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2021.05.18_TC_Minutes_RegularTOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES Town Hall / Commission Chambers Date: May 18, 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 1.39 P.M 2. PRESENT UPON ROLL CALL Commissioner John Shoemaker (virtually) Commissioner Evalyn David Commissioner Peggy Gossett -Seidman Vice Mayor Natasha Moore Mayor Douglas Hillman Town Attorney Leonard Rubin Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Town Commission lead the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA Town Manager Labadie requested to remove Item 11 E, Approval of Meeting Minutes from the agenda. The Meeting Minutes were postponed to the June 1, 2021, Town Commission agenda. MOTION: David - To approve the agenda as amended. The motion passed unanimously 5 to 0. 5. PRESENTATIONS / PROCLAMATIONS A. Memorial Day Proclamation B. National Public Works Week Proclamation C. National Safe Boating Week Proclamation Town Commission Meeting Minutes Date: May 18, 2021 Paae 2 of 8 Mayor Hillman read each proclamation into the record. He presented the National Public Works Week proclamation to Public Works Director Pasquale Roman and staff. Mr. Rafael Baez, Flotilla Commander - Flotilla 36 with the United States Coast Guard Auxiliary District 7, Division 3 joined the meeting virtually and thanked the Town Commission for the National Safe Boating Week proclamation. 6. PUBLIC COMMENTS AND REQUESTS NON -AGENDA ITEMS ONLY Mr. Greg Harrington spoke about an incident he encountered with a bicyclist on May 4, 2021, and the issues caused by the cyclist in the roadway. 7. ANNOUNCEMENTS Mayor Hillman read the announcements as follows: A. Board Vacancies 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 May 25, 2021 - 4:00 P.M. Town Commission Special Meeting May 26, 2021 - 2:00 Charter Review Board Meeting June 01, 2021 - 1:30 P.M. Town Commission Meeting June 08, 2021 - 2:00 P.M. Code Enforcement Board Meeting June 10, 2021 - 9:30 A.M. Planning Board Meeting C. Board Action Report May 2021 Board Action Report (For Information Only) Charter Review Board Planning Board Regular Town Commission Meeting Minutes Date: May 18, 2021 3of8 There was a discussion about the Charter Review Board as it relates to the recent resignation of a board member, the provisions of Section 99(c) prohibiting board members from serving on two advisory boards, requesting sitting board members to temporarily resign from an advisory board in order to serve on the Charter Review Board, and the possible ethical issue concerning board members serving on multiple boards. It was the consensus of the Town Commission for town staff to modify the provisions of Section 99(c) and ask the board members currently appointed to an advisory board to resign from the board with the understanding that they will be reappointed. 8. ORDINANCES A. Ordinance No. 2021-005 / Modifying Residency Requirements for serving on quasi-judicial and advisory boards (Second Reading) An Ordinance 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. (First Reading was May 04, 2021) Town Attorney Rubin read Ordinance No. 2021-005 title into the record. MOTION: Hillman/David - To adopt Ordinance No. 2021-005 as presented. Upon roll call, Ordinance No. 2021-005 passed on a 5 to 0 vote. B. Proposed Ordinance / Amending Section 30-66 "Other Requirements" and Section 30-68 "Supplemental District Regulations" of the Zoning Code (Chapter 30) An Ordinance of the Town of Highland Beach, Florida, amending Section 30-66 "Other Requirements" and Section 30-68 "Supplemental District Regulations" of the Town Code of Ordinances to modify certain encroachments into setbacks for properties abutting a waterway, canal, or lake; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing an effective date. Town Planner Ingrid Allen presented this item. She discussed the proposed amendments to Sections 30-66 and 30-68 of the zoning codes concerning encroachments for walkways or other hard surfaces abutting a waterway, canal, or lake. Discussion followed about the language in Section 30.66(1)a, and it was suggested