funds from the American Rescue Plan. His concern stems from the plan's standing as a state-approved expenditure for the specific sewer program. Town Manager Labadie explained that the American Rescue Plan would provide direct payment of $1.65 million from the federal government, and it identifies the category of expenditures. He also explained the limitations. Town Commission Meeting Minutes Date: March 16, 2021 Page 7 of 8 Commissioner Evalyn David commented about spending the money from the American Rescue Plan wisely and about the treatment of Veterans post-war. Commissioner Peggy Gossett-Seidman agreed with Commissioner Shoemaker's ideas for the Veterans. She mentioned she will be traveling to Tallahassee on March 25 for the Elected Women Officials meetings and will bring back a full report. She also noted, there may be a possibility of accompanying Representative Caruso to the Florida Department of Transportation for swales repairs. Lastly, she mentioned she has a close personal friend who writes grants throughout the county. Mayor Douglas Hillman commented on the Leighton Design Group that the Town chose to update the entry sign and island in front of Town Hall. He stated that the project is underway. 13. TOWN ATTORNEY'S REPORT Town Attorney Torcivia had nothing to report. 14. TOWN MANAGER'S REPORT Town Manager Labadie provided a report as follows: He mentioned that the Town currently does not have quality drawings of the property and that a survey needs to be done on the Town property. He asked the Town Commissioners to let him know about their summer schedules. The Cybersecurity Group meets monthly, which consist of himself, Chief Hartmann, Terisha Cuebas, and the IT Consultant NodeO IT. The Manatee Group includes Mr. and Mrs. Chattelear. This group had a productive meeting about creating a wake zone. He stated that the process is very time-consuming and mentioned the Fish and Wildlife zoom meeting. He explained what drives wake zone changes and indicated that it must include documented issues such as excessive speeding, navigation issues, or accidents. The manatee process is a County-driven process. He stated that people on kayaks, paddleboards, or canoes on the Intracoastal Waterway are not encouraged. Commissioner Gossett-Seidman spoke about the impending navigation matters that may result from the proposed Boca Raton based condominium marina. Town Manager Labadie also mentioned a possible discussion topic on oil drilling in the Bahamas. Mayor Hillman suggested making a couple of phone calls to other municipalities concerning oil drilling. There was a brief discussion about the oil drilling. 15. ADJOURNMENT Town Commission Meeting Minutes Date: March 16, 2021 Page 8 of 8 Mayor Hillman adjourned the meeting at 3:26 P.M. APPROVED at the June 16, 2021, Town Commission Meeting. HLA�N CJ �RqT' .t0`41► < r 1949 7 s / % e \19,(7' .7% ► ,.. SEAL •*mor ATTEST: ��4� Ft Douglas Hillman, Mayor Transcribed by Ganelle Thompson Administrative Support Specialist i O Lanelda Gas ins, M C Date Town Clerk ri 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: haps./ihignianabeach-fi.municoaemeetings.com;