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2021.05.04_TC_Minutes_RegularTOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES Town Hall / Commission Chambers Date. May 04, 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 Natasha Moore Mayor Douglas Hillman Town Manager Marshall Labadie Town Attorney Glen Torcivia Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE Town Commission lead the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA MOTION: David/Shoemaker - To accept the agenda as presented. 5. PRESENTATIONS / PROCLAMATIONS A. Building Safety Month Proclamation B. Drinking Water Week Proclamation C. Professional Municipal Clerks Week Mayor Hillman read each proclamation into the record. Present the to accept the proclamations were Building Official Jeffrey Remas and staff, Public Works Director Pasquale Roman and staff, and Town Clerk Gaskins and staff. Town Commission Meeting Minutes Date: May 04, 2021 2 of 7 6. PUBLIC COMMENTS Ms. Roberta Kruta voiced her concerns about the removal of landscaping debris, Delray Sands Hotel charging residents $10.00 for parking and, the Delray Beach Tennis Club charging non-residents double to use their facilities. 7. ANNOUNCEMENTS Mayor Hillman read the announcements as follows: A. Board Vacancies A. Board of Adjustment & Appeals Board - Two vacancies, all for three-year terms Code Enforcement Board - One vacancy for a three-year term Financial Advisory Board - Three vacancies, all for three-year terms Planning Board - One vacancy for an unexpired term ending April 30, 2022 Natural Resources Preservation Advisory Board — Four vacancies, all for three-year terms B. Meetings and Events 1. May 12, 2021 - 2:00 P.M. Charter Review Board Meeting May 13, 2021 - 9:30 A.M. Planning Board Regular Meeting May 18, 2021 - 1:30 P.M. Town Commission Meeting C. Board Action Report 1. April 2021 Board Action Report (For Information Only) Town Commission Meeting Minutes Date: May 04, 2021 Page 3 of 7 8. ORDINANCES A. Proposed Ordinance/ Modifying Residency Requirements for serving on quasi- judicial and advisory boards An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Chapter 2, "Administration," Article V, "Boards and Committees," Division 1, "Generally," of the Town Code of Ordinances by amending Section 2- 99, "Procedure for appointment and filling of vacancies; qualification for membership of boards and committees; terms," to define the residency requirements to serve on town boards and committees; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing an effective date. Mayor Hillman read Item 8A title into record. Town Manager Labadie presented this item and explained the proposed ordinance modification addresses the residency requirements to allow no more than two tax paying property owners to serve on none quasi-judicial advisory boards. MOTION: Hillman/David - To approve Item 8A. Upon roll call, the motion passed on a 5 to 0 vote. 9. CONSENT AGENDA A. None. 10. UNFINISHED BUSINESS A. None. 11. NEW BUSINESS A. Resolution No. 2021-005 / Appointment to the Planning Board/ Member Harry Adwar. A Resolution of the Town of Commission of the Town of Highland Beach, Florida, ratifying the selection, appointment, and term of office of members of the Planning Board, and providing for an effective date. Mayor Hillman read Resolution No. 2021-005 title into the record. Town Manager Labadie presented this item. MOTION: David/Shoemaker - To approve Resolution No. 2021-005 as presented. Resolution No. 2021-005 passed unanimously 5 to 0. Town Commission Meeting Minutes Date: May 04, 2021 Page 4 of 7 B. Discussion on the proposed ordinance amending Section 30-66 "Other Requirements" of the Zoning Code (Chapter 30) to modify certain encroachment setbacks for properties abutting a waterway, canal, or lake. Mayor Hillman read Item 11 B title into record. Town Manager Labadie introduced this item. He briefly spoke about the modification to the Section 30-66(c)(1)a of the proposed ordinance as it relates to granting rear and side yard setbacks on a waterfront property which could have some additional encroachments up to fifty percent and the clause encouraging the porous/pervious nature of those improvements to help improve infiltration to create flexibility. Town Planner Ingrid Allen explained that the Zoning Code Section 30-68(f) provide setbacks for pool decks. She presented a PowerPoint presentation of the current pool deck setback provision in the code, discussed the provisions in Sections 30-68c and 30- 66 and suggested the following: • Section 30-68c, the Town Commission may want to consider striking through paragraph "c" as it relates to pool deck and decks, given what is in the ordinance under Section 30-66. • Component in paragraph "c" related to screen enclosure, the Town Commission may want to consider keeping the screen enclosure setback at five feet given that it is a structure. Therefore, a five feet setback may be fine. However, if the Town Commission decides to keep paragraph "c," Town Planner Allen recommended paragraph "c" be moved to Section 30-66 because it belongs in the encroachment section as opposed to pool deck setbacks. Town Planner Allen also referred to a PowerPoint slide and spoke about the plans Mr. Joshua Davison submitted to the Building Department regarding condominium's project. Ms. Allen further explained Sections 30-66 and 30-68 and pointed out the redundancy in these provisions. Then she spoke about Mr. Davison's matter regarding the expansion of the wood deck. Discussion following about the language in the proposed ordinance related to the total encroachment limit of "fifty percent" of the side or rear yard setback area and encroachment setbacks in general. There was support from the Town Commission to allow some expanded encroachments into waterfront setbacks, for Town Planner Allen to present the proposed ordinance