that Town staff modify the language in the above -referenced section to make sure it is clear that nonporous/non-pervious based materials are permissible. Town Commission Meeting Minutes Date: May 18, 2021 Page 4 of 8 Mayor Hillman read the Proposed Ordinance title into the record. MOTION: David/Moore - To approve the change to Sections 30-66 and 30-68 (the Proposed Ordinance) with the change in the language saying that under Section 30-66(1)a, that impervious and nonporous materials may be used. Upon roll call, the Proposed Ordinance was approved with the suggested provision ona5to0vote. C. Proposed Ordinance / Amendment to the Zoning Code (Chapter 30) to correct several scrivener's errors An Ordinance of the Town of Highland Beach, Florida, amending Chapter 30 "Zoning Code" of the Town Code of Ordinances in order to correct several scrivener's errors and to eliminate obsolete provisions pertaining to public notice and vertical datum; providing for severability and codification; and providing an effective date. Town Planner Allen presented this item and explained the changes to proposed ordinance related to the Zoning Code (Chapter 30). At its May 13 meeting, the Planning Board reviewed the proposed ordinance and recommended approval on a 5 to 0 vote. MOTION: David/Shoemaker - To approve the Proposed Ordinance amending Chapter 30, Zoning Code to eliminate several scrivener's errors. Upon roll call, the Proposed Ordinance was approved on a 5 to 0 vote. 9. CONSENT AGENDA A. Resolution No. 2021-006 / Budget Amendment Police Vehicle A Resolution of the Town Commission of the Town of Highland Beach, Florida, amending Resolution No. 20-017, which appropriated funds for the 2020-2021 Fiscal Year Budget, and providing an effective date. Mayor Hillman read Resolution No. 2021-006 title into the record. Finance Director Matthew Lalla presented this item. MOTION: David/Moore - To approve Resolution No. 2021-006 as presented. Resolution No. 2021-006 passed unanimously 5 to 0. 10. UNFINISHED BUSINESS A. None. Town Commission Meeting Minutes Date: May 18, 2021 Paqe 5 of 8 11. NEW BUSINESS A. Approval to Purchase One 2021 Ford Escape FWD SE Hybrid Vehicle from Bartow in an amount of $29,961.85 to replace the Building Department Code Compliance vehicle. Mayor Hillman read Item 11A title into the record. Building Official Jeffrey Remas presented this item. MOTION: Gossett-Seidman/Shoemaker - To approve (Item 11A) the allocation of $29,961.85 towards the Bartow Ford purchase for the Building Department Code Compliance vehicle. The motion passed unanimously 5 to 0. B. Resolution No. 2021-007 / Budget Amendment for Building Department Replacement Vehicle A Resolution of the Town Commission of the Town of Highland Beach, Florida, amending Resolution No. 20-017, which appropriated funds for the 2020-2021 Fiscal Year Budget, and providing an effective date. Mayor Hillman read Resolution No. 2021-007 title into the record. MOTION: Hillman/David - To approve Resolution No. 2021-007 as presented. Resolution No. 2021-007 passed unanimously 5 to 0. C. Resolution No. 2021-008 / Settlement Between the Town of Highland Beach and 1006 Grand Court LLC and Richard Touchette A Resolution of the Town Commission of the Town of Highland Beach, Florida, approving a Settlement Agreement between the Town of Highland Beach and 1006 Grand Court LLC and Richard Touchette regarding a Petition for Writ of Certiorari challenging the Planning Board's denial of an application to amend a previously approved Ten Post Platform Boatlift located at 1006 Grand Court; and providing for an effective date. Mayor Hillman read Resolution No. 2021-008 title into the record. Town Attorney Rubin presented this item. He also called for public comments. Town Clerk Gaskins stated that there were no public comments. MOTION: Gossett-Seidman/Shoemaker - To approve Resolution No. 2021-008 as presented. Upon roll call, Resolution No. 2021-008 was approved on a 4 to 1 vote, with Commissioner David dissenting. Town Commission Meeting Minutes Date: May 18, 2021 Page 6 of 8 D. Resolution No. 2021-009 / Charter Review Board Member Appointment A Resolution of the Town Commission of the Town of Highland Beach, Florida, ratifying the selection, appointment, and term of office of members of the Charter Review Board; and providing for an effective date. Mayor Hillman read Item 11 D title into the record. MOTION: Gossett-Seidman/Shoemaker - To approve Resolution No. 2021-009 Charter Review Board member appointment to ask Richard Greenwald to serve in such capacity pending the final decision of the State or County Ethics confirming that that is acceptable. If not, ask seek Mr. David Powell to serve in such capacity. Resolution No. 2021-009 passed unanimously 5 to 0. E. Approval of Commission Meeting Minutes (This Item was removed from the agenda) March 02, 2021 Town Commission Minutes March 11, 2021 Town Commission Special Meeting/Swearing in Ceremony of Newly Elected Officials March 16, 2021 Town Commission Minutes March 22, 2021 Town Commission Special Minutes 12. TOWN COMMISSION COMMENTS Commissioner John Shoemaker had no comments. Commissioner Evalyn David had no comments. Commissioner Peggy Gossett -Seidman presented an update as follows: • Florida State Representative Michael Caruso (District 89) is continuing to follow up on Florida State Senator Tina Polsky (District 29) concerns related to the Florida Department of Transportation and repairing swales. He is attempting to schedule a Zoom or in person meeting with the Florida Department of Transportation and Town Manager Labadie about repairing the neediest areas along A1A. • She is seeking grants for the swale flooding problems. • Florida State Representative Michael Caruso (District 89) called Florida Power & Light Vice President contact about the trimming the trees along the powerlines in Highland Beach. • Florida State Representative Michael Caruso (District 89) reported that the average home value in District 89 increased in one year, in the fourth quarter of 2019 was $1.2 million and average home value is now $2.3 million in the fourth quarter of 2020, which nearly doubled in one year. • Senate Bill No. 1946 reference derelict vehicles passed and covers the entire state of Florida except Monroe County. Town Commission Meeting Minutes Date: May 18, 2021 7 of 8 Vice Mayor Natasha Moore had no comments. Mayor Douglas Hillman congratulated Vice Mayor Moore on her letter. He and Town Manager Labadie have their first presentation with Mr. David Stern's condominium association regarding the Fire and Rescue services. 13. TOWN ATTORNEY'S REPORT Town Attorney Rubin had nothing to report. 14. TOWN MANAGER'S REPORT Town Manager Labadie provided an update as follows: • Fire and Rescue Services project: Making good progress as it relates to hiring a Medical Director, a PR firm, and a forensic accountant. • Implementation plan emailed to the Town Commission last night. • Bicyclist: Chief of Police Hartmann is working with several bicyclist group and making some progress on the cyclist safety along A1A. Chief of Police Craig Hartmann provided comments about the bicyclist and are supporting some legislation about substandard lane. The Florida Department of Transportation recently did a study related to speeds and volume. • Kudos to the Police Department: Officers Jeffrey Miller and George Reid for helped with a charity walk associated with Ms. Gildan and Boca Highlands and officers retrieved a stolen vehicle. • COVID-19 is improving; and the Center for Disease Control provided some flexibility on the mask. • Meeting with Department Heads tomorrow and planning for future opening of town facilities as the facilities will reopen on June 1. There was a discussion about electric vehicles and charging stations. Town Commission Meeting Minutes Date: May 18, 2021 Page 8 of 8 15. ADJOURNMENT The meeting was adjourned at 3:54 P.M. APPROVED at the July 20, 2021, Town Commission Meeting. ATTEST Lar�elda Gaskins` Town Clerk Ig: 06/23/2021 4�\GHLq iVp 11 p: �KP OR • ;��,� o 1949 ;_ �.,..gEAL ; �* 11 % AFLOR�� ►IMN Douglas Hillman, Mayor Transcribed by Ganelle Thompson Administrative Support Specialist i D to 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:-,ncibeach-fl.municoderieetings.oc