to the Planning Board. Have the Planning Board look at a no cap percentage or expanded percentage, remove the pool deck components, possibly with the new provision say that any work in the setback triggers compliance with the one -inch drain run-offs to allow it to be caught on the permit side to accommodate the drainage per the ordinance. It was suggested that there be a clear distinction between a backyard and a dock. The proposed ordinance will be presented to the Planning Board on May 13 and come back to Town Commission as a first reading on May 18. Town Commission Meeting Minutes Date: May 04, 2021 Page 5 of 7 12. TOWN COMMISSION COMMENTS Commissioner John Shoemaker spoke about the following: • His interview with Mr. Claude Smith, a veteran at the Carron House at Boca Highland. Mr. Smith established a nonprofit organization called Veteran Last Patrol, which supports veterans in hospice. Their website is www veteran iastpatroi.org. • Input from citizens who are pleased with the decision about the EMS and fire and rescue. • Problem in the insurance industry as it relates to the Texas floods and the COVID-19 litigations, the effect on increasing insurance rates, and impact windows reduce the cost of insurance. • Outing with Mr. Jeffrey Kleinman on his boat and his observation of the beach area including the burrows, break in the reefs and erosion. Commissioner Evalyn David spoke the following: • Braemar Isles subsequently acquired impact windows and the difference it made on the insurance cost. • The sand and protecting the beach from eroding. • The positive responses received from residents regarding the Fire and Rescue contract. Assured the residents the right people will be hired to help guide the Town Commission through the process. Commissioner Peggy Gossett -Seidman talked about the following: • The sand on the beach. • Everyone was thrilled about the fire and rescue services. • Florida State Representative Michael Caruso (District 89) letter to Florida Governor last fall regarding the sand and he has been on this matter. She has a meeting in late May. • The state appropriations failed this year. Florida State Senator Tina Polsky (District 29) and Florida State Representative Michael Caruso (District 89) are redirecting the Town to the multiple grants that are available to small towns for infrastructure and flooding. The money is readily available rather than having an appropriation this year. Town Manager Labadie was made aware of the same and she will keep the Town Commission informed on this matter. • Zoom meeting on Thursday with the entire state league of cities representatives regarding a wrap-up on the appropriations and the budget. She will have a full report at the next meeting. • Home rule was eroded a little bit in the area such as home businesses. The state will have a bit more control in this area and there will be a little freedom for residents working from home. Small towns and beach towns are in order and there were no major failures. Regarding vacation rentals the Town ordinance governing them still stands. Vice Mayor Natasha Moore talked about the following: Town Commission Meeting Minutes Date: May 04, 2021 Page 6 of 7 • Formalizing a written project plan for fire -rescue with major milestones dates, including a timestamp indicating the last time the plan was updated. • Contacting someone at the City of Coconut Creek to learn what are their biggest risks, what did they do well and what could they do better. • Revising the Strategic Priorities and adding Fire and Rescue. • She inquired about the Charter Review Board agenda. Mayor Douglas Hillman inquired about the report on the status of the beach bucket trees and Town Manager Labadie will forward the report to the Town Commission. He spoke about the following: • The sand and there being nothing the Town could do about this matter. • His meeting with the City of Boca Raton's Mayor Scott Singer. 13. TOWN ATTORNEY'S REPORT Town Attorney Torcivia spoke about Governor Ron DeSantis entering another executive order regarding mask mandates. 14. TOWN MANAGER'S REPORT Town Manager Labadie provided a report on the following: • Over the next four to six weeks the Library and Post Office will provide more flexibility for its users and safety protocols will remain in place. • Total positivity rate in Palm Beach County fell below five percent. • Service improvements in the public sector such as Zoom meeting, calling ahead for library books and the curve side service provided by the library has been positive. • Strategic Priorities: Will provide the Town Commission with a quarterly update. • In touch with a PR firm to assist with the communication plan. • Fire Department: A formal plan will begin to form in the next quarter. In Progress is the foundational elements such as the termination agreement, contact with a medical director, and the request for proposal (RFP) to obtain an architect to design the fire department. The next component will be to bring someone in to help town staff and Town Commission take the next steps to aggregate this inform into one plan. • Start bi-weekly meetings with Town Commission regarding the Fire and Rescue Department project. He and Town Attorney Torcivia has been working hard and making progress on Fire Department project. It was the consensus of the Town Commission to schedule a Special Commission meeting on May 25 at 4:00 P.M. to discuss the fire service project. Town Commission Meeting Minutes Date: May 04, 2021 Paste 7 of 7 15. ADJOURNMENT The meeting was adjourned at 3:16 P.M. APPROVED at the JulyZQ,2021, Town Commission Meeting. -. ATTEST o ; 1949 r� +, '•ti SEAL .•r t�h._FCORIpP Liman Ida Gaskins, To Clerk Ig: 06/22/2021 C lam', Douglas Hillman, Mayor Transcribed by Ganelle Thompson Administrati a §upport Specialist A11/.1 -2.02/ Date 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: